114 S3124 IS: Sarah's Law
U.S. Senate
2016-06-29
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.

		II
		114th CONGRESS2d Session
		S. 3124
		IN THE SENATE OF THE UNITED STATES

			June 29, 2016
			Mrs. Ernst (for herself, Mr. Grassley, Mr. Sasse, and Mrs. Fischer) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To require U.S. Immigration and Customs Enforcement to take into custody certain aliens who have
			 been
			 charged in the United States with a crime that resulted in the death or
			 serious
			 bodily injury
			 of another person, and for other purposes.

		1.Short title
 This Act may be cited as Sarah's Law.
		2.Mandatory detention of certain aliens charged with a crime resulting in death or serious bodily
 injurySection 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended— (1)in paragraph (1)—
 (A)in subparagraphs (A) and (B), by striking the comma at the end of each subparagraph and inserting a semicolon;
 (B)in subparagraph (C)— (i)by striking sentence and inserting sentenced; and
 (ii)by striking , or and inserting a semicolon; (C)in subparagraph (D), by striking the comma at the end and inserting ; or; and
 (D)by inserting after subparagraph (D) the following:  (E)(i)(I)was not inspected and admitted into the United States;
 (II)held a nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) that has been revoked under section 221(i); or
 (III)is described in section 237(a)(1)(C)(i); and (ii)has been charged by a prosecuting authority in the United States with any crime that resulted in the death or serious bodily injury (as defined in section 1365(h)(3) of title 18, United States Code) of another person,
							; and
 (2)by adding at the end the following:  (3)Notification requirementUpon encountering or gaining knowledge of an alien described in paragraph (1), the Assistant Secretary of Homeland Security for Immigration and Customs Enforcement shall make reasonable efforts—
 (A)to obtain information from law enforcement agencies and from other available sources regarding the identity of any victims of the crimes for which such alien was charged or convicted; and
 (B)to provide the victim or, if the victim is deceased, a parent, guardian, spouse, or closest living relative of such victim, with information, on a timely and ongoing basis, including—
 (i)the alien’s full name, aliases, date of birth, and country of nationality; (ii)the alien’s immigration status and criminal history;
 (iii)the alien’s custody status and any changes related to the alien’s custody; and (iv)a description of any efforts by the United States Government to remove the alien from the United States.
							.
 3.Savings provisionNothing in this Act, or the amendments made by this Act, may be construed to limit the rights of crime victims under any other provision of law, including section 3771 of title 18, United States Code.


114 HR 112 IH: To amend title 31, United States Code, to restore the 10 year statute of limitations applicable to collection of debt by administrative offset, and for other purposes.
U.S. House of Representatives
2015-01-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 112
		IN THE HOUSE OF REPRESENTATIVES

			January 6, 2015
			Mr. Fortenberry introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To amend title 31, United States Code, to restore the 10 year statute of limitations applicable to
			 collection of debt by administrative offset, and for other purposes.

		1.Restoration of statute of limitations
			(a)In generalSection 3716(e) of title 31, United States Code, is amended to read as follows:

					(e)This section does not apply—
						(1)to a claim under this subchapter that has been outstanding for more than 10 years; or
						(2)when a statute explicitly prohibits using administrative offset or setoff to collect the claim or
			 type of claim involved..
			(b)RetroactivityIn the administration of section 3716(e) of title 31, United States Code, as amended by subsection
			 (a), the following provisions of law shall be treated as if they had never
			 been enacted:
				(1)Section 14219 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–234; 122 Stat.
			 1483), repealed as duplicative enactment by section 4 of Public Law
			 110–246 (7 U.S.C. 8701 note).
				(2)Section 14219 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat.
			 2245).
				2.Limitation on use of FundsThe Commissioner of Social Security shall not use any funds to seek an administrative offset
			 pursuant to section 3716 of title 31, United States Code, for collection
			 of a debt or claim arising out of a benefit payment under title II of the
			 Social Security Act (42 U.S.C. 401 et seq.)—
			(1)from a child (as defined in section 216(e) of the Social Security Act (42 U.S.C. 416(e))) of the
			 beneficiary, when such child is without fault;
			(2)from an individual who had not attained the age of 18 years on the date such debt or claim arose;
			 or
			(3)where such debt or claim has been outstanding for more than 10 years.


116 S2658 IS: Augmenting Compatibility and Competition by Enabling Service Switching Act of 2019
U.S. Senate
2019-10-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 2658IN THE SENATE OF THE UNITED STATESOctober 22, 2019Mr. Warner (for himself, Mr. Hawley, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo promote competition and reduce consumer switching costs in the provision of online
			 communications services.

 1.Short titleThis Act may be cited as the Augmenting Compatibility and Competition by Enabling Service Switching Act of 2019 or the ACCESS Act of 2019.
 2.DefinitionsIn this Act: (1)CommissionThe term Commission means the Federal Trade Commission.
 (2)Communications providerThe term communications provider means a consumer-facing communications and information services provider. (3)Competing communications providerThe term competing communications provider, with respect to a large communications platform provider, means another communications provider offering, or planning to offer, similar products or services to consumers.
 (4)Competing communications serviceThe term competing communications service, with respect to a large communications platform, means a similar product or service provided by a competing communications provider.
 (5)Custodial third-party agentThe term custodial third-party agent means an entity that is duly authorized by a user to interact with a large communications platform provider on that user’s behalf to manage the user’s online interactions, content, and account settings.
 (6)Interoperability interfaceThe term interoperability interface means an electronic interface maintained by a large communications platform for purposes of achieving interoperability.
 (7)Large communications platformThe term large communications platform means a product or service provided by a communications provider that— (A)generates income, directly or indirectly, from the collection, processing, sale, or sharing of user data; and
 (B)has more than 100,000,000 monthly active users in the United States. (8)Large communications platform providerThe term large communications platform provider means a communications provider that provides, manages, or controls a large communications platform.
			(9)User data
 (A)In generalThe term user data means information that is— (i)collected directly by a communications provider; and
 (ii)linked, or reasonably linkable, to a specific person.
 (B)ExclusionThe term user data does not include information that is rendered unusable, unreadable, de-identified, or anonymized.
				3.Portability
 (a)General duty of large communications platform providersA large communications platform provider shall, for each large communications platform it operates, maintain a set of transparent, third-party-accessible interfaces (including application programming interfaces) to initiate the secure transfer of user data to a user, or to a competing communications provider acting at the direction of a user, in a structured, commonly used, and machine-readable format.
 (b)General duty of competing communications providersA competing communications provider that receives ported user data from a large communications platform provider shall reasonably secure any user data it acquires.
 (c)Exemption for certain servicesThe obligations under this section shall not apply to a product or service by which a large communications platform provider does not generate any income or other compensation, directly or indirectly, from collecting, using, or sharing user data.
			4.Interoperability
 (a)General duty of large communications platform providersA large communications platform provider shall, for each large communications platform it operates, maintain a set of transparent, third-party-accessible interfaces (including application programming interfaces) to facilitate and maintain technically compatible, interoperable communications with a user of a competing communications provider.
 (b)General duty of competing communications providersA competing communications provider that accesses an interoperability interface of a large communications platform provider shall reasonably secure any user data it acquires, processes, or transmits.
			(c)Interoperability obligations for large communications platform
			 providers
 (1)In generalIn order to achieve interoperability under subsection (a), a large communications platform provider shall fulfill the duties under paragraphs (2) through (6) of this subsection.
				(2)Non-discrimination
 (A)In generalA large communications platform provider shall facilitate and maintain interoperability with competing communications services for each of its large communications platforms through an interoperability interface, based on fair, reasonable, and nondiscriminatory terms.
					(B)Reasonable thresholds, access standards, and fees
 (i)In generalA large communications platform provider may establish reasonable thresholds related to the frequency, nature, and volume of requests by a competing communications provider to access resources maintained by the large communications platform provider, beyond which the large communications platform provider may assess a reasonable fee for such access.
 (ii)Usage expectationsA large communications platform provider may establish fair, reasonable, and nondiscriminatory usage expectations to govern access by competing communications providers, including fees or penalties for providers that exceed those usage expectations.
 (iii)Limitation on fees and usage expectationsAny fees, penalties, or usage expectations assessed under clauses (i) and (ii) shall be reasonably proportional to the cost, complexity, and risk to the large communications platform provider of providing such access.
 (iv)NoticeA large communications platform provider shall provide public notice of any fees, penalties, or usage expectations that may be established under clauses (i) and (ii), including reasonable advance notice of any changes.
 (v)Security and privacy standardsA large communications platform provider shall, consistent with industry best practices, set privacy and security standards for access by competing communications services to the extent reasonably necessary to address a threat to the large communications platform or user data, and shall report any suspected violations of those standards to the Commission.
 (C)Prohibited changes to interfacesA change to an interoperability interface or terms of use made with the purpose, or substantial effect, of unreasonably denying access or undermining interoperability for competing communications services shall be considered a violation of the duty under subparagraph (A) to facilitate and maintain interoperability based on fair, reasonable, and nondiscriminatory terms.
 (3)Functional equivalenceA large communications platform provider that maintains interoperability between its own large communications platform and other products, services, or affiliated offerings of such provider shall offer a functionally equivalent version of that interface to competing communications services.
				(4)Interface information
 (A)In generalNot later than 120 days after the date of enactment of this Act, a large communications platform provider shall disclose to competing communications providers complete and accurate documentation describing access to the interoperability interface required under this section.
 (B)ContentsThe documentation required under subparagraph (A)— (i)is limited to interface documentation necessary to achieve development and operation of interoperable products and services; and
 (ii)does not require the disclosure of the source code of a large communications platform. (5)Notice of changesA large communications platform provider shall provide reasonable advance notice to a competing communications provider, which may be provided through public notice, of any change to an interoperability interface maintained by the large communications platform provider that will affect the interoperability of a competing communications service.
 (6)Non-commercialization by a large communications platform providerA large communications platform provider may not collect, use, or share user data obtained from a competing communications service through the interoperability interface except for the purposes of safeguarding the privacy and security of such information or maintaining interoperability of services.
 (d)Non-Commercialization by a competing communications providerA competing communications provider that accesses an interoperability interface may not collect, use, or share user data obtained from a large communications platform provider through the interoperability interface except for the purposes of safeguarding the privacy and security of such information or maintaining interoperability of services.
 (e)Exemption for certain servicesThe obligations under this section shall not apply to a product or service by which a large communications platform provider does not generate any income or other compensation, directly or indirectly, from collecting, using, or sharing user data.
			5.Delegatability
 (a)General duty of large communications platform providersA large communications platform provider shall maintain a set of transparent third-party-accessible interfaces by which a user may delegate a custodial third-party agent to manage the user’s online interactions, content, and account settings on a large communications platform on the same terms as a user.
 (b)AuthenticationNot later than 180 days after the date of enactment of this Act, the Commission shall establish rules and procedures to facilitate a custodial third-party agent’s ability to obtain access pursuant to subsection (a) in a way that ensures that a request for access on behalf of a user is a verifiable request.
 (c)Registration with the CommissionA custodial third-party agent shall register with the Commission as a condition of, and prior to, accessing an interface described in subsection (a).
 (d)Deregistration by the CommissionThe Commission shall establish rules and procedures to deregister a custodial third-party agent that the Commission determines has violated the duties established in this section.
 (e)Revocation of access rightsA large communications platform provider may revoke or deny access for any custodial third-party agent that—
 (1)fails to register with the Commission; or (2)repeatedly facilitates fraudulent or malicious activity.
 (f)Duties of a custodial third-Party agentA custodial third-party agent— (1)shall reasonably safeguard the privacy and security of user data provided to it by a user, or accessed on a user’s behalf;
 (2)shall not access or manage a user’s online interactions, content, or account settings in any way that—
 (A)will benefit the custodial third-party agent to the detriment of the user; (B)will result in any reasonably foreseeable harm to the user; or
 (C)is inconsistent with the directions or reasonable expectations of the user; and (3)shall not collect, use, or share any user data provided to it by a user, or accessed on a user’s behalf, for the commercial benefit of the custodial third-party agent.
 (g)FeesA custodial third-party agent may charge users a fee for the provision of the products or services described in subsection (a).
 (h)Extent of access rightsNothing in this section shall be construed to confer greater rights of access for a custodial third-party agent to a large communications platform than are accessible to a user.
			6.Implementation and enforcement
 (a)RegulationsNot later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations to implement section 4(c)(2)(B)(v) and subsections (b), (c), and (d) of section 5.
 (b)AuthenticationNot later than 180 days after the date of enactment of this Act, the Commission, in consultation with relevant industry stakeholders, shall establish rules and procedures to facilitate the verification of the validity of requests from users and competing communications providers to obtain user data under sections 3(a) and 4(a).
 (c)Technical standardsNot later than 180 days after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall develop and publish model technical standards by which to make interoperable popular classes of communications or information services, including—
 (1)online messaging; (2)multimedia sharing; and
 (3)social networking. (d)Compliance assessmentThe Commission shall regularly assess compliance by large communications platform providers with the provisions of this Act.
 (e)ComplaintsThe Commission shall establish procedures under which a user, a large communications platform provider, a competing communications provider, and a custodial third-party agent may file a complaint alleging that a large communications platform provider, a competing communication provider, or a custodial third-party agent has violated this Act.
			(f)Enforcement
 (1)Unfair or deceptive acts or practicesA violation of this Act, or regulations enacted pursuant to this Act, shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
				(2)Powers of commission
 (A)In generalExcept as provided in subparagraph (C), the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
 (B)Privileges and immunitiesExcept as provided in subparagraph (C), any person who violates section 3 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
 (C)Nonprofit organizations and common carriersNotwithstanding section 4 or 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 44, 45(a)(2)) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.).
 (D)FinesIn assessing any fine for a violation of this Act, the Commission shall consider each individual user affected by a violation of this Act as an individual violation.
 (g)Reliance on open standardsAny large communications platform provider that establishes and maintains interoperability through an open standard established under subsection (c) shall be entitled to a rebuttable presumption of providing access on fair, reasonable, and nondiscriminatory terms.
 (h)PreemptionThe provisions of this Act shall preempt any State law only to the extent that such State law is inconsistent with the provisions of this Act.
 (i)Effective dateThis Act shall take effect on the date on which the Commission promulgates regulations under subsection (a).
 7.Relation to other lawsNothing in this Act shall be construed to modify, limit, or supersede the operation of any privacy or security provision in—
 (1)section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974); (2)the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.);
 (3)the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); (4)the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.);
 (5)the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.); (6)title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.);
 (7)chapters 119, 123, and 206 of title 18, United States Code; (8)section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the Family Educational Rights and Privacy Act of 1974);
 (9)section 445 of the General Education Provisions Act (20 U.S.C. 1232h); (10)the Privacy Protection Act of 1980 (42 U.S.C. 2000aa et seq.);
 (11)the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note), as those regulations relate to—
 (A)a person described in section 1172(a) of the Social Security Act (42 U.S.C. 1320d–1(a)); or (B)transactions referred to in section 1173(a)(1) of the Social Security Act (42 U.S.C. 1320d–2(a)(1));
 (12)the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001 et seq.); (13)sections 222 and 227 of the Communications Act of 1934 (47 U.S.C. 222, 227); or
 (14)any other privacy or security provision of Federal law.


113 HR 1607 IH: Livestock Disaster Protection Act
U.S. House of Representatives
2013-04-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1607
		IN THE HOUSE OF REPRESENTATIVES

			April 17, 2013
			Mrs. Noem (for
			 herself and Mr. Terry) introduced the
			 following bill; which was referred to the Committee on Agriculture

		A BILL
		To amend the Federal Crop Insurance Act to extend certain
		  supplemental agricultural disaster assistance programs to cover fiscal years
		  2012 through 2018, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Livestock Disaster Protection
			 Act.
		2.Extension of
			 certain supplemental agricultural disaster assistance programs with new funding
			 mechanismSection 531 of the
			 Federal Crop Insurance Act (7 U.S.C. 1531) is amended to read as
			 follows:

				531.Supplemental
				agricultural disaster assistance
					(a)DefinitionsIn
				this section:
						(1)Eligible
				producer on a farm
							(A)In
				generalThe term eligible producer on a farm means
				an individual or entity described in subparagraph (B) that, as determined by
				the Secretary, assumes the production and market risks associated with the
				agricultural production of crops or livestock.
							(B)DescriptionAn
				individual or entity referred to in subparagraph (A) is—
								(i)a
				citizen of the United States;
								(ii)a
				resident alien;
								(iii)a partnership of
				citizens of the United States; or
								(iv)a
				corporation, limited liability corporation, or other farm organizational
				structure organized under State law.
								(2)Farm
							(A)In
				generalThe term farm means, in relation to an
				eligible producer on a farm, the crop acreage in all counties that is planted
				or intended to be planted for harvest for sale or on-farm livestock feeding
				(including native grassland intended for haying) by the eligible
				producer.
							(B)AquacultureIn
				the case of aquaculture, the term farm means, in relation to an
				eligible producer on a farm, all fish being produced in all counties that are
				intended to be harvested for sale by the eligible producer.
							(C)HoneyIn
				the case of honey, the term farm means, in relation to an eligible
				producer on a farm, all bees and beehives in all counties that are intended to
				be harvested for a honey crop for sale by the eligible producer.
							(3)Farm-raised
				fishThe term farm-raised fish means any aquatic
				species that is propagated and reared in a controlled environment.
						(4)LivestockThe
				term livestock includes—
							(A)cattle (including
				dairy cattle);
							(B)bison;
							(C)poultry;
							(D)sheep;
							(E)swine;
							(F)horses; and
							(G)other livestock,
				as determined by the Secretary.
							(b)Livestock
				indemnity payments
						(1)PaymentsFor the period specified in subsection (f),
				the Secretary shall use such sums as are necessary of the funds of the
				Commodity Credit Corporation to make livestock indemnity payments to eligible
				producers on farms that have incurred livestock death losses in excess of the
				normal mortality, as determined by the Secretary, due to—
							(A)attacks by animals reintroduced into the
				wild by the Federal Government or protected by Federal law, including wolves
				and avian predators; or
							(B)adverse weather,
				as determined by the Secretary, during the calendar year, including losses due
				to hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme
				cold.
							(2)Payment
				ratesIndemnity payments to an eligible producer on a farm under
				paragraph (1) shall be made at a rate of 75 percent of the market value of the
				applicable livestock on the day before the date of death of the livestock, as
				determined by the Secretary.
						(3)Special rule for
				payments made due to diseaseThe Secretary shall ensure that
				payments made to an eligible producer under paragraph (1) are not made for the
				same livestock losses for which compensation is provided pursuant to section
				10407(d) of the Animal Health Protection Act (7 U.S.C. 8306(d)).
						(c)Livestock forage
				disaster program
						(1)DefinitionsIn
				this subsection:
							(A)Covered
				livestock
								(i)In
				generalExcept as provided in clause (ii), the term covered
				livestock means livestock of an eligible livestock producer that, during
				the 60 days prior to the beginning date of a qualifying drought or fire
				condition, as determined by the Secretary, the eligible livestock
				producer—
									(I)owned;
									(II)leased;
									(III)purchased;
									(IV)entered into a
				contract to purchase;
									(V)is a contract
				grower; or
									(VI)sold or otherwise
				disposed of due to qualifying drought conditions during—
										(aa)the
				current production year; or
										(bb)subject to
				paragraph (3)(B)(ii), 1 or both of the 2 production years immediately preceding
				the current production year.
										(ii)ExclusionThe
				term covered livestock does not include livestock that were or
				would have been in a feedlot, on the beginning date of the qualifying drought
				or fire condition, as a part of the normal business operation of the eligible
				livestock producer, as determined by the Secretary.
								(B)Drought
				monitorThe term drought monitor means a system for
				classifying drought severity according to a range of abnormally dry to
				exceptional drought, as defined by the Secretary.
							(C)Eligible
				livestock producer
								(i)In
				generalThe term eligible livestock producer means
				an eligible producer on a farm that—
									(I)is an owner, cash
				or share lessee, or contract grower of covered livestock that provides the
				pastureland or grazing land, including cash-leased pastureland or grazing land,
				for the livestock;
									(II)provides the
				pastureland or grazing land for covered livestock, including cash-leased
				pastureland or grazing land that is physically located in a county affected by
				drought;
									(III)certifies
				grazing loss; and
									(IV)meets all other
				eligibility requirements established under this subsection.
									(ii)ExclusionThe
				term eligible livestock producer does not include an owner, cash
				or share lessee, or contract grower of livestock that rents or leases
				pastureland or grazing land owned by another person on a rate-of-gain
				basis.
								(D)Normal carrying
				capacityThe term normal carrying capacity, with
				respect to each type of grazing land or pastureland in a county, means the
				normal carrying capacity, as determined under paragraph (3)(D)(i), that would
				be expected from the grazing land or pastureland for livestock during the
				normal grazing period, in the absence of a drought or fire that diminishes the
				production of the grazing land or pastureland.
							(E)Normal grazing
				periodThe term normal grazing period, with respect
				to a county, means the normal grazing period during the calendar year for the
				county, as determined under paragraph (3)(D)(i).
							(2)ProgramFor the period specified in subsection (f),
				the Secretary shall use such sums as are necessary of the funds of the
				Commodity Credit Corporation to provide compensation for losses to eligible
				livestock producers due to grazing losses for covered livestock due to—
							(A)a drought
				condition, as described in paragraph (3); or
							(B)fire, as described
				in paragraph (4).
							(3)Assistance for
				losses due to drought conditions
							(A)Eligible
				losses
								(i)In
				generalAn eligible livestock producer may receive assistance
				under this subsection only for grazing losses for covered livestock that occur
				on land that—
									(I)is native or
				improved pastureland with permanent vegetative cover; or
									(II)is planted to a
				crop planted specifically for the purpose of providing grazing for covered
				livestock.
									(ii)ExclusionsAn
				eligible livestock producer may not receive assistance under this subsection
				for grazing losses that occur on land used for haying or grazing under the
				conservation reserve program established under subchapter B of chapter 1 of
				subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et
				seq.).
								(B)Monthly payment
				rate
								(i)In
				generalExcept as provided in clause (ii), the payment rate for
				assistance under this paragraph for 1 month shall, in the case of drought, be
				equal to 60 percent of the lesser of—
									(I)the monthly feed
				cost for all covered livestock owned or leased by the eligible livestock
				producer, as determined under subparagraph (C); or
									(II)the monthly feed
				cost calculated by using the normal carrying capacity of the eligible grazing
				land of the eligible livestock producer.
									(ii)Partial
				compensationIn the case of an eligible livestock producer that
				sold or otherwise disposed of covered livestock due to drought conditions in 1
				or both of the 2 production years immediately preceding the current production
				year, as determined by the Secretary, the payment rate shall be 80 percent of
				the payment rate otherwise calculated in accordance with clause (i).
								(C)Monthly feed
				cost
								(i)In
				generalThe monthly feed cost shall equal the product obtained by
				multiplying—
									(I)30 days;
									(II)a payment
				quantity that is equal to the feed grain equivalent, as determined under clause
				(ii); and
									(III)a payment rate
				that is equal to the corn price per pound, as determined under clause
				(iii).
									(ii)Feed grain
				equivalentFor purposes of clause (i)(II), the feed grain
				equivalent shall equal—
									(I)in the case of an
				adult beef cow, 15.7 pounds of corn per day; or
									(II)in the case of
				any other type of weight of livestock, an amount determined by the Secretary
				that represents the average number of pounds of corn per day necessary to feed
				the livestock.
									(iii)Corn price per
				poundFor purposes of clause (i)(III), the corn price per pound
				shall equal the quotient obtained by dividing—
									(I)the higher
				of—
										(aa)the
				national average corn price per bushel for the 12-month period immediately
				preceding March 1 of the year for which the disaster assistance is calculated;
				or
										(bb)the
				national average corn price per bushel for the 24-month period immediately
				preceding that March 1; by
										(II)56.
									(D)Normal grazing
				period and drought monitor intensity
								(i)FSA county
				committee determinations
									(I)In
				generalThe Secretary shall determine the normal carrying
				capacity and normal grazing period for each type of grazing land or pastureland
				in the county served by the applicable committee.
									(II)ChangesNo
				change to the normal carrying capacity or normal grazing period established for
				a county under subclause (I) shall be made unless the change is requested by
				the appropriate State and county Farm Service Agency committees.
									(ii)Drought
				intensity
									(I)D2An
				eligible livestock producer that owns or leases grazing land or pastureland
				that is physically located in a county that is rated by the U.S. Drought
				Monitor as having a D2 (severe drought) intensity in any area of the county for
				at least 8 consecutive weeks during the normal grazing period for the county,
				as determined by the Secretary, shall be eligible to receive assistance under
				this paragraph in an amount equal to 1 monthly payment using the monthly
				payment rate determined under subparagraph (B).
									(II)D3An
				eligible livestock producer that owns or leases grazing land or pastureland
				that is physically located in a county that is rated by the U.S. Drought
				Monitor as having at least a D3 (extreme drought) intensity in any area of the
				county at any time during the normal grazing period for the county, as
				determined by the Secretary, shall be eligible to receive assistance under this
				paragraph—
										(aa)in
				an amount equal to 2 monthly payments using the monthly payment rate determined
				under subparagraph (B); or
										(bb)if
				the county is rated as having a D3 (extreme drought) intensity in any area of
				the county for at least 4 weeks during the normal grazing period for the
				county, or is rated as having a D4 (exceptional drought) intensity in any area
				of the county at any time during the normal grazing period, in an amount equal
				to 3 monthly payments using the monthly payment rate determined under
				subparagraph (B).
										(4)Assistance for
				losses due to fire on public managed land
							(A)In
				generalAn eligible livestock producer may receive assistance
				under this paragraph only if—
								(i)the grazing losses
				occur on rangeland that is managed by a Federal agency; and
								(ii)the eligible
				livestock producer is prohibited by the Federal agency from grazing the normal
				permitted livestock on the managed rangeland due to a fire.
								(B)Payment
				rateThe payment rate for assistance under this paragraph shall
				be equal to 50 percent of the monthly feed cost for the total number of
				livestock covered by the Federal lease of the eligible livestock producer, as
				determined under paragraph (3)(C).
							(C)Payment
				duration
								(i)In
				generalSubject to clause (ii), an eligible livestock producer
				shall be eligible to receive assistance under this paragraph for the
				period—
									(I)beginning on the
				date on which the Federal agency excludes the eligible livestock producer from
				using the managed rangeland for grazing; and
									(II)ending on the
				last day of the Federal lease of the eligible livestock producer.
									(ii)LimitationAn
				eligible livestock producer may only receive assistance under this paragraph
				for losses that occur on not more than 180 days per year.
								(5)No duplicative
				payments
							(A)In
				generalAn eligible livestock producer may elect to receive
				assistance for grazing or pasture feed losses due to drought conditions under
				paragraph (3) or fire under paragraph (4), but not both for the same loss, as
				determined by the Secretary.
							(B)Relationship to
				other assistanceAn eligible livestock producer that receives
				assistance under this subsection may not also receive assistance for losses to
				crops on the same land with the same intended use.
							(d)Emergency
				assistance for livestock, honey bees, and farm-Raised fish
						(1)In
				generalFor each fiscal year
				of the period specified in subsection (f), the Secretary shall use not more
				than $20,000,000 of the funds of the Commodity Credit Corporation to provide
				emergency relief to eligible producers of livestock, honey bees, and
				farm-raised fish to aid in the reduction of losses due to disease, adverse
				weather, or other conditions, such as blizzards and wildfires, as determined by
				the Secretary, that are not covered under subsection (b) or (c).
						(2)Use of
				fundsFunds made available under this subsection shall be used to
				reduce losses caused by feed or water shortages, disease, or other factors as
				determined by the Secretary.
						(3)Availability of
				fundsAny funds made available under this subsection shall remain
				available until expended.
						(e)Payment
				limitations
						(1)Definitions of
				legal entity and personIn this subsection, the terms legal
				entity and person have the meaning given those terms in
				section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a) (as amended
				by section 1603 of the Food, Conservation, and Energy Act of 2008)).
						(2)AmountThe
				total amount of disaster assistance payments received, directly or indirectly,
				by a person or legal entity (excluding a joint venture or general partnership)
				under this section may not exceed $100,000 for any crop year.
						(3)Direct
				attributionSubsections (e) and (f) of section 1001 of the Food
				Security Act of 1985 (7 U.S.C. 1308) or any successor provisions relating to
				direct attribution shall apply with respect to assistance provided under this
				section.
						(f)Effective
				period; retroactive effectivenessThis section shall take effect as of
				October 1, 2011, and apply to losses described in subsections (b), (c), and (d)
				that are incurred during the seven-fiscal-year period beginning on that date
				and ending on September 30,
				2018.
					.


110 HR 6825 IH: To direct the Secretary of the Interior to assess the

U.S. House of Representatives
2008-08-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6825
		IN THE HOUSE OF REPRESENTATIVES

			August 1, 2008
			Mr. Salazar
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To direct the Secretary of the Interior to assess the
		  irrigation infrastructure of the Pine River Indian Irrigation Project in the
		  State of Colorado, and for other purposes.

		1.FINDINGSCongress finds the following:
			(1)Drought, population increases, and
			 environmental needs are exacerbating water supply issues across the western
			 United States, including on the Southern Ute Indian Reservation in southwestern
			 Colorado.
			(2)A report of the General Accounting Office
			 from 2006 identified significant issues with the Pine River Indian Irrigation
			 Project, including that key facilities of the Pine River Indian Irrigation
			 Project are severely deteriorated and barely, if at all, operable.
			(3)Operations and maintenance fees are not
			 sufficient to address the Pine River Indian Irrigation Project’s condition,
			 even though the Bureau of Indian Affairs has sought to double those fees, from
			 $8.50 to $17.00, in recent years.
			(4)The 2006 General Accounting Office report
			 also notes that a prior study done by the Bureau of Reclamation found that
			 water users could not even afford to pay the lower operations and maintenance
			 fees of $8.50 and operate a profitable farming operation.
			(5)The benefits of rehabilitating and
			 repairing the Pine River Indian Irrigation Project’s irrigation infrastructure
			 include—
				(A)water conservation;
				(B)extending available water supply;
				(C)increasing agricultural production;
				(D)economic benefits;
				(E)safer facilities; and
				(F)preserving the culture of the Southern Ute
			 Indian Tribe.
				(6)While the Pine River Indian Irrigation
			 Project is currently managed by the Bureau of Indian Affairs, the Southern Ute
			 Indian Tribe also receives water from facilities owned or operated by the
			 Bureau of Reclamation.
			(7)Rehabilitation and repair of the Pine River
			 Indian Irrigation Project’s infrastructure by the Bureau of Reclamation would
			 improve—
				(A)overall water management; and
				(B)the ability of the Southern Ute Indian
			 Tribe and the Bureau of Reclamation to address potential water
			 conflicts.
				2.DefinitionsIn this Act—
			(1)ProjectThe term project means the
			 Pine River Indian Irrigation Project.
			(2)SecretaryThe term Secretary means the
			 Secretary of the Interior.
			(3)StateThe
			 term State means the State of Colorado.
			(4)Tribal
			 CouncilThe term Tribal
			 Council means the Southern Ute Indian Tribal Council.
			(5)TribeThe term Tribe means the
			 Southern Ute Indian Tribe.
			3.Project
			 INFRASTRUCTURE STUDY
			(a)StudyThe Secretary, in consultation with the
			 Tribe, shall conduct a study of the project’s irrigation infrastructure.
			(b)Improvements
				(1)ListBased
			 on the results of the study required under subsection (a), the Secretary, in
			 consultation with the Tribe, shall develop a list of improvements to repair,
			 rehabilitate, or reconstruct the project over a 10-year period. The list shall
			 include cost-estimates for each improvement.
				(2)PriorityIn developing the list of improvements, the
			 Secretary shall prioritize the improvements based on—
					(A)recommendations of
			 the Tribe;
					(B)cost-benefit
			 analyses;
					(C)the ability of the project’s users to
			 irrigate agricultural land using the project’s irrigation
			 infrastructure;
					(D)the effect on the conservation of
			 water;
					(E)the cultural benefits that the improvements
			 would have on the Tribe; and
					(F)the opportunity to address water supply or
			 environmental conflicts.
					(c)ConsultationThe Secretary may consult with the Director
			 of the Bureau of Indian Affairs and any other local or Federal official to
			 assist developing the study or list of improvements.
			(d)ReportNot later than 18 months after the date of
			 the enactment of this Act, the Secretary shall submit to the Committee on
			 Energy and Natural Resources of the Senate, the Committee on Natural Resources
			 of the House of Representatives, and the Tribe a report including—
				(1)the list of improvements required under
			 subsection (b); and
				(2)any findings the Secretary determines
			 relevant.
				(e)Biennial
			 ReviewNot later than 2 years
			 after the date on which the Secretary submits the report under subsection (d),
			 and biennially thereafter, the Secretary, in consultation with the Tribe,
			 shall—
				(1)review the report; and
				(2)update the list of improvements in
			 accordance with subsection (b)(2) as the Secretary determines to be
			 appropriate.
				4.IRRIGATION
			 INFRASTRUCTURE GRANTS and Cooperative Agreements
			(a)In
			 GeneralThe Secretary may
			 provide grants to, and enter into cooperative agreements with, the Tribe in
			 order to repair, rehabilitate, reconstruct, or replace the project’s irrigation
			 infrastructure.
			(b)LimitationA grant or cooperative agreement under this
			 section shall not be used for—
				(1)the repair, rehabilitation, or
			 reconstruction of any major impoundment structure; or
				(2)any on-farm
			 improvements.
				(c)ConsultationIn carrying out a grant or cooperative
			 agreement under subsection (a), the Secretary shall—
				(1)consult with, and
			 obtain the approval of, the Tribe;
				(2)consult with the
			 Director of the Bureau of Indian Affairs; and
				(3)as appropriate,
			 coordinate the project with any work being conducted under the irrigation
			 operations and maintenance program of the Bureau of Indian Affairs.
				(d)Cost-sharingThe Secretary may require that to be
			 eligible for a grant or cooperative agreement under this section, the Tribe
			 shall provide matching, non-Federal funds in an amount equal to not less than
			 25 percent of the total amount of the grant or cooperative agreement.
			5.Federal and State
			 LawNothing in this
			 Act—
			(1)affects the right
			 of the Tribe to receive, divert, store, or claim a right to water, including
			 the priority of right and the quantity of water associated with the water right
			 under Federal or State law; or
			(2)preempts or
			 affects—
				(A)State water law;
			 or
				(B)an interstate compact relating to the
			 allocation of water.
				6.Authorization of
			 Appropriations
			(a)StudyThere is authorized to be appropriated to
			 carry out section 3 $4,000,000.
			(b)ProjectsThere is authorized to be appropriated to
			 carry out section 4 $10,000,000 for each of fiscal years 2010 through
			 2015.


109 HR 3081 IH: Renewable Fuels Act of 2005
U.S. House of Representatives
2005-06-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 3081
IN THE HOUSE OF REPRESENTATIVES

June 28, 2005
Mr. Gutknecht (for himself, Ms. Herseth, Mr. Goodlatte, Mr. Peterson of Minnesota, Mr. Scott of Georgia, Mr. LaHood, Mr. Boswell, Mr. Osborne, Mr. Fortenberry, Mr. Salazar, Mr. Butterfield, Ms. Foxx, Mr. Moran of Kansas, Mr. Kennedy of Minnesota, Mr. King of Iowa, Mr. Johnson of Illinois, Mr. Burton of Indiana, and Mr. Latham) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Agriculture and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend the Clean Air Act to increase the production and use of renewable fuel in the United States and to increase the energy independence of the United States, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Renewable Fuels Act of 2005.
(b)Table of ContentsThe table of contents of this Act is as follows:

Sec. 1. Short title; table of contents
Title I—GENERAL PROVISIONS
Sec. 101. Renewable content of motor vehicle fuel
Sec. 102. Federal agency ethanol-blended gasoline, and biodiesel, purchasing requirement
Sec. 103. Monthly survey of renewable fuels demand in motor vehicle fuels market
Sec. 104. Commodity credit corporation bioenergy program
Title II—FEDERAL REFORMULATED FUELS
Sec. 201. Elimination of oxygen content requirement for reformulated gasoline
Sec. 202. Public health and environmental impacts of fuels and fuel additives
Sec. 203. Analyses of motor vehicle fuel changes
Sec. 204. Additional opt-in areas under reformulated gasoline program
Sec. 205. Federal enforcement of State fuels requirements
Sec. 206. Fuel system requirements harmonization study
Sec. 207. Review of Federal procurement initiatives relating to use of recycled products and fleet and transportation efficiency
Sec. 208. Report on renewable motor fuel
IGeneral provisions
101.Renewable content of motor vehicle fuel
(a)In generalSection 211 of the Clean Air Act (42 U.S.C. 7545) is amended—
(1)by redesignating subsection (o) as subsection (q); and
(2)by inserting after subsection (n) the following:

(o)Renewable fuel program
(1)DefinitionsIn this subsection:
(A)Ethanol
(i)Cellulosic biomass ethanolThe term cellulosic biomass ethanol means ethanol derived from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis. The term includes the material specified in clauses (i) through (vi) of section 9001(3)(B) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. (8101(3)(B)).
(ii)Waste derived ethanolThe term waste derived ethanol means ethanol derived from—
(I)material specified in clauses (vii) and (viii) of section 9001(3)(B) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. (8101(3)(B)); or
(II)municipal solid waste.
(B)Renewable fuel
(i)In generalThe term renewable fuel means motor vehicle fuel that—
(I)
(aa)is produced from grain, starch, oilseeds, wood fiber, or other biomass; or
(bb) is natural gas produced from a biogas source, including a landfill, sewage waste treatment plant, feedlot, paper mill, or other place where decaying organic material is found; and
(II)is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle.
(ii)InclusionThe term `renewable fuel' includes—
(I)cellulosic biomass ethanol;
(II) waste derived ethanol;
(III)biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)); and
(IV)any blending components derived from renewable fuel, except that only the renewable fuel portion of any such blending component shall be considered part of the applicable volume under the renewable fuel program established by this subsection.
(C)Small refineryThe term `small refinery' means a refinery for which average aggregate daily crude oil throughput for the calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.
(2)Renewable fuel program
(A)In general
(i)RegulationsNot later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations ensuring that motor vehicle fuel sold or dispensed to consumers in the contiguous United States, on an annual average basis, contains the applicable volume of renewable fuel specified in subparagraph (B).
(ii)ComplianceRegardless of the date of promulgation, the regulations shall contain compliance provisions for refiners, blenders, and importers, as appropriate, to ensure that the requirements of this subsection are met, but shall not restrict where renewable fuel can be used, or impose any per-gallon obligation for the use of renewable fuel.
(iii)No regulationsIf the Administrator does not promulgate the regulations, the applicable percentage referred to in paragraph (3), on a volume percentage of gasoline basis, shall be 3.2 in 2006.
(B)Applicable volume
(i)For the purpose of subparagraph (A), the applicable volume for any of calendar years 2006 through 2012 shall be determined in accordance with the following table:

Calendar year: Applicable volume of renewable fuel (in billions of gallons):
20064.0
20074.7
20085.4
20096.1
20106.8
20117.4
20128.0
(ii)Calendar years 2013 and thereafterFor the purpose of subparagraph (A), the applicable volume for calendar year 2013 and each calendar year thereafter shall be determined by the Administrator, in coordination with the Secretary of Energy and the Secretary of Agriculture. In determining the applicable volume for a calendar year, the Administrator shall take into consideration the following reviews:
(I)The Administrator shall review the implementation of the program since calendar year 2006 and the impact of the use of renewable fuels on the environment, air quality, energy security, and job creation.
(II)The Secretary of Agriculture shall review the rate of production of cellulosic ethanol and waste derived ethanol (other than municipal solid waste) since calendar year 2006, the anticipated future production of such cellulosic ethanol and waste derived ethanol, and the impact of the use of renewable fuels on rural economic development.
(iii)LimitationAn increase in the applicable volume for a calendar year under clause (ii) shall be not less than the product obtained by multiplying—
(I)the number of gallons of gasoline that the Administrator estimates will be sold or introduced into commerce during the calendar year; and
(II)the quotient obtained by dividing—
(aa)8,000,000,000; by
(bb)the number of gallons of gasoline sold or introduced into commerce during calendar year 2012.
(3)Applicable percentages
(A)Provision of estimate of volumes of gasoline salesNot later than October 31 of each of calendar years 2006 through 2011, the Administrator of the Energy Information Administration shall provide to the Administrator of the Environmental Protection Agency an estimate of the volumes of gasoline that will be sold or introduced into commerce in the United States during the following calendar year.
(B)Determination of applicable percentages
(i)In generalNot later than November 30 of each of calendar years 2006 through 2011, based on the estimate provided under subparagraph (A), the Administrator shall determine and publish in the Federal Register, with respect to the following calendar year, the renewable fuel obligation that ensures that the requirements under paragraph (2) are met.
(ii)Required elementsThe renewable fuel obligation determined for a calendar year under clause (i) shall—
(I)be applicable to refiners, blenders, and importers, as appropriate;
(II)be expressed in terms of a volume percentage of gasoline sold or introduced into commerce; and
(III)subject to subparagraph (C)(i), consist of a single applicable percentage that applies to all categories of persons specified in subclause (I).
(C)AdjustmentsIn determining the applicable percentage for a calendar year, the Administrator shall make adjustments—
(i) to prevent the imposition of redundant obligations to any person specified in subparagraph (B)(ii)(I); and
(ii)to account for the use of renewable fuel during the previous calendar year by small refineries that are exempt under paragraph (11).
(4)EquivalencyFor the purpose of paragraph (2), 1 gallon of either cellulosic biomass ethanol or waste derived ethanol shall be considered to be the equivalent of 2.5 gallons of renewable fuel.
(5)Credit program
(A)RegulationsThe regulations promulgated to carry out this subsection shall provide for—
(i)the generation of an appropriate amount of credits by any person that refines, blends, or imports gasoline that contains a quantity of renewable fuel that is greater than the quantity required under paragraph (2);
(ii)the generation of an appropriate amount of credits for biodiesel fuel; and
(iii)if a small refinery notifies the Administrator that the small refinery waives the exemption provided by this subsection, the generation of credits by the small refinery beginning in the year following the notification.
(B)Use of credits.A person that generates credits under subparagraph (A) may use the credits, or transfer all or a portion of the credits to another person, for the purpose of complying with paragraph (2).
(C)Life of creditsA credit generated under this paragraph shall be valid to demonstrate compliance for the calendar year in which the credit was generated.
(D)Inability to purchase sufficient creditsThe regulations promulgated to carry out this subsection shall include provisions permitting any person that is unable to generate or purchase sufficient credits to meet the requirement under paragraph (2) to carry forward a renewables deficit if, for the calendar year following the year in which the renewables deficit is created—
(i)the person achieves compliance with the renewables requirement under paragraph (2); and
(ii)generates or purchases additional renewables credits to offset the renewables deficit of the preceding year.
(6)Seasonal variations in renewable fuel use
(A)StudyFor each of calendar years 2006 through 2012, the Administrator of the Energy Information Administration, in consultation with the Secretary of Agriculture, shall conduct a study of renewable fuels blending to determine whether there are excessive seasonal variations in the use of renewable fuels.
(B)Regulation of excessive seasonal variationIf, for any calendar year, the Administrator of the Energy Information Administration, based on the study under subparagraph (A), makes the determinations specified in subparagraph (C), the Administrator shall promulgate regulations to ensure that 35 percent or more of the quantity of renewable fuels necessary to meet the requirements under paragraph (2) is used during each of the periods specified in subparagraph (D) of each subsequent calendar year.
(C)DeterminationsThe determinations referred to in subparagraph (B) are that—
(i)less than 35 percent of the quantity of renewable fuels necessary to meet the requirements under paragraph (2) has been used during 1 of the periods specified in subparagraph (D) of the calendar year;
(ii)a pattern of excessive seasonal variation described in clause (i) will continue in subsequent calendar years; and
(iii)promulgating regulations or other requirements to impose a 35 percent or more seasonal use of renewable fuels will not prevent or interfere with the attainment of national ambient air quality standards or significantly increase the price of motor fuels to the consumer.
(D)PeriodsThe 2 periods referred to in this paragraph are—
(i)April through September; and
(ii)January through March and October through December.
(E)ExclusionsRenewable fuels blended or consumed in 2006 in a State that has received a waiver under section 209(b) shall not be included in the study under subparagraph (A).
(7)Waivers
(A)In generalThe Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, may waive the requirements under paragraph (2), in whole or in part, on a petition by 1 or more States by reducing the national quantity of renewable fuel required under this subsection—
(i)based on a determination by the Administrator, after public notice and opportunity for comment, that implementation of the requirement would severely harm the economy or environment of a State, a region, or the United States; or
(ii)based on a determination by the Administrator and the Secretary of Agriculture, after public notice and opportunity for comment, that there is an inadequate domestic supply to meet the requirement.
(B)Petitions for waivers.Not later than 90 days after the date on which a petition is received by the Administrator under subparagraph (A), the Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall approve or disapprove the petition.
(C)Termination of waiversA waiver granted under subparagraph (A) shall terminate on the date that is 1 year after the date on which the waiver was granted, but may be renewed by the Administrator, after consultation with the Secretary of Agriculture and the Secretary of Energy.
(8)Small refineries
(A)In generalParagraph (2) shall not apply to small refineries until the first calendar year beginning more than 5 years after the first year set forth in the table in paragraph (2)(B)(i).
(B)StudyNot later than December 31, 2008, the Secretary of Energy shall complete for the Administrator a study to determine whether the requirements under paragraph (2) would impose a disproportionate economic hardship on small refineries.
(C)Small refineries and economic hardshipFor any small refinery that the Secretary of Energy determines would experience a disproportionate economic hardship, the Administrator shall extend the small refinery exemption for the small refinery for not less than 2 additional years.
(D)Economic hardship
(i)Extension of exemptionA small refinery may at any time petition the Administrator for an extension of the exemption from the requirements under paragraph (2) for the reason of disproportionate economic hardship.
(ii)EvaluationIn evaluating a hardship petition, the Administrator, in consultation with the Secretary of Energy, shall consider the findings of the study in addition to other economic factors.
(iii)Deadline for action on petitionsThe Administrator shall act on any petition submitted by a small refinery for a hardship exemption not later than 90 days after the receipt of the petition.
(E)Credit programParagraph (6)(A)(iii) shall apply to each small refinery that waives an exemption under this paragraph.
(F)Opt-in for small refinersA small refinery shall be subject to paragraph (2) if the small refinery notifies the Administrator that the small refinery waives the exemption under subparagraph (C).
(p)Renewable fuel safe harbor
(1)Safe harborNotwithstanding any other provision of Federal or State law, a renewable fuel (as defined in subsection (o)(1)) that is used or intended to be used as a motor vehicle fuel and any motor vehicle fuel containing renewable fuel (as so defined) shall not be considered or determined to be defective in design or manufacture by reason of the fact that the fuel is, or contains, renewable fuel, if—
(A)the fuel does not violate a control or prohibition imposed by the Administrator under this section; and
(B)the manufacturer of the fuel is in compliance with all requests for information under subsection (b).
(2)When safe harbor not applicableIn any case in which paragraph (1) does not apply to a quantity of fuel, the existence of a design defect or manufacturing defect with respect to the fuel shall be determined under otherwise applicable law.
(3)Exception to safe harborParagraph (1) does not apply to ethers.
(4)Effective dateParagraph (1) applies with respect to any claim filed on or after the date of the enactment of the Renewable Fuels Act of 2005..
(b)Penalties and enforcementSection 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended—
(1)in paragraph (1)—
(A)in the first sentence, by striking or (n) and inserting (n), or (o) each place it appears; and
(B)in the second sentence, by striking or (m) and inserting (m), or (o); and
(2)in the first sentence of paragraph (2), by striking and (n) and inserting (n), and (o) each place it appears.
102.Federal agency ethanol-blended gasoline, and biodiesel, purchasing requirementTitle III of the Energy Policy Act of 1992 is amended by striking section 306 (42 U.S.C. 13215) and inserting the following:

306.Federal agency ethanol-blended gasoline and biodiesel purchasing requirement
(a)Ethanol-blended gasolineThe head of each Federal agency shall ensure that, in areas in which ethanol-blended gasoline is reasonably available at a generally competitive price, the Federal agency purchases ethanol-blended gasoline containing at least 10 percent ethanol rather than nonethanol-blended gasoline, for use in vehicles used by the agency that use gasoline.
(b)Biodiesel
(1)Definition of biodieselIn this subsection, the term biodiesel has the meaning given the term in section 312(f).
(2)RequirementThe head of each Federal agency shall ensure that the Federal agency purchases, for use in fueling fleet vehicles that use diesel fuel used by the Federal agency at the location at which fleet vehicles of the Federal agency are centrally fueled, in areas in which the biodiesel-blended diesel fuel described in subparagraphs (A) and (B) is available at a generally competitive price—
(A)as of the date that is 5 years after the date of enactment of this paragraph, biodiesel-blended diesel fuel that contains at least 2 percent biodiesel, rather than nonbiodiesel-blended diesel fuel; and
(B)as of the date that is 10 years after the date of enactment of this paragraph, biodiesel-blended diesel fuel that contains at least 20 percent biodiesel, rather than nonbiodiesel-blended diesel fuel.
(3)Requirement of federal lawThe provisions of this subsection shall not be considered a requirement of Federal law for the purposes of section 312.
(c)ExemptionThis section does not apply to fuel used in vehicles excluded from the definition of fleet by subparagraphs (A) through (H) of section 301(9)..
103.Monthly survey of renewable fuels demand in motor vehicle fuels market
(a)Survey requiredThe Secretary of Agriculture, with the assistance of the Administrator of the Energy Information Administration, shall conduct and publish the results of a monthly survey of renewable fuels demand in the motor vehicle fuels market in the United States monthly, and in a manner designed to protect the confidentiality of individual responses.
(b)Content of surveyIn conducting the monthly survey required by subsection (a), the Secretary of Agriculture shall collect information, both on a national and regional basis, regarding—
(1)the quantity of renewable fuels produced;
(2)the quantity of renewable fuels blended;
(3)the quantity of renewable fuels imported;
(4)the quantity of renewable fuels demanded; and
(5)the market price of renewable fuels.
(c)Role of office of energy policy and new usesThe Office of Energy Policy and New Uses of the Department of Agriculture shall assist the Secretary of Agriculture in evaluating the effectiveness of the renewable fuels mandate of the United States.
(d)Renewable fuels definedIn this section, the term renewable fuel has the meaning given that term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)).
104.Commodity credit corporation bioenergy program In order to assist with the implementation of the national renewable fuels standard, funds made available under section 9010(c) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108) for the bioenergy program of the Department of Agriculture for a fiscal year and unobligated by the end of that fiscal year shall remain available for obligation until expended.
IIFederal reformulated fuels
201.Elimination of oxygen content requirement for reformulated gasoline
(a)Elimination
(1)In generalSection 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) is amended—
(A)in paragraph (2)—
(i)in the second sentence of subparagraph (A), by striking (including the oxygen content requirement contained in subparagraph (B));
(ii)by striking subparagraph (B); and
(iii)by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively;
(B)in paragraph (3)(A), by striking clause (v); and
(C)in paragraph (7)—
(i)in subparagraph (A)—
(I)by striking clause (i); and
(II)by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and
(ii)in subparagraph (C)—
(I)by striking clause (ii); and
(II)by redesignating clause (iii) as clause (ii).
(2)Effective dateThe amendments made by paragraph (1) take effect on the date that is 1 year after the date of enactment of this Act, except that the amendments shall take effect upon that date of enactment in any State that has received a waiver under section 209(b) of the Clean Air Act (42 U.S.C. 7543(b)).
(b)Maintenance of toxic air pollutant emission reductionsSection 211(k)(1) of the Clean Air Act (42 U.S.C. 7545(k)(1)) is amended—
(1)by striking Within 1 year after the enactment of the Clean Air Act Amendments of 1990, and inserting the following:

(A)In generalNot later than November 15, 1991,; and
(2)by adding at the end the following:

(B)Maintenance of toxic air pollutant emissions reductions from reformulated gasoline
(i)Definition of paddIn this subparagraph, the term PADD means a Petroleum Administration for Defense District.
(ii)Regulations regarding emissions of toxic air pollutantsNot later than 270 days after the date of enactment of this subparagraph, the Administrator shall establish, for each refinery or importer, standards for toxic air pollutants from use of the reformulated gasoline produced or distributed by the refinery or importer that maintain the reduction of the average annual aggregate emissions of toxic air pollutants for reformulated gasoline produced or distributed by the refinery or importer during calendar years 2001 and 2002, determined on the basis of data collected by the Administrator with respect to the refinery or importer.
(iii)Standards applicable to specific refineries or importers
(I)Applicability of standardsFor any calendar year, the standards applicable to a refinery or importer under clause (ii) shall apply to the quantity of gasoline produced or distributed by the refinery or importer in the calendar year only to the extent that the quantity is less than or equal to the average annual quantity of reformulated gasoline produced or distributed by the refinery or importer during calendar years 2001 and 2002.
(II)Applicability of other standardsFor any calendar year, the quantity of gasoline produced or distributed by a refinery or importer that is in excess of the quantity subject to subclause (I) shall be subject to standards for toxic air pollutants promulgated under subparagraph (A) and paragraph (3)(B).
(iv)Credit programThe Administrator shall provide for the granting and use of credits for emissions of toxic air pollutants in the same manner as provided in paragraph (7).
(v)Regional protection of toxics reduction baselines
(I)In generalNot later than 60 days after the date of enactment of this subparagraph, and not later than April 1 of each calendar year that begins after that date of enactment, the Administrator shall publish in the Federal Register a report that specifies, with respect to the previous calendar year—
(aa)the quantity of reformulated gasoline produced that is in excess of the average annual quantity of reformulated gasoline produced in 2001 and 2002; and
(bb)the reduction of the average annual aggregate emissions of toxic air pollutants in each PADD, based on retail survey data or data from other appropriate sources.
(II)Effect of failure to maintain aggregate toxics reductionsIf, in any calendar year, the reduction of the average annual aggregate emissions of toxic air pollutants in a PADD fails to meet or exceed the reduction of the average annual aggregate emissions of toxic air pollutants in the PADD in calendar years 2001 and 2002, the Administrator, not later than 90 days after the date of publication of the report for the calendar year under subclause (I), shall—
(aa)identify, to the maximum extent practicable, the reasons for the failure, including the sources, volumes, and characteristics of reformulated gasoline that contributed to the failure; and
(bb)promulgate revisions to the regulations promulgated under clause (ii), to take effect not earlier than 180 days but not later than 270 days after the date of promulgation, to provide that, notwithstanding clause (iii)(II), all reformulated gasoline produced or distributed at each refinery or importer shall meet the standards applicable under clause (ii) not later than April 1 of the year following the report under this subclause and for subsequent years.
(vi)Regulations to control hazardous air pollutants from motor vehicles and motor vehicle fuelsNot later than July 1, 2006, the Administrator shall promulgate final regulations to control hazardous air pollutants from motor vehicles and motor vehicle fuels, as provided for in section 80.1045 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph)..
(c)Consolidation in reformulated gasoline regulationsNot later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall revise the reformulated gasoline regulations under subpart D of part 80 of title 40, Code of Federal Regulations (or any successor regulations), to consolidate the regulations applicable to VOC-Control Regions 1 and 2 under section 80.41 of that title by eliminating the less stringent requirements applicable to gasoline designated for VOC-Control Region 2 and instead applying the more stringent requirements applicable to gasoline designated for VOC-Control Region 1.
(d)Authority of AdministratorNothing in this section affects or prejudices any legal claim or action with respect to regulations promulgated by the Administrator of the Environmental Protection Agency before the date of enactment of this Act regarding—
(1)emissions of toxic air pollutants from motor vehicles; or
(2)the adjustment of standards applicable to a specific refinery or importer made under the prior regulations.
(e)Determination regarding a state petitionSection 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) is amended by inserting after paragraph (10) the following:

(11)Determination regarding a state petition—
(A)In general- Notwithstanding any other provision of this section, not later than 30 days after the date of enactment of this paragraph, the Administrator shall determine the adequacy of any petition received from a Governor of a State to exempt gasoline sold in that State from the requirements under paragraph (2)(B).
(B)ApprovalIf a determination under subparagraph (A) is not made by the date that is 30 days after the date of enactment of this paragraph, the petition shall be considered to be approved..
202.Public health and environmental impacts of fuels and fuel additivesSection 211(b) of the Clean Air Act (42 U.S.C. 7545(b)) is amended—
(1)in paragraph (2)—
(A)by striking may also and inserting shall, on a regular basis,; and
(B)by striking subparagraph (A) and inserting the following:

(A)to conduct tests to determine potential public health and environmental effects of the fuel or additive (including carcinogenic, teratogenic, or mutagenic effects); and; and
(2)by adding at the end the following:

(4)Study on certain fuel additives and blendstocks
(A)In generalNot later than 2 years after the date of enactment of this paragraph, the Administrator shall—
(i)conduct a study on the effects on public health, air quality, and water resources of increased use of, and the feasibility of using as substitutes for methyl tertiary butyl ether in gasoline—
(I)ethyl tertiary butyl ether;
(II)tertiary amyl methyl ether;
(III)di-isopropyl ether;
(IV)tertiary butyl alcohol;
(V)other ethers and heavy alcohols, as determined by the Administrator;
(VI)ethanol;
(VII)iso-octane; and
(VIII)alkylates;
(ii)conduct a study on the effects on public health, air quality, and water resources of the adjustment for ethanol-blended reformulated gasoline to the VOC performance requirements otherwise applicable under sections 211(k)(1) and 211(k)(3); and
(iii)submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of these studies.
(B)Contracts for studyIn carrying out this paragraph, the Administrator may enter into one or more contracts with nongovernmental entities including but not limited to National Energy Laboratories and institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001))..
203.Analyses of motor vehicle fuel changesSection 211 of the Clean Air Act (42 U.S.C. 7545) is amended by inserting after subsection (o) (as added by section 101(a)(2)) the following:

(p)Analyses of motor vehicle fuel changes and emissions model
(1)Anti-backsliding analysis
(A)Draft analysisNot later than 4 years after the date of enactment of this subsection, the Administrator shall publish for public comment a draft analysis of the changes in emissions of air pollutants and air quality due to the use of motor vehicle fuel and fuel additives resulting from implementation of the amendments made by the Renewable Fuels Act of 2005.
(B)Final analysisAfter providing a reasonable opportunity for comment, but not later than 5 years after the date of enactment of this paragraph, the Administrator shall publish the analysis in final form.
(2)Emissions modelFor the purposes of this subsection, as soon as the necessary data are available, the Administrator shall develop and finalize an emissions model that reasonably reflects the effects of gasoline characteristics or components on emissions from vehicles in the motor vehicle fleet during calendar year 2005..
204.Additional opt-in areas under reformulated gasoline programSection 211(k)(6) of the Clean Air Act (42 U.S.C. 7545(k)(6)) is amended to read as follows:
(1)by striking (6) Opt-in areas.—(A) Upon and inserting the following:

(6)Opt-in areas
(A)Classified areas
(i)In generalUpon;
(2)in subparagraph (B), by striking (B) If and inserting the following:

(ii)Effect of insufficient domestic capacity to produce reformulated gasolineIf;
(3)in subparagraph (A)(ii) (as redesignated by paragraph (2))—
(A)in the first sentence, by striking subparagraph (A) and inserting clause (i); and
(B)in the second sentence, by striking this paragraph and inserting this subparagraph; and
(4)by adding at the end the following:

(B)Ozone transport region
(i)Application of prohibition
(I)In generalIn addition to the provisions of subparagraph (A), upon the application of the Governor of a State in the ozone transport region established by section 184(a),the Administrator, not later than 180 days after the date of receipt of the application, shall apply the prohibition specified in paragraph (5) to any area in the State (other than an area classified as a marginal, moderate, serious, or severe ozone nonattainment area under subpart 2 of part D of title I) unless the Administrator determines under clause (iii) that there is insufficient capacity to supply reformulated gasoline.
(II)Publication of applicationAs soon as practicable after the date of receipt of an application under subclause (I), the Administrator shall publish the application in the Federal Register.
(ii)Period of applicabilityUnder clause (i), the prohibition specified in paragraph (5) shall apply in a State—
(I)commencing as soon as practicable but not later than 2 years after the date of approval by the Administrator of the application of the Governor of the State; and
(II)ending not earlier than 4 years after the commencement date determined under subclause (I).
(iii)Extension of commencement date based on insufficient capacity
(I)In generalIf, after receipt of an application from a Governor of a State under clause (i), the Administrator determines, on the Administrator's own motion or on petition of any person, after consultation with the Secretary of Energy, that there is insufficient capacity to supply reformulated gasoline, the Administrator, by regulation—
(aa)shall extend the commencement date with respect to the State under clause (ii)(I) for not more than 1 year; and
(bb)may renew the extension under item (aa) for 2 additional periods, each of which shall not exceed 1 year.
(II)Deadline for action on petitionsThe Administrator shall act on any petition submitted under subclause (I) not later than 180 days after the date of receipt of the petition..
205.Federal enforcement of State fuels requirementsSection 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended—
(1)by striking (C) A State and inserting the following:

(C)Authority of state to control fuels and fuel additives for reasons of necessity
(i)In generalA State; and
(2)by adding at the end the following:

(ii)Enforcement by the AdministratorIn any case in which a State prescribes and enforces a control or prohibition under clause (i), the Administrator, at the request of the State, shall enforce the control or prohibition as if the control or prohibition had been adopted under the other provisions of this section..
206.Fuel system requirements harmonization study
(a)Study
(1)In generalThe Administrator of the Environmental Protection Agency and the Secretary of Energy shall jointly conduct a study of Federal, State, and local requirements concerning motor vehicle fuels, including—
(A)requirements relating to reformulated gasoline, volatility (measured in Reid vapor pressure), oxygenated fuel, and diesel fuel; and
(B)other requirements that vary from State to State, region to region, or locality to locality.
(2)Required elementsThe study shall assess—
(A)the effect of the variety of requirements described in paragraph (1) on the supply, quality, and price of motor vehicle fuels available to the consumer;
(B)the effect of the requirements described in paragraph (1) on achievement of—
(i)national, regional, and local air quality standards and goals; and
(ii)related environmental and public health protection standards and goals;
(C)the effect of Federal, State, and local motor vehicle fuel regulations, including multiple motor vehicle fuel requirements, on—
(i)domestic refineries;
(ii)the fuel distribution system; and
(iii)industry investment in new capacity;
(D)the effect of the requirements described in paragraph (1) on emissions from vehicles, refineries, and fuel handling facilities;
(E)the feasibility of developing national or regional motor vehicle fuel slates for the 48 contiguous States that, while protecting and improving air quality at the national, regional, and local levels, could—
(i)enhance flexibility in the fuel distribution infrastructure and improve fuel fungibility;
(ii)reduce price volatility and costs to consumers and producers;
(iii)provide increased liquidity to the gasoline market; and
(iv)enhance fuel quality, consistency, and supply; and
(F)the feasibility of providing incentives, and the need for the development of national standards necessary, to promote cleaner burning motor vehicle fuel.
(b)Report
(1)In generalNot later than June 1, 2006, the Administrator of the Environmental Protection Agency and the Secretary of Energy shall submit to Congress a report on the results of the study conducted under subsection (a).
(2)Recommendations
(A)In generalThe report shall contain recommendations for legislative and administrative actions that may be taken—
(i)to improve air quality;
(ii)to reduce costs to consumers and producers; and
(iii)to increase supply liquidity.
(B)Required considerationsThe recommendations under subparagraph (A) shall take into account the need to provide advance notice of required modifications to refinery and fuel distribution systems in order to ensure an adequate supply of motor vehicle fuel in all States.
(3)ConsultationIn developing the report, the Administrator of the Environmental Protection Agency and the Secretary of Energy shall consult with—
(A)the Governors of the States;
(B)automobile manufacturers;
(C)motor vehicle fuel producers and distributors; and
(D)the public.
207.Review of Federal procurement initiatives relating to use of recycled products and fleet and transportation efficiencyNot later than 180 days after the date of enactment of this Act, the Administrator of General Services shall submit to Congress a report that details efforts by each Federal agency to implement the procurement policies specified in Executive Order No. 13101 (63 Fed. Reg. 49643; relating to governmental use of recycled products) and Executive Order No. 13149 (65 Fed. Reg. 24607; relating to Federal fleet and transportation efficiency).
208.Report on renewable motor fuelNot later than January 1, 2007, the Secretary of Energy and the Secretary of Agriculture shall jointly prepare and submit to Congress a report containing recommendations for achieving, by January 1, 2025, at least 25 percent renewable fuel content (calculated on an average annual basis) for all gasoline sold or introduced into commerce in the United States.


 HR 2333 ENR: Support for Suicide Prevention Coordinators Act
U.S. House of Representatives

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.

IB
One Hundred Sixteenth Congress of the United States of AmericaAt the First SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and nineteen
H. R. 2333

AN ACT
To direct the Comptroller General of the United States to conduct an assessment of the responsibilities, workload, and vacancy rates of Department of Veterans Affairs suicide prevention coordinators, and for other purposes.

1.Short titleThis Act may be cited as the Support for Suicide Prevention Coordinators Act.  2.Comptroller General assessment of responsibilities, workload, and vacancy rates of Department of Veterans Affairs suicide prevention coordinators (a)Assessment requiredThe Comptroller General of the United States shall conduct an assessment of the responsibilities, workload, training, and vacancy rates of Department of Veterans Affairs suicide prevention coordinators. Such assessment shall include a determination of—
(1)the extent to which the use and staffing of suicide prevention coordinators varies between Department facilities; and  (2)the extent to which the Secretary provides oversight of suicide prevention coordinators.
(b)Report to CongressNot later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report containing the findings of the assessment required by subsection (a).   Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


		III
		Calendar No. 421
		111th CONGRESS
		2d Session
		S. RES. 339
		IN THE SENATE OF THE UNITED STATES

			November 5, 2009
			Mr. Specter (for
			 himself, Mr. Kaufman,
			 Mr. Cornyn, Mr.
			 Feingold, Mr. Durbin,
			 Ms. Klobuchar, Mr. Whitehouse, Mr.
			 Schumer, Mrs. Gillibrand, and
			 Mr. Leahy) submitted the following
			 resolution; which was referred to the Committee on the Judiciary

			June 8, 2010
			 Reported by Mr.
			 Leahy, without amendment

		RESOLUTION
		To express the sense of the Senate in
		  support of permitting the televising of Supreme Court
		  proceedings.

		1.Sense of the SenateIt is the sense of the Senate that the
			 Supreme Court should permit live television coverage of all open sessions of
			 the Court unless the Court decides, by a vote of the majority of justices, that
			 allowing such coverage in a particular case would constitute a violation of the
			 due process rights of 1 or more of the parties before the Court.

		June 8, 2010
		Reported without amendment


		II
		111th CONGRESS
		1st Session
		S. 260
		IN THE SENATE OF THE UNITED STATES

			January 15, 2009
			Mr. Dorgan (for himself,
			 Ms. Mikulski, Mr. Feingold, Mr.
			 Durbin, Mr. Johnson,
			 Mr. Brown, Mr.
			 Leahy, Mr. Harkin,
			 Mr. Kennedy, Mr. Whitehouse, Mr.
			 Kohl, Ms. Stabenow, and
			 Mrs. Feinstein) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to provide for
		  the taxation of income of controlled foreign corporations attributable to
		  imported property.

		1.Taxation of income of
			 controlled foreign corporations attributable to imported property
			(a)General
			 RuleSubsection (a) of section 954 of the Internal Revenue Code
			 of 1986 (defining foreign base company income) is amended by striking the
			 period at the end of paragraph (5) and inserting , and, by
			 redesignating paragraph (5) as paragraph (4), and by adding at the end the
			 following new paragraph:

					(5)imported property
				income for the taxable year (determined under subsection (j) and reduced as
				provided in subsection
				(b)(5)).
					.
			(b)Definition of
			 Imported Property IncomeSection 954 of the Internal Revenue Code
			 of 1986 is amended by adding at the end the following new subsection:

					(j)Imported
				Property Income
						(1)In
				generalFor purposes of subsection (a)(5), the term
				imported property income means income (whether in the form of
				profits, commissions, fees, or otherwise) derived in connection with—
							(A)manufacturing,
				producing, growing, or extracting imported property;
							(B)the sale,
				exchange, or other disposition of imported property; or
							(C)the lease,
				rental, or licensing of imported property.
							Such term
				shall not include any foreign oil and gas extraction income (within the meaning
				of section 907(c)) or any foreign oil related income (within the meaning of
				section 907(c)).(2)Imported
				propertyFor purposes of this subsection—
							(A)In
				generalExcept as otherwise provided in this paragraph, the term
				imported property means property which is imported into the United
				States by the controlled foreign corporation or a related person.
							(B)Imported
				property includes certain property imported by unrelated
				personsThe term imported property includes any
				property imported into the United States by an unrelated person if, when such
				property was sold to the unrelated person by the controlled foreign corporation
				(or a related person), it was reasonable to expect that—
								(i)such property
				would be imported into the United States; or
								(ii)such property
				would be used as a component in other property which would be imported into the
				United States.
								(C)Exception for
				property subsequently exportedThe term imported
				property does not include any property which is imported into the United
				States and which—
								(i)before
				substantial use in the United States, is sold, leased, or rented by the
				controlled foreign corporation or a related person for direct use, consumption,
				or disposition outside the United States; or
								(ii)is used by the
				controlled foreign corporation or a related person as a component in other
				property which is so sold, leased, or rented.
								(D)Exception for
				certain agricultural commoditiesThe term imported
				property does not include any agricultural commodity which is not grown
				in the United States in commercially marketable quantities.
							(3)Definitions and
				special rules
							(A)ImportFor
				purposes of this subsection, the term import means entering, or
				withdrawal from warehouse, for consumption or use. Such term includes any grant
				of the right to use intangible property (as defined in section 936(h)(3)(B)) in
				the United States.
							(B)United
				statesFor purposes of this subsection, the term United
				States includes the Commonwealth of Puerto Rico, the Virgin Islands of
				the United States, Guam, American Samoa, and the Commonwealth of the Northern
				Mariana Islands.
							(C)Unrelated
				personFor purposes of this subsection, the term unrelated
				person means any person who is not a related person with respect to the
				controlled foreign corporation.
							(D)Coordination
				with foreign base company sales incomeFor purposes of this
				section, the term foreign base company sales income shall not
				include any imported property
				income.
							.
			(c)Separate
			 Application of Limitations on Foreign Tax Credit for Imported Property
			 Income
				(1)In
			 generalParagraph (1) of section 904(d) of the Internal Revenue
			 Code of 1986 (relating to separate application of section with respect to
			 certain categories of income) is amended by striking and at the
			 end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C),
			 and by inserting after subparagraph (A) the following new subparagraph:

						(B)imported property
				income,
				and
						.
				(2)Imported
			 property income definedParagraph (2) of section 904(d) of such
			 Code is amended by redesignating subparagraphs (I), (J), and (K) as
			 subparagraphs (J), (K), and (L), respectively, and by inserting after
			 subparagraph (H) the following new subparagraph:

						(I)Imported
				property incomeThe term imported property income
				means any income received or accrued by any person which is of a kind which
				would be imported property income (as defined in section
				954(j)).
						.
				(3)Conforming
			 amendmentClause (ii) of section 904(d)(2)(A) of such Code is
			 amended by inserting or imported property income after
			 passive category income.
				(d)Technical
			 Amendments
				(1)Clause (iii) of
			 section 952(c)(1)(B) of the Internal Revenue Code of 1986 (relating to certain
			 prior year deficits may be taken into account) is amended—
					(A)by redesignating
			 subclauses (II), (III), (IV), and (V) as subclauses (III), (IV), (V), and (VI),
			 and
					(B)by inserting
			 after subclause (I) the following new subclause:

							(II)imported
				property
				income,
							.
					(2)The last sentence
			 of paragraph (4) of section 954(b) of such Code (relating to exception for
			 certain income subject to high foreign taxes) is amended by striking
			 subsection (a)(5) and inserting subsection
			 (a)(4).
				(3)Paragraph (5) of
			 section 954(b) of such Code (relating to deductions to be taken into account)
			 is amended by striking and the foreign base company oil related
			 income and inserting the foreign base company oil related
			 income, and the imported property income.
				(e)Effective
			 DateThe amendments made by this section shall apply to taxable
			 years of foreign corporations beginning after the date of the enactment of this
			 Act, and to taxable years of United States shareholders within which or with
			 which such taxable years of such foreign corporations end.


117 HR 3263 : DHS Medical Countermeasures Act
U.S. House of Representatives
2021-07-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IIB117th CONGRESS1st SessionH. R. 3263IN THE SENATE OF THE UNITED STATESJuly 21, 2021Received; read twice and referred to the Committee on Homeland Security and Governmental AffairsAN ACTTo amend the Homeland Security Act of 2002 to establish in the Department of Homeland Security a medical countermeasures program, and for other purposes.1.Short titleThis Act may be cited as the DHS Medical Countermeasures Act. 2.Medical countermeasures program(a)In generalSubtitle C of title XIX of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following new section:1932.Medical countermeasures(a)In generalThe Secretary shall establish a medical countermeasures program to facilitate personnel readiness, and protection for the Department’s employees and working animals in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, or pandemic, and to support Department mission continuity.(b)OversightThe Chief Medical Officer of the Department shall provide programmatic oversight of the medical countermeasures program established pursuant to subsection (a), and shall—(1)develop Department-wide standards for medical countermeasure storage, security, dispensing, and documentation;(2)maintain a stockpile of medical countermeasures, including antibiotics, antivirals, and radiological countermeasures, as appropriate;(3)preposition appropriate medical countermeasures in strategic locations nationwide, based on threat and employee density, in accordance with applicable Federal statutes and regulations;(4)provide oversight and guidance regarding the dispensing of stockpiled medical countermeasures;(5)ensure rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, or pandemic;(6)provide training to Department employees on medical countermeasure dispensing; and(7)support dispensing exercises.(c)Medical countermeasures working groupThe Chief Medical Officer shall establish a medical countermeasures working group comprised of representatives from appropriate components and offices of the Department to ensure that medical countermeasures standards are maintained and guidance is consistent.(d)Medical countermeasures managementNot later than 120 days after the date of the enactment of this section, the Chief Medical Officer shall develop and submit to the Secretary an integrated logistics support plan for medical countermeasures, including—(1)a methodology for determining the ideal types and quantities of medical countermeasures to stockpile and how frequently such methodology shall be reevaluated;(2)a replenishment plan; and(3)inventory tracking, reporting, and reconciliation procedures for existing stockpiles and new medical countermeasure purchases.(e)Stockpile elementsIn determining the types and quantities of medical countermeasures to stockpile under subsection (d), the Chief Medical Officer shall utilize, if available—(1)Department chemical, biological, radiological, and nuclear risk assessments; and(2)Centers for Disease Control and Prevention guidance on medical countermeasures.(f)ReportNot later than 180 days after the date of the enactment of this section, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the plan developed in accordance with subsection (d) and brief such Committees regarding implementing the requirements of this section.(g)DefinitionIn this section, the term medical countermeasures means antibiotics, antivirals, radiological countermeasures, and other countermeasures that may be deployed to protect the Department’s employees and working animals in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, or pandemic. .(b)Clerical amendmentThe table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding after the item relating to section 1931 the following new item:Sec. 1932. Medical countermeasures..Passed the House of Representatives July 20, 2021.Cheryl L. Johnson,Clerk