115 S1849 IS: Grow American Incomes Now Act of 2017
U.S. Senate
2017-09-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 1849IN THE SENATE OF THE UNITED STATESSeptember 19, 2017Mr. Brown introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to modify the earned income tax credit to account for
			 the amount by which economic growth has outpaced income growth, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Grow American Incomes Now Act of 2017 or the GAIN Act of 2017. 2.Modification of earned income tax credit (a)In general (1)Increase in credit percentageThe table in section 32(b)(1) of the Internal Revenue Code of 1986 is amended—
 (A)by striking 7.65 in the second column (relating to credit percentage) and inserting 30; (B)by striking 7.65 in the third column (relating to phaseout percentage) and inserting 15.98;
 (C)by striking 34 and inserting 65.28; (D)by striking 40 and inserting 76.80; and
 (E)by striking 45 and inserting 86.40. (2)Earned income amount and phaseout amount (A)In generalSubparagraph (A) of section 32(b)(2) of such Code is amended by striking Subject to subparagraph (B), the earned income amount and the phaseout amount and inserting “Subject to subparagraph (B)—

 (i)Phaseout amountThe phaseout amount is $18,340. (ii)Earned income amountThe earned income amount.
 (B)Credit phase-in endsSection 32(b)(2)(A)(ii) of such Code, as amended by subparagraph (A), is further amended by striking the table and inserting the following:
						In the case of anThe earned income eligible individual with:amount is:1 qualifying child$10,0002 or more qualifying children$14,040No qualifying children$10,000..
 (b)Eligibility ageSubclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended by striking 25 and inserting 21.
 (c)Conforming and technical amendmentParagraph (1) of section 32(j) of the Internal Revenue Code of 1986 is amended to read as follows:  (1)In generalIn the case of any taxable year beginning after 2016, each of the dollar amounts in subsections (b)(2) and (i)(1) shall be increased by an amount equal to—
 (A)such dollar amount, multiplied by (B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined—
 (i)in the case of amounts in subsection (b)(2)(A), by substituting calendar year 2016 for calendar year 1992 in subparagraph (B) thereof, and (ii)in the case of amounts in subsection (i)(1), by substituting calendar year 1995 for calendar year 1992 in subparagraph (B) thereof..
 (d)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2016. 3.Advance payment of earned income credit (a)In generalChapter 25 of subtitle C of the Internal Revenue Code of 1986 is amended by inserting after section 3506 the following new section:

					3507.Advance payment of earned income credit
						(a)Advance payment
 (1)In generalAn employer making payment of wages to an employee with respect to whom an eligibility certificate is in effect shall, at the time of paying such wages for the payroll period elected by the employee under paragraph (2), make an additional lump sum payment to such employee equal to the earned income advance amount (except as provided in subsection (b)(1)(C)(ii)) of such employee.
 (2)Payments available after 6 months of employment during calendar yearFor purposes of paragraph (1), an employee with respect to whom an eligibility certificate is in effect for the calendar year may elect to receive the earned income advance amount at the same time as wages for any payroll period which begins after the employee has been paid wages by the employer for a period of not less than 6 months during such calendar year.
							(b)Eligibility certificate
 (1)In generalFor purposes of this section, an eligibility certificate is a statement submitted by an employee to the employer which—
 (A)certifies that the employee is eligible to receive the credit provided by section 32 for the taxable year,
 (B)certifies that the employee does not have an eligibility certificate in effect for the calendar year with respect to the payment of wages by another employer, and
 (C)certifies that— (i)an eligibility certificate has not been in effect for the spouse of the employee on any date during the calendar year, or
 (ii)such a certificate is in effect for the spouse of the employee, and the employee is eligible to receive only 1/2 the earned income advance amount otherwise determined with respect to the employee.
 (2)Employer not responsible for verificationFor purposes of this section, an employer shall not— (A)be required to verify any certification made by an employee in the statement described in paragraph (1), or
 (B)be held liable for any false claims or statements made by an employee in regards to such statement. (c)Earned income advance amount (1)Determination of amount (A)In generalSubject to subparagraph (B), the term earned income advance amount means, with respect to any payroll period, the amount determined—
 (i)on the basis of the wages of the employee from the employer during such calendar year through such payroll period, and
 (ii)in accordance with tables issued by the Secretary. (B)LimitationFor each calendar year, except as provided in subparagraph (C), the earned income advance amount shall not exceed $500.
								(C)Adjustment for inflation
 (i)In generalIn the case of any taxable year beginning after 2019, the $500 amount in subparagraph (B) 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 in which the taxable year begins determined by substituting calendar year 2018 for calendar year 1992 in subparagraph (B) thereof.
 (ii)RoundingIf any increase determined under paragraph (1) is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10.
 (2)Armed ForcesIn the case of an employee who is a member of the Armed Forces of the United States, the earned income advance amount shall be determined by taking into account the total wages of such employee, as determined for purposes of section 32.
 (3)Advance amount tablesFor purposes of paragraph (1)(A)(ii), the tables issued by the Secretary shall be similar in form to the tables issued under section 3402 and, to the extent feasible, coordinated with such tables.
							(d)Payments To be treated as payments of withholding and FICA taxes
 (1)In generalPayments made by an employer under subsection (a) to an employee— (A)shall not be treated as payment of compensation, and
 (B)shall be treated as made out of— (i)amounts required to be deducted and withheld for the payroll period under section 3401,
 (ii)amounts required to be deducted for the payroll period under section 3102, and (iii)amounts of the taxes imposed for the payroll period under section 3111,
									as if the employer had paid to the Secretary, on the day on which the wages are paid to the
 employee, an amount equal to such payments.(2)Advance payments exceed taxes dueIn the case of any employer, if for any payroll period the aggregate amount of earned income advance payments exceeds the sum of the amounts referred to in paragraph (1)(B), the employer shall pay only so much of such earned income advance payment as does not exceed such sum, and shall not make any further advance payments to the employee for the calendar year.
 (3)Failure to make advance paymentsFailure to make any payment of an earned income advance amount as required under this section shall be treated as the failure at such time to deduct and withhold under chapter 24 an amount equal to the earned income advance amount.
							(e)Submission of certificate
 (1)Effective periodAn eligibility certificate submitted to an employer at any time during the calendar year shall continue in effect with respect to the employee during such calendar year until revoked by the employee or until another such certificate takes effect under this section.
 (2)Requirement to revoke certificateIn the case of an employee who has submitted an eligibility certificate under this section and subsequently becomes ineligible for the credit provided under section 32 for the taxable year, the employee shall, not later than 10 days after becoming ineligible for such credit, submit to the employer a revocation of such certificate.
 (3)Form and contents of certificateEligibility certificates shall be in such form and contain such other information as the Secretary may by regulations prescribe.
							(f)Taxpayers making prior fraudulent or reckless claims
 (1)In generalNo earned income advance amount shall be paid under this section for any taxable year in the disallowance period.
 (2)Disallowance periodFor purposes of paragraph (1), the disallowance period is— (A)the period of 10 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of an earned income advance amount under this section was due to fraud, and
 (B)the period of 2 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of an earned income advance amount under this section was due to reckless or intentional disregard of rules and regulations (but not due to fraud).
 (g)Taxable yearThe term taxable year means the last taxable year of the employee under subtitle A beginning in the calendar year in which the wages are paid.
 (h)IRS NotificationThe Internal Revenue Service shall take such steps as may be appropriate to ensure that taxpayers who receive a refund of the credit under section 32 are aware of the availability of earned income advance amounts under this section..
 (b)Coordination with advance paymentsSection 32 of the Internal Revenue Code of 1986 is amended by inserting after subsection (f) the following new subsection:

					(g)Coordination with advance payments of earned income credit
 (1)Recapture of advance paymentsIf any payment is made to the individual by an employer under section 3507 during any calendar year, then the tax imposed by this chapter for the individual's last taxable year beginning in such calendar year shall be increased by the aggregate amount of such payments.
 (2)Reconciliation of payments advanced and credit allowedAny increase in tax under paragraph (1) shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit (other than the credit allowed by subsection (a)) allowable under this part..
 (c)Filing requirementSection 6012(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (8) the following new paragraph:

 (9)Every individual who receives payments during the calendar year in which the taxable year begins under section 3507..
 (d)Receipts for employeesSection 6051(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (6) the following new paragraph:

 (7)the total amount paid to the employee under section 3507 (relating to advance payment of earned income credit),.
 (e)Clerical amendmentThe table of sections for chapter 25 of subtitle C of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 3506 the following new item:
				Sec. 3507. Advance payment of earned income credit..
 (f)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date which is 1 year after the date of the enactment of this Act.


114 HR 4599 : Reducing Unused Medications Act of 2016
U.S. House of Representatives
2016-05-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		114th CONGRESS
		2d Session
		H. R. 4599
		IN THE SENATE OF THE UNITED STATES
		May 12, 2016Received; read twice and referred to the Committee on Health, Education, Labor, and PensionsAN ACT
		To amend the Controlled Substances Act to permit certain partial fillings of prescriptions.

 1.Short titleThis Act may be cited as the Reducing Unused Medications Act of 2016. 2.Partial fills of schedule II controlled substances (a)In generalSection 309 of the Controlled Substances Act (21 U.S.C. 829) is amended by adding at the end the following:

					(f)Partial fills of schedule II controlled substances
						(1)Partial fills
 (A)In generalA prescription for a controlled substance in schedule II may be partially filled if— (i)it is not prohibited by State law;
 (ii)the prescription is written and filled in accordance with the Controlled Substances Act (21 U.S.C. 801 et seq.), regulations prescribed by the Attorney General, and State law;
 (iii)the partial fill is requested by the patient or the practitioner that wrote the prescription; and (iv)the total quantity dispensed in all partial fillings does not exceed the total quantity prescribed.
 (B)Other circumstancesA prescription for a controlled substance in schedule II may be partially filled in accordance with section 1306.13 of title 21, Code of Federal Regulations (as in effect on the date of enactment of the Reducing Unused Medications Act of 2016).
							(2)Remaining portions
 (A)In generalExcept as provided in subparagraph (B), remaining portions of a partially filled prescription for a controlled substance in schedule II—
 (i)may be filled; and (ii)shall be filled not later than 30 days after the date on which the prescription is written.
 (B)Emergency situationsIn emergency situations, as described in subsection (a), the remaining portions of a partially filled prescription for a controlled substance in schedule II—
 (i)may be filled; and (ii)shall be filled not later than 72 hours after the prescription is issued..
 (b)Rule of constructionNothing in this section shall be construed to affect the authority of the Attorney General to allow a prescription for a controlled substance in schedule III, IV, or V of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) to be partially filled.

	Passed the House of Representatives May 11, 2016.Karen L. Haas,Clerk


110 HR 4243 IH: Indian School Construction

U.S. House of Representatives
2007-11-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 4243
		IN THE HOUSE OF REPRESENTATIVES

			November 15, 2007
			Mr. Pomeroy (for
			 himself, Mr. Brady of Texas, and
			 Ms. Herseth Sandlin) introduced the
			 following bill; which was referred to the Committee on Ways and Means, and in
			 addition to the Committees on Education
			 and Labor and 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 provide for the issuance of bonds to provide funding
		  for the construction of schools of the Bureau of Indian Affairs, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Indian School Construction
			 Act.
		2.DefinitionsIn this Act:
			(1)BureauThe
			 term Bureau means the Bureau of Indian Affairs.
			(2)IndianThe
			 term Indian means any individual who is a member of an Indian
			 tribe.
			(3)Indian
			 tribe
				(A)In
			 generalThe term Indian tribe has the meaning given
			 the term Indian tribal government in section 7701(a)(40) of the
			 Internal Revenue Code of 1986 (as modified by section 7871(d) of that
			 Code).
				(B)InclusionThe
			 term Indian tribe includes any consortium of Indian tribes
			 approved by the Secretary.
				(4)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(5)Tribal
			 schoolThe term tribal school means an elementary
			 school, secondary school, or dormitory that—
				(A)is operated by a
			 tribal organization or the Bureau for the education of Indian children;
			 and
				(B)receives financial
			 assistance for the operation of the school or dormitory under an appropriation
			 for the Bureau under a contract, grant, or agreement, or for a Bureau-operated
			 school, under—
					(i)section 102,
			 103(a), or 208 of the Indian Self-Determination
			 and Education Assistance Act (25 U.S.C. 450f, 450h(a), and 458d);
			 or
					(ii)the
			 Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.).
					3.Issuance of
			 bonds
			(a)In
			 generalThe Secretary shall establish a pilot program under which
			 the Secretary shall provide to eligible Indian tribes the authority to issue
			 qualified tribal school modernization bonds to provide funds for the
			 construction, rehabilitation, and repair of tribal schools, including advance
			 planning and design of tribal schools.
			(b)Eligibility
				(1)In
			 generalTo be eligible to issue a qualified tribal school
			 modernization bond under the program under subsection (a), an Indian tribe
			 shall—
					(A)prepare and submit
			 to the Secretary a plan of construction that meets the requirements of
			 paragraph (2);
					(B)provide for
			 quarterly and final inspection by the Bureau of each project to be funded by
			 the bond; and
					(C)ensure that the
			 facilities to be funded by the bond will be used primarily for elementary and
			 secondary educational purposes for the period during which the bond remains
			 outstanding.
					(2)Plan of
			 constructionThe requirements referred to in paragraph (1)(A) are
			 that the plan shall—
					(A)contain a
			 description of the construction to be carried out using funds provided under a
			 qualified tribal school modernization bond;
					(B)demonstrate that a
			 comprehensive survey has been carried out regarding the construction needs of
			 the applicable tribal school;
					(C)contain assurances
			 that funding under the bond will be used only for the activities described in
			 the plan;
					(D)contain a response
			 to the evaluation criteria contained in the document entitled
			 Instructions and Application for Replacement School Construction,
			 Revision 6 and dated February 6, 1999; and
					(E)contain any other
			 reasonable and related information that the Secretary determines to be
			 appropriate.
					(3)PriorityIn
			 determining whether an Indian tribe is eligible to participate in the program
			 under this section, the Secretary shall give priority to Indian tribes that, as
			 demonstrated by the plans of construction of the Indian tribes, will fund
			 projects—
					(A)described in the
			 list of the Bureau entitled Education Facilities Replacement
			 Construction Priorities List as of FY 2004 (69 Fed. Reg. 13870) (or
			 successor regulations); or
					(B)that meet the
			 criteria for ranking schools described in the document entitled
			 Instructions and Application for Replacement School Construction,
			 Revision 6 and dated February 6, 1999.
					(4)Advance planning
			 and design funding
					(A)In
			 generalAn Indian tribe may propose in the plan of construction
			 of the Indian tribe to receive advance planning and design funding from the
			 tribal school modernization escrow account established under subsection
			 (f)(2).
					(B)ConditionsAs
			 a condition of receiving advance planning and design funds under subparagraph
			 (A), an Indian tribe shall agree—
						(i)to
			 issue qualified tribal school modernization bonds after the receipt of the
			 funds; and
						(ii)to
			 deposit into the escrow account or a fund managed by a trustee under subsection
			 (d)(3) an amount equal to the amount of funds received from the escrow
			 account.
						(c)Permissible
			 activitiesIn addition to the use described in subsection (a), an
			 Indian tribe may use amounts received through the issuance of a qualified
			 tribal school modernization bond—
				(1)to enter into, and
			 make payments under, contracts with licensed and bonded architects, engineers,
			 and construction firms—
					(A)to determine the
			 needs of a tribal school; and
					(B)for the design and
			 engineering of a tribal school;
					(2)to enter into, and
			 make payments under, contracts with financial advisors, underwriters,
			 attorneys, trustees, and other professionals to provide assistance to the
			 Indian tribe in issuing the bonds; and
				(3)to carry out other
			 such activities as the Secretary determines to be appropriate.
				(d)Bond
			 trustee
				(1)In
			 generalNotwithstanding any other provision of law, any qualified
			 tribal school modernization bond issued by an Indian tribe under this section
			 shall be subject to a trust agreement between the Indian tribe and a
			 trustee.
				(2)TrusteeAny
			 bank or trust company that meets the requirements established by the Secretary
			 may serve as a trustee for purposes of paragraph (1).
				(3)Content of trust
			 agreementA trust agreement entered into by an Indian tribe under
			 this subsection shall specify that the trustee, with respect to any bond issued
			 under this section, shall—
					(A)act as a
			 repository for the proceeds of the bond;
					(B)make payments to
			 bondholders;
					(C)receive, as a
			 condition to the issuance of the bond, a transfer of funds from the tribal
			 school modernization escrow account under subsection (f)(2), or from other
			 funds furnished by or on behalf of the Indian tribe, in an amount that,
			 together with interest earnings from the investment of the funds in obligations
			 of or fully guaranteed by the United States, or from other investments under
			 subsection (j), will be sufficient to pay timely and in full the entire
			 principal amount of the bond on the stated maturity date of the bond;
					(D)invest the funds
			 received in accordance with subparagraph (C); and
					(E)hold and invest
			 the funds in a segregated fund or account under the agreement, to be used
			 solely to pay the costs of activities described in subsection (c).
					(4)Requirements for
			 making direct payments
					(A)In
			 generalNotwithstanding any other provision of law, the trustee
			 shall make each payment described in paragraph (3)(E) in accordance with such
			 requirements as the Indian tribe may prescribe in the trust agreement under
			 paragraph (3).
					(B)Payments to
			 contractorsAs a condition of making a payment to a contractor
			 under paragraph (3)(E), the trustee shall require an inspection of the project
			 of the contractor, to ensure the completion of the project, by—
						(i)a
			 local financial institution; or
						(ii)an
			 independent inspecting architect or engineer.
						(C)ContractsEach
			 contract under paragraphs (1) and (2) of subsection (c) shall require, or be
			 renegotiated to require, that each payment under the contract shall be made in
			 accordance with this subsection.
					(e)Payments of
			 principal and interest
				(1)Principal
					(A)In
			 generalNo principal payment on any qualified tribal school
			 modernization bond shall be required until the final, stated maturity of the
			 bond.
					(B)Maturity
						(i)In
			 generalThe final, stated maturity of a qualified tribal school
			 modernization bond shall be not later than the date that is 15 years after the
			 date of issuance of the bond.
						(ii)ExpirationOn
			 expiration of a qualified tribal school modernization bond under clause (i),
			 the entire outstanding principal under the bond shall become due and
			 payable.
						(2)InterestIn
			 lieu of interest on a qualified tribal school modernization bond, there shall
			 be provided a tax credit under section 1400U of the Internal Revenue Code of
			 1986.
				(f)Bond
			 guarantees
				(1)In
			 generalPayment of the principal portion of a qualified tribal
			 school modernization bond issued under this section shall be guaranteed solely
			 by amounts deposited with each respective bond trustee as described in
			 subsection (d)(3)(C).
				(2)Escrow
			 account
					(A)In
			 generalThe Secretary may deposit not more than $50,000,000 into
			 a tribal school modernization escrow account.
					(B)Additional
			 amounts
						(i)In
			 generalThe Secretary may accept for transfer into the tribal
			 school modernization escrow account amounts from, as the Secretary determines
			 to be appropriate—
							(I)other Federal
			 departments and agencies (such as amounts made available for facility
			 improvement and repairs);
							(II)non-Federal
			 public or private sources.
							(ii)TreatmentAmounts
			 transferred into the escrow account pursuant to clause (i) shall not reduce the
			 amount eligible to be deposited into the account under subparagraph (A).
						(C)Investment of
			 certain fundsAmounts made available to carry out any project
			 included on the list of the Bureau entitled Education Facilities
			 Replacement Construction Priorities List as of FY 2004 (or successor
			 regulations) (69 Fed. Reg. 13870) shall—
						(i)be
			 invested in accordance with subsection (j); and
						(ii)at
			 the discretion of the Secretary—
							(I)be used to pay any
			 increase in project costs or other facility costs of the project for which the
			 amounts are made available; or
							(II)be deposited into
			 the tribal school modernization escrow account.
							(g)Limitations
				(1)Obligation to
			 repay
					(A)In
			 generalNotwithstanding any other provision of law, the principal
			 amount of any qualified tribal school modernization bond issued under this
			 section shall be repaid only to the extent of any escrowed funds provided under
			 subsection (d)(3)(C).
					(B)TreatmentNo
			 qualified tribal school modernization bond issued by an Indian tribe shall be
			 an obligation of, and no payment of the principal of such a bond shall be
			 guaranteed by, the United States, an Indian tribe, or a tribal school.
					(2)Land and
			 facilitiesNo land or facility purchased or improved using
			 amounts provided under a qualified tribal school modernization bond issued
			 under this section shall be mortgaged or used as collateral for the
			 bond.
				(h)Sale of
			 bondsA qualified tribal school modernization bond may be sold at
			 a purchase price equal to, in excess of, or at a discount from the par amount
			 of the bond.
			(i)Treatment of
			 trust agreement earningsAmounts earned through the investment of
			 funds under the control of a trustee under a trust agreement described in
			 subsection (d) shall not be subject to Federal income tax.
			(j)Investment of
			 sinking fundsAny sinking fund established for the purpose of the
			 payment of principal on a qualified tribal school modernization bond shall be
			 invested in—
				(1)obligations issued
			 or guaranteed by the United States; or
				(2)such other assets
			 as the Secretary of the Treasury may allow, by regulation.
				4.Expansion of
			 incentives for tribal schoolsChapter 1 of the Internal Revenue Code of
			 1986 is amended by adding at the end the following new subchapter:

				ZTribal school
				modernization provisions

						Sec. 1400U. Credit to holders of
				  qualified tribal school modernization bonds.

					1400U.Credit to
				holders of qualified tribal school modernization bonds
						(a)Allowance of
				creditIn the case of a taxpayer who holds a qualified tribal
				school modernization bond on a credit allowance date of such bond which occurs
				during the taxable year, there shall be allowed as a credit against the tax
				imposed by this chapter for such taxable year an amount equal to the sum of the
				credits determined under subsection (b) with respect to credit allowance dates
				during such year on which the taxpayer holds such bond.
						(b)Amount of
				credit
							(1)In
				generalThe amount of the credit determined under this subsection
				with respect to any credit allowance date for a qualified tribal school
				modernization bond is 25 percent of the annual credit determined with respect
				to such bond.
							(2)Annual
				creditThe annual credit determined with respect to any qualified
				tribal school modernization bond is the product of—
								(A)the applicable
				credit rate, multiplied by
								(B)the outstanding
				face amount of the bond.
								(3)Applicable
				credit rateFor purposes of paragraph (1), the applicable credit
				rate with respect to an issue is the rate equal to an average market yield (as
				of the date of sale of the issue) on outstanding long-term corporate
				obligations of similar ratings (as determined by the Secretary).
							(4)Special rule for
				issuance and redemptionIn the case of a bond which is issued
				during the 3-month period ending on a credit allowance date, the amount of the
				credit determined under this subsection with respect to such credit allowance
				date shall be a ratable portion of the credit otherwise determined based on the
				portion of the 3-month period during which the bond is outstanding. A similar
				rule shall apply when the bond is redeemed.
							(c)Limitation based
				on amount of tax
							(1)In
				generalThe credit allowed under subsection (a) for any taxable
				year shall not exceed the excess of—
								(A)the sum of the
				regular tax liability (as defined in section 26(b)) plus the tax imposed by
				section 55, over
								(B)the sum of the
				credits allowable under part IV of subchapter A (other than subpart C thereof,
				relating to refundable credits).
								(2)Carryover of
				unused creditIf the credit allowable under subsection (a)
				exceeds the limitation imposed by paragraph (1) for such taxable year, such
				excess shall be carried to the succeeding taxable year and added to the credit
				allowable under subsection (a) for such taxable year.
							(d)Qualified tribal
				school modernization bond; other definitionsFor purposes of this
				section—
							(1)Qualified tribal
				school modernization bond
								(A)In
				generalThe term qualified tribal school modernization
				bond means, subject to subparagraph (B), any bond issued as part of an
				issue under section 2(c) of the Indian School Construction Act, as in effect on
				the date of enactment of this section, if—
									(i)95
				percent or more of the proceeds of such issue are to be used for the
				construction, rehabilitation, or repair of a school facility funded by the
				Bureau of Indian Affairs of the Department of the Interior or for the
				acquisition of land on which such a facility is to be constructed with part of
				the proceeds of such issue,
									(ii)the bond is
				issued by an Indian tribe,
									(iii)the issuer
				designates such bond for purposes of this section, and
									(iv)the term of each
				bond which is part of such issue does not exceed 15 years.
									(B)National
				limitation on amount of bonds designated
									(i)National
				limitationThere is a national qualified tribal school
				modernization bond limitation for each calendar year. Such limitation
				is—
										(I)$200,000,000 for
				2007,
										(II)$200,000,000 for
				2008, and
										(III)$200,000,000 for
				2009.
										(ii)Allocation of
				limitationThe national qualified tribal school modernization
				bond limitation shall be allocated to Indian tribes by the Secretary of the
				Interior subject to the provisions of section 2 of the Indian School
				Construction Act, as in effect on the date of enactment of this section.
									(iii)Designation
				subject to limitation amountThe maximum aggregate face amount of
				bonds issued during any calendar year which may be designated under subsection
				(d)(1) with respect to any Indian tribe shall not exceed the limitation amount
				allocated to such government under clause (ii) for such calendar year.
									(iv)Carryover of
				unused limitationIf for any calendar year—
										(I)the limitation
				amount under this subparagraph, exceeds
										(II)the amount of
				qualified tribal school modernization bonds issued during such year, the
				limitation amount under this subparagraph for the following calendar year shall
				be increased by the amount of such excess. The preceding sentence shall not
				apply if such following calendar year is after 2010.
										(2)Credit allowance
				dateThe term credit allowance date means—
								(A)March 15,
								(B)June 15,
								(C)September 15,
				and
								(D)December
				15.
								Such term
				includes the last day on which the bond is outstanding.(3)BondThe
				term bond includes any obligation.
							(4)Indian
				tribeThe term Indian tribe has the meaning given
				the term Indian tribal government by section 7701(a)(40),
				including the application of section 7871(d). Such term includes any consortium
				of Indian tribes approved by the Secretary of the Interior.
							(e)Credit included
				in gross incomeGross income includes the amount of the credit
				allowed to the taxpayer under this section (determined without regard to
				subsection (c)) and the amount so included shall be treated as interest
				income.
						(f)Bonds held by
				regulated investment companiesIf any qualified tribal school
				modernization bond is held by a regulated investment company, the credit
				determined under subsection (a) shall be allowed to shareholders of such
				company under procedures prescribed by the Secretary.
						(g)Credits may be
				strippedUnder regulations prescribed by the Secretary—
							(1)In
				generalThere may be a separation (including at issuance) of the
				ownership of a qualified tribal school modernization bond and the entitlement
				to the credit under this section with respect to such bond. In case of any such
				separation, the credit under this section shall be allowed to the person who on
				the credit allowance date holds the instrument evidencing the entitlement to
				the credit and not to the holder of the bond.
							(2)Certain rules to
				applyIn the case of a separation described in paragraph (1), the
				rules of section 1286 shall apply to the qualified tribal school modernization
				bond as if it were a stripped bond and to the credit under this section as if
				it were a stripped coupon.
							(h)Treatment for
				estimated tax purposesSolely for purposes of sections 6654 and
				6655, the credit allowed by this section to a taxpayer by reason of holding a
				qualified tribal school modernization bonds on a credit allowance date shall be
				treated as if it were a payment of estimated tax made by the taxpayer on such
				date.
						(i)Credit may be
				transferredNothing in any law or rule of law shall be construed
				to limit the transferability of the credit allowed by this section through sale
				and repurchase agreements.
						(j)Credit treated
				as allowed under part IV of subchapter
				AFor purposes of subtitle F,
				the credit allowed by this section shall be treated as a credit allowable under
				part IV of subchapter A of this chapter.
						(k)ReportingIssuers
				of qualified tribal school modernization bonds shall submit reports similar to
				the reports required under section
				149(e).
						.
		5.Additional
			 provisions
			(a)Sovereign
			 immunityNothing in this Act or an amendment made by this Act
			 impacts, limits, or otherwise affects the sovereign immunity of the United
			 States or any State or Indian tribal government.
			(b)ApplicationThis
			 Act and the amendments made by this Act shall take effect on the date of
			 enactment of this Act with respect to bonds issued after December 31, 2006,
			 regardless of the status of regulations promulgated pursuant to this Act or an
			 amendment made by this Act.


110 HR 1977 IH: To amend the Internal Revenue Code of 1986 to allow solar

U.S. House of Representatives
2007-04-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1977
		IN THE HOUSE OF REPRESENTATIVES

			April 20, 2007
			Ms. Berkley
			 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 solar
		  and geothermal investment credit for public utility property.

		1.Solar and geothermal
			 investment credit allowed for public utility property
			(a)In
			 generalThe second sentence
			 of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by
			 inserting (other than property described in clause (i) or (iii) of
			 subparagraph (A)) before shall not.
			(b)Effective
			 dateThe amendments made by
			 this section shall apply to periods after the date of the enactment of this
			 Act, in taxable years ending after such date, under rules similar to the rules
			 of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day
			 before the date of the enactment of the Revenue Reconciliation Act of
			 1990).


113 HR 840 IH: To improve services for victims of sexual assault and domestic violence.
U.S. House of Representatives
2013-02-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 840
		IN THE HOUSE OF REPRESENTATIVES

			February 26, 2013
			Mr. Sablan (for
			 himself, Mrs. Christensen,
			 Ms. Bordallo, and
			 Ms. Moore) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary

		A BILL
		To improve services for victims of sexual assault and
		  domestic violence.

		1.Sexual Assault Services
			 grants
			(a)AmendmentParagraph (4) of section 14601(b) of the
			 Violence Against Women Act of 1994 (42 U.S.C. 14043g(b)) is amended—
				(1)in the first
			 sentence, by striking , except that the United States Virgin Islands,
			 American Samoa, Guam, the District of Columbia, Puerto Rico, and the
			 Commonwealth of the Northern Mariana Islands shall each be allocated 0.125
			 percent of the total appropriations; and
				(2)by striking the
			 third sentence.
				(b)Effective
			 dateThe amendments made by
			 subsection (a) shall apply with respect to
			 grants under section 14601 of the Violence Against Women Act of 1994 (42 U.S.C.
			 14043g) for fiscal year 2013 and succeeding fiscal years.


115 HR 6702 IH: DEA Enforcement and Authority Act of 2018
U.S. House of Representatives
2018-09-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6702IN THE HOUSE OF REPRESENTATIVESSeptember 5, 2018Mr. Bilirakis (for himself and Mrs. Blackburn) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 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 concernedA BILLTo clarify the congressional intent behind the requirements relating to immediate suspension orders
			 and corrective action plans under the Controlled Substances Act that were
			 added by the Ensuring Patient Access and Effective Drug Enforcement Act of
			 2016.

 1.Short titleThis Act may be cited as the DEA Enforcement and Authority Act of 2018. 2.Denial, revocation, or suspension of controlled substances registration (a)Standard of review for immediate suspension ordersSection 304(d) of the Controlled Substances Act (21 U.S.C. 824(d)) is amended—
 (1)in paragraph (1), by inserting after competent jurisdiction the following: based on a determination that the Attorney General failed to comply with paragraph (2) under the standard of review set forth in section 507; and
 (2)in paragraph (2), by striking a substantial likelihood of an immediate threat that death, serious bodily harm, or abuse and inserting probable cause to believe an imminent threat that death, serious bodily harm, abuse, or diversion. (b)Opportunity To submit corrective action plan prior to revocation or suspension (1)In generalSection 304(c) of the Controlled Substances Act (21 U.S.C. 824(c)) is amended—
 (A)by striking paragraphs (2) through (5); (B)by striking (c)(1) Before and inserting (c) Before; and
 (C)by adding at the end the following: The order to show cause shall contain a statement of the basis thereof and shall call upon the applicant or registrant to appear before the Attorney General at a time and place stated in the order, but in no event less than 30 days after the date of receipt of the order. Proceedings to deny, revoke, or suspend shall be conducted pursuant to this section in accordance with subchapter II of chapter 5 of title 5, United States Code. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this title or any other law of the United States..
 (2)Applicability to pending corrective action plansThe Attorney General shall not be required to review any corrective action plan submitted by an applicant or registrant under section 304(c)(2) of the Controlled Substances Act (21 U.S.C. 824(c)(2)), as in effect on the day before the date of enactment of this Act.


		III

		109th CONGRESS

		2d Session

		S. CON. RES. 81

		IN THE SENATE OF THE UNITED STATES

			February 16, 2006

			Mr. Isakson submitted

			 the following concurrent resolution; which was referred to the

			 Committee on the

			 Judiciary

		CONCURRENT RESOLUTION

		Recognizing and honoring the 150th

		  anniversary of the founding of the Sigma Alpha Epsilon

		  Fraternity.

		Whereas the Sigma Alpha Epsilon Fraternity was founded on

			 March 9, 1856, by 8 young men at the University of Alabama in Tuscaloosa,

			 Alabama, in order to establish a band of brothers;

		Whereas the founders of the fraternity believed in

			 promoting the intellectual, moral, and spiritual welfare of their

			 members;

		Whereas the mission of the Sigma Alpha Epsilon Fraternity

			 is to promote the highest standards of friendship, scholarship, and service for

			 its members;

		Whereas the Sigma Alpha Epsilon Fraternity adheres to its

			 creed known as The True Gentleman and lives up to its ideals and

			 aspirations for conduct with fellow man;

		Whereas, for 150 years, the Sigma Alpha Epsilon Fraternity

			 has played an integral role in the positive development of the character and

			 education of more than 280,000 men;

		Whereas the brothers of Sigma Alpha Epsilon, being from

			 different backgrounds, ethnic groups, and temperaments, have shared countless

			 friendships and a common belief in the founding ideals of the

			 fraternity;

		Whereas tens of thousands of Sigma Alpha Epsilon men have

			 served our nation’s military and hundreds have given the ultimate sacrifice for

			 our freedom;

		Whereas alumni from Sigma Alpha Epsilon serve as leaders

			 in their respective fields, including government, business, entertainment,

			 science, and higher education;

		Whereas the Sigma Alpha Epsilon Fraternity has 190,000

			 living alumni from as many as 290 chapters at colleges and universities in 49

			 states and Canada, making it the largest social fraternity in the world;

			 and

		Whereas Sigma Alpha Epsilon continues to enrich the lives

			 of its members who, in turn, give back to their families, communities, and

			 other service groups: Now, therefore, be it

		That Congress—

			(1)recognizes and

			 honors the 150th anniversary of the founding of the Sigma Alpha Epsilon

			 Fraternity;

			(2)commends its

			 founding fathers and all Sigma Alpha Epsilon brothers, past and present, for

			 their bond of friendship, common ideals and beliefs, and service to community;

			 and

			(3)expresses its

			 best wishes to this most respected and cherished of national fraternities for

			 continued success and growth.


110 HR 2483 IH: Green Energy Education Act of

U.S. House of Representatives
2007-05-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 2483
		IN THE HOUSE OF REPRESENTATIVES

			May 24, 2007
			Mr. Hall of Texas
			 (for himself, Mrs. Biggert,
			 Mr. McCaul of Texas,
			 Mr. Smith of Texas,
			 Mr. Gingrey, and
			 Mr. Inglis of South Carolina)
			 introduced the following bill; which was referred to the
			 Committee on Science and
			 Technology

		A BILL
		To provide for research, development, and demonstration
		  on energy technologies to ensure the Nation’s continued supply and efficient
		  use of affordable, reliable, and clean energy, and for other
		  purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Energy for America
			 Act.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Title I—Produced Water
					Sec. 101. Short title.
					Sec. 102. Findings.
					Sec. 103. Definitions.
					Sec. 104. Purposes.
					Sec. 105. Sunset.
					Sec. 106. Funding.
					Title II—Biomass
					Sec. 201. Short title.
					Sec. 202. Definitions.
					Sec. 203. Advanced biofuel technologies.
					Sec. 204. Bioenergy.
					Title III—Plug-In Hybrid Electric Vehicles
					Sec. 301. Short title.
					Sec. 302. Near-term vehicle technology program.
					Title IV—Energy Storage
					Sec. 401. Short title.
					Sec. 402. Findings.
					Sec. 403. Energy storage systems for electricity transmission
				and distribution.
					Title V—Energy Efficient Buildings
					Sec. 501. Short title.
					Sec. 502. Energy efficient building grant program.
					Title VI—ARPA–E
					Sec. 601. Advanced Research Projects Authority-Energy
				(ARPA–E).
					Title VII—Green Energy Education
					Sec. 701. Short title.
					Sec. 702. Definition.
					Sec. 703. Graduate training in energy research and
				development.
					Sec. 704. Curriculum development for high performance building
				design.
					Title VIII—Carbon Capture and Sequestration
					Sec. 801. Carbon capture and sequestration study.

			IProduced
			 Water
			101.Short
			 titleThis title may be cited
			 as the Produced Water Utilization Act
			 of 2007.
			102.FindingsThe Congress finds as follows:
				(1)The population of
			 the United States is increasing, and as the population increases, additional
			 potable water supplies are required to sustain individuals, agricultural
			 production, and industrial users, particularly in the Mountain West and desert
			 Southwest, where water resources are scarce.
				(2)During the
			 development of domestic energy sources, including coalbed methane, oil, and
			 natural gas, water may be extracted from underground sources and brought to the
			 surface, often increasing energy production from subsurface geological
			 formations in the process.
				(3)Produced water
			 frequently contains increased levels of potentially harmful dissolved solids,
			 rendering much of the water nonpotable and unsuitable for agricultural or
			 industrial uses, and encouraging reinjection of the water to subsurface
			 geological formations to safely dispose of it, which may lead to reduced
			 production of domestic energy resources and increased costs to
			 producers.
				(4)Increasing
			 environmentally responsible surface utilization of produced water would—
					(A)increase water
			 supplies available for agricultural and industrial use;
					(B)reduce the amount
			 of produced water returned to underground formations; and
					(C)increase domestic
			 energy production by reducing costs associated with reinjection of produced
			 water to the subsurface.
					103.DefinitionsIn this title:
				(1)Existing
			 programThe term existing program means a program at
			 the Department of Energy which is engaged in research, development,
			 demonstration, and commercial application of technologies for unconventional
			 domestic natural gas production and other domestic petroleum production as of
			 the date of enactment of this Act.
				(2)Produced
			 waterThe term produced water means water from an
			 underground source that is brought to the surface as part of the process of
			 exploration for or development of coalbed methane, oil, natural gas, or any
			 other substance to be used as an energy source.
				(3)SecretaryThe
			 term Secretary means the Secretary of Energy.
				104.Purposes
				(a)In
			 generalThe Secretary shall
			 carry out under this title, in conjunction with an existing program, a program
			 of research, development, and demonstration of technologies for environmentally
			 sustainable utilization of produced water for use for agriculture, irrigation,
			 municipal, or industrial uses, or other environmentally sustainable purposes.
			 The program shall be designed to maximize the utilization of produced water in
			 the United States by increasing the quality of produced water and reducing the
			 environmental impacts of produced water.
				(b)Program
			 elementsThe program under this title shall address the following
			 areas, including improving safety and minimizing environmental impacts of
			 activities within each area:
					(1)Produced water
			 recovery, including research for desalination and demineralization to reduce
			 total dissolved solids in the produced water.
					(2)Produced water
			 utilization for agricultural, irrigation, municipal, or industrial uses, or
			 other environmentally sustainable purposes.
					(3)Reinjection of
			 produced water into subsurface geological formations to increase energy
			 production.
					(c)Program
			 administrationThe program under this title shall be administered
			 by a consortium, administering an existing program, whose members have
			 collectively demonstrated capabilities and experience in planning and managing
			 research, development, demonstration, and commercial application programs for
			 unconventional natural gas and other petroleum production and produced water
			 utilization.
				(d)Activities at the
			 national energy technology laboratoryThe Secretary, through the National Energy
			 Technology Laboratory, shall carry out a program of research, development, and
			 demonstration activities complementary to and supportive of the research,
			 development, and demonstration programs under subsection (b).
				(e)ConsultationIn
			 carrying out this title, the Secretary shall consult regularly with the
			 Secretary of the Interior and the Administrator of the Environmental Protection
			 Agency.
				105.SunsetThe authority provided by this title shall
			 terminate on September 30, 2016.
			106.Funding
				(a)AllocationAmounts
			 appropriated for this title for each fiscal year shall be allocated as
			 follows:
					(1)75
			 percent shall be for activities under section 104(a), (b), and (c).
					(2)25 percent shall
			 be for activities under section 104(d) and other activities under section 104,
			 including administrative functions such as program direction, overall program
			 oversight, and contract management.
					(b)Authorization of
			 appropriationsThere are authorized to be appropriated to carry
			 out this title $20,000,000 for each of fiscal years 2008 through 2016.
				IIBiomass
			201.Short
			 titleThis title may be cited
			 as the Biomass Research, Development,
			 and Demonstration Act of 2007.
			202.DefinitionsFor the purposes of this title—
				(1)the term
			 institution of higher education has the meaning given that term in
			 section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a));
			 and
				(2)the term
			 Secretary means the Secretary of Energy.
				203.Advanced biofuel
			 technologies
				(a)AmendmentsSection
			 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232) is amended—
					(1)in subsection
			 (b)(2), by inserting , including motor and other fuels from
			 biomass after biofuels; and
					(2)in subsection
			 (c)—
						(A)by redesignating
			 paragraphs (2) through (4) as paragraphs (3) through (5), respectively;
						(B)by adding the
			 following new paragraph after paragraph (1):

								(2)technologies that
				would make biofuels produced from cellulosic feedstocks cost competitive with
				biofuels produced from corn by
				2012;
								;
						(C)in paragraph (3),
			 as so redesignated by subparagraph (A) of this paragraph, by inserting ,
			 including through conducting research and development on the production of
			 hydrocarbons and bioproducts other than ethanol from biomass after
			 systems; and
						(D)in paragraph (4), as so redesignated by
			 subparagraph (A) of this paragraph, by inserting , including through
			 conducting research and development on how to apply advanced genetic
			 engineering and advanced bioengineering techniques to increase the efficiency
			 and lower the cost of industrial-scale production of liquid fuels from
			 cellulosic feedstocks after facilities.
						(b)Institution of
			 Higher Education GrantsThe
			 Secretary shall designate not less than 10 percent of the funds appropriated
			 for carrying out section 932(d) of the Energy Policy Act of 2005 (42 U.S.C.
			 16232(d)) for grants to competitively selected institutions of higher education
			 around the country focused on meeting the objectives stated in such section
			 932(d).
				(c)Authorization of
			 AppropriationsSection 931(c) of the Energy Policy Act of 2005
			 (42 U.S.C. 16231(c)) is amended—
					(1)in
			 subsection (c)(1), by striking $100,000,000 and inserting
			 $150,000,000;
					(2)in
			 subsection (c)(2), by striking $125,000,000 and inserting
			 $160,000,000; and
					(3)in
			 subsection (c)(3), by striking $150,000,000 and inserting
			 $175,000,000.
					204.Bioenergy
				(a)Bioenergy
			 ProgramSection 932(d)(1)(B) of the Energy Policy Act of 2005 (42
			 U.S.C. 16232(d)(1)(B)) is amended—
					(1)by striking
			 and at the end of clause (iii); and
					(2)by adding after
			 clause (iv) the following new clause:

							(v)biodegradable
				natural plastics in or from biomass;
				and
							.
					(b)Authorization of
			 AppropriationsSection 931 of the Energy Policy Act of 2005 (42
			 U.S.C. 16231) is amended—
					(1)in subsection
			 (c)(1), by inserting before the semicolon the following: , including
			 $25,000,000 for activities under section 932(d)(1)(B)(v);
					(2)in subsection (c)(2), by inserting before
			 the semicolon the following: , including $25,000,000 for activities
			 under section 932(d)(1)(B)(v); and
					(3)in subsection (c)(3), by inserting before
			 the period the following: , including $25,000,000 for activities under
			 section 932(d)(1)(B)(v).
					IIIPlug-In Hybrid
			 Electric Vehicles
			301.Short
			 titleThis title may be cited
			 as the Plug-In Hybrid Electric Vehicle
			 Act of 2007.
			302.Near-term
			 vehicle technology program
				(a)DefinitionsIn
			 this section:
					(1)BatteryThe
			 term battery means a device or system for the electrochemical
			 storage of energy.
					(2)BiomassThe
			 term biomass has meaning given the term in section 932 of the
			 Energy Policy Act of 2005 (42 U.S.C. 16232).
					(3)E85The
			 term E85 means a fuel blend containing 85 percent ethanol and 15
			 percent gasoline by volume.
					(4)Electric drive
			 transportation technologyThe term electric drive
			 transportation technology means—
						(A)vehicles that use
			 an electric motor for all or part of their motive power and that may or may not
			 use offboard electricity, including battery electric vehicles, fuel cell
			 vehicles, hybrid electric vehicles, plug-in hybrid electric vehicles, flexible
			 fuel plug-in hybrid electric vehicles, and electric rail; and
						(B)related equipment, including electric
			 equipment necessary to recharge a plug-in hybrid electric vehicle.
						(5)Flexible fuel
			 plug-in hybrid electric vehicleThe term flexible fuel
			 plug-in hybrid electric vehicle means a plug-in hybrid electric
			 vehicle—
						(A)warranted by its
			 manufacturer as capable of operating on any combination of gasoline or E85 for
			 its onboard internal combustion or heat engine; or
						(B)that uses a fuel
			 cell for battery charging when disconnected from offboard power sources.
						(6)Fuel cell
			 vehicleThe term fuel cell vehicle means an onroad
			 vehicle that uses a fuel cell (as defined in section 803 of the Energy Policy
			 Act of 2005 (42 U.S.C. 16152)).
					(7)Hybrid electric
			 vehicleThe term hybrid electric vehicle means an
			 onroad vehicle that—
						(A)can operate on
			 either liquid combustible fuel or electric power provided by an onboard
			 battery; and
						(B)utilizes
			 regenerative power capture technology to recover energy expended in braking the
			 vehicle for use in recharging the battery.
						(8)Plug-in hybrid
			 electric vehicleThe term plug-in hybrid electric
			 vehicle means a hybrid electric vehicle that can operate solely on
			 electric power for a minimum of 20 miles under city driving conditions, and
			 that is capable of recharging its battery from an offboard electricity
			 source.
					(9)SecretaryThe
			 term Secretary means the Secretary of Energy.
					(b)ProgramThe
			 Secretary shall conduct a program of research, development, demonstration, and
			 commercial application on technologies needed for the development of plug-in
			 hybrid electric vehicles, including—
					(1)high capacity, high efficiency batteries,
			 to—
						(A)improve battery
			 life, energy storage capacity, and power delivery capacity, and lower cost;
			 and
						(B)minimize waste and
			 hazardous material production in the entire value chain, including after the
			 end of the useful life of the batteries;
						(2)high efficiency
			 onboard and offboard charging components;
					(3)high power drive
			 train systems for passenger and commercial vehicles and for supporting
			 equipment;
					(4)onboard energy
			 management systems, power trains, and systems integration for plug-in hybrid
			 electric vehicles, flexible fuel plug-in hybrid electric vehicles, and hybrid
			 electric vehicles, including efficient cooling systems and systems that
			 minimize the emissions profile of such vehicles; and
					(5)lightweight
			 materials, including research, development, demonstration, and commercial
			 application to reduce the cost of materials such as steel alloys and carbon
			 fibers.
					(c)Plug-In hybrid
			 electric vehicle demonstration program
					(1)EstablishmentThe Secretary shall establish a competitive
			 grant pilot demonstration program to provide not more than 25 grants annually
			 to State governments, local governments, metropolitan transportation
			 authorities, or combinations thereof to carry out a project or projects for
			 demonstration of plug-in hybrid electric vehicles.
					(2)Applications
						(A)RequirementsThe
			 Secretary shall issue requirements for applying for grants under the
			 demonstration pilot program. The Secretary shall require that applications, at
			 a minimum, include a description of how data will be—
							(i)collected on
			 the—
								(I)performance of the
			 vehicle or vehicles and the components, including the battery, energy
			 management, and charging systems, under various driving speeds, trip ranges,
			 traffic, and other driving conditions;
								(II)costs of the
			 vehicle or vehicles, including acquisition, operating, and maintenance costs,
			 and how the project or projects will be self-sustaining after Federal
			 assistance is completed; and
								(III)emissions of the
			 vehicle or vehicles, including greenhouse gases, and the amount of petroleum
			 displaced as a result of the project or projects; and
								(ii)summarized for
			 dissemination to the Department, other grantees, and the public.
							(B)PartnersAn
			 applicant under subparagraph (A) may carry out a project or projects under the
			 pilot program in partnership with one or more private entities.
						(3)Selection
			 criteria
						(A)PreferenceWhen
			 making awards under this subsection, the Secretary shall consider each
			 applicant’s previous experience involving plug-in hybrid electric vehicles and
			 shall give preference to proposals that—
							(i)provide the greatest demonstration per
			 award dollar, with preference increasing as the number of miles that a plug-in
			 hybrid electric vehicle can operate solely on electric power under city driving
			 conditions increases; and
							(ii)demonstrate the
			 greatest commitment on the part of the applicant to ensure funding for the
			 proposed project or projects and the greatest likelihood that each project
			 proposed in the application will be maintained or expanded after Federal
			 assistance under this subsection is completed.
							(B)Breadth of
			 demonstrationsIn awarding grants under this subsection, the
			 Secretary shall ensure the program will demonstrate plug-in hybrid electric
			 vehicles under various circumstances, including—
							(i)driving
			 speeds;
							(ii)trip
			 ranges;
							(iii)driving
			 conditions;
							(iv)climate
			 conditions; and
							(v)topography,
							to
			 optimize understanding and function of plug-in hybrid electric vehicles.(4)Pilot project
			 requirements
						(A)Subsequent
			 fundingAn applicant that has
			 received a grant in one year may apply for additional funds in subsequent
			 years, but the Secretary shall not provide more than $10,000,000 in Federal
			 assistance under the pilot program to any applicant for the period encompassing
			 fiscal years 2008 through fiscal year 2012.
						(B)InformationThe
			 Secretary shall establish mechanisms to ensure that the information and
			 knowledge gained by participants in the pilot program are shared among the
			 pilot program participants and are available to other interested parties,
			 including other applicants.
						(5)Award
			 amountsThe Secretary shall
			 determine grant amounts, but the maximum size of grants shall decline as the
			 cost of producing plug-in hybrid electric vehicles declines or the cost of
			 converting a hybrid electric vehicle to a plug-in hybrid electric vehicle
			 declines.
					(d)Cost
			 sharingThe Secretary shall
			 carry out the program under this section in compliance with section 988(a)
			 through (d) and section 989 of the Energy Policy Act of 2005 (42 U.S.C.
			 16352(a) through (d) and 16353).
				(e)Authorization of
			 AppropriationsThere are authorized to be appropriated to the
			 Secretary—
					(1)for carrying out subsection (b),
			 $250,000,000 for each of fiscal years 2008 through 2012, of which up to
			 $50,000,000 may be used for the program described in paragraph (5) of that
			 subsection; and
					(2)for carrying out subsection (c),
			 $50,000,000 for each of fiscal years 2008 through 2012.
					IVEnergy
			 Storage
			401.Short
			 titleThis title may be cited
			 as the Energy Storage Solutions for
			 America Act of 2007.
			402.FindingsThe Congress finds that—
				(1)as
			 demand rises by an estimated 40 percent in the electricity sector by 2030, we
			 will need solutions that are clean, reliable, and affordable; and
				(2)improved energy
			 storage capability will allow for more wind and solar energy because it
			 addresses the problem of intermittency inherent in these renewable sources of
			 energy.
				403.Energy storage
			 systems for electricity transmission and distribution
				(a)DefinitionsIn
			 this section:
					(1)CouncilThe
			 term Council means the Energy Storage Advisory Council established
			 under subsection (c).
					(2)DepartmentThe
			 term Department means the Department of Energy.
					(3)SecretaryThe
			 term Secretary means the Secretary of Energy.
					(b)ProgramThe
			 Secretary shall carry out a research, development, and demonstration program to
			 support the ability of the United States to remain globally competitive in
			 energy storage systems for electricity transmission and distribution.
				(c)Energy Storage
			 Advisory Council
					(1)EstablishmentNot
			 later than 90 days after the date of enactment of this Act, the Secretary shall
			 establish an Energy Storage Advisory Council.
					(2)Composition
						(A)In
			 generalSubject to subparagraph (B), the Council shall consist of
			 not less than 15 individuals appointed by the Secretary, based on
			 recommendations of the National Academy of Sciences.
						(B)Energy storage
			 industryThe Council shall consist primarily of representatives
			 of the energy storage industry of the United States.
						(C)ChairpersonThe
			 Secretary shall select a Chairperson for the Council from among the members
			 appointed under subparagraph (A).
						(3)Meetings
						(A)In
			 generalThe Council shall meet not less than once a year.
						(B)Federal Advisory
			 Committee ActThe Federal Advisory Committee Act (5 U.S.C. App.
			 2) shall apply to a meeting of the Council.
						(4)PlansNot
			 later than 1 year after the date of enactment of this Act, in conjunction with
			 the Secretary, the Council shall develop 5-year plans for integrating basic and
			 applied research so that the United States retains a globally competitive
			 domestic energy storage industry for electricity transmission and
			 distribution.
					(5)ReviewThe
			 Council shall—
						(A)assess the
			 performance of the Department in meeting the goals of the plans developed under
			 paragraph (4); and
						(B)make specific
			 recommendations to the Secretary on programs or activities that should be
			 established or terminated to meet those goals.
						(d)Basic research
			 programThe Secretary shall conduct a basic research program on
			 energy storage systems to support electricity transmission and distribution,
			 including—
					(1)materials
			 design;
					(2)materials
			 synthesis and characterization;
					(3)electrolytes,
			 including bioelectrolytes;
					(4)surface and
			 interface dynamics; and
					(5)modeling and
			 simulation.
					(e)Applied research
			 programThe Secretary shall conduct an applied research program
			 on energy storage systems to support electricity transmission and distribution
			 technologies.
				(f)Review by
			 National Academy of SciencesNot later than 5 years after the
			 date of enactment of this Act, the Secretary shall offer to enter into an
			 arrangement with the National Academy of Sciences to assess the performance of
			 the Department in making the United States globally competitive in energy
			 storage systems for electricity transmission and distribution.
				(g)Authorization of
			 appropriationsThere are authorized to be appropriated to the
			 Secretary to carry out—
					(1)the basic research
			 program under subsection (d) $50,000,000 for each of fiscal years 2008 through
			 2012; and
					(2)the applied
			 research program under subsection (e) $80,000,000 for each of fiscal years 2008
			 through 2012.
					VEnergy Efficient
			 Buildings
			501.Short
			 titleThis title may be cited
			 as the Energy Efficient Buildings Act
			 of 2007.
			502.Energy
			 efficient building grant program
				(a)Energy Efficient
			 Building Pilot Grant Program
					(1)In
			 generalNot later than 6
			 months after the date of enactment of this Act, the Secretary of Energy (in
			 this title referred to as the Secretary) shall establish a pilot
			 program to award grants to businesses and organizations for new construction of
			 energy efficient buildings, or major renovations of buildings that will result
			 in energy efficient buildings, to demonstrate innovative energy efficiency
			 technologies, especially those sponsored by the Department of Energy.
					(2)AwardsThe
			 Secretary shall award grants under this subsection competitively to those
			 applicants whose proposals—
						(A)best
			 demonstrate—
							(i)likelihood to meet
			 or exceed the standards referred to in subsection (b)(2);
							(ii)likelihood to
			 maximize cost-effective energy efficiency opportunities; and
							(iii)advanced energy
			 efficiency technologies; and
							(B)maximize the
			 leverage of private investment for costs related to increasing the energy
			 efficiency of the building.
						(3)ConsiderationThe
			 Secretary shall give due consideration to proposals for buildings that are
			 likely to serve low and moderate income populations.
					(4)Amount of
			 grantsGrants under this subsection shall be for up to 50 percent
			 of design and energy modeling costs, not to exceed $50,000 per building. No
			 single grantee may be eligible for more than 3 grants per year under this
			 program.
					(5)Grant
			 payments
						(A)Initial
			 paymentThe Secretary shall pay 50 percent of the total amount of
			 the grant to grant recipients upon selection.
						(B)Remainder of
			 paymentThe Secretary shall pay the remaining 50 percent of the
			 grant only after independent certification, by a professional engineer or other
			 qualified professional, that operational buildings are energy efficient
			 buildings as defined in subsection (b).
						(C)Failure to
			 complyThe Secretary shall not provide the remainder of the
			 payment unless the building is certified within 6 months after operation of the
			 completed building to meet the requirements described in subparagraph (B), or
			 in the case of major renovations the building is certified within 6 months of
			 the completion of the renovations.
						(6)Report to
			 congressNot later than 3 years after awarding the first grant
			 under this subsection, the Secretary shall transmit to Congress a report
			 containing—
						(A)the total number
			 and dollar amount of grants awarded under this subsection; and
						(B)an estimate of
			 aggregate cost and energy savings enabled by the pilot program under this
			 subsection.
						(7)Administrative
			 expensesAdministrative expenses for the program under this
			 subsection shall not exceed 10 percent of appropriated funds.
					(b)Definition of
			 Energy Efficient BuildingFor purposes of this section the term
			 energy efficient building means a building that—
					(1)achieves a
			 reduction in energy consumption of—
						(A)at least 30 percent
			 for new construction, compared to the energy standards set by the 2004
			 International Energy Conservation Code (in the case of residential buildings)
			 or ASHRAE Standard 90.1–2004; or
						(B)at least 20
			 percent for major renovations, compared to energy consumption before
			 renovations are begun;
						(2)is constructed or
			 renovated in accordance with the most current, appropriate, and applicable
			 voluntary consensus standards, as determined by the Secretary, such as those
			 listed in the assessment under section 914(b), or revised or developed under
			 section 914(c), of the Energy Policy Act of 2005;
			 and
					(3)after construction
			 or renovation—
						(A)uses heating,
			 ventilating, and air conditioning systems that perform at no less than Energy
			 Star standards; or
						(B)if Energy Star
			 standards are not applicable, uses Federal Energy Management Program
			 recommended heating, ventilating, and air conditioning products.
						(c)Authorization of
			 AppropriationsThere are authorized to be appropriated to the
			 Secretary for carrying out this section $10,000,000 for each of the fiscal
			 years 2008 through 2012.
				VIARPA–E
			601.Advanced Research
			 Projects Authority-Energy (ARPA–E)
				(a)FindingsThe
			 Congress finds the following:
					(1)The Department of Energy through existing
			 authorities and programs promotes technology transfer of basic and applied
			 research funded by the Department of Energy and performed at its national
			 laboratories, nonprofit and educational institutions, and the private sector,
			 but there is a need to more quickly identify opportunities to accelerate the
			 commercial application of new energy technologies to meet national energy
			 needs.
					(2)The principal Department of Energy program
			 organizations that already oversee various projects for basic and applied
			 research and commercialization of new energy technologies are the Office of
			 Science, the Office of Energy Efficiency and Renewable Energy, the National
			 Nuclear Security Administration, the Office of Fossil Energy, the Office of
			 Electricity Delivery and Energy Reliability, and the Office of Nuclear
			 Energy.
					(3)A
			 more fully integrated Departmental approach to advanced energy research will
			 help bridge the gap between basic research and applied technology to overcome
			 long-term and high-risk technological barriers to the development of advanced
			 energy technologies.
					(b)DefinitionsFor purposes of this section—
					(1)the term
			 ARPA–E project means a project identified by the Secretary that
			 shows promise to accelerate efforts to overcome long-term and high-risk
			 technological barriers to the development of advanced energy technologies,
			 including projects on—
						(A)advanced basic
			 energy-related research that shows unique innovation and scientific and
			 technical merit and the potential for commercial application;
						(B)development of
			 resultant technologies and processes for energy supply and efficient end use;
			 and
						(C)demonstration and
			 commercial application of the most promising energy technologies and research
			 applications on both a large and small scale; and
						(2)the term
			 Secretary means the Secretary of Energy.
					(c)Selection
			 criteriaIn identifying ARPA–E projects for support, the
			 Secretary shall—
					(1)ensure that ARPA–E
			 projects do not alter the Department’s current balance of effort along the
			 spectrum of energy research and development activities;
					(2)consider the novelty, scientific and
			 technical merit, and potential transformative nature of the proposed
			 projects;
					(3)consider the demonstrated capabilities of
			 the applicants to successfully carry out the proposed research project;
					(4)consider the viability of avenues for
			 commercial application, including the transfer of technologies to the private
			 and public sector; and
					(5)consider such
			 other criteria as are established by the Secretary.
					(d)AuthorizationThere
			 are authorized to be appropriated to the Secretary for carrying out ARPA–E
			 projects—
					(1)$100,000,000 for
			 fiscal year 2008;
					(2)$125,000,000 for
			 fiscal year 2009;
					(3)$150,000,000 for
			 fiscal year 2010;
					(4)$275,000,000 for
			 fiscal year 2011; and
					(5)$100,000,000 for
			 fiscal year 2012.
					(e)Personnel
					(1)Hiring of
			 personnelThe Secretary shall carry out a program of experimental
			 use of special personnel management authority in order to facilitate
			 recruitment of eminent experts in science or engineering for ARPA–E
			 projects.
					(2)Special
			 personnel management authorityUnder such program the Secretary may
			 utilize the hiring and management authorities described in section 1101(b),
			 (c), and (d) of the Strom Thurmond National Defense Authorization Act
			 for Fiscal Year 1999 (5 U.S.C. 3104 note), except that—
						(A)for purposes of
			 subsection (b)(1), the number of positions that may be appointed shall be no
			 more than 20; and
						(B)for purposes of
			 subsection (c), the term of initial appointments for employees may not exceed 3
			 years.
						(f)Protection of
			 Information
					(1)In
			 generalDisclosure of
			 information that is submitted to the Department of Energy under a competitive
			 or noncompetitive process pursuant to the authority granted in this section is
			 not required under section 552 of title 5, United States Code, for five years
			 after the date on which the information is received by the Department of
			 Energy. Such information includes—
						(A)a proposal,
			 proposal abstract, and supporting documents;
						(B)a business plan
			 submitted on a confidential basis; or
						(C)technical
			 information submitted on a confidential basis.
						(2)Project
			 informationThe Secretary, for a period of up to five years from
			 the receipt by the Department of information that results from any transaction
			 identified as an ARPA–E project, and which is of a character that it would be
			 protected from disclosure under the meaning of section 552(b)(4) of title 5,
			 United States Code, if the information had been obtained from a non-Government
			 party, may provide appropriate protections against the dissemination of such
			 information, including exemption from subchapter II of chapter 5 of title 5,
			 United States Code.
					(g)Cost
			 sharingAny transaction authorized by this section shall be cost
			 shared according to the principles set forth in section 988 of the
			 Energy Policy Act of 2005 (42 U.S.C. 16352).
				(h)Coordination with
			 other AgenciesThe Secretary
			 may coordinate program activities associated with an ARPA–E project with other
			 agencies, and may enter into agreements with other agencies to further the
			 success of an ARPA–E project. Where appropriate the Secretary shall coordinate
			 technology transfer efforts with the Technology Transfer Coordinator
			 established in section 1001 of the Energy Policy Act of
			 2005.
				(i)Award of Prize
			 MoneyTo the extent considered appropriate by the Secretary, the
			 Secretary may exercise the authority provided in section 1008 of the
			 Energy Policy Act of 2005 (42 U.S.C. 16396) to award
			 prizes for achievements under an ARPA–E project.
				(j)Relationship to
			 Other AuthoritiesThe authorities granted by this section are in
			 addition to existing authorities granted to the Secretary, and are not intended
			 to supersede or modify any existing authorities.
				(k)Issuance of
			 DirectiveNot later than 120
			 days after the date of enactment of this Act, the Department of Energy shall
			 issue a Directive that sets forth how the Department intends to identify,
			 manage, and administer ARPA–E projects.
				(l)Initial
			 projectsNot later than 270 days after the date of enactment of
			 this Act, the Secretary shall designate up to 2 ARPA–E projects for
			 funding.
				(m)Report to
			 CongressNot later than one year after the date of enactment of
			 this Act, the Secretary shall submit a report to Congress describing the status
			 of any proposed or existing ARPA–E projects.
				(n)Positive
			 recommendationThe Secretary shall take no actions under this
			 section unless the study conducted under section 1821(b)(3) of the Energy
			 Policy Act of 2005 contains a recommendation that the management practices used
			 by the Defense Advanced Research Projects Agency are applicable to the research
			 programs at the Department of Energy.
				VIIGreen Energy
			 Education
			701.Short
			 titleThis title may be cited
			 as the Green Energy Education Act of
			 2007.
			702.DefinitionFor the purposes of this title:
				(1)DirectorThe
			 term Director means the Director of the National Science
			 Foundation.
				(2)High performance
			 buildingThe term high performance building has the
			 meaning given that term in section 914(a) of the Energy Policy Act of 2005 (42
			 U.S.C. 16194(a)).
				(3)SecretaryThe
			 term Secretary means the Secretary of Energy.
				703.Graduate
			 training in energy research and development
				(a)FundingIn
			 carrying out research, development, demonstration, and commercial application
			 activities authorized for the Department of Energy, the Secretary may
			 contribute funds to the National Science Foundation for the Integrative
			 Graduate Education and Research Traineeship program to support projects that
			 enable graduate education related to such activities.
				(b)ConsultationThe
			 Director shall consult with the Secretary when preparing solicitations and
			 awarding grants for projects described in subsection (a).
				704.Curriculum
			 development for high performance building design
				(a)FundingIn carrying out advanced energy technology
			 research, development, demonstration, and commercial application activities
			 authorized for the Department of Energy related to high performance buildings,
			 the Secretary may contribute funds to curriculum development activities at the
			 National Science Foundation for the purpose of improving undergraduate or
			 graduate interdisciplinary engineering and architecture education related to
			 the design and construction of high performance buildings, including
			 development of curricula, of laboratory activities, of training practicums, or
			 of design projects. A primary goal of curriculum development activities
			 supported under this section shall be to improve the ability of engineers,
			 architects, landscape architects, and planners to work together on the
			 incorporation of advanced energy technologies during the design and
			 construction of high performance buildings.
				(b)ConsultationThe
			 Director shall consult with the Secretary when preparing solicitations and
			 awarding grants for projects described in subsection (a).
				(c)PriorityIn
			 awarding grants with respect to which the Secretary has contributed funds under
			 this section, the Director shall give priority to applications from
			 departments, programs, or centers of a school of engineering that are partnered
			 with schools, departments, or programs of design, architecture, and city,
			 regional, or urban planning.
				VIIICarbon Capture
			 and Sequestration
			801.Carbon capture
			 and sequestration studyNot
			 later than 2 years after the date of enactment of this Act, the Secretary of
			 Energy shall transmit to the Congress the results of a study on the feasibility
			 of large-scale biological sequestration of carbon dioxide for coal power
			 systems, including an analysis of the feasibility of creating a closed loop
			 carbon cycle through biological sequestration.


116 SRES 474 ATS: To authorize representation by the Senate Legal Counsel in the case of Martin F. McMahon v. Senator Ted Cruz, et al.
U.S. Senate
2020-01-16
text/xml
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		III
		116th CONGRESS
		2d Session
		S. RES. 474
		IN THE SENATE OF THE UNITED STATES

			January 16, 2020
			Mr. Schumer submitted the following resolution; which was considered and agreed to
		RESOLUTION
		To authorize representation by the Senate Legal Counsel in the case of Martin F. McMahon v.
Senator Ted Cruz, et al.

 Whereas, Senators Ted Cruz, Lindsey Graham, Mitch McConnell, and Rand Paul have been named as defendants in the case of Martin F. McMahon v. Senator Ted Cruz, et al., Case No. 1:19–cv–03774–TSC, currently pending in the United States District Court for the District of Columbia;
 Whereas, pursuant to sections 703(a) and 704(a)(1) of the Ethics in Government Act of 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the Senate may direct its counsel to defend Members of the Senate in civil actions relating to their official responsibilities: Now, therefore, be it

 That the Senate Legal Counsel is authorized to represent Senators Ted Cruz, Lindsey Graham, Mitch McConnell, and Rand Paul, and any other Member who may be named as a defendant in the case of Martin F. McMahon v. Senator Ted Cruz, et al.