113 HR 938 : United States-Israel Strategic Partnership Act of 2014
U.S. House of Representatives
2014-03-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		113th CONGRESS
		2d Session
		H. R. 938
		IN THE SENATE OF THE UNITED STATES
		March 6, 2014Received; read twice and referred to the Committee on Foreign RelationsAN ACT
		To strengthen the strategic alliance between the United States and Israel, and for other purposes.

		1.Short title and table of contents
			(a)Short titleThis Act may be cited as the United States-Israel Strategic Partnership Act of 2014.
			(b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title and table of contents.
					Sec. 2. Findings.
					Sec. 3. Declaration of policy.
					Title I—United States-Israel strategic alliance
					Sec. 101. Amendments to the United States-Israel Enhanced Security Cooperation Act of 2012.
					Sec. 102. Authorization of assistance for Israel.
					Sec. 103. United States-Israel cooperation on cyber-security.
					Sec. 104. Statement of United States Policy Regarding Israel’s defense systems.
					Sec. 105. Report on other matters.
					Sec. 106. Statement of policy.
					Sec. 107. Sense of Congress.
					Title II—United States-Israel energy cooperation
					Sec. 201. United States-Israel energy cooperation.
					Title III—Offset
					Sec. 301. Offset.

			2.FindingsCongress finds the following:
			(1)The turmoil in the Middle East poses a serious threat to United States national security interests
			 and requires cooperation with allies that are willing to work with the
			 United States in pursuit of shared objectives.
			(2)The October 31, 1998, Memorandum of Agreement signed by President Clinton and Prime Minister
			 Netanyahu commits the United States to working jointly with Israel towards
			 enhancing Israel’s defensive and deterrent capabilities and upgrading the
			 framework of the United States-Israel strategic and military
			 relationships, as well as the technological cooperation between both
			 countries.
			(3)On August 16, 2007, the United States and Israel signed a Memorandum of Understanding reaffirming
			 United States commitment to the security of Israel and establishing a
			 10-year framework for incremental increases in United States military
			 assistance to Israel.
			(4)The Memorandum of Understanding signed two years later on January 16, 2009 reaffirmed the United
			 States commitment and noted the security, military and intelligence cooperation between the United States and Israel.
			(5)The United States and Israel conduct a semi-annual Strategic Dialogue. The Department of State, in
			 a statement following the July 12, 2012, meeting of the Strategic
			 Dialogue, noted that the discussions focused on such issues of mutual
			 concern as Iran’s continued quest to develop nuclear weapons, which the United States and Israel are both
			 determined to prevent and how the continued violence of the Syrian regime against its citizens [assisted by Iran and
			 Hezbollah] could also lead to severe consequences for the entire region.
			3.Declaration of policyCongress declares that Israel is a major strategic partner of the United States.
		IUnited States-Israel strategic alliance
			101.Amendments to the United States-Israel Enhanced Security Cooperation Act of 2012
				(a)United States actions To assist in the defense of Israel and protect United States interestsSection 4 of the United States-Israel Enhanced Security Cooperation Act of 2012 (Public Law 112–150; 22 U.S.C. 8603) is amended—
					(1)by striking It is the sense of Congress that the United States Government should and inserting (a) In general.—The President should, to the maximum extent practicable,; and
					(2)by adding at the end the following:

							(b)ReportNot later than 180 days after the date of the enactment of this subsection, the President shall
			 submit to Congress a report on the implementation of this section..
					(b)Extension of War Reserves Stockpile authoritySection 5(a) of the United States-Israel Enhanced Security Cooperation Act of 2012 (Public Law 112–150) is amended to read as follows:

						(a)Extension of War Reserves Stockpile authority
							(1)Department of Defense Appropriations Act, 2005Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1011), is amended by striking more than 10 years after and inserting more than 11 years after.
							(2)Foreign Assistance Act of 1961Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking and 2014 and inserting , 2014, and 2015..
				(c)Amendments to requirements relating to assessment of Israel’s qualitative military edge over
			 military threats
					(1)Assessment required; reportsSection 201 of Public Law 110–429 (122 Stat. 4843; 22 U.S.C. 2776 note) is amended—
						(A)in subsection (a), by striking an ongoing basis and inserting a biennial basis; and
						(B)in subsection (c)(2)—
							(i)in the heading, by striking Quadrennial and inserting Biennial; and
							(ii)in the text, by striking Not later than four years after the date on which the President transmits the initial report under
			 paragraph (1), and every four years thereafter, and inserting Not later than one year after the date of the enactment of the United States-Israel Strategic Partnership Act of 2014, and biennially thereafter,.
							(2)Report
						(A)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall
			 submit to the appropriate congressional committees a report on—
							(i)the range of cyber and asymmetric threats posed to Israel by state and non-state actors; and
							(ii)the joint efforts of the United States and Israel to address the threats identified in clause (i).
							(B)FormThe report required under subparagraph (A) shall be submitted in unclassified form, but may contain
			 a classified annex.
						(C)Appropriate congressional committees definedIn this paragraph, the term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on
			 Foreign Relations of the Senate.
						102.Authorization of assistance for Israel
				(a)FindingCongress finds that Israel has adopted high standards in the field of export controls, including by
			 becoming adherent to the Australia Group, the Missile Technology Control
			 Regime, the Nuclear Suppliers Group, and the Wassenaar Arrangement control
			 lists, and by enacting robust legislation and regulations for the control
			 of dual-use and defense items.
				(b)Expedited licensing procedures
					(1)In generalThe President shall direct the Secretary of State to undertake discussions with Israel to identify
			 the steps required to be taken to include Israel within the list of
			 countries described in section 740.20(c)(1) of title 15, Code of Federal Regulations (relating to eligibility for Strategic Trade
			 Authorization).
					(2)Report
						(A)In generalNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter
			 for a period of 3 years or until such time that Israel is included on the
			 list of countries determined as eligible for the Strategic Trade
			 Authorization, whichever occurs first, the President shall submit to the
			 Committee on Foreign Affairs of the House of Representatives and the
			 Committee on Foreign Relations and the Committee on Banking, Housing, and
			 Urban Affairs of the Senate a report on the following:
							(i)The current status of negotiations.
							(ii)The reasons that Israel has not yet been determined as eligible for the Strategic Trade
			 Authorization.
							(B)FormThe report required by subparagraph (A) shall be submitted in unclassified form but may contain a
			 classified annex.
						(c)Licensing treatment as MTCR adherentThe President shall direct the Secretary of Commerce to ensure that, subject to the requirements of
			 section 6(l) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(l)) (as continued in effect pursuant to the International Emergency Economic Powers Act), Israel is
			 treated no less favorably than other members or adherents to the Missile
			 Technology Control Regime designated in Country Group A:2 in Supplement
			 No. 1 to part 740 of title 15, Code of Federal Regulations.
				(d)Overseas Private Investment CorporationIn carrying out its authorities under title IV of chapter 2 of part I of the Foreign Assistance Act
			 of 1961 (22 U.S.C. 2191 et seq.), the Overseas Private Investment Corporation should consider giving preference to providing
			 insurance, financing, or reinsurance for energy and water projects in
			 Israel.
				(e)Energy, water, agriculture, and alternative fuel technologies
					(1)In generalThe President is authorized to carry out cooperative activities with Israel and to provide
			 assistance to Israel that promotes cooperation in the fields of energy,
			 water, agriculture, alternative fuel technologies, and civil space, where
			 appropriate and pursuant to existing law.
					(2)RequirementsIn carrying out paragraph (1), the President is authorized to share and exchange with Israel
			 research, technology, intelligence, information, equipment, and personnel
			 that the President determines will advance the national security interests
			 of the United States and is consistent with the Strategic Dialogue and
			 pertinent provisions of law—
						(A)by enhancing scientific cooperation between Israel and the United States; or
						(B)by the sale, lease, exchange in kind, or other techniques the President determines to be suitable.
						(f)Cooperative research pilot programs
					(1)In generalThe Secretary of Homeland Security, acting through the Director of the Homeland Security Advanced
			 Research Projects Agency and with the concurrence of the Secretary of
			 State, is authorized to enter into cooperative research pilot programs
			 with Israel to enhance Israel’s capabilities in the following areas:
						(A)Border, maritime, and aviation security.
						(B)Explosives detection.
						(C)Emergency services.
						(2)Authorization of appropriationsFor fiscal year 2014, there are authorized to be appropriated to the Secretary of Homeland
			 Security—
						(A)$1,000,000 to carry out paragraph (1)(A);
						(B)$1,000,000 to carry out paragraph (1)(B); and
						(C)$1,000,000 to carry out paragraph (1)(C).
						103.United States-Israel cooperation on cyber-securityIt is a sense of Congress that the United States and Israel should take steps and explore avenues
			 to increase cooperation on cyber-security.
			104.Statement of United States Policy Regarding Israel’s defense systems
				(a)FindingsCongress—
					(1)commends the first phase completion of the David’s Sling Weapon System (DSWS) by the Israel Missile
			 Defense Organization and the U.S. Missile Defense Agency, which is
			 designed to provide additional opportunities for interception by the joint
			 United States-Israel Arrow Weapon System (Arrow 2 and Arrow 3);
					(2)congratulates the Israel Missile Defense Organization and the U.S. Missile Defense Agency on
			 successfully executing the Arrow 3 flyout of a more advanced interceptor,
			 which will improve Israel’s defenses against upper tier ballistic missile
			 threats from nations including Iran;
					(3)recognizes that during Operation Pillar of Defense in November 2012, Israel deployed Iron Dome
			 short-range rocket defense batteries to intercept Hamas-launched rockets
			 fired from Gaza—of those rockets that posed a threat to the life of
			 Israeli citizens, 80 to 85 percent were successfully intercepted, saving
			 countless lives; and
					(4)agrees that, as stated by former Secretary of Defense Leon Panetta, Iron Dome performed, I think it’s fair to say, remarkably well during the recent escalation … Iron
			 Dome does not start wars. It helps prevent wars..
					(b)Statement of policyIt should be the policy of the United States that the President, acting through the Secretary of
			 Defense and the Secretary of State, should provide assistance, upon
			 request by the Government of Israel, for the enhancement of the David’s
			 Sling Weapon System, the enhancement of the joint United States-Israel
			 Arrow Weapon System (Arrow 2 and Arrow 3), and the procurement and
			 enhancement of the Iron Dome short-range rocket defense system for
			 purposes of intercepting short-range rockets, missiles, and other
			 projectiles launched against Israel.
				105.Report on other matters
				(a)Sense of CongressIt is the sense of Congress that—
					(1)the United States and Israel should continue collaborative efforts to enhance Israel’s military
			 capabilities, including through the transfer of advanced combat aircraft,
			 active phased array radar, military tanker-transports, other multi-mission
			 military aircraft, advanced or specialized munitions, and through joint
			 training and exercise opportunities in the United States;
					(2)the United States and Israel should expeditiously conclude an updated Memorandum of Understanding
			 regarding United States security assistance in order to help Israel meet
			 its unique security requirements and uphold its qualitative military edge;
					(3)the United States should ensure that Israel has timely access to important military equipment,
			 including by augmenting the forward deployed United States War Reserve
			 Stockpile in Israel and by continuing to provide Israel with critical
			 military equipment and spare parts through the Department of Defense’s
			 Excess Defense Articles program; and
					(4)the United States should continue to support Israel’s inherent right of self-defense.
					(b)Report
					(1)In generalNot later than 120 days after the date of the enactment of this Act, the Comptroller General of the
			 United States shall submit to the appropriate congressional committees a
			 report that—
						(A)reviews the progress made toward the actions and efforts identified in the report required under
			 section 6(b) of the United States-Israel Enhanced Security Cooperation Act
			 of 2012 (Public Law 112–150; 22 U.S.C. 8604(b)); and
						(B)provides policy recommendations, if necessary.
						(2)FormThe report required by paragraph (1) may include a classified annex.
					(3)Appropriate congressional committees definedIn this subsection, the term appropriate congressional committees means—
						(A)the Committee on Foreign Affairs and the Committee on Armed Services of the House of
			 Representatives; and
						(B)the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
						106.Statement of policyIt shall be the policy of the United States to include Israel in the list of countries that
			 participate in the visa waiver program under section 217 of the
			 Immigration and Nationality Act (8 U.S.C. 1187) when Israel satisfies, and as long as Israel continues to satisfy, the requirements for inclusion
			 in such program specified in such section.
			107.Sense of Congress
				It is the sense of Congress that the Department of State should continue and, to the furthest
			 extent practicable, increase its coordination on monitoring and combating
			 anti-Semitism with the Government of Israel.
			IIUnited States-Israel energy cooperation
			201.United States-Israel energy cooperation
				(a)FindingsSection 917(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(a)) is amended—
					(1)in paragraph (1), by striking renewable and inserting covered;
					(2)in paragraph (4)—
						(A)by striking possible many and inserting “possible—

								(A)many;
						(B)by inserting and after the semicolon at the end; and
						(C)by adding at the end the following:

								(B)significant contributions to the development of renewable energy and energy efficiency through the
			 established programs of the United States-Israel Binational Industrial
			 Research and Development Foundation and the United States-Israel
			 Binational Science Foundation;;
						(3)in paragraph (6)—
						(A)by striking renewable and inserting covered; and
						(B)by striking and after the semicolon at the end;
						(4)in paragraph (7)—
						(A)by striking renewable and inserting covered; and
						(B)by striking the period at the end and inserting a semicolon; and
						(5)by adding at the end the following:

							(8)United States-Israel energy cooperation, and the development of natural resources by Israel, are
			 strategic interests of the United States;
							(9)Israel is a strategic partner of the United States in water technology;
							(10)the United States can play a role in assisting Israel with regional safety and security issues;
							(11)the National Science Foundation of the United States should collaborate with the Israel Science
			 Foundation;
							(12)the United States and Israel should strive to develop more robust academic cooperation in energy
			 innovation technology and engineering, water science, technology transfer,
			 and analysis of geopolitical implications of new natural resource
			 development and associated areas;
							(13)the United States supports the goals of the Alternative Fuels Administration of Israel;
							(14)the United States strongly urges open dialogue and continued mechanisms for regular engagement and
			 encourages further cooperation between applicable departments, agencies,
			 ministries, institutions of higher education, and the private sectors of
			 the United States and Israel on energy security issues, including—
								(A)identifying policy priorities associated with the development of natural resources of Israel;
								(B)discussing best practices to secure cyber energy infrastructure;
								(C)best practice sharing;
								(D)leveraging natural gas to positively impact regional stability;
								(E)improving energy efficiency and the overall performance of water technologies through research and
			 development in water desalination, wastewater treatment and reclamation,
			 and other water treatment technologies;
								(F)technical and environmental management of deep-water exploration and production;
								(G)coastal protection and restoration;
								(H)academic outreach and engagement;
								(I)private sector and business development engagement;
								(J)regulatory consultations;
								(K)leveraging alternative transportation fuels and technologies; and
								(L)any other areas determined appropriate by the United States and Israel;
								(15)the United States acknowledges the achievements and importance of the United States-Israel
			 Binational Industrial Research and Development Foundation and the United
			 States-Israel Binational Science Foundation and supports continued
			 multiyear funding to ensure the continuity of the programs of the
			 Foundations; and
							(16)the United States and Israel have a shared interest in addressing their immediate, near-term, and
			 long-term energy and environmental challenges..
					(b)EstablishmentSection 917(b)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(b)(1)) is amended by striking renewable energy or energy efficiency and inserting covered energy.
				(c)Types of energySection 917(b)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(b)(2)) is amended—
					(1)in the heading, by striking Types of and inserting Covered;
					(2)in subparagraph (F), by striking and after the semicolon at the end;
					(3)in subparagraph (G), by striking the period at the end and inserting a semicolon; and
					(4)by adding at the end the following:

							(H)natural gas energy, including conventional and unconventional natural gas technologies and natural
			 gas projects conducted by or in conjunction with the United States-Israel
			 Binational Science Foundation, the United States-Israel Binational
			 Industrial Research and Development Foundation, and the United
			 States-Israel Science and Technology Foundation; and
							(I)improvement of energy efficiency and the overall performance of water technologies through research
			 and development in water desalination, wastewater treatment and
			 reclamation, and other water treatment technologies..
					(d)Eligible applicantsSection 917(b)(3) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(b)(3)) is amended by striking energy efficiency or renewable and inserting covered.
				(e)Authorization of appropriations; international partnershipsSection 917 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337) is amended—
					(1)by redesignating subsections (c) and (d) as subsections (e) and (f), respectively;
					(2)by inserting after subsection (b) the following:

							(c)International partnerships
								(1)In generalThe Secretary may, subject to the availability of appropriations, enter into cooperative agreements
			 supporting and enhancing dialogue and planning involving international
			 partnerships between the Department, including National Laboratories of
			 the Department, and the Government of Israel and its ministries, offices,
			 and institutions.
								(2)Federal shareThe Secretary may not pay more than 50 percent of the costs described in paragraph (1).
								(3)Annual reportsThe Secretary shall submit to the Committee on Energy and Commerce, the Committee on Science,
			 Space, and Technology, the Committee on Foreign Affairs, and the Committee
			 on Appropriations of the House of Representatives and the Committee on
			 Energy and Natural Resources, the Committee on Foreign Relations, and the
			 Committee on Appropriations of the Senate an annual report that describes—
									(A)actions taken to carry out this subsection; and
									(B)any projects under this subsection for which the Secretary requests funding.
									(d)United States-Israel CenterThe Secretary may establish a joint United States-Israel Center based in an area of the United
			 States with the experience, knowledge, and expertise in offshore energy
			 development to further dialogue and collaboration to develop more robust
			 academic cooperation in energy innovation technology and engineering,
			 water science, technology transfer, and analysis of geopolitical
			 implications of new natural resource development and associated areas.; and
					(3)by amending subsection (f) (as redesignated) to read as follows:

							(f)Authorization of appropriationsOf the amounts made available under section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231), the Secretary is authorized to use $2,000,000 for each fiscal year to carry out this section..
					(f)TerminationSubsection (e) of section 917 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337) (as redesignated by subsection (e)(1)) is amended by striking the date that is 7 years after the date of enactment of this Act and inserting September 30, 2021.
				IIIOffset
			301.OffsetSection 102(a) of the Enhanced Partnership with Pakistan Act of 2009 (Public Law 111–73) is amended by striking $1,500,000,000 and inserting $1,487,000,000.

	Passed the House of Representatives March 5, 2014.Karen L. Haas,Clerk


116 S1009 IS: Early Detection to Stop Infant Abuse and Prevent Fatalities Act
U.S. Senate
2019-04-03
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. 1009IN THE SENATE OF THE UNITED STATESApril 3, 2019Ms. Baldwin (for herself and Mr. Cassidy) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo establish a demonstration program to explore effective practices to improve early detection and
			 management of injuries indicative of potential abuse in infants under the
			 age of 7 months, in order to prevent future
 cases of child abuse and related fatalities.1.Short titleThis Act may be cited as the Early Detection to Stop Infant Abuse and Prevent Fatalities Act.2.FindingsCongress finds as follows:(1)According to the National Child Abuse and Neglect Data System, an estimated 1,720 children died from abuse or neglect in the United States in fiscal year 2017. Seventy-two percent of child fatalities involved children younger than 3 years, and 50 percent involved infants younger than 1 year.(2)According to the Commission to Eliminate Child Abuse and Neglect Fatalities, infants and toddlers are at high risk of an abuse or neglect fatality compared to other age groups and require special attention. Because these young children are seen by health care professionals, the Commission recommended coordinated, cross-system approaches to prevention.(3)Multiple studies have found that relatively minor, visible injuries in young infants, including bruising and intraoral injuries, are often indicators of abuse. Such injuries are commonly overlooked by medical providers, caregivers, and child welfare professionals because they seem trivial. Without early intervention, physical abuse can escalate, resulting in severe injuries or even fatalities. Many child abuse professionals refer to such injuries as sentinel injuries in young infants because of their importance as early warning signs of abuse.(4)Research conducted in Wisconsin showed that previous sentinel injuries were identified in 27.5 percent of abused infants and 30 percent of infants who suffer abusive head trauma but were rare in infants who had not been abused. Other studies have demonstrated similar rates of missed opportunities to identify abuse in young infants.(5)Proper identification of, and response to, such suspicious injuries provides an opportunity for early recognition and intervention to protect vulnerable children and prevent many cases of abuse and related fatalities, as well as an opportunity to detect medical conditions that require urgent treatment.(6)Early detection of such injuries and effective evaluation and intervention requires education of caregivers of young infants, child protective workers, and medical professionals about the significance of such injuries in young infants.(7)Best practices and protocols need to be developed to ensure an effective response by medical professionals, child protective services, and other professionals when sentinel injuries are detected.3.Demonstration program(a)In generalThe Secretary of Health and Human Services (referred to in this section as the Secretary) shall establish a demonstration program to award grants to eligible entities in order to test effective practices to improve early detection and management of injuries indicative of potential abuse in infants under the age of 7 months to prevent future cases of child abuse and related fatalities.(b)ActivitiesRecipients of grants under this section—(1)shall use such award to—(A)develop, implement, or expand training and best practices to assist medical professionals in identifying, assessing, and responding to injuries indicative of potential abuse in infants under the age of 7 months, particularly bruising and oral injuries;(B)develop protocols and policies that improve communication and coordination between mandatory reporters and child protective services when such reporters identify such injuries; and(C)conduct the evaluation under subsection (e); and(2)may use such award—(A)to raise awareness regarding the significance of such injuries by mandatory reporters, health professionals, the public, professionals caring for children, home visitors, child care workers, and child protective services staff; and(B)for other purposes, as the Secretary determines appropriate, including using the approaches described in subparagraphs (A) through (C) of paragraph (1) to address injuries indicative of potential abuse in children aged 7 months and older.(c)Eligible entities(1)In generalTo be eligible to receive a grant under this section, an entity shall—(A)demonstrate knowledge and experience providing health services to children and identifying and responding to child maltreatment; and(B)submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—(i)a description of the entity's planned activities, including—(I)plans to reduce child re-victimization and child fatalities; and(II)plans to evaluate success, including pertinent data sources that will be developed or utilized; and(ii)entities with whom the applicant will collaborate in carrying out the activities under the grant.(2)Multidiscliplinary partnershipsAn eligible entity shall be a multidisciplinary partnership of stakeholders with knowledge and experience providing health services to children and identifying and responding to child maltreatment, which may include nonprofit organizations, community-based organizations, administrators of any programs funded under the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.), children’s health care providers, board-certified child abuse pediatricians, child protective services, child advocates, State child death review boards, child advocacy centers, State department of justice officials, children’s hospitals, disability organizations, and mental health and social services providers.(d)Grant periodGrants awarded under this section are for a 3-year period.(e)EvaluationsThe Secretary shall require each recipient of a grant under this section to—(1)evaluate and assess—(A)the efficacy of the projects carried out with grant funds; and(B)the extent to which such projects reduced re-victimization of children and child fatalities; and(2)submit a report on such evaluation and pertinent data to the Secretary.(f)Report to CongressNot later than 1 year after the conclusion of the demonstration program under this section and the submission of the report and data under subsection (e)(1), the Secretary shall submit to Congress a report that includes—(1)an analysis of the strengths and opportunities of the program;(2)barriers or challenges for implementing or replicating best practices under the program;(3)the feasibility of a national educational campaign on injuries indicative of potential abuse in infants under the age of 7 months; and(4)areas for further research or evaluation to improve early detection of such injuries.(g)Authorization of appropriationsTo carry out this section, there is authorized to be appropriated $10,000,000 for the period of 2020 through 2022.


		IA
		112th CONGRESS
		1st Session
		H. J. RES. 42
		IN THE HOUSE OF REPRESENTATIVES

			February 18, 2011
			Mr. Carter (for
			 himself, Mr. Cole,
			 Mr. Culberson,
			 Mr. Barton of Texas,
			 Mr. Thornberry,
			 Mr. Olson,
			 Mr. Sam Johnson of Texas,
			 Ms. Granger,
			 Mr. Sessions,
			 Mr. Latham,
			 Mr. King of Iowa,
			 Mr. Conaway,
			 Mr. Calvert,
			 Ms. Jenkins,
			 Mr. Dent, Mr. Flores, Mr.
			 Bucshon, Mr. Poe of Texas,
			 Mr. Burton of Indiana,
			 Mr. Simpson,
			 Mr. Brady of Texas,
			 Mrs. Schmidt,
			 Mr. Long, Mr. Duncan of South Carolina,
			 Mr. Pompeo,
			 Mr. Gibbs,
			 Mr. Farenthold,
			 Mr. Bachus,
			 Mr. Duncan of Tennessee,
			 Mr. Lewis of California,
			 Mrs. Emerson,
			 Mr. Rehberg,
			 Mr. Neugebauer,
			 Mr. Ross of Arkansas,
			 Mr. Bonner,
			 Mr. Kinzinger of Illinois,
			 Mr. Chaffetz,
			 Mr. Sensenbrenner,
			 Mr. Rokita,
			 Mr. Herger,
			 Mr. Latta,
			 Mrs. Lummis,
			 Mr. Boren,
			 Mr. Guthrie,
			 Mr. Brooks, and
			 Mr. Gerlach) introduced the following
			 joint resolution; which was referred to the
			 Committee on Energy and
			 Commerce

		JOINT RESOLUTION
		Disapproving a rule submitted by the
		  Environmental Protection Agency relating to the National Emission Standards for
		  Hazardous Air Pollutants from the Portland Cement Manufacturing Industry and
		  Standards of Performance for Portland Cement Plants.

		That Congress disapproves the rule
			 submitted by the Environmental Protection Agency relating to the National
			 Emission Standards for Hazardous Air Pollutants from the Portland Cement
			 Manufacturing Industry and Standards of Performance for Portland Cement Plants
			 (published at 75 Federal Register 54970 (September 9, 2010)), and such rule
			 shall have no force or effect.


113 S1167 IS: Elko Motocross and Tribal Conveyance Act
U.S. Senate
2013-06-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 1167
		IN THE SENATE OF THE UNITED STATES

			June 13, 2013
			Mr. Heller (for himself
			 and Mr. Reid) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To require the Secretary of the Interior to convey
		  certain Federal land to Elko County, Nevada, and to take land into trust for
		  the Te-moak Tribe of Western Shoshone Indians of Nevada, and for other
		  purposes.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited
			 as the Elko Motocross and Tribal
			 Conveyance Act.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					Sec. 2. Definition of Secretary.
					TITLE I—Elko Motocross Land Conveyance
					Sec. 101. Definitions.
					Sec. 102. Conveyance of land to county.
					TITLE II—Elko Indian Colony Expansion
					Sec. 201. Definitions.
					Sec. 202. Land to be held in trust for the Te-moak Tribe of
				Western Shoshone Indians of Nevada.
					Sec. 203. Authorization of appropriations.

			2.Definition of
			 SecretaryIn this Act, the
			 term Secretary means the Secretary of the Interior, acting through
			 the Bureau of Land Management.
		IElko
			 Motocross land conveyance
			101.DefinitionsIn this title:
				(1)CityThe
			 term city means the city of Elko, Nevada.
				(2)CountyThe
			 term county means the county of Elko, Nevada.
				(3)MapThe
			 term map means the map entitled Elko Motocross Park
			 and dated January 9, 2010.
				102.Conveyance of
			 land to county
				(a)In
			 generalAs soon as practicable after the date of enactment of
			 this Act, subject to valid existing rights and the provisions of this section,
			 the Secretary shall convey to the county, without consideration, all right,
			 title, and interest of the United States in and to the land described in
			 subsection (b).
				(b)Description of
			 landThe land referred to in subsection (a) consists of
			 approximately 275 acres of land managed by the Bureau of Land Management, Elko
			 District, Nevada, as generally depicted on the map as Elko Motocross
			 Park.
				(c)Map and legal
			 description
					(1)In
			 generalAs soon as practicable after the date of enactment of
			 this Act, the Secretary shall finalize the legal description of the parcel to
			 be conveyed under this section.
					(2)Minor
			 errorsThe Secretary may correct any minor error in—
						(A)the map;
			 or
						(B)the legal
			 description.
						(3)AvailabilityThe
			 map and legal description shall be on file and available for public inspection
			 in the appropriate offices of the Bureau of Land Management.
					(d)Use of conveyed
			 landThe land conveyed under this section shall be used only as a
			 motocross, bicycle, off-highway vehicle, or stock car racing area, or for any
			 other public purpose consistent with uses allowed under the Act of June 14,
			 1926 (commonly known as the Recreation and Public Purposes Act),
			 (43 U.S.C. 869 et seq.).
				(e)Administrative
			 costsThe Secretary shall require the county to pay all survey
			 costs and other administrative costs necessary for the preparation and
			 completion of any patents for, and transfers of title to, the land described in
			 subsection (b).
				(f)ReversionIf
			 the land conveyed under this section ceases to be used for a public purpose in
			 accordance with subsection (d), the land shall, at the discretion of the
			 Secretary, revert to the United States.
				IIElko Indian
			 Colony expansion
			201.DefinitionsIn this title:
				(1)MapThe
			 term map means the map entitled Te-moak Tribal Land
			 Expansion, dated September 30, 2008, and on file and available for
			 public inspection in the appropriate offices of the Bureau of Land
			 Management.
				(2)TribeThe
			 term Tribe means the Te-moak Tribe of Western Shoshone Indians of
			 Nevada, which is a federally recognized Indian tribe.
				202.Land to be
			 held in trust for the Te-moak Tribe of Western Shoshone Indians of
			 Nevada
				(a)In
			 generalSubject to valid existing rights, all right, title, and
			 interest of the United States in and to the land described in subsection
			 (b)—
					(1)shall be held in
			 trust by the United States for the benefit and use of the Tribe; and
					(2)shall be part of
			 the reservation of the Tribe.
					(b)Description of
			 landThe land referred to in subsection (a) consists of
			 approximately 373 acres of land administered by the Bureau of Land Management,
			 as generally depicted on the map as Lands to be Held in
			 Trust.
				(c)SurveyNot
			 later than 180 days after the date of enactment of this Act, the Secretary
			 shall complete a survey of the boundary lines to establish the boundaries of
			 the land taken into trust under subsection (a).
				(d)Conditions
					(1)GamingLand
			 taken into trust under subsection (a) shall not be eligible, or considered to
			 have been taken into trust, for class II gaming or class III gaming (as those
			 terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C.
			 2703)).
					(2)Use of trust
			 land
						(A)In
			 generalThe Tribe shall use the land taken into trust under
			 subsection (a) only for—
							(i)traditional and
			 customary uses;
							(ii)stewardship
			 conservation for the benefit of the Tribe; or
							(iii)residential or
			 recreational development.
							(B)Other
			 usesIf the Tribe uses any portion of the land taken into trust
			 under subsection (a) for a purpose other than a purpose described in
			 subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal
			 to the fair market value of the portion of the land, as determined by an
			 appraisal.
						(C)Use of
			 fundsAny amounts received by the Secretary under subparagraph
			 (B) shall be—
							(i)deposited in the
			 Federal Land Disposal Account established by section 206(a) of the Federal Land
			 Transaction Facilitation Act (43 U.S.C. 2305(a)); and
							(ii)used in
			 accordance with that Act.
							(3)Thinning;
			 landscape restorationWith respect to the land taken into trust
			 under subsection (a), the Secretary, in consultation and coordination with the
			 Tribe, may carry out any fuels reduction and other landscape restoration
			 activities on the land that is beneficial to the Tribe and the Bureau of Land
			 Management.
					203.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as are necessary to carry out this
			 title.


		I
		111th CONGRESS
		1st Session
		H. R. 1537
		IN THE HOUSE OF REPRESENTATIVES

			March 16, 2009
			Mr. Sestak introduced
			 the following bill; which was referred to the
			 Committee on Armed
			 Services

		A BILL
		To direct the Secretary of Defense to conduct studies
		  regarding alternative models for acquisition and funding of technologies
		  supporting network-centric operations.

		1.Studies to analyze
			 alternative models for acquisition and funding of technologies supporting
			 network-centric operations
			(a)Studies
			 required
				(1)Independent
			 studyNot later than 90 days
			 after the date of the enactment of this Act, the Secretary of Defense shall
			 enter into a contract with an independent federally funded research and
			 development center to carry out a comprehensive study of policies, procedures,
			 organization, and regulatory constraints affecting the acquisition of
			 technologies supporting network-centric operations. The contract shall be
			 funded from amounts appropriated pursuant to an authorization of appropriations
			 in this Act or otherwise made available for fiscal year 2010 for operation and
			 maintenance for Defense-wide activities.
				(2)Joint Chiefs of
			 Staff studyThe Chairman of the Joint Chiefs of Staff shall carry
			 out a comprehensive study of the same subjects covered by paragraph (1). The
			 study shall be independent of the study required by paragraph (1) and shall be
			 carried out in conjunction with the military departments and in coordination
			 with the Secretary of Defense.
				(b)Matters To be
			 addressedEach study required by subsection (a) shall address the
			 following matters:
				(1)Development of a
			 system for understanding the various foundational components that contribute to
			 network-centric operations, such as data transport, processing, storage, data
			 collection, and dissemination of information.
				(2)Determining how acquisition and funding
			 programs that are in place as of the date of the enactment of this Act relate
			 to the system developed under paragraph (1).
				(3)Development of acquisition and funding
			 models using the system developed under paragraph (1), including—
					(A)a model under
			 which a joint entity independent of any military department (such as the Joint
			 Staff) is established with responsibility and control of all funding for the
			 acquisition of technologies for network-centric operations, and with authority
			 to oversee the incorporation of such technologies into the acquisition programs
			 of the military departments;
					(B)a model under
			 which an executive agent is established to manage and oversee the acquisition
			 of technologies for network-centric operations, but would not have exclusive
			 control of the funding for such programs;
					(C)a model under which the acquisition and
			 funding programs that are in place as of the date of the enactment of this Act
			 are maintained; and
					(D)any other model
			 that the entity carrying out the study considers relevant.
					(4)An analysis of
			 each of the models developed under paragraph (3) with respect to potential
			 benefits in—
					(A)collecting,
			 processing, and disseminating information;
					(B)network
			 commonality;
					(C)common
			 communications;
					(D)interoperability;
					(E)mission impact and
			 success; and
					(F)cost-effectiveness.
					(5)An evaluation of
			 each of the models developed under paragraph (3) with respect to feasibility,
			 including identification of legal, policy, or regulatory barriers that may
			 impede the implementation of such model.
				(c)Report
			 requiredNot later than September 30, 2010, the Secretary of
			 Defense shall submit to the congressional defense committees a report on the
			 results of the studies required by subsection (a). The report shall include the
			 findings and recommendations of the studies and any observations and comments
			 that the Secretary considers appropriate.
			(d)Network-centric
			 operations definedIn this section, the term
			 network-centric operations refers to the ability to exploit all
			 human and technical elements of the Joint Force and mission partners through
			 the full integration of collected information, awareness, knowledge,
			 experience, and decisionmaking, enabled by secure access and distribution, all
			 to achieve agility and effectiveness in a dispersed, decentralized, dynamic, or
			 uncertain operational environment.


		II
		111th CONGRESS
		1st Session
		S. 2790
		IN THE SENATE OF THE UNITED STATES

			November 17, 2009
			Mr. Dodd (for himself,
			 Mr. Harkin, Mr.
			 Franken, Mr. Brown, and
			 Mr. Merkley) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To allow Americans to receive paid sick
		  time so that they can address their own health needs, and the health needs of
		  their families, related to a contagious illness.

		1.Short titleThis Act may be cited as the
			 Pandemic Protection for Workers,
			 Families, and Businesses Act.
		2.FindingsCongress finds the following:
			(1)According to the
			 Bureau of Labor Statistics, between 50,000,000 and 60,000,000 United States
			 workers have no paid sick leave to use when they or their family members are
			 sick. Only 1 in 4 low-wage workers has paid sick days and often low-wage
			 workers are the workers most likely to have jobs that require frequent contact
			 with the public.
			(2)The lack of paid
			 sick days presents a threat to the United States economy and to public health,
			 particularly in the face of a pandemic illness such as the 2009 H1N1 influenza.
			 The Centers for Disease Control and Prevention reports that an individual who
			 comes to work with the 2009 H1N1 influenza will transmit the illness to
			 approximately 8 to 12 percent of the individual's coworkers. This workplace
			 transmission presents a serious threat to business operations, as many
			 businesses do not have contingency plans in place to address the possibility of
			 mass absences due to the spread of a pandemic illness or other contagious
			 illness.
			(3)Hundreds of
			 schools have already been closed this year because of the spread of influenza,
			 and according to the Centers for Disease Control and Prevention, early
			 childhood settings like child care facilities are at high risk for transmission
			 of illness due to their highly vulnerable populations. These schools and
			 settings are also workplaces for many professionals who are at risk of
			 infecting each other as well as children.
			(4)The Centers for
			 Disease Control and Prevention strongly recommends that people with the 2009
			 H1N1 influenza or influenza-like symptoms stay home for at least 24 hours after
			 their fevers end. Experts estimate that if workers followed the recommendation
			 of the Centers for Disease Control and Prevention, the workers could reduce the
			 number of people infected by a pandemic of influenza by 15 to 34
			 percent.
			(5)Providing a
			 minimum standard for paid sick days will enable United States workers to follow
			 this important recommendation without putting their jobs or their paychecks at
			 risk.
			3.PurposesThe purposes of this Act are—
			(1)to minimize the spread of contagious
			 illnesses in the workplace and prevent disruptions to interstate
			 commerce;
			(2)to ensure that all working Americans can
			 address their own health needs and the health needs of their children, related
			 to a contagious illness, by requiring employers to provide up to 7 days of paid
			 sick time to their employees;
			(3)to diminish public and private health care
			 costs by enabling employees to seek early and routine medical care for
			 themselves and their children, related to a contagious illness;
			(4)to provide paid
			 sick time to employees due to closure of a place of business due to a
			 contagious illness or a need to care for a child whose school or child care or
			 early childhood program has been closed due to a contagious illness; and
			(5)to accomplish the purposes described in
			 paragraphs (1) through (4) in a manner that is feasible for employers.
			4.DefinitionsIn this Act:
			(1)ChildThe
			 term child means a child, as defined by the Secretary in
			 consultation with the Secretary of Health and Human Services.
			(2)Contagious
			 illnessThe term contagious illness, as defined by
			 the Secretary of Labor in consultation with the Secretary of Health and Human
			 Services, includes influenza-like illnesses such as an illness from the 2009
			 H1N1 virus.
			(3)Covered
			 employeeThe term
			 covered employee means an individual who—
				(A)has been employed for not less than 30 days
			 by the covered employer from whom paid sick time is requested; and
				(B)is—
					(i)an
			 employee, as defined in section 701(f) of the Civil Rights Act of 1964 (42
			 U.S.C. 2000e(f)), but including an individual employed by an Indian
			 tribe;
					(ii)a
			 State employee described in section 304(a) of the Government Employee Rights
			 Act of 1991 (42 U.S.C. 2000e–16c(a));
					(iii)a
			 covered employee, as defined in section 101 of the Congressional Accountability
			 Act of 1995 (2 U.S.C. 1301), other than an applicant for employment;
					(iv)a
			 covered employee, as defined in section 411(c) of title 3, United States Code;
			 or
					(v)an
			 employee or applicant to which section 717(a) of the Civil Rights Act of 1964
			 (42 U.S.C. 2000e–16(a)) applies.
					(4)Covered
			 employer
				(A)In
			 generalThe term
			 covered employer means a person who—
					(i)is—
						(I)an employer (as
			 defined in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C.
			 2000e(b))), but including an Indian tribe;
						(II)an entity
			 employing a State employee described in section 304(a) of the Government
			 Employee Rights Act of 1991;
						(III)an employing
			 office, as defined in section 101 of the Congressional Accountability Act of
			 1995;
						(IV)an employing
			 office, as defined in section 411(c) of title 3, United States Code; or
						(V)an entity to
			 which section 717(a) of the Civil Rights Act of 1964 applies;
						(ii)who employs 15 or more employees for each
			 working day during each of 20 or more calendar workweeks in the current or
			 preceding calendar year; and
					(iii)is engaged in commerce (including
			 government) or in any industry or activity affecting commerce (including
			 government).
					(5)Employment
			 benefitsThe term
			 employment benefits means all benefits provided or made available
			 to covered employees by a covered employer, including group life insurance,
			 health insurance, disability insurance, sick leave, annual leave, educational
			 benefits, and pensions, regardless of whether such benefits are provided by a
			 practice or written policy of a covered employer or through an employee
			 benefit plan, as defined in
			 section
			 3(3) of the Employee Retirement
			 Income Security Act of 1974 (29 U.S.C. 1002(3)).
			(6)Paid sick
			 timeThe term paid sick
			 time means an increment of compensated leave that can be received by a
			 covered employee for use during an absence from employment for any of the
			 reasons described in paragraphs (1) through (3) of section 5(b).
			(7)SecretaryThe term Secretary means the
			 Secretary of Labor.
			(8)Symptoms of a
			 contagious illnessThe term symptoms of a contagious
			 illness means 1 or more symptoms, as determined to be appropriate by the
			 Secretary in consultation with the Secretary of Health and Human Services, of a
			 contagious illness, including influenza-like illnesses such as an illness from
			 the 2009 H1N1 virus.
			5.Provision of paid sick
			 time
			(a)Paid sick
			 time
				(1)In
			 general
					(A)Full-time
			 employeesA covered employer shall annually provide, to each
			 covered employee employed by the employer on a full-time basis (as defined by
			 the Secretary), not less than 7 days of paid sick time, with employment
			 benefits.
					(B)Part-time
			 employeesThe employer shall annually provide, to each covered
			 employee employed by the employer on less than a full-time basis (as defined by
			 the Secretary), a number of days or hours of paid sick time, with employment
			 benefits. The number of days or hours shall be determined under a formula
			 specified by the Secretary and designed to provide an approximate pro rata
			 share of the 7-day period described in subparagraph (A), based on the hours
			 worked by the employee.
					(C)UsesThe
			 paid sick time provided under this section shall be used as described in
			 subsection (b).
					(2)covered
			 employers with existing policiesAny covered employer with a paid
			 leave policy who annually provides, to each covered employee, 7 days of paid
			 leave that may be used for the same purposes and under the same conditions as
			 the purposes and conditions outlined in subsection (b), shall not be required
			 to provide additional paid sick time to the employee under this section.
				(3)ConstructionNothing
			 in this section shall be construed as requiring financial or other
			 reimbursement to a covered employee from a covered employer upon the employee’s
			 termination, resignation, retirement, or other separation from employment for
			 paid sick time that has not been used.
				(4)ProhibitionA
			 covered employer may not require, as a condition of providing paid sick time
			 under this Act, that the covered employee involved search for or find a
			 replacement worker to cover the hours during which the employee is using paid
			 sick time.
				(b)UsesPaid sick time provided under this section
			 may be used by a covered employee for any of the following:
				(1)(A)An absence resulting
			 from the medical condition of a covered employee experiencing the symptoms of a
			 contagious illness, including the need to obtain medical diagnosis or care, or
			 an absence to obtain preventive care for the employee for a contagious
			 illness.
					(B)An absence due to a determination by a
			 health authority having jurisdiction or by a health care provider that the
			 covered employee's presence on the job would jeopardize the health of others
			 because of the employee's exposure to a contagious illness.
					(2)(A)An absence for the
			 purpose of caring for a child of the covered employee who is experiencing
			 symptoms of a contagious illness, including the need to obtain medical
			 diagnosis or care, or an absence to obtain preventive care for the child for a
			 contagious illness.
					(B)An absence for the purpose of caring
			 for a child of the covered employee due to a determination by a health
			 authority having jurisdiction or by a health care provider that the child's
			 presence in the community would jeopardize the health of others because of the
			 child's exposure to a contagious illness.
					(3)Closure of the
			 covered employee's place of business due to a contagious illness or a covered
			 employee's need to care for a child whose school or child care or early
			 childhood program has been closed due to a contagious illness.
				(c)Medical
			 certification requirements
				(1)RequestPaid sick time shall be provided upon the
			 oral or written request of a covered employee.
				(2)CertificationThe Secretary, and other authorities who
			 may issue regulations under section 12, may issue regulations under that
			 section regarding medical certification requirements for a period of paid sick
			 time under this Act. The Secretary shall issue any such regulations after
			 consultation with the Secretary of Health and Human Services. A covered
			 employer may not require a covered employee to provide medical certification
			 inconsistent with the regulations, to receive paid sick time under this
			 section.
				6.Posting
			 requirement
			(a)In
			 generalEach covered
			 employer—
				(1)shall post and keep posted a notice, to be
			 prepared or approved in accordance with procedures specified in regulations
			 prescribed under section 12, setting forth excerpts from, or summaries of, the
			 pertinent provisions of this Act; and
				(2)shall take other reasonable measures
			 specified in the regulations to inform covered employees of their rights under
			 those provisions.
				(b)Violation;
			 penaltyAny covered employer
			 who willfully violates the requirements of this section shall be subject to a
			 civil fine in an amount not to exceed $100 for each separate offense.
			7.Prohibited
			 acts
			(a)Interference
			 with rights
				(1)Exercise of
			 rightsIt shall be unlawful
			 for any covered employer to interfere with, restrain, or deny the exercise of,
			 or the attempt to exercise, any right provided under this Act,
			 including—
					(A)discharging or
			 discriminating against (including retaliating against) any individual,
			 including a job applicant, for exercising, or attempting to exercise, any right
			 provided under this Act;
					(B)using the taking
			 of paid sick time under this Act as a negative factor in an employment action,
			 such as hiring, promotion, or a disciplinary action; or
					(C)counting the paid
			 sick time under a no-fault attendance policy or any other absence control
			 policy.
					(2)DiscriminationIt shall be unlawful for any covered
			 employer to discharge or in any other manner discriminate against (including
			 retaliating against) any individual, including a job applicant, for opposing
			 any practice made unlawful by this Act.
				(b)Interference
			 with proceedings or inquiriesIt shall be unlawful for any person to
			 discharge or in any other manner discriminate against (including retaliating
			 against) any individual, including a job applicant, because such
			 individual—
				(1)has filed an action, or has instituted or
			 caused to be instituted any proceeding, under or related to this Act;
				(2)has given, or is about to give, any
			 information in connection with any inquiry or proceeding relating to any right
			 provided under this Act; or
				(3)has testified, or is about to testify, in
			 any inquiry or proceeding relating to any right provided under this Act.
				8.Enforcement
			 authority
			(a)In
			 general
				(1)DefinitionIn this subsection:
					(A)the term covered employee
			 means a covered employee described in clause (i) or (ii) of section 4(3)(B);
			 and
					(B)the term covered employer
			 means a covered employer described in subclause (I) or (II) of section
			 4(4)(A)(i).
					(2)Civil action by
			 covered employees or individuals
					(A)Right of
			 actionAn action to recover
			 the damages or equitable relief prescribed in subparagraph (B) may be
			 maintained against any covered employer in any Federal or State court of
			 competent jurisdiction by one or more covered employees or individuals or their
			 representative for and on behalf of—
						(i)the covered employees or individuals;
			 or
						(ii)the covered employees or individuals and
			 others similarly situated.
						(B)LiabilityAny covered employer who violates section 7
			 (including a violation relating to rights provided under section 5) shall be
			 liable to any covered employee or individual affected for damages and equitable
			 relief, corresponding to that employee or individual, described in
			 subparagraphs (A) and (B) of paragraph (1) of section 107(a) of the Family and
			 Medical Leave Act of 1993 (29 U.S.C. 2617(a)). In applying those subparagraphs,
			 a reference to a time period shall be considered to be reference to 7 days.
			 Paragraph (3) of that section shall apply to the action.
					(3)Action by the
			 SecretarySection 107(b) of that Act (29 U.S.C. 2617(b)) shall
			 apply to complaints of violations described in paragraph (2)(B), with respect
			 to employees, individuals, and damages described in that paragraph.
				(4)Limitation
					(A)In
			 generalAn action may be
			 brought under paragraph (2), (3), or (5) not later than 1 year after the date
			 of the last event constituting the alleged violation for which the action is
			 brought.
					(B)CommencementIn determining when an action is commenced
			 under paragraph (2), (3), or (5) for the purposes of this paragraph, it shall
			 be considered to be commenced on the date when the complaint is filed.
					(5)Action for
			 injunction by SecretarySection 107(d) of that Act (29 U.S.C.
			 2617(d)) shall apply to violations described in paragraph (2)(B), with respect
			 to employees and individuals described in that paragraph.
				(b)Employees
			 covered by Congressional Accountability Act of 1995The powers, remedies, and procedures
			 provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et
			 seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or
			 any person, alleging a violation of section 202(a)(1) of that Act
			 (2 U.S.C.
			 1312(a)(1)) shall be the powers, remedies, and procedures this
			 Act provides to that Board, or any person, alleging an unlawful employment
			 practice in violation of this Act against a covered employee described in
			 section 4(3)(B)(iii).
			(c)Employees
			 covered by chapter 5 of title
			 3, United States CodeThe powers, remedies, and procedures
			 provided in chapter 5 of title 3, United States Code, to the President, the
			 Merit Systems Protection Board, or any person, alleging a violation of section
			 412(a)(1) of that title, shall be the powers, remedies, and procedures this Act
			 provides to the President, that Board, or any person, respectively, alleging an
			 unlawful employment practice in violation of this Act against a covered
			 employee described in section 4(3)(B)(iv).
			(d)Employees
			 covered by section 717 of the Civil Rights Act of 1964The powers, remedies, and procedures
			 provided in title 5, United States Code, to an employing agency, provided in
			 chapter 12 of that title to the Merit Systems Protection Board, or provided
			 under that title to any person, alleging a violation of chapter 63 of that
			 title, shall be the powers, remedies, and procedures this Act provides to that
			 agency, that Board, or any person, respectively, alleging an unlawful
			 employment practice in violation of this Act against a covered employee
			 described in section 4(3)(B)(v).
			(e)Remedies for
			 State employees
				(1)Waiver of
			 sovereign immunityA State's receipt or use of Federal financial
			 assistance for any program or activity of a State shall constitute a waiver of
			 sovereign immunity, under the 11th amendment to the Constitution or otherwise,
			 to a suit brought by a covered employee of that program or activity under this
			 Act for equitable, legal, or other relief authorized under this Act.
				(2)Official
			 capacityAn official of a State may be sued in the official
			 capacity of the official by any covered employee who has complied with the
			 procedures under subsection (a)(2), for injunctive relief that is authorized
			 under this Act. In such a suit the court may award to the prevailing party
			 those costs authorized by section 722 of the Revised Statutes (42 U.S.C.
			 1988).
				(3)ApplicabilityWith
			 respect to a particular program or activity, paragraph (1) applies to conduct
			 occurring on or after the day, after the date of enactment of this Act, on
			 which a State first receives or uses Federal financial assistance for that
			 program or activity.
				(4)Definition of
			 program or activityIn this subsection, the term program or
			 activity has the meaning given the term in section 606 of the Civil
			 Rights Act of 1964 (42 U.S.C. 2000d–4a).
				9.Effect on other
			 laws
			(a)Family and
			 Medical Leave Act of 1993Nothing in this Act shall be construed
			 to modify or affect the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et
			 seq.).
			(b)State and local
			 lawsNothing in this Act
			 shall be construed to supersede (including preempting) any provision of any
			 State or local law that provides greater paid sick time or leave rights
			 (including greater paid sick time or leave, or greater coverage of those
			 eligible for paid sick time or leave) than the rights established under this
			 Act.
			10.Effect on existing
			 employment benefits
			(a)More
			 protectiveNothing in this
			 Act shall be construed to diminish the obligation of a covered employer to
			 comply with any contract, collective bargaining agreement, or any employment
			 benefit program or plan that provides greater paid sick leave or other leave
			 rights to covered employees or individuals than the rights established under
			 this Act.
			(b)Less
			 protectiveThe rights
			 established for covered employees under this Act shall not be diminished by any
			 contract, collective bargaining agreement, or any employment benefit program or
			 plan.
			11.Encouragement of more
			 generous leave policiesNothing in this Act shall be construed to
			 discourage covered employers from adopting or retaining leave policies more
			 generous than policies that comply with the requirements of this Act.
		12.Regulations
			(a)In
			 generalNot later than 15
			 days after the date of enactment of this Act, the Secretary shall prescribe
			 such interim final regulations as are necessary to carry out this Act with
			 respect to covered employees described in clause (i) or (ii) of section 4(3)(B)
			 and other individuals affected by covered employers described in subclause (I)
			 or (II) of section 4(4)(A)(i).
			(b)Employees
			 covered by Congressional Accountability Act of 1995
				(1)AuthorityNot later than 30 days after the date of
			 enactment of this Act, each congressional regulating authority shall prescribe
			 such interim final regulations as are necessary to carry out this Act with
			 respect to covered employees described in section 4(3)(B)(iii) and under the
			 regulating authority's jurisdiction and other individuals affected by covered
			 employers described in section 4(4)(A)(i)(III) and under the regulating
			 authority's jurisdiction.
				(2)Agency
			 regulationsThe regulations
			 prescribed under paragraph (1) shall be the same as substantive regulations
			 promulgated by the Secretary to carry out this Act except insofar as the
			 congressional regulating authority may determine, for good cause shown and
			 stated together with the regulations prescribed under paragraph (1), that a
			 modification of such regulations would be more effective for the implementation
			 of the rights and protections involved under this section.
				(3)Congressional
			 regulating authorityThe term congressional regulating
			 authority means—
					(A)the Committee on
			 Rules of the House of Representatives, with respect to a covered employee
			 described in paragraph (7) of section 101 of the Congressional Accountability
			 Act of 1995 (2 U.S.C. 1301) and the covered employer of that employee;
					(B)the Committee on
			 Rules of the Senate, with respect to a covered employee described in paragraph
			 (8) of that section and the covered employer of that employee; and
					(C)the head of a
			 covered employer described in paragraph (9)(D) of that section, with respect to
			 a corresponding covered employee described in any of subparagraphs (C) through
			 (I) of paragraph (3) of that section and the covered employer.
					(c)Employees
			 covered by chapter 5 of title
			 3, United States Code
				(1)AuthorityNot later than 30 days after the date of
			 enactment of this Act, the President (or the designee of the President) shall
			 prescribe such interim final regulations as are necessary to carry out this Act
			 with respect to covered employees described in section 4(3)(B)(iv) and other
			 individuals affected by covered employers described in section
			 4(4)(A)(i)(IV).
				(2)Agency
			 regulationsThe regulations
			 prescribed under paragraph (1) shall be the same as substantive regulations
			 promulgated by the Secretary to carry out this Act except insofar as the
			 President (or designee) may determine, for good cause shown and stated together
			 with the regulations prescribed under paragraph (1), that a modification of
			 such regulations would be more effective for the implementation of the rights
			 and protections involved under this section.
				(d)Employees
			 covered by section 717 of the Civil Rights Act of 1964
				(1)AuthorityExcept as provided in paragraph (2), not
			 later than 30 days after the date of enactment of this Act, the Director of the
			 Office of Personnel Management shall prescribe such interim final regulations
			 as are necessary to carry out this Act with respect to covered employees
			 described in section 4(3)(B)(v) and other individuals affected by covered
			 employers described in section 4(4)(A)(i)(V).
				(2)Government
			 Accountability Office; Library of Congress; Government Printing
			 OfficeThe Comptroller
			 General of the United States, the Librarian of Congress, and the Public Printer
			 shall prescribe the interim final regulations with respect to covered employees
			 of the Government Accountability Office, the Library of Congress, and the
			 Government Printing Office, respectively and other individuals affected by the
			 Comptroller General of the United States, the Librarian of Congress, and the
			 Public Printer, respectively.
				(3)Agency
			 regulationsThe regulations
			 prescribed under paragraph (1) or (2) shall be the same as substantive
			 regulations promulgated by the Secretary to carry out this Act except insofar
			 as the Director, Comptroller General of the United States, the Librarian of
			 Congress, or the Public Printer may determine, for good cause shown and stated
			 together with the regulations prescribed under paragraph (1) or (2), that a
			 modification of such regulations would be more effective for the implementation
			 of the rights and protections involved under this section.
				13.Effective
			 dates
			(a)Effective
			 dateThis Act (other than
			 section 12) shall take effect—
				(1)with respect to covered employees described
			 in clause (i) or (ii) of section 4(3)(B), and their covered employers, 15 days
			 after the date of enactment of this Act; and
				(2)except as
			 provided in paragraph (1), 30 days after the date of enactment of this
			 Act.
				(b)TerminationThis Act shall terminate 2 years after the
			 date of enactment of this Act.


109 HR 2347 IH: Suburban Core Opportunity, Restoration, and Enhancement (SCORE) Act of 2005
U.S. House of Representatives
2005-05-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2347
IN THE HOUSE OF REPRESENTATIVES

May 12, 2005
Mr. King of New York (for himself and Mrs. McCarthy) introduced the following bill; which was referred to the Committee on Financial Services, 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

A BILL
To revitalize suburban communities, and for other purposes.

1.Short titleThis Act may be cited as the Suburban Core Opportunity, Restoration, and Enhancement (SCORE) Act of 2005.
2.General provisions
(a)DefinitionsAs used in this Act—
(1)the term unit of local government means any city, other than a metropolitan city located in a metropolitan statistical area, county, town, township, parish, village, hamlet, or other general purpose political subdivision of a State that contains within its boundaries an eligible SCORE project area;
(2)the term State means any State of the United States, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and America Samoa;
(3)the term metropolitan area means a standard metropolitan statistical area as established by the Office of Management and Budget;
(4)the term metropolitan city means—
(A)a city within a metropolitan area which is the central city of such area, as defined and used by the Office of Management and Budget; or
(B)any other city, within a metropolitan area, which has a population of 50,000 or more;
(5)the term Secretary means the Secretary of Housing and Urban Development; and
(6)the term SCORE project area means any area that—
(A)is not eligible to be designated as a renewal community under section 1400E of the Internal Revenue Code of 1986;
(B)is not smaller than a census-designated place (CDP) as defined by the United States Bureau of the Census; and
(C)includes some of the following:
(i)Close proximity to existing development and infrastructure, including access to mass transit.
(ii)Substandard, deteriorating, distressed, abandoned, or underutilized residential, commercial, and industrial properties.
(iii)An average housing cost-burden of at least 50 percent of gross income.
(iv)A commercial property vacancy rate 30 percent higher than the average commercial vacancy rate for all metropolitan areas.
(v)An older, economically obsolescent regional mall, commonly referred to as a Greyfield mall.
(b)Basis and modification of definitionsWhere appropriate, the definitions in subsection (a) shall be based, with respect to any fiscal year, on the most recent data compiled by the United States Bureau of the Census and the latest published reports of the Office of Management and Budget available 90 days prior to the beginning of such fiscal year. The Secretary may by regulation change or otherwise modify the meaning of the terms defined in subsection (a) in order to reflect any technical change or modification thereof made subsequent to such date by the United States Bureau of the Census or the Office of Management and Budget.
3.Designation of SCORE project areas
(a)In generalFrom among the areas nominated for designation under this section, the Secretary may designate 1 or more SCORE project areas.
(b)Limitations on designationNo area may be designated under subsection (a) unless—
(1)the area is nominated by 1 or more units of local government, including municipal and county authorities;
(2)the unit of local government provides written assurances and other documentation satisfactory to the Secretary that—
(A)it convened a SCORE advisory committee to enter into a collaborative community planning process to determine the SCORE project area to be nominated;
(B)the SCORE advisory committee held a series of open meetings to develop a vision statement with the consensus of the community that describes—
(i)the geographical extent of the SCORE project area;
(ii)the community's goals in applying for such a designation; and
(iii)the community's plan for the use of any funds received under this Act; and
(C)the SCORE advisory committee passed a resolution, that was later adopted by the unit of local government, adopting the vision statement agreed to in subparagraph (B); and
(3)the Secretary determines that any information furnished is reasonably accurate.
4.Planning grants for SCORE project areas
(a)Grants authorized
(1)In generalThe Secretary may award a grant to a unit of local government to plan activities in accordance with the provisions of this section.
(2)AmountA grant awarded under subsection (a) shall not exceed $250,000.
(3)Award basisThe Secretary shall award grants under this section on a competitive basis.
(b)ApplicationA unit of local government seeking a grant under this section on behalf of a designated SCORE project area shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(c)Use of fundsA grant awarded to a unit of local government on behalf of a designated SCORE project area pursuant to subsection (a) shall be used to create a strategic plan for the SCORE project area. Such a strategic plan shall include plans for—
(1)increasing the types of housing available within the SCORE project area;
(2)protecting natural resources, farmland, and critical environmental lands within the SCORE project area;
(3)preserving or increasing the amount of open space, public plazas, parks, and recreation areas within the SCORE project area;
(4)increasing the construction of mixed use properties and buildings within the SCORE project area;
(5)enhancing and promoting public transportation and improved circulation and access within the SCORE project area, including the construction and renovation of streets for pedestrian use, improving access to and condition of transit stations and facilities, and the creation of commercial and mixed use properties adjacent to transit stations;
(6)preserving the character of the community within the SCORE project area, including limits on the choice of architectural designs and the loss of historic features; and
(7)programs or initiatives that enhance the economic base of the SCORE project area, including the creation of business improvement districts, facade enhancement programs, retail store recruitment, and community marketing.
(d)SCORE advisory committee
(1)In generalAny unit of local government seeking to receive funds under this section shall work in close association with a SCORE advisory committee.
(2)Public hearingThe SCORE advisory committee shall hold at least one hearing, open to the public, concerning the strategic plan with stakeholders and other interested groups within the community so that the opinions of such parties can be taken into account and so that outside groups can learn of the strategic plan.
(3)Public noticeCopies of the strategic plan as well as the date and time of the hearing shall be made available to the public at least two weeks prior to the hearing.
(4)90 day period for commentsAfter the hearing, any interested party shall have 90 days in which to submit comments to the strategic plan advisory committee. At the end of this period, the SCORE advisory committee shall hold an additional hearing, open to the public, to discuss any revisions made to the strategic plan.
(e)Authorization of appropriations
(1)In generalThere are authorized to be appropriated $2,000,000 for fiscal year 2006 to carry out the provisions of this section.
(2)Amounts available until expendedAmounts appropriated under paragraph (1) shall remain available until expended.
5.Revitalization grants for SCORE project areas
(a)Grants authorized
(1)In generalThe Secretary may award a grant to a unit of local government to fund activities to revitalize SCORE project areas in accordance with the provisions of this section.
(2)Limitation on amountNo unit of local government may receive grants under this section totaling more than $50,000,000.
(3)Award basisThe Secretary shall award grants under this section on a competitive basis.
(b)ApplicationA unit of local government seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(c)SCORE Reinvestment Fund
(1)In generalAny unit of local government receiving a grant pursuant to subsection (a) shall establish a separate fund, to be known as a SCORE Reinvestment Fund, to be administered by the unit local government, in consultation with a SCORE advisory committee. The SCORE Reinvestment Fund shall be credited with all grant funds made available under this Act.
(2)DistributionA unit of local government, in consultation with a SCORE advisory committee, shall distribute such sums as are necessary from the SCORE Reinvestment Fund to fund projects to revitalize SCORE project areas.
(d)Use of funds
(1)In generalA grant awarded to a unit of local government and distributed from a SCORE Reinvestment Fund shall be used to—
(A)acquire real, commercial, or industrial property and existing structures within a SCORE project area;
(B)pay for the costs of hiring engineers to develop or redevelop real, commercial, or industrial property and existing structures within a SCORE project area; and
(C)pay for the construction, reconstruction, alteration, rehabilitation, or to make substantial improvements to real, commercial, or industrial property and existing structures with a SCORE project area.
(2)LimitationNo more than 20 percent of the sums distributed from a SCORE Reinvestment Fund shall be allocated to any single project to revitalize SCORE project areas.
(e)Certification of assessed valuesAny unit of local government receiving a grant pursuant to subsection (a) must determine and certify the assessed value of all taxable real property within the SCORE project area as of the date the unit of local government applied for the grant, and for each fiscal year thereafter.
(f)Receipt of revenueA unit of local government receiving a grant pursuant to subsection (a) shall ensure that—
(1)it will receive for each fiscal year the equivalent of any tax revenues generated from taxes levied on the assessed value of real property within the SCORE project area as of the date it applied for the grant;
(2)until an amount equal to the amount of the grant awarded pursuant to subsection (a) is collected, the SCORE Reinvestment Fund will receive all taxes generated as result of any increase in the assessed value of all taxable real property within a SCORE project area after the date it applied for the grant; and
(3)after an amount equal to the amount of the grant awarded pursuant to subsection (a) is collected, the SCORE Reinvestment Fund will receive 50 percent of all taxes generated as result of any increase in the assessed value of all taxable real property within a SCORE project area after the date it applied for the grant.
(g)Authorization of appropriationsThere are authorized to be appropriated $250,000,000 for fiscal year 2006 to carry out the provisions of this section.
6.Requirement for audits and reports by units of local government
(a)ReportsThe Secretary may not award a grant under section 5 for a fiscal year unless the unit of local government shall prepare and submit to the Secretary an annual report in such form and containing such information as the Secretary determines to be necessary for—
(1)securing a record and a description of the purposes for which a grant received by a unit of local government pursuant to section 5 was expended and of the recipients of such expenditures;
(2)determining whether the grant awarded was expended in accordance with the purposes and limitations required pursuant to subsection (d) of section 5; and
(3)determining the percentage of the grant awarded that was expended by the unit of local government for administrative expenses during the preceding fiscal year.
(b)Audit
(1)In generalThe Secretary may not award a grant under section 5 for a fiscal year unless the unit of local government shall establish such fiscal controls and fund accounting procedures as may be necessary to ensure the proper disbursal of, and accounting for, amounts received by the unit of local government under such section.
(2)StandardsThe Secretary may not award a grant under section 5 unless the unit of local government shall—
(A)provide for a single financial and compliance audit of each SCORE Reinvestment Fund;
(B)perform an audit biennially and that such an audit will cover expenditures in each fiscal year; and
(C)conduct such an audit in accordance with standards established by the Comptroller General of the United States for the audit of governmental organizations, programs, activities, and functions.
(3)DefinitionFor purposes of paragraph (2), the term financial and compliance audit means an audit to determine whether the financial statements of an audited SCORE Reinvestment Fund present fairly the financial position, and the results of financial operations, of the SCORE Reinvestment Fund in accordance with generally accepted accounting principles, and whether the SCORE Reinvestment Fund has complied with laws and regulations that may have a material effect upon the financial statements.
(c)Availability to the publicThe Secretary may not award a grant under section 5 for a fiscal year unless the unit of local government shall make copies of the reports and audits described in this section available for public inspection.
(d)Evaluations by Comptroller GeneralThe Comptroller General of the United States shall, from time to time, evaluate the expenditures by units of local government of grants awarded under section 5 in order to ensure that expenditures are consistent with the provisions of this section.
7.Interaction with Community Development Block Grant Programs
(a)Business located within SCORE project areasA business located within an area designated as a SCORE project area under section 3 that is receiving Federal funds provided to States and units of general local government under section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306), or, if applicable, receiving funds as a result of a guarantee or grant under section 108 of that same Act, shall be deemed to have met for any job creation or job retention effort undertaken with such funds—
(1)the certification requirement of section 104(b)(3) of such Act; and
(2)the requirements of section 105(c) of such Act.
(b)Housing units in SCORE project areasAll units of housing that are located within an area designated as a SCORE project area under section 3 and that are receiving Federal funds provided to States and units of general local government under section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306), or, if applicable, receiving funds as a result of a guarantee or grant under section 108 of that same Act, shall be considered a single structure with respect to the requirements of section 105(c) of such Act.
(c)Economic development projects in SCORE project areasAny economic development project located within an area designated as a SCORE project area under section 3 that is receiving Federal funds provided to States and units of general local government under section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306), or, if applicable, receiving funds as a result of a guarantee or grant under section 108 of that same Act, shall be exempt from the public benefit standards established under section 105(e) of such Act.
8.Tax benefits for SCORE project areas
(a)In generalChapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter:

ZSCORE project areas benefits

Sec. 1400M. Tax benefits for SCORE project areas.
1400M.Tax benefits for SCORE project areas
(a)Expansion of work opportunity tax credit
(1)In generalFor purposes of section 51, a SCORE project area business employee shall be treated as a member of a targeted group.
(2)Score project area business employeeFor purposes of this subsection—
(A)In generalThe term SCORE project area business employee means, with respect to any period, any employee of a SCORE project area business if substantially all the services performed during such period by such employee for such business are performed in the SCORE project area in which the business is located.
(B)Score project area businessThe term SCORE project area business means any trade or business which is located in a SCORE project business area.
(C)Special rules for determining amount of creditFor purposes of applying subpart F of part IV of subchapter B of this chapter to wages paid or incurred to any SCORE project area business employee—
(i)section 51(a) shall be applied by substituting the sum of 15 percent of the qualified first-year wages, 10 percent of the qualified second-year wages, and 5 percent of the qualified third-year wages for 40 percent of the qualified first-year wages,
(ii)in lieu of paragraphs (2) and (3) of subsection (b), the following definitions and special rule shall apply:
(I)Qualified first-year wagesThe term qualified first-year wages means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning with the later of the day the individual begins work for the employer or the first day of the designation of the SCORE project area in which the employer is located.
(II)Qualified second-year wagesThe term qualified second-year wages means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such individual determined under subclause (I).
(III)Qualified third-year wagesThe term qualified third-year wages means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such individual determined under subclause (II).
(IV)Only first $15,000 of wages per year taken into accountThe amount of the qualified first, second, and third year wages which may be taken into account with respect to any individual shall not exceed $15,000 per year, and
(iii)subsections (c)(4) and (I)(2) of section 51 shall not apply.
(b)Special allowance for certain SCORE project area property
(1)Additional allowanceIn the case of any qualified SCORE project area property—
(A)the depreciation deduction provided by section 167(a) for the taxable year in which such property is placed in service shall include an allowance equal to 50 percent of the adjusted basis of such property, and
(B)the adjusted basis of the qualified SCORE project area property shall be reduced by the amount of such deduction before computing the amount otherwise allowable as a depreciation deduction under this chapter for such taxable year and any subsequent taxable year.
(2)Qualified Score project area propertyFor purposes of this subsection—
(A)In generalThe term qualified SCORE project area property means property—
(i)which is nonresidential real property or residential rental property,
(ii)substantially all of the use of which is in the active conduct of a trade or business by the taxpayer in the SCORE project area in which such property is located,
(iii)the original use of which in the SCORE project area commences with the taxpayer after the date of the designation of such area, and
(iv)which is acquired by the taxpayer by purchase (as defined in section 179(d)) after the date of such designation, but only if no written binding contract for the acquisition was in effect before such date.
(B)Exceptions
(i)30 percent additional allowance propertySuch term shall not include property to which section 168(k) applies.
(ii)Alternative depreciation propertyThe term qualified New York Liberty Zone property shall not include any property described in section 168(k)(2)(D)(I).
(iii)Election outFor purposes of this subsection, rules similar to the rules of section 168(k)(2)(D)(iii) shall apply.
(C)Special rulesFor purposes of this subsection, rules similar to the rules of subparagraph (E) of section 168(k)(2) shall apply, except that—
(i)the date of the designation of the SCORE project area shall be substituted for September 10, 2001 each place it appears, and
(ii)clause (I) thereof shall be applied without regard to and before January 1, 2005.
(D)Allowance against alternative minimum taxFor purposes of this subsection, rules similar to the rules of section 168(k)(2)(G) shall apply.
(c)SCORE project areaFor purposes of this section, the term SCORE project area means an area designated under the Suburban Core Opportunity, Restoration, and Enhancement (SCORE) Act of 2005..
(b)Clerical amendmentThe table of subchapters for chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

Subchapter Z—SCORE project areas benefits.


110 HR 3322 IH: Cops for Kids

U.S. House of Representatives
2007-08-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3322
		IN THE HOUSE OF REPRESENTATIVES

			August 2, 2007
			Mr. Boswell (for
			 himself, Mr. Chandler,
			 Ms. Bordallo, and
			 Mr. Patrick J. Murphy of Pennsylvania)
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To provide grants to units of local government and States
		  to hire personnel to monitor the activities of sex offenders.

		1.Short titleThis Act may be cited as the
			 Cops for Kids
			 Act.
		2.Grant
			 Program
			(a)In
			 GeneralThe Attorney General may make grants to States and units
			 of local government to develop programs to hire personnel to monitor the
			 activities of sex offenders in the community.
			(b)PriorityIn
			 awarding a grant under this Act, the Attorney General shall give priority to a
			 unit of local government or State with the greatest need as determined by the
			 number of sex offenders in such unit of local government or State.
			(c)Matching
			 fundsTo be eligible to receive a grant under this Act, A State
			 or unit of local government shall contribute not less than 50 percent of the
			 costs of developing a sex offender monitoring program, including hiring
			 personnel and providing training.
			3.Uses of
			 fundsA grant awarded under
			 this Act may be used to develop a monitoring program of sex offenders,
			 including—
			(1)hiring personnel;
			(2)developing
			 training programs for such personnel; and
			(3)purchasing
			 equipment for the program.
			4.DefinitionFor purposes of this Act—
			(1)the term sex
			 offender means an individual required by law to register as a sex
			 offender;
			(2)the term
			 State means each of the fifty States, the District of Columbia,
			 Puerto Rico, the United States Virgin Islands, the Commonwealth of the Northern
			 Mariana Islands, Guam, and American Samoa; and
			(3)the term
			 unit of local government means any city, county, township, town,
			 borough, parish, village, or other general purpose political subdivision of a
			 State.
			5.Authorization of
			 appropriationsThere are
			 authorized to be appropriated $50,000,000 for each of fiscal years 2008 through
			 2013 to carry out this Act.