115 HR 6532 IH: Making DI Work For All Americans Act of 2018
U.S. House of Representatives
2018-07-25
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.

I115th CONGRESS2d SessionH. R. 6532IN THE HOUSE OF REPRESENTATIVESJuly 25, 2018Mr. Rokita (for himself and Mr. Webster of Florida) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title II of the Social Security Act to update and improve eligibility criteria for the
			 Social Security Disability Program, and for other purposes.

 1.Short titleThis Act may be cited as the Making DI Work For All Americans Act of 2018. 2.Table of contentsThe table of contents for this Act is as follows:

				Sec. 1. Short title.
				Sec. 2. Table of contents.
				Title I—Administrative changes
				Sec. 101. Strengthening the administrative law judge quality review process.
				Sec. 102. Applying judicial code of conduct to administrative law judges.
				Sec. 103. Compensation for claimant representatives.
				Sec. 104. Minimum monthly withholding to recover overpayments.
				Sec. 105. Disqualification on receipt of disability insurance benefits in a month for which
			 unemployment compensation is received.
				Sec. 106. Elimination of reconsideration review application stages.
				Sec. 107. Report on hiring new administrative law judges and staff.
				Title II—Eligibility
				Sec. 201. Updating of medical-vocational guidelines.
				Sec. 202. Review of social media activity.
				Sec. 203. Updating data on work which exists in national economy.
				Title III—Continuing Disability Reviews
				Sec. 301. Study on impact of medical review standard.
				Sec. 302. Additional training relating to MIRS exceptions.
				Sec. 303. Increased frequency of continuing disability reviews.
				Sec. 304. Communication relating to termination of benefits.
				Sec. 305. Communication relating to reporting requirements.
				Title IV—Benefits
				Sec. 401. Establishment of annual poverty guideline based disability insurance benefits.
				Sec. 402. Retroactive payment of benefits.
				Sec. 403. Inclusion of unearned income in determination of substantial gainful activity.

		IAdministrative changes
			101.Strengthening the administrative law judge quality review process
 (a)ReviewNot later than 1 year after the date of enactment of this Act and annually thereafter, the Division of Quality of the Office of Appellate Operations of the Social Security Administration shall conduct a review of a sample of determinations that individuals are entitled to disability insurance benefits by outlier administrative law judges and identify any determinations that are not supported by the evidence.
 (b)ReportNot later than December 1 of each year in which a review described in subsection (a) is conducted, the Division of Quality Review of the Office of Appellate Operations of the Social Security Administration shall submit a report containing the results of such review, including all determinations that were found to be unsupported by the evidence, together with any recommendations for administrative action or proposed legislation that the Division determines appropriate, to—
 (1)the Inspector General of the Social Security Administration; (2)the Commissioner of the Social Security Administration;
 (3)the Committees on Ways and Means and Oversight and Government Reform of the House of Representatives; and
 (4)the Committees on Finance and Homeland Security and Governmental Affairs of the Senate. (c)Definition of outlier administrative law judgeFor purposes of this section, the term outlier administrative law judge means an administrative law judge within the Office of Disability Adjudication and Review of the Social Security Administration who, in a given year—
 (1)determines that the applicant is entitled to disability insurance benefits more often than 90 percent of administrative law judges making determinations under this title; or
 (2)issues more decisions than 90 percent of administrative law judges making determinations under this title.
					102.Applying judicial code of conduct to administrative law judges
 (a)In generalSection 3105 of title 5, United States Code, is amended— (1)by striking Each agency and inserting

 (a)Each agency; and (2)by adding at the end the following:

 (b)The Code of Conduct for United States Judges adopted by the Judicial Conference of the United States shall apply to administrative law judges appointed under this section.
 (c)If, in applying a standard of conduct to an administrative law judge appointed under this section, there is a conflict between the Code of Conduct for United States Judges and any other law or regulation, the stricter standard of conduct shall apply.
 (d)Pursuant to section 7301, the President may issue such regulations as may be necessary to carry out subsections (b) and (c)..
 (b)Limitation on regulatory authoritySection 1305 of title 5, United States Code, is amended by striking 3105 and inserting 3105(a). 103.Compensation for claimant representatives (a)In generalSection 206 of the Social Security Act (42 U.S.C. 406) is amended to read as follows:

						206.Representation of claimants(a)
 (1)The Commissioner of Social Security may prescribe rules and regulations governing the recognition of agents or other persons, other than attorneys as hereinafter provided, representing claimants before the Commissioner of Social Security, and may require of such agents or other persons, before being recognized as representatives of claimants that they shall show that they are of good character and in good repute, possessed of the necessary qualifications to enable them to render such claimants valuable service, and otherwise competent to advise and assist such claimants in the presentation of their cases. An attorney in good standing who is admitted to practice before the highest court of the State, Territory, District, or insular possession of his residence or before the Supreme Court of the United States or the inferior Federal courts, shall be entitled to represent claimants before the Commissioner of Social Security.
 (2)Notwithstanding paragraph (1), the Commissioner, after due notice and opportunity for hearing— (A)may refuse to recognize as a representative, and may disqualify a representative already recognized, any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice or who has been disqualified from participating in or appearing before any Federal program or agency, and
 (B)may refuse to recognize, and may disqualify, as a non-attorney representative any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice.
 (3)The Commissioner of Social Security may, after due notice and opportunity for hearing, suspend or prohibit from further practice before the Commissioner any such person, agent, or attorney who refuses to comply with the Commissioner's rules and regulations.
 (b)In prescribing the rules and regulations described in subsection (a), the Commissioner of Social Security may not prescribe any rules or regulations regarding the permissible fees which may be charged for services performed in connection with any claim before the Commissioner of Social Security under this title or title XVI. In no case shall the Commissioner certify any amount for payment to any representative out of any benefits payable to a claimant under this title or title XVI..
 (b)Conforming amendments to title XVISection 1631(d)(2) of the Social Security Act (42 U.S.C. 1383(d)(2)) is amended— (1)by amending subparagraph (A) to read as follows:

 (A)The provisions of section 206 shall apply to this part to the same extent as they apply in the case of title II.; and
 (2)by redesignating subparagraph (D) as subparagraph (B). (c)Effective dateThe amendments made by this section shall apply with respect to applications for benefits filed on or after January 1, 2019.
				104.Minimum monthly withholding to recover overpayments
 (a)In generalSection 204(a)(1) of the Social Security Act (42 U.S.C. 404(a)(1)) is amended— (1)by redesignating subparagraph (A) as clause (i) of subparagraph (A);
 (2)in subparagraph (A)(i) (as so redesignated), by striking With and inserting Subject to clause (ii), with; and (3)by adding at the end the following:

 (ii)If the Commissioner determines that withholding the full amount of a monthly disability insurance benefit payment to which an individual is otherwise entitled under this title to recover an overpayment pursuant to this section would defeat the purpose of this title, the Commissioner may withhold from such payment an amount that is less than such full amount but not less than 10 percent of such full amount..
 (b)RegulationsThe Commissioner of Social Security shall prescribe such regulations and make any conforming changes to regulations as the Commissioner determines appropriate to carry out the amendments made by this subsection.
 (c)Effective dateThe amendments made by this subsection shall apply with respect to overpayments made on or after January 1, 2019.
				105.Disqualification on receipt of disability insurance benefits in a month for which unemployment
			 compensation is received
 (a)In generalSection 223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4)) is amended by adding at the end the following:

						(D)
 (i)If for any week ending within a month an individual is paid unemployment compensation, such individual shall be deemed to have engaged in substantial gainful activity for such month.
 (ii)For purposes of clause (i), the term unemployment compensation means— (I)regular compensation, extended compensation, and additional compensation (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act (26 U.S.C. 3304 note)); and
 (II)trade readjustment allowance under title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).. (b)Trial work periodSection 222(c) of the Social Security Act (42 U.S.C. 422(c)) is amended by adding at the end the following:

						(6)
 (A)For purposes of this subsection, an individual shall be deemed to have rendered services in a month if the individual is paid unemployment compensation for any week ending within such month.
 (B)For purposes of subparagraph (A), the term unemployment compensation means— (i)regular compensation, extended compensation, and additional compensation (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act (26 U.S.C. 3304 note)); and
 (ii)trade readjustment allowance under title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).. (c)Data matchingThe Commissioner of Social Security shall implement the amendments made by this section using appropriate electronic data.
 (d)Effective dateThe amendments made by this section shall apply with respect to individuals who initially apply for disability insurance benefits on or after January 1, 2019, and are paid unemployment compensation for any week ending on or after January 1, 2019.
				106.Elimination of reconsideration review application stages
 (a)In generalSection 205(b) of the Social Security Act (42 U.S.C. 405(b)) is amended— (1)in paragraph (1), by adding at the end the following new sentence: Opportunity for a hearing under this title in accordance with this subsection with respect to any initial decision or determination under this title shall be available without any requirement for intervening reconsideration.;
 (2)by striking paragraph (2); (3)by redesignating paragraph (3) as paragraph (2); and
 (4)in paragraph (2) (as so redesignated), by striking or an adverse determination on reconsideration of such an initial determination. (b)Conforming amendmentsTitle II of such Act (42 U.S.C. 401 et seq.), as amended by subsection (a), is further amended—
 (1)in section 201(j), by striking reconsideration interviews and; and (2)in section 221(i)(3)—
 (A)by striking reconsideration of such initial termination or; and (B)by striking reconsideration or before hearing.
 (c)Effective dateThe amendments made by this section shall apply with respect to any initial determination of entitlement to a benefit under title II of the Social Security Act made on or after the date that is one year after the date of the enactment of this Act.
 107.Report on hiring new administrative law judges and staffNot later than 180 days after the date of the enactment of this Act, the Commissioner of Social Security shall submit to Congress a report that includes an estimate of the number of new administrative law judges and support staff that the Commissioner determines would be necessary to make a final decision on the entitlement of each individual for a disability insurance benefit under title II of the Social Security Act not later than 6 months after the date on which such individual applies for such benefits.
			IIEligibility
 201.Updating of medical-vocational guidelinesAs soon as possible after the date of the enactment of this Act, the Commissioner of Social Security shall prescribe rules and regulations that update the medical-vocational guidelines, as set forth in appendix 2 to subpart P of part 404 of title 20, Code of Federal Regulations, used in disability determinations, including full consideration of new employment opportunities made possible by advances in treatment, rehabilitation, and technology and full consideration of the effect of prevalent languages on education.
			202.Review of social media activity
 (a)In generalSection 205(b)(1) of the Social Security Act (42 U.S.C. 405(b)(1)), as amended by section 110(a), is further amended by inserting after the second sentence the following: In making any initial determination of disability under this title, the Commissioner of Social Security shall consider any relevant evidence from social media of which the Commissioner is made aware prior to issuing a decision involving such determination..
 (b)Effective dateThe amendment made by subsection (a) shall apply with respect to applications for disability insurance benefits filed on or after January 1, 2019.
 203.Updating data on work which exists in national economyNot later than 5 years after the date of the enactment of this Act, and every year thereafter, the Commissioner of Social Security shall—
 (1)update the data used by the Commissioner to determine the jobs which exist in the national economy (within the meaning of section 223(d)(2)(A) of the Social Security Act (42 U.S.C. 423(d)(2)(A))), to ensure that such data reflects the full range of work which exists in the national economy, including newly-created jobs in emerging industries; and
 (2)submit to Congress a report describing each such update. IIIContinuing Disability Reviews 301.Study on impact of medical review standard (a)In generalThe Commissioner of Social Security shall conduct a study with respect to a large number of beneficiaries—
 (1)to determine whether the Social Security Administration would consider such beneficiaries to be disabled using the Initial Disability Standard rather than the Medical Improvement Review Standard (MIRS) during continuing disability reviews; and
 (2)to analyze the cause of any difference of result between the two standards. (b)ReportNot later than 180 days after the date of the enactment of this Act, the Commissioner of Social Security shall submit a report to Congress on the study described in subsection (a).
 302.Additional training relating to MIRS exceptionsThe Commissioner of Social Security shall— (1)provide training, as the Commissioner determines to be appropriate, to employees of State disability determination services and to Federal personnel involved in making disability determinations on the application of exceptions to the Medical Improvement Review Standard (MIRS) during continuing disability reviews; and
 (2)establish a procedure by which such employees and Federal personnel may request assistance from the Social Security Administration in the application of such exceptions.
				303.Increased frequency of continuing disability reviews
 (a)In generalSection 221(i) of the Social Security Act (42 U.S.C. 421(i)) is amended— (1)in paragraphs (1) and (2), by striking 3 years each place it appears and inserting 2 years; and
 (2)in paragraph (1), by striking at such times as the Commissioner of Social Security determines to be appropriate and inserting at least every 7 years. (b)Effective dateThe amendment made by subsection (a) shall apply with respect to applications for disability insurance benefits filed on or after January 1, 2019.
				304.Communication relating to termination of benefits
 (a)In generalThe Commissioner of Social Security shall ensure that each award letter informing an individual of the individual’s initial entitlement to disability insurance benefits under title II of the Social Security Act includes—
 (1)a description of all of the conditions under which such benefits may be terminated; and (2)except in any case in which a finding has been made that the individual’s disability is permanent, an explanation that disability insurance benefits are temporary and that the individual is expected to return to work after medical improvement has occurred.
 (b)Effective dateThe amendment made by subsection (a) shall apply with respect to individuals who become entitled to disability insurance benefits on or after January 1, 2019.
 305.Communication relating to reporting requirementsThe Commissioner of Social Security shall ensure that each communication from the Social Security Administration made to an individual entitled to disability insurance benefits includes a description of the individual’s responsibility to report to the Commissioner of Social Security any change of circumstance that may affect the individual’s entitlement to such benefits.
			IVBenefits
			401.Establishment of annual poverty guideline based disability insurance benefits
 (a)In generalSection 223(a) of the Social Security Act (42 U.S.C. 423(a)(2)) is amended by inserting after paragraph (2) the following new paragraph:

 (3)In the case of an individual who initially becomes entitled to disability benefits in the calendar year 2019 or any subsequent calendar year, and except as provided in section 202(q) of this title, such individual’s disability insurance benefit for any month shall be one-twelfth of the most recently published annual poverty guideline for an individual (as updated annually in the Fed. Reg. by the Department of Health and Human Services under the authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981)..
 (b)Early retirement benefit reductionSection 202(q)(2) of the Social Security Act (42 U.S.C. 423(a)(2)) is amended by striking subsection (q)(2) and replacing it with the following:

 (2)If an individual is entitled to a disability insurance benefit for a month after a month for which such individual was entitled to an old-age insurance benefit, such disability insurance benefit for each month shall be—
 (A)if such individual initially became entitled to disability benefits in any calendar year before 2019, reduced by the amount such old-age insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained retirement age (as defined in section 416(l) of this title) in the first month for which he most recently became entitled to a disability insurance benefit; or
 (B)if such individual initially became entitled to disability benefits in the calendar year 2019 or any subsequent calendar year, equal to the higher of the individual’s reduced old-age insurance benefit under paragraph (1) and the individual’s disability insurance benefit under section 423(a)(3)..
 (c)Conforming amendmentSection 223(a)(2) of the Social Security Act (42 U.S.C. 423(a)(2)) is amended by striking Except and inserting In the case of an individual who initially becomes entitled for disability benefits in any calendar year before 2019, and except.
				402.Retroactive payment of benefits
 (a)In generalSection 223(b) of the Social Security Act (42 U.S.C. 423(b)) is amended by striking 12th month and inserting 6th month. (b)Effective dateThe amendment made by subsection (a) shall apply with respect to applications for disability insurance benefits filed on or after January 1, 2019.
				403.Inclusion of unearned income in determination of substantial gainful activity
 (a)In generalSection 223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4)), as amended by section 3(b), is further amended by adding at the end the following:

						(D)
 (i)If the amount of unearned income (as defined in section 1612) of an individual for a month is equal to or greater than the monthly income limit for such month, the individual shall be deemed to have engaged in substantial gainful activity for such month.
 (ii)For purposes of this subparagraph, the monthly income limit is the amount of earnings derived from services, prescribed by the Commissioner under regulations issued pursuant to subparagraph (A), sufficient to demonstrate an individual’s ability to engage in substantial gainful activity for a month..
 (b)Effective dateThe amendment made by subsection (a) shall apply with respect to monthly insurance benefits paid for months beginning after the date that is 1 year after the date of the enactment of this Act.


		I
		111th CONGRESS
		1st Session
		H. R. 3803
		IN THE HOUSE OF REPRESENTATIVES

			October 13, 2009
			Mr. Tiahrt (for
			 himself and Mr. Moore of Kansas)
			 introduced the following bill; which was referred to the
			  Committee on Energy and
			 Commerce, and in addition to the
			  Committee on the
			 Judiciary, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To amend the Communications Act of 1934 to require a
		  provider of a commercial mobile service or an IP-enabled voice service to
		  provide call location information concerning the user of such a service to law
		  enforcement agencies in order to respond to a call for emergency services or in
		  an emergency situation that involves risk of death or serious physical
		  harm.

		1.Short titleThis act may be cited as the
			 Kelsey Smith
			 Act.
		2.Required disclosure of
			 call information locationTitle II of the Communications Act of 1934
			 (47 U.S.C. 201) is amended by inserting after section 222 the following new
			 section:

				222A.Required
				disclosure of call location information
					(a)In
				GeneralNotwithstanding section 222, at the request of a law
				enforcement agency, a telecommunications carrier shall provide call location
				information concerning the user of a commercial mobile service (as such term is
				defined in section 332(d)) or the telecommunications device of the user of an
				IP-enabled voice service (as such term is defined in section 7 of the Wireless
				Communications and Public Safety Act of 1999 (47 U.S.C. 615b)) to a law
				enforcement official, in order to respond to the user's call for emergency
				services or to respond to an emergency situation that involves the risk of
				death or serious physical harm.
					(b)Hold
				HarmlessNo cause of action shall lie in any court against any
				provider of a commercial mobile service or an IP-enabled voice service, its
				officers, employees, or agents for providing call location information under
				subsection (a) while acting in good faith and in accordance with this section
				and any regulations promulgated pursuant to this section.
					(c)DefinitionsFor
				the purpose of this section, the terms customary proprietary network
				information, public safety answering point, and
				emergency services have the meanings for such terms as defined in
				section
				222.
					.
		3.Training law
			 enforcement to use call location information
			(a)ProgramNot
			 later than 6 months after the date of the enactment of this Act, the Attorney
			 General under the Byrne Law Enforcement Grant Program and administered by the
			 Office of Justice Programs, shall provide education and training, on a periodic
			 basis, to State and local law enforcement agencies and officials to assist such
			 agencies and officials with—
				(1)understanding the
			 provisions of Federal law (including section 222A of the Communications Act of
			 1934, as added by this Act) with respect to the ability of law enforcement to
			 request and obtain call location information of a user of a commercial mobile
			 service from a telecommunications carrier to respond to the user's call for
			 emergency services or to respond to an emergency situation that involves the
			 risk of death or serious physical harm; and
				(2)developing and
			 disseminating procedures to ensure that such agencies and officers have the
			 necessary contact information available to promptly request and obtain call
			 location information from telecommunications carriers in the circumstances
			 described in paragraph (1).
				(b)DefinitionsIn
			 this section—
				(1)the term
			 commercial mobile service has the meaning given such term in
			 section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)); and
				(2)the term
			 telecommunications carrier has the meaning given such term in
			 section 3 of such Act (47 U.S.C. 153).


113 HR 5433 IH: Stop Funding Terrorism Act
U.S. House of Representatives
2014-09-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 5433
		IN THE HOUSE OF REPRESENTATIVES

			September 10, 2014
			Mr. Stockman (for himself and Mr. Perry) introduced the following bill; which was referred to the Committee on Foreign Affairs

		A BILL
		To prohibit certain assistance to the Palestinian Authority.

		1.Short title
			This Act may be cited as the Stop Funding Terrorism Act.2.Prohibition on foreign assistance(a)In generalExcept as provided under subsection (b) and notwithstanding any other provision of law, no amounts
			 may be obligated or expended to provide any direct United States
			 assistance, loan guarantee, or debt relief to the Palestinian Authority,
			 or any affiliated governing entity or leadership organization.(b)ExceptionThe prohibition under subsection (a) shall have no effect for a fiscal year if the President
			 certifies to Congress during that fiscal year that the Palestinian
			 Authority has—(1)formally recognized the right of Israel to exist as a Jewish state;(2)publicly recognized the state of Israel;(3)renounced terrorism;(4)purged all individuals with terrorist ties from security services;(5)terminated funding of anti-American and anti-Israel incitement;(6)publicly pledged to not engage in war with Israel; and(7)honored previous diplomatic agreements.3.Effective dateThe prohibition under section 2 shall take effect on the date of the enactment of this Act.


I115th CONGRESS1st SessionH. R. 419IN THE HOUSE OF REPRESENTATIVESJanuary 10, 2017Mrs. Lawrence introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to allow a credit against tax for manufacturing job training expenses.
1.Short titleThis Act may be cited as the Promote Workforce Development for the Advancement of Manufacturers Act of 2017. 2.Manufacturing job training 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:

45S.Manufacturing job training credit
(a)In generalFor the purposes of section 38, the manufacturing job training credit determined under this section for the taxable year is an amount equal to 20 percent of so much of the manufacturing training expenses paid or incurred by a qualified manufacturing employer during the taxable year as exceeds 50 percent of the average manufacturing training expenses for the 3 taxable years preceding the taxable year for which the credit is determined. (b)DefinitionsFor purposes of this section—
(1)Manufacturing training expenses
(A)In generalThe term manufacturing training expenses means, with respect to any eligible employee of the taxpayer, expenses paid or incurred by such taxpayer for any manufacturing training program, including any related course work, certification testing, and essential skill acquisition. (B)Eligible employeeThe term eligible employee means any employee of the taxpayer whose essential job function is within the United States and relates to manufacturing at a manufacturing facility of the taxpayer located within the United States.
(2)Qualifying manufacturing employerThe term qualified manufacturing employer means any employer— (A)which employs individuals in a trade or business in manufacturing,
(B)the manufacturing facilities of which are located in the United States, and (C)the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System.
(c)Special rules
(1)Rule in case of no manufacturing training expenses in any of 3 preceding taxable years
(A)Taxpayers to which paragraph appliesThe credit under this section shall be determined under this paragraph if the taxpayer has no manufacturing training expenses in any one of the 3 taxable years preceding the taxable year for which the credit is being determined. (B)Credit rateThe credit determined under this paragraph shall be equal to 6 percent of the manufacturing training expenses for the taxable year.
(2)Denial of double benefitNo deduction shall be allowed under this chapter for the portion of the expenses otherwise allowable as a deduction that are taken into account in determining the credit under this section for the taxable year. (3)AggregationFor purposes of this section, all persons treated as a single employer under subsection (a) or (b) or section 52, or subsection (m) or (o) of section 414, shall be treated as one person.
(d)Election To have credit not applyA taxpayer may elect to have this section not apply for any taxable year.. (b)Credit To be part of general business creditSubsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus, and by adding at the end the following new paragraph:

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

Sec. 45S. Manufacturing job training credit..
(d)Effective dateThe amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.


117 HR 1066 IH: Wildfire Recovery Act
U.S. House of Representatives
2021-02-15
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.

I117th CONGRESS1st SessionH. R. 1066IN THE HOUSE OF REPRESENTATIVESFebruary 15, 2021Mr. Neguse (for himself, Mr. Curtis, Mr. O'Halleran, Mr. Stewart, Ms. Norton, Ms. Jackson Lee, and Mr. San Nicolas) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide flexibility with the cost share for fire management assistance, and for other purposes.1.Short titleThis Act may be cited as the Wildfire Recovery Act. 2.Fire management assistance cost shareSection 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by adding at the end the following:(f)Federal shareThe Federal share of assistance under this section shall be not less than 75 percent of the eligible cost, as set forth in the regulations, of such assistance..3.RulemakingNot later than 1 year after the date of enactment of this Act, the President, acting through the Administrator of the Federal Emergency Management Agency and in consultation with the heads of relevant Federal departments and agencies, including the Department of Agriculture and the Department of Interior, shall conduct and complete a rulemaking to develop guidelines and a rule that establishes thresholds for cases in which the Federal cost share for section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) may be increased. Such thresholds shall use a fire-specific metric to determine fire damage referred to in subsection (a) of such section, and recommend a Federal cost share adjustment for fire damage that meets the established thresholds. The Administrator shall follow all notice and comment requirements set forth in section 553 of title 5, United States Code, for such rulemaking.


116 HR 8411 IH: End Oil and Gas Tax Subsidies Act of 2020
U.S. House of Representatives
2020-09-29
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.

I116th CONGRESS2d SessionH. R. 8411IN THE HOUSE OF REPRESENTATIVESSeptember 29, 2020Mr. Blumenauer (for himself and Mr. Casten of Illinois) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to repeal fossil fuel subsidies for oil companies, and for other purposes.1.Short titleThis Act may be cited as the End Oil and Gas Tax Subsidies Act of 2020.2.Amortization of geological and geophysical expenditures(a)In generalSection 167(h) of the Internal Revenue Code of 1986 is amended—(1)by striking 24-month period in paragraph (1) and inserting 7-year period, and (2)by striking paragraph (5).(b)Effective dateThe amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2020.3.Producing oil and gas from marginal wells(a)In generalSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 45I (and by striking the item relating to such section in the table of sections for such subpart).(b)Conforming amendmentSection 38(b) of such Code is amended by striking paragraph (19).(c)Effective dateThe amendment made by subsection (a) shall apply to credits determined for taxable years beginning after December 31, 2020.4.Enhanced oil recovery credit(a)In generalSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 43 (and by striking the item relating to such section in the table of sections for such subpart).(b)Conforming amendmentSection 38(b) of such Code is amended by striking paragraph (6).(c)Effective dateThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2020.5.Intangible drilling and development costs in the case of oil and gas wells(a)In generalSubsection (c) of section 263 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: This subsection shall not apply to amounts paid or incurred by a taxpayer with respect to an oil or gas well after December 31, 2020..(b)Effective dateThe amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2020.6.Repeal of percentage depletion for oil and gas wells(a)In generalPart I of subchapter I of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 613A (and the table of sections of such part is amended by striking the item relating to such section).(b)Conforming amendments(1)Subsection (d) of section 45H of such Code is amended—(A)by striking For purposes of this section and inserting the following:(1)In generalFor purposes of this section,(B)by striking (within the meaning of section 613A(d)(3)), and(C)by adding at the end the following new paragraph:(2)Related personFor purposes of this subsection, a person is a related person with respect to the taxpayer if a significant ownership interest in either the taxpayer or such person is held by the other, or if a third person has a significant ownership interest in both the taxpayer and such person. For purposes of the preceding sentence, the term significant ownership interest means—(A)with respect to any corporation, 5 percent or more in value of the outstanding stock of such corporation,(B)with respect to a partnership, 5 percent or more interest in the profits or capital of such partnership, and(C)with respect to an estate or trust, 5 percent or more of the beneficial interests in such estate or trust.For purposes of determining a significant ownership interest, an interest owned by or for a corporation, partnership, trust, or estate shall be considered as owned directly both by itself and proportionately by its shareholders, partners, or beneficiaries, as the case may be..(2)Section 57(a)(1) of such Code is amended by striking the last sentence.(3)Section 291(b)(4) of such Code is amended by adding at the end the following: Any reference in the preceding sentence to section 613A shall be treated as a reference to such section as in effect prior to the date of the enactment of the End Oil and Gas Tax Subsidies Act of 2020..(4)Section 613(d) of such Code is amended by striking Except as provided in section 613A, in the case of and inserting In the case of.(5)Section 613(e) of such Code is amended—(A)by striking or section 613A in paragraph (2), and(B)by striking any amount described in section 613A(d)(5) in paragraph (3) and inserting any lease bonus, advance royalty, or other amount payable without regard to production from property.(6)Section 705(a) of such Code is amended—(A)by inserting and at the end of paragraph (1)(C),(B)by striking ; and at the end of paragraph (2)(B) and inserting a period, and(C)by striking paragraph (3).(7)Section 993(c)(2)(C) of such Code is amended by striking section 613 or 613A and inserting section 613 (determined without regard to subsection (d) thereof).(8)Section 1202(e)(3)(D) of such Code is amended by striking section 613 or 613A and inserting section 613 (determined without regard to subsection (d) thereof).(9)Section 1367(a)(2) of such Code is amended by inserting and at the end of subparagraph (C), by striking , and at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E).(10)Section 1446(c) of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2).(c)Effective dateThe amendments made by this section shall apply to property placed in service after December 31, 2020.7.Repeal of deduction for tertiary injectants(a)In generalPart VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 193 (and the table of sections of such subpart is amended by striking the item relating to such section).(b)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.8.Repeal of exception to passive loss limitations for working interests in oil and gas properties(a)In generalSection 469(c)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:(C)TerminationSubparagraph (A) shall not apply with respect to any taxable year beginning after the date of the enactment of this Act..(b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2020.9.Deduction for qualified business income not allowed with respect to oil and gas activities(a)In generalSection 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii), and by inserting after clause (vi) the following new clause: (vii)The production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof..(b)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.10.Prohibition on using last-in, first-out accounting for oil and gas companies(a)In generalSection 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:(h)Oil and gas companies(1)In generalNotwithstanding any other provision of this section, a major integrated oil company may not use the method provided in subsection (b) in inventorying of any goods.(2)Major integrated oil companyFor purposes of this subsection, the term major integrated oil company means, with respect to any taxable year, a producer of crude oil—(A)which has an average daily worldwide production of crude oil of at least 500,000 barrels for the taxable year,(B)which has gross receipts in excess of $1,000,000,000 for the taxable year, and(C)the average daily refinery runs of the taxpayer and related persons for the taxable year exceed 75,000 barrels.(3)Special rules(A)Crude production and gross receiptsFor purposes of subparagraphs (A) and (B) of paragraph (2)—(i)Controlled groups and common controlAll persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.(ii)Short taxable yearsIn case of a short taxable year, the rule under section 448(c)(3)(B) shall apply.(B)Average daily refinery runsFor purposes of paragraph (2)(C)—(i)In generalThe average daily refinery runs for any taxable year shall be determined by dividing the aggregate refinery runs for the taxable year by the number of days in the taxable year.(ii)Related personsA person is a related person with respect to the taxpayer if a significant ownership interest in either the taxpayer or such person is held by the other, or if a third person has a significant ownership interest in both the taxpayer and such person.(iii)Significant ownership interestFor purposes of clause (ii), the term significant ownership interest means—(I)with respect to any corporation, 15 percent or more in value of the outstanding stock of such corporation,(II)with respect to a partnership, 15 percent or more interest in the profits or capital of such partnership, and(III)with respect to an estate or trust, 15 percent or more of the beneficial interests in such estate or trust.For purposes of determining a significant ownership interest, an interest owned by or for a corporation, partnership, trust, or estate shall be considered as owned directly both by itself and proportionately by its shareholders, partners, or beneficiaries, as the case may be..(b)Effective date and special rule(1)In generalThe amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2020.(2)Change in method of accountingIn the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year beginning after the date of the enactment of this Act—(A)such change shall be treated as initiated by the taxpayer,(B)such change shall be treated as made with the consent of the Secretary of the Treasury, and(C)the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year.11.Modifications of foreign tax credit rules applicable to dual capacity taxpayers(a)In generalSection 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection:(n)Special rules relating to dual capacity taxpayers(1)General ruleNotwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer to a foreign country or possession of the United States for any period with respect to combined foreign oil and gas income (as defined in section 907(b)(1)) shall not be considered a tax to the extent such amount exceeds the amount (determined in accordance with regulations) which would have been required to be paid if the taxpayer were not a dual capacity taxpayer.(2)Dual capacity taxpayerFor purposes of this subsection, the term dual capacity taxpayer means, with respect to any foreign country or possession of the United States, a person who—(A)is subject to a levy of such country or possession, and(B)receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession..(b)Effective date(1)In generalThe amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after December 31, 2020.(2)Contrary treaty obligations upheldThe amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States.12.Clarification of tar sands as crude oil for excise tax purposes(a)In generalParagraph (1) of section 4612(a) of the Internal Revenue Code of 1986 is amended to read as follows:(1)Crude oilThe term crude oil includes crude oil condensates, natural gasoline, any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture (including oil derived from tar sands), and any oil derived from kerogen-bearing sources (including oil derived from oil shale)..(b)Regulatory authority To address other types of crude oil and petroleum productsSubsection (a) of section 4612 of such Code is amended by adding at the end the following new paragraph:(10)Regulatory authority to address other types of crude oil and petroleum productsUnder such regulations as the Secretary may prescribe, the Secretary may include as crude oil or as a petroleum product subject to tax under section 4611, any fuel feedstock or finished fuel product customarily transported by pipeline, vessel, railcar, or tanker truck if the Secretary determines that—(A)the classification of such fuel feedstock or finished fuel product is consistent with the definition of oil under the Oil Pollution Act of 1990, and(B)such fuel feedstock or finished fuel product is produced in sufficient commercial quantities as to pose a significant risk of hazard in the event of a discharge..(c)Technical amendmentParagraph (2) of section 4612(a) of such Code is amended by striking from a well located.(d)Effective dateThe amendments made by this section shall take effect on the date of the enactment of this Act.


IV
111th CONGRESS
2d Session
H. RES. 1208
In the House of Representatives, U. S.,

April 27, 2010

RESOLUTION
Supporting the goals of World Intellectual Property Day.

Whereas intellectual property is the backbone of the economic competitiveness of the United States and the only economic sector in which the United States has a trade surplus with every nation in the world;
Whereas well over 50 percent of United States exports now depend on some form of intellectual property, compared to less than 10 percent 50 years ago;
Whereas intangible assets that stem from intellectual property, such as high-value services, global branding, technological know-how, and scientific research, must be recognized as cornerstones in achieving economic recovery and creating jobs;
Whereas intellectual property assets today represent more than one third of the value of United States-based corporations and more than 17 percent of the gross domestic product of the United States;
Whereas intellectual property plays a significant role in an increasingly broad range of services, ranging from the Internet to health care to nearly all aspects of science and technology and literature and the arts, and the potential for innovation and invention must be fostered as its greatest attribute;
Whereas the United States and all countries share the challenge of combating piracy and counterfeiting of intellectual property, including illicit trade in life-saving drugs, cutting edge technologies, film, music, books, and inventions that affect the quality of life;
Whereas the piracy and counterfeiting of intellectual property have a significant impact on economies around the world, translate into lost jobs, lost earnings, and lost tax revenues, and threaten public health and safety;
Whereas the World Intellectual Property Organization, with 184 member states, is the primary organization in the world focused on the development and protection of intellectual property rights for all creators and all countries;
Whereas World Intellectual Property Day provides an opportunity to reflect on how intellectual property touches all aspects of people’s lives, how copyright helps music to be heard and art, films, and literature to be seen, how industrial design helps shape the world in which people live, how trademarks provide reliable signs of quality, and how patenting helps promote ingenious inventions that make life easier, faster, safer, and sometimes completely changes the way people live;
Whereas the theme of 2010 World Intellectual Property Day is Innovation-Linking the World, and presents an opportunity to champion the role of intellectual property rights in providing incentives for the development of the innovative solutions needed to meet today’s global challenges while creating jobs and stimulating the United States economy;
Whereas April 26, 1970, was the date on which the Convention establishing the World Intellectual Property Organization entered into force;
Whereas, in 2000, member states of the World Intellectual Property Organization established World Intellectual Property Day to celebrate the contribution made by innovators and artists to the development and growth of societies across the globe and to highlight the importance and practical use of intellectual property in everyone’s daily lives; and
Whereas April 26, 2010, has been designated as World Intellectual Property Day, a time to celebrate the importance of intellectual property to the United States and the world: Now, therefore, be it

That the House of Representatives—
(1)supports the goals of World Intellectual Property Day to promote, inform, and teach the importance of intellectual property as a tool for economic, social, and cultural development;
(2)recognizes the ever-increasing importance of intellectual property and the new challenges and serious threats to its protection, which affect prospects for future growth of the United States economy;
(3)supports robust and ongoing efforts to protect the health and well-being of citizens in the United States from fraudulent and illegal counterfeiting and piracy;
(4)congratulates the World Intellectual Property Organization for building awareness of the value of intellectual property and developing the necessary infrastructure to help citizens take full advantage of their own creativity; and
(5)applauds the ongoing contributions of human creativity and intellectual property to growth and innovation and for the key role they play in promoting and ensuring a brighter and stronger future for the United States and the world.

Lorraine C. Miller,Clerk.


115 HR 4693 IH: Puppy Protection Act of 2017
U.S. House of Representatives
2017-12-20
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.

I115th CONGRESS1st SessionH. R. 4693IN THE HOUSE OF REPRESENTATIVESDecember 20, 2017Mr. Fitzpatrick (for himself and Mr. Crist) introduced the following bill; which was referred to the Committee on AgricultureA BILLTo amend the Animal Welfare Act to provide for the humane treatment of dogs, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Puppy Protection Act of 2017. 2.Additional requirements for dogs in dealer facilities (a)Humane treatment of dogs in dealer facilitiesSection 13(a) of The Animal Welfare Act (7 U.S.C. 2143(a)) is amended by adding at the end the following new paragraph:

 (9)In addition to the requirements under paragraph (2), the standards described in paragraph (1) shall, with respect to dogs in a dealer facility, include requirements—
 (A)that such dealer facility provide adequate housing for dogs that includes— (i)completely solid flooring;
 (ii)sufficient indoor space to allow the tallest dog in an enclosure to stand on his or her hind legs without touching the roof of the enclosure;
 (iii)with respect to dogs over 8 weeks in age, primary enclosures that, with the length of the dog measured from the tip of the nose to the base of the tail, provide at least—
 (I)12 square feet of indoor floor space per each dog up to 25 inches long; (II)20 square feet of indoor floor space per each dog between 25 and 35 inches long; and
 (III)30 square feet of indoor floor space per each dog 35 inches and longer; (iv)enclosures that are not stacked or otherwise placed on top of or below another enclosure; and
 (v)temperature control that— (I)is appropriate for the age, breed, and condition of the dogs in the enclosure; and
 (II)is between 45 and 85 degrees Fahrenheit, when dogs are present in the enclosure; (B)that appropriate and nutritious food be fed at least twice per day, in an amount sufficient to maintain the good health and physical condition of each dog;
 (C)for continuous access to potable water that is not frozen and is free of feces, algae, and other contaminants be available;
 (D)for adequate exercise, including— (i)for dogs over the age of 12 weeks, unfettered access from their primary enclosures during daylight hours to an outdoor exercise area that is—
 (I)at ground-level; (II)a solid surface;
 (III)enclosed (by a fence or other structure); (IV)properly controlled for the safety of the dogs; and
 (V)at least two times the space required for a dog under subparagraph (A)(iii); or (ii)if the dealer obtains a certification from the attending veterinarian stating that the dog should not have unfettered access to an outdoor exercise area for a specific medical reason, an alternative and appropriate exercise plan prescribed by the veterinarian for the dog that meets the requirements under section 3.8a of title 9, Code of Federal Regulations;
 (E)for at least 30 minutes each day of meaningful socialization with humans and compatible dogs that— (i)includes positive interaction with a human such as petting, stroking, grooming, feeding, playing with, exercising, or other touching of the dog that is beneficial to the well-being of the dog; and
 (ii)does not include time spent in veterinary care; (F)that each dog receive adequate veterinary care, including—
 (i)a hands-on examination by a licensed veterinarian at least once each year; (ii)core vaccinations recommended by the current version of the American Animal Hospital Association Canine Vaccination Guidelines; and
 (iii)medications to prevent intestinal parasites, heartworm disease, fleas, and ticks that are approved by a licensed veterinarian for canine use;
 (G)for safe breeding practices, including— (i)a screening program for known prevalent inheritable diseases that may be disabling or likely to significantly affect the lifespan or quality of life of the offspring;
 (ii)prohibiting breeding, unless each dog bred is free from health conditions that may be disabling to, or likely to significantly affect the lifespan or quality of life of, the offspring (as documented by a licensed veterinarian upon examination);
 (iii)prohibiting the breeding of a female dog— (I)to produce more than two litters in any 18-month period; or
 (II)more than 6 litters in that dog’s lifetime; (iv)that female dogs of small breeds (weighing less than 40 pounds when fully mature) not be bred—
 (I)before reaching the age of 18 months; or (II)after reaching the age of 9 years;
 (v)that female dogs of large breeds (weighing 40 pounds or more when fully mature) not be bred— (I)before reaching the age of 2 years; or
 (II)after reaching the age of 7 years; and (vi)that any canine caesarian section be performed by a licensed veterinarian; and
 (H)to make all reasonable efforts to find humane placement for retired breeding dogs (such as with an adoptive family, rescue organization, or other appropriate owner for that dog, and not including selling at auction or otherwise placing a retired breeding dog with another breeder for breeding purposes)..
 (b)Dealer facility definedSection 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by adding at the end the following new subsection:

 (p)The term dealer facility means any facility used by a dealer in commerce to, for compensation or profit, deliver for transportation, transport (except as a carrier), buy, sell, or negotiate the purchase or sale of, any dog..
 (c)Conforming amendmentSection 13(a)(2)(B) of the Animal Welfare Act (7 U.S.C. 2143(a)(2)(B)) is amended by inserting subject to paragraph (9), before for exercise of dogs. 3.RegulationsNot later than 18 months after the date of the enactment of this Act, the Secretary shall issue final regulations establishing the standards for the care of dogs in dealer facilities, as required by this Act.