109 HR 3347 IH: Montgomery GI Bill for Life Act of 2005
U.S. House of Representatives
2005-07-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 3347
IN THE HOUSE OF REPRESENTATIVES

July 19, 2005
Mr. Larsen of Washington introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend titles 10 and 38, United States Code, to repeal the 10-year limits on use of Montgomery GI Bill educational assistance benefits, and for other purposes.

1.Short titleThis Act may be cited as the Montgomery GI Bill for Life Act of 2005.
2.Repeal of 10-year limit on use of veterans’ educational assistance benefits
(a)All-Volunteer force educational assistance programSection 3031 of title 38, United States Code, is repealed.
(b)Conforming amendments
(1)Section 3018C(e)(3)(B) of such title is amended—
(A)by striking (B)(i) and inserting (B); and
(B)by striking clause (ii).
(2)Section 3020 of such title is amended—
(A)in subsection (f)(1), by striking Subject to the time limitation for use of entitlement under section 3031 of this title, an and inserting An; and
(B)in subsection (h)(5), by striking Notwithstanding section 3031 of this title, a and inserting A.
(3)The heading for subchapter IV of chapter 30 of such title is amended to read as follows:

IVGeneral and administrative provisions.
(c)Clerical amendmentThe chapter analysis at the beginning of chapter 30 of such title is amended by striking the matter relating to the heading for subchapter IV and the item relating to section 3031 and inserting the following:

Subchapter IV—General and administrative provisions.
3.Repeal of 10-year limit on use of selected reserve educational assistance benefits
(a)RepealSection 16133 of title 10, United States Code, is repealed.
(b)Clerical amendmentThe table of sections at the beginning of chapter 1606 of title 10, United States Code, is amended by striking the item relating to section 16133.


		II
		110th CONGRESS
		2d Session
		S. 2576
		IN THE SENATE OF THE UNITED STATES

			January 30, 2008
			Mr. Crapo (for himself,
			 Ms. Collins, Mr. Allard, and Mr.
			 Tester) introduced the following bill; which was read twice and
			 referred to the Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to allow a
		  credit for qualified expenditures paid or incurred to replace certain wood
		  stoves.

		1.Short
			 titleThis Act may be cited as
			 the Clean Stove Act of
			 2008.
		2.Credit for
			 replacement of wood-burning stoves meeting environmental standards
			(a)In
			 generalSubpart A of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is
			 amended by inserting after section 25D the following new section:

					25E.Replacement of
				wood-burning stoves
						(a)Allowance of
				creditIn the case of an individual, there shall be allowed as a
				credit against the tax imposed by this chapter for the taxable year an amount
				equal to the qualified stove replacement expenditures paid or incurred by the
				taxpayer for the taxable year.
						(b)LimitationThe
				amount of the credit under subsection (a) with respect to the replacement of
				each non-compliant wood stove shall not exceed $500.
						(c)Qualified stove
				replacement expendituresFor purposes of this section—
							(1)In
				generalThe term qualified stove replacement
				expenditures means expenditures made by the taxpayer for the purchase
				and installation of a compliant stove which—
								(A)is installed in a
				dwelling unit located in the United States, and
								(B)replaces a
				noncompliant wood stove used in such dwelling unit.
								Such term
				includes expenditures for labor costs properly allocable to the onsite
				preparation, assembly, or original installation of the compliant stove.(2)Compliant
				stoveThe term compliant stove means—
								(A)a wood-burning
				stove which meets the requirements set forth in the Standards of
				Performance for New Residential Wood Heaters issued by the
				Environmental Protection Agency, and
								(B)a pellet or
				corn-burning stove.
								(3)Noncompliant
				wood stoveThe term noncompliant wood stove means
				any wood-burning stove that is not a compliant stove.
							(d)Joint
				occupancy, cooperative housing corporations, and when expenditure
				madeRules similar to the rules of paragraphs (4), (5), and (8)
				of section 25D(e) shall apply for purposes of this section.
						(e)Basis
				adjustmentFor purposes of this subtitle, if a credit is allowed
				under this section for any expenditure with respect to any property, the
				increase in the basis of such property which would (but for this subsection)
				result from such expenditure shall be reduced by the amount of the credit so
				allowed.
						(f)TerminationThis
				section shall not apply to expenditures made after December 31,
				2010.
						.
			(b)Conforming
			 amendments
				(1)Subsection (a) of
			 section 1016 of the Internal Revenue Code of 1986 is amended—
					(A)by striking
			 and at the end of paragraph (36),
					(B)by striking the
			 period at the end of paragraph (37) and inserting , and,
			 and
					(C)by adding at the
			 end the following new paragraph:

							(38)to the extent
				provided in section 25E(e), in the case of amounts with respect to which a
				credit has been allowed under section
				25E.
							.
					(2)The table of
			 sections for subpart A of part IV of subchapter A of chapter 1 of such Code is
			 amended by inserting after the item relating to section 25D the following new
			 item:

						Sec. 25E. Replacement of
				wood-burning stoves..

				(c)Effective
			 dateThe amendments made by this section shall apply to
			 expenditures for stoves purchased after the date of the enactment of this
			 Act.


		IIB
		111th CONGRESS
		1st Session
		H. CON. RES. 89
		IN THE SENATE OF THE UNITED
		  STATES

			July 6, 2009
			Received and referred to the
			 Committee on Foreign
			 Relations

		CONCURRENT RESOLUTION
		Supporting the goals and objectives of the
		  Prague Conference on Holocaust Era Assets.

		Whereas the Government of the Czech Republic will host a
			 Conference on Holocaust Era Assets in Prague from June 26, 2009, through June
			 30, 2009;
		Whereas the Prague Conference will facilitate a review of
			 the 1998 Washington Conference on Holocaust Era Assets, which had participation
			 of 44 nations, 13 nongovernmental organizations, scholars, and Holocaust
			 survivors;
		Whereas a high level United States delegation participated
			 in the Washington Conference on Holocaust Era Assets led by Undersecretary of
			 State Stuart Eizenstat, Nobel Peace Laureate Elie Wiesel, Federal Judge Abner
			 Mikva, senior diplomats, and a bipartisan group of Members of Congress;
		Whereas then-Secretary of State Madeleine Albright
			 delivered the key note address at the Washington Conference on Holocaust Era
			 Assets, articulating the United States commitment to Holocaust survivors and
			 urging conference participants to chart a course for finishing the job
			 of returning or providing compensation for stolen Holocaust assets to survivors
			 and the families of Holocaust victims.;
		Whereas the Prague Conference is expected to take stock of
			 issues agreed on at the Washington Conference, including financial assets, bank
			 accounts, insurance issues, and other financial property;
		Whereas the Prague Conference is expected to include a
			 special session on social programs for Holocaust survivors and other victims of
			 Nazi atrocities;
		Whereas the Prague Conference is expected to include
			 working groups on Holocaust education, remembrance and research, looted art,
			 Judaica, Jewish cultural property, and immovable property, including both
			 private, religious, and communal property;
		Whereas United States participation and leadership at the
			 highest level is critically important to ensure a successful outcome of the
			 Prague Conference;
		Whereas Congress supports further inclusion of Holocaust
			 survivors and their advocates in the Prague Conference planning and
			 proceedings;
		Whereas the United States strongly supports an immediate
			 and just restitution or compensation of property illegally confiscated during
			 the last century by Nazi and Communist regimes;
		Whereas many Holocaust survivors lack the means for even
			 the most basic necessities, including proper housing and health care;
		Whereas the United States and the international community
			 has a moral obligation to uphold and defend the plight and dignity of Holocaust
			 survivors and to ensure their well-being;
		Whereas for the Prague Conference is a critical forum to
			 effectively address the increasing economic, social, housing, and health care
			 needs of Holocaust survivors in their waning years;
		Whereas President Barack Obama, during his visit to the
			 Yad Vashem Holocaust Memorial in Israel in July 2008, stated “Let our children
			 come here and know this history so they can add their voices to proclaim ‘never
			 again.’ And may we remember those who perished, not only as victims but also as
			 individuals who hoped and loved and dreamed like us and who have become symbols
			 of the human spirit.”; and
		Whereas the Prague Conference may represent the last
			 opportunity for the international community to address outstanding
			 Holocaust-era issues: Now, therefore, be it

		That Congress—
			(1)supports the goals and objectives of the
			 2009 Prague Conference on Holocaust Era Assets;
			(2)applauds the Government of the Czech
			 Republic for its decision to host the Prague Conference and its unwavering
			 commitment to address out standing Holocaust-era issues;
			(3)expresses strong support for the decision
			 to make the economic, social, housing, and health care needs of Holocaust
			 survivors a major focus of the Prague Conference;
			(4)urges the countries in Central and Eastern
			 Europe, which have not already done so, to return looted and confiscated
			 properties to their rightful owners or, where restitution is not possible, pay
			 equitable compensation to the rightful owners in accordance with principles of
			 justice and in an expeditious manner that is just, transparent, and
			 fair;
			(5)calls on the
			 President to send a high-level official, such as the Secretary of State, to
			 represent the United States at the Prague Conference; and
			(6)urges other
			 invited nations to participate at a similarly high level.

			Passed the House of
			 Representatives June 26, 2009.
			Lorraine C. Miller,
			Clerk.


116 S4016 IS: Maintaining United States National Security Interests in Europe Act
U.S. Senate
2020-06-18
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 CONGRESS2d SessionS. 4016IN THE SENATE OF THE UNITED STATESJune 18, 2020Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsA BILLTo reiterate the support of Congress for the relationship between the United States and the Federal Republic of Germany, to prevent the weakening of the deterrence capacity of the United States in Europe, to prohibit use of funds to withdraw the United States Armed Forces from Europe, and for other purposes.1.Short titleThis Act may be cited as the Maintaining United States National Security Interests in Europe Act.2.Findings; sense of Congress(a)FindingsCongress makes the following findings:(1)The 2017 National Security Strategy states, [t]he United States will deepen collaboration with our European allies and partners to confront forces threatening to undermine our common values, security interests, and shared vision. The United States and Europe will work together to counter Russian subversion and aggression, and the threats posed by North Korea and Iran. We will continue to advance our shared principles and interests in international forums..(2)After the end of World War II, the presence of foreign military forces in Germany was governed by a law signed in April 1949 that allowed France, the United Kingdom, and the United States to retain forces in Germany.(3)The initial law was succeeded by the Convention on the Presence of Foreign Forces in the Federal Republic of Germany, signed at Paris on October 23, 1954, allowing eight North Atlantic Treaty Organization (NATO) members, specifically Belgium, Canada, Denmark, France, Luxembourg, the Netherlands, the United Kingdom, and the United States, to maintain a long-term presence of military forces in the Federal Republic of Germany.(4)The Federal Republic of Germany has made significant contributions to the North Atlantic Treaty Organization alliance, and by hosting the largest United States Armed Forces presence in Europe, the Federal Republic of Germany has borne a significant burden in the interest of collective security.(5)As of June 2020, the United States presence in various locations in the Federal Republic of Germany, including in Stuttgart at the United States European Command and the United States Africa Command, consists of—(A)approximately—(i)35,000 members of the Armed Forces;(ii)10,000 Department of Defense civilian employees; and (iii)2,000 defense contractors; (B)personnel of the Department of State and other United States Government agencies; and (C)the dependents of individuals described in subparagraphs (A) and (B).(6)The United States presence in Europe, including in the Federal Republic of Germany—(A)protects and defends the United States and United States allies and partners by deterring conflict with the Russian Federation and other adversaries;(B)strengthens and supports the North Atlantic Treaty Organization alliance and critical partnerships in Europe; and (C)serves as an essential support platform for carrying out vital national security engagements in Afghanistan, the Middle East, Africa, and Europe.(7)The deep bilateral ties between the United States and the Federal Republic of Germany have led to decades of economic prosperity for both countries and their allies and have strengthened human rights and democracy around the world. (b)Sense of CongressIt is the sense of Congress that—(1)the United States should continue to maintain and strengthen the bilateral relationship with the Federal Republic of Germany and the relationships with other European allies; (2)the United States should maintain a robust military presence in the Federal Republic of Germany so as to deter further aggression from the Russian Federation or aggression from other adversaries against the United States and its allies and partners; and(3)the United States should remain committed to strong collaboration with European allies as outlined in the 2017 National Security Strategy. 3.Prohibition on use of funds to withdraw the United States Armed Forces from Europe(a)In generalExcept as provided in subsection (b), notwithstanding any other provision of law, no Federal funds are authorized to be appropriated, obligated, expended, or otherwise made available to take any action—(1)to withdraw or otherwise reduce the overall presence, including the rotational presence, of United States Armed Forces personnel and civilian employees of the Department of Defense in Europe;(2)to close or change the status of any base or other facility of the United States Armed Forces located in Europe; or(3)to withdraw or otherwise reduce the overall presence of United States Armed Forces assets in Europe.(b)ExceptionsThe prohibition under subsection (a) shall not apply if—(1)the host government transmits to the United States Government a written request for such a withdrawal or other reduction; or(2)(A)the President declares the intent to take an action described in subsection (a);(B)not later 180 days before initiating an action described in subsection (a), the President submits to the appropriate committees of Congress notice of such intent that includes—(i)a justification for the action;(ii)the number of members of the United States Armed Forces or civilian employees of the Department of Defense to be withdrawn or reduced, as applicable;(iii)a description of the United States Armed Forces assets to be withdrawn or reduced, as applicable;(iv)a description of any base or facility of the United States Armed Forces in Europe to be subject to closure or change of status, as applicable;(v)an explanation of the national security benefit of the action to the United States and the North Atlantic Treaty Organization; and(vi)a plan to offset the reduction in United States and North Atlantic Treaty Organization conventional deterrence against Russian Federation aggression caused by the action; and(C)the action is expressly authorized by a joint resolution of Congress or an Act of Congress enacted after the date of the declaration described in subparagraph (A).(c)Public testimonyNot later than 14 days after the submittal of the notice required by subparagraph (B), the Secretary of State and the Secretary of Defense shall testify before the appropriate committees of Congress in public session on such withdrawal or reduction.4.Report to Congress on decision to withdraw the United States Armed Forces from Germany(a)In generalNot later than 60 days after the date of the enactment of this Act, the President, in consultation with the Secretary of State, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, shall submit to the appropriate committees of Congress, a report that details the decisionmaking process used to arrive at the decision to withdraw members of the Armed Forces from the Federal Republic of Germany announced on June 15, 2020.(b)ElementsThe report required by subsection (a) shall include the following: (1)An assessment of whether any withdrawal of or reduction in United States Armed Forces personnel in the Federal Republic of Germany was ordered by a Presidential directive.(2)A description of the interagency process undertaken to inform the decision outlined in any such Presidential directive or other document calling for such a withdrawal or reduction.(3)A description of the communications with the North Atlantic Treaty Organization, the Government of the Federal Republic of Germany, or other North Atlantic Treaty Organization member countries about the potential decision to change United States force posture in the Federal Republic of Germany.(4)An analysis of the United States national security implications of the proposed withdrawal or reduction of United States Armed Forces presence in the Federal Republic of Germany.5.Appropriate committees of Congress definedIn this Act, the term appropriate committees of Congress means—(1)the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (2)the Committee on Foreign Affairs, the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.


		IIB
		111th CONGRESS
		1st Session
		H. R. 3476
		IN THE SENATE OF THE UNITED
		  STATES

			October 14, 2009
			Received; read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		AN ACT
		To reauthorize the Delaware Water Gap
		  National Recreation Area Citizen Advisory Commission.

		1.Reauthorization of delaware
			 water gap national recreation area citizen advisory commission
			(a)ReauthorizationSection 5 of
			 Public Law
			 100–573 (16 U.S.C. 460o note) is amended by
			 striking 20 and inserting 30.
			(b)Effective
			 dateThis section shall be deemed to have taken effect on October
			 30, 2008.

			Passed the House of
			 Representatives October 13, 2009.
			Lorraine C. Miller,
			Clerk.


		I
		112th CONGRESS
		1st Session
		H. R. 2255
		IN THE HOUSE OF REPRESENTATIVES

			June 21, 2011
			Ms. DeLauro (for
			 herself and Mr. Fattah) introduced the
			 following bill; which was referred to the Committee on Education and the
			 Workforce

		A BILL
		To support the establishment and operation of Teachers
		  Professional Development Institutes.

		1.Teachers professional development
			 institutes
			(a)In generalPart A of title II of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the
			 following:

					6Teachers professional development
				institutes
						2161.Short titleThis subpart may be cited as the
				Teachers Professional Development Institutes Act.
						2162.Findings and purpose
							(a)FindingsCongress makes the following
				findings:
								(1)Teaching is central to the educational
				process and the ongoing professional development of teachers in the subjects
				they teach is essential for improved student learning.
								(2)Attaining the goal of the No Child Left
				Behind Act of 2001 (Public Law 107–110)—having a classroom teacher who is
				highly effective in every academic subject the teacher teaches—will require
				innovative approaches to improve the effectiveness of teachers in the
				classroom.
								(3)The Teachers Institute Model focuses on the
				continuing academic preparation of schoolteachers and the application of what
				the teachers study to their classrooms and potentially to the classrooms of
				other teachers.
								(4)The Teachers Institute Model was developed
				initially by the Yale-New Haven Teachers Institute and has successfully
				operated in New Haven, Connecticut, for more than 30 years.
								(5)The Teachers Institute Model has also been
				successfully implemented in cities larger than New Haven.
								(6)In the spring of 2009, a report entitled
				An Evaluation of Teachers Institute Experiences concluded
				that—
									(A)Teachers Institutes enhance precisely those
				teacher qualities known to improve student achievement;
									(B)Teachers Institutes exemplify the crucial
				characteristics of high-quality teacher professional development; and
									(C)Teachers Institute participation is
				strongly related to teacher retention in high-poverty schools.
									(b)PurposeThe purpose of this subpart is to provide
				Federal assistance to support the establishment and operation of Teachers
				Institutes for local educational agencies that serve significant low-income
				student populations in States throughout the Nation, in order to—
								(1)improve student learning; and
								(2)enhance the quality and effectiveness of
				teaching and strengthen the subject matter mastery and the pedagogical skills
				of current teachers through continuing teacher preparation.
								2163.DefinitionsIn this subpart:
							(1)Significant low-income student
				populationThe term
				significant low-income student population means a student
				population of which not less than 40 percent of the students included are
				eligible for free or reduced price lunches under the Richard B. Russell
				National School Lunch Act.
							(2)Teachers InstituteThe term Teachers Institute
				means a partnership or joint venture—
								(A)between or among—
									(i)1 or more institutions of higher education;
				and
									(ii)1 or more local educational agencies that
				serve 1 or more schools with significant low-income student populations;
				and
									(B)that improves the effectiveness of teachers
				in the classroom, and the quality of teaching and learning, through
				collaborative seminars designed to enhance both the subject matter and the
				pedagogical resources of the seminar participants.
								2164. Program authorized
							(a)In generalThe Secretary is authorized to award grants
				under this subpart in order to encourage the establishment and operation of
				Teachers Institutes.
							(b)Technical assistanceThe Secretary may reserve not more than 50
				percent of the funds appropriated to carry out this subpart to provide
				technical assistance to facilitate the establishment and operation of Teachers
				Institutes. The Secretary may contract with the Yale-New Haven Teachers
				Institute to provide all or part of the technical assistance under this
				subsection.
							(c)Selection criteriaIn selecting Teachers Institutes to support
				through grants under this subpart, the Secretary shall consider—
								(1)the extent to which a proposed Teachers
				Institute will serve schools that have significant low-income student
				populations;
								(2)the extent to which a proposed Teachers
				Institute will follow the understandings and necessary procedures described in
				section 2166;
								(3)the extent to which each local educational
				agency participating in the Teachers Institute has a high percentage of
				teachers who are unprepared or underprepared to teach the core academic
				subjects the teachers are assigned to teach; and
								(4)the extent to which a proposed Teachers
				Institute will receive a level of support from the community and other sources
				that will ensure the requisite long-term commitment for the success of a
				Teachers Institute.
								(d)Consultation
								(1)In generalIn evaluating applications using the
				criteria under subsection (c), the Secretary may request the advice and
				assistance of the Yale-New Haven Teachers Institute or other Teachers
				Institutes.
								(2)State
				agenciesIf the Secretary
				receives 2 or more applications for grants under this subpart from local
				educational agencies within the same State, the Secretary shall consult with
				the State educational agency regarding the applications.
								(e)Fiscal agentThe fiscal agent for the receipt of grant
				funds under this subpart shall be an institution of higher education
				participating in the partnership or joint venture, as described in section
				2163(2)(A), that is establishing or operating the Teachers Institute.
							(f)LimitationsA grant under this subpart—
								(1)shall provide grant funds for a period of
				not more than 5 years; and
								(2)shall be in an amount that is not more than
				50 percent of the total costs of the eligible activities supported under the
				grant, as determined by the Secretary.
								2165.Eligible activitiesGrant funds under this subpart may be
				used—
							(1)for the planning, development,
				establishment, and operation of a Teachers Institute;
							(2)for additional assistance to an established
				Teachers Institute for its further development and for its support of the
				planning, development, establishment, and operation of a Teachers Institute
				under paragraph (1);
							(3)for the salary and necessary expenses of a
				full-time director for a Teachers Institute to plan and manage the Teachers
				Institute and to act as a liaison between all local educational agencies and
				institutions of higher education participating in the Teachers
				Institute;
							(4)to provide suitable office space, staff,
				equipment, and supplies, and to pay other operating expenses, for the Teachers
				Institute;
							(5)to provide a stipend for teachers
				participating in the collaborative seminars conducted by the Institute in the
				sciences and humanities and to provide remuneration for members of the faculty
				of the participating institution of higher education leading the seminars;
				and
							(6)to provide for the dissemination, through
				print and electronic means, of curriculum units prepared in the seminars
				conducted by the Teachers Institute.
							2166.Understandings and proceduresA grantee receiving a grant under this
				subpart shall abide by the following understandings and procedures:
							(1)PartnershipThe essential relationship of a Teachers
				Institute is a partnership between a local educational agency and an
				institution of higher education. A grantee shall demonstrate a long-term
				commitment on behalf of the participating local educational agency and
				institution of higher education to the support, including the financial
				support, of the work of the Teachers Institute.
							(2)SeminarsA Teachers Institute sponsors seminars led
				by faculty of the institution of higher education partner and attended by
				teachers from the local educational agency partner. A grantee shall provide
				participating teachers the ability to play an essential role in planning,
				organizing, conducting, and evaluating the seminars and in encouraging the
				future participation of other teachers.
							(3)Curriculum unitA seminar described in paragraph (2) uses a
				collaborative process, in a collegial environment, to develop a curriculum unit
				for use by participating teachers that sets forth the subject matter to be
				presented and the pedagogical strategies to be employed. A grantee shall enable
				participating teachers to develop a curriculum unit, based on the subject
				matter presented, for use in the teachers' classrooms.
							(4)Eligibility and remunerationSeminars are open to all partnership
				teachers with teaching assignments relevant to the seminar topics. Seminar
				leaders receive remuneration for their work and participating teachers receive
				an honorarium or stipend upon the successful completion of the seminar. A
				grantee shall provide seminar leaders and participating teachers with
				remuneration to allow them to participate in the Teachers Institute.
							(5)DirectionThe operations of a Teachers Institute are
				managed by a full-time director who reports to both partners but is accountable
				to the institution of higher education partner. A grantee shall appoint a
				director to manage and coordinate the work of the Teachers Institute.
							(6)EvaluationA grantee shall annually review the
				activities of the Teachers Institute and disseminate the results to members of
				the Teachers Institute’s partnership community.
							2167.Application, approval, and
				agreement
							(a)In generalTo receive a grant under this subpart, a
				Teachers Institute, or a partnership or joint venture described in section
				2163(2)(A) that is proposing to establish a Teachers Institute, shall submit an
				application to the Secretary that—
								(1)meets the requirement of this subpart and
				any regulations under this subpart;
								(2)includes a description of how the applicant
				intends to use funds provided under the grant;
								(3)includes such information as the Secretary
				may require to apply the criteria described in section 2164(c);
								(4)includes measurable objectives for the use
				of the funds provided under the grant; and
								(5)contains such other information and
				assurances as the Secretary may require.
								(b)ApprovalThe Secretary shall—
								(1)promptly evaluate an application received
				for a grant under this subpart; and
								(2)notify the applicant, within 90 days of the
				receipt of a completed application, of the Secretary’s determination.
								(c)AgreementUpon approval of an application, the
				Secretary and the applicant shall enter into a comprehensive agreement covering
				the entire period of the grant.
							2168.Reports and evaluations
							(a)ReportEach grantee under this subpart shall
				report annually to the Secretary on the progress of the Teachers Institute in
				achieving the purpose of this subpart.
							(b)Evaluation and disseminationThe Secretary shall evaluate the activities
				funded under this subpart and submit an annual report regarding the activities
				assisted under this subpart to the Committee on Health, Education, Labor, and
				Pensions of the Senate and the Committee on Education and the Workforce of the
				House of Representatives. The Secretary shall broadly disseminate successful
				practices developed by Teachers Institutes.
							(c)RevocationIf the Secretary determines that a grantee
				is not making substantial progress in meeting the purposes of the grant by the
				end of the second year of the grant under this subpart, the Secretary may take
				appropriate action, including revocation of further payments under the grant,
				to ensure that the funds available under this subpart are used in the most
				effective manner.
							2169.Authorization of
				appropriationsThere are
				authorized to be appropriated, for grants (including planning grants) and
				technical assistance under this subpart, such sums as may be necessary for
				fiscal year 2012 and each of the 4 succeeding fiscal
				years.
						.
			(b)Table of contentsThe table of contents of the Elementary and
			 Secondary Education Act of 1965 is amended by inserting after the item relating
			 to section 2151 the following:

						SUBPART 6—Teachers
				professional development institutes
						Sec. 2161. Short
				title.
						Sec. 2162. Findings
				and purpose.
						Sec. 2163.
				Definitions.
						Sec. 2164. Program
				authorized.
						Sec. 2165. Eligible
				activities.
						Sec. 2166.
				Understandings and procedures.
						Sec. 2167.
				Application, approval, and agreement.
						Sec. 2168. Reports
				and
				evaluations.

					.


		I
		112th CONGRESS
		2d Session
		H. R. 5636
		IN THE HOUSE OF REPRESENTATIVES

			May 8, 2012
			Mr. Polis introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on certain rolling duffel
		  bags without a removable backpack or daypack.

		1.Certain rolling duffel bags
			 without a removable backpack or daypack
			(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:

								9902.01.00Duffel bags of man-made fibers, valued over $30 each, each
						having wheels, a telescoping handle and stowable shoulder straps, with capacity
						not exceeding 85 liters, not having a removable separate backpack or daypack
						attached by zipper or other means (provided for in subheading
						4202.92.30)FreeNo changeNo changeOn or before 12/31/2015

					.
			(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.


114 HR 2510 RH: To amend the Internal Revenue Code of 1986 to modify and make permanent bonus depreciation.
U.S. House of Representatives
2015-10-28
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.

		IB
		Union Calendar No. 240
		114th CONGRESS
		1st Session
		H. R. 2510
		[Report No. 114–317, Part I]
		IN THE HOUSE OF REPRESENTATIVES

			May 21, 2015
			Mr. Tiberi (for himself, Mr. Smith of Missouri, Mr. Buchanan, Mr. Kelly of Pennsylvania, Mr. Reed, Mr. Nunes, Mrs. Black, Mr. Brady of Texas, Mr. Reichert, Mr. Meehan, Mr. Marchant, Mr. Young of Indiana, Mr. Paulsen, Mr. Renacci, Mrs. Noem, Mr. Dold, Mr. Roskam, Ms. Jenkins of Kansas, Mr. Boustany, Mr. Holding, Ms. Sinema, Mr. Huizenga of Michigan, Mr. Walberg, and Mr. Moolenaar) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on the Budget, 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

			October 28, 2015
			Additional sponsors: Mr. Sam Johnson of Texas, Mr. Blum, Mr. Bost, Mrs. Walorski, Mr. Upton, Mr. Bishop of Michigan, Mr. Loebsack, Mr. Abraham, Mr. Young of Iowa, Mr. Trott, Mr. Carter of Georgia, Mr. Knight, Mr. Graves of Louisiana, Mr. Poliquin, Mr. Valadao, Mr. Emmer of Minnesota, Mr. Newhouse, Mr. Kline, Mr. Rouzer, Mr. Costello of Pennsylvania, Mr. Neugebauer, Mr. Ashford, Mr. Stivers, Mr. Coffman, Mrs. Lawrence, Mr. Byrne, and Mr. Crawford

			October 28, 2015
			Reported from the Committee on Ways and Means with an amendment
			Strike out all after the enacting clause and insert the part printed in italic

			October 28, 2015
			The Committee on the Budget discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
			 be printed
			For text of introduced bill, see copy of bill as introduced on May 21, 2015

		A BILL
		To amend the Internal Revenue Code of 1986 to modify and make permanent bonus depreciation.

		1.Bonus depreciation modified and made permanent
			(a)Made permanent; applicable to qualified improvement property
 (1)In generalSection 168(k)(2) of the Internal Revenue Code of 1986 is amended to read as follows:  (2)Qualified propertyFor purposes of this subsection—
 (A)In generalThe term qualified property means property— (i) (I)to which this section applies which has a recovery period of 20 years or less,
 (II)which is computer software (as defined in section 167(f)(1)(B)) for which a deduction is allowable under section 167(a) without regard to this subsection,
 (III)which is water utility property, or (IV)which is qualified improvement property, and
 (ii)the original use of which commences with the taxpayer. (B)Exception for alternative depreciation propertyThe term qualified property shall not include any property to which the alternative depreciation system under subsection (g) applies, determined—
 (i)without regard to paragraph (7) of subsection (g) (relating to election to have system apply), and (ii)after application of section 280F(b) (relating to listed property with limited business use).
								(C)Special rules
 (i)Sale-leasebacksFor purposes of clause (ii) and subparagraph (A)(ii), if property is— (I)originally placed in service by a person, and
 (II)sold and leased back by such person within 3 months after the date such property was originally placed in service,
									such property shall be treated as originally placed in service not earlier than the date on which
 such property is used under the leaseback referred to in subclause (II).(ii)SyndicationFor purposes of subparagraph (A)(ii), if— (I)property is originally placed in service by the lessor of such property,
 (II)such property is sold by such lessor or any subsequent purchaser within 3 months after the date such property was originally placed in service (or, in the case of multiple units of property subject to the same lease, within 3 months after the date the final unit is placed in service, so long as the period between the time the first unit is placed in service and the time the last unit is placed in service does not exceed 12 months), and
 (III)the user of such property after the last sale during such 3-month period remains the same as when such property was originally placed in service,
									such property shall be treated as originally placed in service not earlier than the date of such
 last sale.(D)Coordination with section 280FFor purposes of section 280F— (i)AutomobilesIn the case of a passenger automobile (as defined in section 280F(d)(5)) which is qualified property, the Secretary shall increase the limitation under section 280F(a)(1)(A)(i) by $8,000.
 (ii)Listed propertyThe deduction allowable under paragraph (1) shall be taken into account in computing any recapture amount under section 280F(b)(2).
 (iii)Inflation adjustmentIn the case of any taxable year beginning in a calendar year after 2015, the $8,000 amount in clause (i) shall be increased by an amount equal to—
 (I)such dollar amount, multiplied by (II)the automobile price inflation adjustment determined under section 280F(d)(7)(B)(i) for the calendar year in which such taxable year begins by substituting 2014 for 1987 in subclause (II) thereof.
									If any increase under the preceding sentence is not a multiple of $100, such increase shall be
 rounded to the nearest multiple of $100.(E)Deduction allowed in computing minimum taxFor purposes of determining alternative minimum taxable income under section 55, the deduction under section 167 for qualified property shall be determined without regard to any adjustment under section 56..
 (2)Qualified improvement propertySection 168(k)(3) of such Code is amended to read as follows:  (3)Qualified improvement propertyFor purposes of this subsection—
 (A)In generalThe term qualified improvement property means any improvement to an interior portion of a building which is nonresidential real property if such improvement is placed in service after the date such building was first placed in service.
 (B)Certain improvements not includedSuch term shall not include any improvement for which the expenditure is attributable to— (i)the enlargement of the building,
 (ii)any elevator or escalator, or (iii)the internal structural framework of the building..
 (b)Expansion of election To accelerate AMT credits in lieu of bonus depreciationSection 168(k)(4) of such Code is amended to read as follows:  (4)Election to accelerate amt credits in lieu of bonus depreciation (A)In generalIf a corporation elects to have this paragraph apply for any taxable year—
 (i)paragraphs (1) and (2)(D) shall not apply to any qualified property placed in service during such taxable year,
 (ii)the applicable depreciation method used under this section with respect to such property shall be the straight line method, and
 (iii)the limitation imposed by section 53(c) for such taxable year shall be increased by the bonus depreciation amount which is determined for such taxable year under subparagraph (B).
 (B)Bonus depreciation amountFor purposes of this paragraph— (i)In generalThe bonus depreciation amount for any taxable year is an amount equal to 20 percent of the excess (if any) of—
 (I)the aggregate amount of depreciation which would be allowed under this section for qualified property placed in service by the taxpayer during such taxable year if paragraph (1) applied to all such property (and, in the case of any such property which is a passenger automobile (as defined in section 280F(d)(5)), if paragraph (2)(D) applied to such automobile), over
 (II)the aggregate amount of depreciation which would be allowed under this section for qualified property placed in service by the taxpayer during such taxable year if paragraphs (1) and (2)(D) did not apply to any such property.
								The aggregate amounts determined under subclauses (I) and (II) shall be determined without regard
			 to any election made under subparagraph (A) or subsection (b)(2)(D),
 (b)(3)(D), or (g)(7).(ii)LimitationThe bonus depreciation amount for any taxable year shall not exceed the lesser of— (I)50 percent of the minimum tax credit under section 53(b) for the first taxable year ending after December 31, 2014, or
 (II)the minimum tax credit under section 53(b) for such taxable year determined by taking into account only the adjusted net minimum tax for taxable years ending before January 1, 2015 (determined by treating credits as allowed on a first-in, first-out basis).
 (iii)Aggregation ruleAll corporations which are treated as a single employer under section 52(a) shall be treated— (I)as 1 taxpayer for purposes of this paragraph, and
 (II)as having elected the application of this paragraph if any such corporation so elects. (C)Credit refundableFor purposes of section 6401(b), the aggregate increase in the credits allowable under part IV of subchapter A for any taxable year resulting from the application of this paragraph shall be treated as allowed under subpart C of such part (and not any other subpart).
						(D)Other rules
 (i)ElectionAny election under this paragraph may be revoked only with the consent of the Secretary. (ii)Partnerships with electing partnersIn the case of a corporation which is a partner in a partnership and which makes an election under subparagraph (A) for the taxable year, for purposes of determining such corporation’s distributive share of partnership items under section 702 for such taxable year—
 (I)paragraphs (1) and (2)(D) shall not apply to any qualified property placed in service during such taxable year, and
 (II)the applicable depreciation method used under this section with respect to such property shall be the straight line method.
 (iii)Certain partnershipsIn the case of a partnership in which more than 50 percent of the capital and profits interests are owned (directly or indirectly) at all times during the taxable year by 1 corporation (or by corporations treated as 1 taxpayer under subparagraph (B)(iii)), each partner shall compute its bonus depreciation amount under clause (i) of subparagraph (B) by taking into account its distributive share of the amounts determined by the partnership under subclauses (I) and (II) of such clause for the taxable year of the partnership ending with or within the taxable year of the partner..
 (c)Special rules for certain plants bearing fruits and nutsSection 168(k) of such Code is amended— (1)by striking paragraph (5), and
 (2)by inserting after paragraph (4) the following new paragraph:  (5)Special rules for certain plants bearing fruits and nuts (A)In generalIn the case of any specified plant which is planted, or is grafted to a plant that has already been planted, by the taxpayer in the ordinary course of the taxpayer’s farming business (as defined in section 263A(e)(4)) during a taxable year for which the taxpayer has elected the application of this paragraph—
 (i)a depreciation deduction equal to 50 percent of the adjusted basis of such specified plant shall be allowed under section 167(a) for the taxable year in which such specified plant is so planted or grafted, and
 (ii)the adjusted basis of such specified plant shall be reduced by the amount of such deduction. (B)Specified plantFor purposes of this paragraph, the term specified plant means—
 (i)any tree or vine which bears fruits or nuts, and (ii)any other plant which will have more than one yield of fruits or nuts and which generally has a period of more than 2 years from the time of planting or grafting to the time at which such plant begins bearing fruits or nuts.
 Such term shall not include any property which is planted or grafted outside of the United States.(C)Election revocable only with consentAn election under this paragraph may be revoked only with the consent of the Secretary. (D)Additional depreciation may be claimed only onceIf this paragraph applies to any specified plant, such specified plant shall not be treated as qualified property in the taxable year in which placed in service.
 (E)Deduction allowed in computing minimum taxRules similar to the rules of paragraph (2)(E) shall apply for purposes of this paragraph.. (d)Conforming amendments (1)Section 168(e)(6) of such Code is amended—
 (A)by redesignating subparagraphs (A) and (B) as subparagraphs (D) and (E), respectively, (B)by striking all that precedes subparagraph (D) (as so redesignated) and inserting the following:

 (6)Qualified leasehold improvement propertyFor purposes of this subsection— (A)In generalThe term qualified leasehold improvement property means any improvement to an interior portion of a building which is nonresidential real property if—
 (i)such improvement is made under or pursuant to a lease (as defined in subsection (h)(7))— (I)by the lessee (or any sublessee) of such portion, or
 (II)by the lessor of such portion, (ii)such portion is to be occupied exclusively by the lessee (or any sublessee) of such portion, and
 (iii)such improvement is placed in service more than 3 years after the date the building was first placed in service.
 (B)Certain improvements not includedSuch term shall not include any improvement for which the expenditure is attributable to— (i)the enlargement of the building,
 (ii)any elevator or escalator, (iii)any structural component benefitting a common area, or
 (iv)the internal structural framework of the building. (C)Definitions and special rulesFor purposes of this paragraph—
 (i)Commitment to lease treated as leaseA commitment to enter into a lease shall be treated as a lease, and the parties to such commitment shall be treated as lessor and lessee, respectively.
 (ii)Related personsA lease between related persons shall not be considered a lease. For purposes of the preceding sentence, the term related persons means—
 (I)members of an affiliated group (as defined in section 1504), and (II)persons having a relationship described in subsection (b) of section 267; except that, for purposes of this clause, the phrase 80 percent or more shall be substituted for the phrase more than 50 percent each place it appears in such subsection., and
 (C)by striking subparagraph (A) in subparagraph (E) (as so redesignated) and inserting subparagraph (D). (2)Section 168(e)(7)(B) of such Code is amended by striking qualified leasehold improvement property and inserting qualified improvement property.
 (3)Section 168(e)(8) of such Code is amended by striking subparagraph (D). (4)Section 168(k) of such Code is amended by adding at the end the following new paragraph:

 (6)Election outIf a taxpayer makes an election under this paragraph with respect to any class of property for any taxable year, paragraphs (1) and (2)(D) shall not apply to any qualified property in such class placed in service during such taxable year. An election under this paragraph may be revoked only with the consent of the Secretary..
 (5)Section 168(l)(3) of such Code is amended— (A)by striking section 168(k) in subparagraph (A) and inserting subsection (k), and
 (B)by striking section 168(k)(2)(D)(i) in subparagraph (B) and inserting subsection (k)(2)(B). (6)Section 168(l)(4) of such Code is amended by striking subparagraph (E) of section 168(k)(2) and all that follows and inserting subsection (k)(2)(C) shall apply..
 (7)Section 168(l)(5) of such Code is amended by striking section 168(k)(2)(G) and inserting subsection (k)(2)(E). (8)Section 263A(c) of such Code is amended by adding at the end the following new paragraph:

 (7)Coordination with section 168(k)(5)This section shall not apply to any amount allowed as a deduction by reason of section 168(k)(5) (relating to special rules for certain plants bearing fruits and nuts)..
 (9)Section 460(c)(6)(B) of such Code is amended by striking which— and all that follows and inserting which has a recovery period of 7 years or less.. (10)Section 168(k) of such Code is amended by striking acquired after December 31, 2007, and before January 1, 2015 in the heading thereof.
				(e)Effective dates
 (1)In generalExcept as otherwise provided in this subsection, the amendments made by this section shall apply to property placed in service after December 31, 2014, in taxable years ending after such date.
				(2)Expansion of election to accelerate amt credits in lieu of bonus depreciation
 (A)In generalThe amendment made by subsection (b) shall apply to taxable years ending after December 31, 2014. (B)Transitional ruleIn the case of any taxable year beginning before January 1, 2015, and ending after December 31, 2014, the limitation under section 168(k)(4)(B)(ii) of the Internal Revenue Code of 1986 (as amended by this section) shall be the sum of—
 (i)the product of— (I)the maximum increase amount (within the meaning of section 168(k)(4)(C)(iii) of such Code, as in effect before the amendments made by this section), multiplied by
 (II)a fraction the numerator of which is the number of days in the taxable year before January 1, 2015, and the denominator of which is the number of days in the taxable year, plus
 (ii)the product of— (I)such limitation (determined without regard to this subparagraph), multiplied by
 (II)a fraction the numerator of which is the number of days in the taxable year after December 31, 2014, and the denominator of which is the number of days in the taxable year.
 (3)Special rules for certain plants bearing fruits and nutsThe amendments made by subsection (c) (other than paragraph (1) thereof) shall apply to specified plants (as defined in section 168(k)(5)(B) of the Internal Revenue Code of 1986, as amended by this section) planted or grafted after December 31, 2014.
 2.Budgetary effectsThe budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.

		October 28, 2015
		Reported from the Committee on Ways and Means with an amendment
		October 28, 2015
		The Committee on the Budget discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
			 be printed


115 HR 2223 IH: Community Protection and Preparedness Act of 2017
U.S. House of Representatives
2017-04-28
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. 2223IN THE HOUSE OF REPRESENTATIVESApril 28, 2017Mr. DeFazio (for himself, Mr. Walden, Mr. Blumenauer, and Ms. Bonamici) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend title 49, United States Code, to provide for a rail spill preparedness fund, and for other purposes.
1.Short titleThis Act may be cited as the Community Protection and Preparedness Act of 2017. 2.Rail spill preparedness fund (a)In generalChapter 51 of title 49, United States Code, is amended by inserting after section 5110 the following:

5111.Rail spill preparedness fund
(a)Establishment of Rail AccountThere is established in the Oil Spill Liability Trust Fund a separate account to be known as the Rail Account consisting of such amounts as may be appropriated, credited, deposited, or transferred to such account as provided in this section. (b)Fee for certain railroad tank cars transporting Class 3 flammable liquidsNot later than October 1, 2017, and annually thereafter, the Secretary shall impose a fee of $1,500 for each DOT–111 specification railroad tank car, including each CPC–1232 tank car, used to transport Class 3 flammable liquids during the previous fiscal year that, at the time such tank car was used, did not meet the DOT–117, DOT–117P, or DOT–117R specifications in part 179 of title 49, Code of Federal Regulations. Such fee shall be—
(1)paid by each person who causes such liquids to be transported by such a tank car in commerce; and (2)imposed regardless of—
(A)train composition; or (B)the phase-out schedule under section 7304(b) of the FAST Act (49 U.S.C. 20155 note).
(c)LimitationA fee imposed pursuant to subsection (b) may not be imposed on a railroad carrier that transports Class 3 flammable liquids. (d)Means of collectionThe Secretary shall prescribe procedures to collect the fees described in subsection (b). The Secretary may use a department, agency, or instrumentality of the United States Government or of a State or local government to collect the fee and may reimburse the department, agency, or instrumentality a reasonable amount for its services.
(e)DepositsAmounts equivalent to the fees collected pursuant to subsection (b) shall be deposited into the Rail Account. (f)ExpendituresAmounts deposited pursuant to subsection (e) shall be available to the Secretary, without need of further appropriation, only for the following purposes:
(1)The payment of removal and remediation costs and other costs, expenses, claims, and damages related to an accident or incident involving the transportation of Class 3 flammable liquids by rail. (2)For the Secretary to make grants to States and Indian tribes to—
(A)to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.) related to an accident or incident involving the transportation of Class 3 flammable liquids by rail, including ascertaining flow patterns of Class 3 flammable liquids on lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe; (B)to develop and train regional hazardous material emergency response teams to prepare for an accident or incident involving the transportation of Class 3 flammable liquids by rail;
(C)to train public sector employees to respond to accidents and incidents involving the transportation of Class 3 flammable liquids by rail consistent with the requirements of section 5116; and (D)for any other measures that the Secretary, in consultation with States and Indian tribes, determines necessary to assist such States and Indian tribes in preparing for accidents and incidents involving the transportation of Class 3 flammable liquids by rail.
(g)Public sector training standardsTo the extent that a grant under subsection (f) is used to train emergency responders, the State or Indian tribe shall ensure that the emergency responders who receive training under the grant have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials, including the transportation of Class 3 flammable liquids by rail. (h)No effect on compliance or liability under Federal or State lawNothing in this section may be construed to affect or limit the application of, obligation to comply with, or liability under any Federal or State law.
(i)Definitions
(1)Class 3 flammable liquidThe term Class 3 flammable liquid has the meaning given the term flammable liquid in section 173.120(a) of title 49, Code of Federal Regulations. (2)Railroad carrierThe term railroad carrier has the meaning given such term in section 20102..
(b)Conforming amendmentThe analysis for chapter 51 of title 49, United States Code, is amended by inserting after the item relating to section 5110 the following new item:   5111. Rail spill preparedness fund.. 3.Final rule on oil spill response plansNot later than 3 months after the date of enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall issue a final rule relating to the notice of proposed rulemaking issued on July 29, 2016, entitled Hazardous Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains (81 Fed. Reg. 50067).
4.Track safety specialistsThere are authorized to be appropriated such sums as may be necessary for the Administrator of the Federal Railroad Administration to hire a minimum of 2 additional track safety specialists per region. 5.Study on the adequacy of certain track inspections and regulationsNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
(1)an assessment of the adequacy of— (A)railroad track inspections, including the frequency of inspections;
(B)training provided to railroad track inspectors and related railroad personnel; (C)railroad compliance with Federal track safety regulations; and
(D)Federal oversight of railroads with respect to track safety; and (2)an evaluation on the leading causes of track defects, particularly along routes where passenger trains, high-hazardous flammable trains, or trains carrying poisonous or toxic-by-inhalation materials, explosives, or radioactive material traverse.


109 HR 4234 IH: Small Business Gulf Coast Revitalization Act of 2005
U.S. House of Representatives
2005-11-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 4234
IN THE HOUSE OF REPRESENTATIVES

November 4, 2005
Ms. Velázquez introduced the following bill; which was referred to the Committee on Small Business

A BILL
To provide for the relief, recovery, and expansion of small business concerns affected by Hurricane Katrina through technical assistance, access to capital, and expanded Federal contracting opportunities, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Small Business Gulf Coast Revitalization Act of 2005.
(b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents
Sec. 2. Definitions
Title I—FINANCIAL ASSISTANCE FOR SMALL BUSINESS CONCERNS AFFECTED BY HURRICANE KATRINA
Sec. 101. Grants to Hurricane Katrina-affected small businesses
Sec. 102. Modifications to section 7(b) disaster loan program for Hurricane Katrina-affected small business concerns
Sec. 103. Gulf hurricane 7(b) loan guarantee program
Sec. 104. Gulf Region New Markets Venture Capital Company
Sec. 105. Increased assistance under PRIME program
Sec. 106. Guarantees for bank loans made to Hurricane Katrina-affected small business concerns receiving development company financing
Title II—REQUIRING AND ENSURING SMALL BUSINESS USE IN LEADING DEVELOPMENT
Sec. 201. Small business access to Federal prime contracts for hurricane relief and recovery
Sec. 202. Preferences for Hurricane Katrina-affected small business concerns
Sec. 203. Small business access to subcontracts for hurricane relief and recovery
Sec. 204. Extension of certain program participations and certifications
Sec. 205. Suspension of certain limitations on contract size
Sec. 206. Federal contracts in Hurricane Katrina-affected areas begun prior to August 28, 2005
Title III—ENTREPRENEURIAL ASSISTANCE FOR SMALL BUSINESSES AFFECTED BY KATRINA
Sec. 301. Waiver of matching funds requirement for small business development centers and women’s business centers located in Hurricane Katrina-affected areas
Sec. 302. Authorization of additional funding for assistance for Hurricane Katrina-affected businesses
Sec. 303. Small business development center coordination
Sec. 304. Gulf Coast Incubator Revitalization Program
2.DefinitionsIn this Act:
(1)The term Administrator means the Administrator of the Small Business Administration.
(2)The term Hurricane Katrina-affected area means an area in a county or parish in Alabama, Louisiana, or Mississippi, that on or after August 28, 2005, has been designated by the Administrator as a disaster area by reason of Hurricane Katrina.
(3)The term Hurricane Katrina-affected small business concern means a small business concern that, as of August 28, 2005, was located in a Hurricane Katrina-affected area.
(4)The term small business concern has the same meaning as under section 3 of the Small Business Act (15 U.S.C. 632).
(5)The term small business concern owned and controlled by women has the meaning given such term under section 3(n) of such Act (15 U.S.C. 632(n)).
(6)The term small business development center has the same meaning as under section 21 of the Small Business Act (15 U.S.C. 648).
(7)The term socially and economically disadvantaged small business concern has the same meaning given that term under section 8(a)(4) of such Act (15 U.S.C. 637(a)(4)) except that in addition to the requirements of that section, the concern shall be required to be certified by the Administrator or by the head of an appropriate Federal or State entity as a socially and economically disadvantaged small business concern.
IFINANCIAL ASSISTANCE FOR SMALL BUSINESS CONCERNS AFFECTED BY HURRICANE KATRINA
101.Grants to Hurricane Katrina-affected small businesses
(a)AuthorityThe Administrator may make a grant of up to $100,000 to an eligible small business concern.
(b)Eligible small business concernFor purposes of this section, an eligible small business concern is a small business concern that—
(1)is a Hurricane Katrina-affected small business concern; and
(2)submits to the Administrator a certification by the owner of such concern of intent to reestablish the concern in a Hurricane Katrina-affected area.
(c)Priority for certain small business concernsIn making grants under this section, the Administrator shall give priority to an eligible small business concern that the Administrator determines is economically viable but unable to meet short-term financial obligations.
(d)Authorization of appropriationsThere is authorized to be appropriated for grants under this section $500,000,000 to remain available until expended.
102.Modifications to section 7(b) disaster loan program for Hurricane Katrina-affected small business concerns
(a)Program modifications for all Hurricane Katrina-affected small business concernsIn the case of a Hurricane Katrina-affected small business concern, the Administrator shall apply section 7(b) of the Small Business Act (15 U.S.C. 636(b)) with the following modifications:
(1)The Administrator may refinance the existing debt of such a business concern under such section.
(2)The Administrator shall, for a period of 36 months, suspend the obligation of such a business concern to make a payment of principal or interest on loan under such section.
(b)Reduction of interest rates for small business concerns unable to obtain credit elsewhereIn the case of a Hurricane Katrina-affected small business concern that the Administrator finds is not able to obtain credit elsewhere, the annual interest rate on a loan made or guaranteed under such section shall not exceed 3 percent.
(c)Extension of terms for loans to small business concerns able to obtain credit elsewhereIn the case of a Hurricane Katrina-affected small business concern that the Administrator finds is able to obtain credit elsewhere the period for which a loan may be made or guaranteed under such section shall not exceed 15 years.
103.Gulf hurricane 7(b) loan guarantee program
(a)AuthorityThe Administrator may enter into an agreement with a preferred lender (as described in section 5(b)(7) of the Small Business Act (15 U.S.C. 634)) to participate on a deferred basis in a loan made by the preferred lender to a Hurricane Katrina-affected small business concern under section 7(b) of such Act (15 U.S.C. 636(b)) in accordance with this section.
(b)Administration guaranteeThe Administration shall guarantee 100 percent of any loan covered by an agreement with a participating lender under subsection (a).
(c)Guarantee feesWith respect to each loan guaranteed under this section (other than a loan that is repayable in one year of less), the Administrator shall pay to the preferred lender a guarantee fee of 2 percent of the deferred participation share of the total loan amount.
(d)Annual feesWith respect to a loan guaranteed under this section, the Administrator shall pay to the preferred lender an annual fee of 0.5 percent per year of the outstanding balance of the deferred participation share of the loan.
(e)ConditionsA loan under this section shall be made under the following conditions:
(1)The borrower shall be made aware that the loan is for a Hurricane Katrina-affected small business concern; and
(2)In the case of a loan made in cooperation with a bank or other lending institution, the lender shall submit to the Administrator documentation establishing that the borrower is a Hurricane Katrina-affected small business concern.
(f)Sale of loans on secondary marketA loan guaranteed under this section may be sold on the secondary market under the terms and conditions of section 5 of the Small Business Act (15 U.S.C. 634).
(g)Interest rate reduction
(1)In generalThe Administrator shall reduce the interest rates of certain loans guaranteed under this section in accordance with this subsection.
(2)Contracts with lendersIn carrying out paragraph (1), the Administrator shall enter into a contract with, and make payments to, a preferred lender to reduce during the term of such contract the interest rate paid by a Hurricane Katrina-affected small business concern on a loan made by such preferred lender and guaranteed under this section if the interest rate charged on such loan would otherwise exceed the interest rate charged by the Administrator on loans made under section 7(b) of the Small Business Act (15 U.S.C. 636(b)).
(3)Payments to lendersIn return for a contract entered into by a preferred lender under paragraph (2), the Administrator shall make payments to the preferred lender in an amount equal to not more than 100 percent of the cost of reducing the annual rate of interest on such loan to a rate equal to the rate of interest charged by the Administrator on loans made under such section, except that such payments may not exceed the cost of reducing such rate by more than 4 percent.
(4)Duration of contractsThe term of a contract entered into under this subsection to reduce the interest rate on a guaranteed loan may not exceed the outstanding term of such loan.
(h)ReportNot later than 6 months after the date of enactment of this Act, and every 6 months thereafter until the date that is 18 months after the date of enactment of this Act, the Inspector General of the Small Business Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on loans made under this section, including verification that such loans have not been made to business concerns other than Hurricane Katrina-affected small business concerns.
(i)TerminationThe authority to guarantee a new loan under this section shall terminate on the date that is three years after the date of the enactment of this Act.
104.Gulf Region New Markets Venture Capital Company
(a)Solicitation of applicationsThe Administrator shall solicit applications from companies that are eligible to apply to participate in the New Markets Venture Capital Program under section 354 of the Small Business Investment Act of 1958 (15 U.S.C. 689c) and shall select from among the applicants, a company as a new markets venture capital company (as that term is defined in section 351(5) of such Act (15 U.S.C. 689(5)) to be known as the Gulf Region New Markets Venture Capital Company.
(b)QualificationThe company selected under subsection (a) shall have a primary objective of economic development in Hurricane Katrina-affected areas.
(c)Authorization of appropriationsThere is authorized to be appropriated, to remain available until expended, the following sums:
(1)Such subsidy budget authority as may be necessary to guarantee, under part B of title III of the Small Business Investment Act of 1958 (15 U.S.C. 689 et seq.), $50,000,000 of debentures issued by the Gulf Region New Markets Venture Capital Company, as established pursuant to this section.
(2)$10,000,000 for grants to the Gulf Region New Markets Venture Capital Company under such part.
105.Increased assistance under PRIME program
(a)Increase in assistanceThe Administrator shall make grants under the microenterprise technical assistance and capacity building grant program under subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901 et seq.) to qualified organizations (as that term is defined in section 175 of such Act) that provide assistance to Hurricane Katrina-affected small business concerns.
(b)Authorization of appropriationsThere is authorized to be appropriated $5,000,000 to carry out this section.
106.Guarantees for bank loans made to Hurricane Katrina-affected small business concerns receiving development company financing
(a)AuthorityThe Administrator may guarantee a portion not to exceed 75 percent of a loan made by a financial institution to a Hurricane Katrina-affected small business concern that receives financing through a development company under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.).
(b)Terms of guaranteeA guarantee made under subsection (a) shall be made under the same terms and conditions as a guarantee under section 7(a) of the Small Business Act (15 U.S.C. 636(a)).
(c)TerminationThe authority to guarantee a new loan under this section shall terminate on the date that is three years after the date of the enactment of this Act.
IIREQUIRING AND ENSURING SMALL BUSINESS USE IN LEADING DEVELOPMENT
201.Small business access to Federal prime contracts for hurricane relief and recovery
(a)Small business contracting requirementNot less than 30 percent of the total value of all prime contracts awarded by Federal agencies for recovery or reconstruction activities related to Hurricane Katrina shall be awarded to small business concerns that, as of August 28, 2005, were located in the State of Alabama, Mississippi, or Louisiana.
(b)Restricted competition for Hurricane Katrina-affected small business concernsA contracting officer of a Federal agency that awards a contract for recovery or reconstruction activities to be carried out in a Hurricane Katrina-affected area may award such contract on the basis of competition restricted to Hurricane Katrina-affected small business concerns if the contracting officer has a reasonable expectation that two or more Hurricane Katrina-affected small business concerns will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States.
(c)Restricted competition for socially and economically disadvantaged small business concernsA contracting officer of a Federal agency that awards a contract for recovery or reconstruction activities to be carried out in a Hurricane Katrina-affected area may award such contract on the basis of competition restricted to socially and economically disadvantaged small business concerns if the contracting officer has a reasonable expectation that two or more socially and economically disadvantaged small business concerns will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States.
(d)Reservation of certain small contracts for small business concerns
(1)ReservationNotwithstanding section 15(j) of the Small Business Act (15 U.S.C. 644(j)), each Federal contract for recovery or reconstruction activities to be carried out in a Hurricane Katrina-affected area that has an anticipated value greater than $2,500 but not greater than $1,000,000 shall be reserved exclusively for Hurricane Katrina-affected small business concerns unless the contracting officer is unable to obtain offers with respect to such contract from two or more Hurricane Katrina-affected small business concerns that are competitive with market prices and with regard to the quality and delivery of the goods or services being purchased.
(2)Consideration of offers In carrying out paragraph (1), a Federal contracting officer shall consider a responsive offer timely received from a Hurricane Katrina-affected small business concern.
(3)No preclusion of certain other contract awardsNothing in paragraph (1) shall be construed as precluding an award of a contract with a value not greater than $1,000,000 under the authority of—
(A)section 8(a) of such Act;
(B)section 2323 of title 10, United States Code;
(C)section 712 of the Business Opportunity Development Reform Act of 1988 (Public Law 100–656; 15 U.S.C. 644 note); or
(D)section 7102 of the Federal Acquisition Streamlining Act of 1994.
(e)Contracting plan requiredThe head of each Federal agency that awards a contract for recovery or reconstruction activities to be carried out in a Hurricane Katrina-affected area shall develop a contracting plan for such contracts awarded by that agency to maximize prime contracting opportunities for small business concerns.
(f)Contracting databaseIf a Federal agency maintains a database of small business concerns for the purpose of entering into contracts for recovery or reconstruction activities to be carried out in Hurricane Katrina-affected areas, the head of that agency shall, not later than 30 days after the date on which a small business concern is registered in the database, with respect to such contracts—
(1)notify the small business concern whether or not a contracting opportunity with the agency exists for the provision of goods or services of the kind provided by the small business concern;
(2)identify whether or not the small business concern is eligible to bid on a contract for which notice has been provided under paragraph (1); and
(3)if such a contracting opportunity exists, provide the small business concern with information about such opportunity.
202.Preferences for Hurricane Katrina-affected small business concerns
(a)Preference for Hurricane Katrina-affected small business concernsFor any Federal contract awarded for recovery or reconstruction activities to be carried out in a Hurricane Katrina-affected area, the Federal agency awarding the contract shall use—
(1)in the case of contracts for activities other than construction activities, a price evaluation preference not in excess of 10 percent when evaluating an offer received from a Hurricane Katrina-affected small business concern; and
(2)in the case of contracts for construction activities, a price evaluation preference not in excess of 5 percent when evaluating an offer received from such a small business concern.
(b)Preference for experienced Hurricane Katrina-affected small business concernsIn the evaluation of any offer received for a Federal contract for recovery or reconstruction activities to be carried out in a Hurricane Katrina-affected area, the Federal agency evaluating the offers shall give a preference to Hurricane Katrina-affected small business concerns that have experience with the Federal agency as a prime contractor or a subcontractor under a prime contract with the agency.
203.Small business access to subcontracts for hurricane relief and recovery
(a)Small business subcontracting requirement
(1)RequirementAs a condition of entering into a Federal prime contract for recovery or reconstruction activities related to Hurricane Katrina, a large business contractor shall agree to award subcontracts, the aggregate value of which shall not be less than 30 percent of the value of the contract, to small business concerns that, as of August 28, 2005, were located in the State of Alabama, Mississippi, or Louisiana. Upon completion of each contract under the preceding sentence, the Administrator shall determine whether or not the contractor complied with the small business award requirement. The determination of the Administrator shall be final.
(2)Fines for noncompliance
(A)FinesIf a contractor fails to comply with the requirement under paragraph (1), the contractor shall pay to the Administrator a fine in an amount not less than 1 percent of the value of the contract. The Administrator shall enforce payment under the preceding sentence.
(B)Deposit of amountsThe Administrator shall deposit any amounts collected under subsection (A) into the Contract Assistance Technical Fund, established under paragraph (3).
(3)Contract Assistance Technical Fund
(A)EstablishmentThe Administrator shall establish in the Small Business Administration an account to be known as the Contract Assistance Technical Fund.
(B)Use of fundsAmounts deposited in the account established under subparagraph (A) shall be available to the Administrator to provide technical assistance and contracting assistance to Hurricane Katrina-affected small business concerns.
(b)Review of certain contract awards
(1)Review requiredNot later than 60 days after the date of the enactment of this Act, the head of each Federal agency that enters into a contract for recovery or reconstruction activities to be carried out in a Hurricane Katrina-affected area with a business concern other than a small business concern using procedures other than competitive procedures shall conduct an review of any such contracts entered into by the agency.
(2)Matters for reviewIn carrying out the review under paragraph (1), the head of the agency shall identify—
(A)the total dollar value of all subcontracts of any such contracts awarded to small business concerns, small business concerns owned and controlled by women, and socially and economically disadvantaged small business concerns; and
(B)any contract awarded to a business concern other than a small business concern that could have been awarded to a small business concern.
(3)ReportsNot later than 90 days after completion of each review under paragraph (1), the head of the Federal agency involved shall submit a report of the review to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate.
(c)Procedures for payment of small business subcontractors
(1)Implementation of proceduresAs a condition of entering into a Federal contract for recovery or reconstruction activities to be carried out in a Hurricane Katrina-affected area, a prime contractor that is not a small business concern shall implement a procedure for paying a subcontractor that is a Hurricane Katrina-affected small business concern during the 7-day period beginning on the date on which the prime contractor receives an invoice from the subcontractor.
(2)ApplicabilityWith respect to a Federal contract for recovery or reconstruction activities to be carried out in a Hurricane Katrina-affected area entered into before the date of the enactment of this Act, the condition under paragraph (1) shall apply beginning on the date that is 30 days after the date of the enactment of this Act.
204.Extension of certain program participations and certifications
(a)8(a) and HUBZone program participationIn the case of a Hurricane Katrina-affected small business concern that, as of August 28, 2005, was participating in the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) or the HUBZone program under section 31 of such Act (15 U.S.C. 657a), the Administrator shall provide for the participation of such concern in such program until the date that is one year after the date on which such participation would otherwise terminate.
(b)Social and economic disadvantage certificationIn the case of a Hurricane Katrina-affected small business concern that, as of August 28, 2005, was certified by the Administrator as a socially and economically disadvantaged small business concern, the Administrator shall provide for the certification of such concern as a socially and economically disadvantaged small business concern until the date that is one year after the date on which such certification would otherwise terminate.
205.Suspension of certain limitations on contract sizeIn the case of a Hurricane Katrina-affected small business concern that, as of August 28, 2005, was participating in the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)), the Administrator shall waive the limitation under section 8(a)(1)(D)(i)(II) with respect to any Federal contract for recovery or reconstruction activities to be carried out in a Hurricane Katrina-affected area.
206.Federal contracts in Hurricane Katrina-affected areas begun prior to August 28, 2005
(a)Additional amounts for certain small business concernsIn the case of a small business concern that incurred any destruction or damage by reason of Hurricane Katrina that is directly related to the fulfillment of a Federal contract that was awarded before August 28, 2005, to provide goods or services in a Gulf-hurricane affected area the head of the Federal agency that entered into such contract shall pay such small business concern, in addition to the amount specified in the contract, such amounts as are required to pay for the damage or destruction.
(b)Authorization of appropriationsThere is authorized to be appropriated $50,000,000 to carry out subsection (a).
IIIENTREPRENEURIAL ASSISTANCE FOR SMALL BUSINESSES AFFECTED BY KATRINA
301.Waiver of matching funds requirement for small business development centers and women’s business centers located in Hurricane Katrina-affected areasSmall business development centers under section 21 of the Small Business Act (15 U.S.C. 648) and Women’s Business Centers under section 29 of that Act (15 U.S.C. 656) that are located in a Hurricane Katrina-affected area, shall not be required to obtain matching non-Federal funds in accordance with in section 21(a)(4) of that Act (15 U.S.C. 648(a)(4)) or section 29(l)(4) of that Act (15 U.S.C. 656(l)(4)), respectively.
302.Authorization of additional funding for assistance for Hurricane Katrina-affected businesses
(a)CounselorsSmall business development centers, under section 21 of the Small Business Act (15 U.S.C. 648), throughout the United States are authorized to send counselors to centers located in a Hurricane Katrina-affected area. Salaries, travel expenses and lodging for such counselors shall be paid out of amounts authorized under this section. The Administrator of the Small Business Administration shall not prohibit centers that have willing counselors from sending those counselors to a Hurricane Katrina-affected area to provide services to centers in a Hurricane Katrina-affected area.
(b)Certain ReimbursementsSmall business development centers that send counselors to a Hurricane Katrina-affected area may apply for reimbursement of costs related to temporary replacement of such counselors under the amounts authorized under this section.
(c)Program grants for recovery assistanceGrants of not more than $500,000 shall be available for small business development centers, the Service Corps for Retired Executives, and Women’s Business Centers in Hurricane Katrina-affected areas to establish supplementary programs that will do at least one of the following:
(1)Provide assistance to Hurricane Katrina-affected small business concerns in completing disaster loan paperwork and dealing with private financing issues for their businesses. The Administrator of the Small Business Administration shall work with grantees to ensure that loans are processed in a timely manner.
(2)Assist Hurricane Katrina-affected small business concerns in Hurricane Katrina-affected areas to obtain Federal contracting opportunities, as outlined in section 303, and assist local small businesses to identify and hire employees.
(3)Assist Hurricane Katrina-affected small business concerns in identifying and hiring potential employees. The grantee shall work to help and identify displaced workers to find employment with small business concerns.
(d)Entrepreneurial Service CentersSmall Business Administration Entrepreneurial Assistance Centers that are located in Hurricane Katrina-affected areas, including grantees in Women’s Business Center and small business development center programs, as well as SCORE Centers authorized by section 8(b)(1) of the Small Business Act (15 U.S.C. 637 (b)(1)), shall be eligible to apply for grants up to $250,000 for purpose of dealing with increased demand for services.
(e)Authorization of appropriationsThere are authorized to be appropriated $10,000,000 to carry out this section.
303.Small business development center coordination
(a)Contract award notificationThe head of each Federal agency that awards a contract for recovery or reconstruction activities to be carried out in a Hurricane Katrina-affected area shall provide, not later than 30 days before the award of such contract, information about such contract to the director of each small business development center located in the area for which the goods or services are to be provided under the contract.
(b)Coordination of opportunitiesUpon receipt of the information about a contract provided under paragraph (1), the director of a small business development center shall—
(1)make a reasonable effort to identify a small business concern located in the area served by the small business development center to perform the contract; and
(2)upon such identification, notify the head of the Federal agency awarding the contract of such identification.
(c)Provision of database assistanceThe director of a small business development center located in a Hurricane Katrina-affected area shall provide assistance for small business concerns located in the area served by that small business development center in registering in any database maintained by a Federal agency or by a prime contractor for the purpose of entering into contracts for recovery or reconstruction activities to be carried out in Hurricane Katrina-affected areas.
304.Gulf Coast Incubator Revitalization Program
(a)PurposeIt is the purpose of the Gulf Coast Incubator Revitalization Program—
(1)to promote economic development in Hurricane Katrina-affected areas, particularly focussing on the creation of wealth and job opportunity in low-income demographic areas;
(2)to develop a business incubation program with the mission of providing focused assistance to aid in the development of small businesses for those areas that were devastated by the effects of Hurricane Katrina;
(3)to make grants to economic development organizations and other entities in Hurricane Katrina-affected areas, for the purpose of providing business incubation services to small businesses; and
(4)to revitalize and reuse industrial sites for economic growth.
(b)Grant program
(1)In generalIn accordance with this subsection, the Administrator may make a 5-year grant to each of 10 eligible organizations to establish and operate a small business incubator program in Hurricane Katrina-affected areas.
(2)ApplicationsTo be eligible to receive a grant under this subsection, an eligible organization shall submit an application to the Administrator at such time and in such form and manner as the Administrator may require. Each such application shall include the grantee’s plan for establishing and operating a small business incubator program.
(3)Selection of granteesIn selecting the 10 grantees under this subsection, the Administrator shall evaluate and rank applicants in accordance with predetermined selection criteria that will be stated in terms of relevant importance of such criteria. The relative importance of the criteria shall be made publicly available and stated in each solicitation for applicants made by the Administrator. The criteria shall include the following:
(A)The experience of the applicant in conducting business development.
(B)The experience of the applicant in technology and manufacturing.
(C)The extent to which the incubator will assist in the development of low-income, women, or minority business, or the revitalization of a Hurricane Katrina-affected area.
(D)The extent to which the proposed site is in an area of high unemployment and will result in the reuse of a previously used industrial site.
(E)The extent to which the applicant has a management team in place with experience in running a business incubator or relevant business development experience.
(F)The extent to which the applicant’s plan will result in the economic development of low-income communities or high-unemployment areas and economic revitalization of devastated areas.
(G)The ability of the applicant to successfully establish and operate a small business incubator program.
(H)The ability of the applicant to enter into cooperative agreements with lending institutions to provide a streamlined process for business concerns utilizing the small business incubator program to obtain financial assistance, including loans under subsection (c).
(I)The extent to which the applicant’s plan for establishing and operating a small business incubator program will do the following:
(i)Enhance small business development.
(ii)Meet the needs and goals of the community in which the incubator is to be located.
(iii)Serve as a catalyst for further development.
(iv)Involve the rehabilitation of a warehouse, factory, or building which has fallen into disrepair.
(v)Assist in redeveloping a disadvantaged area.
(vi)Target minority and women entrepreneurs.
(vii)Focus on the development of manufacturing and technology.
(viii)Retain or create jobs.
(ix)Include assistance regarding marketing, financial management, human resources development, and access to capital (both debt and equity).
(J)Level of devastation to local community due to Hurricane Katrina.
(4)Grant requirementsEach grantee shall use the grant funds to establish a small business incubator program, which shall make the following assistance available (on a shared or unshared basis, as the grantee may determine) to businesses participating in such program:
(A)Office space.
(B)Office equipment, including computers, facsimile machines, photocopiers, access to telecommunications services (including broadband services), and manufacturing equipment.
(C)Administrative and technical staff.
(D)Training in the areas of marketing, financial management, human resources, and contracting.
(E)Assistance in obtaining loans, including loans under subsection (c).
(F)Assistance in locating investors and networking with local business organizations.
(G)Individualized reviews of marketing, financial, and business plans, which shall occur monthly for such period as the Administrator may determine and quarterly thereafter.
(H)Legal, accounting, and marketing services.
(I)Mentoring program with established, successful, large businesses to last the duration of the business’ stay in the incubator.
(5)Additional assistanceA grantee may use grant funds to provide child care services to participating business and any other assistance which is approved by the Administrator.
(6)Additional program requirements
(A)Participating businessesEach grantee shall select the businesses which will participate in the grantee’s small business incubation program. The grantee shall select businesses which are not yet well established or were established prior to August 28, 2005, and have been severely economically damaged and which have the potential to be self-sustaining. Each grantee shall require participating businesses to participate in the training described in paragraph (4)(D), to submit marketing, financial, and business plans and to participate in the review of such plans described in paragraph (4)(G).
(B)Cooperative agreements with lendersEach grantee shall enter into a cooperative agreement with one or more lenders to provide a streamlined process by which participating businesses may obtain loans, including loans under subsection (c).
(7)Eligible organizationsFor purposes of this section, the term eligible organization means any of the following that are located in a Hurricane Katrina-affected area:
(A)An organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.
(B)A business league, chamber of commerce, or board of trade described in section 501(c)(6) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.
(C)A local development agency that is chartered, established, or otherwise sanctioned by a State or local government.
(D)A small business development center.
(E)A college or university.
(F)A unit of State or local government.
(9)Federal coordinationThe Administrator, in consultation with the Economic Development Administration and the Minority Business Development Agency—
(A)shall undertake efforts to coordinate and enhance Federal programs that relate to small business incubation programs; and
(B)shall invite State and local governments, lending institutions, and other appropriate public and private organizations to serve as intermediaries in outreach efforts related to small business incubation programs.
(10)TerminationThe Administrator shall not make any new 5-year grants under this subsection after the end of the 180-day period beginning on the date that funds are first made available to carry out this subsection.
(11)Reports
(A)Initial reportOne year after the first grant is made under this subsection, the Administrator shall transmit to the Congress a preliminary report regarding the Gulf Coast Incubator Revitalization Program conducted under this section.
(B)Final reportFour years after the first grant is made under this subsection, the Administrator shall transmit to the Congress a final report regarding the Gulf Coast Incubator Revitalization Program conducted under this section. Such report shall include any recommendations of the Administrator regarding ways to improve such program and the recommendation of the Administrator as to whether such program should be extended.
(12)Authorization of appropriationsThere are authorized to be appropriated to carry out this subsection $25,000,000.
(c)Loan program
(1)In generalThe Administrator may make loans under section 7(a) of the Small Business Act (15 U.S.C. 636 (a)) to small business concerns participating in a small business incubation program described in subsection (b).
(2)Loan terms
(A)In generalExcept as provided in subparagraph (B), the rules which apply to loans under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) shall apply with respect to loans made under this subsection.
(B)Special rules for deferred participation loansIn the case of an agreement to participate on a deferred basis in any such loan—
(i)such participation by the Administration shall be equal to 90 percent of the balance of the financing outstanding at the time of the disbursement of the loan;
(ii)the Administrator shall collect (except in the case of a loan that is repayable in 1 year or less) a guarantee fee, which shall be payable by the participating lender and may be charged to the borrower as follows:
(I)A guarantee fee equal to 0.5 percent of the deferred participation share of a total loan amount that is not more than $150,000.
(II)A guarantee fee equal to 1.5 percent of the deferred participation share of a total loan amount that is more than $150,000, but not more than $700,000.
(III)A guarantee fee equal to 2 percent of the deferred participation share of a total loan amount that is more than $700,000;
(iii)the annual fee assessed and collected on any such loan shall not exceed an amount equal to 0.15 percent of the outstanding balance of the deferred participation share of the loan;
(iv)the Administrator may make such loans without regard to the ability of a small business concern to obtain credit elsewhere;
(v)the Administrator shall make such loans without regard to the availability of collateral to secure such loans; and
(vi)the Administrator may charge interest on any such loan. Such charge may not exceed a rate of 4 percent per year.
(3)RegulationsNot later than 120 days after the date of enactment of this Act, the Administrator shall issue interim final rules and guidelines to implement this subsection.
(4)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this subsection.