		II

		109th CONGRESS

		1st Session

		S. 1705

		IN THE SENATE OF THE UNITED STATES

			September 14, 2005

			Mr. Salazar introduced

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

			 Committee on

			 Finance

		A BILL

		To allow a credit against income tax for providing

		  housing to victims of Hurricane Katrina and to amend the Internal Revenue Code

		  of 1986 to waive the limitation on charitable donations by individuals for

		  donations for the relief of the victims of Hurricane Katrina.

		1.Credit for expenses incurred

			 for housing victims of Hurricane Katrina

			(a)In

			 generalIn the case of an individual, there shall be allowed as a

			 credit against the tax imposed by chapter 1 of the Internal Revenue Code of

			 1986 for the taxable year an amount equal to $20 for each day the taxpayer

			 houses a Hurricane Katrina evacuee in the taxpayer's principal place of abode

			 during the period beginning on August 26, 2005, and ending on December 31,

			 2005.

			(b)Limitations

				(1)Dollar

			 limitationThe credit allowed under subsection (a) shall not

			 exceed—

					(A)$900 with respect

			 to any Hurricane Katrina evacuee, and

					(B)$2,000 with

			 respect to any taxpayer.

					(2)Minimum length

			 of stayNo credit shall be allowed under subsection (a) with

			 respect to any Hurricane Katrina evacuee unless such evacuee is housed at the

			 taxpayer's principal residence for at least 7 consecutive days.

				(c)Hurricane

			 Katrina evacueeFor purposes of this section, the term

			 Hurricane Katrina evacuee means any individual—

				(1)whose principal

			 place of abode is within an area—

					(A)with respect to which a major disaster has

			 been declared by the President before September 14, 2005, under section 401 of

			 the Robert T. Stafford Disaster Relief and Emergency Assistance Act in

			 connection with Hurricane Katrina, and

					(B)which is

			 determined by the President before such date to warrant individual assistance,

			 or individual and public assistance, from the Federal Government under such

			 Act, and

					(2)who is not able

			 to inhabit such principal place of abode due to damage sustained from Hurricane

			 Katrina.

				(d)Treatment of

			 creditExcept as provided in subsection (e), for purposes of the

			 Internal Revenue Code of 1986, the credit allowed under subsection (a) shall be

			 treated as a credit allowed under subpart A of part IV of subchapter A of

			 chapter 1 of such Code.

			(e)Portion of

			 credit refundableThe aggregate credits allowed to a taxpayer

			 under subpart C of the Internal Revenue Code of 1986 shall be increased by the

			 lesser of—

				(1)the amount of the

			 credit which would be allowed under this section without regard to this

			 subsection and the limitation under section 26(a) of such Code, or

				(2)$500.

				The amount

			 of the credit allowed under this subsection shall reduce the amount of the

			 credit otherwise allowable under subsection (a) without regard to section 26(a)

			 of such Code.2.Waiver of limit

			 on charitable donations for relief of victims of Hurricane Katrina

			(a)In

			 generalParagraph (1) of section 170(b) of the Internal Revenue

			 Code of 1986 is amended by adding at the end the following new

			 subparagraph:

					(G)Waiver of

				limitation for Hurricane Katrina contributions

						(i)In

				generalThis paragraph shall be disregarded with respect to the

				aggregate of contributions for any taxable year which are described in clause

				(ii).

						(ii)Contribution

				describedA contribution is described in this clause if such

				contribution is a cash contribution made before January 1, 2010, for the relief

				of victims in areas affected by Hurricane

				Katrina.

						.

			(b)Effective

			 dateThe amendment made by subsection (a) shall apply to

			 contributions made after August 28, 2005.


116 S2889 IS: Save Our Stages Extension Act
U.S. Senate
2021-09-29
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.

II117th CONGRESS1st SessionS. 2889IN THE SENATE OF THE UNITED STATESSeptember 29, 2021Mr. Cornyn (for himself and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Small Business and EntrepreneurshipA BILLTo amend the Consolidated Appropriations Act, 2021 to address the timing for the use of funds with respect to grants made to shuttered venue operators.1.Short titleThis Act may be cited as the Save Our Stages Extension Act.2.Grants for shuttered venue operatorsSection 324(d) of title III of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) is amended by striking paragraph (1) and inserting the following:(1)Timing(A)Expenses incurredAmounts received under a grant under this section may be used for costs incurred during the period beginning on March 1, 2020, and ending on March 11, 2023.(B)ExpenditureAn eligible person or entity shall return to the Administrator any amounts received under a grant under this section that are not expended on or before April 15, 2023, with respect to costs incurred during the period described in subparagraph (A)..


109 HR 3013 IH: Oregon National Forest Administrative Site Disposal Act
U.S. House of Representatives
2005-06-21
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.

I
109th CONGRESS
1st Session
H. R. 3013
IN THE HOUSE OF REPRESENTATIVES

June 21, 2005
Mr. DeFazio introduced the following bill; which was referred to the Committee on Resources

A BILL
To provide for the disposal of certain Forest Service administrative sites in the State of Oregon, and for other purposes.

1.Short titleThis Act may be cited as the Oregon National Forest Administrative Site Disposal Act.
2.Disposal of administrative sites, National Forest System lands, Oregon
(a)Conveyance authorityThe Secretary of Agriculture (in this section referred to as the Secretary) may sell or exchange, under such terms and conditions as the Secretary may prescribe, any or all right, title, and interest of the United States in and to the following National Forest System lands and improvements thereon located in the Rogue River, Siskiyou, Siuslaw, Umpqua, and Willamette National Forests in the State of Oregon:
(1)Tract ror-aStar Gulch Complex, Jacksonville, Oregon, consisting of approximately 2.25 acres in the north half of section 28, township 39 south, range 3 west, Willamette meridian, and containing the Star Gulch complex buildings of the Applegate Ranger District.
(2)Tract ror-bButte Falls Houses, Butte Falls, Oregon, consisting of approximately 0.50 acres in the S1/2NE1/4 of section 10, township 35 south, range 2 east, Willamette meridian, and containing those Forest lands in the Butte Falls Ranger District associated with Butte Falls Houses.
(3)Tract sis-aOld Agness Guard Station, Agness, Oregon, consisting of approximately 2.5 acres in the SE1/4, NE1/4, Lot 14, of section 7, township 35 south, range 11 west, Willamette meridian, and containing those Forest lands in the Gold Beach Ranger District and associated administrative buildings at the Old Agness Guard Station.
(4)Tract sis-bChetco Ranger District Housing Complex, Brookings, Oregon, consisting of approximately 1.5 acres in the SW1/4, Block 29, of section 5, township 41 south, range 13 west, Willamette meridian, and containing the Chetco Ranger District and the associated housing complex.
(5)Tract sis-cDaycare center on Wallace Street in Gold Beach, Oregon, consisting of approximately 0.25 acres.
(6)Tract sis-dPowers South Work Center, Powers, Oregon, consisting of approximately 1.59 acres in the east 1/2 of section 13, township 31 south, range 12 west, Willamette meridian, and containing the South Compound site and associated administrative buildings.
(7)Tract siu-bGardiner Administrative Site, Gardiner, Oregon, consisting of approximately 3.4 acres in the NW1/4NE1/4 of section 22, township 21 south, range 12 west, Willamette meridian, and containing the Gardiner Administrative Site and the associated administrative buildings.
(8)Tract siu-cWaldport Administrative Site, Waldport, Oregon, consisting of approximately 6.65 acres in the SW1/4SW1/4 of section 19, township 13 south, range 11 west, and the SE1/4SE1/4 of section 24, township 13 south, range 12 west, Willamette meridian, and containing the Waldport Administrative Site and the associated administrative buildings.
(9)Tract ump-aRoseburg Service Center Administrative Site, Roseburg, Oregon, consisting of approximately 2.92 acres in the NE1/4NW1/4 of section 20, township 27 south, range 5 west, Umpqua meridian.
(10)Tract ump-bRoseburg Powder House Administrative Site, Roseburg, Oregon, consisting of approximately 1.34 acres in section 15, township 27 south, range 5 west, Umpqua meridian.
(11)Tract ump-cBrown Street Residence Administrative Site, Glide, Oregon, consisting of approximately 2.35 acres in the E1/2NW1/4 of section 19, township 26 south, range 3 west, Umpqua meridian.
(12)Tract wil-aBlue River Administrative Site, Blue River, Oregon, consisting of approximately 31.91 acres in the SW1/4S1/2 of section 28, township 16 south, range 4 east, Willamette meridian, and containing the upper portion of the Blue River Ranger District Compound and the associated administrative buildings.
(13)Tract wil-bHemlock Houses, Westfir, Oregon, consisting of approximately 6 acres in section 12, township 21 south, range 2 east, Willamette meridian, and containing those lands in Lot 2 associated with the Hemlock Houses.
(14)Tract wil-cFlat Creek Administrative Site, Oakridge, Oregon, consisting of approximately 45 acres in the NW1/4 of section 14, township 21 south, range 3 east, Willamette meridian, and containing the Rigdon Ranger District Compound and the associated administrative buildings.
(15)Tract wil-dSubject to section 3, Rigdon Administrative Site, Oakridge, Oregon, consisting of approximately 15 acres in the NE1/4NE1/4 of section 21, township 21 south, range 3 east, Willamette meridian, and containing the Rigdon Ranger District Compound and the associated administrative buildings.
(16)Tract wil-fCascadia Administrative Site, Sweet Home, Oregon, consisting of approximately 15 acres in the SE1/4 of section 36, township 13 south, range 2 east, Willamette meridian, and containing the Cascadia Administrative Site and the associated administrative buildings.
(17)Tract wil-oWillamette National Forest Warehouse Administrative Site, Eugene, Oregon, consisting of approximately 2.4 acres in the NW1/4SE1/4 of section 25, township 17 south, range 4 west, Willamette meridian, and containing the Willamette National Forest Warehouse Administrative Site and the associated administrative buildings.
(18)Tract wil-pWestfir Residences, Westfir, Oregon, consisting of approximately 20 acres in the NW1/4SW1/4 of section 8, township 21 south, range 3 east, Willamette meridian, and containing those lands associated with the Westfir Residences of a community nature.
(b)Maps and correction authorityThe lands described in subsection (a) (other than in paragraphs (9), (10), and (11) of such subsection) are depicted on maps entitled Oregon Land Dispositions and dated June 30, 2003. The lands described in paragraphs (9), (10), and (11) of such subsection, Tracts UMP-A, UMP-B, and UMP-C, are depicted on the map entitled Umpqua National Forest Land Dispositions and dated June 1, 2003. The maps shall be on file and available for public inspection in the office of the Chief of the Forest Service until such time as the lands are conveyed. The Secretary may make minor corrections to the maps and may modify the descriptions in subsection (a) to correct errors or to reconfigure the lands to facilitate their conveyance.
(c)Consideration
(1)Authorized considerationConsideration for the conveyance of land described in subsection (a) may include cash, land, including land with improvements constructed to the specifications of the Secretary, or a combination thereof.
(2)Conveyances to public entitiesThe Secretary may convey, without consideration, to the State of Oregon or a local government for public purposes any or all right, title and interest of the United States in and to land described in subsection (a). The conveyance of land without consideration under this paragraph shall be subject to such terms, conditions, and restrictions as the Secretary considers appropriate, and the Secretary shall include in the deed of conveyance a right of the United States to reenter and take title to the land if the land is sold or conveyed to another party or is devoted to a use other than the use for which the land was conveyed.
(3)Authorization of direct saleIn the case of the land described in paragraph (17) of subsection (a), Tract WIL-O, the Secretary shall grant the Eugene Mission the right to acquire the land in a direct sale for market value.
(d)Conveyance methods
(1)In generalThe Secretary may convey land under subsection (a) at public or private sale, including competitive sale by auction, bid, or otherwise, in accordance with such terms, conditions, and procedures as the Secretary determines will be in the best interests of the United States.
(2)Solicitations of offersThe Secretary may solicit offers for the conveyance of land under subsection (a) on such terms and conditions as the Secretary considers appropriate. The Secretary may reject any offer if the Secretary determines that the offer is not adequate or not in the public interest.
(3)Use of brokersThe Secretary may use real estate brokers in the conveyance of lands under subsection (a), and may pay appropriate commissions commensurate with the prevailing rates in the area.
(e)ValuationAny appraisal considered necessary by the Secretary to convey land described in subsection (a) shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions.
(f)Cash equalization paymentsNotwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any land conveyed by exchange under authority of subsection (a).
(g)Deposit and treatment of proceedsThe Secretary shall deposit the proceeds from the conveyance of the land described in subsection (a) in the fund established under Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a). No portion of the proceeds may be paid or distributed to the State of Oregon or a county in the State under any provision of law, and the proceeds are not moneys received from the National Forest for any purpose.
(h)Use of deposited funds
(1)Authorized usesFunds deposited pursuant to subsection (g) shall be available to the Secretary, without further appropriation and until expended, for the following purposes:
(A)The acquisition of land and interests in land for inclusion in a unit of the National Forest System specified in subsection (a).
(B)The payment or reimbursement of costs incurred by the Forest Service in processing and arranging conveyances under this section, including the payment of real estate broker commissions authorized under subsection (d).
(C)The acquisition or construction of new facilities, or the rehabilitation of existing facilities, in a unit of the National Forest System specified in subsection (a).
(2)Land acquisitionThe use of the land acquisition authority provided by paragraph (1)(A) is subject to the following conditions:
(A)The amount available for expenditure in each unit of the National Forest System referred to in subsection (a) shall be equal to the amount derived from the conveyance of land described in such subsection in that unit, reduced by any costs incurred by the Forest Service in processing those conveyances.
(B)Funds derived from conveyances under this section may be used for the acquisition of lands and interests in land in other units of the National Forest System in Oregon if the Regional Forester for Region 6 agrees to such use.
(3)Administration of lands acquired by the United StatesLands acquired by the Secretary under this subsection or acquired by exchange under this section shall be managed in accordance with the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.), and other laws and regulations pertaining to the National Forest System.
(i)Departmental regulationsThe Agriculture Property Management Regulations shall not apply to any action taken pursuant to this section.
(j)Withdrawals and revocations
(1)Public land ordersEffective as of the date of the enactment of this Act, any public land orders applicable to the land described in subsection (a) are revoked with respect to that lands.
(2)WithdrawalSubject to valid existing rights, land described in subsection (a) are withdrawn from location, entry, and patent under the mining laws of the United States.
3.Land conveyance, portion of Rigdon Administrative Site, Oakridge, Oregon, Tract WIL-D
(a)Conveyance requiredThe Secretary of Agriculture shall convey, without consideration, to the City of Oakridge, Oregon (in the section referred to as the City), all right, title, and interest of the United States in and to the lower portion of the land described in section 2(a)(15), Tract WIL-D, for the purpose of facilitating the establishment of a timber museum on the conveyed land to be managed by the Upper Willamette Pioneer Association.
(b)Legal descriptionThe portion of Tract WIL-D to be conveyed to the City under this section is located generally west of Rigdon Drive, but the Secretary shall determine the exact acreage and description of the land to be conveyed. The conveyed land may not include the five residential properties on the upper portion of Tract WIL-D, generally located northeast of the intersection of Highway 58 and Rigdon Drive.
(c)Condition of conveyanceAs a condition of the conveyance under this section, the City and the Upper Willamette Pioneer Association shall agree to honor the life and contributions of Loran L. Stub Stewart with an appropriate display in the museum established on the conveyed property.
4.Boundary adjustment, Rogue-Umpqua Divide Wilderness, Oregon
(a)Boundary adjustmentThe Rogue-Umpqua Divide wilderness boundary, as established by the Oregon Wilderness Act of 1984 (Public Law 98–328; 98 Stat. 273; 16 U.S.C. 1132 note) and approved by the Forest Service on May 4, 1987, is adjusted as depicted on the map entitled Rogue-Umpqua Divide Wilderness Boundary Modification and dated May 6, 2003. The adjustment is more fully described as follows:
(1)Beginning at township 30 south, range 3 east, Willamette base and meridian, from Angle Point 927 of the legal boundary description monumented with a 2 inch diameter brass cap, set in cement, marked USDA FOREST SERVICE AP 927 2001.
(2)Thence north 63°39´34´´ east, 3700.00 feet to new Angle Point 927B.
(3)Thence south 84°20´00´´ east, 360.00 feet to new Angle Point 927C.
(4)Thence on a line northeasterly, approximately 330 feet, to original Angle Point 928, which is monumented with a 1–1/2 inch diameter aluminum cap, on a 5/8 diameter rod driven flush with the ground, marked AP 928 1999.
(5)Thence north 23°00´00´´ west, 175.00 feet to new Angle Point 928A.
(6)Thence on a line northeasterly, 1260 feet, more or less, to original Angle Point 929, which is described in the legal boundary description as A high point on a ridge in section 7, township 30 south, range 3 east, Willamette base and meridian, with an elevation of approximately 4150 feet.
(b)MapThe map referred to in subsection (a) shall be on file and available for public inspection in the office of the Chief of the Forest Service. The Secretary of Agriculture may correct technical errors in the map and legal description specified in subsection (a).


110 HRES 1512 IH: Expressing support for designation of

U.S. House of Representatives
2008-09-27
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.

		IV
		110th CONGRESS
		2d Session
		H. RES. 1512
		IN THE HOUSE OF REPRESENTATIVES

			September 27, 2008
			Mr. Hall of Texas
			 submitted the following resolution; which was referred to the
			 Committee on Oversight and Government
			 Reform

		RESOLUTION
		Expressing support for designation of
		  February 8, 2010, as Boy Scouts of America Day in celebration of
		  the 100th anniversary.

		Whereas Boy Scouts of America was incorporated by Chicago
			 publisher, William Boyce on February 8, 1910, after learning of the scouting
			 movement during a visit to London;
		Whereas, on June 21, 1901, a group of 34 national
			 representatives met, developed organization plans, and opened a temporary
			 national headquarters in New York;
		Whereas the purpose of Boy Scouts of America is to “teach
			 [boys] patriotism, courage, self-reliance, and kindred values”;
		Whereas by 1912, Boy Scouts were enrolled in every
			 State;
		Whereas in 1916, Congress granted Boy Scouts of America a
			 Federal charter;
		Whereas each council will commit each Boy Scout to perform
			 12 hours of community service yearly, totaling 200,000,000 community service
			 hours each year;
		Whereas there are now more than 111,000,000 Boy Scouts,
			 and the organization is found in 185 countries around the world;
		Whereas February 8, 2010, would be an appropriate day to
			 designate as Boy Scouts of America Day in celebration of the
			 100th anniversary; and
		Whereas Boy Scouts of America endeavors to develop United
			 States citizens who are physically, mentally, and emotionally fit, have a high
			 degree of self-reliance as evidenced in such qualities as initiative, courage,
			 and resourcefulness, have personal values based on religious concepts, have the
			 desire and skills to help others, understand the principles of the United
			 States social, economic, and governmental systems, take pride in their American
			 heritage and understand our Nation’s role in the world, have a keen respect for
			 the basic rights of all people, and are prepared to participate in and give
			 leadership to the American society: Now, therefore, be it

		That the House of Representatives
			 supports the designation of Boy Scouts of America Day in
			 celebration of the 100th anniversary.


		II

		109th CONGRESS

		1st Session

		S. 2111

		IN THE SENATE OF THE UNITED STATES

			December 15, 2005

			Mr. Bayh 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 a

		  credit for small business employee training expenses, to increase the exclusion

		  of capital gains from small business stocks, to extend expensing for small

		  businesses, and for other purposes.

		1.Short titleThis Act may be cited as the

			 Small Business Growth Initiative Act

			 of 2005.

		2.Credit for employee

			 training expenses of small businesses

			(a)In

			 GeneralSubpart D of part IV of subchapter A of chapter 1 of the

			 Internal Revenue Code of 1986 (relating to business related credits) is amended

			 by adding at the end the following new section:

					45N.Small business

				employee training expenses

						(a)In

				General

							(1)Allowance of

				creditFor purposes of section 38, in the case of an eligible

				small business employer, the small business employee training credit determined

				under this section for the taxable year is an amount equal to so much of the

				qualified training expenses paid or incurred by the eligible small business

				employer with respect to qualified employees as exceeds the base amount.

							(2)Base

				amountFor purposes of paragraph (1)—

								(A)In

				generalThe base amount is an amount equal to the average amount

				of qualified training expenses paid or incurred by the eligible small business

				employer with respect to all qualified employees for the 3 preceding taxable

				years.

								(B)Special rule

				for new businesses

									(i)Businesses with

				at least 1 taxable yearIn the case of an eligible small business

				employer which has at least 1 full preceding taxable year but fewer than 3

				preceding taxable years, the base amount shall be the amount of qualified

				training expenses paid or incurred by such employer with respect to all

				qualified employees during the preceding taxable year.

									(ii)Start-up

				yearIn the case of an eligible small business employer which

				does not have any full preceding taxable years, the base amount shall be

				zero.

									(b)Limitations

							(1)Per employee

				limitationThe amount of the credit allowed under subsection (a)

				for any taxable year with respect to any qualified employee shall not exceed

				$1,000 ($500 in the case of an eligible small business to which subsection

				(a)(2)(B)(ii) applies).

							(2)Number of

				employeesNot more than 5 qualified employees may be taken into

				account under subsection (a) for any taxable year.

							(c)Eligible Small

				Business Employer

							(1)In

				generalThe term eligible small business employer

				means, with respect to any calendar year, an employer who employed an average

				of at least 2 but not more than 100 employees on business days during the

				preceding taxable year.

							(2)ExceptionSuch

				term shall not include any employer who is a physician or whose principal

				business is providing legal, accounting, engineering, architectural, or similar

				services.

							(d)Qualified

				Training ExpensesFor purposes of this section, the term

				qualified training expenses means expenses paid or incurred for

				the training of a qualified employee to a person who is an eligible provider of

				training services within the meaning of section 122 of the Workforce Investment

				Act of 1998.

						(e)Qualified

				EmployeeFor purposes of this section, the term qualified

				employee means an individual who has been employed by the eligible small

				business employer on a full-time basis for at least 6 months and who is not any

				of the following:

							(1)A highly

				compensated employee (within the meaning of section 414(q)).

							(2)A physician or a

				veterinarian.

							(3)An individual

				participating in an apprenticeship or a specialty trade skills development

				program associated with a specialty trade contractor as specified in subsection

				238 of the North American Industry Classification System (as in effect on the

				date of the enactment of this

				section).

							.

			(b)Credit Made

			 Part of General Business CreditSection 38(b) of the Internal

			 Revenue Code of 1986 is amended by striking and at the end of

			 paragraph (25), by striking the period at the end of paragraph (26) and

			 inserting , plus, and by adding at the end the following new

			 paragraph:

					(27)the small

				business employee training credit determined under section

				45N(a).

					.

			(c)Clerical

			 AmendmentThe table of sections for subpart D of part IV of

			 subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by

			 adding at the end the following new item:

						Sec. 45N. Small business employee training

				credit.

					.

			(d)Effective

			 DateThe amendments made by this section shall apply to

			 expenditures incurred after December 31, 2005.

			3.Increased

			 exclusion and other modifications applicable to qualified small business

			 stock

			(a)Increased

			 exclusion

				(1)In

			 generalSubsection (a) of section 1202 of the Internal Revenue

			 Code of 1986 (relating to 50-percent exclusion for gain from certain small

			 business stock) is amended to read as follows:

						(a)ExclusionGross

				income shall not include any gain from the sale or exchange of qualified small

				business stock held for more than 3

				years.

						.

				(2)Conforming

			 amendments

					(A)Subparagraph (A)

			 of section 1(h)(4) of such Code is amended to read as follows:

							(A)collectibles

				gain,

				over

							.

					(B)Section 1(h) of

			 such Code is amended by striking paragraph (7).

					(C)(i)Section 1(h) of such

			 Code is amended by redesignating paragraphs (8), (9), (10), (11), (12), and

			 (13) as paragraphs (7), (8), (9), (10), (11), and (12), respectively.

						(ii)Sections 163(d)(4)(B), 854(b)(5),

			 857(c)(2)(D) of such Code are each amended by striking section

			 1(h)(11)(B) and inserting section 1(h)(10)(B).

						(iii)The following sections in

			 301(f)(4) of such Code are each amended by striking section

			 1(h)(11) and inserting section 1(h)(10):

							(I)Section 301(f)(4).

							(II)Section 306(a)(1)(D).

							(III)Section 584(c).

							(IV)Section702(a)(5).

							(V)Section 854(a).

							(VI)Section 854(b)(2).

							(iv)The heading of section 857(c)(2)

			 is amended by striking 1(h)(11) and inserting

			 1(h)(10).

						(D)Subsection (c) of

			 section 1202 of such Code is amended by adding at the end the following new

			 paragraph:

							(4)Stock held

				among members of controlled group not eligibleStock of a member

				of a parent-subsidiary controlled group (as defined in subsection (d)(3)) shall

				not be treated as qualified small business stock while held by another member

				of such

				group.

							.

					(E)Subsections

			 (g)(2)(A) and (j)(1)(A) of section 1202 of such Code are each amended by

			 striking 5 years and inserting 3 years.

					(F)The heading for

			 section 1202 of such Code is amended by striking

			 partial.

					(G)The table of

			 sections for part I of subchapter P of chapter 1 of such Code is amended by

			 striking Partial exclusion in the item relating to section 1202

			 and inserting Exclusion.

					(b)Repeal of

			 minimum tax preference

				(1)In

			 generalSubsection (a) of section 57 of the Internal Revenue Code

			 of 1986 (relating to items of tax preference) is amended by striking paragraph

			 (7).

				(2)Technical

			 amendmentSubclause (II) of section 53(d)(1)(B)(ii) of such Code

			 is amended by striking , (5), and (7) and inserting and

			 (5).

				(c)Repeal of

			 Per-Issuer limitationSection 1202(b) of the Internal Revenue

			 Code of 1986 (relating to per-issuer limitations on taxpayer’s eligible gain)

			 is repealed.

			(d)Other

			 modifications

				(1)Repeal of

			 working capital limitationSection 1202(e)(6) of the Internal

			 Revenue Code of 1986 (relating to working capital) is amended—

					(A)in subparagraph

			 (B), by striking 2 years and inserting 5 years;

			 and

					(B)by striking the

			 last sentence.

					(2)Exception from

			 redemption rules where business purposeSection 1202(c)(3) of

			 such Code (relating to certain purchases by corporation of its own stock) is

			 amended by adding at the end the following new subparagraph:

						(D)Waiver where

				business purposeA purchase of stock by the issuing corporation

				shall be disregarded for purposes of subparagraph (B) if the issuing

				corporation establishes that there was a business purpose for such purchase and

				one of the principal purposes of the purchase was not to avoid the limitations

				of this

				section.

						.

				(e)Qualified trade

			 or businessSection 1202(e)(3) of the Internal Revenue Code of

			 1986 (defining qualified trade or business) is amended by inserting

			 and at the end of subparagraph (C), by striking ,

			 and at the end of subparagraph (D) and inserting a period, and by

			 striking subparagraph (E).

			(f)Effective

			 datesThe amendments made by this section apply to stock issued

			 after December 31, 2005.

			4.Extension of

			 increased expensing for small businessSubsections (b), (c), and (d) of section 179

			 are each amended by striking 2008 each place it appears and

			 inserting 2011.

		5.SBIR and STTR

			 program expenditures

			(a)SBIR program

			 expendituresSection 9(f)(1)

			 of the Small Business Act (15 U.S.C. 638(f)(1)) is amended by striking

			 subparagraphs (A) through (C) and inserting the following:

					(A)not less than 2.5

				percent of such budget in fiscal year 2006;

					(B)not less than 3.0

				percent of such budget in fiscal year 2007;

					(C)not less than 3.5

				percent of such budget in fiscal year 2008;

					(D)not less than 4.0

				percent of such budget in fiscal year 2009;

					(E)not less than 4.5

				percent of such budget in fiscal year 2010; and

					(F)not less than 5.0

				percent of such budget in fiscal year 2011 and each fiscal year

				thereafter,

					.

			(b)STTR program

			 expendituresSection

			 9(n)(1)(B) of the Small Business Act (15 U.S.C. 638(n)(1)(B)) is amended by

			 striking clauses (i) and (ii) and inserting the following:

					(i)not less than 0.3

				percent in fiscal year 2006;

					(ii)not less than

				0.36 percent in fiscal year 2007;

					(iii)not less than

				0.42 percent in fiscal year 2008;

					(iv)not less than

				0.48 percent in fiscal year 2009;

					(v)not less than

				0.54 percent in fiscal year 2010;

					(vi)not less than

				0.6 percent in fiscal year 2011 and each fiscal year

				thereafter.

					.

			6.Expansion of

			 credit for small employer pension plan startup costs

			(a)In

			 generalParagraph (1) of section 45E(b) of the Internal Revenue

			 Code of 1986 is amended by striking $500 and inserting

			 $1,000.

			(b)Effective

			 dateThe amendment made by this section shall apply to taxable

			 years beginning after December 31, 2005.


116 HRES 1182 IH: Recognizing the roles and the contributions of America’s certified nurse-midwives and certified midwives in providing high-quality, evidence-based, cost-effective, and essential sexual and reproductive health care services to women and pregnant people.
U.S. House of Representatives
2020-10-06
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.

IV116th CONGRESS2d SessionH. RES. 1182IN THE HOUSE OF REPRESENTATIVESOctober 6, 2020Ms. Roybal-Allard submitted the following resolution; which was referred to the Committee on Energy and CommerceRESOLUTIONRecognizing the roles and the contributions of America’s certified nurse-midwives and certified midwives in providing high-quality, evidence-based, cost-effective, and essential sexual and reproductive health care services to women and pregnant people.Whereas certified nurse-midwives (CNMs) and certified midwives (CMs) are essential to America’s maternal health care system, providing a wide range of sexual and reproductive health care services for people, including the independent provision of primary care, gynecologic and contraceptive services, preconception care, care during pregnancy, childbirth and the postpartum period, and care of the normal newborn during the first 28 days of life;Whereas CNMs and CMs care for people throughout their lifespan, from adolescence to beyond menopause, and attend approximately 10 percent of our Nation’s births annually and serve as frontline essential health care providers during the COVID–19 pandemic;Whereas midwives and midwifery-led care is evidence‐based and has been shown to reduce maternal and neonatal mortality, rates of stillbirth, perineal trauma, instrumental births, intrapartum analgesia use, rates of severe blood loss, preterm birth, low birth weight, and neonatal hypothermia, and has furthermore been associated with more efficient use of resources and improved outcomes including increased rates of spontaneous labor, vaginal birth, and breastfeeding;Whereas women and pregnant people who receive midwifery care have higher rates of satisfaction with their midwifery-led health care, pain relief in labor, and maternal-newborn interaction;Whereas CNMs and CMs play an integral role in improving health outcomes for all women, pregnant people, and newborns in their communities;Whereas midwifery care is associated with decreased pregnancy-related racial and ethnic health disparities and the profession of midwifery in the African-American community has a rich history dating back centuries;Whereas Black, indigenous, and people of color CNMs and CMs play an integral role in improving health outcomes for women, pregnant people, and newborns in their communities;Whereas midwifery is a significant source of maternal health services in rural, underserved, and low-resource urban areas, and CNMs and CMs attend over 30 percent of deliveries in rural hospitals;Whereas CNMs and CMs provide care in every setting in which sexual and reproductive health care services are delivered, including hospitals, private office practices, public health departments, community health centers, the Armed Forces, the Veterans Health Administration, the Indian Health Service, freestanding birth centers, and in the home setting;Whereas 2020 has been designated by the World Health Organization as the International Year of the Nurse and the Midwife;Whereas, in 1982, Congress passed a resolution designating April 19 through 26 as the first National Nurse-Midwifery Week, and the week continued to be observed in April until 1986 when the observance moved to November 2 through 8; Whereas, since 1988, National Midwifery Week has been celebrated during the last week of September or the first week of October in order to raise public awareness of and celebrate the Nation’s 13,000 certified nurse-midwives, certified midwives, and student midwives; andWhereas the celebration of National Midwifery Week 2020 is October 4 through October 10: Now, therefore, be itThat the House of Representatives—(1)acknowledges the celebration of National Midwifery Week;(2)recognizes the roles and the contributions of America’s certified nurse-midwives and certified midwives in providing high-quality, evidence-based, cost-effective, and essential sexual and reproductive health care services to women and pregnant people;(3)thanks and promotes the profession of midwifery as practiced by certified nurse-midwives and certified midwives; and(4)encourages consumers, hospital administrators, health care professionals, policymakers, and others to become more familiar with the certified nurse-midwife and certified midwife credential and the exceptional people who have earned it and are currently studying to earn it by participating in National Midwifery Week.


109 HR 3241 IH: To reduce temporarily the duty on myclobutanil.
U.S. House of Representatives
2005-07-12
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. 3241
IN THE HOUSE OF REPRESENTATIVES

July 12, 2005
Mr. Buyer introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To reduce temporarily the duty on myclobutanil.

1.Myclobutanil
(a)In generalHeading 9902.02.91 of the Harmonized Tariff Schedule of the United States (relating to myclobutanil) is amended—
(1)by striking 1.9% and inserting 3.0%; and
(2)by striking 12/31/2006 and inserting 12/31/2008.
(b)Effective dateThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


115 HR 7245 IH: Venezuela Humanitarian Relief, Reconstruction, and Rule of Law Act of 2018
U.S. House of Representatives
2018-12-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 7245IN THE HOUSE OF REPRESENTATIVESDecember 10, 2018Mr. Sires (for himself, Ms. Ros-Lehtinen, Ms. Wasserman Schultz, and Mrs. Torres) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Financial Services, 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 provide humanitarian relief to the Venezuelan people and Venezuelan migrants, to advance a
			 constitutional and democratic solution to Venezuela’s political crisis, to
			 address Venezuela’s economic reconstruction, to combat public corruption,
			 narcotics trafficking, and money laundering, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Venezuela Humanitarian Relief, Reconstruction, and Rule of Law Act of 2018. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Sense of Congress.
					Title I—Humanitarian relief for Venezuela
					Sec. 101. Humanitarian assistance to Venezuelans in neighboring countries.
					Sec. 102. Support for efforts at the United Nations on the humanitarian crisis in Venezuela.
					Title II—Restoring democracy and addressing the political crisis in Venezuela
					Sec. 201. Recognition of Venezuela’s democratically elected National Assembly.
					Sec. 202. Advancing a negotiated solution to Venezuela’s crisis.
					Sec. 203. Support for the Lima Group.
					Sec. 204. Accountability for crimes against humanity.
					Title III—Supporting the reconstruction of Venezuela
					Sec. 301. Engaging international financial institutions to advance the reconstruction of
			 Venezuela’s economy and energy infrastructure.
					Sec. 302. Recovering assets stolen from the Venezuelan people.
					Title IV—Restoring the rule of law in Venezuela
					Sec. 401. Public information about sanctioned officials.
					Sec. 402. Coordinating targeted sanctions with partners in the Western Hemisphere and the European
			 Union.
					Sec. 403. Financial sanctions on Venezuelan government debt.
					Sec. 404. Exceptions for humanitarian assistance.
					Title V—Cryptocurrency sanctions and ensuring the effectiveness of United States sanctions
					Sec. 501. Sanctions on Venezuela’s cryptocurrency and the provision of related technologies.
					Sec. 502. Report on the impact of cryptocurrencies on United States sanctions.
					Title VI—Termination
					Sec. 601. Extension and termination of sanctions against Venezuela.

 2.Sense of CongressIt is the sense of Congress that— (1)Venezuela’s electoral event on May 20, 2018—
 (A)was not legitimate; and (B)did not comply with international standards for a free, fair, and transparent democratic process; and
 (2)senior officials in the de facto government of Nicolás Maduro— (A)have taken continuous steps—
 (i)to consolidate an authoritarian government; and (ii)to direct political control over Venezuela’s Supreme Tribunal of Justice, National Electoral Council, and armed forces;
 (B)have implemented policies that are directly responsible for— (i)Venezuela’s economic and humanitarian crises; and
 (ii)the massive outflow of Venezuelan migrants leaving the country; (C)have used access to food as a tool of political coercion and a source of corruption and have directly profited from corruption in food procurement contracts;
 (D)have utilized repressive tactics to violate and curtail human rights, political rights, freedom of expression, and freedom of the press, including the arbitrary detention of political prisoners; and
 (E)have engaged in acts of gross corruption and criminality that have contributed to the absence of the rule of law in Venezuela.
				IHumanitarian relief for Venezuela
			101.Humanitarian assistance to Venezuelans in neighboring countries
 (a)In generalThe Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall work through international and nongovernmental organizations to provide Venezuelans in neighboring countries with humanitarian aid, such as—
 (1)urgently needed health and nutritional assistance, including logistical and technical assistance to hospitals and health centers in affected communities;
 (2)food assistance for vulnerable individuals, including assistance to improve food security for affected communities; and
 (3)hygiene supplies and sanitation services. (b)Additional elementsThe assistance described in subsection (a)—
 (1)may be provided— (A)directly to Venezuelans in neighboring countries; or
 (B)indirectly through the communities in which the Venezuelans reside; and (2)should focus on the most vulnerable Venezuelans in neighboring countries.
					(c)Authorization of appropriations
 (1)In generalThere is authorized to be appropriated to the Secretary of State $20,000,000 for fiscal year 2019 to carry out the activities set forth in subsection (a) in accordance with this section.
					(2)Notification requirement
 (A)In generalExcept as provided under subparagraph (B), amounts appropriated or otherwise made available pursuant to paragraph (1) may not be obligated until 15 days after the date on which the President provides notice to the appropriate congressional committees of the intent to obligate such funds.
						(B)Waiver
 (i)In generalThe Secretary of State may waive the requirement under subparagraph (A) if the Secretary determines that such requirement would pose a substantial risk to human health or welfare.
 (ii)Notification requirementIf a waiver is invoked under clause (i), the President shall notify the appropriate congressional committees of the intention to obligate funds under this section as early as practicable, but not later than 3 days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver.
 (C)Defined termIn this subparagraph, the term appropriate congressional committees means— (i)the Committee on Foreign Relations of the Senate;
 (ii)the Committee on Appropriations of the Senate; (iii)the Committee on Foreign Affairs of the House of Representatives; and
 (iv)the Committee on Appropriations of the House of Representatives. 102.Support for efforts at the United Nations on the humanitarian crisis in Venezuela (a)Sense of CongressIt is the sense of Congress that the United Nations humanitarian agencies, including the Office for the Coordination of Humanitarian Affairs, the World Health Organization, the Pan American Health Organization, the Food and Agriculture Organization, UNICEF, and the United Nations High Commissioner for Refugees, should conduct and publish independent assessments regarding—
 (1)the extent and impact of the shortages of food and medicine in Venezuela; and (2)the efforts needed to resolve such shortages.
 (b)Initial effortsThe President shall instruct the Permanent Representative of the United States to the United Nations to use the voice and vote of the United States in the United Nations Security Council to secure the necessary votes—
 (1)to place the humanitarian and political crisis in Venezuela on the United Nations Security Council’s Programme of Work; and
 (2)to secure a Presidential Statement from the President of the United Nations Security Council urging the Government of Venezuela—
 (A)to allow the delivery of humanitarian relief; and (B)to lift bureaucratic impediments or any other obstacles preventing independent nongovernmental organizations from providing the proper assistance to the people of Venezuela without any interference by the Government of Venezuela.
 (c)United Nations Humanitarian CoordinatorThe President shall instruct the Permanent Representative to the United Nations to use the voice and influence of the United States to advance the appointment of a United Nations Humanitarian Coordinator for Venezuela to lead and coordinate the efforts of humanitarian organizations in a manner that contributes to Venezuela’s long-term recovery.
				(d)Additional efforts
 (1)In generalIf the Government of Venezuela refuses to allow the delivery of humanitarian relief and to lift bureaucratic impediments and any other obstacles described in subsection (b)(2)(B), the President, beginning not later than 30 days after the conclusion of the efforts of the United Nations described in such subsection, shall instruct the Permanent Representative of the United States to the United Nations to use the voice and vote of the United States to secure the adoption of a resolution described in paragraph (2).
 (2)Resolution describedThe resolution described in this paragraph is a Resolution of the United Nations Security Council that—
 (A)requires the Government of Venezuela to promptly allow safe and unhindered access for humanitarian agencies and their implementing partners, including possible support from neighboring countries; and
 (B)calls on the Government of Venezuela— (i)to allow the delivery of food and medicine to the people of Venezuela;
 (ii)to end human rights violations against the people of Venezuela; (iii)to agree to free, fair, and transparent elections with credible international observers;
 (iv)to cease violence against the people of Venezuela; and (v)to release all political prisoners held by the Government of Venezuela.
							IIRestoring democracy and addressing the political crisis in Venezuela
			201.Recognition of Venezuela’s democratically elected National Assembly
 (a)FindingsCongress makes the following findings: (1)Venezuela’s unicameral National Assembly convened on January 6, 2016, following democratic elections that were held on December 6, 2015.
 (2)Venezuela’s National Constituent Assembly convened on August 4, 2017, in the aftermath of an election on July 30, 2017, which was characterized by widespread fraud and, as a result of administrative processes, failed to comply with the Constitution of the Bolivarian Republic of Venezuela.
 (b)Sense of CongressIt is the sense of Congress that actions taken by the Government of Venezuela that require legislative approval, ratification, or concurrence, including the provision or refinancing of debts, should only be recognized as legitimate by the United States and the international community if such legislative actions are performed by the democratically elected National Assembly of the Bolivarian Republic of Venezuela.
 (c)PolicyIt is the policy of the United States— (1)to recognize the democratically elected National Assembly of Venezuela as the only legitimate national legislative body in Venezuela; and
 (2)not to recognize Venezuela’s National Constituent Assembly as a legitimate legislative body. 202.Advancing a negotiated solution to Venezuela’s crisis (a)Sense of CongressIt is the sense of Congress that—
 (1)direct, credible negotiations between the Government of Venezuela and political opposition, which include democratically elected deputies of the National Assembly of the Bolivarian Republic of Venezuela, are supported by stakeholders in the international diplomatic community, and include the input and interests of Venezuelan civil society, represent the best opportunity to reach a solution to the Venezuelan crisis that includes—
 (A)restoring democracy and the rule of law; (B)freeing political prisoners;
 (C)facilitating the delivery of humanitarian aid; and (D)establishing conditions for free and fair democratic elections;
 (2)negotiations between the Government of Venezuela and political opposition that commenced in October 2017, and were supported by the Governments of Mexico, Chile, Bolivia, and Nicaragua, did not result in an agreement because the Government of Venezuela failed to credibly participate in the process; and
 (3)negotiations between the Government of Venezuela and political opposition that commenced in October 2016, and were supported by the Vatican, did not result in an agreement because the Government of Venezuela failed to credibly participate in the process.
 (b)PolicyIt is the policy of the United States to support diplomatic engagement in order to advance a negotiated solution to Venezuela’s political, economic, and humanitarian crisis that is described in subsection (a)(1).
				203.Support for the Lima Group
 (a)FindingsCongress makes the following findings: (1)The Lima Group is a diplomatic bloc whose members include Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, Guatemala, Guyana, Honduras, Mexico, Panama, Paraguay, Peru, and Saint Lucia.
 (2)The Lima Group— (A)has condemned the rupture of the democratic order in Venezuela;
 (B)has reaffirmed the authority of the democratically elected National Assembly of Venezuela; (C)has rejected Venezuela’s National Constituent Assembly;
 (D)has called on the Government of Venezuela to accept humanitarian assistance in order to address the country’s growing economic crisis; and
 (E)has stated that it does not recognize the legitimacy of Venezuela’s May 20, 2018, presidential election as it did not comply with international standards for a democratic, free, fair, and transparent process.
 (b)Sense of CongressIt is the sense of Congress that the Secretary of State should conduct diplomatic engagement in support of efforts by the Lima Group to restore democracy and the rule of law Venezuela and facilitate the delivery of humanitarian assistance for the Venezuelan people.
				204.Accountability for crimes against humanity
 (a)FindingsCongress makes the following findings: (1)On July 25, 2017, the Secretary General of the Organization of American States stated the systematic attack against the civilian population [of Venezuela] includes murders, imprisonment and torture, and it is evident in the eyes of the international community that we are in the presence of crimes against humanity..
 (2)On September 11, 2017, the United Nations High Commissioner for Human Rights stated that Venezuelan security forces may have committed crimes against humanity against protesters and called for a credible international investigation.
 (3)A November 29, 2017, report by Human Rights Watch documented that Venezuelan security forces had used extreme and, at times, lethal forces against protesters and, once detained, subjected them to abuses ranging from severe beatings to torture involving electric shocks, asphyxiation, and other techniques.
 (4)On February 8, 2018, the Prosecutor of the International Criminal Court opened a preliminary examination of the situation in Venezuela as it relates to Venezuelan security forces using excessive force against civilians and the political opposition.
 (5)On May 29, 2018, a panel of independent international experts convened by the Secretary General of the Organization of American States found that there are reasonable grounds that satisfy the standard of proof required by Article 53 of the Rome Statute for considering that acts to which the civilian population of Venezuela was subjected […] constitute crimes against humanity.
 (b)Sense of CongressIt is the sense of Congress that the Secretary of State should conduct robust diplomatic engagement in support of efforts in Venezuela, and on the part of the international community, to ensure accountability for possible crimes against humanity and other violations of international humanitarian law and violations and abuses of human rights.
 (c)ReportNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a report to Congress that—
 (1)evaluates the degree to which the Government of Venezuela and its officials, including members of the Venezuelan security force, have engaged in actions that constitute crimes against humanity and violations of international humanitarian law; and
 (2)provides options for holding accountable the perpetrators identified under paragraph (1). IIISupporting the reconstruction of Venezuela 301.Engaging international financial institutions to advance the reconstruction of Venezuela’s economy and energy infrastructure (a)In generalThe Secretary of Treasury, in consultation with the Secretary of State and the Secretary of Energy, should work through the United States Executive Directors to the International Monetary Fund and the Multilateral Development Banks to create a framework for the economic reconstruction of Venezuela, contingent upon the restoration of democracy and the rule of law in the country.
 (b)Additional elementsThe framework created under subsection (a) should include policy proposals— (1)to provide Venezuelans with humanitarian assistance, poverty alleviation, and a social safety net;
 (2)to advance debt restructuring and debt sustainability measures; (3)to restore the production and efficient management of Venezuela’s oil industry, including rebuilding energy infrastructure;
 (4)to eliminate price controls and market distorting subsidies in the Venezuelan economy; and (5)to address hyperinflation in Venezuela.
 (c)ConsultationIn creating the framework under subsection (a), the Secretary of Treasury, the Secretary of State, and the Secretary of Energy shall consult with relevant stakeholders in the humanitarian, financial and energy sectors.
 (d)Sense of CongressIt is the sense of Congress that any effort to conduct debt restructuring should— (1)include discussions with China, which is Venezuela’s biggest creditor; and
 (2)appropriately account for China’s and Russia’s high-risk lending to Venezuela. (e)CertificationThe Secretary of Treasury may not support lending or financing from the International Monetary Fund and the Multilateral Development Banks until the Secretary of State submits a report to the Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives certifying that the Government of Venezuela is committed to—
 (1)restoring democracy and the rule of law; (2)freeing political prisoners;
 (3)facilitating the delivery of humanitarian aid; and (4)establishing conditions for free and fair democratic elections.
 (f)BriefingsUpon a request from the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Finance of the Senate, or the Committee on Ways and Means of the House of Representatives, the Secretary of Treasury shall brief the requesting committee on the progress made in implementing the framework created under subsection (a).
				302.Recovering assets stolen from the Venezuelan people
 (a)FindingsCongress makes the following findings: (1)Venezuela ranked 169th out of 180 countries in Transparency International’s Corruption Perception Index 2017.
 (2)In March 2016, the International Center for Asset Recovery at the Basel Institute on Governance in Switzerland estimated that approximately $350,000,000,000 in public funding had been lost in Venezuela as the result of corruption, fraud, and graft.
 (3)In March 2015, the Department of the Treasury’s Financial Crimes Enforcement Network determined that approximately $2,000,000,000 had been siphoned from Venezuela’s public oil company, Petróleos de Venezuela, S.A., in conjunction with its designation of the Banca Privada d’Andorra as a Foreign Financial Institution of Primary Money Laundering Concern.
 (b)In generalThe Secretary of State, in coordination with the Secretary of the Treasury and the Attorney General, shall advance a coordinated international effort—
 (1)to carry out special financial investigations to identify and track assets taken from the people and institutions of Venezuela through theft, corruption, money laundering, or other illicit means; and
 (2)work with foreign governments— (A)to share financial investigations intelligence, as appropriate;
 (B)to block the assets identified pursuant to paragraph (1); and (C)to advance necessary civil forfeiture litigation, including providing technical assistance to help governments establish the necessary legal framework to carry out asset forfeitures.
 (c)Additional elementsThe coordinated international effort described in subsection (b) shall— (1)include input from—
 (A)the Office of Foreign Assets Control of the Department of the Treasury; (B)the Financial Crimes Enforcement Network of the Department of the Treasury; and
 (C)the Money Laundering and Asset Recovery Section of the Department of Justice; (2)identify appropriate steps to advance necessary civil forfeiture litigation in the United States;
 (3)include an assessment of whether the United States or another member of the international community should establish a managed fund to hold the assets identified pursuant to subsection (b)(1) that could be returned to a future democratic government in Venezuela; and
 (4)include recommendations for new legislative and regulatory measures in the United States that would be needed to establish and manage the fund described in paragraph (3).
 (d)Strategy requirementNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a strategy for carrying out the activities described in subsection (b) to—
 (1)the Committee on Foreign Relations of the Senate; (2)the Committee on Finance of the Senate;
 (3)the Committee on the Judiciary of the Senate; (4)the Committee on Foreign Affairs of the House of Representatives;
 (5)the Committee on Ways and Means of the House of Representatives; and (6)the Committee on the Judiciary of the House of Representatives.
 (e)BriefingsUpon a request from 1 of the congressional committees listed in subsection (d), the Secretary of State, the Secretary of the Treasury, or the Attorney General shall brief the requesting committee on the progress made in implementing the effort described in subsection (b).
				IVRestoring the rule of law in Venezuela
			401.Public information about sanctioned officials
 (a)In generalNot later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, except as provided in subsection (c), the Secretary of Treasury, in consultation with the Secretary of State, shall submit a report to Congress that describes the total assessed value of blocked assets of Venezuelans designated under sanctions authorized under—
 (1)the Foreign Narcotics Kingpin Designation Act (title VIII of Public Law 106–120; 21 U.S.C. 1901 et seq.);
 (2)the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113–278); or (3)Executive Order 13692 (50 U.S.C. 1701 note).
 (b)Additional elementsReports submitted under subsection (a) should provide descriptions of specific cases that are most representative of the endemic corruption and illicit financial activities occurring in Venezuela.
 (c)Subsequent reportsThe Secretary of Treasury is not required to submit an updated report to Congress under subsection (a) unless, since the submission of the preceding report—
 (1)there has been meaningful change in the value of blocked assets; or (2)additional individuals have been targeted for sanctions under the authorities listed in subsection (a).
 (d)BriefingsIf the Secretary of Treasury exercises the exception described in subsection (c), the Secretary of the Treasury, or designee, shall brief Congress on—
 (1)the decision to exercise the exception; and (2)information related to the value of blocked assets described in subsection (a).
 (e)FormReports required under this section shall be submitted in unclassified form, but may include a classified annex.
				402.Coordinating targeted sanctions with partners in the Western Hemisphere and the European Union
 (a)Strengthening sanctions capacity in Latin America and the CaribbeanThe Secretary of State, working through the Assistant Secretary of State for Economic and Business Affairs and the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs, and in coordination with the Secretary of the Treasury, shall provide technical assistance to partner governments in Latin America and the Caribbean to assist such governments in establishing the legislative and regulatory frameworks needed to impose targeted sanctions on Venezuelan officials who—
 (1)are responsible for human rights abuses; (2)have engaged in public corruption; or
 (3)are undermining democratic institutions and processes in Venezuela. (b)Coordinating international sanctionsThe Secretary of State shall engage in diplomatic efforts with partner governments, including the Government of Canada, governments in the European Union, and governments in Latin America and the Caribbean, to impose targeted sanctions on Venezuelan officials described in subsection (a).
 (c)Strategy requirementNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a strategy for carrying out the activities described in subsection (a) to—
 (1)the Committee on Foreign Relations of the Senate; (2)the Committee on Appropriations of the Senate;
 (3)the Committee on Foreign Affairs of the House of Representatives; and (4)the Committee on Appropriations of the House of Representatives.
					(d)Authorization of appropriations
 (1)In generalThere is authorized to be appropriated, to the International Narcotics Control and Law Enforcement account, $3,000,000 for fiscal year 2019 to carry out the activities set forth in subsection (a) in accordance with this section.
					(2)Notification requirement
 (A)In generalExcept as provided under subparagraph (B), amounts appropriated or otherwise made available pursuant to paragraph (1) may not be obligated until 15 days after the date on which the President provides notice to the committees listed in subsection (c) of intent to obligate such funds.
						(B)Waiver
 (i)In generalThe Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States.
 (ii)Notification requirementIf a waiver is invoked under clause (i), the President shall notify the committees listed in subsection (c) of the intention to obligate funds under this section as early as practicable, but not later than 3 days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver.
 (e)Transfer authorityThe Assistant Secretary of State for International Narcotics and Law Enforcement Affairs may transfer funding to the Assistant Secretary of State for Economic and Business Affairs, as necessary, to implement the strategy described in subsection (c).
 (f)Reporting requirementNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the Secretary of Treasury, shall brief the Committee on Foreign Relations of the Senate, the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Financial Services of the House of Representatives that provides an assessment of the efforts to strengthen sanctions capabilities and coordinate international sanctions in accordance with this section.
				403.Financial sanctions on Venezuelan government debt
 (a)FindingExecutive Order 13808 (82 Fed. Reg. 41155), which was signed on August 24, 2017, established sanctions against the Government of Venezuela’s ability to issue public debt.
 (b)DefinitionsIn this section: (1)EntityThe term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.
 (2)Government of venezuelaThe term Government of Venezuela means the Government of Venezuela, any political subdivision, agency, or instrumentality of such government, including the Central Bank of Venezuela and Petróleos de Venezuela, S.A., and any person owned or controlled by, or acting for or on behalf of, such government.
 (3)PersonThe term person means an individual or entity. (4)United states personThe term United States person means any—
 (A)United States citizen; (B)alien lawfully admitted for permanent residence to the United States;
 (C)entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of any such entity); and
 (D)any person physically located in the United States. (c)In generalThe President may prohibit, in the United States or by a United States person—
 (1)any transaction related to, provision of financing for, or other dealing in— (A)debt instruments with a maturity of greater than 90 days issued by Petróleos de Venezuela, S.A., on or after the date of the enactment of this Act;
 (B)debt instruments with a maturity of greater than 30 days or equity issued by the Government of Venezuela on or after the date of the enactment of this Act, excluding debt instruments issued by Petróleos de Venezuela, S.A., that are not covered under subparagraph (A);
 (C)bonds issued by the Government of Venezuela before the date of the enactment of this Act; or (D)dividend payments or other distributions of profits to the Government of Venezuela from any entity owned or controlled, directly or indirectly, by the Government of Venezuela;
 (2)the direct or indirect purchase of securities from the Government of Venezuela, except for— (A)securities qualifying as debt instruments issued by Petróleos de Venezuela, S.A., on or after the date of the enactment of this Act that are not described in paragraph (1)(A); and
 (B)securities qualifying as debt instruments issued by the Government of Venezuela on or after the date of the enactment of this Act that are not described in paragraph (1)(B);
 (3)any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate a prohibition under paragraph (1) or (2); and
 (4)any conspiracy to violate a prohibition under paragraph (1), (2), or (3). (d)Sense of CongressIt is the sense of Congress that the President should waive the prohibitions described in subsection (c) if the related debt instruments, bonds, or securities have been approved or ratified by the democratically elected National Assembly of the Bolivarian Republic of Venezuela.
				(e)Implementation; penalties
 (1)ImplementationThe President may exercise all authorities described in sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
 (2)PenaltiesA person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
					404.Exceptions for humanitarian assistance
 (a)DefinitionsIn this section: (1)Agricultural commodityThe term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
 (2)GoodThe term good has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
 (3)Medical deviceThe term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (4)MedicineThe term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
 (b)In generalThe conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Venezuela or for the provision of humanitarian assistance to the people of Venezuela, including engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes, regardless of whether the transactions or provision of humanitarian assistance originate in, or have a connection to, the United States, shall be exempt from sanctions described in sections 402, 405, 406, and 501 of this Act, the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113–278); and Executive Orders 13692 (50 U.S.C. 1701 note), 13808, 13827, and 13835.
 (c)ImplementationIn carrying out this Act, the President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704).
 (d)Rule of constructionNothing in this Act may be construed to limit the authority of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
				VCryptocurrency sanctions and ensuring the effectiveness of United States sanctions
			501.Sanctions on Venezuela’s cryptocurrency and the provision of related technologies
 (a)FindingExecutive Order 13827 (83 Fed. Reg. 12469), which was signed on March 19, 2018, established sanctions against the Government of Venezuela’s ability to issue a digital currency in an effort to circumvent United States sanctions.
 (b)DefinitionsIn this section: (1)EntityThe term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.
 (2)Government of venezuelaThe term Government of Venezuela means the Government of Venezuela, any political subdivision, agency, or instrumentality of such government, including the Central Bank of Venezuela and Petróleos de Venezuela, S.A., and any person owned or controlled by, or acting for or on behalf of, such government.
 (3)PersonThe term person means an individual or entity. (4)United states personThe term United States person means any—
 (A)United States citizen; (B)alien lawfully admitted for permanent residence to the United States;
 (C)entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of any such entity); and
 (D)any person physically located in the United States. (c)Prohibition of certain transactions (1)In generalAll transactions by a United States person or within the United States that relate to, provide financing for, provide software for, or otherwise deal in any digital currency, digital coin, or digital token, that was issued by, for, or on behalf of the Government of Venezuela are prohibited beginning on the date of the enactment of this Act.
 (2)ApplicabilityThe prohibitions under paragraph (1) shall apply to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this Act, and notwithstanding any contract entered into or any license or permit granted before the date of the enactment of this Act.
 (3)ProhibitionsAny transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this subsection is prohibited. Any conspiracy formed to violate any of the prohibitions set forth in this subsection is prohibited.
					(d)Rulemaking
 (1)In generalThe Secretary of the Treasury, in consultation with the Secretary of State, is authorized to take such actions, including promulgating rules and regulations, to implement this section.
 (2)DelegationThe Secretary of the Treasury may redelegate any of the functions described in paragraph (1) to other officers and executive departments and agencies of the United States Government. All agencies of the United States Government shall take all appropriate measures within their authority to carry out the provisions of this section.
					502.Report on the impact of cryptocurrencies on United States sanctions
 (a)Defined termIn this section, the term appropriate congressional committees means— (1)the Committee on Foreign Relations of the Senate;
 (2)the Committee on Banking, Housing, and Urban Affairs of the Senate; (3)the Committee on Foreign Affairs of the House of Representatives; and
 (4)the Committee on Financial Services of the House of Representatives. (b)Reporting requirementNot later than 180 days after the date of the enactment of this Act, the Secretary of State, after consultation with the Secretary of the Treasury, the Chairman of the Securities and Exchange Commission, and the Chairman of the Commodity Futures Trading Commission, shall submit a report to the appropriate congressional committees that provides an assessment on how digital currencies affect the effectiveness of United States sanctions around the world.
 (c)Additional elementsThe report submitted under subsection (b) shall— (1)describe any global efforts, including efforts by states, state-sponsored actors, and non-state-sponsored actors, to utilize digital currencies to evade or circumvent United States sanctions, including through the direct or indirect use of products or services of United States based technology, software, or financial services firms; and
 (2)include recommendations for new legislative and regulatory measures needed to strengthen the United States Government’s ability to prevent states, state-sponsored actors, and non-state-sponsored actors from using digital currencies to evade or circumvent United States sanctions, including through the direct or indirect use of products or services of United States based technology, software, or financial services firms.
 (d)FormThe report submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
				VITermination
			601.Extension and termination of sanctions against Venezuela
 (a)AmendmentSection 5(e) of the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113–278; 50 U.S.C. 1701 note) is amended by striking December 31, 2019 and inserting December 31, 2025.
 (b)TerminationThe requirement to impose sanctions under this Act shall terminate on December 31, 2025.


116 SRES 330 ATS: Instructing the managers on the part of the Senate on the bill S. 1790 (116th Congress) to require certain measures to address Federal election interference by foreign governments.
U.S. Senate
2019-09-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		116th CONGRESS
		1st Session
		S. RES. 330
		IN THE SENATE OF THE UNITED STATES

			September 25, 2019
			Mr. Van Hollen (for himself, Mr. Rubio, Mr. Durbin, and Ms. Harris) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Instructing the managers on the part of the Senate on the bill S. 1790 (116th Congress) to require
			 certain measures to address Federal election interference by foreign
			 governments.

 That the managers on the part of the Senate at the conference on the disagreeing votes of the two Houses on the House amendment to the bill S. 1790 (116th Congress) are instructed to require the appropriate official of the executive branch, after each Federal election, to promptly submit to Congress a determination as to whether the Government of the Russian Federation, or any other foreign government, has interfered in such election and a detailed assessment of any such interference that identifies, to the maximum extent practicable, the individuals responsible for the interference, and to promptly impose sanctions on any foreign government that has been determined to have interfered in a Federal election, including specified individuals and entities within the territory of that government.


115 SRES 306 ATS: Recognizing the month of October 2017 as “National Principals Month”.
U.S. Senate

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.

III115th CONGRESS1st SessionS. RES. 306IN THE SENATE OF THE UNITED STATESOctober 25, 2017Mr. Franken (for himself, Mr. Hatch, and Mr. Wicker) submitted the following resolution; which was considered and agreed toRESOLUTIONRecognizing the month of October 2017 as National Principals Month.

 Whereas the National Association of Secondary School Principals, the National Association of Elementary School Principals, and the American Federation of School Administrators have declared the month of October 2017 to be National Principals Month;
 Whereas principals are educational visionaries, instructional and assessment leaders, disciplinarians, community builders, budget analysts, facilities managers, and administrators of legal and contractual obligations;
 Whereas principals work collaboratively with teachers and parents to develop and implement a clear mission, high curriculum standards, and performance goals;
 Whereas principals create school environments that facilitate great teaching and learning and continuous school improvement;
 Whereas the vision, actions, and dedication of principals provide the mobilizing force behind any school reform effort; and
 Whereas the celebration of National Principals Month would honor elementary school, middle school, and high school principals, and recognize the importance of principals in ensuring that every child has access to a high-quality education: Now, therefore, be it

 That the Senate— (1)recognizes the month of October 2017 as National Principals Month; and
 (2)honors the contribution of principals in the elementary schools, middle schools, and high schools of the United States by supporting the goals and ideals of National Principals Month.


 HCON 309 ENR: Authorizing the use of the Capitol Grounds for the District of Columbia Special Olympics Law Enforcement Torch Run.
U.S. House of Representatives
2008-06-03
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
One Hundred Tenth Congress of the United States of America
At the Second SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and eight
H. CON. RES. 309

June 3, 2008
Agreed to

CONCURRENT RESOLUTION
Authorizing the use of the Capitol Grounds for the District of Columbia Special Olympics Law Enforcement Torch Run.

1.Authorization of use of Capitol Grounds for D.C. Special Olympics Law Enforcement Torch RunOn June 6, 2008, or on such other date as the Speaker of the House of Representatives and the Committee on Rules and Administration of the Senate may jointly designate, the 2008 District of Columbia Special Olympics Law Enforcement Torch Run (in this resolution referred to as the event) may be run through the Capitol Grounds as part of the journey of the Special Olympics torch to the District of Columbia Special Olympics summer games.  2.Responsibility of Capitol Police BoardThe Capitol Police Board shall take such actions as may be necessary to carry out the event.
3.Conditions relating to physical preparationsThe Architect of the Capitol may prescribe conditions for physical preparations for the event.  4.Enforcement of restrictionsThe Capitol Police Board shall provide for enforcement of the restrictions contained in section 5104(c) of title 40, United States Code, concerning sales, advertisements, displays, and solicitations on the Capitol Grounds, as well as other restrictions applicable to the Capitol Grounds, in connection with the event.

Clerk of the House of Representatives.Secretary of the Senate.


117 S2028 IS: Millionaires Surtax Act
U.S. Senate
2021-06-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2028IN THE SENATE OF THE UNITED STATESJune 10, 2021Mr. Van Hollen (for himself, Mr. Brown, Ms. Klobuchar, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to impose a surtax on high income individuals.1.Short titleThis Act may be cited as the Millionaires Surtax Act.2.Surcharge on high income individuals(a)In generalSubchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part:VIIISurcharge on high income individualsSec. 59B. Surcharge on high income individuals.59B.Surcharge on high income individuals(a)General ruleIn the case of a taxpayer other than a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 10 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $2,000,000.(b)Taxpayers not making a joint returnIn the case of any taxpayer other than a taxpayer making a joint return under section 6013 or a surviving spouse (as defined in section 2(a)), subsection (a) shall be applied by substituting $1,000,000 for $2,000,000.(c)Modified adjusted gross incomeFor purposes of this section, the term modified adjusted gross income means adjusted gross income reduced by any deduction (not taken into account in determining adjusted gross income) allowed for investment interest (as defined in section 163(d)). In the case of an estate or trust, adjusted gross income shall be determined as provided in section 67(e).(d)Special rules(1)Nonresident alienIn the case of a nonresident alien individual, only amounts taken into account in connection with the tax imposed under section 871(b) shall be taken into account under this section.(2)Citizens and residents living abroadThe dollar amount in effect under subsection (a) (after the application of subsection (b)) shall be decreased by the excess of—(A)the amounts excluded from the taxpayer’s gross income under section 911, over(B)the amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A).(3)Charitable trustsSubsection (a) shall not apply to a trust all the unexpired interests in which are devoted to one or more of the purposes described in section 170(c)(2)(B).(4)Not treated as tax imposed by this chapter for certain purposesThe tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55..(b)Clerical amendmentThe table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:Part VIII—Surcharge on high income individuals.(c)Section 15 not To applyThe amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986.(d)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2021.


116 S4036 IS: Reforming Qualified Immunity Act
U.S. Senate
2020-06-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4036IN THE SENATE OF THE UNITED STATESJune 23, 2020Mr. Braun introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend the Revised Statutes to reform the defense of qualified immunity in the case of any action under section 1979, and for other purposes.1.Short titleThis Act may be cited as the Reforming Qualified Immunity Act.2.FindingsThe Congress finds the following:(1)Congress passed the Act of April 20, 1871 (commonly known as the Ku Klux Klan Act; 17 Stat. 13, chapter 22), to combat rampant violations of civil and constitutionally secured rights across the nation, particularly in the post-Civil War South. (2)Included in that Act was a provision, now codified at section 1979 of the Revised Statues (in this section referred to as section 1983), which provides a cause of action for individuals to file lawsuits against State and local officials who violate their legal and constitutionally secured rights. (3)Section 1983 has never included a defense or immunity for government officials who act in good faith when violating rights, nor has it ever had a defense or immunity based on whether the right was clearly established at the time of the violation. (4)From the law's beginning in 1871, through the 1960s, government actors were not afforded qualified immunity for violating rights. (5)The Supreme Court of the United States in Pierson v. Ray, 386 U.S. 547 (1967), found that government actors had a good-faith defense for making arrests under unconstitutional statutes based on a common-law defense for the tort of false arrest. (6)The Supreme Court of the United States later extended the good-faith defense beyond false arrests, turning it into a general good-faith defense for government officials. (7)Finally, in Harlow v. Fitzgerald, 457 U.S. 800 (1982), the Supreme Court of the United States found the subjective search for good faith in the government actor unnecessary, and replaced it with an objective reasonableness standard that requires that the right be clearly established at the time of the violation for the defendant to be liable. (8)This doctrine of qualified immunity has severely limited the ability of many plaintiffs to recover damages under section 1983 when their rights have been violated by State and local officials.(9)As a result, the intent of Congress in passing section 1983 has been frustrated, and the rights secured by the Constitution of the United States have not been appropriately protected.3.Sense of the CongressIt is the sense of the Congress that Congress must correct the erroneous interpretation of section 1979 of the Revised Statutes and reform the court-created doctrine of qualified immunity.4.Reform of qualified immunitySection 1979 of the Revised Statutes (42 U.S.C. 1983) is amended—(1)by inserting (a) before Every person; and(2)by adding at the end the following:(b)(1)Except as provided in paragraph (2), it shall not be a defense to any action brought under this section that, at the time of the deprivation—(A)the defendant was acting in good faith;(B)the defendant believed, reasonably or otherwise, that his or her conduct was lawful;(C)the rights, privileges, or immunities secured by the Constitution and laws were not clearly established; or(D)the state of the law was such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.(2)A defendant sued in his or her individual capacity under this section shall not be liable if the defendant establishes that, at the time the deprivation occurred— (A)(i)the conduct alleged to be unlawful was specifically authorized or required by a Federal statute or regulation, or by a statute passed by the primary legislative body of the State, Territory, or District of Columbia in which the conduct was committed;(ii)no court of competent jurisdiction had issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the provision or provisions of the statute or regulation authorizing or requiring such conduct were inconsistent with the Constitution or Federal laws; and(iii)the defendant reasonably believed that his or her conduct was in conformance with the Constitution of the United States and Federal laws; or(B)(i)a court of competent jurisdiction had issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the specific conduct alleged to be unlawful was consistent with the Constitution of the United States and Federal laws; and(ii)the defendant reasonably believed that his or her conduct was in conformance with the Constitution of the United States and Federal laws.(c)(1)In a covered action, a municipality or other unit of local government shall be liable for a violation of subsection (a) by an agent or employee of the municipality or other unit of local government acting within the scope of his or her employment.(2)It shall not be a defense to a covered action described in paragraph (1) that—(A)the agent or employee was acting in good faith, or that the agent or employee believed, reasonably or otherwise, that his or her conduct was lawful at the time when it was committed; or(B)the rights, privileges, or immunities secured by the Constitution and laws were not clearly established at the time of their deprivation by the agent or employee, or that at this time, the state of the law was otherwise such that the agent or employee could not reasonably have been expected to know whether his or her conduct was lawful.(d)In this section—(1)the term court of competent jurisdiction means—(A)the Supreme Court of the United States; (B)a district court or court of appeals of the United States that has jurisdiction over the territory in which the deprivation occurred; or(C)a court of general jurisdiction of a State, Territory, or District that has jurisdiction over the territory in which the deprivation occurred;(2)the term covered action means an action under subsection (a) against—(A)an agent or employee of a municipality or other unit of local government acting in his or her official capacity; or(B)a municipality or other unit of local government; and(3)the term defendant does not include—(A)a municipality or other unit of local government; or(B)an individual employed by a municipality or other unit of local government acting in his or her official capacity..


117 HR 4639 IH: Tax Credit Restoration Act of 2021
U.S. House of Representatives
2021-07-22
text/xml
EN
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I117th CONGRESS1st SessionH. R. 4639IN THE HOUSE OF REPRESENTATIVESJuly 22, 2021Ms. DelBene introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to better coordinate the base erosion and anti-abuse tax with certain credits.1.Short titleThis Act may be cited as the Tax Credit Restoration Act of 2021.2.Coordination of base erosion and anti-abuse tax with certain credits(a)Base erosion minimum tax amount determined without regard to credits(1)In generalSection 59A(b)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows:(B)an amount equal to the regular tax liability (as defined in section 26(b)) of the taxpayer for the taxable year..(2)Conforming amendments(A)Section 59A(b)(2) of such Code is amended by striking shall be applied and all that follows and inserting shall be applied by substituting 12.5 percent for 10 percent in subparagraph (A) thereof..(B)Section 59A(b)(3)(A) of such Code is amended by striking (2)(A) and inserting (2). (C)Section 59A(b) of such Code is amended by striking paragraph (4).(b)Allowance of general business credit against base erosion and anti-Abuse taxSection 38(c)(1) of such Code is amended by striking the tax imposed by section 55 and inserting the taxes imposed by sections 55 and 59A. (c)Effective dateThe amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.