117 HR 560 IH: Northern Mariana Islands Legal Residents Relief Act of 2021
U.S. House of Representatives
2021-01-28
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
117th CONGRESS1st Session
H. R. 560
IN THE HOUSE OF REPRESENTATIVES

January 28, 2021
Mr. Sablan introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend section 6 of the Joint Resolution entitled A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes.

1.Short titleThis Act may be cited as the Northern Mariana Islands Legal Residents Relief Act of 2021. 2.Long-term legal residents of the Commonwealth of the Northern Mariana Islands (a)In generalSection 6(e)(6) of the Joint Resolution entitled A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes, approved March 24, 1976 (48 U.S.C. 1806; Public Law 94–241), is amended—
(1)in subparagraph (A)— (A)in clause (ii)—
(i)in subclause (I), by inserting (aa) before shall establish a process; (ii)by striking ; and and inserting or during the 180-day period beginning on the date that is 90 days after the date of the enactment of the Northern Mariana Islands Legal Residents Relief Act of 2021;;
(iii)by adding the following:  (bb)Waiver of application deadlineThe Secretary of Homeland Security may accept an application for CNMI Resident Status submitted after the application deadline if—
(AA)the applicant is eligible for CNMI Resident Status; and (BB)the applicant timely filed an application for CNMI Resident Status and made a good faith effort to comply with the application requirements as determined by the Secretary.;
(iv)in subclause (II), by striking the period and inserting “; and”; and (v)by adding at the end the following:

(III)in the case of an alien who has nonimmigrant status on the date on which the alien applies for CNMI Resident Status, the Secretary of Homeland Security shall extend such nonimmigrant status and work authorization, if applicable, through the end of the 180-day period described in subclause (I)(aa) or the date of adjudication of the alien’s application for CNMI Resident Status, whichever is later.; and (B)in clause (iii), by inserting after the period at the end the following:
An alien granted status under this paragraph shall be deemed a qualified alien under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) for purposes of receiving relief or assistance available in connection with— (I)a presidentially declared major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191); or
(II)a presidentially declared national emergency under section 201 of the National Emergencies Act (50 U.S.C. 1601 et seq.).; (2)in subparagraph (B)—
(A)in clause (i), by striking on June 25, 2019, or on December 31, 2018, and inserting on December 31, 2020, June 25, 2019, or December 31, 2018,; (B)in clause (iii), by inserting except in the case of an alien who meets the requirements of subclause (III) or (VI) of clause (v), before resided continuously and lawfully; and
(C)in clause (v)— (i)in subclause (III), by striking subclause (I) or (II) and inserting subclause (I), (II), (IV), (V), (VI), (VII), or (VIII);
(ii)in subclause (IV), by striking ; or and inserting a semicolon; (iii)in subclause (V), by striking the period at the end and inserting a semicolon; and
(iv)by adding at the end the following:  (VI)was admitted to the Commonwealth as a Commonwealth Only Transitional Worker during fiscal year 2015, and during every subsequent fiscal year beginning before the date of the enactment of the Northern Mariana Islands U.S. Workforce Act of 2018 (Public Law 115–218);
(VII)resided in the Northern Mariana Islands as an investor under Commonwealth immigration law, and is presently a resident classified as a CNMI-only nonimmigrant under section 101(a)(15)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)); or (VIII)resided in the Northern Mariana Islands as a guestworker under Commonwealth immigration law for at least 5 years prior to May 8, 2008, and is presently a resident classified as a Commonwealth Only Transitional Worker.;
(3)in subparagraph (C)(ii), by striking 180-period and inserting 180-day period; and (4)by adding at the end the following:

(F)Adjustment of status for cnmi residentsAn alien with CNMI Resident Status may adjust his or her status to that of an alien lawfully admitted for permanent residence 5 years after the date of enactment of the Northern Mariana Islands Legal Residents Relief Act of 2021 or 5 years after the date on which CNMI Resident Status is granted, whichever is later.. (b)Technical amendmentsSection 6(b)(1) of Public Law 94–241 (48 U.S.C. 1806(b)(1)) is amended—
(1)in subparagraph (A)— (A)by striking (8 USC 1101(a)(15)(H)) and inserting (8 U.S.C. 1101(a)(15)(H)); and
(B)by striking (8 USC 1184(g)) and inserting (8 U.S.C. 1184(g)); and (2)in subparagraph (B)(i), by striking contact and inserting contract.
(c)Effective dateThe amendments made by this section shall take effect on the date of enactment of this Act. 3.Temporary labor certification (a)In generalSection 6(d)(2) of Public Law 94–241 (48 U.S.C. 1806(d)(2)) is amended in subparagraph (B), by striking an annual and inserting a biennial.
(b)Effective dateThe amendments made by this section shall take effect on the date of enactment of this Act. 4.Additional time for receipt of visaSection 6(d)(3)(D)(iii) of Public Law 94–241 (48 U.S.C. 1806(d)(3)(D)(iii)) is amended in subclause (I)(bb) by striking 10 days and inserting 90 days.
5.Amendments to the requirement to remain outside the United States
(a)In generalSection 6(d)(7) of Public Law 94–241 (48 U.S.C. 1806(d)(7)) is amended— (1)in subparagraph (A)—
(A)in the matter preceding clause (i), by inserting and (C) after subparagraph (B); and (B)in clause (ii)—
(i)by inserting at any time after the expiration of the first renewal period after 30 days; and (ii)by inserting third after submission of a; and
(2)by adding at the end the following:  (C)DeferralIn general.—The Secretary of Homeland Security may defer the requirement to remain outside of the United States during or in connection to—
(i)a presidentially declared major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191); or (ii)a presidentially declared national emergency under section 201 of the National Emergencies Act (50 U.S.C. 1601 et seq.)..
(b)Effective dateThe amendments made by this section shall take effect as if included in the enactment of Public Law 115–218. 6.Qualified alien (a)In generalSection 6(d) of Public Law 94–241 (48 U.S.C. 1806(d)) is further amended by adding at the end the following:

(8)Qualified alienAn alien granted status under this subsection shall be deemed a qualified alien under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) for purposes of receiving relief or assistance available in connection with— (A)a presidentially declared major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191); or
(B)a presidentially declared national emergency under section 201 of the National Emergencies Act (50 U.S.C. 1601 et seq.).. (b)Effective dateThe amendment made by this section shall take effect on the date of enactment of this Act.


113 S2829 IS: Financial Regulatory Clarity Act of 2014
U.S. Senate
2014-09-16
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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. 2829IN THE SENATE OF THE UNITED STATESSeptember 16, 2014Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo require certain financial regulators to determine whether new regulations or orders are
			 duplicative or inconsistent with existing Federal regulations, and for
			 other purposes.1.Short titleThis Act may be cited as the Financial Regulatory Clarity Act of 2014.2.Federal Deposit Insurance CorporationSection 9 of the Federal Deposit Insurance Act (12 U.S.C. 1819) is amended by adding at the end the
			 following:(c)Review of regulations(1)In generalBefore issuing a final regulation or order the Corporation shall, as part of such regulation or
			 order, assess other Federal regulations
			 and
			 orders to determine the interaction between the proposed regulation or
			 order and other Federal regulations and orders.(2)ConsiderationsIn making a determination of the interaction between the proposed regulation or order and other
			 Federal regulations, the Corporation shall evaluate the following:(A)Whether the proposed regulation or order is in conflict with other Federal regulations or orders.(B)Whether the proposed regulation or order is inconsistent with other Federal regulations or orders.(C)Whether the proposed regulation or order is duplicative of other Federal regulations or orders.(D)Whether other Federal regulations or orders are outdated.(3)Resolving duplicative or inconsistent regulations or ordersThe Corporation shall use its bests efforts through all available measures under current law to
			 reconcile any duplicative or
			 inconsistent existing regulation or order of the Corporation with any
			 proposed regulation or
			 order before issuing a final regulation or order.(4)Report to CongressNot later than the end of the 60-day period beginning on the date the Corporation makes a
			 determination under paragraph (2), the Corporation shall issue a report to
			 the Congress containing recommendations made by the Corporation,
			 including—(A)any recommendations of Federal laws or regulations that should be repealed
			 or amended; and(B)any duplicative, inconsistent, or conflicting  regulation or order of another Federal financial
			 regulator (as defined under paragraph (6)(B)).(5)Limitation on judicial reviewNotwithstanding any other provision of law, a court may not compel action or hold unlawful and set
			 aside any action solely on the basis of compliance or noncompliance with
			 the requirements of this subsection.(6)Regulation and order definedFor purposes of this subsection:(A)In generalThe term regulation shall have the meaning given the term rule under section 551(4) of title 31, United States Code, the term order shall have the meaning given such term by the Corporation, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators, other than the Corporation.(B)Federal financial regulatorsThe term Federal financial regulators means the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial
			 Protection, the Commodity Futures Trading Commission, the Comptroller of
			 the Currency, the Corporation, the National Credit Union Administration,
			 and the Securities and Exchange Commission..3.Office of Comptroller of the CurrencySection 324 of the Revised Statutes of the United States (12 U.S.C. 1) is amended by adding at the end the following:(c)Review of regulations(1)In generalBefore issuing a final regulation or order the Comptroller of the Currency shall, as part of such
			 regulation or order, assess other
			 Federal
			 regulations and orders to determine the interaction between the proposed
			 regulation or order and other Federal regulations and orders.(2)ConsiderationsIn making a determination of the interaction between the proposed regulation or order and other
			 Federal regulations, the Comptroller shall evaluate the following:(A)Whether the proposed regulation or order is in conflict with other Federal regulations or orders.(B)Whether the proposed regulation or order is inconsistent with other Federal regulations or orders.(C)Whether the proposed regulation or order is duplicative of other Federal regulations or orders.(D)Whether other Federal regulations or orders are outdated.(3)Resolving duplicative or inconsistent regulations or ordersThe Comptroller shall use its best efforts through all available measures under current law to
			 reconcile any duplicative or
			 inconsistent existing regulation or order with any proposed regulation or
			 order before issuing a final regulation or order.(4)Report to CongressNot later than the end of the 60-day period beginning on the date the Comptroller makes a
			 determination under paragraph (2), the Comptroller shall issue a report to
			 the Congress containing recommendations made by the Comptroller,
			 including—(A)any recommendations of Federal laws or regulations that should be repealed
			 or amended; and(B)any duplicative, inconsistent, or conflicting  regulation or order of another Federal financial
			 regulator (as defined under section 9(c)(6)(B) of the Federal Deposit
			 Insurance Act).(5)Limitation on judicial reviewNotwithstanding any other provision of law, a court may not compel action or hold unlawful and set
			 aside any action solely on the basis of compliance or noncompliance with
			 the requirements of this subsection.(6)Regulation and order definedFor purposes of this subsection, the term regulation shall have the meaning given the term rule under section 551(4) of title 31, United States Code, the term order shall have the meaning given such term by the Comptroller, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section
			 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the
			 Comptroller..4.Board of Governors of the Federal Reserve SystemSection 10 of the Federal Reserve Act is amended by inserting before paragraph (12) the following:(11)Review of regulations(A)In generalBefore issuing a final regulation or order the Board of Governors of the Federal Reserve System
			 shall, as part of such regulation or order, assess other Federal
			 regulations and orders to determine the interaction
			 between the proposed regulation or order and other Federal regulations and
			 orders.(B)ConsiderationsIn making a determination of the interaction between the proposed regulation or order and other
			 Federal regulations, the Board of Governors shall evaluate the following:(i)Whether the proposed regulation or order is in conflict with other Federal regulations or orders.(ii)Whether the proposed regulation or order is inconsistent with other Federal regulations or orders.(iii)Whether the proposed regulation or order is duplicative of other Federal regulations or orders.(iv)Whether other Federal regulations or orders are outdated.(C)Resolving duplicative or inconsistent regulations or ordersThe Board of Governors shall use its best efforts through all available measures under current law
			 to reconcile any
			 duplicative or inconsistent existing regulation or order with any proposed
			 regulation or order before issuing a final regulation or order.(D)Report to CongressNot later than the end of the 60-day period beginning on the date the Board of Governors makes a
			 determination under subparagraph (B), the Board of Governors shall issue a
			 report to the Congress containing recommendations made by the Board of
			 Governors, including—(i)any recommendations of Federal laws or regulations that should be repealed
			 or amended; and(ii)any duplicative, inconsistent, or conflicting  regulation or order of another Federal financial
			 regulator (as defined under section 9(c)(6)(B) of the Federal Deposit
			 Insurance Act).(E)Limitation on judicial reviewNotwithstanding any other provision of law, a court may not compel action or hold unlawful and set
			 aside any action solely on the basis of compliance or noncompliance with
			 the requirements of this paragraph.(F)Regulation and order definedFor purposes of this paragraph, the term regulation shall have the meaning given the term rule under section 551(4) of title 31, United States Code, the term order shall have the meaning given such term by the Board of Governors, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section
			 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the Board of
			 Governors..5.Bureau of Consumer Financial ProtectionSection 1022 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5512) is amended by adding
			 at the end the following:(e)Review of regulations(1)In generalBefore issuing a final regulation or order the Bureau shall, as part of such regulation or order,
			 assess other Federal regulations and
			 orders
			 to determine the interaction between the proposed regulation or order and
			 other Federal regulations and orders.(2)ConsiderationsIn making a determination of the interaction between the proposed regulation or order and other
			 Federal regulations, the Bureau shall evaluate the following:(A)Whether the proposed regulation or order is in conflict with other Federal regulations or orders.(B)Whether the proposed regulation or order is inconsistent with other Federal regulations or orders.(C)Whether the proposed regulation or order is duplicative of other Federal regulations or orders.(D)Whether other Federal regulations or orders are outdated.(3)Resolving duplicative or inconsistent regulations or ordersThe Bureau shall use its best efforts through all available measures under current law to reconcile
			 any duplicative or
			 inconsistent existing regulation or order with any proposed regulation or
			 order before issuing a final regulation or order.(4)Report to CongressNot later than the end of the 60-day period beginning on the date the Bureau makes a determination
			 under paragraph (2), the Bureau shall issue a report to the Congress
			 containing recommendations made by the Bureau, including—(A)any recommendations of Federal laws or regulations that should be repealed
			 or amended; and(B)any duplicative, inconsistent, or conflicting  regulation or order of another Federal financial
			 regulator (as defined under section 9(c)(6)(B) of the Federal Deposit
			 Insurance Act).(5)Limitation on judicial reviewNotwithstanding any other provision of law, a court may not compel action or hold unlawful and set
			 aside any action solely on the basis of compliance or noncompliance with
			 the requirements of this subsection.(6)Regulation and order definedFor purposes of this subsection, the term regulation shall have the meaning given the term rule under section 551(4) of title 31, United States Code, the term order shall have the meaning given such term by the Bureau, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section
			 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the Bureau..6.National Credit Union AdministrationSection 102 of the Federal Credit Union Act (12 U.S.C. 1752a) is amended by adding at the end the
			 following:(g)Review of regulations(1)In generalBefore issuing a final regulation or order the Administration shall, as part of such regulation or
			 order, assess other Federal
			 regulations and
			 orders to determine the interaction between the proposed regulation or
			 order and other Federal regulations and orders.(2)ConsiderationsIn making a determination of the interaction between the proposed regulation or order and other
			 Federal regulations, the Administration shall evaluate the following:(A)Whether the proposed regulation or order is in conflict with other Federal regulations or orders.(B)Whether the proposed regulation or order is inconsistent with other Federal regulations or orders.(C)Whether the proposed regulation or order is duplicative of other Federal regulations or orders.(D)Whether other Federal regulations or orders are outdated.(3)Resolving duplicative or inconsistent regulations or ordersThe Administration shall use its best efforts through all available measures under current law to
			 reconcile any duplicative
			 or inconsistent existing regulation or order with any proposed regulation
			 or order before issuing a final regulation or order.(4)Report to CongressNot later than the end of the 60-day period beginning on the date the Administration makes a
			 determination under paragraph (2), the Administration shall issue a report
			 to the Congress containing recommendations made by the Administration,
			 including—(A)any recommendations of Federal laws or regulations that should be repealed
			 or amended; and(B)any duplicative, inconsistent, or conflicting  regulation or order of another Federal financial
			 regulator (as defined under section 9(c)(6)(B) of the Federal Deposit
			 Insurance Act).(5)Limitation on judicial reviewNotwithstanding any other provision of law, a court may not compel action or hold unlawful and set
			 aside any action solely on the basis of compliance or noncompliance with
			 the requirements of this subsection.(6)Regulation and order definedFor purposes of this subsection, the term regulation shall have the meaning given the term rule under section 551(4) of title 31, United States Code, the term order shall have the meaning given such term by the Administration, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section
			 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the
			 Administration..7.Securities and Exchange CommissionSection 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end
			 the following:(j)Review of regulations(1)In generalBefore issuing a final regulation or order the Commission shall, as part of such regulation or
			 order, assess other Federal regulations
			 and
			 orders to determine the interaction between the proposed regulation or
			 order and other Federal regulations and orders.(2)ConsiderationsIn making a determination of the interaction between the proposed regulation or order and other
			 Federal regulations, the Commission shall evaluate the following:(A)Whether the proposed regulation or order is in conflict with other Federal regulations or orders.(B)Whether the proposed regulation or order is inconsistent with other Federal regulations or orders.(C)Whether the proposed regulation or order is duplicative of other Federal regulations or orders.(D)Whether other Federal regulations or orders are outdated.(3)Resolving duplicative or inconsistent regulations or ordersThe Commission shall use its best efforts through all available measures under current law to
			 reconcile any duplicative or
			 inconsistent existing regulation or order with any proposed regulation or
			 order before issuing a final regulation or order.(4)Report to CongressNot later than the end of the 60-day period beginning on the date the Commission makes a
			 determination under paragraph (2), the Commission shall issue a report to
			 the Congress containing recommendations made by the Commission, including—(A)any recommendations of Federal laws or regulations that should be repealed
			 or amended; and(B)any duplicative, inconsistent, or conflicting  regulation or order of another Federal financial
			 regulator (as defined under section 9(c)(6)(B) of the Federal Deposit
			 Insurance Act).(5)Limitation on judicial reviewNotwithstanding any other provision of law, a court may not compel action or hold unlawful and set
			 aside any action solely on the basis of compliance or noncompliance with
			 the requirements of this subsection.(6)Regulation and order definedFor purposes of this subsection, the term regulation shall have the meaning given the term rule under section 551(4) of title 31, United States Code, the term order shall have the meaning given such term by the Commission, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section
			 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the
			 Commission..8.Commodity Futures Trading CommissionSection 2(a) of the Commodity Exchange Act (7 U.S.C. 2(a)) is amended by adding at the end the
			 following:(16)Review of regulations(A)In generalBefore issuing a final regulation or order the Commission shall, as part of such regulation or
			 order, assess other Federal regulations
			 and
			 orders to determine the interaction between the proposed regulation or
			 order and other Federal regulations and orders.(B)ConsiderationsIn making a determination of the interaction between the proposed regulation or order and other
			 Federal regulations, the Commission shall evaluate the following:(i)Whether the proposed regulation or order is in conflict with other Federal regulations or orders.(ii)Whether the proposed regulation or order is inconsistent with other Federal regulations or orders.(iii)Whether the proposed regulation or order is duplicative of other Federal regulations or orders.(iv)Whether other Federal regulations or orders are outdated.(C)Resolving duplicative or inconsistent regulations or ordersThe Commission shall use its best efforts through all available measures under current law to
			 reconcile any duplicative or
			 inconsistent existing regulation or order with any proposed regulation or
			 order before issuing a final regulation or order.(D)Report to CongressNot later than the end of the 60-day period beginning on the date the Commission makes a
			 determination under subparagraph (B), the Commission shall issue a report
			 to the Congress containing recommendations made by the Commission,
			 including—(i)any recommendations of Federal laws or regulations that should be repealed
			 or amended; and(ii)any duplicative, inconsistent, or conflicting  regulation or order of another Federal financial
			 regulator (as defined under section 9(c)(6)(B) of the Federal Deposit
			 Insurance Act).(E)Limitation on judicial reviewNotwithstanding any other provision of law, a court may not compel action or hold unlawful and set
			 aside any action solely on the basis of compliance or noncompliance with
			 the requirements of this paragraph.(F)Regulation and order definedFor purposes of this paragraph, the term regulation shall have the meaning given the term rule under section 551(4) of title 31, United States Code, the term order shall have the meaning given such term by the Commission, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section
			 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the
			 Commission..9.Treatment of joint rulemakingsIn the case of a joint rulemaking with respect to which an assessment and determination is required
			 pursuant to an amendment made under sections 2 through 8 of this Act, the
			 agencies shall jointly make such assessment and determination and shall
			 submit a single report with respect to such determination.


116 S3670 IS: M.H. Dutch Salmon Greater Gila Wild and Scenic River Act
U.S. Senate
2020-05-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3670IN THE SENATE OF THE UNITED STATESMay 7, 2020Mr. Udall (for himself and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo amend the Wild and Scenic Rivers Act to designate certain segments of the Gila River system in the State of New Mexico as components of the National Wild and Scenic Rivers System, to provide for the transfer of administrative jurisdiction over certain Federal land in the State of New Mexico, and for other purposes.1.Short titleThis Act may be cited as the M.H. Dutch Salmon Greater Gila Wild and Scenic River Act.2.Designation of wild and scenic rivers(a)Findings; purpose(1)FindingsCongress finds that—(A)the Greater Gila River watershed and other rivers in the Gila National Forest are cherished by the people of the State of New Mexico and visitors from across the United States for their clean water, outstanding fish and wildlife habitat, low-cost recreational opportunities for local communities, and cultural sites;(B)recreation, including hunting, fishing, camping, backpacking, hiking, wildlife viewing, horseback riding, and floating, increasingly supports important economic activity for local communities;(C)the Greater Gila River watershed and other rivers in the Gila National Forest—(i)are a national treasure deserving of inclusion in the National Wild and Scenic Rivers System;(ii)possess numerous outstandingly remarkable values; and(iii)contain segments that merit the high level of protection provided by the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to maintain the benefits provided by the Greater Gila River watershed and other rivers in the Gila National Forest for future generations of people in the State of New Mexico to enjoy; and(D)wild and scenic river designations—(i)recognize the importance of maintaining the values of the segments, while having no effect on activities or rights described in subsection (h); (ii)are compatible with traditional values and cultural uses important to rural communities; (iii)provide multiple benefits to the local community and beyond, including by—(I)focusing management on river and river-related resources and values, including supporting voluntary management on adjacent non-Federal land;(II)protecting rivers in a manner complementary to the Wilderness Act (16 U.S.C. 1131 et seq.), as contemplated under section 10(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(b));(III)preserving and enhancing public access, including for the legal use of off-highway vehicles, while not opening private land to public access;(IV)preserving and enhancing the protection of cultural artifacts and Tribal sacred and ceremonial sites;(V)preserving and enhancing recreational opportunities;(VI)encouraging and enhancing traditional uses, such as hunting and fishing;(VII)better informing the public about areas in the region with exceptional characteristics and opportunities for unique experiences; and(VIII)promoting the outdoor recreation economy; and(iv)do not—(I)affect private property rights or restrict development or use on private land within or adjacent to a designated river corridor;(II)affect existing water rights, interstate water compacts, or existing irrigation systems and other water development or distribution facilities;(III)affect grazing operations; (IV)limit access for the public to public land within a designated river corridor; or (V)open private land to public access. (2)PurposeThe purpose of this section is to protect for current and future generations of people in the United States the outstandingly remarkable scenic, natural, cultural, wildlife, fish, recreational, scientific, historic, cultural, ecological, and other values of certain segments of the Greater Gila River watershed and other rivers in the Gila National Forest.(b)DefinitionsIn this section:(1)Covered segmentThe term covered segment means a river segment designated by paragraph (231) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (c)).(2)Secretary concernedThe term Secretary concerned means—(A)the Secretary of the Interior, with respect to a covered segment under the jurisdiction of the Secretary of the Interior; and(B)the Secretary of Agriculture, with respect to a covered segment under the jurisdiction of the Secretary of Agriculture.(3)Sensitive speciesThe term sensitive species means a species—(A)that is listed or proposed for listing as endangered or threatened under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B)that is identified by the State as a species of greatest conservation need; or (C)that, as determined by the Secretary concerned, requires special management consideration—(i)to promote the conservation of the species; or(ii)to reduce the need for future listing of the species as endangered or threatened under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).(4)StateThe term State means the State of New Mexico.(c)Designation of segmentsSection 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:(231)Gila River System, New MexicoThe following segments of the Gila River system in Las Animas Creek, Holden Prong, and McKnight Canyon in the State of New Mexico, to be administered by the Secretary concerned (as defined in section 2(b) of the M.H. Dutch Salmon Greater Gila Wild and Scenic River Act) in the following classifications: (A)Apache CreekThe approximately 10.5-mile segment, as generally depicted on the map entitled Apache Creek and dated April 30, 2020, as a wild river.(B)Black Canyon Creek(i)The 11.8-mile segment, as generally depicted on the map entitled Black Canyon Creek and dated April 30, 2020, as a wild river.(ii)The 0.6-mile segment, as generally depicted on the map entitled Black Canyon Creek and dated April 30, 2020, as a recreational river.(iii)The 1.9-mile segment, as generally depicted on the map entitled Black Canyon Creek and dated April 30, 2020, as a recreational river.(iv)The 11-mile segment, as generally depicted on the map entitled Black Canyon Creek and dated April 30, 2020, as a wild river.(C)Diamond Creek(i)The approximately 13.3-mile segment, as generally depicted on the map entitled Diamond Creek and dated March 27, 2020, as a wild river.(ii)The approximately 4.7-mile segment, as generally depicted on the map entitled Diamond Creek and dated March 27, 2020, as a wild river.(iii)The approximately 3.1-mile segment, as generally depicted on the map entitled Diamond Creek and dated March 27, 2020, as a recreational river.(iv)The approximately 1.6-mile segment, as generally depicted on the map entitled ‘Diamond Creek’ and dated March 27, 2020, as a recreational river.(v)The approximately 4.1-mile segment, as generally depicted on the map entitled ‘Diamond Creek’ and dated March 27, 2020, as a wild river.(D)South Diamond CreekThe approximately 16.1-mile segment, as generally depicted on the map entitled ‘South Diamond Creek’ and dated March 27, 2020, as a wild river.(E)Gila River(i)The approximately 34.9-mile segment, as generally depicted on the map entitled Gila River and dated April 30, 2020, as a wild river.(ii)The approximately 2.5-mile segment, as generally depicted on the map entitled ‘Gila River’ and dated April 30, 2020, as a recreational river.(iii)The approximately 3-mile segment, as generally depicted on the map entitled Gila River and dated April 30, 2020, as a wild river.(F)Gila River, East ForkThe approximately 10.3-mile segment, as generally depicted on the map entitled East Fork Gila River and dated April 30, 2020, as a wild river.(G)Gila River, Gila Lower Box(i)The approximately 3.1-mile segment, as generally depicted on the map entitled Gila River, Gila Lower Box and dated April 21, 2020, as a recreational river. (ii)The approximately 6.1-mile segment, as generally depicted on the map entitled Gila River, Gila Lower Box and dated April 21, 2020, as a wild river. (H)Gila River, Gila Middle Box(i) The approximately 0.6-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a recreational river. (ii)The approximately 0.4-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box’ and dated April 30, 2020, as a recreational river. (iii)The approximately 0.3-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a recreational river. (iv)The approximately 0.3-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a recreational river.(v)The approximately 1.6-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a recreational river.(vi) The approximately 9.8-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a wild river. (I)Gila River, Middle Fork(i)The approximately 1.2-mile segment, as generally depicted on the map entitled Middle Fork Gila River and dated May 1, 2020, as a recreational river.(ii)The approximately 35.5-mile segment, as generally depicted on the map entitled Middle Fork Gila River and dated May 1, 2020, as a wild river.(J)Gila River, West Fork(i)The approximately 30.6-mile segment, as generally depicted on the map entitled West Fork Gila River and dated May 1, 2020, as a wild river.(ii)The approximately 4-mile segment, as generally depicted on the map entitled West Fork Gila River and dated May 1, 2020, as a recreational river. (K)Gilita CreekThe approximately 6.4-mile segment, as generally depicted on the map entitled Gilita Creek and dated March 4, 2020, as a wild river.(L)Holden ProngThe approximately 7.3-mile segment, as generally depicted on the map entitled Holden Prong and dated March 27, 2020, as a wild river.(M)Indian Creek(i)The approximately 5-mile segment, as generally depicted on the map entitled Indian Creek and dated March 27, 2020, as a recreational river.(ii)The approximately 9.5-mile segment, as generally depicted on the map entitled Indian Creek and dated March 27, 2020, as a wild river.(N)Iron CreekThe approximately 13.2-mile segment, as generally depicted on the map entitled Iron Creek and dated March 4, 2020, as a wild river.(O)Las Animas Creek(i)The approximately 5.3-mile segment, as generally depicted on the map entitled Las Animas Creek and dated March 27, 2020, as a wild river.(ii)The approximately 2.3-mile segment, as generally depicted on the map entitled Las Animas Creek and dated March 27, 2020, as a scenic river.(P)Little Creek(i)The approximately 0.3-mile segment, as generally depicted on the map entitled Little Creek and dated May 1, 2020, as a recreational river.(ii)The approximately 18.3-mile segment, as generally depicted on the map entitled Little Creek and dated May 1, 2020, as a wild river.(Q)McKnight CanyonThe approximately 10.3-mile segment, as generally depicted on the map entitled McKnight Canyon and dated March 4, 2020, as a wild river. (R)Mineral Creek(i)The approximately 8.3-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a wild river.(ii)The approximately 0.5-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river.(iii)The approximately 0.5-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river.(iv)The approximately 0.1-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river.(v)The approximately 0.03-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river.(vi)The approximately 0.02-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river.(vii)The approximately 0.6-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river.(viii) The approximately 0.1-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river.(ix)The approximately 0.03-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river.(x)The approximately 0.7-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river.(S)Mogollon CreekThe approximately 15.8-mile segment, as generally depicted on the map entitled Mogollon Creek and dated April 2, 2020, as a wild river.(T)West Fork Mogollon CreekThe approximately 8.5-mile segment, as generally depicted on the map entitled West Fork Mogollon Creek and dated March 4, 2020, as a wild river. (U)Mule CreekThe approximately 4.3-mile segment, as generally depicted on the map entitled Mule Creek and dated March 4, 2020, as a wild river.(V)San Francisco River, Devil’s Creek(i)The approximately 1.8-mile segment, as generally depicted on the map entitled San Francisco River, Devil’s Creek and dated March 27, 2020, as a recreational river. (ii)The approximately 6.4-mile segment, as generally depicted on the map entitled San Francisco River, Devil’s Creek and dated March 27, 2020, as a recreational river. (iii)The approximately 6.1-mile segment, as generally depicted on the map entitled San Francisco River, Devil’s Creek and dated March 27, 2020, as a recreational river.(iv)The approximately 1.2-mile segment, as generally depicted on the map entitled San Francisco River, Devil’s Creek and dated March 27, 2020, as a recreational river.(v)The approximately 5.9-mile segment, as generally depicted on the map entitled San Francisco River, Devil’s Creek and dated March 27, 2020, as a recreational river.(W)San Francisco River, Lower San Francisco River Canyon(i)The approximately 1.8-mile segment, as generally depicted on the map entitled San Francisco River, Lower San Francisco River Canyon and dated March 27, 2020, as a wild river. (ii)The approximately 0.6-mile segment, as generally depicted on the map entitled San Francisco River, Lower San Francisco River Canyon and dated March 27, 2020, as a recreational river.(iii)The approximately 14.6-mile segment, as generally depicted on the map entitled San Francisco River, Lower San Francisco River Canyon and dated March 27, 2020, as a wild river.(X)San Francisco River, Upper Frisco BoxThe approximately 6-mile segment, as generally depicted on the map entitled San Francisco River, Upper Frisco Box and dated March 4, 2020, as a wild river. (Y)Sapillo CreekThe approximately 7.2-mile segment, as generally depicted on the map entitled Sapillo Creek and dated March 27, 2020, as a wild river.(Z)Spruce CreekThe approximately 3.7-mile segment, as generally depicted on the map entitled Spruce Creek and dated March 4, 2020, as a wild river.(AA)Taylor Creek(i)The approximately 0.4-mile segment, as generally depicted on the map entitled Taylor Creek and dated April 30, 2020, as a scenic river.(ii)The approximately 6.1-mile segment, as generally depicted on the map entitled Taylor Creek and dated April 30, 2020, as a wild river.(iii)The approximately 6.7-mile segment, as generally depicted on the map entitled Taylor Creek and dated April 30, 2020, as a wild river. (BB)Turkey CreekThe approximately 17.1-mile segment, as generally depicted on the map entitled Turkey Creek and dated April 30, 2020, as a wild river. (CC)Whitewater Creek(i)The approximately 13.5-mile segment, as generally depicted on the map entitled Whitewater Creek and dated March 27, 2020, as a wild river.(ii)The approximately 1.1-mile segment, as generally depicted on the map entitled Whitewater Creek and dated March 27, 2020, as a recreational river. (DD)Willow Creek(i)The approximately 3-mile segment, as generally depicted on the map entitled Willow Creek and dated April 30, 2020, as a recreational river.(ii)The approximately 2.9-mile segment, as generally depicted on the map entitled Willow Creek and dated April 30, 2020, as a recreational river..(d)WithdrawalSubject to valid existing rights, all Federal land within the boundary of a covered segment is withdrawn from all forms of—(1)entry, appropriation, or disposal under the public land laws;(2)location, entry, and patent under the mining laws; and(3)disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.(e)Maps; legal descriptions(1)In generalAs soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare maps and legal descriptions of the covered segments.(2)Force of lawThe maps and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary concerned may correct minor errors in the maps and legal descriptions.(3)AvailabilityThe map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service, the Bureau of Land Management, and the National Park Service.(f)Comprehensive river management plan consultationThe comprehensive management plan for the covered segments prepared pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)) shall provide for public involvement, including consultation with units of local and Tribal government and applicable political subdivisions of the State.(g)Incorporation of acquired land and interests in landIf the United States acquires any non-Federal land within or adjacent to a covered segment, the acquired land shall be incorporated in, and be administered as part of, the applicable covered segment.(h)Effect of section(1)Effect on rightsNothing in this section or an amendment made by this section affects any existing rights of, privilege of, or contract held by any person that affects Federal land or any private land within the same watershed as a covered segment without the consent of the person, including—(A)grazing permits or leases;(B)water rights, including the jurisdiction of the State in administering water rights;(C)existing points of diversion;(D)existing water distribution infrastructure; (E)cattle management infrastructure; and(F)valid existing rights for mining and mineral leases.(2)CondemnationNo land or interest in land shall be acquired under this section or an amendment made by this section without the consent of the owner.(3)Relationship to other lawNothing in this section amends or otherwise affects the Arizona Water Settlements Act (Public Law 108–451; 118 Stat. 3478). (4)Restoration(A)In generalSubject to subparagraphs (B) through (D), if the Secretary concerned determines that no other feasible alternative exists, the Secretary concerned may authorize a project or activity that affects the free-flowing characteristics or other values of a covered segment, including—(i)the construction, maintenance, and replacement of fish barriers; or(ii)the use of chemicals to manage nonnative fish species.(B)PurposeThe primary purpose of a project or activity authorized under subparagraph (A) shall be—(i)to aid in the recovery of a sensitive species;(ii)to protect or enhance the values for which the covered segment was designated;(iii)to restore the ecological function, connectivity, or natural characteristics of the covered segment; or(iv)to improve watershed health or water quality of the covered segment.(C)Review requiredA project or activity authorized under subparagraph (A) shall be reviewed in accordance with sections 7 and 10(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278, 1281(a)). (D)Impacts minimizedFor any project or activity authorized under subparagraph (A), the Secretary concerned shall ensure that any impacts to the free-flowing characteristics of the river and other river values are minimized to the maximum extent practicable.(E)AssistanceNothing in this paragraph prohibits a Federal agency from assisting with a loan, grant, or permit, or providing any other form of assistance, for an activity or project authorized under subparagraph (A).(5)State land jurisdictionNothing in this section or an amendment made by this section affects the jurisdiction of land under the jurisdiction of the State, including land under the jurisdiction of the New Mexico State Land Office and the New Mexico Department of Game and Fish. (6)Fish and wildlifeNothing in this section or an amendment made by this section affects the jurisdiction of the State with respect to fish and wildlife in the State.(7)Treaty rightsNothing in this section or an amendment made by this section alters, modifies, diminishes, or extinguishes the reserved treaty rights of any Indian Tribe with respect to hunting, fishing, gathering, and cultural or religious rights in the vicinity of a covered segment as protected by a treaty. 3.Modification of boundaries of Gila Cliff Dwellings National Monument and Gila National Forest(a)Transfer of administrative jurisdiction(1)In generalAdministrative jurisdiction over the land described in paragraph (2) is transferred from the Secretary of Agriculture to the Secretary of the Interior.(2)Description of landThe land referred to in paragraph (1) is the approximately 440 acres of land identified as Transfer from USDA Forest Service to National Park Service on the map entitled Gila Cliff Dwellings National Monument Proposed Boundary Adjustment and dated March 2020. (b)Boundary modifications(1)Gila Cliff Dwellings National Monument(A)In generalThe boundary of the Gila Cliff Dwellings National Monument is revised to incorporate the land transferred to the Secretary of the Interior under subsection (a)(1).(B)Map(i)In generalThe Secretary of the Interior shall prepare and keep on file for public inspection in the appropriate office of the National Park Service a map and a legal description of the revised boundary of the Gila Cliff Dwellings National Monument.(ii)EffectThe map and legal description under clause (i) shall have the same force and effect as if included in this section, except that the Secretary of the Interior may correct minor errors in the map and legal description.(2)Gila National Forest(A)In generalThe boundary of the Gila National Forest is modified to exclude the land transferred to the Secretary of the Interior under subsection (a)(1).(B)Map(i)In generalThe Secretary of Agriculture shall prepare and keep on file for public inspection in the appropriate office of the Forest Service a map and a legal description of the revised boundary of the Gila National Forest.(ii)EffectThe map and legal description under clause (i) shall have the same force and effect as if included in this section, except that the Secretary of Agriculture may correct minor errors in the map and legal description.


117 HR 246 IH: To designate the Federal building and United States courthouse located at 180 West Main Street in Abingdon, Virginia, as the “H. Emory Widener, Jr., Federal Building and United States Courthouse”.
U.S. House of Representatives
2021-01-11
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 246IN THE HOUSE OF REPRESENTATIVESJanuary 11, 2021Mr. Griffith introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo designate the Federal building and United States courthouse located at 180 West Main Street in Abingdon, Virginia, as the H. Emory Widener, Jr., Federal Building and United States Courthouse.1.DesignationThe Federal building and United States courthouse located at 180 West Main Street in Abingdon, Virginia, shall be known and designated as the H. Emory Widener, Jr., Federal Building and United States Courthouse.2.ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building and United States courthouse referred to in section 1 shall be deemed to be a reference to the H. Emory Widener, Jr., Federal Building and United States Courthouse.


117 S2387 IS: Small Business Tax Fairness Act
U.S. Senate
2021-07-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2387IN THE SENATE OF THE UNITED STATESJuly 20, 2021Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income.1.Short titleThis Act may be cited as the Small Business Tax Fairness Act.2.Modifications to deduction for qualified business income(a)In general(1)Eligibility(A)Deduction limited to individuals(i)In generalSection 199A(a) of the Internal Revenue Code of 1986 is amended by striking In the case of a taxpayer other than a corporation and inserting In the case of an individual.(ii)Application to trusts and estatesSection of such Code is amended by adding at the end the following new subsection:(j)Deduction for qualified business incomeNo deduction shall be allowed under section 199A to an estate or trust..(B)Married taxpayers must file joint returnSection 199A(f) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph:(4)No deduction for married individuals filing separate returnsIf the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year..(2)Amount of deduction(A)Determination of amountSubsection (a) of section 199A of the Internal Revenue Code of 1986 is amended by striking an amount equal to the lesser of and all that follows and insertingan amount equal to 20 percent of the least of—(1)the qualified business income of the taxpayer,(2)the threshold amount, or(3)the taxable income of the taxpayer for the taxable year reduced by the net capital gain (as defined in section 1(h)) of the taxpayer for such taxable year..(B)Modification of threshold amount(i)In generalSection 199A(e)(2) of the Internal Revenue Code of 1986 is amended to read as follows:(2)Threshold amountThe term threshold amount means $400,000. .(C)LimitationsSubsection (b) of section 199A of such Code is amended to read as follows:(b)Limitations(1)Limitation based on taxable incomeThe amount of the deduction allowed under subsection (a) (determined without regard to this paragraph) shall be reduced (but not below zero) by an amount which bears the same ratio to such amount as—(A)the excess of the taxpayer's taxable income over the threshold amount, bears to(B)$100,000.(2)Special rules with respect to income received from cooperativesIn the case of any qualified trade or business of a patron of a specified agricultural or horticultural cooperative, the amount of qualified business income taken into account under subsection (a)(1) with respect to such trade or business shall be reduced by the lesser of—(A)9 percent of so much of the qualified business income with respect to such trade or business as is properly allocable to qualified payments received from such cooperative, or(B)50 percent of so much of the W–2 wages (as defined in subsection (g)(1)) with respect to such trade or business as are so allocable..(3)Treatment of qualified REIT dividends(A)In generalSection 199A(c) of such Code is amended—(i)by striking the last sentence in paragraph (1) and inserting Such term shall include qualified REIT dividends., and(ii)by inserting (other than a qualified REIT dividend) after Any dividend in paragraph (3)(B)(ii).(B)Technical amendmentSection 199A(e)(3) of such Code is amended by adding at the end the following new flush sentence:Such term shall not include any dividend on any share of stock with respect to which the holding period requirements of section 246(c) are not met or to the extent that the taxpayer is under an obligation (whether pursuant to a short sale or otherwise) to make related payments with respect to positions in substantially similar or related property..(4)Conforming amendments(A)Section 199A(c)(1) of the Internal Revenue Code of 1986 is amended by striking any qualified trade or business and inserting all qualified trades or businesses.(B)Section 199A(e) of such Code is amended by striking paragraph (4).(C)Section 199A(f) of such Code, as amended by paragraph (1), is amended—(i)by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively, and(ii)by striking paragraph (1) and inserting the following:(1)Application to partnerships and S corporationsIn the case of a partnership or S corporation—(A)this section shall be applied at the partner or shareholder level, and(B)each partner or shareholder shall take into account such person's allocable share of each qualified item of income, gain, deduction, and loss.For purposes of this paragraph, in the case of an S corporation, an allocable share shall be the shareholder’s pro rata share of an item.(2)Treatment of trades or businesses in Puerto RicoIn the case of any taxpayer with qualified business income from sources within the commonwealth of Puerto Rico, if all such income is taxable under section 1 for such taxable year, then for purposes of determining the qualified business income of such taxpayer for such taxable year, the term United States shall include the Commonwealth of Puerto Rico..(D)Section 199A(f)(6)(A) of such Code, as redesignated by paragraph (1) and subparagraph (C), is amended by striking and wages.(E)Section 199A(g)(1)(B)(ii) of such Code is amended to read as follows:(ii)W–2 wagesFor purposes of this subparagraph—(I)In generalThe term W–2 wages means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. Such amounts shall be determined after application of subsection (b).(II)Return requirementSuch term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return.(III)Wages must be allocable to domestic production gross receiptsSuch term shall not include any amount which is not properly allocable to domestic production gross receipts for purposes of paragraph (3)(A)..(F)Section 199A(g)(5)(B) of such Code is amended by inserting and the determination of W–2 wages with respect to any qualified trade or business conduced in Puerto Rico shall be made without regard to any exclusion under section 3401(a)(8) for remuneration paid for services in Puerto Rico after this subsection.(G)Section 199A of such Code is amended by striking subsection (h) and by redesignating subsection (i) as subsection (h).(b)Modification of definition of qualified trade or businessSection 199A(d) of the Internal Revenue Code of 1986 is amended to read as follows:(d)Qualified trade or businessFor purposes of this section, the term qualified trade or business means any trade or business other than the trade or business of performing services as an employee..(c)Exclusion of mark to market gain or loss of traders in securities and commodities from qualified business incomeSection 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause:(vii)Any gain or loss taken into account under section 475(f)..(d)Treatment of qualified business income distributed by RICs(1)In generalSection 852(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:(10)Treatment by shareholders of qualified business income(A)In generalIn any case in which—(i)a dividend is received from a regulated investment company, and(ii)such company meets the requirements of subsection (a) for the taxable year during which it paid such dividend,then every shareholder of such company shall treat as qualified business income under section 199A(c) that portion of such dividend reported by such company as eligible for such treatment in written statements furnished to its shareholders.(B)LimitationFor purposes of subparagraph (A), the aggregate amount which may be reported as dividends eligible to be treated as qualified business income under section 199A(c) shall not exceed the sum of—(i)the qualified REIT dividends (as defined in section 199A(e)) received by the company for the taxable year, plus(ii)the net amount of the company's allocable share for the taxable year of each qualified item of income, gain, deduction, and loss (as defined in subsection (c)(3) of section 199A, determined after the application of subsection (c)(4) thereof) from a publicly traded partnership (as defined in section 7704(b)) which is not treated as a corporation under section 7704(a)..(2)Conforming amendmentSection 199A(c) of such Code is amended by adding at the end the following new paragraph:(5)Treatment of certain dividends received from regulated investment companiesFor the treatment under paragraph (1) of certain dividends received from regulated investment companies, see section 852(b)(10)..(e)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


114 S2865 IS: Asia-Pacific Maritime Security Initiative Act of 2016
U.S. Senate
2016-04-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS2d Session
		S. 2865
		IN THE SENATE OF THE UNITED STATES

			April 27, 2016
			Mr. Cardin (for himself, Mr. Gardner, Mr. Menendez, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

		A BILL
		To promote stability and security in the Asia-Pacific maritime domains, and for other purposes.

		1.Short title
 This Act may be cited as the Asia-Pacific Maritime Security Initiative Act of 2016.
 2.DefinitionsIn this Act: (1)Appropriate congressional committeesThe term appropriate committees of Congress means—
 (A)the Committee of Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
 (B)the Committee of Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
 (2)Incremental expensesThe term incremental expenses— (A)means the reasonable and proper cost of the goods and services that are consumed by a country as a direct result of that country’s participation in training under the authority of this section, including rations, fuel, training ammunition, and transportation; and
 (B)does not include pay, allowances, and other normal costs of a country’s personnel.
 (3)Other security forcesThe term other security forces includes national security forces that conduct maritime security, but does not include self-described militias and paramilitary organizations.
			IUnited States policy on Asia-Pacific maritime security
			101.Statement of policy on maintenance of freedom of operations in international waters and airspace in
 the Asia-Pacific maritime domainsIt is the policy of the United States that, as a longstanding Asia-Pacific power, the United States will maintain and exercise routine freedom of operations in the international waters and airspace in the Asia-Pacific maritime domains, which are critical to the prosperity, stability, and security of the Asia-Pacific region.
 102.Statement of policy on claims that impinge on rights, freedoms, and lawful use of the seasIt is the policy of the United States— (1)to oppose all claims in the maritime domains that impinges on the rights, freedoms, and lawful use of the seas that belong to all nations; and
 (2)to uphold the principle that territorial and maritime claims, including territorial waters or territorial seas, must be derived from land features and otherwise comport with international law.
				103.Statement of policy on opposition to unilateral actions to change the status quo in the South China
 SeaIt is the policy of the United States— (1)to oppose the unilateral actions by any claimant seeking to change the status quo in the South China Sea through the use of coercion, intimidation, or military force;
 (2)to oppose reclamation activities in the South China Sea, including the militarization of any reclaimed features;
 (3)to oppose actions by any country to prevent any other country from exercising its sovereign rights to the resources of the exclusive economic zone (EEZ) and continental shelf by making claims to those areas in the South China Sea that have no support in international law;
 (4)to oppose unilateral declarations of administrative and military districts in contested areas in the South China Sea;
 (5)to oppose the militarization of new and reclaimed land features in the South China Sea; (6)to oppose the imposition of new fishing regulations covering disputed areas in the South China Sea, which have raised tensions in the region; and
 (7)(A)to welcome the expected landmark decision by the International Tribunal on the Law of the Sea in the case of The Republic of Philippines v. The People's Republic of China;
 (B)to note that the decision is binding on all parties involved and will constitute international law; (C)to call on all parties to abide by the ruling; and
 (D)to encourage other South China Sea claimants to seek similar clarification of maritime disputes through arbitration.
					104.Statement of policy on the commitment and support of the United States for allies and partners in
 the Asia-Pacific regionIt is the policy of the United States— (1)to reaffirm its unwavering commitment and support for allies and partners in the Asia-Pacific region, including longstanding United States policy regarding Article V of the United States-Philippines Mutual Defense Treaty;
 (2)to reaffirm that Article V of the United States-Japan Mutual Defense Treaty applies to the Japanese-administered Senkaku Islands; and
 (3)to station and regularly deploy the newest and most advanced United States air power assets to the Asia-Pacific region, including F–22 stealth fighters, B–2 and B–52 strategic bombers, and the expected forward-stationing of F–35 aircraft in Iwakuni, Japan.
				105.Statement of policy on efforts of the association of Southeast Asian nations and the People’s
 Republic of China to develop an effective code of conductIt is the policy of the United States— (1)to support efforts by the Association of Southeast Asian Nations (ASEAN) and the People’s Republic of China to develop an effective Code of Conduct; and
 (2)to encourage claimants not to undertake new or unilateral attempts to change the status quo since the signing of the 2002 Declaration of Conduct, including reclamation activities or asserting administrative measures or controls in disputed areas in the South China Sea.
 106.Statement of policy on the continuity of operations by the Armed Forces in the Asia-Pacific regionIt is the policy of the United States to assure the continuity of operations by the United States Armed Forces in the Asia-Pacific region, including, when appropriate, in cooperation with partners and allies, in order to reaffirm the principle of freedom of operations in international waters and airspace in accordance with established principles and practices of international law.
			IIMaritime security initiative
			201.Maritime security initiative
				(a)Program authorized
 (1)In generalThe Secretary of Defense, in concurrence with the Secretary of State, is authorized to provide assistance, for the purpose of increasing maritime security and domain awareness for countries in the Asia-Pacific region—
 (A)to provide assistance to national military or other security forces of such countries that have among their functional responsibilities maritime security missions;
 (B)to provide training to ministry, agency, and headquarters level organizations for such forces; and (C)to provide assistance to and training to other relevant foreign affairs, maritime, or security-related ministries, agencies, departments or offices that manage and oversight of maritime activities and policy that the Secretary may so designate.
 (2)Designation of assistance and trainingThe provision of assistance and training under this section may be referred to as the Maritime Security Initiative. (3)Construction of limitationsThe Secretary may provide assistance under this section without regard to any other provision of law, other than section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d).
 (b)Eligible countriesIn selecting countries in the Asia-Pacific region to which assistance is to be provided under the Initiative, the Secretary of Defense, in concurrence with the Secretary of State, shall prioritize the provision of assistance to countries that will contribute to the achievement of following objectives:
 (1)Retaining unhindered access to and use of international waterways in the Asia-Pacific region that are critical to ensuring the security and free flow of commerce and achieving United States national security objectives.
 (2)Improving maritime domain awareness in the Asia-Pacific region. (3)Countering piracy in the Asia-Pacific region.
 (4)Disrupting illicit maritime trafficking activities and other forms of maritime trafficking activity in the Asia-Pacific that directly benefit organizations that have been determined to be a security threat to the United States.
 (5)Enhancing the maritime capabilities of a country or regional organization to respond to emerging threats to maritime security in the Asia-Pacific region.
					(c)Types of assistance and training
 (1)Authorized elements of assistanceAssistance provided under subsection (a)(1)(A) may include the provision of equipment, supplies, training, and small-scale military construction.
 (2)Required elements of assistance and trainingAssistance and training provided under subsection (a) shall include elements that promote the following:
 (A)Observance of and respect for human rights and fundamental freedoms. (B)Respect for legitimate civilian authority within the country to which the assistance is provided.
 (d)Priorities for assistance and trainingIn developing programs for assistance or training to be provided under subsection (a), the Secretary of Defense shall accord a priority to assistance, training, or both that will enhance the maritime capabilities of the recipient foreign country, or a regional organization of which the recipient country is a member, to respond to emerging threats to maritime security.
				(e)Incremental expenses of personnel of certain other countries for training
 (1)Authority for paymentIf the Secretary of Defense determines that the payment of incremental expenses in connection with training described in subsection (a)(1)(B) will facilitate the participation in such training of organization personnel of foreign countries specified in paragraph (2), the Secretary may use amounts available under subsection (f) for assistance and training under subsection (a) for the payment of such incremental expenses.
 (2)Covered countriesThe foreign countries specified in this paragraph are the following: (A)Brunei.
 (B)Singapore. (C)Taiwan.
						(f)Availability of funds
 (1)Fiscal year 2017Of the amounts authorized to be appropriated for fiscal year 2017 for the Department of Defense for operation and maintenance, Defense-wide, $75,000,000 may be available for the provision of assistance and training under subsection (a).
 (2)Fiscal years 2018 through 2021In each of fiscal years 2018 through 2021, from amounts authorized to be appropriated for the Department of Defense for such fiscal year for operation and maintenance, Defense-wide, $100,000,000 may be available for the provision of assistance and training under subsection (a).
 (3)Notice on source of fundsIf the Secretary of Defense uses funds available to the Department pursuant to paragraph (1) to provide assistance and training under subsection (a) during a fiscal half-year, not later than 30 days after the end of such fiscal half-year, the Secretary shall submit to the appropriate congressional committees a notice on the account or accounts providing such funds.
 (g)Notice to congress on assistance and trainingNot later than 15 days before exercising the authority under subsection (a) or (e) with respect to a recipient foreign country, the Secretary of Defense shall submit to the appropriate congressional committees a notification containing the following information:
 (1)The recipient foreign country. (2)A detailed justification of the program for the provision of the assistance or training concerned, and its relationship to United States security interests.
 (3)The budget for the program, including a timetable of planned expenditures of funds to implement the program, an implementation timeline for the program with milestones (including anticipated delivery schedules for any assistance under the program), the military department or component responsible for management of the program, and the anticipated completion date for the program.
 (4)A description of the arrangements, if any, to support host nation sustainment of any capability developed pursuant to the program, and the source of funds to support sustainment efforts and performance outcomes to be achieved under the program beyond its completion date, if applicable.
 (5)A description of the program objectives and an assessment framework to be used to develop capability and performance metrics associated with operational outcomes for the recipient force.
 (6)Such other matters as the Secretary considers appropriate. (h)Annual reportThe Secretary of Defense shall submit to the appropriate congressional committees each year a report on the status of the provision of equipment, training, supplies, or other services provided pursuant to the program carried out under this section during the preceding year.
 (i)ExpirationAssistance and training may not be provided under this section after September 30, 2022. IIISpecial foreign military sales status for the Philippines 301.Special foreign military sales status for the PhilippinesThe Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended—
 (1)in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting the Philippines, before or New Zealand each place it appears;
 (2)in section 3(b)(2), by inserting the Government of the Philippines, before or the Government of New Zealand; and (3)in section 21(h), by inserting the Philippines, before or Israel each place it appears.
				IVIMET
 401.Authorization of appropriationsThere is authorized to be appropriated for fiscal year 2017 for the Department of State, out of amounts appropriated or otherwise made available for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et seq.) (relating to international military education and training (IMET) assistance), $15,000,000 for activities in the Asia-Pacific region in accordance with this Act.
			VForeign military financing
 501.Authorization of appropriationsIn addition to any amounts appropriated pursuant to section 23 of the Arms Export Control Act (22 U.S.C. 2763) (relating to foreign military financing assistance), there is authorized to be appropriated $10,000,000 for fiscal year 2017 for activities in the Asia-Pacific region in accordance with this Act.
			502.Priorities for assistance
 (a)Selection of countriesIn selecting countries in the Asia-Pacific region to which security assistance should be provided, the Secretary of State may prioritize the provision of maritime capacity building assistance to countries in the Asia-Pacific that will contribute to the achievement of following objectives:
 (1)Retaining unhindered access to and use of international waterways in the Asia-Pacific region that are critical to ensuring the security and free flow of commerce and achieving United States national security objectives.
 (2)Improving maritime domain awareness in the Asia-Pacific region. (3)Countering piracy in the Asia-Pacific region.
 (4)Disrupting illicit maritime trafficking activities and other forms of maritime trafficking activity in the Asia-Pacific that directly benefit organizations that have been determined to be a security threat to the United States.
 (5)Enhancing the maritime capabilities of a country or regional organization to respond to emerging threats to maritime security in the Asia-Pacific region.
 (b)PrioritiesIn carrying out the provision of maritime capacity building— (1)priority may be placed on assistance to enhance the maritime security capabilities of the military or security forces of countries in the Asia-Pacific region that have maritime missions and the government agencies responsible for such forces; and
 (2)assistance may be provided to a country in the Asia-Pacific region to enhance the capabilities of that country, or of a regional organization that includes that country, to conduct—
 (A)maritime intelligence, surveillance, and reconnaissance; (B)littoral and port security;
 (C)Coast Guard operations; (D)command and control; and
 (E)management and oversight of maritime activities. (c)Annual reportThe Secretary of State shall submit to the appropriate committees of Congress each year a report on the status of the provision of equipment, training, supplies, or other services provided pursuant to maritime capacity building in the Asia-Pacific in the preceding year.
				VIMaritime law enforcement initiative
 601.Authorization of appropriationsThere is authorized to be appropriated for fiscal year 2017 for the Department of State for International Narcotics Control and Law Enforcement (INCLE), $7,500,000 for the support of the Southeast Asia maritime Law Enforcement Initiative.
			VIITransfer of excess defense articles
 701.Priority for transfer of excess defense articlesSection 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)) is amended by striking and to the Philippines and inserting to the Philippines, and to other major non-NATO allies of the United States located in the Asia-Pacific region (including Japan, South Korea, Thailand, Australia and New Zealand) and other maritime ASEAN member states.
 702.Transfer of naval vessels to foreign recipientThe Secretary of State, with the concurrence of the Secretary of Defense, is authorized to transfer one OLIVER HAZARD PERRY class guided missile frigate on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) to a foreign government pursuant to the program authorized in section 201(a) for the purposes of this Act.
			VIIIEquality of treatment in arms sales for Taiwan
			801.Equality of treatment in arms sales for taiwan
 (a)In generalThe President shall ensure that the United States Government treats every proposed arms sales for Taiwan with the same timelines, processes, and procedures, including formal notification to Congress under the Arms Export Control Act (22 U.S.C. 2751 et seq.), accorded to proposed arms transfers for all other countries.
 (b)Inspector General reportingNot later than one year after the date of the enactment of this Act, and annually thereafter for 5 years, the Inspectors General of the Department of State and the Department of Defense shall review and report to the appropriate congressional committees on the compliance of those departments with the requirements of subsection (a).
				IXReports
			901.Report on plans for the maintenance of freedom of operations in international waters and airspace
 in the Asia-Pacific maritime domainsNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, with the concurrence with the Secretary of State, submit to the appropriate committees of Congress a report in classified form setting forth a plan, for each of the six-month, one-year, and three-year periods beginning on the date of such report, for freedom of navigation assertions, shows of force, bilateral and multilateral military exercises, port calls, and training intended to enhance the maritime capabilities, respond to emerging threats, and maintain freedom of operations in international waters and airspace in the Asia-Pacific maritime domains.
 902.Report on plans for partner capacity buildingNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall, with the concurrence with the Secretary of Defense, submit to the appropriate congressional committees a report (in classified or unclassified form) setting forth a plan, for each of the six-month, one-year, and five-year periods beginning on the date of such report, for Partner Capacity Building assistance intended to enhance the maritime capabilities, respond to emerging threats, and maintain freedom of operations in international waters and airspace in the Asia-Pacific maritime domains.
 903.Annual report on military and nonmilitary activities of China in the South China SeaNot later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate congressional committees an unclassified comprehensive report, with a classified annex if necessary, detailing the military and nonmilitary activities of the People’s Republic of China in the South China Sea.
 904.Notice to Congress on assistance and trainingNot later than 15 days before exercising the authority under section 201, section 401, or section 501 or pursuant to the amendments made by section 301 with respect to a recipient foreign country, the Secretary of State or the Secretary of Defense, as the case may be, shall submit to the appropriate congressional committees a notification containing the following elements:
 (1)The name of the recipient foreign country. (2)A detailed justification for the provision of the assistance or training concerned, and its relationship to United States security interests.
 (3)The budget for the program, including— (A)a timetable of planned expenditures of funds to implement the program;
 (B)an implementation timeline for the program with milestones (including anticipated delivery schedules for any assistance under the program);
 (C)the military department or component responsible for management of the program; and
 (D)the anticipated completion date for the program. (4)A description of the arrangements, if any, to support host nation sustainment of any capability developed pursuant to the program, and the source of funds to support sustainment efforts and performance outcomes to be achieved under the program beyond its completion date, if applicable.
 (5)A description of the program objectives and an assessment framework to be used to develop capability and performance metrics associated with operational outcomes for the recipient force.
 (6)Such other matters as the Secretary considers appropriate.


116 HR 3711 IH: Nutrition Counseling Aiding Recovery for Eating Disorders Act of 2019
U.S. House of Representatives
2019-07-11
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.

I116th CONGRESS1st SessionH. R. 3711IN THE HOUSE OF REPRESENTATIVESJuly 11, 2019Ms. Judy Chu of California (for herself, Mr. Cárdenas, Ms. Clarke of New York, Mr. Fitzpatrick, Mrs. Lee of Nevada, Mr. Raskin, Mr. Rouda, Mr. Tonko, Ms. Castor of Florida, and Mr. Young) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to provide coverage of medical nutrition therapy
			 services for individuals with eating disorders under the Medicare program.

 1.Short titleThis Act may be cited as the Nutrition Counseling Aiding Recovery for Eating Disorders Act of 2019 or the Nutrition CARE Act of 2019. 2.FindingsCongress finds the following:
 (1)Eating disorders, including the specific disorders of anorexia nervosa, bulimia nervosa, binge eating disorder, avoidant/restrictive food intake disorder, and other specified feeding or eating disorders, are severe biologically based mental illnesses caused by a complex interaction of genetic, biological, social, behavioral, and psychological factors.
 (2)Over 30,000,000 individuals in the United States of all ages, races, sizes, sexual orientations, ethnicities, and socioeconomic statuses, are affected by eating disorders during their lifetimes.
 (3)Eating disorders have one of the highest mortality rates of all mental illnesses, as eating disorders can become fatal due to heart failure, kidney failure, stroke, hypoglycemia, and gastric rupture. Additionally, longitudinal studies have found that the suicide risk for those with an eating disorder is 23 times the expected risk.
 (4)Eating disorders can be successfully treated with interventions at the appropriate durations and levels of care, yet only one-third of persons with eating disorders receive any medical, psychiatric, or therapeutic care. Best practice treatment of eating disorders includes patients, their families, and a comprehensive team of professionals such as social workers, mental health counselors, primary care practitioners, psychiatrists, psychologists, dietitians, art therapists, and other specialty providers.
 (5)Studies examining the prevalence of eating disorders and insulin restriction among people with diabetes show that up to 35 percent of women with diabetes restrict insulin in order to lose weight at some point in their life.
 (6)Research shows that disordered eating among older adults consistently find that rates of disordered eating among the elderly are similar to those of younger persons.
 (7)Weight loss in the elderly may signal an undiagnosed medical illness or may be the result of a known medical condition and/or its pharmacologic treatment.
 (8)Eating disorders in the elderly are associated with significant morbidity and mortality, and a wide range of health issues arise secondary to eating disorders, including cardiac, metabolic, gastric, and bone conditions; diagnosis and proper treatment of this population are essential.
 (9)Eating disorders in the elderly are particularly serious because chronic disorders or diseases may already compromise a patient’s health. Inadequate nutrition can result in memory deficits, cognitive decline, decubitus ulcers, impaired healing of sores, wounds, or infections, and dizziness, disorientation, and falls.
 (10)Studies find that individuals with chronic illnesses and/or disabilities are four times more likely to have anorexia nervosa or bulimia nervosa compared to the general population.
			3.Providing coverage of medical nutrition therapy services for individuals with eating disorders
 under the Medicare programSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended— (1)in subsection (s)(2)(V)—
 (A)by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and adjusting the margins accordingly;
 (B)in subclause (III), as so redesignated, by striking the semicolon at the end and inserting ; and; (C)by striking beneficiary with diabetes and inserting the following:

 beneficiary—(i)with diabetes; and (D)by adding at the end the following new clause:

 (ii)beginning January 1, 2020, with an eating disorder (as defined by the Secretary in accordance with most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association);; and
 (2)in subsection (vv)— (A)in paragraph (1)—
 (i)by inserting (including management of an eating disorder (as defined for purposes of subsection (s)(2)(V)(ii))) after disease management; and (ii)by inserting or psychologist (or other mental health professional to the extent authorized under State law) and, in the case of such services furnished to an individual for the purpose of management of such an eating disorder, at the times specified in paragraph (4) before the period at the end; and
 (B)by adding at the end the following new paragraph:  (4) (A)For purposes of paragraph (1), the times specified in this paragraph are, with respect to medical nutrition therapy services furnished to an individual for purposes of management of an eating disorder, the following:
 (i)13 hours (including a 1 hour initial assessment and 12 hours of reassessment and intervention) during the 1-year period beginning on the date such individual is first furnished such services.
 (ii)Subject to subparagraph (B), 4 hours during each subsequent 1-year period. (B)In the case that the physician or psychologist (or other mental health professional to the extent authorized under State law) treating such individual determines that there has been a change with respect to the diagnosis, medical condition, or treatment regimen relating to the eating disorder of such individual that requires the furnishing of medical nutrition therapy services beyond the times specified in subparagraph (A)(ii), the Secretary may provide for an additional number of hours to be available to such individual with respect to a period described in such subparagraph.
 (C)The Secretary may apply such other reasonable limitations with respect to the furnishing of medical nutrition therapy services for purposes of management of an eating disorder during a period described in subparagraph (A)(ii) as the Secretary determines appropriate..


116 HR 7878 IH: Scenic Trail Viewshed Protection Act
U.S. House of Representatives
2020-07-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7878IN THE HOUSE OF REPRESENTATIVESJuly 30, 2020Ms. Kuster of New Hampshire (for herself, Mr. Neal, Mr. Malinowski, Mr. Raskin, Mr. McGovern, and Mr. Ruiz) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo bolster evaluation procedures in consideration of interstate natural gas pipelines in relation to National Scenic Trails, and for other purposes.1.Short titleThis Act may be cited as the Scenic Trail Viewshed Protection Act. 2.Finding Congress finds that—(1)prior to issuing a certificate of public convenience and necessity under section 7 of the Natural Gas Act (15 U.S.C. 717f) with respect to a pipeline for the transportation of natural gas that will cross a national scenic trail established under section 5 of the National Trails System Act (16 U.S.C. 1244), the Federal Energy Regulatory Commission should specifically consider the conservation and recreation value of the land impacted; and(2)if such certificate, or an action taken pursuant to such certificate, is under court review, the court should consider the loss of any natural, cultural, scenic, and recreational values in determining whether an overriding public need for such pipeline exists.3.Certificates for pipelines that intersect national scenic trails(a)Applicability(1)PipelineThis section applies with respect to a pipeline for the transportation of natural gas that will—(A)intersect a trail described in paragraph (2); or(B)affect the surrounding radius of the viewshed of a trail described in paragraph (2), as determined as the result of a viewshed analysis performed and submitted to the Federal Energy Regulatory Commission by the administering agency of the trail or its cooperative agreement designated partner.(2)TrailA trail described in this paragraph is a national scenic trail established under section 5 of the National Trails System Act (16 U.S.C. 1244).(b)DeterminationThe Federal Energy Regulatory Commission may issue a certificate of public convenience and necessity under section 7 of the Natural Gas Act (15 U.S.C. 717f) for a pipeline described in subsection (a)(1) only if the Commission determines that—(1)the pipeline is the only prudent and feasible alternative to meet an overriding public need;(2)the applicant, in order to result in no, or minimal, adverse effect to a trail described in subsection (a)(2) and the viewshed of such a trail, thoroughly considered, in this order, avoidance measures, minimization measures, mitigation measures, and enhancement measures, including alternative routes, expanding existing pipeline infrastructure, and policies to reduce energy demand in the region of need; (3)minimal road construction will be required to construct and operate the pipeline;(4)construction of the pipeline will use the best available technology in order to minimize, as much as possible, the potential for leakage; (5)if the pipeline will intersect a trail described in subsection (a)(2), the pipeline will intersect the trail—(A)at a point that is already subject to significant impact, including an existing energy or transportation infrastructure crossing, or the applicant made a documented effort to consider such a route; and(B)only once and using the shortest path possible in crossing the trail; (6)the pipeline will not affect the surrounding viewshed of a trail described in subsection (a)(2) in an area that—(A)has been identified, through the viewshed analysis of the trail described in (a)(1)(B), as an area of high conservation, recreational, or scenic value;(B)is a protected wilderness area, as defined by the Wilderness Act of 1964, an old-growth forest, or an alpine area; or(C)has an existing designated location for a shelter or campsite;(7)construction techniques to be used for the pipeline will produce a minimal disturbance to any trail described in subsection (a)(2) and surrounding conserved lands;(8)the applicant has demonstrated plans for the ongoing maintenance and operation of the pipeline that ensures such maintenance and operation is done in a way that minimizes impact on any trail described in subsection (a)(2) that the pipeline will intersect, or the viewshed of which will be affected by the pipeline, and surrounding conserved lands; and(9)the applicant clearly acknowledges that it has an affirmative duty to—(A)protect any trail described in subsection (a)(2) that the pipeline will intersect, or the viewshed of which will be affected by the pipeline, and surrounding environment; and(B)ensure the health and safety of the public who use such trail and surrounding environment.


116 HR 5591 IH: Critical Habitat Improvement Act
U.S. House of Representatives
2020-01-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 5591IN THE HOUSE OF REPRESENTATIVESJanuary 13, 2020Mr. Johnson of Louisiana (for himself, Mr. Gosar, Mr. McClintock, Mr. Crawford, Mr. Newhouse, Mr. Gianforte, and Ms. Cheney) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo amend the Endangered Species Act of 1973 to add requirements to the designation of areas as
			 critical habitats, and for other purposes.

 1.Short titleThis Act may be cited as the Critical Habitat Improvement Act. 2.Requirements for critical habitat designation (a)Definition of critical habitatSection 3(5) of the Endangered Species Act of 1973 (16 U.S.C. 1532(5)) is amended—
 (1)by amending subparagraph (A) to read as follows:  (A)The term critical habitat for a threatened species or endangered species means—
 (i)the specific areas of habitat within the geographical area occupied by the species, at the time such species is listed in accordance with the provisions of section 4 of this Act, that the Secretary determines have physical or biological features that—
 (I)are essential to the conservation of such species; and (II)may require special management consideration or protection; or
 (ii)the specific areas of habitat outside the geographical area occupied by the species, at the time such species is listed in accordance with the provisions of section 4 of this Act, that the Secretary determines—
 (I)are essential for the continued survival of such species; (II)are able to sustain occupancy by such species at the time of the determination described in this clause; and
 (III)have physical or biological features that— (aa)are essential to the conservation of such species; and
 (bb)may require special management consideration or protection.; and (2)by adding at the end the following:

 (D)Identification of featuresIn making a critical habitat designation under section 4(a)(3)(A)(i), the Secretary shall identify with specificity the constituent elements of any physical or biological features that form the basis for such designation.
						.
 (b)Priority for designating critical habitatSection 4(a)(3) is amended at the end by adding the following:  (C)Priority for designating critical habitatThe Secretary may not designate habitat outside the geographical area occupied by the species as critical habitat unless such designation is necessary to ensure the continued survival of such species.
					.