		I
		111th CONGRESS
		1st Session
		H. R. 2521
		IN THE HOUSE OF REPRESENTATIVES

			May 20, 2009
			Ms. DeLauro (for
			 herself, Mr. Ellison,
			 Mr. Israel,
			 Mr. Weiner,
			 Ms. Bordallo,
			 Ms. Hirono,
			 Mr. Delahunt,
			 Ms. Sutton,
			 Mr. Ryan of Ohio,
			 Mr. Welch,
			 Ms. Woolsey,
			 Mr. McGovern,
			 Ms. Schakowsky,
			 Mr. Driehaus,
			 Mr. McDermott,
			 Ms. Berkley,
			 Mr. Massa,
			 Mr. Courtney,
			 Mr. Blumenauer,
			 Mr. Frank of Massachusetts,
			 Ms. Moore of Wisconsin,
			 Mr. Van Hollen,
			 Mr. Etheridge,
			 Mr. Fattah,
			 Mr. Yarmuth,
			 Mr. Larson of Connecticut, and
			 Mr. Farr) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce, and in addition to the Committees on
			 Transportation and
			 Infrastructure and Financial Services, for a period to be
			 subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To facilitate efficient investments and financing of
		  infrastructure projects and new job creation through the establishment of a
		  National Infrastructure Development Bank, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 National Infrastructure Development
			 Bank Act of 2009.
		2.FindingsCongress finds the following:
			(1)According to the
			 American Society of Civil Engineers, the current condition of the
			 infrastructure in the United States earns a grade point average of D, and an
			 estimated $2,200,000,000,000 investment is needed over the next 5 years to meet
			 adequate conditions.
			(2)According to the
			 National Surface Transportation Policy and Revenue Study Commission,
			 $225,000,000,000 is needed annually from all sources for the next 50 years to
			 upgrade our surface transportation system to a state of good repair and create
			 a more advanced system.
			(3)According to the
			 Federal Highway Administration up to $131,700,000,000 must be invested annually
			 for a 20-year period to improve bridge efficiencies and the physical condition
			 and operational performance of the highway system of the United States.
			(4)According to the
			 Federal Transit Administration, up to $21,800,000,000 must be invested annually
			 for a 20-year period to improve conditions and performance of the major transit
			 systems of the United States.
			(5)The Environmental
			 Protection Agency projects that—
				(A)$183,600,000,000
			 is needed for installation and maintenance of drinking water transmission and
			 distribution systems through 2022; and
				(B)$202,500,000,000
			 is needed for publicly owned wastewater systems-related infrastructure needs
			 through 2024.
				(6)According to the
			 Edison Electric Institute, to maintain current levels of service given expected
			 growth in demand, electric utilities need to invest an annual average
			 of—
				(A)$28,000,000,000
			 for generation;
				(B)$12,000,000,000
			 for transmission; and
				(C)$34,000,000,000 for
			 distribution of electricity.
				(7)According to the
			 American Council on Renewable Energy, renewable energy could provide up to 635
			 gigawatts of new electricity generating capacity by 2025—a substantial
			 contribution and potentially more than the Nation’s need for new capacity,
			 according to the United States Energy Information Administration.
			(8)According to the
			 United States Green Building Council, United States buildings account for 38.9
			 percent of primary energy use, 38 percent of carbon emissions, and 72 percent
			 of electricity consumption.
			(9)There are over 1,200,000 units of public
			 housing nationwide, with an accumulated capital needs backlog of approximately
			 $18,000,000,000, with an additional $2,000,000,000 accruing each year.
			(10)According to the
			 Organization for Economic Cooperation and Development (OECD), the United States
			 ranks 15th among OECD nations in broadband access per 100 inhabitants.
			(11)Although grant
			 programs of the Government must continue to play a central role in financing
			 the transportation, environment, energy, and telecommunications infrastructure
			 needs of the United States, current and foreseeable demands on existing
			 Federal, State, and local funding for infrastructure expansion exceed the
			 resources to support these programs by margins wide enough to prompt serious
			 concerns about the United States’ ability to sustain long-term economic
			 development, productivity, and international competitiveness.
			(12)The capital
			 markets, including central banks, pension funds, financial institutions,
			 sovereign wealth funds and insurance companies, have a growing interest in
			 infrastructure investment. The establishment of a United States
			 Government-owned institution that would provide this investment opportunity
			 through high quality bond issues that would be used to finance qualifying
			 infrastructure projects would attract needed capital for United States
			 infrastructure development.
			3.DefinitionsFor purposes of this Act, the following
			 definitions apply unless the context requires otherwise:
			(1)BankThe
			 term Bank means the National Infrastructure Development Bank
			 established under section 4(a).
			(2)BoardThe
			 term Board means the National Infrastructure Development Bank
			 Board.
			(3)Chief asset and
			 liability management officerThe term chief asset and
			 liability management officer means the chief individual responsible for
			 coordinating the management of assets and liabilities of the Bank.
			(4)Chief compliance
			 officerThe term chief compliance officer or CCO
			 means the chief individual responsible for overseeing and managing the
			 compliance and regulatory affairs issues of the Bank.
			(5)Chief financial
			 officerThe term chief financial officer or CFO
			 means the chief individual responsible for managing the financial risks,
			 planning, and reporting of the Bank.
			(6)Chief loan
			 origination officerThe term chief loan origination
			 officer means the chief individual responsible for the processing of
			 new loans provided by the Bank.
			(7)Chief operations
			 officerThe term chief operations officer or COO
			 means the chief individual responsible for information technology and the day
			 to day operations of the Bank.
			(8)Chief risk
			 officerThe term chief risk officer or CRO means
			 the chief individual responsible for managing operational and
			 compliance-related risks of the Bank.
			(9)Chief treasury
			 officerThe term chief treasury officer means the
			 chief individual responsible for managing the Bank’s treasury
			 operations.
			(10)DevelopmentThe
			 terms development and develop mean, with respect
			 to an infrastructure project, any—
				(A)preconstruction
			 planning, feasibility review, permitting, design work, and other
			 preconstruction activities; and
				(B)construction,
			 reconstruction, rehabilitation, replacement, or expansion.
				(11)Disadvantaged
			 communityThe term disadvantaged community means a
			 community with a median household income of less than 80 percent of the
			 statewide median household income for the State in which the community is
			 located.
			(12)Energy
			 infrastructure projectThe term energy infrastructure
			 project means any project for energy transmission, energy efficiency
			 enhancement for buildings, public housing, and schools, renewable energy, and
			 energy storage.
			(13)EntityThe term entity means an
			 individual, corporation, partnership (including a public-private partnership),
			 joint venture, trust, and a State or other governmental entity, including a
			 political subdivision or any other instrumentality of a State or a revolving
			 fund.
			(14)Environmental
			 infrastructure projectThe term environmental
			 infrastructure project means any project for the establishment,
			 maintenance, or enhancement of any drinking water and wastewater treatment
			 facility, storm water management system, dam, levee, open space management
			 system, solid waste disposal facility, hazardous waste facility, or industrial
			 site cleanup.
			(15)Executive
			 directorThe term executive director means the
			 individual serving as the chief executive officer of the Bank.
			(16)General
			 counselThe term general counsel means the
			 individual who serves as the chief lawyer for the Bank.
			(17)Infrastructure
			 projectThe term infrastructure project means any
			 energy, environmental, telecommunications, or transportation infrastructure
			 project.
			(18)Public benefit
			 bondThe term public
			 benefit bond means a bond issued with respect to an infrastructure
			 project in accordance with this Act if—
				(A)the net spendable proceeds from the sale of
			 the issue may be used for expenditures incurred after the date of issuance with
			 respect to the project, subject to the rules of the Bank;
				(B)the bond issued by the Bank is in
			 registered form and meets the requirements of this Act and otherwise applicable
			 law;
				(C)the term of each bond which is part of the
			 issue is greater than 30 years; and
				(D)the payment of principal with respect to
			 the bond is the obligation of the Bank.
				(19)Public-private
			 partnershipThe term
			 public-private partnership means any entity—
				(A)(i)which is undertaking the
			 development of all or part of an infrastructure project, which will have a
			 public benefit, pursuant to requirements established in one or more contracts
			 between the entity and a State or an instrumentality of a State; or
					(ii)the activities of which, with
			 respect to such an infrastructure project, are subject to regulation by a State
			 or any instrumentality of a State; and
					(B)which owns,
			 leases, or operates, or will own, lease, or operate, the project in whole or in
			 part, and at least one of the participants in the entity is a nongovernmental
			 entity.
				(20)Revolving
			 fundThe term revolving fund means a fund or
			 program established by a State or a political subdivision or other
			 instrumentality of a State, the principal activity of which is to make loans,
			 commitments, or other financial accommodation available for the development of
			 one or more categories of infrastructure projects.
			(21)SecretaryThe
			 term Secretary means the Secretary of the Treasury or the
			 designee of the Secretary.
			(22)Smart
			 gridThe term smart grid means a system that
			 provides for any of the smart grid functions set forth in section 1306(d) of
			 the Energy Independence and Security Act of 2007 (42 U.S.C. 17386(d)).
			(23)Smart
			 growthThe term smart growth means growth in the
			 center of a city to avoid urban sprawl.
			(24)StateThe
			 term State includes the District of Columbia, Puerto Rico, Guam,
			 American Samoa, the Virgin Islands, the Commonwealth of Northern Mariana
			 Islands, and any other territory of the United States.
			(25)Telecommunications
			 infrastructure projectThe term telecommunications
			 infrastructure project means any project involving infrastructure
			 required to provide communications by wire or radio.
			(26)Transportation
			 infrastructure projectThe term transportation
			 infrastructure project means any project for the construction,
			 maintenance, or enhancement of highways, roads, bridges, transit and intermodal
			 systems, inland waterways, commercial ports, airports, high speed rail and
			 freight rail systems.
			4.Establishment of
			 national infrastructure development bank
			(a)Establishment of
			 national infrastructure development bankThe National
			 Infrastructure Development Bank is established as a wholly owned Government
			 corporation subject to chapter 91 of title 31, United States Code (commonly
			 known as the Government Corporation Control Act), except as
			 otherwise provided in this Act.
			(b)Responsibility
			 of the secretaryThe Secretary shall take such action as may be
			 necessary to assist in implementing the establishment of the bank in accordance
			 with this Act.
			(c)Conforming
			 amendmentSection 9101(3) of title 31, United States Code, is
			 amended by inserting after subparagraph (N) the following:

					(O)the National Infrastructure Development
				Bank.
					.
			5.Board of
			 directors
			(a)In
			 generalThe Bank shall have a
			 Board of Directors consisting of 5 members appointed by the President by and
			 with the advice and consent of the Senate.
			(b)QualificationsThe
			 directors of the Board shall include individuals representing different regions
			 of the United States and—
				(1)2
			 of the directors shall have public sector experience; and
				(2)3
			 of the directors shall have private sector experience.
				(c)Chairperson and
			 vice chairpersonAs designated at the time of appointment, one of
			 the directors of the Board shall be designated chairperson of the Board by the
			 President and one shall be designated as vice chairperson of the Board by the
			 President.
			(d)Terms
				(1)In
			 generalExcept as provided in paragraph (2) and subsection (f),
			 each director shall be appointed for a term of 6 years.
				(2)Initial
			 staggered termsOf the initial members of the Board—
					(A)the chairperson
			 and vice chairperson shall be appointed for terms of 6 years;
					(B)1 shall be
			 appointed for a term of 5 years;
					(C)1 shall be
			 appointed for a term of 4 years; and
					(D)1 shall be
			 appointed for a term of 3 years.
					(e)Date of initial
			 nominationsThe initial nominations by the President for
			 appointment of directors to the Board shall be made not later than 60 days
			 after the date of enactment of this Act.
			(f)Vacancies
				(1)In
			 generalA vacancy on the
			 Board shall be filled in the manner in which the original appointment was
			 made.
				(2)Appointment to
			 replace during termAny
			 director appointed to fill a vacancy occurring before the expiration of the
			 term for which the director’s predecessor was appointed shall be appointed only
			 for the remainder of the term.
				(3)DurationA
			 director may serve after the expiration of that director’s term until a
			 successor has taken office.
				(g)QuorumThree
			 directors shall constitute a quorum.
			(h)ReappointmentA
			 director of the Board appointed by the President may be reappointed by the
			 President in accordance with this section.
			(i)Per diem
			 reimbursementDirectors of the Board shall serve on a part-time
			 basis and shall receive a per diem when engaged in the actual performance of
			 Bank business, plus reasonable reimbursement for travel, subsistence, and other
			 necessary expenses incurred in the performance of their duties.
			(j)LimitationsA director of the Board may not participate
			 in any review or decision affecting a project under consideration for
			 assistance under this Act if the director has or is affiliated with a person
			 who has an interest in such project.
			(k)Powers and
			 limitations of the board
				(1)PowersIn
			 order to carry out the purposes of the Bank as set forth in this Act, the Board
			 shall be responsible for monitoring and overseeing infrastructure projects and
			 have the following powers:
					(A)To make senior and
			 subordinated loans and purchase senior and subordinated debt securities and
			 enter into a binding commitment to make any such loan or purchase any such
			 security, on such terms as the Board may determine, in the Board’s discretion,
			 to be appropriate, the proceeds of which are to be used to finance or refinance
			 the development of one or more infrastructure projects.
					(B)To issue and sell
			 debt securities of the Bank on such terms as the Board shall determine from
			 time to time.
					(C)To issue public benefit bonds and to
			 provide direct subsidies to infrastructure projects from amounts made available
			 from the issuance of such bonds.
					(D)To make loan
			 guarantees.
					(E)To make agreements
			 and contracts with any entity in furtherance of the business of the
			 Bank.
					(F)To borrow on the
			 global capital market and lend to regional, State, and local entities, and
			 commercial banks for the purpose of funding infrastructure projects.
					(G)To purchase, pool,
			 and sell infrastructure-related loans and securities on the global capital
			 market.
					(H)To purchase in the open market any of the
			 Bank’s outstanding obligations at any time and at any price.
					(I)To monitor and oversee infrastructure
			 projects financed, in whole or in part, by the Bank.
					(J)To acquire, lease,
			 pledge, exchange, and dispose of real and personal property and otherwise
			 exercise all the usual incidents of ownership of property to the extent the
			 exercise of such powers are appropriate to and consistent with the purposes of
			 the Bank.
					(K)To sue and be sued
			 in the Bank’s corporate capacity in any court of competent jurisdiction, except
			 that no attachment, injunction, or similar process, may be issued against the
			 property of the Bank or against the Bank with respect to such property.
					(L)To indemnify the
			 directors and officers of the Bank for liabilities arising out of the actions
			 of the directors and officers in such capacity, in accordance with, and subject
			 to the limitations contained in, this Act.
					(M)To serve as the
			 primary liaison between the Bank, Congress, the executive branch, and State and
			 local governments and to represent the Bank’s interests.
					(N)To exercise all
			 other lawful powers which are necessary or appropriate to carry out, and are
			 consistent with, the purposes of the Bank.
					(2)Limitations
					(A)Issuance of debt
			 securityThe Board may not issue any debt security without the
			 prior consent of the Secretary.
					(B)Issuance of
			 voting securityThe Board may not issue any voting security in
			 the Bank to any entity other than the Secretary.
					(3)Actions
			 consistent with self-supporting entity statusThe Board shall
			 conduct its business in a manner consistent with the requirements of this
			 section.
				(4)Coordination
			 with state and local regulatory authorityThe provision of
			 financial assistance by the Board pursuant to this Act shall not be construed
			 as—
					(A)limiting the right
			 of any State or political subdivision or other instrumentality of a State to
			 approve or regulate rates of return on private equity invested in a project;
			 or
					(B)otherwise
			 superseding any State law or regulation applicable to a project.
					(5)Federal
			 personnel requestsThe Board
			 shall have the power to request the detail, on a reimbursable basis, of
			 personnel from other Federal agencies with specific expertise not available
			 from within the Bank or elsewhere. The head of any Federal agency may detail,
			 on a reimbursable basis, any personnel of such agency requested by the Board
			 and shall not withhold unreasonably the detail of any personnel requested by
			 the Board.
				(l)Meetings
				(1)Open to the
			 public; noticeAll meetings
			 of the Board held to conduct the business of the Bank shall be open to the
			 public and shall be preceded by reasonable notice.
				(2)Initial
			 meetingThe Board shall meet
			 not later than 90 days after the date on which all directors of the Board are
			 first appointed and otherwise at the call of the Chairperson.
				(3)Exception for
			 closed meetingsPursuant to such rules as the Board may establish
			 through their bylaws, the directors may close a meeting of the Board if, at the
			 meeting, there is likely to be disclosed information which could adversely
			 affect or lead to speculation relating to an infrastructure project under
			 consideration for assistance under this Act or in financial or securities or
			 commodities markets or institutions, utilities, or real estate. The
			 determination to close any meeting of the Board shall be made in a meeting of
			 the Board, open to the public, and preceded by reasonable notice. The Board
			 shall prepare minutes of any meeting which is closed to the public and make
			 such minutes available as soon as the considerations necessitating closing such
			 meeting no longer apply.
				6.Executive
			 committee
			(a)In
			 generalThe Board shall have
			 an executive committee consisting of 9 members, headed by the executive
			 director of the Bank.
			(b)Executive
			 DirectorA majority of the Board shall have the authority to
			 appoint and reappoint the executive director.
			(c)CEOThe
			 executive director shall be the chief executive officer of the Bank, with such
			 executive functions, powers, and duties as may be prescribed by this Act, the
			 bylaws of the Bank, or the Board.
			(d)Other executive
			 officersThe Board shall appoint, remove, fix the compensation,
			 and define duties of 8 other executive officers to serve on the Executive
			 Committee as the—
				(1)chief compliance officer;
				(2)chief financial
			 officer;
				(3)chief asset and
			 liability management officer;
				(4)chief loan
			 origination officer;
				(5)chief operations
			 officer;
				(6)chief risk
			 officer;
				(7)chief treasury
			 officer; and
				(8)general
			 counsel.
				(e)QualificationsThe
			 executive director and other executive officers shall have demonstrated
			 experience and expertise in one or more of the following:
				(1)Transportation
			 infrastructure.
				(2)Environmental
			 infrastructure.
				(3)Energy
			 infrastructure.
				(4)Telecommunications
			 infrastructure.
				(5)Economic
			 development.
				(6)Workforce
			 development.
				(7)Public
			 health.
				(8)Private or public
			 finance.
				(f)DutiesIn
			 order to carry out the purposes of the Bank as set forth in this Act, the
			 executive committee shall—
				(1)establish
			 disclosure and application procedures for entities nominating projects for
			 assistance under this Act;
				(2)accept, for
			 consideration, project proposals relating to the development of infrastructure
			 projects, which meet the basic criteria established by the Board, and which are
			 submitted by an entity;
				(3)provide
			 recommendations to the Board and place project proposals accepted by the
			 executive committee on a list for consideration for financial assistance from
			 the Board;
				(4)provide technical
			 assistance to entities receiving financing from the Bank and otherwise
			 implement decisions of the Board.
				(g)VacancyA
			 vacancy in the position of executive director shall be filled in the manner in
			 which the original appointment was made.
			(h)CompensationThe compensation of the executive director
			 and other executive officers of the executive committee shall be determined by
			 the Board.
			(i)RemovalThe executive director and other executive
			 officers may be removed at the discretion of a majority of the Board.
			(j)TermThe executive director and other executive
			 officers shall serve a 6-year term and may be reappointed in accordance with
			 this section.
			(k)LimitationsThe executive director and other executive
			 officers shall not—
				(1)hold any other
			 public office;
				(2)have any interest
			 in an infrastructure project considered by the Board;
				(3)have any interest
			 in an investment institution, commercial bank, or other entity seeking
			 financial assistance for any infrastructure project from the Bank; and
				(4)have any such
			 interest during the 2-year period beginning on the date such officer ceases to
			 serve in such capacity.
				7.Risk
			 management committee
			(a)Establishment of
			 risk management committeeThe
			 Bank shall establish a risk management committee consisting of 5 members,
			 headed by the chief risk officer.
			(b)AppointmentsA majority of the Board shall have the
			 authority to appoint and reappoint the CRO of the Bank.
			(c)Functions;
			 duties
				(1)In
			 generalThe CRO shall have
			 such functions, powers, and duties as may be prescribed by one or more of the
			 following: this Act, the bylaws of the Bank, and the Board. The CRO shall
			 report directly to the Board.
				(2)Risk management
			 dutiesIn order to carry out the purposes of this Act, the risk
			 management committee shall—
					(A)create financial, credit, and operational
			 risk management guidelines and policies to be adhered to by the Bank;
					(B)set guidelines to ensure diversification of
			 lending activities by both region and infrastructure project type;
					(C)create conforming standards for
			 infrastructure finance securities;
					(D)monitor financial,
			 credit and operational exposure of the Bank; and
					(E)provide financial
			 recommendations to the Board.
					(d)Other risk
			 management officersThe Board
			 shall appoint, remove, fix the compensation, and define the duties of 4 other
			 risk management officers to serve on the risk management committee.
			(e)QualificationsThe
			 CRO and other risk management officers shall have demonstrated experience and
			 expertise in one or more of the following:
				(1)Treasury and asset
			 and liability management.
				(2)Investment
			 regulations.
				(3)Insurance.
				(4)Credit risk
			 management and credit evaluations.
				(5)Related
			 disciplines.
				(f)VacancyA
			 vacancy in the position of CRO or any other risk management officer shall be
			 filled in the manner in which the original appointment was made.
			(g)CompensationThe compensation of the CRO and other risk
			 management officers shall be determined by the Board.
			(h)RemovalThe
			 CRO and any other risk management officers may be removed at the discretion of
			 a majority of the Board.
			(i)TermThe
			 CRO and other risk management officers shall serve a 6-year term and may be
			 reappointed in accordance with this section.
			(j)LimitationsThe
			 CRO and other risk management officers shall not—
				(1)hold any other public office;
				(2)have any interest
			 in an infrastructure project considered by the Board;
				(3)have any interest in an investment
			 institution, commercial bank, or other entity seeking financial assistance for
			 any infrastructure project from the Bank; and
				(4)have any such
			 interest during the 2-year period beginning on the date such officer ceases to
			 serve in such capacity.
				8.Audit
			 Committee
			(a)In
			 generalThe Bank shall have an audit committee consisting of 5
			 members, headed by the chief compliance officer of the Bank.
			(b)AppointmentsA
			 majority of the Board shall have the authority to appoint and reappoint the CCO
			 of the Bank.
			(c)Functions;
			 dutiesThe CCO shall have such functions, powers, and duties as
			 may be prescribed by one or more of the following: this Act, the bylaws of the
			 Bank, and the Board. The CCO shall report directly to the Board.
			(d)Audit
			 dutiesIn order to carry out the purposes of the Bank under this
			 Act, the audit committee shall—
				(1)provide internal
			 controls and internal auditing activities for the Bank;
				(2)maintain
			 responsibility for the accounting activities of the Bank;
				(3)issue financial
			 reports of the Bank; and
				(4)complete reports
			 with outside auditors and public accountants appointed by the Board.
				(e)Other audit
			 officersThe Board shall
			 appoint, remove, fix the compensation, and define the duties of 4 other audit
			 officers to serve on the audit committee.
			(f)QualificationsThe
			 CCO and other audit officers shall have demonstrated experience and expertise
			 in one or more of the following:
				(1)Internal
			 auditing.
				(2)Internal
			 investigations.
				(3)Accounting
			 practices.
				(4)Financing
			 practices.
				(g)VacancyA
			 vacancy in the position of CCO or any other audit officer shall be filled in
			 the manner in which the original appointment was made.
			(h)CompensationThe
			 compensation of the CCO and other audit officers shall be determined by the
			 Board.
			(i)RemovalThe
			 CCO and other audit officers may be removed at the discretion of a majority of
			 the Board.
			(j)TermThe
			 CCO and other audit officers shall serve a 6-year term and may be reappointed
			 in accordance with this section.
			(k)LimitationsThe
			 CCO and other audit officers shall not—
				(1)hold any other
			 public office;
				(2)have any interest
			 in an infrastructure project considered by the Board;
				(3)have any interest in an investment
			 institution, commercial bank, or other entity seeking financial assistance for
			 any infrastructure project from the Bank; and
				(4)have any such
			 interest during the 2-year period beginning on the date such officer ceases to
			 serve in such capacity.
				9.PersonnelThe chairperson of the Board, executive
			 director, chief risk officer, and chief compliance officer shall appoint,
			 remove, fix the compensation of, and define the duties of such qualified
			 personnel to serve under the Board, executive committee, risk management
			 committee, or audit committee, as the case may be, as necessary and prescribed
			 by one or more of the following: this Act, the bylaws of the Bank, and the
			 Board.
		10.Eligibility
			 criteria for assistance from Bank
			(a)In
			 generalNo financial assistance shall be available under this Act
			 from the Bank unless the applicant for such assistance has demonstrated to the
			 satisfaction of the Board that the project for which such assistance is being
			 sought meets—
				(1)the requirements
			 of this Act; and
				(2)any criteria
			 established in accordance with this Act by the Board.
				(b)Establishment of
			 project criteria
				(1)In
			 generalConsistent with the requirements of subsections (c) and
			 (d), the Board shall establish—
					(A)criteria for
			 determining eligibility for financial assistance under this Act;
					(B)disclosure and
			 application procedures to be followed by entities to nominate projects for
			 assistance under this Act; and
					(C)such other
			 criteria as the Board may consider to be appropriate for purposes of carrying
			 out this Act.
					(2)Factors to be
			 taken into account
					(A)In
			 generalThe Bank shall
			 conduct an analysis that takes into account the economic, environmental, social
			 benefits, and costs of each project under consideration for financial
			 assistance under this Act, prioritizing projects that contribute to economic
			 growth, lead to job creation, and are of regional or national
			 significance.
					(B)CriteriaThe
			 criteria established pursuant to paragraph (1)(A) shall provide for the
			 consideration of the following factors in considering eligibility for financial
			 assistance under this Act:
						(i)The
			 means by which development of the infrastructure project under consideration is
			 being financed, including—
							(I)the terms and
			 conditions and financial structure of the proposed financing; and
							(II)the financial
			 assumptions and projections on which the project is based.
							(ii)The
			 likelihood that the provision of assistance by the Bank will cause such
			 development to proceed more promptly and with lower costs for financing than
			 would be the case without such assistance.
						(iii)The extent to
			 which the provision of assistance by the Bank maximizes the level of private
			 investment in the infrastructure project while providing a public
			 benefit.
						(c)Factors for
			 specific types of projects
				(1)Transportation
			 infrastructure projectsFor
			 any transportation infrastructure project, the Board shall consider the
			 following:
					(A)Job creation, including workforce
			 development for women and minorities, responsible employment practices, and
			 quality job training opportunities.
					(B)Reduction in
			 carbon emissions.
					(C)Reduction in
			 surface and air traffic congestion.
					(D)Smart growth in
			 urban areas.
					(E)Poverty and inequality reduction through
			 targeted training and employment opportunities for low-income workers.
					(F)Use of smart
			 tolling, such as vehicle miles traveled and congestion pricing, for highway,
			 road, and bridge projects.
					(G)Public health
			 benefits.
					(2)Environmental
			 infrastructure projectFor any environmental infrastructure
			 project, the Board shall consider the following:
					(A)Public health
			 benefits.
					(B)Pollution
			 reductions.
					(C)Job creation, including workforce
			 development for women and minorities, responsible employment practices, and
			 quality job training opportunities.
					(D)Poverty and inequality reduction through
			 targeted training and employment opportunities for low-income workers.
					(3)Energy
			 infrastructure projectFor any energy infrastructure project, the
			 Board shall consider the following:
					(A)Job creation, including workforce
			 development for women and minorities, responsible employment practices, and
			 quality job training opportunities.
					(B)Poverty and inequality reduction through
			 targeted training and employment opportunities for low-income workers.
					(C)Reduction in
			 carbon emissions.
					(D)Smart growth in
			 urban areas.
					(E)Expanded use of
			 renewable energy, including hydroelectric, solar, and wind.
					(F)Development of a
			 smart grid.
					(G)Energy efficient
			 building, housing, and school modernization.
					(H)In any case in
			 which the project is also a public housing project—
						(i)improvement of the
			 physical shape and layout;
						(ii)environmental
			 improvement; and
						(iii)mobility
			 improvements for residents.
						(I)Public health
			 benefits.
					(4)TelecommunicationsFor
			 any telecommunications project, the Board shall consider the following:
					(A)The extent to
			 which assistance expands or improves broadband and wireless services in rural
			 and disadvantaged communities.
					(B)Poverty and inequality reduction through
			 targeted training and employment opportunities for low-income workers.
					(C)Job creation, including work force
			 development for women and minorities, responsible employment practices, and
			 quality job training opportunities.
					(d)Consideration of
			 project proposals
				(1)Participation by
			 other agency personnelConsideration of projects by the executive
			 committee and the Board shall be conducted with personnel on detail to the Bank
			 from relevant Federal agencies from among individuals who are familiar with and
			 experienced in the selection criteria for competitive projects.
				(2)FeesA
			 fee may be charged for the review of any project proposal in such amount as
			 maybe considered appropriate by the executive committee to cover the cost of
			 such review.
				(e)Discretion of
			 boardConsistent with other provisions of this Act, any
			 determination of the Board to provide assistance to any project, and the manner
			 in which such assistance is provided, including the terms, conditions, fees,
			 and charges shall be at the sole discretion of the Board.
			(f)State and local
			 permits requiredThe provision of assistance by the Board in
			 accordance with this Act shall not be deemed to relieve any recipient of
			 assistance or the related project of any obligation to obtain required State
			 and local permits and approvals.
			(g)Annual
			 reportAn entity receiving assistance from the Board shall make
			 annual reports to the Board on the use of any such assistance, compliance with
			 the criteria set forth in this section, and a disclosure of all entities with a
			 development, ownership, or operational interest in a project assisted or
			 proposed to be assisted under this Act.
			11.Exemption from
			 local taxationAll notes,
			 debentures, bonds or other such obligations issued by the Bank, and the
			 interest on or credits with respect to such bonds or other obligations, shall
			 not be subject to taxation by any State, county, municipality, or local taxing
			 authority.
		12.Status and
			 applicability of certain Federal laws; full faith and credit
			(a)Budgeting and
			 auditors practicesThe Bank shall comply with all Federal laws
			 regulating the budgetary and auditing practices of a government corporation,
			 except as otherwise provided in this Act.
			(b)Full faith and
			 creditAny bond or other obligation issued by the Bank under this
			 Act shall be an obligation supported by the full faith and credit of the United
			 States.
			(c)Effect of and
			 exemptions from other laws
				(1)Exempt
			 securitiesAll debt securities and other obligations issued by
			 the Bank pursuant to this Act shall be deemed to be exempt securities within
			 the meaning of laws administered by the Securities and Exchange Commission to
			 the same extent as securities which are direct obligations of, or obligations
			 fully guaranteed as to principal or interest by, the United States.
				(2)Open market
			 operations and state tax exempt statusThe obligations of the
			 Bank shall be deemed to be obligations of the United States for the purposes of
			 the provision designated as (b)(2) of the 2nd undesignated paragraph of section
			 14 of the Federal Reserve Act (12 U.S.C. 355) and section 3124 of title 31,
			 United States Code.
				(3)No priority as a
			 federal claimThe priority established in favor of the United
			 States by section 3713 of title 31, United States Code, shall not apply with
			 respect to any indebtedness of the Bank.
				(d)Federal reserve
			 banks as depositories, custodians, and fiscal agentsThe Federal
			 reserve banks may act as depositaries for, or custodians or fiscal agents of,
			 the Bank.
			(e)Access to
			 book-entry systemThe Secretary may authorize the Bank to use the
			 book-entry system of the Federal reserve system.
			13.Compliance with
			 Davis-Bacon ActAll laborers
			 and mechanics employed by contractors and subcontractors on projects funded
			 directly by or assisted in whole or in part by and through the Bank pursuant to
			 this Act shall be paid wages at rates not less than those prevailing on
			 projects of a character similar in the locality as determined by the Secretary
			 of Labor in accordance with subchapter IV of chapter 31 of part A of title 40,
			 United States Code. With respect to the labor standards specified in this
			 section, the Secretary of Labor shall have the authority and functions set
			 forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
			 and section 3145 of title 40, United States Code.
		14.Applicability of
			 certain State lawsThe receipt
			 by any entity of any assistance under this Act, directly or indirectly, and any
			 financial assistance provided by any governmental entity in connection with
			 such assistance under this Act shall be valid and lawful notwithstanding any
			 State or local restrictions regarding extensions of credit or other benefits to
			 private persons or entities, or other similar restrictions.
		15.Audits; reports
			 to President and Congress
			(a)AccountingThe
			 books of account of the Bank shall be maintained in accordance with generally
			 accepted accounting principles and shall be subject to an annual audit by
			 independent public accountants appointed by the Board and of nationally
			 recognized standing.
			(b)Reports
				(1)BoardThe
			 Board shall submit to the President and Congress, within 90 days after the last
			 day of each fiscal year, a complete and detailed report with respect to the
			 preceding fiscal year, setting forth—
					(A)a summary of the
			 Bank’s operations, for such preceding fiscal year;
					(B)a schedule of the Bank’s obligations and
			 capital securities outstanding at the end of such preceding fiscal year, with a
			 statement of the amounts issued and redeemed or paid during such preceding
			 fiscal year; and
					(C)the status of
			 projects receiving funding or other assistance pursuant to this Act, including
			 disclosure of all entities with a development, ownership, or operational
			 interest in such projects.
					(2)GAONot later than 5 years after the date of
			 enactment of this Act, the Comptroller General of the United States shall
			 submit to Congress a report evaluating activities of the Bank for the fiscal
			 years covered by the report that includes an assessment of the impact and
			 benefits of each funded project, including a review of how effectively each
			 project accomplished the goals prioritized by the Bank’s project
			 criteria.
				(c)Books and
			 records
				(1)In
			 generalThe Bank shall maintain adequate books and records to
			 support the financial transactions of the Bank with a description of financial
			 transactions and infrastructure projects receiving funding, and the amount of
			 funding for each project maintained on a publically accessible database.
				(2)Audits by the
			 secretary and gaoThe books and records of the Bank shall be
			 maintained in accordance with recommended accounting practices and shall be
			 open to inspection by the Secretary and the Comptroller General of the United
			 States.
				16.Capitalization of
			 bank
			(a)Authorization of
			 appropriationThere is authorized to be appropriated to the
			 Secretary for purchase of the shares of the Bank $5,000,000,000 for each of
			 fiscal years 2010, 2011, 2012, 2013, and 2014 with the aggregate representing
			 10 percent of the total subscribed capital of the Bank.
			(b)Callable
			 capitalOf the total subscribed capital of the Bank, 90 percent
			 shall be callable capital subject to call from the Secretary only as and when
			 required by the Bank to meet its obligations on borrowing of funds for
			 inclusion in its ordinary capital resources or guarantees chargeable to such
			 resources.
			(c)Outstanding
			 loansAt any time, the aggregate amount outstanding of bonds
			 issued by the Bank shall not exceed 250 percent of its total subscribed
			 capital.
			17.SunsetThe Bank shall cease to exist 15 years after
			 the date of enactment of this Act.


116 S2835 IS: Access to Affordable Housing for Veterans Act of 2019
U.S. Senate
2019-11-12
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.

II116th CONGRESS1st SessionS. 2835IN THE SENATE OF THE UNITED STATESNovember 12, 2019Ms. Rosen (for herself and Mr. Roberts) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo include information regarding VA home loans in the Informed Consumer Choice Disclosure required
			 to be provided to a prospective FHA borrower who is a veteran, to amend
			 title 10, United States Code, to authorize the provision of a certificate
			 of eligibility for VA home loans during the preseparation counseling for
			 members of the Armed Forces, and for other purposes.

 1.Short titleThis Act may be cited as the Access to Affordable Housing for Veterans Act of 2019. 2.FHA Informed Consumer Choice DisclosureSection 203(f)(2)(A) of the National Housing Act (12 U.S.C. 1709(f)(2)(A)) is amended—
 (1)by inserting (i) after loan-to-value ratio; and (2)by inserting before the semicolon the following: , and (ii) in the case of a prospective borrower who is a veteran (as defined in section 101 of title 38, United States Code) who would qualify for a loan guaranteed or insured under chapter 37 of title 38, United States Code, in connection with such a loan, assuming prevailing interest rates.
			3.Uniform Residential Loan Application
 (a)In generalThe Director of the Federal Housing Finance Agency shall direct the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation to revise the Uniform Residential Loan Application developed by those enterprises, not later than December 31, 2020, to include—
 (1)in the borrower information portion of the application, a check box for the applicant to check to indicate that the applicant is a veteran;
 (2)adjacent to the matter required by paragraph (1) and in boldface type, the following statement: If you are a veteran, you may be eligible for a VA mortgage.; and (3)adjacent to the matter required by paragraph (2), a blank line for the borrower to initial, and a statement that all applicants must initial the blank line to confirm that they have read the statement required by paragraph (2).
 (b)ProhibitionThe information required to be included under subsection (a) shall not appear after the borrower signature line of the Uniform Residential Loan Application.
			4.Preseparation counseling for members of the Armed Forces regarding Department of Veterans Affairs
 home loan services and housing assistance benefitsSection 1142(b) of title 10, United States Code, is amended— (1)by redesignating paragraphs (17) and (18) as paragraphs (18) and (19), respectively; and
 (2)by striking paragraph (16) and inserting the following new paragraphs:  (16)Information on the availability of home loan services by and housing assistance benefits of the Department of Veterans Affairs, including the authority of the member—
 (A)to use an honorable discharge certificate as a certificate of eligibility to apply for a guaranteed housing loan from the Department of Veterans Affairs; or
 (B)to request, during the preseparation process or after separation, a specific certificate of eligibility for such a loan under section 3702(c) of title 38.
 (17)Counseling on responsible borrowing practices..


113 S907 IS: Gestational Diabetes Act
U.S. Senate
2013-05-08
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.

		II
		113th CONGRESS
		1st Session
		S. 907
		IN THE SENATE OF THE UNITED STATES

			May 8, 2013
			Mrs. Shaheen (for
			 herself and Ms. Collins) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To provide grants to better understand and reduce
		  gestational diabetes, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Gestational Diabetes
			 Act or the GEDI
			 Act.
		2.Gestational
			 diabetesPart B of title III
			 of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding
			 after section 317H the following:

				317H–1.Gestational
				diabetes
					(a)Understanding
				and monitoring gestational diabetes
						(1)In
				generalThe Secretary, acting through the Director of the Centers
				for Disease Control and Prevention, in consultation with the Diabetes Mellitus
				Interagency Coordinating Committee established under section 429 and
				representatives of appropriate national health organizations, shall develop a
				multisite gestational diabetes research project within the diabetes program of
				the Centers for Disease Control and Prevention to expand and enhance
				surveillance data and public health research on gestational diabetes.
						(2)Areas to be
				addressedThe research project developed under paragraph (1)
				shall address—
							(A)procedures to
				establish accurate and efficient systems for the collection of gestational
				diabetes data within each State, territory, and possession of the United
				States;
							(B)the progress of
				collaborative activities with the National Vital Statistics System, the
				National Center for Health Statistics, and State health departments with
				respect to the standard birth certificate, in order to improve surveillance of
				gestational diabetes;
							(C)postpartum methods of tracking women with
				gestational diabetes after delivery and targeted interventions proven to lower
				the incidence of type 2 diabetes in that population;
							(D)variations in the
				distribution of diagnosed and undiagnosed gestational diabetes, and of impaired
				fasting glucose tolerance and impaired fasting glucose, within and among groups
				of women; and
							(E)factors and
				culturally sensitive interventions that influence risks and reduce the
				incidence of gestational diabetes and related complications during childbirth,
				including cultural, behavioral, racial, ethnic, geographic, demographic,
				socioeconomic, and genetic factors.
							(3)ReportNot
				later than 2 years after the date of the enactment of this section, and
				annually thereafter, the Secretary shall prepare a report on the findings and
				recommendations of the research project, including prevalence of gestational
				diabetes in the multisite area, and disseminate the report to the appropriate
				Federal and non-Federal agencies.
						(b)Expansion of
				gestational diabetes research
						(1)In
				GeneralThe Secretary shall
				expand and intensify public health research regarding gestational diabetes.
				Such research may include—
							(A)developing and
				testing novel approaches for improving postpartum diabetes testing or screening
				and for preventing type 2 diabetes in women with a history of gestational
				diabetes; and
							(B)conducting public
				health research to further understanding of the epidemiologic,
				socioenvironmental, behavioral, translation, and biomedical factors and health
				systems that influence the risk of gestational diabetes and the development of
				type 2 diabetes in women with a history of gestational diabetes.
							(2)Authorization of
				AppropriationsThere is authorized to be appropriated to carry
				out this subsection $5,000,000 for each of fiscal years 2014 through
				2018.
						(c)Demonstration
				grants To lower the rate of gestational diabetes
						(1)In
				GeneralThe Secretary, acting
				through the Director of the Centers for Disease Control and Prevention, shall
				award grants, on a competitive basis, to eligible entities for demonstration
				projects that implement evidence-based interventions to reduce the incidence of
				gestational diabetes, the recurrence of gestational diabetes in subsequent
				pregnancies, and the development of type 2 diabetes in women with a history of
				gestational diabetes.
						(2)PriorityIn
				making grants under this subsection, the Secretary shall give priority to
				projects focusing on—
							(A)helping women who have 1 or more risk
				factors for developing gestational diabetes;
							(B)working with women with a history of
				gestational diabetes during a previous pregnancy;
							(C)providing postpartum care for women with
				gestational diabetes;
							(D)tracking cases where women with a history
				of gestational diabetes developed type 2 diabetes;
							(E)educating mothers with a history of
				gestational diabetes about the increased risk of their children developing
				diabetes;
							(F)working to prevent gestational diabetes and
				prevent or delay the development of type 2 diabetes in women with a history of
				gestational diabetes; and
							(G)achieving outcomes designed to assess the
				efficacy and cost-effectiveness of interventions that can inform decisions on
				long-term sustainability, including third-party reimbursement.
							(3)ApplicationAn
				eligible entity desiring to receive a grant under this subsection shall submit
				to the Secretary—
							(A)an application at
				such time, in such manner, and containing such information as the Secretary may
				require; and
							(B)a plan to—
								(i)lower the rate of
				gestational diabetes during pregnancy; or
								(ii)develop methods of tracking women with a
				history of gestational diabetes and develop effective interventions to lower
				the incidence of the recurrence of gestational diabetes in subsequent
				pregnancies and the development of type 2 diabetes.
								(4)Uses of
				FundsAn eligible entity receiving a grant under this subsection
				shall use the grant funds to carry out demonstration projects described in
				paragraph (1), including—
							(A)expanding
				community-based health promotion education, activities, and incentives focused
				on the prevention of gestational diabetes and development of type 2 diabetes in
				women with a history of gestational diabetes;
							(B)aiding State- and tribal-based diabetes
				prevention and control programs to collect, analyze, disseminate, and report
				surveillance data on women with, and at risk for, gestational diabetes, the
				recurrence of gestational diabetes in subsequent pregnancies, and, for women
				with a history of gestational diabetes, the development of type 2 diabetes;
				and
							(C)training and
				encouraging health care providers—
								(i)to
				promote risk assessment, high-quality care, and self-management for gestational
				diabetes and the recurrence of gestational diabetes in subsequent pregnancies;
				and
								(ii)to prevent the
				development of type 2 diabetes in women with a history of gestational diabetes,
				and its complications in the practice settings of the health care
				providers.
								(5)ReportNot later than 4 years after the date of
				the enactment of this section, the Secretary shall prepare and submit to
				Congress a report concerning the results of the demonstration projects
				conducted through the grants awarded under this subsection.
						(6)Definition of
				Eligible EntityIn this subsection, the term eligible
				entity means a nonprofit organization (such as a nonprofit academic
				center or community health center) or a State, tribal, or local health
				agency.
						(7)Authorization of
				AppropriationsThere is authorized to be appropriated to carry
				out this subsection $5,000,000 for each of fiscal years 2014 through
				2018.
						(d)Postpartum
				follow-Up regarding gestational diabetesThe Secretary, acting
				through the Director of the Centers for Disease Control and Prevention, shall
				work with the State- and tribal-based diabetes prevention and control programs
				assisted by the Centers to encourage postpartum follow-up after gestational
				diabetes, as medically appropriate, for the purpose of reducing the incidence
				of gestational diabetes, the recurrence of gestational diabetes in subsequent
				pregnancies, the development of type 2 diabetes in women with a history of
				gestational diabetes, and related
				complications.
					.


113 S2579 PCS: To require the Secretary of State to offer rewards totaling up to $5,000,000 for information on the kidnapping and murder of Naftali Fraenkel, a dual United States-Israeli citizen, that began on June 12, 2014.
U.S. Senate
2014-07-09
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.

		II
		Calendar No. 460113th CONGRESS
		2d Session
		S. 2579
		IN THE SENATE OF THE UNITED STATES

			July 9, 2014
			Mr. Cruz introduced the following bill; which was read the first time

		July 10, 2014Read the second time and placed on the calendarA BILL
		To require the Secretary of State to offer rewards totaling up to $5,000,000 for information on the
			 kidnapping and murder of Naftali Fraenkel, a dual United States-Israeli
			 citizen, that began on June 12, 2014.

			1.
			Rewards authorized

				(a)
				In general
				In accordance with the Rewards for Justice program authorized under section 36(b) of the State
			 Department Basic Authorities Act of 1956 (22  U.S.C. 2708(b)), the
			 Secretary of State shall offer a reward to any individual who furnishes
			 information leading to the arrest or conviction in any country of any
			 individual for committing, conspiring or attempting to commit, or
			       aiding or abetting in the commission of the kidnapping and murder of
			 Naftali Fraenkel.
				(b)
				Limit on total rewards
				The total amount of rewards offered under subsection (a) may not exceed $5,000,000.

	July 10, 2014Read the second time and placed on the calendar


116 HR 6976 IH: Service Assurance Act of 2020
U.S. House of Representatives
2020-05-22
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.

I116th CONGRESS2d SessionH. R. 6976IN THE HOUSE OF REPRESENTATIVESMay 22, 2020Mrs. Hartzler (for herself, Mr. Aderholt, Mr. Lamborn, Mr. Banks, Mr. Joyce of Pennsylvania, Mr. Babin, Mr. Murphy of North Carolina, Mr. Flores, Mr. Conaway, Mr. King of Iowa, Mr. Collins of Georgia, Mr. Grothman, Mr. Allen, Mr. Budd, Mr. Norman, Mr. Walker, Mr. Green of Tennessee, Mr. Bishop of North Carolina, and Mr. Weber of Texas) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo provide liability protection for nonprofit organizations during the COVID–19 outbreak, and for other purposes.1.Short titleThis Act may be cited as the Service Assurance Act of 2020. 2.Protection from liability for nonprofit organizations in certain civil actions relating to COVID–19(a)In generalExcept as provided in subsection (b), a nonprofit organization shall not be liable under Federal or State law for any act or omission of the organization with respect to any harm arising from exposure to, or infection by, the virus that causes COVID–19 during a public health emergency with respect to COVID–19 declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d). (b)ExceptionSubsection (a) does not apply if the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed by the entity.(c)PreemptionThis section preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability.(d)DefinitionIn this Act, the term nonprofit organization means an entity that is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under section 501(a) of such Code (26 U.S.C. 501(a)).


		II
		111th CONGRESS
		1st Session
		S. 2040
		IN THE SENATE OF THE UNITED STATES

			October 29, 2009
			Mr. Menendez introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on 1,2
		  Hexanediol.

		1.1,2 Hexanediol
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.001,2 Hexanediol (CAS No. 6920–22–5) (provided for in subheading
						2905.39.90)FreeNo changeNo changeOn or before 12/31/2011

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


115 HR 2207 IH: Community College to Career Fund Act
U.S. House of Representatives
2017-04-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2207IN THE HOUSE OF REPRESENTATIVESApril 27, 2017Ms. Kelly of Illinois (for herself, Mr. Foster, Mr. Ted Lieu of California, Mr. Nolan, Mr. Walz, Ms. DelBene, Mr. Garamendi, Ms. Tsongas, Mr. Langevin, Mr. Schneider, Mr. McGovern, Ms. Schakowsky, Mr. Lipinski, Mr. Danny K. Davis of Illinois, and Mr. Gutiérrez) introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend the Workforce Innovation and Opportunity Act to support community college and industry
			 partnerships, and for other purposes.

 1.Short titleThis Act may be cited as the Community College to Career Fund Act. 2.Community College to Career Fund (a)In GeneralTitle I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.) is amended by adding at the end the following:

					FCommunity College to Career Fund
						199.Community college and industry partnerships program
 (a)Grants authorizedNot later than the end of the first full fiscal year after the date of enactment of the Community College to Career Fund Act, from funds appropriated under section 199A, the Secretary of Labor (in coordination with the Secretary of Education and the Secretary of Commerce) shall award competitive grants to eligible entities described in subsection (b) for the purpose of developing, offering, improving, and providing educational or career training programs for workers. The grants shall be awarded for periods of 3 years.
							(b)Eligible entity
								(1)Partnerships with employers or an employer or industry partnership
 (A)General definitionFor purposes of this section, an eligible entity means any of the entities described in subparagraph (B) (or a consortium of any of such entities) in partnership with employers or an employer or industry partnership representing multiple employers.
 (B)Description of entitiesThe entities described in this subparagraph are— (i)a community college;
 (ii)a 4-year public institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) that offers 2-year degrees, and that will use funds provided under this section for activities at the certificate and associate degree levels;
 (iii)a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))); or
 (iv)a public or private nonprofit, 2-year institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) in the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau.
										(2)Additional Partners
 (A)Authorization of additional partnersIn addition to partnering with employers or an employer or industry partnership representing multiple employers as described in paragraph (1)(A), an entity described in paragraph (1) may include in the partnership described in paragraph (1) one or more of the organizations described in subparagraph (B). Each eligible entity that includes one or more such organizations shall collaborate with the State or local board in the area served by the eligible entity.
 (B)OrganizationsThe organizations described in this subparagraph are as follows: (i)A provider of adult education (as defined in section 203) or an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
 (ii)A community-based organization. (iii)A joint labor-management partnership.
 (iv)A State board. (v)An elementary school or secondary school, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
 (vi)Any other organization that the Secretaries consider appropriate. (c)Educational or career training programFor purposes of this section, the Governor of the State in which at least 1 of the entities described in subsection (b)(1)(B) of an eligible entity is located shall establish criteria for an educational or career training program leading to a recognized postsecondary credential for which an eligible entity submits a grant proposal under subsection (d).
 (d)ApplicationAn eligible entity seeking a grant under this section shall submit an application containing a grant proposal, for an educational or career training program leading to a recognized postsecondary credential, to the Secretaries at such time and containing such information as the Secretaries determine is required, including—
 (1)a detailed description of— (A)the extent to which the educational or career training program described in the grant proposal fits within an overall strategic plan consisting of—
 (i)the State plan described in section 102 or 103, for the State involved; (ii)the local plan described in section 108, for each local area that comprises a significant portion of the area to be served by the eligible entity; and
 (iii)a strategic plan developed by the eligible entity; (B)the extent to which the program will meet the needs of employers in the area for skilled workers in in-demand industry sectors and occupations;
 (C)the extent to which the program will meet the educational or career training needs of workers in the area;
 (D)the specific educational or career training program and how the program meets the criteria established under subsection (e), including the manner in which the grant will be used to develop, offer, improve, and provide the educational or career training program;
 (E)any previous experience of the eligible entity in providing educational or career training programs, the absence of which shall not automatically disqualify an eligible institution from receiving a grant under this section; and
 (F)how the program leading to the credential meets the criteria described in subsection (c); and (2)a detailed plan on how the entity will ensure that the program will meet the performance measures described in subsection (g), and an assurance that the entity will annually submit to the Secretary information on the performance of the program on the performance measures described in subsection (g).
								(e)Criteria for award
 (1)In generalGrants under this section shall be awarded based on criteria established by the Secretaries, that include the following:
 (A)A determination of the merits of the grant proposal submitted by the eligible entity involved to develop, offer, improve, and provide an educational or career training program to be made available to workers.
 (B)An assessment of the likely employment opportunities available in the area to individuals who complete an educational or career training program that the eligible entity proposes to develop, offer, improve, and provide.
 (C)An assessment of prior demand for training programs by individuals eligible for training and served by the eligible entity, as well as availability and capacity of existing (as of the date of the assessment) training programs to meet future demand for training programs.
 (2)PriorityIn awarding grants under this section, the Secretaries shall give priority to eligible entities that—
 (A)include a partnership, with employers or an employer or industry partnership, that— (i)pays a portion of the costs of educational or career training programs; or
 (ii)agrees to hire individuals who have attained a recognized postsecondary credential resulting from the educational or career training program of the eligible entity;
 (B)enter into a partnership with a labor organization or labor-management training program to provide, through the program, technical expertise for occupationally specific education necessary for a recognized postsecondary credential leading to a skilled occupation in an in-demand industry sector;
 (C)are focused on serving individuals with barriers to employment, students who are veterans, spouses of members of the Armed Forces, incumbent workers who are low-skilled and who need to increase their work-related skills;
 (D)include any eligible entities serving areas with high unemployment rates; and (E)are eligible entities that include an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.; 20 U.S.C. 1101 et seq.).
 (f)Use of fundsGrant funds awarded under this section shall be used for one or more of the following: (1)The development, offering, improvement, and provision of educational or career training programs, that provide relevant job training for skilled occupations, that lead to recognized postsecondary credentials, that will meet the needs of employers in in-demand industry sectors, and that may include registered apprenticeship programs, on-the-job training programs, and programs that support employers in upgrading the skills of their workforce.
 (2)The development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary credential, including a degree, in in-demand industry sectors and occupations, including by—
 (A)facilitating the transfer of academic credits between institutions of higher education, including the transfer of academic credits for courses in the same field of study;
 (B)expanding articulation agreements and policies that guarantee transfers between such institutions, including through common course numbering and use of a general core curriculum;
 (C)developing or enhancing student support services programs; and (D)establishing policies and processes for assessing and awarding course credit for work-related learning.
 (3)The creation of career pathway programs that provide a sequence of education and occupational training that leads to a recognized postsecondary credential, including a degree, including programs that—
 (A)blend basic skills and occupational training; (B)facilitate means of transitioning participants from non-credit occupational, basic skills, or developmental coursework to for-credit coursework within and across institutions;
 (C)build or enhance linkages, including the development of dual enrollment programs and early college high schools, between secondary education or adult education programs (including programs established under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and title II of this Act);
 (D)are innovative programs designed to increase the provision of training for students, including students who are members of the National Guard or Reserves, to enter skilled occupations in in-demand industry sectors;
 (E)support paid internships that will allow students to simultaneously earn credit for work-based learning and gain relevant employment experience in an in-demand industry sector or occupation, which shall include opportunities that transition individuals into employment; and
 (F)develop competency-based education programs that offer an outcome-oriented approach through which recognized postsecondary credentials are awarded based on successful demonstration of skills and proficiency.
 (4)The development and implementation of— (A)a Pay-for-Performance program that leads to a recognized postsecondary credential, for which an eligible entity agrees to be reimbursed under the grant primarily on the basis of achievement of specified performance outcomes and criteria agreed to by the Secretary; or
 (B)a Pay-for-Success program that leads to a recognized postsecondary credential, for which an eligible entity—
 (i)enters into a partnership with an investor, such as a philanthropic organization that provides funding for a specific project to address a clear and measurable educational or career training need in the area to be served under the grant; and
 (ii)agrees to be reimbursed under the grant only if the project achieves specified performance outcomes and criteria agreed to by the Secretary.
										(g)Performance measures
 (1)In generalThe Secretary shall establish performance measures for the programs carried out under this section. (2) MeasuresThe performance measures shall consist of—
 (A)indicators of performance, including the number of program participants who are in unsubsidized employment during the second quarter after exit from the program; and
 (B)a level of performance for each indicator described in subparagraph (A). (3)Monitoring progressThe Secretary shall monitor the progress of eligible entities that receive grants under this section in ensuring that their programs meet the performance measures.
								199A.Authorization of appropriations
 (a)In generalThere are authorized to be appropriated such sums as may be necessary to carry out the program established by section 199. Funds appropriated under this subsection shall remain available until the end of the 5th full fiscal year after the date of enactment of the Community College to Career Fund Act.
 (b)Administrative CostNot more than 5 percent of the amounts made available under subsection (a) may be used by the Secretaries for Federal administration of the program described in that subsection, including providing technical assistance and carrying out evaluations for the program described in that subsection.
 (c)Period of availabilityThe funds appropriated pursuant to subsection (a) for a fiscal year shall be available for Federal obligation for that fiscal year and the succeeding 4 fiscal years.
 199B.DefinitionsFor purposes of this subtitle: (1)Community CollegeThe term community college has the meaning given the term junior or community college in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).
 (2)Educational or career training programThe term educational or career training program means— (A)a career pathway program, as defined in section 3; or
 (B)a program with an integrated education and training approach, as defined in section 203.. (b)Conforming amendmentThe table of contents for the Workforce Innovation and Opportunity Act is amended by inserting after the items relating to subtitle E of title I the following:

						Subtitle F—Community College to Career Fund
						Sec. 199. Community college and industry partnerships program.
						Sec. 199A. Authorization of appropriations.
						Sec. 199B. Definitions..
 (c)Effective dateThis Act, including the amendments made by this Act, takes effect as if included in the Workforce Innovation and Opportunity Act.


114 S2026 IS: Stop Nuclear Waste by Our Lakes Act of 2015
U.S. Senate
2015-09-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 2026
		IN THE SENATE OF THE UNITED STATES

			September 10, 2015
			Ms. Stabenow (for herself, Mr. Peters, Mr. Kirk, and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

		A BILL
		To foster bilateral engagement and scientific analysis of storing nuclear waste in permanent
			 repositories in the
			 Great Lakes Basin.

		1.Short title
 This Act may be cited as the Stop Nuclear Waste by Our Lakes Act of 2015.
 2.FindingsCongress makes the following findings: (1)Ontario Power Generation is proposing to build the Deep Geologic Repository to dispose of low- and intermediate-level nuclear waste less than 1 mile from Lake Huron in Kincardine, Ontario, Canada.
 (2)Members of Congress, citizens of the United States, and citizens of Canada have expressed concern with the proposal to permanently store 7,000,000 cubic feet of nuclear waste in the Great Lakes Basin.
 (3)These boundary waters are protected from pollution under the Treaty Between the United States and Great Britain Relating to Boundary Waters and Questions Arising Between the United States and Canada, signed at Washington January 11, 1909, and entered into force May 5, 1910 (36 Stat. 2448; TS 548) (commonly referred to as the Boundary Waters Treaty of 1909).
 (4)Article VII of the Boundary Waters Treaty of 1909 established the International Joint Commission, which has jurisdiction over any case involving the use, obstruction, or diversion of boundary waters.
 (5)Under Article IX of the Boundary Waters Treaty of 1909, either the United States or Canada may request the International Joint Commission to conduct an examination and issue a report for any question or matter of difference involving the rights, obligations, or interests of either party.
 (6)Under Article X of the Boundary Waters Treaty of 1909, any questions or matters of difference between the United States and Canada involving rights, obligations, or interests either in relation to each other or to their respective inhabitants, may be referred for decision to the International Joint Commission by the consent of the two Parties.
			3.International Joint Commission
 (a)Deep Geological RepositoryNot later than 30 days after the date of the enactment of this Act, the Secretary of State shall request that, pursuant to Article IX of the Boundary Waters Treaty of 1909, the International Joint Commission—
 (1)conduct a review of the long-term impacts of the location of the Deep Geological Repository, including an examination of the conclusions reached in the Environmental Assessment Report issued by the Joint Review Panel on May 6, 2015 (CEAA Reference No. 17520), and whether those conclusions would adequately protect Lake Huron and the other Great Lakes from the risks posed by the operation of the Deep Geological Repository for low and intermediate-level nuclear waste; and
 (2)issue a report on the findings of the Commission to the Governments of the United States and Canada.
 (b)Disposal of high-Level nuclear wasteIn the event the Government of Canada decides to permanently dispose of high-level nuclear waste at a site in close proximity to the Deep Geological Repository or another site in the Great Lakes Basin—
 (1)the Secretary of State shall request that, pursuant to Article IX of the Boundary Waters Treaty of 1909, the International Joint Commission conduct a study on the risks to the Great Lakes Basin of storing high-level nuclear waste in close proximity to the Deep Geological Repository or another site in the Great Lakes Basin; and
 (2)the Secretary of State shall invoke Article X of the Boundary Waters Treaty of 1909 to bring the matter before the International Joint Commission.
 4.International negotiationsThe Secretary of State shall undertake negotiations with the Government of Canada— (1)to delay the final decision on the Deep Geologic Repository until after the International Joint Commission delivers the report issued pursuant to section 3(a)(2); and
 (2)(A)to delay any final decision to store high-level nuclear waste in close proximity to the Deep Geological Repository or another site in the Great Lakes Basin until after the International Joint Commission conducts the study described under section 3(b); and
 (B)to consent to bringing the matter of such disposal of high-level nuclear waste before the International Joint Commission pursuant to Article X of the Boundary Waters Treaty of 1909.
 5.DefinitionsIn this Act: (1)Deep Geologic RepositoryThe term Deep Geologic Repository means the proposal by Ontario Power Generation to dispose of 7,000,000 cubic feet of low- and intermediate-level nuclear waste at the Bruce Nuclear Power Plant in Kincardine, Ontario.
 (2)Great Lakes BasinThe term Great Lakes Basin means— (A)Lake Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, and Lake Superior;
 (B)the connecting channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian Border); and
 (C)all streams, rivers, lakes, and other bodies of water within the drainage basin of the lakes listed in subparagraph (A).


		I
		112th CONGRESS
		2d Session
		H. R. 4082
		IN THE HOUSE OF REPRESENTATIVES

			February 17, 2012
			Mr. Higgins (for
			 himself, Mr. McIntyre,
			 Mr. Moran,
			 Mr. McDermott,
			 Mr. Baca, and
			 Mr. Hinchey) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

		A BILL
		To amend title VII of the Social Security Act to require
		  the President to transmit the annual budget of the Social Security
		  Administration without revisions to Congress, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Social Security Administration
			 Accountability Act of 2012.
		2.Amending Social
			 Security Administration Budgetary Matters
			(a)Annual
			 BudgetSection 704(b)(1)(A)
			 of the Social Security Act (42 U.S.C. 904(b)(1)(A)) is amended to read as
			 follows:

					(b)(1)(A)The Commissioner shall prepare and submit
				an annual budget estimate for the Administration directly to the President and
				Congress.
							.
			(b)Contents of
			 BudgetSection 704(b)(1)(B) of such Act (42 U.S.C. 904(b)(1)(B))
			 is amended to read as follows:

					(B)The Commissioner shall include in the
				annual budget prepared pursuant to subparagraph (A) the following:
						(i)The total number of cases pending at each
				hearing office, listed by hearing office, and an aggregate total of all cases
				pending at all hearing offices.
						(ii)The total number of cases pending for over
				the preceding year at each hearing office, listed by both hearing office and
				presiding administrative judge, and an aggregate total of all cases pending for
				over such year at all hearing offices.
						(iii)The average duration of time to process
				each case at each hearing office, listed by hearing office.
						(iv)The staffing levels at each hearing office
				and field office, including a listing of job titles, classifications, and the
				number of staff within each title and
				classification.
						.
			(c)Comprehensive
			 Work Force PlanSection
			 704(b)(2)(A) of such Act (42 U.S.C. 904(b)(2)(A)) is amended by adding at the
			 end the following: Not later than 90 days before a revision of the
			 comprehensive work force plan, the Commissioner shall submit the document
			 setting forth the revision to the Committee on Ways and Means of the House of
			 Representatives and the Committee on Finance of the Senate..
			3.Closure of Field
			 or Hearing Offices
			(a)Moratorium on
			 closure or consolidation of field or hearing offices or new limitations on
			 access to such offices
				(1)In
			 generalExcept as provided in
			 paragraph (2), the Commissioner of Social Security shall take no action on or
			 after the date of the enactment of this Act to close or consolidate field or
			 hearing offices of the Social Security Administration or to otherwise impose
			 any new limitation on access to such offices.
				(2)Cessation of
			 moratorium upon report to CongressParagraph (1) shall cease to be effective
			 180 days after the Commissioner submits to the Committee on Ways and Means of
			 the House of Representatives and the Committee on Finance of the Senate a
			 detailed report outlining and justifying the process for selecting field or
			 hearing offices to be closed or consolidated or otherwise to have limited
			 access. Such report shall include—
					(A)an analysis of the criteria used for
			 selecting field or hearing offices for closure, consolidation, or limited
			 access;
					(B)a description of
			 how the Commissioner has analyzed and considered relevant factors, including
			 but not limited to transportation and communication burdens faced by
			 individuals serviced by the offices, including elderly and disabled citizens;
			 and
					(C)a description of any method of cost-benefit
			 analysis applied by the Commissioner in connection with closures and
			 consolidations of field or hearing offices, and other limitations on access to
			 field or hearing offices, including any analysis that takes into
			 account—
						(i)the anticipated savings resulting from the
			 closure, consolidation, or limitation on access;
						(ii)the
			 anticipated costs associated with replacing services lost by the closure,
			 consolidation, or limitation on access;
						(iii)the anticipated effects on employees of the
			 offices affected; and
						(iv)such other relevant factors as may be
			 determined by the Commissioner, including but not limited to transportation and
			 communication burdens faced by individuals serviced by the offices, including
			 elderly and disabled citizens.
						(b)Requirements for
			 future closures, consolidations, and new limitations on access
				(1)In
			 generalSection 704 of the Social Security Act (42 U.S.C. 904) is
			 amended by adding at the end the following new subsection:

						(f)Field and hearing offices(1)The Commissioner may not close a field or
				hearing office of the Administration, consolidate two or more such offices, or
				otherwise impose any new limitation on public access to any such office, unless
				the Commissioner complies with the requirements of paragraphs (2), (3), and (4)
				in connection with the closure, consolidation, or limitation on public
				access.
							(2)(A)The requirements of this
				paragraph are met in connection with a closure, consolidation, or new
				limitation on access referred to in paragraph (1) only if—
									(i)not later than 120 days before the
				date of the closure, consolidation, or limitation on access, the Commissioner
				provides effective public notice of the proposed closure, consolidation, or
				limitation on access (including, to the extent practicable, notice by direct
				mailing and through community outlets such as newspapers and posting in heavily
				frequented public spaces) to individuals residing in the area serviced by the
				affected office or offices; and
									(ii)not earlier than 30 days after the issuance
				of public notice pursuant to clause (i) and not later than 45 days before the
				date of the proposed closure, consolidation, or limitation on access, the
				Commissioner conducts at least 2 public hearings (scheduled so that the first
				and last such hearings are separated by at least 10 days), at which the
				Commissioner presents the justifications for the closure, consolidation, or
				limitation on access described in subparagraph (B) and provides for attendees
				an opportunity to present their views regarding the proposed closure,
				consolidation, or limitation on access.
									(B)The justifications referred to in
				subparagraph (A)(ii) shall consist of the following:
									(i)an
				analysis of the criteria used for selecting the field or hearing office or
				offices for closure, consolidation, or limited access;
									(ii)a description of how the Commissioner
				has analyzed and considered relevant factors, including but not limited to
				transportation and communication burdens faced by individuals serviced by the
				offices, including elderly and disabled citizens; and
									(iii)a description of a method of cost-benefit
				analysis which shall be applied by the Commissioner in connection with the
				closure, consolidation, or limitation on access, and which shall take into
				account—
										(I)the anticipated savings resulting from the
				closure, consolidation, or limitation on access;
										(II)the anticipated costs associated
				with replacing services lost by the closure, consolidation, or limitation on
				access;
										(III)the anticipated effects on employees of the
				offices affected; and
										(IV)such other relevant factors as may be
				determined by the Commissioner, including but not limited to transportation and
				communication burdens faced by individuals serviced by the offices, including
				elderly and disabled citizens.
										(C)The notice provided pursuant to
				subparagraph (A)(i) shall include notice of the time and place of the public
				hearings to be conducted pursuant to clause (A)(ii) and of the right of
				aggrieved individuals to appeal to the Commissioner regarding the proposed
				closure, consolidation, or limitation on access pursuant to paragraph
				(4).
								(3)The requirements of this paragraph
				are met in connection with a closure, consolidation, or limitation on access
				referred to in paragraph (1) only if, not later than 30 days before the date of
				the proposed closure, consolidation, or limitation on access, the Commissioner
				submits to the Committee on Ways and Means of the House of Representatives, the
				Committee on Finance of the Senate, and each Member of the Congress
				representing a State or congressional district in which the affected office or
				offices are located a detailed final report in support of the closure,
				consolidation, or limitation on access. Such report shall include—
								(A)the justifications described in paragraph
				(2)(B), (including any amendments made to such justifications after the public
				hearings conducted pursuant to paragraph (2)(A));
								(B)any findings made by the Commissioner
				pursuant to the public hearings;
								(C)the status of any appeals regarding
				the closure, consolidation, or new limitation on access which were commenced
				pursuant to paragraph (4) before the date of the report;
								(D)the final decision of the Commissioner
				regarding the closure, consolidation, or new limitation on access; and
								(E)such other information as the
				Commissioner considers relevant.
								(4)(A)Upon timely request by
				any individual who makes a showing in writing described in subparagraph (B) in
				connection with a proposed closure, consolidation, or limitation on access
				referred to in subparagraph (A), the Commissioner shall give such individual an
				opportunity for a hearing with respect to the closure, consolidation, or
				limitation on access. The request for the hearing shall be considered timely
				only if it is made not later than 30 days before the proposed date of the
				closure, consolidation, or limitation on access. The Commissioner shall submit
				to the Committee on Ways and Means of the House of Representatives, the
				Committee on Finance of the Senate, and each Member of the Congress
				representing a State or congressional district in which the affected office or
				offices are located the Commissioner’s findings based on the hearing and a
				description of any action taken or to be taken by Commissioner on the basis of
				such findings.
								(B)A showing described in subparagraph
				(A) shall consist of a showing that—
									(i)the determination of the Commissioner
				to close a field or hearing office, consolidate field or hearing offices, or
				impose a new limitation on access to a field or hearing office is arbitrary,
				capricious, an abuse of discretion, not in accordance with law, or not based on
				substantial evidence; or
									(ii)the Commissioner has failed to
				observe procedures required by law in connection with the closure,
				consolidation, or new limitation on
				access.
									.
				(2)Effective
			 dateThe amendment made by paragraph (1) of this subsection shall
			 apply with respect to closures and consolidations of field or hearing offices
			 and impositions of new limitations on access to such offices occurring after
			 the cessation of the moratorium under subsection (a) of this section.