109 HR 6160 : More Border Patrol Agents Now Act of

U.S. House of Representatives
2006-11-13
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		IIB
		109th CONGRESS
		2d Session
		H. R. 6160
		IN THE SENATE OF THE UNITED
		  STATES

			September 27, 2006
			Received

			November 13, 2006
			 Read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		AN ACT
		To recruit and retain Border Patrol
		  agents.

		1.Short titleThis Act may be cited as the
			 More Border Patrol Agents Now Act of
			 2006.
		2.Border Patrol
			 agent enhancement
			(a)PlanIn
			 order to address the recruitment and retention challenges faced by the United
			 States Border Patrol, the Secretary of Homeland Security shall, not later than
			 six months after the date of the enactment of this Act, submit to the Committee
			 on Homeland Security and the Committee on Government Reform of the House of
			 Representatives and the Committee on Homeland Security and Governmental Affairs
			 of the Senate a plan to determine how the Border Patrol can better recruit and
			 retain Border Patrol agents with the appropriate skills and training to
			 effectively carry out its mission and responsibilities.
			(b)ContentsThe
			 plan shall include, at a minimum, the following components:
				(1)A
			 strategy for the utilization of the recruitment authority provided in
			 subsection (a) of section 9702 of title 5, United
			 States Code (as added by section 3), as well as any other strategies the
			 Secretary determines to be important in recruiting well-qualified Border Patrol
			 agents.
				(2)A strategy for the utilization of the
			 retention authority provided in subsection (b) of
			 section
			 9702 of title 5, United States Code (as added by section 3), as
			 well as any other strategies the Secretary determines to be important in
			 retaining well-qualified Border Patrol agents.
				(3)An assessment of
			 the impact that current pay levels for Border Patrol agents has on the
			 Department’s ability to recruit and retain Border Patrol agents, especially in
			 high cost-of-living areas.
				(4)An assessment of whether increased
			 opportunities for Border Patrol agents to transfer between duty stations would
			 improve employee morale and enhance the Department's ability to recruit and
			 retain well-qualified Border Patrol agents.
				3.Recruitment and
			 retention bonuses for Border Patrol agent enhancement
			(a)In
			 generalChapter 97 of title 5, United
			 States Code, is amended by adding at the end the following new section:

					9702.Border Patrol
				agent enhancement
						(a)Recruitment
				bonuses for Border Patrol agents
							(1)In
				generalIn order to carry out
				the plan described in section 2(a) of the More Border Patrol Agents Now Act of
				2006, the Secretary of Homeland Security may pay a bonus to an individual to
				recruit a sufficient number of Border Patrol agents.
							(2)Bonus
				amount
								(A)In
				generalThe amount of a bonus under this subsection shall be
				determined by the Secretary, but may not exceed 25 percent of the annual rate
				of basic pay of the position involved as of the beginning of the period of
				service referred to in paragraph (3)(A).
								(B)Lump-sumA
				bonus under this subsection shall be paid in the form of a lump-sum payment and
				shall not be considered to be part of basic pay.
								(3)Service
				agreementsPayment of a bonus under this section shall be
				contingent upon the individual entering into a written service agreement with
				the United States Border Patrol. The agreement shall include—
								(A)the period of
				service the individual shall be required to complete in return for the bonus;
				and
								(B)the conditions
				under which the agreement may be terminated before the agreed-upon service
				period has been completed, and the effect of such termination.
								(4)Limitation on
				eligibilityA bonus under this section may not be paid to recruit
				an individual for—
								(A)a position to
				which an individual is appointed by the President, by and with the advice and
				consent of the Senate;
								(B)a position in the
				Senior Executive Service as a noncareer appointee (as defined in section
				3132(a)); or
								(C)a position which
				has been excepted from the competitive service by reason of its confidential,
				policy-determining, policy-making, or policy-advocating character.
								(5)TerminationThe
				authority to pay bonuses under this subsection shall terminate five years after
				the date of the enactment of this section.
							(b)Retention bonuses
				for Border Patrol agents
							(1)In
				generalIn order to carry out
				the plan described in section 2(a) of the More Border Patrol Agents Now Act of
				2006, the Secretary of Homeland Security may pay a retention bonus to a Border
				Patrol agent.
							(2)Service
				agreementPayment of a bonus under this subsection is contingent
				upon the employee entering into a written service agreement with the United
				States Border Patrol to complete a period of service with the Border Patrol.
				Such agreement shall include—
								(A)the period of service the employee shall be
				required to complete in return for the bonus; and
								(B)the conditions
				under which the agreement may be terminated before the agreed-upon service
				period has been completed, and the effect of such termination.
								(3)Bonus
				amount
								(A)In
				generalThe amount of a bonus
				under this subsection shall be determined by the Secretary, but may not exceed
				25 percent of the annual rate of basic pay of the position involved as of the
				beginning of the period of service referred to in paragraph (2)(A).
								(B)Lump-sumA
				bonus under this subsection shall be paid in the form of a lump-sum payment and
				shall not be considered to be part of basic pay.
								(4)LimitationA
				bonus under this subsection may not be based on any period of service which is
				the basis for a recruitment bonus under subsection (a).
							(5)Termination of
				authorityThe authority to grant bonuses under this subsection
				shall expire five years after the date of the enactment of this section.
							(c)Waiver authority
				relating to reemployed annuitants
							(1)In
				generalIn order to help address the challenges faced by the
				United States Border Patrol, the Secretary of Homeland Security may appoint
				annuitants to positions within the United States Border Patrol in accordance
				with succeeding provisions of this subsection.
							(2)Exclusion from
				offsetAn annuitant serving in a position within the United
				States Border Patrol pursuant to an appointment made under paragraph
				(1)—
								(A)shall not be
				subject to the provisions of section 8344 or 8468, as the case may be;
				and
								(B)shall not, for purposes of subchapter III
				of chapter 83 or chapter 84, be considered an employee.
								(3)Limitations
								(A)AppointmentsThe
				authority to make any appointments under paragraph (1) shall terminate five
				years after the date of the enactment of this subsection.
								(B)ExclusionThe
				provisions of paragraph (2) shall not, in the case of any annuitant appointed
				under paragraph (1), remain in effect—
									(i)with respect to
				more than five years of service (in the aggregate); nor
									(ii)with respect to
				any service performed after the end of the ten-year period beginning on the
				date of the enactment of this subsection.
									(4)No
				displacementNo appointment
				under this subsection may be made if such appointment would result in the
				displacement of any Border Patrol employee.
							(5)DefinitionFor
				purposes of this subsection, the term annuitant has the meaning
				given such term by section 8331 or 8401, as the case may
				be.
							.
			(b)Conforming
			 amendmentThe table of contents for
			 chapter
			 97 of title 5, United States Code, is amended by adding at the
			 end the following:

						9702. Border Patrol agent enhancement.

					.

			Passed the House of
			 Representatives September 26, 2006.
			Karen L. Haas,
			Clerk.


115 SRES 657 ATS: Designating the week of September 23 through 29, 2018, as “National Adult Education and Family Literacy Week”.
U.S. Senate

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EN
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III115th CONGRESS2d SessionS. RES. 657IN THE SENATE OF THE UNITED STATESSeptember 27, 2018Mrs. Murray (for herself, Mr. Alexander, Mr. Donnelly, Ms. Collins, Mr. Reed, Mr. Durbin, Mr. Murphy, and Ms. Klobuchar) submitted the following resolution; which was considered and agreed toRESOLUTIONDesignating the week of September 23 through 29, 2018, as National Adult Education and Family Literacy Week.

 Whereas the Organisation for Economic Co-operation and Development reports that approximately 36,000,000 adults in the United States lack the basic literacy and numeracy necessary to succeed at home, in the workplace, and in society;
 Whereas the literacy of the people of the United States is essential for the economic and societal well-being of the United States;
 Whereas the United States reaps the economic benefits of individuals who improve their literacy, numeracy, and English-language skills;
 Whereas literacy and educational skills are necessary for individuals to fully benefit from the range of opportunities available in the United States;
 Whereas the economy and position of the United States in the world marketplace depend on having a literate, skilled population;
 Whereas the unemployment rate in the United States is highest among those without a high school diploma or an equivalent credential, demonstrating that education is important to economic recovery;
 Whereas the educational skills of the parents of a child and the practice of reading to a child have a direct impact on the educational success of the child;
 Whereas parental involvement in the education of a child is a key predictor of the success of a child, and the level of parental involvement in the education of a child increases as the educational level of the parent increases;
 Whereas parents who participate in family literacy programs become more involved in the education of their children and gain the tools necessary to obtain a job or find better employment;
 Whereas, as a result of family literacy programs, the lives of children become more stable, and the success of children in the classroom and in future endeavors becomes more likely;
 Whereas adults need to be part of a long-term solution to the educational challenges faced by the people of the United States;
 Whereas many older people in the United States lack the reading, math, or English-language skills necessary to read a prescription and follow medical instructions, which endangers the lives of the older people and the lives of their loved ones;
 Whereas many individuals who are unemployed, underemployed, or receive public assistance lack the literacy skills necessary to obtain and keep a job, to continue their education, or to participate in job training programs;
 Whereas many high school dropouts do not have the literacy skills necessary to complete their education, transition to postsecondary education or career and technical training, or obtain a job;
 Whereas a large portion of individuals in prison have low educational skills and prisoners without educational skills are more likely to return to prison once released;
 Whereas many immigrants in the United States do not have the literacy skills necessary to succeed in the United States; and
 Whereas National Adult Education and Family Literacy Week highlights the need to ensure that each individual in the United States has the literacy skills necessary to succeed at home, at work, and in society: Now, therefore, be it

 That the Senate— (1)designates the week of September 23 through 29, 2018, as National Adult Education and Family Literacy Week to raise public awareness about the importance of adult education, workforce skills, and family literacy;
 (2)encourages people across the United States to support programs to assist individuals in need of adult education, workforce skills, and family literacy programs;
 (3)recognizes the importance of adult education, workforce skills, and family literacy programs; and (4)calls on public, private, and nonprofit entities to support increased access to adult education and family literacy programs to ensure a literate society.


114 HR 5622 IH: GPA Act
U.S. House of Representatives
2016-07-05
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EN
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I114th CONGRESS2d SessionH. R. 5622IN THE HOUSE OF REPRESENTATIVESJuly 5, 2016Mr. Aguilar introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend the Higher Education Act of 1965 to give borrowers an option to extend the grace period
			 prior to the beginning of the repayment period, and for other purposes.

 1.Short titleThis Act may be cited as the Grace Period Alleviation Act or the GPA Act. 2.Grace period adjustmentsSection 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended—
 (1)in subsection (b), by adding at the end the following:  (11)Repayment of interestThe Secretary, through a loan modification process, shall pay to each borrower who received a Federal Direct Stafford Loan for which the first disbursement was made during the period between July 1, 2012, and July 1, 2014, an amount equal to the amount of interest that accrued on such loan prior to the beginning of the repayment period.; and
 (2)by adding at the end the following:  (r)Election of extended grace period (1)In generalThe Secretary shall provide an opportunity for each borrower who receives a Federal Direct Stafford Loan or Federal Direct Unsubsidized Stafford Loan to elect a 12-month grace period before beginning repayment on the loan. The Secretary shall—
 (A)notify each such borrower of the opportunity for such an election not later than 45 days before the start of the borrower’s repayment period on the loan;
 (B)advise each such borrower of the financial consequences of electing such 12-month grace period; and (C)not require such a borrower to accept a 12-month grace period, unless the borrower specifically elects such 12-month grace period not later than 14 days before the start of the borrower’s repayment period on the loan.
 (2)Application of section 428(b)(7)With respect to each borrower who makes an election for a 12-month grace period under paragraph (1) of this subsection, section 487(b)(7) shall be applied—
 (A)in subparagraph (A), as if or, in the case of a student who makes an election under section 455(r)(1), 12 months were inserted after 6 months; and (B)in subparagraph (D), as if or, in the case of a student who makes an election under section 455(r)(1), the 12-month period were inserted after 6-month period.
							.


114 S1530 IS: Keeping Moving to Work Promises Act
U.S. Senate
2015-06-09
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		II
		114th CONGRESS1st Session
		S. 1530
		IN THE SENATE OF THE UNITED STATES

			June 9, 2015
			Ms. Mikulski (for herself and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

		A BILL
		To renew certain Moving to Work agreements for a period of 10 years.

		1.Short title
 This Act may be cited as the Keeping Moving to Work Promises Act.
		2.Renewal of Moving to Work agreements
 (a)DefinitionIn this section— (1)the term covered agreement means a Moving to Work demonstration program agreement between a public housing agency and the Secretary pursuant to section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note) that—
 (A)provides for the use of an alternative operating fund formula; and (B)is in effect on the date of enactment of this Act; and
 (2)the term Secretary means the Secretary of Housing and Urban Development. (b)Renewal of agreements (1)In generalThe Secretary shall renew each covered agreement for a period of 10 years.
 (2)Prohibition on changes to financial termsIn renewing a covered agreement under paragraph (1), the Secretary may not make any significant change to the financial terms of the covered agreement.


109 HR 5064 IH: To amend title XVIII of the Social Security Act to eliminate the MA Regional Plan Stabilization Fund and to extend health status adjustment.
U.S. House of Representatives
2006-03-30
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I
109th CONGRESS 2d Session
H. R. 5064
IN THE HOUSE OF REPRESENTATIVES

March 30, 2006
Mrs. Emerson introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend title XVIII of the Social Security Act to eliminate the MA Regional Plan Stabilization Fund and to extend health status adjustment.

1.Elimination of the MA Regional Plan Stabilization Fund
(a)In generalSubsection (e) of section 1858 of the Social Security Act (42 U.S.C. 1395w–27a) is repealed.
(b)Conforming amendmentSection 1858(f)(1) of such Act (42 U.S.C. 1395w–27a(f)(1)) is amended by striking subject to subsection (e),.
(c)Effective dateThe amendments made by this section shall take effect as if included in the enactment of section 221(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2181).
2.Extending application of budget neutrality factor in refinement of health status adjustment in determining the amount of payments to Medicare Advantage organizations Section 1853(a)(1)(C)(ii) of the Social Security Act (42 U.S.C. 1395w–23(a)(1)(C)(ii)), as added by section 5301(b)(2) of the Deficit Reduction Act of 2005 (Public Law 109–171), is amended—
(1)in the heading, by striking during phase-out;
(2)in the matter before subclause (I), by striking For 2006 through 2010 and inserting For years beginning with 2006; and
(3)in subclause (II), by striking only for 2008, 2009, and 2010 and inserting beginning with 2008.


113 HR 1302 IH: To prohibit foreign military financing to Egypt.
U.S. House of Representatives
2013-03-20
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I
113th CONGRESS
1st Session
H. R. 1302
IN THE HOUSE OF REPRESENTATIVES

March 20, 2013
Mr. Austin Scott of Georgia introduced the following bill; which was referred to the Committee on Foreign Affairs

A BILL
To prohibit foreign military financing to Egypt.

1.Prohibition on foreign military financing to Egypt
(a)In generalNotwithstanding any other provision of law, no assistance may be provided to Egypt under section 23 of the Arms Export Control Act (22 U.S.C. 2763).
(b)Effective dateThe prohibition described in subsection (a) shall take effect on the date of the enactment of this Act and apply with respect to funds made available to any Federal department or agency beginning with fiscal year 2014.


109 HR 672 IH: For the relief of Maria Cristina Degrassi.
U.S. House of Representatives
2005-02-08
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V
109th CONGRESS 1st Session
H. R. 672
IN THE HOUSE OF REPRESENTATIVES

February 8, 2005
Mr. Lantos introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
For the relief of Maria Cristina Degrassi.

1.Permanent resident status for Maria Cristina Degrassi
(a)In generalNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Maria Cristina Degrassi shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.
(b)Adjustment of statusIf Maria Cristina Degrassi enters the United States before the filing deadline specified in subsection (c), the alien shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of enactment of this Act.
(c)Deadline for application and payment of feesSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status are filed with appropriate fees within 2 years after the date of enactment of this Act.
(d)Reduction of immigrant visa numbersUpon the granting of an immigrant visa or permanent residence to Maria Cristina Degrassi, the Secretary of State shall instruct the proper officer to reduce by the appropriate number, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act.


116 S2970 IS: Female Body Armor Modernization Act of 2019
U.S. Senate
2019-12-03
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EN
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II116th CONGRESS1st SessionS. 2970IN THE SENATE OF THE UNITED STATESDecember 3, 2019Ms. Ernst (for herself, Ms. Duckworth, Ms. McSally, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo improve the fielding of newest generations of personal protective equipment to the Armed Forces,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Female Body Armor Modernization Act of 2019 .
		2.Findings and sense of Congress
 (a)FindingsCongress makes the following findings: (1)Ill-fitting personal protective equipment (PPE) for members of the Armed Forces impedes performance and lethality by reducing range of motion, speed, and agility, and can interfere with the aim of shoulder-braced weapons.
 (2)Access to female-specific personal protective equipment, or smaller sized unisex personal protective equipment, has traditionally been limited. Such equipment has typically been provided only to some deploying members of the Armed Forces, but not to those going through initial entry training (IET), or for regular unit training events.
 (3)Members of the Armed Force need to be familiarized with and train in their combat gear before deploying in order to be fully prepared and mission capable.
 (4)Research shows that poorly fitting personal protective equipment is a leading cause of preventable injury for all members of the Armed Forces, whether deployed or in training.
 (5)Studies on operational physical performance and fitness in female members of the Armed Forces suggest that the best way to decrease the likelihood of injury is through consistent physical training with equipment that mirrors that which is used in a combat environment.
 (6)Properly fitting personal protective equipment for training and deployment will assist in the gender-integration process in the Armed Forces as well as improve overall combat effectiveness, while simultaneously bringing about a reduction in injuries.
 (b)Sense of CongressIt is the sense of Congress— (1)that committed resources for new generation personal protective equipment for female warfighters is essential to their warfighting readiness;
 (2)to encourage the Armed Forces to expedite contracting for and procurement and fielding of new generation personal protective equipment that better fits and protects all members of the Armed Forces, including female members, and reduces preventable injuries; and
 (3)to encourage collaboration between the Armed Forces, academia, and industry on the use of emerging technologies, such as Artificial Intelligence (AI), human factors modeling, and digital predictive human modeling, in the development of next generation of combat equipment and personal protective equipment.
				3.Reports on fielding of newest generations of personal protective equipment to the Armed Forces
 (a)Reports requiredNot later than January 31, 2021, each Secretary of a military department shall submit to Congress a report on the fielding of the newest generations of personal protective equipment to the Armed Forces under the jurisdiction of such Secretary.
 (b)ElementsEach report under subsection (a) shall include, for each Armed Force covered by such report, the following:
 (1)A description and assessment of the fielding of newest generations of personal protective equipment to members of such Armed Force, including the following:
 (A)The number (aggregated by total number and by sex) of members of such Armed Force issued the Army Soldiers Protective System and the Modular Scalable Vest Generation II body armor as of December 31, 2020.
 (B)The number (aggregated by total number and by sex) of members of such Armed Force issued Marine Corps Plate Carrier Generation III (PC Gen III) body armor as of that date.
 (C)The number (aggregated by total number and by sex) of members of such Armed Force fitted with legacy personal protective equipment as of that date.
 (2)A description and assessment of the barriers, if any, to the fielding of such generations of equipment to such members.
 (3)A description and assessment of challenges in the fielding of such generations of equipment to such members, including cost overruns, contractor delays, and other challenges.
				4.System for tracking data on injuries among members of the Armed Forces in the use of newest
			 generation personal protective equipment
			(a)System required
 (1)In generalThe Director of the Defense Health Agency (DHA) shall develop and maintain a system for tracking data on injuries among members of the Armed Forces in and during the use of newest generation personal protective equipment.
 (2)Scope of systemThe system required by this subsection may, at the election of the Director, be new for purposes of this subsection or within or a modification of an appropriate existing system (such as the Defense Occupational And Environmental Health Readiness System (DOEHRS)).
 (b)ReportNot later than January 31, 2025, the Director shall submit to Congress a report on the prevalence among members of the Armed Forces of preventable injuries attributable to ill-fitting or malfunctioning personal protective equipment.
			5.Inclusion in annual Periodic Health Assessments of members of the Armed Forces of questions on
			 injuries incurred in connection with ill-fitting or malfunctioning
 personal protective equipmentThe annual Periodic Health Assessment (PHA) of members of the Armed Forces undertaken after the date of the enactment of this Act shall include one or more questions on whether members incurred an injury in connection with ill-fitting or malfunctioning personal protective equipment during the period covered by such assessment, including the nature of such injury.


115 HR 6583 IH: Big Sand Wash Project Title Transfer Act
U.S. House of Representatives
2018-07-26
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I115th CONGRESS2d SessionH. R. 6583IN THE HOUSE OF REPRESENTATIVESJuly 26, 2018Mr. Bishop of Utah introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo authorize the Secretary of the Interior to convey certain lands and facilities of the Big Sand
			 Wash Project, Utah.

 1.Short titleThis Act may be cited as the Big Sand Wash Project Title Transfer Act. 2.DefinitionsIn this Act:
 (1)Acquired landsThe term Acquired Lands means those lands that were acquired by the Central Utah Water Conservancy District with Federal and District funds for the purpose of water storage and conveyance in the Big Sand Wash Facilities.
 (2)AssociationThe term Association means the Moon Lake Water Users Association, an association of 8 irrigation companies in Utah. (3)Big sand wash facilitiesThe term Big Sand Wash Facilities—
 (A)means the following features that are part of the Uinta Basin Replacement Project authorized by the Central Utah Project Completion Act (Public Law 102–575)—
 (i)the Big Sand Wash Dam, including the enlarged reservoir and outlet works; (ii)the Feeder Pipeline;
 (iii)the Feeder Diversion; (iv)the Roosevelt Pipeline; and
 (v)the Big Sand Wash Facilities; and (B)does not include—
 (i)the Moon Lake Dam and Reservoir; and (ii)the modified outlet works.
 (4)DistrictThe term District means the Central Utah Water Conservancy District, a political subdivision of the State of Utah with certain responsibilities for the implementation of the Central Utah Project Completion Act.
 (5)Duchesne countyThe term Duchesne County means the Duchesne County Water Conservancy District in Duchesne County, Utah. (6)Federal landsThe term Federal Lands means parcels of federally owned lands and easements acquired for the expansion of the Big Sand Wash Facilities, and includes those original, Association lands deeded to the United States in November 2001 as a permanent easement for the conveyance and storage of water and the right of ingress and egress.
 (7)Feeder diversionThe term Feeder Diversion means the diversion structure and appurtenances constructed in the Lake Fork River to divert water into the Big Sand Wash Project, and includes the property acquired by easement for the diversion structure and rights of egress and ingress to the property.
 (8)Feeder pipelineThe term Feeder Pipeline means the pipeline and appurtenances constructed from the Feeder Diversion to the Big Sand Wash Reservoir, and includes the property acquired by easement for the pipeline.
 (9)Roosevelt pipelineThe term Roosevelt Pipeline means the pipeline and appurtenances constructed to deliver project and non-project water from the Big Sand Wash Facilities for the Association and Duchesne County, and includes the property acquired by easement for the pipeline.
 (10)SecretaryThe term Secretary means the Secretary of the Interior or a designee of the Secretary. (11)Uinta basin replacement projectThe term Uinta Basin Replacement Project applies to the project that was authorized by the Central Utah Project Completion Act to enlarge the Big Sand Wash Dam and Reservoir, construct the Feeder Diversion, construct the Feeder Pipeline, construct the Roosevelt Pipeline, modify the Moon Lake outlet works, develop mitigation lands, and develop other facilities as required to complete project purposes.
			3.Conveyance of facilities and land
 (a)In generalSubject to subsection (b) and in consideration of the District assuming from the United States all liability for administration, operation, and maintenance of the Big Sand Wash Facilities, the Secretary shall convey to the District all right, title, and interest of the United States in and to the Acquired Lands, the Federal Lands, and the Big Sand Wash Facilities in existence on the date of the enactment of this Act.
 (b)ConditionsThe conveyance under subsection (a) shall not be completed until all of the following occur: (1)The District pays to the Secretary the net present value of the remaining repayment obligations identified in the Water Service Contract, Supplement No. 2, Contract No. 14–06–400–4286 and Block Notice Number UBRP1, as determined by Office of Management and Budget Circular A–129 (in effect on the date of the enactment of this Act). Such prepayment shall not affect the contract to deliver water between the District and Duchesne County and shall remedy all outstanding issues relating to the District’s expenditure of Federal funds for land acquisition.
 (2)The Association, the District, and Duchesne County enter into an agreement, only as mutually deemed necessary by the Parties, reflecting as much as possible the existing operating agreement, Agreement No. 01–07–40–R7020 dated November 15, 2001, that provides for the future operation of and delivery of water from the Big Sand Wash Facilities.
 (3)The Association and the District enter into an agreement to convey Acquired Lands, Federal Lands, the Feeder Diversion, and the Feeder Pipeline to the Association.
 (4)The Association and the District enter into an agreement that ensures the minimum stream flow requirements contained in the Final Environmental Assessment, section 203(a), Uinta Basin Replacement Project, dated October 2001.
 (5)The District and the United States enter into an agreement that ensures the minimum stream flow requirements contained in the Final Environmental Assessment, section 203(a), Uinta Basin Replacement Project, dated October 2001.
 (6)The District enters into an agreement to convey Acquired Lands and Federal Lands to the Utah Department of Transportation.
 (7)The District enters into an agreement to convey the Roosevelt Pipeline to Duchesne County. (c)Prepayment authorityThe District is hereby granted authority to prepay, at net present value as determined by Office of Management and Budget Circular A–129 (as in effect on the date of the enactment of this Act), all irrigation block notices associated with the Bonneville Unit of the Central Utah Project.
 (d)Payment of costsThe District shall pay any necessary and reasonable administrative and real estate transfer costs incurred by the Secretary in carrying out the conveyance authorized by subsection (a).
			(e)Compliance with environmental laws
 (1)In generalBefore conveying land and facilities under subsection (a), the Secretary shall comply with all applicable requirements under—
 (A)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
 (C)any other law applicable to the land and facilities. (2)EffectNothing in this Act modifies or alters any obligations under—
 (A)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
 4.Relationship to Uinta Basin Replacement ProjectAfter the conveyance authorized under section 3(a), the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the Big Sand Wash Facilities, Acquired Lands, and Federal Lands, except for damages caused by acts of negligence committed by the United States or by any employee or agent of the United States before the date of the conveyance, consistent with chapter 171 of title 28, United States Code.
 5.ReportIf the conveyance authorized by section 3(a) is not completed by the date that is 12 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report that—
 (1)describes the status of the conveyance; (2)describes any obstacles to completing the conveyance; and
 (3)specifies an anticipated date for completion of the conveyance.


115 HR 5476 IH: Special Counsel Independence and Integrity Act
U.S. House of Representatives
2018-04-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 5476IN THE HOUSE OF REPRESENTATIVESApril 11, 2018Mr. Nadler (for himself, Ms. Jackson Lee, and Mr. Cohen) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo ensure independent investigations and judicial review of the removal of a special counsel, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Special Counsel Independence and Integrity Act. 2.Limitation on removal of special counsel (a)In generalA special counsel appointed by the Attorney General, or any other official appointed by the Attorney General who exercises a similar degree of independence from the normal Department of Justice chain of command, may be removed from office only by the personal action of an Attorney General who has been confirmed by the Senate, or, if the Attorney General is recused from the matter, the most senior Department of Justice official who has been confirmed by the Senate and is not recused from the matter.
 (b)Removal for causeA special counsel or other appointed official described in subsection (a) may be removed only for misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause, including violation of policies of the Department of Justice.
			(c)Notice of removal
 (1)In generalThe Attorney General or other Department of Justice official described in subsection (a), as the case may be, shall provide written notice to the special counsel or other appointed official described in subsection (a) of the specific reason or reasons for the removal.
 (2)Effective date of removalExcept as provided in subsection (e), removal under this section shall become effective on the date that is 10 days after the date on which the written notice was provided under paragraph (1).
 (d)TimingNot later than 10 days after the date on which written notice was provided under subsection (c)(1), the special counsel or other appointed official described in subsection (a), as the case may be, may file an action challenging the removal in accordance with subsection (e).
			(e)Review
 (1)In generalAn individual that received written notice under subsection (c)(1) may file an action in accordance with paragraph (2) that the removal was in violation of this Act.
 (2)RequirementsAny action filed under this subsection shall be heard and determined by a court of 3 judges not later than 14 days after the date on which the action is filed in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court.
 (3)ReliefIf a court determines that the removal of the individual who filed an action under this subsection violates this Act, the removal shall not take effect. The court may also provide other appropriate relief.
				(4)Status during proceedings
 (A)In generalAt the request of the individual who filed an action under this subsection, the court shall determine whether the individual shall remain in office during the pendency of the action described in paragraph (2).
 (B)Preservation of materialsDuring the pendency of an action filed under this subsection, the staff, documents, and materials of the special counsel or other appointed official described in subsection (a) shall be preserved.
 (C)LimitationDuring the pendency of an action filed under this subsection, a replacement for the special counsel or other appointed official described in subsection (a) who is challenging the removal shall not be designated.
 (f)Effective dateThis Act shall apply to any special counsel or other appointed official described in subsection (a) appointed on or after January 1, 2017.
 (g)SeverabilityIf any provision of this Act or the application of such provision to any person or circumstance is held to be invalid or unconstitutional, the remainder of this Act and the application of the provisions of this Act to any person or circumstance shall remain and shall not be affected thereby.


110 HR 5757 IH: Medicaid Fraud Reduction Act of 2008
U.S. House of Representatives
2008-04-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS 2d Session
H. R. 5757
IN THE HOUSE OF REPRESENTATIVES

April 10, 2008
Mr. Deal of Georgia (for himself, Mr. Burgess, Mrs. Blackburn, Mr. Shadegg, Mr. Sullivan, Mr. Terry, Mr. Hall of Texas, Mr. Westmoreland, Mr. Upton, and Mr. Gingrey) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend title XIX of the Social Security Act to require asset verification through access to information held by financial institutions, to reduce fraud and abuse in State Medicaid programs, and for other purposes.

1.Short titleThis Act may be cited as the Medicaid Fraud Reduction Act of 2008.
2.Asset verification through access to information held by financial institutions
(a)Addition of authorityTitle XIX of the Social Security Act is amended by inserting after section 1939 the following new section:

1940.Asset verification through access to information held by financial institutions
(a)Implementation
(1)In generalSubject to the provisions of this section, each State shall implement an asset verification program described in subsection (b), for purposes of determining or redetermining the eligibility of an individual for medical assistance under the State plan under this title.
(2)Plan submittalIn order to meet the requirement of paragraph (1), each State shall—
(A)submit not later than January 1, 2009, a State plan amendment under this title that describes how the State intends to implement the asset verification program; and
(B)provide for implementation of such program for eligibility determinations and redeterminations made on or after July 1, 2009.
(b)Asset verification program
(1)In generalFor purposes of this section, an asset verification program means a program described in paragraph (2) under which a State—
(A)requires each applicant for, or recipient of, medical assistance under the State plan under this title to provide authorization by such applicant or recipient (and any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient for such assistance) for the State to obtain (subject to the cost reimbursement requirements of section 1115(a) of the Right to Financial Privacy Act) from any financial institution (within the meaning of section 1101(1) of such Act) any financial record (within the meaning of section 1101(2) of such Act) held by the institution with respect to the applicant or recipient (and such other person, as applicable), to permit the State to obtain such record whenever the State determines the record is needed in connection with a determination with respect to such eligibility for (or the amount or extent of) such medical assistance; and
(B)uses the authorization provided under subparagraph (A) to verify the financial resources of such applicant or recipient (and such other person, as applicable), in order to determine or redetermine the eligibility of such applicant or recipient for medical assistance under the State plan.
(2)Program describedA program described in this paragraph is a program for verifying individual assets in a manner consistent with the approach used by the Commissioner of Social Security under section 1631(e)(1)(B)(ii).
(c)Duration of authorizationNotwithstanding section 1104(a)(1) of the Right to Financial Privacy Act, an authorization provided to a State under subsection (b)(1) shall remain effective until the earliest of—
(1)the rendering of a final adverse decision on the applicant’s application for medical assistance under the State’s plan under this title;
(2)the cessation of the recipient’s eligibility for such medical assistance; or
(3)the express revocation by the applicant or recipient (or such other person described in subsection (b)(1), as applicable) of the authorization, in a written notification to the State.
(d)Treatment of right to financial privacy act requirements
(1)An authorization obtained by the State under subsection (b)(1) shall be considered to meet the requirements of the Right to Financial Privacy Act for purposes of section 1103(a) of such Act, and need not be furnished to the financial institution, notwithstanding section 1104(a) of such Act.
(2)The certification requirements of section 1103(b) of the Right to Financial Privacy Act shall not apply to requests by the State pursuant to an authorization provided under subsection (b)(1).
(3)A request by the State pursuant to an authorization provided under subsection (b)(1) is deemed to meet the requirements of section 1104(a)(3) of the Right to Financial Privacy Act and of section 1102 of such Act, relating to a reasonable description of financial records.
(e)Required disclosureThe State shall inform any person who provides authorization pursuant to subsection (b)(1)(A) of the duration and scope of the authorization.
(f)Refusal or revocation of authorizationIf an applicant for, or recipient of, medical assistance under the State plan under this title (or such other person described in subsection (b)(1), as applicable) refuses to provide, or revokes, any authorization made by the applicant or recipient (or such other person, as applicable) for the State to obtain from any financial institution any financial record, the State shall, on that basis, determine that the applicant or recipient is ineligible for medical assistance.
(g)Use of contractorFor purposes of implementing an asset verification program under this section, a State may select and enter into a contract with a public or private entity meeting such criteria and qualifications as the State determines appropriate.
(h)Technical assistanceThe Secretary shall provide States with technical assistance to aid in implementation of an asset verification program under this section.
(i)ReportsA State implementing an asset verification program under this section shall furnish to the Secretary such reports concerning the program, at such times, in such format, and containing such information as the Secretary determines appropriate.
(j)Payment adjustment
(1)In generalIn the case of a State that submits the State plan amendment required under subsection (a)(2)(A) by January 1, 2009, in addition to any other amounts payable to the State under this title (and notwithstanding the limitations of subsections (f) and (g) of section 1108), there shall be paid to the State under section 1903(a) for the calendar quarter beginning on such date, the amount of $1,000,000.
(2)Recovery of payments for programs not implemented by July 1, 2009In the case of a State that received an additional payment under paragraph (1) and fails to implement the asset verification program by July 1, 2009, the amount paid to the State under such paragraph shall be subject to disallowance and recovery.
(k)Treatment of program expensesNotwithstanding any other provision of law, reasonable expenses of States in carrying out the program under this section shall be treated, for purposes of section 1903(a), in the same manner as State expenditures specified in paragraph (7) of such section. .
(b)State plan requirementsSection 1902(a) of such Act (42 U.S.C. 1396a(a)) is amended—
(1)in paragraph (69) by striking and at the end;
(2)in paragraph (70) by striking the period at the end and inserting ; and; and
(3)by inserting after paragraph (70), as so amended, the following new paragraph:

(71)provide that the State will implement an asset verification program under section 1940. .
(c)Withholding of federal matching payments for noncompliant statesSection 1903(i) of such Act (42 U.S.C. 1396b(i)) is amended—
(1)in paragraph (22) by striking or at the end;
(2)in paragraph (23) by striking the period at the end and inserting ; or; and
(3)by adding after paragraph (23) the following new paragraph:

(24)if a State fails to implement an asset verification program in accordance with the requirements of section 1940, with respect to amounts expended by such State for medical assistance for individuals subject to asset verification under such section, unless—
(A)the State demonstrates to the Secretary’s satisfaction that the State made a good faith effort to comply;
(B)not later than 60 days after the date of a finding of that the State is in noncompliance, the State submits to the Secretary (and the Secretary approves) a corrective action plan to remedy such noncompliance; and
(C)not later than 12 months after the date of such submission (and approval), the State fulfills the terms of such corrective action plan. .
(d)RepealSection 4 of Public Law 110–90 is repealed.
3.Funds for States to reduce Medicaid fraudSection 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection:

(aa)Payments To reduce fraud
(1)PaymentsIn addition to the payments otherwise provided under subsection (a), subject to paragraph (2), the Secretary shall provide for payments to eligible States under such subsection to establish and carry out practices to reduce fraud under the State Medicaid program under this title.
(2)LimitationThe total amount of payments under this subsection shall not exceed $250,000,000, and shall be available to the Secretary for payments under this subsection during fiscal years 2009 and 2010 and during subsequent fiscal years in the case described in paragraph (6)(B). This subsection constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this subsection.
(3)EligibilityThe Secretary shall provide for a payment to a State under paragraph (1) if such State—
(A)demonstrates to the satisfaction of the Secretary a need for assistance to reduce fraud under the State Medicaid program;
(B)provides an effective proposal to reduce such fraud; and
(C)satisfies any other criteria specified by the Secretary.
(4)Form and manner of paymentPayment to a State under this subsection shall be made only upon the submission to the Secretary of such application in such form and in such manner as the Secretary shall specify. Payment to a State under this subsection shall be made in the same manner as other payments under subsection (a). There is no requirement for State matching funds to receive payments under this subsection.
(5)NotificationThe Secretary shall provide for States to be notified of the opportunity to receive payments under this subsection as soon as feasible after the date of the enactment of this subsection, but not later than April 1, 2009.
(6)Availability of payments to States
(A)In generalPayment to a State under this subsection shall be available to the State during the period provided in the approved proposal of the State provided under paragraph (3).
(B)Recovery and reuse of misspent fundsAmounts paid to a State under this subsection that are expended in a manner inconsistent with the approved proposal of the State under paragraph (3) are subject to disallowance and recovery. Insofar as such amounts are so disallowed and recovered such amounts shall be made available to other States under this subsection.
(7)ReportsEach State receiving payment under this subsection shall submit to the Secretary a reports on the impact of the practices carried out with such payment on the reduction of fraud under the State Medicaid program, as specified by the Secretary. .
4.Funds to reduce Medicaid fraud and abuse
(a)In generalFor purposes of reducing fraud and abuse in the Medicaid program under title XIX of the Social Security Act, there is appropriated to the Secretary of Health and Human Services, out of any money in the Treasury not otherwise appropriated, $25,000,000, for fiscal year 2009 and each subsequent fiscal year, to be equally divided between the Office of the Inspector General of the Department of Health and Human Services and the Center for Medicaid and State Operations of the Centers for Medicare & Medicaid Services. Amounts appropriated under this section shall remain available for expenditure until expended and shall be in addition to any other amounts appropriated or made available to the Office of Inspector General or the Center for Medicaid and State Operations for activities of such Office or Center, respectively, with respect to the Medicaid program.
(b)Annual reportNot later than September 30 of 2009 and of each subsequent year, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the activities (and the results of such activities) funded under subsection (a) to reduce fraud and abuse in the Medicaid program under title XIX of the Social Security Act during the previous 12 month period, including the amount of funds appropriated under such subsection (a) for each such activity and an estimate of the savings to the Medicaid program resulting from each such activity.
5.Electronic verification of property transfers
(a)ReportNot later than July 1, 2009, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report that—
(1)examines the feasibility of implementing a system under which transfers of assets, particularly real property, of applicants and recipients of medical assistance under State plans under title XIX of the Social Security Act are verified electronically for purposes of carrying out section 1917(c) of such Act (42 U.S.C. 1396p(c)); and
(2)estimates the potential savings to the Medicaid program under such title from requiring States to implement such a system.
(b)Authorized implementationIf the Secretary of Health and Human Services determines, based on the report under subsection (a), that it would be feasible and cost-effective to implement a system described in paragraph (1) of such subsection, the Secretary is authorized to require States in their State plans under title XIX of the Social Security Act to implement such a system. For purposes of meeting such requirement, a State may select and enter into a contract with a public or private entity.
6.Disallowance of expenses associated with certain consultants
(a)Withholding of federal matching payments for noncompliant statesSection 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)), as amended by section 2(c) of this Act, is amended—
(1)in paragraph (23) by striking or at the end;
(2)in paragraph (24) by striking the period at the end and inserting ; or; and
(3)by adding after paragraph (24) the following new paragraph:

(25)with respect to amounts expended by such State—
(A)other than for compensation of a State employee or payment to an entity that is part of a State government, for the purpose of increasing the amount of payments made to the State under this title; and
(B)for some or all (as determined by the Secretary) of any additional amounts of Federal payments to the State that the Secretary determines are attributable to expenditures described in subparagraph (A). .
(b)Effective dateThe amendments made by subsection (a) shall apply with respect to expenditures described in subparagraph (A) of section 1903(i)(25) of the Social Security Act, as added by subsection (a), made on or after October 1, 2008, regardless of whether such expenditures were pursuant to contracts or arrangements entered into before, on, or after such date.
7.State Internet-based Transparency Programs under MedicaidTitle XIX of the Social Security Act, as amended by section 2(a) is further amended by inserting after section 1940 the following new section:

1941.State Internet-based Transparency Programs
(a)In generalNot later than July 1, 2009, subject to subsection (h), each of the 50 States and the District of Columbia shall submit a State plan amendment described in subsection (b) to create an Internet-based transparency program for purposes of improving public disclosure of information relating to payments made under the State plan under this title.
(b)Eligible State plan amendmentA State plan amendment described in this subsection is a State plan amendment that provides for the following:
(1)Program describedA program under which the State discloses through a publicly accessible Internet site the following information:
(A)The name of each hospital, nursing facility, outpatient surgery center, intermediate care facility for the mentally retarded, institution for mental diseases, that receives payment under this title for the provision of health care items and services, and, at the option of the State, such other health care provider (such as a physician) that receives payment under this title for the provision of health care items and services.
(B)The total amount of payments made under this title to each entity described in subparagraph (A).
(C)The amount of dollars paid per patient to each such entity.
(2)Implementation dateThe implementation of such a program described in paragraph (1) by January 1, 2010.
(c)Use of ContractorFor purposes of implementing an Internet-based transparency program, a State or the District of Columbia may select and enter into a contract with a public or private entity meeting such criteria and qualifications as the State determines appropriate.
(d)Bonus payment for timely submission of State plan amendments
(1)In generalIn the case of a State that submits the State plan amendment under subsection (a) by July 1, 2009, in addition to any other amounts payable to the State under this title there shall be paid to the State under section 1903(a) for the calendar quarter beginning on such date the amount of $1,000,000.
(2)Recovery of payments for programs not implemented by January 1, 2010In the case of a State that received an additional payment under paragraph (1) and that fails to implement an Internet-based transparency program by January 1, 2010, the amount paid to the State under such paragraph shall be subject to disallowance and recovery.
(e)Incentives for ImplementationIf the Secretary determines that one of the 50 State or the District of Columbia has not implemented an Internet-based transparency program for any day after January 1, 2010, the Secretary shall reduce the amount paid to the State or the District of Columbia, respectively, under section 1903(a) by $25,000 for each such day. Such reduction shall be made unless—
(1)the State or the District of Columbia, respectively, demonstrates to the Secretary’s satisfaction that the State made a good faith effort to have such a program implemented;
(2)not later than 60 days after the date of a finding that the State or the District of Columbia, respectively, has not implemented such a program, the State or the District of Columbia, respectively, submits to the Secretary (and the Secretary approves) a corrective action plan to implement such a program; and
(3)not later than 12 months after the date of such submission (and approval), the State or the District of Columbia, respectively, fulfills the terms of such corrective action plan.
(f)Technical AssistanceThe Secretary shall provide States with technical assistance to aid in implementation of an Internet-based transparency program.
(g)ReportsA State implementing an Internet-based transparency program under this section shall furnish to the Secretary such reports concerning the program, at such times, in such format, and containing such information as the Secretary determines appropriate.
(h)Treatment of commonwealths and territoriesA commonwealth or territory may, but is not required to, submit a State plan amendment described in subsection (b) to create an Internet-based transparency program under this section. Payment under subsection (e) shall not be counted against payment limitations imposed under subsection (f) and (g) of section 1108.
(i)Internet-based transparency program definedFor purposes of this section, the term Internet-based transparency program means the program described in subsection (b)(1). .
8.Permitting limitations, restrictions, and suspensions of Medicaid eligibility in cases of fraud
(a)In generalSection 1128B(a) of the Social Security Act (42 U.S.C. 1320a–7b(a)) is amended by adding at the end the following sentence: In addition, in any case where an individual who is otherwise eligible for medical assistance under a State Medicaid program under title XIX is convicted of an offense of fraud or abuse, relating to such program, under State law or is the subject of a Federal or State civil court judgment or administrative agency decision based on fraud or abuse relating to such program, the Director of the State Medicaid program may at the option of the Director (notwithstanding any other provision of such program) limit, restrict, or suspend the eligibility of that individual, with respect to such program, for such period (not exceeding 10 years) as the Director deems appropriate and the Administrator of the Centers of Medicare & Medicaid Services may at the option of the Administrator (notwithstanding any other provision of such program) deny payment under section 1903(a) for any amounts expended as medical assistance with respect to such individual for such period (not exceeding 10 years) as the Administrator deems appropriate; but the imposition of a limitation, restriction, suspension, or denial with respect to the eligibility of any individual under this sentence shall not affect the eligibility of any other person for assistance under the program, regardless of the relationship between that individual and such other person..
(b)Effective dateThe amendment made by subsection (a) shall apply to convictions, judgments, and decisions occurring on or after the date of the enactment of this Act.
9.Extended period to recover Medicaid overpayments in cases of fraud and abuse
(a)In generalSection 1903(d)(2)(C) of the Social Security Act (42 U.S.C. 1396b(d)(2)(C)) is amended by adding at the end the following new sentence: Notwithstanding the previous provisions of this subparagraph, the Secretary may extend the period of recovery and payment adjustment from 60 days to a period of 1 year in the case of an overpayment that was the result of fraud or abuse..
(b)Effective dateThe amendments made by subsection (a) shall apply to overpayments discovered on or after the date of the enactment of this Act.


113 S2893 IS: Workforce Residential Housing Act of 2014
U.S. Senate
2014-09-18
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.

II113th CONGRESS2d SessionS. 2893IN THE SENATE OF THE UNITED STATESSeptember 18, 2014Mr. Moran (for himself and Ms. Heitkamp) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo authorize the use of multifamily housing subject to a mortgage insured under section 207 of the
			 National Housing Act as short-term residential housing.1.Short titleThis Act may be cited as the Workforce Residential Housing Act of 2014.2.Short-term
			 residential housing(a)In generalSection
			 513 of the National Housing Act (12 U.S.C. 1731b) is amended—(1)in subsection
			 (b)—(A)in clause (1), by
			 striking or at the end; and(B)by inserting
			 before the period at the end the following: , or (3) the project is a
			 short-term residential property (as such term is defined in subsection (e)
			 of
			 this section) and is subject to a mortgage insured under section 207 (12
			 U.S.C.
			 1713), provided that the Secretary has made a determination pursuant to
			 the study and report required under section 2(b) of the Workforce Residential Housing Act of 2014 that the provision of such insurance is
			 appropriate; and(2)in subsection
			 (e)—(A)in clause (1), by
			 striking and at the end; and(B)by inserting
			 before the period at the end the following: , and (3) the term
			 short-term residential property means multifamily housing that
			 (A) has more than 50 dwelling units that each contain a kitchen, including
			 a
			 full refrigerator and cooking surface, and bathroom facilities, (B)
			 provides
			 mail boxes for each unit, (C) rents such units for a minimum stay of 7
			 days, and (D) does not provide food or beverage services, including
			 in-room
			 service, daily maid services, furnishing and laundering of linen without
			 charge, or bellhop services.(b)Study(1)In generalNot later than 6 months after the date of enactment of this Act, the Secretary of Housing and Urban
			 Development shall—(A)conduct and complete a study evaluating the risk of the
			 provision of insurance under section 207 of the National Housing Act (12
			 U.S.C. 1713) for short-term residential properties; and(B)submit a report to the Committee on Banking, Housing,
			 and Urban Affairs of the Senate and the Committee on Financial Services of
			 the House of Representatives, which shall include—(i)the findings of the study required under subparagraph (A); and(ii)a determination as to whether any additional risk presented to the General Insurance Fund resulting
			 from the provision of insurance under section 207 of the National Housing
			 Act (12 U.S.C. 1713) for short-term residential properties is appropriate.(2)Contents of studyIn conducting the study required under paragraph (1)(A), the Secretary of Housing and Urban
			 Development shall—(A)evaluate whether the provision of insurance under section 207 of the National Housing Act (12
			 U.S.C. 1713) for short-term residential properties presents any additional
			 risk to the General Insurance Fund; and(B)consider any additional operational and logistical costs associated with providing such insurance.(3)DefinitionsIn this subsection—(A)the term General Insurance Fund means the fund established under section 519 of the National Housing Act (12 U.S.C. 1735c); and(B)the term short-term residential properties has the meaning given the term under section 513(e)(3) of the National Housing Act (12 U.S.C.
			 1731b(e)(3)), as added by subsection (a).


113 HR 506 IH: Jane’s Law
U.S. House of Representatives
2013-02-05
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
113th CONGRESS
1st Session
H. R. 506
IN THE HOUSE OF REPRESENTATIVES

February 5, 2013
Mr. Cohen (for himself, Mr. Poe of Texas, Mr. Costa, Ms. Bordallo, and Mr. Deutch) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To amend title 18, United States Code, to strengthen enforcement of spousal court-ordered property distributions, and for other purposes.

1.Short titleThis Act may be cited as the Jane’s Law.
2.Spousal obligations
(a)In GeneralChapter 11A of title 18, United States Code, is amended by adding at the end the following:

228A.Failure to pay legal spousal court-ordered property distribution
(a)OffenseWhoever knowingly, travels in interstate or foreign commerce, with the intent to evade compliance with a court ordered property distribution as part of a separation or divorce settlement involving more than $5,000, with respect to a spouse or former spouse, shall be fined under this title or imprisoned for not more than two years or both.
(b)Mandatory RestitutionUpon a conviction under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid property distribution.
(c)DefinitionThe term court ordered property distribution means any amount determined under a court order pursuant to the law of a State or of an Indian tribe to be due from a spouse or former spouse as an equitable or other distribution to a spouse or former spouse of assets in connection with a separation or divorce..
(b)Clerical amendments
(1)Table of sectionsThe table of sections at the beginning of chapter 11A of title 18, United States Code, is amended by adding at the end the following new item:

228A. Failure to pay legal spousal obligations..
(2)Table of chaptersThe item in the table of chapters for part I of title 18, United States Code, relating to chapter 11A is amended to read as follows:

11A.Child support and spousal obligations228.


116 S2496 IS: Stop the Wait Act
U.S. Senate
2019-09-18
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.

		II
		116th CONGRESS1st Session
		S. 2496
		IN THE SENATE OF THE UNITED STATES

			September 18, 2019
			Mr. Casey (for himself, Mr. Brown, Mr. Leahy, and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend title II of the Social Security Act to eliminate the Medicare and disability insurance
			 benefits waiting periods for disabled individuals.

		1.Short title
 This Act may be cited as the Stop the Wait Act.
		2.Elimination of disability waiting period for social security disability insurance benefits and
			 surviving spouse benefits
 (a)Elimination of waiting period for disability insurance benefitsSection 223 of the Social Security Act (42 U.S.C. 423) is amended— (1)in subsection (a)—
 (A)in paragraph (1), in the matter following subparagraph (E)— (i)by striking disability insurance benefit (i) for each month and all that follows through , or (ii) and inserting disability insurance benefit; and
 (ii)by striking , but only if and all that follows through under such disability; and (B)in paragraph (2), by striking as though he had attained age 62 in— and all that follows through such disability insurance benefits, and inserting as though the individual had attained age 62 in the first month for which the individual becomes entitled to such disability insurance benefits,; and
 (2)in subsection (c), by striking paragraph (2). (b)Elimination of waiting period for surviving spouse and surviving divorced spouse benefitsSection 202 of the Social Security Act (42 U.S.C. 402) is amended—
 (1)in subsection (e)— (A)in paragraph (1), in the matter following subparagraph (D), by striking beginning with— and all that follows through on such basis terminated, and inserting beginning with the first month in which she becomes so entitled to such insurance benefits;
 (B)by striking paragraph (5); and (C)by redesignating paragraphs (6) through (8) as paragraphs (5) through (7); and
 (2)in subsection (f)— (A)in paragraph (1), in the matter following subparagraph (D), by striking beginning with— and all that follows through on such basis terminated, and inserting beginning with the first month in which he becomes so entitled to such insurance benefits;
 (B)by striking paragraph (5); and (C)by redesignating paragraphs (6) through (8) as paragraphs (5) through (7).
 (c)Effective dateThe amendments made by this section shall apply with respect to applications for disability insurance benefits, widow's insurance benefits, and widower's insurance benefits filed on or after the date of the enactment of this Act.
			3.Phase-out of waiting
			 period for Medicare disability benefits
			(a)In
 generalSection 226(b) of the Social Security Act (42 U.S.C. 426(b)) is amended—
 (1)in paragraph (2)(A), by striking , and has for 24 calendar months been entitled to, and inserting , and for not less than the waiting period (as defined in subsection (j)) has been entitled to,;
 (2)in paragraph (2)(B), by striking , and has been for not less than 24 months, and inserting , and has been for not less than the waiting period (as defined in subsection (j)),;
 (3)in paragraph (2)(C)(ii), by striking , including the requirement that he has been entitled to the specified benefits for 24 months, and inserting , including the requirement that the individual has been entitled to the specified benefits for the waiting period (as defined in subsection (j)),; and
 (4)in the flush matter following paragraph (2)(C)(ii)(II)—
 (A)in the first sentence, by striking for each month beginning with the later of (I) July 1973 or (II) the twenty-fifth month of his entitlement or status as a qualified railroad retirement beneficiary described in paragraph (2), and and inserting for each month beginning with the first month after the month in which the individual first satisfies paragraph (2), and;
 (B)in the second sentence, by striking the twenty-fifth month of his entitlement refers to the first month after the twenty-fourth month of entitlement to specified benefits referred to in paragraph (2)(C) and; and
 (C)in the third sentence, by striking , but not in excess of 78 such months.
					(b)Schedule for
 phase-out of waiting periodSection 226 of the Social Security Act (42 U.S.C. 426) is amended by adding at the end the following new subsection:

 (j)For purposes of subsection (b) (and for purposes of section 1837(g)(1) of this Act and section 7(d)(2)(ii) of the Railroad Retirement Act of 1974), the term waiting period means, with respect to an individual who first becomes entitled to benefits described in subparagraph (A) of subsection (b)(2), first achieves the status described in subparagraph (B) of such subsection, or first becomes entitled to specified benefits referred to in subparagraph (C) of such subsection in a month in—
 (1)calendar year 2020, 18 months; (2)calendar year 2021, 16 months;
 (3)calendar year 2022, 14 months; (4)calendar year 2023, 12 months;
 (5)calendar year 2024, 10 months; (6)calendar year 2025, 8 months;
 (7)calendar year 2026, 6 months; (8)calendar year 2027, 4 months;
 (9)calendar year 2028, 2 months; and (10)calendar year 2029 and each subsequent year, 0 months.
						.
			(c)Conforming
			 amendments
				(1)Months that count towards waiting period
 (A)In generalSection 226(f) of the Social Security Act (42 U.S.C. 426(f)) is amended by striking 24 months and inserting waiting period. (B)SunsetEffective January 1, 2029, subsection (f) of section 226 of the Social Security Act (42 U.S.C. 426) is repealed.
 (2)Elimination of 1-month waiting period for individuals with ALSSection 226(h)(1) of the Social Security Act (42 U.S.C. 426(h)(1)) is amended by inserting (or, beginning January 1, 2029, 0 months) after 1 month. (3)Medicare descriptionSection 1811(2) of such Act (42 U.S.C. 1395c(2)) is amended by striking entitled for not less than 24 months and inserting entitled for not less than the waiting period (as defined in section 226(j)).
				(4)Medicare
 coverageSection 1837(g)(1) of such Act (42 U.S.C. 1395p(g)(1)) is amended by striking of the later of (A) April 1973 or (B) the third month before the 25th month of such entitlement and inserting of the third month before the first month following the waiting period (as defined in section 226(j)) applicable under section 226(b).
				(5)Railroad
 retirement systemSection 7(d)(2)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231f(d)(2)(ii)) is amended—
 (A)by striking “, for not less than 24 months” and inserting “, for the waiting period (as defined in section 226(j) of the Social Security Act); and
 (B)by striking could have been entitled for 24 calendar months, and and inserting could have been entitled for the waiting period (as defined in section 226(j) of the Social Security Act), and.
					(d)Effective
 dateExcept as provided in subsection (c)(1)(B), the amendments made by this section shall apply to insurance benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning at least 90 days after the date of the enactment of this Act (but in no case earlier than January 1, 2020).
			4.National Academy of Medicine
			 study and report on delay and prevention of disability conditions
 (a)StudyThe Secretary of Health and Human Services (in this section referred to as the Secretary) shall request that the National Academy of Medicine conduct a study on the range of disability conditions that can be delayed or prevented if individuals receive access to health care services and coverage before the condition reaches disability levels.
 (b)ReportNot later than the date that is 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the results of the National Academy of Medicine study authorized under this section.
			(c)Authorization
 of appropriationsThere is authorized to be appropriated to carry out this section $750,000 for the period of fiscal years 2020 and 2021.


		IV
		111th CONGRESS
		2d Session
		H. RES. 1702
		IN THE HOUSE OF REPRESENTATIVES

			September 29, 2010
			Mr. Langevin
			 submitted the following resolution; which was referred to the
			 Committee on Education and
			 Labor, and in addition to the Committee on
			 Science and Technology,
			 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

		RESOLUTION
		Expressing the sense of the House of
		  Representatives that adding art and design into Federal programs that target
		  the Science, Technology, Engineering, and Mathematics (STEM) fields encourages
		  innovation and economic growth in the United States.

		Whereas the innovative practices of art and design play an
			 essential role in improving Science, Technology, Engineering, and Mathematics
			 (STEM) education and advancing STEM research;
		Whereas art and design provide real solutions for our
			 everyday lives, distinguish United States products in a global marketplace, and
			 create opportunity for economic growth;
		Whereas artists and designers can effectively communicate
			 complex data and scientific information to multiple stakeholders and broad
			 audiences;
		Whereas the tools and methods of design offer new models
			 for creative problem-solving and interdisciplinary partnerships in a changing
			 world;
		Whereas artists and designers are playing an integral role
			 in the development of modern technology; and
		Whereas artists and designers are playing a key role in
			 manufacturing: Now, therefore, be it

		That the House of
			 Representatives—
			(1)recognizes the importance of art and design
			 in the Science, Technology, Engineering, and Mathematics (STEM) fields;
			(2)encourages the
			 inclusion of art and design in the STEM fields during reauthorization of the
			 Elementary and Secondary Education Act and the America Competes Act;
			(3)encourages
			 institutions of higher education to incorporate the role of art and design into
			 their STEM curricula; and
			(4)encourages the
			 Secretary of Commerce, the Secretary of the Department of Education, the
			 Chairman of the National Endowment for the Arts, and the Director of the
			 National Science Foundation to develop a STEM to STEAM Council representative
			 of artists, designers, education and business leaders, and Federal agencies in
			 order to facilitate a comprehensive approach to incorporate art and design into
			 the Federal STEM programs.


115 HR 4260 IH: Healthy Food Access for All Americans Act
U.S. House of Representatives
2017-11-06
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. 4260IN THE HOUSE OF REPRESENTATIVESNovember 6, 2017Mr. Ryan of Ohio (for himself, Mr. Costello of Pennsylvania, Mr. Evans, and Mr. McEachin) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Agriculture, 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 the Internal Revenue Code of 1986 to establish a new tax credit and grant program to
			 stimulate investment and healthy nutrition options in food deserts, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Healthy Food Access for All Americans Act. 2.Tax credit and grant program for Special Access Food Providers (a)In general (1)Allowance of creditSubpart 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.Special access food provider credit and grant program
							(a)Establishment of credit for grocery stores
 (1)In generalFor purposes of section 38, the special access food provider credit determined under this section for any taxable year is an amount equal to the lesser of—
 (A)the amount of the allocation received by the taxpayer under subsection (d)(1)(A), or (B)the amount equal to—
 (i)in the case of a qualified grocery store which is placed in service during such taxable year by a taxpayer which has been certified as a special access food provider, 15 percent of the basis of such grocery store, including any property used in the operation of such grocery store—
 (I)which is acquired by the taxpayer if the original use of such property commences with the taxpayer, and
 (II)with respect to which depreciation (or amortization in lieu of depreciation) is allowable, or (ii)in the case of a qualified renovation area which is placed in service during such taxable year, 10 percent of the renovation expenditures incurred by a taxpayer which has been certified as a special access food provider.
 (2)Renovation expendituresFor purposes of paragraph (1)(B)(ii), the term renovation expenditures means amounts chargeable to capital account and incurred for property (or additions or improvements to property) of a character subject to the allowance for depreciation in connection with the renovation or rehabilitation of a grocery store.
								(b)Grant program for food banks and temporary access merchants
 (1)In generalThe Secretary, in coordination with the Secretary of Agriculture, shall, subject to the requirements of this section, provide a grant to any entity which has been certified as a special access food provider in an amount equal to the lesser of—
 (A)the amount of the allocation received by the entity under subsection (d)(1)(B), or (B)the amount equal to—
 (i)in the case of a permanent food bank which has been placed in service during the taxable year by such provider, 15 percent of any qualified construction expenses incurred by such provider, and
 (ii)in the case of any provider which qualifies as a temporary access merchant, 10 percent of any annual operational costs incurred by such provider.
 (2)Time for payment of grantThe Secretary shall make payment of any grant under paragraph (1) during the 60-day period beginning on the later of—
 (A)the date of the application for certification as a special access food provider, or (B)the date—
 (i)in the case of a permanent food bank, on which the food bank for which the grant is being made is placed in service, or
 (ii)in the case of a temporary access merchant, the end of the taxable year in which the operational costs were incurred.
 (3)Grant not considered income for purposes of taxationA grant under this subsection shall not be considered as gross income for purposes of this chapter. (c)Certification as a Special Access Food Provider (1)ApplicationEach applicant for certification as a special access food provider shall submit, for each grocery store, food bank, mobile market, or farmers market, an application with the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require.
 (2)Certification requirementsFor purposes of certification as a special access food provider, the Secretary, in consultation with the Secretary of Agriculture and the applicable regional community development entity, shall determine whether—
 (A)in the case of an applicant seeking to construct, renovate, or rehabilitate a grocery store, whether such store—
 (i)following completion of such construction, renovation, or rehabilitation, will qualify as a grocery store (as defined in subsection (h)(3)),
 (ii)is located in a food desert on the date on which construction, renovation, or rehabilitation begins,
 (iii)satisfies the eligibility criteria established for projects under the Healthy Food Financing Initiative established under section 243 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6953), and
 (iv)satisfies such other criteria as is determined appropriate by the Secretary, in consultation with the Secretary of Agriculture, or
 (B)in the case of an applicant seeking to operate a permanent food bank or as a temporary access merchant, whether such applicant—
 (i)is an entity for which no part of the net earnings of such entity inures to the benefit of any private shareholder or individual,
										(ii)
 (I)in the case of a permanent food bank, is located in a food desert on the date on which construction of such food bank begins, or
 (II)in the case of a temporary access merchant— (aa)sells or provides food in any food desert for an average of—
 (AA)in the case of a farmers market, not less than 10 hours (during daylight hours) each week during the calendar year, or
 (BB)in the case of a temporary access merchant which is not a farmers market, not less than 5 days and 50 hours each week during the calendar year, or
 (bb)satisfies such requirements as are established by the Secretary of Agriculture to ensure an adequate level of food distribution within food deserts,
 (iii)satisfies the eligibility criteria described in subparagraph (A)(iii), and (iv)satisfies such other criteria as is determined appropriate by the Secretary.
 (3)No additional USDA grants for farmers marketsA farmers market shall not be eligible for certification as a special access food provider during any period in which such farmers market receives funding pursuant to any other grant program administered by the Department of Agriculture (with the exception of grants provided pursuant to the Food Insecurity Nutrition Incentive under section 4405 of the Food, Conservation, and Energy Act of 2008).
								(d)Allocation of special access food provider credits and grants
 (1)In generalIn each calendar year, the Secretary, in coordination with the Secretary of Agriculture, shall provide allocations to entities which have been certified as special access food providers under subsection (c) to receive—
 (A)in the case of an entity certified pursuant to subparagraph (A) of subsection (c)(2), a special access food provider credit for expenditures related to a qualified grocery store or qualified renovation area, and
 (B)in the case of an entity certified pursuant to subparagraph (B) of such subsection, grants for qualified construction expenses or operational costs incurred by such entity.
 (2)Duration of grants to temporary access merchantsIn the case of a special access food provider which qualifies as a temporary access merchant, the Secretary shall provide the grant to such provider on an annual basis for a period of not greater than 10 years.
								(e)Recapture
 (1)In generalSubject to paragraph (3), the Secretary shall provide for recapturing the benefit of any credit allowable or grant provided under this section with respect to any qualified grocery store, qualified renovation area, or permanent food bank which fails to satisfy the requirements under subsection (c)(2) during the 5-year period following the date on which such store, area, or food bank is placed in service.
 (2)Temporary access merchantSubject to paragraph (3), the Secretary shall provide for recapturing the benefit of any grant provided under this section with respect to any temporary access merchant which fails to satisfy the requirements under subsection (c)(2) for any year during the period described in subsection (d)(2).
 (3)ApplicationIf, during any taxable year, a special access food provider fails to satisfy the requirements under subsection (c)(2), the tax under this chapter for such taxable year shall be increased by an amount equal to the appropriate percentage of the credit or grant amount as is determined appropriate by the Secretary.
 (f)Basis reductionThe basis of any qualified grocery store, any grocery store which includes a qualified renovation area, or any food bank, mobile market, or farmers market shall be reduced by the amount of any credit or grant determined under this section with respect to such property.
 (g)RegulationsThe Secretary, in coordination with the Secretary of Agriculture, shall prescribe such regulations as may be appropriate to carry out this section, including regulations which—
 (1)prevent the abuse of the purposes of this section, (2)impose appropriate reporting requirements, and
 (3)ensure that non-metropolitan areas receive a proportional amount of allocations provided under subsection (d).
 (h)DefinitionsFor purposes of this section: (1)Food desert (A)In generalThe term food desert means any population census tract in which—
 (i)not less than 500 people, or 33 percent of the population of such tract, reside— (I)in the case of a tract located within a metropolitan area, more than 1 mile from a grocery store, or
 (II)in the case of a tract not located within a metropolitan area, more than 10 miles from a grocery store,
 (ii)the poverty rate for such tract is at least 20 percent, or (iii) (I)in the case of a tract not located within a metropolitan area, the median family income for such tract does not exceed 80 percent of statewide median family income, or
 (II)in the case of a tract located within a metropolitan area, the median family income for such tract does not exceed 80 percent of the greater of statewide median family income or the metropolitan area median family income.
 (B)Areas not within census tractsIn the case of an area which is not tracted for population census tracts, the equivalent county divisions (as defined by the Bureau of the Census) shall be used for purposes of determinations of food deserts under this paragraph.
 (C)Determination of food desertsFor purposes of determining whether a population census tract qualifies as a food desert for purposes of this section, the Secretary shall make such determinations in coordination with the Secretary of Agriculture in such manner as is determined appropriate, including use of the Food Access Research Atlas established by the Department of Agriculture.
 (2)GroceriesThe term groceries means— (A)fresh and frozen produce,
 (B)fresh and frozen meat and seafood, (C)dairy products, and
 (D)deli products, including sliced meats, cheeses, and salads. (3)Grocery storeThe term grocery store means a retail store for which forecasted sales of groceries account for not less than 35 percent of its total annual sales.
 (4)Metropolitan areaThe term metropolitan area has the same meaning given the term metropolitan statistical area under section 143(k)(2)(B). (5)Qualified construction expensesThe term qualified construction expenses means any costs incurred by the special access food provider before the date on which a permanent food bank is placed in service relating to the planning, design, and construction of such food bank.
 (6)Qualified grocery storeThe term qualified grocery store means a grocery store which, on the date on which construction of such store begins, is located in a food desert.
 (7)Qualified renovation areaThe term qualified renovation area means any area of a grocery store in which groceries are sold, provided that such grocery store, on the date on which renovation of such area begins, is located in a food desert.
								(8)Regional community development entity
 (A)In generalThe term regional community development entity means any domestic corporation or partnership if— (i)the primary mission of the entity is serving, or providing investment capital for, low-income communities or low-income persons,
 (ii)the entity maintains accountability to residents of low-income communities through their representation on any governing board of the entity or on any advisory board to the entity, and
 (iii)the entity is certified by the Secretary for purposes of this section as being a regional community development entity.
 (B)Local governmentIn the case of a grocery store for which there is no entity described in subparagraph (A) within a 50-mile radius, the chief executive officer (or the equivalent) of the local jurisdiction in which the grocery store will be located may serve as the regional community development entity for purposes of subsection (c)(2).
 (9)Secretary of AgricultureThe term Secretary of Agriculture means the Secretary of Agriculture or the Secretary's delegate. (10)Temporary access merchantThe term temporary access merchant means a mobile market, a farmers market, or a temporary or mobile food bank (as such terms are defined by the Secretary, in coordination with the Secretary of Agriculture)—
 (A)which is operated by a special access food provider, and (B)for which the primary purpose is food distribution within food deserts..
 (b)Credit part of general business creditSection 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus, and by adding at the end the following new paragraph:  (37)the special access food provider 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. Special access food provider credit and grant program..
 (d)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
 (e)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
 3.Updates to Food Access Research AtlasSection 243 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6953) is amended— (1)by redesignating subsection (d) as subsection (e); and
 (2)by inserting after subsection (c) the following:  (d)Food Access Research AtlasNot less frequently than once each year, the Secretary shall update the Food Access Research Atlas of the Secretary to account for food retailers that are placed in service during that year..


113 HR 4253 RH: Bureau of Land Management Withdrawn Military Lands Efficiency and Savings Act
U.S. House of Representatives
2014-03-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IB
		Union Calendar No. 503
		113th CONGRESS
		2d Session
		H. R. 4253
		[Report No. 113–671, Part I]
		IN THE HOUSE OF REPRESENTATIVES

			March 14, 2014
			Mr. Bishop of Utah (for himself, Mr. Amodei, Mr. Pearce, and Mr. Young of Alaska) introduced the following bill; which was referred to the Committee on Natural Resources, 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

			December 12, 2014
			Reported from the Committee on Natural Resources

		December 12, 2014The Committee on Armed Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
			 be printedA BILL
		To permanently withdraw, reserve, and transfer Bureau of Land Management lands used for military
			 purposes in Alaska, Nevada, and New Mexico to the appropriate Secretary of
			 the military department concerned.

		1.Elimination of termination date
			(a)Short titleThis Act may be cited as the Bureau of Land Management Withdrawn Military Lands Efficiency and Savings Act.
			(b)In generalSection 3015(a) of the Military Lands Withdrawal Act of 1999 (Public Law 106–65) is amended by
			 striking shall the first place it appears and all that follows through the period and inserting shall not terminate other than by an election and determination of the Secretary of the military
			 department concerned or until such time as the Secretary of the Interior
			 can permanently transfer administrative jurisdiction of the lands
			 withdrawn and reserved by this Act to the Secretary of the military
			 department concerned..
			(c)Conforming amendmentSection 3016 of the Military Lands Withdrawal Act of 1999 (Public Law 106–65) is repealed.

		December 12, 2014
		Reported from the Committee on Natural ResourcesDecember 12, 2014The Committee on Armed Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
			 be printed


114 HR 5872 IH: Low Alcohol Wine Act
U.S. House of Representatives
2016-07-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I114th CONGRESS2d SessionH. R. 5872IN THE HOUSE OF REPRESENTATIVESJuly 14, 2016Mr. Nunes (for himself and Mr. Thompson of California) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to modify the taxation of mead and certain low alcohol
			 by volume wine.

 1.Short titleThis Act may be cited as the Low Alcohol Wine Act. 2.Modification of taxation of mead and certain low alcohol by volume wine (a)In generalSection 5041 of the Internal Revenue Code of 1986 is amended by adding at the end the following:

					(h)Mead and low alcohol by volume wine
 (1)Tax and tax rateFor purposes of subsections (a) and (b)(1), mead and low alcohol by volume wine shall be treated as still wines containing not more than 14 percent of alcohol by volume.
 (2)DefinitionsFor purposes of paragraph (1)— (A)MeadThe term mead means a wine—
 (i)containing not more than 0.64 gram of carbon dioxide per hundred milliliters of wine, except that the Secretary may by regulations prescribe such tolerances to this limitation as may be reasonably necessary in good commercial practice,
 (ii)which is derived solely from honey and water, (iii)which contains no fruit product or fruit flavoring, and
 (iv)which contains less than 8.5 percent alcohol by volume. (B)Low alcohol by volume wine definedThe term low alcohol by volume wine means a wine—
 (i)containing not more than 0.64 gram of carbon dioxide per hundred milliliters of wine, except that the Secretary may by regulations prescribe such tolerances to this limitation as may be reasonably necessary in good commercial practice,
 (ii)which is derived— (I)primarily from grapes, or
 (II)from grape juice concentrate and water, (iii)which contains no fruit product or fruit flavoring other than grape, and
 (iv)which contains less than 8.5 percent alcohol by volume.. (b)Effective dateThe amendment made by this section shall apply to wines removed during calendar years beginning after December 31, 2016.