		I
		112th CONGRESS
		2d Session
		H. R. 3771
		IN THE HOUSE OF REPRESENTATIVES

			January 13, 2012
			Mr. Conyers (for
			 himself, Ms. Clarke of New York,
			 Ms. Brown of Florida,
			 Mr. Van Hollen,
			 Mr. Lewis of Georgia,
			 Ms. Schakowsky,
			 Mr. Jackson of Illinois,
			 Ms. Jackson Lee of Texas,
			 Mr. Cohen,
			 Ms. Richardson, and
			 Ms. Lee of California) introduced the
			 following bill

			January 17, 2012
			 Referred to the Committee on Foreign
			 Affairs

		A BILL
		To promote long-term, sustainable rebuilding and
		  development in Haiti, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Haiti Empowerment, Assistance, and
			 Rebuilding Act of 2012.
		2.FindingsCongress makes the following
			 findings:
			(1)On January 12,
			 2010, Haiti suffered an earthquake measuring 7.0 on the Richter magnitude
			 scale, the greatest natural disaster in Haiti’s history, which—
				(A)devastated
			 Port-au-Prince and the surrounding areas;
				(B)killed more than
			 300,000 people;
				(C)injured 200,000 to
			 300,000 more people;
				(D)left 2,300,000
			 people homeless;
				(E)left many people
			 with newly acquired disabilities, including limb loss and other physical and
			 mental trauma; and
				(F)disrupted social
			 structures and families through death, injury, and relocation.
				(2)The scale of the
			 initial relief effort was unprecedented, with many countries, hundreds of
			 organizations, and thousands of people generously contributing to a massive
			 influx of supplies, resources, and personnel to support search and rescue
			 operations and humanitarian assistance, underlying one of the most effective
			 relief efforts in history.
			(3)Prior to the
			 earthquake, Haiti was the poorest country in the Western Hemisphere,
			 with—
				(A)an estimated 54
			 percent of its population living on less than $1 per day;
				(B)approximately
			 120,000 people living with HIV;
				(C)29,333 new cases
			 of tuberculosis in 2007;
				(D)nearly 50,000
			 children living in orphanages;
				(E)55 percent of
			 school-aged children not attending school; and
				(F)an estimated
			 800,000 people with disabilities.
				(4)Despite these
			 challenges, cautious signs of developmental progress and stability were
			 beginning to emerge in Haiti before the earthquake after years of security
			 challenges and natural disasters that weakened the economy and slowed the
			 consolidation of democracy and good governance.
			(5)Although initial
			 recovery efforts must continue to assist the people of Haiti struggling to
			 secure basic necessities, including food, water, health care, shelter, and
			 electricity, Haiti cannot afford to only focus on its immediate needs.
			(6)Haiti’s leaders
			 have advocated that—
				(A)reconstruction
			 should not follow the inefficient and poorly coordinated practices of the past,
			 but should build back better through direct collaboration with both the Haitian
			 government and Haitian grassroots and civil society groups; and
				(B)Haitians should be
			 assisted and supported in accelerating and implementing long-planned reforms
			 and new ways of doing business in every sector.
				(7)Haiti enjoys
			 several advantages that can facilitate its rebuilding, including—
				(A)people committed
			 to education and hard work;
				(B)proximity and
			 duty-free access to United States markets;
				(C)a large,
			 hardworking North American Diaspora, which remits generous amounts of money
			 back to Haiti every year; and
				(D)many regional
			 neighbors who are peaceful, prosperous, and supportive of Haiti’s
			 success.
				(8)The experiences of
			 other countries that have successfully recovered from serious natural disasters
			 confirm that—
				(A)when the people
			 and other civil society actors in an affected country play a significant role
			 in the design and execution of the rebuilding efforts, the efforts are often
			 more sustainable and more in line with the needs and aspirations of local
			 populations;
				(B)when the
			 government of the affected country plays a leading role in the planning and
			 execution of the rebuilding efforts, there is a higher probability of reforms
			 being long-lasting and coordinated with the long-term planning and development
			 efforts of the affected country;
				(C)every effort
			 should be made to incorporate, at the earliest time possible, market-based
			 employment and economic development opportunities to allow people to take
			 ownership of their long-term self sufficiency;
				(D)stability and
			 security are essential preconditions to longer-term development;
				(E)education is
			 critical to securing a better future for the people in the affected
			 country;
				(F)removing gender
			 disparities spurs macroeconomic growth; and
				(G)projects that
			 integrate gender are more likely to achieve their overall goals.
				(9)In addition to
			 providing emergency assistance and relief, the Government of Haiti must grapple
			 with the longer-term issues of how to—
				(A)provide permanent,
			 sustainable shelter to an estimated 595,000 Haitians still displaced by the
			 earthquake;
				(B)ensure that
			 communities are at the center of the rebuilding process, by employing local
			 labor and consulting with local leaders and communities;
				(C)provide health
			 care in a sustainable and comprehensive manner that is accessible to all
			 Haitians;
				(D)provide all
			 children with access to education; and
				(E)provide
			 agricultural producers throughout the country with improved access to fertile
			 land and investment opportunities for agricultural development.
				(10)The impact of
			 natural disasters on Haiti is exacerbated by—
				(A)the lack of
			 enforcement of earthquake-resistant construction procedures, weak building
			 codes, and massive private sector economic losses that hinder the ability of
			 people to purchase materials of sufficient quality to rebuild existing
			 buildings;
				(B)a government that
			 has long struggled to provide its people with minimal public services,
			 including security, clean water, shelter, electricity, health care, and
			 education; and
				(C)under-investment
			 in infrastructure and development in rural areas and secondary cities outside
			 of Port-au-Prince.
				(11)Assistance to
			 Haiti should be delivered in a manner that enhances the ability of the
			 Government of Haiti to improve democratic, transparent governance and to use
			 credible government institutions to provide services to its people.
			(12)Local
			 communities, grassroots groups, peasant movements and women’s organizations
			 should play a central role in the rebuilding of Haiti, while the national
			 recovery process is led by the Government of Haiti in such a way that foreign
			 assistance upholds the primacy of Haitian government institutions in the
			 rebuilding effort.
			(13)International
			 donors and nongovernmental organizations—
				(A)have a
			 responsibility to support the Government of Haiti in its rebuilding efforts and
			 help it build its capacity to implement its own development plan and
			 decentralization initiatives;
				(B)are critical to
			 the success of the recovery and reconstruction efforts;
				(C)are key to the
			 provision of services in the near term;
				(D)can build capacity
			 for national institutions, both governmental and nongovernmental, to take over
			 the management and provision of essential services over the medium term;
				(E)should support and
			 encourage rebuilding and development of programs which are environmentally
			 sustainable and respectful and restorative of Haiti’s natural resources;
				(F)should work with
			 the Government of Haiti to improve the educational system and to ensure that
			 all children have access to an education;
				(G)should work with
			 the Government of Haiti and the international community to better predict,
			 anticipate, and protect against future disasters;
				(H)should prioritize
			 the effective participation of Haitian grassroots and civil society, including
			 the French and Creole translation of public aid documents and proceedings and
			 the increase of nation-wide consultations with Haitian civil society networks
			 and community-based organizations in order to help inform recovery and
			 rebuilding initiatives; and
				(I)should continue to
			 work with the Governments of Haiti and the Dominican Republic to support
			 efforts to combat human trafficking along the border between Haiti and the
			 Dominican Republic, including the trafficking of women and children.
				(14)The circumstances
			 following the earthquake in Haiti provide a real opportunity for Haiti—
				(A)to break the cycle
			 of poverty, social inequality and unrealized expectations that has marked
			 Haiti’s history; and
				(B)to establish a new
			 framework for sustained economic development through a commitment of engagement
			 from the United States, other donors, and multilateral organizations to support
			 the Government of Haiti and the Haitian people as they undertake the long
			 rebuilding process.
				3.DefinitionsIn this Act:
			(1)AgencyThe
			 term agency has the meaning given the term in section 551(1) of
			 title 5, United States Code.
			(2)Appropriate
			 congressional committeesThe term appropriate congressional
			 committees means the Committee on
			 Foreign Relations of the Senate and the
			 Committee on Foreign Affairs of the House of
			 Representatives.
			(3)Haiti rebuilding
			 and development strategy; strategyThe terms Haiti
			 Rebuilding and Development Strategy and Strategy mean the
			 multi-year strategy to provide assistance in support of the reconstruction and
			 rebuilding of Haiti prepared pursuant to section 5.
			4.Statement of
			 policyIt is the policy of the
			 United States, in partnership with the Government of Haiti and in coordination
			 with the international community, to—
			(1)support the
			 sustainable recovery and rebuilding of Haiti in a manner that—
				(A)encourages greater
			 economic equality by supporting economic development, education investments,
			 agricultural investments, food security programs and nonagriculture livelihood
			 creation in rural and decentralized areas;
				(B)embraces Haitian
			 independence, self-reliance, sovereignty, democratic governance, and
			 efficiency;
				(C)requires
			 collaboration with the Haitian government and consultation with Haitian and
			 international civil society, including nation-wide consultation meetings with
			 Haitian grassroots organizations and French and Creole translation services for
			 all public aid documents and proceedings;
				(D)incorporates the
			 potential of both women and men to contribute equally and to their maximum
			 efficiency; and
				(E)maximizes local
			 and regional procurement through capacity building to help Haitian
			 organizations and companies participate effectively in the bidding process for
			 contracts related to relief and reconstruction programs, including access to
			 procurement documents translated into French and Haitian Creole;
				(2)affirm and build a
			 long-term partnership with Haiti in support of—
				(A)just, democratic,
			 and competent governance including—
					(i)an
			 independent, efficient, and effective judicial system;
					(ii)parliamentary
			 strengthening;
					(iii)political
			 pluralism, equality, and the rule of law;
					(iv)civil society,
			 governance institutions, and political parties that are representative and
			 peaceful;
					(v)transparency and
			 accountability among all branches of government and judicial proceedings,
			 including supporting anti-corruption efforts among bureaucrats, elected
			 officials, and public servants at all levels of security and government
			 administration; and
					(vi)security,
			 by—
						(I)ensuring
			 legitimate state efforts to prevent and respond to crime, especially overall
			 violence and gender-based violence;
						(II)instilling public
			 order and confidence in, and increasing the capacity of, Haitian security
			 institutions, including their capacity to address gender-based violence through
			 recruitment of female police officers and gender-sensitive training of all
			 security forces;
						(III)providing local
			 and national police forces with comprehensive professional training and
			 equipment, including gender-sensitive protection training; and
						(IV)holding aid
			 partners accountable for meeting minimum standards for gender-based violence
			 planning and response, as outlined in Inter-Agency Standing Committee (IASC)
			 Guidelines for gender-based violence interventions in humanitarian settings and
			 put into place monitoring mechanisms;
						(B)providing a
			 foundation for economic growth and economic sustainability, through
			 investments—
					(i)in
			 essential infrastructure, including transport and energy;
					(ii)in
			 sustainable urban development and improved urban management by identifying,
			 developing, and implementing a long-term, sustainable framework for future
			 growth and development in urban areas that will ensure livelihood creation,
			 appropriate environmental and resource management, appropriate disaster
			 response plans, affordable long-term housing, energy, clean water, sanitation
			 services, and essential urban services and infrastructure;
					(iii)to
			 rebuild Haiti’s competitiveness and private sector in order to foster
			 employment generation, including policies to encourage investment and open
			 world consumer markets to Haitian exports;
					(iv)in
			 food security and rural and agricultural development, particularly of food
			 staples and other crops that provide economic growth and income opportunities
			 in times of shortage and increase production and incomes of agriculture and
			 livestock producers in rural communities, including direct support to small and
			 medium Haitian farms, appropriate technical support for high yielding staple
			 food crops, micro-financing, increased market access, repair and improvements
			 of agricultural infrastructure, investment in participatory farmer-led research
			 and knowledge transfer and strengthening of local seed systems;
					(v)that
			 recognize and address where obstacles related to gender limit, hinder, or
			 suppress women’s economic productivity and gain; and
					(vi)promote
			 international labor and wage standards in all United States funded job creation
			 projects; and
					(C)environmentally
			 sustainable programs that are respectful and restorative of Haiti’s natural
			 resources and build community-level resilience to environmental and
			 weather-related impacts, including—
					(i)programs to reduce
			 and mitigate the effects of natural disaster, including floods and
			 hurricanes;
					(ii)programs to
			 address land use, land tenure, land for reconstruction, and land price
			 escalation issues;
					(iii)programs and
			 associated support to reduce deforestation and increase the rates of
			 afforestation and reforestation in Haiti, including through diversification of
			 Haiti’s energy sources; and
					(iv)programs to
			 address safe drinking water, sanitation, hygiene, water resource management,
			 and other water related issues;
					(D)investments in
			 people, particularly women and children, including—
					(i)supporting the
			 Government of Haiti, in coordination with nongovernmental education providers,
			 to rehabilitate and improve Haiti’s education sector with the goal of providing
			 access to quality and affordable education for all children;
					(ii)ensuring that
			 women’s and girls’ unique needs are appropriately integrated across all sectors
			 in consultation with Haitian women’s organizations, including governance,
			 security, livelihood creation and development, and in program assessment,
			 design, implementation, monitoring, and evaluation, with a goal of promoting
			 access, inclusion, and empowerment;
					(iii)establish
			 effective initiatives to address gender-based violence, including mechanisms to
			 address the rape charges and impunity measures, establishment of special care
			 units in hospitals for medical attention, pre and post counseling, HIV/AIDS
			 testing, administration of prophylaxis, access to anti-retrovirals for HIV
			 positive women, support for emergency protection mechanisms including shelter,
			 and durable solutions for survivors;
					(iv)health care
			 delivery and capacity building to strengthen the overall health care
			 system;
					(v)supporting
			 programs, activities, and initiatives that provide or promote equal
			 opportunity, full participation, independent living, and economic
			 self-sufficiency for individuals with disabilities;
					(vi)increasing
			 cholera prevention and treatment efforts, including the use of vaccines,
			 training and awareness-building and support for improved water and sanitation
			 infrastructure where needed;
					(vii)support for
			 Haitian government capacity building; and
					(viii)strengthening
			 the child welfare system—
						(I)to ensure the
			 protection of children from violence, abuse, exploitation, and neglect and to
			 combat child trafficking by supporting the Haitian government’s initiatives to
			 strengthen the child protection system across Haiti and at the border with the
			 Dominican Republic;
						(II)to support family
			 preservation and reunification and prevent child abandonment, to the extent
			 possible;
						(III)to ensure that
			 children without family care receive safe, developmentally appropriate care;
			 and
						(IV)to end the
			 practice and exploitation of child domestic servants (referred to in Haiti as
			 restaveks), by offering families education, support, and
			 alternatives;
						(3)support, pursuant
			 to the strategic objectives in paragraph (2) and in coordination with other
			 donors—
				(A)the institutional
			 development and capacity building of the Government of Haiti at the national,
			 local, and community levels so that the Government of Haiti—
					(i)can
			 better ensure basic services to its population, including health care,
			 protection against gender-based violence, agricultural development, education,
			 and other basic social services; and
					(ii)will be an
			 effective steward of state resources through a transparent process of equitable
			 resource allocation that includes a broad range of participation from Haitian
			 civil society;
					(B)Haitian civil
			 society organizations that are committed to making a positive contribution to
			 the rebuilding and sustainable development of Haiti;
				(C)people-to-people
			 engagement between the United States and Haiti, through increased educational,
			 technical, and cultural exchanges and other methods;
				(D)significant
			 contributions to a multilateral trust fund that will be established to enhance
			 the reconstruction and rebuilding of Haiti; and
				(E)a Haitian
			 government budget that is appropriately sized to fulfill the functions expected
			 of the budget for the delivery of essential public services, including
			 arrangements to ensure transparency and accountability for the funds provided
			 to the budget of the Haitian government; and
				(4)promote
			 development and rebuilding efforts in Haiti that are led by, and in support of,
			 all levels of government in Haiti, including national and local governments, so
			 that—
				(A)the Government and
			 people of Haiti lead the vision for reconstruction and rebuilding of
			 Haiti;
				(B)resources are
			 channeled in concrete and specific ways toward key sectoral objectives
			 identified by the Government and its people;
				(C)feasible steps are
			 taken to recognize and rectify the social injustice of poverty and gender
			 inequality and to decrease the vulnerability of the poor, through job creation,
			 access to education, the provision of health care, the provision of safe
			 shelter and settlements, and food security in the rural regions and other
			 smaller cities, as well as in Port-au-Prince;
				(D)communities are
			 placed at the center of the rebuilding process, by employing local labor and
			 consulting local leaders and communities for their experience and
			 vision;
				(E)rebuilding and
			 development programs are environmentally sustainable and respectful and
			 restorative of Haiti’s natural resources; and
				(F)the Haiti
			 Rebuilding and Development Strategy builds from and supports—
					(i)existing
			 assessments for Haiti, including the Post Disaster Needs Assessment;
					(ii)the
			 Government of Haiti’s Action Plan for the Reconstruction and National
			 Development of Haiti;
					(iii)other existing
			 development plans for Haiti, including the Poverty Reduction Strategy Paper for
			 Haiti; and
					(iv)shared principles
			 in the Paris Declaration on Aid Effectiveness and the Accra Agenda for
			 Action.
					5.Haiti Rebuilding
			 and Development Strategy
			(a)In
			 generalThe Administrator of the United States Agency for
			 International Development, with input provided by the Special Coordinator for
			 Haiti, shall prepare and submit to the appropriate congressional committees a
			 multi-year strategy to provide assistance in support of the reconstruction and
			 rebuilding of Haiti.
			(b)ComponentsThe
			 Haiti Rebuilding and Development Strategy shall—
				(1)include—
					(A)specific and
			 measurable goals;
					(B)benchmarks and
			 time frames;
					(C)an implementation
			 plan to achieve the policy objectives set forth in section 4; and
					(D)a detailed monitoring and evaluation plan
			 tied to measurable indicators addressing progress toward achieving those policy
			 objectives, including impact evaluations of United States assistance to Haiti
			 carried out in direct consultation with both the Haitian government and Haitian
			 grassroots, women’s and civil society groups; and
					(2)to the greatest
			 extent possible—
					(A)leverage private
			 sector resources through different agencies, including assistance that allows
			 Haiti to make greater use of the trade preferences provided under section 213A
			 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a) (as added by the
			 Haitian Hemispheric Opportunity Through Partnership Act of 2006 (title V of
			 division D of Public Law 109–432; 120 Stat. 3181) (commonly known as the
			 HOPE Act) and amended by the Haitian Hemispheric Opportunity
			 Through Partnership Act of 2008 (part I of subtitle D of title XV of Public Law
			 110–246; 122 Stat. 2289) (commonly known as the HOPE II
			 Act));
					(B)consult with the
			 academic and research communities, nonprofit organizations, foundations, other
			 implementing partners, the Government of Haiti, Haitian civil society, and the
			 Haitian Diaspora;
					(C)coordinate United
			 States assistance efforts with similar efforts of international organizations,
			 international financial institutions, the governments of developing and
			 developed countries, and United States and international nongovernmental
			 organizations;
					(D)promote access to
			 education for all children;
					(E)incorporate
			 approaches directed at reaching women living in poverty;
					(F)incorporate best
			 practices for improving child welfare and protection for orphans and other
			 vulnerable children; and
					(G)maximize local and
			 regional procurement.
					(c)Prior
			 consultationNot later than 30 days before the initial submission
			 of the Haiti Rebuilding and Development Strategy, the Administrator of the
			 United States Agency for International Development, in conjunction with the
			 Special Coordinator for Haiti, shall consult with the appropriate congressional
			 committees on the contents of the Strategy.
			(d)Reports
				(1)Annual
			 reportsNot later than 90
			 days after the date of the enactment of this Act, and annually thereafter, in
			 accordance with the normal performance reporting schedule, the Secretary of
			 State shall submit to the appropriate congressional committees a report that
			 includes—
					(A)a copy of the
			 Haiti Rebuilding and Development Strategy, including—
						(i)any changes made
			 to the Strategy during the preceding calendar year; and
						(ii)an explanation of
			 such changes;
						(B)a description, by
			 foreign assistance framework objective, of the implementation of the
			 Strategy;
					(C)an assessment of
			 progress made during the preceding fiscal year toward meeting—
						(i)the policy
			 objectives set forth in section 4; and
						(ii)the specific
			 goals, benchmarks, and time frames specified in the Strategy;
						(D)a description of
			 all United States Government programs contributing to the achievement of the
			 policy objectives set forth in section 4, including the amounts obligated and
			 expended on such programs during the preceding fiscal year, including—
						(i)a breakdown of the percentage of United
			 States funds spent on Haitian goods and services;
						(ii)an
			 analysis of the number of Haitian employment opportunities created with United
			 States funds;
						(iii)a
			 description of the increase in official reports that are translated into French
			 and Creole and easily accessible;
						(iv)a
			 description of official annual reporting of such programs from the Department
			 of State, the United States Agency for International Development, the
			 Department of Defense, the Department of Health and Human Services, the
			 Department of Homeland Security, and Department of Justice; and
						(v)inclusion of United States Agency for
			 International Development evaluation indicators on the percentage of the
			 affected Haitian population benefitting from United States assistance and the
			 percentage of funds going to local communities for both the United States
			 Agency for International Development and its contractors; and
						(E)an assessment of
			 United States efforts—
						(i)to encourage and
			 leverage business and philanthropic participation toward Haiti rebuilding and
			 development; and
						(ii)to coordinate
			 United States Government programs with assistance provided by international
			 organizations, international financial institutions, the governments of
			 developing and developed countries, and United States and international
			 nongovernmental organizations.
						(2)Government
			 accountability office reportNot later than 270 days after the
			 submission of each report under paragraph (1), the Comptroller General of the
			 United States shall submit a report to the appropriate congressional committees
			 that contains—
					(A)a review of, and
			 comments addressing, the report submitted under paragraph (1); and
					(B)recommendations
			 relating to any additional actions the Comptroller General determines to be
			 important to improve the provision of assistance for Haiti to support
			 rebuilding and development.
					(3)Program
			 review
					(A)In
			 generalConcurrent with the submission of the second annual
			 report under paragraph (1), the Secretary of State shall submit a report to the
			 appropriate congressional committees that contains—
						(i)an assessment of
			 the progress made during the preceding 2 years toward meeting the policy
			 objectives set forth in section 4 and the specific goals, benchmarks, and time
			 frames specified in the Haiti Rebuilding and Development Strategy;
						(ii)an evaluation of
			 the impact during the preceding 2 years of United States assistance programs on
			 Haitian rebuilding and development; and
						(iii)an assessment of
			 the overall status of broader rebuilding and development taking place in Haiti,
			 as outlined by the Government of Haiti.
						(B)Basis for
			 reportThe report required under subparagraph (A) shall be based
			 on data quality assessments and impact evaluations of quantitative and
			 qualitative indicators.
					(4)Public
			 availability of informationThe information requested in
			 paragraphs (1) and (3) for United States programs contributing to the
			 achievement of the policy objectives set forth in section 4, including the
			 amounts obligated and expended on such programs during preceding fiscal years,
			 shall—
					(A)be made publically
			 accessible in a timely manner on a single, consolidated website; and
					(B)be presented in a
			 detailed, program-by-program basis.
					(5)Unclassified
			 summaryIf detailed information is classified, an unclassified
			 summary shall be posted and the classified details shall be submitted
			 separately to the appropriate congressional committees.
				6.Authorization of
			 appropriations
			(a)Amounts
			 authorizedThere are authorized to be appropriated to provide
			 assistance for Haiti and to carry out the other purposes of this Act, in
			 addition to amounts otherwise available for such purposes—
				(1)$1,500,000,000 for
			 fiscal year 2013; and
				(2)$500,000,000 for
			 fiscal year 2014.
				(b)Applicability of
			 the Foreign Assistance Act of 1961 and other laws
				(1)In
			 generalAmounts made available to carry out the purposes of this
			 Act, including amounts authorized to be appropriated by this Act—
					(A)shall be
			 considered to be economic assistance under the Foreign Assistance Act of 1961
			 (22 U.S.C. 2151 et seq.) for purposes of making available the administrative
			 authorities contained in that Act for the use of economic assistance;
			 and
					(B)shall be provided
			 in accordance with the provisions of, the general authorities contained in, and
			 the limitations of, sections 116, 491, and 620M of the Foreign Assistance Act
			 of 1961 (22 U.S.C. 2151n, 2292, and 2378d), respectively.
					(2)Technical
			 amendmentChapter 1 of part III of the Foreign Assistance Act of
			 1961 (22 U.S.C. 2351 et seq.) is amended by redesignating section 620J (as
			 added by section 651 of the Department of State, Foreign Operations, and
			 Related Programs Appropriations Act, 2008 (division J of Public Law 110–161; 22
			 U.S.C. 2378d)) as section 620M.
				(c)TransfersOf
			 the amounts appropriated for each fiscal year pursuant to subsection
			 (a)—
				(1)the Department of
			 the Treasury may contribute to a multi-donor trust fund for reconstruction and
			 recovery expenses related to Haiti following the earthquake of January 12,
			 2010; and
				(2)remaining amounts
			 may be transferred to the Development Credit Authority account
			 of the United States Agency for International Development for the cost of
			 direct loans and loan guarantees, notwithstanding the dollar limitations in
			 such account on transfers to the account.
				(d)Availability of
			 funds
				(1)In
			 generalAmounts appropriated for each fiscal year pursuant to
			 subsection (a) shall remain available until expended.
				(2)Reports
			 requiredOf the amounts appropriated for each fiscal year
			 pursuant to subsection (a), none of the amounts may be made available for
			 assistance to Haiti unless the Haiti Rebuilding and Development Strategy
			 reports are being submitted to the appropriate congressional committees in
			 accordance with section 5(d)(1).
				(e)Preference for
			 building local capacityIn providing assistance under this Act,
			 the President is encouraged to utilize Haitian firms and community and local
			 nongovernmental organizations, as appropriate.
			(f)Office of the
			 Inspector GeneralOf the amounts appropriated for a fiscal year
			 pursuant to subsection (a), up to $5,000,000 may be made available to the
			 Inspectors General of the Department of State, the United States Agency for
			 International Development, and other relevant agencies to provide audits and
			 program reviews of programs and activities receiving assistance under this
			 Act.


		I
		111th CONGRESS
		1st Session
		H. R. 3723
		IN THE HOUSE OF REPRESENTATIVES

			October 6, 2009
			Mrs. Halvorson
			 introduced the following bill; which was referred to the
			 Committee on Small
			 Business

		A BILL
		To amend the Small Business Act to improve the activities
		  carried out under section 7(a) of such Act, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Small Business Credit Expansion and Loan Markets
			 Stabilization Act of 2009.
		2.Small lender
			 outreach programSection 7(a)
			 of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end
			 the following:

				(34)Small lender
				outreach programThe Administrator shall establish and carry out
				a program to provide support to regional, district, and branch offices of the
				Administration to assist small lenders, who do not participate in the Preferred
				Lenders Program, to participate in the programs under this
				subsection.
				.
		3.Rural lending
			 outreach programSection 7(a)
			 of the Small Business Act (15 U.S.C. 636(a)), as amended by this Act, is
			 further amended by adding at the end the following:

				(35)Rural lending
				outreach program
					(A)In
				generalThe Administrator shall establish and carry out a rural
				lending outreach program (hereinafter referred to in this paragraph as the
				program) to provide loans under this subsection in accordance
				with this paragraph.
					(B)Maximum
				participationA loan under the program shall include the maximum
				participation levels by the Administrator permitted for loans made under this
				subsection.
					(C)Maximum loan
				amountThe maximum amount of
				a loan under the program shall be $250,000.
					(D)Use of rural
				lendersThe program shall be carried out through lenders located
				in a rural area (as such term is defined under subsection (m)(11)(C)) or, if a
				small business concern located in a rural area does not have a lender located
				within 30 miles of the principal place of business of such concern, through any
				lender chosen by such concern that provides loans under this subsection.
					(E)Time for
				approvalThe Administrator shall approve or disapprove a loan
				under the program within 36 hours.
					(F)DocumentationThe
				program shall use abbreviated application and documentation
				requirements.
					(G)Credit
				standardsMinimum credit standards, as the Administrator
				considers necessary to limit the rate of default on loans made under the
				program, shall
				apply.
					.
		4.Community Express
			 Program made permanentSection
			 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended by this Act, is
			 further amended by adding at the end the following:

				(36)Community
				Express Program
					(A)In
				generalThe Administrator shall carry out a Community Express
				Program to provide loans under this subsection in accordance with this
				paragraph.
					(B)RequirementsFor
				a loan made under the Community Express Program, the following shall
				apply:
						(i)The loan shall be
				in an amount not exceeding $250,000.
						(ii)The loan shall be made to a small business
				concern the majority ownership interest of which is directly held by
				individuals the Administrator determines are, without regard to the geographic
				location of such individuals, women, members of qualified Indian tribes,
				socially or economically disadvantaged individuals, veterans, or members of the
				reserve components of the Armed Forces.
						(iii)The loan shall
				comply with the collateral policy of the Administration.
						(iv)The loan shall
				include terms requiring the lender to provide, at the expense of the lender,
				technical assistance to the borrower through the lender or a third-party
				provider.
						(v)The Administrator
				shall approve or disapprove the loan within 36
				hours.
						.
		5.Increased veteran
			 participation program made permanentSection 7(a) of the Small Business Act (15
			 U.S.C. 636(a)), as amended by this Act, is further amended—
			(1)by redesignating
			 the second paragraph (32), as added by section 208 of the Military Reservist
			 and Veteran Small Business Reauthorization and Opportunity Act of 2008 (Public
			 Law 110–186; 122 Stat. 631), as paragraph (33); and
			(2)in paragraph (33),
			 as so redesignated by paragraph (1) of this section—
				(A)by striking
			 pilot program each place it appears and inserting
			 program;
				(B)by striking
			 subparagraphs (C) and (F); and
				(C)by redesignating
			 subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively.
				6.Leasing
			 policySection 7(a) of the
			 Small Business Act (15 U.S.C. 636(a)), as amended by this Act, is further
			 amended by striking paragraph (28) and inserting the following:

				(28)LeasingIf a loan under this subsection is used to
				acquire or construct a facility, the assisted small business concern—
					(A)shall permanently
				occupy and use not less than 50 percent of the space in such facility;
				and
					(B)may, on a temporary or permanent basis,
				lease to others not more than 50 percent of the space in such
				facility.
					.
		7.National lender
			 training programSection 7(a)
			 of the Small Business Act (15 U.S.C. 636(a)), as amended by this Act, is
			 further amended by adding at the end the following:

				(37)National lender
				training program
					(A)In
				generalThe Administrator
				shall establish and carry out, through the regional offices of the
				Administration, a lender training program for new and existing lenders under
				this subsection with respect to the lending systems, policies, and procedures
				of the Administration.
					(B)FeesThe
				Administrator shall charge a fee for the program established under subparagraph
				(A) to reduce the cost of such program to zero.
					(C)LimitationThe
				program established under subparagraph (A) may not be carried out by contract
				with a nongovernmental
				entity.
					.
		8.Applications for
			 repurchase of loansSection
			 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended by this Act, is
			 further amended by adding at the end the following:

				(38)Applications
				for repurchase of loans
					(A)In
				generalNot later than 45
				days after the date of the receipt of a claim from a lender for proper payment
				of the guaranteed portion of a loan under this subsection due to default, the
				Administrator shall make a final determination with respect to the approval or
				denial of such claim.
					(B)Late
				determinationsIf the Administrator does not make a final
				determination under subparagraph (A) in the time period specified in such
				subparagraph, the claim shall be approved and paid
				promptly.
					.
		9.Alternative size
			 standard
			(a)In
			 generalSection 3(a) of the
			 Small Business Act (15 U.S.C. 632(a)) is amended by adding at the end the
			 following:

					(5)In addition to any other size standard
				under this subsection, the Administrator shall establish and permit a lender
				making a loan under section 7(a) to use an alternative size standard. The
				alternative size standard shall be based on factors including the maximum
				tangible net worth and average net income of a business
				concern.
					.
			(b)ApplicabilityUntil the Administrator establishes under
			 section 3(a)(5) of the Small Business Act, as added by subsection (a) of this
			 section, an alternative size standard for use by a lender making a loan under
			 section 7(a) of such Act, the alternative size standard in section 121.301(b)
			 of title 13, Code of Federal Regulations, shall apply in such a case.
			10.Pilot program
			 authoritySection 7(a) of the
			 Small Business Act (15 U.S.C. 636(a)), as amended by this Act, is further
			 amended by striking paragraph (25) and inserting the following:

				(25)Limitation on
				conducting pilot projects
					(A)Limitation on
				numberNot more than 10
				percent of the total number of loans guaranteed in any fiscal year under this
				subsection may be awarded as part of a pilot program.
					(B)Dollar
				limitations
						(i)In
				generalWith respect to any
				pilot program under this subsection established on or after the date of the
				enactment of the Small Business Credit Expansion and Loan Markets Stabilization
				Act of 2009, no loan shall be made under such program if such loan would result
				in the total amount of loans made during a fiscal year under all such programs
				to be in excess of 5 percent of the total amount of loans guaranteed in such
				fiscal year under this subsection.
						(ii)Certain
				pre-existing programsWith
				respect to any pilot program under this subsection established before the date
				of the enactment of the Small Business Credit Expansion and Loan Markets
				Stabilization Act of 2009, no loan shall be made under such program if such
				loan would result in the total amount of loans made during a fiscal year under
				all such programs to be in excess of 10 percent of the total amount of loans
				guaranteed in such fiscal year under this subsection.
						(C)Expiration
						(i)In
				generalExcept as provided in clause (iii), the duration of any
				pilot program under this subsection may not exceed 3 years.
						(ii)Designation as
				new programFor purposes of this subparagraph, a pilot program
				shall not be treated as a new pilot program solely on the basis of a
				modification or change in the pilot program, including the change of its
				name.
						(iii)Existing
				programsWith respect to any
				pilot program in existence on the date of the enactment of the Small Business
				Credit Expansion and Loan Markets Stabilization Act of 2009, such program may
				continue in effect for a period not exceeding 3 years after such date without
				regard to the duration of such program before such date.
						(D)Regulations
						(i)In
				generalWith respect to each
				pilot program under this subsection, including each pilot program in existence
				on the date of the enactment of the Small Business Credit Expansion and Loan
				Markets Stabilization Act of 2009, the Administrator shall—
							(I)issue regulations for such program after
				providing notice in the Federal Register and an opportunity for comment;
				and
							(II)ensure that such
				regulations are published in the Code of Federal Regulations.
							(ii)Pilot programs
				established after date of enactmentWith respect to any pilot program
				established after the date of the enactment of the Small Business Credit
				Expansion and Loan Markets Stabilization Act of 2009, such program shall not
				take effect until the requirements under this subparagraph are
				satisfied.
						(E)Repeal of
				authority to waive certain rules
						(i)In
				generalNotwithstanding section 120.3 of title 13, Code of
				Federal Regulations, the Administrator may not from time to time suspend,
				modify, or waive rules for a limited period of time to test new programs or
				ideas with respect to this subsection, unless such suspension, modification, or
				waiver is explicitly authorized by Act of Congress.
						(ii)Existing pilot
				programsNothing under clause
				(i) may be construed to affect a pilot program in existence on the date of the
				enactment of the Small Business Credit Expansion and Loan Markets Stabilization
				Act of 2009.
						(F)Pilot
				programFor purposes of this paragraph, the term pilot
				program means any lending program initiative, project, innovation, or
				other activity not specifically authorized by Act of
				Congress.
					.
		11.Loans to
			 cooperativesSection 7(a) of
			 the Small Business Act (15 U.S.C. 636(a)), as amended by this Act, is further
			 amended by adding at the end the following:

				(39)CooperativesThe Administration may provide loans under
				this subsection to any cooperative that—
					(A)is not organized
				as a tax exempt entity;
					(B)is engaged in a
				legal business activity;
					(C)obtains financial
				benefits for the cooperative and for the members of such cooperative;
				and
					(D)is eligible under
				applicable size standards of the Administration, including that any business
				entity that is a member of such cooperative is eligible under applicable size
				standards of the
				Administration.
					.
		12.Capital backstop
			 programSection 7(a) of the
			 Small Business Act (15 U.S.C. 636(a)), as amended by this Act, is further
			 amended by adding at the end the following:

				(40)Capital
				backstop program
					(A)In
				generalThe Administrator shall establish a process under which a
				small business concern may submit an application to the Administrator for the
				purpose of securing a loan under this subsection. With respect to such
				application, the Administrator shall collect all information necessary to
				determine the creditworthiness and repayment ability of an applicant and shall
				determine if such application meets basic eligibility and credit standards for
				a loan under this subsection.
					(B)Participation of
				lenders
						(i)In
				generalThe Administrator shall establish a process under which
				the Administrator makes available to lenders each loan application submitted
				and determined to meet basic eligibility and credit standards under
				subparagraph (A) for the purpose of such lenders originating, underwriting,
				closing, and servicing the loan for which the applicant applied.
						(ii)EligibilityLenders
				are eligible to receive a loan application described in clause (i) if they
				participate in the programs established under this subsection.
						(iii)Local
				lendersThe Administrator
				shall first make available a loan application described in clause (i) to
				lenders within 100 miles of the principal office of the loan applicant.
						(iv)Preferred
				lendersIf a lender described
				in clause (iii) does not agree to originate, underwrite, close, and service the
				loan applied for within 5 business days of receiving a loan application
				described in clause (i), the Administrator shall subsequently make available
				such loan application to lenders in the Preferred Lenders Program under
				paragraph (2)(C)(ii) of this subsection.
						(v)Authority of
				Administration to lendIf a
				lender described in clauses (iii) or (iv) does not agree to originate,
				underwrite, close, and service the loan applied for within 10 business days of
				receiving a loan application described in clause (i), the Administrator shall
				originate, underwrite, close, and service such loan.
						(C)Asset
				salesThe Administrator shall
				offer to sell loans made by the Administrator under this paragraph. Such sales
				shall be made through the semi-annual public solicitation (in the Federal
				Register and in other media) of offers to purchase. The Administrator may
				contract with vendors for due diligence, asset valuation, and other services
				related to such sales. The Administrator may not sell any loan under this
				subparagraph for less than 90 percent of the net present value of the loan, as
				determined and certified by a qualified third party.
					(D)Loans not
				soldThe Administrator shall
				maintain and service loans made by the Administrator under this paragraph that
				are not sold through the asset sales under this paragraph.
					(E)Effective
				datesThis paragraph shall
				have effect on a date if—
						(i)such date occurs
				during a period that—
							(I)begins on the date
				the Bureau of Economic Analysis, or any successor organization, makes a
				determination that the gross domestic product of the United States has
				decreased for three consecutive quarters; and
							(II)ends on the date
				the Bureau of Economic Analysis, or any successor organization, makes a
				determination that the gross domestic product of the United States has
				increased for two consecutive quarters; and
							(ii)the number of
				loans provided under this subsection prior to such date in the fiscal year
				including such date is at least 30 percent less than the number of such loans
				provided prior to the same point in the previous fiscal year.
						(F)ImplementationThe
				Administrator shall establish a group of at least 250 individuals available to
				carry out activities under this paragraph on any date on which this paragraph
				has effect under subparagraph (E). The Administrator shall provide to such
				group the training necessary to carry out activities under this
				paragraph.
					(G)Application of
				other lawNothing in this
				paragraph shall be construed to exempt any activity of the Administrator under
				this paragraph from the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et
				seq.).
					(H)Authorization of
				appropriationsIn addition to amounts made available to carry out
				this subsection, there are authorized to be appropriated such sums as may be
				necessary to carry out this
				paragraph.
					.
		13.Loans to finance
			 goodwillSection 7(a) of the
			 Small Business Act (15 U.S.C. 636(a)), as amended by this Act, is further
			 amended by adding at the end the following:

				(41)GoodwillThe Administrator may not apply an
				application, processing, or approval standard to a loan for the purpose of
				financing goodwill under this subsection, unless such standard applies to all
				loans under this subsection.
				.
		14.Appellate
			 process and ombudsmanThe
			 Small Business Act (15 U.S.C. 631 et seq.) is amended—
			(1)by redesignating
			 section 44 as section 45; and
			(2)by inserting after
			 section 43 the following:

					44.Appellate
				process and ombudsman
						(a)Appellate
				process
							(1)In
				generalNot later than 270 days after the date of the enactment
				of the Small Business Credit Expansion and Loan Markets Stabilization Act of
				2009, the Administrator shall establish an independent appellate process within
				the Administration. The process shall be available to review material
				determinations made by the Administration that affect a lender or investment
				company that participates or is applying to participate in a program
				administered by the Administration.
							(2)Review
				processIn establishing the
				independent appellate process under paragraph (1), The Administrator shall
				ensure that—
								(A)any appeal of a
				material determination by the Administration is heard and resulting
				recommendations are provided expeditiously; and
								(B)appropriate
				safeguards exist for protecting the appellant from retaliation by
				Administration employees.
								(3)Comment
				periodNot later than 180
				days after the date of the enactment of the Small Business Credit Expansion and
				Loan Markets Stabilization Act of 2009, the Administrator shall provide an
				opportunity for notice and comment on proposed guidelines for the establishment
				of an independent appellate process under this section.
							(b)Agency
				Ombudsman
							(1)EstablishmentNot later than 180 days after the date of
				the enactment of the Small Business Credit Expansion and Loan Markets
				Stabilization Act of 2009, the Administrator shall appoint an ombudsman.
							(2)DutiesThe ombudsman appointed in accordance with
				paragraph (1) shall—
								(A)act as a liaison
				between the Administration and any lender or investment company that
				participates or is applying to participate in a program administered by the
				Administration with respect to a problem such entity may have in dealing with
				the Administration resulting from a material determination made by the
				Administration; and
								(B)ensure that
				safeguards exist to encourage complainants to come forward and preserve
				confidentiality.
								(c)Other
				authorityAn individual
				carrying out the independent appellate process established under subsection (a)
				or the position of ombudsman established under subsection (b) is authorized
				to—
							(1)examine records
				and documents relating to a matter under review pursuant to such subsections;
				and
							(2)initiate the
				review of a matter under such subsections if such individual believes that
				Administration procedures have not been followed as intended with respect to
				such matter, without regard to whether an appeal or complaint has been made.
							(d)Limitations
							(1)In
				generalAn individual
				carrying out the independent appellate process established under subsection (a)
				or the position of ombudsman established under subsection (b) may not, as a
				result of the authority provided under this section—
								(A)make, change, or
				set aside a law, policy, or administrative decision;
								(B)make binding
				decisions or determine rights;
								(C)directly compel an
				entity to implement the recommendations of such individual; or
								(D)accept
				jurisdiction over an issue that is pending in a legal forum.
								(2)Rule of
				constructionActivities
				carried out under this section may not be construed—
								(A)as a formal
				investigation, formal hearing, or binding decision;
								(B)as limiting any
				remedy or right of appeal;
								(C)as affecting any procedure concerning
				grievances, appeals, or administrative matters under law; or
								(D)as a substitute
				for an administrative or judicial proceeding.
								(e)ReportNot later than one year after the date of
				the enactment of the Small Business Credit Expansion and Loan Markets
				Stabilization Act of 2009 and annually thereafter, the Administrator shall
				submit to the Committee on Small Business of the House of Representatives and
				the Committee on Small Business and Entrepreneurship of the Senate a report
				describing and providing the status of appeals made under subsection (a) and
				complaints made under subsection (b).
						(f)DefinitionsIn
				this section, the following apply:
							(1)Material
				determinationThe term material determination
				includes determinations relating to—
								(A)applications for
				payment relating to a loan guarantee; and
								(B)the ability of an
				entity to participate in an Administration loan or investing program.
								(2)Independent
				appellate processThe term independent appellate
				process means a review by an Administration official who does not
				directly or indirectly report to the Administration official who made the
				material determination under
				review.
							.
			15.Extension of
			 recovery and relief loan benefits
			(a)Fee
			 reductionsSection 501 of
			 title V of division A of the American Recovery and Reinvestment Act of 2009
			 (Public Law 111–5) is amended—
				(1)in subsection (a)
			 by striking September 30, 2010 and inserting September
			 30, 2011; and
				(2)in subsection (c)
			 by striking paragraph (2).
				(b)Economic
			 stimulus lending program for small businessesSection 502(f) of title V of division A of
			 the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) is
			 amended by striking the date 12 months after the date of enactment of
			 this Act and inserting September 30, 2011.
			16.Reduced
			 documentation for business stabilization loansSection 506(a) of title V of division A of
			 the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) is
			 amended by adding at the end the following: In carrying out such
			 program, the Administrator shall establish and utilize a one-page application
			 for loans under this section and shall authorize lenders to utilize the same
			 documentation and procedural requirements for loans under this section as such
			 lenders utilize for other loans of a similar size and type..
		17.Expanded
			 eligibility for business stabilization loansSection 506(c) of title V of division A of
			 the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) is
			 amended by striking but shall not include and all that follows
			 through enactment of this Act.
		18.Increased amount
			 of business stabilization loansSection 506(d) of title V of division A of
			 the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) is
			 amended by striking $35,000 and inserting
			 $50,000.
		19.Extension of
			 business stabilization loansSection 506(j) of title V of division A of
			 the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) is
			 amended by striking September 30, 2010 and inserting
			 September 30, 2011.
		20.SBA secondary
			 market lending authority made permanentSection 509 of title V of division A of the
			 American Recovery and Reinvestment Act of 2009 (Public Law 111–5) is
			 amended—
			(1)by striking
			 subsection (e); and
			(2)by redesignating
			 subsections (f), (h), and (i) as subsections (e), (f), and (g),
			 respectively.
			21.SBA secondary
			 market lending authority expandedSection 509 of title V of division A of the
			 American Recovery and Reinvestment Act of 2009 (Public Law 111–5), as amended
			 by this Act, is further amended—
			(1)in subsection
			 (c)(1) by adding at the end the following: Such process shall include
			 the designation of each lender participating in a program under section 7(a) of
			 the Small Business Act as a Systematically Important Secondary Market
			 Broker-Dealer for purposes of this section.; and
			(2)in subsection (e),
			 as so redesignated by section 20 of this Act, by adding at the end the
			 following: To the extent that the cost of an elimination or reduction of
			 fees is offset by appropriations, the Administrator shall in lieu of the fee
			 otherwise applicable under this subsection collect no fee or reduce fees to the
			 maximum extent possible..
			22.Increased loan
			 limitsSection 7(a) of the
			 Small Business Act (15 U.S.C. 636(a)), as amended by this Act, is further
			 amended—
			(1)in paragraph
			 (2)(A)—
				(A)in clause
			 (i)—
					(i)by
			 inserting after $150,000 the following: and is less than
			 or equal to $2,000,000; and
					(ii)by
			 striking or at the end;
					(B)in clause (ii) by
			 striking the period at the end and inserting ; or; and
				(C)by adding at the
			 end the following:

						(iii)50 percent of the balance of the financing
				outstanding at the time of disbursement of the loan, if such balance exceeds
				$2,000,000.
						;
				and
				(2)in paragraph
			 (3)(A) by striking $2,000,000 and inserting
			 $3,000,000.
			23.Real estate
			 appraisalsSection 7(a)(29) of
			 the Small Business Act (15 U.S.C. 636(a)(29)) is amended—
			(1)in the matter
			 preceding subparagraph (A) by striking a State licensed or certified
			 appraiser and inserting an appraiser licensed or certified by
			 the State in which such property is located;
			(2)in subparagraph
			 (A) by striking $250,000 and inserting $400,000;
			 and
			(3)in subparagraph
			 (B) by striking $250,000 and inserting
			 $400,000.
			24.Additional
			 support for Express Loan ProgramSection 7(a)(18)(B) of the Small Business
			 Act (15 U.S.C. 636(a)(18)(B)) is amended by adding after under
			 subparagraph (A)(i) the following: , except that a lender making
			 a loan under paragraph (31) may not retain any percentage of a fee collected
			 under such subparagraph.
		25.Authorization of
			 appropriationsSection 20 of
			 the Small Business Act (15 U.S.C. 631 note) is amended by inserting after
			 subsection (e) the following:

				(f)Fiscal years
				2010 and 2011
					(1)Program
				levelsFor the programs
				authorized by this Act, in each of fiscal years 2010 and 2011 commitments for
				general business loans authorized under section 7(a) may not exceed
				$20,000,000,000.
					(2)Authorization of
				appropriationsThere are authorized to be appropriated such sums
				as may be necessary to carry out paragraph (1).
					.
		26.RegulationsAfter an opportunity for notice and comment,
			 but not later than 180 days after the date of the enactment of this Act, the
			 Administrator shall issue regulations to carry out this Act and the amendments
			 made by this Act.


 HCON 354 ENR: Recognizing the 100th birthday of Lyndon Baines Johnson, 36th President, designer of the Great Society, politician, educator, and civil rights enforcer.
U.S. House of Representatives
2008-05-20
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.

IV
One Hundred Tenth Congress of the United States of America
At the Second SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and eight
H. CON. RES. 354

May 20, 2008
Agreed to

CONCURRENT RESOLUTION
Recognizing the 100th birthday of Lyndon Baines Johnson, 36th President, designer of the Great Society, politician, educator, and civil rights enforcer.

Whereas August 27, 2008, marks the 100th birthday of Lyndon Baines Johnson;  Whereas Lyndon B. Johnson was born in Stonewall, Texas, to Samuel Ealy Johnson, Jr., a Texas representative, and Rebekah Baines, on August 27, 1908;
Whereas upon graduation, Lyndon B. Johnson enrolled in Southwest Texas State Teachers’ College, where he vigorously participated in debate, campus politics, and edited the school newspaper;  Whereas Lyndon B. Johnson had several teaching positions throughout Texas, including at the Welhausen School in La Salle County, at Pearsall High School, and as a public speaking teacher at Sam Houston High School in Houston;
Whereas Lyndon B. Johnson went to work as a congressional assistant at the age of 23;  Whereas Lyndon B. Johnson served the 10th Congressional District in the Texas House of Representatives from April 10, 1937, to January 3, 1949;
Whereas Lyndon B. Johnson became a commissioned officer in the Navy Reserves in December 1941;  Whereas during World War II, Lyndon B. Johnson was recommended by Undersecretary of the Navy James Forrestal to President Franklin D. Roosevelt, who assigned Johnson to a three-man survey team in the southwest Pacific;
Whereas Lyndon B. Johnson was conferred the Silver Star, which is the military’s third highest medal, by General Douglas MacArthur;  Whereas in 1948, Lyndon B. Johnson was elected to the Senate at the age of 41;
Whereas in 1951, Lyndon B. Johnson was elected Senate minority leader at the age of 44 and elected Senate majority leader at the age of 46, the youngest in our history;  Whereas Lyndon B. Johnson was elected Vice President at the age of 52, becoming president of the Senate;
Whereas Lyndon B. Johnson’s congressional career and his leadership spanned the stock market crash, the Great Depression, World War II, the nuclear age, the Cold War, the space age, and the civil rights movement, some of the most turbulent years in American history;  Whereas Vice President Lyndon B. Johnson was appointed as head of the President’s Committee on Equal Employment Opportunities, through which he worked with African Americans and other minorities;
Whereas an hour and 38 minutes after the assassination of President Kennedy, Lyndon B. Johnson was sworn in as President aboard Air Force One;  Whereas Lyndon B. Johnson was a bold leader;
Whereas as President, Lyndon B. Johnson believed that government could guarantee human rights, could lift people out of poverty, and provide access to quality education and health care throughout the Nation;  Whereas Lyndon B. Johnson was an idealist, a force of nature, and had the energy and determination and leadership to turn those dreams into reality;
Whereas Lyndon B. Johnson was a “can-do” President because no matter how difficult and daunting the task at hand, he never rested until it was completed;  Whereas in 1964, the Johnson Administration passed the landmark Civil Rights Act of 1964, which banned de jure segregation in the Nation’s schools and public places;
Whereas the Johnson Administration passed the Voting Rights Act of 1965, which outlawed obstructive provisions that were rendered impractical and impartial to potential voters;  Whereas in January of 1965, the Johnson Administration introduced the Great Society, which included provisions for aid to education, Medicare, urban renewal, beautification, conservation, the development of depressed regions, a wide-scale fight against poverty, and the removal of obstacles to the right to vote;
Whereas in 1967, President Johnson nominated Thurgood Marshall as the first African-American to serve on the Supreme Court;  Whereas during Johnson’s presidency, the National Aeronautics and Space Administration made spectacular steps forward in space exploration when 3 astronauts successfully orbited the moon in December 1968;
Whereas Lyndon B. Johnson died at 4:33 p.m. on January 22, 1973, at his ranch in Johnson City, Texas, at the age of 64;  Whereas Lyndon B. Johnson was posthumously awarded the Presidential Medal of Freedom in 1980;
Whereas Lyndon B. Johnson is honored, venerated, and revered for his drive to establish equality for all Americans, illustrated in the momentous legislation passed during his Administration;  Whereas Congress recognizes the 100th birthday of Lyndon B. Johnson, the 36th president;
Whereas Congress extols the contributions of Lyndon B. Johnson to the United States and his commitment to the War on Poverty through the Economic Opportunity Act;  Whereas Congress commends Lyndon B. Johnson for establishing the Medicare Act of 1965 that has helped millions of Americans; and
Whereas Congress requests that the President issue a proclamation calling upon the American people to observe the Centennial Celebration of Lyndon B. Johnson and his can-do spirit with appropriate ceremonies, programs, and activities: Now, therefore, be it   That the Congress—
(1)reaffirms its support for the Civil Rights Act of 1964 and the Voting Rights Act of 1965;  (2)recognizes the significance of the Voting Rights Act of 1965; and
(3)honors Lyndon B. Johnson for his work as a civil rights enforcer.     Clerk of the House of Representatives.   Secretary of the Senate.


113 HR 3908 IH: Byrne/JAG Program Accountability Act
U.S. House of Representatives
2014-01-16
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.

I113th CONGRESS2d SessionH. R. 3908IN THE HOUSE OF REPRESENTATIVESJanuary 16, 2014Mr. Cohen introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to provide for improvements under the Edward Byrne Memorial Justice Assistance Grant Program to reduce racial and ethnic disparities in the criminal justice system.1.Short titleThis Act may be cited as the Byrne/JAG Program Accountability Act.2.Improvements under the Edward Byrne Memorial Justice Assistance Grant Program to reduce racial and ethnic disparities in the criminal justice systemSection 501 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751) is amended by adding at the end the following new subsection:(h)Racial disparities practicesFor years beginning after the date of the enactment of the Byrne/JAG Program Accountability Act, States and units of local government receiving funds under this subpart shall implement policy, practice, and system improvement strategies at the State, local, and tribal levels, as applicable, to identify and reduce racial and ethnic disparities among individuals who come into contact with or are under the supervision of the criminal justice system, without establishing or requiring numerical standards or quotas, through each of the following methods:(1)Establishing coordinating bodies, composed of criminal justice stakeholders at the State, local, or tribal levels, as applicable, to oversee and monitor efforts by such States, unit of local government, or Indian tribe to reduce racial and ethnic disparities.(2)Identifying and analyzing key decision points in the criminal justice system of the State, unit of local government, or Indian tribe, as applicable, to determine which points create racial and ethnic disparities among those who come into contact with the justice system.(3)Developing and implementing data collection and analysis systems to identify where racial and ethnic disparities exist in the criminal justice system and to track and analyze such disparities.(4)Developing and implementing a work plan that includes measurable objectives for policy practice or other system changes, based on the needs identified in the data collection and analysis under paragraphs (2) and (3).(5)Publicly reporting, on an annual basis, the efforts made in accordance with paragraphs (2), (3), and (4) during the previous year..


I115th CONGRESS1st SessionH. R. 2253IN THE HOUSE OF REPRESENTATIVESApril 28, 2017Mr. Serrano introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide a business credit relating to the use of
			 clean-fuel and fuel efficient vehicles by businesses within areas
			 designated as nonattainment areas under the Clean Air Act, and for other
			 purposes.

		1.Short titleThis Act may be cited as the Clean Vehicles Incentive Act of 2017.
		2.Clean-fuel credit with respect to businesses located in nonattainment areas
			(a)In generalSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to
			 business-related credits) is amended by adding at the end the following
			 new section:

					45S.Clean-fuel credit with respect to businesses located in nonattainment areas
						(a)In generalFor purposes of section 38, in the case of an eligible business the clean-fuel credit determined
			 under this section for the taxable year is the sum of—
							(1)the clean-fuel property credit, plus
							(2)the clean-burning fuel use credit.
							(b)Clean-Fuel property credit
							(1)In generalThe clean-fuel property credit is the sum of—
								(A)qualified vehicle property costs, plus
								(B)qualified refueling property costs.
								(2)Qualified vehicle property costs
								(A)In generalFor purposes of paragraph (1), the term qualified vehicle property costs means the amount paid or incurred by the eligible business for qualified clean-fuel vehicle
			 property which is placed in service during the taxable year by the
			 eligible business and substantially all of the use of which is in a
			 nonattainment area.
								(B)LimitationThe amount which may be taken into account under subparagraph (A) with respect to any motor vehicle
			 shall not exceed—
									(i)$8,000, in the case of a motor vehicle with a gross vehicle weight rating of not more than 8,500
			 pounds,
									(ii)$20,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 8,500
			 pounds but not more than 14,000 pounds,
									(iii)$40,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 14,000
			 pounds but not more than 26,000 pounds, and
									(iv)$80,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 26,000
			 pounds.
									(C)Qualified clean-fuel vehicle propertyThe term qualified clean-fuel vehicle property shall have the meaning given to such term by section 179A(c) (as in effect before its repeal by
			 Public Law 113–295 and without regard to paragraphs (1)(A) and (3)
			 thereof), except that such term does not include property that is a motor
			 vehicle propelled by a fuel that is not a clean-burning fuel.
								(3)Qualified refueling property costs
								(A)In generalFor purposes of paragraph (1), the term qualified refueling property costs means amounts paid or incurred by the eligible business for qualified clean-fuel vehicle refueling
			 property (as defined by section 179A(d) (as in effect before its repeal by
			 Public Law 113–295)) which is placed in service in a nonattainment area
			 during the taxable year by the eligible business.
								(B)Limitation
									(i)In generalThe aggregate cost which may be taken into account under subparagraph (A) with respect to qualified
			 clean-fuel vehicle refueling property placed in service by the eligible
			 business during the taxable year at a location shall not exceed the lesser
			 of—
										(I)$150,000, or
										(II)the cost of such property reduced by the amount described in clause (ii).
										(ii)Reduction for amounts previously taken into accountFor purposes of clause (i)(II), the amount described in this clause is the sum of—
										(I)the aggregate amount taken into account under paragraph (1)(B) for all preceding taxable years, and
										(II)the aggregate amount taken into account under section 179A(a)(1)(B) (as in effect before its repeal
			 by Public Law 113–295) by the taxpayer (or any related person or
			 predecessor) with respect to property placed in service at such location
			 for all preceding taxable years.
										(iii)Special rulesFor purposes of this subparagraph, the provisions of subparagraphs (B) and (C) of section
			 179A(b)(2) (as in effect before its repeal by Public Law 113–295) shall
			 apply.
									(c)Clean-Burning fuel use credit
							(1)In generalFor purposes of subsection (a), the clean-burning fuel use credit is the amount equal to 50 cents
			 for each gasoline gallon equivalent of clean-burning fuel used by an
			 eligible business during the taxable year to propel qualified clean-fuel
			 vehicle property.
							(2)Clean-burning fuelFor purposes of paragraph (1), the term clean-burning fuel has the meaning given to such term by section 179A (as in effect before its repeal by Public Law
			 113–295), except that such term includes compressed natural gas and
			 biodiesel (as defined by section 40A(d)(1)).
							(3)Gasoline gallon equivalentFor purposes of paragraph (1), the term gasoline gallon equivalent means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such
			 fuel having a Btu content of 114,000.
							(d)Other definitionsFor purposes of this section—
							(1)Eligible businessThe term eligible business means—
								(A)a qualified business entity or a qualified proprietorship (as such terms are defined by section
			 1397C, determined by substituting nonattainment area for empowerment zone and enterprise zone each place it appears), and
								(B)a trade or business located outside of a nonattainment area, but only with respect to qualified
			 clean-fuel vehicle property used substantially within a nonattainment
			 area.
								(2)Nonattainment areaThe term nonattainment area shall have the meaning given to such term by section 171 of the Clean Air Act (42 U.S.C. 7501).
							(e)Denial of double benefitExcept as provided in section 30B(d)(4), no credit shall be allowed under subsection (a) for any
			 expense for which a deduction or credit is allowed under any other
			 provision of this chapter.
						(f)RecaptureThe Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable
			 under subsection (a) with respect to any property substantially all of the
			 use of which is not in a nonattainment area..
			(b)Credit made part of general business creditSubsection (b) of section 38 of such Code (relating to current year business credit) is amended by
			 striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus, and by adding at the end thereof the following new paragraph:

					(37)the clean-fuel credit determined under section 45S..
			(c)Denial of double benefitSection 280C of such Code (relating to certain expenses for which credits are allowable) is amended
			 by adding at the end thereof the following new subsection:

					(j)Zone clean fuels expensesNo deduction shall be allowed for that portion of expenses for clean-burning fuel otherwise
			 allowable as a deduction for the taxable year which is equal to the amount
			 of the credit determined for such taxable year under section 45S..
			(d)Credit allowed against regular and minimum taxSubparagraph (B) of section 38(c)(4) of such Code (relating to specified credits) is amended by
			 striking and at the end of clause (x), by striking the period at the end of clause (xi) and inserting , and, and by inserting after clause (xi) the following:

					(xii)the credit determined under section 45S..
			(e)Deduction for certain unused business creditsSubsection (c) of section 196 of such Code is amended by striking and at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting , and, and by adding after paragraph (14) the following new paragraph:

					(15)the clean fuels credit determined under section 45S..
			(f)Conforming amendmentThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended
			 by inserting after the item relating to section 45R the following new
			 item:

						Sec. 45S. Clean-fuel credit with respect to businesses located in nonattainment areas..
			(g)Effective dateThe amendments made by this section shall apply to property placed in service after December 31,
			 2016.
			3.Credit for hybrid vehicles placed in service in nonattainment areas
			(a)In generalSubsection (d) of section 30B of the Internal Revenue Code of 1986 is amended by adding at the end
			 the following new paragraph:

					(4)Vehicles placed in service in nonattainment area after 2016
						(A)In generalNo amount shall be allowed as a credit determined under this subsection for any taxable year
			 beginning after 2016 with respect to a new qualified hybrid motor vehicle
			 unless such vehicle is placed in service by an eligible business and
			 substantially all of the use of which is in a nonattainment area.
						(B)RecaptureThe Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable
			 under subsection (a) by reason of subparagraph (A) with respect to any
			 property substantially all of the use of which is not in a nonattainment
			 area.
						(C)Phaseout not to applyFor purposes of this subsection, subsection (f) shall not apply.
						(D)DefinitionsFor purposes of this subsection, the terms eligible business and nonattainment area have the meanings given such terms by section 45S(d)..
			(b)Extension of credit for hybrid vehicles placed in service in nonattainment areasParagraph (3) of section 30(k) of such Code is amended to read as follows:

					(3)in the case of a new qualified hybrid motor vehicle (as described in subsection (d)(2)(B))—
						(A)December 31, 2009, and before January 1, 2017, or
						(B)December 31, 2016, and before January 1, 2022..
			(c)Effective dateThe amendments made by this section shall apply to property placed in service after December 31,
			 2016.