116 HR 5209 IH: Raising the Bar Act of 2019
U.S. House of Representatives
2019-11-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 5209IN THE HOUSE OF REPRESENTATIVESNovember 21, 2019Mr. Rose of New York (for himself, Mr. Thompson of Mississippi, Ms. Clarke of New York, Miss Rice of New York, Ms. Underwood, Mr. Payne, and Ms. Slotkin) introduced the following bill; which was referred to the Committee on Homeland SecurityA BILLTo direct the Under Secretary for Science and Technology of the Department of Homeland Security to
			 design and administer a voluntary online terrorist content moderation
			 exercise program, and for other purposes.

 1.Short titleThis Act may be cited as the Raising the Bar Act of 2019. 2.Homeland Security voluntary online terrorist content moderation exercise program (a)Establishment of exercise programThe Under Secretary for Science and Technology of the Department of Homeland Security, in consultation with the Under Secretary for Strategy, Policy, and Plans, the Officer for Civil Rights and Civil Liberties, and the Privacy Officer of the Department of Homeland Security, shall design and administer a voluntary online terrorist content moderation exercise program. Under such program, the Under Secretary for Science and Technology shall—
 (1)enter into an agreement with the lead institution designated under subsection (b), under which the lead institution shall carry out not fewer than three four-week voluntary online terrorist content moderation exercises during each calendar year; and
 (2)establish objective criteria for how the lead institution should use information submitted by trusted flaggers and participating technology companies during an exercise conducted under the program to rate each participating technology company on—
 (A)the adherence of the participating technology company to the written online terrorist content moderation policies and procedures of that company;
 (B)the compliance of the participating technology company with the requirement to conduct assessments and provide notice of such assessments under subsection (d)(2); and
 (C)such other factors relating to a participating technology company’s performance in the exercise as the Under Secretary for Science and Technology determines appropriate.
					(b)Lead institution
 (1)In generalFor purposes of the program established under subsection (a), the Under Secretary for Science and Technology, in consultation with the Under Secretary for Strategy, Policy, and Plans, shall seek to enter into an agreement with a qualified institution that agrees to be designated as the lead institution for purposes of the program.
 (2)Qualified institutionFor purposes of this section, an institution is qualified for designation as the lead institution pursuant to paragraph (1) if such institution is an institution of higher education or nonprofit institution that possesses demonstrated expertise in at least two of the following areas:
 (A)Domestic terrorism. (B)International terrorism.
 (C)Cybersecurity. (D)Computer or information technology.
 (E)Privacy, civil rights, civil liberties, or human rights. (3)ResponsibilitiesPursuant to an agreement under this subsection, the lead institution shall agree to carry out the following responsibilities:
 (A)To identify and conduct outreach to technology companies and potential trusted flaggers to encourage the participation of such companies and potential trusted flaggers in the exercise program under this section.
 (B)To establish criteria, in consultation with participating technology companies, for qualified trusted flaggers.
 (C)To schedule and carry out three four-week exercises during each calendar year to evaluate the adherence of each participating technology company to the written online terrorist content moderation policies and procedures of the company during the period for which the exercise is conducted, which shall include notifying participating technology companies and trusted flaggers of the commencement of the exercise 24 hours before the commencement of the exercise and may include providing nominal payments to trusted flaggers for participating in such exercise.
 (D)To develop a letter rating system based on the objective criteria established pursuant to subsection (a)(2), in collaboration with participating technology companies, to be used to assign a letter rating to each participating technology company upon the conclusion of an exercise.
 (E)To establish a process under which a trusted flagger can anonymously notify a participating technology company of content that the trusted flagger identifies during an exercise because the trusted flagger believes such content is online terrorist content that violates a written online terrorist content moderation policy or procedure of the company.
 (F)To design a template for trusted flaggers to use to submit to the lead institution each notification communicated pursuant to the process under subparagraph (E) together with the following information:
 (i)The name of the trusted flagger communicating the notification and the name of the participating technology company receiving such notification.
 (ii)The grounds for the notification, including a specific identification of the written online terrorist content moderation policy or procedure of the participating technology company that was violated by the identified content and the terrorist ideology or ideologies associated with such content.
 (iii)The location, including the uniform resource locator, where the identified content was found, including a screen shot of the content that does not include any personally identifiable information.
 (iv)The date and time when the participating technology company was notified of such content pursuant to the process under subparagraph (E).
 (v)Any other information the lead institution determines is appropriate. (G)To establish requirements for an assessment as required pursuant to subsection (d)(2).
 (H)To issue a report pursuant to subsection (f) on each exercise after sharing a draft of the report and providing participating technology companies and trusted flaggers who participated in the exercise with the opportunity to comment on the report.
 (I)Not later than 60 days after issuing a report pursuant to subsection (f) on an exercise, to convene a virtual or in-person meeting with participating technology companies and trusted flaggers who participated in the exercise to discuss the exercise and other related matters, as identified by the lead institution, in consultation with the participating technology companies and trusted flaggers.
 (4)ConsortiumAn agreement entered into under subsection (a)(1) may provide that the lead institution may execute agreements with other institutions of higher education or nonprofit institutions to establish a consortium of such institutions to assist in carrying out the responsibilities of the lead institution under the agreement. To the extent that the Under Secretary for Science and Technology identifies institutions of higher education or nonprofit institutions for participation in such a consortium, the Under Secretary shall seek to ensure the participation of historically Black colleges and universities, Hispanic-serving institutions, and Tribally controlled colleges and universities.
				(c)Trusted flaggers
 (1)In generalFor purposes of the program under this section, a trusted flagger is an individual or entity that— (A)is selected by the lead institution, in coordination with participating technology companies, on the basis of criteria established by the institution for such purpose; and
 (B)enters into an agreement with the lead institution and the participating technology companies that participate in an exercise carried out under the program to perform the responsibilities specified in paragraph (2) for the duration of the exercise.
 (2)ResponsibilitiesThe responsibilities specified in this paragraph are the following: (A)To monitor public-facing areas of the participating technology companies for online terrorist content that may violate a written online terrorist content moderation policy or procedure of the participating technology company.
 (B)To provide timely notification of any online terrorist content identified on the online platform of a participating technology company to such company pursuant to the process under subsection (b)(3)(E).
 (C)To carry out other activities requested by the lead institution, in consultation with participating technology companies.
					(d)Responsibilities of participating technology companies
 (1)AgreementsTo participate in the voluntary online terrorist content moderation exercise program under this section, a technology company shall enter into an agreement with the lead institution to carry out the responsibilities under this subsection.
 (2)AssessmentsEach participating technology company shall agree— (A)to conduct an assessment of each notification communicated by a trusted flagger pursuant to the process established under subsection (b)(3)(E) within 24 hours of receipt; and
 (B)to provide notice to the lead institution of the completion of each assessment conducted under this paragraph, including—
 (i)whether such assessment was completed within 24 hours of receipt of the notification; and (ii)whether such assessment caused the participating technology company to decide to take or not take a certain action and the grounds for such action or in action.
 (3)Provision of information to lead institutionEach participating technology company shall agree to provide to the lead institution— (A)the written online terrorist content moderation policies and procedures of the company with respect to responding to identified online terrorist content, including any rule or community standard of the company that prohibits terrorist content and information regarding any system that the company uses to review online terrorist content that is reported that violates any such rule or standard, including—
 (i)guidance about what online terrorist content is prohibited, including examples of permissible and impermissible content and the guidelines used internally to enforce rules or community standards that prohibit online terrorist content; and
 (ii)information on the use of automated detection on the platform of the company; and (B)a point of contact for use by trusted flaggers to report online terrorist content pursuant to the process under subsection (b)(3)(E).
					(4)Disclosure and notice requirements
 (A)Disclosure of participationEach such participating technology company shall agree to disclose the participation of the company in the voluntary online terrorist content moderation exercise program on the online platform of the company.
 (B)Notice to usersEach such participating technology company shall agree to provide notice to each user whose content is removed or account is suspended or terminated as a result of an exercise conducted under this section. Such notice shall include—
 (i)the specific provision in the written online terrorist content moderation policies or procedures of the participating technology company that such online terrorist content was found to violate; and
 (ii)an explanation of the process through which the user can appeal, pursuant to paragraph (5), the decision to remove the content or suspend or terminate the account.
 (C)Form of noticeEach such participating technology company shall agree to provide the notice required under subparagraph (B) in both human- and machine-readable formats that are accessible even if a user’s account is suspended or terminated.
 (5)Appeals processEach participating technology company shall agree to provide for a timely appeal process under which a user may challenge a content removal or account suspension or termination. Such process shall include—
 (A)the review of the decision to remove content or suspend an account by a person or panel of persons who was not involved in the initial decision;
 (B)the provision to the user of an opportunity to present additional information that will be considered in the review; and
 (C)the provision to the user of notice of the decision made in the appeals process, including a statement of the reasoning sufficient to allow the user to understand the decision.
 (e)TransparencyThe Under Secretary for Science and Technology shall ensure that agreements under this section shall require that before engaging in an exercise under this section, the lead institution, an institution participating in a consortium under subsection (b)(4), and each trusted flagger agree to disclose to the Under Secretary any fiduciary or business relationship between such institution or trusted flagger and any participating technology company during the two-year period preceding the date of the exercise.
			(f)Reports
 (1)Report requiredNot later than 60 days after the last day of any voluntary online terrorist content moderation exercise conducted under this section, the lead institution, in consultation with the participating technology companies and trusted flaggers, shall—
 (A)produce a report on the voluntary online terrorist content moderation exercise; (B)publish such report on the public website of the lead institution; and
 (C)transmit a copy of such report to— (i)the Under Secretary for Science and Technology for publication on the public website of the Department of Homeland Security; and
 (ii)the Comptroller General of the United States. (2)Contents of reportEach report under paragraph (1) shall include each of the following with respect to the exercise covered by the report:
 (A)A rating based on the letter rating system developed pursuant to subsection (b)(3)(D), for each participating technology company that participated in the exercise.
 (B)Information about— (i)the total number of notifications communicated to each participating technology company during the exercise;
 (ii)the number of notifications that were assessed by each participating technology company within 24 hours of receipt as violating or not violating an online terrorist content moderation policy or procedure of the company and the basis for each notification, including the violation of the written online terrorist content moderation policies or procedures and ideology or ideologies associated with the content, for such assessment; and
 (iii)the number of notifications that were assessed after 24 hours of receipt as violating or not violating an online terrorist content moderation policy or procedure of the company and the basis for each notification, including the violation of the written online terrorist content moderation policies or procedures and ideology or ideologies associated with the content, for such assessment.
 (C)Information about any online terrorist content that a participating technology company removes from a platform of the company for violating an online terrorist content moderation policy or procedure of the company during the exercise, including—
 (i)the number of posts deleted and accounts suspended or terminated by a participating technology company for violating a written online terrorist content moderation policy or procedure of the company, disaggregated by whether flagged by a trusted flagger, internally within the technology company by an employee, by a contractor, by a law enforcement official, by a user, or through automated detection;
 (ii)the number of discrete posts and accounts flagged, and the number of discrete posts removed and accounts suspended or terminated, by a participating technology company for violating the written online terrorist content moderation policies or procedures of the company, disaggregated by information on the specific violation identified in the written online terrorist content moderation policies or procedures and the terrorist ideology or ideologies associated with the post or account, disaggregated by whether flagged by a trusted flagger, internally within the participating technology company by an employee or contractor, by a law enforcement official, by a user, or through automated detection;
 (iii)the number of discrete posts and accounts flagged, and number of discrete posts removed and accounts suspended or terminated by a participating technology company for violating the written online terrorist content moderation policies or procedures of the company, disaggregated by the format of the content, such as text, audio, image, video, or live stream; and
 (iv)in the case of each exercise after the initial exercise, an evaluation of changes over time with respect to each category of information referred to in clauses (i) through (iii).
 (D)Information on the exercise, including the dates of the exercise and names of the trusted flaggers that participated, together with information on how many notifications each such trusted flagger submitted during the exercise.
 (E)The written online terrorist content moderation policies and procedures of each of the participating technology companies, together with the corresponding definition for online terrorist content adopted by each of the participating technology companies, and a description of the appeals process of each such company as required pursuant to subsection (d)(5).
 (F)Any identifiable trends and analysis developed from conducting the exercise, as determined appropriate by the lead institution, in consultation with participating technology companies and trusted flaggers.
 (G)Any information provided by a participating technology company regarding efforts of the company to— (i)counter terrorist narratives and enhance technological capabilities to identify and counter online terrorism content;
 (ii)maintain policies or procedures within the company that— (I)prioritize the mental health of individuals working within the company who participate in the efforts to implement the written online terrorist content moderation policies or procedures of the company; and
 (II)make available voluntary mental health support, as needed, to such employees and to contractors and trusted flaggers; and
 (iii)any other information determined appropriate by the lead institution. (3)FormatEach report under this subsection shall be made available in both a human- and a machine-readable format.
 (4)BriefingsNot later than 30 days after receiving a report under paragraph (1)(C)(i), the Under Secretary for Science and Technology, in consultation with the Under Secretary for Strategy, Policy, and Plans, shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing on the voluntary online terrorist content moderation exercise program under this section.
				(g)Public-Private partnership
 (1)In generalThe Under Secretary for Science and Technology is authorized to enter into— (A)an agreement using other transactional authority with the lead institution for purposes of carrying out this section; and
 (B)public-private partnerships with participating technology companies in which participating technology companies agree provide at least 80 percent of the funding to carry out this section.
 (2)Other transactional authorityIn this subsection, the term other transactional authority means the authority under section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391). (h)Authorization of AppropriationsThere is authorized to be appropriated to carry out this Act—
 (1)$300,000 for fiscal year 2020; and (2)$150,000 for each of fiscal years 2021 through 2026.
 (i)Rule of constructionNothing in the Act shall be construed as— (1)requiring participating technology companies to adopt standards for the moderation of online terrorist content;
 (2)authorizing the Department of Homeland Security to participate in decision making regarding the removal of content by participating technology companies;
 (3)requiring participating technology companies to provide user content to the Department of Homeland Security, any institution participating in the exercise program, or any other Federal, State, local, tribal, or territorial government or international body; or
 (4)authorizing the Department of Homeland Security to allow subjective judgments regarding the treatment of online content by a participating technology company in the objective criteria established pursuant to subsection (a)(2).
 (j)DefinitionsIn this section: (1)The term Hispanic-serving institution has the meaning given such term in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)).
 (2)The term historically Black colleges and universities means a part B institution described in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).
 (3)The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
 (4)The term online terrorist content shall be defined by each technology company participating in an exercise under this section with respect to a platform of the company in the community guidelines, terms of service, or relevant policy applicable to such platform.
 (5)The term personally identifiable information means any information about an individual elicited, collected, stored, or maintained by an agency or owner or operator of a participating technology company, including the following:
 (A)Any information that can be used to distinguish or trace the identity of an individual, such as a name, social security number, date or place of birth, mother’s maiden name, telephone number, or biometric records.
 (B)Any other information that is linked or linkable to an individual, such as medical, educational, financial, or employment information.
 (6)The term participating technology company means a business entity that owns or operates any public-facing website, web application, or digital application, including a mobile application, social network, advertising network, search engine, or email service that participates in the voluntary online terrorist content moderation exercise program under this Act.
 (7)The term Tribally controlled college or university has the meaning given such term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801).
 (k)SunsetThe authority to carry out this section shall terminate on the date that is seven years after the date of the enactment of this Act.
 3.Comptroller General reportNot later than 180 days after the Comptroller General of the United States receives the sixth report under section 2(f), the Comptroller General shall submit to Congress a report on the implementation of section 2.


116 HR 1147 IH: Appalachian Forest National Heritage Area Act of 2019
U.S. House of Representatives
2019-02-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1147IN THE HOUSE OF REPRESENTATIVESFebruary 11, 2019Mr. McKinley (for himself, Mr. Mooney of West Virginia, Mrs. Miller, and Mr. Trone) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo establish the Appalachian Forest National Heritage Area, and for other purposes.

 1.Short titleThis Act may be cited as the Appalachian Forest National Heritage Area Act of 2019. 2.Findings; purposes (a)FindingsCongress finds that—
 (1)the Heritage Area— (A)is comprised of 18 counties that are located in West Virginia and western Maryland; and
 (B)taken as a whole— (i)possesses exceptional cultural, natural, and historical resources that form a cohesive and nationally distinctive landscape;
 (ii)demonstrates landscapes that arose from patterns of human activity that were shaped by the geography of the forested central Appalachian Mountains; and
 (iii)reflects both modern and historical uses by citizens who continue to affect, and be affected by, the landscape of the forest;
 (2)there is a national interest in conserving, restoring, promoting, and interpreting the benefits of the Heritage Area for—
 (A)the residents of the Heritage Area; and (B)visitors to the Heritage Area;
 (3)nationally significant historical and cultural resources located in the Heritage Area form a unique aspect of the heritage of the United States;
 (4)with respect to the economic development of the United States— (A)the timber harvesting activities in the region helped fuel late 19th century and early 20th century industrial growth throughout the United States; and
 (B)prominent industrialists of the region were also active in the national economy; (5)workers who participated in the timber boom of the region brought a blending of cultures of European and African-American immigrants;
 (6)the growth of each community located in the region was impacted by the forested central Appalachian Mountains;
 (7)the rich culture of central Appalachia— (A)includes folklife, music, dance, crafts, and other culturally rich traditions; and
 (B)is inextricably tied to the forest land of the region; (8)significant historical and cultural sites and resources located in the Heritage Area include—
 (A)historic sites from the logging era (including the intact logging company town that is located at the Cass Scenic Railroad State Park);
 (B)historic sites that evidence conservation efforts (including structures constructed by the Civilian Conservation Corps);
 (C)5 national historic landmarks; and (D)segments of 4 National Scenic Byways and 1 All-American Road;
 (9)nationally significant natural and physical resources in the Heritage Area include spectacular natural, scenic, and recreational resources, featuring the core of the central hardwood forest of the United States, which—
 (A)as a result of sound forest management and conservation of public land, grew from the original cutting of the forest; and
 (B)includes— (i)the remnants of old growth forests;
 (ii)protected wilderness areas; (iii)14 national natural landmarks;
 (iv)Federal and State forest lands that were created to foster the regrowth of the forests of the United States, including the Monongahela National Forest, and 7 State forests;
 (v)experimental forests that demonstrate the evolution of forestry management; (vi)forests managed by public and private entities; and
 (vii)a dynamic forest industry comprised of mills that demonstrate the ongoing importance of the forest land and forest products to the region;
 (10)local public and private partnerships that are based on the visions of the community and region are working together to promote the stewardship, enhancement, and interpretation of the resources of the Heritage Area;
 (11)to promote the goals described in paragraph (10), local residents, organizations, and governments support the establishment of a national heritage area; and
 (12)involvement by the Federal Government would enhance the efforts to promote the cultural, natural, historical, and recreational resources of the region that have been made by—
 (A)the States of West Virginia and Maryland; (B)political subdivisions of the States of West Virginia and Maryland;
 (C)volunteer organizations; and (D)private businesses.
 (b)PurposesThe purposes of this Act are— (1)to provide a cooperative management framework to the States of West Virginia and Maryland, the political subdivisions of those States, and the citizens of those States to conserve, enhance, and interpret the significant features of the forest, land, water, and structures of the Heritage Area; and
 (2)to foster a close working relationship with all levels of government, the private sector, and the local communities of the region to enable those communities—
 (A)to conserve the heritage of those communities; and (B)to continue to pursue economic opportunities for those communities.
 3.DefinitionsIn this Act: (1)Heritage areaThe term Heritage Area means the Appalachian Forest National Heritage Area established by section 4(a).
 (2)Local coordinating entityThe term local coordinating entity means the management entity for the Heritage Area as specified in section 4(d)(1). (3)Management planThe term management plan means the management plan for the Heritage Area developed under section 5(a).
 (4)MapThe term map means the map entitled Appalachian Forest National Heritage Area, numbered T07/80,000, and dated October 2007. (5)SecretaryThe term Secretary means the Secretary of the Interior.
 (6)StateThe term State means each of the States of— (A)Maryland; and
 (B)West Virginia. 4.Appalachian Forest National Heritage Area (a)EstablishmentThere is established the Appalachian Forest National Heritage Area.
 (b)BoundariesThe Heritage Area shall include— (1)the Barbour, Braxton, Grant, Greenbrier, Hampshire, Hardy, Mineral, Morgan, Nicholas, Pendleton, Pocahontas, Preston, Randolph, Tucker, Upshur, and Webster Counties of the State of West Virginia; and
 (2)the Allegany and Garrett Counties of the State of Maryland. (c)Availability of mapA map of the Heritage Area shall be on file and available for public inspection in the appropriate offices of—
 (1)the National Park Service; and (2)the local coordinating entity.
 (d)Local coordinating entityThe Appalachian Forest Heritage Area, Inc., shall— (1)serve as the local coordinating entity for the Heritage Area;
 (2)oversee the development of a management plan under section 5(a); and (3)be governed by a board of directors from a geographic balance across the included counties and States and which shall—
 (A)be composed of no fewer than 7 and no more than 15 members elected by the membership; (B)be selected to represent a balanced group of diverse interests, including—
 (i)forest industry; (ii)environmental;
 (iii)cultural heritage; (iv)tourism; and
 (v)regional agency partners; (C)exercise all corporate powers of the local coordinating entity;
 (D)manage the activities and affairs of the local coordinating entity; and (E)subject to any limitations in the articles and bylaws of the local coordinating entity, this section, and any other applicable Federal or State law, establish the policies of the local coordinating entity.
					5.Management plan
 (a)In generalNot later than 3 years after the date on which funds are first made available to carry out this Act, the local coordinating entity shall develop and submit to the Secretary for approval a management plan for the Heritage Area.
 (b)RequirementsThe management plan shall— (1)present comprehensive policies, goals, strategies, and recommendations for—
 (A)presenting to the citizens of the United States the heritage of the region; and (B)encouraging the long-term resource conservation, enhancement, interpretation, funding, management, and development of the Heritage Area;
 (2)take into consideration and coordinate Federal, State, and local plans to present a unified historic preservation and interpretation plan;
 (3)involve residents, public agencies, and private organizations of the Heritage Area; (4)describe actions that units of government, private organizations, and citizens recommend for the conservation, enhancement, interpretation, funding, management, and development of the resources of the Heritage Area;
 (5)identify— (A)existing and potential sources of Federal and non-Federal funding for the conservation, enhancement, interpretation, funding, management, and development of the resources of the Heritage Area; and
 (B)economic development strategies for the conservation, enhancement, interpretation, funding, management, and development of the resources of the Heritage Area;
 (6)include— (A)an inventory of the cultural, natural, historical, educational, scenic, and recreational resources contained in the Heritage Area, including a list of property that—
 (i)is related to the themes of the Heritage Area; and (ii)should be conserved, enhanced, managed, or developed;
 (B)a recommendation of policies and strategies for resource management and conservation, including the development of intergovernmental cooperative agreements to manage and conserve the cultural, natural, historical, educational, scenic, and recreational resources of the Heritage Area;
 (C)a program of strategies and actions to implement the management plan that includes— (i)performance goals;
 (ii)resource conservation plans; (iii)enhancement strategies;
 (iv)interpretation strategies; and (v)specific commitments for implementation that have been made by the local coordinating entity or any government, organization, business, or individual;
 (D)an analysis of, and recommendations for, means by which Federal, State, and local programs may best be coordinated to further the purposes of this Act, including an analysis of the role of the National Park Service and other Federal agencies associated with the Heritage Area;
 (E)a business plan that— (i)describes the role, operation, financing, and functions of—
 (I)the local coordinating entity; and (II)each of the major activities included in the management plan; and
 (ii)provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan; and
 (F)an interpretive plan for the Heritage Area; and (7)list any revisions to the boundaries of the Heritage Area proposed by the local coordinating entity and requested by the affected local government.
				(c)Deadline; termination of funding
 (1)DeadlineNot later than 3 years after the date on which funds are made available under section 11(a), the local coordinating entity shall submit the management plan to the Secretary for approval.
 (2)Termination of fundingIf the management plan is not submitted to the Secretary in accordance with this section, the Secretary shall not provide to the local coordinating entity any additional financial assistance under this Act until the management plan is submitted to and approved by the Secretary under subsection (d)(1).
				(d)Approval of management plan
 (1)ReviewNot later than 180 days after the date of receipt of the management plan under subsection (c)(1), the Secretary shall review and approve or disapprove the management plan.
 (2)CriteriaIn determining whether to approve the management plan, the Secretary shall consider whether— (A)the management plan meets all requirements identified in subsection (b); and
 (B)the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan.
 (e)Action following disapprovalIf the Secretary disapproves the management plan under subsection (d)(1), the Secretary shall— (1)advise the local coordinating entity in writing of the reasons for the disapproval;
 (2)make recommendations for revisions to the management plan; and (3)not later than 180 days after the date of receipt of a proposed revision to the management plan, approve or disapprove the proposed revision.
				(f)Amendments
 (1)In generalThe Secretary shall review and approve or disapprove each amendment to the management plan that the Secretary determines may substantially alter the purposes of the Heritage Area.
 (2)Use of fundsFunds made available under this Act shall not be expended by the local coordinating entity to implement an amendment described in paragraph (1) until the Secretary approves the amendment.
 (g)Effect of inactionIf the Secretary does not approve or disapprove a management plan, revision, or change within 180 days after it is submitted to the Secretary, then the management plan, revision, or change shall be deemed to have been approved by the Secretary.
			6.Authorities, duties, and prohibition of the local coordinating entity
 (a)AuthoritiesTo prepare and carry out the management plan, the local coordinating entity may use funds made available under this Act to—
 (1)make grants to— (A)political jurisdictions;
 (B)nonprofit organizations; and (C)other parties located in the Heritage Area;
 (2)enter into cooperative agreements with, or provide technical assistance to— (A)political jurisdictions;
 (B)nonprofit organizations; (C)Federal agencies; and
 (D)other interested parties; (3)hire and compensate staff who have demonstrated expertise in the fields of—
 (A)cultural, natural, and historical resources conservation; (B)economic and community development;
 (C)forestry; or (D)heritage planning;
 (4)obtain funds from any source (including a program that has a cost-sharing requirement); (5)contract for goods or services; and
 (6)support activities of partners, and any other activities, that— (A)further the purposes of the Heritage Area; and
 (B)are consistent with the management plan approved under section 5(d)(1). (b)DutiesIn addition to developing the management plan, the local coordinating entity shall—
 (1)for any fiscal year for which Federal funds have been received by the local coordinating entity under this Act—
 (A)submit an annual report to the Secretary that describes— (i)the specific performance goals and accomplishments of the local coordinating entity;
 (ii)the expenses and income of the local coordinating entity; (iii)the amounts and sources of matching funds;
 (iv)the amounts leveraged with Federal funds and the sources of the leveraging; and (v)any grants made to any other entities during the fiscal year; and
 (B)make available for audit by Congress, the Secretary, and appropriate units of government, all records pertaining to the expenditure of the funds and any matching funds; and
 (2)encourage, by appropriate means and consistent with the purposes of the Heritage Area, the economic viability of the Heritage Area.
 (c)Prohibition on the acquisition of real propertyThe local coordinating entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property.
			7.Authorities and duties of the Secretary
 (a)Technical and financial assistanceOn request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis, to the local coordinating entity for—
 (1)the development and implementation of the management plan; and (2)other initiatives of the local coordinating entity.
				(b)Cooperative agreements
 (1)In generalTo carry out this Act, the Secretary may enter into cooperative agreements with the local coordinating entity and other public and private entities to provide assistance under subsection (a).
 (2)RequirementsThe cooperative agreement under paragraph (1) shall, at a minimum— (A)establish the goals and objectives of the Heritage Area; and
 (B)include— (i)a proposal relating to the conservation and interpretation of the Heritage Area; and
 (ii)a general outline describing each measure agreed to by the Secretary and the local coordinating entity.
						8.Relationship to other Federal agencies
 (a)In generalThis Act shall not affect the authority of any Federal official to provide technical or financial assistance under any other law.
 (b)Consultation and coordinationThe head of any Federal agency planning to conduct an activity that may have an impact on the Heritage Area shall, to the maximum extent practicable—
 (1)consult with the Secretary and the local coordinating entity regarding the activity; and (2)coordinate the activity with the Secretary and the local coordinating entity.
 (c)Effect on other Federal agenciesNothing in this Act— (1)modifies, alters, or amends any law (including a regulation) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
 (2)limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
 (3)modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
 9.Property owners and regulatory protectionsNothing in this Act shall be construed to— (1)abridge the rights of any property owner, whether public or private, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
 (2)require any property owner to permit public access (including Federal, Tribal, State, or local government access) to such property or to modify any provisions of Federal, Tribal, State, or local law with regard to public access or use of private lands;
 (3)alter any duly adopted land use regulation or any approved land use plan or any other regulatory authority of any Federal, State, or local agency or Tribal government, or to convey any land use or other regulatory authority to any local coordinating entity;
 (4)authorize or imply the reservation or appropriation of water or water rights; (5)diminish the authority of the State to manage fish and wildlife including the regulation of fishing and hunting within the Heritage Area;
 (6)create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property; or
 (7)abridge, or authorize the Secretary or the local coordinating entity to abridge, valid rights to timber harvesting.
			10.Evaluation
 (a)In generalNot later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall conduct an evaluation of the accomplishments of the Heritage Area and prepare a report with recommendations for the National Park Service’s future role, if any, with respect to the Heritage Area.
 (b)Evaluation componentsAn evaluation prepared under subsection (a) shall— (1)assess the progress of the local coordinating entity with respect to—
 (A)accomplishing the purposes of the authorizing legislation for the Heritage Area; and (B)achieving the goals and objectives of the approved management plan for the Heritage Area;
 (2)analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
 (3)review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
 (c)RecommendationsBased upon the evaluation under subsection (a), the Secretary shall prepare a report with recommendations for the National Park Service’s future role, if any, with respect to the Heritage Area.
 (d)Submission to CongressOn completion of a report under subsection (c), the Secretary shall submit the report to— (1)the Committee on Energy and Natural Resources of the Senate; and
 (2)the Committee on Natural Resources of the House of Representatives. 11.Funding (a)Authorization of appropriationsThere is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year.
			(b)Matching funds
 (1)In generalAs a condition of receiving assistance under subsection (a), the local coordinating entity shall match any amounts provided to the local coordinating entity under this Act.
 (2)Forms of paymentTo meet the matching requirement described in paragraph (1), the local coordinating entity shall provide to the Secretary payments that—
 (A)shall be derived from non-Federal sources; and (B)may be in-kind contributions of goods or services.
					12.Termination of authority
 (a)In generalSubject to subsection (b), the authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.
 (b)ExceptionThe termination of authority of the Secretary under subsection (a) shall not effect the authority of the Secretary to provide to the local coordinating entity technical assistance and administrative oversight.


117 HR 4243 IH: Improving Capital Allocation for Newcomers Act of 2021
U.S. House of Representatives
2021-06-29
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.

I117th CONGRESS1st SessionH. R. 4243IN THE HOUSE OF REPRESENTATIVESJune 29, 2021Mr. Timmons introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Investment Company Act of 1940 with respect to the definition of qualifying venture capital funds, and for other purposes.1.Short titleThis Act may be cited as the Improving Capital Allocation for Newcomers Act of 2021.2.Qualifying venture capital fundsSection 3(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a–3(c)(1)) is amended—(1)in the matter preceding subparagraph (A), by striking 250 persons and inserting 600 persons; and(2)in subparagraph (C)(i), by striking $10,000,000 and inserting $150,000,000.


		II
		112th CONGRESS
		1st Session
		S. 1885
		IN THE SENATE OF THE UNITED STATES

			November 17, 2011
			Mr. Heller introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To provide for a temporary extension of unemployment
		  insurance, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Responsible Unemployment Extension
			 Act.
		2.Extension of
			 unemployment insurance provisions
			(a)In
			 general(1)Section 4007 of the
			 Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note)
			 is amended—
					(A)by striking January 3,
			 2012 each place it appears and inserting January 3,
			 2013;
					(B)in the heading for subsection (b)(2), by
			 striking january 3,
			 2012 and inserting january 3, 2013;
			 and
					(C)in subsection (b)(3), by striking
			 June 9, 2012 and inserting June 8, 2013.
					(2)Section 2005 of the Assistance for
			 Unemployed Workers and Struggling Families Act, as contained in Public Law
			 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended—
					(A)by striking January 4,
			 2012 each place it appears and inserting January 4,
			 2013; and
					(B)in subsection (c), by striking
			 June 11, 2012 and inserting June 11, 2013.
					(3)Section 5 of the Unemployment
			 Compensation Extension Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 note) is
			 amended by striking June 10, 2012 and inserting June 9,
			 2013.
				(b)FundingSection
			 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26
			 U.S.C. 3304 note) is amended—
				(1)in subparagraph (F), by striking
			 and at the end; and
				(2)by inserting after
			 subparagraph (G) the following:

						(H)the amendments
				made by section 2(a)(1) of the Responsible
				Unemployment Extension Act;
				and
						.
				(c)Effective
			 dateThe amendments made by this section shall take effect as if
			 included in the enactment of the Tax Relief, Unemployment Insurance
			 Reauthorization, and Job Creation Act of 2010 (Public Law 111–312).
			3.Rescission of
			 unspent Federal funds to offset loss in revenues
			(a)In
			 generalNotwithstanding any other provision of law, of all
			 available unobligated funds, $44,000,000,000 in appropriated discretionary
			 funds are hereby rescinded.
			(b)ImplementationThe
			 Director of the Office of Management and Budget shall determine and identify
			 from which appropriation accounts the rescission under subsection (a) shall
			 apply and the amount of such rescission that shall apply to each such account.
			 Not later than 60 days after the date of the enactment of this Act, the
			 Director of the Office of Management and Budget shall submit a report to the
			 Secretary of the Treasury and Congress of the accounts and amounts determined
			 and identified for rescission under the preceding sentence.
			(c)ExceptionThis
			 section shall not apply to the unobligated funds of the Department of Defense,
			 the Department of Veterans Affairs, or the Corps of Engineers.


109 HCON 441 IH: Expressing the sense of Congress regarding

U.S. House of Representatives
2006-06-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		109th CONGRESS
		2d Session
		H. CON. RES. 441
		IN THE HOUSE OF REPRESENTATIVES

			June 29, 2006
			Mr. DeFazio (for
			 himself, Mr. Rahall, and
			 Mr. Gilchrest) submitted the following
			 concurrent resolution; which was referred to the
			 Committee on International
			 Relations, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		CONCURRENT RESOLUTION
		Expressing the sense of Congress regarding
		  the regrettable votes cast by certain Caribbean countries for a resumption of
		  commercial whaling at the 58th annual International Whaling Commission meeting
		  in St. Kitts in June 2006.

		Whereas whales have very low reproductive rates, which
			 makes many whale species extremely vulnerable to pressure from whaling, and
			 many whale species were hunted to near extinction by the commercial whaling
			 industry;
		Whereas whales migrate throughout the world’s oceans, and
			 international cooperation is required to successfully conserve and protect
			 whales;
		Whereas, in 1946, a significant number of countries
			 adopted the International Convention for the Regulation of Whaling, which
			 established the International Whaling Commission to provide for the proper
			 conservation of whale populations;
		Whereas the International Whaling Commission adopted a
			 moratorium on commercial whaling in 1982 to conserve and promote the recovery
			 of whale populations and later established the Indian Ocean and part of the
			 ocean around the Antarctic as a whale sanctuary to further enhance the recovery
			 of whale populations;
		Whereas, at the 58th annual International Whaling
			 Commission meeting in St. Kitts in June 2006, the Caribbean countries of
			 Antigua and Barbuda, Dominica, Grenada, St. Kitts and Nevis, St. Lucia, and St.
			 Vincent and the Grenadines voted with pro-whaling interests to support the
			 resumption of commercial whaling by claiming the moratorium is no longer
			 necessary, to allow Japan to hunt 150 minke whales, to remove conservation
			 efforts directed at small whales and dolphins, and to implement secret
			 ballots;
		Whereas five of these six Caribbean countries, St. Vincent
			 and the Grenadines abstained, also voted to delete the Southern Ocean
			 Sanctuary;
		Whereas a majority of tourists to these six Caribbean
			 countries come from the United States, and the American people are
			 overwhelmingly opposed to the resumption of commercial whaling;
		Whereas thirty species of whale and dolphins can be found
			 in the Caribbean, and commercial enterprises offering whale watching tours
			 began in the Caribbean in the mid-1980s and has rapidly expanded;
		Whereas the revenue attributable to whale watching far
			 exceeds the revenue attributable to whaling;
		Whereas, by supporting the resumption of commercial
			 whaling, a country could adversely affect its international image and
			 jeopardize its tourism industry; and
		Whereas, in May 2006, Caribbean environmental leaders,
			 whale watch operators, and tourism industry representatives met in Trinidad to
			 voice their concern and opposition to whaling and to challenge their
			 governments to change their pro-whaling positions: Now, therefore, be it

		That it is the sense of Congress
			 that—
			(1)the Caribbean countries of Antigua and
			 Barbuda, Dominica, Grenada, St. Kitts and Nevis, St. Lucia, and St. Vincent and
			 the Grenadines should—
				(A)renounce their support for a resumption of
			 commercial whaling and instead support fledgling whale watching operations in
			 the Caribbean;
				(B)join with the
			 United States and a majority of other countries to support strong conservation
			 measures for whales; and
				(C)at the next annual International Whaling
			 Commission meeting, oppose the resumption of commercial whaling, support
			 existing sanctuaries and the creation of new sanctuaries, support strong
			 conservation measures for whales, and oppose the use of secret balloting at
			 International Whaling Commission meetings; and
				(2)the United States should consider the
			 position of these Caribbean countries regarding commercial whaling when
			 considering any future foreign aid to, or trade agreements with, these
			 countries.


116 HR 5490 IH: To amend section 1105(a) of title 31, United States Code, to require that annual budget submissions of the President to Congress provide an estimate of the cost per taxpayer of the deficit and of the public debt.
U.S. House of Representatives
2019-12-19
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.

I116th CONGRESS1st SessionH. R. 5490IN THE HOUSE OF REPRESENTATIVESDecember 19, 2019Mr. Stewart introduced the following bill; which was referred to the Committee on the BudgetA BILLTo amend section 1105(a) of title 31, United States Code, to require that annual budget submissions
			 of the President to Congress provide an estimate of the cost per taxpayer
			 of the deficit and of the public debt.

 1.Requirement in budget submission with respect to the cost per taxpayer of the deficitSection 1105(a) of title 31, United States Code, is amended by adding at the end the following:  (40)(A)in the case of a fiscal year in which the budget is projected to result in a deficit, an estimate of the pro rata cost of such deficit for taxpayers who will file individual income tax returns for taxable years ending during such fiscal year; and
 (B)in the case of any fiscal year, an estimate of the pro rata cost of the public debt for taxpayers who will file individual income tax returns for taxable years ending during such fiscal year..


		II
		111th CONGRESS
		1st Session
		S. 2133
		IN THE SENATE OF THE UNITED STATES

			October 29, 2009
			Mr. Alexander (for
			 himself and Mr. Corker) introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on ESTER GUM 10D 25KG BG
		  CHINA.

		1.ESTER GUM 10D 25KG BG
			 CHINA
			(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:

								9902.01.00Glycerol ester of dimerized gum (100%) rosin, catalyzed with
						sulfuric acid, softening point not less than 104 degrees centigrade, acid
						number 3 to 8, (CAS No. 68475–37–6) (provided for in subheading
						3806.30.00)FreeNo changeNo changeOn or before 12/31/2011

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


116 S146 IS: Move America Act of 2019
U.S. Senate
2019-01-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 146IN THE SENATE OF THE UNITED STATESJanuary 16, 2019Mr. Hoeven (for himself and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to provide for Move America bonds and Move America
			 credits.

 1.Short titleThis Act may be cited as the Move America Act of 2019. 2.Findings and purpose (a)FindingsCongress makes the following findings:
 (1)Our Nation’s infrastructure network serves as a foundation of our economic competitiveness and national security. It is imperative that Congress maintain and revitalize the roads, bridges, ports, railways, airports, transit systems, water systems, and information networks of this country, enabling all industries to achieve the growth and productivity that make the United States strong and prosperous.
 (2)Investing in transportation, water, and information infrastructure creates long-term capital assets for the Nation that will improve economic productivity.
 (3)Investment in infrastructure creates jobs and spurs economic activity to put people back to work and grow the economy.
 (4)The cost to maintain and improve our Nation's highways, bridges, and other critical transportation infrastructure significantly exceeds what is currently being provided by all levels of government.
 (5)Investment in our Nation’s infrastructure must be multi-faceted, both by ensuring that there is a sustainable long-term funding source for infrastructure and through using innovative financing mechanisms.
 (6)Areas that are underserved by modern broadband connections are disadvantaged, and ensuring that those areas are connected will enable the Nation to benefit from the fuller participation of previously underserved citizens in the national economy.
 (7)Investment in infrastructure is needed throughout the Nation, and it is essential that infrastructure legislation, including but not limited to this legislation, benefit urban and rural areas, and large and small States.
 (b)PurposeThe purpose of this Act is to provide tools to finance additional transportation, water, and information infrastructure capital investments, through an approach that provides assistance for financing of infrastructure to all States, rural and urban, and large and small.
			3.Move America Bonds
			(a)In general
 (1)Move America bondsSubpart A of part IV of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 142 the following new section:

						142A.Move America bonds
							(a)In general
 (1)Treatment as exempt facility bondExcept as otherwise provided in this section, a Move America bond shall be treated for purposes of this part as an exempt facility bond.
								(2)Exceptions
 (A)No government ownership requirementParagraph (1) of section 142(b) shall not apply to any Move America bond. (B)Special rules for high-speed rail bondsParagraphs (2) and (3) of section 142(i) shall not apply to any Move America bond described in subsection (b)(6).
 (C)Special rules for highway and surface transportation facilitiesParagraphs (2), (3), and (4) of section 142(m) shall not apply to any Move America bond described in subsection (b)(7).
 (b)Move America bondFor purposes of this part, the term Move America bond means any bond issued as part of an issue 95 percent or more of the net proceeds of which are used to provide—
 (1)airports, (2)docks and wharves, including—
 (A)waterborne mooring infrastructure, (B)dredging in connection with a dock or wharf, and
 (C)any associated rail and road infrastructure for the purpose of integrating modes of transportation, (3)mass commuting facilities,
 (4)facilities for the furnishing of water (within the meaning of section 142(e)), (5)sewage facilities,
 (6)railroads (as defined in section 20102 of title 49, United States Code) and any associated rail and road infrastructure for the purpose of integrating modes of transportation,
 (7)any— (A)surface transportation project which is eligible for Federal assistance under title 23, United States Code (as in effect on the date of the enactment of this section),
 (B)project for an international bridge or tunnel for which an international entity authorized under Federal or State law is responsible and which is eligible for Federal assistance under title 23, United States Code (as so in effect), or
 (C)facility for the transfer of freight from truck to rail or rail to truck (including any temporary storage facilities directly related to such transfers) which is eligible for Federal assistance under either title 23 or title 49, United States Code (as so in effect),
 (8)flood diversions, (9)inland waterways, including construction and rehabilitation expenditures for navigation on any inland or intracoastal waterways of the United States (within the meaning of section 4042(d)(2)), or
 (10)rural broadband service infrastructure. (c)DefinitionsFor purposes of this section—
 (1)Flood diversionsThe term flood diversion means any flood damage risk reduction project authorized under any Act for authorizing water resources development projects.
 (2)Rural broadband service infrastructureThe term rural broadband service infrastructure means the construction, improvement, or acquisition of facilities and equipment for the provision of broadband services (as defined in section 601 of the Rural Electrification Act of 1936) which—
 (A)meet the minimum requirements in effect under section 601(e) of such Act, and (B)will be provided in an area which—
 (i)is a rural area (as defined in section 601 of such Act), and (ii)meets the requirements of clauses (i) and (ii) of section 601(d)(2)(A) of such Act.
										(d)Move America volume cap
 (1)In generalThe aggregate face amount of Move America bonds issued pursuant to an issue, when added to the aggregate face amount of Move America bonds previously issued by the issuing authority during the calendar year, shall not exceed such issuing authority's Move America volume cap for such year.
 (2)Move America volume capFor purposes of this subsection— (A)In generalThe Move America volume cap for any calendar year is an amount equal to 50 percent of the State ceiling under section 146(d) for such State for such calendar year.
 (B)Allocation of volume capEach State may allocate the Move America volume cap of such State among governmental units (or other authorities) in such State having authority to issue private activity bonds.
									(3)Carryforwards
 (A)In generalIf— (i)an issuing authority's Move America volume cap, exceeds
 (ii)the aggregate amount of Move America bonds issued during such calendar year by such authority, any Move America bond issued by such authority during the 5-calendar-year period following such calendar year shall not be taken into account under paragraph (1) to the extent the amount of such bonds does not exceed the amount of such excess. Any excesses arising under this paragraph shall be used under this paragraph in the order of calendar years in which the excesses arose.(B)Reallocation of unused carryforwards (i)In generalThe Move America volume cap under paragraph (2)(A) for any State for any calendar year shall be increased by any amount allocated to such State by the Secretary under clause (ii).
 (ii)ReallocationThe Secretary shall allocate to each qualified State for any calendar year an amount which bears the same ratio to the aggregate unused carryforward amounts of all issuing authorities in all States for such calendar year as the qualified State's population for the calendar year bears to the population of all qualified States for the calendar year. For purposes of the preceding sentence, population shall be determined in accordance with section 146(j).
 (iii)Qualified StateFor purposes of this subparagraph, the term qualified State means, with respect to a calendar year, any State— (I)which allocated its entire Move America volume cap for the preceding calendar year, and
 (II)for which a request is made (not later than May 1 of the calendar year) to receive an allocation under clause (ii).
 (iv)Unused carryforward amountFor purposes of this paragraph, the term unused carryforward amount means, with respect to any issuing authority for any calendar year, the excess of— (I)the amount of the excess described in subparagraph (A) for the sixth preceding calendar year, over
 (II)the amount of bonds issued by such issuing authority to which subparagraph (A) applied during the 5 preceding calendar years.
											(4)Facility must be located within State
 (A)In generalNo portion of the Move America volume cap of an issuing authority for any calendar year may be used with respect to financing for a facility located outside of the authority's State.
 (B)Exception for certain facilities where State will get proportionate share of benefitSubparagraph (A) shall not apply to any Move America bond the proceeds of which are used to provide a facility described in paragraph (4) or (5) of subsection (b) if the issuer establishes that the State's share of the use of the facility will equal or exceed the State's share of the private activity bonds issued to finance the facility.
									(e)Applicability of certain federal laws
 (1)In generalAn issue shall not be treated as an issue under subsection (b) unless the facility for which the proceeds of such issue are used would be subject to the requirements of any Federal law (including titles 23, 40, and 49, United States Code) which would otherwise apply to similar facilities.
 (2)Public transportation capital projectsIn addition to the requirements of paragraph (1), an issue the proceeds of which are used to finance a capital project (as defined in section 5302(3) of title 49, United States Code) relating to public transportation (as defined in section 5302(14) of such title) shall not be treated as an issue under subsection (b) unless such project complies with the requirements of chapter 53 of title 49, United States Code.
 (f)Special rule for environmental remediation costs for docks and wharvesFor purposes of this section, amounts used for working capital expenditures relating to environmental remediation required under State or Federal law at or near a facility described in subsection (b)(2) (including environmental remediation in the riverbed and land within or adjacent to the Federal navigation channel used to access such facility) shall be treated as an amount used to provide for such a facility.
 (g)RegulationsThe Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section, including regulations requiring States to report the amount of Move America volume cap of the State carried forward for any calendar year under subsection (d)(3)..
 (2)Conforming amendmentThe table of sections for subpart A of part IV of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 142 the following new item:
					Sec. 142A. Move America bonds..
				(b)Application of other private activity bond rules
 (1)Treatment under private activity bond volume capSubsection (g) of section 146 of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting , and, and by inserting after paragraph (4) the following new paragraph:  (5)any Move America bond..
 (2)Special rule on use for land acquisitionSubparagraph (A) of section 147(c)(1) of the Internal Revenue Code of 1986 is amended by inserting (50 percent in the case of any issue of Move America bonds) after 25 percent. (3)Special rules for rehabilitation expenditures (A)Inclusion of certain expendituresSubparagraph (B) of section 147(d)(3) of the Internal Revenue Code of 1986 is amended by inserting , except that, in the case of any Move America bond, such term shall include any expenditure described in clause (v) thereof before the period at the end.
 (B)Period for expendituresSubparagraph (C) of section 147(d)(3) of such Code is amended by inserting (5 years, in the case of any Move America bond) after 2 years. (c)Treatment under the alternative minimum taxSubparagraph (C) of section 57(a)(5) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause:

 (vii)Exception for Move America bondsFor purposes of clause (i), the term private activity bond shall not include any Move America bond (as defined in section 142A).. (d)Effective dateThe amendments made by this section shall apply to obligations issued in calendar years beginning after the date of the enactment of this Act.
			4.Move America credits
 (a)In generalSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the section 42 the following new section:

					42A.Move America credits
						(a)Move America equity credits
 (1)In generalFor purposes of section 38, the Move America equity credit for any taxable year in the credit period is an amount equal to 10 percent of the qualified basis of each qualified facility.
 (2)DefinitionsFor purposes of this section— (A)Qualified basis (i)In generalThe qualified basis of any qualified facility is the portion of the eligible basis of such facility to which the State has allocated an amount of the State credit limitation under subsection (c)(3)(C)(i).
 (ii)DeterminationThe qualified basis of a facility for purposes of all taxable years in the credit period shall be determined as of the date of the last day of the calendar year in which the qualified facility is placed in service.
 (iii)ExceptionNotwithstanding any other provision of this section, the qualified basis of any qualified facility shall be zero unless the chief executive officer (or the equivalent) of the local jurisdiction in which the qualified facility is located is provided a reasonable opportunity to comment on the qualified facility.
 (B)Qualified facilityThe term qualified facility means a facility described in section 142A(b), but only if such facility—
 (i)meets the requirements applicable to similar facilities under any Federal law which would apply if the facility were financed under any other Federal program (including titles 23, 40, and 49, United States Code),
 (ii)complies with the requirements of chapter 53 of title 49, United States Code, in the case of a capital project (as defined in section 5302(3) of title 49, United States Code) relating to public transportation (as defined in section 5302(14) of such title), and
 (iii)will be generally available for public use throughout the credit period.
									(C)Credit period
 (i)In generalExcept as provided in clause (ii), the credit period with respect to any qualified facility is the period of 10 taxable years beginning with the first taxable year beginning in the calendar year in which the facility is placed in service.
 (ii)Early terminationIf at any time during the 10-taxable-year period described in clause (i) a facility ceases to be a qualified facility, or ceases and then recommences to be a qualified facility, the credit period with respect to such facility shall include only the taxable years in such 10-year-period in which the facility was a qualified facility for the entire taxable year.
 (iii)Dispositions of property or interest relating to qualified facilityA facility shall not cease to be a qualified facility solely by reason of the disposition of the facility (or an interest therein) if it is reasonably expected that such facility will otherwise continue to be a qualified facility.
 (iv)Treatment of credit in case of dispositionIf at any time during the 10-taxable-year period described in clause (i) a qualified facility (or an interest therein) is disposed of—
 (I)the credit under paragraph (1) for any year in such period beginning after the date of the disposal shall be allowed to the acquiring person, and not to the person disposing of the facility (or interest), and
 (II)the credit under paragraph (1) for the year of the disposal shall be allocated between such persons on the basis of the number of days during such year the facility (or interest) was held by each.
										(3)Reallocation
 (A)In generalIf any qualified facility is not placed in service within 3 years of the date of the allocation under subsection (c)(3), the State shall rescind the allocation under subsection (c)(3)(C)(i). Any allocation so rescinded may be reallocated by the State under subsection (c) (including to qualified infrastructure funds for purposes of the credit under subsection (b)) within the calendar year in which it is so rescinded.
 (B)ReversionAny rescinded allocation which is not reallocated under subparagraph (A) by the last day of the calendar year in which it is so rescinded shall revert to inclusion in the State's Move America volume cap under section 142A(d) as if it had never been exchanged under subsection (c)(1).
 (C)No multiple reallocationsAny rescinded allocation which is reallocated under subparagraph (A) and is subsequently rescinded shall not be further reallocated and shall immediately revert to inclusion in the Move America volume cap as provided in subparagraph (B).
 (4)Coordination with deduction for depreciation, etcThe basis of any property taken into account in determining the qualified basis of a qualified facility with respect to which a credit is allowed under this section shall be reduced by the aggregate amount of the credit allowable under this section during all taxable years in the credit period which is properly allocable to the cost basis of such property. The Secretary shall provide for adjustments to basis in cases where the taxpayer is not allowed a full credit for all years in the credit period.
							(b)Move America infrastructure fund credits
							(1)Allowance of credit
 (A)In generalFor purposes of section 38, in the case of a taxpayer who holds a Move America investment on a credit allowance date of such investment which occurs during the taxable year, the Move America infrastructure fund credit for such taxable year is an amount equal to 5 percent of the amount paid to the qualified infrastructure fund for such investment at its original issue.
 (B)Credit allowance dateFor purposes of subparagraph (A), except as provided in paragraph (3), the term credit allowance date means with respect to any Move America investment— (i)the date on which such investment is initially made, and
 (ii)each of the 9 anniversary dates of such date thereafter. (2)DefinitionsFor purposes of this section—
								(A)Move America investment
 (i)In generalThe term Move America investment means any equity investment in a qualified infrastructure fund, if— (I)such investment is acquired by the taxpayer at its original issue solely in exchange for cash,
 (II)substantially all of such cash is used by the qualified infrastructure fund to make qualified investments, and
 (III)such investment is designated for purposes of this subsection by the qualified infrastructure fund, including a designation of the qualified investment which will be made with such investment.
										(ii)Limitation
 (I)In generalThe maximum amount of equity investments issued by a qualified infrastructure fund in a calendar year which may be designated under clause (i)(III) by such fund shall not exceed 200 percent of the portion of the State credit limitation allocated under subsection (c)(3)(A)(ii) to such fund in such calendar year.
 (II)ExpirationIf the limitation determined under subclause (I) with respect to an infrastructure fund for a calendar year exceeds the amount of equity investments designated under clause (i)(III) by such fund in such year, the State shall rescind such excess allocation. Any allocation so rescinded may be reallocated by the State under subsection (c) (including to qualified facilities for purposes of the credit under subsection (a)) within the immediately succeeding calendar year.
 (III)ReversionAny rescinded allocation which is not reallocated under subclause (II) by the last day of such immediately succeeding calendar year shall revert to inclusion in the State's Move America volume cap under section 142A(d) as if it had never been exchanged under subsection (c)(1).
 (IV)No multiple reallocationsAny rescinded allocation which is reallocated under subclause (II) and is subsequently rescinded shall not be further reallocated and shall immediately revert to inclusion in the Move America volume cap as provided in subclause (III).
 (iii)Safe harbor for determining use of cashThe requirement of clause (i)(II) shall be treated as met if at least 95 percent of the aggregate gross assets of the qualified infrastructure fund (determined without regard to any cash received under clause (i)(I) that has not been invested in any other asset before the date that is 3 years after the date such cash is received) are invested in qualified investments.
 (iv)Treatment of subsequent purchasersThe term Move America investment includes any equity investment which would (but for clause (i)(I)) be a Move America investment in the hands of the taxpayer if such investment was a Move America investment in the hands of a prior holder.
 (B)Qualified infrastructure fundThe term qualified infrastructure fund means— (i)a State infrastructure bank established under section 610 of title 23, United States Code,
 (ii)a water pollution control revolving fund established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.),
 (iii)a drinking water treatment revolving loan fund established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12), or
 (iv)an equivalent fund established or designated by the State or any instrumentality thereof and certified by the Secretary as having a primary purpose of financing qualified facilities.
									In the case of a fund described in clause (ii) or (iii), the amount of any Move America investment
			 shall not be included in determining the amount of State or other
 non-Federal contributions to such fund.(C)Qualified investmentThe term qualified investment means an investment (whether by loan, loan guarantee, or equity investment) in—
 (i)qualified facilities, or (ii)in the case of a fund described in clause (i), (ii), or (iii) of subparagraph (B), projects and activities for which such funds are authorized to be used under any other provision of law.
									(3)Early termination
 (A)In generalIf at any time during the compliance period the fund which issued a Move America investment ceases to be a qualified infrastructure fund, or ceases and then recommences to be a qualified infrastructure fund, any date described in paragraph (1)(B) (including the date described in clause (i) thereof) occurring in—
 (i)the taxable year in which the fund ceased to be a qualified infrastructure fund, or (ii)any other taxable year in such period in which the fund is not a qualified infrastructure fund for the entire taxable year,
 shall not be treated as a credit allowance date for purposes of paragraph (1).(B)Compliance periodFor purposes of subparagraph (A), the term compliance period means the 10-taxable-year period beginning with the taxable year that includes the date of the original issue of the Move America investment.
 (C)Loss of qualificationA fund shall cease to be a qualified infrastructure fund as of the date more than 5 percent of the investments made by the fund are not qualified investments. For purposes of the preceding sentence, the amount of any cash received under subparagraph (A)(i)(I) that has not been invested in any other asset before the date that is 3 years after the date such cash is received shall not be taken into account in determining investments made by the fund.
 (D)Expiration of creditIf substantially all of the cash paid for any Move America investment is not used to make qualified investments designated under paragraph (2)(A)(i)(III) within 3 years of the date of original issue of such investment, any date described in paragraph (1)(B) occurring in a taxable year which ends after the date which is 3 years after such date of original issue shall not be treated as a credit allowance date for purposes of paragraph (1).
								(c)Move America credit allocation
							(1)Exchange of Move America bond volume cap
 (A)In generalIf a State has in effect a qualified allocation plan for a calendar year, the State may exchange (in such manner as the Secretary may prescribe) all or a portion of the State's Move America volume cap under section 142A(d) for such year for a State credit limitation.
 (B)LimitationThe amount of a State's Move America volume cap for a calendar year which may be exchanged under subparagraph (A) shall not include any portion of such cap which is attributable to an amount of State credit limitation which has reverted under paragraph (3)(D) or subsection (a)(3)(B) or (b)(2)(A)(iv).
 (2)State credit limitationFor purposes of this section, the State credit limitation with respect to any State for a calendar year is a dollar amount equal to 25 percent of the Move America volume cap exchanged under paragraph (1) for such calendar year.
							(3)Allocation
 (A)In generalA State may allocate the State credit limitation, according to the qualified allocation plan, for any calendar year among—
 (i)qualified facilities in the State for purposes of the Move America equity credit under subsection (a), and
 (ii)qualified infrastructure funds in the State for purposes of the Move America infrastructure fund credit under subsection (b).
									(B)Qualified allocation plan
 (i)In generalFor purposes of this subsection, the term qualified allocation plan means any plan— (I)which sets forth selection criteria to be used in determining infrastructure priorities of the State and allocating the State credit limitation among facilities (in accordance with clause (ii)) and infrastructure funds in the State, and
 (II)which provides a procedure that the State (or an agent or other private contractor of the State) will follow in monitoring for noncompliance with the provisions of this section and in notifying the Internal Revenue Service of such noncompliance.
										(ii)Limitation based on facility feasibility for Move America equity credits
 (I)In generalIn the case of an allocation with respect to any qualified facility for purposes of the Move America equity credit under subsection (a), such allocation shall not exceed the minimum amount which the State transportation authority or other applicable agency determines is required for the financial feasibility of the facility and its viability for completion and availability for public use throughout the credit period.
 (II)Minimum feasibility determinationIn making the determination under subclause (I), such entity shall consider the sources and uses of funds and the total financing planned for the facility, any proceeds or receipts expected to be generated by reason of tax benefits, the reasonableness of the developmental and operational costs of the facility over the full expected operational life of the facility, ancillary costs (including right-of-way and procurement costs), financing costs, and retained and transferred risk.
										(C)Special rules relating to Move America equity credit
 (i)LimitationThe amount allocated to a qualified facility under subparagraph (A)(i) shall not exceed the eligible basis of such facility.
 (ii)Eligible basisFor purposes of this section, except as provided in clause (iii), the eligible basis of any qualified facility is the lesser of—
 (I)the portion of the basis of such facility which is attributable to the aggregate amount of equity investment of all taxpayers in the costs of the facility which are subject to the allowance for depreciation (determined as of the last day of the calendar year in which the facility is placed in service), or
 (II)20 percent of the costs of the facility which are subject to the allowance for depreciation (determined as of the last day of the calendar year in which the facility is placed in service).
 (iii)Exclusion of government assistanceEligible basis shall not include any portion of the basis of such facility which is attributable to any assistance or financing provided by a Federal, State, or local government (determined as of the last day of the calendar year in which the facility is placed in service).
 (D)Reversion of unallocated limitationAny portion of the State credit limitation for any calendar year which remains unallocated as of the last day of such calendar year shall revert to inclusion in the State's Move America volume cap under section 142A(d) as if it had never been exchanged under paragraph (1)..
 (b)Credits made part of general business creditSubsection (b) of section 38 of the Internal Revenue Code of 1986 is amended— (1)by striking plus at the end of paragraph (31);
 (2)by striking the period at the end of paragraph (32) and inserting a comma; and (3)by adding at the end the following new paragraphs:

 (33)the Move America equity credit under section 42A(a)(1), plus (34)the Move America infrastructure fund credit under section 42A(b)(1)..
				(c)Treatment under alternative minimum tax and base erosion tax
 (1)Alternative minimum taxSection 38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by redesignating clauses (iv) through (xii) as clauses (vi) through (xiv), respectively, and by inserting after clause (ii) the following new clauses:

 (iii)the credit determined under section 42A(a)(1), (iv)the credit determined under section 42A(b)(1),.
 (2)Base erosion taxSection 59A(b)(1)(B)(ii) of such Code is amended by striking plus at the end of subclause (I), by redesignating subclause (II) as subclause (III), and by inserting after subclause (I) the following new subclause:

 (II)the credit allowed under section 38 for the taxable year which is properly allocable to the sum of the Move America equity credit under section 42A(a)(1) and the Move America infrastructure fund credit under section 42A(b)(1), plus.
 (d)Clerical amendmentThe table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 42 the following new item:
				Sec. 42A. Move America credits..
 (e)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
 (f)ReportingA State shall, at such time and in such manner as the Secretary of the Treasury shall require, report—
 (1)to the Secretary of the Treasury— (A)the amount of the Move America volume cap of the State for the calendar year which is exchanged under section 42A(c)(1) of the Internal Revenue Code of 1986 for a State credit limitation;
 (B)the amount (if any) of the State credit limitation allocated under section 42A(c)(3)(A)(i) of such Code to qualified facilities, the amount so allocated to each such facility, and the taxpayer with respect to such facility (including the name of the taxpayer and any other identifying information as the Secretary of the Treasury shall require); and
 (C)the amount (if any) of the State credit limitation allocated under section 42A(c)(3)(A)(ii) of such Code to qualified infrastructure funds, the amount so allocated to each such fund, and each taxpayer holding any Move America investment with respect to any such fund (including the name of the taxpayer and any other identifying information as the Secretary of the Treasury shall require);
 (2)to the Secretary of the Treasury and any taxpayer who is the sponsor of a qualified facility receiving an allocation under section 42A(c)(3)(A)(i) of such Code, the date on which the qualified facility is placed in service; and
 (3)to the Secretary of the Treasury and any taxpayer holding a Move America investment, a certification that the entity which issued the investment is a qualified infrastructure fund and that the investment will be used to make qualified investments designated for purposes of section 42A(b)(2)(A)(i)(III) of the Internal Revenue Code of 1986.
				For purposes of this subsection, any term used in this subsection that is also used in section
			 42A
			 or 142A of such Code has the same meaning as when
			 used in such section.


114 HRES 723 IH: Expressing the support of the House of Representatives for the designation of a National Day of Recognition for the centennial of the Convention Between the United States and Great Britain (for Canada) for the Protection of Migratory Birds, and for other purposes.
U.S. House of Representatives
2016-05-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		114th CONGRESS
		2d Session
		H. RES. 723
		IN THE HOUSE OF REPRESENTATIVES

			May 11, 2016
			Mr. Griffith submitted the following resolution; which was referred to the Committee on Natural Resources

		RESOLUTION
		Expressing the support of the House of Representatives for the designation of a National Day of
			 Recognition for the centennial of the Convention Between the United States
			 and Great Britain (for Canada) for the Protection of Migratory Birds, and
			 for other purposes.

 Whereas the United States and Great Britain (on behalf of Canada), recognizing the need to adopt an international agreement to protect and conserve birds that migrate internationally, signed the Convention Between the United States and Great Britain (for Canada) for the Protection of Migratory Birds, also known as the Migratory Bird Treaty, on August 16, 1916;
 Whereas this agreement served as the foundation for the passage of domestic legislation to implement the commitment to protect migratory birds, such as the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), as well as subsequent treaties with Mexico, Japan, and Russia;
 Whereas many migratory bird species travel long distances and cross international borders; Whereas international cooperation provides countries—as well as Federal, State, nongovernmental, and tribal partners—with the opportunity to unite in protecting valuable wildlife species and to share knowledge regarding migratory bird resources; and
 Whereas migratory bird species have a significant impact on the United States economy, as evidenced by the United States Fish and Wildlife Service estimates that $107,000,000,000 is spent on birdwatching equipment and travel in the United States, and $1,800,000,000 is spent on migratory bird hunting equipment and trips in the United States: Now, therefore, be it

 That the House of Representatives— (1)supports the designation of a National Day of Recognition for the centennial of the Convention Between the United States and Great Britain (for Canada) for the Protection of Migratory Birds, also known as the Migratory Bird Treaty;
 (2)recognizes the significance of 100 years of migratory bird protection efforts; and (3)encourages efforts to engage and educate the public regarding migratory birdwatching and hunting.