115 HR 1689 : Private Property Rights Protection Act of 2017
U.S. House of Representatives
2018-07-24
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
		115th CONGRESS2d Session
		H. R. 1689
		IN THE SENATE OF THE UNITED STATES
		July 24, 2018 Received; read twice and referred to the Committee on the JudiciaryAN ACT
		To protect private property rights.

 1.Short titleThis Act may be cited as the Private Property Rights Protection Act of 2017. 2.Prohibition on eminent domain abuse by States (a)In GeneralNo State or political subdivision of a State shall exercise its power of eminent domain, or allow the exercise of such power by any person or entity to which such power has been delegated, over property to be used for economic development or over property that is used for economic development within 7 years after that exercise, if that State or political subdivision receives Federal economic development funds during any fiscal year in which the property is so used or intended to be used.
 (b)Ineligibility for Federal FundsA violation of subsection (a) by a State or political subdivision shall render such State or political subdivision ineligible for any Federal economic development funds for a period of 2 fiscal years following a final judgment on the merits by a court of competent jurisdiction that such subsection has been violated, and any Federal agency charged with distributing those funds shall withhold them for such 2-year period, and any such funds distributed to such State or political subdivision shall be returned or reimbursed by such State or political subdivision to the appropriate Federal agency or authority of the Federal Government, or component thereof.
 (c)Opportunity To Cure ViolationA State or political subdivision shall not be ineligible for any Federal economic development funds under subsection (b) if such State or political subdivision returns all real property the taking of which was found by a court of competent jurisdiction to have constituted a violation of subsection (a) and replaces any other property destroyed and repairs any other property damaged as a result of such violation. In addition, the State or political subdivision must pay any applicable penalties and interest to reattain eligibility.
 3.Prohibition on eminent domain abuse by the Federal GovernmentThe Federal Government or any authority of the Federal Government shall not exercise its power of eminent domain to be used for economic development.
		4.Private right of action
 (a)Cause of ActionAny—(1) owner of private property whose property is subject to eminent domain who suffers injury as a result of a violation of any provision of this Act with respect to that property; or (2) any tenant of property that is subject to eminent domain who suffers injury as a result of a violation of any provision of this Act with respect to that property, may bring an action to enforce any provision of this Act in the appropriate Federal or State court. A State shall not be immune under the 11th Amendment to the Constitution of the United States from any such action in a Federal or State court of competent jurisdiction. In such action, the defendant has the burden to show by clear and convincing evidence that the taking is not for economic development. Any such property owner or tenant may also seek an appropriate relief through a preliminary injunction or a temporary restraining order.
 (b)Limitation on Bringing ActionAn action brought by a property owner or tenant under this Act may be brought if the property is used for economic development following the conclusion of any condemnation proceedings condemning the property of such property owner or tenant, but shall not be brought later than 7 years following the conclusion of any such proceedings.
 (c)Attorneys’ Fee and Other CostsIn any action or proceeding under this Act, the court shall allow a prevailing plaintiff a reasonable attorneys’ fee as part of the costs, and include expert fees as part of the attorneys’ fee.
			5.Reporting of violations to Attorney General
 (a)Submission of report to attorney generalAny—(1) owner of private property whose property is subject to eminent domain who suffers injury as a result of a violation of any provision of this Act with respect to that property; or (2) any tenant of property that is subject to eminent domain who suffers injury as a result of a violation of any provision of this Act with respect to that property, may report a violation by the Federal Government, any authority of the Federal Government, State, or political subdivision of a State to the Attorney General.
 (b)Investigation by attorney generalUpon receiving a report of an alleged violation, the Attorney General shall conduct an investigation to determine whether a violation exists.
 (c)Notification of violationIf the Attorney General concludes that a violation does exist, then the Attorney General shall notify the Federal Government, authority of the Federal Government, State, or political subdivision of a State that the Attorney General has determined that it is in violation of the Act. The notification shall further provide that the Federal Government, State, or political subdivision of a State has 90 days from the date of the notification to demonstrate to the Attorney General either that: (1) it is not in violation of the Act; or (2) that it has cured its violation by returning all real property the taking of which the Attorney General finds to have constituted a violation of the Act and replacing any other property destroyed and repairing any other property damaged as a result of such violation.
 (d)Attorney general’s bringing of action To enforce actIf, at the end of the 90-day period described in subsection (c), the Attorney General determines that the Federal Government, authority of the Federal Government, State, or political subdivision of a State is still violating the Act or has not cured its violation as described in subsection (c), then the Attorney General will bring an action to enforce the Act unless the property owner or tenant who reported the violation has already brought an action to enforce the Act. In such a case, the Attorney General shall intervene if it determines that intervention is necessary in order to enforce the Act. The Attorney General may file its lawsuit to enforce the Act in the appropriate Federal or State court. A State shall not be immune under the 11th Amendment to the Constitution of the United States from any such action in a Federal or State court of competent jurisdiction. In such action, the defendant has the burden to show by clear and convincing evidence that the taking is not for economic development. The Attorney General may seek any appropriate relief through a preliminary injunction or a temporary restraining order.
 (e)Limitation on bringing actionAn action brought by the Attorney General under this Act may be brought if the property is used for economic development following the conclusion of any condemnation proceedings condemning the property of an owner or tenant who reports a violation of the Act to the Attorney General, but shall not be brought later than 7 years following the conclusion of any such proceedings.
 (f)Attorneys’ fee and other costsIn any action or proceeding under this Act brought by the Attorney General, the court shall, if the Attorney General is a prevailing plaintiff, award the Attorney General a reasonable attorneys’ fee as part of the costs, and include expert fees as part of the attorneys’ fee.
			6.Notification by Attorney General
			(a)Notification to States and Political Subdivisions
 (1)Not later than 30 days after the enactment of this Act, the Attorney General shall provide to the chief executive officer of each State the text of this Act and a description of the rights of property owners and tenants under this Act.
 (2)Not later than 120 days after the enactment of this Act, the Attorney General shall compile a list of the Federal laws under which Federal economic development funds are distributed. The Attorney General shall compile annual revisions of such list as necessary. Such list and any successive revisions of such list shall be communicated by the Attorney General to the chief executive officer of each State and also made available on the Internet website maintained by the United States Department of Justice for use by the public and by the authorities in each State and political subdivisions of each State empowered to take private property and convert it to public use subject to just compensation for the taking.
 (b)Notification to Property Owners and tenantsNot later than 30 days after the enactment of this Act, the Attorney General shall publish in the Federal Register and make available on the Internet website maintained by the United States Department of Justice a notice containing the text of this Act and a description of the rights of property owners and tenants under this Act.
			7.Reports
 (a)By Attorney GeneralNot later than 1 year after the date of enactment of this Act, and every subsequent year thereafter, the Attorney General shall transmit a report identifying States or political subdivisions that have used eminent domain in violation of this Act to the Chairman and Ranking Member of the Committee on the Judiciary of the House of Representatives and to the Chairman and Ranking Member of the Committee on the Judiciary of the Senate. The report shall—
 (1)identify all private rights of action brought as a result of a State’s or political subdivision’s violation of this Act;
 (2)identify all violations reported by property owners and tenants under section 5(c) of this Act; (3)identify the percentage of minority residents compared to the surrounding nonminority residents and the median incomes of those impacted by a violation of this Act;
 (4)identify all lawsuits brought by the Attorney General under section 5(d) of this Act; (5)identify all States or political subdivisions that have lost Federal economic development funds as a result of a violation of this Act, as well as describe the type and amount of Federal economic development funds lost in each State or political subdivision and the Agency that is responsible for withholding such funds; and
 (6)discuss all instances in which a State or political subdivision has cured a violation as described in section 2(c) of this Act.
 (b)Duty of StatesEach State and local authority that is subject to a private right of action under this Act shall have the duty to report to the Attorney General such information with respect to such State and local authorities as the Attorney General needs to make the report required under subsection (a).
			8.Sense of Congress regarding rural America
 (a)FindingsThe Congress finds the following: (1)The founders realized the fundamental importance of property rights when they codified the Takings Clause of the Fifth Amendment to the Constitution, which requires that private property shall not be taken for public use, without just compensation.
 (2)Rural lands are unique in that they are not traditionally considered high tax revenue-generating properties for State and local governments. In addition, farmland and forest land owners need to have long-term certainty regarding their property rights in order to make the investment decisions to commit land to these uses.
 (3)Ownership rights in rural land are fundamental building blocks for our Nation’s agriculture industry, which continues to be one of the most important economic sectors of our economy.
 (4)In the wake of the Supreme Court’s decision in Kelo v. City of New London, abuse of eminent domain is a threat to the property rights of all private property owners, including rural land owners.
 (b)Sense of CongressIt is the sense of Congress that the use of eminent domain for the purpose of economic development is a threat to agricultural and other property in rural America and that the Congress should protect the property rights of Americans, including those who reside in rural areas. Property rights are central to liberty in this country and to our economy. The use of eminent domain to take farmland and other rural property for economic development threatens liberty, rural economies, and the economy of the United States. The taking of farmland and rural property will have a direct impact on existing irrigation and reclamation projects. Furthermore, the use of eminent domain to take rural private property for private commercial uses will force increasing numbers of activities from private property onto this Nation’s public lands, including its National forests, National parks and wildlife refuges. This increase can overburden the infrastructure of these lands, reducing the enjoyment of such lands for all citizens. Americans should not have to fear the government’s taking their homes, farms, or businesses to give to other persons. Governments should not abuse the power of eminent domain to force rural property owners from their land in order to develop rural land into industrial and commercial property. Congress has a duty to protect the property rights of rural Americans in the face of eminent domain abuse.
 9.Sense of CongressIt is the policy of the United States to encourage, support, and promote the private ownership of property and to ensure that the constitutional and other legal rights of private property owners are protected by the Federal Government.
		10.Religious and nonprofit organizations
 (a)Prohibition on StatesNo State or political subdivision of a State shall exercise its power of eminent domain, or allow the exercise of such power by any person or entity to which such power has been delegated, over property of a religious or other nonprofit organization by reason of the nonprofit or tax-exempt status of such organization, or any quality related thereto if that State or political subdivision receives Federal economic development funds during any fiscal year in which it does so.
 (b)Ineligibility for Federal FundsA violation of subsection (a) by a State or political subdivision shall render such State or political subdivision ineligible for any Federal economic development funds for a period of 2 fiscal years following a final judgment on the merits by a court of competent jurisdiction that such subsection has been violated, and any Federal agency charged with distributing those funds shall withhold them for such 2-year period, and any such funds distributed to such State or political subdivision shall be returned or reimbursed by such State or political subdivision to the appropriate Federal agency or authority of the Federal Government, or component thereof.
 (c)Prohibition on Federal GovernmentThe Federal Government or any authority of the Federal Government shall not exercise its power of eminent domain over property of a religious or other nonprofit organization by reason of the nonprofit or tax-exempt status of such organization, or any quality related thereto.
 11.Report by Federal agencies on regulations and procedures relating to eminent domainNot later than 180 days after the date of the enactment of this Act, the head of each Executive department and agency shall review all rules, regulations, and procedures and report to the Attorney General on the activities of that department or agency to bring its rules, regulations and procedures into compliance with this Act.
 12.Sense of CongressIt is the sense of Congress that any and all precautions shall be taken by the government to avoid the unfair or unreasonable taking of property away from survivors of Hurricane Katrina who own, were bequeathed, or assigned such property, for economic development purposes or for the private use of others.
 13.Disproportionate impactIf the court determines that a violation of this Act has occurred, and that the violation has a disproportionately high impact on the poor or minorities, the Attorney General shall use reasonable efforts to locate former owners and tenants and inform them of the violation and any remedies they may have.
 14.DefinitionsIn this Act the following definitions apply: (1)Economic developmentThe term economic development means taking private property, without the consent of the owner, and conveying or leasing such property from one private person or entity to another private person or entity for commercial enterprise carried on for profit, or to increase tax revenue, tax base, employment, or general economic health, except that such term shall not include—
 (A)conveying private property— (i)to public ownership, such as for a road, hospital, airport, or military base;
 (ii)to an entity, such as a common carrier, that makes the property available to the general public as of right, such as a railroad or public facility;
 (iii)for use as a road or other right of way or means, open to the public for transportation, whether free or by toll; and
 (iv)for use as an aqueduct, flood control facility, pipeline, or similar use; (B)removing harmful uses of land provided such uses constitute an immediate threat to public health and safety;
 (C)leasing property to a private person or entity that occupies an incidental part of public property or a public facility, such as a retail establishment on the ground floor of a public building;
 (D)acquiring abandoned property; (E)clearing defective chains of title;
 (F)taking private property for use by a utility providing electric, natural gas, telecommunication, water, wastewater, or other utility services either directly to the public or indirectly through provision of such services at the wholesale level for resale to the public; and
 (G)redeveloping of a brownfield site as defined in the Small Business Liability Relief and Brownfields Revitalization Act (42 U.S.C. 9601(39)).
 (2)Federal economic development fundsThe term Federal economic development funds means any Federal funds distributed to or through States or political subdivisions of States under Federal laws designed to improve or increase the size of the economies of States or political subdivisions of States.
 (3)StateThe term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.
 15.Limitation on statutory constructionNothing in this Act may be construed to supersede, limit, or otherwise affect any provision of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
 16.Broad constructionThis Act shall be construed in favor of a broad protection of private property rights, to the maximum extent permitted by the terms of this Act and the Constitution.
		17.Severability and effective date
 (a)SeverabilityThe provisions of this Act are severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated.
 (b)Effective DateThis Act shall take effect upon the first day of the first fiscal year that begins after the date of the enactment of this Act, but shall not apply to any project for which condemnation proceedings have been initiated prior to the date of enactment.

	Passed the House of Representatives July 23, 2018.Karen L. Haas,Clerk


116 S3796 IS: No Bailouts for Illegal Aliens Act
U.S. Senate
2020-05-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3796IN THE SENATE OF THE UNITED STATESMay 21, 2020Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on AppropriationsA BILLTo withhold funding authorized under the CARES Act from any State or municipality that provides economic stimulus payments through a program designed to exclusively assist illegal aliens.1.Short titleThis Act may be cited as the No Bailouts for Illegal Aliens Act.2.Prohibition on the use of funds to offset stimulus checks to illegal aliens(a)In generalTitle XIII of the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136) is amended—(1)by redesignating section 23008 as section 23009; and(2)by inserting after section 23007 the following:23008.Notwithstanding any other provision of this Act or any amendment made by this Act, no funds made available under this Act or by any amendment made by this Act, may be made available to a State or municipality (as such terms are defined in section 4002 of division A) unless the State or municipality has certified that it is not providing relief funds or similar monetary payments of any kind that are targeted exclusively to individuals who are believed to be unlawfully present in the United States..(b)ApplicabilityThe amendment made by subsection (a)(2) shall apply to any funds made available under the CARES Act (Public Law 116–136) on or after the date of the enactment of that Act.


116 S4982 IS: Creating Helpful Incentives for Producing Semiconductors for America and Foundries Act
U.S. Senate
2020-12-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4982IN THE SENATE OF THE UNITED STATESDecember 8, 2020Mr. Cornyn (for himself, Mr. Warner, Mr. Schumer, and Mr. Cotton) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo provide incentives for the production of semiconductors for the United States, and for other purposes.1.Short titleThis Act may be cited as the Creating Helpful Incentives for Producing Semiconductors for America and Foundries Act.2.DefinitionsIn this Act:(1)The term appropriate committees of Congress means—(A)the Select Committee on Intelligence, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Finance of the Senate; and(B)the Permanent Select Committee on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on Financial Services, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives.(2)The term covered entity means a private entity, a consortium of private entities, or a consortium of public and private entities with a demonstrated ability to substantially finance, construct, expand, or modernize a facility relating to fabrication, assembly, testing, advanced packaging, or research and development of semiconductors.(3)The term covered incentive—(A)means an incentive offered by a governmental entity to a covered entity for the purposes of constructing within the jurisdiction of the governmental entity, or expanding or modernizing an existing facility within that jurisdiction, a facility described in paragraph (2); and(B)a workforce-related incentive (including a grant agreement relating to workforce training or vocational education), any concession with respect to real property, funding for research and development with respect to semiconductors, and any other incentive determined appropriate by the Secretary, in consultation with the Secretary of State.(4)The term person includes an individual, partnership, association, corporation, organization, or any other combination of individuals.(5)The term foreign entity—(A)means—(i)a government of a foreign country and a foreign political party; (ii)a natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual (as such term is defined in section 274B(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324b(a)(3))); or(iii)a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country; and(B)includes—(i)any person owned by, controlled by, or subject to the jurisdiction or direction of an entity listed in subparagraph (A);(ii)any person, wherever located, who acts as an agent, representative, or employee of an entity listed in subparagraph (A);(iii)any person who acts in any other capacity at the order, request, or under the direction or control, of an entity listed in subparagraph (A), or of a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by an entity listed in subparagraph (A);(iv)any person who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the equity interests of an entity listed in subparagraph (A);(v)any person with significant responsibility to control, manage, or direct an entity listed in subparagraph (A);(vi)any person, wherever located, who is a citizen or resident of a country controlled by an entity listed in subparagraph (A); or (vii)any corporation, partnership, association, or other organization organized under the laws of a country controlled by an entity listed in subparagraph (A).(6)The term foreign entity of concern means any foreign entity that is—(A)designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);(B)included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury;(C)owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is listed in section 2533c of title 10, United States Code; or(D)alleged by the Attorney General to have been involved in activities for which a conviction was obtained under—(i)chapter 37 of title 18, United States Code (commonly known as the Espionage Act) (18 U.S.C. 792 et seq.);(ii)section 951 or 1030 of title 18, United States Code;(iii)chapter 90 of title 18, United States Code (commonly known as the Economic Espionage Act of 1996);(iv)the Arms Export Control Act (22 U.S.C. 2751 et seq.);(v)section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2274–2278; 2284);(vi)the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or(vii)the International Economic Emergency Powers Act (50 U.S.C. 1701 et seq.); or(E)determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States under this Act.(7)The term governmental entity means a State or local government.(8)The term Secretary means the Secretary of Commerce.(9)The term semiconductor has the meaning given that term by the Secretary.3.Semiconductor incentives(a)Financial assistance program(1)In generalThe Secretary shall establish in the Department of Commerce a program that, in accordance with the requirements of this section and subject to the availability of appropriations for such purposes, provides Federal financial assistance to covered entities to incentivize investment in facilities and equipment in the United States for semiconductor fabrication, assembly, testing, advanced packaging, or research and development.(2)Procedure(A)In generalA covered entity shall submit to the Secretary an application that describes the project for which the covered entity is seeking financial assistance under this section.(B)EligibilityIn order for a covered entity to qualify for financial assistance under this section, the covered entity shall demonstrate to the Secretary, in the application submitted by the covered entity under subparagraph (A), that—(i)the covered entity has a documented interest in constructing, expanding, or modernizing a facility described in paragraph (1); and(ii)with respect to the project described in clause (i), the covered entity has—(I)been offered a covered incentive;(II)made commitments to worker and community investment, including through—(aa)training and education benefits paid by the covered entity; and(bb)programs to expand employment opportunity for economically disadvantaged individuals;(III)secured commitments from regional educational and training entities and institutions of higher education to provide workforce training, including programming for training and job placement of economically disadvantaged individuals; and(IV)an executable plan to sustain the facility described in clause (i) without additional Federal financial assistance under this subsection for facility support.(C)Considerations for reviewWith respect to the review by the Secretary of an application submitted by a covered entity under subparagraph (A)—(i)the Secretary may not approve the application unless the Secretary—(I)confirms that the covered entity has satisfied the eligibility criteria under subparagraph (B);(II)determines that the project to which the application relates is in the interest of the United States; and(III)has notified the appropriate committees of Congress not later than 15 days before making any commitment to provide a grant to any covered entity that exceeds $10,000,000; and(ii)the Secretary may consider whether—(I)the covered entity has previously received financial assistance made under this subsection;(II)the governmental entity offering the applicable covered incentive has benefitted from financial assistance previously provided under this subsection; (III)the covered entity has demonstrated that they are responsive to the national security needs or requirements established by the Intelligence Community (or an agency thereof), the National Nuclear Security Administration, or the Department of Defense; and(IV)when practicable, a consortium that is considered a covered entity includes a small business concern, as defined under section 3 of the Small Business Act (15 U.S.C. 632), notwithstanding section 121.103 of title 13, Code of Federal Regulations; and(iii)the Secretary may not approve an application if the Secretary determines that the covered entity is a foreign entity of concern.(D)RecordsThe Secretary may request records and information from the applicant to review the status of a covered entity. The applicant shall provide the records and information requested by the Secretary.(3)Amount(A)In generalThe Secretary shall determine the appropriate amount and funding type for each financial assistance award made to a covered entity under this subsection.(B)Larger investmentFederal investment in any individual project shall not exceed $3,000,000,000 unless the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, recommends to the President, and the President certifies and reports to the appropriate committees of Congress, that a larger investment is necessary to—(i)significantly increase the proportion of reliable domestic supply of semiconductors relevant for national security and economic competitiveness that can be met through domestic production; and(ii)meet the needs of national security.(4)Use of fundsA covered entity that receives a financial assistance award under this subsection may only use the financial assistance award amounts to—(A)finance the construction, expansion, or modernization of a facility or equipment to be used for semiconductors described in paragraph (1), as documented in the application submitted by the covered entity under paragraph (2)(B), as determined necessary by the Secretary for purposes relating to the national security and economic competitiveness of the United States;(B)support workforce development for a facility described in subparagraph (A);(C)support site development and modernization for a facility described in subparagraph (A); and(D)pay reasonable costs related to the operating expenses for a facility described in subparagraph (A), including specialized workforce, essential materials, and complex equipment maintenance, as determined by the Secretary.(5)Clawback(A)Target datesFor all major awards to covered entities, the Secretary shall—(i)determine target dates by which a project shall commence and complete; and(ii)set these dates by the time of award.(B)Progressive recovery for delaysIf the project does not commence and complete by the set target dates in (A), the Secretary shall progressively recover up to the full amount of an award provided to a covered entity under this subsection.(C)Technology clawbackThe Secretary shall recover the full amount of an award provided to a covered entity under this subsection if, during the applicable term with respect to the award, the covered entity knowingly engages in any joint research or technology licensing effort—(i)with a foreign entity of concern; and(ii)that relates to a technology or product that raises national security concerns, as determined by the Secretary and communicated to the covered entity before engaging in such joint research or technology licensing.(D)WaiverIn the case of delayed projects, the Secretary may waive elements of the clawback provisions incorporated in each major award after—(i)making a formal determination that circumstances beyond the ability of the covered entity to foresee or control are responsible for delays; and(ii)submitting congressional notification.(E)Congressional notificationThe Secretary shall notify appropriate committees of Congress—(i)of the clawback provisions attending each such major award; and(ii)of any waivers provided, not later than 15 days after the date on which such a waiver was provided.(b)Coordination requiredIn carrying out the program established under subsection (a), the Secretary shall coordinate with the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Energy, and the Director of National Intelligence.(c)GAO reviewsThe Comptroller General of the United States shall—(1)not later than 2 years after the date of disbursement of the first financial award under subsection (a), and biennially thereafter for 10 years, conduct a review of the program established under subsection (a), which shall include, at a minimum—(A)a determination of the number of instances in which financial assistance awards were provided under that subsection during the period covered by the review;(B)an evaluation of how—(i)the program is being carried out, including how recipients of financial assistance awards are being selected under the program; and(ii)other Federal programs are leveraged for manufacturing, research, and training to complement the financial assistance awards awarded under the program; and(C)a description of the outcomes of projects supported by awards made under the program, including a description of—(i)facilities described in subsection (a)(1) that were constructed, expanded, or modernized as a result of awards made under the program;(ii)research and development carried out with awards made under the program;(iii)workforce training programs carried out with awards made under the program, including efforts to hire individuals from disadvantaged populations; and(iv)the impact of projects on the United States share of global microelectronics production; and(2)submit to the appropriate committees of Congress the results of each review conducted under paragraph (1).4.Department of Defense(a)Department of Defense efforts(1)In generalSubject to the availability of appropriations for such purposes, the Secretary of Defense, in consultation with the Secretary of Commerce, the Secretary of Energy, the Secretary of Homeland Security, and the Director of National Intelligence, shall establish a public-private partnership through which the Secretary shall work to incentivize the formation of one or more consortia of companies (or other such partnerships of private-sector entities, as appropriate) to ensure the development and production of measurably secure microelectronics, including integrated circuits, logic devices, memory, and the packaging and testing practices that support these microelectronic components by the Department of Defense, the intelligence community, critical infrastructure sectors, and other national security applications. Such incentives may include the use of grants under section 3, and providing incentives for the creation, expansion, or modernization of one or more commercially competitive and sustainable microelectronics manufacturing or advanced research and development facilities in the United States.(2)Risk mitigation requirementsA participant in a consortium formed with incentives under paragraph (1)—(A)shall have the potential to enable design, perform fabrication, assembly, package, or test functions for microelectronics deemed critical to national security as defined by the National Security Advisor and the Secretary of Defense;(B)may be a fabless company migrating its designs to the facility envisioned in paragraph (1) or migrating to an existing facility onshore;(C)may be companies, including fabless companies and companies that procure large quantities of microelectronics, willing to co-invest to achieve the objectives set forth in paragraph (1);(D)shall include management processes to identify and mitigate supply chain security risks; and (E)shall be capable of providing microelectronic components that are consistent with applicable measurably secure supply chain and operational security standards established under section 224(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).(3)National security considerationsThe Secretary of Defense and the Director of National Intelligence shall select participants for each consortium and or partnership formed with incentives under paragraph (1). In selecting such participants, the Secretary and the Director may jointly consider whether the companies—(A)have participated in previous programs and projects of the Department of Defense, Department of Energy, or the intelligence community, including—(i)the Trusted Integrated Circuit program of the Intelligence Advanced Research Projects Activity;(ii)trusted and assured microelectronics projects, as administered by the Department of Defense;(iii)the Electronics Resurgence Initiative program of the Defense Advanced Research Projects Agency; or(iv)relevant semiconductor research programs of the Advanced Research Projects Agency–Energy;(B)have demonstrated an ongoing commitment to performing contracts for the Department of Defense and the intelligence community;(C)are approved by the Defense Counterintelligence and Security Agency or the Office of the Director of National Intelligence as presenting an acceptable security risk, taking into account supply chain assurance vulnerabilities, counterintelligence risks, and any risks presented by companies whose beneficial owners are located outside the United States; and(D)are evaluated periodically for foreign ownership, control, or influence by a foreign entity of concern.(4)Nontraditional defense contractors and commercial entitiesArrangements entered into to carry out paragraph (1) shall be in such form as the Secretary of Defense determines appropriate to encourage industry participation of nontraditional defense contractors or commercial entities and may include a contract, a grant, a cooperative agreement, a commercial agreement, the use of other transaction authority under section 2371 of title 10, United States Code, or another such arrangement.(5)ImplementationSubject to the availability of appropriations for such purposes, the Secretary of Defense—(A)shall carry out paragraph (1) jointly through the Office of the Under Secretary of Defense for Research and Engineering and the Office of the Under Secretary of Defense for Acquisition and Sustainment; and(B)may carry out paragraph (1) in collaboration with any such other component of the Department of Defense as the Secretary of Defense considers appropriate.(6)Other initiatives(A)Required initiativesSubject to the availability of appropriations for such purposes, the Secretary of Defense, in consultation with the Secretary of Energy and the Administrator of the National Nuclear Security Administration, as appropriate, may dedicate initiatives within the Department of Defense to carry out activities to advance radio frequency, mixed signal, radiation tolerant, and radiation hardened microelectronics that support national security and dual-use applications.(B)Support plan requiredThe Secretary of Defense, in consultation with the heads of appropriate departments and agencies of the Federal Government, shall develop a plan, including assessment of resource requirements and designation of responsible officials, for the maintenance of capabilities to produce trusted and assured microelectronics to support current and legacy defense systems, other government systems essential for national security, and critical infrastructure of the United States, especially for items with otherwise limited commercial demand.(C)Assessment of public private partnerships and activitiesIn conjunction with the activities carried out under this section, the Secretary of Defense shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to undertake a study to make recommendations and provide policy options for optimal public-private partnerships and partnership activities, including an analysis of establishing a semiconductor manufacturing corporation to leverage private sector technical, managerial, and investment expertise, and private capital, as well as an assessment of and response to the industrial policies of other nations to support industries in similar critical technology sectors, and deliver such study to the congressional defense committees not later than October 1, 2022.(7)Reports(A)Report by Secretary of DefenseNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the plans of the Secretary to carry out paragraphs (1) and (6).(B)Biennial reports by Comptroller General of the United StatesNot later than one year after the date on which the Secretary submits the report required by subparagraph (A) and not less frequently than once every two years thereafter for a period of 10 years, the Comptroller General of the United States shall submit to Congress a report on the activities carried out under this subsection.(b)National network for microelectronics research and development(1)In generalSubject to the availability of appropriations for such purposes, the Secretary of Defense may establish a national network for microelectronics research and development—(A)to enable the laboratory to fabrication transition of microelectronics innovations in the United States; and(B)to expand the global leadership in microelectronics of the United States.(2)ActivitiesThe national network for microelectronics research and development shall—(A)enable cost-effective exploration of new materials, devices, and architectures, and prototyping in domestic facilities to safeguard domestic intellectual property;(B)accelerate the transition of new technologies to domestic microelectronics manufacturers; and(C)conduct other relevant activities deemed necessary by the Secretary of Defense for accomplishing the purposes of the national network for microelectronics research and development.5.Department of Commerce study on status of microelectronics technologies in the United States industrial base(a)In generalBeginning not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the heads of other Federal departments and agencies, as appropriate, including the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Energy, shall undertake a review, which shall include a survey, using authorities in section 705 of the Defense Production Act of 1950 (50 U.S.C. 4555), to assess the capabilities of the United States industrial base to support the national defense in light of the global nature of the supply chain and significant interdependencies between the United States industrial base and the industrial bases of foreign countries with respect to the manufacture, design, and end use of microelectronics.(b)Response to surveyTo the extent authorized by section 705 of the Defense Production Act of 1950 (50 U.S.C. 4555) and section 702 of title 15, Code of Federal Regulations, the Secretary shall ensure all relevant potential respondents reply to the survey, including the following:(1)Corporations, partnerships, associations, or any other organized groups domiciled and with substantial operations in the United States.(2)Corporations, partnerships, associations, or any other organized groups with a physical presence of any kind in the United States.(3)Foreign domiciled corporations, partnerships, associations, or any other organized groups with a physical presence of any kind in the United States.(c)Information requestedTo the extent authorized by section 705 of the Defense Production Act of 1950 (50 U.S.C. 4555) and section 702 of title 15, Code of Federal Regulations, the information sought from a responding entity specified in subsection (b) shall include, at minimum, information on the following with respect to the manufacture, design, or end use of microelectronics by such entity:(1)An identification of the geographic scope of operations.(2)Information on relevant cost structures.(3)An identification of types of microelectronics development, manufacture, assembly, test, and packaging equipment in operation at such an entity.(4)An identification of all relevant intellectual property, raw materials, and semi-finished goods and components sourced domestically and abroad by such an entity.(5)Specifications of the microelectronics manufactured or designed by such an entity, descriptions of the end uses of such microelectronics, and a description of any technical support provided to end users of such microelectronics by such an entity.(6)Information on domestic and export market sales by such an entity.(7)Information on the financial performance, including income and expenditures, of such an entity.(8)A list of all foreign and domestic subsidies, and any other financial incentives, received by such an entity in each market in which such entity operates.(9)A list of regulatory or other informational requests about the respondents’ operations, sales, or other proprietary information by the People’s Republic of China entities under its direction or officials of the Chinese Communist Party, a description of the nature of each request, and the type of information provided.(10)Information on any joint ventures, technology licensing agreements, and cooperative research or production arrangements of such an entity.(11)A description of efforts by such an entity to evaluate and control supply chain risks.(12)A list and description of any sales, licensing agreements, or partnerships between such an entity and the People’s Liberation Army or People’s Armed Police, including any business relationships with entities through which such sales, licensing agreements, or partnerships may occur.(d)Report(1)In generalThe Secretary shall, in consultation with the heads of other appropriate Federal departments and agencies, as appropriate, including the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Energy, submit to Congress a report on the results of the review required by subsection (a). The report shall include the following:(A)An assessment of the results of the review.(B)A list of critical technology areas impacted by potential disruptions in production of microelectronics, and a detailed description and assessment of the impact of such potential disruptions on such areas.(C)A description and assessment of gaps and vulnerabilities in the microelectronics supply chain and the national industrial supply base.(2)FormThe report required by paragraph (1) may be submitted in classified form. 6.Funding for development and adoption of measurably secure semiconductors and measurably secure semiconductors supply chains(a)Multilateral semiconductors security fund(1)Establishment of fundThe Secretary of the Treasury is authorized to establish a trust fund, to be known as the Multilateral Semiconductors Security Fund (in this section referred to as the Fund), consisting of any appropriated funds credited to the Fund for such purpose.(2)Reporting requirementIf the Fund authorized under subsection (a)(1) is not established, 180 days after the date of the enactment of this Act and annually thereafter until such Fund is established, the Secretary of the Treasury, in coordination with the Secretary of State, shall provide, in writing, to the appropriate committees of Congress a rationale for not establishing the Fund.(3)Investment of amounts(A)Investment of amountsIf the Fund authorized under subsection (a)(1) is established, the Secretary of the Treasury shall invest such portion of the Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.(B)Interest and proceedsThe interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.(4)Use of fund(A)In generalSubject to subparagraph (B), amounts in the Fund shall be available, as provided in advance in an appropriations Act, to the Secretary of State—(i)to provide funding through the common funding mechanism described in subsection (b)(1) to support the development and adoption of measurably secure semiconductors and measurably secure semiconductors supply chains; and(ii)to otherwise carry out this section.(B)Availability contingent on international arrangement or agreement(i)In generalAmounts in the Fund shall be available to the Secretary of State, subject to appropriation, on and after the date on which the Secretary of State enters into an arrangement or agreement with the governments of countries that are partners of the United States to participate in the common funding mechanism under paragraph (1) of subsection (b).(ii)ConsultationBefore entering into an arrangement or agreement as described clause (i), the Secretary of State, in consultation with the Secretary of Commerce, shall ensure any partner government maintains export control licensing policies on semiconductor technology substantively equivalent to the United States with respect to restrictions on such exports to the People’s Republic of China.(b)Common funding mechanism for development and adoption of measurably secure semiconductors and measurably secure semiconductors supply chains(1)In generalThe Secretary of State, in consultation with the Secretary of Commerce, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of the Treasury, the Secretary of Energy, and the Director of National Intelligence, is authorized to establish a common funding mechanism, in coordination with foreign partners, that uses amounts from the Fund to support the development and adoption of secure semiconductors and secure semiconductors supply chains, including for use in research and development collaborations among partner countries participating in the common funding mechanism. In establishing and sustaining a common funding mechanism, the Secretary of State should leverage United States funding in order to secure contributions and commitments from trusted foreign partners, including cost sharing and other cooperative measures leading to the development and adoption of secure semiconductors and secure microelectronic supply chains.(2)CommitmentsIn creating and sustaining a common funding mechanism described in paragraph (1), the Secretary of State should promote efforts among foreign partners to—(A)establish transparency requirements for any subsidies or other financial benefits (including revenue foregone) provided to semiconductors firms located in or outside such countries;(B)establish consistent policies with respect to countries that—(i)are not participating in the common funding mechanism; and(ii)do not meet transparency requirements established under subparagraph (A);(C)promote harmonized treatment of semiconductors and verification processes for items being exported to a country considered a national security risk by a country participating in the common funding mechanism;(D)establish consistent policies and common external policies to address nonmarket economies as the behavior of such countries pertains to semiconductors;(E)align policies on supply chain integrity and semiconductors security, including with respect to protection and enforcement of intellectual property rights; and(F)promote harmonized foreign direct investment screening measures and export control policies with respect to semiconductors to align with national, multilateral, and plurilateral security priorities.(c)Annual report to CongressNot later than one year after the date of the enactment of this Act, and annually thereafter for each fiscal year during which amounts in the Fund are available under subsection (a)(4), the Secretary of State shall submit to the appropriate committees of Congress a report on the status of the implementation of this section that includes a description of—(1)any commitments made by the governments of countries that have entered into an arrangement or agreement with the United States to provide funding for the common funding mechanism described in subsection (b)(1) and the specific amount so committed and other cooperative measures being taken by such countries as part of the common funding mechanism;(2)the criteria established for expenditure of funds through the common funding mechanism;(3)how, and to whom, amounts have been expended from the Fund and a description of progress made utilizing the Fund to support the objectives described in subsection (b)(1);(4)amounts remaining in the Fund;(5)the progress of the Secretary of State toward entering into an arrangement or agreement with the governments of countries that are partners of the United States to participate in the common funding mechanism and the commitments described in subsection (b)(2); and(6)any additional authorities needed to enhance the effectiveness of the Fund in achieving the security goals of the United States.(d)Notifications To be provided by the fund(1)In generalNot later than 15 days prior to the Fund making a financial commitment associated with the provision of expenditures under subsection (a)(4)(A) in an amount in excess of $1,000,000, the Secretary of State shall submit to the appropriate committees of Congress a report in writing that contains the information required by paragraph (2).(2)Information requiredThe information required by this subsection includes—(A)the amount of each such expenditure;(B)an identification of the recipient or beneficiary; and(C)a description of the project or activity and the purpose to be achieved by an expenditure of the Fund.(3)Arrangements or agreementsThe Secretary of State shall notify the appropriate committees of Congress not later than 30 days after entering into a new bilateral or multilateral arrangement or agreement described in subsection (a)(4)(B).7.Advanced microelectronics research and development(a)Subcommittee on microelectronics leadership(1)Establishment requiredThe President shall establish in the National Science and Technology Council a subcommittee on matters relating to leadership and competitiveness of the United States in microelectronics technology and innovation (in this section referred to as the Subcommittee).(2)MembershipThe Subcommittee shall be composed of the following members:(A)The Secretary of Defense.(B)The Secretary of Energy.(C)The Director of the National Science Foundation.(D)The Secretary of Commerce.(E)The Secretary of State.(F)The Secretary of Homeland Security.(G)The United States Trade Representative.(H)The Director of National Intelligence.(I)The heads of such other departments and agencies of the Federal Government as the President determines appropriate.(3)DutiesThe duties of the Subcommittee are as follows:(A)National strategy on microelectronics research(i)In generalIn consultation with the advisory committee established in (b), and other appropriate stakeholders in the microelectronics industry and academia, the Subcommittee shall develop a national strategy on microelectronics research, development, manufacturing, and supply chain security to—(I)accelerate the domestic development and production of microelectronics and strengthen the domestic microelectronics workforce; and(II)ensure that the United States is a global leader in the field of microelectronics research and development.(ii)ElementsThe strategy developed under this subparagraph shall address—(I)activities that may be carried out to strengthen engagement and outreach between the Department of Defense and industry, academia, international partners of the United States, and other departments and agencies of the Federal Government on issues relating to microelectronics;(II)priorities for research and development to accelerate the advancement and adoption of innovative microelectronics and new uses of microelectronics and components;(III)the role of diplomacy and trade in maintaining the position of the United States as a global leader in the field of microelectronics;(IV)the potential role of a Federal laboratory, center, or incubator exclusively focused on the research and development of microelectronics, as described in section 231(b)(15) of the National Defense Authorization Act for Fiscal Year 2017 (as added by section 276 of this Act) in carrying out the strategy and plan required under this subparagraph; and(V)such other activities as the Subcommittee determines may be appropriate to overcome future challenges to the innovation, competitiveness, and supply chain integrity of the United States in the field of microelectronics.(B)Fostering coordination of research and developmentThe Subcommittee shall coordinate microelectronics related research, development, manufacturing, and supply chain security activities and budgets of Federal agencies and ensure such activities are consistent with the strategy required under subparagraph (A).(C)Reporting and updates(i)Progress briefingNot later than one year after the date of the enactment of this Act, the President shall provide to the appropriate committees of Congress a briefing on the progress of the Subcommittee in developing the strategy required under subparagraph (A).(ii)Strategy updateNot less frequently than once every 5 years, the Subcommittee shall update the strategy developed under subparagraph (A) and submit the revised strategy to the appropriate committees of Congress.(4)SunsetThe Subcommittee shall terminate on the date that is 10 years after the date of the enactment of this Act.(b)Industrial advisory committee(1)EstablishmentThe Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of Energy, and the Secretary of Homeland Security, shall establish an advisory committee to be composed of not fewer than 12 members, including representatives of industry, Federal laboratories, and academic institutions, who are qualified to provide advice to the United States Government on matters relating to microelectronics research, development, manufacturing, and policy.(2)DutiesThe advisory committee shall assess and provide guidance to the United States Government on—(A)science and technology needs of the Nation’s domestic microelectronics industry;(B)the extent to which the strategy developed under subsection (a)(3) is helping maintain United States leadership in microelectronics manufacturing;(C)assessment of the research and development programs and activities authorized under this section; and(D)opportunities for new public-private partnerships to advance microelectronics research, development, and domestic manufacturing.(3)FACA ExemptionSection 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee established under this subsection. (c)National semiconductor technology center(1)EstablishmentSubject to the availability of appropriations for such purpose, the Secretary of Commerce, in collaboration with the Secretary of Defense, shall establish a national semiconductor technology center to conduct research and prototyping of advanced semiconductor technology to strengthen the economic competitiveness and security of the domestic supply chain. Such center shall be operated as a public private-sector consortium with participation from the private sector, the Department of Energy, and the National Science Foundation.(2)FunctionsThe functions of the center established under paragraph (1) shall be as follows:(A)To conduct advanced semiconductor manufacturing, design and packaging research, and prototyping that strengthens the entire domestic ecosystem and is aligned with the strategy required under subsection (a)(3)(A) with emphasis on the following:(i)Semiconductor advanced test, assembly, and packaging capability in the domestic ecosystem.(ii)Materials characterization, instrumentation and testing for next generation microelectronics.(iii)Virtualization and automation of maintenance of semiconductor machinery.(iv)Metrology for security and supply chain verification.(B)To establish an investment fund, in partnership with the private sector, to support startups and collaborations between startups, academia, established companies, and new ventures, with the goal of commercializing innovations that contribute to the domestic semiconductor ecosystem, including—(i)advanced metrology and characterization for manufacturing of microchips using 3 nanometer transistor processes or more advanced processes; and(ii)metrology for security and supply chain verification.(C)To work with the Secretary of Labor, the Director of the National Science Foundation, the Secretary of Energy, the private sector, institutions of higher education, and workforce training entities to incentivize and expand participation in graduate and undergraduate programs, and develop workforce training programs and apprenticeships, in advanced microelectronic design, research, fabrication, and packaging capabilities.(d)National advanced packaging manufacturing programSubject to the availability of appropriations for such purpose, the Secretary of Commerce shall establish a National Advanced Packaging Manufacturing Program led by the Director of the National Institute of Standards and Technology, in coordination with the national semiconductor technology center established under subsection (c), to strengthen semiconductor advanced test, assembly, and packaging capability in the domestic ecosystem, and which shall coordinate with the Manufacturing USA institute established under subsection (f), if applicable.(e)Microelectronics research at the National Institute of Standards and TechnologySubject to the availability of appropriations for such purpose, the Director of the National Institute of Standards and Technology shall carry out a microelectronics research program to enable advances and breakthroughs in measurement science, standards, material characterization, instrumentation, testing, and manufacturing capabilities that will accelerate the underlying research and development for metrology of next generation microelectronics and ensure the competitiveness and leadership of the United States within this sector.(f)Creation of a manufacturing USA instituteSubject to the availability of appropriations for such purpose, the Director of the National Institute of Standards and Technology may establish a Manufacturing USA institute described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)) that is focused on semiconductor manufacturing. Such institute may emphasize the following:(1)Research to support the virtualization and automation of maintenance of semiconductor machinery.(2)Development of new advanced test, assembly, and packaging capabilities.(3)Developing and deploying educational and skills training curricula needed to support the industry sector and ensure the United States can build and maintain a trusted and predictable talent pipeline.(g)Domestic production requirementsThe head of any executive agency receiving funding under this section shall develop policies to require domestic production, to the extent possible, for any intellectual property resulting from microelectronics research and development conducted as a result of such funding and domestic control requirements to protect any such intellectual property from foreign adversaries.8.Prohibition relating to foreign entities of concernNone of the funds authorized to be appropriated to carry out this Act may be provided to a foreign entity of concern.9.Defense Production Act of 1950 efforts(a)In generalNot later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on a plan of action for any use of authorities available in title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish or enhance a domestic production capability for microelectronics technologies and related technologies, subject to—(1)the availability of appropriations for that purpose; and(2)a determination made under the plan pursuant to such title III that such technologies are essential to the national defense and that domestic industrial capabilities are insufficient to meet these needs.(b)CoordinationThe President shall develop the plan of action required by subsection (a) in consultation with any relevant head of a Federal agency, an advisory committee established under section 708(d) of the Defense Production Act of 1950 (50 U.S.C. 4558(d)), and appropriate stakeholders in the private sector.


113 HR 3617 IH: LEARN Act
U.S. House of Representatives
2013-11-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
113th CONGRESS
1st Session
H. R. 3617
IN THE HOUSE OF REPRESENTATIVES

November 21, 2013
Mr. Schneider (for himself and Mr. McKinley) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To authorize a national grant program for on-the-job training.

1.Short titleThis Act may be cited as the Learning, Educating, Achieving, and Retraining for the Nation Act or the LEARN Act.
2.On-The-Job Training
(a)In generalSubtitle D of title I of the Workforce Investment Act of 1998 is amended by inserting after section 173A (29 U.S.C. 2918a) the following:

173B.On-The-Job Training
(a)DefinitionIn this section, the term federally recognized tribal organization means an entity described in section 166(c)(1).
(b)GrantsFrom the amount made available under subsection (h), and subject to subsection (d)—
(1)the Secretary shall make grants on a discretionary basis to States, local boards, and federally recognized tribal organizations, for adult on-the-job training, or dislocated worker on-the-job training, carried out under section 134 and for State functions described in subsection (f); and
(2)using an amount that is not more than 10 percent of the funds made available under subsection (h), the Secretary shall make grants to States, local boards, and federally recognized tribal organizations for developing on-the-job training programs, including providing capacity building activities for local staff who will be engaged in the development of the programs, in consultation with the Secretary.
(c)ApplicationTo be eligible to receive a grant under subsection (b), a State, local board, or federally recognized tribal organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In preparing such an application for a grant under subsection (b)(1), a local board shall consult with the corresponding State.
(d)Reimbursement of wage ratesNotwithstanding the limitation in section 101(31)(B), in making the grants described in subsection (b)(1) the Secretary may allow for higher levels of reimbursement of wage rates the Secretary determines are appropriate based on factors such as—
(1)employer size, in order to facilitate the participation of small- and medium-sized employers;
(2)target populations, in order to enhance job creation for persons with barriers to employment; and
(3)the number of employees that will participate in the on-the-job training, the wage and benefit levels of the employees (before the training and anticipated on completion of the training), the relationship of the training to the competitiveness of the employer and employees, and the existence of other employer-provided training and advancement opportunities.
(e)Administration by SecretaryThe Secretary may use an amount that is not more than 1 percent of the funds made available under subsection (h) for the administration, management, and oversight of the programs, activities, and grants, funded under subsection (b), including the evaluation of, and dissemination of information on lessons learned through, the use of such funds.
(f)State oversight and monitoringA local board that receives a grant under subsection (b)(1) and is located in a State, shall provide not less than 5 percent of the grant funds to the State for State functions described in sections 136(f), 184, and 185.
(g)Rule of constructionNothing in this section shall be construed to affect the manner in which subtitle B is implemented, for activities funded through amounts appropriated under section 137.
(h)Authorization of appropriationsThere is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each subsequent fiscal year..
(b)Table of contentsThe table of contents in section 1(b) of the Workforce Investment Act of 1998 is amended by inserting after the item relating to section 173A the following:

Sec. 173B. On-the-job training..


109 HR 146 IH: To establish a grant program to support broadband-based economic development efforts.
U.S. House of Representatives
2005-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 146
IN THE HOUSE OF REPRESENTATIVES

January 4, 2005
Mr. McHugh introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To establish a grant program to support broadband-based economic development efforts.

1.Grants for broadband-based economic development
(a)In generalTitle II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding at the end the following:

219.Grants for broadband-based economic development
(a)DefinitionsIn this section, the following definitions apply:
(1)Eligible applicantThe term eligible applicant means—
(A)a State or local government;
(B)an institution of higher education; or
(C)a nonprofit economic development organization.
(2)RegionThe term region means an area—
(A)that is determined by the Secretary to qualify for grants under this section; and
(B)that, on the date of submission of an application for a grant under this section, meets 1 or more of the criteria described in section 301(a).
(b)GrantsOn the application of an eligible applicant, the Secretary may make grants—
(1)to assess the telecommunications infrastructure of a region;
(2)to assess the telecommunications demand in a region; and
(3)to organize programs to boost the supply of high-speed telecommunications to a region, including demand aggregation programs.
(c)Criteria for grantThe Secretary may make a grant under this section only if the Secretary determines that the project proposed to be carried out using funds from the grant will advance high-speed telecommunications in an area with a population of not more than 1,000,000 individuals, as determined by the Office of Management and Budget.
(d)Maximum assistance for each regionNot more than $1,000,000 of the amounts made available to carry out this section may be expended in any 1 region.
(e)Cost sharing
(1)In generalThe Federal share of the cost of a project carried out using funds made available under this section shall be 50 percent.
(2)In-kind contributionsNot more than 50 percent of the non-Federal share of the cost of a project carried out using funds made available under this section may be provided through in-kind contributions.
(3)Inapplicability of certain sectionSection 204 shall not apply to this section.
(f)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $50,000,000. Such funds shall remain available until expended..
(b)Conforming amendmentThe table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 note) is amended by inserting after the item relating to section 218 the following:

Sec. 219. Grants for broadband-based economic development.


115 HR 6740 : Border Tunnel Task Force Act
U.S. House of Representatives
2018-09-26
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
		115th CONGRESS2d Session
		H. R. 6740
		IN THE SENATE OF THE UNITED STATES
		September 26, 2018Received; read twice and referred to the Committee on Homeland Security and Governmental AffairsAN ACT
		To amend the Homeland Security Act of 2002 to establish Border Tunnel Task Forces, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Border Tunnel Task Force Act. 2.Border tunnel detection (a)In generalSubtitle B of title IV of the Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by adding at the end the following new section:

					420.Border Tunnel Task Forces
 (a)EstablishmentThe Secretary shall establish Border Tunnel Task Forces in jurisdictions in which such Border Tunnel Task Forces can contribute to border security missions after evaluating—
 (1)whether the areas in which such Border Tunnel Task Forces would be established are significantly impacted by cross-border threats; and
 (2)the availability of Federal, State, local, and Tribal law enforcement resources to participate in such Border Tunnel Task Forces.
 (b)PurposeThe purpose of the Border Tunnel Task Forces under subsection (a) is to enhance and integrate border security efforts by addressing and reducing cross-border tunnel related threats and violence by—
 (1)facilitating collaboration among Federal, State, local, and Tribal law enforcement agencies to execute coordinated activities in furtherance of border security and homeland security; and
 (2)enhancing information-sharing, including the dissemination of homeland security information, among such agencies.
 (c)Composition and establishment of Border Tunnel Task ForcesBorder Tunnel Task Forces may be comprised of the following: (1)Personnel from U.S. Customs and Border Protection, including the U.S. Border Patrol.
 (2)Personnel from U.S. Immigration and Customs Enforcement, including Homeland Security Investigations.
 (3)Personnel from other Department components and offices, as appropriate. (4)Personnel from other Federal, State, local, and Tribal law enforcement agencies, as appropriate.
 (5)Other appropriate personnel at the discretion of the Secretary. (d)Duplication of effortsIn determining whether to establish a new Border Tunnel Task Force or to expand an existing Border Tunnel Task Force in a given jurisdiction, the Secretary shall ensure that the Border Tunnel Task Force under consideration does not unnecessarily duplicate the efforts of other existing interagency task forces or centers within such jurisdiction.
 (e)Coordination among componentsThe Secretary shall— (1)establish targets and performance measures for the Border Tunnel Task Forces that include consideration of whether border barriers impact cross-border tunnel threats;
 (2)direct leadership of each Border Tunnel Task Force to monitor progress on such targets and performance measures for each such task force; and
 (3)periodically report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding progress on such targets and performance measures..
 (b)Clerical amendmentThe table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 419 the following new item:

						Sec. 420. Border Tunnel Task Forces..

	Passed the House of Representatives September 25, 2018.Karen L. Haas,Clerk.


114 S2790 IS: Financial Institution Customer Protection Act of 2016
U.S. Senate
2016-04-13
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.

II114th CONGRESS2d SessionS. 2790IN THE SENATE OF THE UNITED STATESApril 13, 2016Mr. Lee (for Mr. Cruz (for himself, Mr. Lee, Mr. Crapo, and Mr. Cornyn)) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo provide requirements for the appropriate Federal banking agencies when requesting or ordering a
			 depository institution to terminate a specific customer account, to
			 provide for additional requirements related to subpoenas issued under the
			 Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Financial Institution Customer Protection Act of 2016. 2.Requirements for deposit account termination requests and orders (a)DefinitionsIn this section—
 (1)the term appropriate Federal banking agency— (A)has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and
 (B)in the case of an insured credit union, means the National Credit Union Administration; (2)the term depository institution—
 (A)has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and
 (B)includes an insured credit union; and (3)the term insured credit union has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
				(b)Termination requests or orders must be material
 (1)In generalThe appropriate Federal banking agency may not formally or informally request or order a depository institution to terminate a specific customer account or group of customer accounts or to otherwise restrict or discourage a depository institution from entering into or maintaining a banking relationship with a specific customer or group of customers unless—
 (A)the agency has a material reason for the request or order; and (B)that reason is not based solely on reputation risk to the depository institution.
 (2)Treatment of national security threatsThe appropriate Federal banking agency shall satisfy the requirement under paragraph (1) if the agency believes a specific customer or group of customers is, or is acting as a conduit for, an entity which—
 (A)poses a threat to national security; (B)is involved in terrorist financing;
 (C)is an agency of the Government of Iran, North Korea, Syria, or any country listed from time to time on the state sponsor of terrorism list;
 (D)is located in, or is subject to the jurisdiction of, any country described in subparagraph (C); or (E)does business with any entity described in subparagraph (C) or (D), unless the appropriate Federal banking agency determines that the customer or group of customers has used due diligence to avoid doing business with any entity described in subparagraph (C) or (D).
					(c)Notice requirement
 (1)In generalIf the appropriate Federal banking agency formally or informally requests or orders a depository institution to terminate a specific customer account or a group of customer accounts, the agency shall—
 (A)provide the request or order to the institution in writing; and (B)include with the request or order a written justification for why the termination is necessary, including any specific laws or regulations, if any, the agency believes that the customer or group of customers are violating.
 (2)Justification requirementA written justification under paragraph (1)(B) may not be based solely on the reputation risk to the depository institution.
				(d)Customer notice
 (1)Notice requiredExcept as provided under paragraph (2), if the appropriate Federal banking agency orders a depository institution to terminate a specific customer account or a group of customer accounts, the depository institution shall inform the customer or customers of the justification for the termination of the account or accounts under subsection (c)(1)(B).
 (2)Notice prohibited in cases of national securityIf the appropriate Federal banking agency requests or orders a depository institution to terminate a specific customer account or a group of customer accounts based on a belief that the customer or customers pose a threat to national security, or are otherwise described in subsection (b)(2), neither the depository institution nor the appropriate Federal banking agency may inform the customer or customers of the justification for the termination of the account or accounts.
 (e)Reporting requirementEach appropriate Federal banking agency shall issue an annual report to Congress stating— (1)the aggregate number of specific customer accounts that the agency requested or ordered a depository institution to terminate during the 1-year period preceding the issuance of the report;
 (2)the legal authority on which the agency relied in making the requests and orders described in paragraph (1); and
 (3)the frequency with which the agency relied on each authority described in paragraph (2).
 3.Amendments to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989Section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833a) is amended—
 (1)in subsection (c)(2), by striking affecting a federally insured financial institution and inserting against a federally insured financial institution or by a federally insured financial institution against an unaffiliated third person; and
 (2)in subsection (g)— (A)in the subsection heading, by striking subpoenas and inserting investigations; and
 (B)by amending paragraph (1)(C) to read as follows:  (C)summon witnesses and require the production of any books, papers, correspondence, memoranda, or other records which the Attorney General deems relevant or material to the inquiry, if the Attorney General—
 (i)requests a court order from a court of competent jurisdiction for such actions and offers specific and articulable facts showing that there are reasonable grounds to believe that the information or testimony sought is relevant and material for conducting an investigation under this section; or
 (ii)either personally or through delegation no lower than the Deputy Attorney General, issues and signs a subpoena for such actions and such subpoena is supported by specific and articulable facts showing that there are reasonable grounds to believe that the information or testimony sought is relevant for conducting an investigation under this section..


110 HR 4619 IH: To extend the temporary suspension of duty on

U.S. House of Representatives
2007-12-13
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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. 4619
		IN THE HOUSE OF REPRESENTATIVES

			December 13, 2007
			Mr. English of
			 Pennsylvania introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the temporary suspension of duty on
		  10,10′-Oxybisphenoxarsine.

		1.10,10′-Oxybisphenoxarsine
			(a)In
			 generalHeading 9902.02.29 of
			 the Harmonized Tariff Schedule of the United States is amended by striking
			 12/31/2009 and inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies with respect to goods entered, or withdrawn from
			 warehouse for consumption, on or after the 15th day after the date of the
			 enactment of this Act.


115 HR 7202 IH: RTP Full Funding Act of 2018
U.S. House of Representatives
2018-11-29
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 7202IN THE HOUSE OF REPRESENTATIVESNovember 29, 2018Mr. Welch (for himself and Mr. Simpson) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, 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 concernedA BILLTo require a study to determine the best available estimate of the total amount of nonhighway
			 recreational fuel taxes received by the Secretary of the Treasury.

 1.Short titleThis Act may be cited as the RTP Full Funding Act of 2018. 2.FindingsCongress finds that—
 (1)the recreational trails program under section 206 of title 23, United States Code— (A)helps develop and maintain valuable trail infrastructure across the United States;
 (B)benefits millions of diverse trail users, including users who participate in hiking, bicycling, in-line skating, equestrian use, cross-country skiing, snowmobiling, off-road motorcycling, all-terrain vehicle riding, 4-wheel driving, and other off-road motorized vehicle use; and
				(C)
 (i)embraces the user-pay-user-benefit model of the Highway Trust Fund; and (ii)is funded by a Federal tax on fuel used for nonhighway recreation;
 (2)to ensure that Federal taxes collected from nonhighway recreation are appropriately returned to the States for the recreational trails program, an accurate estimate of the total amount of nonhighway fuel taxes collected is necessary; and
 (3)an accurate study to produce a best available estimate of the total amount of nonhighway recreational fuel taxes received by the Secretary of the Treasury will help inform Congress in continuing to authorize the recreational trails program.
 3.DefinitionsIn this Act: (1)AdministratorThe term Administrator means the Administrator of the Federal Highway Administration.
 (2)Highway Trust FundThe term Highway Trust Fund means the Highway Trust Fund established by section 9503(a) of the Internal Revenue Code of 1986. (3)Nonhighway recreational fuel taxesThe term nonhighway recreational fuel taxes means taxes under section 4041 and 4081 of the Internal Revenue Code of 1986 with respect to fuel used in vehicles on recreational trails or back country terrain (including vehicles registered for highway use when used on recreational trails, trail access roads not eligible for funding under title 23, United States Code, or back country terrain).
 (4)Recreational trails programThe term recreational trails program means the recreational trails program under section 206 of title 23, United States Code. (5)SecretaryThe term Secretary means the Secretary of Transportation.
			4.Nonhighway recreational fuel study
			(a)Assessment; report
 (1)AssessmentNot later than 1 year after the date of enactment of this Act and not less frequently than once every 5 years thereafter, as determined by the Secretary, the Secretary shall carry out an assessment of the best available estimate of the total amount of nonhighway recreational fuel taxes received by the Secretary of the Treasury and transferred to the Highway Trust Fund for the period covered by the assessment.
 (2)ReportAfter carrying out each assessment under paragraph (1), the Secretary shall submit to the Committees on Finance and Environment and Public Works of the Senate and the Committees on Ways and Means and Transportation and Infrastructure of the House of Representatives a report that includes—
 (A)a description of the results of the assessment; (B)an evaluation of whether the current recreational trails program funding level of each participating State accurately reflects the apportionment criteria described in section 133(h)(5) of title 23, United States Code; and
 (C)in the case of the first report submitted under this paragraph, an estimate of the frequency with which the Secretary anticipates carrying out the assessment under paragraph (1), subject to the condition that such an assessment shall be carried out not less frequently than once every 5 years.
 (b)ConsultationIn carrying out an assessment under subsection (a)(1), the Secretary may consult with, as the Secretary determines to be appropriate—
 (1)the heads of— (A)State agencies designated by Governors pursuant to section 206(c)(1) of title 23, United States Code, to administer the recreational trails program; and
 (B)division offices of the Department of Transportation; (2)the Secretary of the Treasury;
 (3)the Administrator; and (4)groups representing recreational activities and interests, including hiking, biking and mountain biking, horseback riding, water trails, snowshoeing, cross-country skiing, snowmobiling, off-highway motorcycling, all-terrain vehicles and other offroad motorized vehicle activities, and recreational trail advocates.
				(c)Funding
 (1)In generalFor the first fiscal year beginning after the date of enactment of this Act, the Secretary shall set aside from funds available to the Secretary to carry out the recreational trails program and not otherwise obligated an amount not greater than $3,000,000 to conduct the assessment under subsection (a)(1).
 (2)ReservationThe amount set aside under this subsection shall be proportionately reserved from the apportionment to each State participating in the recreational trails program during that fiscal year, after making any reallocation to participating States, as described in section 133(h)(1)(B) of title 23, United States Code.
				5.Reporting
 (a)Establishment of new financial management information system codesThe Administrator shall establish financial management information system codes for each of the following:
 (1)Nonmotorized single use project. (2)Nonmotorized diverse use project.
 (3)Diverse use project including both motorized and nonmotorized uses. (4)Motorized single use project.
 (5)Motorized diverse use project. (b)State reports (1)In generalExcept as provided in paragraph (2), not less frequently than annually, each State that carries out projects under the recreational trails program shall submit to the Administrator a report describing the expenditures relating to those projects, as listed—
 (A)based on each code described in subsection (a); and (B)relating to projects for the State on Federal land.
 (2)ExemptionParagraph (1) shall not apply to a State that is described in section 206(d)(3)(B) of title 23, United States Code.
 (c)AssessmentNot less frequently than annually, the Administrator shall— (1)carry out an assessment of State expenditures on recreational trails projects under subsection (b); and
 (2)submit to Congress a report that describes the results of the assessment. 6.STP set-asideSection 133(h)(1) of title 23, United States Code, is amended—
 (1)in subparagraph (B)— (A)in the matter preceding clause (i), by striking subparagraph (A) and inserting clause (i);
 (B)in clause (i), by striking section 133(d)(2) and inserting subsection (d)(2); and (C)in clause (ii), by striking the period at the end and inserting ; and;
 (2)in each of subparagraphs (A) and (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting the subclauses appropriately;
 (3)by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately;
 (4)in the matter preceding clause (i) (as so redesignated), by striking shall reserve an amount such that— and inserting the following:  shall reserve—(A)an amount such that—; and (5)by adding at the end the following:

 (B)for administrative, research, technical assistance, and training expenses (including the costs of entering into cooperative agreements with other Federal departments or agencies, institutions of higher education, or nonprofit organizations to carry out such an activity) for the recreational trails program under section 206, an amount equal to 1 percent of the amount apportioned to carry out that program, which reservation shall be made before making any apportionment under paragraph (5) to a State..


116 SRES 661 ATS: Recognizing the importance of independent living for individuals with disabilities made possible by the Americans with Disabilities Act of 1990 and calling for further action to strengthen home and community living for individuals with disabilities.
U.S. Senate
2020-07-28
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EN
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III116th CONGRESS2d SessionS. RES. 661IN THE SENATE OF THE UNITED STATESJuly 28, 2020Mr. Casey (for himself, Mr. Brown, Mr. Markey, Ms. Cantwell, Ms. Baldwin, Mr. Kaine, Mr. Blumenthal, Ms. Warren, Mrs. Murray, Mrs. Feinstein, Mr. Reed, Mr. Booker, Mr. Whitehouse, Mr. Jones, Mr. Van Hollen, Ms. Harris, Mr. Schumer, Mr. Menendez, Mr. Coons, Ms. Hirono, Mr. Merkley, Ms. Klobuchar, Mr. Wyden, Mr. Leahy, Ms. Hassan, Ms. Duckworth, Mr. Cardin, Mr. Sanders, Ms. Stabenow, Mr. Murphy, Ms. Smith, Mr. Carper, Mr. Manchin, and Mrs. Gillibrand) submitted the following resolution; which was considered and agreed toRESOLUTIONRecognizing the importance of independent living for individuals with disabilities made possible by the Americans with Disabilities Act of 1990 and calling for further action to strengthen home and community living for individuals with disabilities.Whereas, in enacting the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), Congress recognized that historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;Whereas the Americans with Disabilities Act of 1990 recognized the rights of individuals with disabilities to fully participate in their communities through independent living, equality of opportunity, and economic self-sufficiency;Whereas, 30 years after the enactment of the Americans with Disabilities Act of 1990 and 21 years after the decision of the Supreme Court of the United States in Olmstead v. L.C., 527 U.S. 581 (1999), many individuals with disabilities continue to live in segregated institutional settings because of a lack of support services;Whereas continued instances of segregated institutional settings have hindered the inclusion of individuals with disabilities in communities, schools, and workplaces, undermining the promise of the Americans with Disabilities Act of 1990;Whereas people of color with disabilities experience disproportionately greater barriers to service and access;Whereas, 30 years after the enactment of the Americans with Disabilities Act of 1990, some telecommunication, electronic, and information technologies continue to be developed without the goal of full accessibility and inclusion for all people of the United States; andWhereas, 30 years after the enactment of the Americans with Disabilities Act of 1990, many businesses, public and private organizations, transportation systems, and services are still not accessible to all individuals with disabilities: Now, therefore, be itThat the Senate—(1)recognizes the importance of independent living for individuals with disabilities made possible by the enactment of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);(2)encourages all people of the United States to celebrate the advancement of inclusion and equality of opportunity made possible by the enactment of the Americans with Disabilities Act of 1990;(3)pledges to continue to work on a bipartisan basis to identify and address the remaining barriers that undermine the national goals of equality of opportunity, independent living, economic self-sufficiency, and full participation for individuals with disabilities, including by focusing on individuals with disabilities that remain segregated in institutions;(4)pledges to work with States to improve access to home- and community-based services for individuals with disabilities; and(5)calls on the Department of Health and Human Services to provide information, resources, and technical assistance regarding home- and community-based services and supports that enable individuals with disabilities to live independently.