114 HR 4333 IH: Zero Tolerance for Terror Act
U.S. House of Representatives
2016-01-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4333
		IN THE HOUSE OF REPRESENTATIVES

			January 6, 2016
			Mr. Kennedy (for himself, Mr. Deutch, Ms. Gabbard, Mr. Vargas, Mr. Delaney, Mr. Wilson of South Carolina, and Mr. Bridenstine) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To authorize expedited consideration of sanctions in the event that the Government of Iran commits
			 acts of terror or uses ballistic missile technology in violation of
			 international law.

		1.Short title
 This Act may be cited as the Zero Tolerance for Terror Act. 2.Statement of policy and sense of Congress with respect to Iranian entities and individuals engaged in ballistic missile proliferation or terrorism (a)Statement of policyIt shall be the policy of the United States, in interpreting the Joint Comprehensive Plan of Action (JCPOA), and any other related agreement, that—
 (1)any action by the Government of Iran to treat the legitimate imposition of sanctions by the United States or its international partners based on support for terrorism, abuses of human rights, or Iran’s ballistic missile activities as grounds to cease performing on its commitments under the JCPOA in whole or in part would not be valid and would be inconsistent with the terms of the JCPOA; and
 (2)nothing in the JCPOA limits or curtails the ability of Congress to pass additional sanctions legislation to address Iranian terrorism activities, human rights violations, and ballistic missile activities.
 (b)Sense of CongressIt is the sense of Congress that— (1)the Department of the Treasury's Office of Foreign Assets Control should be fully funded to ensure strict enforcement of sanctions against Iranian actors in the areas of ballistic missile proliferation and terrorism, and to ensure effective re-imposition of sanctions in the event of violation or breach by Iran of the JCPOA; and
 (2)Iran should continue to be prohibited from undertaking any activity related to ballistic missiles capable of delivering nuclear weapons, including launches using ballistic missile technology, and United Nations member states should take all necessary measures to prevent the transfer of technology or technical assistance to Iran related to such activities.
				3.Expedited consideration of new terrorism and missile-related sanctions against Iran
 (a)DeterminationIf the President determines that a person or entity— (1)commits an act of international terrorism, at the direction of an official of the Government of Iran, that threatens the security of nationals of the United States or the national security, foreign policy, or economy of the United States,
 (2)knowingly assists in, sponsors, or provides financial, material, or technological support for, or financial or other services to or in support of—
 (A)an act described in paragraph (1), (B)a foreign terrorist organization that receives financial support from the Government of Iran, or
 (3)commits an act in violation of United Nations Security Council Resolution 1929 before Implementation Day, or an act in violation of United Nations Security Council Resolution 2231 after Implementation Day, to undertake any activity related to ballistic missiles capable of delivering nuclear weapons, including launches using such ballistic missile technology,
 the President shall immediately notify Congress.(b)Qualifying legislation definedFor purposes of this section, the term qualifying legislation means only a bill of either House of Congress that authorizes or requires the President to impose sanctions on a person or entity with respect to which the President notifies Congress of a determination under subsection (a).
 (c)IntroductionDuring the 60-calendar day period after the President notifies Congress of a determination under subsection (a), qualifying legislation may be introduced—
 (1)in the House of Representatives, by the Majority Leader or the Minority Leader; and (2)in the Senate, by the Majority Leader (or the Majority leader’s designee) or the Minority Leader (or the Minority Leader’s designee).
				(d)Floor consideration in house of representatives
 (1)Reporting and dischargeIf a committee of the House to which qualifying legislation has been referred has not reported such qualifying legislation within 10 legislative days after the date of referral, that committee shall be discharged from further consideration thereof.
 (2)Proceeding to considerationBeginning on the third legislative day after each committee to which qualifying legislation has been referred reports it to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the qualifying legislation in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the qualifying legislation with regard to the same agreement. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
 (3)ConsiderationThe qualifying legislation shall be considered as read. All points of order against the qualifying legislation and against its consideration are waived. The previous question shall be considered as ordered on the qualifying legislation to final passage without intervening motion except two hours of debate equally divided and controlled by the sponsor of the qualifying legislation (or a designee) and an opponent. A motion to reconsider the vote on passage of the qualifying legislation shall not be in order.
				(e)Consideration in the senate
 (1)Committee referralQualifying legislation introduced in the Senate shall be referred to the Committee on Foreign Relations.
 (2)Reporting and dischargeIf the Committee on Foreign Relations has not reported such qualifying legislation within 10 session days after the date of referral of such legislation, that committee shall be discharged from further consideration of such legislation and the qualifying legislation shall be placed on the appropriate calendar.
 (3)Proceeding to considerationNotwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the committee authorized to consider qualifying legislation reports it to the Senate or has been discharged from its consideration (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of qualifying legislation, and all points of order against qualifying legislation (and against consideration of the qualifying legislation) are waived. The motion to proceed is not debatable and shall be subject to a 60-vote affirmative threshold for adoption. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the qualifying legislation is agreed to, the qualifying legislation shall remain the unfinished business until disposed of.
 (4)DebateDebate on qualifying legislation, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the Majority and Minority Leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the qualifying legislation is not in order.
 (5)Vote on passageThe vote on passage shall occur immediately following the conclusion of the debate on the qualifying legislation and a single quorum call at the conclusion of the debate, if requested in accordance with the rules of the Senate.
 (6)Rulings of the chair on procedureAppeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to qualifying legislation shall be decided without debate.
 (7)Consideration of veto messagesDebate in the Senate of any veto message with respect to qualifying legislation, including all debatable motions and appeals in connection with such qualifying legislation, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the Minority Leader or their designees.
				(f)Rules relating to senate and house of representatives
 (1)Coordination with action by other houseIf, before the passage by one House of qualifying legislation of that House, that House receives qualifying legislation from the other House, then the following procedures shall apply:
 (A)The qualifying legislation of the other House shall not be referred to a committee. (B)With respect to qualifying legislation of the House receiving the legislation—
 (i)the procedure in that House shall be the same as if no qualifying legislation had been received from the other House; but
 (ii)the vote on passage shall be on the qualifying legislation of the other House. (2)Treatment of a bill of other houseIf one House fails to introduce qualifying legislation under this section, the qualifying legislation of the other House shall be entitled to expedited floor procedures under this section.
 (3)Treatment of companion measuresIf, following passage of the qualifying legislation in the Senate, the Senate then receives a companion measure from the House of Representatives, the companion measure shall not be debatable.
 (4)Application to revenue measuresThe provisions of this subsection shall not apply in the House of Representatives to qualifying legislation which is a revenue measure.
 (g)DefinitionsIn this section: (1)Foreign terrorist organizationThe term foreign terrorist organization means an organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
 (2)KnowinglyThe term knowingly has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note).
 4.DefinitionsIn this Act: (1)Joint Comprehensive Plan of Action; JCPOAThe term Joint Comprehensive Plan of Action or JCPOA means the Joint Comprehensive Plan of Action signed at Vienna on July 14, 2015, by Iran and by France, Germany, the Russian Federation, the People’s Republic of China, the United Kingdom, and the United States, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action.
 (2)Implementation DayThe term Implementation Day has the meaning given that term by the Joint Comprehensive Plan of Action.


113 S501 IS: Volunteer Responder Incentive Protection Reauthorization Act of 2013
U.S. Senate
2013-03-07
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.

		II
		113th CONGRESS
		1st Session
		S. 501
		IN THE SENATE OF THE UNITED STATES

			March 7, 2013
			Mr. Schumer (for himself
			 and Ms. Collins) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to extend and
		  increase the exclusion for benefits provided to volunteer firefighters and
		  emergency medical responders.

		1.Short titleThis Act may be cited as the
			 Volunteer Responder Incentive
			 Protection Reauthorization Act of 2013.
		2.Benefits provided to
			 volunteer firefighters and emergency medical responders
			(a)Increase in
			 dollar limitation on qualified paymentsSubparagraph (B) of section 139B(c)(2) of
			 the Internal Revenue Code of 1986 is amended by striking $30 and
			 inserting $50.
			(b)ExtensionSubsection
			 (d) of section 139B of the Internal Revenue Code of 1986 is amended by striking
			 beginning after December 31, 2010. and inserting
			 “beginning—

					(1)after December
				31, 2010, and before January 1, 2014, or
					(2)after December
				31,
				2016.
					.
			(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2013.


115 S2493 IS: DEA Enforcement and Authority Act of 2018
U.S. Senate
2018-03-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS2d Session
		S. 2493
		IN THE SENATE OF THE UNITED STATES

			March 5, 2018
			Mr. Manchin introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To clarify the congressional intent behind the requirements relating to immediate suspension orders
			 and corrective action plans under the Controlled Substances Act that were
			 added by the Ensuring Patient Access and Effective Drug Enforcement Act of
			 2016.

 1.Short titleThis Act may be cited as the DEA Enforcement and Authority Act of 2018. 2.Denial, revocation, or suspension of controlled substances registration (a)Standard of review for immediate suspension ordersSection 304(d)(2) of the Controlled Substances Act (21 U.S.C. 824(d)(2)) is amended by striking a substantial likelihood of an immediate threat and inserting probable cause.
			(b)Opportunity To submit corrective action plan prior to revocation or suspension
 (1)In generalSection 304(c) of the Controlled Substances Act (21 U.S.C. 824(c)) is amended— (A)by striking paragraphs (2) through (5);
 (B)by striking (c)(1) Before and inserting (c) Before; and (C)by adding at the end the following: The order to show cause shall contain a statement of the basis thereof and shall call upon the applicant or registrant to appear before the Attorney General at a time and place stated in the order, but in no event less than 30 days after the date of receipt of the order. Proceedings to deny, revoke, or suspend shall be conducted pursuant to this section in accordance with subchapter II of chapter 5 of title 5, United States Code. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this title or any other law of the United States..
 (2)Applicability to pending corrective action plansThe Attorney General shall not be required to review any corrective action plan submitted by an applicant or registrant under section 304(c)(2) of the Controlled Substances Act (21 U.S.C. 824(c)(2)), as in effect on the day before the date of enactment of this Act.


116 HR 5933 IH: Disclosure of Tax Havens and Offshoring Act
U.S. House of Representatives
2020-02-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 5933IN THE HOUSE OF REPRESENTATIVESFebruary 21, 2020Mrs. Axne (for herself, Mr. Doggett, Ms. Wexton, and Mr. Lynch) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Securities Act of 1934 to require country-by-country reporting.1.Short titleThis Act may be cited as the Disclosure of Tax Havens and Offshoring Act.2.Country-by-country reporting(a)Country-by-Country ReportingSection 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following new subsection:(s)Disclosure of financial performance on a country-by-Country basis(1)DefinitionsIn this subsection—(A)the term constituent entity means, with respect to a covered issuer, any separate business entity of the covered issuer;(B)the term covered issuer means an issuer who—(i)is a member of a multinational enterprise group; and(ii)the multinational enterprise group of which the issuer is a member has annual revenue for the preceding calendar year of not less than an amount determined by the Commission to conform to United States or international standards for country-by-country reporting; and(C)the term tax jurisdiction—(i)means a country or a jurisdiction that is not a country but that has fiscal autonomy; and(ii)includes a territory or possession of the United States that has fiscal autonomy.(2)Disclosure(A)In generalEach covered issuer shall file a report with the Commission that includes information described in subparagraph (B), and any other information required by the Commission, with respect to the reporting period described in subparagraph (C).(B)Information requiredThe information described in this subparagraph is as follows:(i)Constituent entity informationInformation on the constituent entity, including the following:(I)The complete legal name of the constituent entity.(II)The tax jurisdiction, if any, in which the constituent entity is resident for tax purposes.(III)The tax jurisdiction in which the constituent entity is organized or incorporated (if different from the tax jurisdiction of residence).(IV)The tax identification number, if any, used for the constituent entity by the tax administration of the constituent entity's tax jurisdiction of residence.(V)The main business activity or activities of the constituent entity.(ii)Tax jurisdictionInformation on each tax jurisdiction in which one or more constituent entities is resident, presented as an aggregated or consolidated form of the information for the constituent entities resident in each tax jurisdiction, including the following:(I)Revenues generated from transactions with other constituent entities.(II)Revenues not generated from transactions with other constituent entities.(III)Profit or loss before income tax.(IV)Total income tax paid on a cash basis to all tax jurisdictions.(V)Total accrued tax expense recorded on taxable profits or losses.(VI)Stated capital.(VII)Total accumulated earnings.(VIII)Total number of employees on a full-time equivalent basis.(IX)Net book value of tangible assets, which, for purposes of this section, does not include cash or cash equivalents, intangibles, or financial assets.(iii)Special rulesThe information listed in clause (ii) shall be provided, in aggregated or consolidated form, for any constituent entity or entities that have no tax jurisdiction of residence. In addition, if a constituent entity is an owner of a constituent entity that does not have a jurisdiction of tax residence, then the owner's share of such entity's revenues and profits will be aggregated or consolidated with the information for the owner's tax jurisdiction of residence.(C)Reporting periodThe reporting period covered by this paragraph is the period of the covered entity's applicable financial statement prepared for the 12-month period that ends with or within the taxable year of the covered issuer. If the covered issuer does not prepare an annual applicable financial statement, then the reporting period covered by this paragraph is the 12-month period that ends on the last day of the taxable year of the covered issuer.(D)Filing deadlineEach covered issuer shall submit to the Commission a report required under this section on or before the due date (including extensions) for filing that covered issuer’s tax return in the tax jurisdiction in which the covered issuer’s multinational enterprise group is resident.(E)RegulationThe Commission shall promulgate regulations carrying out this section that conform to United States or international standards for country-by-country reporting, including regulations promulgated by the Internal Revenue Service..(b)Rulemaking(1)DeadlinesThe Securities and Exchange Commission (in this section referred to as the Commission) shall—(A)not later than 270 days after the date of enactment of this Act, issue a proposed rule to carry out this section and the amendment made by this section; and(B)not later than 1 year after the date of enactment of this Act, issue a final rule to carry out this section and the amendment made by this section.(2)Data formatThe information required to be provided by this section shall be provided by the issuer in a report in a machine readable format prescribed by the Commission, and such report shall be made available to the public online, in such machine readable format as the Commission shall prescribe.(3)Effective dateSubsection (s) of section 13 of the Securities Exchange Act of 1934, as added by this section, shall become effective 1 year after the date on which the Commission issues a final rule under this section.


110 HR 890 : Student Loan Sunshine

U.S. House of Representatives
2007-05-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		110th CONGRESS
		1st Session
		H. R. 890
		IN THE SENATE OF THE UNITED
		  STATES

			May 10, 2007
			 Received; read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		AN ACT
		To establish requirements for lenders and
		  institutions of higher education in order to protect students and other
		  borrowers receiving educational loans.

		1.Short titleThis Act may be cited as the
			 Student Loan Sunshine
			 Act.
		2.Institution and
			 lender reporting and disclosure requirementsTitle I of the Higher Education Act of 1965
			 (20 U.S.C. 1001 et
			 seq.) is amended by adding at the end the following:

				ELender and
				institution requirements relating to educational loans
					151.DefinitionsIn this part:
						(1)Covered
				institutionThe term covered institution—
							(A)means any
				educational institution that offers a postsecondary educational degree,
				certificate, or program of study (including any institution of higher
				education, as such term is defined in section 102) and receives any Federal
				funding or assistance; and
							(B)includes an agent
				of the educational institution (including an alumni association, booster club,
				or other organization directly or indirectly associated with such institution)
				or employee of such institution.
							(2)Educational
				loanThe term educational loan (except when used as
				part of the term private educational loan) means—
							(A)any loan made,
				insured, or guaranteed under title IV; or
							(B)a private
				educational loan (as defined in
				paragraph (6)).
							(3)Preferred lender
				arrangementThe term preferred lender arrangement
				means an arrangement or agreement between a lender and a covered
				institution—
							(A)under which
				arrangement or agreement a lender provides or otherwise issues educational
				loans to the students attending the covered institution or the parents of such
				students; and
							(B)which arrangement
				or agreement relates to the covered institution recommending, promoting,
				endorsing, or using the educational loan product of the lender.
							(4)Lender
							(A)In
				generalThe term lender—
								(i)means a creditor,
				except that such term shall not include an issuer of credit secured by a
				dwelling or under an open end credit plan; and
								(ii)includes an agent
				of a lender.
								(B)Incorporation of
				TILA definitionsThe terms creditor,
				dwelling and open end credit plan have the
				meanings given such terms in section 103 of the Truth in Lending Act
				(15 U.S.C.
				1602).
							(5)OfficerThe
				term officer includes a director or trustee of an institution.
						(6)Private
				educational loanThe term private educational loan
				means a private loan provided by a lender that—
							(A)is not made,
				insured, or guaranteed under title IV; and
							(B)is issued by a
				lender expressly for postsecondary educational expenses to a student, or the
				parent of the student, regardless of whether the loan involves enrollment
				certification by the educational institution that the student attends.
							(7)Postsecondary
				educational expensesThe term postsecondary educational
				expenses means any of the expenses that are included as part of a
				student's cost of attendance, as defined under section 472.
						152.Requirements for
				lenders and institutions participating in preferred lender
				arrangements
						(a)Certification by
				lendersIn addition to any
				other disclosure required under Federal law, each lender that participates in
				one or more preferred lender arrangements shall annually certify to the
				Secretary that all of the preferred lender arrangements in which it
				participates is in compliance with the requirements of this Act. Such
				compliance of such preferred lender arrangement shall be reported on and
				attested to annually by the auditor of such lender in the audit conducted
				pursuant to section 428(b)(1)(U)(iii).
						(b)Provision of
				loan informationA lender may not provide a private educational
				loan to a student attending a covered institution with which the lender has a
				preferred lender arrangement, or the parent of such student, until the covered
				institution has informed the student or parent of their remaining options for
				borrowing under title IV, including information on any terms and conditions of
				available loans under such title that are more favorable to the
				borrower.
						(c)Use of
				institution name
							(1)In
				generalA covered institution that has entered into a preferred
				lender arrangement with a lender regarding private educational loans shall not
				allow the lender to use the name, emblem, mascot, or logo of the institution,
				or other words, pictures, or symbols readily identified with the institution,
				in the marketing of private educational loans to the students attending the
				institution in any way that implies that the institution endorses the private
				educational loans offered by the lender.
							(2)ApplicabilityParagraph
				(1) shall apply to any preferred lender arrangement, or
				extension of such arrangement, entered into or renewed after the date of
				enactment of the Student Loan Sunshine
				Act.
							153.Interest rate
				report for institutions and lenders participating in preferred lender
				arrangements
						(a)Duties of the
				Secretary
							(1)Report and model
				formatNot later than 180 days after the date of enactment of the
				Student Loan Sunshine Act, the Secretary shall—
								(A)prepare a report
				on the adequacy of the information provided to students and the parents of such
				students about educational loans, after consulting with students,
				representatives of covered institutions (including financial aid
				administrators, registrars, and business officers), lenders, loan servicers,
				and guaranty agencies;
								(B)develop and
				prescribe by regulation a model disclosure form to be used by lenders and
				covered institutions in carrying out
				subsections (b) and
				(c) that—
									(i)will be easy for
				students and parents to read and understand;
									(ii)will be easily
				usable by lenders, institutions, guaranty agencies, and loan servicers;
									(iii)will provide
				students and parents with the relevant information about the terms and
				conditions for both Federal and private educational loans;
									(iv)is based on the
				report's findings and developed in consultation with—
										(I)students;
										(II)representatives
				from institutions of higher education, including financial aid administrators,
				registrars, business officers, and student affairs officials;
										(III)lenders;
										(IV)loan
				servicers;
										(V)guaranty agencies;
				and
										(VI)with respect to the requirements of
				clause (vi) concerning private
				educational loans, the Board of Governors of the Federal Reserve System;
										(v)provides
				information on the applicable interest rates and other terms and conditions of
				the educational loans provided by a lender to students attending the
				institution, or the parents of such students, disaggregated by each type of
				educational loans provided to such students or parents by the lender,
				including—
										(I)the interest rate of the loan;
										(II)any fees
				associated with the loan;
										(III)the repayment
				terms available on the loan;
										(IV)the opportunity
				for deferment or forbearance in repayment of the loan, including whether the
				loan payments can be deferred if the student is in school;
										(V)any additional
				terms and conditions applied to the loan, including any benefits that are
				contingent on the repayment behavior of the borrower;
										(VI)the annual percentage rate for such loans,
				computed determined in the manner required under section 107 of the Truth in
				Lending Act (15
				U.S.C. 1606) on the basis of the actual net disbursed amount of
				the loan;
										(VII)the average
				amount borrowed from the lender by students enrolled in the institution who
				obtain loans of such type from the lender for the preceding academic year;
										(VIII)the average
				interest rate on such loans provided to such students for the preceding
				academic year;
										(IX)contact information for the lender;
				and
										(X)any philanthropic contributions made by the
				lender to the covered institution; and
										(vi)provides, in addition, with respect to
				private educational loans, the following information with respect to loans made
				by each lender recommended by the covered institution:
										(I)the method of
				determining the interest rate of the loan;
										(II)whether, and
				under what conditions, early repayment may be available without penalty;
										(III)late payment
				penalties; and
										(IV)such other
				information as the Secretary may require; and
										(C)(i)submit the report and
				model disclosure form to the Committee on Health, Education, Labor, and
				Pensions of the Senate and the Committee on Education and Labor of the House of
				Representatives; and
									(ii)make the report and model
				disclosure form available to covered institutions, lenders, and the
				public.
									(2)Model form
				updateNot later than 1 year after the submission of the report
				and model disclosure form described in
				paragraph (1)(B), the Secretary
				shall—
								(A)assess the
				adequacy of the model disclosure form;
								(B)after consulting
				with students, representatives of covered institutions (including financial aid
				administrators, registrars, and business officers), lenders, loan servicers,
				and guaranty agencies—
									(i)prepare a list of
				any improvements to the model disclosure form that have been identified as
				beneficial to borrowers; and
									(ii)update the model
				disclosure form after taking such improvements into consideration; and
									(C)(i)submit the list of
				improvements and updated model disclosure form to the Committee on Health,
				Education, Labor, and Pensions of the Senate and the Committee on Education and
				Labor of the House of Representatives; and
									(ii)make updated model disclosure form
				available to covered institutions, lenders, and the public.
									(3)Use of
				formThe Secretary shall take such steps as necessary to make the
				model disclosure form, and any updated model disclosure form, available to
				covered institutions and to encourage—
								(A)lenders subject to
				subsection (b) to use the model disclosure
				form or updated model disclosure form (if available) in providing the
				information required under
				subsection (b); and
								(B)covered
				institutions to use such format in preparing the information reported under
				subsection (c).
								(4)ProceduresSections 482(c) and 492 of this Act shall
				not apply to the model disclosure form in the regulations prescribed under
				paragraph (1)(B), but shall apply to
				the updating of such form under
				paragraph (2).
							(b)Lender
				dutiesEach lender that has a preferred lender arrangement with a
				covered institution shall annually, by a date determined by the Secretary,
				provide to the covered institution and to the Secretary the information
				included on the model disclosure form or an updated model disclosure form (if
				available) for each type of educational loan provided by the lender to students
				attending the covered institution, or the parents of such students, for the
				preceding academic year.
						(c)Covered
				institution reportsEach covered institution shall—
							(1)prepare and submit
				to the Secretary an annual report, by a date determined by the Secretary, that
				includes, for each lender that has a preferred lender arrangement with the
				covered institution and that has submitted to the institution the information
				required under
				subsection (b)—
								(A)the information
				included on the model disclosure form or updated model disclosure form (if
				available) for each type of educational loan provided by the lender to students
				attending the covered institution, or the parents of such students; and
								(B)a detailed
				explanation of why the covered institution believes the terms and conditions of
				each type of educational loan provided pursuant to the agreement are beneficial
				for students attending the covered institution, or the parents of such
				students; and
								(2)ensure that the
				report required under
				paragraph (1) is made available to the
				public and provided to students attending or planning to attend the covered
				institution, and the parents of such students, in time for the student or
				parent to take such information into account before applying for or selecting
				an educational loan.
							(d)Disclosures by
				Covered InstitutionsA
				covered institution shall disclose, on its website and in the informational
				materials described in
				subsection (e)—
							(1)a statement
				that—
								(A)indicates that
				students are not limited to or required to use the lenders the institutions
				recommends; and
								(B)the institution is
				required to process the documents required to obtain a loan from any eligible
				lender the student selects;
								(2)at a minimum, all
				of the information provided by the model disclosure form prescribed under
				subsection (a)(1)(B) with respect to
				any lender recommended by the institution for Federal student loans and, as
				applicable, private educational loans;
							(3)the maximum amount
				of Federal grant and loan aid available to students in an easy-to-understand
				format; and
							(4)the institution's
				cost of attendance (as determined under section 472).
							(e)Informational
				MaterialsThe informational
				materials described in this subsection are any publications, mailings, or
				electronic messages or media distributed to prospective or current students and
				parents of students that describe, discuss, or relate to the financial aid
				opportunities available to students at an institution of higher education.
						154.Private
				educational loan disclosure requirements for covered institutionsA covered institution that provides
				information to any student, or the parent of such student, regarding a private
				educational loan from a lender shall, prior to or concurrent with such
				information—
						(1)inform the student
				or parent of—
							(A)the student or
				parent's eligibility for assistance and loans under title IV; and
							(B)the terms and
				conditions of such private educational loan that are less favorable than the
				terms and conditions of educational loans for which the student or parent is
				eligible, including interest rates, repayment options, and loan forgiveness;
				and
							(2)ensure that
				information regarding such private educational loan is presented in such a
				manner as to be distinct from information regarding loans that are made,
				insured, or guaranteed under title IV.
						155.Integrity
				provisions
						(a)Institution Code
				of Conduct Required
							(1)Code of
				ConductEach institution of
				higher education that participates in the Federal student loan programs under
				title IV or has students that obtain private educational loans shall—
								(A)develop a code of
				conduct in accordance with
				paragraph (2) with which its officers,
				employees, and agents shall comply with respect to educational loans;
								(B)publish the code
				of conduct prominently on its website; and
								(C)administer and
				enforce such code in accordance with the requirements of this
				subsection.
								(2)Contents of
				codeThe code required by this section shall—
								(A)prohibit a
				conflict of interest or the appearance of a conflict of interest with the
				responsibilities of such officer, employee, or agent with respect to student
				loans or other financial aid; and
								(B)at a minimum,
				include provisions in compliance with the provisions of the following
				subsections of this section.
								(3)Training and
				complianceAn institution of
				higher education shall administer and enforce a code of conduct required by
				this section by, at a minimum, requiring all of its officers, employees, and
				agents with responsibilities with respect to student loans or other financial
				aid to obtain training annually in compliance with the code.
							(b)Gift
				ban
							(1)ProhibitionA lender, guarantor, or servicer of
				educational loans shall not offer any gift to an officer, employee, or agent of
				a covered institution.
							(2)Inspector
				General reportThe Inspector General of the Department of
				Education shall investigate any reported violation of this subsection and shall
				annually submit a report to the Committee on Health, Education, Labor, and
				Pensions of the Senate and the Committee on Education and Labor of the House of
				Representatives identifying all reported violations of the gift ban under
				paragraph (1), including the lenders
				involved in each such violation, for the preceding year.
							(3)Definition of
				gift
								(A)In
				generalIn this subsection, the term gift means any
				gratuity, favor, discount, entertainment, hospitality, loan, or other item
				having a monetary value of more than a de minimus amount. The term includes a
				gift of services, transportation, lodging, or meals, whether provided in kind,
				by purchase of a ticket, payment in advance, or reimbursement after the expense
				has been incurred.
								(B)ExceptionsThe
				term gift shall not include any of the following:
									(i)Standard
				informational material related to a loan or financial literacy, such as a
				brochure.
									(ii)Food, refreshments, training, or
				informational material furnished to an officer, employee, or agent of an
				institution as an integral part of a training session that is designed to
				improve the lender's service to the covered institution, if such training
				contributes to the professional development of the officer, employee, or agent
				of the institution.
									(iii)Favorable terms,
				conditions, and borrower benefits on an educational loan provided to a student
				employed by the covered institution if such terms, conditions, or benefits are
				comparable to those provided to all students of the institution.
									(iv)Exit counseling services provided to
				borrowers to meet a covered institution’s responsibilities for exit counseling
				as required by section 485(b) provided that—
										(I)a
				covered institution’s staff are in control of the counseling (whether in person
				or via electronic capabilities); and
										(II)such counseling
				does not promote the products or services of any lender.
										(C)Rule for gifts
				to family membersFor
				purposes of this section, a gift to a family member of an officer, employee, or
				agent of a covered institution, or a gift to any other individual based on that
				individual’s relationship with the officer, employee, or agent, shall be
				considered a gift to the officer, employee, or agent if—
									(i)the gift is given with the knowledge and
				acquiescence of the officer, employee, or agent; and
									(ii)the officer, employee, or agent has reason
				to believe the gift was given because of the official position of the officer,
				employee, or agent.
									(c)Fees from
				lenders for service prohibitedAn officer, employee, or agent who is
				employed in the financial aid office of the institution, or who otherwise has
				responsibilities with respect to educational loans or other financial aid,
				shall not accept from any lender or affiliate of any lender (as the term
				affiliate is defined in section 487(a)) any fee, payment, or other financial
				benefit (including the opportunity to purchase stock) as compensation for
				consulting services, serving on an advisory council, or otherwise advising such
				lender or affiliate.
						(d)Ban on
				educational loan arrangements
							(1)ProhibitionAn
				institution of higher education shall not enter into any educational loan
				arrangement with any lender.
							(2)DefinitionFor
				purposes of this subsection, an educational loan arrangement is an arrangement
				between an institution of higher education (or an agent of the institution) and
				a lender under which—
								(A)a lender provides
				or issues educational loans to students attending the institution or to parents
				of such students;
								(B)the institution
				recommends the lender or the loan products of the lender; and
								(C)the lender pays a fee or provides other
				material benefits, including profit or revenue sharing, to the institution or
				officers, employees, or agents of the institution.
								(e)Ban on staffing
				assistance
							(1)ProhibitionAn institution of higher education shall
				not request or accept from any lender any assistance with call center staffing
				or financial aid office staffing.
							(2)Certain
				assistance permittedNothing in
				paragraph (1) shall be construed to
				prohibit an institution from requesting or accepting assistance from a lender
				related to—
								(A)professional
				development training for financial aid administrators; or
								(B)providing
				educational counseling materials, financial literacy materials, or debt
				management materials to borrowers, provided that such materials disclose to
				borrowers the identification of any lender that assisted in preparing or
				providing such materials.
								(f)Ban on
				opportunity poolsAn
				institution of higher education shall not request, accept, or consider from any
				lender any offer of funds to be used for private educational loans to students
				in exchange for the covered institution providing concessions or promises to
				the lender, and a lender shall not make any such offer.
						(g)Ban on
				participation on advisory councilsAn officer, employee, or agent who is
				employed in the financial aid office of a covered institution, or who otherwise
				has responsibilities with respect to educational loans or other financial aid,
				shall not serve on or otherwise participate with advisory councils of lenders
				or affiliates of lenders. Nothing in this subsection shall prohibit lenders
				from seeking advice from covered institutions or groups of covered institutions
				(including through telephonic or electronic means, or a meeting) in order to
				improve products and services for borrowers, provided there are no gifts or
				compensation (including for transportation, lodging, or related expenses)
				provided by lenders in connection with seeking this advice from such
				institutions.
						156.Compliance and
				enforcement
						(a)Condition of any
				Federal assistanceNotwithstanding any other provision of law,
				a covered institution or lender shall comply with this part as a condition of
				receiving Federal funds or assistance provided after the date of enactment of
				the Student Loan Sunshine Act.
						(b)PenaltiesNotwithstanding any other provision of law,
				if the Secretary determines, after providing notice and an opportunity for a
				hearing for a covered institution or lender, that the covered institution or
				lender has violated
				subsection (a)—
							(1)in the case of a
				covered institution, or a lender that does not participate in a loan program
				under title IV, the Secretary may impose a civil penalty in an amount of not
				more than $25,000; and
							(2)in the case of a
				lender that does participate in a program under title IV, the Secretary may
				limit, terminate, or suspend the lender’s participation in such program.
							(c)ConsiderationsIn
				taking any action against a covered institution or lender under
				subsection (b), the Secretary shall take
				into consideration the nature and severity of the violation of
				subsection
				(a).
						.
		3.Program
			 participation agreementsSection 487(a) of the Higher Education Act
			 of 1965 (20 U.S.C.
			 1094(a)) is amended by adding at the end the following:

				(24)(A)In the case of an institution (including an
				officer (including a director or trustee), employee, or agent of an
				institution) that maintains a preferred lender list, in print or any other
				medium, through which the institution recommends 1 or more specific lenders for
				educational loans (as such term is defined in section 151 of this Act, but
				excluding loans under part D of this title) to the students attending the
				institution (or the parents of such students), the institution will—
						(i)clearly and fully disclose on the
				preferred lender list—
							(I)why the institution has included each
				lender as a preferred lender, especially with respect to terms and conditions
				favorable to the borrower; and
							(II)that the students attending the
				institution (or the parents of such students) do not have to borrow from a
				lender on the preferred lender list;
							(ii)ensure, through the use of the
				list provided by the Secretary under
				subparagraph (C), that—
							(I)there
				are not less than 3 lenders named on the each preferred lending list offered by
				the institution that are not affiliates of each other; and
							(II)the preferred lender list—
								(aa)specifically indicates, for each
				lender on the list, whether the lender is or is not an affiliate of each other
				lender on the list; and
								(bb)if the lender is an affiliate of
				another lender on the list, describes the specifics of such affiliation;
								(iii)establish and prominently disclose a
				process to ensure that lenders are placed upon the preferred lender list on the
				basis of the benefits provided to borrowers, including—
							(I)highly competitive interest rates, terms,
				or conditions for loans made under part B;
							(II)high-quality servicing for such loans;
				or
							(III)additional benefits beyond the standard
				terms and conditions for such loans;
							(iv)exercise a duty of care and a duty of
				loyalty to compile the preferred lender list without prejudice and for the sole
				benefit of the student;
						(v)not deny or otherwise impede the
				borrower’s choice of a lender or cause unnecessary delays in loan certification
				under this title for those borrowers who choose a lender than has not been
				recommended or suggested by the institution.
						(B)For the purposes of
				subparagraph (A)(ii)—
						(i)the term affiliate
				means a person that controls, is controlled by, or is under common control with
				another person; and
						(ii)a person controls, is controlled
				by, or is under common control with another person if—
							(I)the person directly or indirectly, or
				acting through 1 or more others, owns, controls, or has the power to vote 5
				percent or more of any class of voting securities of such other person;
							(II)the person controls, in any manner, the
				election of a majority of the directors or trustees of such other person;
				or
							(III)the Secretary determines (after notice
				and opportunity for a hearing) that the person directly or indirectly exercises
				a controlling interest over the management or policies of such other
				person.
							(C)The Secretary shall maintain and
				update a list of lender affiliates of all eligible lenders, and shall provide
				such list to the eligible institutions for use in carrying out
				subparagraph
				(A).
					.
		4.Notice of
			 availability of funds from Federal sourcesSection 128 of the Truth in Lending Act
			 (15 U.S.C.
			 1638) is amended by adding at the end the following:

				(e)Disclosures
				relating to private educational loans
					(1)In
				generalIn the case of an extension of credit that is a private
				educational loan, other than a loan secured by a dwelling or an open end credit
				plan, the creditor shall provide in every application for such extensions of
				credit and together with any solicitation, marketing, or advertisement of such
				extensions of credit, written, electronic, or otherwise, the disclosures
				described in paragraph (2).
					(2)DisclosuresDisclosures
				required by this subsection shall include a clear and prominent
				statement—
						(A)that the borrower
				may qualify for Federal financial assistance through a program under title IV
				of the Higher Education Act of 1965, in lieu of or in addition to a loan from a
				non-Federal source;
						(B)that in many cases, a Federal student loan
				may provide the consumer with more beneficial terms and conditions, including a
				lower annual percentage rate and fewer and lower fees, than private educational
				loans;
						(C)that the consumer
				may obtain additional information concerning such Federal financial assistance
				from their institution of higher education or at the website of the Department
				of Education; and
						(D)such other
				information as the Board may require.
						(3)Clear and
				conspicuous disclosureThe
				disclosure required under
				paragraph (2) shall be placed in a
				conspicuous and prominent location on or with any written application,
				solicitation, or other document or paper relating to any extension of credit
				consisting of or involving a private educational loan for which such disclosure
				is required under this subsection.
					(4)Written
				acknowledgment of receiptIn
				each case in which a disclosure is provided pursuant to
				paragraph (2) and an application initiated,
				a creditor shall obtain a written acknowledgment from the consumer that the
				consumer has read and understood the disclosure.
					(5)Additional
				disclosuresIn the case of an
				extension of credit that is a private educational loan, other than a loan
				secured by a dwelling or an open end credit plan, the creditor shall make
				available, in a clear and accessible manner (including through the website of
				the creditor), the information required by sections 153(a)(1)(B)(iv) and (v) of
				the Higher Education Act of 1965.
					(6)Provision of
				informationBefore a creditor may issue any funds with respect to
				an extension of credit described in
				paragraph (1) for an amount equal to more
				than $1,000, the creditor shall notify the relevant postsecondary educational
				institution, in writing, of the proposed extension of credit and the amount
				thereof.
					(7)Regulatory
				authorityThe Board—
						(A)shall issue such
				rules and regulations as may be necessary to implement this subsection;
				and
						(B)may, by rule,
				establish appropriate exceptions to the requirements of this subsection.
						(8)DefinitionsAs
				used in this subsection, the terms private educational loan and
				covered institution have the same meanings as in section 151 of
				the Higher Education Act of
				1965.
					.
		5.Improved
			 information concerning the Federal student financial aid websiteSection 131 of the Higher Education Act of
			 1965 (20 U.S.C.
			 1015) is amended by adding at the end the following new
			 subsection:

				(e)Promotion of the
				Department of Education Federal student financial aid websiteThe
				Secretary—
					(1)shall display a link to the Federal student
				financial aid website of the Department of Education in a prominent place on
				the homepage of the Department of Education website; and
					(2)may use administrative funds available for
				the Department’s operations and expenses for the purpose of advertising and
				promoting the availability of the Federal student financial aid website.
					(f)Promotion of
				availability of information concerning student financial aid programs of other
				departments and agencies
					(1)Availability of
				informationThe Secretary
				shall ensure that the eligibility requirements, application procedures,
				financial terms and conditions, and other relevant information for each
				non-departmental student financial assistance program are easily accessible
				through the Federal student financial aid website and are incorporated into the
				search matrix on such website in a manner that permits students and parents to
				readily identify the programs that are appropriate to their needs and
				eligibility.
					(2)Agency
				responseEach Federal
				department and agency shall promptly respond to surveys or other requests for
				the information required by
				paragraph (1), and shall identify for the
				Secretary any non-departmental student financial assistance program operated,
				sponsored, or supported by such Federal department or agency.
					(3)DefinitionFor purposes of this subsection, the term
				non-departmental student financial assistance program means any
				grant, loan, scholarship, fellowship, or other form of financial aid for
				students pursuing a postsecondary education that is—
						(A)distributed
				directly to the student or to the student's account at the institution of
				higher education; and
						(B)operated,
				sponsored, or supported by a Federal department or agency other than the
				Department of
				Education.
						.

			Passed the House of
			 Representatives May 9, 2007.
			Lorraine C. Miller,
			Clerk.


		I
		112th CONGRESS
		2d Session
		H. R. 5299
		IN THE HOUSE OF REPRESENTATIVES

			April 27, 2012
			Mr. Roe of Tennessee
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on Ortho
		  Toluidine.

		1.Ortho Toluidine
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00o-Toluidine, (CAS No. 95–53–4) (provided for in subheading
						2921.43.90) FreeNo changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


116 S3032 IS: Renewable Energy Transferability Act
U.S. Senate
2019-12-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 3032IN THE SENATE OF THE UNITED STATESDecember 12, 2019Mr. Bennet introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to allow for transfers of the renewable electricity
			 production credit, the energy credit, and the credit for carbon oxide
			 sequestration.

 1.Short titleThis Act may be cited as the Renewable Energy Transferability Act. 2.Transfers of credits for renewable electricity production facilities and energy property (a)Renewable electricity production creditSection 45(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

					(12)Transfer of credit
 (A)In generalIf the taxpayer elects to transfer all (or any portion specified in the election) of the credit determined under this section for any taxable year with respect to any qualified facility to an eligible project partner for a specified period, then, the eligible project partner specified in such election (and not the taxpayer) shall be treated for purposes of this title with respect to such credit (or such portion thereof) as the person producing and selling the electricity to which such credit (or portion thereof) relates.
 (B)Deduction for payments in connection with transferThere shall be allowed as a deduction under part VI of subchapter B an amount equal to the amount paid by a taxpayer as consideration for a transfer described in subparagraph (A).
 (C)Eligible project partnerFor purposes of this paragraph, the term eligible project partner means, with respect to any qualified facility, any person who— (i)has an ownership interest in such qualified facility,
 (ii)provided equipment for or services in the construction of such qualified facility, (iii)provides electric transmission or distribution services for such qualified facility,
 (iv)purchases electricity from such qualified facility pursuant to a contract, or (v)provides financing for such qualified facility.
							For purposes of clause (v), any amount paid as consideration for a transfer described in
			 subparagraph (A) shall not be treated as financing of a qualified
 facility.(D)Taxable year in which credit taken into accountIn the case of any credit (or portion thereof) with respect to which an election is made under subparagraph (A), such credit shall be taken into account in the first taxable year of the eligible project partner ending with, or after, the electing taxpayer’s taxable year with respect to which the credit was determined.
						(E)Limitations on election
 (i)Time for electionAn election under this paragraph to transfer any portion of the credit allowed under this section shall be made not later than the due date for the return of tax for the electing taxpayer’s taxable year with respect to which the credit was determined.
 (ii)No further transfersNo election may be made under this paragraph by a taxpayer with respect to any portion of the credit allowed under this section which has been previously transferred to such taxpayer under this paragraph.
 (F)Treatment of transfer under private use rulesFor purposes of section 141(b)(1), any benefit derived by an eligible project partner in connection with an election under this paragraph shall not be taken into account as a private business use.
 (G)Additional election requirementsThe Secretary may prescribe such regulations as may be appropriate to carry out the purposes of this paragraph, including—
 (i)rules for determining which persons are eligible project partners with respect to any energy property, and
 (ii)requiring information to be included in an election under subparagraph (A) or imposing additional reporting requirements..
			(b)Energy credit
 (1)In generalSection 48 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

						(e)Transfer of credit
 (1)In generalIf the taxpayer elects to transfer all (or any portion specified in the election) of the credit determined under this section for any taxable year with respect to any energy property to an eligible project partner, the eligible project partner specified in such election (and not the taxpayer) shall be treated as the taxpayer for purposes of this title with respect to such credit (or portion thereof).
 (2)Deduction for payments in connection with transferThere shall be allowed as a deduction under part VI of subchapter B an amount equal to the amount paid by a taxpayer as consideration for a transfer described in paragraph (1).
 (3)Eligible project partnerFor purposes of this subsection, the term eligible project partner means, with respect to any energy property, any person who— (A)has an ownership interest in such energy property,
 (B)provided equipment for or services in the construction of such energy property, (C)provides electric transmission or distribution services for such energy property,
 (D)purchases electricity from such qualified facility pursuant to a contract, or (E)provides financing for such energy property.
								For purposes of subparagraph (E), any amount paid as consideration for a transfer described in
 paragraph (1) shall not be treated as financing of a qualified facility.(4)Taxable year in which credit taken into accountIn the case of any credit (or portion thereof) with respect to which an election is made under paragraph (1), such credit shall be taken into account in the first taxable year of the eligible project partner ending with, or after, the electing taxpayer’s taxable year with respect to which the credit was determined.
							(5)Limitations on election
 (A)Time for electionAn election under this subsection to transfer any portion of the credit allowed under this section shall be made not later than the due date for the return of tax for the electing taxpayer’s taxable year with respect to which the credit was determined.
 (B)No further transfersNo election may be made under this subsection by a taxpayer with respect to any portion of the credit allowed under this section which has been previously transferred to such taxpayer under this subsection.
 (6)Treatment of transfer under private use rulesFor purposes of section 141(b)(1), any benefit derived by an eligible project partner in connection with an election under this subsection shall not be taken into account as a private business use.
 (7)Additional election requirementsThe Secretary may prescribe such regulations as may be appropriate to carry out the purposes of this subsection, including—
 (A)rules for determining which persons are eligible project partners with respect to any energy property, and
 (B)requiring information to be included in an election under paragraph (1) or imposing additional reporting requirements..
 (2)Normalization rulesSection 50(d) of such Code is amended by adding at the end the following: In the case of any energy property with respect to which an election is made under section 48(e)(1), the rules of the section 46(f) referred to in paragraph (2) shall apply only to the extent of amounts paid in consideration of the transfer to which such election relates..
 (c)Credit for carbon oxide sequestrationSubparagraph (B) of section 45Q(f)(3) of the Internal Revenue Code of 1986 is amended to read as follows:

					(B)Transfer of credit
 (i)In generalIf the person described in subparagraph (A) elects to transfer all (or any portion specified in the election) of the credit determined under this section for any taxable year with respect to any qualified facility to an eligible project partner for a specified period, then, the eligible project partner specified in such election (and not the person described in subparagraph (A)) shall be treated for purposes of this title with respect to such credit (or such portion thereof) as the person described in clause (i) or (ii) of such subparagraph, as applicable, to which such credit (or portion thereof) relates.
 (ii)Deduction for payments in connection with transferThere shall be allowed as a deduction under part VI of subchapter B an amount equal to the amount paid by a taxpayer as consideration for a transfer described in clause (i).
 (iii)Eligible project partnerFor purposes of this subparagraph, the term eligible project partner means, with respect to any qualified facility, any person who— (I)has an ownership interest in such qualified facility or any carbon capture equipment which is placed in service at such qualified facility,
 (II)provided equipment for or services in the construction of such qualified facility or any carbon capture equipment which is placed in service at such qualified facility,
 (III)provides fuel or feedstock for the operation of such qualified facility, (IV)provides transportation, transmission, or distribution services for such qualified facility,
 (V)purchases, pursuant to a contract, the industrial output of such qualified facility or the commercial products produced by utilization of qualified carbon oxide captured at such qualified facility,
 (VI)disposes of the qualified carbon oxide, utilizes the qualified carbon oxide, or uses the qualified carbon oxide as a tertiary injectant, or
 (VII)provides financing for such qualified facility or any carbon capture equipment which is placed in service at such qualified facility.
							For purposes of subclause (VII), any amount paid as consideration for a transfer described in
 clause (i) shall not be treated as financing of a qualified facility.(iv)Taxable year in which credit taken into accountIn the case of any credit (or portion thereof) with respect to which an election is made under clause (i), such credit shall be taken into account in the first taxable year of the eligible project partner ending with, or after, the electing taxpayer’s taxable year with respect to which the credit was determined.
						(v)Limitations on election
 (I)Time for electionAn election under this subparagraph to transfer any portion of the credit allowed under this section shall be made not later than the due date for the return of tax for the electing taxpayer’s taxable year with respect to which the credit was determined.
 (II)No further transfersNo election may be made under this subparagraph by a taxpayer with respect to any portion of the credit allowed under this section which has been previously transferred to such taxpayer under this subparagraph.
 (vi)Treatment of transfer under private use rulesFor purposes of section 141(b)(1), any benefit derived by an eligible project partner in connection with an election under this subparagraph shall not be taken into account as a private business use.
 (vii)Additional election requirementsThe Secretary may prescribe such regulations as may be appropriate to carry out the purposes of this subparagraph, including—
 (I)rules for determining which persons are eligible project partners with respect to any qualified facility, and
 (II)requiring information to be included in an election under clause (i) or imposing additional reporting requirements.
 (viii)Transition rulesAny election made under this subparagraph with respect to a qualified facility for any taxable years beginning before the date of enactment of the Renewable Energy Transferability Act shall not apply to any taxable years beginning after the date of enactment of such Act, and the person described in subparagraph (A) may make a new election or elections under clause (i) with respect to such qualified facility..
 (d)Special rule for proceeds of transfers for mutual or cooperative electric companiesSection 501(c)(12)(I) of such Code is amended by striking 45J(e)(1) and inserting 45(e)(12), 45J(e)(1), 45Q(f)(3)(B), or 48(e)(1). (e)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


		II
		110th CONGRESS
		2d Session
		S. 3156
		IN THE SENATE OF THE UNITED STATES

			June 18, 2008
			Mr. Wicker introduced
			 the following bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To require the Federal Communications Commission to
		  prescribe a standard to preclude commercials from being broadcast at louder
		  volumes than the program material they accompany.

		1.Short titleThis Act may be cited as the
			 Commercial Advertisement Loudness
			 Mitigation Act.
		2.Rulemaking on
			 loud commercials required
			(a)Regulation
			 requiredWithin one year after the date of enactment of this Act,
			 the Federal Communications Commission shall prescribe pursuant to the
			 Communications Act of 1934 (47 U.S.C. 151 et seq.) a regulation that provides,
			 in connection with any video programming that is broadcast or that is
			 distributed by any multichannel video programming distributor, that—
				(1)advertisements
			 accompanying such video programming shall not be excessively noisy or
			 strident;
				(2)such
			 advertisements shall not be presented at modulation levels substantially higher
			 than the program material that such advertisements accompany; and
				(3)the average
			 maximum loudness of such advertisements shall not be substantially higher than
			 the average maximum loudness of the program material that such advertisements
			 accompany.
				(b)DefinitionsFor
			 purposes of this section, the terms video programming and
			 multichannel video programming distributor have the meanings given
			 such terms in section 602 of Communications Act of 1934 (47 U.S.C. 522).


117 S1119 IS: Small Business Lending Fairness Act
U.S. Senate
2021-04-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1119IN THE SENATE OF THE UNITED STATESApril 14, 2021Mr. Brown (for himself and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo amend the Truth in Lending Act to prohibit certain unfair credit practices, and for other purposes.1.Short titleThis Act may be cited as the Small Business Lending Fairness Act.2.Obligor transactions(a)In generalChapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following:140B.Unfair credit practices(a)In generalIn connection with the extension of credit or creation of debt in or affecting commerce, as defined in section 4 of the Federal Trade Commission Act (15 U.S.C. 44), including any advance of funds or sale or assignment of future income or receivables that may or may not be credit, no person may directly or indirectly take or receive from another person an obligation that constitutes or contains a cognovit or confession of judgment (for purposes other than executory process in the State of Louisiana), warrant of attorney, or other waiver of the right to notice and the opportunity to be heard in the event of suit or process thereon.(b)ExemptionThe exemption in section 104(1) shall not apply to this section..(b)Technical and conforming amendments(1)Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by adding at the end the following:(ff)The term debt means any obligation of a person to pay to another person money—(1)regardless of whether the obligation is absolute or contingent if the understanding between the parties is that any part of the money shall be or may be returned;(2)that includes the right of the person providing the money to an equitable remedy for breach of performance if the breach gives rise to a right to payment; and(3)regardless of whether the obligation or right to an equitable remedy described in paragraph (2) has been reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured..(2)Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640) is amended by striking creditor each place the term appears and inserting person.


		II
		112th CONGRESS
		1st Session
		S. 1272
		IN THE SENATE OF THE UNITED STATES

			June 23, 2011
			Mr. Udall of New Mexico
			 (for himself and Mr. Bingaman) introduced
			 the following bill; which was read twice and referred to the
			 Committee on Veterans'
			 Affairs

		A BILL
		To require the Secretary of Veterans Affairs to submit to
		  Congress a report on the feasibility and advisability of establishing a
		  polytrauma rehabilitation center or polytrauma network site of the Department
		  of Veterans Affairs in the southern New Mexico and El Paso, Texas, region, and
		  for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Southern New Mexico and El Paso,
			 Texas, Veterans Traumatic Brain Injury Care Improvement Act of
			 2011.
		2.Report on
			 establishment of polytrauma rehabilitation center or polytrauma network site of
			 Department of Veterans Affairs in southern New Mexico and El Paso, Texas,
			 region
			(a)FindingsCongress
			 makes the following findings:
				(1)The military
			 population of the southern New Mexico and El Paso, Texas, region has grown
			 greatly since the United States has been involved in military operations in
			 Iraq and Afghanistan and members of the Armed Forces returning from such
			 operations to such region will require care at polytrauma centers as a result
			 of their involvement with such operations.
				(2)The population at
			 Fort Bliss in Texas and New Mexico is expected to grow from 9,300 members of
			 the Armed Forces in 2005 to an estimated 33,400 members of the Armed Forces by
			 2012 because of the ongoing expansion of Fort Bliss.
				(3)Traumatic brain
			 injury has become known as one of the signature wounds of service in the Armed
			 Forces in Iraq and Afghanistan because of its high occurrence among veterans of
			 such service. Many members of the Armed Forces returning to the El Paso, Texas,
			 and southern New Mexico region from overseas service in the Armed Forces are
			 expected to suffer from traumatic brain injury or other forms of injury
			 requiring treatment at a polytrauma rehabilitation center or polytrauma network
			 site.
				(4)A recent RAND
			 Corporation study estimates that as many as 20 percent of the veterans who
			 served in the Armed Forces in Iraq and Afghanistan have a traumatic brain
			 injury as a result of such service, and many of these veterans require ongoing
			 care for mild, moderate, or severe traumatic brain injury.
				(5)The Department of
			 Veterans Affairs recommends that all veterans experiencing a polytraumatic
			 injury be referred to a polytrauma rehabilitation center or polytrauma network
			 site of the Department.
				(6)The polytrauma
			 system of care of the Department includes 4 polytrauma rehabilitation centers
			 and 21 polytrauma network sites, none of which are located within 300 miles
			 driving distance of Fort Bliss, White Sands Missile Range, or Holloman Air
			 Force Base.
				(7)The large
			 military population in the southern New Mexico and El Paso, Texas, region
			 necessitates a new polytrauma rehabilitation center or polytrauma network site
			 of the Department to deal with the significant hardships veterans residing in
			 such region require.
				(b)Report
				(1)In
			 generalNot later than 180 days after the date of the enactment
			 of this Act, the Secretary of Veterans Affairs shall submit to Congress a
			 report on the feasibility and advisability of establishing a polytrauma
			 rehabilitation center or polytrauma network site of the Department of Veterans
			 Affairs in the southern New Mexico and El Paso, Texas, region that is within a
			 reasonable driving distance of Fort Bliss, White Sands Missile Range, and
			 Holloman Air Force Base.
				(2)RequirementsThe
			 report required by paragraph (1) shall include the following:
					(A)An assessment of
			 the adequacy of existing Department facilities in the southern New Mexico and
			 El Paso, Texas, region to address matters that are otherwise addressed by
			 polytrauma rehabilitation centers and polytrauma network sites of the
			 Department.
					(B)A comparative
			 assessment of the effectiveness of rehabilitation programs for individuals with
			 traumatic brain injuries in urban areas with the effectiveness of such programs
			 for individuals with traumatic brain injuries in rural and frontier
			 communities.
					(C)An assessment of
			 whether therapies that can prevent or remediate the development of secondary
			 neurologic conditions related to traumatic brain injury can be interrupted by
			 stress caused by living in an urban area.
					(D)The relation of
			 high cost of living to the recovery of veterans and the impact on their
			 families in comparison to recovery in an area where there is a lower cost of
			 living.
					(3)LocationsIn
			 preparing the report required by paragraph (1), the Secretary shall consider
			 and evaluate various locations for the potential location of a new polytrauma
			 rehabilitation center or polytrauma network site. One location receiving such
			 consideration and evaluation shall be the Fort Bayard Medical Center in Grant
			 County, New Mexico.
				(4)ConsultationIn
			 preparing the report required by paragraph (1), the Secretary shall consult
			 with appropriate State and local government agencies in the southern New Mexico
			 and El Paso, Texas, region.