 HR 6198 ENR: Iran Freedom Support Act
U.S. House of Representatives
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text/xml
EN
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I
One Hundred Ninth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and six
H. R. 6198

AN ACT
To hold the current regime in Iran accountable for its threatening behavior and to support a transition to democracy in Iran.

1.Short titleThis Act may be cited as the Iran Freedom Support Act.
2.Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Title I—Codification of sanctions against Iran
Sec. 101. Codification of sanctions.
Title II—Amendments to the Iran and Libya Sanctions Act of 1996 and other provisions related to investment in Iran
Sec. 201. Multilateral regime.
Sec. 202. Imposition of sanctions.
Sec. 203. Termination of sanctions.
Sec. 204. Sunset.
Sec. 205. Technical and conforming amendments.
Title III—Promotion of democracy for Iran
Sec. 301. Declaration of policy.
Sec. 302. Assistance to support democracy for Iran.
Title IV—Policy of the United States to facilitate the nuclear nonproliferation of Iran
Sec. 401. Sense of Congress.
Title V—Prevention of money laundering for weapons of mass destruction
Sec. 501. Prevention of money laundering for weapons of mass destruction.
ICodification of sanctions against Iran
101.Codification of sanctions
(a)Codification of sanctionsExcept as otherwise provided in this section, United States sanctions with respect to Iran imposed pursuant to sections 1 and 3 of Executive Order No. 12957, sections 1(e), (1)(g), and (3) of Executive Order No. 12959, and sections 2, 3, and 5 of Executive Order No. 13059 (relating to exports and certain other transactions with Iran) as in effect on January 1, 2006, shall remain in effect. The President may terminate such sanctions, in whole or in part, if the President notifies Congress at least 15 days in advance of such termination. In the event of exigent circumstances, the President may exercise the authority set forth in the preceding sentence without regard to the notification requirement stated therein, except that such notification shall be provided as early as practicable, but in no event later than three working days after such exercise of authority.
(b)No effect on other sanctions relating to support for acts of international terrorismNothing in this Act shall affect any United States sanction, control, or regulation as in effect on January 1, 2006, relating to a determination under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) that the Government of Iran has repeatedly provided support for acts of international terrorism.
IIAmendments to the Iran and Libya Sanctions Act of 1996 and other provisions related to investment in Iran
201.Multilateral regime
(a)WaiverSection 4(c) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows:

(c)Waiver
(1)In generalThe President may, on a case by case basis, waive for a period of not more than six months the application of section 5(a) with respect to a national of a country, if the President certifies to the appropriate congressional committees at least 30 days before such waiver is to take effect that such waiver is vital to the national security interests of the United States.
(2)Subsequent renewal of waiverIf the President determines that, in accordance with paragraph (1), such a waiver is appropriate, the President may, at the conclusion of the period of a waiver under paragraph (1), renew such waiver for subsequent periods of not more than six months each..
(b)InvestigationsSection 4 of such Act (50 U.S.C. 1701 note) is amended by adding at the end the following new subsection:

(f)Investigations
(1)In generalThe President should initiate an investigation into the possible imposition of sanctions under section 5(a) against a person upon receipt by the United States of credible information indicating that such person is engaged in investment activity in Iran as described in such section.
(2)Determination and notificationNot later than 180 days after an investigation is initiated in accordance with paragraph (1), the President should determine, pursuant to section 5(a), if a person has engaged in investment activity in Iran as described in such section and shall notify the appropriate congressional committees of the basis for any such determination.  .
202.Imposition of sanctions
(a)Sanctions with respect to development of petroleum resourcesSection 5(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended in the heading, by striking to Iran and inserting to the Development of Petroleum Resources of Iran.
(b)Sanctions with respect to development of weapons of mass destruction or other military capabilitiesSection 5(b) of such Act (50 U.S.C. 1701 note) is amended to read as follows:

(b)Mandatory sanctions with respect to development of weapons of mass destruction or other military capabilitiesThe President shall impose two or more of the sanctions described in paragraphs (1) through (6) of section 6 if the President determines that a person has, on or after the date of the enactment of this Act, exported, transferred, or otherwise provided to Iran any goods, services, technology, or other items knowing that the provision of such goods, services, technology, or other items would contribute materially to the ability of Iran to—
(1)acquire or develop chemical, biological, or nuclear weapons or related technologies; or
(2)acquire or develop destabilizing numbers and types of advanced conventional weapons..
(c)Effective DateThe amendments made by this section shall apply with respect to actions taken on or after June 6, 2006.
203.Termination of sanctionsSection 8(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended—
(1)in paragraph (1)(C), by striking and at the end;
(2)in paragraph (2), by striking the period at the end and inserting ; and; and
(3)by adding at the end the following new paragraph:

(3)poses no significant threat to United States national security, interests, or allies..
204.SunsetSection 13 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking on September 29, 2006 and inserting on December 31, 2011.
205.Technical and conforming amendments
(a)FindingsSection 2 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking paragraph (4).
(b)Declaration of policySection 3 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended—
(1)in subsection (a), by striking (a) Policy with respect to Iran.—; and
(2)by striking subsection (b).
(c)Termination of sanctionsSection 8 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended—
(1)in subsection (a), by striking (a) Iran.—; and
(2)by striking subsection (b).
(d)Duration of sanctions; Presidential waiverSection 9(c)(2)(C) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows:

(C)an estimate of the significance of the provision of the items described in section 5(a) or section 5(b) to Iran’s ability to, respectively, develop its petroleum resources or its weapons of mass destruction or other military capabilities; and.
(e)Reports requiredSection 10(b)(1) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking and Libya each place it appears.
(f)DefinitionsSection 14 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended—
(1)in paragraph (9)—
(A)in the matter preceding subparagraph (A), by—
(i)striking , or with the Government of Libya or a nongovernmental entity in Libya,; and
(ii)by striking nongovenmental and inserting nongovernmental; and
(B)in subparagraph (A), by striking or Libya (as the case may be);
(2)by striking paragraph (12); and
(3)by redesignating paragraphs (13), (14), (15), (16), and (17) as paragraphs (12), (13), (14), (15), and (16), respectively.
(g)Short title
(1)In generalSection 1 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking and Libya.
(2)ReferencesAny reference in any other provision of law, regulation, document, or other record of the United States to the Iran and Libya Sanctions Act of 1996 shall be deemed to be a reference to the Iran Sanctions Act of 1996.
IIIPromotion of democracy for Iran
301.Declaration of policy
(a)In generalCongress declares that it should be the policy of the United States—
(1)to support efforts by the people of Iran to exercise self-determination over the form of government of their country; and
(2)to support independent human rights and peaceful pro-democracy forces in Iran.
(b)Rule of constructionNothing in this Act shall be construed as authorizing the use of force against Iran.
302.Assistance to support democracy for Iran
(a)Authorization
(1)In generalNotwithstanding any other provision of law, the President is authorized to provide financial and political assistance (including the award of grants) to foreign and domestic individuals, organizations, and entities working for the purpose of supporting and promoting democracy for Iran. Such assistance may include the award of grants to eligible independent pro-democracy radio and television broadcasting organizations that broadcast into Iran.
(2)Limitation on assistanceIn accordance with the rule of construction described in subsection (b) of section 301, none of the funds authorized under this section shall be used to support the use of force against Iran.
(b)Eligibility for assistanceFinancial and political assistance under this section should be provided only to an individual, organization, or entity that—
(1)officially opposes the use of violence and terrorism and has not been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) at any time during the preceding four years;
(2)advocates the adherence by Iran to nonproliferation regimes for nuclear, chemical, and biological weapons and materiel;
(3)is dedicated to democratic values and supports the adoption of a democratic form of government in Iran;
(4)is dedicated to respect for human rights, including the fundamental equality of women;
(5)works to establish equality of opportunity for people; and
(6)supports freedom of the press, freedom of speech, freedom of association, and freedom of religion.
(c)FundingThe President may provide assistance under this section using—
(1)funds available to the Middle East Partnership Initiative (MEPI), the Broader Middle East and North Africa Initiative, and the Human Rights and Democracy Fund; and
(2)amounts made available pursuant to the authorization of appropriations under subsection (g).
(d)NotificationNot later than 15 days before each obligation of assistance under this section, and in accordance with the procedures under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–l), the President shall notify the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(e)Sense of Congress regarding diplomatic assistanceIt is the sense of Congress that—
(1)support for a transition to democracy in Iran should be expressed by United States representatives and officials in all appropriate international fora;
(2)officials and representatives of the United States should—
(A)strongly and unequivocally support indigenous efforts in Iran calling for free, transparent, and democratic elections; and
(B)draw international attention to violations by the Government of Iran of human rights, freedom of religion, freedom of assembly, and freedom of the press.
(f)DurationThe authority to provide assistance under this section shall expire on December 31, 2011.
(g)Authorization of appropriationsThere is authorized to be appropriated to the Secretary of State such sums as may be necessary to carry out this section.
IVPolicy of the United States to facilitate the nuclear nonproliferation of Iran
401.Sense of Congress
(a)Sense of CongressIt should be the policy of the United States not to bring into force an agreement for cooperation with the government of any country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran unless the President has determined that—
(1)Iran has suspended all enrichment-related and reprocessing-related activity (including uranium conversion and research and development, manufacturing, testing, and assembly relating to enrichment and reprocessing), has committed to verifiably refrain permanently from such activity in the future (except potentially the conversion of uranium exclusively for export to foreign nuclear fuel production facilities pursuant to internationally agreed arrangements and subject to strict international safeguards), and is abiding by that commitment; or
(2)the government of that country—
(A)has, either on its own initiative or pursuant to a binding decision of the United Nations Security Council, suspended all nuclear assistance to Iran and all transfers of advanced conventional weapons and missiles to Iran, pending a decision by Iran to implement measures that would permit the President to make the determination described in paragraph (1); and
(B)is committed to maintaining that suspension until Iran has implemented measures that would permit the President to make such determination.
(b)DefinitionsIn this section:
(1)Agreement for cooperationThe term agreement for cooperation has the meaning given that term in section 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(b)).
(2)Assisting the nuclear program of IranThe term assisting the nuclear program of Iran means the intentional transfer to Iran by a government, or by a person subject to the jurisdiction of a government, with the knowledge and acquiescence of that government, of goods, services, or technology listed on the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) or Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2 and subsequent revisions).
(3)Transferring advanced conventional weapons or missiles to IranThe term transferring advanced conventional weapons or missiles to Iran means the intentional transfer to Iran by a government, or by a person subject to the jurisdiction of a government, with the knowledge and acquiescence of that government, of—
(A)advanced conventional weapons; or
(B)goods, services, or technology listed on the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions.
VPrevention of money laundering for weapons of mass destruction
501.Prevention of money laundering for weapons of mass destructionSection 5318A(c)(2) of title 31, United States Code, is amended—
(1)in subparagraph (A)(i), by striking or both, and inserting or entities involved in the proliferation of weapons of mass destruction or missiles; and
(2)in subparagraph (B)(i), by inserting , including any money laundering activity by organized criminal groups, international terrorists, or entities involved in the proliferation of weapons of mass destruction or missiles before the semicolon at the end.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


IB
Union Calendar No. 341
111th CONGRESS 2d Session
H. R. 5131
[Report No. 111–596]
IN THE HOUSE OF REPRESENTATIVES

April 22, 2010
Mr. Larson of Connecticut introduced the following bill; which was referred to the Committee on Natural Resources

September 16, 2010
Additional sponsors: Ms. DeLauro, Mr. Courtney, Mr. Himes, and Mr. Murphy of Connecticut

September 16, 2010
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on April 22, 2010

A BILL
To establish Coltsville National Historical Park in the State of Connecticut, and for other purposes.

1.Short titleThis Act may be cited as the Coltsville National Historical Park Act.
2.DefinitionsFor the purposes of this Act:
(1)CityThe term city means the city of Hartford, Connecticut.
(2)CommissionThe term Commission means the Coltsville National Historical Park Advisory Commission established by subsection 6(a).
(3)Historic DistrictThe term Historic District means the Coltsville Historic District.
(4)MapThe term map means the map titled Coltsville National Historical Park—Proposed Boundary, numbered T25/102087, and dated May 11, 2010.
(5)ParkThe term park means the Coltsville National Historical Park in the State of Connecticut.
(6)SecretaryThe term Secretary means the Secretary of the Interior.
(7)StateThe term State means the State of Connecticut.
3.Coltsville National Historical Park
(a)Establishment
(1)In generalSubject to paragraph (2), there is established in the State a unit of the National Park System to be known as the Coltsville National Historical Park.
(2)Conditions for establishmentThe park shall not be established until the date on which the Secretary determines that—
(A)the Secretary has acquired by donation sufficient land or an interest in land within the boundary of the park to constitute a manageable unit;
(B)the State, city, or private property owner, as appropriate, has entered into a written agreement with the Secretary to donate at least 10,000 square feet of space in the East Armory which would include facilities for park administration and visitor services;
(C)the Secretary has entered into a written agreement with the State, city, or other public entity, as appropriate, providing that—
(i)land owned by the State, city, or other public entity within the Coltsville Historic District shall be managed consistent with this section; and
(ii)future uses of land within the historic district shall be compatible with the designation of the park and the city’s preservation ordinance; and
(D)the Secretary has reviewed the financial resources of the owners of private and public property within the boundary of the proposed park to ensure the viability of the park based on those resources.
(b)BoundariesThe park shall include and provide appropriate interpretation and viewing of the following sites, as generally depicted on the map:
(1)The East Armory.
(2)The Church of the Good Shepherd.
(3)The Caldwell/Colt Memorial Parish House.
(4)Colt Park.
(5)The Potsdam Cottages.
(6)Armsmear.
(7)The James Colt House.
(c)CollectionsThe Secretary shall enter into a written agreement with the State of Connecticut State Library, Wadsworth Atheneum, and the Colt Trust, or other public entities, as appropriate, to gain appropriate access to Colt-related artifacts for the purposes of having items routinely on display in the East Armory or within the park as determined by the Secretary as a major function of the visitor experience.
4.Administration
(a)In generalThe Secretary shall administer the park in accordance with—
(1)this Act; and
(2)the laws generally applicable to units of the National Park System, including—
(A)the National Park Service Organic Act (16 U.S.C. 1 et seq.); and
(B)the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
(b)State and local jurisdictionNothing in this Act enlarges, diminishes, or modifies any authority of the State, or any political subdivision of the State (including the city)—
(1)to exercise civil and criminal jurisdiction; or
(2)to carry out State laws (including regulations) and rules on non-Federal land located within the boundary of the park.
(c)Cooperative agreements
(1)In generalAs the Secretary determines to be appropriate to carry out this Act, the Secretary may enter into cooperative agreements with the owner of any property within the Coltsville Historic District or any nationally significant properties within the boundary of the park, under which the Secretary may identify, interpret, restore, rehabilitate, and provide technical assistance for the preservation of the properties.
(2)Right of accessA cooperative agreement entered into under paragraph (1) shall provide that the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of—
(A)conducting visitors through the properties; and
(B)interpreting the properties for the public.
(3)Changes or alterationsNo changes or alterations shall be made to any properties covered by a cooperative agreement entered into under paragraph (1) unless the Secretary and the other party to the agreement agree to the changes or alterations.
(4)Conversion, use, or disposalAny payment by the Secretary under this subsection shall be subject to an agreement that the conversion, use, or disposal of a project for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in an amount equal to the greater of—
(A)the amounts made available to the project by the United States; or
(B)the portion of the increased value of the project attributable to the amounts made available under this subsection, as determined at the time of the conversion, use, or disposal.
(5)Matching funds
(A)In generalAs a condition of the receipt of funds under this subsection, the Secretary shall require that any Federal funds made available under a cooperative agreement shall be matched on a 1-to-1 basis by non-Federal funds.
(B)FormWith the approval of the Secretary, the non-Federal share required under subparagraph (A) may be in the form of donated property, goods, or services from a non-Federal source, fairly valued.
(d)Acquisition of landLand or interests in land owned by the State or any political subdivision of the State may be acquired only by donation.
(e)Technical assistance and public interpretationThe Secretary may provide technical assistance and public interpretation of related historic and cultural resources within the boundary of the historic district.
5.Management plan
(a)In generalNot later than 3 fiscal years after the date on which funds are made available to carry out this Act, the Secretary, in consultation with the Commission, shall complete a management plan for the park in accordance with—
(1)section 12(b) of Public Law 91–383 (commonly known as the National Park Service General Authorities Act) (16 U.S.C. 1a–7(b)); and
(2)other applicable laws.
(b)Cost shareThe management plan shall include provisions that identify costs to be shared by the Federal Government, the State, and the city, and other public or private entities or individuals for necessary capital improvements to, and maintenance and operations of, the park.
(c)Submission to CongressOn completion of the management plan, the Secretary shall submit the management plan to—
(1)the Committee on Natural Resources of the House of Representatives; and
(2)the Committee on Energy and Natural Resources of the Senate.
6.Coltsville National Historical Park Advisory Commission
(a)EstablishmentThere is established a Commission to be known as the Coltsville National Historical Park Advisory Commission.
(b)DutyThe Commission shall advise the Secretary in the development and implementation of the management plan.
(c)Membership
(1)CompositionThe Commission shall be composed of 11 members, to be appointed by the Secretary, of whom—
(A)2 members shall be appointed after consideration of recommendations submitted by the Governor of the State;
(B)1 member shall be appointed after consideration of recommendations submitted by the State Senate President;
(C)1 member shall be appointed after consideration of recommendations submitted by the Speaker of the State House of Representatives;
(D)2 members shall be appointed after consideration of recommendations submitted by the Mayor of Hartford, Connecticut;
(E)2 members shall be appointed after consideration of recommendations submitted by Connecticut’s 2 United States Senators;
(F)1 member shall be appointed after consideration of recommendations submitted by Connecticut's First Congressional District Representative;
(G)2 members shall have experience with national parks and historic preservation;
(H)all appointments must have significant experience with and knowledge of the Coltsville Historic District; and
(I)1 member of the Commission must live in the Sheldon/Charter Oak neighborhood within the Coltsville Historic District.
(2)Initial appointmentsThe Secretary shall appoint the initial members of the Commission not later than the earlier of—
(A)the date that is 30 days after the date on which the Secretary has received all of the recommendations for appointments under paragraph (1); or
(B)the date that is 30 days after the park is established.
(d)Term; vacancies
(1)Term
(A)In generalA member shall be appointed for a term of 3 years.
(B)ReappointmentA member may be reappointed for not more than 1 additional term.
(2)VacanciesA vacancy on the Commission shall be filled in the same manner as the original appointment was made.
(e)MeetingsThe Commission shall meet at the call of—
(1)the Chairperson; or
(2)a majority of the members of the Commission.
(f)QuorumA majority of the Commission shall constitute a quorum.
(g)Chairperson and vice chairperson
(1)In generalThe Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission.
(2)Vice chairpersonThe Vice Chairperson shall serve as Chairperson in the absence of the Chairperson.
(3)TermA member may serve as Chairperson or Vice Chairperson for not more than 1 year in each office.
(h)Commission personnel matters
(1)Compensation of members
(A)In generalMembers of the Commission shall serve without compensation.
(B)Travel expensesMembers of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duty of the Commission.
(2)Staff
(A)In generalThe Secretary shall provide the Commission with any staff members and technical assistance that the Secretary, after consultation with the Commission, determines to be appropriate to enable the Commission to carry out the duty of the Commission.
(B)Detail of employeesThe Secretary may accept the services of personnel detailed from the State or any political subdivision of the State.
(i)FACA nonapplicabilitySection 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(j)Termination
(1)In generalUnless extended under paragraph (2), the Commission shall terminate on the date that is 10 years after the date of the enactment of this Act.
(2)ExtensionEight years after the date of the enactment of this Act, the Commission shall make a recommendation to the Secretary if a body of its nature is still necessary to advise on the development of the park. If, based on a recommendation under this paragraph, the Secretary determines that the Commission is still necessary, the Secretary may extend the life of the Commission for not more than 10 years.
7.Authorization of appropriationThere is authorized to be appropriated $10,000,000 for the development of the park.

September 16, 2010
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed


I115th CONGRESS1st SessionH. R. 635IN THE HOUSE OF REPRESENTATIVESJanuary 24, 2017Ms. Schakowsky (for herself, Mr. Deutch, Ms. Norton, Ms. Matsui, Mr. Engel, Ms. Pingree, Mr. Polis, Mr. Ellison, Mr. Takano, Mr. Scott of Virginia, Mr. Pocan, Mr. Sarbanes, Ms. McCollum, Mr. Lewis of Georgia, and Ms. Moore) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Public Health Service Act to establish a public health insurance option, and for other purposes.
1.Short titleThis Act may be cited as the Consumer Health Options and Insurance Competition Enhancement Act or the CHOICE Act. 2.Public health insurance option (a)In generalPart C of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–91) is amended by adding at the end the following:

2795.Public health insurance option
(a)Establishment
(1)In generalFor plan years beginning in 2019, the Secretary shall establish, and provide for the offering through the Exchanges, of a qualified health plan (in this Act referred to as the public health insurance option) that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. (2)Primary responsibilityIn designing the public health insurance option, the primary responsibility of the Secretary shall be to create an affordable health plan without compromising quality or access to care.
(b)Administrating the public health insurance option
(1)Offered through Exchanges
(A)Exclusive to ExchangesThe public health insurance option shall be made available through the Exchanges. (B)Ensuring a level playing fieldConsistent with this section, the public health insurance option shall comply with requirements under title I of the Patient Protection and Affordable Care Act, and the amendments made by that title, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing.
(C)Provision of benefit levelsThe public health insurance option shall offer bronze, silver, and gold plans. (2)Administrative contracting (A)AuthoritiesThe Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. The Secretary shall have the same authority with respect to the public health insurance option as the Secretary has under such subsection (a)(1) and subsection (b) of section 1874A of the Social Security Act with respect to title XVIII of such Act.
(B)Transfer of insurance riskAny contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. (3)Ombudsman (A)EstablishmentThe Secretary shall establish an office of the ombudsman for the public health insurance option.
(B)Duties Such ombudsman shall— (i)have duties with respect to the public health insurance option similar to the duties of the Medicare Beneficiary Ombudsman under section 1808(c)(2) of the Social Security Act; and
(ii)work with States to ensure that information and notice is provided that the public health insurance option is one of the health plans available through an Exchange. (4)State Advisory Council (A)EstablishmentA State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State.
(B)RecommendationsA State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: (i)Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system.
(ii)Mechanisms to facilitate public awareness of the availability of the public health insurance option. (iii)Alternative payment models and value-based insurance design under the public health insurance option that encourage quality improvement and cost control.
(C)MembersThe members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. (D)Applicability of recommendationsThe Secretary may apply the recommendations of a State Advisory Council to the public health insurance option in that State, in any other State, or in all States.
(5)Data collectionThe Secretary shall collect such data as may be required— (A)to establish rates for premiums and health care provider reimbursement under subsection (c); and
(B)for other purposes under this section, including to improve quality, and reduce racial, ethnic, and other disparities, in health and health care. (c)Financing the public health insurance option (1)Premiums (A)EstablishmentThe Secretary shall establish geographically adjusted premium rates for the public health insurance option—
(i)in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and (ii)at a level sufficient to fully finance—
(I)the costs of health benefits provided by the public health insurance option; and (II)administrative costs related to operating the public health insurance option.
(B)Contingency marginIn establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. (C)Variations in premium ratesThe premium rate charged for the public health insurance option may not vary except as provided under section 2701.
(2)Health care provider payment rates for items and services
(A)In general
(i)Rates negotiated by the SecretaryNot later than January 1, 2018, and except as provided in clause (ii), the Secretary shall, through a negotiated agreement with health care providers, establish rates for reimbursing health care providers for providing the benefits covered by the public health insurance option. (ii)Medicare reimbursement ratesIf the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act.
(iii)For new servicesThe Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. (B)Prescription drugsAny payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. If the Secretary is unable to reach a negotiated agreement on such a reimbursement rate, the Secretary shall use rates determined for equivalent drugs paid for under the original medicare fee-for-service program. The Secretary shall modify such rates in order to accommodate payments for drugs that are not otherwise covered under the original medicare fee-for-service program.
(3)Account
(A)EstablishmentThere is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). (B)Prohibition of State imposition of taxesSection 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section.
(C)Start-up funding
(i)Authorization of fundingThere are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. (ii)Amortization of start-up fundingThe Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2019.
(D)Additional authorization of appropriationsTo carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. (d)Health care provider participation (1)Provider participation (A)In generalThe Secretary shall establish conditions of participation for health care providers under the public health insurance option.
(B)Licensure or certificationThe Secretary shall not allow a health care provider to participate in the public health insurance option unless such provider is appropriately licensed or certified under State law. (2)Establishment of a provider network (A)Medicare and Medicaid participating providersA health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary.
(B)Additional providersThe Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.. (b)Conforming amendments (1)Treatment as a qualified health planSection 1301(a)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a)(2)) is amended—
(A)in the paragraph heading, by inserting , the public health insurance option, before and; and (B)by inserting the public health insurance option under section 2795 of the Public Health Service Act, before and a multi-State plan.
(2)Level playing fieldSection 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting the public health insurance option under section 2795 of the Public Health Service Act, before or a multi-State qualified health plan.


		I
		111th CONGRESS
		2d Session
		H. R. 4424
		IN THE HOUSE OF REPRESENTATIVES

			January 12, 2010
			Mr. Sestak introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means, and in addition to the Committee on
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To increase the energy credit for equipment used to
		  generate electricity by geothermal power, to extend the grants for specified
		  energy property, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Enhancing Renewable Energy Investment
			 Act.
		2.Increase of
			 energy credit for equipment used to generate electricity by geothermal
			 power
			(a)In
			 generalClause (i) of section
			 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended—
				(1)in subclause
			 (III), by striking and; and
				(2)by adding at the
			 end the following:

						(V)energy property described in paragraph
				(3)(A)(iii), but only with respect to periods ending before January 1, 2017,
				and
						.
				(b)Effective
			 dateThe amendments made by
			 this section shall apply to property placed in service after the date of the
			 enactment of this Act.
			3.Extension of specified
			 energy property grants in lieu of credit
			(a)In
			 generalSubsection (a) of
			 section 1603 of the American Recovery and Reinvestment Tax Act of 2009 is
			 amended by striking unless such property— and all that follows
			 through the period at the end and inserting the following: unless such
			 property is placed in service before the credit termination date with respect
			 to such property..
			(b)Effective
			 dateThe amendment made by this section shall apply to grants
			 made after the date of the enactment of this Act.
			4.Nonqualified deferred
			 compensation from certain tax indifferent parties
			(a)In
			 generalSubpart B of part II of subchapter E of chapter 1 of the
			 Internal Revenue Code of 1986 is amended by inserting after section 457 the
			 following new section:

					457A.Nonqualified
				deferred compensation from certain tax indifferent parties
						(a)In
				generalAny compensation
				which is deferred under a nonqualified deferred compensation plan of a
				nonqualified entity shall be includible in gross income when there is no
				substantial risk of forfeiture of the rights to such compensation.
						(b)Nonqualified
				entityFor purposes of this section, the term nonqualified
				entity means—
							(1)any foreign corporation unless
				substantially all of its income is—
								(A)effectively
				connected with the conduct of a trade or business in the United States,
				or
								(B)subject to a
				comprehensive foreign income tax, and
								(2)any partnership unless substantially all of
				its income is allocated to persons other than—
								(A)foreign persons
				with respect to whom such income is not subject to a comprehensive foreign
				income tax, and
								(B)organizations
				which are exempt from tax under this title.
								(c)Determinability
				of amounts of compensation
							(1)In
				generalIf the amount of any compensation is not determinable at
				the time that such compensation is otherwise includible in gross income under
				subsection (a)—
								(A)such amount shall
				be so includible in gross income when determinable, and
								(B)the tax imposed
				under this chapter for the taxable year in which such compensation is
				includible in gross income shall be increased by the sum of—
									(i)the amount of
				interest determined under paragraph (2), and
									(ii)an amount equal
				to 20 percent of the amount of such compensation.
									(2)InterestFor purposes of paragraph (1)(B)(i), the
				interest determined under this paragraph for any taxable year is the amount of
				interest at the underpayment rate under section 6621 plus 1 percentage point on
				the underpayments that would have occurred had the deferred compensation been
				includible in gross income for the taxable year in which first deferred or, if
				later, the first taxable year in which such deferred compensation is not
				subject to a substantial risk of forfeiture.
							(d)Other
				definitions and special rulesFor purposes of this
				section—
							(1)Substantial risk
				of forfeiture
								(A)In
				generalThe rights of a person to compensation shall be treated
				as subject to a substantial risk of forfeiture only if such person’s rights to
				such compensation are conditioned upon the future performance of substantial
				services by any individual.
								(B)Exception for
				compensation based on gain recognized on an investment asset
									(i)In
				generalTo the extent provided in regulations prescribed by the
				Secretary, if compensation is determined solely by reference to the amount of
				gain recognized on the disposition of an investment asset, such compensation
				shall be treated as subject to a substantial risk of forfeiture until the date
				of such disposition.
									(ii)Investment
				assetFor purposes of clause (i), the term investment
				asset means any single asset (other than an investment fund or similar
				entity)—
										(I)acquired directly
				by an investment fund or similar entity,
										(II)with respect to
				which such entity does not (nor does any person related to such entity)
				participate in the active management of such asset (or if such asset is an
				interest in an entity, in the active management of the activities of such
				entity), and
										(III)substantially
				all of any gain on the disposition of which (other than such deferred
				compensation) is allocated to investors in such entity.
										(iii)Coordination
				with special ruleParagraph (3)(B) shall not apply to any
				compensation to which clause (i) applies.
									(2)Comprehensive
				foreign income taxThe term comprehensive foreign income
				tax means, with respect to any foreign person, the income tax of a
				foreign country if—
								(A)such person is
				eligible for the benefits of a comprehensive income tax treaty between such
				foreign country and the United States, or
								(B)such person
				demonstrates to the satisfaction of the Secretary that such foreign country has
				a comprehensive income tax.
								(3)Nonqualified
				deferred compensation plan
								(A)In
				generalThe term nonqualified deferred compensation
				plan has the meaning given such term under section 409A(d), except that
				such term shall include any plan that provides a right to compensation based on
				the appreciation in value of a specified number of equity units of the service
				recipient.
								(B)ExceptionCompensation shall not be treated as
				deferred for purposes of this section if the service provider receives payment
				of such compensation not later than 12 months after the end of the taxable year
				of the service recipient during which the right to the payment of such
				compensation is no longer subject to a substantial risk of forfeiture.
								(4)Exception for
				certain compensation with respect to effectively connected incomeIn the case of a foreign corporation with
				income which is taxable under section 882, this section shall not apply to
				compensation which, had such compensation had been paid in cash on the date
				that such compensation ceased to be subject to a substantial risk of
				forfeiture, would have been deductible by such foreign corporation against such
				income.
							(5)Application of
				rulesRules similar to the
				rules of paragraphs (5) and (6) of section 409A(d) shall apply.
							(e)RegulationsThe Secretary shall prescribe such
				regulations as may be necessary or appropriate to carry out the purposes of
				this section, including regulations disregarding a substantial risk of
				forfeiture in cases where necessary to carry out the purposes of this
				section.
						.
			(b)Conforming
			 amendmentSection 26(b)(2) of such Code is amended by striking
			 and at the end of subparagraph (V), by striking the period at
			 the end of subparagraph (W) and inserting , and, and by adding
			 at the end the following new subparagraph:

					(X)section 457A(c)(1)(B) (relating to
				determinability of amounts of
				compensation).
					.
			(c)Clerical
			 amendmentThe table of
			 sections of subpart B of part II of subchapter E of chapter 1 of such Code is
			 amended by inserting after the item relating to section 457 the following new
			 item:

						Sec. 457A. Nonqualified deferred compensation from certain tax
				indifferent
				parties.

					.
			(d)Effective
			 date
				(1)In
			 generalExcept as otherwise provided in this subsection, the
			 amendments made by this section shall apply to amounts deferred which are
			 attributable to services performed after December 31, 2008.
				(2)Application to
			 existing deferralsIn the case of any amount deferred to which
			 the amendments made by this section do not apply solely by reason of the fact
			 that the amount is attributable to services performed before January 1, 2009,
			 to the extent such amount is not includible in gross income in a taxable year
			 beginning before 2018, such amounts shall be includible in gross income in the
			 later of—
					(A)the last taxable
			 year beginning before 2018, or
					(B)the taxable year
			 in which there is no substantial risk of forfeiture of the rights to such
			 compensation (determined in the same manner as determined for purposes of
			 section 457A of the Internal Revenue Code of 1986, as added by this
			 section).
					(3)Accelerated
			 paymentsNo later than 120
			 days after the date of the enactment of this Act, the Secretary shall issue
			 guidance providing a limited period of time during which a nonqualified
			 deferred compensation arrangement attributable to services performed on or
			 before December 31, 2008, may, without violating the requirements of section
			 409A(a) of the Internal Revenue Code of 1986, be amended to conform the date of
			 distribution to the date the amounts are required to be included in
			 income.
				(4)Certain
			 back-to-back arrangementsIf the taxpayer is also a service
			 recipient and maintains one or more nonqualified deferred compensation
			 arrangements for its service providers under which any amount is attributable
			 to services performed on or before December 31, 2008, the guidance issued under
			 paragraph (4) shall permit such arrangements to be amended to conform the dates
			 of distribution under such arrangement to the date amounts are required to be
			 included in the income of such taxpayer under this subsection.
				(5)Accelerated
			 payment not treated as material modificationAny amendment to a
			 nonqualified deferred compensation arrangement made pursuant to paragraph (4)
			 or (5) shall not be treated as a material modification of the arrangement for
			 purposes of section 409A of the Internal Revenue Code of 1986.


116 S1504 IS: Probation Officer Protection Act of 2019
U.S. Senate
2019-05-16
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. 1504IN THE SENATE OF THE UNITED STATESMay 16, 2019Mr. Tillis introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend section 3606 of title 18, United States Code, to grant probation officers authority to
			 arrest hostile third parties who obstruct or impede a probation officer in
 the performance of official duties. 1.Short titleThis Act may be cited as the Probation Officer Protection Act of 2019.2.Authority of probation officers(a)In generalSection 3606 of title 18, United States Code, is amended—(1)in the heading, by striking and return of a probationer and by inserting authority of probation officers;(2)by striking If there and inserting (a) If there; and(3)by adding at the end the following:(b)A probation officer, while in the performance of his or her official duties, may arrest a person without a warrant if there is probable cause to believe that the person has forcibly assaulted, resisted, opposed, impeded, intimidated, or interfered with the probation officer, or a fellow probation officer, in violation of section 111. The arrest authority described in this subsection shall be exercised under such rules and regulations as the Director of the Administrative Office of the United States Courts shall prescribe..(b)Table of sectionsThe table of sections for subchapter A of chapter 229 of title 18, United States Code, is amended by striking the item relating to section 3606 and inserting the following:3606. Arrest authority of probation officers..


109 HR 582 IH: Employee Changing Room Privacy Act
U.S. House of Representatives
2005-02-02
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.

I
109th CONGRESS
1st Session
H. R. 582
IN THE HOUSE OF REPRESENTATIVES

February 2, 2005
Mr. Petri (for himself and Mr. Andrews) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Government Reform, 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 protect employees from invasion of privacy by employers by prohibiting certain video monitoring and audio monitoring of employees by their employers, and for other purposes.

1.Short TitleThis Act may be cited as the Employee Changing Room Privacy Act.
2.Prohibition against video or audio monitoring of employees in certain employment locationsAn employer may not engage in video monitoring or audio monitoring of an employee of the employer when the employee is in a restroom facility, dressing room, or any other area in which it is reasonable to expect employees of the employer to change clothing.
3.Enforcement action by Secretary
(a)In generalAny employer who violates section 2 shall be liable to the United States for a civil money penalty in an amount not to exceed $10,000 for each violation, except that, if the violation is knowing, the penalty for the violation may be up to $25,000.
(b)Written notice and opportunity for hearingThe Secretary of Labor shall assess a civil money penalty under subsection (a) by an order made on the record after opportunity for a hearing provided in accordance with section 554 of title 5, United States Code. In connection with the hearing, the Secretary may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence that relates to the subject matter of the hearing.
(c)Determination of amount of civil money penaltyIn determining the amount of a civil money penalty under subsection (a), the Secretary shall take into account—
(1)the nature, circumstances, extent, and gravity of the violation or violations; and
(2)with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of prior violations, the degree of culpability, and such other matters as justice may require.
(d)Modification of civil money penaltyThe Secretary may compromise, modify, or remit, with or without conditions, any civil money penalty assessed under subsection (a). The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the employer.
(e)Judicial reviewAn employer who requested, in accordance with section 554 of title 5, United States Code, a hearing respecting the assessment of a civil money penalty under this subsection, and who is aggrieved by the order assessing the penalty may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the employer resides or transacts business. Such a petition may only be filed within the 60-day period beginning on the date the order was issued.
(f)Failure to payThe Attorney General may recover, in an action brought in any appropriate district court of the United States, the amount of a civil money penalty assessed under this subsection against an employer who fails to pay the penalty—
(1)after the order making the assessment becomes final, and if such employer does not file a petition for judicial review of the order in accordance with subsection (e); or
(2)after a court in an action brought under subsection (e) has entered a final judgment in favor of the Secretary.
(g)No review of penaltyIn an action brought under subsection (f), the validity, amount, and appropriateness of the civil money penalty shall not be subject to review.
(h)Injunctive reliefThe Secretary may commence, in any court of competent jurisdiction, a civil action for the purpose of obtaining temporary or permanent injunctive relief with respect to preventing a violation of section 2.
4.Civil cause of action by aggrieved employee
(a)In generalAn employee who is aggrieved as a result of a violation of section 2 by the employer of such employee may commence, in any court of competent jurisdiction, a civil action against the employer to obtain appropriate relief, including—
(1)an injunction to enjoin the employer from further engaging in the violation or from committing any further violation, as appropriate;
(2)damages not to exceed $25,000 if the violation is knowing; or
(3)both such remedies.
(b)Commencement of proceedingsAn employee referred to in subsection (a) may not commence proceedings under such subsection against an employer of the employee after the expiration of the 7-year period beginning on the later of the following:
(1)The date on which the employer allegedly engaged in a violation of section 2.
(2)The date on which the employee should have been aware of an alleged violation of section 2 by the employer.
(c)Attorney’s fees and costsIn any civil action referred to in subsection (a), the prevailing party may obtain appropriate relief, including reasonable costs, and attorney’s and expert witness fees.
5.Effect on state laws and collective bargaining agreements
(a)State lawsThis Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of the laws of any State or political subdivision of any State, except to the extent such laws are inconsistent with this Act, and then only to the extent of the inconsistency. A law is not inconsistent with this Act if the law affords greater protection to an employee than the protection provided under this Act.
(b)Collective bargaining agreementsThis Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of any collective bargaining agreements, except to the extent that such agreements are inconsistent with this Act, and then only to the extent of the inconsistency. An agreement is not inconsistent with this Act if the agreement affords greater protection to an employee than the protection provided under this Act.
6.DefinitionsIn this Act:
(1)Audio monitoringThe term audio monitoring means the listening to, collecting, or recording of sounds of an employee by means of audio equipment or other method.
(2)EmployeeThe term employee means any person who is employed by an employer or who was employed by an employer at the time of a violation that was allegedly committed by that employer. Such term includes leased or temporary employees and an employee who is under contract to perform work for an employer.
(3)EmployerThe term employer means any person or entity engaged in commerce or in an industry or activity affecting commerce. Such term includes a public agency.
(4)Public agencyThe term public agency means—
(A)the Government of the United States;
(B)the government of a State or political subdivision thereof;
(C)any agency of the United States (including the United States Postal Service and Postal Rate Commission);
(D)any agency of a State, or a political subdivision of a State; or
(E)any interstate governmental agency.
(5)Video monitoringThe term video monitoring means the videotaping, photographing, filming, or recording by any electronic means of an employee.
(6)SecretaryThe term Secretary means the Secretary of Labor.
(7)StateThe term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.
7.Effective DateThis Act takes effect 60 days after the date of the enactment of this Act.