114 S2667 IS: Gulf States Protection and Restoration Coordination Act
U.S. Senate
2016-03-10
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.

II114th CONGRESS2d SessionS. 2667IN THE SENATE OF THE UNITED STATESMarch 10, 2016Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo designate the Gulf of Mexico Alliance as a Regional Coordination Partnership of the National
			 Oceanic and Atmospheric Administration and for other purposes.

 1.Short titleThis Act may be cited as the Gulf States Protection and Restoration Coordination Act.
		2.Findings, sense of Congress, and purposes
 (a)FindingsCongress finds the following: (1)The Gulf of Mexico is a valuable resource of national and international importance, continuously serving the people of the United States and other countries as an important source of food, economic productivity, recreation, beauty, and enjoyment.
 (2)Over many years, the resource productivity and water quality of the Gulf of Mexico and its watershed have been diminished by point and nonpoint source pollution, increasing population demands, economic development, and natural and man-made hazard events.
 (3)The protection of the Gulf of Mexico regional ecosystem has been traditionally underserved and overlooked compared to other great water bodies of the United States, even though the region accounts for 17 percent of United States gross domestic product and would rank as the 7th largest economy in the world.
 (b)Sense of CongressIt is the sense of Congress that the United States should seek to attain coordination of the protection and restoration efforts of the Gulf of Mexico in order to reduce duplication of efforts and maximize efficiencies through a collaborative regional effort by the Gulf of Mexico Alliance, in consultation with Federal agencies and State and local authorities.
 (c)PurposesThe purposes of this Act are as follows: (1)To expand and strengthen cooperative voluntary efforts to protect and restore the Gulf of Mexico.
 (2)To expand Federal support for monitoring, management, and restoration activities in the Gulf of Mexico and its watershed.
 (3)To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, the Gulf of Mexico.
 (4)To establish a Gulf of Mexico Alliance to coordinate Federal and State authorities with other voluntary efforts for the collaborative management of the large marine ecosystem, thereby reducing duplication of efforts and maximizing opportunities to leverage restoration support in the Gulf of Mexico region.
 3.Gulf States protection and restoration coordinationThe Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end the following:

				120.Gulf States protection and restoration coordination
 (a)DefinitionsIn this section: (1)Alliance Management TeamThe term Alliance Management Team means the governing body of the Gulf of Mexico Alliance consisting of the designated voting members representing the Governors of Alabama, Florida, Louisiana, Mississippi, and Texas.
 (2)Gulf of Mexico AllianceThe term Gulf of Mexico Alliance means the formal collaborative organization of Federal, State, local, and private participants established by the 5 Gulf States in 2004 as a nonregulatory, inclusive network of partners to provide a broad geographic focus on the primary environmental issues affecting the Gulf of Mexico.
 (3)Gulf of Mexico ecosystemThe term Gulf of Mexico ecosystem means the ecosystem of the Gulf of Mexico and its watershed. (b)Authorization of Gulf of Mexico Alliance (1)Designation as a Regional Coordination PartnershipThe Gulf of Mexico Alliance is designated as a Regional Coordination Partnership of the National Oceanic and Atmospheric Administration of the Department of Commerce.
 (2)RequirementsThe Gulf of Mexico Alliance shall be— (A)headed by a Director who, by reason of management experience and technical expertise relating to the Gulf of Mexico, is highly qualified to direct the development of plans and programs on a variety of Gulf of Mexico issues, as determined by the Alliance Management Team; and
 (B)located in a State all, or a portion of the coastline, of which is on the Gulf of Mexico. (3)FunctionsThe Gulf of Mexico Alliance shall—
 (A)promote coordination of the actions of State agencies in the States that border the Gulf of Mexico and other authorities with the actions of the appropriate officials of the Federal agencies and State and local authorities in the Gulf of Mexico region in developing strategies—
 (i)to improve the water quality, protect nonregulated living resources, increase valuable habitats, and enhance coastal resilience in the Gulf of Mexico ecosystem; and
 (ii)to obtain the support of appropriate officials; (B)in cooperation with appropriate Federal, State, and local authorities, develop and implement specific action plans to carry out the Gulf of Mexico Alliance regional protection and restoration coordination goals;
 (C)coordinate and implement priority plans and projects, and facilitate science, research, modeling, monitoring, data collection, and other activities that support the Gulf of Mexico Alliance’s goals through the provision of grants under subsection (c);
 (D)implement outreach programs for public information, education, and participation to foster stewardship of the resources of the Gulf of Mexico;
 (E)develop and make available, through publications, technical assistance, and other appropriate means, information pertaining to the environmental quality and living resources of the Gulf of Mexico ecosystem;
 (F)serve as the liaison with, and provide information to, the Mexican members of the Gulf of Mexico States Accord and Mexican counterparts; and
 (G)focus the efforts and resources of the Gulf of Mexico Alliance on activities that will result in measurable improvements to water quality and living resources of the Gulf of Mexico ecosystem by coordinating protection and restoration programs to minimize duplication and maximize leveraging opportunities.
							(c)Grants
 (1)In generalThe Gulf of Mexico Alliance may provide grants to nonprofit organizations, State and local governments, colleges, universities, interstate agencies, and individuals to carry out this section for use in—
 (A)monitoring the water quality and living resources of the Gulf of Mexico ecosystem; (B)researching the effects of natural and human-induced environmental changes on the water quality and living resources of the Gulf of Mexico ecosystem;
 (C)developing and executing cooperative strategies that address the water quality and living resource needs in the Gulf of Mexico ecosystem;
 (D)developing and implementing locally based protection and restoration programs or projects within a watershed that complement such strategies, including the creation, restoration, protection, or enhancement of habitat associated with the Gulf of Mexico ecosystem; and
 (E)eliminating or reducing nonpoint sources that discharge pollutants that contaminate the Gulf of Mexico ecosystem, including activities to eliminate leaking septic systems and construct connections to local sewage systems.
 (2)Administrative costsAdministrative costs in the form of salaries, overhead, or indirect costs for services provided and charged against programs or projects carried out using funds made available through a grant under this subsection shall not exceed 25 percent of the amount of the grant.
						(d)Reports
 (1)Annual reportNot later than December 30, 2016, and annually thereafter, the Director of the Alliance shall submit to the Administrator of the National Oceanic and Atmospheric Administration and make available to the public a report that describes—
 (A)each project and activity funded under this section during the previous fiscal year; (B)the goals and objectives of those projects and activities; and
 (C)the net benefits of projects and activities funded under this section during previous fiscal years.
							(2)Assessment
 (A)In generalNot later than April 30, 2019, and every 3 years thereafter, the Administrator of the National Oceanic and Atmospheric Administration, in coordination with the Alliance Management Team, shall complete an assessment on the effectiveness of the Gulf of Mexico Alliance’s ability to coordinate regional priorities and submit to Congress a comprehensive report on such assessment.
 (B)RequirementsThe assessment and report described in subparagraph (A) shall— (i)assess the overall status of coordinated restoration and protection efforts in the Gulf of Mexico ecosystem;
 (ii)assess the effectiveness of the Gulf of Mexico Alliance management strategies being implemented, and the extent to which the priority needs of the region are being met through that implementation; and
 (iii)make recommendations for the improved coordination among the regulatory and nonregulatory programs operating in the region, including strengthening strategies being implemented or adopting improved strategies.
 (e)Budget itemThe Administrator of the National Oceanic and Atmospheric Administration, in the annual submission to Congress of the budget of the National Oceanic and Atmospheric Administration, shall include a funding line item request for the Alliance as a separate budget line item.
 (f)Limitation on regulatory authorityNothing in this section establishes any new legal or regulatory authority of the National Oceanic and Atmospheric Administration or the Gulf of Mexico Alliance, itself, other than the authority to provide grants in accordance with this section.
 (g)Authorization of appropriationsThere are authorized to be appropriated to carry out this section, to remain available until expended—
 (1)$5,000,000 for fiscal year 2017; (2)$5,100,000 for fiscal year 2018;
 (3)$5,202,000 for fiscal year 2019; (4)$5,306,040 for fiscal year 2020;
 (5)$5,412,160 for fiscal year 2021; and (6)$5,520,404 for fiscal year 2022..


		II

		109th CONGRESS

		1st Session

		S. 1358

		IN THE SENATE OF THE UNITED

		  STATES

			June 30, 2005

			Mr. Durbin (for himself

			 and Mr. Lautenberg) introduced the

			 following bill; which was read twice and referred to the

			 Committee on Homeland Security and

			 Governmental Affairs

		A BILL

		To protect scientific integrity in Federal

		  research and policymaking.

		1.Short title; table of

			 contents

			(a)Short

			 titleThis Act may be cited

			 as the Restore Scientific Integrity to

			 Federal Research and Policymaking Act.

			(b)Table of

			 contentsThe table of

			 contents for this Act is as follows:

					Sec. 1. Short title;

				table of contents.

					Sec. 2. Findings and

				purpose.

					Sec. 3. Prohibition

				of political interference with science.

					Sec. 4. Whistleblower extension for disclosures relating to

				interference with science.

					Sec. 5. Requirements

				relating to Federal scientific advisory committees.

					Sec. 6. Peer

				review.

					Sec. 7. State of

				scientific integrity report.

					Sec. 8. Definitions.

			2.Findings and

			 purpose

			(a)FindingsCongress finds the following:

				(1)America has for its history served as a

			 world leader of scientific innovation and research.

				(2)Multiple policy and legislative decisions

			 affecting the health and safety of the American public and the state of the

			 environment depend upon comprehensive, accurate scientific information.

				(3)The Federal Government plays a key role in

			 fostering and supporting scientific research.

				(4)The conduct of such research depends on

			 free investigation and open exchange of ideas.

				(5)Scientific advisory committees must be

			 comprised of individuals with the appropriate expertise regardless of political

			 affiliation.

				(6)Over the past four years, leading

			 scientific associations and scientific journals, Inspectors General, senior

			 scientists within the Federal Government, former scientific officials from both

			 Republican and Democratic administrations, and 48 Nobel Laureates have raised

			 concerns about political interference with science in the executive branch of

			 the Federal Government.

				(7)This interference has included tampering

			 with the conduct of research, gagging of government scientists, distortion of

			 scientific information presented to Congress and the public, and manipulation

			 of Federal scientific advisory committees.

				(b)PurposeThe purpose of this Act is to protect

			 scientific integrity in Federal research and policymaking.

			3.Prohibition of

			 political interference with science

			(a)In

			 generalSubchapter V of

			 chapter

			 73 of title 5, United States Code, is amended by adding at the

			 end the following:

					7354.Interference with

				science

						(a)In

				generalAn employee may not

				engage in any of the following:

							(1)Tampering with the conduct of federally

				funded scientific research or analysis.

							(2)Censorship of findings of federally funded

				scientific research or analysis.

							(3)Directing the dissemination of scientific

				information known by the directing employee to be false or misleading.

							(b)PenaltiesAn employee who violates this section shall

				be subject to appropriate disciplinary action by the employing agency or

				entity.

						.

			(b)Prohibited

			 personnel practiceSection 2302(b) of title 5, United

			 States Code, is amended—

				(1)in paragraph (11), by striking

			 or at the end;

				(2)in paragraph (12), by striking the period

			 and inserting ; or; and

				(3)by inserting after paragraph (12) the

			 following:

						(13)take or fail to take, or threaten to take

				or fail to take, a personnel action with respect to any employee because of the

				development or dissemination, within the scope of employment, of scientific

				research or analysis that the employee reasonably believes to be accurate and

				valid.

						.

				(c)Clerical

			 amendmentThe table of

			 sections for

			 chapter

			 73 of title 5, is amended by inserting after the item relating

			 to section

			 7353 the following:

						7354. Interference with

				science.

					.

			4.Whistleblower

			 extension for disclosures relating to interference with science

			(a)In

			 generalSubparagraphs (A)(ii)

			 and (B)(ii) of section 2302(b)(8) of title 5,

			 United States Code, are amended by inserting after authority, the

			 following: including but not limited to tampering with the conduct of

			 federally funded scientific research or analysis, censoring the findings of

			 federally funded scientific research or analysis, or directing the

			 dissemination of scientific information known by the directing employee to be

			 false or misleading,.

			(b)Conforming

			 amendments

				(1)Section 1212(a)(3) of title 5,

			 United States Code, is amended by inserting after authority, the

			 following: including but not limited to tampering with the conduct of

			 federally funded scientific research or analysis, censoring the findings of

			 federally funded scientific research or analysis, or directing the

			 dissemination of scientific information known by the directing employee to be

			 false or misleading,.

				(2)Section 1213(a) of such title is

			 amended—

					(A)in paragraph (1)(B), by inserting after

			 authority, the following: including but not limited to

			 tampering with the conduct of federally funded scientific research or analysis,

			 censoring the findings of federally funded scientific research or analysis, or

			 directing the dissemination of scientific information known by the directing

			 employee to be false or misleading,; and

					(B)in paragraph (2)(B), by inserting after

			 authority, the following: including but not limited to

			 tampering with the conduct of federally funded scientific research or analysis,

			 censoring the findings of federally funded scientific research or analysis, or

			 directing the dissemination of scientific information known by the directing

			 employee to be false or misleading,.

					5.Requirements relating

			 to Federal scientific advisory committees

			(a)Bar on litmus

			 testsAll appointments to

			 Federal scientific advisory committees shall be made without regard to

			 political affiliation, unless required by Federal statute.

			(b)Designation of

			 members as special government employees or representatives

				(1)An individual appointed to a Federal

			 scientific advisory committee who is not a full-time or permanent part-time

			 officer or employee of the Federal Government shall be designated, by the

			 agency to which the committee reports, as either—

					(A)a special Government employee, if the

			 individual is providing advice based on the individual’s expertise or

			 experience; or

					(B)a representative, if the individual is

			 representing the views of individuals or entities outside the Federal

			 Government.

					(2)An agency shall review the members of each

			 Federal scientific advisory committee that reports to the agency to determine

			 whether each member’s designation is appropriate, and to redesignate members if

			 appropriate. Such review shall be made when the committee’s charter expires or,

			 in the case of a committee with an indefinite charter, every 2 years.

				(c)Ensuring

			 independent advice and expertise

				(1)Each agency shall, to the extent permitted

			 by law, appoint individuals to Federal scientific advisory committees as

			 special government employees.

				(2)Each agency shall make its best efforts to

			 ensure that—

					(A)no individual appointed to serve on a

			 Federal scientific advisory committee has a conflict of interest that is

			 relevant to the functions to be performed, unless such conflict is promptly and

			 publicly disclosed and the agency determines that the conflict is unavoidable;

			 and

					(B)each report of the advisory committee will

			 be the result of the advisory committee’s independent judgment and include a

			 statement indicating the process used by the advisory committee in formulating

			 the recommendations or conclusions contained in the report.

					(3)Each agency shall require that individuals

			 that the agency appoints or intends to appoint to serve on a Federal scientific

			 advisory committee inform the agency of the individual’s conflicts of interest

			 that are relevant to the functions to be performed.

				(4)If an agency determines that representative

			 members are required on a Federal scientific advisory committee, the Advisory

			 Committee Management Officer of the agency shall consult with the designated

			 agency ethics official to ensure that the designation is appropriate and

			 necessary to fulfilling the committee’s purpose.

				(5)The designated agency ethics official of

			 each agency shall issue guidance to ensure that Federal scientific advisory

			 committees are providing sufficiently independent advice and expertise.

				(6)The Administrator for General Services

			 shall conduct an annual review of compliance by agencies with this subsection

			 and shall submit to the Committee on Government Reform of the House of

			 Representatives and the Committee on Governmental Affairs and Homeland Security

			 of the Senate a report on the results of the review.

				(d)Disclosure of

			 information

				(1)Items required

			 to be disclosedWith respect

			 to each Federal scientific advisory committee established before, on, or after

			 the date of the enactment of this Act, the agency to which the committee

			 reports shall make available as described in paragraph (2) the following

			 information, at a minimum:

					(A)The charter of the committee.

					(B)A description of the committee formation

			 process, including at least—

						(i)the process for identifying prospective

			 members;

						(ii)the process of selecting members for

			 balance of viewpoints or expertise; and

						(iii)a justification of the need for

			 representative members, if any.

						(C)A list of all current members, including,

			 for each member, the following:

						(i)The name of any person or entity that

			 nominated the member.

						(ii)Whether the member is designated as a

			 special Government employee or a representative.

						(iii)In the case of a representative, the

			 individuals or entity whose viewpoint the member represents.

						(D)A list of all special Government employees

			 who have received conflict of interest waivers under

			 section

			 208(b) of title 18, United States Code, under regulations

			 issued by the Office of Government Ethics, a summary description of the

			 conflict necessitating the waiver, and the reason for granting the

			 waiver.

					(E)A summary of the process used by the

			 committee for making decisions.

					(F)Transcripts of all meetings of the

			 committee.

					(G)Notices of future meetings of the

			 committee.

					(2)Methods of

			 disclosure

					(A)(i)Except as provided in clause (ii), the

			 information required to be disclosed by an agency under this subsection shall

			 be available electronically, including on the official public Internet site of

			 the agency, at least 7 calendar days before each meeting of a Federal

			 scientific advisory committee.

						(ii)In the case of a transcript of a meeting of

			 a Federal scientific advisory committee, the transcript shall be disclosed by

			 an agency under this subsection not later than 7 calendar days after the

			 meeting.

						(B)The Administrator of General Services shall

			 provide, on the official public Internet site of the General Services

			 Administration, electronic access to the information made available by each

			 agency under subparagraph (A).

					6.Peer review

			(a)Agency-Directed

			 peer reviewEach agency shall

			 determine a peer review process appropriate for the agency’s functions and

			 needs.

			(b)Ineffectiveness

			 of information quality bulletin for peer reviewThe Information Quality Bulletin for Peer

			 Review, issued in final form by the Office of Management and Budget on December

			 16, 2004 (70 Fed. Reg. 2664; January 14, 2005), shall not apply to any agency

			 that has established its own peer review process. The Office of Management and

			 Budget shall not take any action to discourage an agency from determining and

			 establishing a peer-review process appropriate for its needs.

			7.State of scientific

			 integrity reportBy January 15

			 of each year, beginning with January 15, 2006, the Director of the Office of

			 Science and Technology Policy shall provide to Congress a report

			 addressing—

			(1)major controversies regarding scientific

			 integrity that arose during the year, and the current status of such

			 controversies, including controversies brought to the attention of the Director

			 by members of Congress;

			(2)by agency and with respect to the period

			 covered by the report—

				(A)the number of instances in which the

			 amendments made by sections 3(a), 3(b), and 4(a), respectively, were violated;

			 and

				(B)a brief description of the violations to

			 which the information under subparagraph (A) relates, excluding any information

			 that identifies or makes possible the identification of any individual;

				(3)Federal policy changes during the year

			 related to scientific integrity, including changes that affect the right to

			 publish, the use of data, communications with the public, participation in

			 professional scientific activities, and Federal advisory committee membership;

			 and

			(4)administration efforts specifically

			 designed to further scientific integrity.

			8.DefinitionsIn this Act:

			(1)Federal

			 scientific advisory committeeThe term Federal scientific advisory

			 committee means any advisory committee established in whole or in part

			 to provide expert scientific advice, or to provide policy advice based in whole

			 or in part on an assessment of scientific information.

			(2)Advisory

			 committeeThe term

			 advisory committee has the meaning provided in

			 section

			 3(2) of the Federal Advisory Committee Act (5 U.S.C.

			 App.).

			(3)AgencyThe term agency has the same

			 meaning as in section

			 551(1) of title 5, United States Code.

			(4)ScientificThe term scientific means

			 relating to the natural, medical, or social sciences or engineering,

			 encompassing, but not limited to, the fields considered related to science and

			 engineering by the National Science Foundation.

			(5)TamperingThe term tampering means

			 improperly altering or obstructing so as to substantially distort, or directing

			 others to do so.

			(6)CensorshipThe term censorship means

			 improper prevention of the dissemination of valid and nonclassified scientific

			 findings.

			(7)Special

			 Government employeeThe term

			 special Government employee has the same meaning as in

			 section

			 202(a) of title 18, United States Code.

			(8)Advisory

			 Committee Management OfficerThe term Advisory Committee

			 Management Officer means the officer designated under

			 section

			 8(b) of the Federal Advisory Committee Act (5 U.S.C.

			 App.).

			(9)Designated

			 agency ethics officialThe

			 term designated agency ethics official has the same meaning as in

			 section

			 109(3) of the Ethics in Government Act of 1978 (5 U.S.C.

			 App.).


		I
		112th CONGRESS
		1st Session
		H. R. 2982
		IN THE HOUSE OF REPRESENTATIVES

			September 21, 2011
			Mr. Carter (for
			 himself, Mrs. Schmidt,
			 Mrs. Maloney,
			 Mr. Smith of New Jersey,
			 Mr. DeFazio,
			 Ms. Norton,
			 Ms. Speier,
			 Mr. Blumenauer,
			 Mr. Gutierrez,
			 Mr. Aderholt,
			 Ms. Richardson,
			 Mr. Long, Mr. Bilirakis, Mr.
			 Moran, Mr. Poe of Texas,
			 Mr. Wolf, Mr. Jackson of Illinois, and
			 Mr. Pitts) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary

		A BILL
		To amend the Omnibus Crime Control and Safe Streets Act
		  of 1968 to include human trafficking as a part 1 violent crime for purposes of
		  the Edward Byrne Memorial Justice Assistance Grant Program.

		1.Short titleThis Act may be cited as the
			 Human Trafficking Reporting
			 Act.
		2.FindingsCongress finds the following:
			(1)Human trafficking
			 is a form of modern-day slavery.
			(2)According to the
			 Trafficking Victims Protection Act of 2000 severe forms of trafficking
			 in persons means—
				(A)sex trafficking in
			 which a commercial sex act is induced by force, fraud, or coercion, or in which
			 the person induced to perform such act has not attained 18 years of age;
			 or
				(B)the recruitment,
			 harboring, transportation, provision, or obtaining of a person for labor or
			 services, through the use of force, fraud, or coercion for the purpose of
			 subjection to involuntary servitude, peonage, debt bondage, or slavery.
				(3)There is an acute
			 need for better data collection of incidents of human trafficking across the
			 United States in order to effectively combat severe forms of trafficking in
			 persons.
			(4)The State
			 Department’s 2011 Trafficking in Persons report found that—
				(A)the United States
			 is a source, transit and destination country for men, women, and
			 children, subjected to forced labor, debt bondage, domestic servitude and sex
			 trafficking,; and
				(B)the United States
			 needs to improve data collection on human trafficking cases at the
			 federal, state and local levels.
				(5)The International
			 Organization for Migration has reported that in order to effectively combat
			 human trafficking there must be reliable and standardized data, however, the
			 following barriers for data collection exist:
				(A)The illicit and
			 underground nature of human trafficking.
				(B)The reluctance of
			 victims to share information with authorities.
				(C)Insufficient human
			 trafficking data collection and research efforts by governments
			 world-wide.
				(6)A
			 2009 report to the Department of Health and Human Services entitled Human
			 Trafficking Into and Within the United States: A Review of the Literature found
			 that the data and methodologies for estimating the prevalence of human
			 trafficking globally and nationally are not well developed, and therefore
			 estimates have varied widely and changed significantly over
			 time.
			(7)The Federal Bureau
			 of Investigation compiles national crime statistics through the Uniform Crime
			 Reporting Program.
			(8)Under current law,
			 State and local governments receiving Edward Byrne Memorial Justice Assistance
			 grants are required to share data on part 1 violent crimes with the Federal
			 Bureau of Investigation for inclusion in the Uniform Crime Reporting
			 Program.
			(9)The addition of
			 severe forms of trafficking in persons to the definition of part 1 violent
			 crimes will ensure that statistics on this heinous crime will be compiled and
			 available through the Federal Bureau of Investigation’s Uniform Crime
			 Report.
			3.Human trafficking to
			 be included in part 1 violent crimes for purposes of Byrne grantsSection 505 of the Omnibus Crime Control and
			 Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end the
			 following new subsection:

				(i)Part 1 violent
				crimes To include human traffickingFor purposes of this section, the term
				part 1 violent crimes shall include severe forms of trafficking in
				persons, as defined in section 103(8) of the Trafficking Victims Protection Act
				of
				2000.
				.


109 HR 5203 IH: Gasoline Price Relief Act of 2006
U.S. House of Representatives
2006-04-26
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.

I
109th CONGRESS 2d Session
H. R. 5203
IN THE HOUSE OF REPRESENTATIVES

April 26, 2006
Mr. Chabot 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 allow individuals a credit against income tax of at least $500 to offset the cost of high 2006 gasoline and diesel fuel prices.

1.Short titleThis Act may be cited as the Gasoline Price Relief Act of 2006.
2.Credit against income tax to offset cost of high 2006 gasoline and diesel fuel prices
(a)In generalSubchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to abatements, credits, and refunds) is amended by adding at the end the following new section:

6431. Nonrefundable credit to offset cost of high 2006 gasoline and diesel fuel prices
(a)Allowance of creditIn the case of an eligible individual, there shall be allowed as a credit against the tax imposed by chapter 1 for the taxpayer’s last taxable year ending in 2006 the amount of $500 ($1,000 in the case of a joint return).
(b)DefinitionsFor purposes of this section—
(1)Eligible individual
(A)In generalThe term eligible individual means any individual to whom is registered under State law any qualified highway vehicle.
(B)ExceptionsSuch term shall not include—
(i)any estate or trust,
(ii)any nonresident alien individual, and
(iii)any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins.
(2)Qualified highway vehicle
(A)In generalThe term qualified highway vehicle means any highway vehicle fueled in whole or in part by gasoline or diesel fuel.
(B)Exception for business vehiclesSuch term shall not include any vehicle all of the use of which is in any trade or business.
(c)Credit treated as nonrefundable personal creditFor purposes of this title, the credit allowed under this section shall be treated as a credit allowable under subpart A of part IV of subchapter A of chapter 1..
(b)Clerical amendmentThe table of sections for such subchapter B is amended by adding at the end the following new item:

Sec. 6431. Nonrefundable credit to offset cost of high 2006 gasoline and diesel fuel prices..
(c)Effective dateThe amendments made by this section shall apply to taxable years ending during 2006.


115 S294 IS: Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2017
U.S. Senate
2017-02-02
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.

II115th CONGRESS1st SessionS. 294IN THE SENATE OF THE UNITED STATESFebruary 2, 2017Mr. Nelson (for himself, Mr. Rubio, Mr. Manchin, Mr. Daines, Mr. Casey, Mr. Gardner, Mr. Boozman, Mr. Tester, Ms. Hirono, and Mr. Heller) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Federal Food, Drug, and Cosmetic Act to clarify the Food and Drug Administration’s
			 jurisdiction over certain tobacco products, and to protect jobs and small
			 businesses involved in the sale, manufacturing and distribution of
			 traditional and premium cigars.

 1.Short titleThis Act may be cited as the Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2017.
		2.Limitation of
			 authority with respect to premium cigars
			(a)Exception for
 traditional large and premium cigarsSection 901(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387a(c)) is amended—
 (1)in paragraph (2), in the heading, by inserting for certain tobacco leaf after authority; and
 (2)by adding at the end the following:

						(3)Limitation of
				authority for certain cigars
							(A)In
 generalThe provisions of this chapter (except for section 907(d)(3)) shall not apply to traditional large and premium cigars.
							(B)Rule of
 constructionNothing in this chapter shall be construed to grant the Secretary authority to promulgate regulations on any matter that involves traditional large and premium cigars.
							(C)Traditional
 large and premium cigar definedFor purposes of this paragraph, the term traditional large and premium cigar—
 (i)means any roll of tobacco that is wrapped in 100-percent leaf tobacco, bunched with 100-percent tobacco filler, contains no filter, tip or non-tobacco mouthpiece, weighs at least 6 pounds per 1,000 count, and—
 (I)has a 100 percent leaf tobacco binder and is hand rolled;
 (II)has a 100-percent leaf tobacco binder and is made using human hands to lay the leaf tobacco wrapper or binder onto only one machine that bunches, wraps, and caps each individual cigar; or
 (III)has a homogenized tobacco leaf binder and is made in the United States using human hands to lay the 100-percent leaf tobacco wrapper onto only one machine that bunches, wraps, and caps each individual cigar; and
 (ii)does not include a cigarette (as such term is defined by section 900(3)) or a little cigar (as such term is defined by section 900(11))..
				(b)Conforming
 amendmentsSection 919(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387s(b)) is amended—
 (1)in paragraph (2)(B)(II), by inserting , but excluding traditional large and premium cigars (as such term is defined under section 901(c)(3)) before the period; and
 (2)in paragraph (5), by inserting subject to section 901(c)(3), before if a user fee.


115 HR 1005 : To amend title 38, United States Code, to improve the provision of adult day health care services for veterans.
U.S. House of Representatives
2017-05-24
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.

		IIB
		115th CONGRESS1st Session
		H. R. 1005
		IN THE SENATE OF THE UNITED STATES
		May 24, 2017 Received; read twice and referred to the Committee on Veterans' AffairsAN ACT
		To amend title 38, United States Code, to improve the provision of adult day health care services
			 for veterans.

		1.Provision of adult day health care services for veterans
 (a)In generalSection 1745 of title 38, United States Code, is amended— (1)by adding at the end the following new subsection:

						(d)
 (1)The Secretary shall enter into an agreement under section 1720(c)(1) of this title or a contract with each State home for payment by the Secretary for adult day health care provided to a veteran who is eligible for, but does not receive, nursing home care pursuant to subsection (a).
 (2)Payment under each agreement or contract between the Secretary and a State home under paragraph (1) for each veteran who receives care under such paragraph shall be made at a rate that is equal to 65 percent of the payment that the Secretary would pay to the State home pursuant to subsection (a)(2) if the veteran received nursing home care under subsection (a) rather than under paragraph (1) of this subsection.
 (3)Payment by the Secretary under paragraph (1) to a State home for adult day health care provided to a veteran described in that paragraph constitutes payment in full to the State home for such care furnished to that veteran.; and
 (2)in the heading, by inserting , adult day health care, after home care. (b)clerical amendmentThe table of sections at the beginning of chapter 17 of such title is amended by striking the item relating to section 1745 and inserting the following new item:

						1745. Nursing home care, adult day health care, and medications for veterans with service-connected
			 disabilities..
			Passed the House of Representatives May 23, 2017.Karen L. Haas,Clerk


116 HR 8364 IH: VA Fiscal Responsibility Act
U.S. House of Representatives
2020-09-23
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.

I116th CONGRESS2d SessionH. R. 8364IN THE HOUSE OF REPRESENTATIVESSeptember 23, 2020Mr. Steube introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo direct the Secretary of Veterans Affairs to automate third-party health insurance billings and collections of the Department of Veterans Affairs.1.Short titleThis Act may be cited as the VA Fiscal Responsibility Act. 2.Third-party billings and collections procedures of Department of Veterans Affairs(a)FindingsCongress finds the following:(1)A large number of third-party health billings by the Department of Veterans Affairs go uncollected each year.(2)Procedures to provide for correct billing and prompt collection must improve at the Department.(3)Congress has urged the Department to improve its systems for the collection of third-party payments that are owed to the Department for non-service-connected care for veterans.(4)It is important for the Department to increase collections of payments that are rightfully owed to the United States.(5)A comprehensive solution to the fee care issue is necessary to realize full collection potential.(b)Use of automated technology(1)RequirementThe Secretary of Veterans Affairs shall automate the collection of outstanding, overdue, and not fully paid third-party health insurance claims, regardless of the amount owed under any single claim.(2)Contract authorityThe Secretary shall seek to enter into a contract using competitive procedures to provide the capability described in paragraph (1). The Secretary shall award such a contract from among contractors that the Secretary determines have proven expertise and documented success in the private sector through the use of automated small-balance recovery and appeal processes.(3)Third-party health insurance claimsIn this section, the term third-party health insurance claims means claims made by the Secretary of Veterans Affairs to recover amounts from third parties pursuant to sections 1725 and 1729 of title 38, United States Code, and other similar provisions of law.


		II

		109th CONGRESS

		1st Session

		S. 1362

		IN THE SENATE OF THE UNITED

		  STATES

			June 30, 2005

			Mr. Sessions (for

			 himself, Mr. Craig,

			 Mr. Inhofe, and Mr. Isakson) introduced the following bill; which

			 was read twice and referred to the Committee on the Judiciary

		A BILL

		To provide for enhanced Federal enforcement

		  of, and State and local assistance in the enforcement of, the immigration laws

		  of the United States, and for other purposes.

		1.Short titleThis Act may be cited as the

			 Homeland Security Enhancement Act of

			 2005.

		2.State

			 DefinedIn this Act, the term

			 State has the meaning given that term in section 101(a)(36) of

			 the Immigration and Nationality Act (8 U.S.C. 1101 (a)(36)).

		3.Federal affirmation of

			 immigration law enforcement by States and political subdivisions of

			 StatesNotwithstanding any

			 other provision of law and reaffirming the existing inherent authority of

			 States, law enforcement personnel of a State or a political subdivision of a

			 State have the inherent authority of a sovereign entity to investigate,

			 identify, apprehend, arrest, detain, or transfer to Federal custody aliens in

			 the United States (including the transportation of such aliens across State

			 lines to detention centers), for the purpose of assisting in the enforcement of

			 the immigration laws of the United States in the normal course of carrying out

			 the law enforcement duties of such personnel. This State authority has never

			 been displaced or preempted by a Federal law.

		4.State and local law

			 enforcement provision of information regarding aliens

			(a)Violations of

			 Federal lawA statute,

			 policy, or practice that prohibits a law enforcement officer of a State, or of

			 a political subdivision of a State, from enforcing Federal immigration laws or

			 from assisting or cooperating with Federal immigration law enforcement in the

			 course of carrying out the law enforcement duties of the officer or from

			 providing information to an official of the United States Government regarding

			 the immigration status of an individual who is believed to be illegally present

			 in the United States is in violation of section 642(a) of the Illegal

			 Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a))

			 and section 434 of the Personal Responsibility and Work Opportunity

			 Reconciliation Act of 1996 (8 U.S.C. 1644).

			(b)Provision of

			 information regarding apprehended illegal aliens

				(1)In

			 generalIn compliance with

			 section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility

			 Act of 1996 (8 U.S.C. 1373(a)) and section 434 of the Personal Responsibility

			 and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), States and

			 localities should provide to the Secretary of Homeland Security the information

			 listed in subsection (c) on each alien apprehended or arrested in the

			 jurisdiction of the State or locality who is believed to be in violation of an

			 immigration law of the United States. Such information should be provided

			 regardless of the reason for the apprehension or arrest of the alien.

				(2)Time

			 limitationNot later than 10

			 days after an alien described in paragraph (1) is apprehended, information

			 requested to be provided under paragraph (1) should be provided in such form

			 and in such manner as the Secretary of Homeland Security may, by regulation or

			 guideline, require.

				(c)Information

			 requiredThe information

			 listed in this subsection is as follows:

				(1)The name of the alien.

				(2)The address or place of residence of the

			 alien.

				(3)A physical description of the alien.

				(4)The date, time, and location of the

			 encounter with the alien and reason for stopping, detaining, apprehending, or

			 arresting the alien.

				(5)If applicable, the driver’s license number

			 issued to the alien and the State of issuance of such license.

				(6)If applicable, the type of any other

			 identification document issued to the alien, any designation number contained

			 on the identification document, and the issuing entity for the identification

			 document.

				(7)If applicable, the license plate number,

			 make, and model of any automobile registered to, or driven by, the

			 alien.

				(8)A photo of the alien, if available or

			 readily obtainable.

				(9)The fingerprints of the alien, if available

			 or readily obtainable, including a full set of 10 rolled fingerprints if

			 available or readily obtainable.

				(d)ReimbursementThe Secretary of Homeland Security shall

			 reimburse States and localities for all reasonable costs, as determined by the

			 Secretary of Homeland Security, incurred by that State or locality as a result

			 of providing information required by this section.

			(e)Technical and

			 conforming amendments

				(1)Illegal

			 Immigration Reform and Immigrant Responsibility Act of 1996

					(A)Technical

			 amendmentSection 642 of the

			 Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.

			 1373) is amended—

						(i)in subsections (a), (b)(1), and (c) by

			 striking Immigration and Naturalization Service and inserting

			 Department of Homeland Security; and

						(ii)in the heading by striking

			 Immigration and

			 Naturalization Service and inserting

			 Department of Homeland

			 Security.

						(B)Conforming

			 amendmentSection 1(d) of the

			 Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C

			 of Public Law 104–208; 110 Stat. 3009–546) is amended by striking the item

			 related to section 642 and inserting the following:

								Sec. 642. Communication between government agencies and the

				Department of Homeland

				Security.

							.

					(2)Personal

			 Responsibility and Work Opportunity Reconciliation Act of 1996

					(A)In

			 generalSection 434 of the

			 Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8

			 U.S.C. 1644) is amended—

						(i)by striking Immigration and

			 Naturalization Service and inserting Department of Homeland

			 Security; and

						(ii)in the heading by striking

			 Immigration and

			 Naturalization Service and inserting

			 Department of Homeland

			 Security.

						(B)Conforming

			 amendmentSection 2 of the

			 Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public

			 Law 104–193; 110 Stat. 2105) is amended by striking the item related to section

			 434 and inserting the following:

								Sec. 434. Communication between State and local government

				agencies and the Department of Homeland

				Security.

							.

					(f)Authorization

			 of appropriationsThere is

			 authorized to be appropriated such sums as are necessary to provide the

			 reimbursements required by subsection (d).

			5.Civil and criminal

			 penalties and forfeiture for aliens unlawfully present in the United

			 States

			(a)Aliens

			 unlawfully presentTitle II

			 of the Immigration and Nationality Act

			 (8 U.S.C.

			 1151 et seq.) is amended by adding after section 275 the

			 following:

				275A.Criminal penalties for unlawful presence

		  in the United States(a)In

				generalIn addition to any

				other violation, an alien present in the United States in violation of this Act

				shall be guilty of a misdemeanor and shall be fined under title 18, United

				States Code, imprisoned not more than 1 year, or both. The assets of any alien

				present in the United States in violation of this Act shall be subject to

				forfeiture under title 19, United States Code.

						(b)Affirmative

				defenseIt shall be an

				affirmative defense to a violation of subsection (a) that the alien overstayed

				the time allotted under the alien’s visa due to an exceptional and extremely

				unusual hardship or physical illness that prevented the alien from leaving the

				United States by the required

				date.

						.

			(b)Increase in

			 criminal penalties for illegal entrySection 275(a) of the

			 Immigration and Nationality Act

			 (8 U.S.C.

			 1325(a)) is amended by striking 6 months, and

			 inserting 1 year,.

			6.Listing of immigration

			 violators in the National Crime Information Center database

			(a)Provision of

			 information to the NCIC

				(1)In

			 generalNot later than 180

			 days after the date of enactment of this Act, the Under Secretary for Border

			 and Transportation Security of the Department of Homeland Security shall

			 provide the National Crime Information Center of the Department of Justice with

			 such information as the Director may have related to—

					(A)any alien against whom a final order of

			 removal has been issued;

					(B)any alien who is subject to a voluntary

			 departure agreement;

					(C)any alien who has remained in the United

			 States beyond the alien’s authorized period of stay; and

					(D)any alien whose visa has been

			 revoked.

					(2)Requirement to

			 provide and use informationThe information described in paragraph (1)

			 shall be provided to the National Crime Information Center, and the Center

			 shall enter the information into the Immigration Violators File of the National

			 Crime Information Center database, regardless of whether—

					(A)the alien received notice of a final order

			 of removal;

					(B)the alien has already been removed;

			 or

					(C)sufficient identifying information is

			 available for the alien, such as a physical description of the alien.

					(b)Inclusion of

			 information in the NCIC databaseSection 534(a) of title 28, United States

			 Code, is amended—

				(1)in paragraph (3), by striking

			 and at the end;

				(2)by redesignating paragraph (4) as paragraph

			 (5); and

				(3)by inserting after paragraph (3) the

			 following:

						(4)acquire, collect, classify, and preserve

				records of violations of the immigration laws of the United States, regardless

				of whether the alien has received notice of the violation, sufficient

				identifying information is available for the alien, or the alien has already

				been removed;

				and

						.

				(c)Permission To

			 depart voluntarilySection 240B of the

			 Immigration and Nationality Act

			 (8 U.S.C.

			 1229c) is amended—

				(1)by striking Attorney General

			 each place that term appears and inserting Secretary of Homeland

			 Security; and

				(2)in subsection (a)(2)(A), by striking

			 120 and inserting 30.

				7.Increase of Federal

			 detention space and the utilization of facilities identified for closures as a

			 result of the Defense Base Closure Realignment Act of 1990

			(a)Construction or

			 acquisition of detention facilities

				(1)In

			 generalThe Secretary of

			 Homeland Security shall construct or acquire, in addition to existing

			 facilities for the detention of aliens, 20 detention facilities in the United

			 States that have the capacity to detain a total of not less than 10,000

			 individuals at any time for aliens detained pending removal or a decision on

			 removal of such alien from the United States.

				(2)Determination

			 of locationThe location of

			 any detention facility built or acquired in accordance with this subsection

			 shall be determined by the Deputy Assistant Director of the Office of Detention

			 and Removal Operations within the Bureau of Immigration and Customs

			 Enforcement.

				(3)Use of

			 installations under base closure lawsIn acquiring detention facilities under

			 this subsection, the Secretary of Homeland Security shall, to the maximum

			 extent practical, request the transfer of appropriate portions of military

			 installations approved for closure or realignment under the Defense Base

			 Closure and Realignment Act of 1990 (part A of title XXIX of

			 Public Law

			 101–510;

			 10 U.S.C. 2687

			 note) for use in accordance with paragraph (1).

				(b)Technical and

			 conforming amendmentSection 241(g)(1) of the

			 Immigration and Nationality Act

			 (8 U.S.C.

			 1231(g)(1)) is amended by striking may expend

			 and inserting shall expend.

			(c)Authorization

			 of appropriationsThere are

			 authorized to be appropriated such sums as necessary to carry out this

			 section.

			8.Federal custody of

			 illegal aliens apprehended by State or local law enforcement

			(a)In

			 generalTitle II of the

			 Immigration and Nationality Act

			 (8 U.S.C.

			 1151 et seq.) is amended by adding after section 240C the

			 following:

				240D.Transfer of illegal aliens from State to

		  Federal Custody(a)In

				generalIf the head of a law

				enforcement entity of a State (or, if appropriate, a political subdivision of

				the State) exercising authority with respect to the apprehension or arrest of

				an illegal alien submits a request to the Secretary of Homeland Security that

				the alien be taken into Federal custody, the Secretary of Homeland

				Security—

							(1)shall—

								(A)not later than 72 hours after the

				conclusion of the State charging process or dismissal process, or if no State

				charging or dismissal process is required, not later than 72 hours after the

				illegal alien is apprehended, take the illegal alien into the custody of the

				Federal Government and incarcerate the alien; or

								(B)request that the relevant State or local

				law enforcement agency temporarily detain or transport the illegal alien to a

				location for transfer to Federal custody; and

								(2)shall designate at least one Federal,

				State, or local prison or jail or a private contracted prison or detention

				facility within each State as the central facility for that State to transfer

				custody of criminal or illegal aliens to the Department of Homeland

				Security.

							.

					(b)Reimbursement

						(1)In

				generalThe Department of

				Homeland Security shall reimburse a State or a political subdivision of a State

				for all reasonable expenses, as determined by the Secretary of Homeland

				Security, incurred by the State or political subdivision in the detention and

				transportation of a criminal or illegal alien as described in subparagraphs (A)

				and (B) of subsection (a)(1).

						(2)Cost

				computationCompensation

				provided for costs incurred under subparagraphs (A) and (B) of subsection

				(a)(1) shall be—

							(A)the product of—

								(i)the average cost of incarceration of a

				prisoner in the relevant State, as determined by the chief executive officer of

				a State (or, as appropriate, a political subdivision of the State); multiplied

				by

								(ii)the number of days that the alien was in

				the custody of the State or political subdivision; added to

								(B)the cost of transporting the criminal or

				illegal alien from the point of apprehension or arrest to the location of

				detention, and if the location of detention and of custody transfer are

				different, to the custody transfer point.

							(c)Requirement for

				appropriate securityThe

				Secretary of Homeland Security shall ensure that illegal aliens incarcerated in

				Federal facilities pursuant to this subsection are held in facilities which

				provide an appropriate level of security.

					(d)Requirement for

				schedule

						(1)In

				generalIn carrying out this

				section, the Secretary of Homeland Security shall establish a regular circuit

				and schedule for the prompt transfer of apprehended illegal aliens from the

				custody of States and political subdivisions of States to Federal

				custody.

						(2)Authority for

				contractsThe Secretary of

				Homeland Security may enter into contracts with appropriate State and local law

				enforcement and detention officials to implement this subsection.

						(e)Illegal alien

				definedFor purposes of this

				section, the term illegal alien means an alien who—

						(1)entered the United States without

				inspection or at any time or place other than that designated by the Secretary

				of Homeland Security;

						(2)was admitted as a nonimmigrant and who, at

				the time the alien was taken into custody by the State or a political

				subdivision of the State, had failed to—

							(A)maintain the nonimmigrant status in which

				the alien was admitted or to which it was changed under section 248; or

							(B)comply with the conditions of any such

				status;

							(3)was admitted as an immigrant and has

				subsequently failed to comply with the requirements of that status; or

						(4)failed to depart the United States under a

				voluntary departure agreement or under a final order of

				removal.

						.

			(b)Authorization

			 of appropriations for the detention and transportation to Federal custody of

			 aliens not lawfully presentThere is authorized to be appropriated

			 $500,000,000 for the detention and removal of aliens not lawfully present in

			 the United States under the Immigration and

			 Nationality Act (8 U.S.C. 1101 et seq.) for fiscal

			 year 2006 and each subsequent fiscal year.

			9.Immigration law

			 enforcement training of State and local law enforcement personnel

			(a)Training manual

			 and pocket guide

				(1)EstablishmentNot later than 180 days after the date of

			 enactment of this Act, the Secretary of Homeland Security shall

			 establish—

					(A)a training manual for law enforcement

			 personnel of a State or political subdivision of a State to train such

			 personnel in the investigation, identification, apprehension, arrest,

			 detention, and transfer to Federal custody of aliens in the United States

			 (including the transportation of such aliens across State lines to detention

			 centers and the identification of fraudulent documents); and

					(B)an immigration enforcement pocket guide for

			 law enforcement personnel of a State or political subdivision of a State to

			 provide a quick reference for such personnel in the course of duty.

					(2)AvailabilityThe training manual and pocket guide

			 established in accordance with paragraph (1) shall be made available to all

			 State and local law enforcement personnel.

				(3)ApplicabilityNothing in this subsection shall be

			 construed to require State or local law enforcement personnel to carry the

			 training manual or pocket guide established in accordance with paragraph (1)

			 with them while on duty.

				(4)CostsThe Secretary of Homeland Security shall be

			 responsible for any and all costs incurred in establishing the training manual

			 and pocket guide under this subsection.

				(b)Training

			 flexibility

				(1)In

			 generalThe Secretary of

			 Homeland Security shall make training of State and local law enforcement

			 officers available through as many means as possible, including residential

			 training at the Center for Domestic Preparedness of the Department of Homeland

			 Security, onsite training held at State or local police agencies or facilities,

			 on-line training courses by computer, teleconferencing, and videotape, or the

			 digital video display (DVD) of a training course or courses.

				(2)On-line

			 trainingThe head of the

			 Distributed Learning Program of the Federal Law Enforcement Training Center

			 shall make training available for State and local law enforcement personnel via

			 the Internet through a secure, encrypted distributed learning system that has

			 all its servers based in the United States, is sealable, survivable, and is

			 capable of having a portal in place within 30 days.

				(3)Federal

			 personnel trainingThe

			 training of State and local law enforcement personnel under this section shall

			 not displace the training of Federal personnel.

				(c)ClarificationNothing in this Act or any other provision

			 of law shall be construed as making any immigration-related training a

			 requirement for, or prerequisite to, any State or local law enforcement officer

			 exercising the inherent authority of the officer to investigate, identify,

			 apprehend, arrest, detain, or transfer to Federal custody illegal aliens during

			 the normal course of carrying out the law enforcement duties of the

			 officer.

			(d)Training

			 limitationSection 287(g) of

			 the Immigration and Nationality Act

			 (8 U.S.C.

			 1357(g)) is amended—

				(1)by striking Attorney General

			 each place that term appears and inserting Secretary of Homeland

			 Security; and

				(2)in paragraph (2), by adding at the end the

			 following: Such training shall not exceed 14 days or 80 hours, whichever

			 is longer..

				10.Immunity

			(a)Personal

			 immunityNotwithstanding any

			 other provision of law, a law enforcement officer of a State, or of a political

			 subdivision of a State, shall be immune, to the same extent as a Federal law

			 enforcement officer, from personal liability arising out of the enforcement of

			 any immigration law. The immunity provided in this subsection shall only apply

			 to an officer of a State, or of a political subdivision of a State, who is

			 acting within the scope of such officer’s official duties.

			(b)Agency

			 immunityNotwithstanding any

			 other provision of law, a law enforcement agency of a State, or of a political

			 subdivision of a State, shall be immune from any claim for money damages based

			 on Federal, State, or local civil rights law for an incident arising out of the

			 enforcement of any immigration law, except to the extent that the law

			 enforcement officer of that agency, whose action the claim involves, committed

			 a violation of Federal, State, or local criminal law in the course of enforcing

			 such immigration law.

			11.Places of detention

			 for aliens detained pending examination or decision on removal

			(a)In

			 generalSection 241(g) of

			 the Immigration and Nationality Act

			 (8 U.S.C.

			 1231(g)) is amended by adding at the end the following:

					(3)Policy on

				detention in State and local detention facilitiesIn carrying out paragraph (1), the

				Secretary of Homeland Security shall ensure that an alien arrested under

				section 287(a) is detained, pending the alien being taken for the examination

				described in that section, in a State or local prison, jail, detention center,

				or other comparable facility, if—

						(A)such a facility is the most suitably

				located Federal, State, or local facility available for such purpose under the

				circumstances;

						(B)an appropriate arrangement for such use of

				the facility can be made; and

						(C)such facility satisfies the standards for

				the housing, care, and security of persons held in custody of a United States

				marshal.

						.

			(b)Detention

			 facility suitabilityNotwithstanding any other provision of law,

			 a facility described in

			 section

			 241(g)(3)(C) of the Immigration

			 and Nationality Act, as added by subsection (a), is adequate for

			 detention of persons being held for immigration related violations.

			(c)Technical and

			 conforming amendmentSection 241 of the

			 Immigration and Nationality Act

			 (8 U.S.C.

			 1231) is amended by striking Attorney General

			 each place that term appears and inserting Secretary of Homeland

			 Security.

			12.Institutional Removal

			 Program

			(a)Continuation

				(1)In

			 generalThe Department of

			 Homeland Security shall continue to operate and implement the program known on

			 the date of the enactment of this Act as the Institutional Removal Program

			 which—

					(A)identifies removable criminal aliens in

			 Federal and State correctional facilities;

					(B)ensures such aliens are not released into

			 the community; and

					(C)removes such aliens from the United States

			 after the completion of their sentences.

					(2)ExpansionThe Institutional Removal Program shall be

			 extended to all States. Any State that receives Federal funds for the

			 incarceration of criminal aliens shall—

					(A)cooperate with Federal officials who carry

			 out the Institutional Removal Program;

					(B)expeditiously and systematically identify

			 criminal aliens in its prison and jail populations; and

					(C)promptly convey such information to the

			 Federal officials who carry out the Institutional Removal Program as a

			 condition for receiving such funds.

					(b)Authorization

			 for detention after completion of State or local prison sentenceLaw enforcement officers of a State or

			 political subdivision of a State have the authority to—

				(1)hold an illegal alien for a period of up to

			 14 days after the alien has completed the alien’s State prison sentence in

			 order to effectuate the transfer of the alien to Federal custody when the alien

			 is removable or not lawfully present in the United States; or

				(2)issue a detainer that would allow aliens

			 who have served a State prison sentence to be detained by the State prison

			 until personnel from the Bureau of Immigration and Customs Enforcement can take

			 the alien into custody.

				(c)Technology

			 usageTechnology such as

			 videoconferencing shall be used to the maximum extent possible in order to make

			 the Institutional Removal Program available in remote locations. Mobile access

			 to Federal databases of aliens, such as the IDENT database maintained by the

			 Secretary of Homeland Security, and live scan technology shall be used to the

			 maximum extent practicable in order to make these resources available to State

			 and local law enforcement agencies in remote locations.

			(d)Authorization

			 of appropriationsThere is

			 authorized to be appropriated to carry out the Institutional Removal

			 Program—

				(1)$40,000,000 for fiscal year 2007;

				(2)$50,000,000 for fiscal year 2008;

				(3)$60,000,000 for fiscal year 2009;

				(4)$70,000,000 for fiscal year 2010;

				(5)$80,000,000 for fiscal year 2011;

			 and

				(6)$80,000,000 for each fiscal year after

			 fiscal year 2011.

				13.ConstructionNothing in this Act may be construed to

			 require law enforcement personnel of a State or political subdivision of a

			 State to—

			(1)report the identity of a victim of, or a

			 witness to, a criminal offense to the Secretary of Homeland Security for

			 immigration enforcement purposes;

			(2)arrest such victim or witness for a

			 violation of the immigration laws of the United States; or

			(3)enforce the immigration laws of the United

			 States.

			14.SeverabilityIf any provision of this Act, including any

			 amendment made by this Act, or the application of such provision to any person

			 or circumstance, is held invalid, the remainder of this Act, and the

			 application of such provision to other persons not similarly situated or to

			 other circumstances, shall not be affected by such invalidation.


113 SJ 20 IS: Proposing a balanced budget amendment to the Constitution of the United States.
U.S. Senate
2013-07-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIA
		113th CONGRESS
		1st Session
		S. J. RES. 20
		IN THE SENATE OF THE UNITED STATES

			July 11, 2013
			Mr. Udall of Colorado
			 (for himself, Mr. Manchin,
			 Mr. Begich, Mrs. McCaskill, Ms.
			 Heitkamp, and Mr. Tester)
			 introduced the following joint resolution; which was read twice and referred to
			 the Committee on the
			 Judiciary

		JOINT RESOLUTION
		Proposing a balanced budget amendment to the Constitution
		  of the United States.

		That 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.Total outlays for any fiscal
				year shall not exceed total receipts for that fiscal year, unless three-fifths
				of the whole number of each House of Congress shall provide by law for a
				specific excess of outlays over receipts by a roll call vote.
					2.Prior to each fiscal year, the
				President shall transmit to the Congress a proposed budget for the United
				States Government for that fiscal year in which total outlays do not exceed
				total receipts.
					3.Sections 1 and 2 of this
				Article shall not apply during any fiscal year in which a declaration of war is
				in effect or in which the United States is engaged in military conflict which
				causes an imminent and serious military threat to national security and is so
				declared by a joint resolution, adopted by a majority of the whole number of
				each House, which becomes law.
					4.The Congress shall enforce and
				implement this article by appropriate legislation, which may rely on estimates
				of outlays and receipts.
					5.Except as provided in the
				second clause, total receipts shall include all receipts of the United States
				Government other than those derived from borrowing, and total outlays shall
				include all outlays of the United States Government other than those for
				repayment of debt principal.
						The receipts
				(including attributable interest) and outlays of the Federal Old-Age and
				Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund,
				or any fund that is a successor to either such fund, shall not be considered to
				be receipts or outlays for purposes of this article.
						6.Congress shall not pass any
				bill that provides a net reduction in individual income taxes for those with
				incomes over $1,000,000 (as may be adjusted by Congress to account for
				inflation) if, after enactment, total outlays would exceed total receipts in
				any fiscal year affected by the bill.
					7.No court of the United States
				or of any State shall enforce this article by ordering any reduction in the
				Social Security benefits authorized by law, including any benefits provided
				from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal
				Disability Insurance Trust Fund, or any fund that is a successor to either such
				fund.
					8.This article shall take effect
				beginning with the fifth fiscal year beginning after its
				ratification.
					.


		II

		109th CONGRESS

		2d Session

		S. 2598

		IN THE SENATE OF THE UNITED

		  STATES

			April 7, 2006

			Ms. Stabenow introduced

			 the following bill; which was read twice and referred to the

			 Committee on Veterans'

			 Affairs

		A BILL

		To require the Secretary of Veterans

		  Affairs to establish and operate a community-based outpatient clinic in Alpena,

		  Michigan.

		1.Short titleThis Act may be cited as the

			 Alpena, Michigan, Community Based

			 Outpatient Clinic Act of 2006.

		2.Community based

			 outpatient clinic in Alpena, Michigan

			(a)In

			 generalThe Secretary of

			 Veterans Affairs shall establish and operate a community-based outpatient

			 clinic for veterans at a location selected by the Secretary in Alpena,

			 Michigan.

			(b)DeadlineThe Secretary shall begin the operation of

			 the clinic required by subsection (a) not later than one year after the date of

			 the enactment of this Act.

			(c)Authorization

			 of appropriationsThere is

			 authorized to be appropriated to the Secretary of Veterans Affairs for fiscal

			 year 2007 such sums as may be necessary to carry out this section.