109 HR 4266 IH: Housing Opportunities and Mitigating Emergencies Act of 2005
U.S. House of Representatives
2005-11-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 4266
IN THE HOUSE OF REPRESENTATIVES

November 9, 2005
Mr. Pickering (for himself, Mr. Taylor of Mississippi, Mr. Wicker, Mr. Jindal, Mr. Alexander, Mr. Bonner, Mr. Boustany, and Mr. McCrery) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide temporary emergency assistance for primary residences damaged or destroyed by Hurricanes Katrina and Rita.

1.Short titleThis Act may be cited as the Housing Opportunities and Mitigating Emergencies Act of 2005.
2.FindingsCongress finds the following:
(1)The Gulf Coast region of the United States was recently decimated by twin natural disasters: Hurricanes Katrina and Rita.
(2)Hurricane Katrina crashed into the Gulf Coast on August 29, 2005, as a category 4 storm.
(3)At the time of its landing, Hurricane Katrina was recorded as the third strongest hurricane to ever make landfall on the United States, with sustained winds over 140 miles per hour.
(4)The damage and destruction caused by Hurricane Katrina along the coastal regions of Louisiana, Mississippi, and Alabama were unmatched in their breadth and scope.
(5)A 10- to 30-foot storm surge came ashore on over 200 continuous miles of coastline from southeast Louisiana, including Mississippi and Alabama, through to the Florida panhandle.
(6)The 30-foot storm surge recorded at Biloxi, Mississippi, is the highest ever observed in the United States.
(7)Hurricane Katrina’s storm surge quickly breached the levee system that protected the city of New Orleans from Lake Pontchartrain and the Mississippi River, subsequently flooding at least 80 percent of the city.
(8)The magnitude of Hurricane Katrina was of such an unprecedented scale that the Federal disaster declarations which followed its destructive path blanketed over 90,000 square miles of the United States, an area almost as large as the United Kingdom, displacing more than 1,000,000 people—a humanitarian crisis on a scale unseen in the United States since the Great Depression.
(9)The storm has now become the most destructive and costliest natural disaster in the history of the United States, resulting in over 1,300 deaths and estimated damage between $70,000,000,000 and $130,000,000,000.
(10)Less than one month later, on September 24, 2005, the region was battered again, this time by the strongest-measured hurricane to ever have entered the Gulf of Mexico—Hurricane Rita.
(11)Hurricane Rita came ashore between Texas and Louisiana as a category 3 hurricane, packing winds up to 120 miles per hour and a storm surge of 10 feet.
(12)A day prior to landfall, the resultant storm surge also reopened some of the levee breaches caused by Hurricane Katrina a month earlier and re-flooded parts of New Orleans.
(13)Local storm surges of 15 to 20 feet in southwestern Louisiana were reported, and damage was extensive in coastal parishes.
(14)Thousands of residents and families in the effected States, who lived outside the 100-year flood plain and were told they did not need flood insurance, suffered significant damage to their homes and in many cases total losses.
(15)These families are currently without any type of permanent shelter or any means by which to acquire such shelter or otherwise make themselves whole, thus crippling the Gulf Coast region and its economy.
(16)Because of the unprecedented magnitude of the storm and the impact that the devastation of such a large region will have on the United States as a whole, the Federal Government should play a role in providing emergency assistance to these families to help them rebuild and get on with their lives.
3.Temporary emergency assistance for primary residences damaged or destroyed by Hurricanes Katrina and RitaTitle IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following:

425.Temporary emergency assistance for primary residences damaged or destroyed by Hurricanes Katrina and Rita
(a)In GeneralThe Director shall provide emergency assistance to owners of eligible structures in accordance with this section.
(b)ApplicationThe Director shall provide for owners of eligible structures to submit applications for assistance under this section in such form, containing such information, and in accordance with such procedures, as the Director may require.
(c)Use of funds; scope of coverage
(1)In generalThe amount of any assistance under this section provided to an owner of an eligible structure in a covered disaster area of a State may be used only for paying—
(A)the costs of repair, reconstruction, or replacement of such structure or construction or purchase of any other structure (including a manufactured home) to be used as the primary residence of the owner in the covered disaster area of such State; or
(B)the amount remaining to be paid by the owner on the mortgage of the eligible structure.
(2)Replacement cost
(A)In generalSubject to subsection (d), the amount of any assistance provided under this section shall be based on the replacement cost necessary for repair, reconstruction, or replacement of the eligible structure to its original specifications and standards prior to—
(i)August 29, 2005, in the case of a structure damaged by flooding resulting from Hurricane Katrina; or
(ii)September 23, 2005, in the case of a structure damaged by flooding resulting from Hurricane Rita.Such costs shall include adjustments as necessary for compliance with the requirements of subsection (e)(1)(B).
(B)DocumentationAn owner of an eligible structure applying for assistance under paragraph (1) shall submit to the Director documentation and such other evidence (including a report completed by a State-licensed, nationally-certified home inspector) as the Director may require to establish the replacement cost of the eligible structure under subparagraph (A).
(d) Cost sharing
(1)Federal shareSubject to subsection (f) and paragraph (2), the Federal share of the cost of assistance provided under this section for an eligible structure that the Director shall pay to the owner of the eligible structure shall be 80 percent of the replacement cost of the eligible structure as determined under subsection (c)(2).
(2)Maximum amountThe maximum amount of assistance that may be provided to an owner of an eligible structure under this section for such structure may not exceed $150,000.
(3)Optional state shareIf the owner of an eligible structure in a State is provided assistance under this section, the State may provide to the owner 10 percent of the replacement cost of the eligible structure as determined under subsection (c)(2), but not to exceed $15,000.
(e)Requirements regarding future flood insurance coverage and mitigation actions
(1)In generalThe Director may not provide assistance under this section for an eligible structure unless—
(A)the owner of the property upon which the eligible structure is located has entered into a legally binding agreement with the Director, including such deed restrictions as the Director considers appropriate, to ensure that such owner, and any future owners, will at all times after such assistance is provided under this section with respect to the property, purchase and maintain flood insurance, in perpetuity, for any structures located at any time on the same property on which, at the time of purchase, such eligible structure is located, in an amount at least equal to the lesser of—
(i)the value of the structure, as determined by the Director; or
(ii) the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Program, if such coverage is available; and
(B)the owner of the property certifies to the Director that any structure constructed, repaired, or reconstructed with such assistance will be constructed, repaired, or reconstructed in accordance with—
(i)standards established by the International Code Council in effect at the time the building permit is issued by the local government to the owner of the eligible structure; and
(ii)any final flood elevations or flood maps in effect for purposes of the National Flood Insurance Program at the time the building permit is issued by the local government to the owner of the eligible structure and any advisory flood elevations or advisory flood insurance rate maps issued by the Director for purposes of such program before such building permit is issued.
(2)Waiver authorityThe Director may waive the requirements of paragraph (1)(B) with respect to the repair of an eligible structure if the Director determines that the cost of compliance with such requirements by the owner in repairing the eligible structure outweigh the benefit derived from such compliance pursuant to a substantial damage analysis.
(f) Prohibition on duplicative benefits in excess of replacement costsNotwithstanding section 312, the Director shall assure that no owner of an eligible structure will receive assistance under this section that, when combined with other financial assistance received by the owner under any program, including section 404 or 408, or from insurance or any other source for the purpose of repair, reconstruction, or replacement of the eligible structure, is in excess of the replacement cost of the eligible structure as determined under subsection (c)(2). Before receipt of any assistance for which an owner is eligible under this section for an eligible structure, the owner shall enter into a legally binding agreement with the Director to repay any and all of such assistance that is in excess of the replacement cost of the eligible structure as determined under subsection (c)(2).
(g)Verification of use of funds and compliance
(1)Documentation; reportsWithin 6 months after the date on which an owner of an eligible structure receives assistance under this section, and every 6 months thereafter until all such assistance is accounted for, the owner shall submit to the Director—
(A)all receipts and documentation verifying the use of such assistance for the purpose for which it was provided; and
(B)reports completed by a State-licensed, nationally-certified home inspector verifying compliance by the owner with the requirements of subsection (e)(1)(B) if such requirements are not waived by the Director.
(2)EnforcementThe Director may suspend assistance under this section, and take any additional action which the Director deems appropriate, with respect to an owner of an eligible structure if the Director determines that the owner is not complying with paragraph (1).
(h)DefinitionsIn this section, the following definitions apply:
(1)Covered disaster areaThe term covered disaster area means an area—
(A)for which a major disaster was declared by the Director pursuant to title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act as a result of Hurricane Katrina or Hurricane Rita in 2005; and
(B)in which the sale of flood insurance coverage was available under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) as of—
(i)August 29, 2005, in the case of an area for which a declaration referred to in subparagraph (A) was made as a result of Hurricane Katrina; or
(ii)September 23, 2005, in the case of an area for which a declaration referred to in subparagraph (A) was made as a result of Hurricane Rita.
(2)Eligible structureThe term eligible structure means a structure (including a manufactured home) that—
(A)sustained damage or losses from flooding resulting from Hurricane Katrina or Hurricane Rita in 2005;
(B)is located in a covered disaster area;
(C)is a residential structure that was used as the primary residence of the owner of the structure as of—
(i) August 29, 2005, in the case of a structure damaged by flooding resulting from Hurricane Katrina; and
(ii)September 23, 2005, in the case of a structure damaged by flooding resulting from Hurricane Rita;
(D)was covered by an insurance policy for losses caused by wind or windstorm as of—
(i)August 29, 2005, in the case of a structure damaged by flooding resulting from Hurricane Katrina; and
(ii)September 23, 2005, in the case of a structure damaged by flooding resulting from Hurricane Rita;
(E)is of a type for which coverage was generally made available under the National Flood Insurance Program as of August 29, 2005; and
(F)is not located in an area that has been identified by the Director as an area having special flood hazards (as such term is used for purposes of section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)) as of August 29, 2005.
(3)DirectorThe term Director means the Director of the Federal Emergency Management Agency.
(i)TerminationThe Director may not provide any assistance under this section except pursuant to an application for such assistance submitted to the Director before the expiration of the 180-day period beginning on the date of the enactment of this section.
(j)RegulationsThe Director may issue any regulations necessary to carry out this section..
4.Hazard mitigation
(a)In generalSection 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended—
(1)in the first sentence by striking 75 and inserting 90; and
(2)in the last sentence by striking 7.5 and inserting 15.
(b)Property acquisition and relocation assistanceSection 404(b) of such Act (42 U.S.C. 5170c(b)) is amended by adding at the end the following:

(4)ReductionThe amount of any assistance that would otherwise be provided to an owner of an eligible structure under section 425(c)(1)(B) shall be reduced by the amount of assistance the owner receives for such structure under such section..
(c)ApplicabilityThe amendments made by subsections (a) and (b) shall apply with respect to a major disaster declared by the President on or after August 24, 2005.


116 S3028 IS: Partnerships for Affordability and Student Success Act
U.S. Senate
2019-12-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 3028IN THE SENATE OF THE UNITED STATESDecember 11, 2019Mr. Reed (for himself and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Higher Education Act of 1965 to strengthen Federal-State partnerships in postsecondary
			 education.

 1.Short titleThis Act may be cited as the Partnerships for Affordability and Student Success Act.
		2.State commitment
 to affordable college educationSection 137 of the Higher Education Act of 1965 (20 U.S.C. 1015f) is amended—
 (1)by striking subsection (a) and inserting the following:

					(a)Maintenance of
 effort requiredFor the academic year beginning on July 1, 2020, and for each of the 4 succeeding academic years, a State shall—
 (1)maintain State support for institutions of higher education (not including support for capital projects or research and development, or tuition and fees paid by students) at a level that is equal to or greater than the average level of such support for the 3 most recent academic years for which satisfactory data are available; and
 (2)maintain State support for student financial aid for paying costs associated with postsecondary education at a level that is equal to or greater than the average level of such support for the 3 most recent academic years for which satisfactory data are available.;
 (2)by striking subsection (c) and inserting the following:

					(c)Waiver
						(1)In
 generalThe Secretary shall waive the requirements of subsection (a) if the Secretary determines that such a waiver would be appropriate due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous decline in the financial resources of a State or State educational agency, as appropriate.
 (2)ConsultationThe Secretary shall consult with the States in developing the criteria and procedures for reviewing waiver requests.
 (3)TimelineNot later than 120 days after the date of enactment of the Partnerships for Affordability and Student Success Act, the Secretary shall publish the criteria and procedures for reviewing waiver requests under this subsection.;
				and
 (3)by striking subsection (d).
			3.Federal and
			 State partnerships for college access, affordability, and
 completionSubpart 4 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070c et seq.) is amended to read as follows:

				4Federal and State
				partnerships for college access, affordability, and completion
 415A.PurposeIt is the purpose of this subpart for the Secretary to make incentive grants to States to assist States in—
 (1)providing grants to eligible students attending institutions of higher education or participating in programs of study abroad that are approved for credit by institutions of higher education at which such students are enrolled;
 (2)reducing the cost of attendance at public institutions of higher education;
 (3)providing subgrants to eligible institutions or consortia of eligible institutions—
 (A)to improve student outcomes, such as completion and transfer rates, attainment of postsecondary degrees and credentials, and workforce outcomes for graduates; and
 (B)to develop and implement practices that result in reduced costs for students; and
 (4)providing public accountability and consumer information on the performance of institutions of higher education operating within the State.
						415B.State
				eligibility; eligible institutions
						(a)Incentive
 grantsThe Secretary shall award incentive grants, in accordance with the provisions of this subpart, to States to pay the Federal share of the cost of carrying out the activities described in paragraphs (1) through (3) of section 415A. The incentive grant shall consist of the allotment determined for the State under section 415C.
						(b)State
 eligibilityIn order to be eligible to receive an incentive grant under this subpart, a State shall enter into an agreement with the Secretary. The agreement shall contain the following assurances:
 (1)Federal funds received by the State under this subpart will supplement and not supplant other Federal and State funds otherwise available to carry out activities described in this subpart.
 (2)The State will maintain its commitment to affordable higher education as described in section 137.
 (3)The State will fulfill its role in program integrity under section 495.
 (4)The State or a State-designated entity has or will develop a comprehensive plan for public postsecondary education that addresses the following:
 (A)Measurable goals for student outcomes, including enrollment, completion, and attainment of postsecondary degrees and credentials.
 (B)Measurable goals for college affordability in the State.
 (C)Alignment of such plan with the economic development plans that the State may have, including the unified State plan submitted under section 102 of the Workforce Innovation and Opportunity Act.
 (D)Alignment of such plan with the elementary and secondary education plan for the State.
 (E)The postsecondary educational needs of unserved and underserved individuals within the State, including individuals beyond traditional college age and students attending part time.
 (5)The State provides for direct, equitable, and active participation by representatives of institutions of higher education, including the voluntary participation of private, nonprofit institutions of higher education, and other stakeholders in the comprehensive planning process.
							(c)Eligible
 institutionsIn this subpart, the term eligible institution means—
 (1)an institution of higher education, as defined in section 101(a);
 (2)an institution of higher education, as defined in section 101(a), in partnership with—
 (A)a nonprofit or community-based organization that has demonstrated success in improving student outcomes in postsecondary education; or
 (B)a local workforce investment board; or
 (3)a consortium of institutions of higher education, as defined in section 101(a).
							415C.Allotment
				among states
						(a)Allotment based
				on number of eligible students in attendance
 (1)In generalExcept as provided in subsection (b), from the sums appropriated under section 415H for a fiscal year, the Secretary shall allot to each eligible State for such fiscal year an amount equal to the sum of—
 (A)an amount that bears the same relationship to 50 percent of the amount appropriated under section 415H for such fiscal year as the number of residents in the State aged 5 through 17 who are living below the poverty line applicable to the resident’s family size (as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902)) bears to the total number of such residents in all States; and
 (B)an amount that bears the same relationship to 50 percent of the amount appropriated under section 415H for such fiscal year as the number of residents in the State aged 25 and older who have not attained a postsecondary degree or credential (as determined by the American Community Survey) bears to the total number of such residents in all States.
 (2)DataThe Secretary shall calculate such ratio based on data for the most recent year for which satisfactory data are available.
							(b)Minimum
 allotmentThe amount of any eligible State's allotment under subsection (a) for any fiscal year may not be less than 1 percent of the sums appropriated under section 415H for such year.
 (c)ReallotmentThe amount of any State’s allotment under subsection (a) for any fiscal year which the Secretary determines will not be required for such fiscal year for the Federal-State partnership program of that State shall be available for reallotment from time to time, on such dates during such year as the Secretary may fix, to other States in proportion to the original allotments to such States under such subsection for such year, but with such proportionate amount for any of such States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use for such year for carrying out the State plan. The total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced.
						(d)Allotments
 subject to complianceThe Secretary shall make payments for incentive grants under this subpart only to States that continue to meet the requirements of this subpart.
						415D.Applications
						(a)In
 generalIn order to receive an incentive grant under this subpart, the State agency with jurisdiction over higher education, or another agency or entity designated by the Governor or chief executive of the State to administer the program under this subpart, shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.
						(b)Content of
 applicationAn application submitted under subsection (a) shall contain—
 (1)a description of how grant funds will assist the State in meeting its goals for student outcomes, including enrollment, completion, and attainment of postsecondary degrees and credentials;
 (2)a description of how the grant funds will assist the State in meeting its goals for college affordability, including any measures to minimize tuition costs at public institutions of higher education and measures to increase the availability of need-based student aid;
 (3)a description of how grant funds will assist the State in meeting the postsecondary needs of underrepresented or underserved populations in the State, including individuals beyond traditional college age and students attending part time;
 (4)a description of how the State’s comprehensive plan for public higher education is aligned with the workforce and economic development plans of the State;
 (5)a description of the process the State will use to make subgrants to eligible institutions or consortia of eligible institutions;
 (6)a description of how the State will evaluate the effectiveness of such subgrants and how the State will disseminate information on promising practices developed as a result of such subgrants;
 (7)a description of how the State will make publicly available an annual report on the progress in meeting State goals for public postsecondary education; and
 (8)a description of the stakeholder consultation, including efforts to engage the voluntary participation of private, nonprofit institutions, carried out in the development of the application.
							(c)Approval
 (1)In generalAn application submitted under subsection (a) shall be subject to the approval of Secretary. (2)TimelineAn application submitted under subsection (a) shall be considered to be approved at the end of the 90-day period beginning on the day the application is submitted, unless the Secretary makes a written determination, during the 90-day period, that the application is inconsistent with the provisions of this subpart.
							415E.Payment of
				Federal share of grants
						(a)In
				general
 (1)DistributionA State awarded an incentive grant under this subpart—
 (A)shall use grant funds to award student grants; and
 (B)may use grant funds to award subgrants to eligible institutions.
								(2)Grants to
 studentsA State awarded an incentive grant under this subpart shall establish a program to award grants to students that complies with the following:
 (A)The program is administered by a single State agency.
 (B)The program provides that an institution of higher education that had a student who received funds under this subpart at any time beginning on July 1, 2010, through the day before the date of enactment of the Partnerships for Affordability and Student Success Act and that is eligible to participate in a program authorized under this title, shall be eligible to participate under this paragraph.
 (C)The program provides that such grants to students will be in amounts not to exceed the student’s cost of attendance per academic year for attendance at an institution of higher education. Such grants, in combination with other State or Federal student assistance, shall not exceed the student’s cost of attendance in any given academic year.
 (D)The program provides for the selection of grant recipients on the basis of substantial financial need determined under part F and by the State.
 (E)The program provides that if the State’s allotment under this subpart is based, in part, on the financial need demonstrated by students who are independent students or attending the institution less than full time, a reasonable proportion of the State’s allotment shall be made available to such students.
 (F)The program will notify students receiving grants under this subpart that such grants are Federal-State partnership grants and are funded by the Federal Government and the State.
								(3)Subgrants to
 eligible institutionsA State awarded an incentive grant under this subpart may establish a program to award subgrants to eligible institutions that complies with the following:
 (A)The program is administered by a single State agency.
 (B)The program provides for the selection of subgrant recipients based on criteria set by the State agency.
 (C)The program provides for subgrants that support activities that will assist the State in achieving—
 (i)the State’s measurable goals for student outcomes, including enrollment, completion, and attainment of postsecondary degrees and credentials;
 (ii)the State’s measurable goals for college affordability, including innovative methods for reducing costs; and
 (iii)improved workforce outcomes for graduates.
 (D)The program provides for public dissemination of the results of the subgrant activities.
								(4)Fiscal control;
 reportsA State awarded an incentive grant under this subpart shall provide—
 (A)for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid under this subpart; and
 (B)for the making of such reports, in such form and containing such information, as may be reasonably necessary to enable the Secretary to perform the Secretary's functions under this subpart.
								(b)Reservation and
				disbursement of allotments and reallotments
							(1)In
 generalUpon approval of an application for an incentive grant under this subpart, the Secretary shall reserve from the applicable allotment (including any applicable reallotment) available, the amount of such payment, which (subject to the limits of such allotment or reallotment) shall be equal to the Federal share of the cost of the grants to students or subgrants to eligible institutions or consortia of such institutions covered by such application.
 (2)PaymentThe Secretary shall pay such reserved amount, in advance or by way of reimbursement, and in such installments as the Secretary may determine.
 (3)AmendmentThe Secretary may amend the reservation of any amount under this subsection, either upon approval of an amendment of the application or upon revision of the estimated cost of the grants to students or subgrants to eligible institutions with respect to which such reservation was made. If the Secretary approves an upward revision of such estimated cost, the Secretary may reserve the Federal share of the added cost only from the applicable allotment (or reallotment) available at the time of such approval.
							(c)Federal
 shareThe Federal share of the cost of carrying out the activities described in paragraphs (1) through (3) of section 415A is equal to 66.66 percent.
						(d)Certain
				activities for which non-Federal share may be provided in cash or
			 in
 kindFor activities described in section 415A(2), the non-Federal share may be provided in cash or in kind, fairly evaluated.
 (e)ReportingA State that desires to receive payments for continuing incentive grants under this subpart shall report the following information to the Secretary on an annual basis:
 (1)The State's progress in meeting its goals for college affordability, including measures to minimize tuition increases at public institutions and measures to increase the availability of need-based student aid.
 (2)The State’s progress in meeting the postsecondary needs of underrepresented or underserved populations in the State.
 (3)A list of any subgrants made to eligible institutions.
 (4)The State’s annual report described in section 415F.
 415F.Annual reportsEach State that receives an allotment under this subpart shall report annually to the public on its progress in meeting its public postsecondary education goals and comprehensive plan for public higher education. Such report shall include—
 (1)information, as determined by the State in consultation with stakeholders, on student outcomes, including enrollment and completion rates, disaggregated by age, enrollment status, race, ethnicity, disability status, and socio-economic status;
 (2)information, as determined by the State in consultation with stakeholders, on workforce outcomes for graduates;
 (3)information on college costs, including tuition increases, student indebtedness, and the availability of need-based aid; and
 (4)information on the consumer complaints related to the performance of institutions of higher education reported to the State in the prior year.
						415G.Participation
				of private, nonprofit institutions of higher education
						(a)Voluntary
 participationA private, nonprofit institution of higher education may voluntarily elect to participate in a State's efforts under the plan described in section 415B(b)(4). A State—
 (1)shall not require any private, nonprofit institution to participate in such efforts; and
 (2)may require such an institution that voluntarily elects to participate in such efforts to provide appropriate information to allow the State to assess the institution's progress towards the goals and activities described in subparagraphs (A) through (E) of section 415B(b)(4).
							(b)Rule of
 constructionNothing in this subpart, including voluntary participation described in subsection (a), shall be construed to—
 (1)authorize the Secretary, a State, or an officer or employee of the Department or of a State to exercise any direction, supervision, or control over a private, nonprofit institution of higher education, including control over curriculum, program of instruction, administration, governance, personnel, articulation, the awarding of credit, graduation or degree requirements, or admissions; or
 (2)limit the application of the General Education Provisions Act.
 (c)EnforcementIf any State fails or refuses to comply with any provision of this section, the State shall no longer be eligible for assistance under this subpart.
						415H.Authorization
				of appropriations; reservations
						(a)In
 generalThere are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2021 and each of the 4 succeeding fiscal years.
 (b)ReservationNot less than 50 percent of funds allotted to a State under this subpart shall be reserved for providing grants to eligible students.
						(c)Reservation for
 consumer information and administrative expensesNot more than 8 percent of the funds allotted to a State may be used to provide public accountability and consumer information on the performance of institutions of higher education and for administering the grant..


109 HR 4487 IH: To extend the temporary suspension of duty on certain manufacturing equipment.
U.S. House of Representatives
2005-12-08
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.

I
109th CONGRESS
1st Session
H. R. 4487
IN THE HOUSE OF REPRESENTATIVES

December 8, 2005
Mr. Inglis of South Carolina introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To extend the temporary suspension of duty on certain manufacturing equipment.

1.Certain manufacturing equipment
(a)In generalHeading 9902.84.83 of the Harmonized Tariff Schedule of the United States (relating to certain manufacturing equipment) is amended by striking 12/31/2006 and inserting 12/31/2008.
(b)Effective dateThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.


115 HR 2694 IH: To amend the Servicemembers Civil Relief Act to enhance protections regarding voter registration, and for other purposes.
U.S. House of Representatives
2017-05-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2694IN THE HOUSE OF REPRESENTATIVESMay 25, 2017Mr. Issa (for himself, Mr. Chabot, Mr. Dent, Mr. Hensarling, Mrs. Brooks of Indiana, Mr. Banks of Indiana, Mr. Davidson, Mr. Dunn, and Mr. Peterson) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo amend the Servicemembers Civil Relief Act to enhance protections regarding voter registration, and for other purposes.
1.Voter registrationSection 705 of the Servicemembers Civil Relief Act (50 U.S.C. 4025(a)), is amended by adding at the end the following new subsection:  (c)Registration (1)In generalFor the purposes of voting for any Federal office (as defined in section 30101 of title 52, United States Code) or a State or local office, a servicemember who registers to vote in a State in which the servicemember is present in compliance with military orders for a permanent change of station shall not, solely by reason of that registration—
(A)be deemed to have acquired a residence or domicile in that State; (B)be deemed to have become a resident in or a resident of that State; or
(C)be deemed to have lost a residence or domicile in any other State, without regard to whether or not the person intends to return to that State. (2)Notification by the servicememberA servicemember who elects to register to vote in the State in which the servicemember is present in compliance with military orders for a permanent change of station shall notify the Service Voting Action Officer of the military department concerned not later than 10 days after such registration.
(3)Notification by the Service Voting Action OfficerA Service Voting Action Officer who receives a notification under paragraph (2) shall notify the chief State election official of the State in which the servicemember resides or is domiciled of such registration not later than 10 days after such registration..


110 HR 6495 IH: Transportation and Housing Choices for Gas Price

U.S. House of Representatives
2008-07-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6495
		IN THE HOUSE OF REPRESENTATIVES

			July 15, 2008
			Mr. Blumenauer (for
			 himself, Mrs. Tauscher,
			 Mr. Shays,
			 Mr. Inslee,
			 Mr. McNerney, and
			 Ms. Solis) introduced the following
			 bill; which was referred to the Committee
			 on Transportation and Infrastructure, and in addition to the
			 Committees on Ways and
			 Means, Financial
			 Services, and Oversight
			 and Government Reform, 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 authorize programs and activities to support
		  transportation and housing options that will assist American families in
		  reducing transportation costs, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Transportation and Housing Choices for Gas Price
			 Relief Act of 2008.
			(b)Table of
			 contents

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings.
					Sec. 3. Community transportation choices investment
				program.
					Sec. 4. Public transportation improvement block
				grants.
					Sec. 5. Improving community transit grants.
					Sec. 6. National consumer awareness program.
					Sec. 7. Credit for teleworking.
					Sec. 8. Transportation fringe benefit to bicycle
				commuters.
					Sec. 9. Increased uniform dollar limitation for all types of
				transportation fringe benefits.
					Sec. 10. Clarification of Federal employee
				benefits.
					Sec. 11. Eligibility of self-employed individuals to receive
				transit fringe benefits.
					Sec. 12. Parking cash-out programs.
					Sec. 13. Vanpool credit.
					Sec. 14. Participation of Federal agencies in local
				transportation management associations.
					Sec. 15. Disclosure of transit accessibility and transportation
				costs of housing.
					Sec. 16. Location-efficient mortgage goals for Fannie Mae and
				Freddie Mac.
					Sec. 17. Location-efficient mortgages education and outreach
				campaign.
					Sec. 18. Grants for purchase or creation of affordable housing
				near transit.
					Sec. 19. Accessible and efficient schools.

			2.FindingsCongress finds the following:
			(1)Gas prices have more than tripled since
			 2001, putting a significant strain on American families and the economy.
			(2)On average,
			 transportation costs are now Americans’ second largest expense after
			 housing.
			(3)Polls show that
			 Americans believe that gas prices will continue to rise and they are looking to
			 Congress for help.
			(4)Eighty-four percent
			 of Americans rely on their own transportation to get to and from work, annually
			 spending on average $2,052 on gas and 264 hours on their commute.
			(5)The cost of
			 congestion, including added freight costs and lost productivity for consumers,
			 reached $78 billion in 2005 and resulted in 4.2 billion lost hours and 2.9
			 billion gallons of wasted fuel.
			(6)One of the most
			 effective ways to reduce transportation costs and traffic congestion for
			 American families is to offer a broader range of transportation options as well
			 as housing choices that reduce transportation costs.
			(7)Transportation
			 options can include public transit, carpooling, biking, walking, and other
			 alternatives to single-occupancy vehicle trips.
			(8)The Consumer Electronics Association
			 recently estimated that 4 to 6 million workers telecommute at least once a
			 week, saving an estimated 840 million gallons of fuel and reducing carbon
			 dioxide emissions by 10 to 14 million metric tons per year.
			(9)A
			 typical transit rider consumes less than half as much gasoline on average than
			 a person with no access to transit.
			(10)Public
			 transportation saves over 4.2 billion gallons of fuel each year.
			(11)At $4 per gallon
			 gasoline, American families can save $5.6 billion each year on gasoline costs
			 by using transit.
			(12)Consumer demand
			 for transit and other transportation options is surging.
			(13)Public
			 transportation ridership rose by 3.4 percent in the first quarter of 2008,
			 according to the American Public Transportation Association.
			(14)More than 90
			 percent of public transportation officials report that their ridership is up
			 over the past 3 years.
			(15)Rising fuel
			 prices have increased costs for public transportation agencies. Public
			 transportation agencies consume more than 760 million gallons of diesel fuel
			 and gasoline each year. For every penny added to the cost of fuel, public
			 transportation agencies around the Nation face $7.6 million in increased annual
			 costs.
			(16)Bicycle commuters
			 annually save on average $1,825 in auto-related costs, conserve 145 gallons of
			 gasoline, and avoid 50 hours of gridlock traffic.
			(17)Bicycles can be a
			 viable option for the more than 50 percent of the working population commutes
			 less than 5 miles to work.
			(18)In 1969,
			 approximately 50 percent of children in the United States got to school by
			 walking or bicycling, but in 2001 only 15 percent of students were walking or
			 biking to school .
			(19)Too few Americans
			 live in communities equipped with convenient and reliable access to public
			 transportation or other alternatives to driving a vehicle.
			(20)A study funded by
			 the Environmental Protection Agency found that residents of compact
			 metropolitan areas drive about 25 percent less than those in sprawling
			 areas.
			(21)Less than 5
			 percent of Americans live within one-half mile of rail transit.
			(22)The Federal
			 Government can help American families cope with high gas prices by expanding
			 alternatives and investing in communities.
			3.Community
			 transportation choices investment program
			(a)In
			 generalThe Secretary of
			 Transportation shall carry out a grant program to support community efforts to
			 invest in transportation alternatives and travel demand management
			 strategies.
			(b)Award of
			 grantsThe Secretary shall award grants under the program on a
			 competitive basis. The Secretary give priority to proposals that will have the
			 biggest impact on reducing single occupancy vehicle trips.
			(c)Eligible
			 entitiesThe following entities shall be eligible to receive
			 grants under the program:
				(1)State and local
			 governments.
				(2)Metropolitan
			 planning organizations.
				(3)Rural planning
			 organizations.
				(d)Eligible
			 activitiesAmounts received in grants under the program may be
			 used to plan for, facilitate, and provide initial support for any of the
			 following activities:
				(1)Transportation
			 demand management programs, including support for transportation management
			 associations.
				(2)Carpool or
			 telecommuting projects.
				(3)Planning, design,
			 acquisition of rights-of-way, construction, improvement, and management of
			 streets, pathways, and public transportation facilities to facilitate expanded
			 bicycle and pedestrian mobility and access.
				(4)Intelligent
			 transportation improvements, including traffic management systems that reduce
			 congestion and idling (other than projects to increase roadway
			 capacity).
				(5)Participation in
			 market-based programs to reduce travel demand, such as car or bicycle sharing
			 and pay-as-you-drive insurance.
				(e)Application
				(1)In
			 generalTo receive a grant under the program, an eligible entity
			 shall submit to the Secretary an application in such form and manner as the
			 Secretary prescribes.
				(2)ContentsAn
			 application under this subsection shall contain, at a minimum, information
			 detailing how the project to be funded using the grant funds would provide for
			 a shift in the use of transportation modes by encouraging walking, biking, or
			 using public transportation as an alternative to driving a motor vehicle. The
			 applicant shall also describe the project goals and objectives and the methods
			 by which the impacts and performance of the project will be measured against
			 the project goals and objectives. For activities expected to be ongoing, the
			 applicant shall describe how the project’s operating costs will be financially
			 sustained beyond the end of the grant.
				(f)Federal
			 shareThe Federal share of
			 the cost of an activity funded under the program may not exceed 80 percent of
			 the cost of the activity.
			(g)CooperationIn
			 carrying out this section, the Secretary shall work with the Administrator of
			 the Environmental Protection Agency, as necessary, to coordinate the activities
			 under this section with the Smart Growth program of the Environmental
			 Protection Agency.
			(h)Administrative
			 expensesNot to exceed 4 percent of the amounts made available to
			 carry out this section for a fiscal year may be used by the Secretary for
			 administrative expenses.
			(i)Maximum
			 amountNot more than $500,000 in grants received by a recipient
			 in a fiscal year under this section may be used for a single project.
			(j)Authorization of
			 appropriationsThere is authorized to be appropriated to carry
			 out this section $50,000,000 for each of fiscal years 2009 through 2011. Such
			 sums shall remain available until expended.
			4.Public
			 transportation improvement block grants
			(a)Authorizations
			 of Appropriations
				(1)Urbanized area
			 formula grantsIn addition to
			 amounts allocated under section 5338(b)(2)(B) of title 49, United States Code,
			 to carry out section 5307 of such title, there is authorized to be appropriated
			 $725,000,000 for each of fiscal years 2008 and 2009 to carry out such section
			 5307. Such funds shall be apportioned, not later than 7 days after the date on
			 which the funds are appropriated, in accordance with section 5336 (other than
			 subsections (i)(1) and (j)) of such title but may not be combined or commingled
			 with any other funds apportioned under such section 5336.
				(2)Formula grants
			 for other than urbanized areasIn addition to amounts allocated under
			 section 5338(b)(2)(G) of title 49, United States Code, to carry out section
			 5311 of such title, there is authorized to be appropriated $125,000,000 for
			 each of fiscal years 2008 and 2009 to carry out such section 5311. Such funds
			 shall be apportioned, not later than 7 days after the date on which the funds
			 are appropriated, in accordance with such section 5311 but may not be combined
			 or commingled with any other funds apportioned under such section 5311.
				(b)Use of
			 fundsNotwithstanding sections 5307 and 5311 of title 49, United
			 States Code, the Secretary of Transportation may make grants under such
			 sections from amounts appropriated under subsection (a) only for one or more of
			 the following:
				(1)Technology
			 upgrades to make public transportation systems more rider friendly,
			 including—
					(A)creating and
			 publicizing trip-finder sites online;
					(B)providing access
			 to real time schedule information through digital displays at public
			 transportation facilities and wireless tools;
					(C)synchronizing
			 payment methods amongst different modes of transportation; and
					(D)providing for
			 online trip planners and interactive service maps and mobile access to these
			 tools.
					(2)Fare subsidies or
			 free-ride days to reduce costs to consumers.
				(3)Technical
			 assistance for accommodating increased ridership.
				(4)Maintenance and
			 upgrades to improve service.
				(5)Purchasing of fuel
			 to run buses to ensure the maintenance of current levels of service and fare
			 prices or to expand service options.
				(6)Station upgrades
			 that enhance pedestrian and bicycle access or improve rider experience.
				(7)Planning and
			 design for new public transportation projects, extension of existing public
			 transportation projects, and intercity passenger rail projects.
				(c)Federal
			 shareThe Federal share of
			 the cost of an activity funded under the program may not exceed 80 percent of
			 the cost of the activity.
			(d)Period of
			 availabilityFunds appropriated under this section shall remain
			 available for a period of 2 fiscal years.
			5.Improving community
			 transit grants
			(a)Project
			 justificationSection
			 5309(e)(4) of title 49, United States Code, is amended—
				(1)by redesignating
			 subparagraph (E) as subparagraph (F); and
				(2)by inserting after
			 subparagraph (D) the following:

						(E)determine the project effectiveness based
				on the project’s—
							(i)effectiveness in
				reducing per capita vehicle miles traveled in the transportation corridor
				served, including reductions in vehicle miles traveled related to higher
				density development and improved land use surrounding the project;
							(ii)ability to achieve higher density
				development along the corridor served as a result of the project as compared
				with the surrounding metropolitan area; and
							(iii)potential for
				reducing per capita greenhouse gas emissions as a result of the project and the
				anticipated changes in land use, density, and economic development within the
				transportation corridor
				served.
							.
				(b)Project
			 justification factorsSection 5309(e) of title 49, United States
			 Code, is amended—
				(1)by redesignating
			 paragraph (6) as paragraph (8); and
				(2)by inserting after
			 paragraph (5) the following:

						(6)Weight of
				project justification factorsFor purposes of making the evaluation
				required under paragraph (4), the Secretary shall give equal weight to each
				listed factor.
						(7)Additional
				project justification factorFor purposes of making the
				evaluation required under paragraph (4), the Secretary shall not consider any
				factor quantifying travel time savings.
						.
				6.National consumer
			 awareness program
			(a)In
			 generalThe Secretary of
			 Transportation shall carry out a national consumer awareness program (in this
			 section referred to as the program) to educate the public on the
			 environmental, energy, and economic benefits of transportation alternatives to
			 the single occupancy vehicle, including carpooling, vanpooling, transit, and
			 bicycles.
			(b)Grants
				(1)PurposesIn
			 carrying out the program, the Secretary shall make grants to establish, expand,
			 and enhance local marketing and educational campaigns that promote the benefits
			 of alternative transportation and reducing motor vehicle trips.
				(2)Eligible
			 recipientsThe following entities shall be eligible to receive a
			 grant under this subsection:
					(A)State and city
			 departments of transportation.
					(B)Metropolitan
			 planning organizations.
					(C)Rural planning
			 organizations.
					(D)City, county, and
			 State governments.
					(E)Universities and
			 school districts.
					(F)Public
			 transportation agencies.
					(G)Councils of
			 government.
					(3)Eligible
			 activitiesGrant funds made available under this subsection may
			 be used for the following purposes:
					(A)Public forums to
			 educate and receive feedback.
					(B)Ride sharing
			 programs and outreach.
					(C)Print
			 materials.
					(D)Employer
			 programs.
					(E)Distributing and
			 publicizing information on alternatives to single occupancy vehicle
			 trips.
					(F)Creating,
			 upgrading, and promoting Internet websites that offer online access to services
			 that consumers would otherwise have to drive a motor vehicle to access.
					(G)Research and
			 analysis of the effectiveness or benefits of the activities described in this
			 paragraph.
					(c)Authorization of
			 appropriationsThere is authorized to be appropriated to carry
			 out this section $10,000,000 for each of fiscal years 2009 through 2011. Such
			 sums shall remain available until expended.
			7.Credit for
			 teleworking
			(a)In
			 GeneralSubpart B of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended
			 by adding at the end the following new section:

					30D.Telework
				credit
						(a)Allowance of
				CreditIn the case of an eligible taxpayer, there shall be
				allowed as a credit against the tax imposed by this chapter for the taxable
				year an amount equal to the qualified teleworking expenses paid or incurred by
				the taxpayer during such year.
						(b)Maximum
				Credit
							(1)Per teleworker
				limitationThe credit allowed by subsection (a) for a taxable
				year with respect to qualified teleworking expenses paid or incurred by or on
				behalf of an individual teleworker shall not exceed $400.
							(2)Reduction for
				teleworking less than full yearIn the case of an individual who
				is in a teleworking arrangement for less than a full taxable year, the amount
				referred to paragraph (1) shall be reduced by an amount which bears the same
				ratio to $400 as the number of months in which such individual is not in a
				teleworking arrangement bears to 12. For purposes of the preceding sentence, an
				individual shall be treated as being in a teleworking arrangement for a month
				if the individual is subject to such arrangement for any day of such
				month.
							(c)DefinitionsFor
				purposes of this section—
							(1)Eligible
				taxpayerThe term eligible taxpayer means—
								(A)in the case of an
				individual, an individual who performs services for an employer under a
				teleworking arrangement, or
								(B)in the case of an
				employer, an employer for whom employees perform services under a teleworking
				arrangement.
								(2)Teleworking
				arrangementThe term teleworking arrangement means
				an arrangement under which an employee teleworks for an employer at least 1 day
				per week.
							(3)Qualified
				teleworking expensesThe term qualified teleworking
				expenses means expenses paid or incurred under a teleworking
				arrangement—
								(A)for purchase or
				installation of any electronic information or telecommunication equipment which
				is used to enable an individual to telework, or
								(B)for any
				telecommunications service, or Internet access (or related services), relating
				to the use of such equipment.
								(4)TeleworkThe
				term telework means to perform work functions, using electronic
				information and communication technologies, thereby reducing or eliminating the
				physical commute to and from the traditional worksite.
							(d)Limitation Based
				on Amount of Tax
							(1)Liability for
				taxThe credit allowable under subsection (a) for any taxable
				year shall not exceed the excess (if any) of—
								(A)the regular tax
				for the taxable year, reduced by the sum of the credits allowable under subpart
				A and the preceding sections of this subpart, over
								(B)the tentative
				minimum tax for the taxable year.
								(2)Carryforward of
				unused creditIf the amount of the credit allowable under
				subsection (a) for any taxable year exceeds the limitation under paragraph (1)
				for the taxable year, the excess shall be carried to the succeeding taxable
				year and added to the amount allowable as a credit under subsection (a) for
				such succeeding taxable year.
							(e)Special
				Rules
							(1)Basis
				reductionFor purposes of this subtitle, the basis of any
				property for which a credit is allowable under subsection (a) shall be reduced
				by the amount of such credit (determined without regard to subsection
				(d)).
							(2)RecaptureThe
				Secretary shall, by regulations, provide for recapturing the benefit of any
				credit allowable under subsection (a) with respect to any property which ceases
				to be property eligible for such credit.
							(3)Property used
				outside United States, etc., not qualifiedNo credit shall be
				allowed under subsection (a) with respect to any property referred to in
				section 50(b) or with respect to the portion of the cost of any property taken
				into account under section 179.
							(4)Election not to
				take creditNo credit shall be allowed under subsection (a) for
				any expense if the taxpayer elects to have this section not apply with respect
				to such expense.
							(5)Denial of double
				benefitNo deduction or credit (other than under this section)
				shall be allowed under this chapter with respect to any expense which is taken
				into account in determining the credit under this section.
							(f)Reporting
				requirement
							(1)In
				generalIn the case of an eligible taxpayer who is an employer,
				no credit shall be allowed under this section for qualified teleworking
				expenses of the employer with respect to such employer’s employees unless the
				taxpayer submits to the Secretary (in such form and manner as the Secretary may
				prescribe)—
								(A)the survey
				described in paragraph (2), and
								(B)a detailed
				description of the teleworking policies of the employer, including a
				description of—
									(i)which employees of
				the employer are eligible to telework,
									(ii)any
				employer goals relating to teleworking, and any progress with respect to such
				goals, and
									(iii)any materials or
				resources of the employer intended to promote or enable teleworking.
									(2)Call for
				Telework Data SurveyThe Secretary shall, in consultation with
				the Office of Personnel Management, establish, make publicly available to
				taxpayers, and update as appropriate, a survey designed to track teleworking
				trends among employers allowed credits under this section.
							(3)Report to
				CongressNot later than
				October 15 of each calendar year, the Secretary shall submit to the Congress,
				and make publicly available on the Internet and at the offices of the Internal
				Revenue Service, a report, which shall include a summary of the information
				contained in the submissions under paragraph (1) for taxable years ending in
				the previous calendar
				year.
							.
			(b)Conforming
			 AmendmentSubsection (a) of section 1016 of such Code is amended
			 by striking and at the end of paragraph (36), by striking the
			 period at the end of paragraph (37) and inserting , and, and by
			 adding at the end the following new paragraph:

					(38)to the extent
				provided in section 30D(e), in the case of amounts with respect to which a
				credit has been allowed under section
				30B.

			(c)Clerical
			 AmendmentThe table of sections for subpart B of part IV of
			 subchapter A of chapter 1 of such Code is amended by adding at the end the
			 following new item:

						Sec. 30D. Telework
				credit.

					.
			(d)Effective
			 DateThe amendments made by this section shall apply to amounts
			 paid or incurred after December 31, 2008.
			8.Transportation fringe
			 benefit to bicycle commuters
			(a)In
			 generalParagraph (1) of
			 section 132(f) of the Internal Revenue Code of 1986 is amended by adding at the
			 end the following:

					(D)Any qualified
				bicycle commuting
				reimbursement.
					.
			(b)Limitation on
			 exclusionParagraph (2) of section 132(f) of such Code is amended
			 by striking and at the end of subparagraph (A), by striking the
			 period at the end of subparagraph (B) and inserting , and, and
			 by adding at the end the following new subparagraph:

					(C)the applicable
				annual limitation in the case of any qualified bicycle commuting
				reimbursement.
					.
			(c)DefinitionsParagraph
			 (5) of section 132(f) of such Code is amended by adding at the end the
			 following:

					(F)Definitions
				related to bicycle commuting reimbursement
						(i)Qualified
				bicycle commuting reimbursementThe term qualified bicycle commuting
				reimbursement means, with respect to any calendar year, any employer
				reimbursement during the 15-month period beginning with the first day of such
				calendar year for reasonable expenses incurred by the employee during such
				calendar year for the purchase of a bicycle and bicycle improvements, repair,
				and storage, if such bicycle is regularly used for travel between the
				employee’s residence and place of employment.
						(ii)Applicable
				annual limitationThe term applicable annual
				limitation means, with respect to any employee for any calendar year,
				the product of $50 multiplied by the number of qualified bicycle commuting
				months during such year.
						(iii)Qualified
				bicycle commuting monthThe term qualified bicycle
				commuting month means, with respect to any employee, any month during
				which such employee—
							(I)regularly uses the bicycle for a
				substantial portion of the travel between the employee’s residence and place of
				employment, and
							(II)does not receive any benefit described in
				subparagraph (A), (B), or (C) of paragraph
				(1).
							.
			(d)Constructive
			 receipt of benefitParagraph (4) of section 132(f) of such Code
			 is amended by inserting (other than a qualified bicycle commuting
			 reimbursement) after qualified transportation
			 fringe.
			(e)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2008.
			9.Increased uniform
			 dollar limitation for all types of transportation fringe benefits
			(a)In
			 generalSection 132(f)(2) of the Internal Revenue Code of 1986
			 (relating to limitation on exclusion) is amended—
				(1)by striking
			 $100 in subparagraph (A) and inserting $200,
			 and
				(2)by striking
			 $175 in subparagraph (B) and inserting
			 $200.
				(b)Inflation
			 adjustment conforming amendmentsSubparagraph (A) of section
			 132(f)(6) of the Internal Revenue Code of 1986 (relating to inflation
			 adjustment) is amended—
				(1)by striking the
			 last sentence,
				(2)by striking
			 1999 and inserting 2009, and
				(3)by striking
			 1998 and inserting 2008.
				(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2008.
			10.Clarification of
			 Federal employee benefitsSection 7905 of title 5, United States Code,
			 is amended—
			(1)in subsection
			 (a)—
				(A)in paragraph (2)(C)
			 by inserting and after the semicolon;
				(B)in paragraph (3)
			 by striking ; and and inserting a period; and
				(C)by striking
			 paragraph (4); and
				(2)in subsection
			 (b)(2)(A) by amending subparagraph (A) to read as follows:

					(A)a qualified
				transportation fringe as defined in section 132(f)(1) of the Internal Revenue
				Code of
				1986;
					.
			11.Eligibility of
			 self-employed individuals to receive transit fringe benefits
			(a)In
			 generalSubparagraph (E) of
			 section 132(f)(5) is amended—
				(1)by striking
			 For purposes of this subsection, the term and inserting the
			 following:

						(i)In
				generalExcept as provided in
				clause (ii), the term
						,
				and
				(2)by adding at the
			 end the following new clause:

						(ii)Self-employed
				individuals eligible for transit pass fringe benefitFor purposes of paragraph (1)(B), such term
				includes an individual who is an employee within the meaning of section
				401(c)(1).
						.
				(b)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2008.
			12.Parking cash-out
			 programs
			(a)In
			 generalSubparagraph (C) of
			 section 132(f)(5) is amended—
				(1)by striking
			 The term and inserting the following:

						(i)In
				generalThe
				term
						.
				(2)by adding at the
			 end of clause (i), as amended by paragraph (1), the following: Such term
			 shall not include any parking with respect to any specified employer unless
			 such employer establishes a parking cash-out program., and
				(3)by adding at the
			 end the following new clauses:

						(ii)Specified
				employerFor purposes of this
				subparagraph, the term specified employer means any employer
				who—
							(I)employs on average
				50 or more employees during the calendar year,
							(II)leases the
				parking facilities referred to in clause (i),
							(III)can separately
				determine the amount paid per parking space leased, and
							(IV)can reduce the
				number of parking space leased (on a basis not less frequently than monthly)
				without penalty.
							(iii)Parking
				cash-out programFor purposes of this subparagraph, the term
				parking cash-out program means a program established by the
				employer under which—
							(I)the employer
				offers employees a cash allowance equal to the regular amount paid by the
				employer for parking for a single employee under clause (i) in lieu of the
				parking referred to in clause (i), and
							(II)any employee
				electing the cash allowance shall certify to the employer that the employee
				will comply with guidelines established by the employer to avoid neighborhood
				parking problems and violation of such guidelines are enforced by the employer
				by termination of eligibility of such employee for such cash allowance and
				employer sponsored
				parking.
							.
				(b)Effective
			 dateThe amendments made by this section shall apply to parking
			 provided during calendar years beginning after December 31, 2008.
			13.Vanpool credit
			(a)In
			 generalSubpart D of part IV
			 of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by
			 adding at the end the following new section:

					45Q.Vanpool credit
						(a)General ruleFor purposes of section 38, the vanpool
				credit for any taxable year is an amount equal to 10 percent of the qualified
				vanpool expenditures of the taxpayer for the taxable year.
						(b)Qualified
				vanpool expendituresFor
				purposes of this section, the term qualified vanpool expenditures
				means the aggregate amount paid or incurred by the employer during the taxable
				year to provide transportation described in section
				132(f)(1)(A).
						.
			(b)Credit treated
			 as part of general business creditSection 38(b) of such Code is
			 amended by striking plus at the end of paragraph (32), by
			 striking the period at the end of paragraph (33) and inserting ,
			 plus, and by adding at the end of following new paragraph:

					(34)the vanpool credit determined under section
				45Q(a).
					.
			(c)Clerical amendmentThe table of sections for subpart D of part
			 IV of subchapter A of chapter 1of such Code is amended by adding at the end the
			 following new item:

						Sec. 45Q. Vanpool
				credit.

					.
			(d)Effective
			 dateThe amendments made by
			 this section shall apply to expenditures made after December 31, 2008.
			14.Participation of
			 Federal agencies in local transportation management associationsIt is the sense of Congress that Federal
			 agencies should participate in local transportation management associations to
			 encourage more efficient use of transportation and parking resources.
		15.Disclosure of
			 transit accessibility and transportation costs of housing
			(a)Affordability
			 indexThe Secretary of
			 Housing and Urban Development shall, to the maximum extent practicable and in a
			 manner consistent with current research—
				(1)incorporate
			 transportation costs associated with the location of housing into affordability
			 measures and standards used to allocate low-income housing tax credits in
			 connection with vouchers for rental assistance under section 8 of the United
			 States Housing Act of 1937 (42 U.S.C. 1437f) or other affordable housing
			 programs;
				(2)work with States to
			 incorporate transportation into the housing plans for the States; and
				(3)consult with those
			 associations that use affordability indexes to incorporate transportation costs
			 into the affordability indexes of the association.
				(b)Model
			 transportation cost field for use by multiple listing service
				(1)DevelopmentThe Secretary shall, through a public
			 process, develop a model transportation cost field that can be used by Multiple
			 Listing Services for real estate listings to measure certain transportation
			 costs associated with the location of a home.
				(2)ParticipationIn
			 developing the model transportation cost field, the Secretary shall work with
			 realtors, homebuilders, smart growth experts, transportation planners, and
			 others.
				(3)FactorsThe
			 field developed under this section for a property may take into consideration
			 the following factors:
					(A)Bus, transit, and
			 other public transportation options within ½ and 1 mile of the property.
					(B)The costs associated with traveling to
			 work, school, shopping, and other facilities.
					(C)If available, the
			 average daily vehicle miles traveled for the community in which the property is
			 located.
					(D)The availability and accessibility of
			 services in the neighborhood, including grocery stores, parks, bike lanes,
			 community centers, restaurants, coffee shops, medical facilities,
			 laundry/cleaners, libraries, schools, plazas/town squares, and day care
			 facilities.
					(4)Technology
			 transferUpon development of
			 the field under this section, the Secretary shall make the field available to
			 Multiple Listing Service entities and metropolitan planning organizations to
			 incorporate the field into their Multiple Listing Service programs.
				(5)Authorization of
			 appropriationsThere is authorized $3,000,000 for the purposes of
			 carrying out this section, of which—
					(A)70 percent shall be available for
			 development of the model transportation cost field; and
					(B)30 percent shall
			 be available for outreach to Multiple Listing Service program to promote the
			 use of the new transportation cost field.
					16.Location-efficient
			 mortgage goals for Fannie Mae and Freddie Mac
			(a)Purposes
				(1)Fannie
			 MaeSection 301 of the Federal National Mortgage Association
			 Charter Act (12 U.S.C. 1716) is amended—
					(A)in paragraph (4),
			 by striking and at the end;
					(B)in paragraph (5),
			 by striking the period at the end and inserting ; and;
			 and
					(C)by adding at the
			 end the following new paragraph:

							(6)promote and facilitate the use of
				location-efficient
				mortgages.
							.
					(2)Freddie
			 MacSubsection (b) of section 301 of the Federal Home Loan
			 Mortgage Corporation Act (12 U.S.C. 1451 note) is amended—
					(A)in paragraph (3),
			 by striking and at the end;
					(B)in paragraph (5),
			 by striking the period at the end and inserting ; and;
			 and
					(C)by adding at the
			 end the following new paragraph:

							(5)to promote and facilitate the use of
				location-efficient
				mortgages.
							.
					(b)Goals for
			 mortgage purchasesThe Housing and Community Development Act of
			 1992 is amended by inserting after section 1334 (12 U.S.C. 4564) the following
			 new section:

					1334A.Location-efficient
				mortgages goals
						(a)In
				generalThe Director shall
				establish annual goals for the purchase by each enterprise of mortgages, for
				single-family, owner-occupied housing, of location-efficient mortgages.
						(b)TargetsThe annual goals under this section for
				each enterprise for purchase of location-efficient mortgages shall be as
				follows:
							(1)During the years 2009 through 2013, 5
				percent of the mortgages for single-family, owner-occupied homes that are
				purchased during each such year by the enterprise.
							(2)During the years
				2014 through 2018, 10 percent of such mortgages that are purchased during each
				such year by the enterprise.
							(3)During 2019 and each year thereafter, 15
				percent such mortgages that are purchased during each such year by the
				enterprise.
							(c)Plan and
				reportsThe Director shall require each enterprise—
							(1)not later than 2009, to develop and submit
				to the Director a plan that provides for the use and purchase of
				location-efficient mortgages in a manner designed to help achieve a significant
				reduction in the number of vehicle miles traveled; and
							(2)submit a report to
				the Congress annually that describes the extent of mortgage purchases described
				in subsection (b) and of compliance with the goal established pursuant to such
				subsection.
							(d)ReportsNot
				later than December 31 of each year from 2012 through 2018, the Secretary of
				Housing and Urban Development shall submit to the Congress a report
				that—
							(1)identifies the
				potential markets for location-efficient mortgages for single-family housing
				and any existing barriers to wider use of such products; and
							(2)identifies any
				correlations between defaults on mortgages for single-family or multifamily
				housing and the extent of the location efficiency of such housing.
							(e)DefinitionFor
				purposes of this section, the term location efficient mortgage
				means a mortgage loan under which the income of the borrower, for purposes of
				qualification for such loan, is considered to be increased by not less than $1
				for each $1 of savings projected to be realized by the borrower because the
				location of the home for which loan is made results in decreased transportation
				costs for the household of the
				borrower.
						.
			(c)Reports,
			 enforcement, and conforming amendmentsTitle XIII of the Housing
			 and Community Development Act of 1992 is amended—
				(1)in subsection (b)
			 of section 1324 (12 U.S.C. 4542(b))—
					(A)in paragraph (4),
			 by striking and 1334 and inserting 1334, and
			 1334A;
					(B)by redesignating
			 paragraphs (4) through (7) as paragraphs (5) through (8), respectively;
			 and
					(C)by inserting after
			 paragraph (3) the following new paragraph:

							(4)aggregate and analyze appropriate data to
				assess the compliance of each enterprise with the location-efficient mortgages
				goal;
							;
					(2)in subsection (a)
			 of section 1331 (12 U.S.C. 4561(a))—
					(A)by striking
			 and before a central cities; and
					(B)by inserting before
			 the period at the end of the first sentence the following: , and
			 location-efficient mortgages goals pursuant to section 1334A;
					(3)in section 1335
			 (12 U.S.C. 4565)—
					(A)in the matter in
			 subsection (a) that precedes paragraph (1)—
						(i)by striking
			 and before the central cities; and
						(ii)by inserting
			 after section 1334, the following: , and the
			 location-efficient mortgages goals pursuant to section 1334A;
						(B)in subsection (b),
			 by striking and 1334 and inserting , 1334, and
			 1334A; and
					(4)in section 1336 (12 U.S.C. 4566)—
					(A)in paragraph (1) of subsection (a), by
			 striking and 1334 and inserting , 1334, and
			 1334A; and
					(B)by striking
			 or 1334 each place such term appears and inserting ,
			 1334, or 1334A.
					17.Location-efficient
			 mortgages education and outreach campaignThe Secretary of Housing and Urban
			 Development shall carry out a public awareness, education, and outreach
			 campaign to inform and educate residential lenders and prospective mortgagors
			 regarding the availability, benefits, advantages, and terms of
			 location-efficient mortgages, including location-efficient mortgages that meet
			 the requirements of section 1334A of the Housing and Community Development Act
			 of 1992, and other mortgages having location-efficiency features and to
			 publicize such availability, benefits, advantages, and terms. Such actions may
			 include entering into a contract with an appropriate entity to publicize and
			 market such mortgages through appropriate media.
		18.Grants for
			 purchase or creation of affordable housing near transit
			(a)Grant
			 authorityThe Secretary of
			 Housing and Urban Development shall, to the extent amounts are available for
			 grants under this section, make grants to States for financial assistance in
			 constructing or acquiring housing that is affordable and
			 location-efficient.
			(b)Requirements for
			 housingFor purposes of this section:
				(1)AffordabilityHousing
			 shall be considered affordable only if the housing is affordable, in accordance
			 with requirements that the Secretary shall establish, for rental or purchase by
			 low-income families, as such term is defined in section 3 of the United States
			 Housing Act of 1937 (42 U.S.C. 1437a).
				(2)Location
			 efficiencyHousing shall be considered location-efficient only if
			 the housing is on land located not further than one-half mile from a transit
			 stop.
				(c)ApplicationsTo
			 be eligible to receive a grant under this section, a State, through an
			 appropriate State agency, shall submit to the Secretary an application at such
			 time, in such manner, and containing such information as the Secretary may
			 require.
			(d)Criteria for
			 approvalThe Secretary may approve an application of a State for
			 a grant under this section only if the Secretary determines that the State will
			 use the funds from the grant to carry out a program that—
				(1)provides financial assistance for the
			 construction or preservation of housing that meets the requirements of
			 subsection (b); and
				(2)includes such
			 compliance and audit requirements as the Secretary determines are necessary to
			 ensure that the program is operated in a sound and effective manner.
				(e)Limitation on
			 aggregate grant amountThe aggregate amount of grants made under
			 this section to any single State may not exceed $2,500,000
			(f)Administrative
			 expensesOf any amounts made available for grants under this
			 section for a fiscal year, the Secretary may use not more than 15 percent for
			 administrative expenses of the Department of Housing and Urban Development in
			 carrying out this section.
			(g)Reports
				(1)To
			 SecretaryEach State that
			 receives a grant under this section shall submit a report to the Secretary, for
			 each year during which amounts from such grant are expended for activities
			 described in subsection (a), describing the State’s program for constructing or
			 preserving location-efficient affordable housing for which the grant was made
			 and the progress of the program.
				(2)To
			 CongressNot later than September 30 of each year that any grants
			 are made under this section, the Secretary shall submit a report to the
			 Congress describing the total amount of such grants provided under this section
			 to each State during the fiscal year ending on such date and evaluating the
			 effectiveness of the grants made under this section in achieving the purposes
			 of this section.
				(h)Authorization of
			 appropriationsThere is authorized to be appropriated to the Fund
			 for each of fiscal years 2009 through 2011 such sums as may be necessary for
			 grants under this section.
			19.Accessible and
			 efficient schools
			(a)Inclusion of
			 high schools in safe routes to school programSection 1404 of the Safe, Accountable,
			 Flexible, Efficient Transportation Equity Act: A Legacy for Users (23 U.S.C.
			 402 note; 119 Stat. 1228) is amended—
				(1)by striking
			 primary and middle schools in subsection (a), subsection
			 (c)(1)(A), and subsection (c)(1)(B) and inserting primary, middle, and
			 high schools; and
				(2)in subsection
			 (k)—
					(A)in the subsection
			 heading by striking Primary and middle schools and inserting
			 Primary, middle, and high
			 schools;
					(B)by striking
			 primary and middle schools and inserting primary, middle,
			 and high schools; and
					(C)by striking
			 eighth grade and inserting twelfth grade.
					(b)Expansion of
			 safe routes to school programThere is authorized to be appropriated to
			 carry out the safe routes to school program authorized by section 1404 of the
			 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
			 Users (23 U.S.C. 402 note; 119 Stat. 1228)—
				(1)$400,000,000 for
			 fiscal year 2009;
				(2)$500,000,000 for
			 fiscal year 2010; and
				(3)$600,000,000 for
			 each of fiscal years 2011 through 2013.


		I
		111th CONGRESS
		1st Session
		H. R. 100
		IN THE HOUSE OF REPRESENTATIVES

			January 6, 2009
			Mr. Dreier introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide a
		  credit for the State and local sales taxes paid on the purchase of an
		  automobile.

		1.Short titleThis Act may be cited as the
			 Commonsense Auto Recovery Act of
			 2009.
		2.Credit for sales tax
			 on purchase of automobile
			(a)In
			 generalSubpart B of part IV
			 of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by
			 inserting after section 30D the following new section:

					30E.Sales tax on
				purchase of automobile
						(a)In
				generalIn the case of a
				qualified taxpayer, there shall be allowed against the tax imposed by this
				chapter for the taxable year an amount equal to the qualified State and local
				automobile sales taxes paid by the taxpayer with respect to the purchase of a
				qualified vehicle in such taxable year.
						(b)LimitationFor
				purposes of subsection (a), the purchase price taken into account for purposes
				of determining qualified State and local automobile sales taxes shall not
				exceed $50,000.
						(c)Qualified State
				and local automobile sales taxesFor purposes of this
				section—
							(1)In
				generalThe term qualified State and local automobile sales
				taxes means any general sales tax in effect on January 1, 2009, imposed
				on the purchase of a qualified vehicle.
							(2)General sales
				taxThe term general sales tax has the meaning given
				such term by section 164(b)(5), determined without regard to subparagraph (F)
				thereof.
							(3)Qualified
				vehicleThe term qualified vehicle means a motor
				vehicle (as defined in section 30(c)(2)) which does not have more than 2
				axles.
							(d)Qualified
				taxpayerFor purposes of this section—
							(1)In
				generalThe term qualified taxpayer means—
								(A)an individual,
				and
								(B)a person who
				employed an average of less than 50 employees on business days during the
				taxable year.
								(2)Controlled
				groupsFor purposes of paragraph (1)(B), all persons treated as a
				single employer under subsection (b), (c), (m), or (o) of section 414 shall be
				treated as a single employer.
							(e)No double
				benefitThe amount of the
				credit allowed under subsection (a) with respect to any vehicle shall be
				reduced by the amount of the deduction allowed under section 164 for such
				vehicle for the taxable year.
						(f)Election To not
				take creditNo credit shall
				be allowed under subsection (a) for any vehicle if the taxpayer elects not to
				have this section apply to such vehicle.
						(g)Application with
				other credits
							(1)Business credit
				treated as part of general business creditSo much of the credit
				which would be allowed under subsection (a) for any taxable year (determined
				without regard to this subsection) that is attributable to property of a
				character subject to an allowance for depreciation shall be treated as a credit
				listed in section 38(b) for such taxable year (and not allowed under subsection
				(a)).
							(2)Personal
				credit
								(A)In
				generalFor purposes of this title, the credit allowed under
				subsection (a) for any taxable year (determined after application of paragraph
				(1)) shall be treated as a credit allowable under subpart A for such taxable
				year.
								(B)Limitation based
				on amount of taxIn the case of a taxable year to which section
				26(a)(2) does not apply, the credit allowed under subsection (a) for any
				taxable year (determined after application of paragraph (1)) shall not exceed
				the excess of—
									(i)the sum of the
				regular tax liability (as defined in section 26(b)) plus the tax imposed by
				section 55, over
									(ii)the sum of the
				credits allowable under subpart A (other than this section and sections 23 and
				25D) and section 27 for the taxable year.
									(h)TerminationThis
				section shall not apply with respect to any property purchased after December
				31,
				2010.
						.
			(b)Conforming
			 amendments
				(1)(A)Section 24(b)(3)(B) of
			 such Code is amended by striking and 30D and inserting
			 30D, and 30E.
					(B)Section 25(e)(1)(C)(ii) of such Code
			 is amended by inserting 30E, after 30D,.
					(C)Section 25B(g)(2) of such Code is
			 amended by striking and 30D and inserting , 30D, and
			 30E.
					(D)Section 26(a)(1) of such Code is
			 amended by striking and 30D and inserting 30D, and
			 30E.
					(E)Section 1400C(d)(2) of such Code is
			 amended by striking and 30D and inserting 30D, and
			 30E.
					(2)Section 6501(m) of
			 such Code is amended by inserting 30E(f), after
			 30D(e)(9),.
				(3)The table of
			 sections for subpart B of part IV of subchapter A of chapter 1 of such Code is
			 amended by inserting after the item relating to section 30D the following new
			 item:

							Sec. 30E. Sales tax on purchase of
				automobile.

						.
				(c)Effective
			 dateThe amendments made by this section shall apply to vehicles
			 purchased after December 31, 2008.


		I
		112th CONGRESS
		2d Session
		H. R. 5519
		IN THE HOUSE OF REPRESENTATIVES

			May 7, 2012
			Mr. Walberg
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the rate of duty on Acrylate
		  Modified Vinyl acetate-Vinyl chloride copolymer.

		1.Acrylate Modified Vinyl
			 acetate-Vinyl chloride copolymer
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Acrylate Modified Vinyl acetate-Vinyl chloride copolymer (CAS
						No. 32650–26–3) (provided for in subheading 3904.30.60)FreeNo
						changeNo changeOn or before 12/31/2015

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


		IV
		111th CONGRESS
		1st Session
		H. RES. 26
		IN THE HOUSE OF REPRESENTATIVES

			January 7, 2009
			Mr. Gene Green of
			 Texas submitted the following resolution; which was referred to the
			 Committee on Oversight and Government
			 Reform

		RESOLUTION
		Expressing the sense of the House of
		  Representatives that the United States Postal Service should issue a postage
		  stamp commemorating Juan Nepomuceno Seguin.

		Whereas Juan Nepomuceno Seguin was born October 27, 1806,
			 in San Fernando de Bejar, New Spain (known today as San Antonio, Texas), and
			 died on August 27, 1889;
		Whereas Juan Nepomuceno Seguin fought for the rights of
			 all native Texans, despite constant threat of death, by opposing General
			 Antonio Lopez de Santa Ana’s blatant disregard of the Mexican Constitution of
			 1824, which granted all citizens and subjects of Mexico their basic human
			 rights;
		Whereas in 1835 Juan Nepomuceno Seguin sought to convene
			 the first revolutionary meeting in protest of the devastating demands and
			 actions of the government of General Antonio Lopez de Santa Ana;
		Whereas on October 24, 1835, Juan Nepomuceno Seguin was
			 commended for his interception of vital documents sent to General Martin
			 Perfecto de Cos, commander of the Mexican Army in Texas, and was appointed by
			 the Commander in Chief of the Texas volunteer army, Stephen F. Austin, as the
			 captain of a volunteer company of Hispanic farmers and ranchers;
		Whereas the Seguin family supplied the Texas volunteer
			 army with cattle and crops from their ranch without compensation, and
			 encouraged other Hispanic ranchers to do the same;
		Whereas Juan Nepomuceno Seguin fought in the Battle of
			 Concepcion, which led to the occupation of the Mission San Antonio de Valero
			 (commonly known as the Alamo);
		Whereas on December 9, 1835, Juan Nepomuceno Seguin was an
			 active participant in the liberation of San Antonio, during which General
			 Martin Perfecto de Cos surrendered and paroled his army by withdrawing it south
			 of the Rio Grande;
		Whereas Juan Nepomuceno Seguin and the other volunteers in
			 his company were among the 189 brave and heroic men who, on February 22, 1836,
			 fell back to the reinforced battlements of the Alamo to which the Mexican Army
			 under the command of General Antonio Lopez de Santa Ana laid siege;
		Whereas Juan Nepomuceno Seguin escaped the fate of the
			 other defenders of the Alamo because Colonel William B. Travis sent him on an
			 urgent mission to the town of Goliad to seek reinforcements from Colonel James
			 W. Fannin on March 5, 1836, the day before the fall of the Alamo;
		Whereas Juan Nepomuceno Seguin, upon hearing of the fall
			 of the Alamo, promptly raised a new company for the defense of Texas, and
			 joined forces with General Sam Houston, commander of the remaining Texas
			 volunteer army;
		Whereas Juan Nepomuceno Seguin was among the 750 Texans
			 who defeated 1,500 soldiers of the Mexican Army near the confluence of Buffalo
			 Bayou and the San Jacinto River, which led to the establishment of the Republic
			 of Texas and, later, statehood for Texas;
		Whereas Juan Nepomuceno Seguin was an important political
			 figure in both the Republic and the State of Texas, serving as mayor of San
			 Antonio, senator in the Congress of the Republic of Texas, and judge of Wilson
			 County, Texas;
		Whereas Juan Nepomuceno Seguin has been recognized by the
			 State of Texas as a hero of its war for independence, and has been honored by
			 the citizens of Walnut Spring, Texas, who renamed their town Seguin,
			 Texas;
		Whereas all children in the United States, regardless of
			 where they live, currently learn about Juan Nepomuceno Seguin, a historically
			 significant Hispanic figure; and
		Whereas Juan Nepomuceno Seguin fought for freedom,
			 justice, and dignity for all peoples: Now, therefore, be it

		That it is the sense of the House of
			 Representatives that—
			(1)the United States
			 Postal Service should issue a postage stamp commemorating Juan Nepomuceno
			 Seguin; and
			(2)the Citizens’
			 Stamp Advisory Committee should recommend to the Postmaster General that such a
			 postage stamp be issued.


115 HR 725 : Innocent Party Protection Act
U.S. House of Representatives
2017-03-13
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.

		IIB
		115th CONGRESS1st Session
		H. R. 725
		IN THE SENATE OF THE UNITED STATES
		March 13, 2017Received; read twice and referred to the Committee on the JudiciaryAN ACT
		To amend title 28, United States Code, to prevent fraudulent joinder.

 1.Short titleThis Act may be cited as the Innocent Party Protection Act. 2.Prevention of fraudulent joinderSection 1447 of title 28, United States Code, is amended by adding at the end the following:

				(f)Fraudulent joinder
 (1)This subsection shall apply to any case in which— (A)a civil action is removed solely on the basis of the jurisdiction conferred by section 1332(a);
 (B)a motion to remand is made on the ground that— (i)one or more defendants are citizens of the same State as one or more plaintiffs; or
 (ii)one or more defendants properly joined and served are citizens of the State in which the action was brought; and
 (C)the motion is opposed on the ground that the joinder of the defendant or defendants described in subparagraph (B) is fraudulent.
 (2)The joinder of a defendant described in paragraph (1)(B) is fraudulent if the court finds that— (A)there is actual fraud in the pleading of jurisdictional facts with respect to that defendant;
 (B)based on the complaint and the materials submitted under paragraph (3), it is not plausible to conclude that applicable State law would impose liability on that defendant;
 (C)State or Federal law clearly bars all claims in the complaint against that defendant; or (D)objective evidence clearly demonstrates that there is no good faith intention to prosecute the action against that defendant or to seek a joint judgment including that defendant.
 (3)In determining whether to grant or deny a motion under paragraph (1)(B), the court may permit the pleadings to be amended, and shall consider the pleadings, affidavits, and other evidence submitted by the parties.
 (4)If the court finds that all defendants described in paragraph (1)(B) have been fraudulently joined under paragraph (2), it shall dismiss without prejudice the claims against those defendants and shall deny the motion described in paragraph (1)(B)..

	Passed the House of Representatives March 9, 2017.Karen L. Haas,Clerk


110 HR 3641 IH: To allow teachers in rural areas who are highly qualified

U.S. House of Representatives
2007-09-24
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.

		I
		110th CONGRESS
		1st Session
		H. R. 3641
		IN THE HOUSE OF REPRESENTATIVES

			September 24, 2007
			Mrs. Musgrave
			 introduced the following bill; which was referred to the
			 Committee on Education and
			 Labor

		A BILL
		To allow teachers in rural areas who are highly qualified
		  in one subject to have 3 years from their hiring date to become highly
		  qualified in each additional subject they teach.

		1.Teachers in rural areas who
			 are highly qualified in one subject have 3 years from their hiring date to
			 become highly qualified in additional subjects they teachParagraph (23) of section 9101 of the
			 Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)) is amended
			 by striking and at the end of subparagraph (B), by striking the
			 period at the end of subparagraph (C) and inserting ; and, and
			 by adding at the end the following new subparagraph:

				(D)when used with respect to an elementary or
				secondary school teacher who is employed by a local educational agency in
				which—
					(i)the total number
				of students in average daily attendance at all schools served by the agency is
				fewer than 600 or all schools served by the agency are located in counties with
				a population density of fewer than 10 persons per square mile; and
					(ii)all schools served by the local educational
				agency have a school locale code of 42 or 43, as determined by the Secretary,
				or the local educational agency is located in an area of the State that was
				defined as rural by the State educational agency or another governmental agency
				of the State,
					means that the teacher holds at
				least a bachelor’s degree and has met the applicable standard in clause (i) or
				(ii) of subparagraph (B) for at least one core academic subject the teacher
				teaches, and will meet such applicable standard for all core academic subjects
				the teacher teaches not later than the date that is the third anniversary of
				the date of hire by such local educational agency, if such local educational
				agency demonstrates that it is providing each such teacher high-quality
				professional development that increases such teacher’s content knowledge in the
				additional subjects the teacher teaches, and a program of intensive supervision
				that consists of structured guidance and regular ongoing support to ensure that
				such teacher meets such applicable
				standard..