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I 113th CONGRESS 2d Session H. R. 5857 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Delaney introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Transportation and Infrastructure , 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 eliminate the incentive for corporations to continue to hold accumulated earnings offshore, to invest in domestic infrastructure, to provide for international tax reform, and for other purposes.
1. Short title; etc (a) Short title This Act may be cited as the Infrastructure and Global Tax Competitiveness Act of 2014 . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; etc. Title I—Deemed repatriation and investment in domestic infrastructure Sec. 101. Elimination of incentive for corporations to continue to hold accumulated earnings offshore. Sec. 102. American Infrastructure Fund. Sec. 103. Dedication of remaining revenues to highway trust fund. Sec. 104. Highway Trust Fund Solvency Commission. Title II—Deadline for international tax reform Sec. 201. 18-month deadline for international tax reform. Title III—Fallback international tax reform Sec. 300. General effective date of title. Subtitle A—Reform of taxation of income earned by controlled foreign corporations Part I—General provisions Sec. 301. Modifications to subpart F income. Part II—Foreign tax credit limitations Sec. 311. Reform of foreign tax credit limitation. Sec. 312. Denial of credit and deduction for foreign taxes with respect to excluded subpart F income. Part III—Expense disallowance Sec. 321. Disallowance of deduction for expenses allocable to exempt income of a controlled foreign corporation. Part IV—Other provisions relating to subpart F Subpart A—Previously deferred foreign income Sec. 331. Treatment of previously deferred foreign income. Subpart B—Other provisions Sec. 336. Elimination of 30-day requirement. Sec. 337. Modification of definition of United States shareholder. Subtitle B—Reform of foreign tax credit provisions Sec. 341. Repeal of section 902 indirect foreign tax credits; foreign tax credit related to subpart F income. Sec. 342. Repeal of rule suspending foreign taxes and credits until related income is taken into account. I Deemed repatriation and investment in domestic infrastructure 101. Elimination of incentive for corporations to continue to hold accumulated earnings offshore (a) In general Section 965 is amended to read as follows: 965. Elimination of incentive to hold accumulated earnings and profits offshore (a) Treatment of deferred foreign income as subpart F income In the case of the last taxable year of a deferred foreign income corporation which begins before January 1, 2015, the subpart F income of such foreign corporation (as otherwise determined for such taxable year under section 952) shall be increased by the accumulated post-1986 deferred foreign income of such corporation determined as of the close of such taxable year. (b) Reduction in amounts included in gross income of United States shareholders of specified foreign corporations with deficits in earnings and profits (1) In general In the case of a taxpayer which is a United States shareholder with respect to at least one deferred foreign income corporation and at least one E&P deficit foreign corporation, the amount which would (but for this subsection) be taken into account under section 951(a)(1) by reason of subsection (a) as such United States shareholder’s pro rata share of the subpart F income of each deferred foreign income corporation shall be reduced (but not below zero) by the amount of such United States shareholder’s aggregate foreign E&P deficit which is allocated under paragraph (2) to such deferred foreign income corporation. (2) Allocation of aggregate foreign E&P deficit The aggregate foreign E&P deficit of any United States shareholder shall be allocated among the deferred foreign income corporations of such United States shareholder in an amount which bears the same proportion to such aggregate as— (A) such United States shareholder’s pro rata share of the accumulated post-1986 deferred foreign income of each such deferred foreign income corporation, bears to (B) the aggregate of such United States shareholder’s pro rata share of the accumulated post-1986 deferred foreign income of all deferred foreign income corporations of such United States shareholder. (3) Definitions related to E&P deficits For purposes of this subsection— (A) Aggregate foreign E&P deficit The term aggregate foreign E&P deficit means, with respect to any United States shareholder, the aggregate of such shareholder’s pro rata shares of the specified E&P deficits of the E&P deficit foreign corporations of such shareholder. (B) E&P deficit foreign corporation The term E&P deficit foreign corporation means, with respect to any taxpayer, any specified foreign corporation with respect to which such taxpayer is a United States shareholder, if— (i) such specified foreign corporation has a deficit in post-1986 earnings and profits, and (ii) as of the date of the introduction of Infrastructure and Global Tax Competitiveness Act of 2014 — (I) such corporation was a specified foreign corporation, and (II) such taxpayer was a United States shareholder of such corporation. (C) Specified E&P deficit The term specified E&P deficit means, with respect to any E&P deficit foreign corporation, the amount of the deficit referred to in subparagraph (B). (c) Deduction for portion of included income In the case of a United States shareholder of a deferred foreign income corporation, there shall be allowed as a deduction for the taxable year in which an amount is included in the gross income of such United States shareholder under section 951(a)(1) by reason of this section an amount equal to 75 percent of the amount so included in gross income. (d) Deferred foreign income corporation; accumulated post-1986 deferred foreign income For purposes of this section— (1) Deferred foreign income corporation The term deferred foreign income corporation means, with respect to any United States shareholder, any specified foreign corporation of such United States shareholder which has accumulated post-1986 deferred foreign income (as of the close of the taxable year referred to in subsection (a)) greater than zero. (2) Accumulated post-1986 deferred foreign income The term accumulated post-1986 deferred foreign income means the post-1986 earnings and profits except to the extent such earnings— (A) are attributable to income of the specified foreign corporation which is effectively connected with the conduct of a trade or business within the United States and subject to tax under this chapter, (B) if distributed, would— (i) in the case of a controlled foreign corporation, be excluded from the gross income of a United States shareholder under section 959, or (ii) in the case of any passive foreign investment company (as defined in section 1297) other than a controlled foreign corporation, be treated as a distribution which is not a dividend, or (C) in the case of any passive foreign investment company (as so defined), is properly attributable to an unreversed inclusion of a United States person under section 1296. To the extent provided in regulations or other guidance prescribed by the Secretary, in the case of any controlled foreign corporation which has shareholders which are not United States shareholders, accumulated post-1986 deferred foreign income shall be appropriately reduced by amounts which would be described in subparagraph (B)(i) if such shareholders were United States shareholders. Such regulations or other guidance may provide a similar rule for purposes of subparagraph (B)(ii) and (C). (3) Post-1986 earnings and profits The term post-1986 earnings and profits means the earnings and profits of the foreign corporation (computed in accordance with sections 964(a) and 986) accumulated in taxable years beginning after December 31, 1986, and determined— (A) as of the close the taxable year referred to in subsection (a), and (B) without diminution by reason of dividends distributed during such taxable year. (e) Specified foreign corporation (1) In general For purposes of this section, the term specified foreign corporation means— (A) any controlled foreign corporation, and (B) any section 902 corporation (as defined in section 909(d)(5)). (2) Application to section 902 corporations For purposes of section 951, a section 902 corporation (as so defined) shall be treated as a controlled foreign corporation solely for purposes of taking into account the subpart F income of such corporation under subsection (a) (and for purposes of applying subsection (f)). (f) Determinations of pro rata share For purposes of this section, the determination of any United States shareholder’s pro rata share of any amount with respect to any specified foreign corporation shall be determined under rules similar to the rules of section 951(a)(2) by treating such amount in the same manner as subpart F income (and by treating such specified foreign corporation as a controlled foreign corporation). (g) Disallowance of foreign tax credit, etc (1) In general No credit shall be allowed under section 901 for the applicable percentage of any taxes paid or accrued (or treated as paid or accrued) with respect to any amount for which a deduction is allowed under this section. (2) Applicable percentage For purposes of this subsection, the term applicable percentage means the percentage specified in subsection (c). (3) Denial of deduction No deduction shall be allowed under this chapter for any tax for which credit is not allowable under section 901 by reason of paragraph (1) (determined by treating the taxpayer as having elected the benefits of subpart A of part III of subchapter N). (4) Coordination with section 78 Section 78 shall not apply to any tax for which credit is not allowable under section 901 by reason of paragraph (1). (h) Election To Pay Liability in Installments (1) In general In the case of a United States shareholder of a deferred foreign income corporation, such United States shareholder may elect to pay the net tax liability under this section in 8 installments of the following amounts: (A) 8 percent of the net tax liability in the case of each of the first 5 of such installments, (B) 15 percent of the net tax liability in the case of the 6th such installment, (C) 20 percent of the net tax liability in the case of the 7th such installment, and (D) 25 percent of the net tax liability in the case of the 8th such installment. (2) Date for payment of installments If an election is made under paragraph (1), the first installment shall be paid on the due date (determined without regard to any extension of time for filing the return) for the return of tax for the taxable year described in subsection (b) and each succeeding installment shall be paid on the due date (as so determined) for the return of tax for the taxable year following the taxable year with respect to which the preceding installment was made. (3) Acceleration of payment If there is an addition to tax for failure to pay timely assessed with respect to any installment required under this subsection, a liquidation or sale of substantially all the assets of the taxpayer (including in a title 11 or similar case), a cessation of business by the taxpayer, or any similar circumstance, then the unpaid portion of all remaining installments shall be due on the date of such event (or in the case of a title 11 or similar case, the day before the petition is filed). The preceding sentence shall not apply to the sale of substantially all the assets of a taxpayer to a buyer if such buyer enters into an agreement with the Secretary under which such buyer is liable for the remaining installments due under this subsection in the same manner as if such buyer were the taxpayer. (4) Proration of deficiency to installments If an election is made under paragraph (1) to pay the net tax liability under this section in installments and a deficiency has been assessed with respect to such net tax liability, the deficiency shall be prorated to the installments payable under paragraph (1). The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as a part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax. (5) Election Any election under paragraph (1) shall be made not later than the due date for the return of tax for the taxable year described in subsection (a) and shall be made in such manner as the Secretary may provide. (6) Net tax liability under this section For purposes of this subsection— (A) In general The net tax liability under this section with respect to any United States shareholder is the excess (if any) of— (i) such taxpayer’s net income tax for the taxable year described in subsection (a), over (ii) such taxpayer’s net income tax for such taxable year determined without regard to this section. (B) Net income tax The term net income tax means the regular tax liability reduced by the credits allowed under subparts A, B, and D of part IV of subchapter A. (i) Inclusion of Deferred Foreign Income Under This Section Not To Trigger Recapture of Overall Foreign Loss For purposes of section 904(f)(1), in the case of a United States shareholder of a deferred foreign income corporation, such United States shareholder’s taxable income from sources without the United States shall be determined without regard to this section. (j) Regulations The Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out the provisions of this section. . (b) Clerical amendment The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by striking the item relating to section 965 and inserting the following: Sec. 965. Elimination of incentive to hold accumulated earnings and profits offshore. . 102. American Infrastructure Fund (a) American Infrastructure Fund (1) In general There is established a wholly owned Government corporation— (A) which shall be called the American Infrastructure Fund (referred to in this Act as the AIF ); (B) which shall be headed by the Board of Trustees established under subsection (b); (C) which may have separate subaccounts or subsidiaries for funds used to make loans, bond guarantees, and equity investments under this section; (D) which shall be available to the AIF to pay for the costs of carrying out this section, including the compensation of the Board and other employees of the AIF; and (E) the funds of which may be invested by the Board in such manner as the Board determines appropriate. (2) Deposits to aif All funds received from bond issuances, loan payments, bond guarantee fees, and any other funds received in carrying out this section shall be held by AIF. (3) Limitations The charter of the AIF shall limit its activities to those activities described as the mission of the Board under subsection (b)(2). (4) Oversight The AIF shall register with the Securities and Exchange Commission and the Chairman shall report to Congress annually as to whether the AIF is fulfilling the mission of the Board under subsection (b)(2). (5) Treatment of aif (A) Accounts Title 31, United States Code, is amended in each of sections 9107(c)(3) and 9108(d)(2)— (i) by inserting the American Infrastructure Fund, after the Regional Banks for Cooperatives, ; and (ii) by striking those banks and inserting those entities . (B) Bonds Section 149(b)(3)(A)(i) is amended by inserting American Infrastructure Fund, after Federal Home Loan Mortgage Corporation, . (b) Board of trustees (1) In general There is established a Board of Trustees of the AIF (referred to in this subsection as the Board ), which shall be composed of 9 members who— (A) have substantial experience in bond guarantees or municipal credit; and (B) to the greatest extent practicable, have extensive experience working with municipal credit, risk management, and infrastructure finance. (2) Mission The mission of the Board is— (A) to operate the AIF and its subsidiaries to be a low cost provider of bond guarantees, loans, and equity investments to State and local governments and infrastructure providers for urban and rural infrastructure projects that— (i) provide a positive economic impact; and (ii) meet such other standards as the Board may develop; (B) to operate the AIF in a self-sustaining manner; (C) to not have a profit motive, but to seek at all times to pursue its mission of providing low cost bond guarantees and loans while— (i) covering its costs; (ii) maintaining such reserves as may be needed; and (iii) applying prudent underwriting standards; (D) to only consider projects put forth by State and local governments and not to seek projects directly; and (E) to engage in no other activities other than those permitted under this section. (3) Membership (A) Initial members (i) Appointment Not later than 150 days after the date of the enactment of this Act, the President shall appoint, with the advice and consent of the Senate, as members of the Board— (I) 2 individuals from a list of at least 5 individuals selected by the Speaker of the House of Representatives; (II) 2 individuals from a list of at least 5 individuals selected by the Minority Leader of the House of Representatives; (III) 2 individuals from a list of at least 5 individuals selected by the Majority Leader of the Senate; (IV) 2 individuals from a list of at least 5 individuals selected by the Minority Leader of the Senate; and (V) 1 individual selected at will by the President. (ii) Submission of lists Each of the lists described in clause (i) shall be submitted to the President not later than 90 days after the date of the enactment of this Act. If any of such lists are submitted after the date required under this clause, the President may appoint the 2 members of the Board who were to be selected from such list at will. (B) Staggered terms The members of the Board appointed pursuant to subparagraph (A)(i) shall serve staggered terms, with 2 each of the initial members of the Board serving for terms of 5, 6, 7, and 8 years, respectively, and the initial Chair selected under subparagraph (D) serving for 9 years. The decision of which Board members, other than the Chair, serve for which initial terms shall be made by the members of the Board drawing lots. (C) Additional members (i) In general Except as provided in subparagraph (A), if the term of a member of the Board expires or otherwise becomes vacant, the President shall appoint a replacement for such member, with the advice and consent of the Senate, from among a list of at least 5 individuals submitted by the Board. (ii) Term of service (I) In general Each member of the Board appointed to replace a member whose term is expiring shall serve for a 7-year term. (II) Vacancies Any member of the Board appointed to fill a vacancy occurring before the expiration of the term to which that member's predecessor was appointed shall be appointed only for the remainder of the term. (D) Chair The members of the Board shall choose 1 member to serve as the Chair of the Board for a term of 7 years, except that the initial Chair shall serve for a term of 9 years, pursuant to subsection (B). (E) Continuation of service Each member of the Board may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed. (F) Conflicts of interest No member of the Board may have a financial interest in, or be employed by, a Qualified Infrastructure Project ( QIP ) related to assistance provided under this section. Owning municipal credit of any State or local government or owning the securities of a diversified company that engages in infrastructure activities, provided those activities constitute less than 20 percent of the company’s revenues, or investing in broadly held investment funds shall not be deemed to create a conflict of interest. The Board may issue regulations to define terms used under this subparagraph. (4) Compensation The members of the Board shall be compensated at an amount to be set by the Board, but under no circumstances may such compensation be higher than the rate prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) Staff The Board shall employ and set compensation for such staff as the Board determines as is necessary to carry out the activities and mission of the AIF, and such staff may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53, United States Code, relating to classification and General Schedule pay rates. (6) Procedures The Board shall establish such procedures as are necessary to carry out this section. (7) Corporate governance standards (A) Board committees generally The Board shall maintain all of the committees required to be maintained by the board of directors of an issuer listed on the New York Stock Exchange as of the date of the enactment of this section. (B) Risk management committee The Board shall maintain a risk management committee, which shall— (i) employ additional staff who are certified by the Board as having significant and relevant experience in insurance underwriting and credit risk management; and (ii) establish the risk management policies used by the Board. (C) Standards The Board shall, to the extent practicable, follow all standards with respect to corporate governance that are required to be followed by the board of directors of an issuer listed on the New York Stock Exchange as of the date of the enactment of this section. (8) Biennial reports Not less frequently than once every 2 years, the Board shall produce a report that describes, of the materials, goods, and products that were used to construct, or to support the construction of, qualified infrastructure projects (as described in subsection (c)) and received financing from the American Infrastructure Fund within the most recent 2 calendar years, the percentage of such materials, goods, and products that were created, sourced, or manufactured in the United States. (c) Infrastructure investment (1) Entities eligible for assistance The AIF may provide assistance to State and local government entities, nonprofit infrastructure providers, private parties, and public-private partnerships (referred to in this section as eligible entities ) to help finance qualified infrastructure projects (referred to in this subsection as QIPs ). (2) Forms of assistance The AIF may— (A) provide bond guarantees to debt issued by eligible entities; (B) make loans, including subordinated loans, to eligible entities; and (C) make equity investments in QIPs. (3) Qualified infrastructure projects A project qualifies as a QIP under this section if— (A) the project is sponsored by a State or local government; (B) the infrastructure is, or will be, owned by a State or local government; (C) the project involves the construction, maintenance, improvement, or repair of a transportation, energy, water, communications, or educational facility; (D) the recipient of bond guarantees, loans, equity investments, or any other innovative financing technique authorized under this Act provides written assurances prescribed by the AIF that the project will be performed in compliance with the requirements of all Federal laws that would otherwise apply to similar projects to which the United States is a party; and (E) in the case of a public transportation capital project as defined in section 5302 of title 49, United States Code, the recipient of bond guarantees, loans, equity investments, or any other innovative financing technique authorized under this Act complies with the grant requirements of section 5309 of such title. (4) Application for assistance (A) In general A State or local government that wishes to receive a loan or bond guarantee under this section shall submit an application to the Board in such form and manner and containing such information as the Board may require. (B) Requirement for public sponsorship of private entities A private entity may only receive a bond guarantee, loan, or equity investment under this section if the State or local government for the jurisdiction in which the nonprofit infrastructure provider or private partner is located submits an application pursuant to subparagraph (A) on behalf of such nonprofit infrastructure provider or private partner. (5) Limitations on single state awards (A) Annual limitation The Board shall set an annual limit, as a percentage of total assistance provided under this section during a year, on the amount of assistance a single State (including local governments and other infrastructure providers within such State) may receive in assistance provided under this section. (B) Cumulative limitation The Board shall set a limit, as a percentage of total assistance provided under this section outstanding at any one time, on the amount of assistance a single State (including local governments and other infrastructure providers within such State) may receive in assistance provided under this section. (6) Loan specifications Loans made under this section shall have such maturity and carry such interest rate as the Board determines appropriate. (7) Bond guarantee The Board shall charge such fees for Bond guarantees made under this section as the Board determines appropriate. (8) Equity investments With respect to a QIP, the amount of an equity investment made by the AIF in such QIP may not exceed 20 percent of the total cost of the QIP. (9) Public-private partnership requirements At least 35 percent of the assistance provided under this section shall be provided to QIPs for which at least 10 percent of the financing for such QIPs comes from private debt or equity. (10) Prohibition on principal forgiveness With respect to a loan made under this section, the Board may not forgive any amount of principal on such loan. (d) Definitions For purposes of this section: (1) Infrastructure provider The term infrastructure provider means an entity that seeks to finance a QIP. (2) Secretary The term Secretary means the Secretary of the Treasury. (3) State The term State means each of the several States, the District of Columbia, any territory or possession of the United States, and each federally recognized Indian tribe. (e) Appropriation Out of money in the Treasury not otherwise appropriated, there is hereby appropriated $50,000,000,000 to the American Infrastructure Fund. Amounts appropriated under this subsection shall remain available without fiscal year limitation. 103. Dedication of remaining revenues to highway trust fund (a) In general Section 9503(f) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: (5) Appropriation of revenues attributable to section 965 (A) Initial appropriation Out of money in the Treasury not otherwise appropriated, there is hereby appropriated $100,000,000,000 to the Highway Trust Fund. (B) Remaining revenues (i) In general Out of money in the Treasury not otherwise appropriated, there are hereby appropriated to the Highway Trust Fund the excess of— (I) amounts equivalent to the aggregate net tax liabilities under section 965 (as defined in such section) received in the Treasury, over (II) $150,000,000,000. (ii) Additional transfers only after revenues equaling initial transfers have been received in the Treasury For purposes of applying section 9601 to clause (i), no transfer shall be made under clause (i) until the Secretary estimates that the amount described in clause (i)(I) has exceeded the amount described in clause (i)(II). . (b) Transfers to Mass Transit Account Section 9503(e)(2) of such Code is amended by striking the mass transit portion and inserting , 20 percent of the amounts appropriated to the Highway Trust Fund under subsection (f)(5), and the mass transit portion . 104. Highway Trust Fund Solvency Commission (a) Establishment There is established in the legislative branch a commission to be known as the Highway Trust Fund Solvency Commission (in this section referred to as the Commission ). (b) Duty of the Commission Not later than 1 year after the initial meeting of the Commission, the Commission shall transmit to Congress a written report that includes recommendations and proposed legislation for achieving long-term solvency of the Highway Trust Fund. (c) Members (1) Number and appointment The Commission shall be composed of 9 members. Of the members of the Commission— (A) 1 member shall be appointed by the President of the United States; (B) 1 member shall be appointed by the chairman of the Committee on Finance of the Senate; (C) 1 member shall be appointed by the ranking minority member of the Committee on Finance of the Senate; (D) 1 member shall be appointed by the chairman of the Committee on Ways and Means of the House of Representatives; (E) 1 member shall be appointed by the ranking minority member of the Committee on Ways and Means of the House of Representatives; (F) 1 member shall be appointed by the chairman of the Committee on Environment and Public Works of the Senate; (G) 1 member shall be appointed by the ranking minority member of the Committee on Environment and Public Works of the Senate; (H) 1 member shall be appointed by the chairman of the Committee on Transportation and Infrastructure of the House of Representatives; and (I) 1 member shall be appointed by the ranking minority member of the Committee on Transportation and Infrastructure of the House of Representatives. (2) Timing of appointments Each of the appointments made under paragraph (1) shall be made not later than 45 days after the date of the enactment of this Act. (3) Terms; vacancies Each member shall be appointed for the life of the Commission, and a vacancy in the Commission shall be filled in the manner in which the original appointment was made. (4) Compensation (A) In general Members of the Commission shall serve without pay. (B) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (d) Operation and powers of the Commission (1) Chair The chairperson of the Commission shall be elected by the members of the Commission. (2) Meetings The Commission shall meet not later than 30 days after the members of the Commission have been appointed, and at such times thereafter as the chairperson shall determine. (3) Rules of procedure The chairperson shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (4) Hearings The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (5) Obtaining official data The Commission may secure directly from any department or agency of the United States, including the Congressional Budget Office and the Government Accountability Office, any information or technical assistance necessary to enable it to carry out this section. Upon request of the chairperson of the Commission, the head of that department or agency shall furnish that information or technical assistance to the Commission. (6) Contract authority The Commission may contract with and compensate government and private agencies or persons for any purpose necessary to enable it to carry out this section. (7) Mails The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Personnel (1) Director The Commission shall have a Director who shall be appointed by the Commission. The Director shall be paid at a rate of pay equivalent to the annual rate of basic pay for a comparable position paid under the Executive Schedule, subject to the approval of the chairperson of the Commission. (2) Staff The Director may appoint and fix the pay of additional staff as the Director considers appropriate. (3) Experts and consultants The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay for a comparable position paid under the Executive Schedule. (4) Staff of Federal agencies Upon request of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (5) Administrative support services Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section. (f) Termination The Commission shall terminate not later than 60 days after the submission of the report described in subsection (b). (g) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section. II Deadline for international tax reform 201. 18-month deadline for international tax reform Notwithstanding any provision of title III, the provisions of, and amendments made by, title III shall not take effect if a bill which reforms the corporate international tax system by eliminating the incentive to hold earnings in low-tax foreign jurisdictions is enacted into law during the 18-month period which begins on the date of the enactment of this Act. III Fallback international tax reform 300. General effective date of title For purposes of this title, the term applicable date means the date which is 18 months after the date of the enactment of this Act. A Reform of taxation of income earned by controlled foreign corporations I General provisions 301. Modifications to subpart F income (a) In general Subpart F of part III of subchapter N of chapter 1 is amended by striking sections 952 through 956 and inserting the following: 952. Subpart F income defined (a) In general For purposes of this subpart, the term subpart F income means, with respect to any controlled foreign corporation, the sum of— (1) the inclusion percentage of the corporation's modified active income, plus (2) 100 percent of the corporation's modified nonactive income. (b) Modified active income (1) In general The term modified active income means, with respect to any controlled foreign corporation, the excess (if any) of— (A) the corporation's active foreign market income, over (B) the amount of the reduction under subsection (e) for deductions properly allocable to such income. (2) Reduction for certain losses (A) In general The modified active income determined under paragraph (1) for any taxable year shall be reduced (but not below zero)— (i) first by any active foreign market loss for any prior taxable year, and (ii) then by any qualified loss for such taxable year (or for any prior taxable year to the extent provided in subsection (c)(3)(B)). (B) Limitation An active foreign market loss or qualified loss for any prior taxable year shall only be taken into account under subparagraph (A)— (i) if the prior taxable year is a taxable year which begins on or after the applicable date (as defined in section 300 of the Infrastructure and Global Tax Competitiveness Act of 2014 ), and for which the controlled foreign corporation was a controlled foreign corporation, and (ii) to the extent such loss has not been previously taken into account under this subsection. (3) Active foreign market loss The term active foreign market loss means, with respect to any taxable year, the amount by which the amount determined under paragraph (1)(B) exceeds the amount determined under paragraph (1)(A). (c) Modified nonactive income (1) In general The term modified nonactive income means, with respect to any controlled foreign corporation, the excess (if any) of— (A) the corporation's gross income determined without regard to active foreign market income, over (B) the amount of the reduction under subsection (e) for deductions properly allocable to such gross income. (2) Reduction for qualified losses The amount determined under paragraph (1) for any taxable year shall be reduced (but not below zero) by any qualified loss for any prior taxable year beginning on or after the applicable date (as defined in section 300 of the Infrastructure and Global Tax Competitiveness Act of 2014 ), for which the controlled foreign corporation was a controlled foreign corporation, but only to the extent such loss has not been previously taken into account under subsection (b)(2) or this subsection. (3) Qualified loss For purposes of this section— (A) In general The term qualified loss means, with respect to any taxable year, the amount by which the amount determined under paragraph (1)(B) exceeds the amount determined under paragraph (1)(A). (B) Ordering rule for losses carried from prior taxable years In the case of any qualified losses carried to a taxable year from 1 or more prior taxable years, such losses shall be taken into account— (i) first under paragraph (2), and (ii) then under subsection (b)(2)(B) to the extent such losses exceed the amount determined under paragraph (1). (d) Inclusion percentage For purposes of this section— (1) In general The term inclusion percentage means 20 percent increased by the number of percentage points (if any) determined under paragraph (2). (2) Additional inclusion for earnings not subject to OECD average foreign tax The number of percentage points determined under this paragraph with respect to any controlled foreign corporation for any taxable year, is the number of percentage points (not less than zero nor more than 15) which bears the same ratio to 15 as— (A) the number of percentage points by which 25 percent exceeds the aggregate foreign rate of tax imposed on the modified active income of such controlled foreign corporation for such taxable year, bears to (B) 25. (e) Exclusion of United States income For purposes of this subpart, any item of income of the controlled foreign corporation which is effectively connected with the conduct by such corporation of a trade or business within the United States shall not be taken into account in computing the subpart F income of such corporation unless such item is exempt from taxation (or is subject to a reduced rate of tax) pursuant to a treaty obligation of the United States. For purposes of this subsection, any exemption (or reductions) with respect to the tax imposed by section 884 shall not be taken into account. (f) Deductions For purposes of subsections (b)(1)(B) and (c)(1)(B), the active foreign market income, and gross income other than active foreign market income, of a controlled foreign corporation shall each be reduced, under regulations prescribed by the Secretary, by any deductions (including taxes) of such corporation properly allocable to items of income taken into account in computing such income. 953. Active foreign market income (a) Active foreign market income defined For purposes of this subpart, the term active foreign market income means, with respect to any controlled foreign corporation, the aggregate of all items of income which are— (1) attributable to economically significant activities with respect to a qualified trade or business, and (2) derived in connection with— (A) property which is sold, exchanged, or otherwise disposed of for use, consumption, or disposition outside of the United States, or (B) services which are provided outside of the United States with respect to persons or property located outside of the United States. (b) Treatment of passive income (1) In general Except as otherwise provided in this subsection, the term active foreign market income shall not include the passive income (as defined in section 954) of a controlled foreign corporation. (2) Active foreign market income includes certain income The term active foreign market income shall include— (A) if the controlled foreign corporation or a qualified business unit of the corporation is an eligible controlled foreign corporation (as defined in section 954(c)), any item of income of the corporation or unit which is qualified banking or financing income (as so defined), (B) if the controlled foreign corporation or a qualified business unit of the corporation is a qualifying insurance company (as defined in section 954(d)) or a qualifying insurance company branch (as so defined), any item of income of the corporation or unit which is qualified insurance income (as so defined), (C) any item of income which is rents or royalties derived from the ownership and operation (including leasing) of real or personal property which is not treated as passive income under section 954(a)(2)(A), and (D) in the case of a regular dealer in property which is property described in section 954(a)(1)(B), forward contracts, option contracts, or similar financial instruments (including notional principal contracts and all instruments referenced to commodities), any item of income from any transaction (including hedging transactions and transactions involving physical settlement) entered into in the ordinary course of such dealer's trade or business as such a dealer. (3) Gain or loss from sales of stock in other CFCs If a controlled foreign corporation sells, exchanges, or otherwise disposes of stock in another controlled foreign corporation which is a related person to the selling corporation— (A) gain from such sale, exchange, or disposition shall be treated as active foreign market income to the extent that such gain would have been excluded from gross income under section 1203 if the selling corporation were a United States shareholder in the other controlled foreign corporation, and (B) loss from such sale, exchange, or disposition shall not be allowed to the extent such loss would have been disallowed under section 1213 if the selling corporation were a United States shareholder in the other controlled foreign corporation. (4) Gain or loss from sales of interests in 25-percent owned partnerships (A) In general (i) Portion treated as active foreign market income In the case of any sale or exchange by a controlled foreign corporation of an interest in a partnership with respect to which such corporation is a 25-percent owner, gain or loss on such sale shall be taken into account in determining active foreign market income in the amount which bears the same ratio to the amount of such gain or loss as the controlled foreign corporation's distributable share of the active foreign market income from the partnership over the applicable period bears to the controlled foreign corporation's distributable share of gross income from the partnership over such period. The Secretary shall prescribe such regulations as may be appropriate to prevent abuse of the purposes of this paragraph, including regulations providing for coordination of this paragraph with the provisions of subchapter K. (ii) Applicable period For purposes of this subparagraph, the term applicable period means, with respect to any interest in a partnership, the shorter of the 3-taxable year period immediately preceding the taxable year of the sale or exchange or the controlled foreign corporation's holding period in the interest. In no event shall the applicable period include any portion of any taxable year beginning before the applicable date (as defined in section 300 of the Infrastructure and Global Tax Competitiveness Act of 2014 ). (B) 25-Percent owner For purposes of this paragraph, the term 25-percent owner means a controlled foreign corporation which owns directly 25 percent or more of the capital or profits interest in a partnership. For purposes of the preceding sentence, if a controlled foreign corporation is a shareholder or partner of a corporation or a partnership, the controlled foreign corporation shall be treated as owning directly its proportionate share of any capital or profits interest in any partnership held directly or indirectly by such corporation or partnership. If a controlled foreign corporation is treated as owning a capital or profits interest in a partnership under constructive ownership rules similar to the rules of section 958(b), the controlled foreign corporation shall be treated as owning such interest directly for purposes of this subparagraph. (c) Treatment of insurance income (1) In general Except as otherwise provided in this subsection, the term active foreign market income shall not include the insurance income (as defined in section 955(a)) of a controlled foreign corporation. (2) Active foreign market income includes exempt insurance income The term active foreign market income shall include exempt insurance income (as defined in section 955(c)) shall be treated as active foreign market income. (d) Treatment of income from property used, consumed, or disposed of in the United States For purposes of subsection (a)(2)(A)— (1) In general The term active foreign market income shall not include income derived in connection with property which is sold, exchanged, or otherwise disposed of to any person if it was reasonable for the controlled foreign corporation (or a related person) to expect that— (A) such property would be used, consumed, or disposed of in the United States, or (B) such property would be used in the manufacture or production of, or as a component part in, other property which would be used, consumed, or disposed of in the United States. (2) Chain of related persons If— (A) property is ultimately used, consumed, or disposed of as described in subparagraph (A) or (B) of paragraph (1), and (B) all sales, exchanges, or dispositions of such property (or of the other property described in paragraph (1)(B)) before the sale for use, consumption, or disposition in the United States are between related persons, then, for purposes of paragraph (1), there shall be deemed to have been a reasonable expectation that the property (or the other property described in paragraph (1)(B)) would be used, consumed, or disposed of in the United States. (3) Exception for property subsequently exported Paragraphs (1) and (2) shall not apply with respect to property which, after entry into the United States is— (A) sold, leased, rented, or licensed by the controlled foreign corporation or a related person for direct use, consumption, or disposition outside the United States, or (B) used by the controlled foreign corporation or a related person as a component in other property which is so sold, leased, rented, or licensed. (4) Related person defined For purposes of this subsection, the term related person has the meaning given such term under section 954(b). (e) Economically significant activities For purposes of this section, the term economically significant activities means, with respect to any item of income, activities— (1) performed outside the United States, (2) performed by officers or employees of the controlled foreign corporation which are part of the management and operational functions of the corporation, and (3) which make a substantial contribution to the production of such item of income. (f) Qualified trade or business For purposes of this section— (1) In general The term qualified trade or business means any trade or business which consists of— (A) manufacturing, producing, growing, or extracting property outside of the United States, or (B) providing services outside of the United States. (2) Special rule for substantial contributions to manufacturing and services If a trade or business consists of making a substantial contribution through the activities of the officers and employees of the controlled foreign corporation to a qualified trade or business which is described in subparagraph (A) or (B) of paragraph (1) of another person, then the trade or business shall be treated as a qualified trade or business described in subparagraph (A) or (B) of paragraph (1), whichever is applicable. 954. Definition of passive income (a) Passive income (1) In general For purposes of this part, the term passive income means the portion of the gross income which consists of: (A) Dividends, etc Dividends, interest, royalties, rents, and annuities. (B) Certain property transactions The excess of gains over losses from the sale or exchange of property— (i) which gives rise to income described in subparagraph (A) (after application of paragraph (2)(A)) other than property which gives rise to income not treated as passive income by reason of subsection (c) or (d) for the taxable year, (ii) which is an interest in a trust, partnership, or REMIC, or (iii) which does not give rise to any income. Gains and losses from the sale or exchange of any property which, in the hands of the controlled foreign corporation, is property described in section 1221(a)(1) shall not be taken into account under this subparagraph. (C) Commodities transactions The excess of gains over losses from transactions (including futures, forward, and similar transactions) in any commodities. This subparagraph shall not apply to gains or losses which— (i) arise out of commodity hedging transactions (as defined in paragraph (5)(A)), (ii) are active business gains or losses from the sale of commodities, but only if substantially all of the controlled foreign corporation's commodities are property described in paragraph (1), (2), or (8) of section 1221(a), or (iii) are foreign currency gains or losses (as defined in section 988(b)) attributable to any section 988 transactions. (D) Foreign currency gains The excess of foreign currency gains over foreign currency losses (as defined in section 988(b)) attributable to any section 988 transactions. This subparagraph shall not apply in the case of any transaction, other than a borrowing, directly related to the business needs of the controlled foreign corporation. (E) Income equivalent to interest Any income equivalent to interest, including income from commitment fees (or similar amounts) for loans actually made. (F) Income from notional principal contracts (i) In general Net income from notional principal contracts. (ii) Coordination with other categories of passive income Any item of income, gain, deduction, or loss from a notional principal contract entered into for purposes of hedging any item described in any preceding subparagraph shall not be taken into account for purposes of this subparagraph but shall be taken into account under such other subparagraph. (G) Payments in lieu of dividends Payments in lieu of dividends which are made pursuant to an agreement to which section 1058 applies. (H) Personal service contracts (i) Amounts received under a contract under which the corporation is to furnish personal services if— (I) some person other than the corporation has the right to designate (by name or by description) the individual who is to perform the services, or (II) the individual who is to perform the services is designated (by name or by description) in the contract, and (ii) amounts received from the sale or other disposition of such a contract. This subparagraph shall apply with respect to amounts received for services under a particular contract only if at some time during the taxable year 25 percent or more in value of the outstanding stock of the corporation is owned, directly or indirectly, by or for the individual who has performed, is to perform, or may be designated (by name or by description) as the one to perform, such services. (2) Exception for certain amounts (A) Rents and royalties derived in active business Passive income shall not include rents and royalties which are derived in the active conduct of a trade or business and which are received from a person other than a related person. For purposes of the preceding sentence, rents derived from leasing an aircraft or vessel in foreign commerce shall not fail to be treated as derived in the active conduct of a trade or business if, as determined under regulations prescribed by the Secretary, the active leasing expenses are not less than 10 percent of the profit on the lease. (B) Exception for dealers Except as provided by regulations, in the case of a regular dealer in property which is property described in paragraph (1)(B), forward contracts, option contracts, or similar financial instruments (including notional principal contracts and all instruments referenced to commodities), there shall not be taken into account in computing passive income any item of income, gain, deduction, or loss from any transaction (including hedging transactions and transactions involving physical settlement) entered into in the ordinary course of such dealer's trade or business as such a dealer. (3) Look-thru rule for certain partnership sales (A) In general In the case of any sale or exchange by a controlled foreign corporation of an interest in a partnership with respect to which such corporation is a 25-percent owner, gain or loss on such sale shall be treated as being described in paragraph (1)(B)(ii) in the amount which bears the same ratio to the amount of such gain or loss as the controlled foreign corporation's distributable share of passive income from the partnership over the applicable period (as defined in section 953(b)(4)(A)(ii)) bears to the controlled foreign corporation's distributable share of gross income from the partnership over such period. The Secretary shall prescribe such regulations as may be appropriate to prevent abuse of the purposes of this paragraph, including regulations providing for the coordination of this paragraph with the provisions of subchapter K. (B) 25-Percent owner For purposes of this paragraph, the term 25-percent owner has the meaning given such term under section 953(b)(4)(B). (4) Definition and special rules relating to commodity transactions (A) Commodity hedging transactions For purposes of paragraph (1)(C)(i), the term commodity hedging transaction means any transaction with respect to a commodity if such transaction— (i) is a hedging transaction as defined in section 1221(b)(2), determined— (I) without regard to subparagraph (A)(ii) thereof, (II) by applying subparagraph (A)(i) thereof by substituting ordinary property or property described in section 1231(b) for ordinary property , and (III) by substituting controlled foreign corporation for taxpayer each place it appears, and (ii) is clearly identified as such in accordance with section 1221(a)(7). (B) Treatment of dealer activities under paragraph (1)(c) Commodities with respect to which gains and losses are not taken into account under paragraph (2)(B) in computing a controlled foreign corporation's passive income shall not be taken into account in applying the substantially all test under paragraph (1)(C)(ii) to such corporation. (C) Regulations The Secretary shall prescribe such regulations as are appropriate to carry out the purposes of paragraph (1)(C) in the case of transactions involving related persons. (b) Related person defined For purposes of this section, a person is a related person with respect to a controlled foreign corporation, if— (1) such person is an individual, corporation, partnership, trust, or estate which controls, or is controlled by, the controlled foreign corporation, or (2) such person is a corporation, partnership, trust, or estate which is controlled by the same person or persons which control the controlled foreign corporation. For purposes of the preceding sentence, control means, with respect to a corporation, the ownership, directly or indirectly, of stock possessing more than 50 percent of the total voting power of all classes of stock entitled to vote or of the total value of stock of such corporation. In the case of a partnership, trust, or estate, control means the ownership, directly or indirectly, of more than 50 percent (by value) of the beneficial interests in such partnership, trust, or estate. For purposes of this subsection, rules similar to the rules of section 958 shall apply. (c) Special rule for income derived in the active conduct of banking, financing, or similar businesses (1) In general For purposes of subsection (a)(1), passive income shall not include qualified banking or financing income of an eligible controlled foreign corporation. (2) Eligible controlled foreign corporation For purposes of this subsection, the term eligible controlled foreign corporation means any controlled foreign corporation if— (A) more than 80 percent of the gross income of the controlled foreign corporation is derived directly from the active and regular conduct of a lending, finance, or financial services business from transactions with customers which are located outside the United States and are not related persons, or (B) it is a regulated financial institution. (3) Qualified banking or financing income For purposes of this subsection— (A) In general The term qualified banking or financing income means income of an eligible controlled foreign corporation which— (i) is derived in the active conduct of a banking, financing, or similar business by such eligible controlled foreign corporation, (ii) is derived from one or more transactions— (I) with customers located in a country other than the United States, and (II) substantially all of the activities in connection with which are conducted directly by the corporation in its home country, and (iii) is treated as earned by such corporation in its home country for purposes of such country's tax laws. (B) Income derived from customers to include certain investment income For purposes of subparagraph (A), in the case of a regulated financial institution, income derived from customers includes income derived from— (i) reserves that are required to be held pursuant to banking regulations, (ii) deposits placed with the central bank (or equivalent thereof) in the corporation’s home country, and (iii) investments in debt instruments issued by the home country. (C) Substantial activity requirement for cross border income The term qualified banking or financing income shall not include income derived from 1 or more transactions with customers located in a country other than the home country of the eligible controlled foreign corporation unless such corporation conducts substantial activity with respect to a banking, financing, or similar business in its home country. (D) Direct conduct of activities For purposes of subparagraph (A)(ii)(II), an activity shall be treated as conducted directly by an eligible controlled foreign corporation in its home country if the activity is performed by employees of a related person and— (i) the related person is a resident subject to tax under the laws of the home country of the corporation to which subparagraph (A)(ii)(II) is being applied, (ii) the activity is performed in such home country, and (iii) the related person is compensated on an arm's-length basis for the performance of the activity by its employees and such compensation is treated as earned by such person in such home country for purposes of the home country's tax laws. (4) Lending, finance, or financial services business For purposes of this subsection, except as provided in regulations, the term lending, finance, or financial services business means the business of— (A) making loans, (B) purchasing, selling, discounting, or negotiating on a regular basis accounts receivable, notes, or installment obligations, (C) engaging in leasing (including entering into leases and purchasing, servicing, and disposing of leases and leased assets), (D) issuing letters of credit or providing guarantees, (E) providing charge and credit card services, (F) performing trust services, including as a fiduciary, agent, or custodian, other than trust services provided by a broker or dealer in stock, securities, or other financial instruments, (G) arranging interest rate or currency futures, forwards, options, or notional principal contracts for, or entering into such transactions with, customers, (H) providing traveler’s check and money order services for customers, (I) providing correspondent bank services for customers, (J) engaging in hedging activities directly related to an activity described in any other subparagraph of this paragraph, (K) underwriting issues of stock, debt, or other securities for customers, (L) providing financial, investment advisory, or investment management services, (M) purchasing or selling stock, debt instruments, interest rate or currency futures, or other securities or derivative financial products (including notional principal contracts) from or to customers and holding such stock, debt instruments, futures, or other securities or products as inventory for sale to customers, unless such stock, debt instruments, futures, or other securities or products are not held in a dealer capacity, (N) effecting transactions in securities for customers as a securities broker, or (O) rendering services or making facilities available in connection with activities described in subparagraphs (A) through (N) carried on by— (i) the corporation rendering services or making facilities available, or (ii) another corporation which is a member of the same affiliated group (as defined in section 1504, but determined without regard to section 1504(b)(3)). (5) Other definitions For purposes of this subsection— (A) Customer The term customer means, with respect to any controlled foreign corporation, any person which has a customer relationship with such corporation and which is acting in its capacity as such. (B) Home country Except as provided in regulations, the term home country means, with respect to any entity, the country with respect to which the entity is a resident for purposes of the country's income tax laws. (C) Located Except as provided in regulations, for purposes of paragraph (3)(A)— (i) if a customer is a natural person, the customer is considered to be located in the country in which the customer is physically located when entering into the transaction, and (ii) if a customer is not a natural person, the customer is considered to be located in the country from which the customer enters into the transaction. (D) Qualified business unit The term qualified business unit has the meaning given such term by section 989(a). (E) Regulated financial institution Except as provided in regulations, the term regulated financial institution means a controlled foreign corporation which— (i) is engaged in the active conduct of a banking business and is an institution licensed to do business as a bank in the United States (or is any other corporation not so licensed which is specified by the Secretary in regulations), or (ii) satisfies each of the following conditions: (I) The corporation is directly or indirectly wholly owned by a domestic corporation that is a bank (as defined in section 581) or a depository institution holding company (as defined in section 3(w)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(w)(1))). (II) The corporation is subject to bank regulatory supervision in a jurisdiction the central bank of which (or equivalent thereof) is a member of the Basel Committee on Banking Supervision. (III) The corporation is licensed and regulated in such jurisdiction as a bank. (6) Separate application to qualified business units (A) In general If a controlled foreign corporation has 1 or more qualified business units— (i) this subsection shall be applied separately to each such unit in the same manner as if it were a controlled foreign corporation, and (ii) if any such unit is treated as an eligible controlled foreign corporation after application of clause (i), the qualified banking or financing income of such unit shall be treated as qualified banking or financing income of the controlled foreign corporation of which such unit is a part. (B) Determinations made separately For purposes of the separate application of this subsection to a controlled foreign corporation and its qualified business units— (i) in the case of the controlled foreign corporation, only activities and items of income, deduction, gain, or loss and activities of such corporation not properly allocable or attributable to any qualified business unit of such corporation shall be taken into account, and (ii) in the case of a qualified business unit, only activities and items of income, deduction, gain, or loss and activities properly allocable or attributable to such unit shall be taken into account. (C) Home country For purposes of this subsection, except as provided in regulations, notwithstanding paragraph (5)(B), the home country with respect to any qualified business unit treated as a controlled foreign corporation under subparagraph (A) shall be the country in which such unit maintains its principal office. (7) Anti-abuse rules For purposes of applying this subsection— (A) there shall be disregarded any item of income, gain, loss, or deduction with respect to any transaction or series of transactions one of the principal purposes of which is qualifying income or gain for the exclusion under this section, including any transaction or series of transactions a principal purpose of which is the acceleration or deferral of any item in order to claim the benefits of such exclusion through the application of this subsection, (B) there shall be disregarded any item of income, gain, loss, or deduction of an entity which is not engaged in regular and continuous transactions with customers which are not related persons, (C) there shall be disregarded any item of income, gain, loss, or deduction with respect to any transaction or series of transactions utilizing, or doing business with— (i) one or more entities in order to satisfy any home country requirement under this subsection, or (ii) a special purpose entity or arrangement, including a securitization, financing, or similar entity or arrangement, if one of the principal purposes of such transaction or series of transactions is qualifying income or gain for the exclusion under this subsection, and (D) a related person, an officer, a director, or an employee with respect to any controlled foreign corporation which would otherwise be treated as a customer of such corporation with respect to any transaction shall not be so treated if a principal purpose of such transaction is to satisfy any requirement of this subsection. (8) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection and subsection (a)(1)(B)(i). (d) Special rule for income derived in the active conduct of insurance business (1) In general For purposes of subsection (a)(1), passive income shall not include qualified insurance income of a qualifying insurance company. (2) Qualified insurance income For purposes of this subsection, the term qualified insurance income means income of a qualifying insurance company which is— (A) received from a person other than a related person and derived from the investments made by a qualifying insurance company or a qualifying insurance company branch of its reserves allocable to exempt contracts or of 80 percent of its unearned premiums from exempt contracts (as both are determined in the manner prescribed under paragraph (4)), or (B) received from a person other than a related person and derived from investments made by a qualifying insurance company or a qualifying insurance company branch of an amount of its assets allocable to exempt contracts equal to— (i) in the case of property, casualty, or health insurance contracts, one-third of its premiums earned on such insurance contracts during the taxable year (as defined in section 832(b)(4)), and (ii) in the case of life insurance or annuity contracts, 10 percent of the reserves described in subparagraph (A) for such contracts. (3) Principles for determining qualified insurance income Except as provided by the Secretary, for purposes of subparagraphs (A) and (B) of paragraph (2)— (A) in the case of any contract which is a separate account-type contract (including any variable contract not meeting the requirements of section 817), income credited under such contract shall be allocable only to such contract, and (B) income not allocable under subparagraph (A) shall be allocated ratably among contracts not described in subparagraph (A). (4) Methods for determining unearned premiums and reserves For purposes of paragraph (2)(A)— (A) Property and casualty contracts The unearned premiums and reserves of a qualifying insurance company or a qualifying insurance company branch with respect to property, casualty, or health insurance contracts shall be determined using the same methods and interest rates which would be used if such company or branch were subject to tax under subchapter L, except that— (i) the interest rate determined for the functional currency of the company or branch, and which, except as provided by the Secretary, is calculated in the same manner as the Federal mid-term rate under section 1274(d), shall be substituted for the applicable Federal interest rate, and (ii) such company or branch shall use the appropriate foreign loss payment pattern. (B) Life insurance and annuity contracts (i) In general Except as provided in clause (ii), the amount of the reserve of a qualifying insurance company or qualifying insurance company branch for any life insurance or annuity contract shall be equal to the greater of— (I) the net surrender value of such contract (as defined in section 807(e)(1)(A)), or (II) the reserve determined under paragraph (5). (ii) Ruling request, etc The amount of the reserve under clause (i) shall be the foreign statement reserve for the contract (less any catastrophe, deficiency, equalization, or similar reserves), if, pursuant to a ruling request submitted by the taxpayer or as provided in published guidance, the Secretary determines that the factors taken into account in determining the foreign statement reserve provide an appropriate means of measuring income. (C) Limitation on reserves In no event shall the reserve determined under this paragraph for any contract as of any time exceed the amount which would be taken into account with respect to such contract as of such time in determining foreign statement reserves (less any catastrophe, deficiency, equalization, or similar reserves). (5) Amount of reserve The amount of the reserve determined under this paragraph with respect to any contract shall be determined in the same manner as it would be determined if the qualifying insurance company or qualifying insurance company branch were subject to tax under subchapter L, except that in applying such subchapter— (A) the interest rate determined for the functional currency of the company or branch, and which, except as provided by the Secretary, is calculated in the same manner as the Federal mid-term rate under section 1274(d), shall be substituted for the applicable Federal interest rate, (B) the highest assumed interest rate permitted to be used in determining foreign statement reserves shall be substituted for the prevailing State assumed interest rate, and (C) tables for mortality and morbidity which reasonably reflect the current mortality and morbidity risks in the company's or branch's home country shall be substituted for the mortality and morbidity tables otherwise used for such subchapter. The Secretary may provide that the interest rate and mortality and morbidity tables of a qualifying insurance company may be used for 1 or more of its qualifying insurance company branches when appropriate. (6) Definitions For purposes of this section, any term used in this subsection which is also used in section 955(c) shall have the meaning given such term under section 955(c). 955. Definition of insurance income (a) Insurance income (1) In general For purposes of section 953(c), the term insurance income means the gross income which— (A) is attributable to the issuing (or reinsuring) of an insurance or annuity contract, and (B) is of a kind that would be subject to tax under subchapter L of this chapter if such income were the income of a domestic insurance company. (2) Exception Such term shall not include any exempt insurance income (as defined in subsection (c)). (b) Special rules for determination of gross income and allocable deductions For purposes of determining gross income under subsection (a) and deductions allocable to insurance income under section 952(e), the following rules shall apply: (1) Certain deductions not allowed The following provisions of subchapter L shall not apply: (A) The small life insurance company deduction. (B) Section 805(a)(5) (relating to operations loss deduction). (C) Section 832(c)(5) (relating to certain capital losses). (2) Special rules for amounts included in income The items referred to in— (A) section 803(a)(1) (relating to gross amount of premiums and other considerations), (B) section 803(a)(2) (relating to net decrease in reserves), (C) section 805(a)(2) (relating to net increase in reserves), and (D) section 832(b)(4) (relating to premiums earned on insurance contracts), shall be taken into account only to the extent they are in respect of any reinsurance or the issuing of any insurance or annuity contract described in subsection (a)(1). (3) Treatment of reserves Reserves for any insurance or annuity contract shall be determined in the same manner as under section 954(d). (c) Exempt insurance income For purposes of this section— (1) Exempt insurance income defined (A) In general The term exempt insurance income means income derived by a qualifying insurance company which— (i) is attributable to the issuing (or reinsuring) of an exempt contract by such company or a qualifying insurance company branch of such company, and (ii) is treated as earned by such company or branch in its home country for purposes of such country's tax laws. (B) Exception for certain arrangements Such term shall not include income attributable to the issuing (or reinsuring) of an exempt contract as the result of any arrangement whereby another corporation receives a substantially equal amount of premiums or other consideration in respect of issuing (or reinsuring) a contract which is not an exempt contract. (C) Determinations made separately For purposes of this subsection and section 954(d), the exempt insurance income and exempt contracts of a qualifying insurance company or any qualifying insurance company branch of such company shall be determined separately for such company and each such branch by taking into account— (i) in the case of the qualifying insurance company, only items of income, deduction, gain, or loss, and activities of such company not properly allocable or attributable to any qualifying insurance company branch of such company, and (ii) in the case of a qualifying insurance company branch, only items of income, deduction, gain, or loss and activities properly allocable or attributable to such branch. (2) Exempt contract (A) In general The term exempt contract means an insurance or annuity contract issued or reinsured by a qualifying insurance company or qualifying insurance company branch in connection with property in, liability arising out of activity in, or the lives or health of residents of, a country other than the United States. (B) Minimum non-related income required No contract of a qualifying insurance company or of a qualifying insurance company branch shall be treated as an exempt contract unless such company or branch derives more than 30 percent of its net written premiums from exempt contracts (determined without regard to this subparagraph) with respect to which no policyholder, insured, annuitant, or beneficiary is a related person (as defined in section 954(b)). (C) Substantial activity requirements A contract issued by a qualifying insurance company or qualifying insurance company branch shall not be treated as an exempt contract unless such company or branch, as the case may be— (i) conducts substantial activity with respect to an insurance business in its home country, and (ii) performs in its home country substantially all of the activities necessary to give rise to the income generated by such contract. (3) Qualifying insurance company (A) In general The term qualifying insurance company means any controlled foreign corporation— (i) which— (I) is subject to regulation as an insurance (or reinsurance) company by its home country, and is licensed, authorized, or regulated by the applicable insurance regulatory body for its home country to sell insurance, reinsurance, or annuity contracts to persons other than related persons (within the meaning of section 954(b)) in such home country, and (II) is engaged in the insurance business and would be subject to tax under subchapter L if it were a domestic corporation, (ii) which derives more than 50 percent of its aggregate net written premiums from the issuance or reinsurance by such controlled foreign corporation and each of its qualifying insurance company branches of contracts with respect to which no policyholder, insured, annuitant, or beneficiary is a related person (as defined in section 954(b)), except that in the case of a branch, such premiums shall only be taken into account to the extent such premiums are treated as earned by such branch in its home country for purposes of such country’s tax laws, (iii) more than 50 percent of the gross receipts of which for the taxable year— (I) consist of premiums for insurance or reinsurance in connection with property, liability, or the lives or health of individuals, and (II) are treated as earned by such controlled foreign corporation in its home country for purposes of such country’s tax laws, and (iv) the applicable insurance liabilities of which constitute more than 35 percent of its total assets as reported on the company’s applicable financial statement for the year with which or in which the taxable year ends. (B) Applicable insurance liabilities For purposes of subparagraph (A)(iv), the term applicable insurance liabilities means— (i) loss and loss adjustment expenses, (ii) unearned premiums, and (iii) reserves (other than any catastrophe, deficiency, equalization, or similar reserves) for life and health insurance risks and life and health insurance claims with respect to contracts providing coverage for mortality or morbidity risks (not to exceed the amount of such reserve that is required to be reported to the home country insurance regulatory body). (C) Applicable financial statement For purposes of subparagraph (A)(iv), the term applicable financial statement means a statement for financial reporting purposes which— (i) is made on the basis of generally accepted accounting principles, (ii) is made on the basis of international financial reporting standards, but only if there is no statement that meets the requirement of clause (i), or (iii) except as otherwise provided by the Secretary in regulations, is the annual statement which is required to be filed with the home country insurance regulatory body, but only if there is no statement which meets the requirements of clause (i) or (ii). (D) Regulations The Secretary shall prescribe such regulations as necessary to carry out the purposes of this paragraph. (4) Qualifying insurance company branch The term qualifying insurance company branch means a qualified business unit (within the meaning of section 989(a)) of a controlled foreign corporation if— (A) such unit is licensed, authorized, or regulated by the applicable insurance regulatory body for its home country to sell insurance, reinsurance, or annuity contracts to persons other than related persons (within the meaning of section 954(b)) in such home country, and (B) such controlled foreign corporation is a qualifying insurance company, determined under paragraph (3) as if such unit were a qualifying insurance company branch. (5) Life insurance or annuity contract For purposes of this section and section 954, the determination of whether a contract issued by a controlled foreign corporation or a qualifying insurance company branch is a life insurance contract or an annuity contract shall be made without regard to sections 72(s), 101(f), 817(h), and 7702 if— (A) such contract is regulated as a life insurance or annuity contract by the corporation's or branch's home country, and (B) no policyholder, insured, annuitant, or beneficiary with respect to the contract is a United States person. (6) Home country For purposes of this subsection, except as provided in regulations— (A) Controlled foreign corporation The term home country means, with respect to a controlled foreign corporation, the country in which such corporation is created or organized. (B) Qualifying insurance company branch The term home country means, with respect to a qualifying insurance company branch, the country in which the principal office of such branch is located and in which such branch is licensed, authorized, or regulated by the applicable insurance regulatory body to sell insurance, reinsurance, or annuity contracts to persons other than related persons (as defined in section 954(b)) in such country. (7) Anti-abuse rules For purposes of applying this subsection and section 954(d)— (A) the rules of section 954(c)(7) (other than subparagraph (B) thereof) shall apply, (B) there shall be disregarded any item of income, gain, loss, or deduction of, or derived from, an entity which is not engaged in regular and continuous transactions with persons which are not related persons, (C) there shall be disregarded any change in the method of computing reserves a principal purpose of which is the acceleration or deferral of any item in order to claim the benefits of this subsection or section 954(d), (D) a contract of insurance or reinsurance shall not be treated as an exempt contract (and premiums from such contract shall not be taken into account for purposes of paragraph (2)(B) or (3)) if— (i) any policyholder, insured, annuitant, or beneficiary is a resident of the United States and such contract was marketed to such resident and was written to cover a risk outside the United States, or (ii) the contract covers risks located within and without the United States and the qualifying insurance company or qualifying insurance company branch does not maintain such contemporaneous records, and file such reports, with respect to such contract as the Secretary may require, (E) the Secretary may prescribe rules for the allocation of contracts (and income from contracts) among 2 or more qualifying insurance company branches of a qualifying insurance company in order to clearly reflect the income of such branches, and (F) premiums from a contract shall not be taken into account for purposes of paragraph (2)(B) or (3) if such contract reinsures a contract issued or reinsured by a related person (as defined in section 954(b)). (8) Coordination with section 956(a) (A) In general In determining insurance income for purposes of section 956(a), exempt insurance income shall not include income derived from exempt contracts which cover risks other than applicable home country risks. (B) Applicable home country risks For purposes of subparagraph (A), the term applicable home country risks means risks in connection with property in, liability arising out of activity in, or the lives or health of residents of, the home country of the qualifying insurance company or qualifying insurance company branch, as the case may be, issuing or reinsuring the contract covering the risks. (9) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection and section 954(d). (10) Cross reference For treatment of certain investment income derived by qualifying insurance companies, see section 954(d). 956. Special rule for certain captive insurance companies (a) Treatment as controlled foreign corporations and United States shareholders (1) In general For purposes only of taking into account related person insurance income— (A) the term United States shareholder means, with respect to any foreign corporation, a United States person (as defined in section 957(c)) who owns (within the meaning of section 958(a)) any stock of the foreign corporation, (B) the term controlled foreign corporation has the meaning given to such term by section 957(a) determined by substituting 25 percent or more for more than 50 percent , and (C) the pro rata share referred to in section 951(a)(1) shall be determined under paragraph (5) of this subsection. (2) Related person insurance income For purposes of this subsection, the term related person insurance income means any insurance income (within the meaning of section 955(a)) attributable to a policy of insurance or reinsurance with respect to which the person (directly or indirectly) insured is a United States shareholder in the foreign corporation or a related person to such a shareholder. (3) Exceptions (A) Corporations not held by insured Paragraph (1) shall not apply to any foreign corporation if at all times during the taxable year of such foreign corporation— (i) less than 20 percent of the total combined voting power of all classes of stock of such corporation entitled to vote, and (ii) less than 20 percent of the total value of such corporation, is owned (directly or indirectly under the principles of section 883(c)(4)) by persons who are (directly or indirectly) insured under any policy of insurance or reinsurance issued by such corporation or who are related persons to any such person. (B) De minimis exception Paragraph (1) shall not apply to any foreign corporation for a taxable year of such corporation if the related person insurance income (determined on a gross basis) of such corporation for such taxable year is less than 20 percent of its insurance income (as so determined) for such taxable year. (C) Election to treat income as effectively connected Paragraph (1) shall not apply to any foreign corporation for any taxable year if— (i) such corporation elects (at such time and in such manner as the Secretary may prescribe)— (I) to treat its related person insurance income for such taxable year as income effectively connected with the conduct of a trade or business in the United States, and (II) to waive all benefits (other than with respect to section 884) with respect to related person insurance income granted by the United States under any treaty between the United States and any foreign country, and (ii) such corporation meets such requirements as the Secretary shall prescribe to ensure that the tax imposed by this chapter on such income is paid. An election under this subparagraph made for any taxable year shall not be effective if the corporation (or any predecessor thereof) was a disqualified corporation for the taxable year for which the election was made or for any prior taxable year beginning after 1986. (D) Special rules for subparagraph (C) (i) Period during which election in effect (I) In general Except as provided in subclause (II), any election under subparagraph (C) shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary. (II) Termination If a foreign corporation which made an election under subparagraph (C) for any taxable year is a disqualified corporation for any subsequent taxable year, such election shall not apply to any taxable year beginning after such subsequent taxable year. (ii) Exemption from tax imposed by section 4371 The tax imposed by section 4371 shall not apply with respect to any related person insurance income treated as effectively connected with the conduct of a trade or business within the United States under subparagraph (C). (E) Disqualified corporation For purposes of this paragraph the term disqualified corporation means, with respect to any taxable year, any foreign corporation which is a controlled foreign corporation at any time during such taxable year (determined without regard to this subsection) but only if a United States shareholder (determined without regard to this subsection) owns (within the meaning of section 958(a)) stock in such corporation at some time during such taxable year. (4) Treatment of mutual insurance companies In the case of a mutual insurance company— (A) this subsection shall apply, (B) policyholders of such company shall be treated as shareholders, and (C) appropriate adjustments in the application of this subpart shall be made under regulations prescribed by the Secretary. (5) Determination of pro rata share (A) In general The pro rata share determined under this paragraph for any United States shareholder is the lesser of— (i) the amount which would be determined under paragraph (2) of section 951(a) if— (I) only related person insurance income were taken into account, (II) stock owned (within the meaning of section 958(a)) by United States shareholders on the last day of the taxable year were the only stock in the foreign corporation, and (III) only distributions received by United States shareholders were taken into account under subparagraph (B) of such paragraph (2), or (ii) the amount which would be determined under paragraph (2) of section 951(a) if the entire earnings and profits of the foreign corporation for the taxable year were subpart F income. (B) Coordination with other provisions The Secretary shall prescribe regulations providing for such modifications to the provisions of this subpart as may be necessary or appropriate by reason of subparagraph (A). (6) Related person For purposes of this subsection— (A) In general Except as provided in subparagraph (B), the term related person has the meaning given such term by section 954(b). (B) Treatment of certain liability insurance policies In the case of any policy of insurance covering liability arising from services performed as a director, officer, or employee of a corporation or as a partner or employee of a partnership, the person performing such services and the entity for which such services are performed shall be treated as related persons. (7) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including— (A) regulations preventing the avoidance of this subsection through cross insurance arrangements or otherwise, and (B) regulations which may provide that a person will not be treated as a United States shareholder under paragraph (1) with respect to any foreign corporation if neither such person (nor any related person to such person) is (directly or indirectly) insured under any policy of insurance or reinsurance issued by such foreign corporation. (b) Election by Foreign Insurance Company To Be Treated as Domestic Corporation (1) In general If— (A) a foreign corporation is a controlled foreign corporation (as defined in section 957(a) by substituting 25 percent or more for more than 50 percent and by using the definition of United States shareholder under subsection (a)(1)(B)), (B) such foreign corporation would qualify under part I or II of subchapter L for the taxable year if it were a domestic corporation, (C) such foreign corporation meets such requirements as the Secretary shall prescribe to ensure that the taxes imposed by this chapter on such foreign corporation are paid, and (D) such foreign corporation makes an election to have this paragraph apply and waives all benefits to such corporation granted by the United States under any treaty, for purposes of this title, such corporation shall be treated as a domestic corporation. (2) Period during which election is in effect (A) In general Except as provided in subparagraph (B), an election under paragraph (1) shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary. (B) Termination If a corporation which made an election under paragraph (1) for any taxable year fails to meet the requirements of subparagraphs (A), (B), and (C) of paragraph (1) for any subsequent taxable year, such election shall not apply to any taxable year beginning after such subsequent taxable year. (3) Effect of election (A) In general For purposes of section 367, any foreign corporation making an election under paragraph (1) shall be treated as transferring (as of the 1st day of the 1st taxable year to which such election applies) all of its assets to a domestic corporation in connection with an exchange to which section 354 applies. (B) Exception for pre-1988 earnings and profits (i) In general Earnings and profits of the foreign corporation accumulated in taxable years beginning before January 1, 1988, shall not be included in the gross income of the persons holding stock in such corporation by reason of subparagraph (A). (ii) Treatment of distributions For purposes of this title, any distribution made by a corporation to which an election under paragraph (1) applies out of earnings and profits accumulated in taxable years beginning before January 1, 1988, shall be treated as a distribution made by a foreign corporation. (iii) Certain rules to continue to apply to pre-1988 earnings Section 884 to the extent the foreign corporation reinvested 1987 earnings and profits in United States assets shall be applied without regard to paragraph (1), except that, in the case of a corporation to which an election under paragraph (1) applies, only earnings and profits accumulated in taxable years beginning before January 1, 1988, shall be taken into account. (4) Effect of termination For purposes of section 367, if— (A) an election is made by a corporation under paragraph (1) for any taxable year, and (B) such election ceases to apply for any subsequent taxable year, such corporation shall be treated as a domestic corporation transferring (as of the 1st day of such subsequent taxable year) all of its property to a foreign corporation in connection with an exchange to which section 354 applies. (5) Additional tax on corporation making election (A) In general If a corporation makes an election under paragraph (1), the amount of tax imposed by this chapter for the 1st taxable year to which such election applies shall be increased by the amount determined under subparagraph (B). (B) Amount of tax The amount of tax determined under this paragraph shall be equal to the lesser of— (i) 3/4 of 1 percent of the aggregate amount of capital and accumulated surplus of the corporation as of December 31, 1987, or (ii) $1,500,000. . (b) Treatment of certain excluded subpart F income as previously taxed income Section 959(g), as added by section 331, is amended to read as follows: (g) Special rules for nontaxed portion of certain income For purposes of this section— (1) In general A United States shareholder's pro rata share of the excludable portion of the controlled foreign corporation's subpart F income shall be treated as an amount which has been included in gross income under section 951(a). (2) Ordering rule Notwithstanding subsection (c), for purposes of subsections (a) and (b), section 316(a) shall be applied by applying paragraph (2) thereof and then paragraph (1) thereof— (A) first to the deductible portion (as defined in section 965(c)(3)) of the increase in subpart F income described in section 965(a)(1) included in the gross income of United States shareholders under section 951(a)(1) (after application of section 965(a)(2)(A)), (B) second to the excludable portion of the controlled foreign corporation's subpart F income, and (C) then to the amounts described in paragraphs (1), (2), or (3) of subsection (c) in accordance with the provisions of subsection (c). (3) Definitions For purposes of this subsection— (A) Deductible portion The term deductible portion has the meaning given such term by section 965(c)(3). (B) Excludable portion The term excludable portion means, with respect to the subpart F income of a controlled foreign corporation, so much of such controlled foreign corporation’s modified active income as is not taken into account in computing subpart F income under section 952(a)(1). . (c) Gains and losses from the sale of CFC stock (1) Gains (A) In general Part I of subchapter P of chapter 1 is amended by adding at the end the following new section: 1203. Gains from sales or exchanges of stock in controlled foreign corporations (a) In general In the case of a United States shareholder (as defined in section 951), there shall be excluded from gross income an amount equal to the applicable portion of the amount of any gain recognized from the sale or exchange of stock in a controlled foreign corporation. (b) Applicable portion For purposes of this section— (1) In general The term applicable portion means the amount which bears the same ratio to the gain recognized from such sale or exchange as— (A) the shareholder's pro rata share (determined under section 951(a)(2)) of the excludable portion of the aggregate subpart F income of the controlled foreign corporation for the applicable period, bears to (B) the sum of the amount determined under subparagraph (A) plus the shareholder's pro rata share (determined under section 951(a)(2)) of the aggregate subpart F income of the controlled foreign corporation for the applicable period. (2) Excludable portion For purposes of this section, the term excludable portion has the meaning given such term by section 959(g)(3)(B). (3) Applicable period The term applicable period means, with respect to any stock, the shorter of the 3-taxable year period immediately preceding the taxable year of the sale or exchange or the shareholder's holding period in the stock. In no event shall the applicable period include any portion of any taxable year beginning before the applicable date (as defined in section 300 of the Infrastructure and Global Tax Competitiveness Act of 2014 ). . (B) Clerical amendment The table of sections for part I of subchapter P of chapter 1 is amended by adding at the end the following new item: Sec. 1203. Gains from sales or exchanges of stock in controlled foreign corporations. . (2) Losses (A) In general Part II of subchapter P of chapter 1 is amended by adding at the end the following new section: 1213. Losses from sales or exchanges of stock in controlled foreign corporations (a) In general In the case of a United States shareholder (as defined in section 951), any loss from the sale or exchange of stock in a controlled foreign corporation shall be reduced (but not below zero) by an amount equal to the shareholder's aggregate pro rata share (determined under section 951(a)(2)) of the excludable portion of the subpart F income of the controlled foreign corporation during the shareholder's holding period in the stock. (b) Excludable portion For purposes of this section, the term excludable portion has the meaning given such term by section 959(g)(3)(B). . (B) Clerical amendment The table of sections for part I of subchapter P of chapter 1 is amended by adding at the end the following new item: Sec. 1213. Losses from sales or exchanges of stock in controlled foreign corporations. . (d) Repeal of ordinary income treatment for gains from the sale of stock in certain foreign corporations (1) In general Part IV of subchapter P of chapter 1 is amended by striking section 1248. (2) Conforming amendments (A) Section (a) is amended by striking paragraph (11). (B) Section 338(h) is amended— (i) in paragraph (6)(B)(ii), by striking or described in section 1248(e) , and (ii) in paragraph (16), by striking the second sentence. (C) Section 751 is amended— (i) in subsection (c), by striking stock in certain foreign corporations (as described in section 1248), , and (ii) by striking subsection (e) and redesignating subsection (f) as subsection (e). (D) Section 865(k) is amended to read as follows: (k) Cross reference For sourcing of income from certain foreign currency transactions, see section 988. . (E) Section 904(h)(7) is amended by striking or as a dividend under section 1248 . (F) Section 951(a)(2) is amended by striking the last sentence thereof. (G) Section 964 is amended by striking subsection (e). (H) Section 989(b) is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (e) Coordination with amounts included in gross income of United States shareholders (1) In general Paragraph (1) of section 951(a) is amended by striking such taxable year of the corporation ends— and all that follows through the end period and inserting: such taxable year of the corporation ends, the shareholder's pro rata share (determined under paragraph (2)) of the corporation's subpart F income for such taxable year. . (2) Conforming amendments (A) Section 951(a) is amended— (i) by striking paragraph (1)(A)(i) in paragraph (2) and inserting paragraph (1) , and (ii) by striking paragraph (3). (B) Subparagraph (A) of section 512(b)(17) is amended by striking 951(a)(1)(A) and inserting 951(a)(1) . (C) Section 851(b) is amended by striking 951(a)(1)(A)(i) in the first sentence following paragraph (3) and inserting 951(a)(1) . (D) Section 959(a) is amended— (i) by striking shall not, when and all that follows through such shareholder and inserting shall not, when actually distributed to such shareholder , and (ii) by striking and the rules of subsection (f) shall apply for purposes of paragraph (2) of this subsection . (E) Section 959(c) is amended by adding at the end the following: References in this subsection and subsection (f) to section 951(a)(1)(B) shall be treated as references to such provisions as in effect on the day before the enactment of the Infrastructure and Global Tax Competitiveness Act of 2014 . . (F) Section 959(e) is amended by striking 951(a)(1)(A) and inserting 951(a)(1) . (G) Section 989(b)(3) is amended by striking 951(a)(1)(A) and inserting 951(a)(1) . (H) Section 1298(b) is amended by striking paragraph (8). (f) Application of anti-Loss importation rules Section 362(e)(1)(B) is amended by adding at the end the following new sentence: For purposes of clause (i), except as provided under regulations, a controlled foreign corporation shall be considered to be subject to tax under this subtitle. . (g) Other conforming amendments (1) Sections 163(e)(3)(B)(i) and 267(a)(3)(B)(i) are each amended by striking and qualified deficits under section 952(c)(1)(B) and inserting and loss carryforwards under sections 952(d) and 953(b) . (2) Section 304(b)(5)(B)(ii) is amended by striking 953(c) and inserting 956(a) . (3) Section 355(g)(2)(B)(ii)(I) is amended by striking section 954(h)(4) and inserting section 954(c)(4) . (4) Section 512(b)(17) is amended by striking 953 and inserting section 955 . (5) Section 864(d)(8) is amended by striking or section 956(b)(3) . (6) Section 864(d)(5)(A) is amended— (A) by striking clause (iii) and redesignating clause (iv) as clause (iii), and (B) by striking 954(c)(3)(A) in clause (iii) (as redesignated by subparagraph (A)) and inserting 954(a)(3)(A) . (7) Section 864(d)(7)(B) is amended by striking foreign base company income (as defined in section 954(a), determined without regard to section 954(b)(3)(A)) and inserting passive income (as defined in section 954(a)) . (8) Section 881(c)(5)(A)(iii) is amended by striking 954(c)(3)(A) and inserting 954(a)(3)(A) . (9) Section 884(d)(2)(D) is amended by striking 953(c)(3)(C) and inserting 956(a)(3)(C) . (10) Section 898(b)(3) is amended— (A) by striking 953(c)(2) and inserting 956(a)(2) , and (B) by striking 953(c)(1) and inserting 956(a)(1) . (11) Section 936(h)(5) is amended— (A) by inserting (as in effect on the day before the enactment of the Infrastructure and Global Tax Competitiveness Act of 2014 ) after section 954 in the last sentence of subparagraph (B)(ii), and (B) in subparagraph (F)(iv)(II)— (i) by inserting (as in effect on the day before the enactment of the Infrastructure and Global Tax Competitiveness Act of 2014 ) after section 954 , and (ii) by inserting (as so in effect) after section 954(a) . (12) Section 957(b) is amended— (A) by striking income described in section 953(a) and inserting income described in section 955(a) , and (B) by striking contracts described in section 953(a)(1) and inserting contracts described in section 955(a)(1) . (13) Section 958(b) is amended— (A) by striking 956(c)(2), before and 957 , (B) by striking to treat the stock of a domestic corporation as owned by a United States shareholder of the controlled foreign corporation for purposes of section 956(c)(2), , and (C) by striking the last sentence. (14) Section 964(b) is amended by striking sections 952, 955, and 956 and inserting section 952 . (15) Section 964(e)(2) is amended by striking 954(c)(3)(A) and inserting 954(a)(3)(A) . (16) (A) Part III of subchapter N of chapter 1 is amended by striking subpart G. (B) Section 865(e)(2)(A) is amended by striking the last sentence. (C) The table of subparts for part III of subchapter N of chapter 1 is amended by striking the item relating to subpart G. (17) Section 999(c) is amended— (A) by striking , 952(a)(3) in paragraph (1), and (B) by striking , the addition to subpart F income under section 952(a)(3), in paragraph (2). (18) Section 1296(f)(2) is amended— (A) by striking foreign personal holding company income described in section 954(c)(1)(A) in subparagraph (A) and inserting passive income (as defined in section 954(a)) , and (B) by striking foreign personal holding company income so described and inserting such passive income . (19) Section 1297(b) is amended to read as follows: (b) Passive income (1) In general Except as provided in paragraph (2), the term passive income means any income received or accrued by any foreign corporation which is of a kind which would be passive income as defined in section 954 if the foreign corporation were a controlled foreign corporation. (2) Exception Except as provided in regulations, the term passive income does not include any income which is interest, a dividend, or a rent or royalty, which is received or accrued from a related person (within the meaning of section 954(b)) to the extent that such amount is properly allocable (under regulations prescribed by the Secretary) to income of such related person which is not passive income. . (20) Section 2057(e)(2)(D)(ii) is amended by striking section 954(c)(1) and inserting section 954(a)(1) . (21) The following sections are amended by striking 954(d)(3) each place it appears and inserting 954(b) : (A) Section 861(c)(2)(B). (B) Section 958(b). (C) Section 988(a)(3)(C). (D) Subsections (d)(3)(A) and (e)(2)(B)(i) of section 1298. (E) Section 1471(e)(2). (F) Section 3121(z)(2). (22) The table of sections for subpart F of part III of subchapter 1 is amended by striking the items relating to sections 952 through 956 and inserting the following: Sec. 952. Subpart F income defined. Sec. 953. Active foreign market income. Sec. 954. Definition of passive income. Sec. 955. Definition of insurance income. Sec. 956. Special rule for certain captive insurance companies. . (h) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years of foreign corporations beginning on or after the applicable date, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. (2) Gains and losses from the sale of CFC stock; Repeal of section 1248 The amendments made by subsections (c) and (d) shall apply to sales or exchanges on or after the applicable date. II Foreign tax credit limitations 311. Reform of foreign tax credit limitation (a) In general Subsection (d) of section 904 is amended to read as follows: (d) Separate application of section with respect to certain categories of income (1) In general The provisions of subsections (a), (b), and (c) and section 907 and 960 shall be applied separately with respect to— (A) amounts included under section 951(a) which are attributable to active foreign market income (as defined in section 953), (B) passive category income, and (C) income other than income described in either of the preceding subparagraphs. (2) Definitions and special rules (A) Passive category income (i) In general The term passive category income means— (I) United States taxpayer passive income described in subparagraph (B), and (II) income which is included in gross income of the taxpayer under section 951(a)(1) to the extent such income is attributable to passive income (as defined in section 954(a)). (ii) Exception for high-taxed income Passive category income shall not include any high-taxed income. (iii) Clarification of application of section 864(d)(6) In determining whether any income is passive category income, the rules of section 864(d)(6) shall apply only in the case of income of a controlled foreign corporation. (B) United States taxpayer passive income United States taxpayer passive income described in this subparagraph is income received or accrued by the taxpayer which is of a kind that would be passive income as defined under section 954(a) if such taxpayer were a controlled foreign corporation. (C) Treatment of financial services income and companies (i) In general Financial services income which is not active foreign market category income shall be treated as income described in paragraph (1)(C) in the case of— (I) a member of a financial services group, and (II) any other person if such person is predominantly engaged in the active conduct of a banking, insurance, financing, or similar business. (ii) Financial services group The term financial services group means any affiliated group (as defined in section 1504(a) without regard to paragraphs (2) and (3) of section 1504(b)) which is predominantly engaged in the active conduct of a banking, insurance, financing, or similar business. In determining whether such a group is so engaged, there shall be taken into account only the income of members of the group that are— (I) United States corporations, or (II) controlled foreign corporations in which such United States corporations own, directly or indirectly, at least 80 percent of the total voting power and value of the stock. (iii) Pass-thru entities The Secretary shall by regulation specify for purposes of this subparagraph the treatment of financial services income received or accrued by partnerships and by other pass-thru entities which are not members of a financial services group. (D) Financial services income (i) In general Except as otherwise provided in this subparagraph, the term financial services income means any income which is received or accrued by any person predominantly engaged in the active conduct of a banking, insurance, financing, or similar business, and which is— (I) described in clause (ii), or (II) United States taxpayer passive income (determined without regard to subparagraph (A)(ii)). (ii) General description of financial services income Income is described in this clause if such income is— (I) derived in the active conduct of a banking, financing, or similar business, (II) derived from the investment by an insurance company of its unearned premiums or reserves ordinary and necessary for the proper conduct of its insurance business, or (III) of a kind which would be insurance income as defined in section 955(a). (E) High-taxed income The term high-taxed income means any income which (but for this subparagraph) would be passive category income if the sum of— (i) the foreign income taxes paid or accrued by the taxpayer with respect to such income, and (ii) the foreign income taxes deemed paid by the taxpayer with respect to such income under section 960, exceeds the highest rate of tax specified in section 1 or 11 (whichever applies) multiplied by the amount of such income (determined with regard to section 78). For purposes of the preceding sentence, the term foreign income taxes means any income, war profits, or excess profits tax imposed by any foreign country or possession of the United States. (F) Treatment of income tax base differences (i) In general In the case of taxable years beginning after December 31, 2006, tax imposed under the law of a foreign country or possession of the United States on an amount which does not constitute income under United States tax principles shall be treated as imposed on income described in paragraph (1)(C). (ii) Special rules for years after 2006 and before the applicable date In the case of taxable years beginning after December 31, 2006, and on or before the applicable date (as defined in section 300 of the Infrastructure and Global Tax Competitiveness Act of 2014 ), tax imposed under the law of a foreign country or possession of the United States on an amount which does not constitute income under United States tax principles shall be treated as imposed on income described in paragraph (1)(B) (as in effect for taxable years beginning the day before such applicable date). (iii) Special rule for years before 2007 (I) In general In the case of taxes paid or accrued in taxable years beginning after December 31, 2004, and before January 1, 2007, a taxpayer may elect to treat tax imposed under the law of a foreign country or possession of the United States on an amount which does not constitute income under United States tax principles as tax imposed on income described in subparagraph (C) or (I) of paragraph (1) (as in effect for taxable years beginning in 2006). (II) Revocation Any such election shall apply to the taxable year for which made and all subsequent taxable years described in subclause (I) unless revoked with the consent of the Secretary. (G) Transition rules for certain carryforwards and carrybacks For purposes of paragraph (1)— (i) in the case of any taxes carried from any taxable year beginning before the applicable date (as defined in section 300 of the Infrastructure and Global Tax Competitiveness Act of 2014 ), to any taxable year beginning on or after such date— (I) if such taxes were treated as attributable to income described in paragraph (1)(A) (as in effect for taxable years beginning the day before such applicable date), such taxes shall be treated as attributable to income described in paragraph (1)(B), and (II) if such taxes were treated as attributable to income described in paragraph (1)(B) (as in effect for taxable years beginning the day before such applicable date), such taxes shall be treated as attributable to income described in paragraph (1)(C), and (ii) the Secretary may by regulations provide for the allocation of any carryback of taxes with respect to income from a taxable year beginning on or after such applicable date, to a taxable year beginning before such date for purposes of allocating such income among the separate categories in effect for the taxable year to which carried. (3) Controlled foreign corporation; United States shareholder For purposes of this subsection— (A) Controlled foreign corporation The term controlled foreign corporation has the meaning given such term by section 957 (taking into account section 956(a)). (B) United States shareholder The term United States shareholder has the meaning given such term by section 951(b) (taking into account section 956(a)). (4) Separate application to items resourced under treaties (A) In general If— (i) without regard to any treaty obligation of the United States, any item of income would be treated as derived from sources within the United States, (ii) under a treaty obligation of the United States, such item would be treated as arising from sources outside the United States, and (iii) the taxpayer chooses the benefits of such treaty obligation, subsections (a), (b), and (c) of this section and sections 907 and 960 shall be applied separately with respect to each such item. (B) Coordination with other provisions This paragraph shall not apply to any item of income to which subsection (h)(10) or section 865(h) applies. (C) Regulations The Secretary may issue such regulations as may be necessary or appropriate to carry out the purposes of this paragraph, including regulations which provide that related items of income may be aggregated for purposes of this paragraph. (5) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate for the purposes of this subsection, including preventing the manipulation of the character of income the effect of which is to avoid the purposes of this subsection. . (b) Application of per country limitation Section 904 is amended by inserting after subsection (d) the following new subsection: (e) Limitations applied on a per country basis The provisions of subsections (a), (b), (c), and (d) and sections 907 and 960 shall be applied separately with respect to each foreign country or possession with respect to which taxes described in section 901(b) are paid or accrued. . (c) Effective date The amendment made by this section shall apply to taxable years beginning on or after the applicable date. 312. Denial of credit and deduction for foreign taxes with respect to excluded subpart F income (a) In general Section 901 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following: (n) Denial of foreign tax credit and deduction with respect to excluded subpart F income (1) In general Notwithstanding section 960(b), no credit shall be allowed under subsection (a) for any income, war profits, or excess profits taxes paid or accrued (or deemed paid or accrued under section 960) with respect to the excludable portion of subpart F income or any distribution received by a United States shareholder (as defined in section 951(b)) which is properly attributable to such excludable portion. No deduction shall be allowed to a taxpayer under this chapter for any tax for which a credit is not allowable by reason of the preceding sentence. (2) Excludable portion The term excludable portion has the meaning given such term by section 959(g)(3)(B). (3) Coordination with section 78 Section 78 shall not apply to any tax which is not allowable as a credit under this section by reason of this subsection. . (b) Effective date The amendments made by this section shall apply to taxable years of foreign corporations beginning on or after the applicable date, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. III Expense disallowance 321. Disallowance of deduction for expenses allocable to exempt income of a controlled foreign corporation (a) In general Part IX of subchapter B of chapter 1 is amended by adding at the end the following: 265A. Expenses allocable to exempt income of a controlled foreign corporation (a) In general In the case of a United States shareholder of a controlled foreign corporation for any taxable year, no deduction shall be allowed under this chapter for— (1) the disallowed portion of any allocable CFC interest, or (2) expenses directly allocable to the excludable portion of subpart F income (as defined in section 959(g)(3)(B)). (b) Disallowed portion For purposes of this section— (1) In general The term disallowed portion means, with respect to any allocable CFC interest in connection with a controlled foreign corporation, the exclusion percentage of the amount which bears the same ratio to the amount of such interest as— (A) the corporation's modified active income (as defined in section 952) for the applicable taxable year, bears to (B) the corporation's current earnings and profits. (2) Current earnings and profits For purposes of this subsection— (A) In general The term current earnings and profits means the earnings and profits of the controlled foreign corporation for the applicable taxable year, without diminution by reason of distributions made during the taxable year. (B) Special rule for determining earnings and profits Earnings and profits of any controlled foreign corporation shall be determined without regard to paragraphs (4), (5), and (6) of section 312(n). Under regulations, the preceding sentence shall not apply to the extent it would increase earnings and profits by an amount which was previously distributed by the controlled foreign corporation. (3) Exclusion percentage The term exclusion percentage means, with respect to any controlled foreign corporation for any taxable year, the number of percentage points by which 100 percent exceeds the inclusion percentage determined under section 952(d) with respect to such controlled foreign corporation for such taxable year. (c) Definitions and special rules For purposes of this section— (1) Allocable CFC interest The term allocable CFC interest means any interest expense paid or accrued during the taxable year by a United States shareholder of a controlled foreign corporation which under section 861, and subsection (e) or (f) of section 864 (whichever is applicable), is apportioned to income of the controlled foreign corporation. (2) Applicable taxable year The term applicable taxable year means, with respect to any controlled foreign corporation, the taxable year of such corporation which ends with or within the taxable year of the United States shareholder described in subsection (a). (3) United States shareholder; controlled foreign corporation The term United States shareholder has the meaning given such term by section 951(b) and the term controlled foreign corporation shall have the meaning given such term by section 957(a). (4) Special rule for members of an affiliated group If a United States shareholder to which subsection (a) applies is a domestic corporation which is a member of a group all members of which are treated as a single corporation under subsection (e) or (f) of section 864, whichever is applicable, all domestic corporations which are members of such group shall be treated as a single corporation for purposes of this section. (5) Special rules (A) Coordination with other provisions Except as provided in regulations, this section shall be applied before any other provision of this chapter limiting the deductibility of any allocable CFC interest. (B) Separate application to income in separate baskets This section shall be applied separately with respect to the categories of income under section 904(d)(1). (d) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section, including regulations providing— (1) for the sharing of information between shareholders if necessary to carry out the provisions of this section, (2) for directly associating interest or other expenses disallowed under this section with income of a controlled foreign corporation and for coordinating this section with other provisions of this chapter limiting the deductibility of interest or other expenses, and (3) for the proper application of this section with respect to the taxpayer’s share of net operating losses of a controlled foreign corporation. . (b) Conforming amendment The table of sections for part IX of subchapter B of chapter 1 is amended by inserting after the item relating to section 265 the following: Sec. 265A. Expense allocable to exempt income of a controlled foreign corporation. . (c) Effective date The amendments made by this section shall apply to taxable years of foreign corporations beginning on or after the applicable date, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. IV Other provisions relating to subpart F A Previously deferred foreign income 331. Treatment of previously deferred foreign income (a) In general Subpart F of part III of subchapter N of chapter 1 is amended by adding at the end the following new section: 966. Inclusion of previously deferred foreign income (a) Inclusion as subpart F income (1) In general Subject to the provisions of paragraph (2), the subpart F income (determined under section 952 without regard to this section) of a controlled foreign corporation for its last taxable year beginning before the applicable date (as defined in section 300 of the Infrastructure and Global Tax Competitiveness Act of 2014 ), shall be increased by the accumulated deferred foreign income of the corporation. (2) Inclusion only to apply to domestic corporations In the case of any increase in subpart F income of a controlled foreign corporation by reason of paragraph (1)— (A) notwithstanding section 951(a)(1), the inclusion in gross income under such section of a United States shareholder's pro rata portion (as determined under section 951(a)(2)) of such increased subpart F income shall only apply if the United States shareholder is a domestic corporation, and (B) there shall be allowed as a deduction for the taxable year of such United States shareholder in which such increased subpart F income is included in such shareholder's gross income under section 951(a)(1) an amount equal to the applicable percentage of the amount of the income so included. (b) Accumulated deferred foreign income For purposes of this section— (1) In general The term accumulated deferred foreign income means the excess of— (A) the undistributed earnings of the controlled foreign corporation, over (B) the undistributed U.S. earnings of such controlled foreign corporation. (2) Undistributed earnings (A) In general The term undistributed earnings means the earnings and profits of the controlled foreign corporation described in section 959(c)(3), determined— (i) as of the close of the taxable year described in subsection (a)(1), (ii) without diminution by reason of distributions made during such taxable year, and (iii) without regard to this section. (B) Special rule for current year distributions For purposes of this chapter, any determination with respect to the treatment of distributions described in subparagraph (A)(ii) shall be made after the application of this section to the earnings and profits described in subparagraph (A). (3) Undistributed U.S. earnings The term undistributed U.S. earnings has the meaning given the term post-1986 undistributed U.S. earnings in section 245(a)(5) (as in effect for taxable years beginning the day before the applicable date (as defined in section 300 of the Infrastructure and Global Tax Competitiveness Act of 2014 )), determined— (A) without regard to post-1986 each place it appears in the matter before subparagraph (A), and (B) without regard to the last sentence thereof. (c) Disallowance of foreign tax credit, etc (1) In general No credit shall be allowed under section 901 to a United States shareholder of a controlled foreign corporation for any taxes paid or accrued (or treated as paid or accrued) with respect to the deductible portion of— (A) the increased subpart F income of the corporation included in the gross income of the shareholder under subsection (a)(2)(A), or (B) any distribution received by the shareholder which is properly attributable to such increased subpart F income. (2) Denial of deduction No deduction shall be allowed under this chapter to a United States shareholder of a controlled foreign corporation for any tax for which a credit is not allowable under section 901 by reason of paragraph (1). (3) Deductible portion For purposes of this subsection, the term deductible portion means, with respect to the increased subpart F income of the corporation included in the gross income of the shareholder under subsection (a)(2)(A), the applicable percentage of such income with respect to which a deduction is allowable under subsection (a)(2)(B). (4) Coordination with section 78 Section 78 shall not apply to the portion of any tax for which credit is not allowable under section 901 by reason of paragraph (1). (d) Applicable percentage For purposes of this section, the term applicable percentage means the percentage which is equal to the ratio of— (1) the excess of— (A) the highest rate of tax in effect under section 11(b) for the taxable year of the United States shareholder described in subsection (a)(2)(B), over (B) 20 percent, to (2) the highest rate of tax in effect under section 11(b) for the taxable year of the United States shareholder described in subsection (a)(2)(B). The percentage determined under the preceding sentence shall be rounded to the nearest whole percentage point. (e) Election To pay liability in installments (1) In general In the case of a United States shareholder with respect to one or more controlled foreign corporations to which subsection (a) applies, such United States shareholder may elect to pay the net tax liability under this section in 2 or more (but not exceeding 8) equal installments. (2) Date for payment of installments If an election is made under paragraph (1), the due date for the first installment shall be the due date (determined without regard to any extension of time for filing the return) for the return of tax for the taxable year described in subsection (a)(2)(B) and the due date for each succeeding installment shall be the due date (as so determined) for the return of tax for the taxable year following the taxable year with respect to which the preceding installment was made. (3) Acceleration of payment If there is— (A) an assessment of an addition to tax for failure to pay timely with respect to any installment required under this subsection, (B) a liquidation or sale of substantially all the assets of the taxpayer (including in a title 11 or similar case), (C) a cessation of business by the taxpayer, or (D) any similar circumstance, then the unpaid portion of all remaining installments shall be due on the date of such event (or in the case of a title 11 or similar case, the day before the petition is filed). (4) Proration of deficiency to installments If an election is made under paragraph (1) to pay the net tax liability under this section in installments and a deficiency has been assessed, the deficiency shall be prorated to the installments payable under paragraph (1). The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as a part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary. This paragraph shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax. (5) Rules relating to interest (A) In general In the case of any net tax liability prorated to an installment under this subsection, the last date prescribed for payment of the tax for purposes of section 6601(a) shall be the last date for payment of the installment rather than the last date for payment of tax for the taxable year in which the net tax liability arose. (B) Special rules for deficiencies (i) Interest payable for entire period Subparagraph (A) shall not apply to any deficiency prorated to an installment under paragraph (4). (ii) Payment of interest attributable to prior periods In the case of a deficiency to which paragraph (4) applies, interest with respect to such deficiency which is assigned under paragraph (4) to any installment the date for payment of which has arrived on or before the date of the assessment of the deficiency, shall be paid upon notice and demand from the Secretary. (6) Period of assessment Notwithstanding section 6501, the period for assessing the net tax liability under this section for which an election is made under paragraph (1) shall not expire before the due date for the last installment. (7) Election Any election under paragraph (1) shall be made not later than the due date for the return of tax for the taxable year of the United States shareholder described in subsection (a)(2)(B) and shall be made in such manner as the Secretary may provide. (8) Net tax liability under this section For purposes of this subsection— (A) In general The net tax liability under this section with respect to any United States shareholder is the excess (if any) of— (i) such taxpayer’s net income tax for the taxable year, over (ii) such taxpayer’s net income tax for such taxable year determined without regard to this section. (B) Net income tax The term net income tax means the net income tax (as defined in section 38(c)(1)) reduced by the credit allowed under section 38. (C) Regulations The Secretary shall prescribe such regulations as may be necessary for the determination under this subsection of the net tax liability under this section in the case of any pass-thru entity. (f) Regulations The Secretary shall promulgate such regulations as necessary to carry out the purposes of this section, including regulations for the application of this section to pass-through entities all or part of which are owned by 1 or more domestic corporations. . (b) Ordering rule for purposes of treatment of previously taxed income (1) In general Section 959 is amended by adding at the end the following new subsection: (g) Special ordering rule Notwithstanding subsection (c), for purposes of subsections (a) and (b), section 316(a) shall be applied by applying paragraph (2) thereof and then paragraph (1) thereof— (1) first to the deductible portion (as defined in section 965(c)(3)) of the increase in subpart F income described in section 965(a)(1) included in the gross income of United States shareholders under section 951(a)(1) (after application of section 965(a)(2)(A)), and (2) then to amounts described in paragraphs (1), (2), or (3) of subsection (c). . (2) Conforming amendment Section 959(c) is amended by inserting except as provided in subsection (g), after subsections (a) and (b), . (c) Conforming amendments (1) Clause (vi) of section 56(g)(4)(C) is amended— (A) by inserting or section 966(a)(2) after section 965 , and (B) by inserting and inclusions after certain distributions in the heading thereof. (2) Paragraph (3) of section 245(a) is amended— (A) by striking post-1986 in subparagraph (A), and (B) by striking total post-1986 in subparagraph (B). (3) Paragraph (4) of section 245(a) is amended to read as follows: (4) Undistributed earnings The term undistributed earnings means the amount of the earnings and profits of the controlled foreign corporation (computed in accordance with sections 964(a) and 986)— (A) as of the close of the taxable year of the controlled foreign corporation in which the dividend is distributed, and (B) without diminution by reason of dividends distributed during such taxable year. . (4) Paragraph (5) of section 245(a) is amended— (A) by striking post-1986 both places it appears in the matter preceding subparagraph (A), and (B) by striking Post- 1986 undistributed in the heading thereof and inserting Undistributed . (5) Paragraph (6) of section 245(a) is amended— (A) by striking beginning after December 31, 1986 and inserting which is after the first taxable year of such corporation , and (B) by striking post-1986 both places it appears. (6) Paragraph (2) of section 6601(b) is amended— (A) by striking section 6156(a) in the matter preceding subparagraph (A) and inserting section 965(d)(1) or 6156(a) , and (B) by striking section 6156(b) in subparagraph (A) and inserting section 965(d)(2) or 6156(b), as the case may be . (7) The table of sections for subpart F of part III of subchapter N of chapter 1 is amended by striking the item relating to section 965 and inserting the following: Sec. 965. Inclusion of previously deferred foreign income. . (d) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to the last taxable year of foreign corporations beginning before the applicable date, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. (2) Conforming amendments related to section 245 The amendments made by paragraphs (2), (3), (4), and (5) of subsection (c) shall apply to taxable years of foreign corporations beginning on or after the applicable date, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. B Other provisions 336. Elimination of 30-day requirement (a) In general Section 951(a)(1) is amended by striking for an uninterrupted period of 30 days or more and inserting at any time . (b) Effective date The amendment made by this section shall apply to taxable years of foreign corporations beginning on or after the applicable date, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. 337. Modification of definition of United States shareholder (a) In general Section 951(b) is amended by inserting , or 10 percent or more of the total value of shares of all classes of stock of such foreign corporation after such foreign corporation . (b) Effective date The amendment made by this section shall apply to taxable years of foreign corporations beginning on or after the applicable date, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. B Reform of foreign tax credit provisions 341. Repeal of section 902 indirect foreign tax credits; foreign tax credit related to subpart F income (a) Repeal of section 902 indirect foreign tax credits Subpart A of part III of subchapter N of chapter 1 is amended by striking section 902. (b) Foreign tax credit related to subpart F income (1) In general Section 960 is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by striking subsection (a) and inserting the following: (a) Determination of credit on current year basis For purposes of this subpart, if there is included in the gross income of a domestic corporation any amount under section 951(a) with respect to any controlled foreign corporation with respect to which such domestic corporation is a United States shareholder, such domestic corporation shall be deemed to have paid so much of such foreign corporation’s foreign income taxes as are properly attributable to the amount so included. (b) Treatment of foreign taxes not previously deemed paid For purposes of this subpart— (1) In general If any portion of a distribution from a controlled foreign corporation received by a domestic corporation is excluded from gross income under section 959(a), such domestic corporation shall be deemed to have paid so much of such foreign corporation’s foreign income taxes as are properly attributable to the amount so excluded to the extent such taxes were not deemed paid by the domestic corporation under this section for any prior taxable year. (2) Taxes of lower-tier CFCs If a controlled foreign corporation receives a distribution any portion of which is described in section 959(b) from another controlled foreign corporation, such foreign corporation shall be deemed to have paid so much of such other foreign corporation’s foreign income taxes as are properly attributable to the amount so described to the extent such taxes were not deemed paid by a domestic corporation under this section for any prior taxable year. . (2) Application with respect to foreign tax credit limitation Section 960(c), as redesignated by paragraph (1), is amended by adding at the end the following new paragraph: (6) Application with respect to foreign tax credit limitation This subsection shall be applied separately with respect to each category of income described in section 904(d)(1). . (3) Conforming amendments (A) Section 960 is amended by striking subsection (d), as redesignated by paragraph (1), and inserting the following: (d) Foreign income taxes For purposes of this section, the term foreign income taxes means any income, war profits, or excess profits taxes paid or accrued by a foreign corporation to any foreign country or possession of the United States. (e) Regulations The Secretary shall provide such regulations as may be necessary or appropriate to carry out the provisions of this section, including rules for the application of this section to domestic partnerships with partners that are domestic corporations. . (B) Section 960 is amended by striking the heading and inserting Deemed paid credit for subpart F inclusions . (c) Modification to section 78 gross Up Section 78 is amended to read as follows: 78. Amounts received from certain foreign corporations by domestic corporations choosing foreign tax credit If a domestic corporation which is a United States shareholder chooses to have the benefits of subpart A of part III of subchapter N (relating to foreign tax credits) for any taxable year, an amount equal to the taxes deemed to be paid by such corporation under section 960 for such taxable year— (1) shall be treated as an amount included in the gross income under section 951(a), and (2) for purposes of section 904, shall be deemed to be attributable to the same category of income described in section 904(d)(1) as the income which gave rise to the taxes deemed paid by such corporation. . (d) Conforming amendments (1) Subclause (III) of section 56(g)(4)(C)(iii) is amended by inserting as in effect before its repeal after section 902 . (2) Sections 535(b)(1) and 545(b)(1) are each amended by striking section 902(a) or 960(a)(1) and inserting section 960 . (3) Subparagraph (B) of section 814(f)(1) is repealed. (4) Subsection (a) of section 901 is amended by striking sections 902 and 960 and inserting section 960 . (5) Paragraph (2) of section 901(e) is amended by striking but is not limited to— and all that follows through that portion and inserting but is not limited to that portion . (6) Subsection (f) of section 901 is amended by striking sections 902 and 960 and inserting section 960 . (7) Subparagraph (A) of section 901(j)(1) is amended by striking 902 or . (8) Subparagraph (A) of section 904(h)(10) is amended by striking sections 902, 907, and 960 and inserting sections 907 and 960 . (9) Subsection (k) of section 904 is amended to read as follows: (k) Cross reference For modification of limitation under subsection (a) for purposes of determining the amount of credit which can be taken against the alternative minimum tax, see section 59(a). . (10) Paragraph (1) of section 905(c) is amended by striking the last sentence. (11) Subclause (I) of section 905(c)(2)(B) is amended by striking 902 or . (12) Subsection (a) of section 906 is amended by striking (or deemed, under section 902, paid or accrued during the taxable year) . (13) Subsection (b) of section 906 is amended by striking paragraphs (4) and (5). (14) Subparagraph (B) of section 907(b)(2) is amended by striking 902 or . (15) Paragraph (3) of section 907(c) is amended— (A) by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively, and (B) by striking section 960(a) in subparagraph (A) (as so redesignated) and inserting section 960 . (16) Paragraph (5) of section 907(c) is amended by striking 902 or . (17) Clause (i) of section 907(f)(2)(B) is amended by striking 902 or . (18) Subsection (a) of section 908 is amended by striking 902 or . (19) Paragraph (1) of section 958(a) is amended by striking 960(a)(1) and inserting 960 . (20) Subparagraph (B) of section 6038(c)(1) is amended by striking sections 902 (relating to foreign tax credit for corporate stockholder in foreign corporation) and 960 (relating to special rules for foreign tax credit) and inserting section 960 . (21) Paragraph (4) of section 6038(c) is amended by striking subparagraph (C). (22) The table of sections for subpart A of part III of subchapter N of chapter 1 is amended by striking the item relating to section 902. (23) The table of sections for part II of subchapter B of chapter 1 is amended by striking Dividends in the item relating to section 78 and inserting Amounts . (24) The table of sections for subpart F of part III of subchapter N of chapter 1 is amended by striking the item relating to section 960 and inserting the following: Sec. 960. Deemed paid credit for subpart F inclusions. . (e) Effective date The amendments made by this section shall apply to taxable years of foreign corporations beginning on or after the applicable date, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. 342. Repeal of rule suspending foreign taxes and credits until related income is taken into account (a) In general Subpart A of part III of subchapter N of chapter 1 is amended by striking section 909. (b) Conforming amendments (1) Section 901(m)(1)(B) is amended by striking a section 902 corporation (as defined in section 909(d)(5)) and inserting a controlled foreign corporation (as defined in section 957(a)) . (2) The table of sections of subpart A of part III of subchapter N of chapter 1 is amended by striking the item relating to section 909. (c) Effective date The amendments made by this section shall apply to foreign taxes paid or accrued in taxable years beginning on or after the applicable date.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5857ih/xml/BILLS-113hr5857ih.xml
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113-hr-5858
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I 113th CONGRESS 2d Session H. R. 5858 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for a reduction in the amount that may be awarded to a unit of local government under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ) for a unit of local government that funds an amount that is greater than 18 percent of its operating budget using revenue generated from collecting fines and other fees related to violations of traffic laws, and for other purposes.
1. Short title This Act may be cited as the Building Bridges and Transforming Resentment and Unfairness to Support and Trust for Municipal Law Enforcement Act of 2014 or the Build TRUST Act of 2014 . 2. Findings Congress finds the following: (1) The growing trend of local units of government using traffic fines and traffic court fees and costs as revenue generators promotes unfair, excessive targeting of citizens by law enforcement agents, infringes on civil liberties, and promotes reliance on unpredictable revenue sources. (2) The growing trend of local units of government using traffic fines and traffic court fees and costs as revenue generators has the potential to breed public cynicism and distrust of local law enforcement agencies, and to lessen public confidence that the laws are being enforced impartially and the criminal justice system is administered equally. 3. Reduction in grant funding for units of local government (a) Collection of fines for violations of traffic laws Except as provided in subsection (b) or section 4, a unit of local government which, during the previous 3 fiscal years, funded an amount that, on average, was greater than 18 percent of its operating budget using revenue generated from collecting fines and other fees related to violations of traffic laws, shall, in the case of a unit of local government receiving grant funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ), receive only 25 percent of the grant award that would have otherwise been awarded to that unit of local government under such subpart. (b) Disproportionate racial composition of law enforcement agencies In the case of a unit of local government described in subsection (a) for which, during the previous fiscal year, the percentage of individuals who identify as a race who were employees of the law enforcement agency for that unit of local government, and the percentage of individuals who identify as that race who live in the jurisdiction which that law enforcement agency serves, differs by greater than 30 percent, the unit of local government shall receive only 5 percent of the grant award that would have otherwise been awarded to that unit of local government under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). (c) Obligation of States A State that receives a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ), which does not reduce a subgrant award made under such grant to a unit of local government in its jurisdiction in accordance with this section, shall, in the succeeding fiscal year, receive only 50 percent of the grant award that would have otherwise been awarded to that State under such subpart. (d) Reallocation Any funds withheld from a State or unit of local government from a direct grant award by the Attorney General shall be reallocated in accordance with subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). 4. Exemptions The provisions of section 3 shall not apply in the case of any unit of local government— (1) that serves a population of less than 15,000 people and so certifies to the Attorney General; or (2) to which the Attorney General has granted a waiver under section 5. 5. Waivers The Attorney General may, in his or her discretion, grant a waiver under this section to any unit of local government for good cause shown, and shall consider the following factors: (1) Whether, resulting from allegations of excessive uses of force, false arrests, improper searches and seizures, failures to discipline officers sufficiently, or failure to supervise officers, the unit of local government is subject to a consent decree or Memorandum of Understanding, or the subject of an investigation by the Special Litigation Section of the Civil Rights Division of the Department of Justice. (2) Whether the unit of local government has taken affirmative action to ensure that adequate practices and procedures are in place to increase public trust and confidence in the impartial and equitable administration of justice, including— (A) whether incidents of officer involved shootings and uses of excessive force are investigated by a Special Prosecutor appointed by the Governor, State Attorney General, or Presiding Judge of the local court of jurisdiction; (B) whether incidents of officer involved shootings and uses of excessive force are adjudicated in a public proceeding rather than the grand jury process. (3) Whether the minority community is equitably represented in the municipality’s legislative body and executive departments.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5858ih/xml/BILLS-113hr5858ih.xml
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113-hr-5859
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I 113th CONGRESS 2d Session H. R. 5859 IN THE HOUSE OF REPRESENTATIVES AN ACT To impose sanctions with respect to the Russian Federation, to provide additional assistance to Ukraine, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Ukraine Freedom Support Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Statement of policy regarding Ukraine. Sec. 4. Sanctions relating to the defense and energy sectors of the Russian Federation. Sec. 5. Sanctions on Russian and other foreign financial institutions. Sec. 6. Increased military assistance for the Government of Ukraine. Sec. 7. Expanded nonmilitary assistance for Ukraine. Sec. 8. Expanded broadcasting in countries of the former Soviet Union. Sec. 9. Support for Russian democracy and civil society organizations. Sec. 10. Report on non-compliance by the Russian Federation of its obligations under the INF Treaty. Sec. 11. Rule of construction. 2. Definitions In this Act: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (3) Defense article; defense service; training The terms defense article , defense service , and training have the meanings given those terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ). (4) Financial institution The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31, United States Code. (5) Foreign financial institution The term foreign financial institution has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (6) Foreign person The term foreign person means any individual or entity that is not a United States citizen, a permanent resident alien, or an entity organized under the laws of the United States or any jurisdiction within the United States. (7) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (8) Russian person The term Russian person means— (A) an individual who is a citizen or national of the Russian Federation; or (B) an entity organized under the laws of the Russian Federation. (9) Special Russian crude oil project The term special Russian crude oil project means a project intended to extract crude oil from— (A) the exclusive economic zone of the Russian Federation in waters more than 500 feet deep; (B) Russian Arctic offshore locations; or (C) shale formations located in the Russian Federation. 3. Statement of policy regarding Ukraine It is the policy of the United States to further assist the Government of Ukraine in restoring its sovereignty and territorial integrity to deter the Government of the Russian Federation from further destabilizing and invading Ukraine and other independent countries in Central and Eastern Europe, the Caucasus, and Central Asia. That policy shall be carried into effect, among other things, through a comprehensive effort, in coordination with allies and partners of the United States where appropriate, that includes economic sanctions, diplomacy, assistance for the people of Ukraine, and the provision of military capabilities to the Government of Ukraine that will enhance the ability of that Government to defend itself and to restore its sovereignty and territorial integrity in the face of unlawful actions by the Government of the Russian Federation. 4. Sanctions relating to the defense and energy sectors of the Russian Federation (a) Sanctions relating to the defense sector (1) Rosoboronexport Except as provided in subsection (d), not later than 30 days after the date of the enactment of this Act, the President shall impose 3 or more of the sanctions described in subsection (c) with respect to Rosoboronexport. (2) Russian producers, transferors, or brokers of defense articles Except as provided in subsection (d), on and after the date that is 45 days after the date of the enactment of this Act, the President shall impose 3 or more of the sanctions described in subsection (c) with respect to a foreign person the President determines— (A) is an entity— (i) owned or controlled by the Government of the Russian Federation or owned or controlled by nationals of the Russian Federation; and (ii) that— (I) knowingly manufactures or sells defense articles transferred into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; (II) transfers defense articles into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; or (III) brokers or otherwise assists in the transfer of defense articles into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; or (B) knowingly, on or after the date of the enactment of this Act, assists, sponsors, or provides financial, material, or technological support for, or goods or services to or in support of, an entity described in subparagraph (A) with respect to an activity described in clause (ii) of that subparagraph. (3) Specified country defined (A) In general In this subsection, the term specified country means— (i) Ukraine, Georgia, and Moldova; and (ii) any other country designated by the President as a country of significant concern for purposes of this subsection, such as Poland, Lithuania, Latvia, Estonia, and the Central Asia republics. (B) Notice to congress The President shall notify the appropriate congressional committees in writing not later than 15 days before— (i) designating a country as a country of significant concern under subparagraph (A)(ii); or (ii) terminating a designation under that subparagraph, including the termination of any such designation pursuant to subsection (h). (b) Sanctions related to the energy sector (1) Development of special Russian crude oil projects Except as provided in subsection (d), on and after the date that is 45 days after the date of the enactment of this Act, the President may impose 3 or more of the sanctions described in subsection (c) with respect to a foreign person if the President determines that the foreign person knowingly makes a significant investment in a special Russian crude oil project. (2) Authorization for extension of licensing limitations on certain equipment The President, through the Bureau of Industry and Security of the Department of Commerce or the Office of Foreign Assets Control of the Department of the Treasury, as appropriate, may impose additional licensing requirements for or other restrictions on the export or reexport of items for use in the energy sector of the Russian Federation, including equipment used for tertiary oil recovery. (3) Contingent sanction relating to Gazprom If the President determines that Gazprom is withholding significant natural gas supplies from member countries of the North Atlantic Treaty Organization, or further withholds significant natural gas supplies from countries such as Ukraine, Georgia, or Moldova, the President shall, not later than 45 days after making that determination, impose the sanction described in subsection (c)(7) and at least one additional sanction described in subsection (c) with respect to Gazprom. (c) Sanctions described The sanctions the President may impose with respect to a foreign person under subsection (a) or (b) are the following: (1) Export-import bank assistance The President may direct the Export-Import Bank of the United States not to approve the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the foreign person. (2) Procurement sanction The President may prohibit the head of any executive agency (as defined in section 133 of title 41, United States Code) from entering into any contract for the procurement of any goods or services from the foreign person. (3) Arms export prohibition The President may prohibit the exportation or provision by sale, lease or loan, grant, or other means, directly or indirectly, of any defense article or defense service to the foreign person and the issuance of any license or other approval to the foreign person under section 38 of the Arms Export Control Act ( 22 U.S.C. 2778 ). (4) Dual-use export prohibition The President may prohibit the issuance of any license and suspend any license for the transfer to the foreign person of any item the export of which is controlled under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )) or the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations. (5) Property transactions The President may, pursuant to such regulations as the President may prescribe, prohibit any person from— (A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign person has any interest; (B) dealing in or exercising any right, power, or privilege with respect to such property; or (C) conducting any transaction involving such property. (6) Banking transactions The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the foreign person. (7) Prohibition on investment in equity or debt of sanctioned person The President may, pursuant to such regulations as the President may prescribe, prohibit any United States person from transacting in, providing financing for, or otherwise dealing in— (A) debt— (i) of longer than 30 days’ maturity of a foreign person with respect to which sanctions are imposed under subsection (a) or of longer than 90 days’ maturity of a foreign person with respect to which sanctions are imposed under subsection (b); and (ii) issued on or after the date on which such sanctions are imposed with respect to the foreign person; or (B) equity of the foreign person issued on or after that date. (8) Exclusion from the United States and revocation of visa or other documentation In the case of a foreign person who is an individual, the President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, the foreign person, subject to regulatory exceptions to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (9) Sanctions on principal executive officers In the case of a foreign person that is an entity, the President may impose on the principal executive officer or officers of the foreign person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in this subsection applicable to individuals. (d) Exceptions (1) Importation of goods (A) In general The authority to block and prohibit all transactions in all property and interests in property under subsection (c)(5) shall not include the authority to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 ) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). (2) Additional exceptions The President shall not be required to apply or maintain the sanctions under subsection (a) or (b)— (A) in the case of procurement of defense articles or defense services under existing contracts, subcontracts, or other business agreements, including ancillary or incidental contracts for goods, or for services or funding (including necessary financial services) associated with such goods, as necessary to give effect to such contracts, subcontracts, or other business agreements, and the exercise of options for production quantities to satisfy requirements essential to the national security of the United States— (i) if the President determines in writing that— (I) the foreign person to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services; (II) the defense articles or services are essential; (III) alternative sources are not readily or reasonably available; and (IV) the national interests of the United States would be adversely affected by the application or maintenance of such sanctions; or (ii) if the President determines in writing that— (I) such articles or services are essential to the national security under defense coproduction agreements; and (II) the national interests of the United States would be adversely affected by the application or maintenance of such sanctions; (B) in the case of procurement, to eligible products, as defined in section 308(4) of the Trade Agreements Act of 1979 ( 19 U.S.C. 2518(4) ), of any foreign country or instrumentality designated under section 301(b)(1) of that Act ( 19 U.S.C. 2511(b)(1) ); (C) to products, technology, or services provided under contracts, subcontracts, or other business agreements (including ancillary or incidental contracts for goods, or for services or funding (including necessary financial services) associated with such goods, as necessary to give effect to such contracts, subcontracts, or other business agreements) entered into before the date on which the President publishes in the Federal Register the name of the foreign person with respect to which the sanctions are to be imposed; (D) to— (i) spare parts that are essential to United States products or production; (ii) component parts, but not finished products, essential to United States products or production; or (iii) routine servicing and maintenance of United States products, to the extent that alternative sources are not readily or reasonably available; (E) to information and technology essential to United States products or production; or (F) to food, medicine, medical devices, or agricultural commodities (as those terms are defined in section 101 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8511 )). (e) National security waiver (1) In general The President may waive the application of sanctions under subsection (a) or (b) with respect to a foreign person if the President— (A) determines that the waiver is in the national security interest of the United States; and (B) submits to the appropriate congressional committees a report on the determination and the reasons for the determination. (2) Form of report The report required by paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex. (f) Transaction-specific national security waiver (1) In general The President may waive the application of sanctions under subsection (a) or (b) with respect to a specific transaction if the President— (A) determines that the transaction is in the national security interest of the United States; and (B) submits to the appropriate congressional committees a detailed report on the determination and the specific reasons for the determination that a waiver with respect to the transaction is necessary and appropriate. (2) Form of report The report required by paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex. (g) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out the purposes of this section. (2) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, or conspires to violate, or causes a violation of, subsection (a) or (b) of this section, or an order or regulation prescribed under either such subsection, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act. (h) Termination (1) In general Except as provided in paragraph (2), this section, and sanctions imposed under this section, shall terminate on the date on which the President submits to the appropriate congressional committees a certification that the Government of the Russian Federation has ceased ordering, controlling, or otherwise directing, supporting, or financing, significant acts intended to undermine the peace, security, stability, sovereignty, or territorial integrity of Ukraine, including through an agreement between the appropriate parties. (2) Applicability with respect to Syria The termination date under paragraph (1) shall not apply with respect to the provisions of subsection (a) relating to the transfer of defense articles into Syria or sanctions imposed pursuant to such provisions. 5. Sanctions on Russian and other foreign financial institutions (a) Facilitation of certain defense- and energy-Related transactions The President may impose the sanction described in subsection (c) with respect to a foreign financial institution that the President determines knowingly engages, on or after the date of the enactment of this Act, in significant transactions involving activities described in subparagraph (A)(ii) or (B) of section 4(a)(2) or paragraph (1) or (3) of section 4(b) for persons with respect to which sanctions are imposed under section 4. (b) Facilitation of financial transactions on behalf of specially designated nationals The President may impose the sanction described in subsection (c) with respect to a foreign financial institution if the President determines that the foreign financial institution has, on or after the date that is 180 days after the date of the enactment of this Act, knowingly facilitated a significant financial transaction on behalf of any Russian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, pursuant to— (1) this Act; (2) Executive Order No. 13660 (79 Fed. Reg. 13,493), 13661 (79 Fed. Reg. 15,535), or 13662 (79 Fed. Reg. 16,169); or (3) any other Executive order addressing the crisis in Ukraine. (c) Sanction described The sanction described in this subsection is, with respect to a foreign financial institution, a prohibition on the opening, and a prohibition or the imposition of strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by the foreign financial institution. (d) National security waiver The President may waive the application of sanctions under this section with respect to a foreign financial institution if the President— (1) determines that the waiver is in the national security interest of the United States; and (2) submits to the appropriate congressional committees a report on the determination and the reasons for the determination. (e) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out the purposes of this section. (2) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, or conspires to violate, or causes a violation of, subsection (a) or (b) of this section, or an order or regulation prescribed under either such subsection, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act. (f) Termination This section, and sanctions imposed under this section, shall terminate on the date on which the President submits to the appropriate congressional committees the certification described in section 4(h). 6. Increased military assistance for the Government of Ukraine (a) In general The President is authorized to provide defense articles, defense services, and training to the Government of Ukraine for the purpose of countering offensive weapons and reestablishing the sovereignty and territorial integrity of Ukraine, including anti-tank and anti-armor weapons, crew weapons and ammunition, counter-artillery radars to identify and target artillery batteries, fire control, range finder, and optical and guidance and control equipment, tactical troop-operated surveillance drones, and secure command and communications equipment, pursuant to the provisions of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), and other relevant provisions of law. (b) Report required Not later than 60 days after the date of the enactment of this Act, the President shall submit a report detailing the anticipated defense articles, defense services, and training to be provided pursuant to this section and a timeline for the provision of such defense articles, defense services, and training, to— (1) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Armed Services of the House of Representatives. (c) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary of State $100,000,000 for fiscal year 2015, $125,000,000 for fiscal year 2016, and $125,000,000 for fiscal year 2017 to carry out activities under this section. (2) Availability of amounts Amounts authorized to be appropriated pursuant to paragraph (1) shall remain available for obligation and expenditure through the end of fiscal year 2018. (d) Authority for the use of funds The funds made available pursuant to subsection (c) for provision of defense articles, defense services, and training may be used to procure such articles, services, and training from the United States Government or other appropriate sources. (e) Protection of civilians It is the sense of Congress that the Government of Ukraine should take all appropriate steps to protect civilians. 7. Expanded nonmilitary assistance for Ukraine (a) Assistance to internally displaced people in Ukraine (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit a plan, including actions by the United States Government, other governments, and international organizations, to meet the need for protection of and assistance for internally displaced persons in Ukraine, to— (A) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives. (2) Elements The plan required by paragraph (1) should include, as appropriate, activities in support of— (A) helping to establish a functional and adequately resourced central registration system in Ukraine that can ensure coordination of efforts to provide assistance to internally displaced persons in different regions; (B) encouraging adoption of legislation in Ukraine that protects internally displaced persons from discrimination based on their status and provides simplified procedures for obtaining the new residency registration or other official documentation that is a prerequisite to receiving appropriate social payments under the laws of Ukraine, such as pensions and disability, child, and unemployment benefits; and (C) helping to ensure that information is available to internally displaced persons about— (i) government agencies and independent groups that can provide assistance to such persons in various regions; and (ii) evacuation assistance available to persons seeking to flee armed conflict areas. (3) Assistance through international organizations The President shall instruct the United States permanent representative or executive director, as the case may be, to the relevant United Nations voluntary agencies, including the United Nations High Commissioner for Refugees and the United Nations Office for the Coordination of Humanitarian Affairs, and other appropriate international organizations, to use the voice and vote of the United States to support appropriate assistance for internally displaced persons in Ukraine. (b) Assistance to the defense sector of Ukraine The Secretary of State and the Secretary of Defense should assist entities in the defense sector of Ukraine to reorient exports away from customers in the Russian Federation and to find appropriate alternative markets for those entities in the defense sector of Ukraine that have already significantly reduced exports to and cooperation with entities in the defense sector of the Russian Federation. (c) Assistance To address the energy crisis in Ukraine (1) Emergency energy assistance (A) Plan required The Secretary of State and the Secretary of Energy, in collaboration with the Administrator of the United States Agency for International Development and the Administrator of the Federal Emergency Management Agency, shall work with officials of the Government of Ukraine to develop a short-term emergency energy assistance plan designed to help Ukraine address the potentially severe short-term heating fuel and electricity shortages facing Ukraine in 2014 and 2015. (B) Elements The plan required by subparagraph (A) should include strategies to address heating fuel and electricity shortages in Ukraine, including, as appropriate— (i) the acquisition of short-term, emergency fuel supplies; (ii) the repair or replacement of infrastructure that could impede the transmission of electricity or transportation of fuel; (iii) the prioritization of the transportation of fuel supplies to the areas where such supplies are needed most; (iv) streamlining emergency communications throughout national, regional, and local governments to manage the potential energy crisis resulting from heating fuel and electricity shortages; (v) forming a crisis management team within the Government of Ukraine to specifically address the potential crisis, including ensuring coordination of the team’s efforts with the efforts of outside governmental and nongovernmental entities providing assistance to address the potential crisis; and (vi) developing a public outreach strategy to facilitate preparation by the population and communication with the population in the event of a crisis. (C) Assistance The Secretary of State, the Secretary of Energy, and the Administrator of the United States Agency for International Development are authorized to provide assistance in support of, and to invest in short-term solutions for, enabling Ukraine to secure the energy safety of the people of Ukraine during 2014 and 2015, including through— (i) procurement and transport of emergency fuel supplies, including reverse pipeline flows from Europe; (ii) provision of technical assistance for crisis planning, crisis response, and public outreach; (iii) repair of infrastructure to enable the transport of fuel supplies; (iv) repair of power generating or power transmission equipment or facilities; (v) procurement and installation of compressors or other appropriate equipment to enhance short-term natural gas production; (vi) procurement of mobile electricity generation units; (vii) conversion of natural gas heating facilities to run on other fuels, including alternative energy sources; and (viii) provision of emergency weatherization and winterization materials and supplies. (2) Reduction of Ukraine’s reliance on energy imports (A) Plans required The Secretary of State, in collaboration with the Secretary of Energy and the Administrator of the United States Agency for International Development, shall work with officials of the Government of Ukraine to develop medium- and long-term plans to increase energy production and efficiency to increase energy security by helping Ukraine reduce its dependence on natural gas imported from the Russian Federation. (B) Elements The medium- and long-term plans required by subparagraph (A) should include strategies, as appropriate, to— (i) improve corporate governance and unbundling of state-owned oil and gas sector firms; (ii) increase production from natural gas fields and from other sources, including renewable energy; (iii) license new oil and gas blocks transparently and competitively; (iv) modernize oil and gas upstream infrastructure; and (v) improve energy efficiency. (C) Prioritization The Secretary of State, the Administrator of the United States Agency for International Development, and the Secretary of Energy should, during fiscal years 2015 through 2018, work with other donors, including multilateral agencies and nongovernmental organizations, to prioritize, to the extent practicable and as appropriate, the provision of assistance from such donors to help Ukraine to improve energy efficiency, increase energy supplies produced in Ukraine, and reduce reliance on energy imports from the Russian Federation, including natural gas. (D) Authorization of appropriations There are authorized to be appropriated $50,000,000 in the aggregate for fiscal years 2016 through 2018 to carry out activities under this paragraph. (3) Support from the overseas private investment corporation The Overseas Private Investment Corporation shall— (A) prioritize, to the extent practicable, support for investments to help increase energy efficiency, develop domestic oil and natural gas reserves, improve and repair electricity infrastructure, and develop renewable and other sources of energy in Ukraine; and (B) implement procedures for expedited review and, as appropriate, approval, of applications by eligible investors (as defined in section 238 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2198 )) for loans, loan guarantees, and insurance for such investments. (4) Support by the world bank group and the european bank for reconstruction and development The President shall, to the extent practicable and as appropriate, direct the United States Executive Directors of the World Bank Group and the European Bank for Reconstruction and Development to use the voice, vote, and influence of the United States to encourage the World Bank Group and the European Bank for Reconstruction and Development and other international financial institutions— (A) to invest in, and increase their efforts to promote investment in, projects to improve energy efficiency, improve and repair electricity infrastructure, develop domestic oil and natural gas reserves, and develop renewable and other sources of energy in Ukraine; and (B) to stimulate private investment in such projects. (d) Assistance to civil society in ukraine (1) In general The Secretary of State and the Administrator of the United States Agency for International Development shall, directly or through nongovernmental or international organizations, such as the Organization for Security and Co-operation in Europe, the National Endowment for Democracy, and related organizations— (A) strengthen the organizational and operational capacity of democratic civil society in Ukraine; (B) support the efforts of independent media outlets to broadcast, distribute, and share information in all regions of Ukraine; (C) counter corruption and improve transparency and accountability of institutions that are part of the Government of Ukraine; and (D) provide support for democratic organizing and election monitoring in Ukraine. (2) Strategy required Not later than 60 days after the date of the enactment of this Act, the President shall submit a strategy to carry out the activities described in paragraph (1) to— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (3) Authorization of appropriations There are authorized to be appropriated to the Secretary of State $20,000,000 for fiscal year 2016 to carry out this subsection. (4) Transparency requirements Any assistance provided pursuant to this subsection shall be conducted in as transparent of a manner as possible, consistent with the nature and goals of this subsection. The President shall provide a briefing on the activities funded by this subsection at the request of the committees specified in paragraph (2). 8. Expanded broadcasting in countries of the former Soviet Union (a) In general Not later than 90 days after the date of the enactment of this Act, the Chairman of the Broadcasting Board of Governors shall submit to Congress a plan, including a cost estimate, for immediately and substantially increasing, and maintaining through fiscal year 2017, the quantity of Russian-language broadcasting into the countries of the former Soviet Union funded by the United States in order to counter Russian Federation propaganda. (b) Prioritization of broadcasting into Ukraine, Georgia, and Moldova The plan required by subsection (a) shall prioritize broadcasting into Ukraine, Georgia, and Moldova by the Voice of America and Radio Free Europe/Radio Liberty. (c) Additional priorities In developing the plan required by subsection (a), the Chairman shall consider— (1) near-term increases in Russian-language broadcasting for countries of the former Soviet Union (other than the countries specified in subsection (b)), including Latvia, Lithuania, and Estonia; and (2) increases in broadcasting in other critical languages, including Ukrainian and Romanian languages. (d) Broadcasting defined In this section, the term broadcasting means the distribution of media content via radio broadcasting, television broadcasting, and Internet-based platforms, among other platforms. (e) Authorization of appropriations (1) In general There are authorized to be appropriated to the Broadcasting Board of Governors $10,000,000 for each of fiscal years 2016 through 2018 to carry out activities under this section. (2) Supplement not supplant Amounts authorized to be appropriated pursuant to paragraph (1) shall supplement and not supplant other amounts made available for activities described in this section. 9. Support for Russian democracy and civil society organizations (a) In general The Secretary of State shall, directly or through nongovernmental or international organizations, such as the Organization for Security and Co-operation in Europe, the National Endowment for Democracy, and related organizations— (1) improve democratic governance, transparency, accountability, rule of law, and anti-corruption efforts in the Russian Federation; (2) strengthen democratic institutions and political and civil society organizations in the Russian Federation; (3) expand uncensored Internet access in the Russian Federation; and (4) expand free and unfettered access to independent media of all kinds in the Russian Federation, including through increasing United States Government-supported broadcasting activities, and assist with the protection of journalists and civil society activists who have been targeted for free speech activities. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary of State $20,000,000 for each of fiscal years 2016 through 2018 to carry out the activities set forth in subsection (a). (c) Strategy requirement Not later than 60 days after the date of the enactment of this Act, the President shall submit a strategy to carry out the activities set forth in subsection (a) to— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (d) Transparency requirements Any assistance provided pursuant to this section shall be conducted in as transparent of a manner as possible, consistent with the nature and goals of this section. The President shall provide a briefing on the activities funded by this section at the request of the committees specified in subsection (c). 10. Report on non-compliance by the Russian Federation of its obligations under the INF Treaty (a) Findings Congress makes the following findings: (1) The Russian Federation is in violation of its obligations under the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, signed at Washington December 8, 1987, and entered into force June 1, 1988 (commonly referred to as the Intermediate-Range Nuclear Forces Treaty or INF Treaty ). (2) This behavior poses a threat to the United States, its deployed forces, and its allies. (b) Sense of Congress It is the sense of Congress that— (1) the President should hold the Russian Federation accountable for being in violation of its obligations under the INF Treaty; and (2) the President should demand the Russian Federation completely and verifiably eliminate the military systems that constitute the violation of its obligations under the INF Treaty. (c) Report (1) In general Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the President shall submit to the committees specified in subsection (d) a report that includes the following elements: (A) A description of the status of the President's efforts, in cooperation with United States allies, to hold the Russian Federation accountable for being in violation of its obligations under the INF Treaty and obtain the complete and verifiable elimination of its military systems that constitute the violation of its obligations under the INF Treaty. (B) The President's assessment as to whether it remains in the national security interests of the United States to remain a party to the INF Treaty, and other related treaties and agreements, while the Russian Federation is in violation of its obligations under the INF Treaty. (C) Notification of any deployment by the Russian Federation of a ground launched ballistic or cruise missile system with a range of between 500 and 5,500 kilometers. (D) A plan developed by the Secretary of State, in consultation with the Director of National Intelligence and the Defense Threat Reduction Agency (DTRA), to verify that the Russian Federation has fully and completely dismantled any ground launched cruise missiles or ballistic missiles with a range of between 500 and 5,500 kilometers, including details on facilities that inspectors need access to, people inspectors need to talk with, how often inspectors need the accesses for, and how much the verification regime would cost. (2) Form The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (d) Committees specified The committees specified in this subsection are— (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. 11. Rule of construction Nothing in this Act or an amendment made by this Act shall be construed as an authorization for the use of military force.
Passed the House of Representatives December 11, 2014. Karen L. Haas, Clerk.
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113-hr-5860
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I 113th CONGRESS 2d Session H. R. 5860 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Boustany (for himself and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow small businesses to use pre-tax dollars for assistance to employees purchasing policies in the individual market and except certain health reimbursement arrangements from group health plan requirements, and for other purposes.
1. Short title This Act may be cited as the Small Business Healthcare Relief Act of 2014 . 2. Permitting small businesses to use pre-tax dollars for assistance to employees purchasing policies in individual market (a) In general Section 106 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Pre-Tax Dollars for Qualified Health Plans (1) In general Amounts paid by an eligible small employer on behalf of an employee of the employer for premiums for a qualified health plan (as defined in section 1301 of the Patient Protection and Affordable Care Act)— (A) which covers the employee, employee’s spouse, or any dependent of the employee, and (B) which is offered in the individual market within a State, shall be treated as employer-provided coverage for medical expenses under an accident or health plan and shall not be considered a group health plan for purposes of section 9815. (2) Eligible small employer For purposes of this subsection and subsection (f), the term eligible small employer means an employer who— (A) is not an applicable large employer (as defined in section 4980H(c)(2)(A)), and (B) does not offer its employees any group health plan other than an arrangement described in paragraph (1) or subsection (f). (3) Certain controlled groups All employees who are treated as employed by a single employer under subsection (b), (c), or (m) of section 414 shall be treated as employed by a single employer for purposes of this subsection. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 3. Standalone health reimbursement arrangements (a) In general Section 106 of the Internal Revenue Code is amended Code of 1986 is amended by adding at the end the following new subsection: (f) Qualified health reimbursement arrangements (1) In general Amounts paid by an eligible small employer on behalf of an employee of the employer to a qualified health reimbursement arrangement shall be treated as employer-provided coverage for medical expenses under an accident or health plan and shall not be considered a group health plan for purposes of section 9815. (2) In general For purposes of this subsection, the term qualified health reimbursement arrangement means an arrangement— (A) under which the employee may be reimbursed— (i) for premiums for a qualified health plan (as defined in section 1301 of the Patient Protection and Affordable Care Act) which covers the employee, employee’s spouse, or any dependent of the employee, and is offered in the individual market within a State, and (ii) for expenses incurred for medical care (as defined in section 213(d)) of the employee, the employee’s spouse, or any such dependent of the employee, (B) which is provided by an eligible small employer, and (C) under which contributions by the employer with respect to an employee for the taxable year are not in excess of the dollar amount in effect under section 125(i) for such taxable year (200 percent of such amount in the case of family coverage). (3) Certain controlled groups All employees who are treated as employed by a single employer under subsection (b), (c), or, (m) of section 414 shall be treated as employed by a single employer for purposes of this subsection. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 4. No subsidies allowed with respect to health plan acquired through pre-tax dollars for qualified health plan or qualified health reimbursement arrangement (a) Coordination With Premium Credit and Reduced Cost-Sharing Section 36B(c)(2)(B) of such Code is amended by adding at the end the following new clause: (iii) Pre-tax dollars for a qualified health plan and Qualified health reimbursement arrangements The term coverage month shall not include any month during which an individual is covered under a qualified health plan any premiums for which were reimbursed under an arrangement described in section 106(e) (relating to pre-tax dollars for a qualified health plan), or under a qualified health reimbursement arrangement (as defined in section 106(f)), during a calendar year which includes such month. . (b) Effective date The amendment made by this section shall apply to months beginning after December 31, 2013. 5. Pre-tax dollars for a qualified health plan and qualified health reimbursement arrangements excepted from group health plan requirements (a) In general Section 9832(c)(1) of such Code is amended by redesignating subparagraph (H) as subparagraph (J) and by inserting after subparagraph (G) the following new subparagraphs: (H) An arrangement described in section 106(e) (relating to pre-tax dollars for a qualified health plan). (I) Qualified health reimbursement arrangement (as defined in section 106(f)). . (b) Effective date The amendment made by this section shall apply to plan years beginning after December 31, 2013.
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113-hr-5861
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I 113th CONGRESS 2d Session H. R. 5861 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Camp (for himself, Ms. Slaughter , Mrs. Miller of Michigan , Mr. Walberg , Mr. Dingell , Mr. Upton , Mr. Huizenga of Michigan , Mr. Benishek , Mr. Kelly of Pennsylvania , Mr. Higgins , Mr. Thompson of Pennsylvania , and Mr. Peters of Michigan ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Natural Resources , 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 control the spread of aquatic invasive species between the Great Lakes basin and the Mississippi River basin, and for other purposes.
1. Short title This Act may be cited as the Guarding Our Great Lakes Act . 2. Aquatic invasive species control zone at Brandon Road Lock and Dam, Joliet Illinois (a) In general The Secretary of the Army, acting through the Chief of Engineers, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service and the Director of the United States Geological Survey, the Administrator of the Environmental Protection Agency, and each other applicable Federal agency shall take actions to prevent the transfer of aquatic invasive species, with a focus on Asian carp species, through the Brandon Road Lock and Dam. (b) Construction (1) Required measures The Chief of Engineers shall construct measures to improve the Brandon Road Lock and Dam to prevent the upstream transfer of swimming aquatic invasive species through the lock and dam, including— (A) an engineered channel in the approach from the Mississippi River direction, as outlined in the report issued pursuant to section 1538 of Public Law 112–141 ; (B) adding additional structures necessary for aquatic invasive species control; and (C) the construction and operation of electric dispersal barriers. (2) Cost estimate and schedule Not later than 6 months after the date of enactment of this Act, the Chief of Engineers shall submit to Congress a cost estimate for, and schedule for completion of, measures to be constructed under this subsection. (c) Other measures The Director of the United States Fish and Wildlife Service, in consultation with the Director of the United States Geological Survey, the Chief of Engineers, the Commandant of the United States Coast Guard, the Administrator of the Environmental Protection Agency, and the heads of other relevant agencies, shall implement all appropriate measures in compliance with applicable State and Federal law around the Brandon Road Lock and Dam on the Illinois River to prevent the upstream and downstream transfer of swimming and floating aquatic invasive species, with a focus on Asian carp species, including— (1) implementing existing Asian carp monitoring and control strategies at the Brandon Road location, as applicable; (2) using the Brandon Road location to the greatest extent possible to test new aquatic invasive species control technologies; (3) implementing all control strategies identified through this testing necessary to fulfill the objectives of this section; and (4) developing best management practices to mitigate aquatic invasive species transfer by boat and barge operators on the Illinois River and Chicago Sanitary and Shipping Canal and working with operators to implement them. (d) Administration (1) Acquisition of real estate The Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey may acquire any real estate necessary to carry out this section. (2) Cooperation In carrying out this section, the Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey shall coordinate with each other and— (A) the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; (B) the Metropolitan Water Reclamation District of Greater Chicago; (C) the Asian Carp Regional Coordinating Committee; (D) the Great Lakes Commission; (E) the Great Lakes Fishery Commission; (F) the Great Lakes and St. Lawrence Cities Initiative; and (G) any other applicable State, local, or international government entity. 3. Actions related to permanent prevention of aquatic invasive species transfer between the Great Lakes and Mississippi River basins (a) Construction The Administrator of the Environmental Protection Agency, acting through the Great Lakes Interagency Task Force, shall coordinate with the Governor of Illinois, the City of Chicago, and the Metropolitan Water Reclamation District of Greater Chicago to carry out engineering and construction of flood mitigation and water quality measures on the Chicago Area Waterway System related to permanent prevention of the transfer of aquatic nuisance species between the Great Lakes and Mississippi River basins. (b) Requirements In carrying out subsection (a), the Administrator shall— (1) coordinate with Chicago and the Metropolitan Water Reclamation District of Greater Chicago to combine infrastructure to the greatest extent practicable with the Tunnel and Reservoir Plan of the Metropolitan Water Reclamation District of Greater Chicago; (2) ensure flood mitigation in the vicinity of the Chicago Area Waterway System is not degraded; (3) ensure water quality is protected in the Great Lakes and Chicago Waterway System, consistent with the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (4) provide for continued commercial and recreational watercraft traffic on the Chicago Area Waterway System to the greatest practical extent, which may include new infrastructure to minimize the impact of physical barriers necessary for aquatic invasive species control; and (5) prioritize efforts to prevent the transfer of the highest risk aquatic invasive species, including Asian carp. (c) Administration (1) Consultation In carrying out this section, the Administrator shall consult with the Asian Carp Regional Coordinating Committee. (2) Assistance from Corps The Chief of Engineers shall provide to the Administrator all documentation relating to the report issued pursuant to section 1538 of Public Law 112–141 and technical and other assistance, as requested by the Administrator. (3) Delegation In carrying out this section, the Administrator may delegate parts of the project to any of the non-Federal entities referred to in this Act. (4) Identification of partners In carrying out this section, the Administrator shall work to identify non-Federal cost-share partners when applicable. (5) Federal share The Federal share of the cost of a project carried out under this section may be up to 100 percent. (d) Report Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the progress made, and a plan for further actions to be taken, under this section.
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113-hr-5862
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I 113th CONGRESS 2d Session H. R. 5862 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mrs. Capps introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To provide assistance to improve maternal and newborn health in developing countries, and for other purposes.
1. Short title This Act may be cited as the Improvements in Global Maternal and Newborn Health Outcomes while Maximizing Successes Act or Improvements in Global MOMS Act . 2. Findings and purposes (a) Findings Congress finds the following: (1) In 2000, the United States joined 188 other countries in supporting the 8 United Nations Millennium Development Goals (MDGs), including MDG 4, which aims to reduce child mortality by two-thirds and MDG 5, which aims to reduce the maternal mortality ratio by three-quarters by 2015. In 2005, universal access to reproductive health was added as a target for MDG 5. (2) Substantial progress in maternal health has been made. The total number of maternal deaths decreased by over 50 percent from 529,000 maternal deaths in 2000 to 287,000 maternal deaths in 2010. Egypt, Honduras, Malaysia, Sri Lanka, and parts of Bangladesh have all halved their maternal mortality ratios over the past few decades. (3) While significant progress has been made in reducing maternal mortality, the United Nations reports that current maternal mortality levels are far removed from the 2015 target . (4) Women in developing countries are nearly 100 times more likely to die of complications during pregnancy or childbirth than in developed countries, with higher rates for women living in rural areas and among poorer communities. (5) The United States Agency for International Development (USAID) estimates the global economic impact of maternal and newborn mortality at $15 billion in lost productivity every year. (6) Annually, 287,000 women die from complications during pregnancy or childbirth, with 99 percent of these deaths occurring in developing countries. Six countries—Afghanistan, the Democratic Republic of Congo, Ethiopia, India, Nigeria, and Pakistan—account for almost one-half of all maternal deaths worldwide. (7) It is estimated that up to 90 percent of these maternal deaths are preventable. With access to medicines and skilled health care providers, most women across the world can expect a successful delivery and a healthy newborn. (8) The leading cause of maternal deaths is hemorrhage. Other primary causes of maternal death include sepsis, hypertensive disorder (pre-eclampsia/eclampsia), unsafe abortion, and prolonged or obstructed labor. (9) An essential part of ensuring a woman survives pregnancy and childbirth includes access to maternal health medicines and other supplies. Uterotonics prevent and treat postpartum hemorrhage by causing contractions of the uterus during and after childbirth, effectively controlling excessive bleeding. If uterotonic medicines, such as oxytocin and misoprostol, were available to all women giving birth over a 10-year period, approximately 41 million postpartum hemorrhage cases could be prevented and 1.4 million women’s lives saved. (10) Pregnancy is the leading killer of adolescent girls ages 15 to 19 in the developing world. Nearly 70,000 adolescent girls die every year because their bodies are not ready for childbirth. Compared to women in their twenties, adolescent girls aged 15 to 19 are twice as likely to die in childbirth, and girls under 15 are five times as likely to die, and mortality and morbidity rates are also higher among infants born to young mothers. (11) For every maternal death, approximately 20 women and girls experience serious or long-term negative health consequences. Severe pregnancy-related injuries include fistula, uterine prolapse, infections, diseases, and disabilities. Maternal morbidities accrue an estimated global cost of $6.8 billion. (12) Healthy timing and spacing of pregnancy has a powerful impact on the chances of survival for women, newborns, infants, and children. Access to voluntary family planning plays an essential role in improving maternal health. (13) Delaying a first pregnancy until at least 18 years old, waiting at least 24 months to become pregnant after a live birth, and waiting at least 6 months after a miscarriage or induced abortion, can reduce all maternal mortality by 30 percent and prevent 70,000 deaths per year of women who die from unsafe abortion. (14) Healthy timing and spacing of birth can also reduce newborn and child death by more than 50 percent. Children born less than two years after the previous birth are approximately 2.5 times more likely to die before the age of five than children born three to five years after the previous birth. (15) If all women who wanted to delay or avoid pregnancy had access to modern contraception, 26 million abortions would be averted. (16) More than 220 million women in developing countries who would prefer to delay or avoid childbearing lack access to safe and effective family planning methods. Less than one-half of married women of reproductive age in South Asia and less than 25 percent of women in sub-Saharan Africa use modern contraceptives. In 2012, an estimated 80 million women in developing countries had an unintended pregnancy. (17) It is estimated that if 120 million more women had access to family planning information, services and supplies, without coercion or discrimination by 2020, 200,000 fewer girls and women would die during pregnancy and childbirth, there would be 100 million fewer unintended pregnancies, there would be 50 million fewer abortions, and 3 million fewer infants would die in their first year of life. (18) Violent acts against pregnant women can also lead to poor health outcomes for women and their babies, including miscarriage, pre-term birth, low birthweight, stillbirths, and maternal deaths. The risk for maternal mortality is 3 times as high for abused mothers. In emergency settings, gender-based violence rates continue to increase. (19) According to the World Health Organization (WHO), women that have undergone female genital mutilation/cutting are significantly more likely to experience serious postpartum health problems than those who have not undergone female genital mutilation, and children born to mothers who have undergone female genital mutilation face higher death rates immediately after birth. (20) Maternal health is inextricably tied to newborn health and survival. In some countries in the developing world the risk of newborn death doubles following maternal death. The conditions in utero, during labor, delivery, and shortly after birth have a direct relationship on newborn outcomes. (21) In 2012, 2.9 million newborns or 44 percent of total under-five mortality did not survive the first month of life. One million of these deaths occurred during the first day of life. (22) The leading causes of newborn mortality include prematurity, intrapartum complications (including birth asphyxia), and neonatal infections. Over two-thirds of these deaths could be prevented through low-cost medicines, products, and interventions that would not require intensive care. (23) In addition to newborn mortality there are an additional 2.65 million stillbirths each year that are not included in newborn or under-five mortality statistics. (24) Women in Africa are 24 times more likely to have a stillbirth than women in high-income countries. (25) In developing countries, nearly one-third of stillbirth babies were alive when labor began. If 99 percent of women in developing countries had comprehensive emergency obstetric care, nearly 700,000 stillbirths could be prevented each year. (26) In many developing countries, lack of access to quality health care facilities, health services, and trained providers results in deaths for mothers, newborns, and children—the majority of births in Africa take place without a skilled attendant present or the necessary medicines and medical supplies, increasing the risk of death or disability for both mother and newborn. (27) If family planning and maternal and newborn services were provided simultaneously, the costs of these services would decline by $1.5 billion and would result in a 70 percent decline in maternal deaths and a 44 percent decline in newborn deaths. (28) More than one-half of all children and pregnant women in developing countries suffer from anemia, which is exacerbated by malaria, neglected tropical diseases, and nutritional deficits, causing adverse pregnancy outcomes and even death. (29) Maternal deaths worldwide could be reduced by 60,000 per year if women received appropriate HIV diagnosis and treatment. (30) With proper interventions, the transmission of HIV between women and their infants during pregnancy and breastfeeding can be reduced to 5 percent in the developing world. The WHO recommends early diagnosis and immediate treatment for children identified as HIV positive because, without treatment, half of these children will die before the age of two. (31) Nine out of ten women in sub-Saharan Africa will lose a child during their lifetimes, and only 30 percent of women in sub-Saharan Africa have contact with a health worker after giving birth. (32) According to the Director of National Intelligence’s 2009 Annual Threat Assessment, widespread poor maternal and child health and malnutrition has the potential to weaken central governments and empower non-state actors, including terrorist and paramilitary groups. (33) The experiences of United States Government-supported and nongovernmental organization maternal and child health programs in countries such as Nepal, Ethiopia, and Senegal have demonstrated that community-based approaches, linked to primary and referral care when possible, can deliver high-impact interventions to prevent or treat many of the life-threatening conditions affecting mothers and newborns. (b) Purposes The purposes of this Act are— (1) to authorize assistance to improve maternal and newborn health in developing countries; and (2) to develop a strategy to reduce mortality and morbidity and improve maternal and newborn health in developing countries. 3. Assistance to Reduce Mortality and Improve Maternal and Newborn Health in developing countries (a) In general Chapter 1 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended— (1) in section 102(b)(4)(B), by striking reduction of infant mortality and inserting reduction of maternal and newborn mortality, morbidity, and stillbirths ; and (2) by inserting after section 104C the following new section: 104D. Assistance to Reduce Mortality and Improve Maternal and Newborn Health (a) Authorization Consistent with section 104(c), the President is authorized to furnish assistance, on such terms and conditions as the President may determine, to reduce maternal and newborn mortality and morbidity and improve maternal health and the health of newborns in developing countries. (b) Activities supported Assistance provided under subsection (a) shall, to the maximum extent practicable, include— (1) activities to expand access to and improve quality of maternal health services, including— (A) birth preparedness through the provision of quality pre-pregnancy and antenatal care with a skilled provider (midwife, nurse, or doctor), which should consist of, at minimum— (i) iron and folic acid supplementation; (ii) tetanus vaccine; (iii) smoking cessation; (iv) prevention and management of sexually transmitted infections and HIV, including access to Preventing Mother-to-Child Transmission; (v) screening, diagnosis, and treatment of existing conditions, such as syphilis, HIV/AIDS, malaria, and tuberculosis, and ensuring that women are provided with, or referred to, appropriate care and treatment and prophylaxis for those conditions, including access to antiretrovirals (ARVs); (vi) magnesium sulfate and low-dose aspirin to prevent pre-eclampsia and calcium supplementation to prevent hypertension; (vii) screening for complications, including blood pressure screenings; (viii) magnesium sulfate for eclampsia; antihypertensive medication; (ix) corticosteroids to prevent respiratory distress syndrome; (x) induction of labor at term to manage pre-labor rupture of membranes; (xi) nutrition treatment of malnourished pregnant women; and (xii) antibiotics for pre-term labor; (B) expanding access to skilled childbirth and postnatal care, particularly in areas with low utilization of skilled delivery, including— (i) the presence of a skilled health professional (nurse, midwife, or doctor) who has been educated and trained to proficiency in the skills needed to manage normal or uncomplicated pregnancies or referral of complications in women and newborns, (ii) clean delivery; (iii) uterotonics and active management of third stage of labor to prevent postpartum hemorrhage; (iv) social support during childbirth; (v) screening for HIV, linkages to HIV care and treatment services, and follow up tracking; (vi) induction of labor for prolonged pregnancy; (vii) nutrition counseling; (viii) management of postpartum hemorrhage; (ix) caesarean section for maternal/fetal indication with prophylactic antibiotics; (x) treating maternal anemia; and (xi) postpartum family planning methods; (C) comprehensive voluntary family planning services, integrated into antenatal and postnatal care, to support women and men in making informed decisions and having timely, intended, well-spaced pregnancies, and to help women with pre-existing conditions avoid high-risk, unintended pregnancies, including— (i) provision of family planning/birth spacing counseling and services; and (ii) emergency treatment of complications of unsafe abortions and linkages to other reproductive health services; (2) activities to expand access to and improve quality of services that reduce newborn and infant mortality, including— (A) immediate thermal care; (B) initiation of early, exclusive, and continued breastfeeding; (C) hygienic cord and skin care; (D) kangaroo mother care; (E) extra support for feeding small and preterm infants; (F) antibiotic therapy for newborns at risk of bacterial infection; (G) use of surfactant in pre-term infants; (H) initiate prophylactic antiretroviral therapy for infants exposed to HIV; (I) neonatal resuscitation with a bag and mask for infants suffering from birth asphyxia; (J) continuous positive airway pressure to manage respiratory distress syndrome; (K) case management of neonatal sepsis, neonatal meningitis, and pneumonia; (L) case management of meningitis, malaria, diarrhea, pneumonia, and severe acute malnutrition; and (M) comprehensive care of HIV, including ARVs, cotrimoxazole, nutrition support, and psychosocial support; (3) activities to support communities and health care providers in identifying and removing barriers to maternal health care services, including— (A) financial and sociocultural barriers; (B) child marriage; (C) transportation; (D) gender discrimination and gender-based violence; (E) stigma based on pre-existing health concerns; and (F) female genital mutilation/cutting; (4) activities that focus on empowering women and girls and engaging men and boys at the individual, household, and community levels to improve the health outcomes of women, newborns, and children, including education and awareness programs about gender-based violence, the health risks of female genital mutilation, and shared responsibility for, and benefits of, family planning; (5) activities to improve the supply of critical maternal and newborn health commodities, including lifesaving medicines and supplies, such as activities designed to strengthen regulatory systems to ensure the quality of commodities in circulation and those related to strengthening supply chain systems so that these commodities reach the women and children who need them; (6) activities supporting country-led efforts to improve capacity for health governance, health finance, and the health workforce, including in the private sector, and support for training clinicians, nurses, technicians, sanitation and public health workers, community-based health workers, midwives, birth attendants, peer educators, volunteers, and private sector enterprises to provide integrated health and nutrition services and referrals that meet the needs of patients across a continuum of care; (7) activities that support country-led plans to reduce maternal and newborn mortality and morbidity and stillbirths, including— (A) management of host country institutions’ information systems and the development and use of tools and models to collect, analyze, and disseminate information related to maternal and newborn health; and (B) activities to develop and conduct needs assessments, baseline studies, targeted evaluations, or other information-gathering efforts for the design, monitoring, and evaluation of maternal and newborn health efforts, including— (i) the study of the availability and effects of critical medicines and devices, particularly those of importance in developing countries, on pregnant women and newborns; (ii) the collection, evaluation, and use of data on the medical and socioeconomic factors that led to a maternal or newborn death or stillbirths at the community and health facility levels; and (iii) the improvement of vital registries to capture live births, neonatal deaths, and the number of stillbirths; and (8) activities to integrate and coordinate assistance provided under this section with existing health programs for the prevention of the transmission of HIV from mother to child and other HIV/AIDS prevention, care, treatment, and counseling activities, including better integration with programs addressing— (A) malaria; (B) tuberculosis; (C) family planning and reproductive health; (D) counseling for survivors of sexual- and gender-based violence; (E) neglected tropical diseases; (F) nutrition; and (G) child survival. (c) Guidelines To the maximum extent practicable, programs, projects, and activities carried out using assistance provided under this section shall be— (1) carried out through private and voluntary organizations, including community and faith-based organizations, local organizations, and relevant international and multilateral organizations that demonstrate effectiveness, including the United Nations Population Fund, the United Nations Children’s Fund, and the Global Alliance for Vaccines and Immunizations, and that demonstrate commitment to improving the health and rights of mothers and newborns and reducing the number of stillbirths; (2) carried out in the context of country-driven plans in whose development the United States Government participates along with other donors and multilateral organizations, nongovernmental organizations, and civil society; (3) carried out with input by beneficiaries and other directly affected populations, especially women and marginalized communities; and (4) designed to build the capacity of host country governments and civil society organizations. (d) Annual report Not later than January 31, 2016, and annually thereafter for 4 years, the President shall transmit to Congress a report on the implementation of this section for the prior fiscal year. (e) Definitions In this section: (1) AIDS The term AIDS has the meaning given the term in section 104A(g)(1) of this Act. (2) HIV The term HIV has the meaning given the term in section 104A(g)(2) of this Act. (3) HIV/AIDS The term HIV/AIDS has the meaning given the term in section 104A(g)(3) of this Act. . 4. Development of strategy to reduce mortality and morbidity and improve maternal and newborn health in developing countries (a) Development of strategy The President shall develop and implement a comprehensive strategy to reduce mortality and morbidity and improve the health of mothers and newborns in developing countries that integrates all current United States Government efforts on improving maternal and newborn health, including strategies with respect to HIV/AIDS, gender, child survival. (b) Components The comprehensive United States Government strategy developed pursuant to subsection (a) shall include the following: (1) An identification of not less than 24 countries, including fragile states and countries affected by conflict, with priority needs for the 5-year period beginning on the date of the enactment of this Act based on— (A) the number and rate of neonatal deaths; (B) the number and rate of near-miss morbidity for women and newborns; (C) the number and rate of maternal deaths; (D) the number and rate of caesarean sections; (E) the number and rate of malnourished women of reproductive age; and (F) the number of individuals with an unmet need for family planning. (2) For each country identified in paragraph (1)— (A) an assessment of the most common causes of maternal and newborn mortality and morbidity; (B) a description of the programmatic areas and interventions providing maximum health benefits to populations at risk and maximum reduction in mortality and morbidity; (C) an assessment of the investments needed in identified programs and interventions to achieve the greatest results; (D) a description of how United States assistance complements and leverages efforts by other donors and builds capacity and self-sufficiency among recipient countries; and (E) a description of goals and objectives for improving maternal and newborn health, including, to the extent feasible, objective and quantifiable indicators. (3) Enhanced coordination among relevant departments and agencies of the United States Government engaged in activities to improve the health and well-being of mothers and newborns in developing countries. (4) A description of the measured or estimated impact on maternal and newborn morbidity and mortality of each project or program receiving assistance under section 104D of the Foreign Assistance Act of 1961 (as added by section 3 of this Act). (c) Report Not later than 180 days after the date of the enactment of this Act, the President shall transmit to Congress a report that contains the strategy described in this section. 5. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act, and the amendments made by this Act, such sums as may be necessary for each of fiscal years 2016 through 2020. (b) Availability of funds Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5862ih/xml/BILLS-113hr5862ih.xml
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113-hr-5863
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I 113th CONGRESS 2d Session H. R. 5863 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Carson of Indiana introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to apply certain annuity benefits to Federal Protective Service law enforcement officers, and for other purposes.
1. Short title This Act may be cited as the Federal Protective Service Parity Act of 2014 . 2. Civil Service Retirement System and Federal Employees Retirement System (a) Civil service retirement system (1) Definition Section 8331 of title 5, United States Code is amended— (A) in paragraph (31), by striking and at the end; (B) in paragraph (32), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (33) the term Federal Protective Service law enforcement officer means an employee in the Federal Protective Service of the Department of Homeland Security— (A) who holds a position within the GS–0083, GS–0080, GS–1801, or GS–1811 job series (determined applying the criteria in effect as of September 1, 2007) or any successor position; and (B) who are authorized to carry firearms and empowered to make arrests in the performance of duties related to the protection of buildings, grounds and property that are owned, occupied, or secured by the Federal Government (including any agency, instrumentality or wholly owned or mixed-ownership corporation thereof) and the persons on the property, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties in 1 or more positions (as described under subparagraph (A)) for at least 3 years. . (2) Deductions, contributions, and deposits Section 8334 of title 5, United States Code, is amended— (A) in subsection (a)(1)(A), by inserting Federal Protective Service law enforcement officer, before or customs and border protection officer, ; and (B) in the table contained in subsection (c), by adding at the end the following: Federal Protective Service Law Enforcement Officer 7.5 On or after the effective date in section 2(e) of the Federal Protective Service Parity Act of 2014. . (3) Mandatory separation The first sentence of section 8335(b)(1) of title 5, United States Code, is amended by inserting Federal Protective Service law enforcement officer, before or customs and border protection officer . (4) Immediate retirement Section 8336 of title 5, United States Code, is amended— (A) in subsection (c)(1), by inserting Federal Protective Service law enforcement officer, before or customs and border protection officer ; and (B) in subsections (m) and (n), by inserting as a Federal Protective Service law enforcement officer, before or as a customs and border protection officer, . (b) Federal employees retirement system (1) Definition Section 8401 of title 5, United States Code, is amended— (A) in paragraph (37), by striking and at the end; (B) in paragraph (38), by striking the period and inserting ; and ; and (C) by adding at the end the following: (39) Federal Protective Service law enforcement officer means an employee in the Federal Protective Service of the Department of Homeland Security— (A) who holds a position within the GS–0083, GS–0080, GS–1801, or GS–1811 job series (determined applying the criteria in effect as of September 1, 2007) or any successor position; and (B) who are authorized to carry firearms and empowered to make arrests in the performance of duties related to the protection of buildings, grounds and property that are owned, occupied, or secured by the Federal Government (including any agency, instrumentality or wholly owned or mixed-ownership corporation thereof) and the persons on the property, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties in 1 or more positions (as described under subparagraph (A)) for at least 3 years. . (2) Immediate retirement Paragraphs (1) and (2) of section 8412(d) of title 5, United States Code, are amended by inserting Federal Protective Service law enforcement officer, before or customs and border protection officer, . (3) Computation of basic annuity Section 8415(i)(2) of title 5, United States Code, is amended by inserting Federal Protective Service law enforcement officer, before or customs and border protection officer . (4) Deductions from pay The table contained in section 8422(a)(3) of title 5, United States Code, is amended by adding at the end the following: Federal Protective Service Law Enforcement Officer 7.5 On or after the effective date in section 2(e) of the Federal Protective Service Parity Act of 2014. . (5) Government contributions Section 8423(a) of title 5, United States Code, is amended— (A) in paragraph (1)(B)(i) by inserting Federal Protective Service law enforcement officer, before customs and border protection officers, ; and (B) in paragraph (3)(A) by inserting Federal Protective Service law enforcement officer, before customs and border protection officers, . (6) Mandatory separation Section 8425(b)(1) of title 5, United States Code, is amended by inserting Federal Protective Service law enforcement officer, before or customs and border protection officer the each place it appears. (c) Maximum age for original appointment Section 3307 of title 5, United States Code, is amended by adding at the end the following: (h) The Secretary of Homeland Security may determine and fix the maximum age limit for an original appointment to a position as a Federal Protective Service law enforcement officer, as defined in section 8401. . (d) Regulations Any regulations necessary to carry out the amendments made by this section shall be issued by the Director of the Office of Personnel Management in consultation with the Secretary of Homeland Security. (e) Effective date; transition rules; funding (1) Effective date The amendments made by this section shall become effective on the later of the first day of the first pay period of fiscal year 2015 or the first day of the first pay period beginning at least 6 months after the date of enactment of this Act. (2) Transition rules (A) Nonapplicability of mandatory separation provisions to certain individuals The amendments made by subsections (a)(3) and (b)(6), respectively, shall not apply to an individual first appointed as a Federal Protective Service law enforcement officer before the effective date under paragraph (1). (B) Treatment of prior Federal Protective Service law enforcement officer service (i) General rule Except as provided in clause (ii), nothing in this section shall be considered to apply with respect to any service performed as a Federal Protective Service law enforcement officer before the effective date under paragraph (1). (ii) Exception Service described in section 8331(33) and 8401(39) of title 5, United States Code (as amended by this section) rendered before the effective date under paragraph (1) may be taken into account to determine if an individual who is serving on or after such effective date then qualifies as a Federal Protective Service law enforcement officer by virtue of holding a supervisory or administrative position in the Department of Homeland Security. (C) Minimum annuity amount The annuity of an individual serving as a Federal Protective Service law enforcement officer on the effective date under paragraph (1) pursuant to an appointment made before that date shall, to the extent that its computation is based on service rendered as a Federal Protective Service law enforcement officer on or after that date, be at least equal to the amount that would be payable to the extent that such service is subject to the Civil Service Retirement System or Federal Employees Retirement System, as appropriate, by applying section 8339(d) of title 5, United States Code, with respect to such service. (D) Rule of construction Nothing in the amendment made by subsection (c) shall be considered to apply with respect to any appointment made before the effective date under paragraph (1). (3) Fees and authorizations of appropriations (A) Fees The Director of the Office of Management and Budget shall adjust fees collected as necessary to ensure collections are sufficient to carry out amendments made in this section. (B) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (4) Election (A) Incumbent defined For purposes of this paragraph, the term incumbent means an individual who is serving as a Federal Protective Service law enforcement officer on the date of the enactment of this Act. (B) Notice requirement Not later than 30 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall take measures reasonably designed to ensure that incumbents are notified as to their election rights under this paragraph, and the effect of making or not making a timely election. (C) Election available to incumbents (i) In general An incumbent may elect, for all purposes, either— (I) to be treated in accordance with the amendments made by subsection (a) or (b), as applicable; or (II) to be treated as if subsections (a) and (b) had never been enacted. (ii) Failure to make a timely election Failure to make a timely election under clause (i) shall be treated in the same way as an election made under clause (i)(I) on the last day allowable under clause (iii). (iii) Deadline An election under this subparagraph shall not be effective unless it is made at least 14 days before the effective date under paragraph (1). (5) Definition For the purposes of this subsection, the term Federal Protective Service law enforcement officer has the meaning given such term by section 8331(33) or 8401(39) of title 5, United States Code (as amended by this Act). (6) Exclusion Nothing in this section or any amendment made by this section shall be considered to afford any election or to otherwise apply with respect to any individual who, as of the day before the date of the enactment of this Act— (A) holds a position within the Federal Protective Service; and (B) is considered a law enforcement officer for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, by virtue of such position.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5863ih/xml/BILLS-113hr5863ih.xml
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113-hr-5864
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I 113th CONGRESS 2d Session H. R. 5864 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Carson of Indiana introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To protect Federal employees and visitors, improve the security of Federal facilities, authorize and modernize the Federal Protective Service, and for other purposes.
1. Short title This Act may be cited as the FPS Improvement Act of 2014 . 2. Definitions In this Act, the terms appropriate congressional committees , Federal facility , Secretary , Director , facility security level , Federal Protective Service law enforcement officer , and protective service guard have the meanings given those terms in section 1331 of title 40, United States Code (as added by this Act). 3. Federal protective service (a) In general Chapter 13 of title 40, United States Code, is amended by adding at the end the following: II Federal Protective Services 1331. Definitions In this subchapter: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (2) Director The term Director means the Director of the Federal Protective Service. (3) Federal facility The term Federal facility — (A) means any building and grounds and all property located in or on that building and grounds, that are owned, occupied or secured by the Federal Government, including any agency, instrumentality or wholly owned or mixed-ownership corporation of the Federal Government; and (B) does not include— (i) any building, grounds, or property used for military activities; or (ii) any facility used for activities covered under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). (4) Federal Protective Service law enforcement officer The term Federal Protective Service law enforcement officer means a law enforcement officer or agent designated under section 1332. (5) Facility Security Committee The term Facility Security Committee means an agency or an internal agency component responsible for security policy at a specific Federal facility. (6) Facility security level The term facility security level — (A) means a rating of each Federal facility based on the analysis of several facility factors that provides a basis for that facility’s attractiveness as a target and potential effects or consequences of an attack, which then serves as a basis for the implementation of certain levels of security protection by the Interagency Security Committee; and (B) is determined by the Federal Protective Service, the United States Marshals Service under section 566 of title 28, or another agency authorized to provide all protective services for a facility and is guided by Interagency Security Committee standards. (7) In-service field staff The term in-service field staff means— (A) a Federal Protective Service law enforcement officer; or (B) a police officer, inspector, area commander or special agent, or such other equivalent positions as designated by the Secretary who, while working, is directly engaged on a daily basis in protecting and enforcing law at Federal facilities. (8) Protective service guard The term protective service guard means an employee of a Federal Protective Service contractor or subcontractor engaged in the protection of a building, grounds, or property that is owned, occupied, or secured by the Federal Government (including any agency, instrumentality, or wholly owned or mixed-ownership corporation thereof) and the persons on the property. (9) Secretary The term Secretary means the Secretary of Homeland Security acting through the Director. 1332. Law enforcement authority of Secretary of Homeland Security for protection of public property (a) In General To the extent provided for by transfers made pursuant to the Homeland Security Act of 2002, the Secretary shall protect the buildings, grounds, and property that are owned, occupied, or secured by the Federal Government (including any agency, instrumentality, or wholly owned or mixed-ownership corporation thereof) and the persons on the property. (b) Officers and Agents (1) Designation The Secretary may designate employees of the Department of Homeland Security, including employees transferred to the Department from the Office of the Federal Protective Service of the General Services Administration pursuant to the Homeland Security Act of 2002, as officers and agents for duty in connection with the protection of property owned or occupied by the Federal Government and persons on the property, including duty in areas outside the property to the extent necessary to protect the property and persons on the property. (2) Powers While engaged in the performance of official duties, an officer or agent designated under this subsection may— (A) enforce Federal laws and regulations for the protection of persons and property; (B) make arrests without a warrant for any offense against the United States committed in the presence of the officer or agent or for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; (C) serve warrants and subpoenas issued under the authority of the United States; (D) conduct investigations, on and off the property in question, of offenses that may have been committed against property owned or occupied by the Federal Government or persons on the property; and (E) carry out such other activities for the promotion of homeland security as the Secretary may prescribe. (3) Additional power An officer or agent designated under this subsection may carry a firearm on or off duty. (4) Training The Secretary shall determine the minimum level of training or certification for— (A) employees of the Federal Protective Service including Federal Protective Service law enforcement officers; (B) protective service guards; and (C) a reliable system will be developed to track the compliance of protective service guards with the certifications deemed necessary by the Secretary. (c) Inspections The Secretary shall inspect Federal facilities protected by the Federal Protective Service for the purpose of determining compliance with Federal security standards, as determined by the Interagency Security Committee, and making appropriate risk mitigation recommendations. (d) Security countermeasures The Secretary, in consultation with the Administrator of General Services, shall ensure and supervise the effective design, procurement, installation, maintenance, and operation of security countermeasures, including armed contract guards, electronic physical security systems, and weapons and explosives screening devices, for a Federal facility protected by the Federal Protective Service. 1333. Full-time equivalent employee requirements (a) In general The Secretary shall ensure that the Federal Protective Service shall maintain at any time not fewer than 1,870 full-time equivalent employees, including not fewer than 1,318 in-service field staff. (b) Report In any fiscal year after fiscal year 2015 in which the number of full-time equivalent employees of the Federal Protective Service is fewer than the number of full-time equivalent employees of the Federal Protective Service in the previous fiscal year, the Secretary shall submit a report to the appropriate congressional committees that provides— (1) an explanation of the decrease in full-time equivalent employees; and (2) a revised model of the number of full-time equivalent employees projected for future fiscal years. 1334. Protective service guards (a) Authorities for protective service guards (1) Carrying of firearms The Secretary may authorize protective service guards engaged in the protection of buildings and grounds that are owned, occupied, or secured by the General Services Administration Public Building Service as the Secretary considers necessary in the interests of the common defense and security to carry firearms to carry out their official duties. (2) Detention without a warrant A person authorized to carry firearms under this subsection may, while in the performance of, and in connection with, official duties, detain an individual without a warrant for any offense against the United States committed in that person’s presence or for any felony cognizable under the laws of the United States if that person has reasonable grounds to believe that the individual to be detained has committed or is committing such felony. The detention authority conferred by this paragraph is in addition to any detention authority under other laws. (b) Limitations The following limitations apply: (1) A protective service guard authorized to carry firearms under this section may detain an individual only when the individual to be detained is within, or in direct flight from, the area of such offense. (2) A person granted authority to make arrests by this section may exercise that authority only in the enforcement of laws regarding any building and grounds and all property located in or on that building and grounds that are owned, occupied, or secured by the General Services Administration Public Building Service. (c) Guidance The Secretary, with the approval of the Attorney General, shall issue guidelines to implement this section. 1335. Compliance of Federal facilities with Federal security standards (a) In general The Secretary may assess security charges to an agency that is the owner or the tenant of a Federal facility protected by the Federal Protective Service in addition to any security charge assessed for the costs of necessary security countermeasures if— (1) the Secretary, in coordination with the Interagency Security Committee, determines a Federal facility to be in noncompliance with Federal security standards established by the Interagency Security Committee or a final determination regarding countermeasures made by the appeals board established under section 1336(h); and (2) the Interagency Security Committee or the Secretary— (A) provided notice to that agency and the Facility Security Committee of— (i) the noncompliance; (ii) the actions necessary to be in compliance; and (iii) the latest date on which such actions need to be taken; and (B) the agency is not in compliance by that date. (b) Report on noncompliant facilities The Secretary shall submit a report to the appropriate congressional committees, in a classified manner if necessary, of any facility determined to be in noncompliance with standards established by the Interagency Security Committee. 1336. Interagency security committee (a) Establishment There is established within the executive branch the Interagency Security Committee (in this section referred to as the Committee ) responsible for the development of safety and security standards and best practices to mitigate the effects of natural and manmade hazards in Federal facilities. (b) Chairperson The Committee shall be chaired by the Secretary or a designee of the Secretary. The chairpersons shall be responsible for the daily operations of the Committee and appeals board, final approval and enforcement of Committee standards, and the promulgation of regulations related to Federal facility security prescribed by the Committee. (c) Membership (1) Voting members The Committee shall consist of the following voting members: (A) Agency representatives Representatives from the following agencies, appointed by the agency heads: (i) Department of Homeland Security. (ii) Department of State. (iii) Department of the Treasury. (iv) Department of Defense. (v) Department of Justice. (vi) Department of the Interior. (vii) Department of Agriculture. (viii) Department of Commerce. (ix) Department of Labor. (x) Department of Health and Human Services. (xi) Department of Housing and Urban Development. (xii) Department of Transportation. (xiii) Department of Energy. (xiv) Department of Education. (xv) Department of Veterans Affairs. (xvi) Environmental Protection Agency. (xvii) Central Intelligence Agency. (xviii) Office of Management and Budget. (xix) General Services Administration. (B) Other officers The following Federal officers or the designees of those officers: (i) The Director of the United States Marshals Service. (ii) The Assistant to the President for National Security Affairs. (C) Judicial branch representatives A representative from the judicial branch appointed by the Chief Justice of the United States. (2) Associate members The Committee shall include, as associate members who shall be nonvoting members, representatives from the following agencies, appointed by the agency heads: (A) Federal Aviation Administration. (B) Federal Bureau of Investigation. (C) Federal Deposit Insurance Corporation. (D) Federal Emergency Management Agency. (E) Federal Reserve Board. (F) Internal Revenue Service. (G) National Aeronautics and Space Administration. (H) National Capital Planning Commission. (I) National Institute of Standards & Technology. (J) Nuclear Regulatory Commission. (K) Office of Personnel Management. (L) Securities and Exchange Commission. (M) Social Security Administration. (N) United States Coast Guard. (O) United States Postal Service. (P) United States Army Corps of Engineers. (Q) Court Services and Offender Supervision Agency. (R) Any other Federal officers as the President shall appoint. (d) Working groups The Committee may establish interagency working groups to perform such tasks as may be directed by the Committee. (e) Consultation The Committee shall consult with other parties, including the Administrative Office of the United States Courts, to perform its responsibilities. At the discretion of the Chairperson of the Committee, such other parties may participate in the working groups. (f) Meetings The Committee shall, at a minimum, meet quarterly. (g) Responsibilities The Committee shall— (1) not later than 1 year after the date of enactment of the FPS Improvement Act of 2014 , propose regulations to the Secretary for promulgation under section 1332(c)(1)— (A) for determining facility security levels, unless the Committee determines that similar regulations are issued by the Secretary before the end of that 1-year period; and (B) to establish risk-based performance standards for the security of Federal facilities, unless the Committee determines that similar regulations are issued by the Secretary before the end of that 1-year period; (2) establish protocols for the testing of the compliance of Federal facilities with Federal security standards, including a mechanism for the initial and recurrent testing of Federal facilities; (3) prescribe regulations to determine minimum levels of training and certification of contract guards; (4) prescribe regulations to establish a list of prohibited items for entry into Federal facilities; (5) establish minimum requirements and a process for providing security training for members of Facility Security Committees (as described in section 1337); and (6) take such actions as may be necessary to enhance the quality and effectiveness of security and protection of Federal facilities, including— (A) encouraging agencies with security responsibilities to share security-related intelligence in a timely and cooperative manner; (B) assessing technology and information systems as a means of providing cost-effective improvements to security in Federal facilities; (C) developing construction standards for those locations with threat levels or missions that require blast resistant structures or other specialized security requirements; (D) evaluating standards for the location of, and special security related to, day care centers in Federal facilities; and (E) assisting the Secretary in developing and maintaining a secure centralized security database of all Federal facilities; and (7) carry out such other duties as assigned by the President. (h) Appeals board (1) Establishment The Committee shall establish an appeals board to consider appeals from any Facility Security Committee, or the Secretary, of a— (A) facility security level determination; (B) Facility Security Committee decision to overturn a determination of necessary countermeasures or physical security improvements if the Secretary considered such a decision a grave risk to the facility or its occupants; or (C) determination of noncompliance with Federal facility security standards. (2) Final appeal A decision of the appeals board is final and shall not be subject to administrative or judicial review. (i) Agency support and cooperation (1) In general To the extent permitted by law and subject to the availability of appropriations, the Secretary shall provide the Committee such administrative services, funds, facilities, staff, and other support services as may be necessary for the performance of the functions of the Committee under this subtitle. (2) Cooperation and compliance (A) In general Each agency shall cooperate and comply with the policies, standards, and determinations of the Committee. (B) Support To the extent permitted by law and subject to the availability of appropriations, agencies shall provide such support as may be necessary to enable the Committee to perform the duties and responsibilities of the Committee. (3) Compliance The Secretary shall be responsible for monitoring agency compliance with the policies and determinations of the Committee. (j) Authorization There are authorized to be appropriated to the Department such sums as necessary to carry out the provisions of this section. 1337. Facility security committees (a) Maintenance of facility security committees Agencies that are tenants at each Federal facility shall maintain a Facility Security Committee for that Federal facility. Each agency that is a tenant at a Federal facility shall provide one employee to serve as a member of the Facility Security Committee. (b) Chairperson (1) In general Each Facility Security Committee shall be headed by a chairperson, elected by a majority of the members of the Facility Security Committee. (2) Responsibilities The chairperson shall be responsible for— (A) maintaining accurate contact information for agency tenants and providing that information, including any updates, to the Federal Protective Service; (B) setting the agenda for Facility Security Committee meetings; (C) referring Facility Security Committee member questions to Federal Protective Service for response; (D) reviewing a security assessment completed by the Federal Protective Service or designated security organization representatives and, if requested by the Federal Protective Service, accompanying the representatives during on-site facility security assessments; (E) maintaining an official record of each meeting; (F) acknowledging receipt of the facility security assessment from Federal Protective Service; (G) maintaining records of training of or waivers for members of the Facility Security Committee; and (H) any other duties as determined by the Interagency Security Committee. (c) Training for members (1) In general Except as provided under paragraphs (3) and (4), before serving as a member of a Facility Security Committee, an employee shall successfully complete a training course that meets a minimum standard of training as established by the Interagency Security Committee. (2) Training Training under this subsection shall— (A) be provided by the Federal Protective Service in accordance with standards established by the Interagency Security Committee; (B) be commensurate with the facility security level; and (C) include training relating to— (i) familiarity with published standards of the Interagency Security Committee; (ii) physical security criteria for Federal facilities; (iii) use of physical security performance measures; (iv) facility security levels determinations; (v) best practices for safe mail handling; (vi) knowledge of an occupant emergency plan, the facility security assessment process, and the facility countermeasures plan; and (vii) the role of the Federal Protective Service and the General Services Administration. (3) Waivers The training requirement under this subsection may be waived by the Secretary, the head of a Facility Security Committee, or the Chairperson of the Interagency Security Committee if the Secretary, the head of a Facility Security Committee, or the Chairperson determines that an employee has related experience in physical security, law enforcement, or infrastructure security disciplines. (4) Incumbent members (A) In general This subsection shall apply to any Facility Security Committee established before, on, or after the date of enactment of FPS Improvement Act of 2014 , except that any member of a Facility Security Committee serving on that date shall, during the 1-year period following that date— (i) successfully complete a training course as required under paragraph (1); or (ii) obtain a waiver under paragraph (3). (d) Meetings and quorum (1) Meetings Each Facility Security Committee shall meet on a quarterly basis, or more frequently if determined appropriate by the chairperson. (2) Quorum A majority of the members of a Facility Security Committee shall be present for a quorum to conduct business. (e) Appeal (1) In general If a Facility Security Committee disagrees with a determination of a facility security level or a determination of noncompliance with Federal security standards, the Chairperson of a Facility Security Committee may file an appeal of the determination with the Interagency Security Committee appeals board. (2) Decision to appeal The decision to file an appeal shall be agreed to by a majority of the members of a Facility Security Committee. (3) Matters subject to appeal A determination of the Federal Protective Service may be appealed under this subsection, including any determination relating to— (A) countermeasure improvements; (B) facility security assessment findings; and (C) facility security levels. . (b) Technical and conforming amendments (1) Repeal Section 1315 of title 40, United States Code, is repealed. (2) Table of sections The table of sections relating to chapter 13 of title 40, United States Code, is amended— (A) by inserting before the item relating to section 1301 the following: Subchapter I—General Authorities ; and (B) by striking the item relating to section 1315 and adding at the end the following: Subchapter II—Federal Protective Services Sec. 1331. Definitions. 1332. Law enforcement authority of Secretary of Homeland Security for protection of public property. 1333. Full-time equivalent employee requirements. 1334. Protective service guards. 1335. Compliance of Federal facilities with Federal security standards. 1336. Interagency security committee. 1337. Facility security committees. . (3) Subchapter I of chapter 13 Chapter 13 of title 40, United States Code, is amended by inserting before section 1301 the following: I General Authorities . (4) Carrying concealed firearms Section 926B(f) of title 18, United States Code, is amended by inserting a Federal Protective Service law enforcement officer, after Federal Reserve, . (5) Regulatory authority Section 877(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 457(a) ) is amended by striking 1706(b) and inserting 1332(b) of title 40, United States Code . (6) Central Intelligence Agency Act amendment Section 15 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3515 ) is amended— (A) in subsection (a)(1) by striking 1315(b)(2) of title 40 and inserting 1332(b)(2) of title 40 ; and (B) in subsection (b) by striking 1315(c)(2) of title 40 and inserting 1332(c)(2) of title 40 . (7) National Security Agency Act amendment Section 11 of the National Security Agency Act of 1959 ( 50 U.S.C. 3609 ) is amended— (A) in subsection (a)(1) by striking 1315(b)(2) of title 40 and inserting 1332(b)(2) of title 40 ; and (B) in subsection (b) by striking 1315(c)(2) of title 40 and inserting 1332(c)(2) of title 40 . 4. Report on Federal Protective Service personnel needs Not later than 90 days after the date of enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on the personnel needs of the Federal Protective Service that includes recommendations on the numbers of Federal Protective Service law enforcement officers and the workforce composition of the Federal Protective Service needed to carry out the mission of the Federal Protective Service during the 10-fiscal year period beginning after the date of enactment of this Act. 5. Report on the feasibility of federalizing the protective service guard workforce (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the feasibility of federalizing the protective service guard workforce. (b) Review and comment The Secretary shall provide the report prepared under this section to a qualified consultant for review and comment before submitting the report to the appropriate congressional committees. The Secretary shall provide the comments of the qualified consultant to the appropriate congressional committee with the report. (c) Contents The report under this section shall include an evaluation of— (1) converting in its entirety, or in part, the protective service guard workforce into full-time Federal employees; (2) the option of posting a full-time equivalent Federal protective service law enforcement officer at each level 3 or 4 Federal facility, as determined by the Interagency Security Committee, that on the date of enactment of this Act has a protective service guard stationed at the facility; (3) the potential increase in security of any option evaluated under paragraph (1) and (2); (4) the immediate and projected costs of any option evaluated under paragraph (1) and (2); (5) the immediate and projected costs of maintaining the current level of protective service guards and full-time Federal Protective Service law enforcement officers; (6) a comparison of similar conversions of large groups of contracted workers and potential benefits and challenges. 6. Report on agency funding Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the method of funding for the Federal Protective Service, which shall include recommendations regarding whether the Federal Protective Service should— (1) continue to be funded by a collection of fees and security charges; (2) be funded by appropriations; or (3) be funded by a combination of fees, security charges, and appropriations. 7. Report on preventing explosives from entering Federal facilities Not later than one year after the date of enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on the feasibility, effectiveness, safety and privacy implications of the use or potential use of available methods to detect or prevent explosives from entering Federal facilities, including the use of additional canine teams, advanced imaging technology, or other technology or methods for detecting explosives. 8. Savings clause Nothing in this Act, including the amendments made by this Act, shall be construed to affect— (1) the authorities under section 566 of title 28, United States Code; (2) the authority of any Federal law enforcement agency other than the Federal Protective Service; or (3) any authority of the Federal Protective Service not specifically enumerated by this Act that is in effect on the day before the date of enactment of this Act.
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113-hr-5865
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I 113th CONGRESS 2d Session H. R. 5865 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Cleaver introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a grant program providing for the acquisition, operation, and maintenance of body-worn cameras for law enforcement officers.
1. Short title This Act may be cited as the Camera Authorization and Maintenance Act of 2014 or as the CAM Act of 2014 . 2. Requirement to use body-worn camera systems (a) In general Beginning on the date that is 180 days after the date of enactment, if, in a fiscal year, a State or unit of local government that receives any grant from the Attorney General does not require law enforcement officers of that State or unit of local government to use body-worn cameras, that State or unit of local government may not receive any grant from the Attorney General in the following fiscal year. (b) Hardship waiver The Attorney General may waive the application of subsection (a) to any State or unit of local government that applies for such a waiver if, in the determination of the Attorney General, compliance with the requirement of subsection (a) would pose a financial hardship on the State or unit of local government. (c) Definitions Terms used in this section have the meaning given such terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3791 ). 3. Body-worn camera grants Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. ) is amended by adding at the end the following: MM Body-Worn Camera Grants 3031. In general From amounts made available to carry out this part, the Director of the Bureau of Justice Assistance may make grants to States, units of local government, and Indian tribes for the acquisition, operation, and maintenance of body-worn cameras for law enforcement officers. 3032. Uses of funds Grants awarded under this section shall be— (1) distributed directly to the State, unit of local government, or Indian tribe; and (2) used for the program described under section 3034. 3033. Program described The program described in this section is any program implemented by a grantee requiring the use of body-worn cameras by law enforcement officers in that jurisdiction, consistent with the following requirements: (1) Any law enforcement officer who has regular contact with the general public shall be required to wear and, as appropriate, activate a body-worn camera. (2) An officer who is not otherwise assigned body-worn cameras may be required to wear one in certain circumstances, including the following: (A) After receiving a specified number of complaints or disciplinary actions. (B) When participating in a certain type of activity, such as SWAT operations. (3) Body cameras should be worn on the officer’s chest or at eye level. (4) An officer who activates the body-worn camera while on duty should be required to note the existence of the recording in the official incident report. (5) An officer who wears body-worn cameras should be required to articulate their reasoning, on camera or in writing, if that officer fails to record an activity that is required by department policy to be recorded. (6) An officer is required to activate his or her body-worn camera when responding to all calls for service and during all law enforcement-related encounters and activities that occur while the officer is on duty traffic stops, arrests, searches, interrogations, investigations, and pursuits. (7) Officers should also be required to activate the camera during the course of any encounter with the public that becomes adversarial after the initial contact. (8) An officer shall inform any person who is being recorded by a body-worn camera when the person is being recorded unless doing so would be unsafe, impractical, or impossible. (9) Once activated, the body-worn camera shall remain in recording mode until the conclusion of an incident or encounter, the officer has left the scene, or a supervisor has authorized (on camera) that a recording may cease. (10) Policies shall designate the officer as the person responsible for downloading recorded data from his or her body-worn camera. However, in certain clearly identified circumstances (including officer-involved shootings, in-custody deaths, or other incidents involving the officer that result in a person’s bodily harm or death), the officer’s supervisor should immediately take physical custody of the camera and should be responsible for downloading the data. (11) If the camera system does not have a system to track who accesses the recorded data, when, and for what purpose, grantees shall create an audit system that monitors who accesses recorded data, when, and for what purpose. Grantees may conduct forensic reviews to determine whether recorded data has been tampered with. Data shall be downloaded from the body-worn camera by the end of each shift in which the camera was used. Officers shall properly categorize and tag body-worn camera videos at the time they are downloaded. Videos shall be classified according to the type of event or incident captured in the footage. (12) When setting time frames for retention of data, grantees shall consider the following: (A) State laws governing evidence retention. (B) Departmental policies governing retention of other types of electronic records. (C) The openness of the State’s public disclosure laws. (D) The need to preserve footage to promote transparency. (E) The length of time typically needed to receive and investigate citizen complaints. (F) The agency’s capacity for data storage. (13) Data must be managed by a third party. To protect the security and integrity of data managed by a third party, a grantee shall use a reputable, experienced vendor, enter into a legal contract with the vendor that protects the agency’s data, ensure the system includes a built-in audit trail and reliable backup methods, and consult with legal advisors. (14) An officer shall be permitted to review video footage of an incident in which they were involved, prior to making a statement about the incident. (15) A grantee’s internal audit unit, rather than the officer’s direct chain of command, should periodically conduct a random review of body-worn camera footage to monitor compliance with the program and assess overall officer performance. (16) Grantee policies pertaining to body-worn cameras shall include specific measures for preventing unauthorized access or release of recorded data. (17) Grantees shall have clear and consistent protocols for releasing recorded data externally to the public and the news media (or public disclosure policies). Each such policy must be in compliance with any applicable State or Federal public disclosure laws. (18) Body-worn camera training shall be required for all grantee personnel who may use or otherwise be involved with body-worn cameras. (19) The grantee shall collect statistical data concerning body-worn camera usage, including when video footage is used in criminal prosecutions and internal affairs matters as well as when excessive force has been used. (20) The grantee shall conduct periodic reviews of policies and protocols of the grantee pertaining to body-worn cameras. 3034. Allocation of funds Funds available under this part shall be awarded to each qualifying unit of local government with fewer than 100,000 residents. Any remaining funds available under this part shall be awarded to other qualifying applicants on a pro rata basis. 3035. Matching Requirements (a) Federal share The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. (b) Non-Federal share The non-Federal share of payments made under this part may be made in cash or in-kind fairly evaluated, including planned equipment or services. . 4. Establishment of task force on community policing and body camera accountability There shall be established in the Department of Justice a task force to do the following: (1) The task force shall be created to provide recommendations on community policing, including best practices from communities where law enforcement and neighborhoods work well together to create accountability and transparency. (2) This task force shall provide a report to the Congress by April 2015 the recommendations above. (3) Membership shall include representatives of civil rights organizations, Federal, State, and local law enforcement personnel, and community policing experts. (4) The task force shall develop proper body-worn camera training protocol. (5) The task force shall study the impact that citizen review boards could have on investigating cases of alleged police misconduct. (6) Not later than 1 year after implementation of the body camera requirement policy under section 3033 of title I of the Omnibus Crime Control Act of 1968, the task force shall conduct a survey to determine best practices and effectiveness of the policy with findings to be reported back to the Congress. 5. GAO report on pentagon’s 1033 program Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the Department of Defense Excess Personal Property Program established pursuant to section 1033 of Public Law 104–201 , the National Defense Authorization Act for Fiscal Year 1997 that includes information on— (1) which jurisdictions equipment is sent to; (2) the value of equipment sent to each jurisdiction; (3) the level of training provided to officers; and (4) how the equipment is used in the jurisdiction.
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113-hr-5866
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I 113th CONGRESS 2d Session H. R. 5866 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Cohen (for himself, Mr. Grijalva , Mr. Cicilline , Mr. Pocan , Mr. Cummings , Mr. Takano , and Mr. Grayson ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require the Attorney General to issue rules pertaining to the collection and compilation of data on the use of deadly force by law enforcement officers.
1. Short title This Act may be cited as the National Statistics on Deadly Force Transparency Act of 2014 . 2. Attorney general to issue regulations (a) Regulations Not later than 6 months after the date of enactment of this Act, the Attorney General, in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, shall issue regulations for the collection and compilation of data pertaining to the use of deadly force by Federal, State, or local law enforcement officers. (b) Requirements The regulations issued under subsection (a) shall— (1) require the collection of data on all instances wherein deadly force was used by a Federal, State, or local law enforcement officer; (2) require that the data collected shall— (A) include identifying characteristics of the person who was the target of the use of deadly force and the officer who used deadly force, including— (i) race or ethnicity; (ii) gender; (iii) approximate age; and (iv) the actual or perceived religious affiliation; (B) include the date, time, and location of such use of deadly force; (C) include the alleged criminal activity of the person who was the target of the use of deadly force; (D) include the nature of the deadly force used, including the use of a firearm; (E) include an explanation, if any, from the relevant law enforcement agency on why deadly force was used; (F) include a copy of any use of deadly force guidelines in effect at the relevant law enforcement agency at the time deadly force was used; (G) include a description of any non-lethal efforts employed to apprehend or subdue the person who was the target of the use of deadly force before deadly force was used; and (H) not include personally identifiable information described in section 4; (3) provide that a standardized form shall be made available to law enforcement agencies for the submission of data collected pursuant to this Act to the Department of Justice; (4) require that law enforcement agencies compile data using the standardized form made available under paragraph (3), and submit the form to the Department of Justice Bureau of Justice Statistics and any other component of the Department of Justice that the Attorney General determines appropriate; and (5) require that law enforcement agencies shall maintain all data collected under this Act for not less than 4 years. 3. Duties of the bureau of justice statistics The Department of Justice Bureau of Justice Statistics shall provide to Congress and make available to the public the data collected pursuant to this Act, excluding any personally identifiable information described in section 4. 4. Limitations on publication of data The name or identifying information of a law enforcement officer, person who was the target of the use of deadly force, or any other individual involved in any activity for which data is collected and compiled under this Act shall not be— (1) released to the public; (2) disclosed to any person, except for— (A) such disclosures as are necessary to comply with this Act; (B) disclosures of information regarding a particular person to that person; or (C) disclosures pursuant to litigation; or (3) subject to disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), except for disclosures of information regarding a particular person to that person. 5. Byrne JAG grant reduced for failure to report In the case of a State or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ), if that State or unit of local government fails substantially to comply with the requirement under section 2 for a fiscal year, the Attorney General shall reduce the amount that would otherwise be awarded to that State or unit of local government under such grant program in the following fiscal year by 10 percent.
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113-hr-5867
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I 113th CONGRESS 2d Session H. R. 5867 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Daines introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To extend the deadline for commencement of construction of a hydroelectric project involving the Gibson Dam.
1. Extension of time for Federal Energy Regulatory Commission project involving Gibson Dam (a) In general Notwithstanding the requirements of section 13 of the Federal Power Act ( 16 U.S.C. 806 ) that would otherwise apply to the Federal Energy Regulatory Commission project numbered 12478–003, the Federal Energy Regulatory Commission may, at the request of the licensee for the project, and after reasonable notice and in accordance with the procedures of the Commission under that section, extend the time period during which the licensee is required to commence construction of the project for a 6-year period that begins on the date described in subsection (b). (b) Date described The date described in this subsection is the date of the expiration of the extension of the period required for commencement of construction for the project described in subsection (a) that was issued by the Commission prior to the date of enactment of this Act under section 13 of the Federal Power Act ( 16 U.S.C. 806 ).
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113-hr-5868
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I 113th CONGRESS 2d Session H. R. 5868 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Ellison introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide for a study by the Transportation Research Board of the National Academies on the impact of diverting certain freight rail traffic to avoid urban areas, and for other purposes.
1. Findings Congress finds the following: (1) The volume of crude oil transported by rail has significantly increased from— (A) 21,000 barrels a day in 2009 to 1.1 million barrels a day in 2014; and (B) 9,500 rail-carloads in 2008 to 415,000 rail-carloads in 2013. (2) At any given time, more than 2.5 million gallons of crude oil is being transported across the country to refineries totaling a distance of more than 1000 miles. (3) More oil was spilled in 2013 from freight traffic than in the previous 4 decades combined. (4) Increased spills result in catastrophes that have significantly and adversely impacted the following communities: (A) Minnesota, in March 2013, when 30,000 gallons of crude oil spilled because of derailed cars. (B) Lac-Mégantic, Canada, in July 2013, when 1.6 million gallons of crude oil spilled, igniting a fire and exploding, killing 47 people and forcing 2,000 people from their homes. (C) North Dakota, in December 2013, when 400,000 million gallons of crude oil spilled, igniting a fire and forcing 65 percent of residents from their homes. (D) Virginia, in March 2014, when thousands of gallons of oil spilled, contaminating the James River and requiring the evacuation of 78,000 people in the downtown of the city. (5) Hazardous materials must be properly classified for transportation, according to requirements from the Pipeline and Hazardous Materials Safety Administration (PHMSA). (6) Crude oil is categorized as a Class 3 flammable liquid in either Packing Group (PG) I or II. (7) Due to serious mislabeling practices, the Department of Transportation’s Emergency Order (Docket No. DOT–OST–2014–0025) from February 2014 has forbidden the labeling of crude oil as PG III for transport and handling until further notice; shipments must be labeled as either PG I (most serious hazard) or PG II (moderate hazard) for proper handling and transport of crude oil. (8) PHMSA has found that crude oil from the Bakken region (in North Dakota, Montana, and Canada) is more volatile than most other types of crude, and subsequently, more flammable. (9) The samples that PHMSA tested from the Bakken region displayed characteristics consistent with those of a Class 3 flammable liquid, PG I or II, with a predominance to PG I, the most dangerous class of Class 3 flammable liquids . (10) The oil industry group North Dakota Petroleum Council has recommended that Bakken crude oil be labeled as PG I hazardous materials for transportation. (11) Oil from the Bakken region accounts for about 12 percent of total domestic production. (12) The National Transportation Safety Board (NTSB) has expressed concern that major loss of life, property damage and environmental consequences can occur when large volumes of crude oil or other flammable liquids are transported on a single train involved in an accident . (13) The NTSB has recommended that routes transporting hazardous materials present the fewest overall safety and security risks by avoiding populated areas. 2. Study on impact of diverting certain freight rail to avoid urban areas (a) In general Not later than 3 months after the date of enactment of this Act, the Secretary of Transportation shall make appropriate arrangements with the Transportation Research Board of the National Academies under which the Board shall conduct a study on the cost and impact of rerouting freight rail traffic containing hazardous material to avoid transportation of such hazardous material through urban areas. (b) Contents of study The study described under subsection (a) shall include— (1) the benefits of rerouting freight rail traffic containing hazardous material to alternate existing railroad routes that avoid urban areas, including benefits to the health and safety of the individuals living in such urban areas; (2) the benefits of construction of alternative railroad routes that avoid urban areas for transportation of freight rail containing hazardous material; (3) the logistical feasibility of the actions described in paragraphs (1) and (2); and (4) the costs of taking the actions described in paragraphs (1) and (2). (c) Report In entering into an arrangement under subsection (a), the Secretary shall request that the Board transmit to Congress a report on the results of the study not later than 21 months after the date of enactment of this Act. (d) Definitions (1) Hazardous material The term hazardous material has the meaning given such term in section 5102 of title 49, United States Code. (2) Urban area The term urban area means an urban area, as designated by the Bureau of the Census, with a population of greater than 30,000. (e) Authorization of appropriations There are authorized to be appropriated $850,000 to carry out this Act.
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113-hr-5869
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I 113th CONGRESS 2d Session H. R. 5869 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on the Judiciary A BILL To make an interstate act to conceal a homicide a Federal offense.
1. Short title This Act may be cited as Lynnette’s Law . 2. Concealment of homicide Chapter 51 of title 18, United States Code, is amended by adding at the end the following new section: 1123. Concealment of homicide Any person who, in violation of section 1111, 1114, 1116, or 1121 of this title, in an interstate act conceals or attempts to conceal a homicide shall be punished by imprisonment for any term of years or for life. .
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113-hr-5870
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I 113th CONGRESS 2d Session H. R. 5870 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prohibit the negotiation of trade agreements that include waivers of the Buy American Act .
1. Prohibition on negotiating trade agreements containing waivers of the Buy American Act No funds appropriated for fiscal year 2015 or any year thereafter may be used to negotiate an agreement that includes a waiver of the Buy American Act ( 41 U.S.C. 8301 et seq. ).
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113-hr-5871
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I 113th CONGRESS 2d Session H. R. 5871 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To tax capital gains at the same rate as ordinary income.
1. Short title This Act may be cited as the Dollar is a Dollar Act . 2. Repeal of capital gains tax cap Subsection (h), entitled Maximum capital gains rate , of section 1 of the Internal Revenue Code of 1986 is hereby repealed.
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113-hr-5872
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I 113th CONGRESS 2d Session H. R. 5872 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Harris introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow an annual elective surcharge in lieu of estate tax, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the American Solution for Simplifying the Estate Tax Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Congressional findings. Sec. 3. Elective simplified estate tax. Sec. 4. Carry-over basis. Sec. 5. Returns. Sec. 6. Special rule for revocation of trusts in connection with election. 2. Congressional findings Congress finds the following: (1) The current method of collecting Federal estate tax often cripples American family owned businesses, farms, and ranches by forcing the sale of ongoing concerns in order to pay tax liability arising from the death of an owner, creating inefficiencies, dislocation, and often job losses. (2) From farmers and ranchers to urban business owners, the Federal estate tax looms heavily and has a counterproductive effect on our Nation’s family owned businesses that costs numerous jobs. (3) The job losses, economic dislocation, and excessive compliance costs are not justified given the fact that the estate tax has averaged one percent of total IRS collections since 1960, with $14 billion collected in Fiscal Year 2013 (less than ½ percent of total IRS collections). (4) The Joint Economic Committee in its May 2006 study concluded that in order to avoid wealth transfer taxes, individuals’ costs of complying with the estate tax roughly equals the revenue yield of the estate tax for the U.S. Treasury. (5) The current method of collection of the estate tax leads many wealthy Americans to lock up capital in trusts to minimize or eliminate tax liability, meaning that billions of dollars are left idle instead of facilitating the creation of new business ventures that could stimulate the economy. (6) As recently as 2009, of the 34,000 estate tax returns filed that year, only half owed any estate tax, indicating that many wealthy Americans have found means to avoid paying this tax. In 2012, 9,400 Americans still had to file estate tax returns, even with the higher $5 million threshold. (7) It is in the national interest to modify the mechanism for collection of revenues from those Americans who have the largest estates, provided that it is done in a revenue neutral manner that ensures the ongoing collection of an appropriate percentage of the historical average of 1 percent of total IRS tax receipts that reflects the lower amount of estate tax revenues generated under the 2010 and 2012 amendments due to a higher exemption amount. 3. Elective simplified estate tax (a) In general Chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: D Simplified Estate Tax Sec. 2301. Simplified estate tax. Sec. 2302. Imposition and rate. Sec. 2303. Election. Sec. 2304. Seven taxable year minimum. 2301. Simplified estate tax In the case of an individual (and, if married, such individual’s spouse) who elects the application of this subchapter— (1) chapter 11 shall thereafter not apply with respect to the transfer of the estate of such individual (or such spouse), (2) chapter 13 shall thereafter not apply with respect to any generation-skipping transfer (as defined in section 2611) made by such individual (or such spouse), and (3) a tax shall be imposed by section 2302 with respect to such individual (and such spouse) for the taxable year of the election and each taxable year thereafter. 2302. Imposition and rate (a) In general The tax imposed by this section for any taxable year shall be treated as an increase in the taxpayer’s tax under chapter 1 for the taxable year by an amount equal to 1 percent of the modified adjusted gross income of the taxpayer for the taxable year. (b) Modified adjusted gross income For purposes of this section, the term modified adjusted gross income means adjusted gross income increased by— (1) any amount excluded from gross income under section 911, 931, or 933, or (2) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax. 2303. Election (a) In general Except as the Secretary shall by regulation prescribe in the case of separation, divorce, remarriage, or other circumstances the Secretary determines equitable, election for this subchapter to apply, once made, shall be irrevocable. (b) Married Couples To File Jointly If the taxpayer and the taxpayer’s spouse elect the application of this subchapter and are married (within the meaning of section 7703) at the end of the taxable year, the taxpayer and the taxpayer’s spouse shall file a joint return for the taxable year. 2304. Seven taxable year minimum (a) In general In the case of a decedent whose last taxable year is not at least the 7th taxable year for which the tax under section 2302 is imposed, the application of this subchapter shall be treated as not having been elected. (b) Transition rule for 2015 and 2016 (1) In general In the case of a decedent who first elected the application of this subchapter during 2015 or 2016, subsection (a) shall not apply if the executor of the decedent’s estate elects to increase the amount of the tax imposed under chapter 1 for the decedent’s last taxable year by an amount equal to— (A) the highest amount of tax imposed by section 2302 with respect to such decedent for any taxable year (including the decedent’s last taxable year), multiplied by (B) an amount equal to the difference of— (i) 7, over (ii) the number of taxable years for which such tax was imposed with respect to such decedent (including the decedent’s last taxable year). (2) Special rule for decedent dying during year of election In the case of a decedent to whom paragraph (1) applies and who first elected the application of this subchapter with respect to the last taxable year of the decedent, the amount under subparagraph (A) shall not be less than the amount of tax which would have been imposed by section 2302 had such election first been elected with respect to the preceding taxable year. (c) Credit for taxes paid (1) In general In the case of a decedent to which subsection (a) applies, the Secretary shall by regulation provide for allowing for a credit against the tax imposed by chapter 11 with respect to the decedent to account for any taxes paid by the decedent under section 2302. (2) Interest The amount of any credit determined under paragraph (1) with respect to any tax paid shall include interest, which shall be determined— (A) at the overpayment rate established under section 6621, and (B) from the date of payment of such tax to the due date of the amount against which the credit is allowed. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after, and estates of decedents dying after, December 31, 2014. 4. Carry-over basis (a) In general Part II of subchapter O of chapter 1 of such Code is amended by inserting after section 1021 the following new section: 1022. Treatment of property acquired from a decedent who elected simplified estate tax treatment (a) In general In the case of property acquired from a decedent who elected the application of subchapter D of chapter 11— (1) such property shall be treated for purposes of this subtitle as transferred by gift, and (2) the basis of the person acquiring property from such a decedent shall be the lesser of— (A) the adjusted basis of the decedent, or (B) the fair market value of the property at the date of the decedent’s death. (b) Property acquired from the decedent For purposes of this section, the following property shall be considered to have been acquired from the decedent: (1) Property acquired by bequest, devise, or inheritance, or by the decedent’s estate from the decedent. (2) Property transferred by the decedent during his lifetime— (A) to a qualified revocable trust (as defined in section 645(b)(1)), or (B) to any other trust with respect to which the decedent reserved the right to make any change in the enjoyment thereof through the exercise of a power to alter, amend, or terminate the trust. (3) Any other property passing from the decedent by reason of death to the extent that such property passed without consideration. . (b) Effective date The amendments made by this section shall apply with respect to estates of decedents dying after December 31, 2014. 5. Simplified estate tax returns (a) Information returns (1) In general Subpart C of part II of subchapter A of chapter 61 of such Code is amended by inserting after section 6018 the following new section: 6018A. Simplified estate tax returns (a) In general In the case of property acquired from a decedent who has in effect an election under subchapter D of chapter 11, the executor of the estate of such decedent shall make a return containing the following information with respect to such property: (1) The name and TIN of the recipient of such property. (2) An accurate description of such property. (3) The adjusted basis of such property in the hands of the decedent and its fair market value at the time of death. (4) The decedent’s holding period for such property. (5) Sufficient information to determine whether any gain on the disposition of the property would be treated as ordinary income. (b) Property acquired from decedent —For purposes of this section, section 1022 shall apply for purposes of determining the property acquired from a decedent. (c) Statements To Be Furnished to Certain Persons Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return (other than the person required to make such return) a written statement showing— (1) the name, address, and phone number of the person required to make such return, and (2) the information specified in subsection (a) with respect to property acquired from, or passing from, the decedent to the person required to receive such statement. The written statement required under the preceding sentence shall be furnished not later than 30 days after the date that the return required by subsection (a) is filed. (d) Annual beneficiary asset status return Each recipient of property with respect to whom a statement is required to be furnished under subsection (c) and who owns any such property during the taxable year shall make a return with respect to such property containing the following information: (1) An accurate description of such property. (2) An accounting of the disposition of any such property during the taxable year. (3) The adjusted basis of such property as of the later of the end of the taxable year or the date of any such disposition. (e) Excepted property (1) In general Subsections (a) and (b) shall not apply with respect to— (A) any property the fair market value of which, at the time of the decedent’s death, does not exceed $10,000, and (B) any property the basis of which was determined by reference to the fair market value of the property at the date of the decedent’s death. (2) Inflation adjustment (A) In general In the case of any calendar year after 2015, the $10,000 amount under paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) 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. (B) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. . (2) Clerical amendment The table of sections for subpart C of part II of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6018 the following new item: Sec. 6018A. Simplified estate tax returns. . (b) Time for filing returns Section 6075(a) of such Code is amended— (1) by striking Estate tax return .—Returns made and inserting the following: , Estate tax return .— (1) In general Returns made , and (2) by adding at the end the following new paragraph: (2) Simplified estate tax (A) In general Returns made under section 6018A(a) shall be filed not later than 180 days after the date of the decedent’s death. (B) Annual beneficiary asset status returns Returns made under section 6018A(d) for a taxable year shall be filed concurrently with the individual’s return of income tax for the taxable year. . (c) Penalty for Failure To File Returns (1) In general Part 1 of subchapter B of chapter 68 of such Code is amended by adding at the end the following new section: 6720D. Failure to file information with respect to simplified estate tax returns (a) Information Required To Be Filed With Secretary Any person required to furnish any information under section 6018A(a) who fails to do so on the date prescribed therfor (determined with regard to any extension of time for filing) shall pay a penalty of $10,000 for each such failure. (b) Information Required To Be Furnished to Beneficiaries Any person required to furnish in writing to each person described in section 6018A(c) the information required under such section who fails to do so shall pay a penalty of $250 for each such failure. (c) Annual information return required To be furnished by beneficiary Any person required to furnish any information under section 6018A(d) who fails to do so on the date prescribed therefor (determined with regard to any extension of time for filing) shall pay a penalty of $5,000 for each such failure. (d) Reasonable cause exception No penalty shall be imposed under subsection (a), (b), or (c) with respect to a failure if it is shown that such failure is due to reasonable cause. (e) Intentional disregard If any failure under subsection (a), (b), or (c) is due to intentional disregard of the requirements under sections 6018A, the penalty under such subsection shall be 5 percent of the fair market value as of the date of death (in the case of section 6018A(d), as of the date prescribed for furnishing such return (determined with regard to any extension of time for filing)) of the property with respect to which the information is required. (f) Deficiency Procedures Not To Apply Subchapter B of chapter 63 (relating to deficiency procedures for income, estate, gift, and certain excise taxes) shall not apply in respect of the assessment or collection of any penalty imposed by this section. . (2) Clerical amendment The table of sections for part 1 of subchapter B of chapter 68 of such Code is amended by adding at the end the following new item: Sec. 6720D. Failure to file information with respect to simplified estate tax returns. . (d) Effective date The amendments made by this section shall apply with respect to estates of decedents dying after December 31, 2014. 6. Special rule for revocation of trusts in connection with election Any revesting in the grantor of title to property held in a trust, whether by revocation, dissolution, or otherwise, shall not be subject to any tax imposed by the Internal Revenue Code of 1986 if such revesting occurs in 2015 or 2016 and is in connection with the grantor’s election for subchapter D of chapter 11 to apply.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5872ih/xml/BILLS-113hr5872ih.xml
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113-hr-5873
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I 113th CONGRESS 2d Session H. R. 5873 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Huffman introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to provide for repealing the gas tax and establishing a carbon tax on highway fuels, and for other purposes.
1. Short title This Act may be cited as the Gas Tax Replacement Act of 2014 . 2. Repeal of excise tax on gasoline and diesel fuel (a) Manufacturers tax Section 4081(a)(2)(A) of the Internal Revenue Code of 1986 is amended— (1) in clause (i) by striking 18.3 cents per gallon and inserting 0 cents per gallon , and (2) in clause (ii) by striking 24.3 cents per gallon and inserting 0 cents per gallon . (b) Retail tax Section 4041(a) of the Internal Revenue Code of 1986 is amended by striking paragraph (1). (c) Conforming amendments (1) Section 4081 of the Internal Revenue Code of 1986 is amended— (A) in subsection (a)(2) by striking subparagraph (D), (B) by striking subsection (c), and (C) in subsection (d) by striking paragraph (1). (2) Section 4041 of the Internal Revenue Code of 1986 is amended— (A) by amending the heading of subsection (a) to read as follows: Special motor fuels , and (B) in subsection (a)(2)(B)(i) by striking the rate of tax specified in section 4081(a)(2)(A)(i) which is in effect at the time of such sale or use, and inserting 18.3 cents per gallon . (d) Effective date The amendments made by this section shall apply to fuel sold or used after December 31, 2015. 3. Carbon Tax on Highway Fuels (a) In general Paragraph (1) of section 4611(c) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , and , and by inserting after subparagraph (B) the following new subparagraph: (C) the carbon dioxide equivalent rate. . (b) Rates (1) In general Paragraph (2) of section 4611(c) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , and , and by inserting after subparagraph (B) the following new subparagraph: (C) the carbon dioxide equivalent rate is— (i) $50 per metric ton (or portion thereof) of total life-cycle emissions of carbon dioxide, and (ii) an equivalent amount per metric ton (or portion thereof) of total life-cycle emissions of any other greenhouse gas determined on a ratio of the amount such other greenhouse gas per metric ton as the amount of carbon dioxide per metric ton, in the crude oil or petroleum product (as the case may be) subject to tax under subsection (a) which is to be refined into gasoline or diesel fuel. For purposes of subparagraph (C), total life-cycle emissions of carbon dioxide and other greenhouse gases shall be determined by the Administrator of the Environmental Protection Agency pursuant to section 4 of the Gas Tax Replacement Act of 2014 . . (2) Adjustment for inflation Section 4611(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (3) Carbon dioxide equivalent rate inflation adjustment (A) In general In the case of any calendar year after 2014, the dollar amount in paragraph (2)(C) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting “calendar year 2013” for “calendar year 1992” in subparagraph (B) thereof. (B) Rounding If any amount as increased under subparagraph (A) is not a multiple of $1, such amount shall be rounded to the nearest multiple of $1. . (c) Alternative fuels producer excise tax (1) In general Subchapter A of chapter 38 of the Internal Revenue Code of 1986 is amended by inserting after section 4611 the following: 4611A. Certain alternative fuels (a) General Rule There is hereby imposed a tax at the rate specified in subsection (b) on— (1) methanol, ethanol, and biodiesel produced in the United States by the producer thereof, and (2) methanol, ethanol, and biodiesel, and any blended product thereof, entered into the United States for consumption, use, or warehousing. (b) Rate of tax The rate of the tax imposed by this section is— (1) $50 per metric ton (or portion thereof) of total life-cycle emissions of carbon dioxide, and (2) an equivalent amount per metric ton (or portion thereof) of total life-cycle emissions of any other greenhouse gas determined on a ratio of the amount such other greenhouse gas per metric ton as the amount of carbon dioxide per metric ton, in methanol, ethanol, and biodiesel, and any blended product thereof, produced or entered into in the United States. For purposes of the preceding sentence, total life-cycle emissions of carbon dioxide and other greenhouse gases shall be determined by the Administrator of the Environmental Protection Agency pursuant to section 4 of the Gas Tax Replacement Act of 2014 . (c) Persons liable for tax (1) United States production The tax imposed by subsection (a)(1) shall be paid by the producer of the product on which such tax is imposed. (2) Imported products The tax imposed by subsection (a)(2) shall be paid by the person entering the product for consumption, use, or warehousing. . (2) Clerical amendment The table of sections for subchapter A of chapter 38 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 4611 the following new item: Sec. 4611A. Certain alternative fuels. . (d) Credits and payments for nontaxable uses (1) Gasoline used on farms Section 6420 of the Internal Revenue Code of 1986 is amended by inserting after subsection (g) the following: (h) Special rule for carbon dioxide equivalent rate of tax For purposes of this section, a gallon of gasoline refined from a barrel of crude oil or petroleum product on which tax was imposed under section 4611 at the carbon dioxide equivalent rate under subsection (c)(1)(C) thereof and used for a purpose described in subsection (a)— (1) shall be treated as a gallon of gasoline to which this section applies, and (2) the rate at which tax was imposed under section 4611 with respect to such gallon shall be the same fraction of so much of the tax imposed under section 4611 as is attributable to subsection (c)(1)(C) thereof on such barrel as the fraction of such gallon of gas is of the whole barrel. . (2) Gasoline used for certain nonhighway purposes, etc Section 6421 of the Internal Revenue Code of 1986 is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following: (j) Special rule for carbon dioxide equivalent rate of tax For purposes of this section, in the case of a gallon of gasoline refined from a barrel of crude oil or petroleum product on which tax was imposed under section 4611 at the carbon dioxide equivalent rate under subsection (c)(1)(C) thereof— (1) if such gallon is used for a purpose described in subsection (a) or (b) or is sold for a purpose described in subsection (c), such gallon shall be treated as a gallon of gasoline to which this section applies, and (2) the rate at which tax was imposed under section 4611 with respect to such gallon shall be the same fraction of so much of the tax imposed under section 4611 as is attributable to subsection (c)(1)(C) thereof on such barrel as the fraction of such gallon of gas is of the whole barrel. . (3) Credit for alcohol fuel, biodiesel, and alternative fuel mixtures Section 6426(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting a comma, and by inserting after paragraph (2) the following: (3) against so much of the tax imposed by section 4611 as is attributable to the carbon dioxide equivalent rate of tax under subsection (c)(1)(C) an amount equal to the credit described in subsection (c), determined on the same fraction of the amount of such tax as the number of gallons of diesel used by the taxpayer in producing any biodiesel mixture for sale or use in a trade or business of the taxpayer, and (4) against the tax imposed by section 4611A an amount equal to the sum of the credits described in subsections (b), (c), and (e), determined on the same fraction of the amount of such tax as the number of gallons of alcohol, biodiesel, or alternative fuel used by the taxpayer in producing any fuel mixture of taxable fuel. . (4) Fuels not used for taxable purposes Section 6427 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following: (p) Special rule for carbon dioxide equivalent rate For purposes of this section, in the case of a gallon of fuel refined from a barrel of crude oil or petroleum product on which tax was imposed under section 4611 at the carbon dioxide equivalent rate of tax under subsection (c)(1)(C) thereof, or produced from methanol, ethanol, or biodiesel on which tax was imposed under section 4611A, if the sale or use of such fuel would give rise to a payment under this section but for the fact that such fuel was taxed under section 4611 or 4611A and not section 4041 or 4081— (1) this section shall be applied as if such fuel had been taxed under section 4041 or 4081, and (2) the rate at which tax was imposed under section 4611 or 4611A with respect to such fuel shall be— (A) in the case of tax imposed under section 4611(c)(1)(C), the same fraction of such tax on such barrel as the fraction of a gallon of such fuel is of the whole barrel, and (B) in the case of tax imposed under section 4611A, the same fraction of the amount of such tax as the amount of fuel giving rise to a payment under this section. . (e) Effective date The amendments made by this section shall take effect on January 1, 2016. 4. Life-cycle emissions (a) Carbon dioxide emissions report Not later than the first ____ occurring at least 1 year after the date of enactment of this Act, the Administrator shall transmit to the Internal Revenue Service and make public a report on the total life-cycle emissions of carbon dioxide for each covered transportation fuel, expressed in tons of carbon dioxide emissions per barrel of fuel or an appropriate alternate measure. Such report shall take into account the differences in carbon dioxide emissions per barrel of fuel across different regions and countries due to means of resource extraction and production, transportation, and other factors, with each covered transportation fuel being as regionally specific as determined by the Administrator. (b) Addition of covered transportation fuel The Administrator shall— (1) from time to time determine which transportation fuels have achieved a sufficient share of the on-road transportation fuel market to warrant being considered a covered transportation fuel, and (2) update the report transmitted under subsection (a), and transmit such updated report to Congress, with the specifications on the total life-cycle emissions of carbon dioxide and other greenhouse gases for each fuel newly determined under paragraph (1) to be considered a covered transportation fuel. (c) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Biofuel The term biofuel means the biofuel component of a transportation fuel. (3) Covered transportation fuel The term covered transportation fuel means gasoline, diesel fuel, biofuel, and any other fuel the Administrator determines has achieved a sufficient share of the on-road transportation fuel market to warrant regulation under this section. (4) Greenhouse gas The term greenhouse gas has the same meaning given the term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)). (5) Life-cycle emissions The term life-cycle emissions means emissions from all activities included in the production, transport, storage, and use of a fuel, including land use changes, means of resource extraction and production, transportation systems, and leakages.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5873ih/xml/BILLS-113hr5873ih.xml
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113-hr-5874
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I 113th CONGRESS 2d Session H. R. 5874 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Israel 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 increase criminal penalties for the sale or trade of prescription drugs knowingly caused to be adulterated or misbranded, to establish recall authority regarding drugs, and for other purposes.
1. Short title This Act may be cited as Tim Fagan’s Law or the Counterfeit Drug Enforcement Act of 2014 . 2. Sale or trade of prescription drugs knowingly caused to be adulterated or misbranded; misrepresentation as approved drugs (a) Criminal penalty Section 303(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333(a) ) is amended by adding at the end the following paragraphs: (3) Notwithstanding paragraph (1) or (2), in the case of a person who violates subsection (a), (b), or (c) of section 301 with respect to a drug that is subject to section 503(b)(1)(B), if the person knowingly caused the drug to be adulterated or misbranded and sells or trades the drug, or the person purchases or trades for the drug knowing or having reason to know that the drug was knowingly caused to be adulterated or misbranded, the person shall be fined in accordance with title 18, United States Code, or imprisoned for any term of years or for life, or both. (4) Notwithstanding paragraph (1) or (2), in the case of a person who violates section 301(d) with respect to a drug, if the person caused the drug to be misrepresented as a drug that is subject to section 503(b)(1)(B) and for which an approved application is in effect under section 505 and the person sells or trades the drug, or the person purchases or trades for the drug knowing or having reason to know that the drug was knowingly caused to be so misrepresented, the person shall be fined in accordance with title 18, United States Code, or imprisoned for any term of years or for life, or both. . (b) Notification of Food and Drug Administration by manufacturers Section 505(k) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(k) ) is amended by adding at the end the following paragraph: (6) A manufacturer of a drug that receives or otherwise becomes aware of information that reasonably suggests that a violation described in paragraph (3) or (4) of section 303(a) may have occurred with respect to the drug shall report such information to the Secretary not later than 48 hours after first receiving or otherwise becoming aware of the information. . 3. Use of technologies for preventing counterfeiting of drugs Section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended by adding at the end the following: (dd) If it is a drug and it is not manufactured in accordance with any regulations of the Secretary requiring the use of technologies that the Secretary has determined are technically feasible and will assist in preventing violations of this Act to which paragraphs (3) and (4) of section 303(a) apply (relating to the knowing adulteration or misbranding of drugs and the knowing misrepresentation of drugs). . 4. Counterfeit drugs; increased funding for inspections, examinations, and investigations For the purpose of increasing the capacity of the Food and Drug Administration to conduct inspections, examinations, and investigations under the Federal Food, Drug, and Cosmetic Act with respect to violations described in paragraphs (3) and (4) of section 303(a) of such Act, there is authorized to be appropriated $60,000,000 for each of the fiscal years 2015 through 2018, in addition to other authorizations of appropriations that are available for such purpose. 5. Public education regarding counterfeit drugs (a) In general The Secretary of Health and Human Services shall carry out a program to educate the public and health care professionals on counterfeit drugs, including techniques to identify drugs as counterfeit. (b) Authorization of appropriations For the purpose of carrying out subsection (a), there is authorized to be appropriated $5,000,000 for each of the fiscal years 2015 through 2018, in addition to other authorizations of appropriations that are available for such purpose. 6. Recall authority regarding drugs Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by inserting after section 506F the following section: 506G. Recall authority (a) Order To cease distribution of drug; notification of health professionals (1) In general If the Secretary finds that a drug intended for human use may constitute a threat to the public health, the Secretary shall issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug)— (A) to immediately cease distribution of the drug; and (B) to immediately notify health professionals of the order and to instruct such professionals to cease administering, distributing, selling, or prescribing the drug. (2) Informal hearing An order under paragraph (1) shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than 10 days after the date of the issuance of the order, on the actions required by the order and on whether the order should be amended to require a recall of the drug involved. If, after providing an opportunity for such a hearing, the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall vacate the order. (b) Order To recall drug (1) In general If, after providing an opportunity for an informal hearing under subsection (a)(2), the Secretary determines that the order should be amended to include a recall of the drug with respect to which the order was issued, the Secretary shall, except as provided in paragraphs (2) and (3), amend the order to require a recall. The Secretary shall specify a timetable in which the drug recall will occur and shall require periodic reports to the Secretary describing the progress of the recall. (2) Certain actions An amended order under paragraph (1)— (A) shall not require recall of a drug from individuals; and (B) shall provide for notice to individuals subject to the risks associated with the use of the drug. (3) Assistance of health professionals In providing the notice required by paragraph (2)(B), the Secretary may use the assistance of health professionals who administered the drug involved to individuals or prescribed the drug for individuals. If a significant number of such individuals cannot be identified, the Secretary shall notify such individuals pursuant to section 705(b). . 7. Authority to issue subpoenas with respect to preventing threats to the public health Section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333(a) ) is amended by adding at the end the following subsection: (h) The Secretary and the Attorney General shall develop and implement a procedure through which the Chief Counsel in the Food and Drug Administration is authorized to issue subpoenas regarding investigations under this Act of acts or omissions that may constitute a threat to the public health, including investigations of alleged violations to which paragraph (3) or (4) of subsection (a) apply and alleged violations with respect to which the Secretary is considering the use of authorities under section 304. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5874ih/xml/BILLS-113hr5874ih.xml
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113-hr-5875
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I 113th CONGRESS 2d Session H. R. 5875 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Kind (for himself and Mr. Reichert ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to encourage retirement savings by modifying requirements with respect to employer-established IRAs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Small Businesses Add Value for Employees Act of 2014 or the SAVE Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Elimination of restriction on SIMPLE IRA rollovers. Sec. 3. Allowing mid-year SIMPLE IRA plan termination. Sec. 4. Elimination of higher penalty on early SIMPLE IRA distributions. Sec. 5. Increase in contributions allowed for SIMPLE IRA. Sec. 6. SIMPLE 401(k) parity for additional nonelective employer contributions. Sec. 7. Automatic deferral IRAs. Sec. 8. Modification of automatic enrollment safe harbor. Sec. 9. Secure deferral arrangements. Sec. 10. Credit for employers with respect to modified safe harbor requirements. Sec. 11. Modification of regulations. Sec. 12. Limited transfer of unused balance in flexible spending arrangement. Sec. 13. Prior years compensation taken into account in determining maximum retirement savings deduction. Sec. 14. Expanding small employer pension plan startup cost credit. Sec. 15. Financial education. Sec. 16. Small employer plans. Sec. 17. Modification of ERISA rules relating to multiple employer defined contribution plans. Sec. 18. Clarification of treatment of individual retirement plans with payroll deduction. Sec. 19. Disclosure regarding lifetime income. Sec. 20. Lifetime income safe harbor. 2. Elimination of restriction on SIMPLE IRA rollovers (a) In general Paragraph (3) of section 408(d) of the Internal Revenue Code of 1986 (relating to rollover contribution) is amended by striking subparagraph (G). (b) Effective date The amendment made by this section shall apply to distributions in taxable years beginning after the date of the enactment of this Act. 3. Allowing mid-year SIMPLE IRA plan termination (a) In general Subsection (p) of section 408 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (11) Special rules relating to mid-year termination (A) In general An employer may elect to terminate (in such form and manner as the Secretary may provide) the qualified salary reduction arrangement of the employer at any time during the year. (B) Proration and application of qualified plan limitation In the case of a year during which an employer terminates a qualified salary reduction arrangement before the end of such year— (i) the applicable dollar amount determined under paragraph (2)(E) for such year and the applicable dollar amount determined under section 414(v)(2)(B)(ii) for such year shall both be prorated to the date of such termination, (ii) for purposes of determining the compensation of an employee for such arrangement for such year, the year of such termination shall be treated as ending on the date of such termination, and (iii) subparagraph (D) of paragraph (2) shall not apply with respect to a qualified plan maintained in such year only after the date of such termination. (C) Matching contribution Termination of an arrangement under subparagraph (A) shall not be construed to modify the requirement of subparagraph (A)(iii) (with respect to any elective employer contributions) or (B) (with respect to nonelective contributions) of paragraph (2) made by the employer on behalf of an employee during the portion of such year the qualified salary reduction arrangement is in effect. . (b) Effective date The amendments made by this section shall apply to years beginning after the date of the enactment of this Act. 4. Elimination of higher penalty on early SIMPLE IRA distributions (a) In general Subsection (t) of section 72 of the Internal Revenue Code of 1986 (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by striking paragraph (6). (b) Effective date The amendment made by this section shall apply to distributions in taxable years beginning after the date of the enactment of this Act. 5. Increase in contributions allowed for SIMPLE IRA (a) Additional nonelective employer contributions allowed (1) In general Subparagraph (A) of section 408(p)(2) of the Internal Revenue Code of 1986 (relating to qualified salary reduction arrangement) is amended by striking and at the end of clause (iii), by redesignating clause (iv) as clause (v), and by inserting after clause (iii) the following new clause: (iv) the employer may make, in addition to any other contribution under this paragraph, nonelective contributions which meet the requirements of subparagraph (F), and . (2) Requirements relating to additional nonelective contributions Paragraph (2) of section 408(p) of such Code is amended by adding at the end the following new subparagraph: (F) Requirements relating to additional nonelective contributions under subparagraph (A)(iv) (i) In general Nonelective contributions meet the requirements of this subparagraph if— (I) such contributions do not exceed more than 10 percent of compensation (subject to the limitation described in subparagraph (B)(ii)) for each employee who is eligible to participate in the arrangement and who has at least $5,000 of compensation from the employer for the year, and (II) such contributions are made either as a uniform percentage of compensation or a uniform dollar amount for all participants. (ii) Permitted disparity rules not applicable Section 401(l) shall not apply for purposes of determining whether the requirements of clause (i) are met. . (3) Conforming amendment Clause (v) of section 408(p)(2)(A) of such Code, as redesignated by this section, is amended by striking clause (i) or (iii) and inserting clause (i), (iii), or (iv) . (b) Increase in elective contribution limitation Subparagraph (E) of section 408(p)(2) is amended to read as follows: (E) Applicable dollar amount For purposes of subparagraph (A)(ii), the applicable dollar amount shall be the applicable dollar amount in effect under section 402(g)(1). . (c) SIMPLE IRA subject to defined contribution plan limitation Subsection (p) of section 408 of such Code, as amended by section 3, is amended by adding at the end the following new paragraph: (12) Subject to defined contribution plan limitation An arrangement shall not be treated as a qualified salary reduction arrangement for any year if contributions with respect to any employee for the year exceed the limitation of paragraph (1) of section 415(c) (relating to limitation for defined contribution plans). . (d) Effective date The amendments made by this section shall apply to contributions for taxable years beginning after December 31, 2015. 6. SIMPLE 401(k) parity for additional nonelective employer contributions (a) In general Subparagraph (B) of section 401(k)(11) of such Code (relating to contribution requirements) is amended by adding at the end the following new clause: (iv) Special rule for additional nonelective employer contributions An arrangement shall not be treated as failing to meet the requirements of this subparagraph merely because under such arrangement the employer makes, in addition to any other contribution under this subparagraph, nonelective contributions of not more than 10 percent of compensation for each employee who is eligible to participate in the arrangement and who has at least $5,000 of compensation from the employer for the year. . (b) Effective date The amendment made by this section shall apply to plan years beginning after December 31, 2015. 7. Automatic deferral IRAs (a) In general Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit-sharing, stock bonus plans, etc.) is amended by inserting after section 408A the following new section: 408B. Automatic deferral IRAs (a) In general An automatic deferral IRA shall be treated for purposes of this title in the same manner as an individual retirement plan. An automatic deferral IRA may also be treated as a Roth IRA for purposes of this title if it meets the requirements of section 408A. (b) Automatic deferral IRA For purposes of this section, the term automatic deferral IRA means an individual retirement plan (as defined in section 7701(a)(37)) with respect to which contributions are made under an arrangement which satisfies the requirements of paragraphs (1) through (4) of subsection (c). (c) Automatic deferral IRA arrangements (1) Enrollment (A) In general The requirements of this paragraph are met if each employee eligible to participate in the arrangement is treated as having elected to have the employer make payments as elective contributions to an automatic deferral IRA on behalf of such employee (which would have otherwise been made to the employee directly in cash) in an amount equal to so much of a qualified percentage of compensation of such employee as does not exceed the deductible amount for such year (within the meaning of section 219(b)). (B) Eligibility For purposes of subparagraph (A), an employee is eligible to participate if such employee has at least $5,000 of compensation from the employer for the preceding year. (C) Election out The election treated as having been made under subparagraph (A) shall cease to apply with respect to any employee who makes an affirmative election— (i) to not have such elective contributions made, or (ii) not later than the close of the 30-day period beginning on the date of the first contribution with respect to such employee, to make elective contributions at a level specified in such affirmative election. (D) Qualified percentage For purposes of this paragraph, the term qualified percentage means, with respect to any employee, any percentage determined under the arrangement if such percentage is applied uniformly, does not exceed 15 percent, and is at least— (i) 3 percent during the period ending on the last day of the first plan year which begins after the date on which the first elective contribution described in subparagraph (A) is made with respect to such employee, and (ii) during any subsequent plan year, a percentage equal to— (I) 3 percent, plus (II) 1 percent multiplied by the number of plan years (but not more than 12) beginning after the plan year described in clause (i). (2) Notice (A) In general The requirements of this paragraph are met if, within a reasonable period before the first day an employee is eligible to participate in the arrangement, the employee receives written notice of the employee’s rights and obligations under the arrangement which— (i) is sufficiently accurate and comprehensive to apprise the employee of such rights, and (ii) is written in a manner calculated to be understood by the average employee to whom the arrangement applies. (B) Timing and content A notice shall not be treated as meeting the requirements of subparagraph (A) with respect to an employee unless— (i) the notice explains the employee’s right to elect not to have elective contributions made on the employee's behalf (or to elect to have such contributions made at a different percentage), (ii) the notice explains how contributions made under the arrangement will be invested in the absence of any investment election by the employee, and (iii) the employee has a reasonable period of time after receipt of the notice described in clauses (i) and (ii) and before the first elective contribution is made to make either such election. (3) Default investment arrangement The requirements of this paragraph are met if— (A) in the absence of an investment election by the employee with respect to the employee’s interest in the trust, such interest is invested as provided in regulations prescribed pursuant to subparagraph (A) of section 404(c)(5) of the Employee Retirement Income Security Act of 1974, and (B) the employer provides each employee who has an interest in the trust, notice which meets the requirements of subparagraph (B) of such section. (4) Administrative requirements The requirements of this paragraph are met if— (A) an employer must make— (i) the elective contributions under paragraph (1)(A) not later than the close of the 30-day period following the last day of the month with respect to which the contributions are to be made, and (ii) a payment of interest at the overpayment rate (as determined under section 6621(a)) on any such elective contribution made after the end of the period specified in clause (i), (B) an employee may elect to terminate participation in the arrangement at any time during the year, except that if the employee so terminates, the arrangement may provide that the employee may not elect to resume participation until the beginning of the next year, and (C) each employee eligible to participate may elect, during the 30-day period before the beginning of any year, or to modify the amount subject to such arrangement, for such year. . (b) Failure To Make Timely Contributions Chapter 43 of such Code is amended by adding at the end the following: 4980J. Failure to make timely contributions under Automatic deferral IRAs (a) Initial tax If at any time during any taxable year an employer maintains an automatic deferral IRA which is part of a plan to which section 408B applies, there is hereby imposed on the employer for the taxable year a tax equal to 10 percent of the aggregate required contributions to such automatic deferral IRA for all plan years that are not paid by the date specified in section 408B(c)(4)(A)(i) and that remain unpaid as of the end of any plan year ending with or within the taxable year. (b) Additional tax If a tax is imposed under subsection (a) on any unpaid required contribution and such amount remains unpaid as of the close of the taxable period, there is hereby imposed a tax equal to 100 percent of the unpaid required contribution to the extent not so paid or corrected. (c) Limitations on amount of tax (1) Tax not to apply where failure not discovered exercising reasonable diligence No tax shall be imposed by subsection (a) on any failure during any period for which it is established to the satisfaction of the Secretary that the employer did not know, and exercising reasonable diligence would not have known, that such failure existed. (2) Tax not to apply to failures corrected within 30 days No tax shall be imposed by subsection (a) on any failure if— (A) such failure was due to reasonable cause and not to willful neglect, and (B) such failure is corrected during the 30-day period beginning on the 1st date the employer knew, or exercising reasonable diligence would have known, that such failure existed. (3) Waiver by Secretary In the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that the payment of such tax would be excessive relative to the failure involved. . (c) Preemption of conflicting State laws Any law of a State shall be superseded if it would directly or indirectly prohibit or restrict an employer from creating or maintaining an automatic deferral IRA (as defined in section 408B of the Internal Revenue Service of 1986). (d) Clerical amendment The table of sections for subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to 408A the following new item: 408B. Automatic deferral IRAs. . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2015. 8. Modification of automatic enrollment safe harbor (a) In general (1) Removal of 10 percent cap Clause (iii) of section 401(k)(13)(C) of the Internal Revenue Code of 1986 is amended by striking , does not exceed 10 percent, and is at least and inserting and is . (2) Conforming amendments (A) Subclause (I) of section 401(k)(13)(C)(iii) of such Code is amended by striking 3 percent and inserting at least 3 percent, but not greater than 10 percent, . (B) Subclause (II) of section 401(k)(13)(C)(iii) of such Code is amended by striking 4 percent and inserting at least 4 percent, but not greater than 15 percent, . (C) Subclause (III) of section 401(k)(13)(C)(iii) of such Code is amended by striking 5 percent and inserting at least 5 percent . (D) Subclause (IV) of section 401(k)(13)(C)(iii) of such Code is amended by striking 6 percent and inserting at least 6 percent . (b) Effective date The amendments made by this section shall apply to plan years beginning after the date of enactment of this Act. 9. Secure deferral arrangements (a) In general Subsection (k) of section 401 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (14) Alternative method for secure deferral arrangements to meet nondiscrimination requirements (A) In general A secure deferral arrangement shall be treated as meeting the requirements of paragraph (3)(A)(ii). (B) Secure deferral arrangement For purposes of this paragraph, the term secure deferral arrangement means any cash or deferred arrangement which meets the requirements of subparagraphs (C), (D), and (E) of paragraph (13), except as modified by this paragraph. (C) Qualified percentage For purposes of this paragraph, with respect to any employee, the term qualified percentage means, in lieu of the meaning given such term in paragraph (13)(C)(iii), any percentage determined under the arrangement if such percentage is applied uniformly and is— (i) at least 6 percent, but not greater than 10 percent, during the period ending on the last day of the first plan year which begins after the date on which the first elective contribution described in paragraph (13)(C)(i) is made with respect to such employee, (ii) at least 8 percent during the first plan year following the plan year described in clause (i), and (iii) at least 10 percent during any subsequent plan year. (D) Matching contributions (i) In general For purposes of this paragraph, an arrangement shall be treated as having met the requirements of paragraph (13)(D)(i) if and only if the employer makes matching contributions on behalf of each employee who is not a highly compensated employee in an amount equal to the sum of— (I) 100 percent of the elective contributions of the employee to the extent that such contributions do not exceed 1 percent of compensation, (II) 50 percent of so much of such contributions as exceed 1 percent but do not exceed 6 percent of compensation, plus (III) 25 percent of so much of such contributions as exceed 6 percent but do not exceed 10 percent of compensation. (ii) Application of rules for matching contributions The rules of clause (ii) of paragraph (12)(B) and clauses (iii) and (iv) of paragraph (13)(D) shall apply for purposes of clause (i) but the rule of clause (iii) of paragraph (12)(B) shall not apply for such purposes. The rate of matching contribution for each incremental deferral must be at least as high as the rate specified in clause (i), and may be higher, so long as such rate does not increase as an employee’s rate of elective contributions increases. . (b) Matching contributions and employee contributions Subsection (m) of section 401 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (13) as paragraph (14) and by inserting after paragraph (12) the following new paragraph: (13) Alternative method for secure deferral arrangements A defined contribution plan shall be treated as meeting the requirements of paragraph (2) with respect to matching contributions and employee contributions if the plan— (A) is a secure deferral arrangement (as defined in subsection (k)(14)), (B) meets the requirements of clauses (ii) and (iii) of paragraph (11)(B), and (C) provides that matching contributions on behalf of any employee may not be made with respect to an employee’s contributions or elective deferrals in excess of 10 percent of the employee’s compensation. . (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2015. 10. Credit for employers with respect to modified safe harbor requirements (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Credit for small employers with respect to modified safe harbor requirements for automatic contribution arrangements (a) General rule For purposes of section 38, in the case of a small employer, the safe harbor adoption credit determined under this section for any taxable year is the amount equal to the total of the employer's matching contributions under section 401(k)(14)(D) during the taxable year on behalf of employees who are not highly compensated employees, subject to the limitations of subsection (b). (b) Limitations (1) Limitation with respect to compensation The credit determined under subsection (a) with respect to contributions made on behalf of an employee who is not a highly compensated employee shall not exceed 2 percent of the compensation of such employee for the taxable year. (2) Limitation with respect to years of participation Credit shall be determined under subsection (a) with respect to contributions made on behalf of an employee who is not a highly compensated employee only during the first 5 years such employee participates in the qualified automatic contribution arrangement. (c) Definitions (1) In general Any term used in this section which is also used in section 401(k)(14) shall have the same meaning as when used in such section. (2) Small employer The term small employer means an eligible employer (as defined in section 408(p)(2)(C)(i)). (d) Denial of double benefit No deduction shall be allowable under this title for any contribution with respect to which a credit is allowed under this section. . (b) Credit To be part of general business credit Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended— (1) by striking plus at the end of paragraph (35), (2) by striking the period at the end of paragraph (36) and inserting , plus , and (3) by adding at the end the following new paragraph: (37) the safe harbor adoption credit determined under section 45S. . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 45R the following new item: Sec. 45S. Credit for small employers with respect to modified safe harbor requirements for automatic contribution arrangements. . (d) Effective date The amendments made by this section shall apply to taxable years that include any portion of a plan year beginning after December 31, 2015. 11. Modification of regulations The Secretary of the Treasury shall promulgate regulations or other guidance that— (1) simplify and clarify the rules regarding the timing of participant notices required under section 401(k)(13)(E) of the Internal Revenue Code of 1986, with specific application to— (A) plans that allow employees to be eligible for participation immediately upon beginning employment, and (B) employers with multiple payroll and administrative systems, and (2) simplify and clarify the automatic escalation rules under sections 401(k)(13)(C)(iii) and 401(k)(14)(C) of the Internal Revenue Code of 1986 in the context of employers with multiple payroll and administrative systems. Such regulations or guidance shall address the particular case of employees within the same plan who are subject to different notice timing and different percentage requirements, and provide assistance for plan sponsors in managing such cases. 12. Limited transfer of unused balance in flexible spending arrangement (a) In general Section 125 of the Internal Revenue Code of 1986 is amended by redesignating subsections (k) and (l) as subsections (l) and (m), respectively, and by inserting after subsection (h) the following new subsection: (k) Special rule for unused benefits in flexible spending arrangements (1) In general For purposes of this title, a plan or other arrangement shall not fail to be treated as a cafeteria plan or flexible spending arrangement merely because such arrangement provides for qualified retirement distributions. (2) Qualified retirement distribution (A) In general For purposes of this section, the term qualified retirement distribution means any distribution to an individual of all or a portion of the employee’s account under such arrangement, but only to the extent— (i) the amount does not exceed the lesser of— (I) $250, or (II) the unused benefits with respect to the arrangement, and (ii) the amount received is paid in the form of a direct trustee-to-trustee transfer to a qualified retirement plan (as defined in section 4974(c)), or an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), maintained by the same employer as the employer maintaining the cafeteria plan or flexible spending arrangement of the individual. (B) Unused benefits For purposes of this paragraph, the term unused benefits means, with respect to an employee, the excess of— (i) the maximum amount of reimbursement allowable to the employee during a plan year under a flexible spending arrangement, over (ii) the actual amount of reimbursement during such year under such arrangement. (C) Special rules for treatment of contributions to retirement plans For purposes of this title, qualified retirement distributions— (i) shall be treated as elective deferrals (as defined in section 402(g)(3)) under an annuity contract described in section 403(b), (ii) shall be treated as elective deferrals (as so defined) in the case of contributions to a qualified cash or deferred arrangement (as defined in section 401(k)) under a plan which is described in section 401(a) which includes a trust which is exempt from tax under section 501(a), (iii) shall be treated as deferred compensation in the case of contributions to an eligible deferred compensation plan (as defined in section 457(b)) maintained by an employer described in section 457(e)(1)(A), and (iv) shall be treated in the manner designated for purposes of section 408 or 408A in the case of contributions to an individual retirement plan. . (b) Effective date The amendments made by this section shall apply to plan years ending after the date of the enactment of this Act. 13. Prior years compensation taken into account in determining maximum retirement savings deduction (a) In general Subparagraph (B) of section 219(b)(1) of the Internal Revenue Code of 1986 is amended by inserting or the preceding taxable year after such taxable year . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 14. Expanding small employer pension plan startup cost credit (a) In general (1) Including startup costs for employer-established IRAs Paragraph (2) of section 45E(d) of the Internal Revenue Code of 1986 (defining eligible employer plan) is amended by striking means a qualified employer plan and all that follows and inserting: means— (A) a qualified employer plan within the meaning of section 4972(d), and (B) a plan of which an automatic deferral IRA described in section 408B is a part. . (2) Additional credit amount (A) In general Subsection (a) of section 45E of such Code is amended by striking 50 percent of and all that follows and inserting the sum of— (1) the applicable percentage of the qualified startup costs paid or incurred by the taxpayer during the taxable year, plus (2) $25 multiplied by the number of employees of the employer who participate in any eligible employer plan of the employer for the first time in such taxable year. . (B) Applicable percentage Subsection (d) of section 45E of such Code is amended by adding at the end the following new paragraph: (4) Applicable percentage The applicable percentage is— (A) in the case of a plan described in subsection (d)(2)(A), 75 percent, or (B) in the case of a plan described in subsection (d)(2)(B), 50 percent. . (C) Conforming amendment Paragraph (2) of section 45E(c) of such Code (defining eligible employer) is amended— (i) by striking qualified employer plan in each place it appears and inserting eligible employer plan , and (ii) by striking qualified in the heading thereof and inserting eligible . (3) Increased limitation Paragraph (1) of section 45E(b) of such Code is amended by striking $500 and inserting $750 ($2,000 in the case of qualified startup costs attributable to a plan described in subsection (d)(2)(A)) . (b) Effective date The amendment made by this section shall apply to costs paid or incurred in taxable years beginning after the date of the enactment of this Act. 15. Financial education (a) Retirement plan education for small businesses Not later than 6 months after the date of the enactment of this Act— (1) the Department of the Treasury Office of Financial Education, in consultation with the Department of Labor, shall develop and implement an outreach plan to educate small businesses on the types of retirement plans available and the benefits and requirements of such plans, and (2) the Secretary of the Treasury and the Secretary of Labor shall develop recommendations for small businesses in order to improve retirement outcomes. Such recommendations shall take into account established behavioral trends of employee investment and the effect of default design features such as auto escalation, expansion of auto rollovers, auto diversification for near retirees, and automatic forms of distribution. (b) Financial literacy (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Education, shall develop sample age-appropriate curricula to be made available for financial literacy education in elementary and secondary schools. (2) Content of curricula Such curricula shall include the following: (A) How to balance a checkbook, read a credit card statement, and calculate interest rates. (B) What a pay stub is and why Federal and State income taxes and Social Security and Medicare taxes are withheld from wages. (C) The differences between various types of bank accounts. (D) The significance of a credit score and how to read credit reports. (E) The marketing techniques frequently used by individuals and businesses to attract patrons. (F) The importance of saving for college and retirement, including the various methods for saving such as traditional pensions, 401(k)s, and IRAs. 16. Small employer plans (a) In general Paragraph (11) of section 401(k) of the Internal Revenue Code of 1986 is amended by adding the following at the end thereof: (E) Deferral only small employer plan (i) In general In the case of a plan described in clause (ii)— (I) the amount described in subparagraph (B)(i)(I) shall be $10,000, in lieu of the amount in effect under section 408(p)(2)(A)(ii), (II) such $10,000 amount shall, in the case years beginning after December 31, 2016, be adjusted as described in section 408(p)(2)(E)(ii) except that the base period taken into account shall be the calendar quarter beginning July 1, 2015, (III) subclause (II) of subparagraph (B)(i) and clause (ii) of subparagraph (B) shall not apply, and (IV) section 414(v) shall not apply. (ii) Plan described A plan is described in this clause if the plan satisfies the following requirements: (I) Such plan satisfies the requirements of this paragraph, as modified by clause (i). (II) The plan includes a qualified automatic contribution arrangement, as defined in paragraph (13), except that subparagraph (D) of paragraph (13) shall not apply and the qualified percentage shall be determined by reference to subclauses (I), (II), (III), and (IV) of paragraph (13)(C)(iii). (III) The plan does not permit any participant or beneficiary to receive or maintain a loan from the plan. (IV) The plan does not permit hardship distributions described in paragraph (2)(B)(i)(IV) except to the extent any such distribution is deemed, under regulations prescribed by the Secretary, to be on account of an immediate and heavy financial need of the employee and necessary to satisfy an immediate and heavy financial need of the employee. (V) The plan is maintained pursuant to a model plan document published by the Secretary. . (b) Simplification (1) Model plan Within one year of the date of the enactment of this Act, the Secretary of the Treasury shall publish a model plan that may be used to satisfy the requirement of subclause (V) of section 401(k)(11)(E)(ii) of the Internal Revenue Code of 1986. (2) Protection against loss Within 120 days of the date of the enactment of this Act, the Secretary of Labor shall amend Department of Labor Regulation section 2550.404c–5(e)(4)(iv)(B) so that, in the case of a plan described in section 401(k)(11)(E) of such Code four years shall be substituted for 120 days . (3) Clarifying duties and reducing burdens for multiple employer plans Within one year of the date of the enactment of this Act, the Secretary of Labor shall— (A) publish rules clarifying the extent to which the fiduciary duties, if any, of a participating employer fiduciary with respect to a plan described in section 413(c) of such Code are limited to— (i) the selection and monitoring of the named fiduciary, and (ii) the investment and management of the portion of the plan’s assets attributable to employees of the employer to the extent not otherwise delegated to another fiduciary, and (B) prescribe interim final regulations providing simplified means by which plans described in section 413(c) of such Code may satisfy the requirements of sections 102, 103, and 105 of the Employee Retirement Income Security Act of 1974. For purposes of this paragraph, the term participating employer fiduciary means the participating employer, any employee of such participating employer that serves as fiduciary, any committee of such employees, and any other person whose fiduciaries duties with respect to the plan relate solely to the participating employer and not to the operation of the plan with respect to all participating employers. (4) Elimination of disincentive to pooling Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe final regulations under which a plan described in section 413(c) of such Code may be treated as satisfying the qualification requirements of section 401(a) of such Code despite the violation of such requirements with respect to one or more participating employers without regard to whether such violation continues. Solely for this purpose, a plan shall be treated as violating the qualification requirements of section 401(a) of such Code with respect to a participating employer if such employer has failed to provide the plan sponsor with the information needed to comply with such requirements and such failure has continued over a period of time that clearly demonstrates a lack of commitment to compliance. Such rules may require that the portion of the plan attributable to such participating employers be spun off to plans maintained by such employers. (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to years beginning after December 31, 2015. (2) Exception Subsection (b) shall apply as of the date of the enactment of this Act. 17. Modification of ERISA rules relating to multiple employer defined contribution plans (a) In general (1) Requirement of common interest Section 3(2) of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following: (C) (i) A qualified multiple employer plan shall not fail to be treated as an employee pension benefit plan or pension plan solely because the employers maintaining the plan share no common interest. (ii) For purposes of this subparagraph, the term qualified multiple employer plan means a plan described in section 413(c) of the Internal Revenue Code of 1986 which— (I) is an individual account plan with respect to which the requirements of clauses (iii), (iv), and (v) are met, and (II) includes in its annual report required to be filed under section 104(a) the name and identifying information of each employer maintaining the plan. (iii) The requirements of this clause are met if, under the plan, each employer maintaining the plan retains fiduciary responsibility for— (I) the selection and monitoring of the named fiduciary, and (II) the investment and management of the portion of the plan's assets attributable to employees of the employer to the extent not otherwise delegated to another fiduciary. (iv) The requirements of this clause are met if, under the plan, an employer maintaining the plan is not subject to unreasonable restrictions, fees, or penalties by reason of ceasing to maintain, or otherwise transferring assets from, the plan. (v) The requirements of this clause are met if each employer maintaining the plan is an eligible employer as defined in section 408(p)(2)(C)(i) of the Internal Revenue Code of 1986, applied— (I) by substituting 500 for 100 in subclause (I) thereof, (II) by substituting 5 for 2 each place it appears in subclause (II) thereof, and (III) without regard to the last sentence of subclause (II) thereof. . (2) Simplified reporting for small multiple employer plans Section 104(a) of such Act ( 29 U.S.C. 1024(a) ) is amended by adding at the end the following: (7) (A) In the case of any eligible small multiple employer plan, the Secretary may by regulation waive the requirement under section 103(a)(3) to engage an independent qualified public accountant in cases where the Secretary determines it appropriate. (B) For purposes of this paragraph, the term eligible small multiple employer plan means, with respect to any plan year— (i) a qualified multiple employer plan, as defined in section 3(2)(C)(ii), or (ii) any other plan described in section 413(c) of the Internal Revenue Code of 1986 that satisfies the requirements of clause (v) of section 3(2)(C). . (b) Conforming amendment Section 3(2)(A) of such Act is amended by striking Except as provided in subparagraph (B) and inserting Except as provided in subparagraphs (B) and (C) . (c) Effective date The amendments made by this section shall apply to years beginning after December 31, 2015. 18. Clarification of treatment of individual retirement plans with payroll deduction (a) In general Section 3(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(2) ), as amended by this Act, is amended by adding at the end the following new subparagraph: (E) Neither an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) nor an automatic deferral IRA arrangement (as described in section 408B of such Code) maintained in connection with any such individual retirement plan shall be considered a pension plan merely because an employer establishes a payroll deduction program for the purpose of enabling employees to make voluntary contributions to such account or annuity. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 19. Disclosure regarding lifetime income (a) In general Subparagraph (B) of section 105(a)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)(2)) is amended— (1) in clause (i), by striking and at the end; (2) in clause (ii), by striking diversification. and inserting diversification, and ; and (3) by inserting at the end the following: (iii) the lifetime income disclosure described in subparagraph (D)(i). In the case of pension benefit statements described in clause (i) of paragraph (1)(A), a lifetime income disclosure under clause (iii) of this subparagraph shall only be required to be included in one pension benefit statement during any one 12-month period. . (b) Lifetime income Paragraph (2) of section 105(a) of such Act ( 29 U.S.C. 1025(a) ) is amended by adding at the end the following new subparagraph: (D) Lifetime income disclosure (i) In general (I) Disclosure A lifetime income disclosure shall set forth the lifetime income stream equivalent of the total benefits accrued with respect to the participant or beneficiary. (II) Lifetime income stream equivalent of the total benefits accrued For purposes of this subparagraph, the term lifetime income stream equivalent of the total benefits accrued means the amount of monthly payments the participant or beneficiary would receive if the total accrued benefits of such participant or beneficiary were used to provide lifetime income streams described in subclause (III), based on assumptions specified in rules prescribed by the Secretary. (III) Lifetime income streams The lifetime income streams described in this subclause are a qualified joint and survivor annuity (as defined in section 205(d)), based on assumptions specified in rules prescribed by the Secretary, including the assumption that the participant or beneficiary has a spouse of equal age, and a single life annuity. Such lifetime income streams may have a term certain or other features to the extent permitted under rules prescribed by the Secretary. (ii) Model disclosure Not later than 1 year after the date of the enactment of the Lifetime Income Disclosure Act , the Secretary shall issue a model lifetime income disclosure, written in a manner so as to be understood by the average plan participant, that— (I) explains that the lifetime income stream equivalent is only provided as an illustration; (II) explains that the actual payments under the lifetime income stream described in clause (i)(III) that may be purchased with the total benefits accrued will depend on numerous factors and may vary substantially from the lifetime income stream equivalent in the disclosures; (III) explains the assumptions upon which the lifetime income stream equivalent was determined; and (IV) provides such other similar explanations as the Secretary considers appropriate. (iii) Assumptions and rules Not later than 1 year after the date of the enactment of the Lifetime Income Disclosure Act , the Secretary shall— (I) prescribe assumptions that administrators of individual account plans may use in converting total accrued benefits into lifetime income stream equivalents for purposes of this subparagraph; and (II) issue interim final rules under clause (i). In prescribing assumptions under subclause (I), the Secretary may prescribe a single set of specific assumptions (in which case the Secretary may issue tables or factors that facilitate such conversions), or ranges of permissible assumptions. To the extent that an accrued benefit is or may be invested in a lifetime income stream described in clause (i)(III), the assumptions prescribed under subclause (I) shall, to the extent appropriate, permit administrators of individual account plans to use the amounts payable under such lifetime income stream as a lifetime income stream equivalent. (iv) Limitation on liability No plan fiduciary, plan sponsor, or other person shall have any liability under this title solely by reason of the provision of lifetime income stream equivalents which are derived in accordance with the assumptions and rules described in clause (iii) and which include the explanations contained in the model lifetime income disclosure described in clause (ii). This clause shall apply without regard to whether the provision of such lifetime income stream equivalent is required by subparagraph (B)(iii). (v) Effective date The requirement in subparagraph (B)(iii) shall apply to pension benefit statements furnished more than 12 months after the latest of the issuance by the Secretary of— (I) interim final rules under clause (i); (II) the model disclosure under clause (ii); or (III) the assumptions under clause (iii). . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 20. Lifetime income safe harbor Section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104 ) is amended by adding at the end the following: (e) Safe harbor for annuity selection (1) In general With respect to the selection of an insurer and a guaranteed retirement income contract, the requirements of subsection (a)(1)(B) will be deemed to be satisfied if a fiduciary— (A) engages in an objective, thorough and analytical search for the purpose of identifying insurers from which to purchase guaranteed retirement income contracts; (B) with respect to each insurer identified by the fiduciary under subparagraph (A)— (i) considers the financial capability of such insurer to satisfy its obligations under the guaranteed retirement income contract; and (ii) considers the cost (including fees and commissions) of the guaranteed retirement income contract offered by the insurer in relation to the benefits and product features of the contract and administrative services to be provided under such contract; and (C) on the basis of the foregoing, concludes that— (i) at the time of the selection, the insurer is financially capable of satisfying its obligations under the guaranteed retirement income contract; and (ii) the cost (including fees and commissions) of the selected guaranteed retirement income contract is reasonable in relation to the benefits and product features of the contract and the administrative services to be provided under such contract. (2) Financial capability of the insurer For purposes of this section, a fiduciary will be deemed to satisfy the requirements of paragraphs (1)(B)(i) and (1)(C)(i) if— (A) the fiduciary obtains written representations from the insurer that— (i) the insurer is licensed to offer guaranteed retirement income contracts; (ii) the insurer, at the time of selection and for each of the immediately preceding seven years— (I) operates under a certificate of authority from the Insurance Commissioner of its domiciliary State that has not been revoked or suspended; (II) has filed audited financial statements in accordance with the laws of its domiciliary State under applicable statutory accounting principles; (III) maintains (and has maintained) reserves that satisfies all the statutory requirements of all States where the insurer does business; and (IV) is not operating under an order of supervision, rehabilitation, or liquidation; and (iii) the insurer undergoes, at least every five years, a financial examination (within the meaning of the law of its domiciliary State) by the Insurance Commissioner of the domiciliary State (or representative, designee, or other party approved thereby); (B) if, following the issuance of the representations described in clauses (i) through (iii) of subparagraph (A), there is any change that would preclude the insurer from making the same representations at the time of issuance of the guaranteed retirement income contract, the insurer shall notify the fiduciary, in advance of the issuance of any guaranteed retirement income contract, that the fiduciary can no longer rely on one or more of the representations; and (C) the fiduciary has not received the notification described in subparagraph (B) and has no other facts that would cause it to question the representations described in clauses (i) through (iii) of subparagraph (A). (3) The final regulation described in (a) shall clarify that the standard of care is not construed to require a fiduciary to select the lowest cost contract. Accordingly, a fiduciary may consider the value, including features and benefits of the contract and attributes of the insurer in conjunction with the contract’s cost. Attributes of the insurer that may be considered may include, without limitation, the issuer’s financial strength. (4) Time of selection (A) For purposes of paragraph (1), the time of selection may be either— (i) the time that the insurer and contract are selected for distribution of benefits to a specific participant or beneficiary; or (ii) the time that the insurer and contract are selected to provide benefits at future dates to participants or beneficiaries, provided that the selecting fiduciary periodically reviews the continuing appropriateness of the conclusion described in paragraph (1)(C), taking into account the considerations described in paragraph (1). For purposes of this paragraph, a fiduciary is not required to review the appropriateness of this conclusion following the purchase of any contract(s) for specific participants or beneficiaries. (B) For purposes of paragraph (4)(A)(ii), a fiduciary will be deemed to have conducted a periodic review of the financial capability of the insurer if the fiduciary obtains the written representations described in clauses (i) through (iii) of paragraph (2)(A) on an annual basis, unless, in the interim, the fiduciary has received the notice described in paragraph (2)(B) or otherwise becomes aware of facts that would cause it to question the such representations. (5) Limited liability A fiduciary that is deemed to satisfy the requirements of this section shall not be liable following the distribution of any benefit or the investment by or on behalf of a participant or beneficiary pursuant to the selected guaranteed retirement income contract for any losses that may result to the participant or beneficiary due to an insurer’s inability to satisfy its financial obligations under the terms of such contract. (6) Definitions For purposes of this section— (A) Insurer The term insurer means an insurance company, insurance service or insurance organization qualified to do business in a State; and includes affiliates of such companies to the extent the affiliate is licensed to offer guaranteed retirement income contracts. (B) Guaranteed retirement income contract The term guaranteed retirement income contract means an annuity contract for a fixed term or a contract (or provision or feature thereof) designed to provide a participant guaranteed benefits annually (or more frequently) for at least the remainder of the life of the participant or joint lives of the participant or the participant’s designated beneficiary as part of an individual account plan. This section sets forth an optional means by which a plan fiduciary will be considered to satisfy the responsibilities set forth in section 404(a)(1)(B) with respect to the selection of insurers and guaranteed retirement income contracts. This section does not establish minimum requirements or the exclusive means for satisfying these responsibilities. .
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113-hr-5876
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I 113th CONGRESS 2d Session H. R. 5876 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Meeks introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the FAA Modernization and Reform Act of 2012 to prohibit the flying of unmanned recreational aircraft near commercial airports.
1. Short title This Act may be cited as the Responsible Skies Act of 2014 . 2. Prohibition on the flying of unmanned recreational aircraft near commercial airports Section 333 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note) is amended— (1) in subsection (c) by striking the period at the end and inserting , including that the operator of an unmanned recreational aircraft may not fly the aircraft— (1) above 400 feet and within 5 miles of the perimeter of an airport that provides scheduled passenger air transportation; or (2) where it may be seem from the perimeter of the airport. . (2) by inserting at the end the following: (d) Report to Congress Not later than one year after the date of the enactment of this Act, and every year thereafter, the Secretary shall submit to Congress a report containing— (1) a description of any incident in which an unmanned recreational aircraft flew above 400 feet less than 5 miles from the perimeter of an airport that provides scheduled passenger air transportation; and (2) the action taken by the Secretary in response to the incident. (e) Definition of unmanned recreational aircraft In this section, the term unmanned recreational aircraft means an unmanned aircraft flown for hobby or recreational purposes. .
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113-hr-5877
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I 113th CONGRESS 2d Session H. R. 5877 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Meeks (for himself and Ms. Waters ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Employee Retirement Income Security Act of 1974 and title 5, United States Code, to require plans to establish policies addressing firm-specific risks in asset management services, greater diversification in investment strategies, and the inclusion of diverse asset managers and minority brokerage firms, and for other purposes.
1. Short title This Act may be cited as the American Pension Investments Modernization Act of 2014 . 2. Consideration of firm-specific risks and inclusion of diverse asset managers in ERISA plans (a) In general Section 404(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (C), by striking and at the end; (B) by designating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: (D) in any case in which the fiduciary appoints an investment manager or managers to manage any assets of a plan under section 402(c)(3), or business enterprise or enterprises for brokerage and investment banking services, by establishing policies under which the fiduciary will consider— (i) the concentration level of the plan’s exposure to firm-specific risks, including operational, compliance, and fraud risks; (ii) the inclusion, to the greatest extent feasible, of minority business enterprises for brokerage and investment banking services; and (iii) the utilization of diverse asset managers, taking into consideration the investment opportunities they offer in sectors, strategies, geographies, and demographics not meaningfully available to the plans. ; and (2) by inserting at the end the following: (3) (A) For purposes of this subsection, the term minority business enterprise means any business entity— (i) not less than 51 percent of which is owned by one or more individuals described in subparagraph (C) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by such individuals; or (ii) (I) not less than 35 percent of which is owned by one or more individuals described in subparagraph (C) or, in the case of any publicly owned business, not less than 35 percent of the stock of which is owned by such individuals; and (II) the management and daily business operations of which are controlled by one or more individuals described in subparagraph (C). (B) For purposes of this subsection, the term diverse asset manager means a minority business enterprise that manages an investment portfolio of at least $100,000,000 and not more than $25,000,000,000. (C) An individual described in this subparagraph is— (i) an African-American, Hispanic-American, Asian Pacific American, Subcontinent Asian American, or Native American; (ii) a woman; or (iii) a veteran (as defined in section 101(2) of title 38, United States Code). . (b) Issuance of guidance by Secretary of Labor Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall issue guidance relating to the requirement imposed by section 404(a)(1)(D) of such Act (as amended by subsection (a)). In issuing guidance under this subsection, the Secretary of Labor shall consider successful practices from State, local, and private-sector retirement systems’ utilization of diverse and emerging asset managers and of minority business enterprises for brokerage and investment banking services, including established efforts, programs, plans, and goals designed to increase their participation in financial services, and providing pension plans with greater access to investment opportunities that may otherwise be overlooked. 3. Consideration of firm-specific risks and inclusion of diverse asset managers in the Thrift Savings Plan (a) In general Section 8472 of title 5, United States Code, is amended by adding at the end the following: (k) In establishing policies under subsection (f)(1)(A), the Board shall take into account the guidance issued by the Secretary of Labor pursuant to section 404(a)(1)(D) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(a) ). . (b) Conforming amendment Section 8477(b)(1)(C) of such title is amended by inserting after of this title, the following: and consistent with the policies developed under section 8472(k), . 4. Active management option under the Thrift Savings Plan (a) In general Subchapter III of chapter 84 of title 5, United States Code, is amended by inserting at the end the following: 8440g. Active management option (a) The Board shall provide employees and Members and former employees or Members the option to participate in actively managed funds within such employee or Member’s Thrift Savings Fund account. Such option or options shall allow not more than 20 percent of an employee or Member’s (or former employee or Member’s) funds to be actively managed. (b) Notwithstanding the requirement of subsection (a), the Board may not subject more than 20 percent of the total assets under management of the Thrift Savings Fund to active management. (c) The Board shall promulgate guidelines regarding the active management of funds under this section. In promulgating such guidelines, the Board shall consider modern and successful practices from State, local, and private-sector retirement systems’ utilization of active management strategies in order to— (1) reduce market downside risks to the best extent possible, including dramatic swings in major market indexes; (2) take advantage of research and investment opportunities offered by small-, minority-, women- and veteran-owned firms that specialize in less traditional asset classes, or less efficient market segments with high-growth potentials, including investments in sectors, strategies, geographies and demographics that are not meaningfully available to large passively invested funds; and (3) take advantage of more effective portfolio designs that diversify across active and passive investment strategies and managers. . (b) Clerical amendment The table of sections for such subchapter is amended by adding after the item relating to section 8440f the following new item: 8440g. Active management option. . 5. Reports Not later than 1 year after the issuance of guidance under section 2(b) and annually thereafter, the Secretary of Labor and the Chairman of the Federal Retirement Thrift Investment Board shall submit a report to Congress on the progress achieved and efforts being made to implement the amendments made by sections 2 and 3, respectively. Such report shall include such recommendations as the Secretary and the Chairman, respectively, deem necessary or appropriate. In addition, each report shall include— (1) an assessment of the extent to which compliance with the requirements contained in such amendments is being achieved; (2) a summary of the enforcement actions taken by each of the agencies assigned administrative enforcement responsibilities for such requirements; (3) to the extent feasible, with respect to the Thrift Savings Plan and terminated plans within the meaning of title IV of the Employee Retirement Income Security Act of 1974— (A) a list of all asset management firms (minority-owned and others) to which plan funds were allocated, and the amount allocated to each asset management firm; (B) the fees charged by each asset management firm, including proceeds from security lending, if any; (C) the list of all firms (minority-owned and others) used for brokerage and investment banking services, and the amount of transactions executed; and (D) the fees charged by each firm used for brokerage and investment banking services. 6. Effective date The amendments made by sections 2 and 3 shall apply with respect to plan years beginning at least 9 months after the issuance of guidance under section 2(b).
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113-hr-5878
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I 113th CONGRESS 2d Session H. R. 5878 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Pitts (for himself and Ms. Eshoo ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Financial Services and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the International Religious Freedom Act of 1998 to further express United States foreign policy with respect to, and to strengthen United States advocacy on behalf of, freedom of religion or belief abroad and individuals persecuted in foreign countries on account of religion or belief, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Shahbaz Bhatti International Religious Freedom Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings; policy. Sec. 3. Definitions. Title I—Department of State activities Sec. 101. Office on International Religious Freedom; Ambassador at Large for International Religious Freedom. Sec. 102. Reports. Sec. 103. Training for Foreign Service officers. Sec. 104. Programs and allocations of funds by United States missions abroad. Sec. 105. Prisoner lists and issue briefs on religious freedom concerns. Sec. 106. Report on foreign assistance to promote religious freedom and religious engagement. Sec. 107. Reports on countries not designated as countries of particular concern for religious freedom. Title II—United States Commission on International Religious Freedom Sec. 201. Report of the Commission. Title III—National Security Council Sec. 301. Special Adviser on International Religious Freedom. Title IV—Presidential actions Sec. 401. Presidential actions in response to violations of religious freedom. Sec. 402. Presidential actions in response to particularly severe violations of religious freedom. Sec. 403. Consultations. Sec. 404. Description of Presidential actions. Sec. 405. Presidential waiver. Sec. 406. Termination of Presidential actions. Title V—Promotion of religious freedom Sec. 501. Assistance for promoting religious freedom. Sec. 502. International broadcasting. 2. Findings; policy (a) Findings Section 2(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6401(a) ) is amended— (1) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; (2) by inserting after paragraph (2) the following new paragraph: (3) International religious freedom means the right of all persons to fully enjoy freedom of religion or belief, as protected by international law, and applies to the holders of all religious beliefs and those who reject religious belief altogether. ; (3) in paragraph (5) (as so redesignated)— (A) by striking the second and third sentences and inserting the following: More than 76 percent of the world’s population live in countries in which religion is restricted in significant ways, either by the government or by societal non-state actors. These limitations severely restrict or prohibit the freedom of people to study, believe, observe, and freely practice the religious faith of their choice. ; and (B) by adding at the end the following new sentence: Other governmental violations include registration laws, laws limiting or prohibiting religious dress or symbols, anti-conversion laws, blasphemy laws, and apostasy laws. ; (4) by further redesignating paragraph (7) and (8) (as so redesignated) as paragraphs (9) and (12), respectively; (5) by inserting after paragraph (6) the following new paragraphs: (7) In addition to governments, non-state actors severely violate freedom of religion or belief. These actors include individuals, mobs, vigilante groups, anti-government insurgents, militant organizations, and recognized terrorist groups. In those cases in which governments’ legal systems promote intolerance, non-state actors often act unilaterally to enforce these biased measures. (8) Over the past 15 years, the global landscape for religious freedom has deteriorated. While authoritarian governments continue to persecute individuals, unchecked majoritarianism against religious minorities and increasing acts of violence by religious extremists against any who challenge their ideologies are troubling new threats to this fundamental freedom. Such violence includes the 2011 assassination of Pakistan’s Minister of Minority Affairs, Shahbaz Bhatti, an advocate for religious freedom. ; (6) by inserting after paragraph (9) (as so redesignated) the following new paragraphs: (10) Freedom of religion or belief also is central to a country’s stability and security. Religious freedom abuses are linked to abuses of other human rights, and to instability and violent extremism. Wherever religious freedom is abused, peace and security may be threatened, affecting societies and in some cases the security of the United States. As such, religious freedom merits consideration with economic, security, and other concerns. (11) The United States must do more to promote freedom of religion or belief overseas. This fundamental freedom is under serious and sustained pressure across much of the globe. ; and (7) by striking paragraph (12) (as so redesignated) and inserting the following: (12) Congress has recognized and denounced acts of religious persecution through the passage of the following measures and adoption of the following resolutions: (A) H.R. 2330 of the One Hundred Eighth Congress, which became Public Law 108–61 , prohibiting the importation into the United States of any article that is a product of Burma (Myanmar) until the President determines and certifies to Congress that Burma has met certain conditions, including the releasing of all political prisoners and permitting the peaceful exercise of religion. (B) H.R. 4011 of the One Hundred Eighth Congress, which became Public Law 108–333 , the North Korea Human Rights Act of 2004, which directs the Secretary of State and the Secretary of Homeland Security to report annually on measures taken to facilitate access to the United States refugee program by persons fleeing countries of particular concern for violations of religious freedom. (C) H.R. 6198 of the One Hundred Ninth Congress, which became Public Law 109–293 , the Iran Freedom Support Act, which holds the current regime in Iran accountable for its threatening behavior and supports a transition to democracy in Iran and states that assistance may be provided only to an individual, organization, or entity that supports freedom of religion while also expressing the sense of Congress that U.S. officials and representatives should draw international attention to Iran’s violations of human rights and freedom of religion. (D) House Resolution 1370 of the One Hundred Tenth Congress, calling on the Government of the People’s Republic of China to immediately end abuses of the human rights of its citizens, to cease repression of Tibetan and Uyghur people, and to end its support for the Governments of Sudan and Burma to ensure that the Beijing 2008 Olympic Games take place in an atmosphere that honors the Olympic traditions of freedom and openness. (E) House Resolution 944 of the One Hundred Eleventh Congress, expressing the sense of the House of Representatives on the protection of members of vulnerable religious and ethnic minority communities in Iraq. (F) House Resolution 134 of the One Hundred Twelfth Congress, condemning the Government of Iran for its state-sponsored persecution of its Baha’i minority and its continued violation of the International Covenants on Human Rights. (G) House Resolution 306 of the One Hundred Twelfth Congress, urging the Republic of Turkey to safeguard its Christian heritage and to return confiscated church properties. (H) House Resolution 484 of the One Hundred Twelfth Congress, calling on the Government of the Socialist Republic of Vietnam to respect basic human rights and cease abusing vague national security provisions such as articles 79 and 88 of the Vietnamese penal code which are often the pretext to arrest and detain citizens who peacefully advocate for religious and political freedom. (I) House Resolution 556 of the One Hundred and Twelfth Congress, condemning the Government of Iran for its continued persecution, imprisonment, and sentencing of Youcef Nadarkhani on the charge of apostasy. (J) H.R. 515 of the One Hundred Twelfth Congress, which became Public Law 112–81 , to reauthorize the Belarus Democracy Act of 2004, which authorizes the denial of United States entry to members of the security or law enforcement services who have participated in the persecution of religious groups or human rights defenders. (K) House Resolution 418 of the One Hundred and Thirteenth Congress, urging the Government of Burma to end the persecution of the Rohingya people and respect internationally recognized human rights for all ethnic and religious minority groups. (L) House Resolution 599 of the One Hundred Thirteenth Congress, urging the Government of the People’s Republic of China to respect the freedom of assembly, expression, and religion and all fundamental human rights and the rule of law for all its citizens and to stop censoring discussion of the 1989 Tiananmen Square demonstrations and their violent suppression. (M) House Resolution 683 of the One Hundred Thirteenth Congress, expressing the sense of the House of Representatives on the current situation in Iraq and the urgent need to protect religious minorities from the persecution from the Sunni Islamist insurgent and terrorist group the Islamic State in Iraq and Levant (ISIL) as it expands its control over areas in northwestern Iraq. (N) House Resolution 707 of the One Hundred Thirteenth Congress, condemning all forms of anti-Semitism and rejecting attempts to justify anti-Jewish hatred or violent attacks as an acceptable expression of disapproval or frustration over political events in the Middle East or elsewhere. (O) H.R. 301 of the One Hundred Thirteenth Congress, which became Public 113–161, to provide for the establishment of the Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia. (P) House Resolution 754 of the One Hundred Thirteenth Congress, condemning the Government of Iran for its gross human rights violations. . (b) Policy Section 2(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6401(b) ) is amended— (1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (2) by inserting after paragraph (1) the following new paragraph: (2) To ensure that religious freedom is a central component of United States foreign policy and receives the appropriate prioritization across government agencies, including in bilateral diplomacy, multilateral diplomacy, public diplomacy, and programmatic activities of the United States government. ; (3) in paragraph (4) (as so redesignated), by inserting and non-state actors after persecuting regimes ; and (4) by adding at the end the following new paragraphs: (7) To work in coalition with international partners in support of religious freedom in those countries whose governments violate religious freedom or do not take action against those who violate religious freedom or in those cases in which non-state actors perpetrate violations of religious freedom. (8) To work with foreign governments and in international fora to support rule of law, good governance, and a vigorous civil society and advocate in support of prisoners of conscience abroad whose detentions violate their freedom of religion or belief. . 3. Definitions Section 3 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6402 ) is amended— (1) in paragraph (13)(A)— (A) in clause (iv), by striking or at the end; and (B) by adding at the end the following new clause: (vi) having no religious beliefs; or ; and (2) by adding at the end the following new paragraph: (14) Non-state actor The term non-state actor means any entity outside of government, including an extremist group or terrorist organization. . I Department of State activities 101. Office on International Religious Freedom; Ambassador at Large for International Religious Freedom (a) Appointment Section 101(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6411(b) ) is amended by adding at the end before the period the following: , and shall report directly to the Secretary of State . (b) Advisory role Section 101(c)(2) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6411(c)(2) ) is amended by striking a principal adviser and inserting the principal adviser . 102. Reports (a) Annual report on international religious freedom; deadline for submission Section 102(b)(1) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6412(b)(1) ) is amended— (1) in subparagraph (A)— (A) in clause (ii), by adding at the end before the semicolon the following: or perpetrated by non-state actors ; (B) in clause (iii)— (i) by adding at the end before the semicolon the following: or perpetrated by non-state actors ; and (ii) by striking and at the end; (C) by redesignating clause (iv) as clause (vii); and (D) by inserting after clause (iii) (as so amended) the following new clauses: (iv) particularly severe violations of religious freedom occurring in the country but where a government does not exist or the government does not control its territory; (v) an identification of whether the country is designated or re-designated as a country of particular concern for religious freedom under section 402 and, if the country is designated or re-designated as a country of particular concern for religious freedom, a description of the presidential action or actions that have been taken with respect to the country as described in section 402; (vi) an identification of prisoners in that country pursuant to section 108; and ; and (2) in subparagraph (C)— (A) by striking A description and inserting A comprehensive description ; (B) by striking the measures and inserting the specific measures ; and (C) by adding at the end before the period the following: and an analysis of the impact of such actions and policies on the status of religious freedom in the country . (b) Annual report on international religious freedom; congressional hearings and briefings required Section 102(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6412(b) ) is amended by adding at the end the following new paragraph: (3) Congressional hearings and briefings required The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate shall, not later than 30 days after the receipt by Congress of the report submitted under paragraph (1), hold hearings on the report, including any recommendations contained therein, and not later than 180 days after the date of completion of such hearings, the Ambassador at Large shall meet with such Committees to brief such Committees on the report and on progress to date with respect to implementation of such recommendations. . (c) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to each Annual Report on International Religious Freedom that is required to be submitted to Congress under section 102 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6412 ) (as so amended) on or after such date of enactment. 103. Training for Foreign Service officers (a) In general Subsection (a) of section 708 of the Foreign Service Act of 1980 ( 22 U.S.C. 4028 ) is amended by inserting members of the United States Commission on International Religious Freedom, after International Religious Freedom Act of 1998, . (b) Other required training Section 708 of the Foreign Service Act of 1980 ( 22 U.S.C. 4028 ) is amended by adding at the end the following new subsection: (d) The Secretary of State, with the assistance of other relevant officials as specified in subsection (a), shall ensure that the standard training described in such subsection shall, at a minimum, be a required segment of each of the following: (1) The A–100 course attended by all officers of the Service. (2) The courses required of all officers of the Service prior to a posting abroad, tailored to the religious demography, status of religious freedom, and United States strategies for advancing religious freedom in the country of posting. (3) The courses required of all deputy chiefs of mission and all chiefs of mission. . (c) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Ambassador at Large for International Religious Freedom and the Director of the National Foreign Affairs Training Center, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a comprehensive plan for administering training of Foreign Service officers required under section 708 of the Foreign Service Act ( 22 U.S.C. 4028 ), as amended by this section. 104. Programs and allocations of funds by United States missions abroad Section 106 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6415 ) is amended— (1) in the matter preceding paragraph (1), by striking sense of the Congress and inserting policy of the United States ; and (2) in paragraphs (1) and (2), by striking should each place it appears and inserting shall . 105. Prisoner lists and issue briefs on religious freedom concerns (a) In general Section 108(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6417(b) ) is amended by inserting the United States Commission on International Religious Freedom, after United States chiefs of mission abroad, . (b) Availability of lists Section 108(c) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6417(c) ) is amended by adding at the end the following: In addition, the Secretary of State shall transmit the lists of persons imprisoned, detained, or placed under house arrest prepared under subsection (b) not later than 180 days after the enactment of the Shahbaz Bhatti International Religious Freedom Act of 2014, and every 180 days thereafter, to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives, the Committee on Foreign Relations and the Committee on Appropriations of the Senate, the Tom Lantos Human Rights Commission, and the Senate Human Rights Caucus. . 106. Report on foreign assistance to promote religious freedom and religious engagement (a) In general The Secretary of State, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of the Treasury, shall submit to Congress a report on the best uses of foreign assistance to promote the goals of religious freedom and religious engagement, while also making a distinction between these two goals. (b) Elements The report required by subsection (a) shall address how assistance and other United States government actions can strengthen the protection of religious minorities and dissenters, strengthen democratic institutions, and foster a vibrant civil society, and create civic space for religious debate and discussion. (c) Deadline The report required by subsection (a) shall be submitted to Congress not later than 180 days after the date on which the first Annual Report on International Religious Freedom required under section 102(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6412(b) ) is submitted to Congress after the date of the enactment of this Act. (d) Hearings and briefings The information contained in the report required by subsection (a) report shall be included in the congressional hearings and briefings required in paragraph (3) of section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)) (as added by section 102(b) of this Act). 107. Reports on countries not designated as countries of particular concern for religious freedom (a) In general Not later than 90 days after the date on which the President designates countries as a country of particular concern for religious freedom under section 402 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442 ), the Comptroller General of the United States shall submit to Congress a report on the lack of designation by the President of any other countries recommended for such designation by the United States Commission on International Religious Freedom. (b) Report relating to Pakistan In addition to the report required by subsection (a), the Comptroller General of the United States shall submit to Congress a report that focuses specifically on the lack of designation by the President of Pakistan as a country of particular concern for religious freedom under section 402 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442 ) despite the repeated recommendation for such designation by the United States Commission on International Religious Freedom. II United States Commission on International Religious Freedom 201. Report of the Commission Section 205 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6433 ) is amended by adding at the end the following new subsection: (d) Congressional hearings and briefings required The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate shall, not later than 30 days after the receipt by Congress of the report submitted under subsection (a), hold hearings on the report, including any recommendations contained therein, and not later than 180 days after the date of completion of such hearings, the Commission shall meet with such Committees on the report and on progress with respect to implementation of such recommendations to date. . III National Security Council 301. Special Adviser on International Religious Freedom Section 101(k) of the National Security Act of 1947 ( 50 U.S.C. 3021(k) ) is amended in the first sentence by inserting senior before director . IV Presidential actions 401. Presidential actions in response to violations of religious freedom (a) Response to violations of religious freedom Section 401(a)(1) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6441(a)(1) ) is amended— (1) in subparagraph (A)(i), by adding at the end before the semicolon the following: or carried out by non-state actors in that country ; and (2) in subparagraph (B), by inserting before , the President the following: and for each foreign country in which non-state actors carry out violations of religious freedom . (b) Presidential actions Section 401(b)(2) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6441(b)(2) ) is amended— (1) by striking September 1 of each year and inserting 30 days after the date on which each report is submitted under section 102(b) ; (2) by striking action and inserting 1 or more of the actions ; (3) by inserting or in which non-state actors in that country carried out violations of religious freedom before at any time ; (4) by striking September 1 of the preceding year and inserting the previous such report was submitted ; and (5) by striking thereto) and all that follows and inserting thereto) the action may only be taken after the President certifies to Congress that the requirements of sections 403 and 404 have been satisfied. . (c) Implementation Section 401(c)(1)(B) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6441(c)(1)(B) ) is amended by inserting or the non-state actors in that country, after special officials thereof, . (d) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to each Annual Report on International Religious Freedom that is required to be submitted to Congress under section 102 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6412 ) (as so amended) on or after such date of enactment. 402. Presidential actions in response to particularly severe violations of religious freedom (a) Response to particularly severe violations of religious freedom Section 402(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(a) ) is amended— (1) in paragraph (1)(A), by adding at the end before the semicolon the following: or carried out by non-state actors ; and (2) in paragraph (2), by inserting , or a non-state actor has carried out, after engaged in or tolerated . (b) Designation of countries of particular concern for religious freedom Section 402(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) by striking September 1 of each year and inserting 30 days after the date on which each report is submitted under section 102(b) ; (ii) by striking whether and inserting whether, during the preceding 12 months, ; (iii) by inserting , or in which a non-state actor has carried out, after engaged in or tolerated each place it appears; and (iv) by striking during the preceding 12 months or since the date of the last review of that country under this subparagraph, whichever period is longer ; and (B) in subparagraph (C)— (i) by inserting or non-state actor after foreign country ; and (ii) by striking and may take place any time prior to September 1 of the respective year and inserting and before the date on which the report is submitted under section 102(b) ; (2) in paragraph (2), by inserting , or the non-state actor specifically responsible for the particularly severe violations of religious freedom, after by that government ; (3) in paragraph (3)— (A) in the matter preceding subparagraph (A), by striking as soon as practicable and inserting not later than 30 days ; (B) in subparagraph (A), by striking and at the end; (C) in subparagraph (B), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new subparagraph: (C) the actions taken, the purposes of the actions taken, and evaluation of any previous actions taken pursuant to a designation by the President of a country as a country of particular concern for religious freedom under this section. ; and (4) by adding at the end the following new paragraph: (4) Termination A country that has been designated a country of particular concern for religious freedom under this section retains such designation until the President determines such designation should be terminated and submits to the appropriate congressional committees a report that includes the reasons for such termination. . (c) Presidential actions with respect to countries of particular concern for religious freedom Section 402(c)(5) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(c)(5) ) is amended— (1) in the second sentence— (A) by striking must and inserting shall ; (B) by striking he determines and inserting the President determines ; and (C) by adding at the end before the period the following: and include a description of the impact of the designation of such sanction or sanctions ; and (2) by adding at the end the following new sentence: The President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that explains why the decision was made to designate the specific sanction or sanctions which the President determines satisfy the requirements of this subsection. . 403. Consultations Section 403(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6443(a) ) is amended by striking As soon as practicable and inserting Not later than 30 days . 404. Description of Presidential actions (a) In general Section 405(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6445(a) ) is amended— (1) by redesignating paragraphs (9) through (15) as paragraphs (10) through (16), respectively; and (2) by inserting after paragraph (8) the following new paragraph: (9) The raising of concerns and initiation of actions through multilateral and regional bodies. . (b) Conforming amendments The International Religious Freedom Act of 1998 ( 22 U.S.C. 6401 et seq. ) is amended in sections 3(3), 401(c)(2), 402(c)(1)(A), 403(a), 404(a), 405(b), and 407(a) by striking paragraphs (9) through (15) each place it appears and inserting paragraphs (10) through (16) . 405. Presidential waiver Section 407(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6447(a) ), as amended by section 404(b), is further amended by inserting for a period not to exceed 180 days after may waive . 406. Termination of Presidential actions (a) In general Section 409 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6449 ) is amended to read as follows: 409. Termination of Presidential actions Any Presidential action taken under this Act with respect to a foreign country shall remain in effect unless expressly terminated by Presidential actions based upon the determination by the President and certification to Congress that the foreign government has ceased or taken substantial and verifiable steps to cease the particularly severe violations of religious freedom. . (b) Effective date The amendment made by this section takes effect on the date of the enactment of this Act and applies with respect to any Presidential action taken under the International Religious Freedom Act of 1998 (as so amended) on or after such date of enactment. V Promotion of religious freedom 501. Assistance for promoting religious freedom Section 501 of the International Religious Freedom Act of 1998 is amended by adding at the end the following new subsection: (c) Economic support fund assistance (1) In general Subject to paragraph (2), assistance authorized to be provided under chapter 4 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2346 et seq. ; relating to the Economic Support Fund) should include assistance— (A) to entities and individuals in support of religious freedom, the rule of law, good governance, and the creation of a strong and vibrant civil society; and (B) to provide enhanced security for human rights and religious freedom defenders. (2) Limitation (A) In general Assistance authorized to be provided under the provisions of law specified in subparagraph (B) may not be provided to a foreign government that is designated or re-designated as a country of particular concern for religious freedom under section 402 until the Secretary of State certifies to the appropriate congressional committees that the government of such country has agreed to use such funds to support improvements in respecting international standards of religious freedom for all its residents and to take measures to address discrimination and violence against religious minorities or dissenting members of the majority community in such country. (B) Provisions of law The provisions of law specified in this subparagraph are the following: (i) Chapter 4 of part II of the Foreign Assistance Act of 1961. (ii) Part II of the Foreign Assistance Act of 1961. (iii) The Arms Export Control Act. (3) Waiver The President may waive for a period not to exceed 180 days the application of paragraph (2) if the President determines and reports to the appropriate congressional committees that— (A) the exercise of such waiver authority would further the purposes of this Act; or (B) it is important to the national interest of the United States to provide for the exercise of such waiver authority. (d) Programs To promote and protect freedom of religion or belief (1) In general The President, acting through the Federal departments and other entities described in paragraph (3)(B), is authorized to carry out programs related to the promotion and protection of freedom of religion or belief in foreign countries. Such programs shall focus on supporting civil society, especially in countries designated or re-designated as countries of particular concern for religious freedom under section 402, or recommended by the United States Commission on International Religious Freedom for such designation or re-designation. (2) Elements Programs carried out under paragraph (1) shall include proposed reforms to a country’s education systems to promote respect for religious tolerance and freedom. (3) Authorization of appropriations There is authorized to be appropriated to the President $17,000,000 for each of the fiscal years 2015 through 2018 to carry out this subsection, of which— (A) $5,000,000 is authorized to be appropriated to each of the Office on International Religious Freedom within the Department of State, the National Endowment for Democracy, and the United States Institute for Peace; and (B) $2,000,000 is authorized to be appropriated to the United States Commission on International Religious Freedom. (e) Sense of Congress It is the sense of Congress that the Secretary of State should prioritize the protection of religious minorities and places where these minorities reside and congregate when developing policy and directing programs that are administered by the Department of Defense. . 502. International broadcasting Section 502 of the International Religious Freedom Act of 1998 is amended— (1) by striking Section 303(a) and inserting (a) In general .—Section 303(a) ; and (2) by adding at the end the following new subsection: (b) Availability of funds Amounts authorized to be appropriated for democracy programs of the Bureau of Democracy, Human Rights and Labor of the Department of State, the United States Agency for International Development, and the Broadcasting Board of Governors are authorized to be used to support the development and implementation of innovative uses of the Internet and other electronic methods to support freedom of religion or belief abroad. .
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113-hr-5879
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I 113th CONGRESS 2d Session H. R. 5879 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Ms. Roybal-Allard introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide protection for children affected by the immigration laws of the United States, and for other purposes.
1. Short title This Act may be cited as the Humane Enforcement and Legal Protections for Separated Children Act or the HELP Separated Children Act . 2. Definitions In this Act: (1) Apprehension The term apprehension means the detention or arrest by officials of the Department of Homeland Security or cooperating entities. (2) Child The term child means an individual who has not attained 18 years of age. (3) Child welfare agency The term child welfare agency means a State or local agency responsible for child welfare services under subtitles B and E of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). (4) Cooperating entity The term cooperating entity means a State or local entity acting under agreement with the Secretary. (5) Department The term Department means the Department of Homeland Security. (6) Detention facility The term detention facility means a Federal, State, or local government facility, or a privately owned and operated facility, that is used, in whole or in part, to hold individuals under the authority of the Director of U.S. Immigration and Customs Enforcement, including facilities that hold such individuals under a contract or agreement with the Director. (7) Immigration enforcement action The term immigration enforcement action means the apprehension of one or more individuals whom the Department has reason to believe are removable from the United States by the Secretary or a cooperating entity. (8) NGO The term NGO means a nongovernmental organization that provides social services or humanitarian assistance to the immigrant community. (9) Parent The term parent means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country, or a legal guardian under State law or the law of a foreign country. (10) Secretary The term Secretary means the Secretary of Homeland Security. 3. Apprehension procedures for immigration enforcement-related activities (a) Apprehension procedures In any immigration enforcement action, the Secretary and cooperating entities shall— (1) as soon as possible, but generally not later than 2 hours after an immigration enforcement action, inquire whether an individual is a parent or primary caregiver of a child in the United States and notify any such individual, in a language that he or she understands, that he or she is entitled to— (A) the opportunity to make a minimum of 2 telephone calls to arrange for the care of such child in the individual’s absence; and (B) contact information for— (i) child welfare agencies and family courts in the same jurisdiction as the child; and (ii) consulates, attorneys, and legal service providers capable of providing free legal advice or representation regarding child welfare, child custody determinations, and immigration matters; (2) notify the child welfare agency with jurisdiction over the child if the child’s parent or primary caregiver is unable to make care arrangements for the child or if the child is in imminent risk of serious harm; (3) ensure that personnel of the Department and cooperating entities do not, absent medical necessity or extraordinary circumstances, interview individuals in the immediate presence of children over the age of 2 unless the parent or primary caregiver gives permission, or compel or request children to interpret or translate for interviews of their parents or of other individuals who are encountered as part of an immigration enforcement action; (4) ensure that any parent or primary caregiver of a child in the United States— (A) absent medical necessity or extraordinary circumstances, is not transferred from his or her area of apprehension until the individual— (i) has made arrangements for the care of such child; or (ii) if such arrangements are unavailable or the individual is unable to make such arrangements, is informed of the care arrangements made for the child and of a means to maintain communication with the child; (B) absent medical necessity or extraordinary circumstances is placed in a detention facility either— (i) proximate to the location of apprehension; or (ii) proximate to the individual’s habitual place of residence; and (iii) absent medical necessity or extraordinary circumstances, is not transferred from such facility unless necessary to facilitate participation in child welfare proceedings; and (C) receives due consideration of the best interests of such child in any decision or action relating to his or her detention, release, or transfer between detention facilities; and (5) issue guidance prohibiting personnel of the Department and cooperating entities from apprehending persons on the premises or in the immediate vicinity of day care centers, head start centers, schools, school bus stops, recreation centers, legal service providers, courts, funeral homes, cemeteries, colleges, victim services agencies, social service agencies, hospitals, health care clinics, community centers, and places of worship, absent exceptional circumstances. (b) Requests to local and State entities If the Secretary requests a State or local entity to hold in custody an individual who the Department has reason to believe is removable pending transfer of that individual to the custody of the Secretary or to a detention facility, the Secretary shall also request that the State or local entity provide the individual the protections specified in paragraphs (1) and (2) of subsection (a), if that individual is found to be the parent or primary caregiver of a child in the United States. (c) Protections against trafficking preserved The provisions of this section shall not be construed to impede, delay, or in any way limit the obligations of the Secretary, the Attorney General, or the Secretary of Health and Human Services under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) or section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 ). 4. Access to children, State and local courts, child welfare agencies, and consular officials (a) In general The Secretary shall ensure that all detention facilities operated by or under agreement with the Department implement procedures to ensure that the best interest of the child, including a preference for family unity wherever appropriate, can be considered in any decision and action relating to the custody of children whose parent, legal guardian, or primary caregiver is detained as the result of an immigration enforcement action. (b) Detention procedures At all detention facilities, the Secretary shall— (1) prominently post in a manner accessible to detainees and visitors and include in detainee handbooks information on the protections of this Act as well as information on potential eligibility for parole or release; (2) absent extraordinary circumstances, ensure that individuals who are detained by the Department and are parents of children in the United States are— (A) permitted regular phone calls and contact visits with their children; (B) provided with contact information for child welfare agencies and family courts in the relevant jurisdictions; (C) able to participate fully, and to the extent possible in-person, in all family court proceedings and any other proceedings that may impact their right to custody of their children; (D) granted free and confidential telephone calls to relevant child welfare agencies and family courts as often as is necessary to ensure that the best interest of their children, including a preference for family unity whenever appropriate, can be considered in child welfare agency or family court proceedings; (E) able to fully comply with all family court or child welfare agency orders impacting custody of their children; (F) provided access to United States passport applications or other relevant travel document applications for the purpose of obtaining travel documents for their children; (G) afforded timely access to a notary public for the purpose of applying for a passport for their children or executing guardianship or other agreements to ensure the safety of their children; and (H) granted adequate time before removal to obtain passports, apostilled birth certificates, travel documents, and other necessary records, including health and school records, on behalf of their children if such children will accompany them on their return to their country of origin or join them in their country of origin; and (3) where doing so would not impact public safety or national security, facilitate the ability of detained alien parents and primary caregivers to reunify with their children by sharing information regarding travel arrangements with their consulate, children, child welfare agencies, or other caregivers in advance of the detained alien individual’s departure from the United States. 5. Memoranda of understanding The Secretary, in consultation with the Department of Health and Human Services, shall develop and implement memoranda of understanding or protocols with child welfare agencies and NGOs regarding the best ways to cooperate and facilitate ongoing communication between all relevant entities in cases involving a child whose parent, legal guardian, or primary caregiver has been apprehended or detained in an immigration enforcement action to protect the best interests of the child, including a preference for family unity whenever appropriate. 6. Mandatory training The Secretary, in consultation with the Secretary of Health and Human Services, the Secretary of State, the Attorney General, and independent child welfare and family law experts, shall develop and provide training on the protections required under sections 3 and 4 to all personnel of the Department, cooperating entities, and detention facilities operated by or under agreement with the Department who regularly engage in immigration enforcement actions and in the course of such actions come into contact with individuals who are parents or primary caregivers of children in the United States. 7. Rulemaking Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement sections 3 and 4 of this Act. 8. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. 9. Report on protections for children impacted by immigration enforcement activities (a) Requirement for report Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that describes the impact of immigration enforcement activities on children, including children who are citizens of the United States. (b) Content The report submitted under subsection (a) shall include for the previous 1-year period an assessment of— (1) the number of individuals removed from the United States who are the parent of a child who is a citizen of the United States; (2) the number of occasions in which both parents or the primary caretaker of such a child was removed from the United States; and (3) the number of children who are citizens of the United States who leave the United States with parents who are removed.
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113-hr-5880
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I 113th CONGRESS 2d Session H. R. 5880 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Sherman (for himself, Mr. Brady of Pennsylvania , Mr. Cleaver , Mr. Grijalva , Mr. Nadler , Mr. Conyers , Mr. Dingell , Ms. Hahn , Ms. Kaptur , Mr. Rangel , Ms. Schakowsky , Mr. Farr , Mr. Lowenthal , Mr. Cárdenas , Ms. Eddie Bernice Johnson of Texas , Ms. Moore , Mr. Engel , Mr. Gutiérrez , Mr. Lynch , Mr. Swalwell of California , Ms. Loretta Sanchez of California , Mr. Pocan , Mr. Johnson of Georgia , Ms. Chu , Ms. Roybal-Allard , Ms. Bass , Mr. Tierney , Mr. Fattah , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To repeal a limitation in the Labor-Management Relations Act regarding requirements for labor organization membership as a condition of employment.
1. Short title This Act may be cited as the Eliminate So-Called Right-to-Work Legislation Nationwide Act of 2013 . 2. Repeal Section 14 of the National Labor Relations Act ( 29 U.S.C. 164 ) is amended by striking subsection (b) and redesignating subsection (c) as subsection (b).
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113-hr-5881
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I 113th CONGRESS 2d Session H. R. 5881 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Stivers (for himself and Ms. Bass ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require the Comptroller General of the United States to submit to the Congress a report on adoption disruption and dissolution in the United States.
1. Short title This Act may be cited as the Securing American Families Everywhere (SAFE Kids) Act . 2. Study on adoption disruption and dissolution Within 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Congress a written report that— (1) describes the extent of adoption disruption and dissolution in the United States, and the efforts by State and local governments and private child welfare agencies to prevent the disruption and dissolution; (2) recommends legislation to define adoption disruption and adoption dissolution, to prevent adoption disruption and adoption dissolution, and require State and local governments and child welfare agencies to track and report on disrupted or dissolved adoptions; and (3) sets forth legislative options to prepare prospective adoptive parents for adoption and to support adoptive parents after an adoption.
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113-hr-5882
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I 113th CONGRESS 2d Session H. R. 5882 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Ways and Means A BILL To make an Income Tax that is a flat 15 percent for all American citizens.
1. Short title This Act may be cited as the Flat Tax Rate Act . 2. Tax Rate The Federal Income Tax Rate shall be 15 percent for all U.S. citizens. (1) The citizen’s annual income or current economic standing shall not matter. (2) All individuals shall pay a flat rate of 15 percent on all income, except in cases where the individual or individuals comply with the exemptions listed in section 3. 3. Exemptions to Tax Rate The exemptions of the tax shall include: (1) There shall be a $10,000 deduction for those filing singly, and a $20,000 deduction for couples filing jointly. (2) For each child, up to the age of 18, there shall be a $3,000 deduction.
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113-hr-5883
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I 113th CONGRESS 2d Session H. R. 5883 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Ways and Means A BILL To lower the Federal tax on the earnings of American companies with foreign operations.
1. Short title This Act may be cited as the Fair Tax for Repatriation Act . 2. Lowering of Federal tax on earnings of overseas American companies (a) Findings The Congress finds that American companies with foreign operations are accumulating earnings totaling as much as one trillion dollars, not repatriated to the United States due to corporate income taxes as high as 35 percent. As a result of this penalty, U.S. companies invest their earnings in foreign countries with little to no consequence. However, if invested internally, these funds could spur the development of U.S. jobs, capital assets, research, and more. Whereas most developed countries, such as Germany, the United Kingdom, and France all have a tax on corporate profits earned internationally ranging from 0 percent to 2 percent, the United States has not followed this lead. Therefore, the Congress must adopt legislation lowering the Federal tax on earnings of American companies with foreign operations to 5 percent. Implementation of this change has the ability to raise Federal tax revenue by $50 billion, helping to fund the trillion dollar stimulus. (b) American Jobs Creation Act of 2004 Elimination The American Jobs Creation Act of 2004 allows American companies with foreign operations a one-time tax break on earnings, decreasing the Federal tax from 35 percent to 5.25 percent. The Fair Tax for Repatriation Act would lower this tax from 5.25 percent to 5 percent permanently. 3. Administration of the Fair Tax for Repatriation Act The United States Department of the Treasury will be responsible for administrating and enforcing the Federal tax on earnings of American companies with foreign operations. The Federal tax for U.S. corporations earning profits abroad will be a flat 5 percent. 4. Enactment Date This bill shall go into effect 90 days after passage.
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113-hr-5884
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I 113th CONGRESS 2d Session H. R. 5884 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means and Transportation and Infrastructure , 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 prohibit the replacement of the gasoline excise tax with a GPS, location or distance-based tax and for other purposes.
1. Short title This Act may be cited as the Don’t Track Me Act . 2. Findings and purpose (a) Findings Congress finds as follows: (1) Tracking the location of vehicles and the identities of owners for the purpose of taxation, fines or fees has the potential to be misused, and such collected data could be hacked or used for privacy-invading purposes. (2) Government and corporate websites are frequently hacked, and driver-tracking databases may be no more invulnerable to hacking; to the advantage of criminals, stalkers, and identity thieves. (3) GPS tracking enables the technology for automatic speeding, parking and other traffic tickets, charging variable tax rates due to the time of day or other factors, including characterizing driving behavior from acceleration and braking speed, evasive maneuvers such as swerving to avoid a child or deer in the road, or driving in what the Government may believe is a fuel-wasting manner. (4) GPS tracking schemes may require vehicle owners to maintain bank accounts for the debiting of resultant fees. This may be a hardship for many low-income vehicle owners, as well as opening new hacking vulnerabilities for bank accounts of vehicle owners. (5) The existing gas tax is a rare example of a user fee, whereby vehicle owners pay for the roads they use when purchasing fuel. The tax has successfully provided necessary funding for many decades. (6) There are far less intrusive ways than location-based tracking to get electric vehicle and hybrid owners to pay for their road usage. (7) Vehicle owners must not be required to surrender their Fourth Amendment rights and be tracked everywhere as a condition of driving on public roads. (8) Amendment IV of the United States Constitution states The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. . (b) Purpose It is the purpose of this Act to prohibit the replacement or supplementation of the Federal gasoline excise tax with any tax or fee based upon vehicle location or distance traveled, whether determined by global positioning satellite (GPS), license plate reading cameras or any other method of determining owner registration or identity information, and vehicle location or distance traveled. 3. Prohibition of a GPS, location or mileage based tax (a) In general It is contrary to the public policy of the United States to require the placement or use of any GPS, location, distance tracking system, or any other system to collect identities of vehicle owners by any remote means such as license plate reading cameras, radio frequency identification (RFID) devices or by any other means. (b) The Federal gasoline excise tax may not be replaced or supplemented with any tax, fee or fine based upon vehicle location or distance traveled, whether determined by global positioning satellite (GPS), cameras that read license plates or any other method of determining vehicle location, distance traveled or registration and identity data. (c) No motor vehicle may be required to have any device on board the vehicle or to transmit data to any off board device which tracks or records, collects, stores, transmits and location, distance, or registration or driver identity information. 4. Limitations on vehicle-to-vehicle and vehicle-to-infrastructure communications (a) No public funds may be used to study or implement or require the use of any method of tracking or reporting vehicle movement or location for the purpose of taxes, user fees, traffic fines, accident investigation, or to communicate with other vehicles or infrastructure. (b) Vehicle-to-vehicle or vehicle-to-infrastructure communication systems for the purposes of recording or transmitting or storing for later retrieval location, registration, identity, or speed data are prohibited, except for those vehicles owned or leased by Federal Government agencies in question. (c) Any such transmissions may only be used for momentary accident avoidance or completely anonymized traffic reporting. 5. Black box data recorders No motor vehicle shall be required by any Federal agency to have installed and operational any black box accident data recorder that records any vehicle data for a period longer than the last five minutes of vehicle operation, and such devices may never be capable of recording audio, images, or video from inside the vehicle. Any such device may not broadcast or transmit any data in any way, except by a direct cable connection to a computer. 6. Vehicle owners exempted No provisions of this Act shall prohibit the use by vehicle owners of GPS or other technologies for tracking the location of their own vehicle. 7. Reporting requirement The Secretary of the Department of Transportation shall submit to Congress, not later than 90 days after the date of the enactment of this Act, a report describing the actions taken to ensure permanent compliance with this Act.
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113-hr-5885
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I 113th CONGRESS 2d Session H. R. 5885 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Pribilof Islands Transition Act to require the Secretary of Commerce to provide notice of certification that no further corrective action is required at sites and operable units covered by the Pribilof Islands Environmental Restoration agreement, and for other purposes.
1. Short title This Act may be cited as the Pribilof Islands Transition Act Amendments of 2014 . 2. Requirement of notice regarding certification under Pribilof Islands Transition Act (a) Lands Section 205 of the Fur Seal Act of 1966 ( 16 U.S.C. 1165 ) is amended— (1) in subsection (f)— (A) by designating the text as paragraph (1); and (B) by adding at the end the following: (2) In addition to the authority in paragraph (1), the Secretary may transfer or exchange land or interests therein on the Pribilof Islands to the village corporations identified in section 105(c), in accordance with section 22(f) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1621 ) as necessary or appropriate to facilitate the transfer of lands and related improvements not specified for transfer in the document entitled Transfer of Property on the Pribilof Islands: Descriptions, Terms and Conditions . ; and (2) by adding at the end the following: (g) (1) Notwithstanding any other provision of law, the village corporations identified in section 105(c) shall have a first priority right to acquire any Federal land on their respective islands (and related improvements on such land) that is not specified for transfer in the document entitled Transfer of Property on the Pribilof Islands: Descriptions, Terms and Conditions and that, after October 31, 1983— (A) ceases to be actually used by the Federal Government in connection with the administration of any Federal installation; or (B) is in excess of the smallest practicable tract, as determined by the Secretary or the Secretary of the department in which the Coast Guard is operating, enclosing land actually used in connection with the administration of any Federal installation, as described in section 3(e) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(e) ). (2) Not later than 30 days after determining that Federal land meets either of the criteria specified in subparagraphs (A) and (B) of paragraph (1), the Secretary shall notify the relevant village corporation of that determination. (3) Not later than 90 days after receiving notification under paragraph (2), the relevant village corporation shall notify the Secretary of the corporation’s intent to exercise the priority right to acquire property authorized under paragraph (1) with respect to the property. . (b) Notice of certification Section 105 of the Pribilof Islands Transition Act (title I of Public Law 106–562 ; 16 U.S.C. 1161 note) is amended— (1) in subsection (a)(1), by striking The Secretary and inserting Notwithstanding paragraph (2) and effective on the date the Secretary publishes the notice of certification required by subsection (b)(5), the Secretary ; (2) in subsection (b)— (A) in paragraph (1)(A), by striking 205 and inserting 205(a) ; and (B) by adding at the end the following: (5) Notice of certification The Secretary shall promptly publish and submit to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate notice that the certification described in paragraph (2) has been made. ; and (3) in subsection (c)— (A) in the matter preceding paragraph (1), by striking makes the certification described in subsection (b)(2) and inserting publishes the notice of certification required by subsection (b)(5) ; and (B) in paragraph (1), by striking Section 205 and inserting Subsections (a), (b), (c), and (d) of section 205 .
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113-hr-5886
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I 113th CONGRESS 2d Session H. R. 5886 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Young of Alaska (for himself and Mr. Peterson ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the African Elephant Conservation Act of 1988 to conserve elephants while appropriately regulating ivory in the United States.
1. Short title This Act may be cited as the African Elephant Conservation and Legal Ivory Possession Act of 2014 . 2. References Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the African Elephant Conservation Act ( 16 U.S.C. 4201 et seq. ). 3. Limited exemption for certain African elephant ivory Section 2203 ( 16 U.S.C. 4223 ) is amended— (1) by inserting (a) In general .— before the first sentence; (2) by inserting and subsection (b) of this section after 2202(e) ; and (3) by adding at the end the following: (b) Exemption Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed to prohibit importation or exportation, or to require permission of the Secretary for importation or exportation, of— (1) any raw ivory or worked ivory— (A) imported solely for purposes of becoming part of a museum’s permanent collection, return to a lending museum, or display in a museum; or (B) exported solely for purposes of— (i) display in a foreign museum; or (ii) return to a foreign person who lent such ivory to a museum in the United States; (2) any raw ivory or worked ivory that was lawfully importable into the United States on February 24, 2014, regardless of when acquired; or (3) any worked ivory that was previously lawfully possessed in the United States. . 4. Placement of United States Fish and Wildlife Service law enforcement officer in each African elephant range country Part I ( 16 U.S.C. 4211 et seq. ) is amended by adding at the end the following: 2105. Placement of United States Fish and Wildlife Service law enforcement officer in each African elephant range country The Secretary, in coordination with the Secretary of State, may station one United States Fish and Wildlife Service law enforcement officer in the primary United States diplomatic or consular post in each African country that has a significant population of African elephants, who shall assist local wildlife rangers in the protection of African elephants and facilitate the apprehension of individuals who illegally kill, or assist the illegal killing of, African elephants. . 5. Certification for the purposes of the Fishermen’s Protective Act of 1967 Section 2202 of the African Elephant Conservation Act ( 16 U.S.C. 4222 ) is amended by adding at the end the following: (g) Certification When the Secretary of the Interior finds that a country, directly or indirectly, is a significant transit or destination point for illegal ivory trade, the Secretary shall certify such fact to the President with respect to the country for the purposes of section 8(a) of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1978 (a)). . 6. Treatment of elephant ivory Section 2203 ( 16 U.S.C. 4223 ) is further amended by adding at the end the following: (c) Treatment of elephant ivory Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed— (1) to prohibit, or to authorize prohibiting, the possession, sale, delivery, receipt, shipment, or transportation of African elephant ivory, or any product containing African elephant ivory, that has been lawfully imported or crafted in the United States; or (2) to authorize using any means of determining for purposes of this Act or the Endangered Species Act of 1973 whether African elephant ivory has been lawfully imported, including any presumption or burden of proof applied in such determination, other than such means used by the Secretary as of February 24, 2014. . 7. Sport-hunted elephant trophies Section 2203 ( 16 U.S.C. 4223 ) is further amended by adding at the end the following: (d) Sport-Hunted elephant trophies Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed to prohibit any citizen or legal resident of the United States, or an agent of such an individual, from importing a sport-hunted African elephant trophy under section 2202(e) of this Act, if the country in which the elephant was taken has an elephant population on Appendix II of CITES at the time the trophy is imported. (e) Relationship to the Convention Nothing in this section shall be construed as modifying or repealing the Secretary’s duties to implement CITES and the appendices thereto, or as modifying or repealing section 8A or 9(c) of the Endangered Species Act of 1973 (16 U.S.C. 1537a and 1538(c)). . 8. African Elephant Conservation Act financial assistance priority and reauthorization (a) Financial assistance priority Section 2101 of the African Elephant Conservation Act ( 16 U.S.C. 4211 ) is amended by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and by inserting after subsection (d) the following: (e) Priority In providing financial assistance under this section, the Secretary shall give priority to projects designed to facilitate the acquisition of equipment and training of wildlife officials in ivory producing countries to be used in anti-poaching efforts. . (b) Reauthorization Section 2306(a) of the African Elephant Conservation Act ( 16 U.S.C. 4245(a) ) is amended by striking 2007 through 2012 and inserting 2015 through 2019 .
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113-hr-5887
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I 113th CONGRESS 2d Session H. R. 5887 IN THE HOUSE OF REPRESENTATIVES December 16, 2014 Mr. Kilmer introduced the following bill; which was referred to the Committee on House Administration A BILL To repeal the provisions of the Consolidated and Further Continuing Appropriations Act, 2015, which amended the Federal Election Campaign Act of 1971 to establish separate contribution limits for contributions made to national parties to support Presidential nominating conventions, national party headquarters buildings, and recounts.
1. Repeal of separate contribution limits for certain contributions made to national committees of political parties (a) Repeal Section 101 of the Consolidated and Further Continuing Appropriations Act, 2015 is repealed, and any provision of law amended by such section shall be restored as if such section had not been enacted into law. (b) Effective Date The amendment made by subsection (a) shall take effect as if included in the enactment of the Consolidated and Further Continuing Appropriations Act, 2015.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5887ih/xml/BILLS-113hr5887ih.xml
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113-hr-5888
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I 113th CONGRESS 2d Session H. R. 5888 IN THE HOUSE OF REPRESENTATIVES December 16, 2014 Mr. Cleaver introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 200 Westport Road in Kansas City, Missouri, as the Nutterville Post Office Building .
1. Nutterville Post Office Building (a) Designation The facility of the United States Postal Service located at 200 Westport Road in Kansas City, Missouri, shall be known and designated as the Nutterville Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Nutterville Post Office Building .
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113-hr-5889
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I 113th CONGRESS 2d Session H. R. 5889 IN THE HOUSE OF REPRESENTATIVES January 2, 2015 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To revise the Uniform Crime Reports, and the National Incident-Based Reporting System, to direct the Director of the Federal Bureau of Investigation to include information in those reports pertaining to law enforcement-involved justifiable homicides, and for other purposes.
1. Short title This Act may be cited as the Justifiable Homicide Accuracy in Reporting Act of 2014 . 2. Reporting of law enforcement-involved justifiable homicides (a) In general The Director of the Federal Bureau of Investigation shall revise the Uniform Crime Reports and the National Incident-Based Reporting System to include information in those reports pertaining to law enforcement-involved justifiable homicides. (b) Definition For purposes of this section, the term Uniform Crime Reports means the reports authorized under section 534 of title 28, United States Code, and administered by the Federal Bureau of Investigation which compile nationwide criminal statistics for use in law enforcement administration, operation, and management and to assess the nature and type of crime in the United States.
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113-hr-5890
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I 113th CONGRESS 2d Session H. R. 5890 IN THE HOUSE OF REPRESENTATIVES January 2, 2015 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To conduct a study to ensure that enhanced communication is provided between commercial aircraft and air traffic control towers, and for other purposes.
1. Short title The Act may be cited as the No Missing Planes Act . 2. Study of technology to improve communication of aircraft with air traffic control towers (a) Study The Administrator of the Federal Aviation Administration shall complete a study which shall include— (1) the feasibility of providing communication from commercial aircraft to air traffic control towers when an aircraft leaves its flight plan or experiences dangerous or threatening conditions and pinpointing the location of an aircraft that is missing within 30 minutes by disseminating the information globally in less than an hour to rescue and recovery agencies; (2) information on the possible transition of black boxes to telematics systems that routinely throughout a flight communicate the contents of black boxes to secure store faculties managed by the National Transportation Safety Board; (3) the investigation of the automation of data collection from aircraft while in flight and automate the transmission of data in such a way that the rate of transition is dependent on the speed of the aircraft and the conditions under which it is being operated (turbulence and faster speed would trigger more frequent uplink of data from the black boxes on the flight) the warehousing of data that establishes chain of custody for data if needed as the last official record of an aircraft, and the analysis of the data that is received to identify anomalous data; (4) the review of the availability of tamper proof transponders that cannot be turned off in flight and an alert if a transponder is tampered with while in flight; (5) the feasibility of securing transponders from being cloned or data being changed from the original designation that is assigned to the physical aircraft it is associated with and the proper safeguards to be sure that use of an assigned transponder identification protocol by another aircraft is prohibited by design and the communication system and requisite protocols that will support the system, including a mechanism to investigate the ability to introduce transponder designations that are not assigned by aviation regulatory authorities; (6) the investigation of the means by which the United States could enforce that no airline operating in the United States or operate gates at an airport in the country may have communication technology that does not conform to domestic available communication technology standards; and (7) the investigation of how quickly relevant statistical data on commercial aircraft can be shared with the Federal Aviation Administration, the Department of Homeland Security, and the North American Command in the event that a flight fails to respond to communication or ceases to be detectable by ground control. (b) Report Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to the Committees on Transportation and Infrastructure, Homeland Security, and Armed Services of the House of Representatives and the Committees on Commerce, Science, and Transportation, Homeland Security and Governmental Affairs, and Armed Services of the Senate. (c) Authorization of appropriations There is authorized to be appropriated to carry out this study, $10,000,000.
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113-hr-5891
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I 113th CONGRESS 2d Session H. R. 5891 IN THE HOUSE OF REPRESENTATIVES January 2, 2015 Mr. Stockman introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To increase the standards of school lunch programs.
1. Short title This Act may be cited as the Michelle Obama Nutritional Act . 2. Nutritional guidelines The nutritional and calorie standards of purchasing for the National School Lunch Program shall be the same as those defined for purchases under the Supplemental Nutritional Assistance Program.
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113-hr-5892
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I 113th CONGRESS 2d Session H. R. 5892 IN THE HOUSE OF REPRESENTATIVES January 2, 2015 Mr. Stockman introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committees on Ways and Means and Agriculture , 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 protect cryptocurrencies.
1. Short title This Act may be cited as the Online Market Protection Act of 2014 . 2. Moratorium (a) Neither the Federal Government nor any State or political subdivision thereof shall impose any statutory restrictions or regulations specifically identifying and governing the creation, use, exploitation, possession or transfer of any algorithmic protocols governing the operation of any virtual, non-physical, algorithm or computer source code-based medium for exchange (collectively, cryptocurrency as defined herein) for a period beginning June 1, 2015, and extending five years after the enactment of this Act (such period, the moratorium period ), except for statutes already enacted and effective prior to the date of enactment of this Act, and further suspending the enactment and effectiveness of any and all pending statutes and regulations until the end of the aforementioned moratorium period, except as otherwise provided in this section. (b) During the moratorium period, the Federal Government and all State governments and political subdivisions thereof shall not impose any further statutory restrictions or regulations affecting Smart Contract platforms such as cryptographic escrow services, multi-signature transactions, and oracles, so as to allow for the growth and facilitation of these important facets of cryptological technology. (c) Federal and State Agencies shall consider cryptocurrencies exempt commodities akin to gold and silver, rather than excluded commodities such as national fiat currencies. The Bitcoin cryptological protocol is not strictly a currency, but is a broad multifaceted protocol which allows for myriad novel applications. (d) Federal and State Agencies shall have no jurisdiction over Cryptocurrency Economy Transactions or Bitcoin Economy Transactions. The financial regulations authorizing these agencies are designed to protect users of financial instruments from fraud, manipulation, and other types of misconduct that result in real economic losses; not virtual losses solely within a cryptographic network. (e) Nothing in this Act shall prevent, impair or impede the operation of any government agency, authority or instrumentality, whether of the Federal Government or of any State or political subdivision thereof, to enforce currently existing criminal, civil or taxation statutes and regulations. 3. Definitions (a) Algorithm is defined as a procedure for solving a mathematical problem in a finite number of steps performed by a computer. (b) Algorithmic chain is a series or chain of bits of data comprising a unique string of data which is the basis for the cryptographic proof of a valid transfer or transaction of cryptocurrencies. The algorithmic chain for a cryptocurrency is commonly referred to as a blockchain . (c) The cryptographic proof for each transaction or transfer is based on one unique algorithmic chain, distinct from all previously existing algorithms and neither replicable nor reusable yet sharing with all other units at least one common source code element in the algorithmic chain (or blockchain ) in the transferor’s existing Bitcoin or bitcoins. (d) Protocol refers to procedures or guidelines governing the creation, development and operation of a cryptocurrency. (e) Service is defined as the Internal Revenue Service. (f) The phrase using the Internet or other electronic, non-physical medium means by placement of material in a computer server-based file archive so that it is publicly accessible on, through, or over the Internet, using hypertext transfer protocol, file transfer protocol, or other similar protocols. (g) Cryptocurrency is a popular term encompassing code-based protocols supporting an electronic, non-physical media for the exchange of value, and for the sake of both clarity and the avoidance of confusion in the mind of the public, based on the prior use of this term by the Internal Revenue Service in its initial guidance (see Notice 2014–21, released March 26, 2014) this term is used herein. However, it is believed cryptocurrency encompasses the same protocols as those covered by terms such as digital currency , virtual currency or electronic currency . (h) Agencies is defined as the regulatory bodies of the Federal Government and the State governments or political subdivision thereof, including but not limited to the Commodity and Futures Trading Committee ( CFTC ), the Securities and Exchange Commission ( SEC ), the Board of Governors of the Federal Reserve, the Financial Crimes Enforcement Network ( FinCEN ), and the New York State Department of Financial Services ( NYSDFS ). (i) Smart Contracts are cryptographically encoded agreements, often utilizing multi-signature technology, which allow for automatic or multi-party execution and public recording of transactions or property transfers when certain predetermined parameters are met. (j) Multi-Signature Transactions are cryptographic contracts encoded in the blockchain, often involving third-party arbitrators or oracles, which are finalized when a pre-set number of involved parties sign off. In a three-party multi-signature transaction involving an arbitrator, the transaction may be finalized only when two (2) out of the three (3) parties—a buyer, a seller, and/or the arbitrator—sign off on the transaction. (k) Cryptographic Escrow Services are services that allow for fund transfers subject to the authorization of an arbitrator or other intermediary. These transactions can utilize multi-signature technology, allowing for the possibility of arbitration without requiring any actual transfer of funds through the intermediary. (l) Oracles are automated programs or algorithms acting as signatories to multi-signature transactions. Utilizing databases and information amalgamators, an oracle automatically executes its signature when predetermined threshold is met. (m) Cryptocurrency Economy Transactions or Bitcoin Economy Transactions are transactions involving financial instruments denominated in Bitcoin or another cryptocurrency underlying a transaction which is also denominated in Bitcoin or another cryptocurrency. A Bitcoin-denominated credit default swap that references a Bitcoin-denominated loan would be a Bitcoin Economy Transaction. 4. Declaration of moratorium (a) In general It is the public policy of the United States that no new statutes, regulations or advisory opinions be passed, implemented, enforced or issued governing the creation, use, possession or taxation of cryptocurrencies, the protocols governing each and the data, codes, algorithms or other calculations comprising each, until the expiration of the moratorium as provided in this Act. (b) Public interest It is further the public policy of the United States that the development and use of any medium of exchange which utilizes cryptographic proof of and for a transaction of cryptocurrency without the need for or reliance upon third-party intermediaries or verification will enhance the economic well-being of the American people and result in significant economic growth. Given the blockchain’s capacity to serve as a public ledger, software developers are creating mechanisms for smart technologies that will eliminate the need for many forms of costly intermediation ranging from third-party arbitration in legal disputes to key-exchanges in car and hotel rentals. The capacity for publicly recorded multi-signature transactions will allow for the seamless property transfers that are certifiable, public and secure without the use of an intermediary. These and other uses increase market efficiency and facilitate economic activity and growth. Moreover, these advances promote the autonomy and liberty of individuals and small businesses at the expense of needless bureaucracy. 5. Declaration of neutral tax treatment (a) In general It is the public policy of the United States that the production, possession or use of cryptocurrency, whether in trade, commerce or personal non-commercial transfers, should not be disfavored or discouraged by the Federal tax code or other Federal or State statute or regulation. (b) Tax treatment It is the public policy of the United States that the current guidance just promulgated and released by the Service in its Notice 2014–21 is advisory, subject to public comment and not in final form pending the expiration of the comment period. As such, Congress believes that the current guidance is less than optimal for the American people and economy, and directs the Service to issue or revise interim regulations consistent with the following. (c) Treatment as currency It is the public policy of the United States that virtual currencies should be treated as currency instead of property in order to foster an equitable tax treatment and prevent a tax treatment that would discourage the use of any cryptocurrency. Tax treatment of cryptocurrency as property does not account for the substantial illiquidity and highly limited acceptance and use of cryptocurrency, and substantially and unfairly discourages taxpayers engaging in a trade or business from using cryptocurrency in commerce. This circumstance is likely to discourage economic activity and stifle innovation and growth. At present, a taxpayer accepting cryptocurrency for goods or services will be taxed on the fair market value of the cryptocurrency despite the fact that exchange rates (from cryptocurrency to conventional currency) are both highly volatile and published or available only on a small number of proto-exchanges in the early stages of development, acceptance and awareness by cryptocurrency users. As a result, current tax treatment will measure income on the basis of an illiquid and likely inaccurate fair market value that exceeds the taxpayer’s true fair market value and hence income, resulting in the risk of a consistent overtaxation or overpayment that will act as a strong deterrent to or penalty for accepting cryptocurrency in payment. Such tax treatment is inconsistent with the tax treatment of secured notes for payment in trade or commerce, which recognizes a discount from the face value of the note due to the illiquid nature of the payment. (Note: See IRS Pub. 525 at 4.) (d) Revenue in trade or business; taxation upon monetizing event It is the public policy of the United States that taxpayers accepting cryptocurrency in trade or commerce should be deemed to realize actual income only when cryptocurrency is monetized through conversion or exchange into dollars or any official government currency, and that fair market value should be calculated as net proceeds from the conversion. (Note: This treatment seeks to achieve the most accurate and fair measure of actual income received, as distinguished from theoretical income in the form of cryptocurrency which, until its conversion to dollars, remains under substantial risk of diminution from illiquidity or other conversion risks or inefficiencies. This treatment is consistent with tax treatment of statutory stock options where the taxable event is not the receipt or exercise of the option, but the sale of the underlying stock for proceeds in cash. The goal here is to have income taxed when the income is actual instead of theoretical and subject to substantial if not total risk of loss through liquidity problems, exchange problems or other barriers to monetization.) Accordingly, as it is the further public policy of the United States that income on cryptocurrency received in trade or business should be defined as the net proceeds from conversion of the received cryptocurrency into dollars, the Service is hereby directed to revise or issue interim regulations consistent herewith. (e) Revenue from mining or creation of cryptocurrency It is the public policy of the United States that the Service’s guidance that taxpayers should have the fair market value of the cryptocurrency they successfully mine or produce included in gross income is inequitable, overstates actual income by overstating fair market value by not accounting for the liquidity risk or the risk that substantial effort may yield no production, and strongly and unfairly penalizes or discourages such income producing efforts and deters economic growth, activity and innovation. Accordingly, as it is the further public policy of the United States that mined produced cryptocurrency should be taxed as income only when actual a transfer and conversion of proceeds into dollars realize income, the Service is hereby directed to revise or issue interim regulations consistent herewith. 6. Severability If any provision of this title, or any amendment made by this title, or the application of that provision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that title, and the application of that provision to other persons and circumstances, shall not be affected.
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113-hr-5893
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I 113th CONGRESS 2d Session H. R. 5893 IN THE HOUSE OF REPRESENTATIVES January 2, 2015 Mr. Stockman introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Natural Resources , Agriculture , 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 restore the First Amendment Rights of Photographers.
1. Short title This Act may be cited as the Ansel Adams Act . 2. Findings Congress finds as follows: (1) In recent years, the Federal Government has enacted regulations to prohibit or restrict photography in National Parks, public spaces, and of government buildings, law enforcement officers, and other government personnel carrying out their duties. (2) In recent years, photographers on Federal lands and spaces have been threatened with seizure and forfeiture of photographic equipment and memory cards, and have been arrested or threatened with arrest for merely recording what the eye can see from public spaces. (3) Even in the absence of laws or regulations, Federal law enforcement officers, other government personnel, and private contractors have been instructed to prohibit photography from public spaces, and threatened photographers with arrest or seizure of photographic equipment. (4) Arresting photographers, seizing photographic equipment, and requirements to obtain permits, pay fees, or buy insurance policies are abridgments of freedom of speech and of the press. (5) The First Amendment of the United States Constitution states, Congress shall make no law … abridging the freedom of speech, or of the press. . (6) Still and motion photographs are speech. (7) The photography by Ansel Adams and other famous photographers helped bring home to Americans the beauty and fragility of our natural resources. (8) Ansel Adams’ photographs helped build public support to make Yosemite into a National Park. (9) Future Ansel Adams must not have their paths blocked, regulated and made more expensive with fees and fines, or be threatened with arrest and seizure of their equipment. 3. Restoration of first amendment rights to photographers (a) In general It is contrary to the public policy of the United States to prohibit or restrict photography in public spaces, whether for private, news media, or commercial use. (b) Should a Federal agency seek to restrict photography of its installations or personnel, it shall obtain a court order that outlines the national security or other reasons for the restriction. Such court order shall allow restrictions of photography when such photography may lead to the endangerment of public safety or national security. Nothing in this Act shall restrict Federal agencies from taking lawful steps to ascertain whether or not photography may consist of reconnaissance for the purpose of endangerment of public safety or national security or for other unlawful activity. Nothing in this Act shall be construed to repeal, invalidate, or supersede section 795 of title 18, United States Code. (c) Prohibition on fees, permits, or insurance No Federal Government agency shall require fees, permits or insurance as a condition to take still or moving images on Federal lands, National Parks and Forests, and public spaces, whether for private, media, or commercial use. (d) Prohibition on the seizure and forfeiture of photographic equipment Federal law enforcement officers or private contractors shall not seize any photographic equipment or their contents or memory cards or film, and shall not order a photographer to erase the contents of a camera or memory card or film. 4. Definition Photography means any form or method of capturing and recording or transmitting still or moving images.
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113-hres-10
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IV 113th CONGRESS 1st Session H. RES. 10 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Fudge (for herself, Ms. Clarke , Mr. Cohen , Mr. Rush , Ms. Norton , Mr. Thompson of Mississippi , Mr. Clay , Mr. Conyers , Mrs. Beatty , Mr. Al Green of Texas , Mr. Johnson of Georgia , Mr. Richmond , and Ms. Wilson of Florida ) submitted the following resolution; which was referred to the Committee on Education and the Workforce RESOLUTION Recognizing the 100th Anniversary of Delta Sigma Theta Sorority, Incorporated.
Whereas Delta Sigma Theta Sorority, Incorporated, was founded on January 13, 1913, by 22 college women at Howard University; Whereas the founders of Delta Sigma Theta Sorority, Incorporated, include Osceola Macarthy Adams, Marguerite Young Alexander, Winona Cargile Alexander, Ethel Cuff Black, Bertha Pitts Campbell, Zephyr Chisom Carter, Edna Brown Coleman, Jessie McGuire Dent, Frederica Chase Dodd, Myra Davis Hemmings, Olive Jones, Jimmie Bugg Middleton, Pauline Oberdorfer Minor, Vashti Turley Murphy, Naomi Sewell Richardson, Mamie Reddy Rose, Eliza P. Shippen, Florence Letcher Toms, Ethel Carr Watson, Wertie Blackwell Weaver, Madree Penn White, and Edith Motte Young; Whereas Delta Sigma Theta Sorority, Incorporated, is a private, non-profit organization whose purpose is to provide assistance and support through established programs in local communities throughout the world; Whereas Delta Sigma Theta Sorority, Incorporated, is the largest African-American Greek letter sorority, a sisterhood of more than 200,000 predominately African-American college-educated women, comprised of over 900 chapters located in the United States, England, Japan (Tokyo and Okinawa), Germany, the Virgin Islands, Bermuda, Haiti, the Bahamas, and the Republic of Korea; Whereas Delta Sigma Theta Sorority, Incorporated, has a legacy of exercising its collective strength to promote academic excellence and to provide assistance to persons in need; Whereas Delta Sigma Theta Sorority, Incorporated, uses its Five-Point Program Thrust of Economic Development, Educational Development, International Awareness and Involvement, Physical and Mental Health, and Political Awareness and Involvement to uplift, encourage, and develop the global community; Whereas Delta Sigma Theta Sorority, Incorporated, has demonstrated a steadfast commitment to service by implementing and sustaining programs such as those through the Financial Fortitude initiative, which seek to close the widening gap between the poor and wealthy, and through educational programs, such as the established Dr. Betty Shabazz Delta Academy, which provides opportunity for local chapters to enrich and enhance the education that young women receive in public schools across the Nation to prepare them for full participation as leaders in the 21st Century; Whereas Delta Sigma Theta Sorority, Incorporated, has demonstrated a steadfast global commitment of service by establishing and maintaining the Mary Help of the Sick Mission Hospital in Thika, Kenya, and as evidenced by its designation a non-governmental organization to the Economic and Social Council of the United Nations and its promotion to special consultative status, as a result of its volunteer services and humanitarian efforts performed to address issues throughout the world; Whereas Delta Sigma Theta Sorority, Incorporated, has remained an active and committed participant in the democratic process by instituting its annual Delta Days at the United Nations and Delta Days in the Nation’s Capital; Whereas the current members of Delta Sigma Theta Sorority, Incorporated, stand on the shoulders of giants, such as Congresswoman Shirley Chisholm, Congresswoman Barbara Jordan, Senator Carol Moseley Braun, Congresswoman Carrie P. Meek, Congresswoman Stephanie Tubbs Jones, Dr. Dorothy I. Height, and the Honorable Patricia Roberts Harris to name a few, who have left an incredible imprint on the Nation’s history; and Whereas Delta Sigma Theta, Incorporated, continues to make a difference in American and international communities, always following in the footsteps of its Founders and upholding its commitment to be great stewards of sisterhood, scholarship, and service: Now, therefore, be it
That the House of Representatives— (1) recognizes the centennial anniversary of the founding of Delta Sigma Theta Sorority, Incorporated; and (2) applauds and honors Delta Sigma Theta Sorority, Incorporated, and all its members for a century of fortitude and distinguished service to the people of the United States and the global community.
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IV 113th CONGRESS 1st Session H. RES. 11 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Welch (for himself, Mr. Clyburn , and Mr. Courtney ) submitted the following resolution; which was referred to the Committee on Rules RESOLUTION Amending the Rules of the House of Representatives to reinstate the Gephardt rule .
That the Rules of the House of Representatives is amending by adding at the end the following new rule: Rule XXX Statutory limit on public debt 1. Upon adoption by Congress of a concurrent resolution on the budget under section 301 or 304 of the Congressional Budget Act of 1974 that sets forth, as the appropriate level of the public debt for the period to which the concurrent resolution relates, an amount that is different from the amount of the statutory limit on the public debt that otherwise would be in effect for that period, the Clerk shall prepare an engrossment of a joint resolution increasing or decreasing, as the case may be, the statutory limit on the public debt in the form prescribed in clause 2. Upon engrossment of the joint resolution, the vote by which the concurrent resolution on the budget was finally agreed to in the House shall also be considered as a vote on passage of the joint resolution in the House, and the joint resolution shall be considered as passed by the House and duly certified and examined. The engrossed copy shall be signed by the Clerk and transmitted to the Senate for further legislative action. 2. The matter after the resolving clause in a joint resolution described in clause 1 shall be as follows: That subsection (b) of section 3101 of title 31, United States Code, is amended by striking out the dollar limitation contained in such subsection and inserting in lieu thereof $___ . , with the blank being filled with a dollar limitation equal to the appropriate level of the public debt set forth pursuant to section 301(a)(5) of the Congressional Budget Act of 1974 in the relevant concurrent resolution described in clause 1. If an adopted concurrent resolution under clause 1 sets forth different appropriate levels of the public debt for separate periods, only one engrossed joint resolution shall be prepared under clause 1; and the blank referred to in the preceding sentence shall be filled with the limitation that is to apply for each period. 3. (a) The report of the Committee on the Budget on a concurrent resolution described in clause 1 and the joint explanatory statement of the managers on a conference report to accompany such a concurrent resolution each shall contain a clear statement of the effect the eventual enactment of a joint resolution engrossed under this rule would have on the statutory limit on the public debt. (b) It shall not be in order for the House to consider a concurrent resolution described in clause 1, or a conference report thereon, unless the report of the Committee on the Budget or the joint explanatory statement of the managers complies with paragraph (a). 4. Nothing in this rule shall be construed as limiting or otherwise affecting— (a) the power of the House or the Senate to consider and pass bills or joint resolutions, without regard to the procedures under clause 1, that would change the statutory limit on the public debt; or (b) the rights of Members, Delegates, the Resident Commissioner, or committees with respect to the introduction, consideration, and reporting of such bills or joint resolutions. 5. In this rule the term statutory limit on the public debt means the maximum face amount of obligations issued under authority of chapter 31 of title 31, United States Code, and obligations guaranteed as to principal and interest by the United States (except such guaranteed obligations as may be held by the Secretary of the Treasury), as determined under section 3101(b) of such title after the application of section 3101(a) of such title, that may be outstanding at any one time. .
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IV 113th CONGRESS 1st Session H. RES. 12 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Welch (for himself, Mr. Clyburn , Mr. Courtney , and Mr. Yarmuth ) submitted the following resolution; which was referred to the Committee on Rules RESOLUTION Amending the Rules of the House of Representatives to require that any extension of the public debt limit only be considered in a standalone bill.
That rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new clause: Consideration of public debt limit extension 12. It shall not be in order to consider any bill or joint resolution extending the limit on the public debt if such measure contains any other matter. .
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IV 113th CONGRESS 1st Session H. RES. 13 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Gingrey of Georgia (for himself, Mr. Westmoreland , Mr. Posey , and Mr. Conaway ) submitted the following resolution; which was referred to the Committee on Rules RESOLUTION Amending the Rules of the House of Representatives to require that general appropriations for military construction and veterans’ affairs be considered as stand-alone measures.
That rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new clause: Stand-alone requirement for military construction and veterans’ affairs appropriations 12. It shall not be in order to consider any bill or joint resolution, or conference report thereon, containing appropriations within the jurisdiction of the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations if such measure also contains appropriations within the jurisdiction of any other subcommittee of that committee. The preceding sentence shall not apply to any measure making supplemental appropriations or to any measure continuing appropriations for a period of not to exceed 60 days. .
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IV 113th CONGRESS 1st Session H. RES. 14 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Hoyer submitted the following resolution; which was referred to the Committee on Rules RESOLUTION Amending the Rules of the House of Representatives to permit Delegates and the Resident Commissioner to the Congress to cast votes in the Committee of the Whole House on the state of the Union.
1. Voting by Delegates and Resident Commissioner in Committee of the Whole (a) Permitting Votes To be Cast Clause 3(a) of rule III of the Rules of the House of Representatives is amended by inserting before the first sentence the following: In a Committee of the Whole House on the state of the Union, each Delegate and the Resident Commissioner shall possess the same powers and privileges as Members of the House. . (b) Appointment of Chair The first sentence of clause 1 of rule XVIII of the Rules of the House of Representatives is amended by striking Member and inserting Member, Delegate, or the Resident Commissioner . (c) Repeating of Certain Votes Clause 6 of rule XVIII of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: (h) Whenever a recorded vote on any question has been decided by a margin within which the votes cast by the Delegates and the Resident Commissioner have been decisive, the Committee of the Whole shall rise and the Speaker shall put such question de novo without intervening motion. Upon the announcement of the vote on that question, the Committee of the Whole shall resume its sitting without intervening motion. .
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IV 113th CONGRESS 1st Session H. RES. 15 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee submitted the following resolution; which was referred to the Committee on Homeland Security RESOLUTION Expressing the sense of the House of Representatives that the Transportation Security Administration should, in accordance with existing law, enhance security against terrorist attack and other security threats to our Nation’s rail and mass transit systems and other modes of surface transportation; and for other purposes.
Whereas the Transportation Security Administration is uniquely positioned to lead the efforts to secure our Nation’s rail and mass transit systems and other modes of surface transportation against terrorist attack as a result of expertise developed over nine years of securing our Nation's commercial air transportation system; Whereas the successes of the Transportation Security Administration's National Explosives Detection Canine Team Program has furthered the Transportation Security Administration's ability to secure our Nation’s transportation systems against terrorist attack by preventing and protecting against explosives threats; Whereas each weekday 11,300,000 passengers depend on our Nation’s mass transit systems as a means of transportation; Whereas rail and mass transit systems serve as an enticing target for terrorists and terrorist organizations, such as Al Qaeda, as evidenced by the March 11, 2004, attack on the Madrid, Spain, rail system, the July 7, 2005, attack on the London, England, mass transit system, the July 11, 2006, and November 26, 2008, attacks on the Mumbai, India, rail system, and the March 29, 2010, attack on the Moscow, Russia, mass transit system; Whereas the Transportation Security Administration Authorization Act of 2009, which was passed by the House of Representatives on June 4, 2009, in an overwhelming and bipartisan manner, expresses Congress’ commitment to bolstering the security of rail and mass transit systems; and Whereas securing our Nation’s rail and mass transit systems against terrorist attack and other security threats is essential due to their impact on our Nation’s economic stability and the continued functioning of our national economy: Now, therefore, be it
That it is the sense of the House of Representatives that the Transportation Security Administration should— (1) continue to enhance security against terrorist attack and other security threats to our Nation's rail and mass transit systems and other modes of surface transportation, including as provided for in the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ) and the Transportation Security Administration Authorization Act of 2009 (H.R. 2200 in the 111th Congress); (2) continue development of the National Explosives Detection Canine Team Program, which has proven to be an effective tool in securing against explosives threats to our Nation's rail and mass transit systems, with particular attention to the application of its training standards and the establishment of a reliable source of domestically bred canines; (3) improve upon the success of the Online Learning Center by providing increased person-to-person professional development programs to ensure those responsible for securing our surface transportation systems against terrorist attack are highly trained in both securing those systems against terrorist attack and professional relations with the traveling public; and (4) continue to secure our Nation’s mass transit and rail systems against terrorist attack and other security threats, so as to ensure the security of commuters on our Nation’s rail and mass transit systems and prevent the disruption of rail lines critical to our Nation’s economy.
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IV 113th CONGRESS 1st Session H. RES. 16 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Schweikert submitted the following resolution; which was referred to the Committee on Rules RESOLUTION Amending the Rules of the House of Representatives to prohibit the consideration of any bill or joint resolution carrying more than one subject.
That rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new clause: Restrictions on bills and joint resolutions 12. It shall not be in order to consider any bill or joint resolution carrying more than one subject. .
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I 113th CONGRESS 1st Session H. RES. 17 In the House of Representatives, U. S., January 4, 2013 RESOLUTION Electing Members to certain standing committees of the House of Representatives
That following named Members be, and are hereby, elected to the following standing committees of the House of Representatives: Committee on Agriculture: Mr. Goodlatte; Mr. King of Iowa; Mr. Neugebauer; Mr. Rogers of Alabama; Mr. Conaway; Mr. Thompson of Pennsylvania; Mr. Gibbs; Mr. Austin Scott of Georgia; Mr. Tipton; Mr. Southerland; Mr. Crawford; Mrs. Roby; Mr. DesJarlais; Mr. Gibson; Mrs. Hartzler; Mr. Ribble; Mrs. Noem; Mr. Benishek; Mr. Denham; Mr. LaMalfa; Mr. Hudson; Mr. Rodney Davis of Illinois; Mr. Collins of New York; and Mr. Yoho. Committee on Appropriations: Mr. Young of Florida; Mr. Wolf; Mr. Kingston; Mr. Frelinghuysen; Mr. Latham; Mr. Aderholt; Mrs. Emerson; Ms. Granger; Mr. Simpson; Mr. Culberson; Mr. Crenshaw; Mr. Carter; Mr. Alexander; Mr. Calvert; Mr. Bonner; Mr. Cole; Mr. Diaz-Balart; Mr. Dent; Mr. Graves of Georgia; Mr. Yoder; Mr. Womack; Mr. Nunnelee; Mr. Fortenberry; Mr. Rooney; Mr. Fleischmann; Ms. Herrera Beutler; Mr. Joyce; and Mr. Valadao. Committee on Armed Services: Mr. Thornberry; Mr. Jones; Mr. Forbes; Mr. Miller of Florida; Mr. Wilson of South Carolina; Mr. LoBiondo; Mr. Bishop of Utah; Mr. Turner; Mr. Kline; Mr. Rogers of Alabama; Mr. Franks of Arizona; Mr. Shuster; Mr. Conaway; Mr. Lamborn; Mr. Wittman; Mr. Hunter; Mr. Fleming; Mr. Coffman; Mr. Rigell; Mr. Gibson; Mrs. Hartzler; Mr. Heck of Nevada; Mr. Runyan; Mr. Austin Scott of Georgia; Mr. Palazzo; Mrs. Roby; Mr. Brooks of Alabama; Mr. Nugent; Mrs. Noem; Mr. Cook; Mr. Bridenstine; Mr. Wenstrup; and Mrs. Walorski. Committee on Education and the Workforce: Mr. Petri; Mr. McKeon; Mr. Wilson of South Carolina; Ms. Foxx; Mr. Price of Georgia; Mr. Marchant; Mr. Hunter; Mr. Roe of Tennessee; Mr. Thompson of Pennsylvania; Mr. Walberg; Mr. Salmon; Mr. Guthrie; Mr. DesJarlais; Mr. Rokita; Mr. Bucshon; Mr. Gowdy; Mr. Barletta; Mrs. Roby; Mr. Heck of Nevada; Mrs. Brooks of Indiana; Mr. Hudson; and Mr. Messer. Committee on Energy and Commerce: Mr. Hall; Mr. Barton; Mr. Whitfield; Mr. Shimkus; Mr. Pitts; Mr. Walden; Mr. Terry; Mr. Rogers of Michigan; Mr. Murphy of Pennsylvania; Mr. Burgess; Mrs. Blackburn; Mr. Gingrey of Georgia; Mr. Scalise; Mr. Latta; Mrs. McMorris Rodgers; Mr. Harper; Mr. Lance; Mr. Cassidy; Mr. Guthrie; Mr. Olson; Mr. McKinley; Mr. Gardner; Mr. Pompeo; Mr. Kinzinger of Illinois; Mr. Griffith of Virginia; Mr. Bilirakis; Mr. Johnson of Ohio; Mr. Long; and Mrs. Ellmers. Committee on Financial Services: Mr. Bachus; Mr. King of New York; Mr. Royce; Mr. Lucas; Mr. Gary G. Miller of California; Mrs. Capito; Mr. Garrett; Mr. Neugebauer; Mr. McHenry; Mr. Campbell; Mrs. Bachmann; Mr. McCarthy of California; Mr. Pearce; Mr. Posey; Mr. Fitzpatrick; Mr. Westmoreland; Mr. Luetkemeyer; Mr. Huizenga of Michigan; Mr. Duffy; Mr. Renacci; Mr. Hurt; Mr. Grimm; Mr. Stivers; Mr. Fincher; Mr. Stutzman; Mr. Mulvaney; Mr. Hultgren; Mr. Ross; Mr. Pittenger; Mrs. Wagner; Mr. Barr; and Mr. Cotton. Committee on Foreign Affairs: Mr. Smith of New Jersey; Ms. Ros-Lehtinen; Mr. Rohrabacher; Mr. Chabot; Mr. Wilson of South Carolina; Mr. McCaul; Mr. Poe of Texas; Mr. Salmon; Mr. Marino; Mr. Duncan of South Carolina; Mr. Kinzinger of Illinois; Mr. Brooks of Alabama; Mr. Cotton; Mr. Cook; Mr. Holding; Mr. Weber of Texas; Mr. Perry; Mr. Stockman; Mr. DeSantis; Mr. Radel; Mr. Collins of Georgia; Mr. Meadows; Mr. Yoho; and Mr. Messer. Committee on Homeland Security: Mr. Smith of Texas; Mr. King of New York; Mr. Rogers of Alabama; Mr. Broun of Georgia; Mrs. Miller of Michigan; Mr. Meehan; Mr. Duncan of South Carolina; Mr. Marino; Mr. Chaffetz; Mr. Palazzo; Mr. Barletta; Mr. Stewart; Mr. Rothfus; Mr. Hudson; Mr. Daines; Mrs. Brooks of Indiana; and Mr. Perry. Committee on the Judiciary: Mr. Sensenbrenner; Mr. Coble; Mr. Smith of Texas; Mr. Chabot; Mr. Bachus; Mr. Issa; Mr. Forbes; Mr. King of Iowa; Mr. Franks of Arizona; Mr. Gohmert; Mr. Jordan; Mr. Poe of Texas; Mr. Chaffetz; Mr. Marino; Mr. Gowdy; Mr. Amodei; Mr. Labrador; Mr. Farenthold; Mr. Holding; Mr. Collins of Georgia; Mr. DeSantis; and Mr. Rothfus. Committee on Natural Resources: Mr. Young of Alaska; Mr. Gohmert; Mr. Bishop of Utah; Mr. Lamborn; Mr. Wittman; Mr. Broun of Georgia; Mr. Fleming; Mr. McClintock; Mr. Thompson of Pennsylvania; Mrs. Lummis; Mr. Benishek; Mr. Duncan of South Carolina; Mr. Tipton; Mr. Gosar; Mr. Labrador; Mr. Southerland; Mr. Flores; Mr. Harris; Mr. Runyan; Mr. Amodei; Mr. Mullin; Mr. Stewart; Mr. Daines; Mr. Cramer; and Mr. LaMalfa. Committee on Oversight and Government Reform: Mr. Mica; Mr. Turner; Mr. Duncan of Tennessee; Mr. McHenry; Mr. Jordan; Mr. Chaffetz; Mr. Walberg; Mr. Lankford; Mr. Amash; Mr. Gosar; Mr. Meehan; Mr. DesJarlais; Mr. Gowdy; Mr. Farenthold; Mr. Hastings of Washington; Mrs. Lummis; Mr. Woodall; Mr. Massie; Mr. Collins of Georgia; Mr. Meadows; Mr. Bentivolio; and Mr. DeSantis. Committee on Science, Space, and Technology: Mr. Sensenbrenner; Mr. Hall; Mr. Rohrabacher; Mr. Lucas; Mr. Neugebauer; Mr. McCaul; Mr. Broun of Georgia; Mr. Palazzo; Mr. Brooks of Alabama; Mr. Harris; Mr. Hultgren; Mr. Bucshon; Mr. Stockman; Mr. Posey; Mrs. Lummis; Mr. Schweikert; Mr. Massie; Mr. Cramer; Mr. Bridenstine; Mr. Weber of Texas; and Mr. Stewart. Committee on Small Business: Mr. Chabot; Mr. King of Iowa; Mr. Coffman; Mr. Luetkemeyer; Mr. Mulvaney; Mr. Tipton; Ms. Herrera Beutler; Mr. Hanna; Mr. Huelskamp; Mr. Schweikert; Mr. Bentivolio; Mr. Collins of New York; and Mr. Rice of South Carolina. Committee on Transportation and Infrastructure: Mr. Young of Alaska; Mr. Petri; Mr. Coble; Mr. Duncan of Tennessee; Mr. Mica; Mr. LoBiondo; Mr. Gary G. Miller of California; Mr. Graves of Missouri; Mrs. Capito; Mrs. Miller of Michigan; Mr. Hunter; Mr. Harris; Mr. Crawford; Mr. Barletta; Mr. Farenthold; Mr. Bucshon; Mr. Gibbs; Mr. Meehan; Mr. Hanna; Mr. Webster of Florida; Mr. Southerland; Mr. Denham; Mr. Ribble; Mr. Massie; Mr. Daines; Mr. Rice of South Carolina; Mr. Mullin; Mr. Williams; Mr. Radel; Mr. Meadows; Mr. Perry; and Mr. Rodney Davis of Illinois. Committee on Veterans’ Affairs: Mr. Lamborn; Mr. Bilirakis; Mr. Roe of Tennessee; Mr. Flores; Mr. Denham; Mr. Runyan; Mr. Benishek; Mr. Huelskamp; Mr. Amodei; Mr. Coffman; Mr. Wenstrup; Mr. Cook; and Mrs. Walorski. Committee on Ways and Means: Mr. Sam Johnson of Texas; Mr. Brady of Texas; Mr. Ryan of Wisconsin; Mr. Nunes; Mr. Tiberi; Mr. Reichert; Mr. Boustany; Mr. Roskam; Mr. Gerlach; Mr. Price of Georgia; Mr. Buchanan; Mr. Smith of Nebraska; Mr. Schock; Ms. Jenkins; Mr. Paulsen; Mr. Marchant; Mrs. Black; Mr. Reed; Mr. Young of Indiana; Mr. Kelly; and Mr. Griffin of Arkansas.
Karen L. Haas, Clerk.
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IV 113th CONGRESS 1st Session H. RES. 18 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Ms. Kaptur submitted the following resolution; which was referred to the Committee on Foreign Affairs RESOLUTION Honoring the memory of Poland’s President, national leaders, and cultural leaders who were killed in the tragic plane crash at Smolensk, Russia on April 10, 2010.
Whereas Poland’s President Lech Kaczyński and 95 other people, including Poland’s First Lady, deputy foreign minister, deputy defense minister, dozens of members of Parliament, the chiefs of the army and navy, other chiefs of the Polish armed forces, and the president of the national bank, were killed when the President’s airliner, a Tupelov TU–154M, crashed near Smolensk, Russia on April 10, 2010; Whereas Anna Walentynowicz, the former dock worker whose firing in 1980 sparked the Solidarity strike that ultimately overthrew the communist government of Poland, was also killed in the crash; Whereas Ryszard Kaczorowski, who served as Poland’s final president in exile before the country’s return to democracy, also perished in the crash; Whereas Chicago suffered the loss of a respected artist when Wojciech Seweryn, whose father was killed in Katyn, died in the crash; Whereas this tragedy occurred as the Polish delegation was on its final approach to land in order to attend an historic ceremony to publically commemorate the 70th anniversary of the Katyn Massacre of 1940; Whereas, in 1940, the Soviet secret police, the People’s Commissariat for Internal Affairs (NKVD), was directed by Joseph Stalin to systematically murder approximately 22,000 Polish military officers, prisoners, and intellectuals; Whereas, on September 18, 1951, the House of Representatives established the Select Committee to Conduct an Investigation and Study of the Facts, Evidence, and Circumstances of the Katyn Forest Massacre; Whereas, on December 22, 1952, the Select Committee unanimously concluded in its final report that the Soviet NKVD committed the mass murders of the Polish officers and intellectual leaders in the Katyn Forest, stating, there has not been a scintilla of proof or even any remote circumstantial evidence presented that could indict any other nation in this international crime ; Whereas the Soviet Union did not admit responsibility for this atrocity until President Mikhail Gorbachev’s statement on April 13, 1990; Whereas the attendance of Prime Minister Vladimir Putin was to be the first time ever that a Russian leader attended the Katyn commemoration; Whereas more than 9,000,000 Americans of Polish descent now reside in the United States and Polish-Americans have been leaders in all walks of American life; Whereas the American people stood in support of the Solidarity movement as it fought against the oppression of the communist government of Poland through peaceful means, eventually leading to Solidarity members being elected to office in open democratic elections held on June 4, 1989, events that helped spark the movement to democracy throughout eastern Europe; Whereas Poland joined the North Atlantic Treaty Organization (NATO) in 1999, joined the European Union in 2004, and has contributed to United States and NATO operations in Iraq and Afghanistan; Whereas Poland has enjoyed a thriving and prosperous free market democracy since the end of the Cold War; and Whereas the United States and Poland are close allies, with a shared bond of history, friendship, and international cooperation: Now, therefore, be it
That the House of Representatives— (1) honors the memory of Poland’s President, national leaders, and cultural leaders who were killed in the tragic plane crash at Smolensk, Russia on April 10, 2010; (2) expresses its deepest sympathies to the people of Poland and the families of those who perished in the April 10, 2010, plane crash; (3) expresses strong and continued solidarity with the people of Poland and all persons of Polish descent; and (4) expresses unwavering support for the Government of Poland as it works to overcome the loss of many key public officials and as it continues to seek information regarding the plane crash on April 10, 2010.
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IV 113th CONGRESS 1st Session H. RES. 19 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Ms. Schakowsky , Mr. Ellison , Ms. Moore , Mr. Markey , Mr. Conyers , Mr. Capuano , Mr. Polis , Mr. Waxman , Mr. Brady of Pennsylvania , Mr. Carson of Indiana , Mr. Schiff , Mr. Levin , Ms. Slaughter , Mr. Loebsack , Ms. Schwartz , Mr. Moran , Ms. Bonamici , Ms. DeGette , Mr. Quigley , Mr. Rush , Ms. Wasserman Schultz , Ms. Lofgren , Mr. Honda , Mr. McGovern , Mr. Welch , Ms. Brown of Florida , Ms. Speier , Ms. Meng , Mr. Andrews , Mr. Grijalva , Ms. Edwards , and Mr. Fattah ) submitted the following resolution; which was referred to the Committee on Foreign Affairs RESOLUTION Expressing the sense of the House of Representatives that the Senate should ratify the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
That it is the sense of the House of Representatives that— (1) the full realization of the rights of women is vital to the development and well-being of people of all nations; and (2) the Senate should, therefore, give its advice and consent to the ratification of the Convention on the Elimination of All Forms of Discrimination Against Women.
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IV 113th CONGRESS 1st Session H. RES. 20 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 Mr. Rigell submitted the following resolution; which was referred to the Committee on the Budget , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned RESOLUTION Providing that the House of Representatives is committed to restoring America’s financial foundation by achieving a Federal spending target of 20 percent of gross domestic product (GDP) and a Federal revenue target of 20 percent of GDP by the end of calendar year 2020.
Whereas the rate of growth in Federal spending over the past decade is 64 percent and the rate of growth in Federal revenues for the same period is 37 percent, a difference of 27 percentage points; Whereas the 30-year level of Federal spending averages 21.1 percent of GDP; Whereas under the current Administration’s plan, Federal spending will exceed 22.8 percent of GDP by 2022; Whereas the 30-year level of Federal revenues averages 17.7 percent of GDP; Whereas the national debt exceeds $16 trillion dollars and, according to the non-partisan Congressional Budget Office, is expected to reach $20 trillion by 2022; Whereas absent any change in policy, entitlement spending will consume all Federal revenues by 2049, according to the Congressional Budget Office; Whereas unfunded liabilities in Medicare are currently $37 trillion dollars, according to the Government Accountability Office; Whereas 10,000 Americans become eligible for Medicare every day; Whereas we have a deep obligation to ensure that Medicare, TRICARE, and Social Security continue; Whereas it is a breach of duty for one generation of Americans to leave the next generation with structural deficits and debt so large that the financial foundation of the Republic is imperiled; and Whereas to meet our obligation to the next generation of Americans, Federal spending (measured as a percentage of GDP) must decrease, and revenues (measured as a percentage of GDP) must, to a lesser degree and principally through growth, increase: Now, therefore, be it
That the House of Representatives is committed to the pursuit of policies that achieve a Federal spending target of 20 percent of GDP and a Federal revenue target of 20 percent of GDP by the end of the calendar year 2020.
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IV 113th CONGRESS 1st Session H. RES. 21 In the House of Representatives, U. S., January 14, 2013 RESOLUTION
That at 10:30 a.m. on Monday, January 21, 2013, the House shall proceed to the West Front of the Capitol for the purpose of attending the inaugural ceremonies of the President and Vice President of the United States; and that upon the conclusion of the ceremonies the House stands adjourned until 10 a.m. on Tuesday, January 22, 2013 for morning-hour debate and noon for legislative business.
Karen L. Haas, Clerk.
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IV 113th CONGRESS 1st Session H. RES. 22 In the House of Representatives, U. S., January 14, 2013 RESOLUTION
That the following named Members be, and are hereby, elected to the following standing committees of the House of Representatives: Committee on Agriculture: Ms. DelBene (to rank immediately after Mr. McGovern), Mr. Nolan, Mr. Gallego, Mr. Enyart, Mr. Vargas, Mrs. Bustos, and Mr. Sean Patrick Maloney of New York. Committee on Appropriations: Mr. Quigley and Mr. Owens. Committee on Armed Services: Mr. Carson of Indiana (to rank immediately after Mr. Barber). Committee on the Budget: Mr. McDermott (to rank immediately after Ms. Castor of Florida), Mr. Jeffries, Mr. Pocan, Ms. Michelle Lujan Grisham of New Mexico, Mr. Huffman, and Mr. Cárdenas. Committee on Financial Services: Mr. Heck of Washington. Committee on Foreign Affairs: Ms. Meng, Ms. Frankel of Florida, Ms. Gabbard, and Mr. Castro of Texas. Committee on Homeland Security: Mr. Vela, Mr. Horsford, and Mr. Swalwell of California. Committee on the Judiciary: Mr. Gutierrez (to rank immediately after Mr. Deutch). Committee on Natural Resources: Ms. Shea-Porter, Mr. Lowenthal, Mr. Garcia, and Mr. Cartwright. Committee on Oversight and Government Reform: Ms. Duckworth. Committee on Science, Space, and Technology: Mr. Maffei, Mr. Grayson, Mr. Kennedy, Mr. Peters of California, Mr. Kilmer, Mr. Bera, Ms. Esty, Mr. Veasey, Ms. Brownley of California, and Mr. Takano. Committee on Small Business: Ms. Hahn (to rank immediately after Ms. Chu), Mr. Payne (to rank immediately after Ms. Hahn), and Mr. Schneider. Committee on Veterans’ Affairs: Ms. Titus, Mrs. Kirkpatrick, Mr. Ruiz, Mrs. Negrete McLeod, Ms. Kuster, and Mr. O'Rourke.
Karen L. Haas, Clerk.
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IV 113th CONGRESS 1st Session H. RES. 23 In the House of Representatives, U. S., January 15, 2013 RESOLUTION Providing for consideration of the bill (H.R. 152) making supplemental appropriations for the fiscal year ending September 30, 2013, and for other purposes.
That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 152) making supplemental appropriations for the fiscal year ending September 30, 2013, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in part B of the report of the Committee on Rules. After disposition of such amendments, the Chair shall put the question on the amendment in the nature of a substitute. 2. If the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution is not adopted, the Committee shall rise and report that it has come to no resolution on the bill. If the amendment in the nature of a substitute is adopted, the amendment in the nature of a substitute shall be considered as the original bill for the purpose of further amendment. No further amendment shall be in order except the amendments printed in part C of the report of the Committee on Rules. At the conclusion of consideration of the amendments printed in part C of the report of the Committee on Rules, the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill, to the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules, or to amendment number 1 printed in part C of the report of the Committee on Rules. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. 3. Each amendment printed in part B and part C of the report of the Committee on Rules accompanying this resolution may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment (except as specified in the report), and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. 4. In the engrossment of H.R. 152, the Clerk shall— (a) add the text of H.R. 219, as passed by the House, as new matter at the end of H.R. 152; (b) conform the title of H.R. 152 to reflect the addition of the text of H.R. 219, as passed by the House, to the engrossment; (c) assign appropriate designations to provisions within the engrossment; (d) conform cross-references and provisions for short titles within the engrossment.
Karen L. Haas, Clerk.
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IV 113th CONGRESS 1st Session H. RES. 24 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mrs. Bachmann (for herself, Ms. Bass , Mr. Fitzpatrick , Ms. Jackson Lee , Mr. Burgess , Mr. Tiberi , Mr. Brady of Texas , Mr. Nunnelee , Mr. Franks of Arizona , Mr. Aderholt , Mr. Marino , Mr. Huizenga of Michigan , and Mr. Palazzo ) submitted the following resolution; which was referred to the Committee on Foreign Affairs RESOLUTION Expressing the deep disappointment of the House of Representatives in the enactment by the Russia Government of a law ending inter-country adoptions of Russian children by United States citizens and urging the Russia Government to reconsider the law and prioritize the processing of inter-country adoptions involving parentless Russian children who were already matched with United States families before the enactment of the law.
Whereas United Nations Children's Fund (UNICEF) estimates that there are 740,000 children in Russia living without parental care; Whereas the Ministry of Science and Education of Russia estimates that 110,000 children live in state institutions in Russia; Whereas the number of adoptions by Russian families is modest, with only 7,400 domestic adoptions in 2011 compared with 3,400 adoptions of Russian children by families abroad; Whereas, on December 28, 2012, Russian Federation President Vladimir Putin signed into law legislation entitled “On Measures Concerning the Implementation of Government Policy on Orphaned Children and those without Parental Care”, which includes language that permanently bans adoptions of Russian children by United States citizens; Whereas a spokesman for President Putin, Dmitry Peskov, announced that the law is to take effect on January 1, 2013, thereby abrogating the bilateral agreement between Russia and the United States that entered into force on November 1, 2012, and requires both countries to provide one year notice of intent to terminate the agreement; Whereas 46, and possibly more, inter-country adoptions of Russian children by United States families have already received a final adoption decree from the Russia judicial system, and hundreds of other United States families are in the process of adopting Russian children; Whereas United Nations Children's Fund released a statement urging the Russia Government to ensure that “the current plight of the many Russian children in institutions receives priority attention” and that the Russia Government consider alternatives to institutionalization including “domestic adoption and inter-country adoption”; Whereas the United Nations, the Hague Conference on Private International Law, and other international organizations have recognized a child’s right to a family as a basic human right worthy of protection; Whereas the Christian Alliance for Orphans reports that United States families have opened their homes to more than 179,000 orphans from overseas in the last 20 years; Whereas after China and Ethiopia, Russia is the third most popular country for United States citizens who adopt internationally; Whereas adoption, both domestic and international, is an important child protection tool and an integral part of child welfare best practices around the world, along with prevention of abandonment and family reunification; and Whereas more than 60,000 Russia-born children have found safe, permanent, and loving homes with United States families over the last two decades: Now, therefore, be it
That the House of Representatives— (1) affirms that all children deserve a permanent, protective family; (2) values the long tradition of the United States and Russia Governments working together to find permanent homes for unparented children; (3) disapproves of the Russia law ending inter-country adoptions of Russian children by United States citizens because it primarily harms vulnerable and voiceless children; and (4) strongly urges the Russia Government to reconsider the law on humanitarian grounds, in consideration of the well-being of parentless Russian children awaiting a loving and permanent family, and prioritize the processing of inter-country adoptions of Russian children by United States citizens that were initiated before the enactment of the law.
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IV 113th CONGRESS 1st Session H. RES. 25 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Mr. Gingrey of Georgia submitted the following resolution; which was referred to the Committee on Energy and Commerce RESOLUTION Recognizing Linemen, the profession of Linemen, and the contributions of these brave men and women to protect public safety, and expressing support for designation of April 18, 2013, as National Lineman Appreciation Day.
Whereas the profession of Linemen is steeped in personal, family, and professional tradition; Whereas Linemen are often first responders during storms and other catastrophic events where these brave men and women work to make the scene safe for the other public safety heroes; Whereas Linemen work with thousands of volts of electricity high atop power lines 24 hours a day, 365 days a year, to keep electricity flowing; Whereas Linemen must often work under dangerous conditions far from their families to construct and maintain the Nation’s energy infrastructure; Whereas Linemen put their lives on the line every day with little recognition or appreciation from the community regarding the danger of their work; and Whereas April 18, 2013, would be an appropriate date to designate as National Lineman Appreciation Day: Now, therefore, be it
That the House of Representatives— (1) recognizes the efforts of Linemen in keeping the power on and protecting public safety; and (2) supports the designation of National Lineman Appreciation Day.
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IV 113th CONGRESS 1st Session H. RES. 26 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Ms. Kaptur submitted the following resolution; which was referred to the Committee on Financial Services RESOLUTION Expressing the sense of the House of Representatives that the States should enact a temporary moratorium on residential mortgage foreclosures.
Whereas there are nearly 6,900,000 fewer jobs in the United States economy since the start of the recession; Whereas, in April 2011, the unemployment rate remains at 9.0 percent, nearly double the unemployment rate of the pre-recession economy; Whereas the Director of the Congressional Budget Office testified as follows in a Senate hearing on January 28, 2009: Challenging conditions seem likely to persist for some time in the housing and mortgage markets as well. Housing sales remain weak, and construction activity continues to decline. With the housing market's large glut of vacant properties, the prices of homes are likely to fall considerably further, pushing the value of more borrowers' homes below the value of their outstanding mortgages. As more of those underwater borrowers experience losses of income during the current recession, rates of delinquency and foreclosure on residential mortgage loans are likely to rise further. ; Whereas the current economic situation began to unfold some time ago and, in fact, the Federal Reserve System first began to supply additional liquidity to credit markets in August 2007, as pressures from losses on mortgage-related assets unexpectedly began to mount; Whereas many economists today believe that to avoid relapsing into another devastating financial crisis, a key component is the Nation’s housing markets and providing necessary changes for our Nation’s financial markets; Whereas the intent of the Troubled Assets Relief Program of the Department of the Treasury, established by the Emergency Economic Stabilization Act of 2008 ( Public Law 110–343 ), was to, in large portion, purchase troubled assets, including securitized mortgages, and to enable banks and other lenders engaged in the mortgage market to engage in mortgage modifications, loan workouts, and other processes designed to stem off the ever-rising tide of foreclosures, and that has not happened to the level necessary to stem the tide of foreclosures and it continues; Whereas there were nearly 219,000 new foreclosures in April 2011, which is 7,300 homes per day; Whereas it is projected by housing market experts that there are approximately 11,000,000 homes in the Nation which are underwater or in foreclosure; Whereas the United States finds its housing market in a precarious and unstable state, where homeowners’ mortgage balances are routinely larger than the current value of their homes and where people are losing their homes at an alarming rate; Whereas during the Great Depression, the State of Minnesota declared an economic emergency, and enacted a law granting relief in certain cases, for inequitable foreclosure of mortgages on real estate and execution sales and for postponing certain others (Chapter 339, Laws of Minnesota, 1933, page 514); Whereas the Minnesota statute included provisions that postponed foreclosure sales or extended mortgage redemption, as well as taking actions relating to the jurisdiction of such activities, and the Minnesota statute established a hard and fast deadline of when such relief would end, making the Act temporary in nature; Whereas this law was challenged in the case Home Building & Loan Association v. Blaisdell, which was argued before the United States Supreme Court in 1933, with the Court ruling in 1934 in favor of the Minnesota law; Whereas there are clear challenges to implementing a nationwide moratorium on mortgage foreclosures, yet this case tells us that the States can take action using the police power of the State; and Whereas, in this time of instability and uncertainty, with unemployment at 9.0 percent for April 2011, a global financial system still reeling from the effects of the recession, a volatile housing market, and our Nation’s citizens struggling to balance essential needs of housing, work, and nutrition, it is time that the Nation, through the action of the President of the United States, declare a national foreclosure emergency and State-by-State seek to end the foreclosure crisis: Now, therefore, be it
That it is the sense of the House of Representatives that— (1) the President of the United States should declare a national residential mortgage foreclosure emergency and, through such declaration, encourage the States, by use of their police power, to enact a moratorium on residential mortgage foreclosures similar to the moratorium enacted by the State of Minnesota in 1933 and upheld by the Supreme Court of the United States in Home Building & Loan Association v. Blaisdell (290 U.S. 398 (1934)); and (2) the States should exercise such power and enact such a moratorium.
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IV 113th CONGRESS 1st Session H. RES. 27 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Ms. Kaptur submitted the following resolution; which was referred to the Committee on Foreign Affairs RESOLUTION Supporting the establishment and full funding of a staff exchange program between the House of Representatives and the Parliament of Ukraine, the Verkhovna Rada, as soon as possible.
Whereas supporters of democracy worldwide recognize the valor of the people of Ukraine in seeking to advance democratic governance in their country; Whereas the role of the Parliament of Ukraine, the Verkhovna Rada, is essential to ensuring democratic governance and a balance of power among the branches of the Government of Ukraine; Whereas the people of the United States affirm the positive role being played by the Parliament of Ukraine in averting a constitutional crisis in that transitional republic; Whereas, on November 30, 1999, the Speaker of the House of Representatives signed an agreement with the leaders of the Parliament of Ukraine to establish an interparliamentary exchange program between the two legislative bodies; Whereas Members of the House of Representatives and the Parliament of Ukraine have already participated in video teleconferences as part of this agreement; and Whereas the House of Representatives has commended these historic efforts and expressed its desire and willingness to build on the success of this agreement: Now, therefore, be it
That the House of Representatives supports the establishment and full funding of a staff exchange program between the House of Representatives and the Parliament of Ukraine, the Verkhovna Rada, as soon as possible.
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IV 113th CONGRESS 1st Session H. RES. 28 IN THE HOUSE OF REPRESENTATIVES January 14, 2013 Ms. Kaptur submitted the following resolution; which was referred to the Committee on Foreign Affairs RESOLUTION Condemning the persecution of political opposition leader Yulia Tymoshenko as well as other political prisoners, among them former internal affairs minister Yuri Lutsenko.
Whereas these trials have been seen by the international community as political persecution against the opposition of the government of Ukrainian President Viktor Yanukovych; Whereas starting on May 2010 a number of criminal cases were opened against Yulia Tymoshenko and against ministers and officials from the previous government led by her under the assertion that these cases were brought forth to fight corruption in Ukraine; Whereas Ms. Tymoshenko was charged in May 2011 over abuse of office in regards to a 2009 natural gas import contract with Russia and her trial began on June 24, 2011; Whereas, on August 5, 2011, the court ruled that Ms. Tymoshenko was in contempt of court and imprisoned her for the remainder of her trial, a period of over two months; Whereas the fairness of the trial has been in question due to Ms. Tymoshenko being denied legal representation on two occasions and not being offered an appropriate amount of time for her defense team to prepare for trial; Whereas, during her imprisonment, Ms. Tymoshenko began to show signs of severe illness and the court refused her request to be examined by a personal physician; Whereas, on October 11, 2011, the court found Ms. Tymoshenko guilty of abuse of power, sentenced her to seven years in jail, fined her $189 million and banned her from holding elected office for a period of 3 years disqualifying her from participating in the 2012 parliamentary and 2015 presidential elections; Whereas, in September 2011, in commemoration of Ukraine's 20th anniversary of independence, H. Res. 401 notes concern about the appearance of politically motivated prosecutions of opposition figures in Ukraine, among them Ms. Tymoshenko; and Whereas world governments have lambasted the decision against Ms. Tymoshenko calling it politically motivated and questioned Ukraine’s commitment to democracy and rule of law: Now, therefore, be it
That the House of Representatives— (1) condemns the verdict against Yulia Tymoshenko as well as the unfair circumstances in which the trial took place and requests that she be released from custody while the verdict is appealed; (2) demands the Government of Ukraine immediately release all political prisoners as well as provides proper medical care to all those that have been imprisoned; and (3) demands that Ukraine adhere to the principles of democracy and rule of law by respecting human rights, freedom of the press, and the protection of free speech and the right to assemble peacefully.
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IV 113th CONGRESS 1st Session H. RES. 29 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Ms. Schakowsky submitted the following resolution; which was referred to the Committee on Transportation and Infrastructure RESOLUTION Urging the Federal Aviation Administration to continue its cooperation with airports across the United States seeking to implement noise mitigation plans, and for other purposes.
Whereas the Federal Aviation Administration (FAA) has a long history of collaborating with Federal, State, and local officials in efforts to implement noise mitigation plans; Whereas significant noise pollution can have adverse impacts on education, commerce, quality of life, sleep patterns, and home values; Whereas the Next Generation Air Transportation System (NextGen) is successfully reducing noise pollution at airports across the United States; Whereas with the help of the FAA, airports across the United States have established programs to successfully reduce noise pollution, including programs providing for the soundproofing of homes and schools; Whereas the use of preferential flight tracks, the use of certain arrival and departure procedures, and the use of quieter planes may also mitigate noise pollution; Whereas airport noise reduction programs must be designed to meet the specific needs and concerns of airports and their surrounding communities; and Whereas subchapter II of chapter 475 of title 49, United States Code, popularly known as the Airport Noise and Capacity Act of 1990, provides a process by which airports may mandate restrictions on airport noise and access with FAA approval: Now, therefore, be it
That the House of Representatives— (1) urges the Federal Aviation Administration to continue its cooperation with airports across the United States that are seeking to implement noise mitigation plans; and (2) encourages the Federal Aviation Administration to continue its implementation of the Next Generation Air Transportation System (NextGen) and other efforts to enhance the safety of air travel and help decrease noise levels.
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IV 113th CONGRESS 1st Session H. RES. 30 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Graves of Missouri (for himself and Mr. Connolly ) submitted the following resolution; which was referred to the Committee on Oversight and Government Reform RESOLUTION Expressing the sense of the House of Representatives that the United States Postal Service should take all appropriate measures to ensure the continuation of its 6-day mail delivery service.
Whereas the United States Postal Service has announced that it may need to reduce the frequency of its mail delivery service from 6 days a week to 5 days a week; Whereas 6-day mail delivery service is an essential service that the American people have relied on since 1912, particularly working families that depend on the Postal Service for the timely delivery of their paychecks; Whereas Social Security is the primary or sole source of income for many senior citizens, and any delay in the delivery of their Social Security checks would make it difficult for them to purchase even essential items, such as food and medicine; and Whereas reducing mail delivery service to 5 days a week would inevitably cause not only delays in the delivery of mail, but higher postal costs, due to the many hours of additional overtime that the Postal Service would require in order to handle the resulting back-up of mail: Now, therefore, be it
That it is the sense of the House of Representatives that the United States Postal Service should take all appropriate measures to ensure the continuation of its 6-day mail delivery service.
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IV 113th CONGRESS 1st Session H. RES. 31 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Ms. Lee of California (for herself, Ms. Bordallo , Ms. Brown of Florida , Mr. Capuano , Ms. Clarke , Mr. Ellison , Ms. Wilson of Florida , Mr. Deutch , Mr. Van Hollen , Mr. Meeks , Ms. Jackson Lee , Ms. Meng , Mr. McGovern , Mr. Payne , and Ms. Norton ) submitted the following resolution; which was referred to the Committee on Foreign Affairs RESOLUTION Recognizing the anniversary of the tragic earthquake in Haiti on January 12, 2010, honoring those who lost their lives, and expressing continued solidarity with the Haitian people.
Whereas on January 12, 2010, a 7.0 magnitude earthquake struck the country of Haiti; Whereas according to the United States Geological Survey (USGS), the earthquake epicenter was located approximately 15 miles southwest of the capital, Port-au-Prince; Whereas according to USGS, the earthquake was followed by 59 aftershocks of magnitude 4.5 or greater, the most severe measuring 6.0; Whereas according to the Government of Haiti, more than 316,000 people died as a result of the earthquake; Whereas according to the United Nations and the International Organization for Migration, an estimated 3,000,000 people have been directly affected by the disaster, nearly one-third of the country’s population, and 1,300,000 people were displaced to settlements; Whereas casualty numbers and infrastructure damage, including to roads, ports, hospitals, and residential dwellings, place the earthquake as the worst cataclysm to hit Haiti in over two centuries and, proportionally, one of the world’s worst natural disasters in modern times; Whereas the Post Disaster Needs Assessment (PDNA) conducted by the Government of Haiti, the United Nations, the World Bank, the Inter-American Development Bank, and other experts estimates that damage and economic losses totaled $7,800,000,000, approximately 120 percent of Haiti’s gross domestic product in 2009; Whereas the PDNA estimates that $11,500,000,000 over three years is required for Haiti’s reconstruction and to lay the groundwork for long-term development; Whereas prior to the earthquake, more than 70 percent of Haitians lived on less than $2 per day and Haiti ranked 158 out of 187 countries on the United Nations Human Development Index; Whereas prior to the earthquake, Haiti was still in the process of recovering from a catastrophic series of hurricanes and tropical storms, food shortages and rising commodity prices, and political instability, but was showing encouraging signs of improvement; Whereas President Barack Obama vowed the “unwavering support” of the United States and pledged a “swift, coordinated and aggressive effort to save lives and support the recovery in Haiti”; Whereas Congress passed House Resolution 1021 on January 21, 2010, on a vote of 411 to 1, expressing its “deepest condolences and sympathy for the horrific loss of life” and bipartisan “support for the recovery and long-term reconstruction needs of Haiti”; Whereas the response to the tragedy from the global community, and especially from the countries of the Western Hemisphere, has been overwhelmingly positive; Whereas the initial emergency response of the men and women of the United States Government, led by the United States Agency for International Development and United States Southern Command, was swift and resolute; Whereas individuals, businesses, and philanthropic organizations across the United States and throughout the international community responded in support of Haiti and its populace during this crisis, sometimes in innovative ways such as fundraising through text messaging, which some estimates reveal has raised more than $40,000,000; Whereas significant challenges still remain in Haiti as it works to recover and rebuild; Whereas according to the International Organization for Migration, approximately 360,000 people remain in spontaneous and organized camps in Haiti and hundreds of thousands of Haiti’s poor continue to live in precarious housing conditions that make them vulnerable to potential future natural disasters; Whereas in 2012 alone, Haiti faced a long drought period and 2 major tropical storms that destroyed 70 percent of agricultural crops in Haiti, impacting the lives of nearly 2,000,000 people facing food insecurity; Whereas a devastated agricultural sector has a ripple effect throughout the Haitian economy and affects the most vulnerable, particularly children and poor women and men; Whereas Haiti’s food insecurity results largely from entrenched neglect of its agricultural sector, particularly smallholder farmers who grow most of the Haitian food, and account for a large percentage of the food insecure populations; Whereas according to numerous nongovernmental organizations and United States contractors, the pace of reconstruction has lagged significantly behind the original emergency relief phase; Whereas according to an independent United Nations panel investigation, on October 19, 2010, an outbreak of cholera was detected in the Lower Artibonite region, originating from a tributary near the Minustah camp at Mirebelais, where the panel found that sanitation conditions “were not sufficient to prevent fecal contamination of the Meye Tributary System of the Artibonite River”; Whereas initial efforts to contain the epidemic were disrupted by Hurricane Tomás and resulting widespread flooding, which led to the spreading and entrenchment of the disease throughout the country; Whereas according to the Haitian Ministry of Public Health and Population, as of December 12, 2012, more than 7,820 people have died from cholera and more than 629,000 have been infected; Whereas according to the Pan American Health Organization and the World Health Organization, cholera could spread to 118,000 people within the next year, potentially causing over 1,400 deaths at the current case fatality rate; Whereas the Governments of Haiti and the Dominican Republic, jointly with the Pan American Health Organization, the United Nations Children's Fund, and the United States Centers for Disease Control and Prevention, have developed a 10-year plan to eliminate cholera from Hispaniola through treatment, hygiene education, and the building of sustainable water and sanitation infrastructure; Whereas the United Nations Secretary-General announced that only approximately 10 percent of the funds needed to execute this plan have been secured; Whereas throughout these crises, the people of Haiti continue to demonstrate unwavering resilience, dignity, and courage; Whereas at the international donors conference “Towards a New Future for Haiti” held on March 31, 2010, 59 donors pledged approximately $5,600,000,000, including nearly $1,150,000,000 from the United States, to support the Government of Haiti’s Action Plan for National Recovery and Development; Whereas the United Nations Office of the Special Envoy for Haiti estimates that of the recovery and development funds pledged for 2010 through 2012, approximately 53 percent has been disbursed; and Whereas Haiti requires the sustained assistance from the United States and the international community in order to confront the ongoing cholera epidemic and promote reconstruction and development: Now, therefore, be it
That the House of Representatives— (1) honors those who lost their lives due to the tragic earthquake of January 12, 2010; (2) honors the sacrifice of the men and women of the Government of Haiti, the United States Government, the United Nations, and the international community in their response to those affected by the calamity; (3) expresses continued solidarity with the people of Haiti as they work to rebuild their neighborhoods, livelihoods, and country; (4) reaffirms its commitment to support Haiti, in partnership with the Government of Haiti and in coordination with other donors, in long-term reconstruction; (5) supports the efforts of the Administration to increase food security in Haiti through sustainable agriculture programs, shore up housing initiatives for Haiti’s poor and vulnerable, prevent the spread of cholera, treat persons who contract the disease, provide technical assistance to the Haitian Ministry of Public Health, and improve longer-term water, sanitation, and health systems; (6) urges the President and the international community to— (A) continue to focus assistance on building the capacity of Haiti’s public sector to sustainably provide basic services to its people; (B) develop, improve, and scale-up communications and participatory mechanisms to more substantially involve Haitian civil society at all stages of the post-earthquake responses; and (C) give priority to programs that protect and involve vulnerable populations, including internally displaced persons, children, women and girls, and persons with disabilities; (7) urges the President to— (A) continue to make available to United States agencies, nongovernmental organizations, private volunteer organizations, regional institutions, and United Nations agencies the resources necessary to confront the consequences of the natural disaster; (B) support the efforts of the United Nations Secretary-General to secure the necessary resources required to fully execute plans to eliminate cholera from the island of Hispaniola through enhanced treatment and prevention efforts, and through the development of clean water and sanitation infrastructure that is accessible to all Haitians; (C) continue to lead humanitarian and development efforts with the Government of Haiti, the Haitian Diaspora, and international actors who share in the goal of a better future for Haiti; (D) maximize responsible local and regional procurement; (E) establish improved and transparent mechanisms for monitoring the implementation of United States Government-funded aid programs; and (F) work with Haitian authorities and private landowners to prevent the forced eviction of internally displaced person communities and provide decent housing for the poorest and most vulnerable Haitians; and (8) desires a clear understanding for what would constitute success in the priority areas identified by the United States Department of State.
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IV 113th CONGRESS 1st Session H. RES. 32 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Mulvaney submitted the following resolution; which was referred to the Committee on Armed Services RESOLUTION Expressing support for the designation of the Friday after Thanksgiving as the National Day of Recognition for Veterans’ Families.
Whereas more than 2,250,000 people currently serve as members of the United States Armed Forces; Whereas veterans and current members of the Armed Forces have been separated from loved ones because of military orders, deployment in support of overseas operations, and other military missions carried out by the Armed Forces; Whereas these loved ones are recognized as Homefront Veterans who provide vital support and help to make service in the Armed Forces possible; Whereas Homefront Veterans keep households running, maintain the home, care for children, pay the bills, and make ends meet while members serve in the Armed Forces; Whereas the families of veterans and members of the Armed Forces make important and significant sacrifices for the United States and contribute to the benefits of freedom all Americans enjoy; Whereas the establishment of a national day of recognition is an appropriate way to honor the sacrifices made by spouses, parents, children and all other family of members of the Armed Forces; and Whereas the day after Thanksgiving would be an appropriate date to establish as the National Day of Recognition for Veterans’ Families : Now, therefore, be it
That the House of Representatives— (1) supports the designation of the National Day of Recognition for Veterans’ Families; (2) honors and recognizes the contributions made by families of members of the Armed Forces; and (3) encourages the people of the United States to observe the National Day of Recognition for Veterans’ Families to promote awareness of the contributions of families of members of the Armed Forces and veterans.
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IV 113th CONGRESS 1st Session H. RES. 33 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Rohrabacher (for himself and Mr. Nadler ) submitted the following resolution; which was referred to the Committee on Foreign Affairs RESOLUTION Commending the Albanian people on the 100th anniversary of the declaration of their independence from the Turkish Ottoman Empire on November 28, 1912, and commending Albanians in Albania and Kosova for protecting and saving the lives of all Jews who either lived in Albania or sought asylum there during the Holocaust.
Whereas in 1934, United States Ambassador to Albania, Herman Bernstein, wrote that, There is no trace of any discrimination against Jews in Albania, because Albania happens to be one of the rare lands in Europe today where religious prejudice and hate do not exist, even though Albanians themselves are divided into three faiths ; Whereas in 1938, approximately 300 Albanian Jews lived in the Republic of Albania, and more than 1,900 escaped to Albania from Nazi-occupied Western Europe and the former Yugoslavia during World War II; Whereas Albanians in Albania and Kosova, based on their unique history of religious tolerance, considered it a matter of national pride and tradition to help Jews during the Holocaust, and due to the actions of many individual Albanians, the entire native and refugee Jewish community in Albania during World War II survived the Holocaust; Whereas Albanians sheltered and protected Jews in Albania and in Kosova, even at the risk of Albanian lives, beginning with the invasion and occupation of Albania by Mussolini’s Italian fascists in 1939; Whereas after Nazi Germany occupied Albania in 1943 and the Gestapo ordered Jewish refugees in the Albanian capital of Tirana to register, Albanian leaders refused to provide a list of Jews living in Albania, and Albanian clerks issued false identity papers to protect all Jews in the country; Whereas in June 1990, Jewish American Congressman Tom Lantos and former Albanian American Congressman Joe DioGuardi were the first United States officials to enter Albania in 50 years and received from then Communist Party leader and Albanian President Ramiz Alia a thick file from the government’s archives containing hundreds of news clippings and personal letters sent by Jews to their Albanian rescuers after World War II, but that the Communist government prevented from being delivered for 45 years; Whereas Joe DioGuardi, upon returning to the United States in June 1990, sent the file to Elli Streit in Tel Aviv, Israel, for delivery to appropriate officials at Yad Vashem in Jerusalem for authentication; Whereas Josef Jakoel and his eldest daughter, Felicita, Albanian Jews, led the emigration of nearly all Albanian Jews to Israel in 1991 as the Communist regime was collapsing; Whereas Yad Vashem (the Holocaust Martyrs’ and Heroes’ Remembrance Museum) has thus far designated 69 Albanians as Righteous Persons and Albania as one of the Righteous among the Nations ; Whereas in February 1995, Congressmen Tom Lantos, Benjamin Gilman, and Jerrold Nadler and former Congressman Joe DioGuardi spoke at a ceremony at the United States Holocaust Memorial Museum in Washington, DC, commemorating the addition of Albania to the museum’s Righteous among the Nations installation; Whereas based on the information authenticated by Yad Vashem, Jewish American author and philanthropist Harvey Sarner published Rescue in Albania in 1997, to call international attention to the unique role of the Albanian people in saving Jews from the Nazi Holocaust; Whereas in October 1997, the Albanian American Civic League and Foundation began the distribution of 10,000 copies of Rescue in Albania with forewords by Congressmen Lantos and Gilman to bring to the attention of the Jewish people and their leaders the plight of Albanians in Kosova living under a brutal occupation at the hands of Serbian dictator Slobodan Milosevic, in order to forestall another genocide in Kosova; Whereas in a statement at the 2005 Albanian American Civic League and Foundation’s Salute to Albanian Tolerance, Resistance, and Hope: Remembering Besa and the Holocaust , on the occasion of the 60th anniversary of the liberation of the Nazi death camps, Dr. Mordechai Paldiel, then Director for the Righteous at Yad Vashem, commemorated the heroism of Albanians as the only ones among rescuers in other countries who not only went out of their way to save Jews, but vied and competed with each other for the privilege of being a rescuer, thanks to besa , the code of honor that requires an Albanian to save the life of anyone seeking refuge, even if it means sacrificing one’s own life; Whereas in 2006, Shirley Cloyes DioGuardi, Balkan Affairs Adviser to the Civic League and Executive Director of the Albanian American Foundation, published Jewish Survival in Albania & the Ethics of Besa in the journal of the American Jewish Congress to document the saving role of Albanians and how that role was revealed, in spite of the Communist effort to suppress it; Whereas, on December 2, 2008, Arslan Rezniqi was the first Kosovar Albanian recognized by Yad Vashem’s Righteous among Nations Department , for leading 400 Jewish families from Decan, Kosova, into safety in Albania, and his son, Mustafa Rezniqi, who aided him as a teenager during World War II, accepted the award from Yad Vashem for him, posthumously; Whereas Arif Alickaj, the Secretary of the Municipality of Decan, risked his job and his life helping the Rezniqis rescue Jews in Nazi-occupied Kosova by issuing false identity papers to insure their safe passage to Albania and for whom (like so many other Albanians from Kosova and Albania), Jewish survivors could not be found to validate his role, even posthumously, because of the Communist cover-up for 45 years of the archives documenting the many stories of Albanian heroism; Whereas Shirley Cloyes DioGuardi addressed the 2010 International Oral History Association Conference in Prague, Czech Republic, and brought Leka Rezniqi, the grandson of Mustafa Rezniqi (who died in May 2008), to join her in revealing the underground railroad between Albanians in Kosova and Albania that was essential to the rescue of Jews; and Whereas Albania is the only country in Europe that had more Jews in it after World War II than before it: Now, therefore, be it
That the House of Representatives— (1) commends the people of Albania and Kosova for protecting and saving the lives of all Jews who either lived in Albania or sought asylum there during the Holocaust; (2) commends Yad Vashem in Israel for recognizing Albanians who took action at great risk to themselves to protect Jews during the Holocaust, for their humanity, courage, and heroism; (3) reaffirms on the 100th anniversary of Albania’s declaration of independence in 1912, its support for close ties between the United States and Albania and between the United States and Kosova, which declared its independence in 2008; and (4) commends the officers, board of directors, and members of the Albanian American Civic League and Albanian American Foundation for their unstinting work, since 1989, to bring the plight of the Albanian people and the unique historic connection between Albanians and Jews to international attention.
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IV 113th CONGRESS 1st Session H. RES. 34 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Smith of New Jersey (for himself and Mr. Fitzpatrick ) submitted the following resolution; which was referred to the Committee on Foreign Affairs RESOLUTION Calling on the United States and Russia to continue cooperation in securing safe and loving homes for unparented children.
Whereas in both the United States and Russia, the number of children in need of loving parents far outnumbers the families actively seeking to adopt; Whereas since 1991 more than 60,000 Russian children have found safe, permanent, and loving homes with United States families; Whereas in 19 cases, adopted Russian children have died from abuse or neglect in the care of their adoptive United States parents, and others have suffered abuse; Whereas Russian President Vladimir Putin said on December 20, 2012, regarding United States citizens who have adopted Russian children, “We know that tragedies happen but the vast majority of people who adopt Russian children take good care of them and are good, decent people”; Whereas countries making children available for international adoption have the right and responsibility to set procedural safeguards and criteria to ensure the children’s well-being; Whereas in response to cases of abuse and neglect, the Government of Russia negotiated the July 13, 2011, bilateral adoption agreement to strengthen procedural safeguards in the adoption process between the United States and Russia and to ensure the well-being of children adopted by United States families; Whereas the bilateral adoption agreement signed on July 13, 2011, by United States Secretary of State Hillary Rodham Clinton and Russian Foreign Minister Sergey Lavrov entered into force between the United States and Russia on November 1, 2012; Whereas the Russian Government has expressed concern that the Russian Government’s efforts to check on the welfare of adopted Russian children and to monitor legal proceedings involving abuse against Russian children have not been accommodated consistently; Whereas, on December 28, 2012, Russian Federation President Vladimir Putin signed into law legislation entitled “On Measures Concerning the Implementation of Government Policy on Orphaned Children and those without Parental Care”, which includes a ban on adoptions of Russian children by United States citizens, and may negatively affect adoptions that are already in process or completed; Whereas 52, and possibly more, intercountry adoptions of Russian children by United States families are in the final legal stages of adoption in Russia, and hundreds of additional United States families had adoptions pending in Russia as of January 1, 2013; Whereas adoption, both domestic and international, is an important child protection tool and an integral part of child welfare best practices around the world, along with prevention of abandonment and family reunification; and Whereas the United Nations, the Hague Conference on Private International Law, and other international organizations have recognized a child's right to a family as a basic human right worthy of protection: Now, therefore, be it
That the House of Representatives— (1) appeals to the Russian Government to allow the adoptions initiated before January 1, 2013, to proceed to conclusion; (2) invites the Government of Russia to continue participation in the bilateral adoption agreement that went into force November 1, 2012; (3) expresses deep sadness over the untimely and tragic deaths in the United States of 19 adopted Russian children and over the other cases of abuse; (4) celebrates the tens of thousands of loving, safe United States families who have opened their homes and hearts to Russian children; (5) affirms the extensive work of the Russian Foreign Ministry and the United States Department of State to create safeguards against future abuse through the bilateral adoption agreement that went into force November 1, 2012; and (6) urges Federal, State, and local governments and adoptive families to accommodate official inquiries into the well-being of adopted Russian children and to comply with all adoption requirements delineated by the bilateral agreement, including the monitoring of the child’s living conditions and upbringing, the submission of corresponding reports, and registration of the child with the Russian consulate.
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IV 113th CONGRESS 1st Session H. RES. 35 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mr. Gosar (for himself, Mr. Amodei , Mr. Benishek , Mr. Bishop of Utah , Mrs. Black , Mr. Brady of Texas , Mr. Brooks of Alabama , Mr. Broun of Georgia , Mr. Burgess , Mr. Bucshon , Mr. Carter , Mr. Collins of New York , Mr. DesJarlais , Mr. Duncan of South Carolina , Mr. Farenthold , Mr. Fincher , Mr. Flores , Mr. Franks of Arizona , Mr. Gingrey of Georgia , Mr. Gohmert , Mr. Graves of Georgia , Mr. Harris , Mr. Huelskamp , Mr. Huizenga of Michigan , Mr. Johnson of Ohio , Mr. Jones , Mr. Kelly , Mr. Long , Mrs. Lummis , Mr. McClintock , Mr. Mulvaney , Mr. Nugent , Mr. Nunnelee , Mr. Olson , Mr. Palazzo , Mr. Pearce , Mr. Pompeo , Mr. Price of Georgia , Mr. Roe of Tennessee , Mr. Rothfus , Mr. Salmon , Mr. Schweikert , Mr. Austin Scott of Georgia , Mr. Sessions , Mr. Southerland , Mr. Stockman , Mr. Weber of Texas , Mr. Westmoreland , and Mr. Yoho ) submitted the following resolution; which was referred to the Committee on the Judiciary RESOLUTION Expressing no confidence in the Attorney General of the United States and calling for his immediate resignation.
Whereas the United States Attorney General is a key position in the Executive Branch; Whereas the laws of the United States are enforced and upheld by the United States Attorney General; Whereas the Judiciary Act of 1789 created the Office of the Attorney General and the Attorney General represents the United States in legal matters and gives advice and opinions to the President and to the heads of the executive departments of the United States Government; Whereas the people of the United States need to have full confidence in the Attorney General of the United States; Whereas the people of the United States need assurance that the top law enforcement official in the United States will uphold the Constitution, and that he is competent, trustworthy, and beyond reproach; Whereas the people of the United States further expect that when mistakes are made, the Nation’s top law enforcement office will not seek to cover up such mistakes, but will cooperate with Congress and the American public in disclosing the events and circumstances and transparently addressing the issues; Whereas the current United States Attorney General, Eric Holder, presided over the Department of Justice as it conducted a law enforcement scheme called Operation Fast and Furious that was ill conceived at the outset and mismanaged for its duration; Whereas according to information obtained through the House Oversight and Government Reform Committee, Operation Fast and Furious allowed thousands of weapons of various types to be illegally sold and or transferred from the United States to violent drug cartels and known criminals in Mexico and elsewhere; Whereas weapons from Operation Fast and Furious have been used to violate United States laws, Mexican laws, and international laws, including homicide, kidnapping, and trafficking laws; Whereas under Attorney General Holder’s watch, this operation demonstrated no proper monitoring of the guns being sold or transferred, and failed to interdict the weapons; Whereas Attorney General Holder further failed to inform or cooperate with Mexican authorities even though weapons were being sent to Mexico; Whereas currently, Mexico is under severe stress due to drug cartel wars; Whereas in January 2012, the Government of Mexico confirmed that 47,515 people were killed in drug-related incidents between 2006 and 2011; Whereas credible sources estimate that at least 300 Mexican deaths involved weapons that came from Operation Fast and Furious; Whereas the carnage resulting from Operation Fast and Furious is not limited to Mexico; Whereas the people of the United States will likely also incur further violence as a result of this operation; Whereas due to Attorney General Holder’s failure to provide oversight or control over Operation Fast and Furious, drug cartels have used Fast and Furious weapons to wage attacks against United States law enforcement as well as Mexican police and military outfits; Whereas evidence further suggests that such guns have been used in the United States, and were found at the crime scene surrounding the death of Border Patrol Agent Brian Terry, who was killed on December 14, 2010; Whereas in response to Congressional inquiries, the Administration, through Attorney General Holder’s office, initially provided false information in a letter to Congress dated February 4, 2011, that was subsequently withdrawn; Whereas in response to Congressional inquiries, the Administration, through Attorney General Holder’s office, has redacted key information and has been intransigent, obstructionist, and obdurate; Whereas in response to Bureau of Alcohol, Tobacco, Firearms, and Explosives whistleblowers who came to Congress for redress, the Administration, through Attorney General Holder’s office, retaliated against such whistleblowers; Whereas the Administration, at the request of Attorney General Holder, claimed executive privilege to block the disclosure of duly subpoenaed documents relating to a Congressional investigation; and Whereas Attorney General Holder was found in contempt of Congress on June 28, 2012: Now, therefore, be it
That it is the sense of the House of Representatives that Congress has lost confidence in the Attorney General of the United States and thereby calls for his immediate resignation.
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IV 113th CONGRESS 1st Session H. RES. 36 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mr. Wolf (for himself, Mr. Barletta , Mr. Aderholt , Mr. Franks of Arizona , Mr. Weber of Texas , Mr. Posey , Mr. Wittman , Mr. Griffin of Arkansas , Mr. Schock , Mr. Meehan , Mr. King of Iowa , Mr. Duncan of South Carolina , Mr. Olson , Mr. Johnson of Ohio , Mr. Wilson of South Carolina , Mr. Brooks of Alabama , Mr. Gerlach , Mr. Brady of Texas , Mr. McKinley , Mr. Jordan , and Mr. Flores ) submitted the following resolution; which was referred to the Committee on Rules RESOLUTION Establishing a select committee to investigate and report on the attack on the United States consulate in Benghazi, Libya.
That 1. Establishment There is hereby established a select Committee to investigate and report on the attack on the American consulate in Benghazi, Libya (hereinafter referred to as the select committee ). 2. Composition (a) The select committee shall be composed of 19 members as follows: (1) The chair and ranking member of the Committee on Armed Services (or a designee from among the members of that committee). (2) The chair and ranking member of the Committee on Foreign Affairs (or a designee from among the members of that committee). (3) The chair and ranking member of the Committee on Homeland Security (or a designee from among the members of that committee). (4) The chair and ranking member of the Committee on Intelligence (or a designee from among the members of that committee). (5) The chair and ranking member of the Committee on the Judiciary (or a designee from among the members of that committee). (6) The chair and ranking member of the Committee on Oversight and Government Reform (or a designee from among the members of that committee). (7) Five members appointed by the Speaker. (8) Two members appointed by the Speaker after consultation with the minority leader. If the chair or ranking member of any such committee declines to serve on the select committee, then the Speaker in the case of a chair, or the Speaker after consultation with the minority leader in the case of a ranking member, shall designate the member or members from that committee to serve on the select committee. (b) The Speaker shall designate one member as chairman and the minority leader shall designate one member as the ranking minority member of the select committee. 3. Investigation and report on the attack on the United States consulate in Benghazi, Libya Not later than 90 days after the initial meeting of the select committee, the select committee shall conduct an investigation of and submit to the House a report on— (1) any intelligence known to the United States relating to the attack on the United States consulate in Benghazi, Libya, on September 11, 2012; (2) any requests for additional security, or actions taken by Federal agencies to improve security at the consulate before the attack; (3) a definitive timeline of the attack; (4) how the relevant agencies and the executive branch responded to the attack and whether appropriate congressional notifications were made; (5) any improper conduct by officials relating to the attack; (6) recommendations on what steps Congress and the President should take to prevent future attack; and (7) any other relevant issues relating to the attack or the response to the attack. 4. Procedures of the select committee Rule XI of the Rules of the House of Representatives, including clause 2(j)(1) (guaranteeing the minority additional witnesses) and clause 2(m)(3) (providing for the authority to subpoena witnesses and documents), shall apply to the select committee. 5. Joint operations The chair of the select committee, in conducting the investigation described in section 3, may consult with the chair of any Senate committee conducting a parallel investigation regarding meeting jointly to receive testimony, the scheduling of hearings or issuance of subpoenas, and joint staff interviews of key witnesses. 6. Staff; funding (a) (1) To the extent practicable, the select committee shall utilize the services of staff of employing entities of the House. At the request of the chair in consultation with the ranking minority member, staff of employing entities of the House may be detailed to the select committee to carry out this resolution and shall be deemed to be staff of the select committee. (2) The chair, upon consultation with the ranking minority member, may employ and fix the compensation of such staff as the chair considers necessary to carry out this resolution. (b) There are authorized to be appropriated from the applicable accounts of the House such sums as may be necessary to carry out this resolution. Payments for the expenses of the select committee shall be made on vouchers signed by the chairman and approved in the manner directed by the Committee on House Administration. Amounts made available under this subsection shall be expended in accordance with regulations prescribed by the Committee on House Administration. 7. Dissolution and disposition of records (a) The select committee shall cease to exist 30 days after filing the report required under section 3. (b) Upon dissolution of the select committee, the records of the select committee shall become the records of any committee designated by the Speaker.
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IV 113th CONGRESS 1st Session H. RES. 37 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mr. Walberg (for himself, Mr. Dingell , Mr. Benishek , Mr. Bentivolio , Mr. Camp , Mr. Conyers , Mr. Huizenga of Michigan , Mr. Kildee , Mr. Levin , Mrs. Miller of Michigan , Mr. Peters of Michigan , Mr. Rogers of Michigan , and Mr. Upton ) submitted the following resolution; which was referred to the Committee on Natural Resources RESOLUTION Recognizing the 200th anniversary of the Battles at the River Raisin and the significance of these battles during the War of 1812.
Whereas from January 18 to January 22, 1813, the military forces of the United States and Great Britain engaged in the Battles of Frenchtown, which have come to be commonly referred to as the Battles of River Raisin; Whereas the battles on the north bank of the River Raisin were some of the largest engagements of the War of 1812, and the largest battle ever to be fought on Michigan soil; Whereas the conflicts were some of the bloodiest engagements during the War of 1812; Whereas of the 934 members of the United States Armed Forces who fought here, only 33 escaped death or capture; Whereas the Battles of the River Raisin had a significant effect on the campaign for the Great Lakes and inspired one of the great rallying cries of the War of 1812, Remember the Raisin! ; Whereas each January on the anniversary of the battle, a memorial service is held commemorating the service of the Citizens of the United States, the United Kingdom, France, Canada, and Native Americans who fought at the Battle of River Raisin; Whereas the River Raisin Battlefield Site was established as a Michigan State Historic Site on February 18, 1956, and was placed on the National Register of Historic Places on December 10, 1982; Whereas since 1990 the Monroe County Historical Commission and the Monroe County Historical Society have managed the Monroe River Raisin Battlefield Visitor Center, a source of community pride and a resource for information about the Battle of River Raisin; Whereas the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ) authorized the establishment of the River Raisin National Battlefield Park at Monroe, Michigan; Whereas, on October 22, 2010, the River Raisin National Battlefield Park was established as the 393rd unit of the United States National Park Service and is the only National Battlefield Park representing the War of 1812; and Whereas the 200th anniversary of the Battles of the River Raisin are January 18 to January 22, 2013: Now, therefore, be it
That the House of Representatives— (1) recognizes the 200th anniversary of the Battles of River Raisin; (2) pays tribute to the members of the United States Armed Forces who died at River Raisin; (3) recognizes the work of the River Raisin Battlefield Visitor Center in Monroe, Michigan, a cooperative effort of the Monroe County Historical Commission, Monroe County Historical Society, National Park Service and the City of Monroe in preserving and maintaining this battlefield and the legacy of those who fought for future generations; and (4) encourages the people of the United States to visit the River Raisin National Battlefield Park on the occasion of this bicentennial anniversary.
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IV 113th CONGRESS 1st Session H. RES. 38 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Ms. Lee of California (for herself, Ms. McCollum , Mr. Farr , Mr. Clay , Mr. Honda , Ms. Norton , Ms. Chu , Mr. Ellison , Mr. Johnson of Georgia , Mr. Cummings , Ms. Eddie Bernice Johnson of Texas , Ms. Bordallo , Mr. Richmond , Mr. Danny K. Davis of Illinois , Ms. Speier , Mr. Grijalva , Mrs. Ellmers , Mr. Carson of Indiana , Mr. Moran , Mr. Rush , Mr. Rangel , Mr. Nadler , Ms. Wasserman Schultz , Mr. Costa , Mr. Serrano , Mr. Bishop of Georgia , Mr. Meeks , Mr. Conyers , Ms. Moore , Mrs. Christensen , Mr. Fattah , Mr. Israel , Mr. Watt , Mr. Hastings of Florida , Mr. Cleaver , Mr. Polis , Mr. Dingell , Mr. Harris , Mr. Al Green of Texas , Ms. Roybal-Allard , Ms. Schakowsky , Mr. Fitzpatrick , Mr. Cohen , Ms. Clarke , Ms. Edwards , Ms. Waters , Mr. Cicilline , Ms. Castor of Florida , Ms. Bonamici , Mr. Tonko , Mr. Van Hollen , Mr. Gutierrez , Mr. Peters of Michigan , Mr. Pitts , Mr. Chabot , Ms. Fudge , Mr. Michaud , Mr. Vargas , Mr. Butterfield , Mr. Terry , Mr. Larsen of Washington , Mr. Price of North Carolina , Mr. Payne , Mr. Higgins , Mr. Delaney , Mr. Fortenberry , Mr. Scott of Virginia , Ms. Bass , Mrs. Beatty , Mr. Jeffries , Ms. Sewell of Alabama , Mr. Horsford , Mr. Long , and Ms. Slaughter ) submitted the following resolution; which was referred to the Committee on the Judiciary RESOLUTION Recognizing National Emancipation Day, marking the 150th anniversary of the end of slavery in areas of rebellion, and the significance of the Emancipation Proclamation in the struggle for the equal rights and freedoms afforded to all United States citizens.
Whereas in 1619, a ship flying the Dutch flag stopped at Old Point Comfort in the Virginia Colony with 20 Africans onboard; Whereas the arrival of these 20 Africans to the Virginia Peninsula marked the beginning of more than 200 years of captivity for Africans in the United States; Whereas President Abraham Lincoln, during the American Civil War and in accordance with the war powers vested to him issued a proclamation on September 22, 1862, declaring that on the first day of January, 1863, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free ; Whereas the Emancipation Proclamation, as an Executive order, legally emancipated millions of slaves in the States of South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, Texas, Virginia, Arkansas, and North Carolina; Whereas for two-and-a-half years after the Emancipation Proclamation became official, Texas slaves were held in bondage and only after June 19, 1865, when Union Soldiers arrived in Galveston, Texas, were African-American slaves in that State set free; Whereas, on December 6, 1865, the Thirteenth Amendment to the United States Constitution, which reads Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction , was adopted and effectively outlawed slavery in the United States; Whereas the issuance of the Emancipation Proclamation was a significant precursor to the adoption of the Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution, also known as the Reconstruction Amendments, adopted between 1865 and 1870, as well as the Civil Rights Act of 1964, the National Voting Rights Act of 1965, and the Fair Housing Act of 1968 among others; and Whereas slaves and their descendants in the United States have contributed significantly to the foundation, growth, diversity, and leadership of the United States: Now, therefore, be it
That the House of Representatives recognizes National Emancipation Day, marking the 150th anniversary of the beginning of the end of slavery in areas of rebellion, and the significance of the Emancipation Proclamation in the struggle for the equal rights and freedoms afforded to all United States citizens.
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IV House Calendar No. 2 113th CONGRESS 1st Session H. RES. 39 [Report No. 113–2] IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Sessions , from the Committee on Rules , reported the following resolution; which was referred to the House Calendar and ordered to be printed RESOLUTION Providing for consideration of the bill (H.R. 325) to ensure the complete and timely payment of the obligations of the United States Government until May 19, 2013, and for other purposes.
That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 325) to ensure the complete and timely payment of the obligations of the United States Government until May 19, 2013, and for other purposes. All points of order against consideration of the bill are waived. The amendment printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate, with 40 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means and 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on House Administration; and (2) one motion to recommit with or without instructions.
January 22, 2013 Referred to the House Calendar and ordered to be printed
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IV 113th CONGRESS 1st Session H. RES. 40 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Gingrey of Georgia submitted the following resolution; which was referred to the Committee on Oversight and Government Reform RESOLUTION Expressing the sense of the House of Representatives that active duty military personnel who are stationed or residing in the District of Columbia should be permitted to exercise fully their rights under the Second Amendment to the Constitution of the United States.
Whereas the Second Amendment to the United States Constitution provides: ‘A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.’; Whereas approximately 40,000 servicemen and women across all branches of the Armed Forces either live in or are stationed on active duty within the Washington, DC metropolitan area, and unless these individuals are granted a waiver as serving in a law enforcement role, they are subject to the District of Columbia’s onerous and highly restrictive laws on the possession of firearms; Whereas military personnel, despite being extensively trained in the proper and safe use of firearms, are therefore deprived by the laws of the District of Columbia of handguns, rifles, and shotguns that are commonly kept by law-abiding persons throughout the United States for sporting use and for lawful defense of their persons, homes, businesses, and families; Whereas the District of Columbia has one of the highest per capita murder rates in the Nation, which may be attributed in part to previous local laws prohibiting possession of firearms by law-abiding persons who would have otherwise been able to defend themselves and their loved ones in their own homes and businesses; Whereas the Gun Control Act of 1968 , as amended by the Firearms Owners’ Protection Act, and the Brady Handgun Violence Prevention Act, provide comprehensive Federal regulations applicable in the District of Columbia as elsewhere, and existing District of Columbia criminal laws punish possession and illegal use of firearms by violent criminals and felons; consequently, there is no need for local laws that only affect and disarm law-abiding citizens; Whereas, on June 26, 2008, the Supreme Court of the United States in the case of District of Columbia v. Heller held that the Second Amendment protects an individual’s right to possess a firearm for traditionally lawful purposes, and thus ruled that the District of Columbia’s handgun ban and requirements that rifles and shotguns in the home be kept unloaded and disassembled or outfitted with a trigger lock to be unconstitutional; Whereas, on July 16, 2008, the District of Columbia enacted the Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17–422; 55 DCR 8237), which places onerous restrictions on the ability of law-abiding citizens from possessing firearms, thus violating the spirit by which the Supreme Court of the United States ruled in District of Columbia v. Heller; and Whereas, on February 26, 2009, the United States Senate adopted an amendment on a bipartisan vote of 62–36 by Senator John Ensign to S. 160, the District of Columbia House Voting Rights Act of 2009, which would fully restore Second Amendment rights to the citizens of the District of Columbia: Now, therefore, be it
That it is the sense of the House of Representatives that active duty military personnel who are stationed or residing in the District of Columbia should be permitted to exercise fully their rights under the Second Amendment to the Constitution of the United States and therefore should be exempt from the District of Columbia’s restrictions on the possession of firearms.
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IV 113th CONGRESS 1st Session H. RES. 41 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Holt submitted the following resolution; which was referred to the Committee on Science, Space, and Technology RESOLUTION Expressing support for designation of February 12, 2013, as Darwin Day and recognizing the importance of science in the betterment of humanity.
Whereas Charles Darwin's theory of evolution by the mechanism of natural selection, together with the monumental amount of scientific evidence he compiled to support it, provides humanity with a logical and intellectually compelling explanation for the diversity of life on Earth; Whereas the validity of Darwin's theory of evolution by natural selection is further strongly supported by the modern understanding of the science of genetics; Whereas it has been the human curiosity and ingenuity exemplified by Darwin that has promoted new scientific discoveries that have helped humanity solve many problems and improve living conditions; Whereas the advancement of science must be protected from those unconcerned with the adverse impacts of global warming and climate change; Whereas the teaching of creationism in some public schools compromises the scientific and academic integrity of the United States education systems; Whereas Charles Darwin is a worthy symbol of scientific advancement on which to focus and around which to build a global celebration of science and humanity intended to promote a common bond among all of Earth’s peoples; and Whereas February 12, 2013, is the anniversary of the birth of Charles Darwin in 1809 and would be an appropriate date to designate as Darwin Day: Now, therefore, be it
That the House of Representatives— (1) supports the designation of Darwin Day; and (2) recognizes Charles Darwin as a worthy symbol on which to celebrate the achievements of reason, science, and the advancement of human knowledge.
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IV 113th CONGRESS 1st Session H. RES. 42 In the House of Representatives, U. S., January 23, 2013 RESOLUTION Electing Members to certain standing committees of the House of Representatives.
That the following named Members be, and are hereby, elected to the following standing committees of the House of Representatives: Committee on Agriculture: Mr. Courtney. Committee on the Budget: Mr. Schrader. Committee on Ethics: Mr. Pierluisi, Mr. Capuano, Ms. Clarke, and Mr. Deutch. Committee on Oversight and Government Reform: Mr. Danny K. Davis of Illinois, Mr. Cárdenas, Mr. Horsford, and Ms. Michelle Lujan Grisham of New Mexico. Committee on Small Business: Mr. Barber, Ms. Kuster, and Mr. Murphy of Florida. Committee on Veterans’ Affairs: Mr. Walz.
Karen L. Haas, Clerk.
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IV 113th CONGRESS 1st Session H. RES. 43 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Fattah submitted the following resolution; which was referred to the Committee on Education and the Workforce RESOLUTION Expressing the sense of the House of Representatives in support of the Common Core State Standards Initiative.
Whereas the Common Core State Standards Initiative is a joint effort by the National Governors Association Center for Best Practices and the Council of Chief State School Officers in partnership with Achieve, ACT, and the College Board; Whereas governors and State commissioners of education from across the country committed to joining a State-led process to develop a common core of State standards in English-language arts and mathematics for grades K–12; Whereas these standards will be research and evidence-based, internationally benchmarked, aligned with college and work expectations, and include rigorous content and skills; Whereas the National Governors Association Center for Best Practices and the Council of Chief State School Officers are coordinating the process to develop these standards and have created an expert validation committee to provide an independent review of the common core State standards, as well as the grade-by-grade standards; Whereas students in the United States compete with peers across the country and around the world; and Whereas the future economic, diplomatic, and military strength of the United States will be determined by the quality of education available to the Nation’s young people: Now, therefore, be it
That it is the sense of the House of Representatives that the National Governors Association Center for Best Practices and the Council of Chief State School Officers should be commended for their efforts to increase the rigor, utility, and comparability of State academic standards.
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IV 113th CONGRESS 1st Session H. RES. 44 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Fattah (for himself, Mr. Hultgren , and Mr. Ben Ray Luján of New Mexico ) submitted the following resolution; which was referred to the Committee on Science, Space, and Technology RESOLUTION Expressing the sense of the House of Representatives that Federal laboratories have been and continue to be on the cutting edge of scientific and technological advancement and supporting the designation of 2013 as the Year of the Federal Lab .
Whereas a Federal laboratory is defined as any laboratory, federally funded research and development center, or center that is owned, leased, or otherwise used by a Federal agency and funded by the Federal Government; Whereas the national network of Federal laboratories should be commended for the unique role they have had in countless innovations and advances in the areas of environment, health, national security, and the basic sciences; Whereas technological progress is responsible for up to half the growth of the United States economy and is the principal driving force behind long-term economic growth and increases in our standard of living; Whereas federally supported research and development has led to new products and processes for the commercial marketplace, including antibiotics, plastics, airplanes, computers, microwaves, and bioengineered drugs; Whereas Federal laboratories frequently partner with State and local governments and regional organizations to transfer technology to the private sector; Whereas earning prestigious national and international awards for their research and technology transfer efforts, Federal laboratories lead the way in cutting-edge science and technology; Whereas the innovations that are produced at the Nation’s Federal laboratories fuel economic growth by creating new industries, companies, and jobs; Whereas since the United States global leadership and national security is dependent on innovation and new industries, the work of the Nation’s network of Federal laboratories is essential to the Nation’s continued prosperity; and Whereas 2013 would be an appropriate year to designate as the Year of the Federal Lab : Now, therefore, be it
That the House of Representatives— (1) supports the designation of the Year of the Federal Lab in celebration of all of the work and accomplishments of the national network of Federal laboratories; (2) recognizes that one key to maintaining United States innovation and competitiveness in a global economy is to continue to support federally sponsored research and development; (3) acknowledges that the knowledge base, technologies, and techniques generated in the Federal laboratory system serve as a foundation for additional commercially relevant efforts in the private sector; (4) commits to find ways to increase Federal investment in the network of Federal laboratories in order to increase support of federally sponsored research and development; and (5) encourages the laboratories, the executive branch agencies, and Congress to hold educational and outreach events during the Year of the Federal Lab to make the public more aware of the work of the Nation’s network of Federal laboratories.
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IV 113th CONGRESS 1st Session H. RES. 45 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Fattah submitted the following resolution; which was referred to the Committee on Science, Space, and Technology RESOLUTION Expressing the sense of the House of Representatives that it is imperative that the United States creates a clear vision and goal to be the world leader in innovation, science, technology, engineering, and math to ensure the continued strength, growth, and vitality of this Nation.
Whereas high math and science achievement are essential to the security of the United States and the strength of its economy; Whereas the Nation’s science and engineering workforce is aging and the supply of new scientists and engineers in the United States is decreasing; Whereas students are academically underperforming compared to other industrialized nations, ranking 20th in math and 13th in science; Whereas President Barack Obama has articulated that those countries that out educate the United States today will out compete the Nation tomorrow; Whereas education offers a source of solutions to the most pressing problems and everyone benefits from what schools do today to prepare students to be leaders tomorrow; Whereas education is often perceived to be expensive, but ignorance is far more costly; Whereas nations such as Singapore, China, and Germany have made it a national priority to be world leaders in math and science; Whereas an increasing number of countries are dedicating a large share of their gross domestic product (GDP) to research and development; Whereas the quality of 21st century scientists, doctors, and engineers will depend on the quality of education children in the United States receive today; Whereas the future depends on new innovations and technologies such as creating clean energy jobs for a clean energy economy; Whereas some of the greatest breakthroughs and innovations in science and technology have come during the most challenging times; Whereas innovations of the past, including walking on the moon, exploring space, and developing essential vaccines, occurred because people dared to dream and most importantly invested in the potential of those dreams; and Whereas the story of the United States is fundamentally rooted in a resilient spirit, always reaching for and achieving what others thought impossible: Now, therefore, be it
That the House of Representatives— (1) creates a clear vision and goal for the United States that sets its national priority to be the world leader in innovation, science, technology, engineering, and math; (2) ensures that at least 3 percent of United States gross domestic product (GDP) is dedicated to research and development; (3) encourages more students to study math and science by elevating these subjects to be engaging and exciting subjects to study and careers to enter; and (4) recognizes that the resilient United States spirit will carry us through the current challenges we face to once again be the clear leader in innovation, research, and development.
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IV 113th CONGRESS 1st Session H. RES. 46 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Lipinski (for himself, Mr. Smith of New Jersey , Mr. Reed , Mr. Jones , Ms. Roybal-Allard , Mr. Kelly , Ms. DeLauro , Mr. Sablan , Mr. Danny K. Davis of Illinois , Mr. Michaud , Mr. Grimm , Mr. Tiberi , Ms. Bordallo , Mr. Barletta , Mr. Benishek , Mr. Fitzpatrick , Ms. Eshoo , Mr. Higgins , Mr. Ryan of Ohio , Ms. Kaptur , Ms. McCollum , Mr. Harris , Mr. Forbes , Mr. Yarmuth , and Ms. Speier ) submitted the following resolution; which was referred to the Committee on Education and the Workforce RESOLUTION Supporting the contributions of Catholic schools.
Whereas Catholic schools in the United States are internationally acclaimed for their academic excellence, and provide students with more than an exceptional scholastic education; Whereas Catholic schools instill a broad, values-added education emphasizing the lifelong development of moral, intellectual, physical, and social values in young people in the United States; Whereas Catholic schools provide a high level of service to the Nation by providing a diverse student population from all regions of the country and all socio-economic backgrounds, with more than 30 percent of students from minority backgrounds and nearly 15.4 percent non-Catholic, a strong academic and moral foundation; Whereas Catholic schools are an affordable option for parents, particularly in underserved urban areas; Whereas Catholic schools produce students strongly dedicated to their faith, values, families, and communities by providing an intellectually stimulating environment rich in spiritual, character, and moral development; Whereas Catholic schools are committed to community service, producing graduates who hold helping others as one of their core values; Whereas the total Catholic school student enrollment for the 2011–2012 academic year was over 2,000,000 and the student-teacher ratio was 13.1 to 1; Whereas the Catholic high school graduation rate is 99 percent, with nearly 85 percent of graduates attending 4-year colleges; Whereas in the 1972 pastoral message concerning Catholic education, the National Conference of Catholic Bishops stated, “Education is one of the most important ways by which the Church fulfills its commitment to the dignity of the person and building of community. Community is central to education ministry, both as a necessary condition and an ardently desired goal. The educational efforts of the Church, therefore, must be directed to forming persons-in-community; for the education of the individual Christian is important not only to his solitary destiny, but also the destinies of the many communities in which he lives.”; Whereas the week of January 27, 2013, to February 2, 2013, has been designated as National Catholic Schools Week by the National Catholic Educational Association and the United States Conference of Catholic Bishops; and Whereas the theme for National Catholic Schools Week 2012 is Catholic Schools Raise the Standards : Now, therefore, be it
That the House of Representatives— (1) supports the goals of National Catholic Schools Week, an event cosponsored by the National Catholic Educational Association and the United States Conference of Catholic Bishops and established to recognize the vital contributions of the thousands of Catholic elementary and secondary schools in the United States; (2) applauds the National Catholic Educational Association and the United States Conference of Catholic Bishops on their selection of a theme that all can celebrate; and (3) supports the continued dedication of catholic schools, students, parents, and teachers across the United States toward academic excellence, and supports the key role they play in promoting and ensuring a brighter, stronger future for the Nation.
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IV 113th CONGRESS 1st Session H. RES. 47 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Ms. Meng , and Ms. Bera of California ) submitted the following resolution; which was referred to the Committee on Oversight and Government Reform RESOLUTION Expressing the sense of the House of Representatives that the Citizens’ Stamp Advisory Committee, as an entity of the United States Postal Service, should issue a commemorative stamp in honor of the holiday of Diwali.
Whereas Diwali, also referred to as the festival of lights , is an Indian holiday that also marks the beginning of the Hindu New Year; Whereas Diwali celebrates the triumph of good over evil, the awareness of one’s inner light, the dispelling of ignorance, and bringing peace and joy through the awakening gained from this higher knowledge; Whereas the holiday of Diwali is observed in America, and across the globe, by Hindus, Sikhs, Christians, Jains, and Buddhists; Whereas as one of the world’s oldest religious holidays, Diwali serves not only as a time for celebration, but also as a time for communities and families to come together in spiritual enlightenment; Whereas the practice of Diwali has survived political, economic and social changes throughout history, while always carrying the universal symbolism of the victory of light, goodness, knowledge, and truth; Whereas the United States Postal Service, through the decisions of the Citizens’ Stamp Advisory Committee, has issued stamps for other popular holidays in the United States, including Christmas, Kwanzaa, Hanukkah, and Eid; Whereas the United States Postal Service is yet to issue a stamp in honor of the holiday of Diwali; and Whereas issuing a postage stamp honoring the holiday of Diwali is fitting and proper: Now, therefore, be it
That it is the sense of the House of Representatives that— (1) the United States Postal Service should issue a postage stamp honoring the holiday of Diwali; and (2) the Citizens' Stamp Advisory Committee should recommend to the Postmaster General that such a stamp be issued.
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IV 113th CONGRESS 1st Session H. RES. 48 In the House of Representatives, U. S., February 5, 2013 RESOLUTION Providing for consideration of the bill (H.R. 444) to require that, if the President's fiscal year 2014 budget does not achieve balance in a fiscal year covered by such budget, the President shall submit a supplemental unified budget by April 1, 2013, which identifies a fiscal year in which balance is achieved, and for other purposes.
That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 444) to require that, if the President's fiscal year 2014 budget does not achieve balance in a fiscal year covered by such budget, the President shall submit a supplemental unified budget by April 1, 2013, which identifies a fiscal year in which balance is achieved, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided among and controlled by the chair and ranking minority member of the Committee on the Budget or their respective designees. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. All points of order against provisions in the bill are waived. No amendment to the bill shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
Karen L. Haas, Clerk.
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IV 113th CONGRESS 1st Session H. RES. 49 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Al Green of Texas (for himself, Ms. Edwards , Mr. Hastings of Florida , Mr. Honda , Ms. Chu , Mr. Hinojosa , Mr. Butterfield , Mr. Bishop of Georgia , Mr. Meeks , Mr. Rush , Ms. Wilson of Florida , Ms. Moore , Mr. Johnson of Georgia , Mr. Ellison , Mrs. Christensen , Ms. Eddie Bernice Johnson of Texas , Mr. Richmond , Mr. Cummings , Mr. David Scott of Georgia , Mr. Conyers , Ms. Jackson Lee , Mr. Carson of Indiana , Ms. Norton , Ms. Bass , Ms. Lee of California , Mr. Thompson of Mississippi , Ms. Clarke , Mr. Horsford , Mr. Jeffries , Mr. Payne , Mr. Watt , Mr. Fattah , Mr. Lewis , Mr. Cleaver , Ms. Brown of Florida , Ms. Fudge , Mrs. Beatty , Mr. Rangel , Mr. Veasey , Mr. Scott of Virginia , Mr. Cohen , Ms. Waters , Mr. Clyburn , Mr. Clay , Mr. Danny K. Davis of Illinois , and Ms. Sewell of Alabama ) submitted the following resolution; which was referred to the Committee on Education and the Workforce RESOLUTION Recognizing the significance of Black History Month.
Whereas the first Africans were brought involuntarily to the shores of the America as early as the 17th century; Whereas these Africans in America and their descendants are now known as African-Americans; Whereas African-Americans suffered enslavement and subsequently faced the injustices of lynch mobs, segregation, and denial of basic, fundamental rights; Whereas despite slavery, African-Americans in all walks of life have made significant contributions throughout the history of the United States, including through the— (1) writings of Booker T. Washington, Phyllis Wheatley, James Baldwin, Toni Morrison, Ralph Ellison, Zora Neale Hurston, and Alex Haley; (2) music of Mahalia Jackson, Billie Holiday, John Coltrane, Bessie Smith, and Duke Ellington; (3) resolve of athletes such as Jackie Robinson, Althea Gibson, Jesse Owens, Wilma Rudolph, and Muhammad Ali; (4) scientific advancements of George Washington Carver, Charles Drew, Benjamin Banneker, and Mae Jemison; (5) vision of leaders such as Frederick Douglass, Mary McLeod Bethune, Thurgood Marshall, Martin Luther King, Jr., and Shirley Chisholm; and (6) bravery of those who stood on the front lines in the battle against oppression, such as Sojourner Truth, Fannie Lou Hammer, and Rosa Parks; Whereas in the face of injustices, United States citizens of good will and of all races distinguished themselves with their commitment to the noble ideals upon which the United States was founded and courageously fought for the rights and freedom of African-Americans; Whereas Dr. Martin Luther King, Jr., lived and died to make real these noble ideas; Whereas a memorial commemorating the life and ideals of Dr. Martin Luther King, Jr., was placed on the National Mall for all people to observe his struggle for freedom and truth; Whereas Barack Hussein Obama was elected and reelected the 44th President of the United States, making him the first African-American chief executive and breaking one of the last racial barriers in politics in this country; Whereas the birthdays of Abraham Lincoln and Frederick Douglass inspired the creation of Negro History Week, the precursor to Black History Month; Whereas Negro History Week represented the culmination of Dr. Carter G. Woodson's efforts to enhance knowledge of Black history started through the Journal of Negro History, published by Woodson's Association for the Study of African-American Life and History; and Whereas the month of February is officially celebrated as Black History Month, which dates back to 1926, when Dr. Carter G. Woodson set aside a special period of time in February to recognize the heritage and achievement of Black Americans: Now, therefore, be it
That the House of Representatives— (1) recognizes the significance of Black History Month as an important time to recognize the contributions of African-Americans in the Nation's history, and encourages the continued celebration of this month to provide an opportunity for all peoples of the United States to learn more about the past and to better understand the experiences that have shaped the Nation; (2) recognizes that ethnic and racial diversity of the United States enriches and strengthens the Nation; (3) calls on the people of the United States to use Black History Month as an opportunity to learn about the past and to better understand the experiences that have shaped the Nation; and (4) encourages all States to include in their year-round educational curriculum the history and contributions of African-Americans in the United States and around the world.
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IV 113th CONGRESS 1st Session H. RES. 50 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Israel (for himself, Ms. Bordallo , Mr. Carter , Mr. Cicilline , Mr. Connolly , Mr. Cooper , Mr. Costa , Mr. Fitzpatrick , Mr. Grijalva , Mr. Higgins , Ms. Lee of California , Mr. Levin , Ms. McCollum , Mr. Polis , Mr. Rangel , Mr. Reed , Ms. Linda T. Sánchez of California , Ms. Slaughter , and Ms. Speier ) submitted the following resolution; which was referred to the Committee on Energy and Commerce RESOLUTION Expressing support for designation of February 4, 2013, as National Cancer Prevention Day.
Whereas National Cancer Prevention Day is a day to remind us that when looking at cancer we need to look at prevention and reducing risks for human health and the environment; Whereas when we work to prevent cancer risks, it impacts human health, the environment, and the economy; Whereas cancer is one of the leading causes of death around the world and has touched the lives of nearly everyone, either directly or indirectly; Whereas the disease is the cause of nearly 1 out of every 4 deaths in the United States; Whereas by the end of 2013, approximately 1,660,290 new cases are expected to be diagnosed across the United States; Whereas almost 1,600 cancer-related deaths per day are expected throughout the year for a total of approximately 580,350; and Whereas February 4, 2013, would be an appropriate date to designate as Cancer Prevention Day: Now, therefore, be it
That the House of Representatives— (1) supports the designation of National Cancer Prevention Day; (2) recognizes all efforts to raise the awareness for the reduction of cancer risks; and (3) recognizes the devastating effect cancer has on families and wishes to expand knowledge, encourage early detection, and work with friends in the medical and scientific fields to put an end to this deadly disease.
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IV 113th CONGRESS 1st Session H. RES. 51 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Langevin (for himself, Ms. Bonamici , Mr. Cicilline , Mr. Schock , Mr. Holt , and Mr. Polis ) submitted the following resolution; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Science, Space, and Technology , 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 RESOLUTION Expressing the sense of the House of Representatives that adding art and design into Federal programs that target the Science, Technology, Engineering, and Mathematics (STEM) fields encourages innovation and economic growth in the United States.
Whereas the innovative practices of art and design play an essential role in improving Science, Technology, Engineering, and Mathematics (STEM) education and advancing STEM research; Whereas art and design provide real solutions for our everyday lives, distinguish United States products in a global marketplace, and create opportunity for economic growth; Whereas artists and designers can effectively communicate complex data and scientific information to multiple stakeholders and broad audiences; Whereas the tools and methods of design offer new models for creative problem-solving and interdisciplinary partnerships in a changing world; Whereas artists and designers are playing an integral role in the development of modern technology; Whereas artists and designers are playing a key role in manufacturing; and Whereas May would be an appropriate month to designate as STEM-to-STEAM Month : Now, therefore, be it
That the House of Representatives— (1) recognizes the importance of art and design in the Science, Technology, Engineering, and Mathematics (STEM) fields; (2) supports the designation of STEM-to-STEAM Month ; (3) encourages the inclusion of art and design in the STEM fields during reauthorization of the Elementary and Secondary Education Act; (4) encourages the inclusion of art and design in the STEM fields during reauthorization of the Higher Education Act; and (5) encourages the Secretary of Commerce, the Secretary of the Department of Education, the Chairman of the National Endowment for the Arts, and the Director of the National Science Foundation to develop a STEM to STEAM Council representative of artists, designers, education and business leaders, and Federal agencies in order to facilitate a comprehensive approach to incorporate art and design into the Federal STEM programs.
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IV 113th CONGRESS 1st Session H. RES. 52 In the House of Representatives, U. S., February 5, 2013 RESOLUTION Electing Members to a certain standing committee of the House of Representatives.
That the following named Members be, and are hereby, elected to the following standing committee of the House of Representatives: Committee on House Administration: Ms. Lofgren and Mr. Vargas.
Karen L. Haas, Clerk.
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IV 113th CONGRESS 1st Session H. RES. 53 In the House of Representatives, U. S., February 5, 2013 RESOLUTION Electing Members to a standing committee of the House of Representatives.
That the following Members be, and are hereby, elected to the following standing committee of the House of Representatives: Committee on the Budget: Mr. Garrett, Mr. Campbell, Mr. Calvert, Mr. Cole, Mr. McClintock, Mr. Lankford, Mr. Ribble, Mr. Flores, Mr. Rokita, Mr. Woodall, Mrs. Blackburn, Mr. Nunnelee, Mr. Renacci, Mr. Rigell, Mrs. Hartzler, Mrs. Walorski, Mr. Messer, Mr. Rice of South Carolina, and Mr. Williams.
Karen L. Haas, Clerk.
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IV 113th CONGRESS 1st Session H. RES. 54 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Conyers (for himself, Mrs. Roby , Mr. Delaney , Mr. Scott of Virginia , Mr. Peters of Michigan , Mr. Lewis , Mr. Camp , Mr. Clay , Mr. Butterfield , Mr. Carson of Indiana , Ms. Castor of Florida , Ms. Clarke , Mr. Cohen , Mr. Rangel , Ms. Sewell of Alabama , Mr. Thompson of Mississippi , Ms. Wilson of Florida , Mrs. Beatty , Ms. Brown of Florida , Mr. Bishop of Georgia , Mr. Cleaver , Mr. Al Green of Texas , Mr. Cummings , Ms. Edwards , Ms. Fudge , Ms. Chu , Mr. Danny K. Davis of Illinois , Mr. Dingell , Mr. Fattah , Ms. McCollum , Ms. Moore , Mr. Nadler , Ms. Norton , Mr. Meeks , Ms. Eddie Bernice Johnson of Texas , Mr. Rush , Mr. Watt , Mr. Johnson of Georgia , Mr. Vela , Mr. Bachus , Mr. Ruiz , and Mr. Bonner ) submitted the following resolution; which was referred to the Committee on the Judiciary RESOLUTION Observing the 100th birthday of civil rights icon Rosa Parks and commemorating her legacy.
Whereas Rosa Louise McCauley Parks was born on February 4, 1913, in Tuskegee, Alabama, the first child of James and Leona (Edwards) McCauley; Whereas Rosa Parks dedicated her life to the cause of universal human rights and truly embodied the love of humanity and freedom; Whereas Rosa Parks was arrested on December 1, 1955, in Montgomery, Alabama, for refusing to give up her seat on a bus to a White man, and her stand for equal rights became legendary; Whereas news of the arrest of Rosa Parks resulted in approximately 42,000 African-Americans boycotting Montgomery buses for 381 days, beginning on December 5, 1955, until the bus segregation law was changed on December 21, 1956; Whereas the United States Supreme Court ruled on November 13, 1956, that the Montgomery segregation law was unconstitutional, and on December 20, 1956, Montgomery officials were ordered to desegregate buses; Whereas the civil rights movement led to the Civil Rights Act of 1964 ( Public Law 88–352 ; 78 Stat. 241), which broke down the barrier of legal discrimination against African-Americans and made equality before the law a reality for all people of the United States; Whereas Congress recognized on November 18, 2005, that most historians date the beginning of the modern civil rights movement with Rosa Parks’ act of civil disobedience (H. Con. Res. 208); Whereas Rosa Parks has been honored as the first lady of civil rights and the mother of the freedom movement , and her quiet dignity ignited the most significant social movement in the history of the United States; Whereas, in 1987, Rosa Parks and her close associate Elaine Steele cofounded the Rosa and Raymond Parks Institute for Self Development to motivate and direct youth to achieve their highest potential through Rosa Parks’ philosophy of “quiet strength” and cross-cultural exposure for nurturing a global and inclusive perspective; Whereas Rosa Parks was the recipient of many awards and accolades for her efforts on behalf of racial harmony, including the Congressional Gold Medal, the Spingarn Award, which is the highest honor of the National Association for the Advancement of Colored People for civil rights contributions, and the Presidential Medal of Freedom, which is the highest civilian honor in the United States, and was named one of the 20 most influential and iconic figures of the 20th century; Whereas Rosa Parks, by her quiet courage, symbolizes all that is vital about nonviolent protest, as she endured threats of death and persisted as an advocate for the simple, basic lessons she taught the Nation and from which the Nation has benefitted immeasurably; Whereas Rosa Parks and her husband Raymond Parks moved to Michigan in 1957 and she resided there until her death on October 24, 2005; Whereas, in recognition of the historic contributions of Rosa Parks, her remains were placed in the rotunda of the Capitol from October 30 to October 31, 2005, so that the people of the United States could pay their last respects to this great American; Whereas, in November 2005, Congress authorized the Joint Committee on the Library to procure a statue of Rosa Parks to be placed in the Capitol; Whereas the United States Postal Service will issue a stamp in February 2013 to honor Rosa Parks and her courage to act at a pivotal moment in the civil rights movement; Whereas the bus on which Rosa Parks sparked a new era in the American quest for freedom and equality is one of the most significant artifacts of the American civil rights movement and is on permanent display in the Henry Ford Museum in Dearborn, Michigan; Whereas, on February 4, 2013, the Henry Ford Museum, will commemorate the 100th birthday of Rosa Parks by calling for a National Day of Courage and sponsoring a program that highlights her contributions to the civil rights movement, including a day-long celebration, with both virtual and on-site activities featuring nationally recognized speakers, musical and dramatic interpretative performances, a panel presentation of ‘‘Rosa’s Story’’ and a reading of the tale ‘‘Quiet Strength’’, featuring the actual bus on which she sat as the centerpiece in commemorating her extraordinary life and accomplishments, and affording everyone the opportunity to board the bus and sit in the seat that she refused to give up; and Whereas the Rosa Parks Museum at Troy University and the Mobile Studio will commemorate the birthday of Rosa Parks with the 100th Birthday Wishes Project, culminating on February 4, 2013, with a 100th birthday celebration at the Davis Theatre for the Performing Arts in Montgomery, Alabama, where 2,000 birthday wishes submitted by individuals throughout the United States will be transformed into 200 graphic messages: Now, therefore, be it
That the House of Representatives— (1) recognizes and celebrates the 100th birthday of civil rights icon Rosa Parks; and (2) commemorates the legacy of Rosa Parks to inspire all people of the United States to stand up for freedom and the principles of the Constitution.
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IV 113th CONGRESS 1st Session H. RES. 55 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Ms. Wilson of Florida (for herself, Mr. Cleaver , Mrs. Christensen , Ms. Sewell of Alabama , Mr. Rush , Ms. Lee of California , Ms. Jackson Lee , Mr. Richmond , Ms. Chu , Ms. Brown of Florida , Ms. Norton , Mr. Conyers , and Mr. Danny K. Davis of Illinois ) submitted the following resolution; which was referred to the Committee on the Judiciary RESOLUTION Honoring the life of Trayvon Martin, urging the repeal of Stand Your Ground laws, and calling on the United States Government to address the crisis of racial profiling.
Whereas Trayvon Martin would have celebrated his 18th birthday on February 5, 2013; Whereas on February 26, 2012, Trayvon Martin, an African-American youth, was horrifically shot and killed while walking from his local 7-Eleven in Sanford, Florida, because he was viewed as suspicious by George Zimmerman; Whereas Zimmerman, a self-appointed, untrained neighborhood watch volunteer, admitted to police that he shot Martin in the chest; Whereas Trayvon Martin was racially profiled, stalked, chased, made to fight for his life, and ultimately murdered; Whereas Zimmerman raised a self-defense claim and Martin, as the deceased victim, was unable to rebut such claim; Whereas a police officer is held accountable for every bullet he or she discharges, and a private citizen should be held to the same standard with regard to the use of deadly physical force; Whereas Trayvon Martin’s brutal death and the inconceivable fact that his killer remains free should not be ignored; Whereas over 2,200,000 signatures have been collected on an online petition demanding justice for Martin’s family; Whereas Zimmerman’s unfounded assumptions and racial bias led to the use of deadly force; Whereas Travyon Martin was a victim of the prejudice and societal isolation of Black boys and men; Whereas this case sets a horrific precedent of vigilante justice and compromises the integrity of the legal system; Whereas Florida’s Stand Your Ground law has been criticized by both the legal and law enforcement communities; Whereas John F. Timoney, the former Miami police chief, Philadelphia police commissioner and deputy police commissioner in New York, has declared Stand Your Ground laws to be a recipe for disaster, which give citizens unfettered power and discretion with no accountability ; Whereas over 20 States have passed and implemented Stand Your Ground laws; Whereas Stand Your Ground laws dramatically and recklessly expand the right of citizens to use deadly force, and have been the subject of national scrutiny in the wake of Trayvon Martin’s death; and Whereas Stand Your Ground laws were drafted by organizations, corporations, and individuals that ignored advice from experts explaining that such laws would compromise public safety, disproportionately impact communities of color, and would result in offenders circumventing prosecution: Now, therefore, be it
That the House of Representatives— (1) condemns unfounded reliance on Stand Your Ground laws to protect actions that extend far beyond historical use of self-defense; (2) urges any State legislature to reject or repeal Stand Your Ground legislation; (3) commits to developing incentives for States to find alternatives to Stand Your Ground legislation such as grants for community policing; (4) encourages States to create penalties for individuals found to have caused substantive harm through racial profiling; and (5) urges the United States Commission on Civil Rights to seek to elevate the social status of Black men and boys by undertaking studies to understand and correct the underlying causes of higher rates of school expulsions and suspensions, homicides, incarceration, poverty, violence, drug abuse, as well as income, health, and educational disparities among Black males.
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113-hres-56
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IV 113th CONGRESS 1st Session H. RES. 56 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Franks of Arizona (for himself, Mr. Schweikert , Mr. Salmon , Mr. Gosar , Mr. Hultgren , Mr. Hudson , Mr. Miller of Florida , Mr. Bentivolio , Mr. Luetkemeyer , Mr. Neugebauer , Mr. Harper , Mr. Hall , Mr. Roe of Tennessee , Mr. Olson , Mr. Marchant , Mr. Barton , Mr. Daines , Mr. Harris , Mr. Cotton , Mr. Shimkus , Mr. Brooks of Alabama , Mr. Stewart , Mr. Fleming , Mr. Pearce , Mr. Radel , Mr. Chabot , Mr. Austin Scott of Georgia , Mr. Williams , Mr. Gardner , Mr. Wilson of South Carolina , Mr. Mulvaney , Mr. Lamborn , Mr. Rokita , Mr. Gohmert , Mr. Kingston , Mr. Pittenger , Mr. Conaway , and Mr. Fleischmann ) submitted the following resolution; which was referred to the Committee on Oversight and Government Reform RESOLUTION Celebrating the life of President Ronald Wilson Reagan on the anniversary of his birth.
Whereas, on February 6, 1911, Ronald Wilson Reagan was born to Nelle and John Reagan in Tampico, Illinois; Whereas Ronald Reagan's childhood years laid the foundation for his becoming a man of unfettered principle, who was not afraid to do what was right, and who was tenaciously committed to doing only that which he believed was right in his own heart, regardless of any political cost; Whereas his small-town values of hard work and commitment to God and family were deeply rooted in his early childhood experiences; Whereas as a young man in Illinois, Ronald Reagan saved 77 people from drowning through his courage, physical strength, and vigilance as a lifeguard; Whereas he attended high school in nearby Dixon, Illinois, and then worked his way through Eureka College, where he studied economics and sociology, played on the football team, and acted in school plays; Whereas in 1937, a screen test won him a contract in Hollywood, leading to his appearance in over 53 films over the next 2 decades; Whereas beginning in 1947, Ronald Reagan served as President of the Screen Actors Guild for 13 years; Whereas, on March 4, 1952, Ronald Reagan married Nancy Davis, who remained his best friend and lifelong companion and confidant for more than 5 decades; Whereas in 1966, Ronald Reagan was elected as the 33rd Governor of California, and won reelection 4 years later; Whereas Ronald Reagan believed in United States exceptionalism and asserted that the Nation has a unique role to play in the world; Whereas in 1980, Ronald Reagan won the Republican presidential nomination and was subsequently elected the 40th President of the United States, winning reelection again in 1984 and becoming the first president in 3 decades to serve 2 full terms; Whereas Ronald Reagan declared in 1981 in a speech at the University of Notre Dame that, “the West will not contain communism, it will transcend communism”, and stated that “For the West, for America, the time has come to dare to show to the world that our civilized ideas, our traditions, our values, are not—like the ideology and war machine of totalitarian societies—just a facade of strength. It is time for the world to know our intellectual and spiritual values are rooted in the source of all strength, a belief in a Supreme Being, and a law higher than our own”, thereby recognizing that the source of the Nation’s strength and ultimately its victory over communism would come from God, the “source of all strength”; Whereas in June 1982, Ronald Reagan lifted up the flagging morale of the democracies and gave hope to millions living under communist rule with an address to the British Parliament at Westminster Hall in which he proclaimed an imminent free world victory in the Cold War that would leave communist totalitarianism, like Nazi totalitarianism before it, “on the ash heap of history”; Whereas, on March 8, 1983, President Reagan warned all people in the Nation to beware of the temptation to draw a moral equivalence between the United States and the Soviet Union, and the tendency to ignore the facts of history and the “aggressive impulses of an evil empire, to simply call the arms race a giant misunderstanding and thereby remove ourselves from the struggle between right and wrong, good and evil”, thereby educating people in the United States about the moral bankruptcy of Soviet communism and reminding them that “the real crisis that we face is a spiritual one; at root, it is a test of moral will and faith”; Whereas, on March 23, 1983, President Reagan gave a landmark speech at the zenith of the Cold War, in which he proposed what became known as the Strategic Defense Initiative, to protect the United States, its allies, and its vital interests from ballistic missile attack, thereby putting the United States on a path to ending its vulnerability to missile attack and harnessing the Nation’s scientific and technological advantages in support of a military effort that the Soviet Union ultimately could not match; Whereas less than 6 years later, the world watched the Revolutions of 1989 which culminated in the fall of the Berlin Wall, the disintegration of communism, and the dissolution of the once unshakeable Soviet Union; Whereas Ronald Reagan made millions of people believe again that the United States was still capable of being victorious, of rising out of and above difficult circumstances, and of facing devastating challenges; Whereas Ronald Reagan believed in the sanctity of all human life, saying “[w]e cannot diminish the value of one category of human life—the unborn—without diminishing the value of all human life”; Whereas Ronald Reagan stated that “the future does not belong to the fainthearted; it belongs to the brave”, and desired for people of the United States to continue to make the Nation great by preserving its goodness, by persevering in the struggle between right and wrong and good and evil; Whereas the policies of the Reagan Administration led to an enduring economic recovery, the defeat of Soviet communism, and a renewal of United States patriotism and self-confidence; Whereas in his Farewell Address, President Reagan warned of the need to develop an “informed patriotism” so that we can teach our children “what America is and what she represents in the long history of the world”, thereby warning that if we forget our history, we won’t know who we are; Whereas Ronald Reagan's life was a transformed one, one that reflected a light from within, and one that he willingly shared in the brightness and warmth of his smile and in his grace and good humor; Whereas Ronald Reagan's faith in God, and his love of family and country were evident and strong even to the end of his life; Whereas Ronald Reagan was a patriotic, humble leader and noble American for 93 years; Whereas hundreds of millions of people now live in freedom because of Ronald Reagan's conviction and courage; and Whereas Ronald Reagan stated that “freedom is never more than one generation away from extinction” and called upon all the people of the United States to remember their “rendezvous with destiny”: Now, therefore, be it
That the House of Representatives— (1) celebrates the extraordinary life of President Ronald Wilson Reagan on the anniversary of his birth and expresses its deepest appreciation for his profound public service; and (2) recognizes the significance of the Presidency of Ronald Wilson Reagan, and its enduring legacy for the United States and the rest of the world, and expresses its commitment to protect, affirm, and defend the heritage of human freedom left by President Ronald Wilson Reagan.
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113-hres-57
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IV 113th CONGRESS 1st Session H. RES. 57 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Latta submitted the following resolution; which was referred to the Committee on Energy and Commerce RESOLUTION Expressing the sense of the House of Representatives that in order to continue aggressive growth in the Nation’s telecommunications and technology industries, the United States Government should Get Out of the Way and Stay Out of the Way .
Whereas the technology and communications industries in the United States have historically been some of the most competitive in the world and devoid of burdensome Government regulations; Whereas the United States has over 85,000,000 wireline broadband connections; Whereas wireless auctions are the reason the United States has over 235,000,000 wireless broadband connections; Whereas public-private partnerships, like those piloted by organizations such as Connected Nation, have raised broadband subscription rates, especially in rural areas, by increasing both broadband supply and demand without having to rely on regulation; Whereas deregulatory policies and free-market competition consistently yield a higher rate of economic growth, a greater standard of living for all Americans, and an enhanced capacity for the United States to be competitive in the global marketplace; Whereas the digital age not only expands an individual's reach and ability to connect with family and friends, provides new and exciting educational opportunities, and expands a growing global economy, while simultaneously exposing an individual to a myriad of new threats such as identity theft and other methods of online victimization, and resulting in the increase of attempted criminal cyber attacks on businesses and communications networks; and Whereas we should continually strive to advance this rapidly growing source of social and economic benefit to the Nation: Now, therefore, be it
That it is the sense of the House of Representatives that in order to continue aggressive growth in the Nation’s telecommunications and technology industries, the United States Government should “Get Out of the Way and Stay Out of the Way” by— (1) promoting investment through deregulation and free-market competition; (2) making additional spectrum available for commercial usage through unencumbered auctions, reallocation of Federal spectrum, and efficient spectrum sharing; (3) establishing a national goal of transmitting high-quality, real-time voice, data, graphics, and video at increasingly higher speeds to all people in the United States, especially in rural and underserved areas; (4) ensuring individual privacy protections without compromising marketplace efficiencies; and (5) promoting cyber threat sharing for allowing the private sector to actively defend their communications networks.
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IV 113th CONGRESS 1st Session H. RES. 58 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Latta submitted the following resolution; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Science, Space, and Technology , 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 RESOLUTION Expressing the sense of the House of Representatives that any comprehensive plan to reform our national energy policy must promote the expanded use of renewable and alternative energy sources; increase our domestic refining capacity; promote conservation and increased energy efficiency; expand research and development, including domestic exploration; and enhance consumer education.
Whereas the United States consumes roughly an average of 18,949,000 barrels of oil per day; Whereas the global average of daily oil consumption stands at 87,421,000 barrels of oil per day; Whereas the United States total annual energy consumption is approximately 94.547 quadrillion BTU, with the global total annual energy consumption at 482.872 quadrillion BTU; Whereas the United States share of world energy consumption is projected to fall from 19.5 percent in 2009 to 14.8 percent in 2035; Whereas according to the International Energy Agency, China surpassed the United States in energy consumption in 2009 and the Energy Information Administration projects China’s energy consumption to exceed that of the United States between the years 2015 and 2020; Whereas the United States has an estimated 235-year coal reserve, coal is the most abundant and efficient domestic fuel source, and processes such as gasification and liquefaction offer cleaner alternatives for utilizing this resource; Whereas renewable sources of energy account for 8.090 quadrillion BTU per year in the United States; and Whereas such sources such as biomass, geothermal, hydropower, nuclear, solar, and wind need and deserve our attention and the necessary resources to encourage their commercial viability: Now, therefore, be it
That it is the sense of the House of Representatives that in order to meet our Nation’s growing long-term energy demands and maintain our economic viability in the world marketplace, the following must be addressed in any comprehensive and economically viable energy bill considered by the 113th Congress: (1) Taking advantage of our abundant domestic coal supply. (2) Using recent technological innovations to exploit our vast supply of natural gas. (3) Increasing our domestic oil production and refining capacity. (4) Expanding use of renewable and alternative energy sources, with a focus on nuclear energy. (5) Promoting and providing incentives for an increase in conservation and energy efficiency. (6) Expanding and promoting additional research and development through new and innovative methods such as public-private partnerships. (7) Enhancing consumer awareness and education regarding methods to increase energy efficiency and available alternative fuel sources to reduce our dependence on Middle Eastern oil.
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113-hres-59
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IV 113th CONGRESS 1st Session H. RES. 59 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Ms. Lee of California (for herself, Mr. McDermott , Ms. Sewell of Alabama , Mr. Himes , Ms. Roybal-Allard , Ms. Castor of Florida , Mr. Watt , Ms. Wasserman Schultz , Mr. Grijalva , Ms. Hahn , Ms. Schwartz , Ms. McCollum , Ms. Slaughter , Mr. Smith of Washington , Mr. Lewis , Ms. Jackson Lee , Ms. Bordallo , Mr. Butterfield , Mr. Cummings , Mrs. Beatty , Ms. Moore , Mr. Conyers , Mr. Clay , Mr. Cicilline , Mrs. Christensen , Mr. Hastings of Florida , Mr. Al Green of Texas , Ms. Eddie Bernice Johnson of Texas , Mr. Johnson of Georgia , Ms. Wilson of Florida , Mr. Richmond , Ms. Frankel of Florida , Ms. Waters , Ms. Fudge , Mr. Bishop of Georgia , Mr. Rush , Mr. Danny K. Davis of Illinois , Mr. Ellison , Ms. Norton , Mr. Jeffries , Mr. Rangel , Mr. Honda , Mr. Serrano , and Ms. Edwards ) submitted the following resolution; which was referred to the Committee on Energy and Commerce RESOLUTION Supporting the goals and ideals of National Black HIV/AIDS Awareness Day.
Whereas the Centers for Disease Control and Prevention (CDC) estimates that in the United States, more than 1,100,000 people are living with HIV, and 21 percent do not know they are infected; Whereas in 2010, approximately 47,129 people were diagnosed with HIV in the United States, about 1 person infected with HIV every 11 minutes; Whereas African-Americans represented 44 percent of all people living with HIV in the United States in 2009; Whereas in 2010, nearly 21,000 African-Americans were diagnosed with HIV/AIDS, contracting HIV at a rate 7.9 times as high as the rate in Whites; Whereas although African-American teenagers (ages 13 to 19) represent only 15 percent of all teenagers in the United States, they accounted for 69 percent of new HIV cases reported among teenagers in 2010; Whereas new HIV infections among African-American men who have sex with men (MSM) ages 13 to 29, increased 48 percent from 2006 through 2009; Whereas young gay men of color bear a disproportionate burden of the epidemic, with the majority of new HIV infections in 2010 occurring among 13- to 24-year-old African-American MSM, accounting for 45 percent of new infections among African-American MSM and 55 percent of all new infections among young MSM; Whereas in 2010, African-American women accounted for 68 percent of new HIV infections among women and had an infection rate that was 20 times higher than that of White women; Whereas among African-American men, the leading transmission category of HIV infection in 2010 was sexual contact with other men, followed by heterosexual contact and intravenous drug use; Whereas in 2008, HIV/AIDS prevalence among men in prisons was 1.4 percent; Whereas in 2010, African-American males were imprisoned at a rate nearly 7 times that of White males; Whereas among African-American women, the leading transmission category of HIV infection is heterosexual contact, followed by intravenous drug use; Whereas the CDC notes that socioeconomic issues impact the rates of HIV infection among African-Americans, and studies have found an association between higher AIDS rates and lower incomes; Whereas African-Americans are diagnosed with AIDS later than their nonminority counterparts, are confronted with barriers in accessing care and treatment, and face higher morbidity and mortality outcomes; Whereas the CDC estimates that among persons whose diagnosis of AIDS had been made during 1997 to 2004, African-Americans had the poorest survival rates of any racial or ethnic group, with 66 percent surviving after 9 years compared with 67 percent of American Indians and Alaska Natives, 74 percent of Hispanics, 75 percent of Whites, and 81 percent of Asians and Pacific Islanders; Whereas approximately 619,400 people have died of AIDS in the United States from the beginning of the HIV/AIDS epidemic through 2012, and African-Americans account for approximately 40 percent of such deaths; Whereas in 2007, HIV was the ninth leading cause of death for all African-Americans, and the third leading cause of death for both African-American men and African-American women between the ages of 35 to 44; Whereas life-saving treatment is also proven prevention, and research shows that antiretroviral drugs can reduce the risk of transmitting HIV/AIDS by up to 96 percent; Whereas the Food and Drug Administration has approved pre-exposure prophylaxis as prevention for people who are HIV-negative; Whereas a sequester that triggers a 5.2-percent reduction across nondefense spending, as part of the Budget Control Act, would result in harmful cuts to programs that would significantly undermine the domestic HIV/AIDS response; Whereas according to amfAR, the Foundation for AIDS Research, and the National Minority AIDS Council (NMAC), such cuts to domestic HIV/AIDS services and research would result in the loss of HIV/AIDS treatment for 6,500 people of color in the AIDS Drug Assistance Program, as well as housing assistance for 1,850 households, and delay the development of life-saving treatment, vaccines, and behavioral interventions; Whereas in 1998, Congress and the Clinton Administration created the National Minority AIDS Initiative to help coordinate funding, build capacity, and provide prevention, care, and treatment services within the African-American, Hispanic, Asian Pacific Islander, and Native American communities; Whereas the National Minority AIDS Initiative assists with leadership development of community-based organizations (CBOs), establishes and links provider networks, builds community prevention infrastructure, promotes technical assistance among CBOs, and raises awareness among African-American communities; Whereas in 2012 the National Association for the Advancement of Colored People (NAACP) released a manual of best practices for faith leaders to mobilize communities, advocate for community support for people infected with and affected by HIV/AIDS, and organize dialogues on HIV/AIDS as a social justice issue as part of The Black Church and HIV: The Social Justice Imperative ; Whereas the first annual National Black HIV/AIDS Awareness Day was organized on February 23, 2001; and Whereas February 7 of each year is now recognized as National Black HIV/AIDS Awareness Day with the slogan “Get Educated! Get Tested! Get Involved! Get Treated!”: Now, therefore, be it
That the House of Representatives— (1) supports the goals and ideals of National Black HIV/AIDS Awareness Day; (2) encourages State and local governments, including their public health agencies, and media organizations to recognize and support such day, to publicize its importance among their communities, and to all encourage individuals, especially African-Americans, to get tested for HIV; (3) commends the work of AIDS service organizations and community and faith-based organizations that are providing effective, evidence-based, prevention, treatment, care, and support services to people living with and vulnerable to HIV/AIDS; (4) supports the implementation of the National HIV/AIDS Strategy and its goals to reduce new HIV infections, increase access to care and improve health outcomes for people living with HIV, reduce HIV-related disparities and health inequities, and achieve a more coordinated national response to the HIV/AIDS epidemic; (5) supports reducing the impact of incarceration as a driver of new HIV infections within the African-American community; (6) supports reducing the number of HIV infections in the African-American community resulting from intravenous drug use; (7) supports effective and comprehensive HIV prevention education programs to promote the early identification of HIV through voluntary routine testing, and to connect those in need to clinically and culturally appropriate care and treatment as early as possible; (8) supports appropriate funding for HIV/AIDS prevention, care, treatment, research, and housing, including community based approaches to fight stigma, discrimination, and homophobia; and (9) encourages a comprehensive prevention and treatment strategy that empowers public health workers, educators, faith leaders, and other stakeholders to engage their communities to help decrease violence, discrimination, and stigma towards individuals who disclose their sexual orientation or HIV status, and normalize voluntary testing practices.
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113-hres-60
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IV 113th CONGRESS 1st Session H. RES. 60 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Ms. Linda T. Sánchez of California (for herself, Ms. Bordallo , Mr. Braley of Iowa , Ms. Brown of Florida , Mr. Cárdenas , Mr. Grijalva , Mr. Langevin , Ms. Lee of California , Mr. Loebsack , Mr. Michaud , Mrs. Negrete McLeod , Mr. Polis , Mr. Rangel , Mr. Scott of Virginia , Ms. Sewell of Alabama , Mr. Takano , and Mr. Yarmuth ) submitted the following resolution; which was referred to the Committee on Education and the Workforce RESOLUTION Expressing support for designation of the week of February 4 through February 8, 2013, as National School Counseling Week .
Whereas the American School Counselor Association has declared the week of February 4 through February 8, 2013, as National School Counseling Week ; Whereas the House of Representatives has recognized the importance of school counseling through the inclusion of elementary and secondary school counseling programs in the last reauthorization of the Elementary and Secondary Education Act of 1965; Whereas school counselors have long advocated that the education system of the United States must provide equitable opportunities for all students; Whereas school counselors have long emphasized the importance of personal and social development in contributing to academic achievement; Whereas school counselors help develop well-rounded students by guiding them through their academic, personal, social, and career development; Whereas school counselors play a vital role in ensuring that students are college and career ready and aware of financial aid and college opportunities; Whereas school counselors may encourage students to pursue challenging academic courses to prepare them for college majors and careers in the science, technology, engineering, and mathematics fields; Whereas school counselors provide support for students whose family members have been deployed to conflicts overseas; Whereas school counselors help students cope with serious and common challenges of growing up, including peer pressure, bullying, mental health issues, school violence, disciplinary problems, and problems in the home; Whereas school counselors are also instrumental in helping students, teachers, and parents cope with trauma and community and national tragedies; Whereas school counselors are among the few professionals in a school building that are trained in both education and mental health; Whereas despite the important contributions of school counselors to student success, counseling positions are not always protected when local budgets are cut, especially in tough economic times; Whereas the average student-to-counselor ratio in America’s public schools, 471-to-1, is almost double the 250-to-1 ratio recommended by the American School Counselor Association, the National Association for College Admission Counseling, and other organizations; Whereas the celebration of National School Counseling Week would increase awareness of the important and necessary role school counselors play in the lives of students in the United States; and Whereas the week of February 4 through February 8, 2013, would be an appropriate week to designate as National School Counseling Week : Now, therefore, be it
That the United States House of Representatives— (1) honors and recognizes the contributions of school counselors to the success of students in our Nation’s elementary and secondary schools; and (2) encourages the people of the United States to observe National School Counseling Week with appropriate ceremonies and activities that promote awareness of the crucial role school counselors play in preparing students for fulfilling lives as contributing members of society.
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113-hres-61
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IV 113th CONGRESS 1st Session H. RES. 61 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Ms. Wilson of Florida (for herself, Ms. Brown of Florida , Mrs. Christensen , Mr. Conyers , Mr. Hastings of Florida , Ms. Norton , Mr. Honda , Ms. Eddie Bernice Johnson of Texas , Mr. Lewis , Mrs. Carolyn B. Maloney of New York , Mr. McGovern , Ms. Moore , Mr. Moran , Ms. Roybal-Allard , Ms. Sewell of Alabama , and Mr. Thompson of Mississippi ) submitted the following resolution; which was referred to the Committee on Foreign Affairs RESOLUTION Expressing the sense of the House of Representatives that the United States should work with the Government of Haiti to address gender-based violence against women and children.
Whereas tens of thousands of women and girls have been victims of sexual or gender-based violence in Haiti, particularly in times of conflict or natural disaster; Whereas women’s rights groups in Haiti have witnessed dramatic increases in rates of sexual violence in many of the displacement camps established after the earthquake; Whereas approximately 50 percent of the victims are adolescent girls under the age of 18, with many of the cases involving the use of weapons, gang rape, and death threats for reporting the crime; Whereas medical providers have reported as many as 20 percent of adolescent victims of sexual violence becoming pregnant as a result of rape; Whereas inadequate financial, human, and technical resources, as well as a lack of forensic and technical expertise, have impeded the arrest and prosecution of suspects; Whereas members of many medical professions are insufficiently trained to attend to the special needs of victims of gender-based violence, whether they be children or adults; Whereas according to data from public interest law firms involved in prosecuting cases of sexual violence, significant gender-based barriers to justice continue to exist at all levels of the Haitian justice system; Whereas members of the police, prosecutors, and judges are insufficiently trained to attend to either the special needs of victims of gender-based violence, or the special needs of those individuals who are victims of other abuses such as forced labor, beatings, or violence; Whereas the special police unit to address gender-based violence within the Haitian National Police remains significantly under-resourced, rendering it practically ineffective to carry out its mandate; Whereas few mechanisms exist in Haiti to protect the rights of young children not living at home, such as restaveks, who are engaged in forced labor and especially vulnerable to sexual violence; Whereas the lack of physical protection discourages women and girls in Haiti from pursuing prosecution of perpetrators of sexual violence, for fear of reprisal or stigmatization; Whereas rape and other forms of gender-based violence in Haiti threaten the physical and psychological health of both the victims and their families; Whereas an effective, transparent, and impartial judicial system is key to the administration of justice, and the failure to ensure proper investigations and prosecutions undermines the ability to hold perpetrators accountable for their crimes and discourages victims from formally seeking justice; Whereas the Government of Haiti has undertaken efforts to prevent violence against women, as evidenced by its ratification of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women, and other international human rights treaties, and the enactment of laws and the creation of state institutions to promote and protect the rights of women; Whereas the Ministry for the Status of Women and Women’s Rights in Haiti has been working on a comprehensive law that calls for the prevention, punishment, and elimination of violence against women; Whereas the Government of Haiti has been a signatory of the United Nations Convention on the Rights of the Child since December 29, 1994; Whereas the Haitian National Police and the United Nations Mission for Stabilization of Haiti have created special police units to address sexual and other forms of gender-based violence in Haiti; Whereas the United Nations and donor countries, including the United States, continue to play a significant role in post-earthquake stabilization and reconstruction of Haiti; Whereas the United States Agency for International Development (USAID) has prioritized the prevention of, and response to, gender-based violence as a priority in its work across all sectors and as an explicit goal of the new USAID Gender Equality and Female Empowerment Policy; Whereas USAID and the United States Department of State have been directed by Executive order of the President to implement a new interagency United States Strategy To Prevent and Respond to Gender-Based Violence Globally; Whereas in March 2009, the Inter-American Commission on Human Rights issued a report recognizing Haiti’s history of gender discrimination that fuels gender-based violence and gives rise to a climate of impunity; and Whereas in December 2010, the Inter-American Commission detailed steps the Government of Haiti must take to protect women and girls from increased risk of gender-based violence in post-earthquake Haiti: Now, therefore, be it
That the House of Representatives— (1) sympathizes with the families of women and children victimized by sexual and other forms of gender-based violence in Haiti; (2) urges the treatment of the issue of violence against women and children as a priority for the United States Government’s humanitarian and reconstruction efforts in Haiti; (3) recognizes that the problem of gender-based violence is a surmountable one; (4) affirms that prioritizing economic opportunities for Haitian women that enable them to lift themselves and their families out of poverty is a cost-effective way to help reduce gender-based violence; (5) recognizes the urgent opportunity to implement the new United States Agency for International Development (USAID) Gender Equality and Female Empowerment Policy and United States Strategy To Prevent and Respond to Gender-Based Violence Globally and on the ground in Haiti; (6) asserts its support for the passage of Haiti’s first comprehensive law on the prevention, punishment, and elimination of all forms of gender-based violence; (7) calls on the Government of Haiti to establish urgent plans that address the needs of vulnerable and unprotected children who are in situations of sexual exploitation, forced labor, or face sexual and domestic violence, and to take steps to immediately implement those plans, in consultation with grassroots organizations working specifically on the protection and promotion of the rights of children; (8) calls on the Government of Haiti to take steps to implement the recommendations of the Inter-American Commission on Human Rights issued in response to increased levels of sexual violence in camps for internally displaced persons on December 22, 2010, including— (A) ensuring participation and leadership of grassroots women’s groups in planning and implementing policies and practices to combat and prevent sexual violence and other forms of violence in the camps; (B) ensuring provision of comprehensive, affordable, adequate, and appropriate medical and psychological care in locations accessible to victims of sexual violence in camps for those internally displaced; (C) implementing effective security measures in displacement camps, such as providing street lighting, adequate patrolling in and around the camps, and a greater number of female security forces in police patrols in the camps and in police stations in proximity to the camps; (D) ensuring that public officials, such as police officers, prosecutors, and judges, responsible for responding to incidents of sexual violence receive specialized training from experienced Haitian and international women’s organizations with a proven track record in gender-sensitive protection enabling them to respond adequately to complaints of sexual violence with appropriate sensitivity and in a nondiscriminatory manner; and (E) maintaining effective special units within the police and the prosecutor’s office investigating cases of rape and other forms of violence against women and girls; (9) asserts its commitment to support the Haitian Ministry of Women’s Affairs in its efforts to— (A) build ministry capacity and facilitate gender-based violence subcluster meetings and initiatives as it transitions over to the Government of Haiti; (B) perform decentralized meetings, consultations, and outreach to women’s movements and community groups; (C) address issues of gender-based violence country-wide, including violence in internally displaced person camps, rural communities, and among children; and (D) strengthen gender assessments, gender budgets, and gender planning in collaboration with other Haitian Ministries, the Haitian Parliament, the Haitian Administration, the United Nations, the Inter-American Commission on Human Rights, donors, and international nongovernmental organizations within the reconstruction process; and (10) asserts its support for the Government of Haiti, especially the Ministry of Women’s Affairs, in its efforts to assess, amend, and renew its 5-year gender protection plan, which expired in October 2011, which includes support for the Haitian Government in its efforts to accomplish the following— (A) thoroughly assess the impact of the previous 5-year protection plan, including both pre- and post-earthquake analyses and perform diversified assessments in consultation with local, regional, and national women’s groups throughout the country, that will help gather decentralized data in both urban and rural zones; (B) perform specialized surveys and interviews in a significant sampling of internally displaced person camps and impoverished neighborhoods with high rates of gender-based violence with victims of rape and violence, the community groups that support them, and local officials in order to fully understand the needs and recommendations of these different populations and integrate these findings into a revised protection plan; (C) revise the existing Haitian protection plan based on the results of diversified and decentralized assessments and in direct consultation with national, regional, and local government officials and grassroots organizations, including women’s groups and international institutions that focus on solutions to gender-based violence; and (D) work with the Haitian Parliament and the Haitian Administration to amend, reintroduce, and pass into law a revised Haiti gender protection plan that reflects current post-earthquake realities, including the needs and recommendations of victims of gender-based violence and the community groups that support them, integrates provisions for judicial and medical services for gender-based violence victims, and reflects key findings of decentralized assessments in both urban and rural zones.
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IV 113th CONGRESS 1st Session H. RES. 62 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Smith of New Jersey submitted the following resolution; which was referred to the Committee on Foreign Affairs RESOLUTION Expressing the sense of the House of Representatives that the Secretary of State should seek to amend Article 22 of the Statute of the International Court of Justice to move the seat of the Court from the Netherlands.
Whereas according to the International Labor Organization, nearly 21,000,000 men, women, and children are enslaved in human trafficking worldwide at any given time, including 4,500,000 in sexual exploitation; Whereas the majority of trafficking victims are enslaved in countries with laws in statute prohibiting human trafficking; Whereas the rule of law, or fair implementation of the law over all to whom the law applies, is essential to securing justice for victims of human trafficking; Whereas no government official should be above application of and adherence to the rule of law, including laws prohibiting human trafficking; Whereas government officials who benefit from or otherwise participate in human trafficking are obstacles to rescuing victims and prosecuting traffickers pursuant to the law; Whereas Joris Demmink, the Secretary General of the Ministry of Justice in the Netherlands from 2002 to 2012 and the Director General for International Affairs and Immigration in the Netherlands from 1993 to 2002, has been accused by Mr. Osman of rape in Edirne, Turkey, in or about 1997 when Mr. Osman was 14 years old; Whereas Mr. Demmink, has been accused by Mr. Mustafa of rape in Istanbul, Turkey, in or about 1995, when Mr. Mustafa was 12 or 13 years old; Whereas Mr. Demmink has been accused by Mr. Yasin of rape in Bodrum, Turkey, in or about 1995, when Mr. Yasin was an adolescent; Whereas Necdet Menzir, Chief of the Istanbul Police Department in the 1990s and former Minister of Transport, affirms that Mr. Demmink visited Turkey numerous times between 1995 and 2000 using a variety of aliases on official and private visits to conduct research on his work responsibilities related to Turkey; Whereas Officer Mehmet Korkmaz, a Turkish police officer in Istanbul from 1995 to 1997, has stated that he was responsible for Mr. Demmink’s security on three of Mr. Demmink’s alleged visits, and that he brought Mustafa, at that time a street child, as well as other children to Mr. Demmink for Mr. Demmink to sexually abuse; Whereas Turkish security officer Hüseyin Celebi reported to Chief of the General Staff, the Chief of Police, the Attorney-General of the Supreme Council and the Ministry of Justice in Turkey in January 2007 that Mr. Demmink visited Turkey every year between 1995 and 2003, using aliases and attempting to hide his presence in Turkey; Whereas a participant at the March 1998 K4 Committee meeting in Ankara, Turkey, has come forward to affirm that Mr. Demmink was also present at the meeting in Turkey in 1998; Whereas a participant at the July 1996 INTERPOL meeting in Antalya, Turkey, has come forward to affirm that Mr. Demmink was also present at the meeting in Turkey in 1996; Whereas Mr. Demmink has officially denied ever visiting Turkey in the 1990s; Whereas Mr. Demmink’s travel records from 1997 to 2000 were allegedly destroyed, according to the Dutch Ministry of the Interior and Kingdom Relations, Directorate-General for Immigration Affairs; Whereas in an October 3, 2012, letter from the Minister of Security and Justice, I.W. Opstelten, to the House of Representatives of the States General of the Netherlands, Opstelten indicates that the Netherlands has repeatedly decided against a formal investigation into the allegations against Mr. Demmink; Whereas without the authority of a formal investigation, the prosecutors lack powers for adequate research or travel to Turkey to interview victims and witnesses; Whereas the Netherlands has not interviewed alleged victims Mr. Mustafa and Mr. Yasin; Whereas the Netherlands dismissed the statement of Mr. Osman without explanation or opportunity for the alleged victim to clarify his statement; Whereas the Netherlands has not interviewed any of the five additional government or former government witnesses; Whereas Mr. Mustafa and Mr. Osman have pursued every legal option available to secure justice in the Netherlands; Whereas Mr. Mustafa and Mr. Osman have reported threats against their lives and safety and that of their families in Turkey; Whereas Mr. Mustafa and Mr. Osman have gone into hiding in order to protect their safety while they seek redress through the justice systems of the Netherlands and Turkey; Whereas Mr. Osman was reportedly beaten and suffered broken facial bones after leaving an attorney’s office in Turkey in November 2012; Whereas journalist Burhan Kazmali, who researched and reported on the alleged victims’ story, was reportedly knocked unconscious on the street in Yalova, Turkey, in December 2012, after he refused to disclose Mr. Mustafa’s address; Whereas Mr. Demmink’s position as the Secretary General of the Ministry of Justice from 2002 to 2012, during the time the alleged victims have been pursuing an investigation and criminal charges in the Dutch courts creates a heightened duty for the Netherlands to thoroughly investigate the charges and avoid the appearance that Mr. Demmink is above the rule of law or is otherwise obstructing justice by virtue of his position; Whereas the United States Department of State Trafficking in Persons Report for 2012 indicates that, although the law in the Netherlands prescribes maximum sentences ranging from 8 to 18 years imprisonment for individuals convicted of human trafficking, convicted traffickers on average receive a sentence of less than two years in jail, and typically serve little more than 1 year of the sentence in jail; Whereas the Dutch State Secretary of Justice, Fred Teeven, a lead prosecutor in a child sex trafficking investigation in 1998 which implicated high-ranking representatives of the Dutch government, stated under oath in a closed court hearing in the District Court of the Hague in the case of Paul H./OM (09/754023–06) that the 1998 child sex trafficking investigation was blocked and that it has never led to the prosecution of the suspects because of certain contra-actions; Whereas the international community in 1946 designated The Hague, Netherlands, as the seat of the International Court of Justice; Whereas the International Court of Justice is the principal judicial organ of the United Nations to promote the rule of law between nations; Whereas the inexplicable refusal of the Netherlands to formally investigate the serious allegations against the former Secretary General of the Ministry of Justice, Mr. Demmink, brings into question the rule of law in the Netherlands; and Whereas the credibility of the International Court of Justice is undermined by its current location in The Hague, Netherlands: Now, therefore, be it
That it is the sense of the House of Representatives that the Secretary of State should take the appropriate steps in the United Nations to amend Article 22 of the Statute of the International Court of Justice to move the seat of the court from the Netherlands to a more appropriate venue.
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IV 113th CONGRESS 1st Session H. RES. 63 IN THE HOUSE OF REPRESENTATIVES February 12, 2013 Mr. Andrews submitted the following resolution; which was referred to the Committee on Oversight and Government Reform RESOLUTION Expressing support for designation of the first Saturday in October as National Animal Rescue Day/Winslow’s Day to create awareness, educate humans of the importance of adoption, and create a humane environment for any pet, including the importance of spaying and neutering of animals, and the encouragement of animal adoptions throughout the United States.
Whereas between 6,000,000 to 8,000,000 cats and dogs are placed into shelters every year and between 3,000,000 and 4,000,000 are euthanized; Whereas the United States has suffered a drastic economic crisis that has left animals behind in abandoned homes to die or left on the doorsteps of overpopulated shelters and rescues; Whereas a greater awareness of dog fighting and abuse encourages these animals to be put to sleep or left for shelters or rescues to rehabilitate them; Whereas there are between 4,000 to 6,000 animal shelters throughout the United States in need of pet supplies, medical supplies, blankets and towels, cleaning supplies, food, and educational materials about owning a pet, as well as information on how to screen unqualified applicants and provide the best pet match for a family; Whereas increased knowledge and awareness of animal rescue programs throughout the United States will significantly reduce the number of cats and dogs euthanized and reduce the number of animals returned to a shelter who have been rescued; Whereas a National Animal Rescue Day/Winslow’s Day will reduce the problem of pet overpopulation, provide animals with good homes, and create awareness as well as financial and educational resources for the problems animal shelters face each day; Whereas a National Animal Rescue Day/Winslow’s Day would encourage homes for harmless animals like Winslow, a Basset Hound who spent his first 8 months of life starved and confined in a cage so small that his rear legs were unable to fully develop and then was placed in multiple shelters before being adopted into a loving home; and Whereas the first Saturday in October would be an appropriate day to designate as “National Animal Rescue Day/Winslow’s Day” and celebrate it through events, festivals, or Pawtograph signings which will increase revenues for shelters and pet adoptions: Now, therefore, be it
That the House of Representatives supports the designation of a “National Animal Rescue Day/Winslow’s Day” to create awareness for animal rescue programs throughout the year and address the challenge of overpopulation through continued spaying and neutering.
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IV 113th CONGRESS 1st Session H. RES. 64 In the House of Representatives, U. S., February 13, 2013 RESOLUTION Electing Members to certain standing committees of the House of Representatives.
That the following named Members be, and are hereby, elected to the following standing committees of the House of Representatives: Committee on Agriculture: Mr. Garamendi. Committee on the Budget: Mr. Blumenauer (to rank immediately after Mr. Cárdenas). Committee on Oversight and Government Reform: Mr. Welch (to rank immediately after Mr. Danny K. Davis of Illinois).
Karen L. Haas, Clerk.
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IV 113th CONGRESS 1st Session H. RES. 65 In the House of Representatives, U. S., February 15, 2013 RESOLUTION Condemning the Government of North Korea for its flagrant and repeated violations of multiple United Nations Security Council resolutions, for its repeated provocations that threaten international peace and stability, and for its February 12, 2013, test of a nuclear device.
Whereas, on February 12, 2013, North Korea exploded a nuclear device; Whereas reports indicate that the nuclear test was apparently more powerful than North Korea’s previous tests in 2006 and 2009; Whereas North Korea’s nuclear test, and its recent ballistic missile test, are violations of United Nations Security Council Resolution 1695 (2006), Resolution 1718 (2006), Resolution 1874 (2009), and Resolution 2087 (2013); Whereas North Korea’s ballistic missile program poses a threat to United States allies and interests in the Asia Pacific region; Whereas North Korea’s ballistic missile program has demonstrated an increasing ability to reach the United States, and could constitute a grave threat to the security of the American people; Whereas North Korea has violated the July 27, 1953, Armistice Agreement that ended the Korean War, and has since committed unprovoked acts of war against South Korea by sinking the warship Cheonan, killing 46 of her crew, and by attacking civilian targets on the island of Yeongpyeong, killing four residents, among many other willful violations and outrages; Whereas the Government of North Korea has been implicated repeatedly in the illicit laundering of monetary instruments, in international narcotics trafficking, and in the counterfeiting of United States currency and intellectual property; Whereas North Korea has demonstrated a willingness and ability to proliferate its ballistic and nuclear technology to a variety of countries, including Iran and Syria, both United States designated state sponsors of terrorism; Whereas the Government of North Korea commits gross human rights violations against the North Korean people, including maintaining a system of gulags that imprison thousands of citizens, and policies that have resulted in starvation deaths of over 2,000,000 people; and Whereas the Government of North Korea has repeatedly violated its commitments to the complete, verifiable, and irreversible dismantlement of its nuclear weapons program, including the Agreed Framework of 1994, the Joint Statement of September 19, 2005, and the agreement of February 13, 2007: Now, therefore, be it
That the House of Representatives— (1) condemns the Government of North Korea for its flagrant and repeated violations of multiple United Nations Security Council resolutions, for its repeated provocations that threaten international peace and stability, and for its February 12, 2013, test of a nuclear device; (2) expresses solidarity with the people of North Korea who suffer severe oppression, denial of basic human rights and political liberties, and material deprivation; (3) reaffirms the commitment of the United States to its alliances with Japan and South Korea, which are critical for the preservation of peace and stability in Northeast Asia and throughout the region; (4) calls upon the People’s Republic of China, North Korea’s closest ally and trading partner, to pressure North Korean leaders to curtail their provocative behavior, abandon and dismantle their nuclear and missile programs through the curtailing of vital economic support and trade to North Korea that support the Government of North Korea, and comply with all relevant international agreements and United Nations Security Council and International Atomic Energy Agency resolutions; (5) calls on the People’s Republic of China to take immediate actions to prevent the transshipment of illicit technology, military equipment, and dual-use items through its territory, waters, and airspace that could be used in North Korea’s nuclear weapons and ballistic missile programs; and (6) calls on the United States Government— (A) to apply all available sanctions on North Korea, cooperate with United States allies and other countries to impose additional sanctions on North Korea, and secure a new United Nations Security Council resolution imposing stronger sanctions; (B) to utilize aggressively the range of available legal authorities and resources to defend United States interests against North Korean illicit activities; and (C) to support the President’s commitment to strengthen the United States ballistic missile defense system to protect the United States.
Karen L. Haas, Clerk.
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IV 113th CONGRESS 1st Session H. RES. 66 In the House of Representatives, U. S., February 14, 2013 RESOLUTION Providing for consideration of the bill (H.R. 273) to eliminate the 2013 statutory pay adjustment for Federal employees, and for other purposes.
That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 273) to eliminate the 2013 statutory pay adjustment for Federal employees. All points of order against consideration of the bill are waived. The bill shall be considered as read. All points of order against provisions in the bill are waived. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Oversight and Government Reform; and (2) one motion to recommit. 2. During any recess or adjournment of not more than three days, if in the opinion of the Speaker the public interest so warrants, then the Speaker or his designee, after consultation with the Minority Leader, may reconvene the House at a time other than that previously appointed, within the limits of clause 4, section 5, article I of the Constitution, and notify Members accordingly. 3. It shall be in order at any time through the legislative day of February 15, 2013, for the Speaker to entertain motions that the House suspend the rules, as though under clause 1 of rule XV, relating to a measure condemning the government of North Korea and its February 12, 2013, test of a nuclear device. 4. On any legislative day during the period from February 16, 2013, through February 22, 2013— (a) the Journal of the proceedings of the previous day shall be considered as approved; and (b) the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment. 5. The Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 4 of this resolution as though under clause 8(a) of rule I.
Karen L. Haas, Clerk.
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IV 113th CONGRESS 1st Session H. RES. 67 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mrs. Christensen submitted the following resolution; which was referred to the Committee on Natural Resources RESOLUTION Expressing the need to raise awareness and promote capacity building to strategically address the lionfish invasion in the Atlantic Ocean.
Whereas two species of venomous lionfish, the red lionfish (Pterois volitans) and devil firefish (Pterois miles), were likely introduced into the Atlantic Ocean via the United States aquarium trade in the 1980s; Whereas lionfish are now established throughout the coastal southeastern United States, the Caribbean, and many regions of the Gulf of Mexico; Whereas lionfish may live for decades in high densities and reproduce at an alarming rate by spawning over 2,000,000 eggs per year per female; Whereas lionfish inhabit most coastal marine reef habitats up to 1,000 feet deep; Whereas in the Atlantic Ocean, lionfish consume over 50 species of fish, some of which are commercially, recreationally, and ecologically important; Whereas lionfish may impact species of concern such as the Nassau grouper and Warsaw grouper, speckled hind, striped croaker, and key silverside; Whereas the economic impacts of lionfish may include hindering stock rebuilding efforts for commercially and recreationally important species; Whereas economic losses for fishermen from lionfish may include loss of fishing days when painful envenomation occurs and reduced catches of some commercial species; Whereas predation on herbivores by lionfish can result in cascading impacts such as increased macroalgae and decreased coral biomass which would threaten ecosystem integrity and ecosystem services provided by coral reef ecosystems; Whereas lionfish may impact Atlantic Ocean biodiversity by consuming fish species critical to maintaining healthy and viable coral reef and hard-bottom ecosystems; Whereas interactions with other reef stressors such as ocean acidification, warming temperatures, and other factors could exacerbate lionfish impacts; Whereas the destruction of coral reefs and increased human health hazards from lionfish may have devastating impacts on the tourism industry, which is critical to the economies of coastal communities; Whereas current technology suggests lionfish eradication at the regional scale is likely not feasible given the expansive depths and geography of lionfish habitat; Whereas control plans that support sustained removals of lionfish can significantly reduce local lionfish densities; and Whereas tools for local lionfish control in some communities may include commercial harvesting as a food fish, harvesting juveniles for the aquarium trade, sport tournaments, and citizen-based removal programs: Now, therefore, be it
That the House of Representatives— (1) urges development of a comprehensive, scientifically based, region-wide strategy to address the lionfish invasion in the Atlantic Ocean, that includes actions such as local management plans and international partnerships; (2) supports scientific research and capacity building to develop and implement responses to the lionfish invasion; and (3) encourages raising public awareness about the lionfish invasion across the United States and its territories, especially in coastal communities, through outreach and education.
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IV 113th CONGRESS 1st Session H. RES. 68 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mrs. Christensen submitted the following resolution; which was referred to the Committee on Natural Resources RESOLUTION Expressing support for the goals and ideals of National Marine Awareness Day.
Whereas the ocean covers 71 percent of the Earth’s surface and contains 97 percent of the planet’s water; Whereas the marine environment supports the life of nearly 50 percent of all species on Earth and helps sustain that life by providing 20 percent of the animal protein and five percent of the total protein in the human diet; Whereas coastal habitats account for approximately 1/3 of all marine biological productivity, estuarine ecosystems are among the most productive regions on the planet, and coral reefs shelter the highest levels of marine diversity in the world; Whereas coral reef ecosystems are a source of food for millions of people; protect coastlines from storms and erosion; provide habitat and spawning and nursery grounds for economically important fish species; provide jobs and income to local economies from fishing, recreation, and tourism; are a source of new medicines; and are hotspots of marine biodiversity; Whereas it is difficult to put a dollar value on some of the benefits the world’s marine ecosystems provide, but a recent estimate states that the total net benefit of coral reef ecosystems alone to be $30,000,000,000 per year; Whereas one of every six jobs in the United States is marine-related and over one-third of the United States gross national product originates in coastal areas; Whereas 80 percent of the United States Virgin Islands’ gross domestic product and employment are based on marine-related tourism; Whereas the economy and cultural heritage of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and coastal states across the continental United States are significantly reliant on the tremendous ecosystem services that the ocean provides; Whereas human-dominated marine ecosystems are experiencing accelerating loss of populations and species with largely unknown consequences, overall rates of resource collapse have increased, and recovery potential, stability, and water quality have decreased exponentially with declining diversity; Whereas the ocean has absorbed a significant portion of all carbon dioxide emissions, causing unprecedented changes to ocean chemistry affecting marine organisms that use carbonate to build shells or skeletons; Whereas large quantities of human-generated trash enters the marine environment as marine debris and causes a decrease in water quality, death and morbidity for marine mammals, depletion of valuable fisheries, and decreased tourism revenue; Whereas human-induced pressures such as pollution, degradation of water quality, harmful fishing practices, and a changing climate are adversely affecting our precious marine resources; Whereas coral reefs, seabirds, marine mammals, fisheries, and tourism will be severely impacted by the Deepwater Horizon oil spill; Whereas marine biodiversity loss is increasingly impairing the ocean’s capacity to function effectively as a system, or to provide food, maintain water quality, and recover from perturbations, yet available data suggest that at this point these trends are still reversible and the restoration of marine ecosystem biodiversity has shown to increase system productivity by fourfold; Whereas the United States has had a longstanding commitment to the preservation and conservation of the marine environment, as demonstrated through the passage and implementation of numerous laws including the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ), the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ), the Coral Reef Conservation Act of 2000 ( 16 U.S.C. 6401 et seq. ), and other statutes; and Whereas the eighth day of June of each year is the appropriate day for designation as National Marine Awareness Day: Now, therefore, be it
That the House of Representatives— (1) celebrates the diversity of marine fisheries and wildlife and the natural beauty and biological richness that marine ecosystems provide; (2) supports the goals and ideals of National Marine Awareness Day; and (3) calls upon the people of the United States to observe such a day with appropriate ceremonies, programs, and activities.
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IV 113th CONGRESS 1st Session H. RES. 69 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Payne (for himself, Ms. McCollum , Mr. Meeks , Mr. Rangel , Mrs. Christensen , Ms. Norton , Mr. Danny K. Davis of Illinois , Mr. Moran , Mr. Dent , Mr. Cummings , Mrs. Beatty , Ms. Lee of California , Mr. Connolly , Ms. Bordallo , Ms. Moore , Mr. George Miller of California , Mr. Holt , Mr. Fitzpatrick , Mr. Andrews , Mr. Coble , Mrs. Napolitano , Mr. Pascrell , Mr. King of New York , Mr. Sires , Mr. Cooper , Mr. Runyan , Mrs. Negrete McLeod , Mr. Pallone , Mr. Levin , Mr. LoBiondo , Mr. Lance , Mr. Lewis , Mr. Carson of Indiana , Mr. McGovern , Mr. Bishop of Georgia , Mr. Farr , Mr. Thompson of Pennsylvania , Mr. Doyle , Mr. Garrett , Mr. Conyers , Mr. Rush , Ms. Fudge , Mr. Frelinghuysen , Mr. Smith of New Jersey , Mr. Takano , Mr. Jeffries , Mr. David Scott of Georgia , Ms. Eddie Bernice Johnson of Texas , Mr. Hastings of Florida , Mr. Butterfield , Ms. Clarke , Mr. Al Green of Texas , Mr. Ellison , Ms. Sewell of Alabama , Ms. Wilson of Florida , Ms. Waters , Ms. Edwards , Mr. Richmond , Mr. Cleaver , Mr. Clyburn , Mr. Thompson of Mississippi , Ms. Brown of Florida , Mr. Veasey , and Mr. Horsford ) submitted the following resolution; which was referred to the Committee on Oversight and Government Reform RESOLUTION Supporting the designation of March 2013, as National Colorectal Cancer Awareness Month.
Whereas colorectal cancer is the second leading cause of cancer death among men and women in the United States, killing more non-smokers than any other cancer; Whereas every year it is estimated that more than 135,000 individuals in the United States are diagnosed with colorectal cancer and more than 50,000 individuals die from the disease; Whereas colorectal cancer is one of the most highly preventable forms of cancer because screening tests can find polyps that can be removed before becoming cancerous; Whereas screening tests can detect colorectal cancer early, when treatment works best; Whereas the Centers for Disease Control and Prevention estimates that if every individual aged 50 or older had regular screening tests, as many as 60 percent of deaths from colorectal cancer could be prevented; Whereas the 5-year survival rate for patients with localized colorectal cancer is 90 percent, but only 39 percent of all diagnoses occur at this stage; Whereas colorectal cancer screenings can effectively reduce colorectal cancer incidence and mortality, yet, 1 in 3 adults between the ages of 50 and 75 are not up to date with recommended colorectal cancer screening; Whereas public awareness and education campaigns on colorectal cancer prevention, screening, and symptoms are held during the month of March each year; and Whereas educational efforts can help provide information to the public of methods of prevention and screening, as well as about symptoms for early detection: Now, therefore, be it
That the House of Representatives— (1) supports the goals and ideals of National Colorectal Cancer Awareness Month; and (2) encourages the President to issue a proclamation calling upon the people of the United States to observe the month with appropriate awareness and educational activities.
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IV 113th CONGRESS 1st Session H. RES. 70 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Huelskamp submitted the following resolution; which was referred to the Committee on Education and the Workforce RESOLUTION Recognizing the 150th anniversary of Kansas State University.
Whereas Kansas State University was established by the Territory of Kansas on February 9, 1858, as the Bluemont Central College Association in response to the State’s desire to provide higher education opportunities to farm families and the working class in Kansas; Whereas, on February 3, 1863, Kansas became one of the first States in the Nation to accept the terms and conditions of the First Morrill Act creating the land-grant system of colleges and universities; Whereas the Kansas State Agricultural College, today Kansas State University, received Kansas’ land-grant charter on February 16, 1863, making it the first operational land-grant institution in the Nation; Whereas some of the most important technological advancements of the modern world were the result of research at Kansas State University, including the invention of the snooze alarm, the space pen, and discovering the weather phenomenon El Niño; Whereas Kansas State University became the first university to offer printing courses, which led to journalism courses and eventually to the A.Q. Miller School of Journalism and Mass Communications; Whereas Kansas State University helped pioneer the academic teaching of home economics for women becoming one of the first of two colleges to offer the program of study; Whereas Kansas State University has expanded to campuses in Olathe and Salina, and its Research and Extension program has strong presence throughout the State; Whereas Kansas State University also has international offices in Australia, Vietnam, China, and India; Whereas students attending Kansas State University come from all 50 States and 90 countries; Whereas Kansas State University is a national leader among public universities in Rhodes, Truman, Marshall, Udall, and Goldwater scholars; Whereas Kansas State University’s football team’s first game was played on Thanksgiving Day in 1893; Whereas the Kansas State University basketball team first played in 1902; Whereas Kansas State University intercollegiate athletics compete in the Big XII Conference; Whereas more than 165,404 degrees have been awarded by Kansas State University and its graduates include heads of state, leaders of industry, great humanitarians, and gifted scientists whose work has improved the quality for life for people worldwide; Whereas more than 200,000 alumni are proud to call Kansas State University their alma mater; and Whereas Kansas State University’s commitment to education is unparalleled, and its history and stature are secured by the superlative caliber of its educational professionals and the students they inspire: Now, therefore, be it
That the House of Representatives— (1) congratulates Kansas State University for 150 years of outstanding service to the State of Kansas, the United States, and the world in fulfilling its mission as a land-grant university; and (2) thanks the State of Kansas for its visionary leadership in the beginning of the land-grant movement in the United States.
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IV 113th CONGRESS 1st Session H. RES. 71 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Loebsack (for himself, Mr. Jordan , Mr. Walz , Mr. Braley of Iowa , Mr. King of Iowa , and Mr. Latham ) submitted the following resolution; which was referred to the Committee on Foreign Affairs RESOLUTION Opposing the International Olympic Committee’s decision to eliminate wrestling from the Summer Olympic Games beginning in 2020.
Whereas wrestling is recognized as one of the world’s oldest competitive sports dating back to 3000 BC; Whereas wrestling was one of the original sports of the ancient Greek Olympic Games and of the first modern Olympic Games; Whereas wrestling is one of the world’s most diverse sports, with participants from almost 200 countries around the world; Whereas over 280,000 high school students in the United States participated in wrestling in 2012; Whereas there are over 300 intercollegiate wrestling programs in the United States; Whereas wrestling represents the determination and hard work it takes to succeed in life and sport; Whereas the United States has a long, proud, and storied Olympic wrestling history; and Whereas wrestling epitomizes the spirit of the Olympic Games: Now, therefore, be it
That the House of Representatives— (1) opposes the decision of the International Olympic Committee to eliminate wrestling from the Summer Olympic Games beginning in 2020; (2) thanks the United States Olympic Committee for their continued support of wrestling and encourages them to work actively to reverse this decision; and (3) urges the International Olympic Committee to reinstate wrestling as a core sport of the Summer Olympic Games.
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IV 113th CONGRESS 1st Session H. RES. 72 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Gerlach (for himself and Mr. Nunes ) submitted the following resolution; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Energy and Commerce , 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 RESOLUTION Supporting the goals and ideals of the Secondary School Student Athletes’ Bill of Rights.
Whereas over 7,700,000 student athletes participated in secondary school athletics during the 2011 to 2012 academic year; Whereas it is estimated that over the course of the 2011 to 2012 academic year, secondary school student athletes participating in 9 of the most popular high school sports, including football, boys’ and girls’ soccer, girls’ volleyball, boys’ and girls’ basketball, wrestling, baseball, and softball, suffered over 1,300,000 instances of injury; Whereas 22 percent of injuries suffered by secondary school student athletes during the 2011 to 2012 academic year were concussions; Whereas the number of concussion injuries has steadily increased from 9 percent of total injuries incurred during the 2005 to 2006 academic year to nearly 25 percent of all injuries experienced by student athletes during the 2011 to 2012 academic year; Whereas secondary school student athletes with access to certified athletic health care professionals have lower overall injury rates, lower recurrent injury rates, and lower concussion rates than student athletes without access to certified athletic health care professionals; Whereas with an increase in both the exposure of secondary school students to athletics and incidents of athletic-related injuries, schools are encouraged to develop and adopt best practices and standards to prevent and address student athlete injury; Whereas the Secondary School Student Athletes’ Bill of Rights sets forth that secondary school student athletes have the right to— (1) be coached by individuals who are well-trained in sport-specific safety and to be monitored by athletic health care team members; (2) quality, regular pre-participation examinations and each athlete has the right to participate under a comprehensive concussion management plan; (3) participate in sporting activities on safe, clean playing surfaces, in both indoor and outdoor facilities; (4) utilize equipment and uniforms that are safe, fitted appropriately, and routinely maintained, and to appropriate personnel trained in proper removal of equipment in case of injury; (5) participate safely in all environmental conditions where play follows approved guidelines and medical policies and procedures, with a hydration plan in place; (6) a safe playing environment with venue-specific emergency action plans that are coordinated by the athletic health care team and regularly rehearsed with local emergency personnel; (7) privacy of health information and proper referral for medical, psychosocial, and nutritional counseling; (8) participate in a culture that finds playing through pain unacceptable unless there has been a medical assessment; (9) immediate, on-site injury assessments with decisions made by qualified sports medicine professionals; and (10) along with their parents, the latest information about the benefits and potential risks of participation in competitive sports, including access to statistics on fatalities and catastrophic injuries to youth athletes; and Whereas the Secondary School Student Athletes’ Bill of Rights, which sets forth goals and ideals to improve the health, well-being, and athletic experience of secondary school students, can serve as a valuable resource to reduce injury, promote athlete safety, and encourage well-being: Now, therefore, be it
That the House of Representatives— (1) expresses support for the principles and values set forth in the Secondary School Student Athletes’ Bill of Rights; (2) recognizes the importance of proper safety measures, timely medical assessments, and appropriate environmental conditions in ensuring the health and well-being of secondary school student athletes; (3) recognizes the role that teachers, parents, coaches, and athletic health care team members play in ensuring the safety and well-being of secondary school student athletes; (4) expresses support for secondary schools that have successfully implemented programs, policies, and practices to emphasize and encourage student athlete safety and well-being; and (5) encourages secondary schools to continue to take all available and reasonable efforts to ensure student athlete safety.
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https://www.govinfo.gov/content/pkg/BILLS-113hres72ih/xml/BILLS-113hres72ih.xml
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