114 HR 2523 IH: American Trade Enforcement Effectiveness Act
U.S. House of Representatives
2015-05-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 2523
		IN THE HOUSE OF REPRESENTATIVES

			May 21, 2015
			Mr. Bost (for himself, Mr. Rodney Davis of Illinois, Mr. Crawford, Mr. Murphy of Pennsylvania, Mr. Visclosky, Ms. Sewell of Alabama, Mr. Rothfus, Mr. Rokita, Mr. Ryan of Ohio, Mr. Gibbs, Mr. Shimkus, Mr. Johnson of Ohio, Mr. Nolan, Ms. Kaptur, Mr. Renacci, Mr. Rouzer, Mr. Byrne, Mr. Flores, Mr. Barletta, Mr. Hudson, Mr. Gene Green of Texas, Mr. Pittenger, and Mr. Kelly of Pennsylvania) introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To make improvements to the antidumping and countervailing duty laws.

 1.Short titleThis Act may be cited as the American Trade Enforcement Effectiveness Act. 2.Consequences of failure to cooperate with a request for information in a proceedingSection 776 of the Tariff Act of 1930 (19 U.S.C. 1677e) is amended—
 (1)in subsection (b)— (A)by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right;
 (B)by striking Adverse Inferences.—If and inserting the following: “Adverse Inferences.—  (1)In generalIf;
 (C)by striking under this title, may use and inserting the following: “under this title—  (A)may use; and
 (D)by striking facts otherwise available. Such adverse inference may include and inserting the following: “facts otherwise available; and  (B)is not required to determine, or make any adjustments to, a countervailable subsidy rate or weighted average dumping margin based on any assumptions about information the interested party would have provided if the interested party had complied with the request for information.
 (2)Potential sources of information for adverse inferencesAn adverse inference under paragraph (1)(A) may include; (2)in subsection (c)—
 (A)by striking Corroboration of Secondary Information.—When the and inserting the following: “Corroboration of Secondary Information.—  (1)In generalExcept as provided in paragraph (2), when the; and
 (B)by adding at the end the following:  (2)ExceptionThe administrative authority and the Commission shall not be required to corroborate any dumping margin or countervailing duty applied in a separate segment of the same proceeding.; and
 (3)by adding at the end the following:  (d)Subsidy rates and dumping margins in adverse inference determinations (1)In generalIf the administering authority uses an inference that is adverse to the interests of a party under subsection (b)(1)(A) in selecting among the facts otherwise available, the administering authority may—
 (A)in the case of a countervailing duty proceeding— (i)use a countervailable subsidy rate applied for the same or similar program in a countervailing duty proceeding involving the same country, or
 (ii)if there is no same or similar program, use a countervailable subsidy rate for a subsidy program from a proceeding that the administering authority considers reasonable to use, and
 (B)in the case of an antidumping duty proceeding, use any dumping margin from any segment of the proceeding under the applicable antidumping order.
 (2)Discretion to apply highest rateIn carrying out paragraph (1), the administering authority may apply any of the countervailable subsidy rates or dumping margins specified under that paragraph, including the highest such rate or margin, based on the evaluation by the administering authority of the situation that resulted in the administering authority using an adverse inference in selecting among the facts otherwise available.
 (3)No obligation to make certain estimates or address certain claimsIf the administering authority uses an adverse inference under subsection (b)(1)(A) in selecting among the facts otherwise available, the administering authority is not required, for purposes of subsection (c) or for any other purpose—
 (A)to estimate what the countervailable subsidy rate or dumping margin would have been if the interested party found to have failed to cooperate under subsection (b)(1) had cooperated, or
 (B)to demonstrate that the countervailable subsidy rate or dumping margin used by the administering authority reflects an alleged commercial reality of the interested party..
			3.Definition of material injury
 (a)Effect of profitability of domestic industriesSection 771(7) of the Tariff Act of 1930 (19 U.S.C. 1677(7)) is amended by adding at the end the following:

 (J)Effect of profitabilityThe Commission shall not determine that there is no material injury or threat of material injury to an industry in the United States merely because that industry is profitable or because the performance of that industry has recently improved..
 (b)Evaluation of impact on domestic industry in determination of material injurySubclause (I) of section 771(7)(C)(iii) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iii)) is amended to read as follows:

 (I)actual and potential decline in output, sales, market share, gross profits, operating profits, net profits, ability to service debt, productivity, return on investments, return on assets, and utilization of capacity,.
 (c)Captive productionSection 771(7)(C)(iv) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iv)) is amended— (1)in subclause (I), by striking the comma and inserting , and;
 (2)in subclause (II), by striking , and and inserting a comma; and (3)by striking subclause (III).
				4.Particular market situation
 (a)Definition of ordinary course of tradeSection 771(15) of the Tariff Act of 1930 (19 U.S.C. 1677(15)) is amended by adding at the end the following:

 (C)Situations in which the administering authority determines that the particular market situation prevents a proper comparison with the export price or constructed export price..
 (b)Definition of normal valueSection 773(a)(1)(B)(ii)(III) of the Tariff Act of 1930 (19 U.S.C. 1677b(a)(1)(B)(ii)(III)) is amended by striking in such other country..
 (c)Definition of constructed valueSection 773(e) of the Tariff Act of 1930 (19 U.S.C. 1677b(e)) is amended— (1)in paragraph (1), by striking business and inserting trade; and
 (2)by striking the flush text at the end and inserting the following:  For purposes of paragraph (1), if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology. For purposes of paragraph (1), the cost of materials shall be determined without regard to any internal tax in the exporting country imposed on such materials or their disposition that is remitted or refunded upon exportation of the subject merchandise produced from such materials.. 5.Distortion of prices or costs (a)Investigation of below-Cost salesSection 773(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1677b(b)(2)) is amended by striking subparagraph (A) and inserting the following:

					(A)Reasonable grounds to believe or suspect
 (i)ReviewIn a review conducted under section 751 involving a specific exporter, there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that are less than the cost of production of the product if the administering authority disregarded some or all of the exporter’s sales pursuant to paragraph (1) in the investigation or, if a review has been completed, in the most recently completed review.
 (ii)Requests for informationIn an investigation initiated under section 732 or a review conducted under section 751, the administering authority shall request information necessary to calculate the constructed value and cost of production under subsections (e) and (f) to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the cost of production of the product..
 (b)Prices and costs in nonmarket economiesSection 773(c) of the Tariff Act of 1930 (19 U.S.C. 1677b(c)) is amended by adding at the end the following:

 (5)Discretion to disregard certain price or cost valuesIn valuing the factors of production under paragraph (1) for the subject merchandise, the administering authority may disregard price or cost values without further investigation if the administering authority has determined that broadly available export subsidies existed or particular instances of subsidization occurred with respect to those price or cost values or if those price or cost values were subject to an antidumping order..
 6.Reduction in burden on Department of Commerce by reducing the number of voluntary respondentsSection 782(a) of the Tariff Act of 1930 (19 U.S.C. 1677m(a)) is amended— (1)in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, 2 ems to the right;
 (2)by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right;
 (3)by striking Investigations and Reviews.—In and inserting the following: “Investigations and Reviews.—  (1)In generalIn;
 (4)in paragraph (1), as designated by paragraph (3), by amending subparagraph (B), as redesignated by paragraph (2), to read as follows:

 (B)the number of exporters or producers subject to the investigation or review is not so large that any additional individual examination of such exporters or producers would be unduly burdensome to the administering authority and inhibit the timely completion of the investigation or review.; and
 (5)by adding at the end the following:  (2)Determination of unduly burdensomeIn determining if an individual examination under paragraph (1)(B) would be unduly burdensome, the administering authority may consider the following:
 (A)The complexity of the issues or information presented in the proceeding, including questionnaires and any responses thereto.
 (B)Any prior experience of the administering authority in the same or similar proceeding. (C)The total number of investigations under subtitle A or B and reviews under section 751 being conducted by the administering authority as of the date of the determination.
 (D)Such other factors relating to the timely completion of each such investigation and review as the administering authority considers appropriate..
 7.Application to Canada and MexicoPursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3438), the amendments made by this Act shall apply with respect to goods from Canada and Mexico.


116 HR 956 IH: Saving Children Act
U.S. House of Representatives
2019-02-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 956IN THE HOUSE OF REPRESENTATIVESFebruary 4, 2019Mrs. Lesko (for herself, Mr. Smith of New Jersey, Mr. Gaetz, Mr. Biggs, Mr. Mooney of West Virginia, Mr. Johnson of Louisiana, Mr. Weber of Texas, Mrs. Hartzler, Mr. Allen, Mr. Loudermilk, Mr. Grothman, Mr. Abraham, Mr. Norman, Mr. Spano, Mr. Lamborn, Mr. Gibbs, Mr. Chabot, and Mr. Joyce of Pennsylvania) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to prohibit dismemberment abortions, and for other purposes.
1.Short titleThis Act may be cited as the Saving Children Act. 2.Dismemberment abortion ban (a)In generalChapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following:

1532.Dismemberment abortion ban
(a)Dismemberment abortion prohibitedAny physician who, in or affecting interstate or foreign commerce, knowingly performs a dismemberment abortion and thereby kills an unborn child shall be fined under this title or imprisoned not more than 2 years, or both. This subsection does not apply to a dismemberment abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. (b)Rule of constructionNothing in this section shall be construed to limit abortions performed for any reason, including when the pregnancy is a result of rape or incest, if performed by a method other than dismemberment abortion.
(c)Civil remedies
(1)Civil action by a woman on whom an abortion is performedA woman upon whom an abortion has been performed in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. (2)Civil action by a parent of a minor on whom an abortion is performedA parent of a minor upon whom an abortion has been performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct.
(3)Appropriate reliefAppropriate relief in a civil action under this subsection includes— (A)objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation;
(B)statutory damages equal to three times the cost of the abortion; and (C)punitive damages.
(4)Attorneys fees for plaintiffThe court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. (5)Attorneys fees for defendantIf a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff.
(6)Awards against womanExcept under paragraph (5), in a civil action under this subsection, no damages, attorney’s fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted. (d)Immunity from prosecution for woman upon whom a dismemberment abortion is performedA woman upon whom a dismemberment abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section.
(e)DefinitionsIn this section— (1)AbortionThe term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device—
(A)to intentionally kill the unborn child of a woman known to be pregnant; or (B)to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—
(i)after viability to produce a live birth and preserve the life and health of the child born alive; or (ii)to remove a dead unborn child.
(2)Dismemberment abortionThe term dismemberment abortion— (A)means, with the purpose of causing the death of an unborn child, knowingly dismembering a living unborn child and extracting such unborn child one piece at a time or intact but crushed from the uterus through the use of clamps, grasping forceps, tongs, scissors or similar instruments that, through the convergence of two rigid levers, slice, crush or grasp a portion of the unborn child’s body in order to cut or rip it off or crush it; but
(B)does not include an abortion which uses suction to dismember the body of the unborn child by sucking fetal parts into a collection container unless the actions described in subparagraph (A) are used to cause the death of an unborn child but suction is subsequently used to extract fetal parts after the death of the unborn child. (3)MinorThe term minor means an individual who has not attained the age of 18 years.
(4)PhysicianThe term physician means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions: Provided, however, That any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs an abortion prohibited in this section shall be subject to the provisions of this section. (5)Unborn childThe term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1..
(b)Clerical amendmentThe table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by adding at the end the following new item:   1532. Dismemberment abortion ban.. (c)Chapter heading amendments (1)Chapter heading in chapterThe chapter heading for chapter 74 of title 18, United States Code, is amended by striking Partial-birth abortions and inserting Abortions.
(2)Table of chapters for part iThe item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking Partial-birth abortions and inserting Abortions.


117 HR 1129 IH: Our Money in China Transparency Act
U.S. House of Representatives
2021-02-18
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.

I117th CONGRESS1st SessionH. R. 1129IN THE HOUSE OF REPRESENTATIVESFebruary 18, 2021Mr. Green of Tennessee introduced the following bill; which was referred to the Committee on the Budget, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo require annual reporting on the availability of Federal funds to persons and entities of China and activities conducted in collaboration with China, and for other purposes.1.Short titleThis Act may be cited as the “Our Money in China Transparency Act”.2.Report on funding(a)General report on Federal fundingThe Director of the Office of Management and Budget shall include in the budget materials submitted in support of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each fiscal year beginning after the date of the enactment of this Act a report that specifies with respect to each account in the Treasury for which Federal funds are requested in such budget the information described in subsection (c).(b)Additional report on Federal fundingThe head of each Federal department or agency shall include in the budget materials submitted in support of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each fiscal year beginning after the date of the enactment of this Act a report that specifies the information described in subsection (c) with respect to each account—(1)from which funds are made available to carry out the programs, projects, or activities of such department or agency; and(2)that is not included in the corresponding report required under subsection (a).(c)Report requirementsThe information described in this subsection is the following with respect to an account: (1)Each amount made available from such account during the preceding fiscal year to any Chinese person or entity, disaggregated by each such person or entity.(2)Each amount made available from such account during the preceding fiscal year to any Federal program, project, or activity conducted in partnership with a Chinese person or entity, disaggregated by each such partner.(3)Each amount made available from such account during the preceding fiscal year to any Chinese person or entity that is owned or controlled by a United States entity, disaggregated by each such United States entity.(4)Each amount made available from such account during the preceding fiscal year to any Federal employee for the purpose of carrying out any program, project, or activity in China, disaggregated by each such program, project, or activity.(5)Each amount made available from such account during the preceding fiscal year to any joint, collaborative, or bilateral effort between the United States and China, disaggregated by each such effort.(d)Initial reportThe first report submitted after the date of the enactment of this Act under subsection (a) or subsection (b) shall include the information described in subsection (c) with respect to the 10 preceding fiscal years.(e)DefinitionsIn this Act—(1)Chinese person or entityThe term Chinese person or entity means—(A)the Government of China;(B)the Chinese Communist Party;(C)any satellite or other foreign campus of a United States institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that is located in China;(D)an individual who is a citizen or national of China and permanently resides in China; and(E)any other entity organized under the laws of China, or any jurisdiction within China, including—(i)any United States branch of such entity; and(ii)any branch of a United States entity that is located in China.(2)United States entityThe term United States entity means—(A)an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and(B)any other entity organized under the laws of the United States or any jurisdiction within the United States.


		II

		109th CONGRESS

		2d Session

		S. 2548

		IN THE SENATE OF THE UNITED

		  STATES

			April 5, 2006

			Mr. Stevens (for himself

			 and Mr. Lautenberg) introduced the

			 following bill; which was read twice and referred to the

			 Committee on Homeland Security and

			 Governmental Affairs

		A BILL

		To amend the Robert T. Stafford Disaster

		  Relief and Emergency Assistance Act to ensure that State and local emergency

		  preparedness operational plans address the needs of individuals with household

		  pets and service animals following a major disaster or

		  emergency.

		1.Short titleThis Act may be cited as the

			 Pets Evacuation and Transportation

			 Standards Act of 2006.

		2.Standards for State

			 and local emergency preparedness operational plansSection

			 613 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42

			 U.S.C. 5196b) is amended—

			(1)by redesignating subsection (g) as

			 subsection (h); and

			(2)by inserting after subsection (f) the

			 following:

					(g)Standards for

				State and local emergency preparedness operational plansIn approving standards for State and local

				emergency preparedness operational plans pursuant to subsection (b)(3), the

				Director shall ensure that such plans take into account the needs of

				individuals with household pets and service animals prior to, during, and

				following a major disaster or

				emergency.

					.

			3.Emergency preparedness

			 measures of the DirectorSection 611 of the Robert T. Stafford

			 Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196) is

			 amended—

			(1)in subsection (e)—

				(A)in paragraph (2), by striking

			 and at the end;

				(B)in paragraph (3), by striking the period

			 and inserting ; and; and

				(C)by adding at the end the following:

						(4)plans that take into account the needs of

				individuals with pets and service animals prior to, during, and following a

				major disaster or emergency.

						;

				and

				(2)in subsection (j)—

				(A)by redesignating paragraphs (2) through (8)

			 as paragraphs (3) through (9), respectively; and

				(B)by inserting after paragraph (1) the

			 following:

						(2)The Director may make financial

				contributions, on the basis of programs or projects approved by the Director,

				to the States and local authorities for animal emergency preparedness purposes,

				including the procurement, construction, leasing, or renovating of emergency

				shelter facilities and materials that will accommodate people with pets and

				service

				animals.

						.

				4.Providing essential

			 assistance to individuals with household pets and service animals following a

			 disasterSection 403(a)(3) of

			 the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

			 5170b(a)(3)) is amended—

			(1)in subparagraph (H), by striking

			 and at the end;

			(2)in subparagraph (I), by striking the period

			 and inserting ; and; and

			(3)by adding at the end the following:

					(J)provision of rescue, care, shelter, and

				essential needs—

						(i)to individuals with household pets and

				service animals; and

						(ii)to such pets and

				animals.

						.


113 HR 3202 : Essential Transportation Worker Identification Credential Assessment Act
U.S. House of Representatives
2014-07-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		113th CONGRESS2d Session
		H. R. 3202
		IN THE SENATE OF THE UNITED STATES
		July 29, 2014Received; read twice and referred to the Committee on Commerce, Science, and TransportationAN ACT
		To require the Secretary of Homeland Security to prepare a comprehensive security assessment of the
			 transportation security card program, and for other purposes.

		1.Short titleThis Act may be cited as the Essential Transportation Worker Identification Credential Assessment Act.
		2.Comprehensive security assessment of the transportation security card program
			(a)In generalNot later than one year after the date of enactment of this Act, the Secretary of Homeland Security
			 shall submit to the Committee on Homeland Security and the Committee on
			 Transportation and Infrastructure of the House of Representatives, the
			 Committee on Commerce, Science, and Transportation of the Senate, and the
			 Comptroller General of the United States a comprehensive assessment of the
			 effectiveness of the transportation security card program under section
			 70105 of title 46, United States Code, at enhancing security and reducing
			 security risks for facilities and vessels regulated pursuant to section
			 102 of Public Law 107–295. Such assessment shall be conducted by a
			 national laboratory that, to the extent practicable, is within the
			 Department of Homeland Security laboratory network with expertise in
			 maritime security or by a maritime security university-based center within
			 the Department of Homeland Security centers of excellence network.
			(b)ContentsThe comprehensive assessment shall include—
				(1)an evaluation of the extent to which the program, as implemented, addresses known or likely
			 security risks in the maritime environment;
				(2)an evaluation of the extent to which deficiencies identified by the Comptroller General have been
			 addressed; and
				(3)a cost-benefit analysis of the program, as implemented.
				(c)Corrective action plan; program reformsNot later than 60 days after the Secretary submits the assessment under subsection (a), the
			 Secretary shall submit a corrective action plan to the Committee on
			 Homeland Security and the Committee on Transportation and Infrastructure
			 of the House of Representatives and the Committee on Commerce, Science,
			 and Transportation of the Senate that responds to the assessment under
			 subsection (b). The corrective action plan shall include an implementation
			 plan with benchmarks, may include programmatic reforms, revisions to
			 regulations, or proposals for legislation, and shall be considered in any
			 rule making by the Department relating to the transportation security card
			 program.
			(d)Comptroller General reviewNot later than 120 days after the Secretary issues the corrective action plan under subsection (c),
			 the Comptroller General shall—
				(1)review the extent to which such plan implements—
					(A)recommendations issued by the national laboratory or maritime security university-based center, as
			 applicable, in the assessment submitted under subsection (a); and
					(B)recommendations issued by the Comptroller General before the enactment of this Act; and
					(2)inform the Committee on Homeland Security and the Committee on Transportation and Infrastructure of
			 the House of Representatives and the Committee on Commerce, Science, and
			 Transportation of the Senate as to the responsiveness of such plan to such
			 recommendations.
				(e)Transportation security card reader rule
				(1)In generalThe Secretary of Homeland Security may not issue a final rule requiring the use of transportation
			 security card readers until—
					(A)the Comptroller General informs the Committees on Homeland Security and the Committee on
			 Transportation and Infrastructure of the House of Representatives and
			 Commerce, Science and Transportation of the Senate that the submission
			 under subsection (a) is responsive to the recommendations of the
			 Comptroller General; and
					(B)the Secretary issues an updated list of transportation security card readers that are compatible
			 with active transportation security cards.
					(2)Limitation on applicationParagraph (1) shall not apply with respect to any final rule issued pursuant to the notice of
			 proposed rulemaking on Transportation Worker Identification Credential
			 (TWIC)-Reader Requirements published by the Coast Guard on March 22, 2013
			 (78 Fed. Reg. 17781)
				(f)Comptroller General oversightNot less than 18 months after the date of the issuance of the corrective action plan under
			 subsection (c), and every six months thereafter during the 3-year period
			 following the date of the issuance of the first report under this
			 subsection, the Comptroller General shall report to the Committee on
			 Homeland Security and the Committee on Transportation and Infrastructure
			 of the House of Representatives and the Committee on Commerce, Science,
			 and Transportation of the Senate regarding implementation of the
			 corrective action plan.
			3.No additional funds authorizedNo additional funds are authorized to be appropriated to carry out this Act and the amendments made
			 by this Act, and this Act and such amendments shall be carried out using
			 amounts otherwise available for such purpose.

	Passed the House of Representatives July 28, 2014.Karen L. Haas,Clerk


		III
		110th CONGRESS
		2d Session
		S. RES. 684
		IN THE SENATE OF THE UNITED STATES

			September 24
			 (legislative day, September 17), 2008
			Mr. Durbin (for himself,
			 Ms. Snowe, Mr.
			 Kerry, Mr. Feingold,
			 Mr. Lugar, Mr.
			 Brownback, Mr. Schumer,
			 Mr. Menendez, Mr. Specter, Mr.
			 Biden, Mr. Obama,
			 Mr. Dodd, Mr.
			 Leahy, Mr. Levin,
			 Mr. Whitehouse, Mrs. Murray, Mr.
			 Isakson, Mr. Chambliss,
			 Mr. Sununu, Mr.
			 Sanders, Mrs. Clinton,
			 Mr. Roberts, Mrs. Dole, Mr.
			 Bingaman, Mrs. Boxer,
			 Mr. Wyden, Mr.
			 Lautenberg, Mrs. Feinstein,
			 Mr. Coleman, and
			 Mr. Voinovich) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Calling for a comprehensive strategy to
		  address the crisis in Darfur, Sudan.

		Whereas more than 300,000 people have died and
			 approximately 2,500,000 have been displaced in Darfur since 2003, according to
			 estimates by the United Nations;
		Whereas Congress unanimously declared on July 22, 2004,
			 that the atrocities in Darfur were genocide;
		Whereas, on September 9, 2004, Secretary of State Colin
			 Powell and on June 1, 2005, President George W. Bush described the crisis in
			 Darfur as genocide;
		Whereas the United States has led the world in financial
			 contributions to humanitarian aid and peacekeeping operations in Darfur;
		Whereas, on July 31, 2007, the United Nations Security
			 Council voted to deploy an historic United Nations-African Union (UNAMID)
			 peacekeeping force to stem the violence in Darfur and create conditions for
			 peace talks;
		Whereas only approximately 10,000 of the authorized force
			 of 26,000 peacekeepers and police have deployed to Darfur, delayed by Sudanese
			 obstruction as well as by a failure of the international community to commit
			 sufficient resources and to overcome logistical obstacles; and
		Whereas more than four years have passed since Congress
			 declared the conflict in Darfur to be genocide and conditions on the ground in
			 Darfur continue to worsen: Now, therefore, be it

		That the Senate—
			(1)urges the
			 President, the United Nations Secretary-General, the African Union, and other
			 key members of the international community to pursue a comprehensive solution
			 to the Darfur crisis by—
				(A)supporting
			 efforts to launch a just and inclusive peace process;
				(B)ensuring the full
			 and effective deployment of the UNAMID mission;
				(C)ensuring the free
			 and unfettered flow of humanitarian aid;
				(D)promoting
			 economic and political development programs;
				(E)supporting full
			 implementation of the Comprehensive Peace Agreement of 2005; and
				(F)promoting justice
			 and accountability;
				(2)condemns the
			 Government of Sudan for its continued obstruction of the deployment of United
			 Nations-African Union peacekeepers and equipment;
			(3)condemns the
			 ongoing acts of violence in and obstruction of aid to Darfur committed by all
			 parties; and
			(4)calls upon the
			 Government of Sudan and armed parties in the region to declare and respect an
			 immediate cessation of hostilities, abide by the United Nations embargo on the
			 importation of arms, cease predation and attacks upon humanitarian
			 organizations, and participate in international efforts to negotiate a lasting
			 political settlement for the region.


113 HR 1132 IH: Efficient Service for Veterans Act
U.S. House of Representatives
2013-03-13
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
		113th CONGRESS
		1st Session
		H. R. 1132
		IN THE HOUSE OF REPRESENTATIVES

			March 13, 2013
			Mr. Denham (for
			 himself and Mr. Roe of Tennessee)
			 introduced the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs, and in addition to the Committee on
			 Armed Services, 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 direct the Secretary of Veterans Affairs and the
		  Secretary of Defense to jointly ensure that the Vet Centers of the Department
		  of Veterans Affairs have access to the Defense Personnel Record Image Retrieval
		  system and the Veterans Affairs/Department of Defense Identity Repository
		  system.

		1.Short titleThis Act may be cited as the
			 Efficient Service for Veterans
			 Act.
		2.Vet Center access
			 to Defense Personnel Record Image Retrieval system and Veterans
			 Affairs/Department of Defense Identity Repository systemThe Secretary of Veterans Affairs and the
			 Secretary of Defense shall jointly ensure that each center established under
			 section 1712A of title 38, United States Code, has access to—
			(1)the Defense Personnel Record Image
			 Retrieval system; and
			(2)the Veterans Affairs/Department of Defense
			 Identity Repository system.


117 HR 885 IH: Small Business PPE Tax Credit Act
U.S. House of Representatives
2021-02-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
117th CONGRESS1st Session
H. R. 885
IN THE HOUSE OF REPRESENTATIVES

February 5, 2021
Mrs. Lawrence (for herself, Mr. Balderson, Mr. Quigley, and Mr. Joyce of Pennsylvania) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to provide tax credits for personal protective equipment to small businesses, non-profits, independent contractors, veterans’ organizations, and farmers, among other entities, in any year in which the President declares a national emergency relating to COVID–19.

1.Short titleThis Act may be cited as the Small Business PPE Tax Credit Act.  2.FindingsCongress finds the following:
(1)On January 21, 2020, the United States confirmed the Nation’s first case of the 2019 novel coronavirus, which presents as the disease COVID–19.  (2)On March 11, 2020, the World Health Organization upgraded the COVID–19 outbreak from global health emergency status to a pandemic.
(3)On March 15, 2020, the Centers for Disease Control and Prevention recommended a restriction on gatherings of 50 or more people in the United States.  (4)Beginning in mid-March, the administration issued new guidelines on the pandemic and called for nationwide social distancing, among other precautions, to slow the spread of COVID–19.
(5)On March 17, 2020, Dr. Anthony Fauci, in his capacity as Director of the National Institute of Allergy and Infectious Diseases, explained that social distancing is really physical separation of people, wherein circumstances where there are crowds, you remove yourself from very close contact. (6)Most Governors executed orders in States across the country to close or restrict operations of business across various industries on a temporary basis, in an effort to promote social distancing, stymie the rapid spread of the coronavirus, and flatten the curve so as not to overwhelm the Nation’s health care system’s capacity.
(7)Those closures or operating limitations have caused significant strain on America’s small businesses in the interest of public health.  (8)Small businesses are the engine of the United States economy, comprising 99 percent of all business ventures in the United States and accounting for half of the United States economy.
(9)In order to safely resume full operations, these small businesses need access to personal protective equipment; in some cases, States are requiring employers and employees use this personal protective equipment in order to allow public entry. (10)Due to the fiscal strain of pandemic-related losses on these small businesses, they cannot and should not bear the financial burden of acquiring personal protective equipment without relief.
(11)Providing relief through a tax credit for the purchase and use of personal protective equipment will directly support small businesses returning to and exceeding pre-COVID-19 pandemic production levels. (12)At a Small Business Committee forum on May 28, 2020, Mr. Charles “Tee” Rowe, President and Chief Executive Officer of America’s SBDC, testified to the potential value of such credits.
(13)Personal protective equipment tax credits will be instrumental in safely and responsibly restarting the engine of the United States economy. 3.Personal Protective Equipment Tax Credit (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:

45U.Personal Protective Equipment Credit
(a)Allowance of creditFor purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to the amount paid by an eligible taxpayer in carrying on any trade or business for qualified personal protective equipment expenses during such year. (b)Maximum creditThe credit determined under this section with respect to any eligible taxpayer for any taxable year shall not exceed $25,000.
(c)Definition and special rulesFor purposes of this section— (1)Eligible taxpayer (A)In generalThe term eligible taxpayer means—
(i)a small business concern,  (ii)any business concern (including an enterprise that is engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries), or Tribal business concern that employs not more than the greater of—
(I)500 employees, or (II)if applicable, the size standard in number of employees established by the Small Business Administration for the industry in which such business concern, veterans organization, or Tribal business concern operates, or
(iii)an individual who operates under a sole proprietorship, as an independent contractor, or as a self-employed individual. (B)Small business concernThe term small business concern has the meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632), and also includes—
(i)any business concern that employs not more than 500 employees per physical location of such business concern and that is assigned a North American Industry Classification System code beginning with 72, (ii)any business concern operating as a franchise that is assigned a franchise identifier code by the Small Business Administration, and
(iii)any business concern that receives financial assistance from a company licensed under section 301 of the Small Business Investment Act of 1958 (15 U.S.C. 681). (C)Documentation requirementsThe Secretary may establish such documentation requirements as are necessary to determine eligibility for a credit under this section.
(2)Qualified personal protective equipment expensesThe term qualified personal protective equipment expenses includes amounts paid or incurred— (A)for the purpose of reducing the risk of Coronavirus Disease 2019 (COVID–19) transmission between people on the premises of the business of the taxpayer, including—
(i)gloves, medical masks, N–95 respirators, eye protection, gowns and aprons, boots or closed-toe work shoes, cleaning detergents, hand sanitizers, cleaning products and tools, (ii)retrofitting or installation of equipment, and
(iii)any other relevant expense the Secretary, in consultation with the Secretary of Health and Human Services, determines necessary, and (B)at any time during a year in which, with respect to COVID–19—
(i)the President declares a national emergency under the National Emergencies Act (50 U.S.C. 1601 et seq.), or (ii)an emergency involving Federal primary responsibility is determined to exist by the President under the section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)).
(d)Denial of double benefitNo deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (e)Denial of credit for counterfeit itemsNo credit shall be allowed under this section with respect to any item if the Secretary determines such item to be counterfeit or sold or distributed in bad faith..
(b)Credit made part of general business creditSubsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus, and by adding at the end the following new paragraph:  (34)the personal protective equipment credit determined under section 45U..
(c)Clerical amendmentThe table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item:   Sec. 45U. Personal Protective Equipment Credit.. (d)Effective dateThe amendments made by this section shall apply to expenses made or incurred after December 31, 2020, in taxable years ending after such date.


		II
		111th
		1st Session
		S. 360
		IN THE SENATE OF THE UNITED STATES

			January 30, 2009
			Mrs. McCaskill
			 introduced the following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To limit compensation to officers and directors of
		  entities receiving emergency economic assistance from the
		  Government.

		1.Short
			 titleThis Act may be cited as
			 the Cap Executive Officer Pay Act of
			 2009.
		2.Limit on
			 executive compensation
			(a)In
			 generalNotwithstanding any other provision of law or agreement
			 to the contrary, no person who is an officer, director, executive, or other
			 employee of a financial institution or other entity that receives or has
			 received funds under the Troubled Asset Relief Program (or
			 TARP), established under section 101 of the Emergency Ecomonic
			 Stabilization Act of 2008, may receive annual compensation in excess of the
			 amount of compensation paid to the President of the United States.
			(b)DurationThe
			 limitation in subsection (a) shall be a condition of the receipt of assistance
			 under the TARP, and of any modification to such assistance that was received on
			 or before the date of enactment of this Act, and shall remain in effect with
			 respect to each financial institution or other entity that receives such
			 assistance or modification for the duration of the assistance or obligation
			 provided under the TARP.
			3.Rulemaking
			 authorityThe Secretary shall
			 expeditiously issue such rules as are necessary to carry out this Act,
			 including with respect to reimbursement of compensation amounts, as
			 appropriate.
		4.CompensationAs used in this Act, the term
			 compensation includes wages, salary, deferred compensation,
			 retirement contributions, options, bonuses, property, and any other form of
			 compensation or bonus that the Secretary of the Treasury determines is
			 appropriate.


		I
		111th CONGRESS
		1st Session
		H. R. 2149
		IN THE HOUSE OF REPRESENTATIVES

			April 28, 2009
			Mr. Kennedy (for
			 himself and Mr. Cantor) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To authorize the Secretary of Health and Human Services
		  to conduct activities to rapidly advance treatments for spinal muscular
		  atrophy, neuromuscular disease, and other pediatric diseases, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 SMA Treatment Acceleration Act of
			 2009
				.
		2.Clinical trials
			 network for spinal muscular atrophyPart B of title IV of the Public Health
			 Service Act is amended by adding at the end the following new section:

				409J.Clinical
				trials network for spinal muscular atrophy
					(a)Clinical trials
				networkThe Director of NIH,
				in coordination with the Directors of the National Institute of Neurological
				Disorders and Stroke, the National Institute of Child Health and Human
				Development, and such other Institutes and Centers as specified by the Director
				shall provide for the upgrading and unification of spinal muscular atrophy
				clinical trial sites and the recruitment of new investigators and sites to
				establish a national clinical trials network for spinal muscular atrophy. The
				Director of NIH shall ensure that such network—
						(1)conducts coordinated, multi-site, clinical
				trials of therapies and clinical approaches to the treatment of spinal muscular
				atrophy; and
						(2)rapidly and
				efficiently disseminates scientific findings to the field.
						(b)Data
				Coordinating CenterThe
				Director of NIH, in coordination with the Commissioner of Food and Drugs and
				the Directors of the National Institute of Neurological Disorders and Stroke,
				the National Institute of Child Health and Human Development, and such other
				Institutes and Centers as specified by the Director, shall establish a data
				coordinating center with respect to spinal muscular atrophy to—
						(1)provide expert
				assistance in the design, conduct, data analysis, data management, and data
				warehousing of collaborative clinical and descriptive research projects;
						(2)organize and
				conduct multi-site monitoring activities;
						(3)provide regular
				reports to the National Institute of Neurological Disorders and Stroke, the
				National Institute of Child Health and Human Development, such other Institutes
				and Centers as specified by the Director, and the Food and Drug Administration
				on enrollment and the allocation of resources; and
						(4)conduct such other
				activities as are deemed necessary by the Secretary.
						(c)Pre-clinical
				activitiesThe Director of
				NIH, in coordination with the Directors of the National Institute of
				Neurological Disorders and Stroke and the National Institute of Child Health
				and Human Development, shall expand and intensify programs of such Institutes
				with respect to pre-clinical translation research related to spinal muscular
				atrophy.
					.
		3.National patient
			 registryPart P of title III
			 of the Public Health Service Act is amended by adding at the end the following
			 new section:

				399S.National
				spinal muscular atrophy patient registry
					(a)In
				generalThe Secretary, acting
				through the Director of the Centers for Disease Control and Prevention and in
				coordination with the Director of the NIH, shall enhance and provide ongoing
				support to an existing or new spinal muscular atrophy patient registry to
				provide for expanded epidemiological research towards improving awareness,
				management, treatment, and prevention of spinal muscular atrophy.
					(b)Longitudinal
				DataIn carrying out
				subsection (a), the Secretary shall ensure the collection and analysis of
				longitudinal data related to individuals of all ages with spinal muscular
				atrophy, including infants, young children, adolescents, and adults of all
				ages.
					.
		4.Interagency
			 spinal muscular atrophy research coordinating committeePart B of title IV of the Public Health
			 Service Act, as amended by section 2, is further amended by adding at the end
			 the following new section:

				409K.Interagency
				spinal muscular atrophy research coordinating committee
					(a)EstablishmentNot
				later than 6 months after the date of the enactment of this section, the
				Secretary shall establish a committee, to be known as the Interagency Spinal
				Muscular Atrophy Research Coordinating Committee (in this section referred to
				as the Committee).
					(b)DutiesThe
				Committee shall—
						(1)share and
				coordinate information on existing research activities, and make
				recommendations to the National Institutes of Health and other Federal agencies
				regarding how to improve existing research programs, that are related to spinal
				muscular atrophy research and other related neurological diseases and
				disorders;
						(2)develop a
				comprehensive strategy related to spinal muscular atrophy research and other
				related neurological diseases and disorders and advise the National Institutes
				of Health and other Federal agencies, expanding proposals for collaborative,
				multidisciplinary research, including proposals for Common Fund research
				described in section 402(b)(7) and other proposals that involve collaboration
				between 2 or more national research institutes or national centers;
						(3)provide annual reports to the Secretary
				regarding the National Institutes of Health and other Federal agencies’
				collaborative multidisciplinary research efforts to support spinal muscular
				atrophy, including the Spinal Muscular Atrophy Project at the National
				Institute of Neurological Disorders and Stroke, the ongoing and future research
				needs to advance therapies for spinal muscular atrophy, and recommendations on
				how to strengthen the collaboration of research activities by the institutes
				and agencies to improve the results;
						(4)develop a summary
				of advances in research related to spinal muscular atrophy research and other
				related neurological diseases and disorders research supported or conducted by
				Federal agencies; and
						(5)not later than 1
				year after the date of the establishment of the Committee, make recommendations
				to the Secretary—
							(A)regarding any
				appropriate changes to research activities, including recommendations to
				improve the research portfolio of the National Institutes of Health to ensure
				that scientifically based strategic planning is implemented in support of
				research priorities that impact research activities related to spinal muscular
				atrophy and other related neurological diseases and disorders;
							(B)identifying
				barriers to the development of new treatments and cures for spinal muscular
				atrophy and other related neurological diseases and disorders;
							(C)regarding public
				participation in decisions relating to spinal muscular atrophy research and
				other related neurological diseases and disorders to increase the involvement
				of patient advocacy and community organizations representing a broad
				geographical area;
							(D)on how best to
				disseminate information on spinal muscular atrophy progress; and
							(E)on how to expand
				partnerships between public entities, including Federal agencies, and private
				entities to expand collaborative, cross-cutting research.
							(c)Rule of
				constructionIn carrying out the duties described in subsection
				(b) with respect to research on spinal muscular atrophy, nothing in this
				section shall be construed to restrict the Secretary from including other
				neurological or genetic disorders, as appropriate, in such research if doing so
				may advance research in spinal muscular atrophy or other related neurological
				diseases and disorders.
					(d)Membership
						(1)In
				generalThe Committee shall be composed of the following voting
				members:
							(A)Not more than 11
				voting Federal representatives as follows:
								(i)The Director of
				the Centers for Disease Control and Prevention.
								(ii)The Director of
				the National Institutes of Health and the directors of such national research
				institutes and national centers (which shall include the National Institute of
				Neurological Disorders and Stroke, the National Institute of Child Health and
				Human Development, and the National Center for Research Resources) as the
				Secretary determines appropriate.
								(iii)The Commissioner
				of Food and Drugs.
								(iv)The heads of such
				other agencies and advisory committees as the Secretary determines appropriate,
				including the Health Resources and Services Administration, the Agency for
				Healthcare Research and Quality, and the Advisory Committee on Heritable
				Disorders and Genetic Diseases in Newborns and Children.
								(v)Representatives of
				other Federal agencies that conduct or support neurological research, or
				provide support services and resources for individuals with Spinal Muscular
				Atrophy, such as the Department of Education and the Social Security
				Administration.
								(B)9 additional
				voting members appointed under paragraph (2).
							(2)Additional
				membersThe Committee shall include additional voting members
				appointed by the Secretary as follows:
							(A)6 members shall be
				appointed from among scientists, physicians, and other health professionals,
				who—
								(i)are not officers
				or employees of the United States;
								(ii)represent
				multiple disciplines, including clinical, basic, and public health
				sciences;
								(iii)represent
				different geographical regions of the United States;
								(iv)are from practice
				settings, academia, or other research settings; and
								(v)are experienced in
				scientific peer review process.
								(B)3 members shall be
				appointed from members of the general public, who represent individuals with
				spinal muscular atrophy.
							(3)Nonvoting
				membersThe Committee shall include such nonvoting members as the
				Secretary determines to be appropriate.
						(e)ChairpersonThe
				voting members of the Committee shall select a chairperson from among the
				Federal members of the Committee described in subsection (d)(1)(A). The
				selection of a chairperson may be subject to the approval of the
				Secretary.
					(f)MeetingsThe
				Committee shall meet at the call of the chairperson of the Committee or upon
				the request of the Secretary, but in no case less often than once each
				year.
					(g)ReviewIn
				2012, and biennially thereafter, the Secretary shall review the necessity of
				the
				Committee.
					.
		5.Education and
			 awareness on SMA for health care professionalsPart P of title III of the Public Health
			 Service Act, as amended by section 3, is further amended by adding at the end
			 the following new section:

				399T.Information
				and education on SMAThe
				Secretary shall establish and implement a program to provide information and
				education on spinal muscular atrophy to health professionals and the general
				public, including information and education on advances in the screening,
				diagnosis, and treatment of spinal muscular atrophy and training and continuing
				education through programs for scientists, physicians, medical students, and
				other health professionals who provide care for patients with spinal muscular
				atrophy.
				.


115 SRES 261 ATS: Recognizing the month of September 2017 as “Alaska Wild Salmon Month”.
U.S. Senate
2017-09-18
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.

		III
		115th CONGRESS
		1st Session
		S. RES. 261
		IN THE SENATE OF THE UNITED STATES

			September 18, 2017
			Ms. Murkowski submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Recognizing the month of September 2017 as Alaska Wild Salmon Month.

 Whereas the sustainable Alaska wild salmon commercial fishery contributes over 38,000 jobs and nearly $2,000,000,000 in annual labor income to the United States economy;
 Whereas the commercial Alaska wild salmon harvest comprises approximately 50 percent of the wild salmon caught worldwide;
 Whereas the sport fishing industry of the State of Alaska generates $500,000,000 in economic output and creates 4,500 jobs annually;
 Whereas wild salmon returning to Alaskan streams and rearing young in Alaskan water are the basis for one of the most valuable and important industries of the State of Alaska;
 Whereas commercial and sport salmon fishing and processing provides the greatest number of private-sector employment opportunities in the State of Alaska;
 Whereas many Alaskans depend heavily on subsistence-caught wild salmon for food and cultural purposes;
 Whereas Alaska Natives have relied on Alaska wild salmon for thousands of years, and Alaska wild salmon continues to comprise up to 70 percent of the subsistence harvest of many Alaska Native communities; and
 Whereas, in September 2017, Alaska Wild Salmon Month celebrates and raises awareness nationwide regarding the contributions of Alaska wild salmon to the health and economy of the United States: Now, therefore, be it

 That the Senate— (1)recognizes September 2017 as Alaska Wild Salmon Month; and
 (2)encourages individuals, corporations, and other relevant organizations to celebrate the sustainable Alaska wild salmon industry and the health and social benefits Alaska wild salmon provide to the United States.


115 S479 IS: Removing Barriers to Colorectal Cancer Screening Act of 2017
U.S. Senate
2017-03-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 479IN THE SENATE OF THE UNITED STATESMarch 1, 2017Mr. Brown (for himself, Mr. Wicker, Mr. Cardin, and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to waive coinsurance under Medicare for colorectal
			 cancer screening tests, regardless of whether therapeutic intervention is
			 required during the screening.

 1.Short titleThis Act may be cited as the Removing Barriers to Colorectal Cancer Screening Act of 2017. 2.FindingsCongress finds the following:
 (1)Colorectal cancer is the second leading cause of cancer death among men and women combined in the United States.
 (2)In 2017, more than 135,000 Americans will be diagnosed with colorectal cancer and approximately 50,000 Americans will die from it.
 (3)Approximately 60 percent of colorectal cancer cases and 70 percent of deaths occur in those aged 65 and older.
 (4)Colorectal cancer screening colonoscopy allows for the detection and removal of polyps, or abnormal growths, that could become cancerous, as well as for the early detection of colorectal cancer when treatment can be most effective.
 (5)Although colorectal cancer is largely preventable, one in three adults between the ages of 50 and 75 are not up to date with recommended colorectal cancer screening.
 (6)Over 1,000 organizations have committed to eliminating colorectal cancer as a major public health problem and are working toward the shared goal of reaching 80 percent screened for colorectal cancer by 2018.
 (7)Colorectal cancer screening colonoscopy is a highly effective preventive service, and removing financial barriers can help to increase screening rates.
			3.Waiving medicare coinsurance for colorectal cancer screening tests
 (a)In generalSection 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting , including a colorectal cancer screening test (regardless of the code that is billed for the establishment of a diagnosis as a result of the test, or for the removal of tissue or other procedure that is furnished in connection with, as a result of, and in the same clinical encounter as the screening test), after section 1861(ddd)(3).
 (b)Effective dateThe amendment made by this section shall apply to items and services furnished after the date of the enactment of this Act.


		IV
		112th CONGRESS
		2d Session
		H. RES. 630
		IN THE HOUSE OF REPRESENTATIVES

			April 24, 2012
			Mr. Gosar submitted
			 the following resolution; which was referred to the
			 Committee on Foreign
			 Affairs

		RESOLUTION
		Expressing support for Israel and its right
		  to self-defense against the illegal nuclear program by the Islamic Republic of
		  Iran.

		Whereas all countries have the inviolate right to
			 self-defense and self-preservation as a moral imperative, recognized in
			 customary international law and Article 51 of the United Nations Charter and
			 United Nations Security Council Resolution 1368, both of which hold the right
			 to self-defense to be the inherent right of sovereign states, including the
			 right to take all necessary steps, to combat terrorism and other
			 forms of unconventional warfare;
		Whereas under customary international law, as well as
			 Article 2, paragraph 4 of the United Nations Charter, all members of the United
			 Nations shall refrain in their international relations from the threat
			 or use of force against the territorial integrity or political independence of
			 any state, and the purpose of the United Nations is to take collective
			 measures for the preservation of international peace;
		Whereas the actions of the Islamic Republic of Iran
			 threaten many actors in the Middle East, including Israel, Saudi Arabia, Iraq,
			 and many others, leading to the serious threat of massive nuclear proliferation
			 in the region, in violation of the Treaty on the Non-Proliferation of Nuclear
			 Weapons;
		Whereas Iran is a rogue regime that has threatened to
			 Wipe (Israel) off the map, in violation of Article 2, paragraph
			 4 of the United Nations Charter;
		Whereas Iran seeks to unlawfully obtain or create weapons
			 of mass destruction in violation of its agreement with the United Nations
			 Agency for the Application of Safeguards in Connection with the Treaty on the
			 Non-Proliferation of Nuclear Weapons;
		Whereas the International Atomic Energy Agency (IAEA)
			 issued a report exposing Iran’s nuclear intentions and in November 2011
			 concluded that contrary to the relevant resolutions of the Board of
			 Governors and the Security Council, Iran has not suspended its [nuclear]
			 enrichment related activities and continues to proceed with a nuclear
			 weapons proliferation program, and the IAEA Board of Governors have issued 10
			 resolutions condemning Iran’s nuclear program;
		Whereas Iran has ignored and has been indifferent to the
			 terms of the resolutions pertaining to the proliferation of weapons of mass
			 destruction and sanctions have done little to deter its progress;
		Whereas Iran has actively engaged in ongoing armed
			 hostilities against Israel for decades by supporting terrorism against Israel
			 through military proxies, including the terrorist organizations Hamas and
			 Hezbollah, each of which have attacked Israeli civilians as well as military
			 personnel, and by attacking Israeli embassies and diplomatic personnel in
			 Argentina, Georgia, India, and Thailand;
		Whereas the mere act of aggressively seeking the illicit
			 acquisition of weapons of mass destruction creates an existential threat to
			 Israel, particularly in light of Iran’s illegal threats and armed hostilities
			 against Israel, as well as a grave threat to peace and stability of the region
			 in violation of Article 1, paragraph 1 of the United Nations Charter;
		Whereas existential threats against Israel have been
			 planned, expressed, or executed since the founding of the State of Israel in
			 1948 and have continued relentlessly thus causing Israel to defend itself
			 vigilantly;
		Whereas in the Six-Day War, Israel was forced to engage in
			 successful military action against Egypt under similar circumstances on June 5,
			 1967;
		Whereas the United States Department of State concluded
			 that the Six-Day War is the most cited example of the right to
			 take such actions for self-defense in response to a grave and obvious
			 threat;
		Whereas Israel took similar action in the 1981 attack on
			 Iraq’s nuclear facility at Osirak, which averted an unquestionably hostile and
			 violent regime from acquiring nuclear weapons, and also in 2007 when Israel
			 attacked Syria’s Al-Kibar nuclear facility, an ally of Iran who has been
			 engaged in the murder of Israeli citizens and military personnel, with the aid
			 of Iran;
		Whereas the United States supports the original mission of
			 the United Nations Charter to maintain international peace and security;
		Whereas the United States has recognized, since 2002
			 through the National Security Strategy, that the United States must
			 adapt the concept of imminent threat to the capabilities and objectives of
			 today’s adversaries;
		Whereas Iran has been involved in the kidnapping of United
			 States citizens and diplomatic personnel, in direct violation of international
			 law, in 1979–1980 and assisting terrorists in kidnapping Americans in Lebanon
			 throughout the 1980’s;
		Whereas Iran has been involved in the systematic murder of
			 United States soldiers in Iraq and Afghanistan for years, continuing today,
			 through support of terrorist organizations allied with Iran, including giving
			 armor-piercing technology to terrorists; and
		Whereas the United States has continuously supported its
			 ally Israel, and supported Israel’s right to defend itself, and has taken
			 similar actions itself as necessary self-defense measures as far back as the
			 1962 Cuban Missile Crisis: Now, therefore, be it

		That the House of Representatives fully
			 supports Israel’s lawful exercise of self-defense up to and including action to
			 stop Iranian aggression, including a strike against Iran’s illegal nuclear
			 program.


117 HR 2692 IH: Ban Corporate PACs Act
U.S. House of Representatives
2021-04-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 2692IN THE HOUSE OF REPRESENTATIVESApril 20, 2021Mr. Harder of California (for himself and Mr. Golden) introduced the following bill; which was referred to the Committee on House AdministrationA BILLTo amend the Federal Election Campaign Act of 1971 to limit the authority of corporations to establish and operate separate segregated funds utilized for political purposes, including the establishment or operation of a political committee, to nonprofit corporations, and for other purposes.1.Short titleThis Act may be cited as the Ban Corporate PACs Act.2.Limiting authority of corporations to establish or operate separate segregated funds for political purposes to nonprofit corporations(a)Limitation(1)In generalSection 316(b)(2)(C) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118(b)(2)(C)) is amended by striking a corporation and inserting a nonprofit corporation.(2)DefinitionSection 316(b) of such Act (52 U.S.C. 30118(b)) is amended by adding at the end the following new paragraph:(8)For purposes of this section, the term nonprofit corporation means a corporation described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, other than a corporation which is ineligible to be exempt from taxation under section 501(a) of such Code if it establishes a separate segregated fund under this subsection..(b)Permitting solicitation of contributions only from executive and administrative personnelSection 316(b) of such Act (52 U.S.C. 30118(b)) is amended—(1)in paragraph (4)(A)(i), by striking its stockholders and their families and;(2)in paragraph (4)(B)—(A)by striking a corporation the first place it appears and inserting a nonprofit corporation;(B)by striking any stockholder, executive or administrative personnel, and inserting any executive or administrative personnel; and(C)by striking stockholders, executive or administrative personnel, and inserting executive or administrative personnel;(3)in paragraph (4)(D)—(A)by striking stockholders and;(B)by striking such stockholders or personnel and inserting such personnel; and(C)by striking such stockholders and personnel and inserting such personnel; and(4)in paragraph (5), by striking stockholders and.(c)Treatment of government contractorsSection 317(b) of such Act (52 U.S.C. 30119(b)) is amended—(1)by striking any corporation and inserting any nonprofit corporation; and(2)by striking a corporation and inserting a nonprofit corporation.3.Effective date; transition for existing funds and committees(a)Effective dateThe amendments made by this Act shall take effect on the date of the enactment of this Act.(b)Transition for existing funds and committeesIn the case of a separate segregate fund established and operating under section 316(b)(2)(C) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118(b)(2)(C)) as of the date of the enactment of this Act which is not a fund of a nonprofit corporation as defined in section 316(b)(8) of such Act (as added by section 2(a)(2)), the fund shall terminate and disburse its entire balance not later than 1 year after the date of the enactment of this Act.


		I
		112th CONGRESS
		2d Session
		H. R. 6618
		IN THE HOUSE OF REPRESENTATIVES

			November 29, 2012
			Mr. Smith of
			 Washington (for himself and Mr.
			 Reichert) introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To further the mission of the Global Justice Information
		  Sharing Initiative Advisory Committee by continuing its development of policy
		  recommendations and technical solutions on information sharing and
		  interoperability, and enhancing its pursuit of benefits and cost savings for
		  local, State, tribal, and Federal justice agencies.

		1.Short titleThis Act may be cited as the
			 Department of Justice Global Advisory
			 Committee Authorization Act of 2012.
		2.Global Justice
			 Information Sharing Initiative Advisory Committee
			(a)DefinitionIn
			 this Act, the term Committee means the Global Justice Information
			 Sharing Initiative (Global) Advisory Committee established by the Attorney
			 General.
			(b)AuthorizationNotwithstanding
			 section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), the
			 Committee shall not terminate unless terminated by an Act of Congress. The
			 Attorney General is authorized to provide technical and financial assistance
			 and support services to the Committee to carry out the activities of the
			 Committee, including the activities described in subsection (c).
			(c)ActivitiesIn
			 addition to any activities assigned to the Committee by the Attorney General,
			 the Committee shall—
				(1)gather views from
			 agencies of local, State, and tribal governments and the Federal Government and
			 other entities that work to support public safety and justice;
				(2)recommend to the
			 Attorney General measures to improve the administration of justice and protect
			 the public by promoting practices and technologies for database
			 interoperability and the secure sharing of justice and public safety
			 information between local, State, and tribal governments and the Federal
			 Government; and
				(3)submit to Congress
			 an annual report regarding issues considered by the Committee and
			 recommendations made to the Attorney General by the Committee.
				(d)Sense of
			 CongressIt is the sense of Congress that local, State, and
			 tribal governments and other relevant entities should use the recommendations
			 developed and disseminated by the Committee in accordance with this Act to
			 evaluate, improve, and develop effective strategies and technologies to improve
			 public safety and information sharing.
			(e)Information from
			 DOJ funding applicants
				(1)In
			 generalBeginning on the date
			 that is one year from the date of enactment of this Act, the Attorney General
			 shall require that any applicant for a funding solicitation from the Department
			 of Justice for the implementation of an information sharing solution shall
			 include within the application for such funding—
					(A)how the
			 information sharing solution would comply with applicable standards endorsed by
			 the Committee; or
					(B)in the case that
			 such information sharing solution would not comply with such standards, the
			 reason for such non-compliance.
					(2)Information not
			 to affect award decisionsInformation provided by an applicant
			 pursuant to paragraph (1) shall not affect any decision for making an award to
			 such applicant for the implementation of an information sharing solution unless
			 the agency making such award specifically requires use of applicable endorsed
			 standards or specifications as a condition for accepting such award.
				(3)RegulationsThe
			 Attorney General is authorized to issue such regulations as may be necessary to
			 carry out the provisions of this subsection.
				3.Report of the
			 attorney general on information sharing between corrections agencies, law
			 enforcement agencies, and the interstate commission for adult offender
			 supervision
			(a)ReviewThe
			 Attorney General, based on input from local, State, and tribal governments
			 through the Committee and other components of the Department of Justice, shall
			 review the state of information sharing between corrections and law enforcement
			 agencies of local, State, and tribal governments and of the Federal
			 Government.
			(b)ContentsThe
			 review by the Attorney General under subsection (a) shall—
				(1)identify policy
			 and technical barriers to effective information sharing;
				(2)identify best
			 practices for effective information sharing; and
				(3)assess ways for
			 information sharing to improve the awareness and safety of law enforcement and
			 corrections officials, including information sharing by the Interstate
			 Commission for Adult Offenders Supervision.
				(c)ReportNot
			 later than 1 year after the date of enactment of this Act, the Attorney General
			 shall submit to Congress a report regarding the review under this section,
			 including a discussion of the recommendations of the Committee and the efforts
			 of the Department of Justice to address the recommendations.


117 HR 2922 : Elder Abuse Protection Act of 2021
U.S. House of Representatives
2021-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IIB117th CONGRESS1st SessionH. R. 2922IN THE SENATE OF THE UNITED STATESJune 24, 2021Received; read twice and referred to the Committee on the JudiciaryAN ACTTo amend the Elder Abuse Prevention and Prosecution Act to authorize the Elder Justice Initiative, to require that online resources of such initiative are made available in Spanish, and for other purposes.1.Short titleThis Act may be cited as the Elder Abuse Protection Act of 2021.2.Elder justice initiativeSection 101(b) of the Elder Abuse Prevention and Prosecution Act (34 U.S.C. 21711(b)) is amended to read as follows: (b)Elder justice initiative(1)Permanent initiativeThe Attorney General shall establish an Elder Justice Initiative to coordinate criminal enforcement and public engagement efforts to combat elder abuse, neglect, and financial fraud and scams that target elders, and to support and coordinate the efforts of the Elder Justice Coordinator designated under subsection (a).(2)Department of Justice Elder Justice CoordinatorThe Attorney General shall designate an Elder Justice Coordinator within the Department of Justice who, in addition to any other responsibilities, shall be responsible for—(A)coordinating and supporting the law enforcement efforts and policy activities as the head of the Elder Justice Initiative for the Department of Justice on elder justice issues; (B)evaluating training models to determine best practices and creating or compiling and making publicly available replication guides and training materials for law enforcement officers, prosecutors, judges, emergency responders, individuals working in victim services, adult protective services, social services, and public safety, medical personnel, mental health personnel, financial services personnel, and any other individuals whose work may bring them in contact with elder abuse regarding how to—(i)conduct investigations in elder abuse cases; (ii)address evidentiary issues and other legal issues; and (iii)appropriately assess, respond to, and interact with victims and witnesses in elder abuse cases, including in administrative, civil, and criminal judicial proceedings; and (C)carrying out such other duties as the Attorney General determines necessary in connection with enhancing the understanding, prevention, and detection of, and response to, elder abuse.(3)Online public resourcesThe Elder Justice Initiative shall maintain and publish on the internet, information aimed at protecting elders from fraudulent schemes and contain resources aimed at preventing elder abuse.(4)Telephone hotlineThe Attorney General, in consultation with the Elder Justice Coordinator and the Office of Victims of Crime, shall establish a national elder fraud telephone hotline to provide support to victims and resources to help victims, including referrals to federal, local and state law enforcement where appropriate.(5)Tribal consultationThe Elder Justice Coordinator shall provide recommendations to the Office of Tribal Justice on a yearly basis on how to address elder abuse and elder fraud that takes place on federally recognized tribal reservations.(6)Legal aidThe Elder Justice Coordinator shall consult with components of the Department of Justice to promote the provision of civil legal aid to victims of elder abuse and elder fraud.(7)Spanish language resourcesThe Attorney General shall ensure that Elder Justice Initiative online resources are available in Spanish and link linguistically appropriate resources to inform Spanish-speaking elders of Federal and State resources to combat fraud and abuse that targets the elderly, to include—(A)Spanish-language resources and links that help report instances of elder fraud and abuse to State and local law enforcement; and(B)resources that help prevent financial exploitation of elders..Passed the House of Representatives June 23, 2021.Cheryl L. Johnson,Clerk


		I
		112th CONGRESS
		2d Session
		H. R. 4978
		IN THE HOUSE OF REPRESENTATIVES

			April 27, 2012
			Mr. Baca introduced
			 the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To amend title 38, United States Code, to remove the
		  maximum payment amount for certain qualified losses under the Traumatic Injury
		  Protection under the Servicemembers’ Group Life Insurance
		  program.

		1.Removal of maximum payment
			 amounts for certain qualified losses under Traumatic Injury Protection under
			 Servicemembers' Group Life Insurance programSection 1980A(d) of title 38, United States
			 Code, is amended—
			(1)in paragraph (1),
			 by striking and the maximum payment and inserting and,
			 except as provided by paragraph (3)(A), the maximum; and
			(2)by adding at the
			 end the following new paragraph:

					(3)(A)The maximum payment
				amount described in paragraph (1) shall not apply to a qualifying loss directly
				caused by a traumatic event described in subparagraph (B). The Secretary shall
				determine the payment schedule for such qualifying losses as the Secretary
				determines appropriate without regard to such maximum payment amount.
						(B)A traumatic event described in this
				subparagraph is one of the following:
							(i)Armed conflict.
							(ii)Training under conditions simulating
				armed conflict.
							(iii)Hazardous service.
							(iv)A traumatic event caused through an
				instrumentality of
				war.
							.


113 HR 4384 IH: America HEALS Act
U.S. House of Representatives
2014-04-03
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
113th CONGRESS
2d Session
H. R. 4384
IN THE HOUSE OF REPRESENTATIVES

April 3, 2014
Ms. Eshoo (for herself, Ms. Lofgren, Ms. Matsui, Mr. Carson of Indiana, Mr. Huffman, Mr. Vargas, and Mr. Peters of California) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Budget, Armed Services, and Veterans’ Affairs, 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 provide for the establishment of a fund to provide for an expanded and sustained national investment in biomedical research.

1.Short titleThis Act may be cited as the America Helping Encourage Advancements in Lifesaving Science  or the America HEALS Act.
2.Biomedical Research Fund
(a)PurposeIt is the purpose of this section to establish a Biomedical Research Fund (referred to in this section as the Fund), to be administered by the Secretary of the Treasury, to provide for an expanded and sustained national investment in biomedical research through the programs and agencies described in subsection (b)(2).
(b)Use of fund
(1)In generalFor each fiscal year, amounts shall be transferred from the Fund to the accounts related to the programs and agencies described in paragraph (2) to ensure that funding for such programs and agencies for such fiscal year does not fall below 105 percent of the level of funding provided for the fiscal year immediately preceding the fiscal year for which the determination is being made and an additional amount to account for any increases in the Gross Domestic Product for the year involved.
(2)AgenciesThe programs and agencies described in this paragraph are the following:
(A)The National Institutes of Health.
(B)The Centers for Disease Control and Prevention.
(C)The Department of Defense health program.
(D)The medical and prosthetics research program of the Department of Veterans Affairs.
(c)Minimum continued funding requirementAmounts appropriated for each of the programs and agencies described in subsection (b)(2) for a fiscal year shall not be less than the amounts appropriated for such programs and agencies for fiscal year 2014.
(d)FundingThere are hereby authorized to be appropriated, and appropriated, to the Fund, out of any monies in the Treasury not otherwise appropriated, such sums as may be necessary in each fiscal year to enable the transfers to be made in accordance with subsection (b)(1).
(e)Transfer authorityThe Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives may provide for the transfer of funds in the Fund to eligible programs and agencies under this section, subject to subsection (b).
(f)Exemption of certain payments from sequestration
(1)In generalSection 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act (2 U.S.C. 905(g)(1)(A)) is amended by inserting after Advances to the Unemployment Trust Fund and Other Funds (16–0327–0–1–600). the following:

Biomedical Research Fund..
(2)ApplicabilityThe amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act.


113 S1369 IS: To provide additional flexibility to the Board of Governors of the Federal Reserve System to establish capital standards that are properly tailored to the unique characteristics of the business of insurance, and for other purposes.
U.S. Senate
2013-07-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 1369
		IN THE SENATE OF THE UNITED STATES

			July 25, 2013
			Mr. Brown (for himself,
			 Mr. Johanns, Mr. Kirk, Mr.
			 Tester, and Mr. Toomey)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To provide additional flexibility to the Board of
		  Governors of the Federal Reserve System to establish capital standards that are
		  properly tailored to the unique characteristics of the business of insurance,
		  and for other purposes.

		1.Findings and Purpose
			(a)FindingsCongress
			 finds that—
				(1)insurance
			 companies are regulated by the State insurance authorities of the States in
			 which the insurance companies are domiciled or licensed to sell
			 insurance;
				(2)as exemplified by
			 section 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1844), Congress
			 has long recognized and sought to preserve the State-based insurance
			 regime;
				(3)Senate Report
			 111–176, relating to the Restoring American Financial Stability Act of 2010 (S.
			 3217), directed Federal banking agencies to consider the existing regulatory
			 requirements, accounting treatment, and unique capital structures of insurance
			 companies in developing capital requirements for insurance entities; and
				(4)while section 171
			 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C.
			 5371) directs Federal banking agencies to establish minimum risk-based capital
			 and leverage standards on a consolidated basis, Congress did not intend for
			 Federal banking regulators to discard the State risk-based capital system in
			 favor of a banking capital regime.
				(b)PurposeThe
			 purpose of this Act is to provide additional flexibility for the Board of
			 Governors of the Federal Reserve System to establish capital standards that are
			 properly tailored to the unique characteristics of the business of
			 insurance.
			2.Exclusion of
			 insurers from bank capital rulesSection 171 of the Dodd-Frank Wall Street
			 Reform and Consumer Protection Act (12 U.S.C. 5371) is amended—
			(1)in subsection
			 (a), by adding at the end the following:

					(4)Business of
				insuranceThe term business of insurance has the
				same meaning as in section 1002.
					(5)Primarily
				engaged in the business of insuranceA company is primarily
				engaged in the business of insurance if—
						(A)the annual gross
				revenues derived by the company and all subsidiaries of the company from the
				business of insurance represent not less than 2/3 of the
				consolidated annual gross revenues of the company; or
						(B)the consolidated
				assets of the company and all subsidiaries of the company that relate to the
				business of insurance represent not less than 2/3 of the
				consolidated assets of the company.
						;
				and
			(2)in subsection
			 (b)(5)—
				(A)in subparagraph
			 (B), by striking or;
				(B)in subparagraph
			 (C), by striking the period at the end and inserting a semicolon; and
				(C)by adding at the
			 end the following:

						(D)any depository
				institution holding company that—
							(i)is primarily
				engaged in the business of insurance; or
							(ii)is an insurance
				underwriting company at the holding company level and was in existence on July
				21, 2010; or
							(E)any nonbank
				financial company supervised by the Board of Governors that, together with its
				subsidiaries, is primarily engaged in the business of
				insurance.
						.


110 HR 6492 IH: Accountability in Deferred Prosecution

U.S. House of Representatives
2008-07-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6492
		IN THE HOUSE OF REPRESENTATIVES

			July 15, 2008
			Mr. Pascrell (for
			 himself, Mr. Pallone,
			 Ms. Linda T. Sánchez of California,
			 and Mr. Conyers) introduced the
			 following bill; which was referred to the Committee on the Judiciary

		A BILL
		To regulate certain deferred prosecution agreements and
		  nonprosecution agreements in Federal criminal cases.

		1.Short titleThis Act may be cited as the
			 Accountability in Deferred Prosecution
			 Act of 2008.
		2.DefinitionsIn this Act—
			(1)the term
			 deferred prosecution agreement means an agreement between a
			 Federal prosecutor and an organization to conditionally defer prosecution of
			 that organization in a criminal case in which charges are filed;
			(2)the term nonprosecution
			 agreement means an agreement between a Federal prosecutor and an
			 organization to conditionally decide not to file criminal charges against the
			 organization;
			(3)the term
			 organization means a person or entity other than an individual;
			 and
			(4)the term
			 independent monitor means a person or entity outside the
			 Department of Justice that is selected to oversee the implementation of a
			 deferred prosecution agreement or nonprosecution agreement.
			3.Legal equivalence
			 of nonprosecution agreement and deferred prosecution agreementA nonprosecution agreement shall be subject
			 to all the requirements this Act and other law imposes on deferred prosecution
			 agreements.
		4.Administrative
			 guidelines on agreements
			(a)In
			 generalIn order to promote
			 uniformity and to assist prosecutors and organizations as they negotiate and
			 implement deferred prosecution agreements and nonprosecution agreements, the
			 Attorney General shall, not later than 90 days after the date of the enactment
			 of this Act, issue public written guidelines for deferred prosecution
			 agreements and nonprosecution agreements.
			(b)Matters
			 guidelines To coverThe
			 guidelines issued under this section shall provide direction in the following
			 areas:
				(1)The circumstances
			 in which an independent monitor is warranted for the agreement, the duties and
			 authority of such a monitor, and to whom the monitor owes those duties.
				(2)What terms and
			 conditions are appropriate in the agreement, including when, whether, and the
			 degree to which Federal prosecutors should seek monetary penalties,
			 restitution, civil settlements, and post-monitoring conditions.
				(3)Whether the
			 agreement should include some or all of the requirements of section 8B2.1 of
			 the United States Sentencing Guidelines for compliance and ethics
			 programs.
				(4)The process by
			 which the Department of Justice decides that the organization has successfully
			 satisfied the terms of the agreement.
				(5)The manner and
			 method for determining a breach of the agreement.
				(6)The extent of
			 joint involvement of regulatory agencies in connection with the agreement and
			 the division of responsibilities with those agencies.
				(7)The period during
			 which the agreement should remain in effect.
				(8)What constitutes
			 the cooperation, if any, required by the agreement from the organization and
			 its employees with respect to any ongoing criminal investigations, including
			 the length of the obligation to cooperate.
				(9)When and why it
			 would be appropriate for Federal prosecutors to enter into a nonprosecution
			 agreement rather than a deferred prosecution agreement.
				5.Selection and
			 compensation of independent monitors of agreements
			(a)Rules for
			 selection of monitorsThe
			 Attorney General shall establish rules for the selection of independent
			 monitors in connection with deferred prosecution agreements.
			(b)National list of
			 possible monitorsSuch rules shall provide for the creation of a
			 national list of organizations and individuals who have the expertise and
			 specialized skills necessary to serve as independent monitors. The Attorney
			 General shall place the list on the public website of the Department of
			 Justice.
			(c)Open selection
			 processSuch rules shall also
			 provide for an open, public, and competitive process for the selection of such
			 monitors. The Department of Justice shall, subject to the approval of the
			 court, appoint the independent monitor from the national list created under
			 this section.
			(d)CompensationThe
			 Attorney General shall establish a fee schedule for the compensation of
			 independent monitors and their support staff, and place that fee schedule on
			 the public website of the Department of Justice. Before a deferred prosecution
			 agreement that entails monitoring is entered into, this schedule shall also be
			 provided to each organization that is to be monitored pursuant to that
			 agreement.
			6.Restrictions
			 relating to agreements
			(a)Payments to
			 unrelated third partiesA
			 deferred prosecution agreement shall not require an organization to pay money
			 to a third party, other than a monitor or the monitor’s staff, if the payment
			 is unrelated to the harm caused by the defendant’s conduct that is the basis
			 for the agreement.
			(b)Impartiality in
			 selection of independent monitorsAttorneys who are or might participate in
			 the prosecution of the case against an organization to be monitored shall have
			 no role in the selection of the independent monitor, other than suggesting
			 qualifications for the monitor.
			(c)Treatment of
			 violations as conflicts of interestThe Attorney General shall
			 take appropriate steps to treat a violation of this section as a conflict of
			 interest and to remedy any such conflicts of interest.
			7.Judicial
			 oversight of agreements
			(a)Court approval
			 of agreementThe Government shall file each deferred prosecution
			 agreement in an appropriate United States district court. The court shall
			 approve the agreement if the court determines the agreement is consistent with
			 the guidelines for such agreements and is in the interests of justice. The
			 agreement shall take effect on the approval of the court.
			(b)Quarterly
			 reportsEach party to the agreement and any independent monitor
			 required under the agreement shall submit to the court in which the agreement
			 is filed quarterly reports on the progress made toward the completion of the
			 agreement, and describing any concern the filer has about the implementation of
			 the agreement. In the final quarterly report, the independent monitor shall
			 include a full and itemized statement of the work done and the compensation
			 earned for that work.
			(c)Court
			 reviewThe court shall, on motion of any party or the independent
			 monitor if there is one, review the implementation or termination of the
			 agreement, and take any appropriate action, to assure that the implementation
			 or termination is consistent with the interests of justice.
			8.Public disclosure
			 relating to deferred prosecution agreements
			(a)Disclosure on
			 Department of Justice websiteUpon the taking effect of a deferred
			 prosecution agreement, the Attorney General shall place the text of the
			 agreement on the public website of the Department of Justice, together with all
			 the terms and conditions of any agreement or understanding between an
			 independent monitor appointed pursuant to that agreement and the organization
			 monitored.
			(b)Exceptions
			 approved by courtSubject to the limitation in subsection (c),
			 the court may, upon petition of any interested party, approve an exception to
			 the requirements of this section for good cause shown. Good cause includes that
			 the information proposed to be excepted from the requirements is proprietary,
			 confidential, or a trade secret.
			(c)Minimum
			 disclosureThe court may not approve an exception from the
			 requirements of this section for the fact that the deferred prosecution
			 agreement has been filed with the court, the name of the organization to which
			 it pertains, or the identity and financial terms agreed upon with respect to
			 any independent monitor chosen in connection with the agreement.