114 S450 IS: Tobacco Tax Equity Act of 2015
U.S. Senate
2015-02-11
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.

II114th CONGRESS1st SessionS. 450IN THE SENATE OF THE UNITED STATESFebruary 11, 2015Mr. Durbin (for himself, Mr. Blumenthal, Mr. Reed, and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to provide tax rate parity among all tobacco products,
			 and for other purposes.1.Short
 titleThis Act may be cited as the Tobacco Tax Equity Act of 2015.2.Establishing
			 excise tax equity among all tobacco product tax rates(a)Tax parity for
 pipe tobacco and roll-Your-Own tobaccoSection 5701(f) of the Internal Revenue Code of 1986 is amended by striking $2.8311 cents and inserting $24.78.(b)Tax parity for
 smokeless tobacco(1)Section 5701(e) of the Internal Revenue Code of 1986 is amended—(A)in paragraph (1), by striking $1.51 and inserting $13.42;(B)in paragraph (2), by striking 50.33 cents and inserting $5.37; and(C)by adding at the end the following:(3)Smokeless
 tobacco sold in discrete single-use unitsOn discrete single-use units, $50.33 per thousand..(2)Section 5702(m) of such Code is amended—(A)in paragraph (1), by striking or chewing tobacco and inserting , chewing tobacco, or discrete single-use unit;(B)in paragraphs (2) and (3), by inserting that is not a discrete single-use unit before the period in each such paragraph; and(C)by adding at the end the following:(4)Discrete
 single-use unitThe term discrete single-use unit means any product containing tobacco that—(A)is not intended to be smoked; and(B)is in the form of a lozenge, tablet, pill, pouch, dissolvable strip, or other discrete single-use or single-dose unit..(c)Tax parity for
 large cigars(1)In generalParagraph (2) of section 5701(a) of the Internal Revenue Code of 1986 is amended by striking 52.75 percent and all that follows through the period and inserting the following: $24.78 per pound and a proportionate tax at the like rate on all fractional parts of a pound but not less than 5.033 cents per cigar..(2)GuidanceThe Secretary may issue guidance regarding the appropriate method for determining the weight of large cigars for purposes of calculating the applicable tax under section 5701(a)(2) of the Internal Revenue Code of 1986.(d)Tax parity for
 roll-Your-Own tobacco and certain processed tobaccoSubsection (o) of section 5702 of the Internal Revenue Code of 1986 is amended by inserting , and includes processed tobacco that is removed for delivery or delivered to a person other than a person with a permit provided under section 5713, but does not include removals of processed tobacco for exportation after wrappers thereof.(e)Clarifying tax rate for other
 tobacco products(1)In generalSection 5701 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:(i)Other tobacco productsAny product not otherwise described under this section that has been determined to be a tobacco product by the Food and Drug Administration through its authorities under the Family Smoking Prevention and Tobacco Control Act shall be taxed at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis as determined by the Secretary..(2)Establishing per use basisFor purposes of section 5701(i) of the Internal Revenue Code of 1986, not later than 12 months after the date that a product has been determined to be a tobacco product by the Food and Drug Administration, the Secretary of the Treasury (or the Secretary of the Treasury's delegate) shall issue final regulations establishing the level of tax for such product that is equivalent to the tax rate for cigarettes on an estimated per use basis.(f)Clarifying definition of tobacco products(1)In
 generalSubsection (c) of section 5702 of the Internal Revenue Code of 1986 is amended to read as follows:(c)Tobacco
 productsThe term tobacco products means—(1)cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco, and(2)any other product subject to tax pursuant to section 5701(i)..(2)Conforming amendmentsSubsection (d) of section 5702 of such Code is amended by striking cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll-your-own tobacco each place it appears and inserting tobacco products.(g)Tax rates adjusted for inflationSection 5701 of such Code is amended by adding at the end the following new subsection:(i)Inflation adjustment(1)In generalIn the case of any calendar year beginning after 2015, the dollar amounts provided under this chapter shall each be increased by an amount equal to—(A)such dollar amount, multiplied by(B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting ‘calendar year 2014’ for ‘calendar year 1992’ in subparagraph (B) thereof.(2)RoundingIf any amount as adjusted under paragraph (1) is not a multiple of $0.01, such amount shall be rounded to the next highest multiple of $0.01..(h)Effective
			 dates(1)In
 generalExcept as provided in paragraphs (2) through (4), the amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the last day of the month which includes the date of the enactment of this Act.(2)Discrete
 single-use units and processed tobaccoThe amendments made by subsections (b)(1)(C), (b)(2), and (d) shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the date that is 6 months after the date of the enactment of this Act.(3)Large cigarsThe amendments made by subsection (c) shall apply to articles removed after December 31, 2015.(4)Other tobacco productsThe amendments made by subsection (e)(1) shall apply to products removed after the last day of the month which includes the date that the Secretary of the Treasury (or the Secretary of the Treasury's delegate) issues final regulations establishing the level of tax for such product.


114 HR 4799 IH: Do Your Job or Don’t Get Paid Act
U.S. House of Representatives
2016-03-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4799
		IN THE HOUSE OF REPRESENTATIVES

			March 17, 2016
			Mr. Jolly introduced the following bill; which was referred to the Committee on House Administration

		A BILL
		To hold the salaries of Members of the House of Representatives in escrow if the House does not
			 pass all of the regular appropriation bills for a fiscal year prior to the
			 beginning of that fiscal year, and for other purposes.

 1.Short titleThis Act may be cited as the Do Your Job or Don’t Get Paid Act. 2.Holding salaries of Members of House in escrow upon failure to pass all regular appropriation bills (a)Holding salaries in escrowIf by October 1 of any calendar year (beginning with 2016), the House of Representatives has not passed all of the regular appropriation bills for the fiscal year which begins on that date, during the period described in subsection (b) the Chief Administrative Officer (or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this Act) shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of the House, and shall release such payments to the Members only upon the expiration of such period.
 (b)Period DescribedWith respect to a calendar year, the period described in this subsection is the period which begins on October 1 of the calendar year and ends on the earlier of—
 (1)the first day by which the House of Representatives has passed all of the regular appropriation bills for the fiscal year which begins on that date; or
 (2)the last day of the Congress during which that calendar year occurs. (c)Permitting passage of combination of billsFor purposes of this section, the House shall be considered to have passed all of the regular appropriation bills for a fiscal year if the House has passed each such bill individually or in combination with any other such bills.
			3.Administration of Escrow
 (a)Withholding and Remittance of Amounts From Payments Held in EscrowThe Chief Administrative Officer shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under section 2 that would apply to the payment if the payment were not subject to such section.
 (b)Role of Secretary of the TreasuryThe Secretary of the Treasury shall provide the Chief Administrative Officer with such assistance as may be necessary to enable the Chief Administrative Officer to carry out this Act.
 4.Release of amounts at end of a CongressIn order to ensure that this Act is carried out in a manner consistent with the twenty-seventh article of amendment to the Constitution of the United States, the Chief Administrative Officer shall release for payments to Members of the House of Representatives any amounts remaining in any escrow account under this Act on the last day of the Congress during which the amounts were deposited in such account.
 5.DefinitionsIn this Act— (1)the term Chief Administrative Officer means the Chief Administrative Officer of the House of Representatives;
 (2)the term Member includes a Delegate or Resident Commissioner to the Congress; and (3)the term regular appropriation bill means any annual appropriation bill which, with respect to the Congress involved, is under the jurisdiction of a single subcommittee of the Committee on Appropriations of the House of Representatives (pursuant to the Rules of the House of Representatives for that Congress).


		I
		111th CONGRESS
		2d Session
		H. R. 5579
		IN THE HOUSE OF REPRESENTATIVES

			June 23, 2010
			Mr. Kucinich (for
			 himself, Mr. DeFazio,
			 Mr. Frank of Massachusetts,
			 Mr. Grijalva,
			 Mr. Stark, and
			 Ms. Woolsey) introduced the following
			 bill; which was referred to the Committee
			 on Agriculture, and in addition to the Committees on
			 Energy and Commerce and
			 the Judiciary, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To provide additional protections for farmers and
		  ranchers that may be harmed economically by genetically engineered seeds,
		  plants, or animals, to ensure fairness for farmers and ranchers in their
		  dealings with biotech companies that sell genetically engineered seeds, plants,
		  or animals, to assign liability for injury caused by genetically engineered
		  organisms, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited as the Genetically Engineered Technology Farmer Protection
			 Act.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Title I—Genetically engineered crop and animal farmer
				protection
					Sec. 101. Short title; findings.
					Sec. 102. Definitions.
					Sec. 103. Information requirements regarding sale of
				genetically engineered seeds, plants, and animals.
					Sec. 104. Contract limitations regarding sale of genetically
				engineered seeds, plants, and animals.
					Sec. 105. Prevention of noncompetitive practices involving
				technology fees.
					Sec. 106. Measures to avoid cross pollination involving
				genetically engineered seeds or plants.
					Sec. 107. Resistance of agricultural pests to certain naturally
				occurring pesticide; amendment to Federal insecticide, fungicide, and
				Rodenticide Act.
					Sec. 108. Prohibition on labeling certain seeds as
				non-genetically engineered.
					Sec. 109. Prohibition on certain non-fertile plant
				seeds.
					Sec. 110. Prohibition on loan discrimination.
					Sec. 111. Civil penalties for violation.
					Sec. 112. Citizen suits.
					Title II—Genetically engineered organism liability
					Sec. 201. Short title.
					Sec. 202. Findings.
					Sec. 203. Liability.

			IGenetically
			 engineered crop and animal farmer protection
			101.Short title;
			 findings
				(a)Short
			 titleThis title may be cited as the Genetically
			 Engineered Crop and Animal Farmer Protection Act.
				(b)FindingsCongress
			 finds the following:
					(1)Agribusiness and
			 biotechnology companies have rapidly consolidated market power at the same time
			 as the average farmer’s profits and viability have significantly
			 declined.
					(2)Policies promoted
			 by biotech corporations, such as patenting of seeds, depriving farmers the
			 right to save seed, unreasonable seed contracts, and intrusion into everyday
			 farm operations, have systematically acted to remove basic farmer rights
			 enjoyed since the beginning of agriculture and essential for agricultural
			 sustainability and the survival of family farms.
					(3)The introduction
			 of genetically engineered crops has also created obstacles for farmers,
			 including the loss of markets and increased liability concerns.
					(4)To mitigate the
			 abuses upon farmers, a clear set of farmer rights must be established.
					102.DefinitionsIn this title:
				(1)Genetically
			 engineered animalThe term genetically engineered
			 animal means an animal that contains a genetically engineered material
			 or was produced with a genetically engineered material. An animal shall be
			 considered to contain a genetically engineered material or to have been
			 produced with a genetically engineered material if the animal has been injected
			 or otherwise treated with a genetically engineered material or is the offspring
			 of an animal that has been so injected or treated.
				(2)Genetically
			 engineered plantThe term genetically engineered
			 plant means a plant that contains a genetically engineered material or
			 was produced from a genetically engineered seed. A plant shall be considered to
			 contain a genetically engineered material if the plant has been injected or
			 otherwise treated with a genetically engineered material (except that the use
			 of manure as a fertilizer for the plant may not be construed to mean that the
			 plant is produced with a genetically engineered material).
				(3)Genetically
			 engineered seedThe term genetically engineered seed
			 means a seed that contains a genetically engineered material or was produced
			 with a genetically engineered material. A seed shall be considered to contain a
			 genetically engineered material or to have been produced with a genetically
			 engineered material if the seed (or the plant from which the seed is derived)
			 has been injected or otherwise treated with a genetically engineered material
			 (except that the use of manure as a fertilizer for the plant may not be
			 construed to mean that any resulting seeds are produced with a genetically
			 engineered material).
				(4)Genetically
			 engineered materialThe term genetically engineered
			 material means material that has been altered at the molecular or
			 cellular level by means that are not possible under natural conditions or
			 processes (including recombinant DNA and RNA techniques, cell fusion,
			 microencapsulation, macroencapsulation, gene deletion and doubling, introducing
			 a foreign gene, and changing the positions of genes), other than a means
			 consisting exclusively of breeding, conjugation, fermentation, hybridization,
			 in vitro fertilization, tissue culture, or mutagenesis.
				(5)Biotech
			 companyThe term biotech company means a person
			 engaged in the business of creating genetically engineered material or
			 obtaining the patent rights to that material for the purposes of commercial
			 exploitation of that material. The term does not include the employees of such
			 person.
				(6)SecretaryThe
			 term Secretary means the Secretary of Agriculture.
				103.Information
			 requirements regarding sale of genetically engineered seeds, plants, and
			 animals
				(a)Full disclosure
			 of risks of useA biotech company that sells any genetically
			 engineered animal, genetically engineered plant, or genetically engineered seed
			 that the biotech company knows, or has reason to believe, will be used by the
			 purchaser in the United States to produce an agricultural commodity shall
			 provide written notice to the purchaser that fully and clearly discloses the
			 possible legal and environmental risks that the use of the genetically
			 engineered animal, genetically engineered plant, or genetically engineered seed
			 may pose to the purchaser.
				(b)Effect of
			 disclosureThe provision of written notice under subsection (a)
			 regarding the risks of using a genetically engineered animal, genetically
			 engineered plant, or genetically engineered seed does not relieve the biotech
			 company from any liability that may result from the release of genetically
			 engineered material into the environment. The receipt of the written notice by
			 the purchaser shall not be construed to create any liability on the
			 purchaser.
				(c)RulemakingThe
			 Secretary shall issue such rules as may be necessary to implement and enforce
			 this section.
				104.Contract
			 limitations regarding sale of genetically engineered seeds, plants, and
			 animals
				(a)Certain contract
			 terms and limitations unenforceableIf a contract for the sale of
			 a genetically engineered animal, genetically engineered plant, or genetically
			 engineered seed to a purchaser for use in agricultural production contains a
			 provision described in subsection (b), the provision is hereby declared to be
			 against public policy and therefore void and unenforceable as a matter of
			 law.
				(b)Prohibited terms
			 and limitationsThe provisions referred to in subsection (a) are
			 any of the following:
					(1)In the case of a
			 sale of genetically engineered plants or genetically engineered seeds, a
			 provision that prohibits the purchaser from retaining a portion of the
			 harvested crop for future crop planting by the purchaser or that charges a fee
			 to retain a portion of the harvested crop for future crop planting.
					(2)A
			 provision that limits the ability of the purchaser to recover damages from the
			 biotech company for a genetically engineered animal, genetically engineered
			 plant, or genetically engineered seed that does not perform as
			 advertised.
					(3)A
			 provision that shifts any liability from the biotech company to the
			 purchaser.
					(4)A
			 provision that requires the purchaser to grant agents of the seller access to
			 the purchaser’s property.
					(5)A
			 provision that mandates arbitration of any disputes between the biotech company
			 and the purchaser.
					(6)A
			 provision that mandates any court of jurisdiction for settlement of
			 disputes.
					(7)A
			 provision that mandates that the purchaser pay liquidated damages of more than
			 a technology fee or similar fee itself, plus interest.
					(8)A
			 provision that imposes any unfair condition upon the purchaser, as determined
			 by the Secretary or a court.
					105.Prevention of
			 noncompetitive practices involving technology fees
				(a)Disclosure of
			 technology feesAny biotech company that sells a genetically
			 engineered animal, genetically engineered plant, or genetically engineered seed
			 for use in agricultural production in the United States shall notify the
			 Secretary, at such times and in such manner as the Secretary shall require,
			 of—
					(1)the nature and
			 amount of any technology, nonproduction, royalty, or similar fees collected by
			 the biotech company in each country where that genetically engineered animal,
			 plant, or seed is marketed, and
					(2)in the case of
			 genetically engineered plants or genetically engineered seeds, the prices
			 charged by the biotech company for herbicides associated with that genetically
			 engineered seed or plant.
					(b)Prohibition on
			 noncompetitive practicesA biotech company that sells a
			 genetically engineered animal, genetically engineered plant, or genetically
			 engineered seed for use in agricultural production in the United States may not
			 charge higher technology, nonproduction, royalty, or similar fees for sales of
			 the genetically engineered animal, plant, or seed in the United States than in
			 other countries in which the genetically engineered animal, plant, or seed is
			 sold.
				(c)Publication of
			 dataThe Secretary shall publish all data received under
			 subsection (a)(1) every six months in an electronic format and in the Federal
			 Register.
				106.Measures to
			 avoid cross pollination involving genetically engineered seeds or
			 plants
				(a)Designation of
			 predominately outcrossed pollinatorsThe Secretary shall
			 determine which plants are predominately outcrossed pollinators and make such
			 information available to persons who sell or purchase such plants or the seeds
			 of such plants for use in agricultural production.
				(b)Minimizing the
			 negative effects of predominately outcrossed pollinatorsThe
			 Secretary shall issue rules to require effective mitigation strategies for any
			 crop that is a predominately outcrossed pollinator.
				(c)Providing
			 instructions To avoid cross pollinationThe seller of any
			 genetically engineered plant or genetically engineered seed that has been
			 identified as a predominately outcrossed pollinator shall provide written
			 instructions to each purchaser of the plants or seeds regarding how to plant
			 and cultivate the plants or seeds so as to avoid cross contamination.
				107.Resistance of
			 agricultural pests to certain naturally occurring pesticide; amendment to
			 Federal insecticide, fungicide, and Rodenticide ActSection 3(c) of the
			 Federal Insecticide, Fungicide, and Rodenticide
			 Act (7 U.S.C. 136a(c)) is amended by adding at the end the following
			 subsection:

					(11)Bt resistance
				regarding plant-incorporated pesticides
						(A)Not later than six
				months after the date of enactment of this paragraph, the Administrator, in
				consultation with the advisory panel established under subparagraph (D), shall
				establish the best achievable resistance plan for plant-incorporated pesticides
				engineered to include toxins derived from the bacterium Bacillus thuringiensis
				(which bacterium is referred to in this paragraph as Bt).
						(B)Once the best
				achievable resistance plan is established under subparagraph (A), the
				Administrator shall revoke all Bt registrations that are not in compliance with
				the plan and may not issue new registrations unless the applicant has achieved
				the plan.
						(C)If pursuant to
				subparagraph (A) the Administrator determines that plant-incorporated Bt
				pesticides may have an unreasonable adverse effect on the environment by
				facilitating the development of Bt-toxin resistance in pests, or that the
				review has been inconclusive on whether the pesticide facilitates such
				resistance, the Administrator shall take such actions under this Act as may be
				necessary to significantly reduce the extent to which such pesticides are
				used.
						(D)Before
				establishing the best achievable resistance plan under subparagraph (A), the
				Administrator shall, in accordance with procedures under section 25(d),
				establish an advisory panel to provide advice to the Administrator on
				scientific matters involved in the review.
						(E)For purposes of
				this paragraph, the term plant-incorporated Bt pesticide means a
				plant-incorporated pesticide described in subparagraph
				(A).
						.
			108.Prohibition on
			 labeling certain seeds as non-genetically engineeredA seed company or other person may not sell,
			 or offer for sale, seeds for planting that are labeled as non-genetically
			 engineered or otherwise represented as not containing genetically engineered
			 material if the Secretary finds that any sample of the seeds contains
			 genetically engineered material.
			109.Prohibition on
			 certain non-fertile plant seedsNotwithstanding any other provision of law,
			 effective 45 days after the date of the enactment of this title, a person may
			 not manufacture, distribute, sell, plant, or otherwise use any seed that is
			 genetically engineered to produce a plant whose seeds are not fertile or are
			 rendered infertile by the application of an external chemical inducer.
			110.Prohibition on
			 loan discriminationA
			 financial institution may not discriminate against an agricultural producer
			 that refuses to use genetically engineered plants or animals or add as
			 condition to a loan the requirement that the producer use genetically
			 engineered plants or animals.
			111.Civil penalties
			 for violation
				(a)Authority To
			 assess penaltiesThe Secretary may assess, by written order, a
			 civil penalty against a biotech company or other person that violates a
			 provision of this title, including a regulation promulgated or order issued
			 under this title. Each violation, and each day during which a violation
			 continues, shall be a separate offense.
				(b)Amount and
			 factors in assessing penaltiesThe maximum amount that may be
			 assessed under this section for a violation may not exceed $100,000. In
			 determining the amount of the civil penalty, the Secretary shall take into
			 account—
					(1)the gravity of the
			 violation;
					(2)the degree of
			 culpability;
					(3)the size and type
			 of the business; and
					(4)any history of
			 prior offenses under this title or other laws administered by the
			 Secretary.
					(c)Notice and
			 opportunity for hearingThe Secretary shall not assess a civil
			 penalty under this section against a biotech company or other person unless the
			 company is given notice and opportunity for a hearing on the record before the
			 Secretary in accordance with sections 554 and 556 of title 5, United States
			 Code.
				(d)Judicial
			 review(1)An
			 order assessing a civil penalty against a person under subsection (a) may be
			 reviewed only in accordance with this subsection. The order shall be final and
			 conclusive unless the person—
						(A)not later than 30 days after the
			 effective date of the order, files a petition for judicial review in the United
			 States court of appeals for the circuit in which the person resides or has its
			 principal place of business or in the United States Court of Appeals for the
			 District of Columbia; and
						(B)simultaneously sends a copy of the
			 petition by certified mail to the Secretary.
						(2)The Secretary shall promptly file in
			 the court a certified copy of the record on which the violation was found and
			 the civil penalty assessed.
					(e)Collection
			 action for failure To pay assessmentIf a person fails to pay a
			 civil penalty after the order assessing the civil penalty has become final and
			 unappealable, the Secretary shall refer the matter to the Attorney General, who
			 shall bring a civil action to recover the amount of the civil penalty in United
			 States district court. In the collection action, the validity and
			 appropriateness of the order of the Secretary imposing the civil penalty shall
			 not be subject to review.
				112.Citizen
			 suits
				(a)In
			 generalExcept as provided in subsection (c), any person may
			 commence a civil action in an appropriate district court of the United States
			 against—
					(1)a
			 person who has introduced a genetically engineered organism into the
			 environment without approval under this title;
					(2)the Secretary,
			 where there is alleged a failure of the Secretary to perform any act or duty
			 under this title that is the responsibility of the Secretary and is not
			 discretionary; or
					(3)the head of
			 another Federal agency, if there is alleged a failure of the agency head to
			 perform any act or duty under this title that is the responsibility of the
			 agency head and is not discretionary.
					(b)ReliefIn
			 a civil action under this section, the district court involved may, as the case
			 may be—
					(1)enforce the
			 compliance of a person with the applicable provisions referred to in the
			 complaint; or
					(2)order the
			 Secretary or the agency head to perform the act or duty referred to in the
			 complaint.
					(c)Limitations
					(1)Notice to
			 SecretaryA civil action may not be commenced under subsection
			 (a)(1) prior to 60 days after the plaintiff has provided to the Secretary
			 notice of the violation involved.
					(2)Relation to
			 actions of SecretaryA civil action may not be commenced under
			 subsection (a)(1) against the Secretary if the Secretary has commenced and is
			 diligently prosecuting a civil or criminal action in a district court of the
			 United States to enforce compliance with the applicable provisions referred to
			 in the complaint.
					(d)Right of
			 Secretary To interveneIn any civil action under subsection
			 (a)(1), the Secretary , if not a party, may intervene as a matter of
			 right.
				(e)Award of costs;
			 filing of bondIn a civil action under subsection (a), the
			 district court involved may award costs of litigation (including reasonable
			 attorney and expert witness fees) to any party whenever the court determines
			 such an award is appropriate. The court may, if a temporary restraining order
			 or preliminary injunction is sought, require the filing of a bond or equivalent
			 security in accordance with the Federal Rules of Civil Procedure.
				(f)Savings
			 provisionThis section does not restrict any right that a person
			 (or class of persons) may have under any statute or common law to seek
			 enforcement of the provisions of this title, or to seek any other relief
			 (including relief against the Secretary or the head of another Federal
			 agency).
				IIGenetically
			 engineered organism liability
			201.Short
			 titleThis title may be cited
			 as the Genetically Engineered Organism Liability Act of
			 2010.
			202.FindingsThe Congress finds the following:
				(1)The negative
			 consequences of genetically engineered crops may impact farmers who grow these
			 crops, neighbor farmers who do not grow these crops, and consumers.
				(2)Biotech companies
			 are selling a technology that is being commercialized ahead of the new and
			 unknown science of genetic engineering.
				(3)Farmers may suffer
			 from crop failures, neighbor and nearby farmers may suffer from cross
			 pollination, increased insect resistance, and unwanted volunteer genetically
			 engineered plants, and consumers may suffer from health and environmental
			 impacts.
				(4)Therefore, biotech
			 companies should be found liable for the failures of genetically engineered
			 crops when they arise.
				203.Liability
				(a)Cause of
			 actionA biotech company is liable to any party injured by the
			 release of a genetically engineered organism into the environment if that
			 injury results from that genetic engineering. The prevailing plaintiff in an
			 action under this subsection may recover reasonable attorney’s fees and other
			 litigation expenses as a part of the costs.
				(b)IndemnityFor
			 the purposes of subsection (a), the term injury includes any
			 liability of a person who uses that organism in accordance with applicable
			 Federal and other law, if that liability arises from that use.
				(c)Not
			 waivableThe liability created by subsection (a) may not be
			 waived or otherwise avoided by contract.
				(d)DefinitionAs
			 used in this section, the term biotech company means a
			 person—
					(1)engaged in the
			 business of genetically engineering an organism; or
					(2)obtaining the
			 patent rights to such an organism for the purposes of commercial exploitation
			 of that organism.


		II
		111th CONGRESS
		2d Session
		S. 3943
		IN THE SENATE OF THE UNITED STATES

			November 15, 2010
			Mrs. Gillibrand
			 introduced the following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To amend the Federal Water Pollution Control Act to
		  direct the Administrator of the Environmental Protection Agency to carry out
		  activities for the restoration, conservation, and management of Onondaga Lake,
		  New York, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Onondaga Lake Restoration
			 Act.
		2.Onondaga Lake,
			 New York
			(a)Restoration,
			 conservation, and management activitiesTitle I of the Federal Water Pollution
			 Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the
			 following:

					123.Onondaga Lake,
				New York
						(a)DefinitionsIn this section:
							(1)Adaptive
				management planThe term Adaptive Management Plan
				means the plan developed by the Council under subsection (b)(1).
							(2)Amended Consent
				JudgmentThe term Amended Consent Judgment means the
				Amended Consent Judgment entered January 20, 1998, in the case of
				Atlantic States Legal Foundation v. The Onondaga County Department of
				Drainage and Sanitation, Civil Action No. 88–CV–0066, in the United
				States District Court for the Northern District of New York (including any
				amendments to that judgment).
							(3)CenterThe
				term Center means the Onondaga Lake Scientific Center established
				under subsection (d)(1).
							(4)CouncilThe
				term Council means the Onondaga Lake Watershed Council established
				under subsection (b)(1).
							(5)Onondaga
				Environmental InstituteThe
				term Onondaga Environmental Institute means the nonprofit
				corporation established pursuant to section 401(d)(1) of the Great Lakes
				Critical Programs Act of 1990 (Public Law 101–596; 104 Stat. 3010) and section
				411(d)(1) of the Water Resources Development Act of 1990 (Public Law 101–640;
				104 Stat. 4648).
							(6)Onondaga
				LakeThe term Onondaga Lake means Onondaga Lake, in
				the State of New York, and the associated watershed.
							(7)Onondaga Lake
				Management PlanThe term Onondaga Lake Management
				Plan means the plan—
								(A)developed pursuant
				to section 401(a)(1) of the Great Lakes Critical Programs Act of 1990 (Public
				Law 101–596; 104 Stat. 3010) and 411(a)(1) of the Water Resources Development
				Act of 1990 (Public Law 101–640; 104 Stat. 4648);
								(B)modified by the
				Amended Consent Judgment; and
								(C)revised under
				section 573(c)(1) of the Water Resources Development Act of 1999 (Public Law
				106–53; 113 Stat. 372), as in effect before the date of enactment of this
				section.
								(b)Onondaga Lake
				Watershed Council
							(1)EstablishmentThe Administrator shall establish a
				council, to be known as the Onondaga Lake Watershed Council, to
				develop a plan in accordance with subsection (c), to be known as the
				Adaptive Management Plan, for the restoration, conservation, and
				management of Onondaga Lake.
							(2)Membership
								(A)In
				generalThe Council shall
				consist of the following members:
									(i)The
				Administrator.
									(ii)The Secretary of
				the Army.
									(iii)The head of any
				other interested Federal department or agency, as determined by the
				Administrator.
									(iv)The Governor of
				the State of New York.
									(v)A
				representative designated by the Onondaga Nation Council of Chiefs.
									(vi)A
				representative designated by the mayor of the City of Syracuse, New
				York.
									(vii)A representative
				designated by the County Executive of Onondaga County, New York.
									(B)Ex officio
				membershipThe Council shall consist of the following ex officio,
				nonvoting members:
									(i)The Senators from
				the State of New York.
									(ii)Each Member of
				the House of Representatives whose congressional district is located wholly or
				partially within the Onondaga Lake watershed.
									(iii)Each member of
				the New York State Legislature whose district is located wholly or partially
				within the Onondaga Lake watershed.
									(iv)Such other
				members as the Administrator determines to be appropriate.
									(C)DesigneesAny member of the Council specified in
				clauses (i) through (iv) of subparagraph (A) or in subparagraph (B) may appoint
				a designee to serve in place of the member on the Council.
								(3)Committees
								(A)EstablishmentThe Council shall adopt bylaws providing
				for the establishment of standing committees, including—
									(i)a
				public outreach and participation committee; and
									(ii)a
				science and engineering committee.
									(B)AppointmentThe
				Council shall appoint members to each committee described in subparagraph
				(A).
								(4)Duties
								(A)Development of
				Adaptive Management PlanThe Council shall develop and (as
				necessary to achieve the goals identified under subsection (c)(1)) periodically
				revise the Adaptive Management Plan, in consultation with the Onondaga Lake
				Scientific Center.
								(B)Establishment of
				program for public participationThe Council shall establish and carry out a
				comprehensive, inclusive, and ongoing program for participation of the public,
				including the Onondaga Nation, Federal, State, and local governmental entities,
				and all other entities that may be affected by activities under this section,
				in the development and revision of the Adaptive Management Plan under
				subparagraph (A).
								(c)Adaptive
				Management Plan
							(1)Identification
				of goalsThe Adaptive Management Plan shall identify measurable
				goals for—
								(A)the restoration,
				conservation, and management of Onondaga Lake; and
								(B)compliance with all provisions of law
				(except a provision of law described in subsection (g)(1)(A)) affecting the
				restoration and conservation of Onondaga Lake, including the water quality
				standards established for Onondaga Lake (including total maximum daily loads
				established under section 303(d)(1)(C)) and the Amended Consent Judgment and
				all effluent limitations under those standards or the Amended Consent Judgment
				(or otherwise promulgated under this Act).
								(2)Recommendation
				of strategiesTo achieve the goals identified under paragraph
				(1), the Adaptive Management Plan shall incorporate and update the
				recommendations of the Onondaga Lake Management Plan to recommend strategies
				for management of—
								(A)the biological makeup of Onondaga
				Lake;
								(B)the physical
				development of Onondaga Lake and the surroundings of Onondaga Lake; and
								(C)the use of
				Onondaga Lake for recreational and other purposes.
								(3)Coordination
				with other activitiesThe
				strategies recommended under paragraph (2) shall provide for coordination with
				all other activities to restore or conserve, or otherwise affecting the
				restoration or conservation of, Onondaga Lake, including ongoing public
				participation activities, monitoring activities, and other activities carried
				out under Federal or State law.
							(4)Ongoing
				evaluation of strategiesTo
				evaluate the effectiveness of the strategies recommended under paragraph (2) in
				achieving the goals identified under paragraph (1), the Adaptive Management
				Plan shall—
								(A)identify specific
				monitoring parameters by which to make such an evaluation, and provide for the
				periodic revision of the monitoring parameters to achieve those goals;
								(B)establish a
				monitoring program to measure the monitoring parameters identified under
				subparagraph (A); and
								(C)provide for the
				periodic evaluation of the data collected pursuant to the monitoring program
				required by subparagraph (B).
								(5)ApprovalThe
				Administrator, after providing an opportunity for public review and comment,
				shall approve the Adaptive Management Plan by not later than 120 days after the
				date of development of the plan under subsection (b)(1), if—
								(A)the Administrator
				determines that the Adaptive Management Plan meets the requirements of this
				section; and
								(B)the Governor of
				the State of New York concurs in the approval.
								(6)Effect on
				Onondaga Lake Management PlanNothing in this section shall
				affect any activity carried out under the Onondaga Lake Management Plan, or any
				other activity affecting the restoration, conservation, or management of
				Onondaga Lake, before the date of approval of the Adaptive Management Plan
				under paragraph (5).
							(7)Implementation
				of Adaptive Management Plan
								(A)In
				generalSubject to
				subparagraph (B), the Administrator shall carry out the recommendations
				contained in the Adaptive Management Plan by—
									(i)cooperating with Federal and State
				agencies;
									(ii)providing grants, and otherwise making
				funds available under subsection (f);
									(iii)consulting with the Council; and
									(iv)facilitating the
				participation of the public, including the Onondaga Nation, Federal, State, and
				local governmental entities, and all other entities that may be affected by
				activities under this section.
									(B)RecommendationsThe
				recommendations of the Adaptive Management Plan shall not be carried out under
				this section before the date on which the plan is approved by the Administrator
				and the Governor of the State of New York.
								(d)Onondaga Lake
				Scientific Center
							(1)EstablishmentThe Council shall establish and direct a
				center, to be known as the Onondaga Lake Scientific Center.
							(2)DutiesThe
				Center shall advise the Council on—
								(A)development of
				benchmarks to accomplish the goals identified under subsection (c)(1);
								(B)implementation of
				the strategies recommended under subsection (c)(2);
								(C)implementation of
				the monitoring program under subsection (c)(4)(B);
								(D)establishment of the program for public
				participation described in subsection (c)(7)(A)(iv); and
								(E)other matters
				concerning the development and implementation of the Adaptive Management
				Plan.
								(3)MembershipThe membership of the Center shall consist
				of—
								(A)the
				Administrator;
								(B)representatives of
				such non-Federal entities as are appointed by the Council, including—
									(i)Syracuse
				University;
									(ii)the State
				University of New York College of Environmental Science and Forestry;
									(iii)the Upstate
				Freshwater Institute; and
									(iv)the Onondaga
				Environmental Institute; and
									(C)such other members
				as the Council determines to be appropriate.
								(4)ReportingThe
				Center shall submit to the Council an annual report—
								(A)assessing the
				effectiveness of the strategies recommended under subsection (c)(2) in
				accomplishing the goals identified under subsection (c)(1);
								(B)recommending
				changes to management and monitoring activities to accomplish the goals
				identified under subsection (c)(1); and
								(C)recommending means
				for implementation of those changes.
								(e)Onondaga
				Environmental InstituteThe Onondaga Environmental Institute, as
				a condition of receiving grants under subsection (f)(2), shall provide
				administrative services for the development and implementation of the Adaptive
				Management Plan.
						(f)Funding
							(1)In
				generalThe Administrator may
				make funds available to members of the Council and to the Center for use in
				carrying out this section.
							(2)GrantsThe
				Administrator, in consultation with the Council, may provide grants on a
				noncompetitive basis to the Governor of the State of New York, the mayor of the
				City of Syracuse, New York, the County Executive of Onondaga County, New York,
				and members of the Center described in subsection (d)(3)(B)—
								(A)to implement the
				strategies recommended under section (c)(2);
								(B)for research,
				surveys, administrative services, and studies; and
								(C)to gather data
				necessary to carry out this section.
								(3)No relief from
				liabilityGrants provided under this subsection shall not relieve
				from liability any person that would otherwise be liable under Federal or State
				law for damages, response costs, natural resource damages, restitution,
				equitable relief, or any other relief.
							(4)Cost
				sharing
								(A)In
				generalFederal funds expended for activities to carry out this
				section, including funds made available under paragraph (1), grants provided
				under paragraph (2), and funds used for administrative expenses under
				subsection (h)(2), shall not exceed 65 percent of the costs of carrying out the
				activities.
								(B)Non-Federal
				shareThe non-Federal share of the costs of carrying out any
				activity described in subparagraph (A)—
									(i)shall be provided
				from non-Federal sources; and
									(ii)may be provided
				in the form of in-kind services.
									(g)Relationship to
				other laws
							(1)No effect on
				Federal or State law or responsibilities assigned
				thereunderNothing in this section alters, modifies, or otherwise
				affects any other provision of Federal or State law, including any
				responsibility assigned under such a provision, including—
								(A)a provision of law
				(including a provision of the Comprehensive Environmental Response,
				Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the New
				York State Environmental Conservation Law) that requires, and assigns
				responsibility for, the performance of cleanup activities (including response
				and removal activities) or other activities affecting the restoration or
				conservation of Onondaga Lake; and
								(B)the responsibility
				assigned under a provision of law described in subparagraph (A).
								(2)No effect on
				existing liabilitiesNothing in this section creates or expands
				any liability that any party may have for natural resource damages under any
				provision of law.
							(h)Authorization of
				appropriations
							(1)In
				generalThere is authorized to be appropriated to the
				Administrator to carry out this section $10,000,000 for each fiscal year, to
				remain available until expended.
							(2)Administrative
				expensesThe Administrator
				may use amounts appropriated under paragraph (1) for administrative expenses
				incurred in carrying out this
				section.
							.
			(b)Water Resources
			 Development Act of 1999
				(1)RepealSubject to paragraph (2), section 573 of
			 the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 372)
			 is repealed.
				(2)Continued
			 applicabilitySection 573 of
			 the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 372),
			 as in effect on the day before the date of enactment of this Act, shall
			 continue to apply to amounts appropriated before that date and made available
			 to carry out that section.


		II
		110th CONGRESS
		1st Session
		S. 1542
		IN THE SENATE OF THE UNITED STATES

			June 5, 2007
			Mrs. Clinton introduced
			 the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To establish State infrastructure banks for education,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Investing for Tomorrow’s Schools Act
			 of 2007.
		2.FindingsThe Congress finds the following:
			(1)According to the
			 School Management and Planning magazine, up to $150,000,000,000 in repairs,
			 renovations, and modernizations is needed to put schools in the United States
			 into good overall condition.
			(2)Approximately
			 14,000,000 United States students attend schools that report the need for
			 extensive repair or replacement of 1 or more buildings.
			(3)According to a
			 recent study conducted by American School & University magazine,
			 $29,088,000,000 was spent to address the Nation’s education infrastructure
			 needs, with the average total cost of a new high school being
			 $27,000,000.
			(4)Academic research
			 has proven that there is a direct correlation between the condition of school
			 facilities and student achievement. At Georgetown University, researchers have
			 found that students assigned to schools in poor condition could be expected to
			 have test scores that are 10.9 percentage points lower than students in schools
			 in excellent condition. Similar studies demonstrated improvement of up to 20
			 percent in test scores when students were moved from a facility in poor
			 condition to a new facility.
			(5)Large numbers of
			 local educational agencies have difficulties securing financing for school
			 facility improvement.
			(6)The challenges
			 facing the Nation’s public elementary schools and secondary schools and
			 libraries require the concerted efforts of all levels of government and all
			 sectors of communities.
			(7)The United States
			 competitive position within the world economy is vulnerable if the future
			 workforce of the United States continues to be educated in schools and
			 libraries not equipped for the 21st century.
			(8)The deplorable
			 state of collections in public school libraries in the United States has
			 increased the demands on public libraries. In many instances, public libraries
			 substitute for school libraries, creating a higher demand for material and
			 physical space to house literature and educational computer equipment.
			(9)Research shows
			 that 50 percent of a child’s intellectual development takes place before age 4.
			 The Nation’s public and school libraries play a critical role in a child’s
			 early development because the libraries provide a wealth of books and other
			 resources that can give every child a head start on life and learning.
			3.State
			 infrastructure bank pilot program
			(a)Establishment
				(1)Cooperative
			 agreementsThe Secretary of Education (referred to in this Act as
			 the Secretary), after consultation with the Secretary of the
			 Treasury, may enter into cooperative agreements with States under which—
					(A)the States
			 establish State infrastructure banks and multistate infrastructure banks for
			 the purpose of providing the loans described in subparagraph (B); and
					(B)the Secretary
			 awards grants to States to be used as initial capital for the purpose of making
			 loans through the infrastructure banks—
						(i)to
			 local educational agencies to enable the agencies to construct, reconstruct, or
			 renovate elementary schools or secondary schools that provide free public
			 education; and
						(ii)to
			 public libraries to enable the libraries to construct, reconstruct, or renovate
			 library facilities.
						(2)Interstate
			 compacts
					(A)ConsentCongress
			 grants consent to any 2 or more States, entering into a cooperative agreement
			 under paragraph (1) with the Secretary for the establishment of a multistate
			 infrastructure bank, to enter into an interstate compact establishing a
			 multistate infrastructure bank in accordance with this section.
					(B)Reservation of
			 rightsCongress expressly reserves the right to alter, amend, or
			 repeal this section and any consent granted pursuant to this section.
					(b)RepaymentsEach
			 infrastructure bank established under subsection (a) shall apply repayments of
			 principal and interest on loans funded by the grant received under subsection
			 (a) to the making of additional loans.
			(c)Infrastructure
			 bank requirementsA State establishing an infrastructure bank
			 under this section shall—
				(1)contribute to the
			 bank, from non-Federal sources, an amount equal to not less than 25 percent of
			 the amount of each grant made for the bank under subsection (a);
				(2)identify as
			 recipient of the grant an operating entity of the State that has the capacity
			 to manage loan funds, and issue debt instruments of the State for purposes of
			 leveraging the funds made available through the grant or State contributions
			 under paragraph (1) related to the grant;
				(3)allow such funds
			 to be used as reserve for debt issued by the State, so long as proceeds are
			 deposited in the appropriate accounts for loan purposes;
				(4)ensure that
			 investment income generated by funds described in paragraph (2) and made
			 available to an account of the bank will be—
					(A)credited to the
			 account;
					(B)available for use
			 in providing loans for a project eligible for assistance from the account;
			 and
					(C)invested in
			 United States Treasury securities, bank deposits, or such other financing
			 instruments as the Secretary may approve to earn interest to enhance the
			 leveraging of funds for projects assisted by the bank;
					(5)ensure that any
			 loan from the bank will bear interest at or below the lowest interest rate
			 being offered for bonds;
				(6)ensure that
			 repayment of any loan from the bank will commence not later than 1 year after
			 the project has been completed;
				(7)ensure that the
			 term for repaying any such loan will not exceed 30 years after the date of the
			 first payment on the loan under paragraph (6); and
				(8)require the bank
			 to make an annual report to the Secretary on its status, and make such other
			 reports as the Secretary may require by guidelines.
				(d)Forms of
			 assistance from infrastructure banks
				(1)In
			 generalAn infrastructure bank established under this section may
			 make a loan to a local educational agency or a public library in an amount
			 equal to all or part of the cost of carrying out a project eligible for a loan
			 under subsection (e).
				(2)Applications
			 for loans
					(A)In
			 generalA local educational agency or public library desiring a
			 loan under this section shall submit to such an infrastructure bank an
			 application that includes—
						(i)in
			 the case of an application for a renovation project for a facility—
							(I)a description of
			 each architectural, civil, structural, mechanical, or electrical deficiency to
			 be corrected with the loan funds and the priorities to be applied in
			 determining which deficiency to address first; and
							(II)a description of
			 the criteria used by the applicant to determine the type of corrective action
			 necessary for the renovation of the facility;
							(ii)a
			 description of any improvements to be made and a cost estimate for the
			 improvements to be made with the loan;
						(iii)a
			 description of how work undertaken with the loan will promote energy
			 conservation; and
						(iv)such other
			 information as the infrastructure bank may require.
						(B)TimingAn
			 infrastructure bank shall take final action on a completed application
			 submitted to it in accordance with this subsection not later than 90 days after
			 the date of the submission of the application.
					(3)Criteria for
			 loansIn considering an application for a loan under this
			 section, an infrastructure bank shall consider—
					(A)the extent to
			 which the local educational agency or public library desiring the loan would
			 otherwise lack the fiscal capacity, including the ability to raise funds
			 through the full use of bonding capacity of the agency or library, to undertake
			 the project proposed in the application;
					(B)in the case of a
			 local educational agency, the threat that the condition of the physical plant
			 in the proposed project poses to the safety and well-being of students;
					(C)the demonstrated
			 need for the construction, reconstruction, or renovation described in the
			 application, based on the condition of the facility in the proposed project;
			 and
					(D)the age of the
			 facility proposed to be replaced, reconstructed, or renovated.
					(e)Eligible
			 projects
				(1)In
			 generalA project shall be eligible for a loan from an
			 infrastructure bank under this section if the project consists of—
					(A)the construction
			 of an elementary school or secondary school to meet the needs imposed by
			 enrollment growth;
					(B)the repair or
			 upgrading of classrooms or structures related to academic learning at an
			 educational facility, including the repair of leaking roofs, crumbling walls,
			 inadequate plumbing, poor ventilation equipment, or inadequate heating or
			 lighting equipment;
					(C)an activity to
			 increase physical safety at an educational facility;
					(D)an activity to
			 enhance an educational facility to provide access for students, teachers, and
			 other individuals (such as staff and parents) who are individuals with
			 disabilities;
					(E)an activity to
			 address environmental hazards at an educational facility, such as poor
			 ventilation, indoor air quality, or lighting;
					(F)the provision of
			 basic infrastructure that facilitates educational technology, such as
			 communications outlets, electrical systems, power outlets, or a communication
			 closet, at an educational facility;
					(G)work that will
			 bring an educational facility into conformity with the requirements of—
						(i)environmental
			 protection or health and safety programs mandated by Federal, State, or local
			 law, if such requirements were not in effect when the facility was initially
			 constructed; and
						(ii)hazardous waste
			 treatment, storage, and disposal requirements mandated under the
			 Solid Waste Disposal Act
			 (42 U.S.C.
			 6901 et seq.) or similar State laws;
						(H)work that will
			 enable efficient use of available energy resources at an educational
			 facility;
					(I)work to detect,
			 remove, or otherwise contain asbestos hazards in an educational facility;
			 or
					(J)work to construct
			 public library facilities or repair or upgrade public library
			 facilities.
					(2)Davis-BaconThe
			 wage requirements of subchapter IV of chapter 31 of title 40, United States
			 Code shall apply with respect to individuals employed on the projects described
			 in paragraph (1).
				(3)Healthy high
			 performance schools
					(A)Establishment
			 of guidelinesAfter consultation with States and consideration of
			 leading green building standards, the Secretary, in consultation with the
			 Secretary of Energy and the Administrator of the Environmental Protection
			 Agency, shall establish Healthy, High Performance School Guidelines, which
			 shall provide guidance for the construction and renovation of schools,
			 educational facilities, and libraries relating to energy efficiency, renewable
			 energy, water use, building materials, indoor environmental quality, and such
			 other matters as the Secretary considers to be appropriate.
					(B)Applicability
			 of guidelinesA local educational agency or public library using
			 a loan under this section to fund a new construction or renovation project
			 described in paragraph (1) shall ensure that the project conforms, to the
			 maximum extent practicable, to the Healthy, High Performance School Guidelines
			 described in subparagraph (A).
					(f)SupplementationAny
			 loan made by an infrastructure bank shall be used to supplement and not
			 supplant other Federal, State, and local funds available to carry out school or
			 library construction, reconstruction, or renovation (including repair).
			(g)Limitation on
			 repaymentsNotwithstanding any other provision of law, if an
			 infrastructure bank makes a loan under this section with funds made available
			 through a grant awarded to a State under subsection (a), the funds used to
			 repay the loan may not be credited toward the contribution required for the
			 State under subsection (c)(1) for a subsequent grant awarded under subsection
			 (c).
			(h)Secretarial
			 requirementsIn administering this section, the Secretary shall
			 specify procedures and guidelines for establishing, operating, and providing
			 assistance from an infrastructure bank.
			(i)United States
			 not obligatedThe contribution of Federal funds to an
			 infrastructure bank established under this section shall not be construed as a
			 commitment, guarantee, or obligation on the part of the United States to any
			 third party, nor shall any third party have any right against the United States
			 for payment solely by virtue of the contribution. Any security or debt
			 financing instrument issued by the infrastructure bank shall expressly state
			 that the security or instrument does not constitute a commitment, guarantee, or
			 obligation of the United States.
			(j)Income
			 attributable to interestThe income attributable to interest
			 described in subsection (c)(5) shall be exempt from Federal taxation.
			(k)Management of
			 Federal fundsSections 3335 and 6503 of title 31, United States
			 Code, shall not apply to funds contributed under this section.
			(l)Program
			 administrationA State may expend an amount not to exceed 2
			 percent of the grant funds contributed to an infrastructure bank established by
			 a State or States under this section to pay the reasonable costs of
			 administering the infrastructure bank.
			(m)Secretarial
			 review and reportThe Secretary shall—
				(1)review the
			 financial condition of each infrastructure bank established under this section;
			 and
				(2)transmit to
			 Congress a report on the results of such review not later than 90 days after
			 the completion of the review.
				4.DefinitionsIn this Act:
			(1)Elementary
			 school, free public education, and secondary schoolThe terms
			 elementary school, free public education, and
			 secondary school have the meanings given the terms in section 9101
			 of the Elementary and Secondary Education Act of
			 1965 (20
			 U.S.C. 7801).
			(2)Local
			 educational agencyThe term local educational agency
			 has the meaning given the term in section 9101 of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 7801) and includes a public charter school
			 that operates as a local educational agency of the State in which the school is
			 located.
			(3)Outlying
			 areaThe term outlying area means the United States
			 Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
			 Islands, the Republic of the Marshall Islands, the Federated States of
			 Micronesia, and the Republic of Palau.
			(4)Public
			 libraryThe term public library—
				(A)means a library
			 that serves, free of charge, all residents of a community, district, or region,
			 and receives its financial support in whole or in part from public funds;
			 and
				(B)includes a
			 research library, which, for purposes of this subparagraph, means a library
			 that—
					(i)makes its
			 services available to the public free of charge;
					(ii)has extensive
			 collections of books, manuscripts, and other materials suitable for scholarly
			 research that are not available to the public through public libraries;
					(iii)engages in the
			 dissemination of humanistic knowledge through the provision of services to
			 readers, fellowships, educational and cultural programs, publication of
			 significant research, and other activities; and
					(iv)is
			 not an integral part of an institution of higher education (as defined in
			 section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
					(5)StateThe
			 term State means each of the 50 States, the District of Columbia,
			 the Commonwealth of Puerto Rico, and each of the outlying areas.


113 HR 1150 IH: Preservation of Antibiotics for Medical Treatment Act of 2013
U.S. House of Representatives
2013-03-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1150
		IN THE HOUSE OF REPRESENTATIVES

			March 14, 2013
			Ms. Slaughter
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

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

		1.Short titleThis Act may be cited as the
			 Preservation of Antibiotics for
			 Medical Treatment Act of 2013.
		2.FindingsThe Congress finds the following:
			(1)(A)In 1977, the Food and
			 Drug Administration concluded that feeding livestock low doses of antibiotics
			 used in human disease treatment could promote the development of
			 antibiotic-resistance in bacteria. However, the Food and Drug Administration
			 did not act in response to these findings, despite laws requiring the agency to
			 do so.
				(B)In 2012, the Food and Drug
			 Administration was ordered by a Federal court to address the use of antibiotics
			 in livestock, as the result of a lawsuit filed against the agency citing the
			 agency’s failure to act in response to the 1977 findings.
				(2)(A)In 1998, the National
			 Academy of Sciences noted that antibiotic-resistant bacteria generate a minimum
			 of $4,000,000,000 to $5,000,000,000 in costs to United States society and
			 individuals yearly.
				(B)In 2009, Cook County Hospital and the
			 Alliance for Prudent Use of Antibiotics estimated that the total health care
			 cost of antibiotic resistant infections in the United States was between
			 $16,600,000,000 and $26,000,000,000 annually.
				(3)An April 1999
			 study by the Government Accountability Office concluded that resistant strains
			 of 3 microorganisms that cause food-borne illness or disease in humans
			 (Salmonella, Campylobacter, and E. coli) are linked to the use of antibiotics
			 in animals.
			(4)(A)Large-scale, voluntary
			 surveys by the Department of Agriculture’s Animal and Plant Health Inspection
			 Service in 1999, 2001, and 2006 revealed that—
					(i)84 percent of grower-finisher swine
			 farms, 83 percent of cattle feedlots, and 84 percent of sheep farms administer
			 antimicrobials in the feed or water for health or growth promotion reasons;
			 and
					(ii)many of the antimicrobials
			 identified are identical or closely related to drugs used in human medicine,
			 including tetracyclines, macrolides, Bacitracin, penicillins, and sulfonamides;
			 and
					(B)these drugs are used in people to
			 treat serious diseases such as pneumonia, scarlet fever, rheumatic fever,
			 sexually transmitted infections, skin infections, and even pandemics like
			 malaria and plague, as well as bioterrorism agents like smallpox and
			 anthrax.
				(5)(A)Any overuse or misuse of
			 antibiotics contributes to the spread of antibiotic resistance, whether in
			 human medicine or in agriculture.
				(B)Recognizing the public health threat
			 caused by antibiotic resistance, Congress took several steps to curb antibiotic
			 overuse in human medicine through amendments to the Public Health Service Act
			 (42 U.S.C. 201 et seq.) made by section 102 of the Public Health Threats and
			 Emergencies Act (Public Law 106–505, title I; 114 Stat. 2315), but has not yet
			 addressed antibiotic overuse in agriculture.
				(6)In January 2001, a
			 Federal interagency task force—
				(A)released an action
			 plan to address the continuing decline in effectiveness of antibiotics against
			 common bacterial infections, referred to as antibiotic resistance;
				(B)determined that
			 antibiotic resistance is a growing menace to all people and poses a serious
			 threat to public health; and
				(C)cautioned that if
			 current trends continue, treatments for common infections will become
			 increasingly limited and expensive, and, in some cases, nonexistent.
				(7)The United States
			 Geological Survey reported in March 2002 that—
				(A)antibiotics were
			 present in 48 percent of the streams tested nationwide; and
				(B)almost half of the
			 tested streams were downstream from agricultural operations.
				(8)The peer-reviewed
			 journal Clinical Infectious Diseases published a report in June
			 2002 that—
				(A)was based on a
			 2-year review by experts in human and veterinary medicine, public health,
			 microbiology, biostatistics, and risk analysis, of more than 500 scientific
			 studies on the human health impacts of antimicrobial use in agriculture;
			 and
				(B)recommended that
			 antimicrobial agents should no longer be used in agriculture in the absence of
			 disease, but should be limited to therapy for diseased individual animals and
			 prophylaxis when disease is documented in a herd or flock.
				(9)In a March 2003
			 report, the National Academy of Sciences stated that—
				(A)a decrease in
			 antimicrobial use in human medicine alone will have little effect on the
			 current situation; and
				(B)substantial
			 efforts must be made to decrease inappropriate overuse in animals and
			 agriculture.
				(10)The Federal Food,
			 Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)—
				(A)requires that all
			 drugs be shown to be safe before the drugs are approved; and
				(B)places the burden
			 on manufacturers to account for health consequences and prove safety.
				(11)(A)In 2003, the Food and
			 Drug Administration modified the drug approval process for antibiotics to
			 recognize the development of resistant bacteria as an important aspect of
			 safety, but most antibiotics currently used in animal production systems for
			 nontherapeutic purposes were approved before the Food and Drug Administration
			 began considering resistance during the drug-approval process.
				(B)The Food and Drug Administration has
			 not established a schedule for reviewing those existing approvals.
				(12)(A)In an April 2004 report,
			 the Government Accountability Office—
					(i)concluded that Federal agencies do
			 not collect the critical data on antibiotic use in animals that they need to
			 support research on human health risks; and
					(ii)recommended that the Department of
			 Agriculture and the Department of Health and Human Services develop and
			 implement a plan to collect data on antibiotic use in animals.
					(B)In a September 2011 update to that
			 report, the Government Accountability Office—
					(i)concluded that Federal agencies had
			 made limited progress in addressing antibiotic use in animals;
					(ii)recommended that Federal agencies
			 fund research on alternatives to current antibiotic use practices; and
					(iii)recommended that Federal agencies
			 track the effectiveness of policies that curb antibiotic resistance, including
			 FDA’s voluntary guidelines reducing antibiotic use in food animals.
					(13)In 2009, the
			 Congressional Research Service concluded that without restrictions on the use
			 of antimicrobial drugs in the production of livestock, export markets for
			 livestock and poultry could be negatively impacted due to restrictions on the
			 use of antibiotics in other nations.
			(14)In 2010, the
			 peer-reviewed journal Molecular Cell published a study
			 demonstrating that low-dosage use of antibiotics causes a dramatic increase in
			 genetic mutation, raising new concerns about the agricultural practice of using
			 low-dosage antibiotics in order to stimulate growth promotion and routinely
			 prevent disease in unhealthy conditions.
			(15)In 2010, the
			 Danish Veterinary and Food Administration testified that the Danish ban of the
			 nontherapeutic use of antibiotics in food animal production resulted in a
			 marked reduction in antimicrobial resistance in multiple bacterial species,
			 including Campylobacter and Enterococci.
			(16)In 2011, the Food
			 and Drug Administration determined that—
				(A)13.5 million
			 kilograms of antibacterial drugs were sold for use on food animals in the
			 United States in 2010;
				(B)3.3 million
			 kilograms of antibacterial drugs were used for human health in 2010; and
				(C)therefore, 80
			 percent of antibacterial drugs disseminated in the United States in 2010 were
			 sold for use on food animals, rather than being used for human health.
				(17)In 2011, a review
			 of all scientific studies on antimicrobial use in farm animals, published in
			 Clinical Microbiology Reviews, found that—
				(A)use of antibiotics
			 in food animals leads to development of reservoirs of antibiotic
			 resistance;
				(B)a ban on
			 antibiotic use in food animals would preserve their use for medicine;
			 and
				(C)a Danish ban on
			 antibiotics in food animals resulted in little change in animal morbidity and
			 mortality, and only a modest increase in production cost.
				(18)In April 2012,
			 the Food and Drug Administration issued voluntary guidance to industry on
			 reducing antibiotic use in livestock and poultry. As part of that guidance, it
			 summarized over 35 years of peer-reviewed scientific literature regarding use
			 of antimicrobial drugs in livestock. As a result, FDA stated strategies for
			 controlling antibiotic resistance are needed, and are seeking voluntarily
			 limits on antibiotic use.
			(19)(A)In January 2013,
			 Consumer Reports published test results on pork products bought in grocery
			 stores nationwide showing disturbingly high levels of Salmonella and Yersinia
			 enterocolitica bacteria that were resistant to the antibiotics used to treat
			 food borne illnesses. A 2003 Consumer Report study showed similar results in
			 poultry products.
				(B)The Food and Drug Administration’s
			 National Antimicrobial Resistance Monitoring System routinely finds that retail
			 meat products are contaminated with bacteria (including the foodborne pathogens
			 Campylobacter and Salmonella) that are resistant to antibiotics important in
			 human medicine. The 2011 National Antimicrobial Resistance Monitoring System
			 report found that the percentage of meat containing antibiotic resistant
			 bacteria increases each year and that many of these bacteria exhibit multiple
			 antibiotic resistance.
				(20)Antibiotic
			 resistance, resulting in a reduced number of effective antibiotics, may
			 significantly impair the ability of the United States to respond to terrorist
			 attacks involving bacterial infections or a large influx of hospitalized
			 patients.
			(21)Many scientific
			 studies confirm that the nontherapeutic use of antibiotics in agricultural
			 animals contribute to the development of antibiotic-resistant bacterial
			 infections in people.
			(22)Epidemiological
			 research has shown that resistant Salmonella and Campylobacter infections are
			 associated with increased numbers of ill patients and bloodstream infections,
			 and increased death.
			(23)The American
			 Medical Association, the American Public Health Association, the National
			 Association of County and City Health Officials, and the National Sustainable
			 Agriculture Coalition are among the over 400 organizations representing health,
			 consumer, agricultural, environmental, humane, and other interests that have
			 supported enactment of legislation to phase out nontherapeutic use in farm
			 animals of medically important antimicrobials.
			3.PurposeThe purpose of this Act is to preserve the
			 effectiveness of medically important antimicrobials used in the treatment of
			 human and animal diseases.
		4.Proof of safety
			 of medically important antimicrobials
			(a)Applications
			 pending or submitted after enactmentSection 512(d)(1) of the
			 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(d)(1)) is amended—
				(1)in the first
			 sentence—
					(A)in subparagraph
			 (H), by striking or at the end;
					(B)in subparagraph
			 (I), by inserting or at the end; and
					(C)by inserting after
			 subparagraph (I) the following:

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

					(q)Phased
				elimination of nontherapeutic use in animals of medically important
				antimicrobials
						(1)ApplicabilityThis
				paragraph applies to the nontherapeutic use in a food-producing animal of a
				drug—
							(A)that is a
				medically important antimicrobial; or
							(B)(i)for which there is in
				effect an approval of an application or an exemption under subsection (b), (i),
				or (j) of section 505; or
								(ii)that is otherwise marketed for
				human use.
								(2)WithdrawalThe
				Secretary shall withdraw the approval of a nontherapeutic use in food-producing
				animals of a drug described in paragraph (1) on the date that is 2 years after
				the date of enactment of this subsection unless—
							(A)before the date
				that is 2 years after the date of the enactment of this subsection, the
				Secretary makes a final written determination that the holder of the approved
				application has demonstrated that there is a reasonable certainty of no harm to
				human health due to the development of antimicrobial resistance that is
				attributable in whole or in part to the nontherapeutic use of the drug;
				or
							(B)before the date
				specified in subparagraph (A), the Secretary makes a final written
				determination under this subsection, with respect to a risk analysis of the
				drug conducted by the Secretary and other relevant information, that there is a
				reasonable certainty of no harm to human health due to the development of
				antimicrobial resistance that is attributable in whole or in part to the
				nontherapeutic use of the drug.
							(3)ExemptionsExcept
				as provided in paragraph (5), if the Secretary grants an exemption under
				section 505(i) for a drug that is a medically important antimicrobial, the
				Secretary shall rescind each approval of a nontherapeutic use in a
				food-producing animal of the medically important antimicrobial, as of the date
				that is 2 years after the date on which the Secretary grants the
				exemption.
						(4)ApprovalsExcept
				as provided in paragraph (5), if an application for a drug that is a medically
				important antimicrobial is submitted to the Secretary under section 505(b), the
				Secretary shall rescind each approval of a nontherapeutic use in a
				food-producing animal of the medically important antimicrobial, as of the date
				that is 2 years after the date on which the application is submitted to the
				Secretary.
						(5)ExceptionsParagraph
				(3) or (4), as the case may be, shall not apply if—
							(A)before the date on
				which approval would be rescinded under that paragraph, the Secretary makes a
				final written determination that the holder of the application for the approved
				nontherapeutic use has demonstrated that there is a reasonable certainty of no
				harm to human health due to the development of antimicrobial resistance that is
				attributable in whole or in part to the nontherapeutic use in the
				food-producing animal of the medically important antimicrobial; or
							(B)before the date
				specified in subparagraph (A), the Secretary makes a final written
				determination, with respect to a risk analysis of the medically important
				antimicrobial conducted by the Secretary and any other relevant information,
				that there is a reasonable certainty of no harm to human health due to the
				development of antimicrobial resistance that is attributable in whole or in
				part to the nontherapeutic use of the medically important antimicrobial.
							(6)DefinitionIn
				this subsection:
							(A)The term
				medically important antimicrobial means a drug that—
								(i)is
				intended for use in food-producing animals; and
								(ii)is composed
				wholly or partly of—
									(I)any kind of
				penicillin, tetracycline, macrolide, lincosamide, streptogramin,
				aminoglycoside, sulfonamide, or cephalosporin; or
									(II)a drug from an
				antimicrobial class that is listed as highly important,
				critically important, or important by the World
				Health Organization in the latest edition of its publication entitled
				Critically Important Antimicrobials for Human Medicine (or a
				successor publication).
									(B)The term
				therapeutic use, with respect to a medically important
				antimicrobial, means the use of antimicrobials for the specific purpose of
				treating an animal with a documented disease or infection. Such term does not
				include the continued use of such an antimicrobial in the animal after the
				disease or infection is resolved.
							(C)The term
				nontherapeutic use—
								(i)means administration of antibiotics to an
				animal through feed and water (or, in poultry hatcheries, through any means)
				for purposes (such as growth promotion, feed efficiency, weight gain, or
				disease prevention) other than therapeutic use or nonroutine disease control;
				and
								(ii)includes any
				repeated or regular pattern of use of medically important antimicrobials for
				purposes other than therapeutic use or nonroutine disease control.
								(D)The term
				noncustomary situation does not include normal or standard
				practice and conditions on the premises that facilitate the transmission of
				disease.
							(E)The term nonroutine disease
				control means the use of antibiotics on an animal that is not sick but
				where it can be shown that a particular disease or infection is present, or is
				likely to occur because of a specific, noncustomary situation, on the premises
				at the barn, house, pen, or other level at which the animal is
				kept.
							.
			5.Limitations on
			 use of medically important antimicrobials for nonroutine disease
			 control
			(a)Prohibited
			 actsSection 301 of the
			 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at
			 the end the following:

					(ccc)The administration of a medically important
				antimicrobial to a food-producing animal for nonroutine disease control in
				violation of the requirements of section
				512A.
					.
			(b)RequirementsChapter V of the Federal Food, Drug, and
			 Cosmetic Act is amended by inserting after section 512 of such Act (21 U.S.C.
			 360b) the following:

					512A.Limitations on
				use of medically important antimicrobials for nonroutine disease
				control
						(a)ProhibitionIt shall be unlawful to administer
				(including by means of animal feed) a medically important antimicrobial to a
				food-producing animal for nonroutine disease control unless—
							(1)there is a
				significant risk that a disease or infection present on the premises will be
				transmitted to the food-producing animal;
							(2)the administration of the medically
				important antimicrobial to the food-producing animal is necessary to prevent or
				reduce the risk of transmission of the disease or infection described in
				paragraph (1);
							(3)the medically important antimicrobial is
				administered to the food-producing animal for nonroutine disease control for
				the shortest duration possible to prevent or reduce the risk of transmission of
				the disease or infection described in paragraph (1) to the animal; and
							(4)the medically
				important antimicrobial is administered—
								(A)at a scale no
				greater than the barn, house, or pen level; and
								(B)to the fewest
				animals possible to prevent or reduce the risk of transmission of the disease
				or infection described in paragraph (1).
								(b)DefinitionsIn
				this section:
							(1)The term
				food-producing animal means a food-producing animal intended for
				sale in interstate commerce.
							(2)The terms
				medically important antimicrobial and nonroutine disease
				control have the meanings given to such terms in section
				512(q).
							.
			(c)ApplicabilityThe
			 amendments made by this section apply beginning on the date that is 6 months
			 after the date of the enactment of this Act.


113 SRES 243 IS: Authorizing expenditures by the Committee on Veterans' Affairs.
U.S. Senate
2013-09-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

III113th CONGRESS1st SessionS. RES. 243IN THE SENATE OF THE UNITED STATESSeptember 19, 2013Mr. Sanders, from the Committee on Veterans' Affairs, reported the following original resolution; which was referred to the Committee on Rules and AdministrationRESOLUTIONAuthorizing expenditures by the Committee
		  on Veterans' Affairs.That, in carrying out its powers, duties,
			 and functions under the Standing Rules of the Senate, in accordance with its
			 jurisdiction under Rule XXV of such rules, including holding hearings,
			 reporting such hearings, and making investigations as authorized by paragraphs
			 1 and 8 of Rule XXVI of the Standing Rules of the Senate, the Committee on
			 Veterans' Affairs is authorized from October 1, 2013, through September 30,
			 2014, and October 1, 2014, through February 28, 2015, in its discretion (1) to
			 make expenditures from the contingent fund of the Senate, (2) to employ
			 personnel, and (3) with the prior consent of the Government department or
			 agency concerned and the Committee on Rules and Administration, to use on a
			 reimbursable or non-reimbursable basis the services of personnel of any such
			 department or agency.2.(a)The expenses of the committee for the
			 period October 1, 2013, through September 30, 2014, under this resolution shall
			 not exceed $2,178,117, of which amount (1) not to exceed $50,000 may be
			 expended for the procurement of the services of individual consultants, or
			 organizations thereof (as authorized by section 202(i) of the Legislative
			 Reorganization Act of 1946 (2 U.S.C. 72a(i))), and (2) not to exceed $9,500 may
			 be expended for the training of the professional staff of such committee (under
			 procedures specified by section 202(j) of the Legislative Reorganization Act of
			 1946 (2 U.S.C. 72a(j))).(b)For the period
			 October 1, 2014, through February 28, 2015, expenses of the committee under
			 this resolution shall not exceed $907,549, of which amount (1) not to exceed
			 $21,000 may be expended for the procurement of the services of individual
			 consultants, or organizations thereof (as authorized by section 202(i) of the
			 Legislative Reorganization Act of 1946 (2 U.S.C. 72a(i))), and (2) not to
			 exceed $3,500 may be expended for the training of the professional staff of
			 such committee (under procedures specified by section 202(j) of the Legislative
			 Reorganization Act of 1946 (2 U.S.C. 72a(j))).3.The committee shall report its findings,
			 together with such recommendations for legislation as it deems advisable, to
			 the Senate at the earliest practicable date, but not later than February 28,
			 2015.4.Expenses of the committee under this
			 resolution shall be paid from the contingent fund of the Senate upon vouchers
			 approved by the chairman of the committee, except that vouchers shall not be
			 required (1) for the disbursement of salaries of employees paid at an annual
			 rate, or (2) for the payment of telecommunications provided by the Office of
			 the Sergeant at Arms and Doorkeeper, United States Senate, or (3) for the
			 payment of stationery supplies purchased through the Keeper of the Stationery,
			 United States Senate, or (4) for payments to the Postmaster, United States
			 Senate, or (5) for the payment of metered charges on copying equipment provided
			 by the Office of the Sergeant at Arms and Doorkeeper, United States Senate, or
			 (6) for the payment of Senate Recording and Photographic Services, or (7) for
			 payment of franked and mass mail costs by the Sergeant at Arms and Doorkeeper,
			 United States Senate.5.There are authorized such sums as may be
			 necessary for agency contributions related to the compensation of employees of
			 the committee from October 1, 2013, through September 30, 2014, and October 1,
			 2014, through February 28, 2015, to be paid from the Appropriations account for
			 Expenses of Inquiries and Investigations.


		II

		109th CONGRESS

		1st Session

		S. 849

		IN THE SENATE OF THE UNITED STATES

			April 19, 2005

			Mr. Allen (for himself,

			 Mr. Wyden, Mr.

			 Sununu, Mr. Ensign,

			 Mr. Leahy, Mr.

			 Burns, Mr. Smith,

			 Mr. Warner, and Mr. McCain) introduced the following bill; which was

			 read twice and referred to the Committee

			 on Commerce, Science, and Transportation

		A BILL

		To make the moratorium on Internet access taxes and

		  multiple and discriminatory taxes on electronic commerce

		  permanent.

		1.Short

			 titleThis Act may be cited as

			 the Internet Tax Nondiscrimination

			 Act.

		2.Permanent

			 moratorium on Internet access taxes and multiple and discriminatory taxes on

			 electronic commerceSection

			 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by

			 striking taxes during the period beginning November 1, 2003, and ending

			 November 1, 2007: and inserting taxes:


116 S422 IS: Small Business Tax Equity Act of 2019
U.S. Senate
2019-02-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 422IN THE SENATE OF THE UNITED STATESFebruary 7, 2019Mr. Wyden (for himself, Mr. Paul, Mr. Bennet, and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to allow deductions and credits relating to expenditures
			 in connection with marijuana sales conducted in compliance with State law.

 1.Short titleThis Act may be cited as the Small Business Tax Equity Act of 2019. 2.Allowance of deductions and credits relating to expenditures in connection with marijuana sales conducted in compliance with State law (a)In generalSection 280E of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: , unless such trade or business consists of marijuana sales conducted in compliance with State law.
 (b)Effective dateThe amendment made by this section shall apply with respect to taxable years ending after the date of the enactment of this Act.


		I
		112th CONGRESS
		1st Session
		H. R. 2961
		IN THE HOUSE OF REPRESENTATIVES

			September 15, 2011
			Mr. Pompeo (for
			 himself, Mr. Lankford,
			 Ms. Jenkins,
			 Mr. Huelskamp,
			 Mr. Yoder,
			 Mr. Lucas,
			 Mr. Boren,
			 Mr. Cole, Mr. Sullivan, and Mr. Griffith of Virginia) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To amend the Patient Protection and Affordable Care Act
		  to have Early Innovator grant funds returned by States apply towards deficit
		  reduction.

		1.Application of returned PPACA
			 early innovator grant funds towards deficit reductionSection 1311(a) of the Patient Protection
			 and Affordable Care Act (42 U.S.C. 18031(a)) is amended by adding at the end
			 the following new paragraph:

				(6)Application of
				returned funds towards deficit reductionIf an award is made to a State under this
				subsection and the State subsequently notifies the Secretary in writing that it
				will not use any remaining funds under the award, any such remaining funds
				shall be deobligated and rescinded and shall be returned to the general fund of
				the Treasury for the purpose of deficit
				reduction.
				.


115 HRES 1168 IH: Commemorating the 100th anniversary of Polish independence.
U.S. House of Representatives
2018-12-03
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.

IV115th CONGRESS2d SessionH. RES. 1168IN THE HOUSE OF REPRESENTATIVESDecember 3, 2018Ms. Kaptur (for herself, Mrs. Walorski, Mr. Lipinski, Mr. Smith of New Jersey, Mr. Fitzpatrick, Mrs. Dingell, Mr. Higgins of New York, Mr. Quigley, Mrs. Comstock, Mr. Sensenbrenner, Mr. Sires, and Mr. Diaz-Balart) submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONCommemorating the 100th anniversary of Polish independence.

 Whereas a shared commitment to democratic principles, freedom, rule of law, and human rights form the foundation of the close United States-Polish relationship, as well as the deep resolve to the North Atlantic military alliance and the transatlantic relationship to ensure security in Europe and globally;
 Whereas the United States-Polish friendship precedes the birth of the United States, where Polish generals Taddeus Kosciuszko and Casimir Pulaski bravely fought for independence and freedom for both the United States and Poland;
 Whereas the democratic values of the United States and Poland go back to the 1700s; Whereas, on May 3, 1791, Poland adopted the first constitution in Europe based on the ideas of liberty and constitutional monarchy, which paved the way for future democratic reforms and equal rights for all;
 Whereas in October 1795, Poland was invaded and succumbed to the third partition between the Russian Empire, the Kingdom of Prussia, and the Habsburg Monarchy, and as a result lost its sovereignty for the next 123 years;
 Whereas Poles’ perseverant fight to regain independence culminated in the November Uprising of 1830 and the January Uprising of 1863, in which hundreds of Poles sacrificed their lives to help rebuild Poland’s sovereignty;
 Whereas Poland’s national identity was preserved through fostered education and economic empowerment of the masses, coined in the organic work ideology, that recognized modernization of the Polish society as a prerequisite for preservation of Polish nationhood;
 Whereas President Woodrow Wilson’s and Igancy Paderewski’s advocacy for the cause of Poland’s independence were critical for the recognition of Polish sovereignty after the end of the First World War;
 Whereas, on November 11, 1918, the Regency Council of Poland named Jozef Pilsudski the Commander in Chief of Poland and entrusted him to build a government for the newly reconstituted Poland, marking the formation of the Second Republic of Poland;
 Whereas heroic Polish resistance fighters and soldiers fought in World War II against tyranny on all fronts and at home only to find that liberation from the Nazis became domination by the Soviet Union;
 Whereas Poland’s solidarity movement headed by Lech Walesa led to the ultimate defeat of communism and the fall of the Soviet Empire, and paved the way for the blessings of liberty for millions of Europeans;
 Whereas Poland joined the community of democracies and availed itself of democratic principles by acceding to the NATO alliance in 1999 and the European Union in 2004; and
 Whereas up to 10 million Polish-Americans continue to make remarkable and valued contributions to the Nation, including serving in political leadership, fighting for liberty in the armed forces, building America’s future in factories, and leading in creative and economic innovation: Now, therefore, be it

 That the House of Representatives— (1)commemorates the 100th anniversary of Polish independence and values the opportunity to remember the historic events and brave individuals that brought about reconstitution of Poland’s sovereignty;
 (2)honors the courage and sacrifice of the people of Poland, who did not lose their determination to advance the cause of Polish independence during 123 years of partitions; and
 (3)reaffirms the close bonds between Poland and the United States based on the love of freedom, thirst for liberty, and shared commitment to rule of law, as well as a strong military cooperation to create a more secure and democratic world.