114 SRES 414 IS: Expressing the sense of the Senate on the actions, including the reapplication of waived nuclear-related sanctions, that the United States should undertake in the event of an Iranian violation of the Joint Comprehensive Plan of Action.
U.S. Senate
2016-04-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		114th CONGRESS
		2d Session
		S. RES. 414
		IN THE SENATE OF THE UNITED STATES

			April 6, 2016
			Mr. Lankford submitted the following resolution; which was referred to the Committee on Foreign Relations

		RESOLUTION
		Expressing the sense of the Senate on the actions, including the reapplication of waived
			 nuclear-related sanctions, that the United States should undertake in the
			 event of an Iranian violation of the Joint Comprehensive Plan of Action.

 Whereas national security is a fundamental and primary responsibility of both Congress and the President;
 Whereas, on July 14, 2015, President Barack Obama reached an agreement with Iran known as the Joint Comprehensive Plan of Action, a political agreement among the United States, France, the Russian Federation, the People's Republic of China, the United Kingdom, and Germany (commonly referred to as the P5+1 countries) and Iran that does not carry the force or effect of United States law;
 Whereas President Obama lifted nuclear-related sanctions imposed by the United States with respect to Iran on January 16, 2016;
 Whereas, on July 14, 2015, President Obama stated, If Iran violates the deal, all of these sanctions will snap back into place.; Whereas Congress intends to work with the President to ensure that the President's commitment to snapping back sanctions in response to any violation by Iran of the Joint Comprehensive Plan of Action is fully enforced;
 Whereas Iran has been the beneficiary of financial assets and international engagement while its commitment to fulfilling its obligations under the Joint Comprehensive Plan of Action has yet to be proven; and
 Whereas, given the historic and dramatic shift in longstanding United States foreign policy represented by the Joint Comprehensive Plan of Action, the obligations and commitments Iran agreed to as part of the Joint Comprehensive Plan of Action must be clarified by the Senate: Now, therefore, be it

		1.Sense of the Senate on Iranian violations of the Joint Comprehensive Plan of Action
 (a)In generalIt is the sense of the Senate— (1)that the United States should take the actions specified in subsection (b) if—
 (A)Iran ever seeks, develops, manufactures, or acquires nuclear weapons; (B)Iran ever engages in plutonium reprocessing or plutonium-related research and development;
 (C)Iran violates— (i)the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968 (21 UST 483) (commonly referred to as the Nuclear Nonproliferation Treaty or the NPT);
 (ii)the Agreement between Iran and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, done at Vienna June 19, 1973 (commonly referred to as the Comprehensive Safeguards Agreement);
 (iii)its commitment to ratify by October 18, 2023, the Additional Protocol to the Comprehensive Safeguards Agreement; or
 (iv)the Iranian-ratified Additional Protocol to the Comprehensive Safeguards Agreement and modified Code 3.1 of the Subsidiary Arrangements to the Comprehensive Safeguards Agreement;
 (D)Iran installs a new natural uranium core or the original core in the Arak reactor; (E)the power of Iran’s redesigned heavy water reactor exceeds 20 MWth;
 (F)Iran produces any amount of weapons grade uranium or plutonium; (G)Iran pursues construction at the existing unfinished Arak heavy water reactor based on its original design;
 (H)Iran produces or tests natural uranium pellets, fuel pins, or fuel assemblies that are specifically designed for the support of the originally designed Arak heavy water reactor, designated by the International Atomic Energy Agency as IR–40;
 (I)Iran does not store all existing natural uranium pellets and IR–40 fuel assemblies under the continuous monitoring of the International Atomic Energy Agency until the modernized Arak reactor becomes operable;
 (J)once the Arak reactor becomes operable, Iran does not take the IR–40 fuel assemblies and natural uranium pellets and convert them to uranyl nitrate or exchange them with an equivalent quantity of natural uranium;
 (K)Iran does not make the necessary technical modifications to the natural uranium fuel production process line that was intended to supply fuel for the IR–40 reactor design, such that it can be used for the fabrication of the fuel reloads for the modernized Arak reactor;
 (L)all spent fuel from the redesigned Arak reactor, regardless of its origin, for the lifetime of the reactor, is not shipped out of Iran;
 (M)Iran operates the Fuel Manufacturing Plant to produce anything other than fuel assemblies for light water reactors or reloads for the modernized Arak reactor;
 (N)Iran does not inform the International Atomic Energy Agency about the inventory and production of the Heavy Water Production Plant or does not allow the International Atomic Energy Agency to monitor the quantities of the heavy water stocks and the amount of heavy water produced, including through visits by the International Atomic Energy Agency, as requested, to the Heavy Water Production Plant;
 (O)Iran does not ship out all spent fuel for all future and present nuclear power and research reactors;
 (P)Iran does not remove and keep stored at Natanz in Hall B of the fuel enrichment plant under continuous monitoring by the International Atomic Energy Agency—
 (i)all excess centrifuge machines, including IR–2m centrifuges (during the 10-year prohibition period under the Joint Comprehensive Plan of Action); and
 (ii)UF6 pipework including sub headers, valves and pressure transducers at cascade level, and frequency inverters, and UF6 withdrawal equipment from one of the withdrawal stations, which is currently not in service, including its vacuum pumps and chemical traps (during the 10-year prohibition period under the Joint Comprehensive Plan of Action);
 (Q)the 164-machine IR–2m cascade does not remain stored at Natanz in Hall B of the fuel enrichment plan under the continuous monitoring of the International Atomic Energy Agency;
 (R)the 164-machine IR–4 cascade does not remain stored at Natanz in Hall B of the fuel enrichment plan under the continuous monitoring of the International Atomic Energy Agency;
 (S)Iran enriches, obtains, or otherwise stockpiles any uranium, including in oxide form, enriched to greater than 3.67 percent;
 (T)all future uranium oxide, scrap oxide, or other material not in fuel plates enriched to between 5 and 20 percent is not transferred out of Iran or diluted to a level of 3.67 percent or less within 6 months of production;
 (U)Iran does not abide by its voluntary commitments as expressed in its own long-term enrichment and enrichment research and development plan submitted as part of the initial declaration described in Article 2 of the Additional Protocol to the Comprehensive Safeguards Agreement;
 (V)Iran engages in production of centrifuges, including centrifuge rotors suitable for isotope separation or any other centrifuge components, which exceeds the enrichment and enrichment research and development requirements outlined in Annex I of the Joint Comprehensive Plan of Action;
 (W)Iran does not permit the International Atomic Energy Agency the use of online enrichment measurement and electronic seals, as well as other International Atomic Energy Agency-approved and certified modern technologies in line with internationally accepted practices of the International Atomic Energy Agency;
 (X)Iran does not facilitate automated collection of International Atomic Energy Agency measurement recordings registered by installed measurement devices and sent to the International Atomic Energy Agency working space at individual nuclear sites;
 (Y)Iran does not make the necessary arrangements to allow for a long-term presence of the International Atomic Energy Agency, including issuing long-term visas, as well as providing proper working space at nuclear sites and, to the best of its effort, at locations near nuclear sites in Iran for the designated International Atomic Energy Agency inspectors for working and keeping necessary equipment;
 (Z)Iran does not increase the number of designated International Atomic Energy Agency inspectors to at least 130 by October 16, 2016, which is the date that is 9 months after implementation day, or does not allow the designation of inspectors from countries that have diplomatic relations with Iran;
 (AA)Iran does not apply nuclear export policies and practices in line with the internationally established standards for the export of nuclear material, equipment, and technology;
 (BB)Iran does not permit the International Atomic Energy Agency access to verify that uranium isotope separation production and research and development activities are consistent with Annex I of the Joint Comprehensive Plan of Action;
 (CC)Iran engages in— (i)designing, developing, acquiring, or using computer models to simulate nuclear explosive devices;
 (ii)designing, developing, fabricating, acquiring, or using multi-point explosive detonation systems suitable for a nuclear explosive device, unless approved by the Joint Commission for non-nuclear purposes and subject to monitoring;
 (iii)designing, developing, fabricating, acquiring, or using explosive diagnostic systems (streak cameras, framing cameras and flash x-ray cameras) suitable for the development of a nuclear explosive device, unless approved by the Joint Commission for non-nuclear purposes and subject to monitoring; or
 (iv)designing, developing, fabricating, acquiring, or using explosively driven neutron sources or specialized materials for explosively driven neutron sources;
 (DD)during the 10-year period beginning on implementation day and ending on January 16, 2026— (i)Iran operates, for the purpose of enriching uranium, more than 5,060 IR–1 centrifuges;
 (ii)Iran’s enrichment capacity exceeds 5,060 IR–1 centrifuge machines in 30 cascades in their current configurations in currently operating units at the Natanz Fuel Enrichment Plant;
 (iii)consistent with Iran’s enrichment research and development plan, Iran’s enrichment research and development with uranium includes any centrifuges other than IR–4, IR–5, IR–6, and IR–8 centrifuges;
 (iv)Iran conducts testing of more than a single IR–4 centrifuge machine and IR–4 centrifuge cascade of up to 10 centrifuge machines;
 (v)Iran tests more than a single IR–5 centrifuge machine;
 (vi)Iran does not recombine the enriched and depleted streams from the IR–6 and IR–8 cascades through the use of welded pipework on withdrawal main headers in a manner that precludes the withdrawal of enriched and depleted uranium materials and verified by the International Atomic Energy Agency;
 (vii)research and development with uranium is not strictly limited to IR–4, IR–5, IR–6, and IR–8 centrifuges;
 (viii)Iran’s uranium isotope separation-related research and development or production activities are not exclusively based on gaseous centrifuge technology;
 (ix)Iran engages in nuclear direct-use or nuclear dual-use procurements of commodities without using the procurement channel mandated by the United Nations under United Nations Security Council Resolution 2231 (2015);
 (x)research and development is carried out in the IR–4, IR–5, IR–6, or IR–8 centrifuges in a manner that accumulates enriched uranium, or Iran installs or tests those centrifuges beyond the enrichment and enrichment research and development requirements outlined in Annex I of the Joint Comprehensive Plan of Action;
 (xi)except as otherwise provided in subparagraph (LL), mechanical testing on up to 2 single centrifuges for each type is carried out on any centrifuge other than the IR–2m, IR–4, IR–5, IR–6, IR–6s, IR–7, or IR–8; or
 (xii)Iran builds or tests any new centrifuge without approval of the Joint Commission; (EE)during the 15-year period beginning on implementation day and ending on January 16, 2031—
 (i)Iran conducts uranium enrichment-related activities at Fordow;
 (ii)Iran’s stockpile of enriched uranium hexafluoride, or the equivalent in other chemical forms, exceeds 300 kg enriched to 3.67 percent;
 (iii)Iran reprocesses spent fuel except for irradiated enriched uranium targets for production of radioisotopes for medical and peaceful industrial purposes;
 (iv)Iran develops, acquires, or builds facilities capable of separation of plutonium, uranium, or neptunium from spent fuel or from fertile targets, other than for production of radioisotopes for medical and peaceful industrial purposes;
 (v)Iran develops, acquires, builds, or operates hot cells (containing a cell or interconnected cells), shielded cells, or shielded glove boxes with dimensions not less than 6 cubic meters in volume compatible with the specifications set out in Annex I of the Additional Protocol to the Comprehensive Safeguards Agreement, unless approved by the Joint Commission established by the Joint Comprehensive Plan of Action;
 (vi)Iran undertakes destructive post irradiation examination of fuel pins, fuel assembly prototypes, and structural materials, unless the P5+1 countries make available their facilities to conduct destructive testing with Iranian specialists, as agreed pursuant to the Joint Comprehensive Plan of Action;
 (vii)Iran engages in producing or acquiring plutonium or uranium metals or their alloys, or conducts research and development on plutonium or uranium (or their alloys) metallurgy, or casting, forming, or machining plutonium or uranium metal;
 (viii)Iran produces, seeks, or acquires separated plutonium, highly enriched uranium, uranium-233, or neptunium-237 (except for use for laboratory standards or in instruments using neptunium-237);
 (ix)Iran installs gas centrifuge machines, or enrichment-related infrastructure, whether suitable for uranium enrichment, research and development, or stable isotope enrichment, at any location other than a location exclusively specified under the Joint Comprehensive Plan of Action;
 (x)Iran conducts all testing of centrifuges with uranium anywhere other than at the Pilot Fuel Enrichment Plant or Iran conducts mechanical testing of centrifuges anywhere other than at the Pilot Fuel Enrichment Plant and the Tehran Research Centre;
 (xi)Iran maintains more than 1044 IR–1 centrifuge machines at one wing of the Fordow Fuel Enrichment Plant;
 (xii)Iran does not limit its stable isotope production activities with gas centrifuges to the Fordow Fuel Enrichment Plant or uses more than 348 IR–1 centrifuges for such activities;
 (xiii)Iran exceeds the limitations on its activities at the Fordow Fuel Enrichment Plant as described in Annex I of the Joint Comprehensive Plan of Action;
 (xiv)Iran does not permit the International Atomic Energy Agency regular access, including daily as requested by the International Atomic Energy Agency, access to the Fordow Fuel Enrichment Plant;
 (xv)Iran builds or has a heavy water reactor; (xvi)Iran does not permit the International Atomic Energy Agency to implement continuous monitoring, including through containment and surveillance measures, as necessary, to verify that stored centrifuges and infrastructure remain in storage;
 (xvii)Iran does not permit the International Atomic Energy Agency regular access, including daily access as requested by the International Atomic Energy Agency, to relevant buildings at Natanz, including parts of the fuel enrichment plan and the Pilot Fuel Enrichment Plant;
 (xviii)any uranium enrichment activity in Iran, including safeguarded research and development, occurs anywhere but the Natanz enrichment site;
 (xix)Iran engages, including through export of any enrichment or enrichment related equipment and technology, with any other country, or with any foreign entity in enrichment or enrichment related activities, including related research and development activities, without approval by the Joint Commission;
 (xx)the Fordow Fuel Enrichment Plant does not remain strictly a research facility, Iran conducts enrichment or research and development-related activities, or Iran holds nuclear material at that Plant;
 (xxi)excess heavy water that is beyond Iran’s needs for the modernized Arak research reactor or the zero power heavy water reactor, quantities needed for medical research and production of the deuterated solutions, and chemical compounds including, where appropriate, contingency stocks, is not made available for export to the international market based on international prices and delivered to an international buyer;
 (xxii)all enriched uranium hexafluoride in excess of 300 kg of up to 3.57 percent enriched UF6 (or the equivalent in different chemical forms) is not immediately down-blended to natural uranium level or sold on the international market and delivered to an international buyer;
 (xxiii)Iran does not rely on only light water for its future nuclear power and research reactors; (xxiv)Iran conducts enrichment research and development in a manner that accumulates enriched uranium; or
 (xxv)Iran enriches uranium to a level exceeding 3.67 percent; (FF)during the 25-year period beginning on implementation day and ending on January 16, 2041—
 (i)Iran does not permit the International Atomic Energy Agency to monitor that all uranium ore concentrate produced in Iran or obtained from any other source is transferred to the uranium conversion facility in Esfahan or to any other future uranium conversion facility that Iran might decide to build in Iran within this period; or
 (ii)Iran does not provide the International Atomic Energy Agency with all necessary information so that the International Atomic Energy Agency will be able to verify the production of the uranium ore concentrate and the inventory of uranium ore concentrate produced in Iran or obtained from any other source;
 (GG)on or after January 16, 2024, which is the date that is 8 years after implementation day, Iran commences manufacturing IR–6 and IR–8 centrifuges with rotors, or commences manufacturing IR–6 and IR–8 centrifuges without rotors at a rate of more than 200 centrifuges per year for each type;
 (HH)on or after January 16, 2026, which is the date that is 10 years after implementation day, Iran commences manufacturing on more than 200 complete centrifuges per year for each type;
 (II)Iran does not present its plan to, and seek approval by, the Joint Commission if Iran seeks to initiate research and development on a uranium metal-based fuel for the Tehran Research Reactor in small agreed quantities after January 16, 2026, and before January 15, 2031, which are 10 and 15 years after implementation day, respectively; or
 (JJ)during the 8½ year period beginning on implementation day and ending on July 16, 2024— (i)Iran conducts testing on more than a single IR–6 centrifuge machine and intermediate cascades for such machines and commences testing on more than 30 centrifuge machines; or
 (ii)Iran conducts testing on more than a single IR–8 centrifuge machine and intermediate cascades for such machines or commences testing on more than 30 centrifuge machines; and
 (2)that— (A)Iran’s uranium enrichment and research and development plans should be made public;
 (B)the reports of the Joint Commission and procurement requests made to the United Nations Security Council and to the Joint Commission, and whether or not such requests were approved, should be made available to the public; and
 (C)countries should verify the end-use of items, materials, equipment, goods, and technologies that require import authorization by the Joint Commission but are not verified by the International Atomic Energy Agency.
 (b)Actions specifiedThe actions specified in this subsection are the following: (1)Seeking immediate reinstitution and application of United Nations Security Council Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), 1929 (2010), and 2224 (2015).
 (2)Seeking the immediate adoption of a United Nations Security Council resolution that directs all United Nations member states to prevent the direct or indirect supply, sale, or transfer to Iran of all items listed in subsection (a)(i) of United Nations Security Council Resolution 1718 (2006) in order to prevent Iran from arming itself while its commitment to international law is still in question.
 (3)Working with international partners of the United States to seek the immediate reapplication of the regulations of the Council of the European Union concerning restrictive measures against Iran, as in effect on October 17, 2015.
 (4)The immediate reapplication of the nuclear-related sanctions waived by the United States. (5)Seeking the imposition of additional punitive sanctions with respect to Iran.
 (c)DefinitionsIn this section: (1)Highly enriched uraniumThe term highly enriched uranium means uranium with a 20 percent or higher concentration of the isotope uranium-235.
 (2)Implementation dayThe term implementation day means January 16, 2016. (3)Joint comprehensive plan of actionThe term Joint Comprehensive Plan of Action means the Joint Comprehensive Plan of Action, agreed to at Vienna on July 14, 2015, by Iran and by the People’s Republic of China, France, Germany, the Russian Federation, the United Kingdom, and the United States, with the High Representative of the European Union for Foreign Affairs and Security Policy, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action.
 (4)P5+1 countriesThe term P5+1 countries means the United States, France, the Russian Federation, the People's Republic of China, the United Kingdom, and Germany.
 (5)Spent fuelThe term spent fuel includes all types of irradiated fuel.


		I
		112th CONGRESS
		2d Session
		H. R. 6529
		IN THE HOUSE OF REPRESENTATIVES

			September 21, 2012
			Ms. Zoe Lofgren of
			 California introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary, and in addition to the
			 Select Committee on Intelligence (Permanent
			 Select), for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To amend title 18, United States Code, with respect to
		  disclosures to governments by communications-related service providers of
		  certain information consisting of or relating to communications, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 ECPA 2.0 Act of
			 2012.
		2.Warrant required
			 for contents of communications
			(a)Compelled
			 disclosure of communication contents
				(1)In
			 generalSection 2703 of title 18, United States Code, is
			 amended—
					(A)in subsection
			 (a)—
						(i)by
			 striking in Electronic
			 Storage in the subsection header;
						(ii)by
			 inserting or remote computing service in the first sentence
			 after electronic communication service;
						(iii)by
			 striking that is in electronic storage in an electronic communications
			 system for one hundred and eighty days or less, and inserting
			 that is stored, held, or maintained by that service,; and
						(iv)by
			 striking the final sentence and inserting Within three days after a
			 governmental entity receives such contents from a service provider pursuant to
			 this subsection, the governmental entity shall serve upon, or deliver by
			 registered or first-class mail, or other means reasonably calculated to be
			 effective as specified by the court issuing the warrant to the subscriber,
			 customer, or user a copy of the warrant and a notice that includes the
			 information referenced in section 2705(a)(4)(A) and (B)(i), except that delayed
			 notice may be provided pursuant to section 2705 of this title.;
			 and
						(B)by striking
			 subsection (b).
					(2)Conforming
			 amendmentSection 2703(d) of title 18, United States Code, is
			 amended by striking (b) or.
				(b)Voluntary
			 disclosure of communication contents
				(1)In
			 generalSection 2702(a)(3) of title 18, United States Code, is
			 amended—
					(A)by inserting
			 to any governmental entity the contents of communication covered by
			 subsection (a) of section 2703 or any after
			 divulge;
					(B)by inserting
			 or user after customer; and
					(C)by striking
			 (not including the contents of communications covered by paragraph (1)
			 or (2)).
					(2)Conforming
			 amendmentsSection 2705 of title 18, United States Code, is
			 amended—
					(A)in subsection
			 (a)(1)—
						(i)in
			 the subsection heading, by striking 2703(b) and inserting
			 2703(a);
						(ii)in
			 subparagraph (A), by striking court order each place it appears
			 and inserting warrant;
						(iii)in
			 subparagraph (A), by striking 2703(b) and inserting
			 2703(a); and
						(iv)by
			 striking subparagraph (B);
						(B)by striking
			 subsection (a)(3);
					(C)in subsection
			 (a)(4), by striking or by certification by a governmental entity, but
			 only in accordance with subsection (b) of this section.;
					(D)in subsection
			 (a)(5)—
						(i)by
			 inserting after first-class mail, the following: or other
			 means reasonably calculated to be effective as specified by the court issuing
			 the warrant;
						(ii)by
			 striking the process or request and replacing it with
			 warrant; and
						(iii)in
			 subsection (5)(A)(iii), by striking governmental entity or and
			 certification or;
						(E)by striking
			 subsection (a)(6); and
					(F)in subsection
			 (b)—
						(i)by
			 striking when it is not required to notify the subscriber or customer
			 under section 2703(b)(1), or; and
						(ii)by
			 striking subpoena or court order each place it appears.
						3.Geolocation
			 information protection
			(a)Protection of
			 geolocation information
				(1)In
			 generalPart 1 of title 18,
			 United States Code, is amended by inserting after chapter 119 the
			 following:

						120Geolocation
				information

								Sec.
								2601. Definitions.
								2602. Interception and disclosure of geolocation
				  information.
								2603. Prohibition of use as evidence of acquired geolocation
				  information.
								2604. Emergency situation exception.
								2605. Recovery of civil damages authorized.

							2601.DefinitionsIn this chapter:
								(1)Electronic
				communication serviceThe term electronic communication
				service has the meaning given that term in section 2510.
								(2)Electronic
				surveillanceThe term electronic surveillance has
				the meaning given that term in section 101 of the Foreign Intelligence
				Surveillance Act of 1978 (50 U.S.C. 1801).
								(3)Geolocation
				informationThe term
				geolocation information means, with respect to an individual, any
				information that is not the content of a communication, concerning the location
				of a wireless communication device or tracking device (as that term is defined
				section 3117) that, in whole or in part, is generated by or derived from the
				operation of that device and that could be used to determine or infer
				information regarding the present, prospective, or historical location of the
				individual.
								(4)Geolocation
				information serviceThe term geolocation information
				service means the provision of a global positioning service or other
				mapping, locational, or directional information service to the public, or to
				such class of users as to be effectively available to the public, by or through
				the operation of any wireless communication device.
								(5)Governmental
				entityThe term governmental entity means any
				employee or agent of the United States, or any State or political subdivision
				thereof.
								(6)InterceptThe
				term intercept means the acquisition of geolocation information
				through the use of any electronic, mechanical, or other device.
								(7)Investigative or
				law enforcement officerThe term investigative or law
				enforcement officer means any officer of the United States or of a State
				or political subdivision thereof, who is empowered by law to conduct
				investigations of, or to make arrests for, offenses enumerated in this chapter,
				and any attorney authorized by law to prosecute or participate in the
				prosecution of such offenses.
								(8)Remote computing
				serviceThe term remote
				computing service has the meaning given that term in section
				2711.
								(9)StateThe
				term State means any State of the United States, the District of
				Columbia, the Commonwealth of Puerto Rico, and any territory or possession of
				the United States.
								(10)Wireless
				communication deviceThe term wireless communication
				device means any device that enables access to, or use of, an electronic
				communication system or service, remote computing service, or geolocation
				information service, if that device utilizes a radio or other wireless
				connection to access such system or service, including any mobile telephone,
				global positioning system receiving device, mobile computer, or other similar
				or successor device.
								(11)Covered
				serviceThe term
				covered services means electronic communication service, remote
				computing service, or of geolocation information service.
								2602.Interception
				and disclosure of geolocation information
								(a)In
				generalExcept as otherwise specifically provided in this
				chapter, it shall be unlawful for any governmental entity to—
									(1)intentionally
				intercept, endeavor to intercept, or procure any other person to intercept or
				endeavor to intercept, geolocation information pertaining to an
				individual;
									(2)intentionally
				disclose, or endeavor to disclose, to any person geolocation information
				pertaining to an individual, knowing or having reason to know that the
				information was obtained through the interception of such information in
				violation of this subsection;
									(3)intentionally use,
				or endeavor to use, any geolocation information, knowing or having reason to
				know that the information was obtained through the interception of such
				information in violation of this subsection; or
									(4)(A)intentionally disclose,
				or endeavor to disclose, to any person the geolocation information pertaining
				to an individual intercepted by means authorized by subsections (b) through
				(f), except as provided in such subsections;
										(B)knowing or having reason to know that
				the information was obtained through the interception of such information in
				connection with a criminal investigation;
										(C)having obtained or received the
				information in connection with a criminal investigation; and
										(D)with intent to improperly obstruct,
				impede, or interfere with a duly authorized criminal investigation.
										(b)Exception for
				conducting foreign intelligence surveillanceNotwithstanding any other provision of this
				chapter, it shall not be unlawful for an officer, employee, or agent of the
				United States in the normal course of the official duty of the officer,
				employee, or agent to conduct electronic surveillance, as authorized by the
				Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
								(c)Exception for
				consent
									(1)In
				generalIt shall not be unlawful under this chapter to intercept
				geolocation information pertaining to an individual if such individual has
				given prior consent to such interception unless such information is intercepted
				for the purpose of committing any criminal or tortious act in violation of the
				Constitution or laws of the United States or of any State.
									(2)ChildrenThe
				exception in paragraph (1) permits a parent or legal guardian of a child to
				give consent to intercept geolocation information.
									(d)Exception for
				public informationIt shall not be unlawful under this chapter to
				intercept or access geolocation information relating to an individual through
				any system that is configured so that such information is readily accessible to
				the general public.
								(e)Exception for
				emergency informationIt shall not be unlawful under this chapter
				for any investigative or law enforcement officer or other emergency responder
				to intercept or access geolocation information relating to an individual if
				such information is used—
									(1)to respond to a
				request made by such individual for assistance; or
									(2)in circumstances
				in which it is reasonable to believe that the life or safety of the individual
				is threatened, to assist the individual.
									(f)Exception for
				warrant
									(1)DefinitionsIn
				this subsection:
										(A)Court of
				competent jurisdictionThe term court of competent
				jurisdiction includes—
											(i)any district court
				of the United States (including a magistrate judge of such a court) or any
				United States court of appeals that—
												(I)has jurisdiction
				over the offense being investigated;
												(II)is in or for a
				district in which the provider of a geolocation information service is located
				or in which the geolocation information is stored; or
												(III)is acting on a
				request for foreign assistance pursuant to section 3512 of this title;
				or
												(ii)a
				court of general criminal jurisdiction of a State authorized by the law of that
				State to issue search warrants.
											(B)Governmental
				entityThe term governmental entity means a
				department or agency of the United States or any State or political subdivision
				thereof.
										(2)WarrantA governmental entity may intercept
				geolocation information or require the disclosure by a provider of covered
				services of geolocation information only pursuant to a warrant issued using the
				procedures described in the Federal Rules of Criminal Procedure (or, in the
				case of a State court, issued using State warrant procedures) by a court of
				competent jurisdiction, or as otherwise provided in this chapter or the Foreign
				Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
									(g)Prohibition on
				divulging geolocation information
									(1)In
				generalExcept as provided in
				paragraph (2), a person providing covered services shall not intentionally
				divulge to any governmental entity geolocation information pertaining to an
				individual.
									(2)ExceptionsA person providing covered services may
				divulge geolocation information—
										(A)as otherwise
				authorized in subsections (b) through (f);
										(B)with the lawful
				consent of such individual;
										(C)as permitted under section 222(d)(4) of the
				Communications Act of 1934 (47 U.S.C. 222(d)(4)); or
										(D)which was
				inadvertently obtained by the service provider and which appears to pertain to
				the commission of a crime, if such divulgence is made to a law enforcement
				agency.
										2603.Prohibition of
				use as evidence of acquired geolocation informationIf any geolocation information has been
				intercepted, used, or disclosed in violation of this chapter, no part of such
				information and no evidence derived therefrom may be received in evidence in
				any trial, hearing, or other proceeding in or before any court, grand jury,
				department, officer, agency, regulatory body, legislative committee, or other
				authority of the United States, a State, or a political subdivision thereof,
				except in a civil action to obtain relief for a violation of this
				chapter.
							2604.Emergency
				situation exception
								(a)Emergency
				situation exceptionNotwithstanding any other provision of this
				chapter, any investigative or law enforcement officer, specially designated by
				the Attorney General, the Deputy Attorney General, the Associate Attorney
				General, or by the principal prosecuting attorney of any State or subdivision
				thereof acting pursuant to a statute of that State, may intercept geolocation
				information if—
									(1)such officer
				reasonably determines that an emergency situation exists that—
										(A)involves—
											(i)immediate danger
				of death or serious physical injury to any individual;
											(ii)conspiratorial
				activities threatening the national security interest; or
											(iii)conspiratorial
				activities characteristic of organized crime; and
											(B)requires
				geolocation information be intercepted before an order authorizing such
				interception can, with due diligence, be obtained;
										(2)there are grounds
				upon which an order could be entered to authorize such interception; and
									(3)an application for
				an order approving such interception is made within 48 hours after the
				interception has occurred or begins to occur.
									(b)Failure To
				obtain court order
									(1)Termination of
				acquisitionIn the absence of an order, an interception of
				geolocation information carried out under subsection (a) shall immediately
				terminate when the information sought is obtained or when the application for
				the order is denied, whichever is earlier.
									(2)Prohibition on
				use as evidenceIn the event such application for approval is
				denied, the geolocation information shall be treated as having been obtained in
				violation of this chapter and an inventory shall be served on each individual
				who is reasonably able to be contacted and to whom any such geolocation
				information pertains.
									2605.Recovery of
				civil damages authorized
								(a)In
				generalAny individual whose
				geolocation information is intercepted, disclosed, or intentionally used in
				violation of this chapter may in a civil action recover from the person, other
				than the United States, which engaged in that violation such relief as may be
				appropriate.
								(b)ReliefIn an action under this section,
				appropriate relief includes—
									(1)such preliminary
				and other equitable or declaratory relief as may be appropriate;
									(2)damages under
				subsection (c) and punitive damages in appropriate cases; and
									(3)a reasonable
				attorney's fee and other litigation costs reasonably incurred.
									(c)Computation of
				damagesThe court may assess
				as damages under this section whichever is the greater of—
									(1)the sum of the
				actual damages suffered by the plaintiff and any profits made by the violator
				as a result of the violation; or
									(2)statutory damages
				of whichever is the greater of $100 a day for each day of violation or
				$10,000.
									(d)DefenseIt is a defense against any civil action to
				obtain relief for a violation of this chapter that the defendant acted in a
				good faith reliance on—
									(1)a court warrant or
				order, a grand jury subpoena, a legislative authorization, or a statutory
				authorization;
									(2)a request of an
				investigative or law enforcement officer under section 2604; or
									(3)a good-faith
				determination that an exception under section 2602 permitted the conduct
				complained of.
									(e)LimitationA
				civil action under this section may not be commenced later than two years after
				the date upon which the claimant first has a reasonable opportunity to discover
				the violation.
								(f)Administrative
				disciplineIf a court or appropriate department or agency
				determines that the United States or any of its departments or agencies has
				violated any provision of this chapter, and the court or appropriate department
				or agency finds that the circumstances surrounding the violation raise serious
				questions about whether or not an officer or employee of the United States
				acted willfully or intentionally with respect to the violation, the department
				or agency shall, upon receipt of a true and correct copy of the decision and
				findings of the court or appropriate department or agency promptly initiate a
				proceeding to determine whether disciplinary action against the officer or
				employee is warranted. If the head of the department or agency involved
				determines that disciplinary action is not warranted, such head shall notify
				the Inspector General with jurisdiction over the department or agency concerned
				and shall provide the Inspector General with the reasons for such
				determination.
								(g)Improper
				disclosure is violationAny willful disclosure or use by an
				investigative or law enforcement officer or governmental entity of information
				beyond the extent permitted by this chapter is a violation of this chapter for
				purposes of this
				section.
								.
				(2)Clerical
			 amendmentThe table of chapters for part 1 of title 18, United
			 States Code, is amended by inserting after the item relating to chapter 119 the
			 following:

							120.
				  Geolocation
				  information2601

						.
				(3)Conforming
			 amendmentsSection 3512(a) of title 18, United States Code, is
			 amended—
					(A)in paragraph
			 (2)—
						(i)by
			 redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and
			 (E), respectively; and
						(ii)by
			 inserting after subparagraph (A) the following:

								(B)a warrant or order
				for geolocation information or records related thereto, as provided under
				section 2602 of this
				title;
								.
						(b)Requirement for
			 search warrants To acquire geolocation informationRule 41(a) of
			 the Federal Rules of Criminal Procedure is amended—
				(1)in paragraph
			 (2)(A), by striking the period at the end and inserting a comma and
			 including geolocation information.; and
				(2)by adding at the
			 end the following:

						(F)Geolocation
				information has the meaning given that term in section 2601 of title 18,
				United States
				Code.
						.
				(c)Fraud and
			 related activity in connection with obtaining geolocation information
				(1)Criminal
			 violationSection 1039(h) of
			 title 18, United States Code, is amended—
					(A)in paragraph
			 (2)—
						(i)in
			 subparagraph (A), by striking and at the end;
						(ii)in
			 subparagraph (B), by striking the period at the end and inserting a semicolon
			 and and; and
						(iii)by
			 adding at the end the following new subparagraph:

								(C)includes any
				geolocation information
				service.
								;
						(B)by redesignating
			 paragraph (4) as paragraph (5); and
					(C)by inserting after
			 paragraph (3) the following:

							(4)Geolocation
				information serviceThe term geolocation information
				service has the meaning given that term in section
				2601.
							.
					(2)Conforming
			 amendments
					(A)Definition
			 amendmentsSection 1039(h)(1) of title 18, United States Code, is
			 amended—
						(i)in
			 the paragraph heading, by inserting or GPS after phone; and
						(ii)in
			 the matter preceding subparagraph (A), by inserting or GPS after
			 phone.
						(B)Conforming
			 amendmentsSection 1039 of title 18, United States Code, is
			 amended—
						(i)in
			 the section heading by inserting or GPS after phone;
						(ii)in
			 subsection (a)—
							(I)in the matter
			 preceding paragraph (1), by inserting or GPS after
			 phone; and
							(II)in paragraph (4),
			 by inserting or GPS after phone;
							(iii)in
			 subsection (b)—
							(I)in the subsection
			 heading, by inserting or
			 GPS after Phone;
							(II)in paragraph (1),
			 by inserting or GPS after phone both places that
			 term appears; and
							(III)in paragraph
			 (2), by inserting or GPS after phone; and
							(iv)in
			 subsection (c)—
							(I)in the subsection
			 heading, by inserting or
			 GPS after Phone;
							(II)in paragraph (1),
			 by inserting or GPS after phone both places that
			 term appears; and
							(III)in paragraph
			 (2), by inserting or GPS after phone.
							(C)Clerical
			 AmendmentThe table of
			 sections for chapter 47 of title 18, United States Code, is amended by striking
			 the item relating to section 1039 and inserting the following:

								1039. Fraud and related activity in
				connection with obtaining confidential phone or GPS records information of a
				covered
				entity.

							.
					(3)Sentencing
			 guidelines
					(A)Review and
			 AmendmentNot later than 180 days after the date of enactment of
			 this Act, the United States Sentencing Commission, pursuant to its authority
			 under section 994 of title 28, United States Code, and in accordance with this
			 subsection, shall review and, if appropriate, amend the Federal sentencing
			 guidelines and policy statements applicable to persons convicted of any offense
			 under section 1039 of title 18, United States Code, as amended by this
			 subsection.
					(B)AuthorizationThe
			 United States Sentencing Commission may amend the Federal sentencing guidelines
			 in accordance with the procedures set forth in section 21(a) of the Sentencing
			 Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had
			 not expired.
					(d)Statement of
			 exclusive means of acquiring geolocation information
				(1)In
			 generalNo person may acquire
			 the geolocation information of a person for protective activities or law
			 enforcement or intelligence purposes except pursuant to a warrant issued
			 pursuant to rule 41 of the Federal Rules of Criminal Procedure, as amended by
			 subsection (b), or the amendments made by this section, or the Foreign
			 Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
				(2)Geolocation
			 information definedIn this subsection, the term
			 geolocation information has the meaning given that term in section
			 2601 of title 18, United States Code, as amended by subsection (a).
				4.Strengthened
			 requirements for orders for trap and trace devices
			(a)Section 3122(b) of
			 title 18, United States Code, is amended by striking paragraph (2) and
			 inserting a statement of facts relied upon by the applicant to justify
			 issuance of an order.
			(b)Section 3123(a)(1)
			 of title 18, United States Code, is amended—
				(1)by striking
			 shall and inserting may;
				(2)by striking
			 the attorney for the government has certified to the court and
			 inserting the application establishes specific and articulable facts
			 showing reasonable grounds to believe that; and
				(3)by inserting
			 and material after relevant.
				5.Prohibitions of
			 bulk subpoenasSection
			 2703(c)(2) of title 18, United States Code, is amended by striking of a
			 subscriber to or customer and all that follows and inserting of
			 a subscriber to or customer or user of such a service when the governmental
			 entity uses any means available under paragraph (1) or uses an administrative
			 subpoena authorized by a Federal or State statute or a Federal or State grand
			 jury or trial subpoena specifying the particular subscriber, customer, or user
			 whose information is sought by name, address, telephone or instrument number,
			 subscriber number or identifier, including any temporarily assigned network
			 address, credit card or bank account number, or any other information that
			 uniquely identifies the particular subscriber, customer, or
			 user..


		II
		110th CONGRESS
		2d Session
		S. 3599
		IN THE SENATE OF THE UNITED
		  STATES

			September 25
			 (legislative day, September 17), 2008
			Mr. Kyl introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 18, United States Code, to
		  add crimes committed in Indian country or exclusive Federal jurisdiction as
		  racketeering predicates.

		1.Crimes committed in Indian country or
			 exclusive Federal jurisdiction as racketeering predicatesSection 1961(1)(A) of title 18, United
			 States Code, is amended by inserting , or would have been so chargeable
			 if the act or threat (other than gambling conducted pursuant to Federal law)
			 had not been committed in Indian country (as defined in section 1151) or in any
			 other area of exclusive Federal jurisdiction, after chargeable
			 under State law.


114 HR 3423 IH: Agent Orange Extension Act of 2015
U.S. House of Representatives
2015-07-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 3423
		IN THE HOUSE OF REPRESENTATIVES

			July 29, 2015
			Mr. Walz (for himself, Mr. Jones, Mr. Gibson, Miss Rice of New York, Mr. Nolan, and Mr. Takano) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

		A BILL
		To amend title 38, United States Code, and the Agent Orange Act of 1991 to extend the certain
			 authorities of the Secretary of Veterans Affairs regarding associations
			 between diseases and exposure to dioxin and other chemical compounds in
			 herbicides.

 1.Short titleThis Act may be cited as the Agent Orange Extension Act of 2015. 2.Extension of certain authorities of Secretary of Veterans Affairs regarding associations between diseases and exposure to dioxin and other chemical compounds in herbicides (a)Use of information To provide for presumption of service connectionSection 1116(e) of title 38, United States Code, is amended by striking September 30, 2015 and inserting September 30, 2017.
 (b)Agreement with National Academy of SciencesSection 3(i) of the Agent Orange Act of 1991 (Public Law 102–4; 38 U.S.C. 1116 note) is amended by striking December 31, 2015 and inserting December 31, 2017.


114 HR 989 IH: Capital Access for Small Businesses and Jobs Act
U.S. House of Representatives
2015-02-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 989
		IN THE HOUSE OF REPRESENTATIVES

			February 13, 2015
			Mr. King of New York (for himself, Mr. Sherman, Mr. Hanna, Mr. Blumenauer, Mr. Heck of Washington, Mr. Israel, Mr. Jones, Mrs. Napolitano, Ms. Pingree, Ms. Norton, Mr. Collins of New York, Mr. Posey, Mr. Schiff, Mr. Takano, Mr. Huffman, and Mr. Meeks) introduced the following bill; which was referred to the Committee on Financial Services

		A BILL
		To clarify the National Credit Union Administration authority to improve credit union safety and
			 soundness.

 1.Short titleThis Act may be cited as the Capital Access for Small Businesses and Jobs Act. 2.Improving credit union safety and soundnessThe Federal Credit Union Act (12 U.S.C. 1751 et seq.) is amended—
 (1)in section 107— (A)in paragraph (16), by striking and at the end;
 (B)in paragraph (17), by striking the period and inserting ; and; and (C)by adding at the end the following:

 (18)to receive payments on uninsured non-share accounts described under section 216(o)(2)(D), subject to such terms, rates, and conditions as may be established by the board of directors, within limitations prescribed by the Board.; and
 (2)in section 216— (A)in subsection (b)(1)(B)(ii), by striking must rely and inserting rely predominantly; and
 (B)in subsection (o)(2)— (i)in subparagraph (B), by striking and at the end;
 (ii)in subparagraph (C)(ii), by striking the period and inserting ; and; and (iii)by adding at the end the following:

 (D)with respect to any insured credit union other than a low-income credit union, includes uninsured non-share accounts as authorized by the Board, that—
 (i)do not alter the cooperative nature of the credit union; (ii)are subordinate to all other claims against the credit union, including the claims of creditors, shareholders, and the Fund;
 (iii)are available to be applied to cover operating losses of the credit union in excess of its retained earnings and, to the extent so applied, will not be replenished;
 (iv)if they have a stated maturity, have an initial maturity of at least 5 years; (v)if they have a stated maturity, the net worth value of such accounts may be discounted at the discretion of the Board when the remaining maturity is less than 5 years;
 (vi)are subject to disclosure and consumer protection requirements as determined by the Board; (vii)are offered by a credit union that is determined by the Board to be sufficiently capitalized and well-managed; and
 (viii)are subject to such rules and regulations as the Board may establish..


115 HCON 26 IH: To express the sense of Congress that the first launch of the Space Launch System should be named for Captain Eugene Andrew “Gene” Cernan.
U.S. House of Representatives
2017-02-15
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.

IV115th CONGRESS1st SessionH. CON. RES. 26IN THE HOUSE OF REPRESENTATIVESFebruary 15, 2017Mr. Aderholt (for himself, Mr. Culberson, and Mr. Smith of Texas) submitted the following concurrent resolution; which was referred to the Committee on Science, Space, and TechnologyCONCURRENT RESOLUTIONTo express the sense of Congress that the first launch of the Space Launch System should be named
			 for Captain Eugene Andrew Gene Cernan.

 Whereas the last United States astronaut to walk on the Moon was Captain Eugene Andrew Gene Cernan, in December 1972; Whereas it was Captain Cernan’s strong desire that the United States return to the Moon as part of NASA’s Exploration program;
 Whereas human missions to the Moon will provide invaluable contributions to knowing how humans can work in space, including science experiments and commercial enterprises; and
 Whereas NASA’s Space Launch System (SLS), with an initial lift capacity of 70 metric tons, will be the largest and most powerful rocket since the Saturn V: Now, therefore, be it

 That it is the sense of Congress that the Space Launch System (SLS) should be named the Cernan 1, in recognition of the achievements of Captain Eugene Andrew Gene Cernan and his fellow astronauts and all who participated in developing and supporting the Apollo program.


116 HR 5066 IH: Tax Excessive CEO Pay Act of 2019
U.S. House of Representatives
2019-11-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 5066IN THE HOUSE OF REPRESENTATIVESNovember 13, 2019Ms. Lee of California (for herself, Ms. Tlaib, Mr. Grijalva, Ms. Norton, Mr. Huffman, Ms. Jayapal, Mr. Khanna, Mr. Thompson of Mississippi, Ms. Schakowsky, Ms. DeLauro, Ms. Haaland, Mr. Espaillat, Ms. Pressley, Mr. García of Illinois, Ms. Omar, Mrs. Watson Coleman, and Mr. McGovern) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to impose a corporate tax rate increase on companies
			 whose ratio of compensation of the CEO or other highest paid employee to
			 median worker compensation is more than 50 to 1, and for other purposes.

 1.Short titleThis Act may be cited as the Tax Excessive CEO Pay Act of 2019. 2.Corporate tax increase based on compensation ratio (a)In generalSection 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

					(e)Tax increase based on pay ratio
						(1)In general
 (A)Increase imposedIn the case of any corporation (except as provided in subparagraph (B)(ii)(II)) the pay ratio of which is greater than 50 to 1 for a taxable year, the 21-percent rate under subsection (b) for such taxable year shall be increased by the penalty determined under paragraph (2).
 (B)Pay ratioFor purposes of this subsection— (i)In generalThe term pay ratio means the ratio described in section 229.402(u)(1)(iii) of title 17, Code of Federal Regulations (or any successor thereto), except that if the highest compensated employee of the corporation is not the principal executive officer, the ratio shall be determined based on the compensation of such highest compensated employee.
 (ii)Corporations not subject to SEC filingIn the case of a corporation which (without regard to this clause) is not subject to the authorities described in section 229.10(a) of title 17, Code of Federal Regulations (or any successor thereto)—
 (I)Large corporationsIf the average annual gross receipts of such corporation for the 3-taxable-year period ending with the taxable year which precedes such taxable year are at least $100,000,000, such corporation shall calculate and report its pay ratio according to the method which the Secretary shall prescribe by regulations consistent with the regulation described in clause (i).
 (II)Other private corporations exemptSubparagraph (A) shall not apply to any such corporation if the average annual gross receipts of such corporation for the 3-taxable-year period ending with the taxable year which precedes such taxable year are less than $100,000,000.
 (2)Amount of penaltyThe penalty determined under this paragraph is an increase, expressed in percentage points, determined in accordance with the following table:
							If the pay ratio is:The increase is:Greater than 50 to 1, but not greater than 100 to 10.5Greater than 100 to 1, but not greater than 200 to 11Greater than 200 to 1, but not greater than 300 to 12Greater than 300 to 1, but not greater than 400 to 13Greater than 400 to 1, but not greater than 500 to 14Greater than 500 to 15..
			(b)Conforming amendments
 (1)The following sections of the Internal Revenue Code of 1986 are each amended by inserting applicable to the corporation (after the application of section 11(e)) after section 11(b): (A)Section 280C(c)(3)(B)(ii)(II).
 (B)Paragraphs (2)(B) and (6)(A)(ii) of section 860E(e). (C)Section 7874(e)(1)(B).
 (2)Section 852(b)(3)(A) of such Code is amended by inserting (after the application of section 11(e)) after section 11(b). (3)Paragraphs (1) and (2) of section 1445(e)(1) of such Code are each amended by striking in effect for the taxable year under section 11(b) and inserting applicable to such corporation under section 11 for the taxable year.
 (4)Section 1446(b)(2)(B) of such Code is amended by striking specified in section 11(b) and inserting applicable to such corporation under section 11 for the taxable year. (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2019.
 (d)RegulationsThe Secretary of the Treasury (or the Secretary's delegate) shall issue regulations as necessary to prevent avoidance of the purposes of the amendments made by subsection (a), including regulations to prevent the manipulation of the compensation ratio under section 11(e) of the Internal Revenue Code of 1986 by changes to the composition of the workforce (including by using the services of contractors rather than employees).


		II
		111th CONGRESS
		1st Session
		S. 1721
		IN THE SENATE OF THE UNITED
		  STATES

			September 25, 2009
			Mr. Sanders introduced
			 the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To require the Secretary of Transportation
		  to develop a national transportation low emissions energy
		  plan.

		1.Short titleThis Act may be cited as the
			 Transportation Low Emissions Energy
			 Plan 2020 Act.
		2.FindingsCongress finds that—
			(1)President Obama has stated a goal of
			 deploying 1,000,000 plug-in hybrid and electric vehicles by 2015;
			(2)the United States needs to develop—
				(A)the electric recharging infrastructure to
			 fuel those vehicles; and
				(B)uniform standards and protocols for
			 deployment and integration of recharging infrastructure to serve commercial
			 vehicles as well as consumer vehicles; and
				(3)plug-in hybrid and electric vehicles offer
			 a number of benefits, including emissions reductions, decreasing dependence on
			 imported oil, and advanced energy storage for the electric grid.
			3.DefinitionsIn this Act:
			(1)PlanThe term Plan means the
			 national transportation low emissions energy plan developed under section
			 4.
			(2)SecretaryThe term Secretary means the
			 Secretary of Transportation, acting in coordination with the Secretary of
			 Energy and the Administrator of the Environmental Protection Agency.
			4.National transportation low emissions
			 energy plan
			(a)In generalThe Secretary shall establish a
			 stakeholder-driven process to develop, not later than 18 months after the date
			 of enactment of this Act, a national transportation low emissions energy
			 plan.
			(b)RequirementsThe Plan shall—
				(1)project the near- and long-term need for
			 and location of electric drive vehicle refueling infrastructure at strategic
			 locations across all major national highways, roads, and corridors;
				(2)identify infrastructure and standardization
			 needs for electricity providers, infrastructure providers, vehicle
			 manufacturers, and electricity purchasers; and
				(3)establish an aspirational goal of achieving
			 strategic deployment of electric vehicle infrastructure by 2020.
				(c)StakeholdersIn developing the Plan, the Secretary shall
			 involve, on a voluntary basis, stakeholders that include—
				(1)the heads of other Federal agencies;
				(2)State and local officials;
				(3)representatives of—
					(A)energy utilities;
					(B)the vehicles industry;
					(C)the freight and shipping industry;
					(D)clean technology firms;
					(E)the hospitality industry;
					(F)the restaurant industry; and
					(G)highway rest stop vendors; and
					(4)such other stakeholders as the Secretary
			 may determine to be necessary.
				(d)Public charge access portsThe Plan shall—
				(1)prioritize the development of—
					(A)standardized public charge access ports
			 with wireless or smart card billing capability; and
					(B)level I and level II charge port systems
			 (that charge an electric vehicle over a period of 8 to 14 hours and 4 to 8
			 hours, respectively) that will meet the energy requirements of the majority of
			 plug-in hybrid and battery electric vehicles;
					(2)examine the feasibility of level III charge
			 port systems that can charge an electric vehicle over a period of 10 to 20
			 minutes; and
				(3)focus on infrastructure that provides
			 consumers with the lowest cost while providing convenient charge system
			 access.
				(e)LEEP CoordinatorThe Secretary may designate 1 full-time
			 position within the Department of Transportation to be known as the LEEP
			 coordinator with responsibility to oversee—
				(1)the development of the Plan; and
				(2)the implementation of the regional pilot
			 projects under section 5.
				5.Pilot projects
			(a)In generalThe Secretary may establish 4 pilot
			 projects to demonstrate electric drive vehicles and infrastructure—
				(1)in rural locations; and
				(2)in commercial use.
				(b)RequirementsThe Secretary shall—
				(1)establish the pilot projects after the
			 publication of the Plan;
				(2)use the Plan to determine which regions of
			 the United States are most ready to demonstrate electric vehicle
			 infrastructure;
				(3)carry out the pilot projects in different
			 regions of the United States; and
				(4)ensure that—
					(A)at least 1 pilot project is carried out in
			 a rural region of the United States; and
					(B)at least 1 pilot project is focused on
			 freight issues.
					(c)Financial resourcesIn carrying out the regional pilot
			 projects, the Secretary shall coordinate the use of appropriate financial
			 incentives, grant programs, and other Federal financial resources to ensure
			 that electric infrastructure delivery entities are able to participate in the
			 regional pilot projects.
			6. Authorization of
			 appropriationsThere are
			 authorized to be appropriated to the Secretary such sums as are
			 necessary—
			(1)to develop the Plan;
			(2)to pay the salary and expenses of the LEEP
			 coordinator described in section 4(e); and
			(3)to carry out the regional pilot projects
			 under section 5.


		I
		112th CONGRESS
		2d Session
		H. R. 6450
		IN THE HOUSE OF REPRESENTATIVES

			September 20, 2012
			Mr. Costello (for
			 himself and Mr. Shimkus) introduced
			 the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To facilitate and expedite the review of proposed
		  improvements to Federal flood control projects to be constructed by local
		  sponsors, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Local Modifications to Federal Flood
			 Control Projects Act of 2012.
		2.FindingsCongress finds that—
			(1)it is in the
			 interest of the Federal Government to permit local sponsors to investigate,
			 plan, design, fund, and construct improvements to Federal flood control
			 projects in order to reduce the risk from flooding as quickly and efficiently
			 as possible; and
			(2)the Secretary of
			 the Army should take all necessary actions to facilitate and expedite the
			 review of proposed improvements to Federal flood control projects to be
			 constructed by local sponsors.
			3.Flood control
			 projects
			(a)Taking
			 possession of, use of, or injury to harbor or river improvementsSection 14 of the Act of March 3, 1899 (33
			 U.S.C. 408) is amended to read as follows:

					14.Taking
				possession of, use of, or injury to harbor or river improvements
						(a)ProhibitionIt
				shall not be lawful for any person or persons to take possession of or make use
				of for any purpose, or build upon, alter, deface, destroy, move, injure,
				obstruct by fastening vessels thereto or otherwise, or in any manner whatever
				impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf,
				pier, or other work built by the United States, or any piece of plant, floating
				or otherwise, used in the construction of such work under the control of the
				United States, in whole or in part, for the preservation and improvement of any
				of its navigable waters or to prevent floods, or as boundary marks, tide
				gauges, surveying stations, buoys, or other established marks, nor remove for
				ballast or other purposes any stone or other material composing such
				works.
						(b)Exceptions
							(1)Temporary
				occupation or useSubject to
				paragraph (3), the Secretary of the Army, on the recommendation of the Chief of
				Engineers, may grant permission for the temporary occupation or use of any of
				the aforementioned public works when in the Secretary’s judgment the occupation
				or use will not be injurious to the public interest.
							(2)Permanent
				alteration, occupation, or useSubject to paragraph (3), the
				Secretary, on the recommendation of the Chief of Engineers, may grant
				permission for the permanent alteration, occupation, or use of any of the
				aforementioned public works when in the judgment of the Secretary the permanent
				alteration, occupation, or use will not be injurious to the public interest and
				will not impair the usefulness of the public work.
							(3)Special rules
				for local sponsors of flood control projects
								(A)Review of
				improvementsIn the case of an aforementioned public work that is
				a flood control project, the Secretary shall grant permission to a local
				sponsor to construct an improvement to such flood control project in accordance
				with section 14a.
								(B)Exemption for
				operation and maintenance activitiesThis section does not apply
				to operation and maintenance activities of a local sponsor with respect to a
				flood control project.
								(C)DefinitionsIn
				this paragraph, the terms construct, flood control
				project, improvement, local sponsor, and
				operation and maintenance activities have the meanings given those
				terms in section
				14a.
								.
			(b)Improvements to
			 flood control projects proposed by local sponsorsThe Act of March 3, 1899 (30 Stat. 1121) is
			 amended by inserting after section 14 the following:

					14a.Improvements to
				flood control projects proposed by local sponsors
						(a)Authority To
				grant permission for improvementsThe Secretary of the Army, on the
				recommendation of the Chief of Engineers, may grant permission to a local
				sponsor to construct an improvement to a flood control project in accordance
				with this section.
						(b)Standard of
				review
							(1)Improvements
				necessary To provide qualified level of protection
								(A)In
				generalFor an improvement to a flood control project that is
				necessary for the project to provide a qualified level of protection, the
				Secretary shall grant permission under subsection (a) when in the judgment of
				the Secretary the proposed improvement does not permanently reduce the existing
				level of protection.
								(B)Qualified level
				of protectionAs used in subparagraph (A), a qualified level of
				protection is the lesser of—
									(i)the authorized
				level of protection; or
									(ii)the level of
				protection necessary to receive, maintain, or restore accreditation pursuant to
				chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et
				seq.).
									(2)Improvements
				altering scope of flood control project
								(A)In
				generalFor an improvement to
				a flood control project associated with permanently increasing the level of
				protection provided by the project from the authorized level of protection or
				permanently realigning the flood control project to substantially increase or
				otherwise significantly alter the geographic area protected by the flood
				control project, the Secretary shall grant permission under subsection (a) when
				in the judgment of the Secretary the improvement—
									(i)does not adversely affect the existing
				level of protection; and
									(ii)does not transfer the hydraulic impact of
				the flood control project beyond the standards that the Chief of Engineers
				applies to flood control projects proposed for initial Federal
				authorization.
									(B)LimitationThis
				paragraph shall not apply to an improvement that can be reviewed under
				paragraph (1).
								(c)Certification by
				registered professional engineer required for all improvementsThe Secretary may not grant permission
				under subsection (a) with respect to an improvement unless the improvement is
				constructed in accordance with plans and specifications prepared and certified
				by a registered professional engineer.
						(d)Applications
							(1)In
				generalA local sponsor
				seeking permission under subsection (a) to construct an improvement shall
				submit to the Secretary an application requesting such permission.
							(2)Deadlines for
				review
								(A)In
				generalIf a local sponsor
				submits an application to the Secretary under paragraph (1), the Secretary
				shall approve or disapprove the application—
									(i)not later than 45
				days after the date of submission of the application, with respect to an
				improvement subject to review under subsection (b)(1); and
									(ii)not later than
				120 days after the date of submission of the application, with respect to an
				improvement subject to review under subsection (b)(2).
									(B)Extensions
									(i)Incomplete
				applicationsIf the Secretary determines that an application
				submitted by a local sponsor under paragraph (1) is incomplete, the Secretary
				shall notify the local sponsor of the specific information that is missing or
				the analysis that is needed to make a determination under subsection (b). Upon
				submission of the missing information or analysis by the local sponsor, the
				Secretary may extend the applicable review period under subparagraph (A) by an
				additional 30 days.
									(ii)Further
				extensions by mutual agreementAny further extension of the
				applicable review period may be made only by mutual agreement of the Secretary
				and the local sponsor.
									(e)Approval and
				disapproval
							(1)ApprovalIf the Secretary approves an application
				submitted under subsection (d), the Secretary shall promptly notify the local
				sponsor of the approval in writing.
							(2)DisapprovalIf the Secretary disapproves an application
				submitted under subsection (d), the Secretary shall promptly notify the local
				sponsor of the disapproval in writing and provide the local sponsor with
				information concerning the reasons for the disapproval. Such information shall
				include all technical data, analysis, modeling, and other information used by
				the Secretary in issuing the disapproval and a description of specific
				corrective changes required for approval of the application.
							(3)Deemed
				approvalIf the Secretary does not approve or disapprove an
				application submitted under subsection (d) before the last day of the
				applicable review period specified under subsection (d), the application is
				deemed approved.
							(f)Administrative
				appeals
							(1)In
				generalNot later than 90 days after the date of receiving a
				disapproval of an application from the Secretary under subsection (e), a local
				sponsor may file with the Secretary an appeal of the disapproval.
							(2)Conduct of
				appeals
								(A)Consideration of
				technical and scientific dataIn reviewing an appeal filed under
				paragraph (1), the Secretary shall take into account any technical or
				scientific data submitted by the local sponsor that negates or contradicts the
				information relied upon by the Secretary in issuing the disapproval.
								(B)Methods to
				resolve appeals
									(i)ConsultationThe
				Secretary shall resolve an appeal filed under paragraph (1) through
				consultation with the local sponsor.
									(ii)Further
				methodsIf, 60 days after the local sponsor files an appeal under
				paragraph (1), the appeal is not resolved through consultation, the local
				sponsor may elect to continue the appeal process through—
										(I)an administrative
				hearing; or
										(II)submission of
				technical and scientific data, including the data described in subparagraph
				(A), to an independent scientific body in accordance with subparagraph
				(C).
										(C)Independent
				scientific body
									(i)Membership of
				bodyInformation may be submitted to an independent scientific
				body under subparagraph (B)(ii) only if the membership of the independent
				scientific body is mutually agreed upon by the Secretary and the local
				sponsor.
									(ii)Deadline for
				recommendationNot later than
				90 days after the date on which a local sponsor elects to submit data to an
				independent scientific body under subparagraph (B)(ii), the independent
				scientific body shall make a recommendation to the Secretary with respect to an
				appeal by applying the applicable standard specified in subsection (b).
									(3)Deadlines for
				final determinations
								(A)ConsultationIn
				the case of an appeal filed under paragraph (1) for which the local sponsor has
				not elected to continue the appeal process through an administrative hearing or
				submission of data to an independent scientific body, not later than 90 days
				after the date of receiving the appeal, or on a date mutually agreed upon by
				the Secretary and the local sponsor, the Secretary shall make a final
				determination with respect to the appeal.
								(B)Administrative
				hearingIn the case of an
				appeal filed under paragraph (1) for which the local sponsor has elected to
				continue the appeal process through an administrative hearing under paragraph
				(3)(B)(ii), not later than 120 days after the date on which the local sponsor
				makes such election, or on a date mutually agreed upon by the Secretary and the
				local sponsor, the Secretary shall make a final determination with respect to
				the appeal.
								(C)Submission to
				independent scientific bodyIn the case of an appeal filed under
				paragraph (1) for which the local sponsor has elected to continue the appeal
				process through submission of data to an independent scientific body under
				paragraph (3)(B)(ii), not later than 30 days after the date on which the
				independent scientific body makes a recommendation under paragraph (3)(C)(ii),
				or on a date mutually agreed upon by the Secretary and the local sponsor, the
				Secretary shall make a final determination with respect to the appeal.
								(4)Reimbursement of
				expensesIf, in connection with an appeal under this subsection,
				a local sponsor incurs additional expenses for surveyor, engineering, or
				similar services, but not including legal services, and is successful in whole
				or in part, the Secretary shall reimburse the local sponsor for such expenses,
				subject to the availability of appropriations for that purpose.
							(g)Judicial
				appealsNot later than 180 days after the date of receiving a
				final determination by the Secretary with respect to an appeal filed under
				subsection (f), a local sponsor may appeal the determination to the United
				States district court for the district in which the flood control project that
				is the subject of the appeal is located. The scope of review by the court shall
				be as provided by chapter 7 of title 5, United States Code.
						(h)Prohibition on
				further reviews
							(1)In
				generalWith respect to a local sponsor seeking permission under
				subsection (a), the Secretary may not require any further review than is
				necessary under subsection (b) or require as a part of an application seeking
				such permission an additional review by any other person, governmental body, or
				agency unless otherwise required by State or Federal law.
							(2)Non-applicability
				of safety assurance reviewWith respect to a local sponsor
				seeking permission under subsection (a), the Secretary may not require review
				under section 2035 of the Water Resources Development Act of 2007 (33 U.S.C.
				2344).
							(i)Guidelines
							(1)In
				generalNot later than 6
				months after the date of enactment of this section, the Secretary, after
				consultation with local sponsors that operate and maintain flood control
				projects, shall issue guidelines to facilitate and expedite the review of
				proposed improvements to flood control projects to be constructed by local
				sponsors.
							(2)ContentsThe
				guidelines shall—
								(A)provide for
				delegation of the Secretary’s authority to grant permission under this section
				to—
									(i)the District
				Commander, with respect to an improvement subject to review under subsection
				(b)(1); and
									(ii)the Division
				Commander, with respect to an improvement subject to review under subsection
				(b)(2);
									(B)include criteria
				for determining whether an improvement is subject to review under subsection
				(b)(1) or (b)(2);
								(C)allow a local
				sponsor to submit an application under this section for a separable project
				element rather than an entire project, at the election of the local
				sponsor;
								(D)include criteria
				for determining the stage of project design at which an application can be
				submitted under this section, and ensure that such stage provides a local
				sponsor with guidance as soon as practicable;
								(E)include a
				description of the required content of an application submitted under this
				section, including the data and analysis to be provided by the local sponsor as
				part of the application; and
								(F)address such other
				matters as the Secretary, acting through the Chief of Engineers and in
				consultation with local sponsors, considers necessary.
								(j)Previously
				approved projectsA local
				sponsor shall not be required to seek further permission under this section
				with respect to any improvement to a flood control project constructed by the
				local sponsor that has been approved pursuant to Federal law before the date of
				enactment of this section and for which construction commenced before such date
				of enactment.
						(k)DefinitionsIn
				this section, the following definitions apply:
							(1)Authorized level
				of protectionThe term
				authorized level of protection means the level of protection
				specified in the authorizing statute for a flood control project.
							(2)ConstructThe term construct means to
				undertake activities to provide for an improvement to a flood control project,
				including construction, reconstruction, rehabilitation, restoration, and repair
				activities and activities associated with investigations, planning, and
				funding.
							(3)Existing level
				of protectionThe term existing level of protection
				means the level of protection provided by a flood control project, as
				determined by a registered professional engineer selected by the local sponsor,
				as of the date on which the local sponsor submits an application under
				subsection (d)(1).
							(4)Flood control
				projectThe term flood
				control project means a public work described in section 14(a) that is
				used for flood damage reduction. For the purposes of this section, the
				boundaries of a flood control project are the boundaries of the right-of-way
				for the applicable public work, as determined at the time the public work was
				built by the United States.
							(5)Improvement
								(A)In
				generalThe term improvement means an alteration or
				permanent or temporary occupation or use.
								(B)ExclusionThe
				term improvement does not include operation and maintenance
				activities.
								(6)Local
				sponsorThe term local
				sponsor means a State, a political subdivision of a State, or a local
				agency with authority to—
								(A)operate and
				maintain a flood control project under section 3 of the Act of June 22, 1936
				(33 U.S.C. 701c); or
								(B)construct a flood
				control project under State law.
								(7)Operation and
				maintenance activitiesThe term operation and maintenance
				activities means—
								(A)activities
				required to be conducted by a local sponsor pursuant to section 208.10 of title
				33, Code of Federal Regulations (as in effect on the date of enactment of this
				section);
								(B)activities required to be conducted by a
				local sponsor under the manual prepared by the Secretary for the flood control
				project pursuant to the Operation, Maintenance, Repair, Replacement, and
				Rehabilitation Manual for Projects and Separable Elements Managed By Project
				Sponsors (Engineer Regulation 1110–2–401; September 30, 1994); and
								(C)such other activities as are conducted by a
				local sponsor in the normal course of operating and maintaining the flood
				control project, or as are otherwise determined by the Secretary, acting
				through the Chief of Engineers, to be within a local sponsor’s operation and
				maintenance responsibilities with respect to the flood control
				project.
								.


113 HR 4498 IH: Legitimate Use of Medicinal Marijuana Act
U.S. House of Representatives
2014-04-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4498
		IN THE HOUSE OF REPRESENTATIVES

			April 28, 2014
			Mr. Griffith of Virginia introduced the following bill; which was referred to the Committee on Energy and Commerce

		A BILL
		To provide for the legitimate use of medicinal marijuana in accordance with the laws of the various
			 States.

		1.Short titleThis Act may be cited as the Legitimate Use of Medicinal Marijuana Act or the LUMMA.
		2.Scheduling of marijuana; prescriptions
			(a)ScheduleMarijuana is moved from schedule I of the Controlled Substances Act to schedule II of such Act.
			(b)Prescription
				(1)In generalIn a State in which marijuana may be prescribed by a physician for medical use under applicable
			 State law, no provision of the Controlled Substances Act (21 U.S.C. 801 et
			 seq.) or of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
			 seq.) shall prohibit or otherwise restrict—
					(A)the prescription of marijuana by a physician for medical use;
					(B)an individual who is an authorized patient from obtaining, possessing, transporting within the
			 individual’s State, or using marijuana for that individual’s medical use;
					(C)an individual authorized under State law to obtain, possess, transport within their State, or
			 manufacture marijuana, from obtaining, possessing, transporting within
			 that State, or manufacturing marijuana pursuant to that authorization; or
					(D)a pharmacy or other entity authorized under State law to distribute medical marijuana to an
			 authorized patient, from obtaining or possessing marijuana for that
			 purpose, or from distributing marijuana to an authorized patient for
			 medical use.
					(2)ProductionNo provision of the Controlled Substances Act (21 U.S.C. 801 et seq.) or of the Federal Food,
			 Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) shall prohibit or otherwise
			 restrict an entity authorized by a State, in which marijuana may be
			 prescribed by a physician for medical use, for the purpose of producing
			 marijuana for prescription by a physician for medical use, from producing,
			 processing, or distributing marijuana for such purpose.
				3.DefinitionsIn this Act—
			(1)the term authorized patient means an individual using marijuana in accordance with a prescription of marijuana by a physician
			 for medical use;
			(2)the term physician means a practitioner of medicine, who—
				(A)graduated from a college of medicine or osteopathy; and
				(B)is licensed by the appropriate State board;
				(3)the term prescription means an instruction written by a medical physician in accordance with applicable State law that
			 authorizes a patient to be issued with a medicine or treatment; and
			(4)the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the
			 United States.
			4.Relation of Act to certain prohibitions relating to smokingThis Act does not affect any Federal, State, or local law regulating or prohibiting smoking in
			 public.


109 HR 2171 IH: To extend the temporary suspension of duty on Vulkalent E/C.
U.S. House of Representatives
2005-05-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2171
IN THE HOUSE OF REPRESENTATIVES

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

A BILL
To extend the temporary suspension of duty on Vulkalent E/C.

1.Vulkalent E/C
(a)In generalHeading 9902.38.31 of the Harmonized Tariff Schedule of the United States (relating to Vulkalent E/C) is amended by striking 12/31/2006 and inserting 12/31/2009.
(b)Effective dateThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


116 S4100 IS: Supporting Children with Disabilities During COVID–19 Act
U.S. Senate
2020-06-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4100IN THE SENATE OF THE UNITED STATESJune 29, 2020Mr. Murphy (for himself, Ms. Hassan, and Mr. Van Hollen) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo support children with disabilities during the COVID–19 pandemic.1.Short titleThis Act may be cited as the Supporting Children with Disabilities During COVID–19 Act.2.FindingsCongress finds the following:(1)A free appropriate public education is a fundamental educational right of all children with disabilities, guaranteed by the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).(2)More than 7,000,000 school-aged children with disabilities, approximately 13 percent of the total student enrollment, are currently entitled to individualized education and related services mandated by the Individuals with Disabilities Education Act. (3)Nearly 500,000 infants and toddlers, as well as their families, receive supports and services under the Individuals with Disabilities Education Act and these early interventions have been proven to improve education outcomes. (4)Under the Individuals with Disabilities Education Act, schools and lead agencies responsible for the administration of funds under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.) (referred to in this Act as lead agencies) are required to provide early intervention, special education, and related services to children with disabilities, an obligation that requires services outlined in a child’s individualized family service plan (referred to as an IFSP) or individualized education program (referred to as an IEP).(5)Children with disabilities have been disproportionately impacted by the disruptions to education resulting from the COVID–19 pandemic, with many children with disabilities needing additional supports and services to meet their IEP and IFSP goals as the delivery of education and services has shifted from in-person to remote formats.(6)Local educational agencies and lead agencies face extra costs associated with adjusting services and continuing to provide a free, appropriate public education while children with disabilities are receiving services through distance learning and remote service delivery. (7)Schools are facing unprecedented budget challenges due to the rising costs of responding to COVID–19, coupled with State and local revenue shortfalls.(8)To ensure that schools and lead agencies continue to meet the needs of children with disabilities and their families, including providing trained and certified special educators and education support specialists, emergency supplemental funding is needed under the Individuals with Disabilities Education Act. (9)Emergency supplemental funding is also needed under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) because services provided under that Act help ensure that students with disabilities have the technology they need to access equal educational opportunities. 3.Supplemental appropriations(a)In generalThe following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021:(1)$11,000,000,000 for grants to States under section 611 of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.). (2)For early childhood education programs—(A)$400,000,000 for preschool grants under section 619 of the Individuals with Disabilities Education Act (20 U.S.C. 1419); and(B)$500,000,000 for programs for infants and toddlers under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.).(3)$300,000,000 for personnel development under section 662 of the Individuals with Disabilities Education Act (20 U.S.C. 1462).(4)$55,000,000 for the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.).(b)Emergency designation(1)In generalThe amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).(2)Designation in SenateIn the Senate, this Act is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.(c)Applicability of all terms and conditionsAll terms and conditions that apply to a program under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.), as the case may be, shall apply with respect to support provided for the program through funds made available under subsection (a).(d)General provisionsAny amount appropriated under this section is in addition to other amounts appropriated or made available for the applicable purpose. 4.Reporting(a)IDEA funds(1)In generalRecipients of funds made available under this Act for activities authorized under the Individuals with Disabilities Education Act shall separately account for, and report on, how such funds are spent in accordance with this section.(2)LEAsNot later than 1 year after the distribution of funds under this Act, local educational agencies shall report the use of funds appropriated in this Act to their respective State educational agencies. (3)SEAsNot later than 1 year after the distribution of funds under this Act, State educational agencies shall produce a publicly available report that contains information about such spending by each local educational agency in the State and aggregate spending of local educational agencies in the State by allowable uses under Individuals with Disabilities Education Act. Each State educational agency shall make that report available in an accessible manner on the website of the State educational agency and submit the report to the Secretary of Education.(4)Lead agencyNot later than 1 year after the distribution of funds under this Act, each lead agency responsible for the administration of funds provided under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.) shall prepare and submit to the Secretary of Education a report that contains information about how the lead agency spent funds appropriated under this Act.(5)Secretary of EducationThe Secretary of Education shall release a nationally representative report on expenditures under this Act and send such report to the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Appropriations and the Committee on Education and Labor of the House of Representatives. Not later than 1 year after the distribution of funds under this Act, the Secretary of Education’s report shall be placed on the Department of Education’s website in an accessible format.(b)Assistive Technology Act of 1998(1)In generalRecipients of funds made available under this Act for activities authorized under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) shall separately account for, and report on, how such funds are spent in accordance with this subsection.(2)Secretary of Health and Human ServicesNot later than 1 year after the distribution of funds under this Act, the Secretary of Health and Human Services shall release a nationally representative report on expenditures made available under this Act for activities authorized under the Assistive Technology Act of 1998.