115 S3506 IS: School Security Enhancement Act
U.S. Senate
2018-09-26
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. 3506
		IN THE SENATE OF THE UNITED STATES

			September 26, 2018
			Mr. Cruz (for himself and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To amend the Elementary and Secondary Education Act of 1965 to strengthen school security.

		1.Short title
 This Act may be cited as the School Security Enhancement Act.
 2.School securitySection 4104(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(B)) is amended—
 (1)in clause (iii), by striking and at the end; and (2)by inserting after clause (iv) the following:

 (v)improving school conditions for student learning, by enabling local educational agencies to use funds available under subsection (a)(3) for the purpose of planning and designing school buildings and facilities, installing infrastructure, and implementing technology or other measures, that strengthen security on school premises, which may include—
 (I)controlling access to school premises or facilities, through the use of metal detectors, or other measures, or technology, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available), in accordance with the needs of the school;
 (II)implementing any technology or measure, or installing any infrastructure, to cover and conceal students within the school during crisis situations;
 (III)implementing technology to provide notification to relevant law enforcement and first responders during such a situation;
 (IV)implementing any technology or measure, including hiring school security officers, or installing any infrastructure, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available) to increase the safety of school students and staff;
 (V)implementing any technology or measure, or installing any infrastructure, for school safety reinforcement, including bullet-resistant doors and windows; and
 (VI)implementing any technology or system that would reduce the time needed to disseminate official information to parents regarding the safety of their children during and immediately following a crisis; and.


116 S3577 IS: To amend the Internal Revenue Code of 1986 to provide a tax exemption for distilled spirits used for hand sanitizer.
U.S. Senate
2020-03-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3577IN THE SENATE OF THE UNITED STATESMarch 24, 2020Mr. Peters (for himself, Mr. Blunt, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to provide a tax exemption for distilled spirits used for hand sanitizer.1.Exemption from excise tax for alcohol used to produce hand sanitizer(a)In generalSection 5214(a) of the Internal Revenue Code of 1986 is amended—(1)in paragraph (13), by striking the period at the end and inserting ; or, and(2)by adding at the end the following new paragraph:(14)free of tax for use in hand sanitizer..(b)Effective dateThe amendments made by this section shall apply to distilled spirits removed after February 15, 2020.


		I
		111th CONGRESS
		1st Session
		H. R. 944
		IN THE HOUSE OF REPRESENTATIVES

			February 10, 2009
			Mr. Bilirakis
			 introduced the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To amend title 38, United States Code, to provide
		  improved benefits for veterans who are former prisoners of
		  war.

		1.Short titleThis Act may be cited as the
			 Prisoner of War Benefits Act of
			 2009.
		2.Improved
			 veterans’ benefits for former prisoners of war
			(a)Repeal of
			 minimum period of internment for presumption of service connection for certain
			 diseasesSubsection (b) of
			 section 1112 of title 38, United States Code, is amended—
				(1)in paragraph
			 (1)—
					(A)by striking
			 ; and at the end of subparagraph (A) and inserting a
			 period;
					(B)by striking
			 a former prisoner of war— and all that follows through a
			 disease specified in paragraph (2) and inserting a former
			 prisoner of war, a disease specified in paragraph (2); and
					(C)by striking
			 subparagraph (B);
					(2)in paragraph (3),
			 by striking (3) The diseases specified and all that follows
			 through the following:; and
				(3)by
			 redesignating the subparagraphs (A) through (M) following the matter stricken
			 by paragraph (2) as subparagraphs (F) through (R), respectively, of paragraph
			 (2).
				(b)Additional
			 diseases presumed To be service connectedParagraph (2) of
			 section 1112(b) of such title, as amended by subsection (a)(3), is further
			 amended—
				(1)in subparagraph
			 (F), by striking , if the Secretary determines that the veteran has
			 post-traumatic stress disorder (PTSD); and
				(2)by adding at the
			 end the following new subparagraph:

						(S)Diabetes (type
				2).
						.
				(c)Authority for
			 administrative determination of presumption of service connection for
			 additional diseases
				(1)Administrative
			 determinationSection 1112 of title 38, United States Code, as
			 amended by subsections (a) and (b), is further amended by adding at the end the
			 following new subsection:

						(d)(1)Subsection (b) applies
				with respect to any disease (in addition to those specified in that subsection)
				that the Secretary determines in regulations prescribed under this subsection
				warrants a presumption of service-connection by reason of having positive
				association with the experience of being a prisoner of war.
							(2)(A)Whenever the Secretary
				determines, on the basis of sound medical and scientific evidence, that a
				positive association exists between (i) the experience of being a prisoner of
				war, and (ii) the occurrence of a disease in humans, the Secretary shall
				prescribe regulations providing that a presumption of service connection is
				warranted for that disease for the purposes of this section.
								(B)In making determinations for the
				purpose of this paragraph, the Secretary shall take into account (i)
				recommendations received by the Secretary from the Advisory Committee on Former
				Prisoners of War established under section 541 of this title, and (ii) all
				other sound medical and scientific information and analyses available to the
				Secretary. In evaluating any study for the purpose of making such
				determinations, the Secretary shall take into consideration whether the results
				are statistically significant, are capable of replication, and withstand peer
				review.
								(C)An association between the occurrence
				of a disease in humans and the experience of being a prisoner of war shall be
				considered to be positive for the purposes of this subsection if the credible
				evidence for the association is equal to or outweighs the credible evidence
				against the association.
								(3)(A)Not later than 60 days
				after the date on which the Secretary receives a recommendation from the
				Advisory Committee on Former Prisoners of War that a presumption of service
				connection be established under this subsection for any disease, the Secretary
				shall determine whether a presumption of service connection under this
				subsection is warranted for that disease. If the Secretary determines that such
				a presumption is warranted, the Secretary, not later than 60 days after making
				the determination, shall issue proposed regulations setting forth the
				Secretary’s determination.
								(B)If the Secretary determines that a
				presumption of service connection is not warranted, the Secretary, not later
				than 60 days after making the determination, shall publish in the Federal
				Register a notice of that determination. The notice shall include an
				explanation of the scientific basis for that determination. If the disease
				already is included in regulations providing for a presumption of service
				connection, the Secretary, not later than 60 days after publication of the
				notice of a determination that the presumption is not warranted, shall issue
				proposed regulations removing the presumption for the disease.
								(C)Not later than 90 days after the date
				on which the Secretary issues any proposed regulations under this subsection,
				the Secretary shall issue final regulations. Such regulations shall be
				effective on the date of issuance.
								(4)Whenever a disease is removed from
				regulations prescribed under this section—
								(A)a veteran who was awarded compensation
				for such disease on the basis of the presumption provided in subsection (a)
				before the effective date of the removal shall continue to be entitled to
				receive compensation on that basis; and
								(B)a survivor of a veteran who was
				awarded dependency and indemnity compensation for the death of a veteran
				resulting from such disease on the basis of such presumption shall continue to
				be entitled to receive dependency and indemnity compensation on such
				basis.
								(5)The Secretary shall carry out this
				subsection in consultation with, and after taking into consideration the views
				of, the Advisory Committee on Former Prisoners of War established under section
				541 of this
				title.
							.
				(2)Conforming
			 amendmentParagraph (1) of section 1112(b) of such title, as
			 amended by subsection (a), is further amended by inserting or prescribed
			 under subsection (d) after a disease specified in paragraph
			 (2).


110 HR 6242 IH: Senior Citizens’ Tax Relief Act of

U.S. House of Representatives
2008-06-11
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.

		I
		110th CONGRESS
		2d Session
		H. R. 6242
		IN THE HOUSE OF REPRESENTATIVES

			June 11, 2008
			Mrs. Musgrave
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to repeal the
		  1993 income tax increase on Social Security benefits, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Senior Citizens’ Tax Relief Act of
			 2008.
		2.Repeal of 1993 income
			 tax increase on Social Security benefits
			(a)Restoration of
			 prior law formulaSubsection (a) of section 86 of the Internal
			 Revenue Code of 1986 is amended to read as follows:

					(a)In
				generalGross income for the taxable year of any taxpayer
				described in subsection (b) (notwithstanding section 207 of the
				Social Security Act) includes Social
				Security benefits in an amount equal to the lesser of—
						(1)one-half of the
				Social Security benefits received during the taxable year, or
						(2)one-half of the
				excess described in subsection
				(b)(1).
						.
			(b)Repeal of
			 adjusted base amountSubsection (c) of section 86 of such Code is
			 amended to read as follows:

					(c)Base
				amountFor purposes of this section, the term base
				amount means—
						(1)except as
				otherwise provided in this subsection, $34,000,
						(2)$44,000 in the
				case of a joint return, and
						(3)zero in the case
				of a taxpayer who—
							(A)is married as of
				the close of the taxable year (within the meaning of section 7703) but does not
				file a joint return for such year, and
							(B)does not live
				apart from his spouse at all times during the taxable
				year.
							.
			(c)Conforming
			 amendments
				(1)Subparagraph (A)
			 of section 871(a)(3) of such Code is amended by striking 85
			 percent and inserting 50 percent.
				(2)(A)Subparagraph (A) of
			 section 121(e)(1) of the Social Security Amendments of 1983 (Public Law 98–21)
			 is amended—
						(i)by striking (A)
			 There and inserting There;
						(ii)by striking (i)
			 immediately following amounts equivalent to; and
						(iii)by striking , less
			 (ii) and all that follows and inserting a period.
						(B)Paragraph (1) of section 121(e) of
			 such Act is amended by striking subparagraph (B).
					(C)Paragraph (3) of section 121(e) of
			 such Act is amended by striking subparagraph (B) and by redesignating
			 subparagraph (C) as subparagraph (B).
					(D)Paragraph (2) of section 121(e) of
			 such Act is amended in the first sentence by striking paragraph
			 (1)(A) and inserting paragraph (1).
					(d)Effective
			 date
				(1)In
			 generalExcept as otherwise provided in this subsection, the
			 amendments made by this section shall apply to taxable years beginning after
			 December 31, 2007.
				(2)Subsection
			 (c)(1)The amendment made by
			 subsection (c)(1) shall apply to benefits paid after December 31, 2007.
				(3)Subsection
			 (c)(2)The amendments made by
			 subsection (c)(2) shall apply to tax liabilities for taxable years beginning
			 after December 31, 2007.
				3.Maintenance of
			 transfers to Hospital Insurance Trust Fund
			(a)In
			 generalThere are hereby appropriated to the Hospital Insurance
			 Trust Fund established under section 1817 of the Social Security Act amounts equal to the
			 reduction in revenues to the Treasury by reason of the enactment of this Act.
			 Amounts appropriated by the preceding sentence shall be transferred from the
			 general fund at such times and in such manner as to replicate to the extent
			 possible the transfers which would have occurred to such Trust Fund had this
			 Act not been enacted.
			(b)ReportsThe
			 Secretary of the Treasury or the Secretary’s delegate shall annually report to
			 the Committee on Ways and Means of the House of Representatives and the
			 Committee on Finance of the Senate the amounts and timing of the transfers
			 under this section.


109 HR 2166 IH: To suspend temporarily the duty on Frescolat MGA.
U.S. House of Representatives
2005-05-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2166
IN THE HOUSE OF REPRESENTATIVES

May 5, 2005
Mr. Brown of South Carolina introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on Frescolat MGA.

1.Frescolat MGA
(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:

9902.06.41 Menthone Glycerin Acetal (CAS No. 63187–91–7) (provided for in subheading 2932.99.90)FreeNo changeNo changeOn or before 12/31/2008.
(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.


115 S1950 IS: Improving Broadband Access for Veterans Act of 2017
U.S. Senate
2017-10-05
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.

II115th CONGRESS1st SessionS. 1950IN THE SENATE OF THE UNITED STATESOctober 5, 2017Mr. Blumenthal (for himself and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo require the Federal Communications Commission to submit to Congress a report on promoting
			 broadband Internet access service for veterans.

 1.Short titleThis Act may be cited as the Improving Broadband Access for Veterans Act of 2017. 2.Report on promoting broadband internet access service for veterans (a)DefinitionsIn this section—
 (1)the term broadband Internet access service— (A)means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service;
 (B)does not include dial-up Internet access service; and (C)includes any service that the Commission finds to be providing a functional equivalent of the service described in subparagraph (A);
 (2)the term Commission means the Federal Communications Commission; and (3)the term veteran has the meaning given the term in section 101 of title 38, United States Code.
				(b)Report required
 (1)In generalNot later than 1 year after the date of enactment of this Act, the Commission shall submit to Congress a report on promoting broadband Internet access service for veterans, in particular low-income veterans and veterans residing in rural areas.
 (2)ContentsIn the report required under paragraph (1), the Commission shall—
 (A)examine broadband Internet access service and how to promote broadband Internet access service; and (B)provide findings and recommendations for Congress with respect to broadband Internet access service and how to promote broadband Internet access service.
 (c)Public notice and opportunity To commentIn preparing the report required under subsection (b), the Commission shall provide the public with notice and an opportunity to comment on broadband Internet access service for veterans, in particular low-income veterans and veterans residing in rural areas, and how to promote broadband Internet access service for such individuals.


113 HR 354 IH: Sexual Assault Forensic Evidence Reporting Act of 2013
U.S. House of Representatives
2013-01-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 354
		IN THE HOUSE OF REPRESENTATIVES

			January 23, 2013
			Mr. Poe of Texas (for
			 himself and Mrs. Carolyn B. Maloney of New
			 York) introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend the DNA Analysis Backlog Elimination Act of 2000
		  to provide for Debbie Smith grants for auditing sexual assault evidence
		  backlogs and to establish a Sexual Assault Forensic Evidence Reporting System,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Sexual Assault Forensic Evidence
			 Reporting Act of 2013 or the SAFER Act of 2013.
		2.Debbie Smith grants for auditing sexual
			 assault evidence backlogsSection 2 of the DNA Analysis Backlog
			 Elimination Act of 2000 (42 U.S.C. 14135) is amended—
			(1)in subsection (a), by adding at the end the
			 following new paragraphs:

					(7)To conduct an audit consistent with
				subsection (n) of the samples of sexual assault evidence that are in the
				possession of the State or unit of local government and are awaiting
				testing.
					(8)To ensure that the collection and
				processing of DNA evidence by law enforcement agencies from crimes, including
				sexual assault and other violent crimes against persons, is carried out in an
				appropriate and timely manner and in accordance with the protocols and
				practices developed under subsection
				(o)(1).
					;
			(2)in subsection (c), by adding at the end the
			 following new paragraph:

					(4)Allocation of grant awards for
				auditsFor each of fiscal
				years 2014 through 2017, not less than 5 percent, but not more than 7 percent,
				of the grant amounts distributed under paragraph (1) shall, if sufficient
				applications to justify such amounts are received by the Attorney General, be
				awarded for purposes described in subsection (a)(7), provided that none of the
				funds required to be distributed under this paragraph shall decrease or
				otherwise limit the availability of funds required to be awarded to States or
				units of local government under paragraph
				(3).
					;
				and
			(3)by adding at the end the following new
			 subsections:

					(n)Use of Funds for Auditing Sexual Assault
				Evidence Backlogs
						(1)EligibilityThe Attorney General may award a grant
				under this section to a State or unit of local government for the purpose
				described in subsection (a)(7) only if the State or unit of local
				government—
							(A)submits a plan for performing the audit of
				samples described in such subsection; and
							(B)includes in such plan a good-faith estimate
				of the number of such samples.
							(2)Grant conditionsA State or unit of local government
				receiving a grant for the purpose described in subsection (a)(7)—
							(A)may not enter into any contract or
				agreement with any non-governmental vendor laboratory to conduct an audit
				described in subsection (a)(7); and
							(B)shall—
								(i)not later than 1 year after receiving the
				grant, complete the audit referred to in paragraph (1)(A) in accordance with
				the plan submitted under such paragraph;
								(ii)not later than 60 days after receiving
				possession of a sample of sexual assault evidence that was not in the
				possession of the State or unit of local government at the time of the
				initiation of an audit under paragraph (1)(A), subject to paragraph (4)(F),
				include in any required reports under clause (v), the information listed under
				paragraph (4)(B);
								(iii)for each sample of sexual assault evidence
				that is identified as awaiting testing as part of the audit referred to in
				paragraph (1)(A)—
									(I)assign a unique numeric or alphanumeric
				identifier to each sample of sexual assault evidence that is in the possession
				of the State or unit of local government and is awaiting testing; and
									(II)identify the date or dates after which the
				State or unit of local government would be barred by any applicable statutes of
				limitations from prosecuting a perpetrator of the sexual assault to which the
				sample relates;
									(iv)provide that—
									(I)the chief law enforcement officer of the
				State or unit of local government, respectively, is the individual responsible
				for the compliance of the State or unit of local government, respectively, with
				the reporting requirements described in clause (v); or
									(II)the designee of such officer may fulfill
				the responsibility described in subclause (I) so long as such designee is an
				employee of the State or unit of local government, respectively, and is not an
				employee of any governmental laboratory or non-governmental vendor laboratory;
				and
									(v)comply with all grantee reporting
				requirements described in paragraph (4).
								(3)Extension of initial deadlineThe Attorney General may grant an extension
				of the deadline under paragraph (2)(B)(i) to a State or unit of local
				government that demonstrates that more time is required for compliance with
				such paragraph.
						(4)Sexual assault forensic evidence
				reports
							(A)In generalFor not less than 12 months after the
				completion of an initial count of sexual assault evidence that is awaiting
				testing during an audit referred to in paragraph (1)(A), a State or unit of
				local government that receives a grant award under subsection (a)(7) shall, not
				less than every 60 days, submit a report to the Department of Justice, on a
				form prescribed by the Attorney General, which shall contain the information
				required under subparagraph (B).
							(B)Contents of reportsA report under this paragraph shall contain
				the following information—
								(i)the name of the State or unit of local
				government filing the report;
								(ii)the period of dates covered by the
				report;
								(iii)the cumulative total number of samples of
				sexual assault evidence that, at the end of the reporting period—
									(I)are in the possession of the State or unit
				of local government at the reporting period;
									(II)are awaiting testing; and
									(III)the State or unit of local government has
				determined should undergo DNA or other appropriate forensic analyses;
									(iv)the cumulative total number of samples of
				sexual assault evidence in the possession of the State or unit of local
				government that, at the end of the reporting period, the State or unit of local
				government has determined should not undergo DNA or other appropriate forensic
				analyses, provided that the reporting form shall allow for the State or unit of
				local government, at its sole discretion, to explain the reasoning for this
				determination in some or all cases;
								(v)the cumulative total number of samples of
				sexual assault evidence in a total under clause (iii) that have been submitted
				to a laboratory for DNA or other appropriate forensic analyses;
								(vi)the cumulative total number of samples of
				sexual assault evidence identified by an audit referred to in paragraph (1)(A)
				or under paragraph (2)(B)(ii) for which DNA or other appropriate forensic
				analysis has been completed at the end of the reporting period;
								(vii)the total number of samples of sexual
				assault evidence identified by the State or unit of local government under
				paragraph (2)(B)(ii), since the previous reporting period; and
								(viii)the cumulative total number of samples of
				sexual assault evidence described under clause (iii) for which the State or
				unit of local government will be barred within 12 months by any applicable
				statute of limitations from prosecuting a perpetrator of the sexual assault to
				which the sample relates.
								(C)Publication of reportsNot later than 7 days after the submission
				of a report under this paragraph by a State or unit of local government, the
				Attorney General shall, subject to subparagraph (D), publish and disseminate a
				facsimile of the full contents of such report on an appropriate internet
				website.
							(D)Personally identifiable
				informationThe Attorney
				General shall ensure that any information published and disseminated as part of
				a report under this paragraph, which reports information under this subsection,
				does not include personally identifiable information or details about a sexual
				assault that might lead to the identification of the individuals
				involved.
							(E)Optional reportingThe Attorney General shall—
								(i)at the discretion of a State or unit of
				local government required to file a report under subparagraph (A), allow such
				State or unit of local government, at their sole discretion, to submit such
				reports on a more frequent basis; and
								(ii)make available to all States and units of
				local government the reporting form created pursuant to subparagraph (A),
				whether or not they are required to submit such reports, and allow such States
				or units of local government, at their sole discretion, to submit such reports
				for publication.
								(F)Samples exempt from reporting
				requirementThe reporting
				requirements described in paragraph (2) shall not apply to a sample of sexual
				assault evidence that—
								(i)is not considered criminal evidence (such
				as a sample collected anonymously from a victim who is unwilling to make a
				criminal complaint); or
								(ii)relates to a sexual assault for which the
				prosecution of each perpetrator is barred by a statute of limitations.
								(5)DefinitionsIn this subsection:
							(A)Awaiting testingThe term awaiting testing
				means, with respect to a sample of sexual assault evidence, that—
								(i)the sample has been collected and is in the
				possession of a State or unit of local government;
								(ii)DNA and other appropriate forensic analyses
				have not been performed on such sample; and
								(iii)the sample is related to a criminal case or
				investigation in which final disposition has not yet been reached.
								(B)Final dispositionThe term final disposition
				means, with respect to a criminal case or investigation to which a sample of
				sexual assault evidence relates—
								(i)the conviction or acquittal of all
				suspected perpetrators of the crime involved;
								(ii)a determination by the State or unit of
				local government in possession of the sample that the case is unfounded;
				or
								(iii)a declaration by the victim of the crime
				involved that the act constituting the basis of the crime was not
				committed.
								(C)Possession
								(i)In generalThe term possession, used with
				respect to possession of a sample of sexual assault evidence by a State or unit
				of local government, includes possession by an individual who is acting as an
				agent of the State or unit of local government for the collection of the
				sample.
								(ii)Rule of constructionNothing in clause (i) shall be construed to
				create or amend any Federal rights or privileges for non-governmental vendor
				laboratories described in regulations promulgated under section 210303 of the
				DNA Identification Act of 1994 (42 U.S.C. 14131).
								(o)Establishment of protocols, technical
				assistance, and definitions
						(1)Protocols and practicesNot later than 18 months after the date of
				enactment of the SAFER Act of
				2013, the Director, in consultation with Federal, State, and
				local law enforcement agencies and government laboratories, shall develop and
				publish a description of protocols and practices the Director considers
				appropriate for the accurate, timely, and effective collection and processing
				of DNA evidence, including protocols and practices specific to sexual assault
				cases, which shall address appropriate steps in the investigation of cases that
				might involve DNA evidence, including—
							(A)how to determine—
								(i)which evidence is to be collected by law
				enforcement personnel and forwarded for testing;
								(ii)the preferred order in which evidence from
				the same case is to be tested; and
								(iii)what information to take into account when
				establishing the order in which evidence from different cases is to be
				tested;
								(B)the establishment of a reasonable period of
				time in which evidence is to be forwarded by emergency response providers, law
				enforcement personnel, and prosecutors to a laboratory for testing;
							(C)the establishment of reasonable periods of
				time in which each stage of analytical laboratory testing is to be
				completed;
							(D)systems to encourage communication within a
				State or unit of local government among emergency response providers, law
				enforcement personnel, prosecutors, courts, defense counsel, crime laboratory
				personnel, and crime victims regarding the status of crime scene evidence to be
				tested; and
							(E)standards for conducting the audit of the
				backlog for DNA case work in sexual assault cases required under subsection
				(n).
							(2)Technical assistance and
				trainingThe Director shall
				make available technical assistance and training to support States and units of
				local government in adopting and implementing the protocols and practices
				developed under paragraph (1) on and after the date on which the protocols and
				practices are published.
						(3)DefinitionsIn this subsection, the terms
				awaiting testing and possession have the meanings
				given those terms in subsection
				(n).
						.
			3.Reports to congressNot later than 90 days after the end of each
			 fiscal year for which a grant is made for the purpose described in section
			 2(a)(7) of the DNA Analysis Backlog Elimination Act of 2000, as amended by
			 section 2, the Attorney General shall submit to Congress a report that—
			(1)lists the States and units of local
			 government that have been awarded such grants and the amount of the grant
			 received by each such State or unit of local government;
			(2)states the number of extensions granted by
			 the Attorney General under section 2(n)(3) of the DNA Analysis Backlog
			 Elimination Act of 2000, as added by section 2; and
			(3)summarizes the processing status of the
			 samples of sexual assault evidence identified in Sexual Assault Forensic
			 Evidence Reports established under section 2(n)(4) of the DNA Analysis Backlog
			 Elimination Act of 2000, including the number of samples that have not been
			 tested.
			4.Reducing the rape kit backlogSection 2(c)(3) of the DNA Analysis Backlog
			 Elimination Act of 2000 (42 U.S.C. 14135(c)(3)) is amended—
			(a)in subparagraph (B), by striking
			 2014 and inserting 2018; and
			(b)by adding at the end the following:

					(C)For each of fiscal years 2014 through 2018,
				not less than 75 percent of the total grant amounts shall be awarded for a
				combination of purposes under paragraphs (1), (2), and (3) of subsection
				(a).
					.
			5.Oversight and accountabilityAll grants awarded by the Department of
			 Justice that are authorized under the SAFER
			 Act of 2013 shall be subject to the following:
			(1)Audit requirementBeginning in fiscal year 2013, and each
			 fiscal year thereafter, the Inspector General of the Department of Justice
			 shall conduct audits of recipients of grants under this Act to prevent waste,
			 fraud, and abuse of funds by grantees. The Inspector General shall determine
			 the appropriate number of grantees to be audited each year.
			(2)Mandatory exclusionA recipient of grant funds under this Act
			 that is found to have an unresolved audit finding shall not be eligible to
			 receive grant funds under this Act during the 2 fiscal years beginning after
			 the 12-month period described in paragraph (5).
			(3)PriorityIn awarding grants under this Act, the
			 Attorney General shall give priority to eligible entities that, during the 3
			 fiscal years before submitting an application for a grant under this Act, did
			 not have an unresolved audit finding showing a violation in the terms or
			 conditions of a Department of Justice grant program.
			(4)ReimbursementIf an entity is awarded grant funds under
			 this Act during the 2-fiscal-year period in which the entity is barred from
			 receiving grants under paragraph (2), the Attorney General shall—
				(A)deposit an amount equal to the grant funds
			 that were improperly awarded to the grantee into the General Fund of the
			 Treasury; and
				(B)seek to recoup the costs of the repayment
			 to the fund from the grant recipient that was erroneously awarded grant
			 funds.
				(5)Defined termIn this section, the term unresolved
			 audit finding means an audit report finding in the final audit report of
			 the Inspector General of the Department of Justice that the grantee has
			 utilized grant funds for an unauthorized expenditure or otherwise unallowable
			 cost that is not closed or resolved within a 12-month period beginning on the
			 date when the final audit report is issued.
			(6)Nonprofit organization
			 requirements
				(A)DefinitionFor purposes of this section and the grant
			 programs described in this Act, the term nonprofit organization
			 means an organization that is described in section 501(c)(3) of the Internal
			 Revenue Code of 1986 and is exempt from taxation under section 501(a) of such
			 Code.
				(B)ProhibitionThe Attorney General shall not award a
			 grant under any grant program described in this Act to a nonprofit organization
			 that holds money in offshore accounts for the purpose of avoiding paying the
			 tax described in section 511(a) of the Internal Revenue Code of 1986.
				(C)DisclosureEach nonprofit organization that is awarded
			 a grant under a grant program described in this Act and uses the procedures
			 prescribed in regulations to create a rebuttable presumption of reasonableness
			 for the compensation of its officers, directors, trustees and key employees,
			 shall disclose to the Attorney General, in the application for the grant, the
			 process for determining such compensation, including the independent persons
			 involved in reviewing and approving such compensation, the comparability data
			 used, and contemporaneous substantiation of the deliberation and decision. Upon
			 request, the Attorney General shall make the information disclosed under this
			 subsection available for public inspection.
				(7)Administrative expensesUnless otherwise explicitly provided in
			 authorizing legislation, not more than 7.5 percent of the amounts authorized to
			 be appropriated under this Act may be used by the Attorney General for salaries
			 and administrative expenses of the Department of Justice.
			(8)Conference expenditures
				(A)LimitationNo amounts authorized to be appropriated to
			 the Department of Justice under this Act may be used by the Attorney General or
			 by any individual or organization awarded discretionary funds through a
			 cooperative agreement under this Act, to host or support any expenditure for
			 conferences that uses more than $20,000 in Department funds, unless the Deputy
			 Attorney General or the appropriate Assistant Attorney General, Director, or
			 principal deputy as the Deputy Attorney General may designate, provides prior
			 written authorization that the funds may be expended to host a
			 conference.
				(B)Written approvalWritten approval under subparagraph (A)
			 shall include a written estimate of all costs associated with the conference,
			 including the cost of all food and beverages, audio/visual equipment, honoraria
			 for speakers, and any entertainment.
				(C)ReportThe Deputy Attorney General shall submit an
			 annual report to the Committee on the Judiciary of the Senate and the Committee
			 on the Judiciary of the House of Representatives on all conference expenditures
			 approved by operation of this paragraph.
				(9)Prohibition on lobbying activity
				(A)In generalAmounts authorized to be appropriated under
			 this Act may not be utilized by any grant recipient to—
					(i)lobby any representative of the Department
			 of Justice regarding the award of grant funding; or
					(ii)lobby any representative of a Federal,
			 State, local, or tribal government regarding the award of grant funding.
					(B)PenaltyIf the Attorney General determines that any
			 recipient of a grant under this Act has violated subparagraph (A), the Attorney
			 General shall—
					(i)require the grant recipient to repay the
			 grant in full; and
					(ii)prohibit the grant recipient from receiving
			 another grant under this Act for not less than 5 years.
					6.SunsetEffective on December 31, 2018, subsections
			 (a)(7) and (n) of section 2 of the DNA Analysis Backlog Elimination Act of 2000
			 (42 U.S.C. 14135(a)(7) and (n)) are repealed.


116 S2410 IS: Flood Reduction, Wildlife Habitat, and Water Quality Improvement Act of 2019
U.S. Senate
2019-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 2410
		IN THE SENATE OF THE UNITED STATES

			July 31, 2019
			Mrs. Hyde-Smith (for herself and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

		A BILL
		To amend the Federal Water Pollution Control Act to modify the requirements for permits for dredged
			 or fill material, and for other purposes.

		1.Short title
 This Act may be cited as the Flood Reduction, Wildlife Habitat, and Water Quality Improvement Act of 2019.
 2.Permits for dredged or fill materialSection 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended— (1)in subsection (c)—
 (A)in the third sentence, by striking The Administrator and inserting the following:  (5)FindingsThe Administrator;
 (B)in the second sentence, by striking Before making such determination and inserting the following:  (4)ConsultationBefore making a determination under paragraph (1);
 (C)by striking the subsection designation and all that follows through The Administrator in the first sentence and inserting the following:  (c)Prohibition of specification of areas as disposal sites (1)In generalSubject to paragraph (2), the Administrator;
 (D)by inserting after paragraph (1) (as so designated) the following:  (2)LimitationsThe Administrator may not prohibit the specification of a defined area as a disposal site, or otherwise deny or restrict the use of a defined area as a disposal site—
 (A)if the area is or contains a project of the Secretary for flood control; (B)before an application for a permit under this section for the area has been filed; or
 (C)after a permit under this section for the area has been issued by the Secretary. (3)RequirementsA regional office of the Administrator shall—
 (A)before considering a determination under paragraph (1), obtain the approval of the Administrator; and
 (B)before publishing notice of a proposed determination under paragraph (1) for the area of a project, review, consider, and adequately refute the findings of an environmental impact statement for the project pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).; and
 (E)by adding at the end the following:  (6)Immediate withdrawal of prior determinations (A)In generalNotwithstanding any other provision of law, a determination made by the Administrator under paragraph (1) with respect to the area of a project that is or contains a project of the Secretary for flood control before the date of enactment of the Flood Reduction, Wildlife Habitat, and Water Quality Improvement Act of 2019 shall no longer apply if—
 (i)a more practicable alternative to the project has not been identified; and (ii)as a result of a delay in construction of the project, severe flooding and damage to life and property have occurred.
 (B)Judicial reviewNotwithstanding any other provision of law, an action taken by the Secretary to advance a project described in subparagraph (A) shall not be subject to judicial review.; and
 (2)in subsection (r), by striking under section 307), and all that follows through the period at the end and inserting under section 307)..


114 HR 3817 IH: Improving School Nutrition Training Act
U.S. House of Representatives
2015-10-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 3817
		IN THE HOUSE OF REPRESENTATIVES

			October 23, 2015
			Mr. Pocan (for himself and Mr. Katko) introduced the following bill; which was referred to the Committee on Education and the Workforce

		A BILL
		To amend the Child Nutrition Act of 1966 to clarify the availability and appropriateness of
			 training for local food service personnel, and for other purposes.

 1.Short titleThis Act may be cited as the Improving School Nutrition Training Act. 2.Professional development and trainingSection 7(g)(2)(B) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(g)(2)(B)) is amended by adding at the end the following:

 (iv)Availability and appropriateness of trainingA training program carried out under this subparagraph shall be— (I)a program scheduled primarily during regular, paid working hours, and in the event such program is scheduled outside of such working hours—
 (aa)efforts shall be made to inform food service personnel of the necessity of such program to be so scheduled;
 (bb)compensation shall be provided to such personnel for attending such program; and (cc)such personnel shall not be penalized for not being able to attend such program; and
 (II)offered in-person whenever appropriate, and incorporate hands-on training techniques..


114 S2864 IS: Reducing Existing Costs Associated with Pharmaceuticals for Seniors 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. 2864
		IN THE SENATE OF THE UNITED STATES

			April 27, 2016
			Mr. Wyden (for himself, Mr. Cardin, Mr. Bennet, and Ms. Cantwell) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend title XVIII of the Social Security Act to prevent catastrophic out-of-pocket spending on
			 prescription drugs for seniors and individuals with disabilities.

		1.Short title
 This Act may be cited as the Reducing Existing Costs Associated with Pharmaceuticals for Seniors Act of 2016  or the RxCAP Act of 2016.
		2.Elimination of
			 cost-sharing above the Medicare part D annual out-of-pocket threshold
 (a)In generalSection 1860D–2(b)(4)(A) of the Social Security Act (42 U.S.C. 1395w–102(b)(4)(A)) is amended—
 (1)in clause (i)— (A)by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively;
 (B)by striking subparagraph (B), with cost-sharing and inserting the following: “subparagraph (B)—  (I)for plan years 2006 through 2017, with cost-sharing;
 (C)in item (bb), as redesignated by subparagraph (A), by striking the period at the end and inserting ; and; and (D)by adding at the end the following new subclause:

 (II)for plan year 2018 and subsequent plan years, without any cost-sharing.
							; and
 (2)in clause (ii)— (A)by striking clause (i)(I) and inserting clause (i)(I)(aa); and
 (B)by adding at the end the following new sentence: The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after plan year 2017 for purposes of 1860D–14(a)(1)(D)(iii)..
					(b)Conforming
 amendments to low-Income subsidySection 1860D–14(a) of the Social Security Act (42 U.S.C. 1395w–114(a)) is amended— (1)in paragraph (1)—
 (A)in subparagraph (D)(iii), by striking 1860D–2(b)(4)(A)(i)(I) and inserting 1860D–2(b)(4)(A)(i)(I)(aa); and (B)in subparagraph (E)—
 (i)in the heading, by inserting prior to the elimination of such cost-sharing for all individuals after threshold; and (ii)by striking The elimination and inserting For plan years 2006 through 2017, the elimination; and
 (2)in paragraph (2)(E)— (A)in the heading, by inserting prior to the elimination of such cost-sharing for all individuals after threshold;
 (B)by striking Subject to and inserting For plan years 2006 through 2017, subject to; and (C)by striking 1860D–2(b)(4)(A)(i)(I) and inserting 1860D–2(b)(4)(A)(i)(I)(aa).


		II
		110th CONGRESS
		1st Session
		S. 738
		IN THE SENATE OF THE UNITED STATES

			March 1, 2007
			Ms. Landrieu (for
			 herself, Ms. Snowe,
			 Mr. Kerry, and Mr. Coleman) introduced the following bill; which
			 was read twice and referred to the Committee on Small Business and
			 Entrepreneurship

		A BILL
		To amend the Small Business Act to improve the Office of
		  International Trade, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Small Business International Trade
			 Enhancements Act of 2007.
		2.Small Business
			 Administration Associate Administrator for International Trade
			(a)EstablishmentSection
			 22(a) of the Small Business Act (15 U.S.C. 649(a)) is amended by adding at the
			 end the following: The head of the Office shall be the Associate
			 Administrator for International Trade, who shall be responsible to the
			 Administrator..
			(b)Authority for
			 Additional Associate AdministratorSection 4(b)(1) of the Small
			 Business Act (15 U.S.C. 633(b)(1)) is amended—
				(1)in the fifth
			 sentence, by striking five Associate Administrators and
			 inserting Associate Administrators; and
				(2)by adding at the
			 end the following: One of the Associate Administrators shall be the
			 Associate Administrator for International Trade, who shall be the head of the
			 Office of International Trade established under section 22..
				(c)Discharge of
			 Administration International Trade ResponsibilitiesSection 22 of
			 the Small Business Act (15 U.S.C. 649) is amended by adding at the end the
			 following:

					(h)Discharge of
				Administration International Trade ResponsibilitiesThe Administrator shall ensure that—
						(1)the
				responsibilities of the Administration regarding international trade are
				carried out through the Associate Administrator for International Trade;
						(2)the Associate
				Administrator for International Trade has sufficient resources to carry out
				such responsibilities; and
						(3)the Associate
				Administrator for International Trade has direct supervision and control over
				the staff of the Office of International Trade, and over any employee of the
				Administration whose principal duty station is a United States Export
				Assistance Center or any successor
				entity.
						.
			(d)Role of
			 Associate Administrator in carrying out international trade
			 policySection 2(b)(1) of the Small Business Act (15 U.S.C.
			 631(b)(1)) is amended in the matter preceding subparagraph (A)—
				(1)by inserting
			 the Administrator of before the Small Business
			 Administration; and
				(2)by inserting
			 through the Associate Administrator for International Trade, and
			 before in cooperation with.
				(e)Technical
			 amendmentSection 22(c)(5) of the Small Business Act (15 U.S.C.
			 649(c)(5)) is amended by striking the period at the end and inserting a
			 semicolon.
			(f)Effective
			 dateNot later than 90 days after the date of enactment of this
			 Act, the Administrator of the Small Business Administration shall appoint an
			 Associate Administrator for International Trade under section 22 of the Small
			 Business Act (15 U.S.C. 649), as amended by this section.
			3.Office of
			 International TradeSection 22
			 of the Small Business Act (15 U.S.C. 649) is amended—
			(1)by striking
			 SEC. 22.
			 (a) There and inserting the following:

					22.Office of
				International Trade
						(a)EstablishmentThere
						;
			(2)in subsection
			 (a), by inserting (referred to in this section as the
			 Office), after Trade;
			(3)in subsection
			 (b)—
				(A)by striking
			 The Office and inserting the following:

						(b)Trade
				distribution networkThe Office, including United States Export
				Assistance Centers (referred to as one-stop shops in section
				2301(b)(8) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C.
				4721(b)(8)) and as export centers in this
				section)
						;
				and
				(B)by amending
			 paragraph (1) to read as follows:

						(1)assist in
				maintaining a distribution network using regional and local offices of the
				Administration, the small business development center network, the women's
				business center network, and export centers for—
							(A)trade
				promotion;
							(B)trade
				finance;
							(C)trade
				adjustment;
							(D)trade remedy
				assistance; and
							(E)trade data
				collection.
							;
				(4)in subsection
			 (c)—
				(A)by redesignating
			 paragraphs (1) through (8) as paragraphs (2) through (9), respectively;
				(B)by inserting
			 before paragraph (2), as so redesignated, the following:

						(1)establish annual
				goals for the Office relating to—
							(A)enhancing the
				exporting capability of small business concerns and small manufacturers;
							(B)facilitating
				technology transfers;
							(C)enhancing
				programs and services to assist small business concerns and small manufacturers
				to compete effectively and efficiently against foreign entities;
							(D)increasing the
				access to capital by small business concerns;
							(E)disseminating
				information concerning Federal, State, and private programs and initiatives;
				and
							(F)ensuring that the
				interests of small business concerns are adequately represented in trade
				negotiations;
							;
				(C)in paragraph (2),
			 as so redesignated, by striking mechanism for and all that
			 follows through (D) and inserting the
			 following:

						mechanism
			 for—(A)identifying
				subsectors of the small business community with strong export potential;
						(B)identifying areas
				of demand in foreign markets;
						(C)prescreening
				foreign buyers for commercial and credit purposes; and
						(D)
						;
				and
				(D)in paragraph (9),
			 as so redesignated—
					(i)in
			 the matter preceding subparagraph (A)—
						(I)by striking
			 full-time export development specialists to each Administration regional
			 office and assigning; and
						(II)by striking
			 office. Such specialists and inserting office and
			 providing each Administration regional office with a full-time export
			 development specialist, who;
						(ii)in
			 subparagraph (D), by striking and at the end;
					(iii)in subparagraph
			 (E), by striking the period at the end and inserting a semicolon; and
					(iv)by
			 adding at the end the following:

							(F)participate
				jointly with employees of the Office in an annual training program that focuses
				on current small business needs for exporting; and
							(G)jointly develop
				and conduct training programs for exporters and lenders in cooperation with the
				United States Export Assistance Centers, the Department of Commerce, small
				business development centers, and other relevant Federal
				agencies.
							;
					(5)in subsection
			 (d)—
				(A)by inserting
			 Export financing
			 programs.— after (d);
				(B)by redesignating
			 paragraphs (1) through (5) as clauses (i) through (v), respectively, and
			 adjusting the margins accordingly;
				(C)by striking
			 The Office shall work in cooperation and inserting the
			 following:

						(1)In
				generalThe Office shall work in
				cooperation
						;
				and
				(D)by striking
			 To accomplish this goal, the Office shall work and inserting the
			 following:

						(2)Trade financial
				specialistTo accomplish the goal established under paragraph
				(1), the Office shall—
							(A)designate at
				least 1 individual within the Administration as a trade financial specialist to
				oversee international loan programs and assist Administration employees with
				trade finance issues; and
							(B)work
							;
				(6)in subsection
			 (e), by inserting Trade
			 remedies.— after (e);
			(7)by amending
			 subsection (f) to read as follows:

					(f)Reporting
				requirementThe Office shall submit an annual report to the
				Committee on Small Business and Entrepreneurship of the Senate and the
				Committee on Small Business of the House of Representatives that
				contains—
						(1)a description of
				the progress of the Office in implementing the requirements of this
				section;
						(2)the destinations
				of travel by Office staff and benefits to the Administration and to small
				business concerns therefrom; and
						(3)a description of
				the participation by the Office in trade
				negotiations.
						;
			(8)in subsection
			 (g), by inserting   Studies.— after (g);
			 and
			(9)by adding at the
			 end the following:

					(i)Export
				assistance centers
						(1)In
				generalDuring the period beginning on October 1, 2006, and
				ending on September 30, 2009, the Administrator shall ensure that the number of
				full-time equivalent employees of the Office assigned to the one-stop shops
				referred to in section 2301(b) of the Omnibus Trade and Competitiveness Act of
				1988 (15 U.S.C. 4721 (b)) is not less than the number of such employees so
				assigned on January 1, 2003.
						(2)Priority of
				placementPriority shall be given, to the maximum extent
				practicable, to placing employees of the Administration at any Export
				Assistance Center that—
							(A)had an
				Administration employee assigned to such Center before January 2003; and
							(B)has not had an
				Administration employee assigned to such Center during the period beginning
				January 2003, and ending on the date of enactment of this subsection, either
				through retirement or reassignment.
							(3)Needs of
				exportersThe Administrator shall, to the maximum extent
				practicable, strategically assign Administration employees to Export Assistance
				Centers, based on the needs of exporters.
						(4)GoalsThe
				Office shall work with the Department of Commerce and the Export-Import Bank to
				establish shared annual goals for the Export Centers.
						(5)OversightThe
				Office shall designate an individual within the Administration to oversee all
				activities conducted by Administration employees assigned to Export
				Centers.
						.
			4.International
			 trade loans
			(a)In
			 generalSection 7(a)(3)(B) of
			 the Small Business Act (15 U.S.C. 636(a)(3)(B)) is amended by striking
			 $1,750,000, of which not more than $1,250,000 and inserting
			 $2,750,000 (or if the gross loan amount would exceed $3,670,000), of
			 which not more than $2,000,000.
			(b)Working
			 capitalSection 7(a)(16)(A) of the Small Business Act (15 U.S.C.
			 636(a)(16)(A)) is amended—
				(1)in the matter
			 preceding clause (i), by striking in— and inserting
			 —;
				(2)in clause
			 (i)—
					(A)by inserting
			 in after (i); and
					(B)by striking
			 or at the end;
					(3)in clause
			 (ii)—
					(A)by inserting
			 in after (ii); and
					(B)by striking the
			 period and inserting ; or; and
					(4)by adding at the
			 end the following:

						(iii)by providing
				working
				capital.
						.
				(c)CollateralSection
			 7(a)(16)(B) of the Small Business Act (15 U.S.C. 636(a)(16)(B)) is
			 amended—
				(1)by striking
			 Each loan and inserting the following:

						(i)In
				generalExcept as provided in clause (ii), each
				loan
						;
				and
				(2)by adding at the
			 end the following:

						(ii)ExceptionA
				loan under this paragraph may be secured by a second lien position on the
				property or equipment financed by the loan or on other assets of the small
				business concern, if the Administrator determines such lien provides adequate
				assurance of the payment of such
				loan.
						.
				(d)RefinancingSection
			 7(a)(16)(A)(ii) of the Small Business Act (15 U.S.C. 636(a)(16)(A)(ii)), as
			 amended by this section, is amended by inserting , including any debt
			 that qualifies for refinancing under any other provision of this
			 subsection before the semicolon.


116 S2048 IS: Joint Long-Term Storage Act of 2019
U.S. Senate
2019-06-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 2048
		IN THE SENATE OF THE UNITED STATES

			June 28 (legislative day, June 27), 2019
			Mr. King (for himself and Ms. McSally) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

		A BILL
		To require the Secretary of Energy to establish a demonstration initiative focused on the
			 development of long-duration energy storage technologies, including a
			 joint program to be established in consultation with the Secretary of
			 Defense, and for other purposes.

		1.Short title
 This Act may be cited as the Joint Long-Term Storage Act of 2019.
 2.PurposesThe purposes of this Act are— (1)to facilitate the development of long-duration energy storage technologies;
 (2)to increase the commercial viability of long-duration energy storage technologies; and (3)to increase the energy resilience and energy security and national security of the United States through the use of long-duration energy storage technologies.
			3.Long-duration energy storage demonstration initiative
 (a)DefinitionsIn this section: (1)Director of ARPA–EThe term Director of ARPA–E means the Secretary of Energy, acting through the Director of the Advanced Research Projects Agency—Energy.
 (2)Director of ESTCPThe term Director of ESTCP means the Secretary of Defense, acting through the Director of the Environmental Security Technology Certification Program of the Department of Defense.
 (3)DirectorsThe term Directors means the Director of ARPA–E and the Director of ESTCP, acting jointly. (4)InitiativeThe term Initiative means the demonstration initiative established under subsection (b).
 (5)Joint ProgramThe term Joint Program means the joint program established under subsection (f). (b)EstablishmentNot later than 200 days after the date of enactment of this Act, the Director of ARPA–E shall establish a demonstration initiative composed of demonstration projects focused on the development of long-duration energy storage technologies.
 (c)GoalsThe goals of the Initiative shall be— (1)to demonstrate the potential benefits of long-duration energy storage to—
 (A)the resilience of the electricity grid, including the security of critical infrastructure; and (B)efficient use of the electricity grid through—
 (i)peak load reduction; or (ii)avoided investments in traditional grid infrastructure;
 (2)to increase the commercial viability of long-duration energy storage technologies; (3)(A)to identify the range of services that long-duration energy storage technologies can provide to the electricity grid; and
 (B)to the maximum extent practicable, to quantify the value of those services; (4)to investigate challenges to the greater deployment of long-duration energy storage technologies;
 (5)to identify and develop a range of technology types; and (6)to improve the integration of energy storage and the grid.
 (d)Selection of projectsTo the maximum extent practicable, in selecting demonstration projects to participate in the Initiative, the Director of ARPA–E shall—
 (1)ensure a range of technology types; (2)ensure regional diversity among projects, including appropriate representation of rural areas;
 (3)consider microgrid, islanded, or off-grid applications; and (4)ensure that any project selected is designed to achieve 1 or more of the goals described in subsection (c).
 (e)Cooperation with electric utilitiesA demonstration project selected to participate in the Initiative may be carried out in cooperation with the electric utility that owns the grid facilities in the electricity control area in which the demonstration project is carried out.
			(f)Joint program
 (1)EstablishmentAs part of the Initiative, the Director of ARPA–E, in consultation with the Director of ESTCP, shall establish within the Department of Energy a joint program to carry out projects—
 (A)to demonstrate promising long-duration energy storage technologies at different scales; and
 (B)to help new, innovative long-duration energy storage technologies become commercially viable. (2)Memorandum of understandingNot later than 200 days after the date of enactment of this Act, the Director of ARPA–E shall enter into a memorandum of understanding with the Director of ESTCP to jointly administer the Joint Program.
 (3)InfrastructureIn carrying out the Joint Program, the Directors shall— (A)use existing test-bed infrastructure at—
 (i)Department of Energy facilities; and (ii)Department of Defense installations; and
 (B)develop new infrastructure for identified projects, if appropriate. (4)Goals and metricsThe Directors shall develop goals and metrics for technological progress under the Joint Program consistent with energy resilience and energy security policies.
				(5)Selection of projects
 (A)In generalTo the maximum extent practicable, in selecting projects to participate in the Joint Program, the Directors shall—
 (i)ensure that projects are carried out under conditions that represent a variety of environments with different physical conditions and market constraints; and
 (ii)ensure an appropriate balance of— (I)larger, higher-cost projects; and
 (II)smaller, lower-cost projects. (B)PriorityIn carrying out the Joint Program, the Directors shall give priority to demonstration projects that—
 (i)make available to the public key engineering and field data that will accelerate deployment of long-duration energy storage technologies; and
 (ii)will be carried out in the field. (6)States and private sector entitiesIn carrying out the Joint Program, the Directors shall encourage—
 (A)States to become laboratories of innovation in the development of long-duration energy storage technologies; and
 (B)collaboration between participants in the Joint Program, States, and other appropriate private sector entities.
 (g)Authorization of appropriationsThere are authorized to be appropriated to carry out the Initiative— (1)$20,000,000 for fiscal year 2020;
 (2)$40,000,000 for fiscal year 2021; and (3)$60,000,000 for each of fiscal years 2022 through 2024.
				4.Authorization of appropriations for the DAYS program of the Advanced Research Projects
 Agency—EnergySection 5012(o) of the America COMPETES Act (42 U.S.C. 16538(o)) is amended— (1)in paragraph (2)—
 (A)by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively, and indenting appropriately;
 (B)by striking the paragraph designation and heading and all that follows through paragraphs (4) and (5) in the matter preceding clause (i) (as so redesignated) and inserting the following:  (2)Authorization of appropriations (A)In generalSubject to paragraph (4); and
 (C)by inserting after clause (v) (as so redesignated) the following:  (B)DAYS programThere is authorized to be appropriated to carry out the Duration Addition to electricitY Storage program (also known as the DAYS program) of ARPA–E $60,000,000 for each of fiscal years 2020 through 2024.
						; and
 (2)in paragraph (4), in the matter preceding subparagraph (A), by striking paragraph (2) and inserting paragraph (2)(A).


116 S2460 IS: Sand Acquisition, Nourishment, and Development Act
U.S. Senate
2019-09-11
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.

II116th CONGRESS1st SessionS. 2460IN THE SENATE OF THE UNITED STATESSeptember 11, 2019Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Water Resources Development Act of 1986 to modify a provision relating to acquisition
			 of beach fill.

 1.Short titleThis Act may be cited as the Sand Acquisition, Nourishment, and Development Act or the SAND Act. 2.Acquisition of beach fillSection 935 of the Water Resources Development Act of 1986 (33 U.S.C. 2299) is amended by striking if such materials are not available from domestic sources for environmental or economic reasons.


117 S668 IS: Endangered Species Management Self-Determination Act
U.S. Senate
2021-03-10
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.

II117th CONGRESS1st SessionS. 668IN THE SENATE OF THE UNITED STATESMarch 10, 2021Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Endangered Species Act of 1973 to permit Governors of States to regulate intrastate endangered species and intrastate threatened species, to amend the Migratory Bird Treaty Act to permit the taking of certain black vultures and ravens, and for other purposes.1.Short titleThis Act may be cited as the Endangered Species Management Self-Determination Act.2.Definition of ESAIn this Act, the term ESA means the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).3.FindingsCongress finds that—(1)the ESA was passed in 1973 as a means of protecting and recovering species and has not been substantially revised in over 25 years;(2)the ESA has not achieved its stated goal of recovering threatened species or endangered species;(3)of the species listed in accordance with the ESA, less than 1 percent of the total number of species in the United States have been recovered and removed from the list, largely due to data errors or other factors;(4)there is—(A)no comprehensive independent study of the costs or benefits of the ESA;(B)no full accounting of how much the Federal Government and State and local governments spend to implement, enforce, and comply with the ESA; and(C)no meaningful effort to account for the costs the ESA imposes on the private sector;(5)the ESA effectively penalizes landowners for owning endangered species habitat by forcing them to bear the cost of conservation;(6)the regulatory listing process under the ESA has become a tool for environmentalists to undermine, slow down, or halt construction of infrastructure projects, hampering economic growth and employment; and(7)litigation stemming from the ESA and some resulting settlements between the litigants and the Federal Government have made the ESA even more unworkable, to the detriment of species.4.Amendments to the Endangered Species Act of 1973(a)Determinations of endangered species and threatened speciesSection 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended—(1)in subsection (a)—(A)in paragraph (1), by inserting , with the consent of the Governor of each State in which the endangered species or threatened species is present, after The Secretary; and(B)in paragraph (2)(A)(ii), by inserting , with the consent of the Governor of each State in which the endangered species or threatened species is present, after , who;(2)in subsection (b)—(A)by striking paragraph (3);(B)by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively;(C)in paragraph (3) (as so redesignated), by striking paragraphs (5) and (6) of this subsection and inserting paragraphs (4) and (5);(D)in paragraph (5)(A) (as so redesignated), by striking paragraph (5)(A)(i) and inserting paragraph (4)(A)(i);(E)in paragraph (6) (as so redesignated), by striking paragraph (4), (5), or (6) of this subsection and inserting paragraph (3), (4), or (5); and(F)by adding at the end the following:(8)Definition of best scientific and commercial dataIn this subsection, the term best scientific and commercial data includes any scientific evidence made available to the Secretary by any State agency.;(3)by striking subsection (c) and inserting the following:(c)Lists(1)Definition of joint resolutionIn this subsection, the term joint resolution means only a joint resolution the matter after the resolving clause of which is as follows: That Congress approves the lists relating to endangered species and threatened species submitted by the Secretary of the Interior on ______. (the blank space being appropriately filled in).(2)Lists submitted to CongressThe Secretary of the Interior shall submit to Congress—(A)a list of all species determined by the Secretary of the Interior or the Secretary of Commerce to be endangered species; and(B)a list of all species determined by the Secretary of the Interior or the Secretary of Commerce to be threatened species.(3)Congressional approvalThe lists described in paragraph (2) shall not take effect until a joint resolution described in paragraph (1) is enacted.(4)Contents of listsEach list described in paragraph (2) shall—(A)refer to the species included on the list by any scientific and common name; and(B)specify—(i)with respect to the species over what portion of the range of the species that the species is endangered or threatened; and(ii)any critical habitat within the range.(5)PublicationThe Secretary of the Interior shall publish in the Federal Register each list approved in accordance with paragraph (3).(6)Automatic removal(A)In generalOn the date that is 5 years after the date on which a joint resolution is enacted in accordance with this subsection, each species listed on a list approved by the joint resolution shall be removed from the list.(B)Petition for relisting(i)In generalThe Secretary of the Interior, in consultation with the Governor of each State in which the endangered species or threatened species is present, may submit to Congress a list that includes any species that was removed under subparagraph (A).(ii)Congressional approvalThe list described in clause (i) shall not take effect until a joint resolution described in paragraph (1) is enacted.;(4)in subsection (d)—(A)in the first sentence, by striking Whenever any species and inserting Except as provided in subsection (j), whenever any species; and(B)in the second sentence, by striking The Secretary may and inserting Except as provided in subsection (j), the Secretary may;(5)in subsection (f)(1), by striking The Secretary shall and inserting Except as provided in subsection (j), the Secretary shall;(6)in subsection (g)—(A)in paragraph (1), by striking The Secretary shall and inserting Except as provided in subsection (j), the Secretary shall; and(B)in paragraph (2), by striking paragraph 7 of subsection (b) of this section and inserting subsection (b)(6);(7)in subsection (h)—(A)in the matter preceding paragraph (1), by striking The Secretary shall and inserting Except as provided in subsection (j), the Secretary shall;(B)by striking paragraphs (1) and (2); and(C)by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively;(8)in subsection (i)—(A)by striking subsection (b)(5)(A)(ii) of this section and inserting subsection (b)(4)(A)(ii);(B)by striking or if the Secretary fails to adopt a regulation pursuant to an action petitioned by a State agency under subsection (b)(3),; and(C)by striking or petition; and(9)by adding at the end the following:(j)Intrastate endangered species or threatened species(1)DefinitionsIn this subsection:(A)Governor of a StateThe term Governor of a State means the Governor of a State in which an intrastate endangered species or intrastate threatened species is present.(B)Intrastate endangered speciesThe term intrastate endangered species means an endangered species that the Governor of a State determines is present only within the State.(C)Intrastate threatened speciesThe term intrastate threatened species means a threatened species that the Governor of a State determines is present only within the State.(2)Currently listed species(A)In generalThe Governor of a State may regulate any intrastate endangered species or any intrastate threatened species listed under this section that is listed before the date of enactment of this subsection.(B)Authority of GovernorIf the Governor of a State elects to regulate an intrastate endangered species or an intrastate threatened species under subparagraph (A), the Governor of the State shall, with respect to the management of the intrastate endangered species or intrastate threatened species on any land within the State, have the exclusive authority to, in accordance with the purposes and policy of this Act—(i)promulgate or enforce any regulation or guidance;(ii)designate a critical habitat;(iii)issue a permit or license;(iv)develop or implement a recovery plan; and(v)establish any goal with respect to the recovery plan.(C)Applicable lawThe management described in subparagraph (B) shall be subject to the law of the State in which the land, including public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), is located.(3)Newly listed species(A)In generalThe Governor of a State may, before the Secretary or any other person, regulate any intrastate endangered species or any intrastate threatened species listed under this section that is listed on or after the date of enactment of this subsection.(B)ApplicabilityIf the Governor of a State elects to regulate an intrastate endangered species or an intrastate threatened species under subparagraph (A), subparagraphs (B) and (C) of paragraph (2) shall apply.(C)Judicial reviewAny action by the Governor of a State under this subsection shall not be subject to judicial review in any court of the United States or in any State court..(b)Cost accountingThe Endangered Species Act of 1973 is amended by inserting after section 12 (16 U.S.C. 1541) the following:12A.Cost accounting report(a)DefinitionsIn this section:(1)Direct costsThe term direct costs includes—(A)Federal agency obligations related to the cost of any study;(B)capital, operation, maintenance, and replacement costs; and(C)staffing costs.(2)Indirect costsThe term indirect costs includes foregone power generation costs and replacement power costs, including the net costs of any transmission of power.(b)Cost of compliance(1)In generalExcept with respect to intrastate endangered species or intrastate threatened species regulated by a Governor of a State under section 4(j), the Administrator of the Bonneville Power Administration, the Administrator of the Southeastern Power Administration, the Administrator of the Southwestern Power Administration, and the Administrator of the Western Area Power Administration shall each include in a monthly billing statement submitted to each customer of the respective Administration the share of the direct and indirect costs to the customer incurred by the Administration related to complying with this Act.(2)Assistance in identifying costsThe Director of the Bureau of Reclamation shall assist the administrators described in paragraph (1) with identifying the costs described in that paragraph.(c)ReportNot later than January 30 of each year, each of the administrators described in subsection (b)(1), in coordination with the Director of the Bureau of Reclamation, shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report estimating the costs described in subsection (b)(1)—(1)with respect to the Western Area Power Administration, on a project-by-project basis; and(2)with respect to each of the Administrations described in subsection (b)(1) (except the Western Power Administration), on a systemwide basis.12B.Property rights(a)Determination of proposed use of real property(1)In generalAny owner or lessee of any real property may submit to the Secretary of the Interior an application that includes any proposed use of the real property.(2)Determination(A)In generalNot later than 90 days after the date on which the application described in paragraph (1) is submitted, the Secretary of the Interior shall submit to the owner or lessee in writing a determination as to whether the proposed use will violate any provision of this Act.(B)Failure to respondIf the Secretary of the Interior fails to respond before the expiration of the 90-day period described in subparagraph (A), the proposed use shall be considered to not violate any provision of this Act.(3)Effect of determinations(A)Affirmative defenseIt is an affirmative defense to any civil penalty assessed under section 11 or to any civil action, civil suit, or prosecution brought under that section that the owner or lessee of real property reasonably relied on a determination, including a determination that resulted under paragraph (2)(B), that a proposed use will not violate any provision of this Act.(B)Compensation for unfavorable determinationsIf the Secretary of the Interior determines that a proposed use will violate a provision of this Act, the owner or lessee of the real property may seek compensation in accordance with subsection (b).(b)Compensation for agency actions(1)DefinitionsIn this subsection:(A)Agency action(i)In generalThe term agency action means any action taken by the Director of the United States Fish and Wildlife Service in accordance with this Act that diminishes the fair market value of any real property by not less than 50 percent with respect to the intended use of the real property.(ii)ExclusionThe term agency action does not include any action taken with respect to intrastate endangered species or intrastate threatened species regulated by a Governor of a State under section 4(j).(B)LesseeThe term lessee means a lessee of any real property affected by an agency action.(C)OwnerThe term owner means an owner of any real property affected by an agency action.(2)CompensationExcept as provided in paragraph (3)(B), not later than 180 days after the date on which an agency action takes place, the Secretary shall pay an owner or lessee an amount equal to 150 percent of the fair market value of the real property determined in accordance with paragraph (3).(3)Determination of fair market value(A)In generalThe fair market value described in paragraph (2) shall be determined by 2 licensed independent appraisers of whom—(i)one shall be chosen by the Secretary; and(ii)one shall be chosen by the owner or lessee.(B)Failure to agree on fair market value(i)In generalIf the appraisers chosen under subparagraph (A) fail to agree on the same fair market value, the Secretary and the owner shall jointly select an additional licensed independent appraiser to determine the fair market value.(ii)Extension of time to make determinationThe licensed independent appraiser described in clause (i) shall determine the fair market value not later than 270 days after the date on which the agency action takes place.(C)CostsThe Secretary shall be responsible for all costs relating to the determination of fair market value made under this paragraph..(c)Penalties and enforcementSection 11(g)(4) of the Endangered Species Act (16 U.S.C. 1540(g)(4)) is amended by striking attorney and.(d)Conforming amendmentSection 6(d)(1) of the Endangered Species Act (16 U.S.C. 1535(d)(1)) is amended by striking the status of candidate species pursuant to subparagraph (C) of section 4(b)(3) and.5.Amendment to the Migratory Bird Treaty ActSection 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended by adding at the end the following:(c)Exception for black vulturesSubsection (a) shall not apply to any black vulture (Coragyps atratus) that an individual reasonably believes to be endangering any real or personal property, including—(1)livestock;(2)a vehicle; and(3)a building.(d)Exception for ravensSubsection (a) shall not apply to any action relating to the population control of the raven (Corvus corax) in any area in which predation by a raven poses a risk, as determined by the applicable State wildlife management agency, to an effort to recover a member of a species that is—(1)listed by the Secretary of the Interior as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); or(2)a candidate for listing as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)..


116 SJ 19 IS: Proposing an amendment to the Constitution of the United States to require (except during time of war and subject to suspension by Congress) that the total amount of money expended by the United States during any fiscal year not exceed the amount of certain revenue received by the United States during such fiscal year and not exceed 20 percent of the gross domestic product of the United States during the previous calendar year.
U.S. Senate
2019-05-02
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.

IIA116th CONGRESS1st SessionS. J. RES. 19IN THE SENATE OF THE UNITED STATESMay 2, 2019Mr. Shelby introduced the following joint resolution; which was read twice and referred to the Committee on the JudiciaryJOINT RESOLUTIONProposing an amendment to the Constitution of the United States to require (except during time of
			 war and subject to suspension by Congress) that the total amount of money
			 expended by the United States during any fiscal year not exceed the amount
			 of certain revenue received by the United States during such fiscal year
			 and not exceed 20 percent of the gross domestic product of the United
 States during the previous calendar year.Now, therefore, be itThat the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission by the Congress: —1.The total amount of money expended by the United States in any fiscal year shall not exceed the total amount of revenue received by the United States during such fiscal year, excluding revenue received from the issuance of bonds, notes, or other obligations of the United States.2.The total amount of money expended by the United States in any fiscal year shall not exceed the amount equal to 20 percent of the gross domestic product of the United States during the last calendar year ending before the beginning of such fiscal year.3.Sections 1 and 2 of this article shall not apply during any fiscal year during any part of which the United States is at war, as declared by Congress under section 8 of article I of the Constitution of the United States.4.Sections 1 and 2 of this article may be suspended by a concurrent resolution approved by a three-fifths vote of the Members of each House of Congress. Any suspension of sections 1 and 2 of this article under this section shall be effective only during the fiscal year during which such suspension is approved.5.This article shall take effect on the first day of the first fiscal year beginning after the date of the ratification of this article.6.Congress shall have the power to enforce this article by appropriate legislation..


110 HR 2236 IH: Breastfeeding Promotion Act of

U.S. House of Representatives
2007-05-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 2236
		IN THE HOUSE OF REPRESENTATIVES

			May 9, 2007
			Mrs. Maloney of New
			 York (for herself, Mr.
			 Shays, Ms. Woolsey,
			 Ms. Roybal-Allard,
			 Ms. Lee, Mr. Rush, Mrs.
			 McCarthy of New York, Mr.
			 Olver, Mr. Ellison,
			 Ms. Jackson-Lee of Texas, and
			 Mrs. Jones of Ohio) introduced the
			 following bill; which was referred to the Committee on Ways and Means, and in
			 addition to the Committees on Energy and
			 Commerce and Education
			 and Labor, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To amend the Civil Rights Act of 1964 to protect
		  breastfeeding by new mothers; to provide for a performance standard for breast
		  pumps; and to provide tax incentives to encourage
		  breastfeeding.

		1.Short titleThis Act may be cited as the
			 Breastfeeding Promotion Act of
			 2007.
		IAmendments to the
			 Civil Rights Act of 1964
			101.Findings;
			 purposes
				(a)FindingsCongress
			 finds the following:
					(1)Women with infants
			 and toddlers are a rapidly growing segment of the labor force today.
					(2)Statistical
			 surveys of families show that over 50 percent of mothers with children less
			 than 1 year of age are in the labor force.
					(3)The American
			 Academy of Pediatrics recommends that mothers breastfeed exclusively for six
			 months but continuing for at least the 1st year of a child’s life and that
			 arrangements be made to allow a mother’s expressing of milk if mother and child
			 must separate.
					(4)Research studies
			 show that children who are not breastfed have higher rates of mortality,
			 meningitis, some types of cancers, asthma and other respiratory illnesses,
			 bacterial and viral infections, diarrhoeal diseases, ear infections, allergies,
			 and obesity.
					(5)Research studies
			 have also shown that breastmilk and breastfeeding have protective effects
			 against the development of a number of chronic diseases, including juvenile
			 diabetes, lymphomas, Crohn’s disease, celiac disease, some chronic liver
			 diseases, and ulcerative colitis.
					(6)Maternal benefits
			 of breastfeeding include a reduced risk for postpartum hemorrhage and decreased
			 risk for developing osteoporosis, ovarian cancer, and premenopausal breast
			 cancer.
					(7)The health
			 benefits to children from breastfeeding translate into a threefold decrease in
			 parental absenteeism due to infant illness.
					(8)Congress intended
			 to include breastfeeding and expressing breast milk as protected conduct under
			 the amendment made by the Pregnancy Discrimination Act of 1978 to title VII of
			 the Civil Rights Act of 1964.
					(9)Although title VII
			 of the Civil Rights Act of 1964, as
			 so amended, applies with respect to pregnancy, childbirth, or related
			 medical conditions, a few courts have failed to reach the conclusion
			 that breastfeeding and expressing breast milk in the workplace are covered by
			 such title.
					(b)PurposesThe
			 purposes of this title are—
					(1)to
			 promote the health and well-being of infants whose mothers return to the
			 workplace after childbirth, and
					(2)to clarify that
			 breastfeeding and expressing breast milk in the workplace are protected conduct
			 under the amendment made by the Pregnancy Discrimination Act of 1978 to title
			 VII of the Civil Rights Act of
			 1964.
					102.Amendments to
			 title VII of the Civil Rights Act of
			 1964Section 701(k)
			 of the Civil Rights Act of 1964 (42
			 U.S.C. 2000e(k)) is amended—
				(1)by inserting
			 (including lactation) after childbirth,
			 and
				(2)by adding at the
			 end the following: For purposes of this subsection, the term
			 lactation means a condition that may result in the feeding of a
			 child directly from the breast or the expressing of milk from the
			 breast..
				IICredit for
			 employer expenses for providing appropriate environment on business premises
			 for employed mothers to breastfeed or express milk for their children
			201.Allowance of
			 credit for employer expenses for providing appropriate environment on business
			 premises for employed mothers to breastfeed or express milk for their
			 children
				(a)In
			 generalSubpart D of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to business related credits) is amended
			 by adding at the end the following new section:

						45O.Credit for
				employer expenses incurred to facilitate employed mothers who breastfeed or
				express milk for their children
							(a)In
				generalFor purposes of section 38, the breastfeeding promotion
				and support credit determined under this section for the taxable year is an
				amount equal to 50 percent of the qualified breastfeeding promotion and support
				expenditures of the taxpayer for such taxable year.
							(b)Dollar
				limitationThe credit allowable under subsection (a) for any
				taxable year shall not exceed $10,000.
							(c)Qualified
				breastfeeding promotion and support expenditureFor purposes of
				this section—
								(1)In
				generalThe term qualified breastfeeding promotion and
				support expenditure means any amount paid or incurred in connection with
				a trade or business of the taxpayer—
									(A)for breast pumps
				and other equipment specially designed to assist mothers who are employees of
				the taxpayer to breastfeed or express milk for their children but only if such
				pumps and equipment meet such standards (if any) prescribed by the Secretary of
				Health and Human Services, and
									(B)for consultation
				services to the taxpayer or employees of the taxpayer relating to
				breastfeeding.
									(2)Costs of other
				exclusive use property includedSuch term includes any amount
				paid or incurred for the acquisition or lease of tangible personal property
				(not described in paragraph (1)(A)) which is exclusively used by mothers who
				are employees of the taxpayer to breastfeed or express milk for their children
				unless such property is located in any residence of the taxpayer or any
				employee of the taxpayer.
								(d)Recapture of
				credit
								(1)In
				generalIf, during any taxable year, any property for which a
				credit was allowed under this section is disposed of or otherwise ceases to be
				used by the taxpayer as required by this section, then the tax of the taxpayer
				under this chapter for such taxable year shall be increased by an amount equal
				to the recapture percentage of the aggregate decrease in the credits allowed
				under section 38 for all prior taxable years which would have resulted solely
				from reducing to zero any credit determined under this section with respect to
				such property. The preceding sentence shall not apply to property leased to the
				taxpayer.
								(2)Recapture
				percentageFor purposes of this subsection, the recapture
				percentage shall be determined in accordance with the following table:

												If the
						recapture event occurs in:The recapture percentage is:

												Year 1100

												Year 260

												Year 330

												Year 4 or thereafter0.

									The
				references to years in the preceding table are references to the consecutive
				taxable years beginning with the taxable year in which the property is placed
				in service by the taxpayer as year 1.(3)Certain rules to
				applyRules similar to the rules of paragraphs (3) and (4), and
				subparagraphs (B) and (C) of paragraph (5), of section 50(a) shall apply for
				purposes of this subsection.
								(e)Special
				rulesFor purposes of this section—
								(1)Aggregation
				rulesFor purposes of subsection (b), all persons which are
				treated as a single employer under subsection (a) or (b) of section 52 shall be
				treated as a single taxpayer, and the dollar amount contained in such
				subsection shall be allocated among such persons under regulations prescribed
				by the Secretary.
								(2)Reduction in
				basisRules similar to the rules of paragraphs (1) and (2) of
				section 50(c), and section 1016(a)(19), shall apply with respect to property
				for which a credit is determined under this section.
								(3)Other deductions
				and creditsNo deduction or credit shall be allowed under any
				other provision of this chapter with respect to any expenditure for which a
				credit is determined under this
				section.
								.
				(b)Conforming
			 amendments
					(1)Section 38(b) of
			 such Code is amended by striking plus at the end of paragraph
			 (30), by striking the period at the end of paragraph (31) and inserting
			 , plus, and by adding at the end the following new
			 paragraph:

							(32)the breastfeeding
				promotion and support credit determined under section
				45O(a).
							.
					(2)The table of
			 sections for subpart D of part IV of subchapter A of chapter 1 of such Code is
			 amended by adding at the end the following new item:

								Sec. 45O. Credit for employer expenses
				incurred to facilitate employed mothers who breastfeed or express milk for
				their
				children.

							.
					(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2006.
				IIISafe and
			 effective breast pumps
			301.Short
			 titleThis title may be cited
			 as the Safe and Effective Breast Pumps Act.
			302.Breast
			 pumps
				(a)Performance
			 standardsThe Secretary of Health and Human Services shall take
			 such action as may be appropriate to put into effect a performance standard for
			 breast pumps irrespective of the class to which the breast pumps have been
			 classified under section 513 of the Federal
			 Food, Drug, and Cosmetic Act (21 U.S.C. 360c). In establishing such
			 standard, the Secretary shall identify those pumps appropriate for use on a
			 regular basis in a place of employment based on the efficiency and
			 effectiveness of the pump and on sanitation factors related to communal use.
			 Action to put into effect a performance standard shall be taken within one year
			 of the date of the enactment of this Act.
				(b)Compliance
			 policy guideThe Secretary of Health and Human Services, acting
			 through the Commissioner of Food and Drugs, shall issue a compliance policy
			 guide which will assure that women who want to breastfeed a child are given
			 full and complete information respecting breast pumps.
				IVDefinition of
			 medical care in Internal Revenue Code expanded to include breastfeeding
			 equipment and services
			401.Definition of
			 medical care expanded to include breastfeeding equipment and services
				(a)In
			 generalParagraph (1) of section 213(d) of the Internal Revenue
			 Code of 1986 (defining medical care) is amended by striking or
			 at the end of subparagraph (C), by striking the period at the end of
			 subparagraph (D) and inserting , or, and by inserting after
			 subparagraph (D) the following:

						(E)qualified
				breastfeeding equipment and
				services.
						.
				(b)Qualified
			 breastfeeding equipment and servicesSubsection (d) of section
			 213 of such Code (relating to definitions) is amended by adding at the end the
			 following new paragraph:

						(12)Qualified
				breastfeeding equipment and servicesFor purposes of paragraph
				(1)(E), the term qualified breastfeeding equipment and services
				means—
							(A)breast pumps and
				other equipment specially designed to assist a mother to breastfeed or express
				milk for her child but only if such pumps and equipment meet the standards (if
				any) prescribed by the Secretary of Health and Human Services, and
							(B)consultation
				services relating to
				breastfeeding.
							.
				(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2006.


114 HR 3052 IH: To amend title 28, United States Code, to prevent the misuse of foreign law in Federal courts, and for other purposes.
U.S. House of Representatives
2015-07-14
text/xml
EN
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		I
		114th CONGRESS
		1st Session
		H. R. 3052
		IN THE HOUSE OF REPRESENTATIVES

			July 14, 2015
			Mrs. Black introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To amend title 28, United States Code, to prevent the misuse of foreign law in Federal courts, and
			 for other purposes.

 1.Use of foreign law in Federal courtsPart VI of title 28, United States Code, is amended by adding at the end the following:  183Use of foreign law in Federal courts  Sec. 4201. Limitation on use of foreign law in Federal courts.  4201.Limitation on use of foreign law in Federal courtsIn any court created by or under article III of the Constitution of the United States, no justice, judge, or other judicial official shall decide any issue in a case before that court in whole or in part on the authority of foreign law, except to the extent the Constitution or an Act of Congress requires the consideration of that foreign law..
 2.Clerical amendmentThe table of chapters for part VI of title 28, United States Code, is amended by adding at the end the following:

					183.Use of foreign law in Federal courts4201.