116 S2714 RS: ARPA–E Reauthorization Act of 2019
U.S. Senate
2019-10-28
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.

IICalendar No. 361116th CONGRESS1st SessionS. 2714IN THE SENATE OF THE UNITED STATESOctober 28, 2019Mr. Van Hollen (for himself, Mr. Alexander, Mr. Gardner, and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesDecember 17, 2019Reported by Ms. Murkowski, with amendmentsOmit the part struck through and insert the part printed in italicA BILLTo amend the America COMPETES Act to reauthorize the ARPA–E program, and for other purposes.

 1.Short titleThis Act may be cited as the ARPA–E Reauthorization Act of 2019. 2.ARPA–E amendments (a)GoalsSection 5012(c) of the America COMPETES Act (42 U.S.C. 16538(c)) is amended—
 (1)in paragraph (1), by striking subparagraph (A) and inserting the following:  (A)to enhance the economic and energy security of the United States through the development of energy technologies that—
 (i)reduce imports of energy from foreign sources; (ii)reduce energy-related emissions, including greenhouse gases;
 (iii)improve the energy efficiency of all economic sectors; and (iv)improve the resilience, reliability, and security of infrastructure to produce, deliver, and store energy; and; and
 (2)in paragraph (2), in the matter preceding subparagraph (A), by striking energy and inserting advanced. (b)ResponsibilitiesSection 5012(e)(3)(A) of the America COMPETES Act (42 U.S.C. 16538(e)(3)(A)) is amended by striking energy.
 (c)AwardsSection 5012(f) of the America COMPETES Act (42 U.S.C. 16538(f)) is amended— (1)by striking In carrying and inserting the following:

 (1)In generalIn carrying; and (2)by adding at the end the following:

 (2)Consideration of prior grantsIn awarding a grant under paragraph (1), the Director shall take into account the success or failure of any project carried out by the entity applying for the grant using any prior grant funds awarded to that entity by the Director..
 (c)(d)Reports and roadmapsSection 5012(h) of the America COMPETES Act (42 U.S.C. 16538(h)) is amended— (1)in paragraph (1)—
 (A)by striking describing projects and inserting the following:  describing—(A)projects;  (B)in subparagraph (A) (as so designated), by striking the period at the end and inserting , including projects that examine topics and technologies closely relating to other activities funded by the Department; and
 (C)by adding at the end the following:  (B)an analysis of whether the Director is in compliance with subsection (i)(1)(A) in supporting projects that examine the topics and technologies described in subparagraph (A); and
 (C)current, proposed, and planned projects to be carried out pursuant to subsection (e)(3)(D).; and (2)in paragraph (2)—
 (A)by striking October 1, 2010, and October 1, 2013 and inserting October 1, 2021, and every 4 years thereafter; and (B)by striking 3 and inserting 4.
 (d)(e)Coordination and nonduplicationSection 5012(i)(1) of the America COMPETES Act (42 U.S.C. 16538(i)(1)) is amended— (1)by striking that the activities and inserting the following:

 that—(A)the activities; (2)in subparagraph (A) (as so designated), by striking the period at the end and inserting ; and; and
 (3)by adding at the end the following:  (B)an award is not provided for a project unless the prospective award recipient demonstrates that—
 (i)the prospective award recipient has made a sufficient attempt to secure private financing, as determined by the Director; or
 (ii)the project is not independently commercially viable.. (e)(f)EvaluationSection 5012(l) of the America COMPETES Act (42 U.S.C. 16538(l)) is amended—
 (1)in paragraph (1), by striking After and all that follows through years and inserting Not later than 3 years after the date of enactment of the ARPA–E Reauthorization Act of 2019; and (2)in paragraph (2)—
 (A)in the matter preceding subparagraph (A), by striking shall and inserting may; and (B)in subparagraph (A), by striking the recommendation of the National Academy of Sciences and inserting a recommendation.
 (f)(g)Authorization of appropriationsSection 5012(o)(2) of the America COMPETES Act (42 U.S.C. 16538(o)(2)) is amended— (1)in the matter preceding subparagraph (A), by striking paragraphs (4) and (5) and inserting paragraph (4); and
 (2)by striking subparagraphs (A) through (E) and inserting the following:  (A)$428,000,000 for fiscal year 2020;
 (B)$497,000,000 for fiscal year 2021; (C)$567,000,000 for fiscal year 2022;
 (D)$651,000,000 for fiscal year 2023; and (E)$750,000,000 for fiscal year 2024..
 (g)(h)Technical amendmentsSection 5012 of the America COMPETES Act (42 U.S.C. 16538) is amended— (1)in subsection (g)(3)(A)(iii), by striking subpart each place it appears and inserting subparagraph; and
 (2)in subsection (o)(4)(B), by striking (c)(2)(D) and inserting (c)(2)(C).December 17, 2019Reported with amendments


		II
		112th CONGRESS
		2d Session
		S. 2065
		IN THE SENATE OF THE UNITED STATES

			February 2, 2012
			Mr. Kyl (for himself,
			 Mr. McCain, Mr.
			 Cornyn, Mr. Graham,
			 Mr. Rubio, Ms.
			 Ayotte, and Mr. Thune)
			 introduced the following bill; which was read twice and referred to the
			 Committee on the
			 Budget

		A BILL
		To amend the Balanced Budget and Emergency Deficit
		  Control Act of 1985 to modify the discretionary spending limits to take into
		  account savings resulting from the reduction in the number of Federal employees
		  and extending the pay freeze for Federal employees.

		1.Short titleThis Act may be cited as the
			 Down Payment to Protect National
			 Security Act of 2012.
		2.Reduction in the
			 number of Federal employees
			(a)DefinitionIn
			 this section, the term agency has the meaning given the term
			 Executive agency under section 105 of title 5, United States
			 Code.
			(b)Determination of
			 number of employeesNot later
			 than 60 days after the date of enactment of this Act, the Director of the
			 Office of Management and Budget shall determine the number of full-time
			 employees employed in each agency. The head of each agency shall cooperate with
			 the Director of the Office of Management and Budget in making the
			 determinations.
			(c)Replacement hire
			 rate
				(1)In
			 generalDuring the period described under paragraph (2), the head
			 of each agency may hire no more than 2 employees in that agency for every 3
			 employees who leave employment in that agency.
				(2)Period of
			 replacement hire rateParagraph (1) shall apply to each agency
			 during the period beginning 60 days after the date of enactment of this Act
			 through the date on which the Director of the Office of Management and Budget
			 makes a determination that the number of full-time employees employed in that
			 agency is 5 percent less than the number of full-time employees employed in
			 that agency determined under subsection (a).
				(d)WaiversThis
			 section may be waived upon a determination by the President that—
				(1)the existence of a
			 state of war or other national security concern so requires; or
				(2)the existence of
			 an extraordinary emergency threatening life, health, public safety, property,
			 or the environment so requires.
				3.Extension of pay
			 freeze for Federal employees
			(a)In
			 generalSection 147 of the
			 Continuing Appropriations Act, 2011 (Public Law 111–242; 5 U.S.C. 5303 note) is
			 amended—
				(1)in subsection
			 (b)(1), by striking December 31, 2012 and inserting June
			 30, 2014; and
				(2)in subsection (c), by striking
			 December 31, 2012 and inserting June 30,
			 2014.
				(b)Clarification
			 that freeze applies to Members of CongressNotwithstanding any
			 other provision of law, no adjustment shall be made under section 601(a) of the
			 Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of
			 living adjustments for Members of Congress) during the period beginning on the
			 first day of the first pay period beginning on or after February 1, 2013 and
			 ending on June 30, 2014.
			4.Reduction of
			 revised discretionary spending limits to achieve savings from Federal employee
			 provisionsParagraph (2) of
			 section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985
			 (2 U.S.C. 901a) is amended to read as follows:

				(2)Revised
				discretionary spending limitsThe discretionary spending limits for
				fiscal years 2013 through 2021 under section 251(c) shall be replaced with the
				following:
					(A)For fiscal year 2013—
						(i)for the revised security category,
				$546,000,000,000 in budget authority; and
						(ii)for the revised nonsecurity category,
				$501,000,000,000 in budget authority.
						(B)For fiscal year
				2014—
						(i)for the revised security category,
				$551,000,000,000 in budget authority; and
						(ii)for the revised nonsecurity category,
				$500,000,000,000 in budget authority.
						(C)For fiscal year
				2015—
						(i)for the revised security category,
				$560,000,000,000 in budget authority; and
						(ii)for the revised nonsecurity category,
				$510,000,000,000 in budget authority.
						(D)For fiscal year
				2016—
						(i)for the revised security category,
				$571,000,000,000 in budget authority; and
						(ii)for the revised nonsecurity category,
				$520,000,000,000 in budget authority.
						(E)For fiscal year
				2017—
						(i)for the revised
				security category, $584,000,000,000 in budget authority; and
						(ii)for the revised
				nonsecurity category, $531,000,000,000 in budget authority.
						(F)For fiscal year
				2018—
						(i)for the revised
				security category, $598,000,000,000 in budget authority; and
						(ii)for the revised
				nonsecurity category, $543,000,000,000 in budget authority.
						(G)For fiscal year
				2019—
						(i)for the revised security category,
				$610,000,000,000 in budget authority; and
						(ii)for the revised nonsecurity category,
				$556,000,000,000 in budget authority.
						(H)For fiscal year
				2020—
						(i)for the revised security category,
				$624,000,000,000 in budget authority; and
						(ii)for the revised nonsecurity category,
				$568,000,000,000 in budget authority.
						(I)For fiscal year
				2021—
						(i)for the revised security category,
				$638,000,000,000 in budget authority; and
						(ii)for the revised nonsecurity category,
				$579,000,000,000 in budget
				authority.
						.
		5.Calculation of total
			 deficit reductionSection 251A
			 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
			 901a) is amended—
			(1)in paragraph
			 (3)—
				(A)in subparagraph
			 (A), by striking $1,200,000,000,000 and inserting
			 $1,073,000,000,000; and
				(B)in subparagraph
			 (D), by striking by 9 and inserting by 8;
				(2)in paragraph (4),
			 by striking On January 2, 2013, for fiscal year 2013, and in and
			 inserting In;
			(3)in paragraphs (5)
			 and (6), by striking 2013 each place it appears and inserting
			 2014; and
			(4)in paragraph
			 (7)—
				(A)by striking
			 reductions.— and all that follows through
			 Fiscal years
			 2014-2021.—On the date and inserting
			 reductions.—On the date; and
				(B)by redesignating
			 clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting
			 the margin accordingly.


		II
		111th CONGRESS
		1st Session
		S. 619
		IN THE SENATE OF THE UNITED STATES

			March 17, 2009
			Mr. Reid (for
			 Mr. Kennedy (for himself and
			 Ms. Snowe)) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Federal Food, Drug, and Cosmetic Act to
		  preserve the effectiveness of medically important antibiotics used in the
		  treatment of human and animal diseases.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited as the Preservation of Antibiotics for Medical Treatment Act of
			 2009.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings.
					Sec. 3. Purpose.
					Sec. 4. Proof of safety of critical antimicrobial animal
				drugs.

			2.FindingsThe Congress finds that—
			(1)(A)in January 2001, a Federal interagency task
			 force released an action plan to address the continuing decline in
			 effectiveness of antibiotics against common bacterial infections, referred to
			 as antibiotic resistance;
				(B)the task force determined that
			 antibiotic resistance is a growing menace to all people and poses a serious
			 threat to public health; and
				(C)the task force cautioned that if
			 current trends continue, treatments for common infections will become
			 increasingly limited and expensive, and, in some cases, nonexistent;
				(2)antibiotic
			 resistance, resulting in a reduced number of effective antibiotics, may
			 significantly impair the ability of the United States to respond to terrorist
			 attacks involving bacterial infections or a large influx of hospitalized
			 patients;
			(3)(A)any overuse or misuse of antibiotics
			 contributes to the spread of antibiotic resistance, whether in human medicine
			 or in agriculture; and
				(B)recognizing the public health threat
			 caused by antibiotic resistance, Congress took several steps to curb antibiotic
			 overuse in human medicine through amendments to the
			 Public Health Service Act (42 U.S.C.
			 201 et seq.) made by section 102 of the Public Health Threats and Emergencies
			 Act (Public Law 106–505, title I; 114 Stat. 2315), but has not yet addressed
			 antibiotic overuse in agriculture;
				(4)in a March 2003
			 report, the National Academy of Sciences stated that—
				(A)a decrease in
			 antimicrobial use in human medicine alone will have little effect on the
			 current situation; and
				(B)substantial
			 efforts must be made to decrease inappropriate overuse in animals and
			 agriculture;
				(5)(A)an estimated 70 percent of the antibiotics
			 and other antimicrobial drugs used in the United States are fed to farm animals
			 for nontherapeutic purposes, including—
					(i)growth promotion; and
					(ii)compensation for crowded,
			 unsanitary, and stressful farming and transportation conditions; and
					(B)unlike human use of antibiotics, these
			 nontherapeutic uses in animals typically do not require a prescription;
				(6)(A)large-scale, voluntary
			 surveys by the Department of Agriculture’s Animal and Plant Health Inspection
			 Service in 1999, 2001, and 2006 revealed that 84 percent of grower-finisher
			 swine farms, 83 percent of cattle feedlots, and 84 percent of sheep farms
			 administer antimicrobials in the feed or water for health or growth promotion
			 reasons, and many of the antimicrobials identified are identical or closely
			 related to drugs used in human medicine, including tetracyclines, macrolides,
			 Bacitracin, penicillins, and sulfonamides; and
				(B)these drugs are used in people to
			 treat serious diseases such as pneumonia, scarlet fever, rheumatic fever,
			 venereal disease, skin infections, and even pandemics like plague, as well as
			 bioterrorism agents like anthrax;
				(7)many scientific studies confirm that the
			 nontherapeutic use of antibiotics in agricultural animals contributes to the
			 development of antibiotic-resistant bacterial infections in people;
			(8)(A)the periodical entitled
			 Clinical Infectious Diseases published a report in June 2002,
			 based on a 2-year review by experts in human and veterinary medicine, public
			 health, microbiology, biostatistics, and risk analysis, of more than 500
			 scientific studies on the human health impacts of antimicrobial use in
			 agriculture; and
				(B)the report recommended that
			 antimicrobial agents should no longer be used in agriculture in the absence of
			 disease, but should be limited to therapy for diseased individual animals and
			 prophylaxis when disease is documented in a herd or flock;
				(9)the United States
			 Geological Survey reported in March 2002 that—
				(A)antibiotics were
			 present in 48 percent of the streams tested nationwide; and
				(B)almost half of the
			 tested streams were downstream from agricultural operations;
				(10)an April 1999
			 study by the General Accounting Office concluded that resistant strains of 3
			 microorganisms that cause food-borne illness or disease in humans—Salmonella,
			 Campylobacter, and E. coli—are linked to the use of antibiotics in
			 animals;
			(11)epidemiological research has shown that
			 resistant Salmonella and Campylobacter infections are associated with increased
			 numbers of ill patients and bloodstream infections, and increased death;
			(12)(A)in January 2003, Consumer Reports published
			 test results on poultry products bought in grocery stores nationwide showing
			 disturbingly high levels of Campylobacter and Salmonella bacteria that were
			 resistant to antibiotics used to treat food-borne illnesses;
				(B)the Food and Drug Administration’s National
			 Antimicrobial Resistance Monitoring System routinely finds that retail meat
			 products are contaminated with bacteria resistant to antibiotics important in
			 human medicine including the foodborne pathogens Campylobacter and Salmonella;
			 and
				(C)in
			 December 2007, the USDA issued a fact sheet on the recently recognized link
			 between antimicrobial drug use in animals and the Methicillin Resistant
			 Staphylococcus Aureas (MRSA) infections in humans;
				(13)in October 2001,
			 the New England Journal of Medicine published an editorial urging a ban on
			 nontherapeutic use of medically important antibiotics in animals;
			(14)in 1998, the
			 National Academy of Sciences noted that antibiotic-resistant bacteria generate
			 a minimum of $4,000,000,000 to $5,000,000,000 in costs to United States society
			 and individuals yearly;
			(15)the American
			 Medical Association, the American Public Health Association, the National
			 Association of County and City Health Officials, and the National Campaign for
			 Sustainable Agriculture, are among the more than 300 organizations representing
			 health, consumer, agricultural, environmental, humane, and other interests that
			 have supported enactment of legislation to phase out nontherapeutic use in farm
			 animals of medically important antibiotics;
			(16)the
			 Federal Food, Drug, and Cosmetic Act
			 (21 U.S.C. 301 et seq.)—
				(A)requires that all
			 drugs be shown to be safe before the drugs are approved; and
				(B)places the burden
			 on manufacturers to account for health consequences and prove safety;
				(17)(A)the Food and Drug Administration recently
			 modified the drug approval process for antibiotics to recognize the development
			 of resistant bacteria as an important aspect of safety;
				(B)however, most antibiotics currently
			 used in animal production systems for nontherapeutic purposes were approved
			 before the Food and Drug Administration began giving in-depth consideration to
			 resistance during the drug-approval process; and
				(C)the Food and Drug Administration has
			 not established a schedule for reviewing those existing approvals;
				(18)certain
			 non-routine uses of antibiotics in animal agriculture are legitimate to prevent
			 animal disease; and
			(19)(A)an April 2004 study by
			 the General Accounting Office concluded that Federal agencies do not collect
			 the critical data on antibiotic use in animals that they need to support
			 research on human health risks; and
				(B)the report recommends that the
			 Department of Agriculture and the Department of Health and Human Services
			 develop and implement a plan to collect data on antibiotic use in
			 animals.
				3.PurposeThe purpose of this Act is to preserve the
			 effectiveness of medically important antibiotics used in the treatment of human
			 and animal diseases by reviewing the safety of certain antibiotics for
			 nontherapeutic purposes in food-producing animals.
		4.Proof of safety
			 of critical antimicrobial animal drugs
			(a)DefinitionsSection
			 201 of the Federal Food, Drug, and Cosmetic
			 Act (21 U.S.C. 321) is amended by adding at the end the
			 following:

					(rr)Critical antimicrobial animal
				drugThe term critical antimicrobial animal drug
				means a drug that—
					(1)is intended for
				use in food-producing animals; and
					(2)is composed wholly
				or partly of—
						(A)any kind of
				penicillin, tetracycline, macrolide, lincosamide, streptogramin,
				aminoglycoside, or sulfonamide; or
						(B)any other drug or
				derivative of a drug that is used in humans or intended for use in humans to
				treat or prevent disease or infection caused by microorganisms.
						(ss)Nontherapeutic
				useThe term nontherapeutic use, with respect to a
				critical antimicrobial animal drug, means any use of the drug as a feed or
				water additive for an animal in the absence of any clinical sign of disease in
				the animal for growth promotion, feed efficiency, weight gain, routine disease
				prevention, or other routine
				purpose.
					.
			(b)Applications
			 pending or submitted after enactmentSection 512(d)(1) of the
			 Federal Food, Drug, and Cosmetic Act
			 (21 U.S.C. 360b(d)(1)) is amended—
				(1)in the first
			 sentence—
					(A)in subparagraph
			 (H), by striking or at the end;
					(B)by redesignating
			 subparagraph (I) as subparagraph (J); and
					(C)by inserting after
			 subparagraph (H) the following:

							(I)with respect to a
				critical antimicrobial animal drug or a drug of the same chemical class as a
				critical antimicrobial animal drug, the applicant has failed to demonstrate
				that there is a reasonable certainty of no harm to human health due to the
				development of antimicrobial resistance that is attributable, in whole or in
				part, to the nontherapeutic use of the drug;
				or
							; and
					(2)in the second
			 sentence, by striking (A) through (I) and inserting (A)
			 through (J).
				(c)Phased
			 elimination of nontherapeutic use in animals of critical antimicrobial animal
			 drugs important for human healthSection 512 of the
			 Federal Food, Drug, and Cosmetic Act
			 (21 U.S.C. 360b) is amended by adding at the end the following:

					(q)Phased
				elimination of nontherapeutic use in animals of critical antimicrobial animal
				drugs important for human health
						(1)ApplicabilityThis
				subsection applies to the nontherapeutic use in a food-producing animal of a
				drug—
							(A)(i)that is a critical antimicrobial animal
				drug; or
								(ii)that is of the same chemical class
				as a critical antimicrobial animal drug; and
								(B)(i)for which there is in
				effect an approval of an application or an exemption under subsection (b), (i),
				or (j) of section 505; or
								(ii)that is otherwise marketed for
				use.
								(2)WithdrawalThe
				Secretary shall withdraw the approval of a nontherapeutic use in food-producing
				animals described in paragraph (1) on the date that is 2 years after the date
				of enactment of this subsection unless—
							(A)before the date
				that is 2 years after the date of the enactment of this subsection, the
				Secretary makes a final written determination that the holder of the approved
				application has demonstrated that there is a reasonable certainty of no harm to
				human health due to the development of antimicrobial resistance that is
				attributable in whole or in part to the nontherapeutic use of the drug;
				or
							(B)before the date
				specified in subparagraph (A), the Secretary makes a final written
				determination, with respect to a risk analysis of the drug conducted by the
				Secretary and other relevant information, that there is a reasonable certainty
				of no harm to human health due to the development of antimicrobial resistance
				that is attributable in whole or in part to the nontherapeutic use of the
				drug.
							(3)ExemptionsExcept
				as provided in paragraph (5), if the Secretary grants an exemption under
				section 505(i) for a drug that is a critical antimicrobial animal drug, the
				Secretary shall rescind each approval of a nontherapeutic use in a
				food-producing animal of the critical antimicrobial animal drug, or of a drug
				in the same chemical class as the critical antimicrobial animal drug, as of the
				date that is 2 years after the date on which the Secretary grants the
				exemption.
						(4)ApprovalsExcept
				as provided in paragraph (5), if an application for a drug that is a critical
				antimicrobial animal drug is submitted to the Secretary under section 505(b),
				the Secretary shall rescind each approval of a nontherapeutic use in a
				food-producing animal of the critical antimicrobial animal drug, or of a drug
				in the same chemical class as the critical antimicrobial animal drug, as of the
				date that is 2 years after the date on which the application is submitted to
				the Secretary.
						(5)ExceptionParagraph
				(3) or (4), as the case may be, shall not apply if—
							(A)before the date on
				which approval would be rescinded under that paragraph, the Secretary makes a
				final written determination that the holder of the application for the approved
				nontherapeutic use has demonstrated that there is a reasonable certainty of no
				harm to human health due to the development of antimicrobial resistance that is
				attributable in whole or in part to the nontherapeutic use in the
				food-producing animal of the critical antimicrobial animal drug; or
							(B)before the date
				specified in subparagraph (A), the Secretary makes a final written
				determination, with respect to a risk analysis of the critical antimicrobial
				animal drug conducted by the Secretary and any other relevant information, that
				there is a reasonable certainty of no harm to human health due to the
				development of antimicrobial resistance that is attributable in whole or in
				part to the nontherapeutic use of the
				drug.
							.


115 HR 7386 IH: Faster Access to Federal Student Aid Act of 2018
U.S. House of Representatives
2018-12-20
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.

I115th CONGRESS2d SessionH. R. 7386IN THE HOUSE OF REPRESENTATIVESDecember 20, 2018Mr. Walberg (for himself and Ms. DelBene) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, 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 concernedA BILLTo amend the Internal Revenue Code of 1986 and the Higher Education Act of 1965 to facilitate the
			 disclosure of tax return information to carry out the Higher Education Act
			 of 1965, and for other purposes.

 1.Short titleThis Act may be cited as the Faster Access to Federal Student Aid Act of 2018. 2.Secure disclosure of tax-return information to carry out the Higher Education Act of 1965 (a)Amendments to the Internal Revenue Code of 1986 (1)In generalParagraph (13) of section 6103(l) of the Internal Revenue Code of 1986 is amended to read as follows:

						(13)Disclosure of return information to carry out the Higher Education Act of 1965
 (A)Income-contingent or income-based repayment and total and permanent disability dischargeThe Secretary shall, upon written request from the Secretary of Education, disclose to officers, employees, and contractors of the Department of Education, as specifically authorized and designated by the Secretary of Education, only for the purpose of (and to the extent necessary in) establishing, renewing, administering, and conducting analyses and forecasts for estimating costs related to income-contingent or income-based repayment programs, and the discharge of loans based on a total and permanent disability (within the meaning of section 437(a) of the Higher Education Act of 1965), under title IV of the Higher Education Act of 1965, the following return information (as defined in subsection (b)(2)) with respect to taxpayers identified by the Secretary of Education as participating in the loan programs under title IV of such Act, for taxable years specified by such Secretary:
 (i)Taxpayer identity information with respect to such taxpayer. (ii)The filing status of such taxpayer.
 (iii)Type of tax return from which the return information is provided. (iv)The adjusted gross income of such taxpayer.
 (v)Total number of exemptions claimed, or total number of individuals and dependents claimed, as applicable, on the return.
 (vi)Number of children with respect to which tax credits under section 24 are claimed on the return. (vii)Other information determined to be necessary by agreement between the Secretary and the Secretary of Education to administer the Federal financial aid programs as required by the Higher Education Act of 1965.
 (B)Federal student financial aidThe Secretary shall, upon written request from the Secretary of Education, disclose to officers, employees, and contractors of the Department of Education, as specifically authorized and designated by the Secretary of Education, only for the purpose of (and to the extent necessary in) determining eligibility for, and amount of, Federal student financial aid under programs authorized by title IV of the Higher Education Act of 1965 and conducting analyses and forecasts for estimating costs related to such programs, the following return information (as defined in subsection (b)(2)) with respect to taxpayers identified by the Secretary of Education as applicants for Federal student financial aid under title IV of such Act, for taxable years specified by such Secretary:
 (i)Taxpayer identity information with respect to such taxpayer. (ii)The filing status of such taxpayer.
 (iii)Type of tax return from which the return information is provided. (iv)The adjusted gross income of such taxpayer.
 (v)The amount of any net earnings from self-employment (as defined in section 1402), wages (as defined in section 3121(a) or 3401(a)), and taxable income from a farming business (as defined in section 236A(e)(4)) for the period reported on the return.
 (vi)The total income tax of such taxpayer. (vii)Total number of exemptions claimed, or total number of individuals and dependents claimed, as applicable, on the return.
 (viii)Number of children with respect to which tax credits under section 24 are claimed on the return. (ix)Amount of any credit claimed under section 25A for the taxable year.
 (x)Amount of individual retirement account distributions not included in adjusted gross income for the taxable year.
 (xi)Amount of individual retirement account contributions and payments to self-employed SEP, Keogh, and other qualified plans which were deducted from income for the taxable year.
 (xii)The amount of tax-exempt interest. (xiii)Amounts from retirement pensions and annuities not included in adjusted gross income for the taxable year.
 (xiv)If applicable, the fact that there is no return filed for such taxpayer for the applicable year. (xv)Other information determined to be necessary by agreement between the Secretary and the Secretary of Education to administer the Federal financial aid programs as required by the Higher Education Act of 1965.
								(C)Restriction on use of disclosed information
 (i)In generalReturn information disclosed under subparagraphs (A) and (B) may be used by officers, employees, and contractors of the Department of Education, as specifically authorized and designated by the Secretary of Education, only for the purposes and to the extent necessary described in such subparagraphs and for mitigating risks (as defined in clause (ii)) relating to the programs described in such subparagraphs.
 (ii)Mitigating risksFor purposes of this subparagraph, the term mitigating risks means, with respect to the programs described in subparagraphs (A) and (B)— (I)analyzing or estimating costs associated with potential changes to the need-analysis formula,
 (II)oversight activities by the Office of Inspector General of the Department of Education as authorized by the Inspector General Act of 1978, as amended,
 (III)developing or administering statistical models that inform support to populations of Federal student loan borrowers who are at risk of default or delinquency,
 (IV)reducing the net cost of improper payments to Federal financial aid recipients, and (V)producing aggregate statistics for reporting, research, or consumer information on the performance of programs or institutions of higher education participating in the programs under title IV of the Higher Education Act of 1965.
									Such term does not include the conduct of criminal investigations or prosecutions.(iii)Redisclosure to institutions of higher education, State higher education agencies, and designated
 scholarship organizationsThe Secretary of Education, and officers, employees, and contractors of the Department of Education, may disclose return information received under subparagraph (B), solely for the use in the application, award, and administration of Federal student financial aid, State aid, or aid awarded by eligible institutions or such entities as the Secretary of Education may designate, to the following persons:
 (I)An institution of higher education with which the Secretary of Education has an agreement under subpart 1 of part A, or part D or E, of title IV of the Higher Education Act of 1965.
 (II)A State higher education agency. (III)A scholarship organization which is designated by the Secretary of Education as of the date of the enactment of the Faster Access to Federal Student Aid Act of 2018 as an organization eligible to receive the information provided under this clause.
									The preceding sentence shall only apply to the extent that the taxpayer with respect to whom the
			 return information relates provides consent for such disclosure to the
			 Secretary of Education as part of the application for Federal student
			 financial aid under title IV of the Higher Education Act of 1965.(D)Required notification periods
 (i)Notification to CongressThe Secretary and the Secretary of Education shall issue joint notifications to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and the Workforce of the House of Representatives not less than 120 days prior to the first disclosure of any type of return information under subparagraph (A)(vii) or (B)(xv) with respect to which such a notification has not been previously made.
 (ii)Public notice and commentThere shall be a public notice and comment period beginning not less than 60 days prior to the first disclosure of any type of return information under subparagraph (A)(vii) or (B)(xv) with respect to which such a notification has not been previously made, subsequent to the period allotted for Congressional comment under clause (i)..
 (2)Confidentiality of return informationSection 6103(a)(3) of such Code is amended by inserting , (13)(A), (13)(B) after (12). (3)Conforming amendmentsSection 6103(p)(4) of such Code is amended—
 (A)by inserting (A), (13)(B) after (13) each place it occurs; and (B)by inserting , (13)(A), (13)(B) after (l)(10) each place it occurs.
 (b)Effective dateThe amendments made by this section shall apply to disclosures made under section 6103(l)(13) of the Internal Revenue Code of 1986 (as amended by this section) after the date of the enactment of this Act.
			3.Notification of request for tax return information
 (a)In generalPart G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the following:

 494.Notification of request for tax return informationThe Secretary shall advise students and borrowers who submit an application for Federal student financial aid under this title or for the discharge of a loan based on permanent and total disability, as described in section 437(a), or who request an income-contingent or income-based repayment plan on their loan (as well as parents and spouses who sign such an application or request or a Master Promissory Note on behalf of those students and borrowers) that the Secretary has the authority to request that the Internal Revenue Service disclose their tax return information (as well as that of parents and spouses who sign such an application or request or a Master Promissory Note on behalf of those students and borrowers) to officers, employees, and contractors of the Department of Education as authorized under section 6103(1)(13) of the Internal Revenue Code of 1986, to the extent necessary for the Secretary to carry out this title..
 (b)Conforming amendmentSection 484(q) of the Higher Education Act of 1965 (20 U.S.C. 1091(q)) is amended to read as follows:

 (q)reserved. 4.Reports on implementation (a)In generalNot later than each specified date, the Secretary of Education and the Secretary of the Treasury shall issue joint reports to the Committees on Health, Education, Labor, and Pensions and Finance of the Senate and the Committees on Education and the Workforce and Ways and Means of the House of Representatives regarding the amendments made by this Act. Each such report shall include, as applicable—
 (1)an update on the status of implementation of the amendments made by this Act; (2)an evaluation of the processing of applications for Federal student financial aid, and applications for income-based repayment and income contingent repayment, under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), in accordance with the amendments made by this Act; and
 (3)implementation issues and suggestions for potential improvements. (b)Specified dateFor purposes of subsection (a), the term specified date means—
 (1)the date that is 90 days after the date of the enactment of this Act; (2)the date that is 120 days after the first day that the disclosure process established under section 6103(l)(13) of the Internal Revenue Code of 1986, as amended by section 2(a) of this Act, is operational and accessible to officers, employees, and contractors of the Department of Education (as specifically authorized and designated by the Secretary of Education); and
 (3)the date that is 1 year after the report date described in paragraph (2).


		III
		112th CONGRESS
		2d Session
		S. CON. RES. 48
		IN THE SENATE OF THE UNITED STATES

			June 12, 2012
			Mr. Leahy (for himself
			 and Mr. Graham) submitted the following
			 concurrent resolution; which was referred to the
			 Committee on Armed
			 Services

		CONCURRENT RESOLUTION
		Recognizing 375 years of service of the
		  National Guard and affirming congressional support for a permanent Operational
		  Reserve as a component of the Armed Forces.

		Whereas the first volunteer militia unit in America was
			 formed in 1636 in Massachusetts Bay, followed by other units in the colonies of
			 Virginia and Connecticut;
		Whereas from the opening salvos at Lexington and Concord,
			 to the conclusion of the American Revolutionary War in 1783, the volunteer
			 patriots and minutemen of the American militia helped create the United States
			 of America;
		Whereas the American founding fathers wrote article I,
			 section 8, of the United States Constitution to keep the militia model,
			 authorizing only a small standing military force that could organize, train,
			 and equip militia volunteers when needed;
		Whereas the American militia answered the call during the
			 second war with Britain in 1812;
		Whereas in the 19th Century, during the Mexican-American
			 War, the United States Civil War, and the Spanish-American War, State militia
			 volunteers mustered when called and more than 300,000 gave their lives in
			 service of the United States of America;
		Whereas in World War I, nearly all National Guardsmen were
			 mobilized into Federal service, and while they represented only 15 percent of
			 the total United States Army, they comprised 40 percent of the American
			 divisions sent to France and sustained 43 percent of the casualties in
			 combat;
		Whereas in World War II, the National Guard comprised 19
			 Army divisions and 29 observation squadrons with aircraft assigned to the
			 United States Army Air Forces;
		Whereas the National Defense Act of 1947 formed the Air
			 National Guard, created a minimum of one flying unit in each State, with the
			 result of more than 44,000 Air Guard troops serving in Korea and 4,000 Air
			 Guard troops in Vietnam;
		Whereas the Air National Guard flew 30,000 sorties and
			 50,000 combat hours during Operation Desert Storm over 37 days and were some of
			 the first units into the fight;
		Whereas, on September 11, 2001, the first fighter jets
			 over New York City and Washington, DC, were Air National Guard F–15 and F–16
			 aircraft from Massachusetts and North Dakota, with over 400 more Air National
			 Guard fighter aircraft on alert by that afternoon;
		Whereas 456,974 Air and Army National Guard soldiers and
			 airmen have deployed in the many campaigns since 9/11;
		Whereas Air and Army National Guard soldiers and airmen
			 have been involved in countless domestic response missions, including missions
			 in response to hurricanes, tornadoes, floods, and forest fires;
		Whereas during the Cold War, the National Guard was
			 regarded as a Strategic Reserve to be held in case of a Soviet invasion of
			 Europe, yet, since 9/11, the National Guard and the Federal Reserves have made
			 the transition to an Operational Reserve, in constant use and rotation for
			 missions at home and abroad;
		Whereas the Operational Reserve has time and again
			 demonstrated its readiness to meet operational requirements, and its mission-
			 and cost-effectiveness and volunteerism are the heart of modern United States
			 military service;
		Whereas the Operational Reserve must be sustained by a
			 fully manned and fully funded National Guard in the spirit intended by the
			 Framers and enshrined in article I of the Constitution; and
		Whereas the Air Force, in its fiscal year 2013 budget, has
			 advanced a proposal to convert the Air National Guard from the Operational
			 Reserve to the Strategic Reserve of yesteryear: Now, therefore, be it

		That Congress—
			(1)recognizes the critical importance of the
			 Operational Reserve as a component of the Armed Forces, particularly as a means
			 of preserving combat power during a time of budget austerity;
			(2)supports making
			 permanent the Operational Reserve as the cornerstone of military manpower in
			 the decades to come;
			(3)repudiates
			 proposals to return the Reserve Components to a diminished or purely strategic
			 role in United States national security;
			(4)affirms the growth
			 of the Operational Reserve as circumstances warrant; and
			(5)recognizes the
			 dual-status, State-Federal National Guard as the foundation of the Operational
			 Reserve and of military manpower now and in the future.


		I
		112th CONGRESS
		1st Session
		H. R. 582
		IN THE HOUSE OF REPRESENTATIVES

			February 9, 2011
			Mrs. Christensen (for
			 herself and Ms. Bordallo) introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the supplemental security income benefits
		  program to Guam and the United States Virgin Islands.

		1.Extension of the Supplemental
			 Security Income benefits program to Guam and the United States Virgin
			 Islands
			(a)In
			 GeneralSection 1101(a)(1) of the Social Security Act (42 U.S.C.
			 1301(a)(1)) is amended by striking , the Virgin Islands, and
			 Guam each place such term appears.
			(b)Conforming
			 Amendments
				(1)Section 303(b) of
			 the Social Security Amendments of 1972 (86 Stat. 1484) is amended by striking
			 , Guam, and the Virgin Islands.
				(2)Sections 3(a)(2),
			 1003(a)(2), 1403(a)(2), and 1603(a)(2) of such Act (42 U.S.C. 303(a)(2),
			 1203(a)(2), 1353(a)(2), and 1383 note) are each amended by striking ,
			 the Virgin Islands, and Guam.
				(3)Section 1614(e) of
			 such Act (42 U.S.C. 1382c(e)) is amended by striking and the District of
			 Columbia and inserting , the District of Columbia, the Virgin
			 Islands, and Guam.
				(c)Effective
			 DateThe amendments made by this section shall take effect on the
			 1st day of the 3rd calendar month that begins after the date of the enactment
			 of this Act.


117 SRES 109 ATS: Designating April 2021 as “National Native Plant Month”.
U.S. Senate
2021-03-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

III117th CONGRESS1st SessionS. RES. 109IN THE SENATE OF THE UNITED STATESMarch 15, 2021Mr. Portman (for himself and Ms. Hirono) submitted the following resolution; which was referred to the Committee on the JudiciaryMarch 25, 2021Committee discharged; considered and agreed toRESOLUTIONDesignating April 2021 as National Native Plant Month.Whereas native plants are indigenous species that have evolved and occur naturally in a particular region, ecosystem, and habitat;Whereas there are more than 17,000 native plant species in the United States, which include trees, shrubs, vines, grasses, and wildflowers;Whereas native plants help prevent flooding, drought, and erosion and can help restore damaged ecosystems;Whereas native plants provide shelter as well as nectar, pollen, and seeds that serve as food for native butterflies, insects, birds, and other wildlife in ways that non-native plants cannot;Whereas more than 200 of the native plant species in the United States are estimated to have been lost since the early 19th century;Whereas habitat loss and degradation, extreme weather events, and invasive species have contributed to the decline of native plants in the United States; andWhereas native plants are essential components of resilient ecosystems and our natural heritage: Now, therefore, be it That the Senate—(1)designates April 2021 as National Native Plant Month; and(2)recognizes the benefits of native plants to the environment and economy of the United States.


110 HRES 836 EH: Granting the authority provided under clause 4(c)(3) of rule X of the Rules of the House of Representatives to the Committee on Education and Labor for purposes of its investigation into the deaths of 9 individuals that occurred at the Crandall Canyon Mine near Huntington, Utah.
U.S. House of Representatives
2007-12-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS
1st Session
H. RES. 836
In the House of Representatives, U. S.,

December 5, 2007

RESOLUTION
Granting the authority provided under clause 4(c)(3) of rule X of the Rules of the House of Representatives to the Committee on Education and Labor for purposes of its investigation into the deaths of 9 individuals that occurred at the Crandall Canyon Mine near Huntington, Utah.

1.Granting Investigative Authority to Committee on Education and LaborThe Committee on Education and Labor is granted the authority provided under clause 4(c)(3) of rule X of the Rules of the House of Representatives in furtherance of the investigation by such Committee into the deaths of 9 individuals that occurred during August 2007 at the Crandall Canyon Mine (also known as the Genwal Mine) near Huntington, Utah, including the events that may have led to those deaths and into the administration of relevant laws by government agencies, including the Department of Labor and the Mine Safety and Health Administration, and into other related matters.

Lorraine C. Miller,Clerk.


		I
		111th CONGRESS
		2d Session
		H. R. 5324
		IN THE HOUSE OF REPRESENTATIVES

			May 18, 2010
			Mrs. Davis of
			 California (for herself, Mr. George
			 Miller of California, Mr.
			 Andrews, Mr. Courtney,
			 Mr. Stark,
			 Ms. Sutton, and
			 Mr. Wu) introduced the following bill;
			 which was referred to the Committee on
			 Education and Labor, and in addition to the Committees on
			 Energy and Commerce and
			 Ways and Means, 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 provide for extension of COBRA continuation coverage
		  until coverage is available otherwise under either an employment-based health
		  plan or through an American Health Benefit Exchange under the Patient
		  Protection and Affordable Care Act.

		1.Short titleThis Act may be cited as the
			 COBRA Health Benefits Extension Act of
			 2010.
		2.Extension of
			 COBRA continuation coverage
			(a)Extension of
			 current periods of continuation coverage
				(1)In
			 generalIn the case of any individual who is, under a COBRA
			 continuation coverage provision, covered under COBRA continuation coverage on
			 or after the date of the enactment of this Act, the required period of any such
			 coverage which has not subsequently terminated under the terms of such
			 provision for any reason other than the expiration of a period of a specified
			 number of months shall, notwithstanding such provision and subject to
			 subsection (b), extend to the earlier of—
					(A)the first date,
			 occurring after the date of the expiration of a period of months specified as a
			 terminating event in the applicable continuation coverage provision, as of
			 which the individual is eligible for coverage under an employment-based health
			 plan, or
					(B)the date on which
			 such individual becomes eligible for health insurance coverage through an
			 American Health Benefit Exchange operating in a State or group of States under
			 subtitle D of title I of the Patient Protection and Affordable Care Act.
					(2)NoticeAs soon as practicable after the date of
			 the enactment of this Act, the Secretary of Labor, in consultation with the
			 Secretary of the Treasury and the Secretary of Health and Human Services, shall
			 provide rules setting forth the form and manner in which prompt notice to
			 individuals of the continued availability of COBRA continuation coverage to
			 such individuals under paragraph (1).
				(3)Enforcement of
			 extended continuation coverage under State programsA State may
			 enforce the provisions of this section with respect to COBRA continuation
			 coverage provided under a State program of such State. Nothing in this
			 paragraph shall be construed to affect or modify section 514 of the Employee
			 Retirement Income Security Act of 1974 (29 U.S.C. 1144).
				(b)Continued effect
			 of other terminating eventsNotwithstanding subsection (a), any
			 required period of COBRA continuation coverage which is extended under such
			 subsection shall terminate upon the occurrence, prior to the date of
			 termination otherwise provided in such subsection, of any terminating event
			 specified in the applicable continuation coverage provision other than the
			 expiration of a period of a specified number of months.
			(c)Access to State
			 high risk poolsThis section shall supersede any provision of the
			 law of a State or political subdivision thereof to the extent that such
			 provision has the effect of limiting or precluding access by a qualified
			 beneficiary, whose COBRA continuation coverage has been extended under this
			 section, to a State high risk pool established under section 1101 of the
			 Patient Protection and Affordable Care Act solely by reason of the extension of
			 such coverage beyond the date on which such coverage otherwise would have
			 expired.
			(d)DefinitionsFor
			 purposes of this section—
				(1)COBRA
			 continuation coverageThe
			 term COBRA continuation coverage means continuation coverage
			 provided pursuant to part 6 of subtitle B of title I of the Employee Retirement
			 Income Security Act of 1974 (other than under section 609), title XXII of the
			 Public Health Service Act, section 4980B of the Internal Revenue Code of 1986
			 (other than subsection (f)(1) of such section insofar as it relates to
			 pediatric vaccines), or section 905a of title 5, United States Code, or under a
			 State program that provides comparable continuation coverage. Such term does
			 not include coverage under a health flexible spending arrangement under a
			 cafeteria plan within the meaning of section 125 of the Internal Revenue Code
			 of 1986.
				(2)COBRA
			 continuation provisionThe
			 term COBRA continuation provision means the provisions of law
			 described in paragraph (1).
				(3)Employment-based
			 health planThe term employment-based health
			 plan—
					(A)means a group health plan (as defined in
			 section 733(a)(1) of the Employee Retirement Income Security Act of 1974),
			 excluding coverage consisting of only dental, vision, counseling, or referral
			 services (or a combination thereof), coverage under a flexible spending
			 arrangement (as defined in section 106(c)(2) of the Internal Revenue Code of
			 1986), or coverage of treatment that is furnished in an on-site medical
			 facility maintained by the employer and that consists primarily of first-aid
			 services, prevention and wellness care, or similar care (or a combination
			 thereof); and
					(B)includes such a
			 plan that is the following:
						(i)Federal, State,
			 and tribal governmental plansA governmental plan (as defined in
			 section 3(32) of the Employee Retirement Income Security Act of 1974),
			 including a health benefits plan offered under chapter 89 of title 5, United
			 States Code.
						(ii)Church
			 plansA church plan (as defined in section 3(33) of the Employee
			 Retirement Income Security Act of 1974).
						(4)StateThe
			 term State includes the District of Columbia, the Commonwealth
			 of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth
			 of the Northern Mariana Islands.


117 HR 358 IH: Freedom from Regulating Edible Supplies and Horticulture Trucking Act
U.S. House of Representatives
2021-01-19
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.

I117th CONGRESS1st SessionH. R. 358IN THE HOUSE OF REPRESENTATIVESJanuary 19, 2021Mr. Steube introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo require the Secretary of Transportation to modify regulations concerning hours of service, and for other purposes.1.Short titleThis Act may be cited as the Freedom from Regulating Edible Supplies and Horticulture Trucking Act or the FRESH Trucking Act.2.Modification of Hours of Service regulationsNot later than 90 days after the date of enactment of this Act, the Secretary shall amend part 395 of title 49, Code of Federal Regulations, to establish that, with respect to a motor carrier or driver transporting any agricultural, horticultural, or floricultural commodity (including both fresh and processed products, as well as sod and other agricultural products sensitive to temperature and climate and at the risk of perishing in transit)—(1)loading and unloading of commercial motor vehicles shall be excluded from on-duty time requirements;(2)there shall be no requirement of a 30-minute rest break within the first 8 hours of the hours of service on-duty requirements and such carrier or driver may take breaks at any time during trip; and(3)such carrier or driver may complete a scheduled trip if they are over the hours of service maximum on-duty drive schedule and are within 150 miles of their scheduled delivery point.


115 S1145 IS: Truth in Settlements Act of 2017
U.S. Senate
2017-05-17
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.

II115th CONGRESS1st SessionS. 1145IN THE SENATE OF THE UNITED STATESMay 17, 2017Ms. Warren (for herself and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo require adequate information regarding the tax treatment of payments under settlement agreements
			 entered into by Federal agencies, and for other purposes.

 1.Short titleThis Act may be cited as the Truth in Settlements Act of 2017. 2.Information regarding settlement agreements entered into by Federal agencies (a)Requirements for settlement agreements (1)In generalChapter 3 of title 5, United States Code, is amended by adding at the end the following:

						307.Information regarding settlement
				agreements
 (a)DefinitionsIn this section—
 (1)the term covered settlement agreement means a settlement agreement (including a consent decree) that—
 (A)is entered into by an Executive agency;
 (B)relates to an alleged violation of Federal civil or criminal law; and
 (C)requires the payment of a total of not less than $1,000,000 by one or more non-Federal persons;
 (2)the term entity within the Federal Government includes an officer or employee of the Federal Government acting in an official capacity; and (3)the term non-Federal person means a person that is not an entity within the Federal Government.
								(b)Information To be posted online
								(1)Requirement
 (A)In generalSubject to subparagraph (B), the head of each Executive agency shall make publicly available in a searchable format in a prominent location on the Web site of the Executive agency—
 (i)a list of each covered settlement agreement entered into by the Executive agency, which shall include, for each covered settlement agreement—
 (I)the date on which the parties entered into the covered settlement agreement; (II)the names of the parties that settled claims under the covered settlement agreement;
 (III)a description of the claims each party settled under the covered settlement agreement; (IV)the amount each party settling a claim under the covered settlement agreement is obligated to pay under the settlement agreement;
 (V)the total amount the settling parties are obligated to pay under the settlement agreement; and (VI)for each settling party—
 (aa)the amount, if any, the settling party is obligated to pay that is expressly specified under the covered settlement agreement as a civil or criminal penalty or fine; and
 (bb)the amount, if any, that is expressly specified under the covered settlement agreement as not deductible for purposes of the Internal Revenue Code of 1986; and
 (ii)a copy of each covered settlement agreement entered into by the Executive agency. (B)Confidentiality provisionsThe requirement to disclose information or a copy of a covered settlement agreement under subparagraph (A) shall apply to the extent that the information or copy (or portion thereof) is not subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof).
 (2)PeriodThe head of each Executive agency shall ensure that— (A)information regarding a covered settlement agreement is publicly available on the list described in paragraph (1)(A)(i) for a period of not less than 5 years, beginning on the date of the covered settlement agreement; and
 (B)a copy of a covered settlement agreement made available under paragraph (1)(A)(ii) is publicly available—
 (i)for a period of not less than 1 year, beginning on the date of the covered settlement agreement; or (ii)for a covered settlement agreement under which a non-Federal person is required to pay not less than $50,000,000, for a period of not less than 5 years, beginning on the date of the covered settlement agreement.
 (c)Public statementIf the head of an Executive agency determines that a confidentiality provision in a covered settlement agreement, or the sealing of a covered settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency shall issue a public statement stating why such action is required to protect the public interest of the United States, which shall explain—
 (1)what interests confidentiality protects; and (2)why the interests protected by confidentiality outweigh the public’s interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources.
								(d)Requirements for written
 public statementsAny written public statement issued by an Executive agency that refers to an amount to be paid by a non-Federal person under a covered settlement agreement shall—
 (1)specify which portion, if any, of the amount to be paid under the covered settlement agreement by a non-Federal person—
 (A)is expressly specified under the covered settlement agreement as a civil or criminal penalty or fine to be paid for a violation of Federal law; or
 (B)is expressly specified under the covered settlement agreement as not deductible for purposes of the Internal Revenue Code of 1986;
 (2)if no portion of the amount to be paid under the covered settlement agreement by a non-Federal person is expressly specified under the covered settlement agreement as a civil or criminal penalty or fine, include a statement specifying that is the case; and
 (3)describe in detail— (A)any actions the non-Federal person shall take under the covered settlement agreement in lieu of payment to the Federal Government or a State or local government; and
 (B)any payments or compensation the non-Federal person shall make to other non-Federal persons under the covered settlement agreement.
 (e)ConfidentialityThe requirement to disclose information under subsection (d) shall apply to the extent that the information to be disclosed (or portion thereof) is not subject to a confidentiality provision that prohibits disclosure of the information (or portion thereof).
							(f)Reporting
 (1)In generalNot later than January 15 of each year, the head of an Executive agency that entered into a covered settlement agreement during the previous fiscal year shall submit to each committee of Congress with jurisdiction over the activities of the Executive agency a report indicating—
 (A)how many covered settlement agreements the Executive agency entered into during that fiscal year; (B)how many covered settlement agreements the Executive agency entered into during that fiscal year that had any terms or conditions that are required to be kept confidential; and
 (C)how many covered settlement agreements the Executive agency entered into during that fiscal year for which all terms and conditions are required to be kept confidential.
 (2)Availability of reportsThe head of an Executive agency that is required to submit a report under paragraph (1) shall make the report publically available in a searchable format in a prominent location on the Web site of the Executive agency..
				(2)Technical and
 conforming amendmentThe table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following:
					307. Information regarding settlement
				  agreements..
				(b)Securities
			 reporting
				(1)In
 generalEach issuer of securities that is required to file annual or other periodic reports with the Commission under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m and 78o(d)) shall describe in such a report any claim filed for a deduction under the Internal Revenue Code of 1986 during the reporting period that relates to a payment required under a covered settlement agreement.
 (2)DefinitionsAs used in this subsection—
 (A)the term Commission means the Securities and Exchange Commission;
 (B)the term covered settlement agreement has the meaning given that term in section 307 of title 5, United States Code, as added by subsection (a); and
 (C)the term issuer has the same meaning as in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c).
 (c)Review of confidentiality of settlement agreementsNot later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report regarding how Executive agencies (as defined under section 105 of title 5, United States Code) determine whether the terms of a settlement agreement or the existence of a settlement agreement will be treated as confidential, which shall include recommendations, if any, for legislative or administrative action to increase the transparency of Government settlements while continuing to protect the legitimate interests that confidentiality provisions serve.


113 HR 457 IH: Criminal Alien Accountability Act
U.S. House of Representatives
2013-02-04
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. 457
		IN THE HOUSE OF REPRESENTATIVES

			February 4, 2013
			Mr. Issa introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend section 276 of the Immigration and Nationality
		  Act to impose mandatory sentencing ranges with respect to aliens who reenter
		  the United States after having been removed, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Criminal Alien Accountability
			 Act.
		2.Mandatory
			 sentencing ranges related to reentry by removed alien
			(a)FindingsThe
			 Congress finds as follows:
				(1)The security of
			 the United States is dependent on the Nation’s ability to regulate the
			 immigration of aliens into the United States.
				(2)Removal from the
			 United States of certain criminal aliens is necessary, and the unauthorized
			 reentry of those aliens constitutes a threat to the people of the United
			 States.
				(3)The Congress
			 should deter such reentry by specifying mandatory sentencing ranges for these
			 crimes.
				(b)Mandatory
			 sentencing ranges for reentering aliensSection 276 of the Immigration and
			 Nationality Act (8 U.S.C. 1326) is amended—
				(1)in subsection (a),
			 in the matter following paragraph (2), by striking imprisoned not more
			 than 2 years, and insert imprisoned for a term of not less than
			 1 year and not more than 2 years,; and
				(2)in subsection
			 (b)—
					(A)in paragraph (1), by striking
			 imprisoned not more than 10 years, and insert imprisoned
			 for a term of not less than 5 years and not more than 10 years,;
					(B)in paragraph (2), by striking
			 imprisoned not more than 20 years, and insert imprisoned
			 for a term of not less than 10 years and not more than 20 years,;
			 and
					(C)in paragraph (4), by striking
			 imprisoned for not more than 10 years, and insert
			 imprisoned for a term of not less than 5 years and not more than 10
			 years,.
					(c)Mandatory
			 sentencing ranges for persons aiding or assisting certain reentering
			 aliensSection 277 of the Immigration and Nationality Act (8
			 U.S.C. 1327) is amended—
				(1)by striking
			 Any person and inserting (a) Subject to subsection (b),
			 any person; and
				(2)by adding at the
			 end the following:

						(b)(1)Any person who knowingly
				aids or assists any alien violating section 276(b) to reenter the United
				States, or who connives or conspires with any person or persons to allow,
				procure, or permit any such alien to reenter the United States, shall be fined
				under title 18, United States Code, or imprisoned for a term imposed under
				paragraph (2), or both.
							(2)The term of imprisonment imposed
				under paragraph (1) shall be within the range to which the reentering alien is
				subject under section
				276(b).
							.