I
111th CONGRESS 1st Session
H. R. 1827
IN THE HOUSE OF REPRESENTATIVES

March 31, 2009
Ms. Matsui introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To amend title 49, United States Code, to provide for the establishment of a flexibility incentive grant program.

1.Short titleThis Act may be cited as the Flexibility Incentive Grant Act of 2009.
2.Flexibility incentive grant pilot program
(a)In GeneralChapter 53 of title 49, United States Code, is amended by adding at the end the following:

5341.Flexibility incentive grant pilot program
(a)PurposeThe purpose of this section is to provide incentives to encourage States to establish new sources of revenue for public transportation projects and services and to reward States for creating more flexibility in the use of their existing transportation funds.
(b)Establishment of ProgramThe Secretary of Transportation shall establish a flexibility incentive grant pilot program in accordance with this section.
(c)Applications
(1)In generalA State may submit an application to the Secretary for a grant under the section for each of fiscal years 2010 through 2013 not later than the August 1 preceding the first day of such fiscal year.
(2)ContentsAn application of a State for a grant for a fiscal year under this section shall contain, at a minimum, the aggregate amount that the State and the counties of the State expended (excluding amounts from Federal sources) on public transportation projects and services for each of the State’s 2 fiscal years preceding the date of the application, together with such supporting documentation as the Secretary may require by regulation.
(d)Determinations by the SecretaryNot later than September 1 of each of calendar years 2010 through 2013, the Secretary shall determine for each State that submitted an application for a grant under subsection (c) for the fiscal year beginning on September 30th of that calendar year if the State and the counties of the State increased the aggregate amount that the State and such counties expended (excluding amounts from Federal sources) on public transportation projects and services from the State’s second fiscal year preceding such September 1 to the State’s first fiscal year preceding such September 1, the amount of such increase, and the percentage of such increase over the State’s second preceding fiscal year.
(e)Grants for Increased public transportation Funding
(1)States with an increase of 10 percent or more
(A)In generalSubject to paragraph (2) and subsection (g), the Secretary shall make a grant for each of fiscal years 2010 through 2013 to each State—
(i)whose percentage increase, as determined by the Secretary under subsection (d) with respect to such fiscal year, in expenditures for public transportation projects and services over the preceding fiscal year of the State was 10 percent or more; and
(ii)whose aggregate expenditures for such projects and services in the State’s preceding fiscal year was $1,000,000,000 or less, as determined by the Secretary under subsection (d); and
(B)AmountThe amount of a grant under subparagraph (A) shall be equal to the increase in the aggregate amount that the State and the counties of the State expended (excluding amounts from Federal sources) on public transportation projects and services from the second preceding fiscal year of the State to the first preceding fiscal year of the State, as determined by the Secretary under subsection (d).
(2)Large states with an increase of 1 percent or moreSubject to subsection (g), for each of fiscal years 2010 through 2013, the Secretary shall make a grant of $50,000,000 to each State—
(A)whose percentage increase, as determined by the Secretary under subsection (d) with respect to such fiscal year, in expenditures for public transportation projects and services over the preceding fiscal year of the State was 1 percent or more; and
(B)whose aggregate expenditures for such projects and services in the State’s preceding fiscal year was more than $1,000,000,000, as determined by the Secretary under subsection (d).
(f)States Creating Flexible Transportation Funds
(1)New dedicated source of revenue
(A)In generalSubject to subsection (g), for each of fiscal years 2010 through 2013, the Secretary shall make a grant of $10,000,000 to each State that established in the first preceding fiscal year of the State a dedicated source of revenue for carrying out only public transportation projects and services that the Secretary—
(i)determines was not in effect in the second preceding fiscal year of the State; and
(ii)projects will result in an increase of 10 percent in State funds available for expenditure on such projects and services within 2 years after the date of such implementation.
(B)Dedicated source of revenues definedFor purposes of this paragraph, the term dedicated source of revenue may include the dedication of a State motor fuels tax or sales tax, interest on existing highway funds, motor vehicle excise tax, tolls, loans to be made out of highway funds, and such other sources of revenue as the Secretary determines.
(2)Unrestricted use of highway fundsSubject to subsection (h), for each of fiscal years 2010 through 2013, the Secretary shall make a grant of $10,000,000 to each State that in the preceding fiscal year of the State amended State law or the State constitution to allow funds that were restricted for highway purposes only to be used for public transportation projects and services as well as highway purposes.
(g)Limitation for States Eligibility for Multiple GrantsIf the Secretary determines that a State is eligible for a grant under more than one of subsections (e)(1), (e)(2), (f)(1), and (f)(2) for a fiscal year, the Secretary may only make the grant to the State that is for the greatest amount the State is eligible for under such subsections.
(h)Use of GrantsA State may obligate funds granted to it under this section for any project or activity eligible for assistance under title 23 or this chapter.
(i)Grant RequirementsExcept as otherwise provided in this section—
(1)a grant under this section being used for a public transportation project or activity shall be subject to all of the terms and conditions to which a grant made under section 5307 is subject; and
(2)a grant under this section being used for a highway project or activity shall be subject to all of the terms and conditions that would be applicable to such project or activity if such project or activity were being carried out under title 23.
(j)Federal ShareThe Federal share of the cost of a project or activity funded under this section shall be 100 percent.
(k)Authorizations of AppropriationsThere are authorized to be appropriated to carry out this section for each of fiscal years 2010 through 2013 $250,000,000. Such sums shall remain available until expended.
(l)Program EvaluationNot later than 5 years after the date of enactment of this section, the Secretary shall—
(1)conduct a study to evaluate the pilot program authorized by this section; and
(2)submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the study. .
(b)Conforming AmendmentThe analysis for such chapter is amended by adding at the end the following:

5341. Flexibility incentive grant pilot program.  .


I
111th CONGRESS
1st Session
H. R. 3331
IN THE HOUSE OF REPRESENTATIVES

July 24, 2009
Mr. Connolly of Virginia (for himself and Mr. Goodlatte) introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To amend title 10, United States Code, to authorize the Secretary of Defense to make grants to recognized science and technology secondary schools to support research and development projects at such schools in science, mathematics, engineering, and technology to supplement the national security functions of the Department of Defense.

1.Science, Technology, Engineering, and Mathematics (STEM) Research and Development Program for recognized science and technology secondary schools
(a)Establishment of grant programChapter 111 of title 10, United States Code, is amended by inserting after section 2192a the following new section:

2192b.Science, Technology, Engineering, and Mathematics (STEM) Research and Development Program
(a)Requirement for ProgramThe Secretary of Defense shall carry out a program to provide grants to secondary schools described in subsection (b) to support research and development projects at such schools in science, mathematics, engineering, and technology to supplement the national security functions of the Department of Defense, as determined by the Secretary. A grant may be made directly to an eligible secondary school or indirectly to a local educational agency for the administration of the school or a nonprofit organization supporting research and development projects in science, mathematics, engineering, and technology at the school.
(b)Eligible schoolsTo be eligible for a grant under the program, a secondary school must be recognized as a Science and Technology High School or as a secondary school with a science and technology program. The requirements for such recognition shall be determined by the Secretary of Defense, taking into consideration the following specific criteria:
(1)The secondary school must meet a minimum number of required academic years of science curriculum.
(2)The secondary school must meet a minimum number of academic years of technology or engineering curriculum.
(3)The secondary school must meet a minimum number of academic years of mathematics curriculum.
(c)Research and Development TopicsThe Secretary of Defense, in consultation for the Secretaries of the military departments, shall determine potential research and development topics for which grants may be made under the program. The Secretary of Defense shall prepare, from such proposed topics, a priority list of projects, which shall be published and made available to eligible secondary schools.
(d)Selection of grant recipientsThe Secretary of Defense shall solicit grant proposals from eligible secondary schools. The Secretary shall evaluate submitted proposals and make grants on a competitive basis.
(e)Monitoring and resultsThe Secretary of Defense shall monitor the progress made by grant recipients on projects supported using the grant funds and require regular updates and progress reports as considered necessary by the Secretary. A grant recipient shall document and submit to the Secretary a final report on the results of the project.
(f)Report on programNot later than February 1, 2011, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives a report containing a plan for expanding and improving the program..
(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2192a the following new item:

2192b. Science, Technology, Engineering, and Mathematics (STEM) Research and Development Program..


116 HR 1575 IH: Robocall Enforcement Enhancement Act of 2019
U.S. House of Representatives
2019-03-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1575IN THE HOUSE OF REPRESENTATIVESMarch 6, 2019Mr. Van Drew introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Communications Act of 1934 to lengthen the statute of limitations for enforcing
			 robocall violations, and for other purposes.

 1.Short titleThis Act may be cited as the Robocall Enforcement Enhancement Act of 2019. 2.Statute of limitations for robocall enforcement actions (a)Provision of inaccurate caller identification informationSection 227(e)(5)(A)(iv) of the Communications Act of 1934 (47 U.S.C. 227(e)(5)(A)(iv)) is amended—
 (1)in the heading, by striking 2-year and inserting 3-year; and (2)by striking 2 years and inserting 3 years.
 (b)Use of automated telephone equipmentSection 503(b)(6)(B) of the Communications Act of 1934 (47 U.S.C. 503(b)(6)(B)) is amended— (1)by striking occurred more than 1 year and inserting the following:

 occurred—(i)except as provided in clause (ii), more than 1 year; and (2)by striking liability. and inserting the following:

 liability; or(ii)in the case of a violation of section 227(b)(1), more than 3 years prior to the date of issuance of the required notice or notice of apparent liability..
 3.Imposition of forfeitures without citationsSection 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 503(b)(5)) is amended, in the second sentence—
 (1)by striking or in the case of and inserting in the case of; and (2)by inserting before the period at the end the following: , or in the case of a violation of section 227(b)(1).


113 HR 3405 IH: United We Stand to Hire Veterans Act
U.S. House of Representatives
2013-10-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
113th CONGRESS1st Session
H. R. 3405
IN THE HOUSE OF REPRESENTATIVES

October 30, 2013
Mr. Denham (for himself and Mr. Walz) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, 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 better connect current and former members of the Armed Forces with employment opportunities by consolidating duplicative Federal Government Internet websites into a single portal, to conserve resources by merging redundant and competing programs, and for other purposes.

1.Short titleThis Act may be cited as the United We Stand to Hire Veterans Act.
2.Consolidated and coordinated Federal Government Internet portal to connect current and former members of the Armed Forces with employers seeking employees with skills and experience developed through military service
(a)FindingsCongress makes the following findings:
(1)Although significant progress has been made, unemployment among veterans remains stubbornly high.
(2)The unemployment rate among younger veterans, ages 18 to 24, remains well above the national average.
(3)This problem impacts the Department of Defense budget. Over the past 10 years, the Federal Government has expended more than $9,600,000,000 on unemployment compensation benefits for former members of the Armed Forces.
(4)The Department makes significant investments in members of the Armed Forces including specialized technical training in skills that are easily transferrable to civilian career fields.
(5)Beyond specific technical training, veterans gain unique leadership, organizational, and other skills that make them valued employees in the private sector.
(6)Government agencies, private sector entities, and nonprofit organizations are responding to the issue of unemployment among veterans.
(7)There are now so many programs to assist veterans in finding employment, many within the Government, that veterans may not know where to turn to find assistance in finding employment. While these programs are well intentioned, many are duplicative in nature, and compete for scarce resources.
(8)The Department of Labor, the Department of Veterans Affairs, the Department of Defense, and the Office of Personnel Management are currently working to consolidate the veterans employment initiatives of the Government into a single, consolidated Internet portal with the goal of connecting veterans who are seeking employment with employers who want to employ them.
(9)The consolidated portal would prevent Federal Government agencies from competing with each other to accomplish the same goal, and will save the Federal Government money while providing a comprehensive, coordinated tool for employers and veterans seeking employment.
(10)The Federal Government can accomplish this by leveraging the best practices of current programs.
(11)While progress has been made, there is no statutory requirement to streamline these Government programs and coordinate the resources that are all intended to achieve the same goal.
(b)Consolidated Internet portal requiredCommencing not later than one year after the date of the enactment of this Act, the Secretary of Labor shall, in conjunction with the Secretary of Defense and the Secretary of Veterans Affairs, consolidate Internet portals of the Federal Government on employment for current and former members of the Armed Forces into a comprehensive consolidated Internet portal for the purposes of connecting current and former members of the Armed Forces who are seeking employment with employers who want to employ them.
(c)Elements
(1)In generalThe consolidated Internet portal under subsection (b) should include the following:
(A)A means through which current and former members of the Armed Forces may connect for employment purposes with employers seeking the experience and skills developed during service in the Armed Forces, including a means of presenting a profile of each member or former member to employers that includes, at a minimum—
(i)the skills obtained by such member or former member during service in the Armed Forces and additional skills such member or former member is interested in pursuing; and
(ii)the current or intended residence of such member or former member (including an option for members or former members who are willing to reside in various locations).
(B)A means of permitting qualified prospective employers to post employment openings and seek contact with members or former members based on their profile for the purposes of requesting the initiation of arrangements or negotiations concerning potential employment.
(C)A means of presenting other employment resources, including resume preparation, to members or former members seeking employment.
(2)Matters consideredIn developing the consolidated Internet portal, the Secretaries referred to in subsection (b) should consider, at a minimum, the following:
(A)Public and private sector resources on matters relating to the portal.
(B)Opportunities to incorporate local employment networks into the portal.
(C)Methodologies to determine the most effective employment resources and programs to be incorporated into the portal.
(D)Means for streamlining processes through the portal for employers to find and employ former members of the Armed Forces.
(d)Member participationParticipation by a member or former member of the Armed Force in the consolidated Internet portal under subsection (b) shall be voluntary. A member or former member participating in the portal may cease participation in the portal at any time.
(e)Pilot project authority
(1)In generalIn order to expedite implementation of the consolidated Internet portal under subsection (b), the Secretaries may carry out one or more pilot projects to evaluate the feasibility and advisability of various options for the portal. Any such pilot project may only be a continuation or modification of an existing program.
(2)SunsetThe authority to carry out pilot projects under this subsection shall expire on the date that is five years after the date of the enactment of this Act.
(f)Reports
(1)Preliminary reportNot later than six months after the date of the enactment of this Act, the Secretaries shall submit to the appropriate committees of Congress a report on the consolidated Internet portal under subsection (b). The report shall include the following:
(A)A list of the Internet portals of the Federal Government that are redundant to, or duplicative of, the consolidated Internet portal.
(B)An estimate of the cost savings to be achieved by the Federal Government through the consolidated Internet portal, including through the elimination or consolidation into the consolidated Internet portal of the Internet portals listed under subparagraph (A).
(2)Report following implementation of portalNot later than one year after the date of the implementation of the portal under subsection (b), the Secretaries shall submit to the appropriate committees of Congress a report on the portal.
(3)ElementsEach report under this subsection shall include a description of the portal and such other information on the portal as the Secretaries consider appropriate.
(4)Appropriate committees of Congress definedIn this subsection, the term appropriate committees of Congress means—
(A)the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and
(B)the Committee on Armed Services, the Committee on Education and the Workforce, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives.


116 S1349 RS: Secure Traveler Act
U.S. Senate
2019-05-07
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.

IICalendar No. 312116th CONGRESS1st SessionS. 1349[Report No. 116–163]IN THE SENATE OF THE UNITED STATESMay 7, 2019Mr. Thune (for himself, Mr. Peters, and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationDecember 2, 2019Reported by Mr. Wicker, without amendmentA BILLTo expand enrollment in TSA PreCheck to expedite commercial travel screening and
			 improve airport security.

 1.Short titleThis Act may be cited as the Secure Traveler Act.
 2.DefinitionsIn this Act: (1)Public agencyThe term public agency means the Federal Government, a State government, a unit of local government, any combination of such government entities, or any department, agency, or instrumentality of any such government entity.
 (2)Sponsoring agencyThe term sponsoring agency means a government agency for which a security clearance is obtained, as determined by the Director of the National Background Investigations Bureau of the Office of Personnel Management.
 (3)Public safety officerThe term public safety officer means a person serving as a law enforcement officer, as determined by the Attorney General. 3.TSA PreCheck enrollment for individuals with active security clearance (a)ProcessNot later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration, in consultation with the Director of the National Background Investigations Bureau of the Office of Personnel Management and other appropriate departments and agencies of the Federal Government, shall establish a process to permit the verification of an active security clearance to enable enrollment in TSA PreCheck.
 (b)ComponentsIn establishing the process required under subsection (a), the Administrator shall ensure that—
 (1)eligible applicants for TSA PreCheck provide verification of active clearance through coordination with their sponsoring agency;
 (2)active clearance is required at the time an application is submitted and at the time of its approval;
 (3)interim security clearance is not accepted for purposes of paragraphs (1) and (2); and (4)approved applicants are assigned a trusted traveler number.
 (c)Eligible levels of clearanceAn individual holding any of the following security clearances shall be eligible to participate in TSA PreCheck under the process established under subsection (a):
 (1)Secret. (2)Top Secret, including Sensitive Compartmented Information.
 (3)L Clearance. (4)Q Clearance.
 (5)Yankee White, all categories. (d)FeesAny individual who enrolls in TSA PreCheck through the process established under subsection (a) shall submit any fee required to cover the costs of participation in such program. Notwithstanding section 3302 of title 31, United States Code, such fee shall be retained and used by the Transportation Security Administration.
			(e)Termination; renewal
 (1)TermIf an individual remains eligible for membership in TSA PreCheck under the requirements established by the Transportation Security Administration, his or her participation in TSA PreCheck will terminate on the date that is 5 years after the date on which such enrollment is approved unless it is renewed in accordance with applicable law.
				(2)Revocation
 (A)In generalAn individual’s participation in TSA PreCheck that was initiated through the process established under subsection (a) shall be terminated if the underlying security clearance is revoked, as determined by the sponsoring agency.
 (B)ExceptionsExcept as provided in subparagraph (A), an individual’s participation in TSA PreCheck that was initiated through the process established under subsection (a) may be revoked, at the discretion of the Administrator, if—
 (i)the individual is determined to pose a threat to aviation or national security; and (ii)the underlying security clearance is inactivated as a result of a change of the individual’s employment or the end of an individual’s appointment in a particular position.
						4.TSA PreCheck enrollment for law enforcement officers
 (a)ProcessNot later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration, in consultation with the Attorney General, shall establish a process to permit the enrollment of certain law enforcement officers in TSA PreCheck.
 (b)ComponentsIn establishing the process required under subsection (a), the Attorney General and the Administrator shall ensure that—
 (1)eligible applicants for TSA PreCheck provide verification of active employment through coordination with their sponsoring agency;
 (2)active employment in good standing is required— (A)at the time an application is submitted; and
 (B)at the time an application is approved; (3)interim disciplinary status is not accepted for purposes of paragraphs (1) and (2); and
 (4)approved applicants are assigned a trusted traveler number. (c)Eligible law enforcement officersAn individual shall be eligible to participate in TSA PreCheck under the process established under subsection (a) if he or she—
 (1)is a public safety officer for a public agency (including a court system) that receives Federal financial assistance;
 (2)is a law enforcement officer for a public agency; or (3)occupies another position, as deemed appropriate by the Attorney General and the Administrator.
 (d)FeesAny individual who enrolls in TSA PreCheck through the process established under subsection (a) shall submit any fee required to cover the costs of participation in such program. Notwithstanding section 3302 of title 31, United States Code, such fee shall be retained and used by the Transportation Security Administration.
			(e)Termination; renewal
 (1)TermIf an individual remains eligible for membership in TSA PreCheck under the requirements established by the Transportation Security Administration, his or her participation in TSA PreCheck shall terminate on the date that is 5 years after the date on which such enrollment is approved unless such enrollment is renewed in accordance with applicable law.
 (2)RevocationAn individual’s participation in TSA PreCheck that was initiated through the process established under subsection (a)—
 (A)shall be revoked if the underlying employment is terminated or suspended, as determined by the sponsoring agency; and
 (B)may be revoked, at the discretion of the Attorney General and the Administrator, based on the termination of the underlying employment if such termination is a result of—
 (i)a voluntary change of the individual’s employment; or (ii)the expiration of the term of service in a particular position to which an individual was appointed.
						5.Report on expanded enrollment for trusted traveler programs
 (a)In generalNot later than 270 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection and the Administrator of the Transportation Security Administration, in consultation with the Attorney General, the Director of the National Background Investigations Bureau of the Office of Personnel Management, and other appropriate departments and agencies of the Federal Government, shall submit a report to Congress on the feasibility of expanding the enrollment processes established under sections 3 and 4 to the Trusted Traveler Programs listed in subsection (b).
 (b)Trusted Traveler ProgramsThe programs listed in this subsection are— (1)Global Entry;
 (2)SENTRI; (3)NEXUS; and
 (4)any travel facilitation program that is similar to any of the programs listed in paragraphs (1) though (3) and has been designated by the Secretary of Homeland Security to be included in the report required under subsection (a).December 2, 2019Reported without amendment


113 S63 IS: Made In America Manufacturing Act of 2013
U.S. Senate
2013-01-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 63
		IN THE SENATE OF THE UNITED STATES

			January 22
			 (legislative day, January 3), 2013
			Mrs. Gillibrand (for
			 herself, Mr. Lautenberg,
			 Mr. Merkley, Mr. Blumenthal, and Mr.
			 Coons) introduced the following bill; which was read twice and
			 referred to the Committee on Commerce,
			 Science, and Transportation

		A BILL
		To require the Secretary of Commerce and the Secretary of
		  Labor to establish the Made In America Incentive Grant Program, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Made In America Manufacturing Act of
			 2013.
		2.DefinitionsIn this Act:
			(1)Industry
			 clusterThe term industry cluster means a
			 concentration of interconnected businesses, suppliers, research and development
			 entities, service providers, and associated institutions in a particular field
			 that are linked by common manufacturing and workforce needs.
			(2)ManufacturerThe
			 term manufacturer shall be defined by the Secretary of Commerce in
			 accordance with the North American Industry Classification System.
			(3)Nationally
			 portableThe term nationally portable, with respect
			 to a credential, means a credential that is sought or accepted by businesses
			 within the industry sector involved, across multiple States, as a recognized,
			 preferred, or required credential for recruitment, screening, advancement, or
			 hiring purposes.
			(4)ProgramThe
			 term Program means the program established under section
			 3(a).
			(5)Regional
			 partnershipThe term regional partnership means a
			 collaborative group that—
				(A)organizes key
			 stakeholders in a targeted industry cluster or broader manufacturing
			 partnership into a working group that focuses on the needs of manufacturers in
			 order to implement a manufacturing enhancement strategy;
				(B)includes, at the
			 appropriate stage of development of the partnership—
					(i)representatives
			 of multiple firms or employers in the targeted industry cluster, including
			 small- or medium-sized manufacturers and large manufacturers when
			 practicable;
					(ii)one or more
			 representatives of State labor organizations, central labor coalitions, or
			 other labor organizations, except in instances where no labor representation
			 exists;
					(iii)one or more
			 representatives of postsecondary educational institutions or other training
			 providers;
					(iv)one or more
			 representatives of State workforce agencies or other entities providing
			 employment services; and
					(v)one
			 or more representatives of a State or local government or Indian tribe (as
			 defined in section 4 of the Indian Self-Determination and Education Assistance
			 Act (25 U.S.C. 450b));
					(C)may include
			 representatives of—
					(i)State or local
			 economic development agencies;
					(ii)other State or
			 local agencies;
					(iii)chambers of
			 commerce;
					(iv)nonprofit
			 organizations;
					(v)philanthropic
			 organizations;
					(vi)economic
			 development organizations;
					(vii)industry
			 associations;
					(viii)a local or
			 regional Hollings Manufacturing Extension Center; and
					(ix)other
			 organizations, as determined necessary by the members comprising the industry
			 or sector partnership; and
					(D)designates as the
			 fiscal agent for the collaborative group a not-for-profit organization or
			 government entity that is a member of the collaborative group.
				(6)Small-sized
			 manufacturerThe term small-sized manufacturer means
			 a manufacturer that is a small business concern.
			(7)Small business
			 concernThe term small business concern has the
			 meaning given such term under section 3 of the Small Business Act (15 U.S.C.
			 632).
			(8)StateThe
			 term State means each of the 50 States, the District of Columbia,
			 and any territory or possession of the United States.
			3.Establishment of
			 Made In America Incentive Grant Program
			(a)EstablishmentNot
			 later than 180 days after the date of the enactment of this Act, the Secretary
			 of Commerce and the Secretary of Labor shall jointly establish a program under
			 which the secretaries shall jointly award incentive grants to eligible entities
			 to support the manufacturing industry in the United States.
			(b)AdministrationThe
			 Secretary of Labor shall administer the Program with respect to all matters
			 relating to the use of incentive grants for job training and the Secretary of
			 Commerce shall administer the Program with respect to all other matters.
			(c)Eligible
			 entitiesFor purposes of the Program, an eligible entity is any
			 of the following:
				(1)A
			 State.
				(2)A
			 regional partnership.
				(d)DesignationThe
			 program established under subsection (a) shall be known as the Made In
			 America Incentive Grant Program.
			(e)CoordinationIn
			 carrying out the Program, the Secretary of Commerce and the Secretary of Labor
			 shall coordinate with such other heads of Federal agencies as the secretaries
			 consider appropriate.
			4.Incentive
			 grants
			(a)Maximum
			 amountAn incentive grant awarded by the Secretary of Commerce
			 and the Secretary of Labor under the Program may not exceed $20,000,000.
			(b)Use of
			 fundsAn incentive grant
			 awarded by the Secretary of Commerce and the Secretary of Labor under the
			 Program shall be used by the recipient of the incentive grant to carry out a
			 manufacturing enhancement strategy through the following:
				(1)Establishing a
			 revolving loan fund to issue loans to manufacturers to finance the cost of any
			 of the following:
					(A)Retooling,
			 retrofitting, expanding, or establishing (including applicable engineering
			 costs) a manufacturer in the United States, including with respect to
			 equipment, facilities, infrastructure, or capital.
					(B)Activities
			 relating to improving the energy or process efficiency of a manufacturer, but
			 not relating to or involving training.
					(2)Retraining the
			 employees of the manufacturers, including through the awarding of grants to
			 not-for-profit third parties—
					(A)to provide skills
			 necessary to operate new or advanced manufacturing equipment; or
					(B)to sustain or
			 improve the processes of the manufacturer.
					(3)Training new
			 employees of the manufacturers, including through the awarding of grants to
			 not-for-profit third parties—
					(A)to provide
			 on-the-job training;
					(B)to provide
			 off-site training;
					(C)for classroom and
			 on-site experiential learning;
					(D)for the
			 development and implementation of registered apprenticeship programs;
			 and
					(E)for such other
			 activities as the Secretary of Labor considers appropriate for training new
			 employees of the manufacturers.
					(4)Creating or expanding export activity and
			 domestic supply chain opportunities by providing capital and technical
			 expertise to the manufacturers—
					(A)to facilitate new connections in domestic
			 supply chains between small-sized manufacturers and other manufacturers;
			 and
					(B)for such other
			 activities as the Secretary of Commerce considers appropriate.
					(5)Such other
			 activities as the Secretary of Commerce and the Secretary of Labor consider
			 appropriate to carry out a manufacturing enhancement strategy.
				(c)Interest
			 ratesLoans issued under subsection (b)(1) shall bear an interest
			 rate determined by the entity receiving the incentive grant as follows:
				(1)The interest rate
			 shall enable the loan recipient to accomplish the activities described in
			 subparagraphs (A) and (B) of subsection (b)(1).
				(2)The interest rate
			 may be set below market interest rates.
				(3)The interest rate
			 may not be less than zero percent.
				(4)The interest rate
			 may not exceed the current prime rate plus 500 basis points.
				(d)Use of funds in
			 United StatesA recipient of an incentive grant under the Program
			 may only use such grant to carry out activities in the United States and to
			 improve manufacturing in the United States.
			5.Requirements for
			 incentive grant recipients
			(a)Application
				(1)In
			 generalAn entity seeking an
			 incentive grant under the Program shall submit to the Secretary of Commerce and
			 the Secretary of Labor an application therefor at such time, in such form, and
			 in such manner as the Secretary of Commerce and the Secretary of Labor may
			 require.
				(2)ElementsEach application submitted under paragraph
			 (1) shall include the following:
					(A)The manufacturing enhancement strategy for
			 which the entity is seeking an incentive grant under the Program.
					(B)Such other information as the Secretary of
			 Commerce and the Secretary of Labor consider appropriate.
					(3)Proposed
			 manufacturing enhancement strategyEach manufacturing enhancement strategy
			 submitted under paragraph (2)(A) by an entity for an incentive grant shall
			 include the following:
					(A)A description of
			 the plans of the entity to make loans or grants to third parties with funds
			 from the incentive grant and how such plans will improve the competitiveness of
			 a particular industry cluster identified by the entity and of manufacturing in
			 the United States in one or more industries.
					(B)A description of
			 the expected economic return on investment of the entity's manufacturing
			 enhancement strategy with respect to the incentive grant, including the
			 following:
						(i)The
			 number of jobs to be created or retained by third-party recipients of loans or
			 grants issued or awarded by the entity under the Program.
						(ii)The sales to be increased or retained by
			 such third-party recipients.
						(iii)The cost savings to be achieved by such
			 third-party recipients due to energy efficiency savings or other activities
			 supported by loans issued or grants awarded by the entity under the
			 Program.
						(iv)The workforce training investments to be
			 made by the entity or such third-party recipients, including—
							(I)the number of
			 training hours to be provided; and
							(II)a description of
			 the nationally portable, industry recognized credentials or, if not available,
			 other credentials, related to the targeted industry cluster that the entity
			 proposes to support, develop, or use as a performance measure, in order to
			 carry out the goals of the entity with respect to the proposed manufacturing
			 enhancement strategy.
							(v)The
			 amount of capital and technical assistance to be provided to manufacturers to
			 expand the export opportunities, facilitate new domestic supply chains, or
			 carry out other authorized activities.
						(vi)Private
			 investments from the third-party recipients or affiliated private investors
			 leveraged by grant funding.
						(vii)How the entity
			 will address, to the extent practicable, economic distress, including high
			 rates of unemployment, situations of sudden and severe economic dislocation, in
			 particular where mass layoffs result in a precipitous increase in unemployment,
			 and such other similar issues of economic distress as the Secretary of Commerce
			 considers appropriate.
						(C)A description of how the entity intends to
			 establish a Made In America Partnership Board—
						(i)to
			 assist the entity in issuing loans and awarding grants to third parties;
						(ii)to
			 ensure the coordination and best use of Federal, State, regional, and local
			 assets and resources for the implementation of the proposed manufacturing
			 enhancement strategy; and
						(iii)which shall be
			 comprised of, to the extent practicable, representatives of—
							(I)economic
			 development agencies of State and local governments;
							(II)departments of
			 labor;
							(III)workforce
			 investment boards and agencies;
							(IV)institutions of higher education, including
			 community colleges run by a State;
							(V)economic
			 development organizations;
							(VI)chambers of
			 commerce;
							(VII)nonprofit
			 organizations;
							(VIII)philanthropic
			 organizations;
							(IX)industry
			 associations;
							(X)labor
			 organizations;
							(XI)a local or
			 regional Hollings Manufacturing Extension Center; and
							(XII)such other
			 organizations or entities as the entity considers appropriate.
							(D)A description of the plans of the entity to
			 foster, through the Made In America Partnership Board established by the
			 entity, collaboration between Federal entities, State and local economic
			 development organizations and agencies, State and local workforce development
			 organizations and agencies, manufacturers, and institutions of higher education
			 (including community colleges run by a State)—
						(i)to improve resource allocation, including
			 coordinating the use of other Federal, State, and local funding sources to
			 improve intended results;
						(ii)to identify opportunities to leverage
			 additional public and private funding for the purposes of implementing the
			 manufacturing enhancement strategy; and
						(iii)to
			 ensure comprehensive counseling, technical assistance, workforce development,
			 and export assistance are provided to manufacturers.
						(b)Priority for
			 entities with matching funds
				(1)In
			 generalIn awarding incentive grants under the Program to
			 entities to carry out manufacturing enhancement strategies, the Secretary of
			 Commerce and the Secretary of Labor shall give priority to an entity that, with
			 respect to the costs to be incurred by the entity in carrying out a
			 manufacturing enhancement strategy under the Program, the entity identifies and
			 commits contributions in an amount equal to not less than 50 percent of Federal
			 funds provided under the incentive grant.
				(2)Source of
			 contributionsA contribution described in paragraph (1) may
			 consist of non-Federal funds, in-kind contributions, including contributions of
			 space, equipment, services, and such other kinds of funds and contributions as
			 the Secretary of Commerce and the Secretary of Labor consider
			 appropriate.
				(c)Coordination
			 with Hollings Manufacturing Extension CentersEach recipient of
			 an incentive grant under the Program shall coordinate with a Hollings
			 Manufacturing Extension Center as a preferred provider of services to implement
			 the manufacturing enhancement strategy of the recipient as determined by the
			 Secretary of Commerce and the Secretary of Labor.
			(d)Workforce
			 training investments
				(1)In
			 generalNot more than half of amounts appropriated or otherwise
			 made available to carry out the Program may be used as described in paragraphs
			 (2) and (3) of section 4(b).
				(2)Training and
			 retraining of employeesEach
			 recipient of an incentive grant under the Program shall, with respect to
			 training new employees and retraining employees of manufacturers, help
			 postsecondary educational institutions, training institutions, apprenticeship
			 programs, and other training programs align curricula, entrance requirements,
			 and programs to industry demand and nationally portable, industry-recognized
			 credentials (or, if not available for the targeted industry, other credentials,
			 as the Secretary of Labor considers appropriate), particularly for higher
			 skill, high-priority occupations (as determined by the Secretary of
			 Labor).
				(e)Administrative
			 expensesA recipient of an incentive grant under the Program may
			 only use such amount of the incentive grant for costs associated with
			 administering the incentive grant as the Secretary of Commerce and the
			 Secretary of Labor shall specify in solicitations for applications for
			 incentive grants.
			(f)Annual
			 reportsFor each recipient of an incentive grant awarded under
			 the Program, not later than 1 year after the date on which the recipient first
			 receives funds under the Program, and not less frequently than once each year
			 thereafter, the recipient shall submit to the Secretary of Commerce and the
			 Secretary of Labor a report describing—
				(1)the loans and grants issued and awarded by
			 the recipient to third parties using incentive grant funds;
				(2)the achievements
			 with respect to the goals identified in the proposed manufacturing enhancement
			 strategy of the grant recipient;
				(3)for each
			 third-party recipient, the achievements of such third party with respect to
			 relevant goals specified in the proposed manufacturing enhancement strategy of
			 the grant recipient; and
				(4)in the case of a
			 recipient who used grants amounts as described in paragraphs (2) and (3) of
			 section 4(b), common employment outcomes using measures established by the
			 Secretary of Labor.
				6.Establishment of
			 State and local advisory committee requiredThe Secretary of Commerce and the Secretary
			 of Labor shall jointly establish an advisory committee to advise the
			 secretaries with respect to implementing and evaluating the Program, which
			 shall be comprised of the following:
			(1)One or more
			 individuals who represent a State government.
			(2)One or more
			 individuals who represent a local government.
			(3)One or more
			 individuals who represent a regional planning organization or economic
			 development organization.
			(4)One or more
			 individuals who represent the education sector.
			(5)One or more
			 individuals who represent the manufacturing sector.
			(6)One or more
			 individuals who represent a labor organization.
			(7)Such other
			 individuals as the Secretary considers appropriate.
			7.Review and
			 evaluation
			(a)Grant
			 recipientsThe Secretary of Commerce and the Secretary of Labor
			 may review and evaluate the performance of a recipient of an incentive grant
			 under the Program as the secretaries consider appropriate.
			(b)Ineligibility
			 for future grantsThe Secretary of Commerce and the Secretary of
			 Labor may determine a recipient of an incentive grant under the Program to be
			 ineligible to receive additional incentive grants under the Program if the
			 Secretary determines that the recipient has failed to achieve compliance
			 with—
				(1)any applicable
			 guideline or regulation of the Secretary relating to the Program, including
			 with respect to the misuse or misappropriation of funds provided under the
			 Program; or
				(2)the proposed manufacturing enhancement
			 strategy of the recipient.


110 HR 1500 IH: Gasoline Price

U.S. House of Representatives
2007-03-13
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.

		I
		110th CONGRESS
		1st Session
		H. R. 1500
		IN THE HOUSE OF REPRESENTATIVES

			March 13, 2007
			Mr. DeFazio
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committees on
			 Ways and Means,
			 Oversight and Government
			 Reform, Judiciary,
			 Natural Resources, and
			 Foreign Affairs, 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 provide for the stabilization of prices for gasoline,
		  and for other purposes.

		1.Short title and table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Gasoline Price Stabilization
			 Act of 2007.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title and table of contents.
					Sec. 2. Strategic petroleum reserve drawdown.
					Sec. 3. Minimum inventory levels.
					Sec. 4. Ban on exporting of Alaskan oil.
					Sec. 5. Sense of Congress regarding the Organization of the
				Petroleum Exporting Countries and the World Trade Organization.
					Sec. 6. Windfall profits tax and credit for purchasing
				fuel-efficient American-made passenger vehicles.
					Sec. 7. Merger moratoriums.
					Sec. 8. Petroleum Industry Concentration and Market Power
				Review Commission.
					Sec. 9. Increased average fuel economy standards for passenger
				automobiles and light trucks.
					Sec. 10. Fuel economy of the Federal fleet of
				vehicles.

			2.Strategic
			 petroleum reserve drawdown
			(a)Drawdowns
			 authorized to address State or regional economic harmSection 161(d)(2)(C) of the Energy Policy
			 and Conservation Act (42 U.S.C. 6241(d)(2)(C)) is amended by inserting ,
			 or on a State or regional economy after national
			 economy.
			(b)Drawdowns
			 authorized to combat anti-competitive conductSection 161(d) of the Energy Policy and
			 Conservation Act (42 U.S.C. 6241(d)) is further amended by adding at the end
			 the following new paragraph:

					(3)(A)For purposes of this section, in
				addition to the circumstances set forth in section 3(8) and in paragraph (2) of
				this subsection, a severe energy supply interruption exists if the President
				determines that—
						(i)there is a significant reduction in
				supply that—
							(I)is of significant scope and
				duration; and
							(II)has caused a significant increase
				in the price of petroleum products;
							(ii)the increase in price is likely to
				cause a significant adverse impact on the national economy, or on a State or
				regional economy; and
						(iii)the reduction in supply is substantially
				caused by conduct that lessens competition (or tends to create a monopoly)
				by—
							(I)at least one foreign country or
				international entity; or
							(II)at least one producer, refiner, or
				marketer of petroleum products.
							(B)Proceeds from the sale of petroleum
				drawn down pursuant to a Presidential determination under subparagraph (A)
				shall—
						(i)be deposited in the SPR Petroleum
				Account established under section 167; and
						(ii)be used only for the purposes
				specified in such
				section.
						.
			(c)Reporting and
			 consultation requirementsWhen the price of a barrel of crude oil
			 exceeds $50 (in constant 2005 United States dollars) on the New York Mercantile
			 Exchange for a period greater than 14 days, the President, through the
			 Secretary of Energy, shall, not later than 30 days after the end of the 14-day
			 period, submit to Congress a report that—
				(1)states the results
			 of a comprehensive review of the causes and potential consequences of the price
			 increase;
				(2)provides an
			 estimate of the likely duration of the price increase, based on analyses and
			 forecasts of the Energy Information Administration;
				(3)provides an
			 analysis of the effects of the price increase on the cost of gasoline at the
			 wholesale and retail levels; and
				(4)states whether,
			 and provides a specific rationale for why, the President does or does not
			 support the drawdown and distribution of a specified amount of oil from the
			 Strategic Petroleum Reserve.
				(d)General
			 accounting office studyThe
			 Comptroller General of the United States shall, not later than one year after
			 the date of the enactment of this Act, submit to Congress a review of the
			 drawdown authority of the President with respect to the Strategic Petroleum
			 Reserve. Such review shall address—
				(1)how and why the
			 authority has changed over time;
				(2)under what
			 circumstances Presidents have actually exercised the authority;
				(3)what the impact on
			 oil prices was as a result of the exercising of the presidential authority;
			 and
				(4)the implications of expanding the drawdown
			 authority beyond the severe energy supply interruption standard described in
			 section 3(8) or 161(d) of the Energy Policy and Conservation Act (42 U.S.C.
			 6202(8), 6241(d)), by—
					(A)allowing the
			 release of oil as a regular hedging tool for oil companies;
					(B)allowing such
			 companies to tap the Strategic Petroleum Reserve as necessary to dampen price
			 shocks; and
					(C)requiring such
			 companies to replace the oil (and additional barrels) at some predetermined
			 time in the future.
					3.Minimum inventory
			 levels
			(a)Establishing
			 minimum levelsThe Secretary
			 of Energy shall establish minimum inventory levels that producers, refiners,
			 and marketers of crude oil and petroleum products must maintain in order to
			 limit the impact unexpected supply disruptions have on prices at the wholesale
			 and retail levels.
			(b)Regional
			 variationsFor purposes of subsection (a), the minimum inventory
			 levels shall take into account regional variations in supply and demand, and
			 market structure.
			(c)Administrative
			 proceduresFor purposes of subsection (a), the Secretary may
			 perform the following procedures:
				(1)Different
			 industry segmentsSet varying levels for each segment of the oil
			 industry as the Secretary determines appropriate.
				(2)Different
			 productsSet different levels for the various crude oil and
			 petroleum products, including gasoline, home heating oil, and jet fuel.
				(3)Seasonal
			 adjustmentAdjust minimum inventory levels to reflect seasonal
			 adjustments.
				4.Ban
			 on exporting of Alaskan oil
			(a)Repeal of
			 provision authorizing exportsSection 28(s) of the Mineral Leasing Act
			 (30 U.S.C. 185(s)) is repealed.
			(b)Reimposition of
			 prohibition on crude oil exportsSection 7(d) of the Export
			 Administration Act of 1979 (50 U.S.C. App. 2406(d)) shall be effective as of
			 the date of the enactment of this Act, and those provisions of the Export
			 Administration Act of 1979 (including sections 11 and 12) shall apply to the
			 extent necessary to carry out such section 7(d), notwithstanding section 20 of
			 such Act and notwithstanding any other provision of law that would otherwise
			 allow the export of oil to which such section 7(d) applies.
			5.Sense of Congress
			 regarding the Organization of the Petroleum Exporting Countries and the World
			 Trade Organization
			(a)FindingsCongress makes the following
			 findings:
				(1)No free market
			 exists in oil production because of collusion among large oil-producing
			 countries.
				(2)The Organization
			 of the Petroleum Exporting Countries (in this section referred to as
			 OPEC) and other oil-producing countries have repeatedly agreed
			 to coordinated cutbacks in production, thus manipulating world oil markets,
			 resulting in de facto price fixing.
				(3)Such manipulation
			 led to the highest price per barrel of oil in nearly a decade, substantial
			 increases in consumer prices for items such as home heating oil and gasoline,
			 and continued price volatility.
				(4)Rising oil prices
			 greatly harm consumers, farmers, small businesses, and manufacturers, increase
			 the likelihood of inflation, increase the cost of conducting interstate and
			 international commerce, and pose a strong threat to continued economic growth.
				(5)Article XI of the
			 General Agreement on Tariffs and Trade of 1994 (in this section referred to as
			 GATT) prohibits members of the World Trade Organization (in this
			 section referred to as WTO) from setting quantitative
			 restrictions on the import or export of resources or products across their
			 borders; specifically the language reads: No prohibitions or
			 restrictions other than duties, taxes or other charges, whether made effective
			 through quotas, import or export licenses or other measures, shall be
			 instituted or maintained by any contracting party on the importation of any
			 product of the territory of any other contracting party or on the exportation
			 or sale for export of any product destined for the territory of any other
			 contracting party..
				(6)The precise
			 meaning of such article XI was spelled out in a GATT Panel Report issued in
			 1988 entitled Japan—Trade in Semi-conductors, which notes,
			 . . . this wording [in article XI] was comprehensive: it applied to all
			 measures instituted or maintained by a contracting party prohibiting or
			 restricting the importation, exportation, or sale for export of products other
			 than measures that take the form of duties, taxes, or other charges. . . . This
			 wording indicated clearly that any measure instituted or maintained by a
			 contracting party which restricted the exportation or sale for export of
			 products was covered by this provision, irrespective of the legal status of the
			 measure..
				(7)Oil production
			 restrictions clearly qualify as a quantitative restriction based
			 on the original WTO rules and the 1988 GATT panel report, which certify that
			 only duties, taxes, or other charges are allowable, not pacts
			 among countries to limit production of a product for export.
				(8)Article XX of
			 GATT, which sets out a series of exceptions to article XI, notes that none of
			 the exceptions is valid if it is applied in a manner which would
			 constitute . . . a disguised restriction on international trade, a
			 phrase which describes production restrictions of OPEC.
				(9)Of the 12 OPEC countries, eight are members
			 of the WTO (Angola, Kuwait, Indonesia, Nigeria, Qatar, Venezuela, Saudi Arabia,
			 and United Arab Emirates), and four have observer status and have applied to
			 join the WTO (Algeria, Libya, Iran, Iraq).
				(10)In addition, of
			 the remaining large oil-producing nations, Mexico, Norway, and Oman are members
			 of the WTO, and Russia has applied for membership.
				(11)Given the
			 substantial WTO membership and pending membership of oil-producing countries,
			 filing a complaint would likely have an immediate impact on the current and
			 future behavior of these countries.
				(b)Filing of
			 complaintThe President shall instruct the United States Trade
			 Representative to file a complaint in the World Trade Organization against
			 oil-producing countries for violating their obligations under the rules of that
			 organization.
			6.Windfall profits tax
			 and credit for purchasing fuel-efficient American-made passenger
			 vehicles
			(a)Windfall profits
			 tax
				(1)In
			 generalSubtitle E of the
			 Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other
			 excise taxes) is amended by adding at the end thereof the following new
			 chapter:

						56Windfall profits
				on crude oil

								Sec. 5896. Imposition of
				  tax.
								Sec. 5897. Windfall profit;
				  removal price; adjusted base price; qualified investment.
								Sec. 5898. Special rules and
				  definitions.

							5896.Imposition of
				tax
								(a)In
				generalIn addition to any
				other tax imposed under this title, there is hereby imposed on any integrated
				oil company (as defined in section 291(b)(4)) an excise tax equal to the excess
				of—
									(1)the amount equal to 50 percent of the
				windfall profit from all barrels of taxable crude oil removed from the property
				during each taxable year, over
									(2)the amount of qualified investment by such
				company during such taxable year.
									(b)Fractional part
				of barrelIn the case of a
				fraction of a barrel, the tax imposed by subsection (a) shall be the same
				fraction of the amount of such tax imposed on the whole barrel.
								(c)Tax paid by
				producerThe tax imposed by
				this section shall be paid by the producer of the taxable crude oil.
								5897.Windfall profit;
				removal price; adjusted base price; qualified investment
								(a)General
				ruleFor purposes of this
				chapter, the term windfall profit means the excess of the removal
				price of the barrel of taxable crude oil over the adjusted base price of such
				barrel.
								(b)Removal
				priceFor purposes of this
				chapter—
									(1)In
				generalExcept as otherwise
				provided in this subsection, the term removal price means the
				amount for which the barrel of taxable crude oil is sold.
									(2)Sales between
				related personsIn the case
				of a sale between related persons, the removal price shall not be less than the
				constructive sales price for purposes of determining gross income from the
				property under section 613.
									(3)Oil removed from
				property before saleIf crude
				oil is removed from the property before it is sold, the removal price shall be
				the constructive sales price for purposes of determining gross income from the
				property under section 613.
									(4)Refining begun
				on propertyIf the
				manufacture or conversion of crude oil into refined products begins before such
				oil is removed from the property—
										(A)such oil shall be treated as removed on the
				day such manufacture or conversion begins, and
										(B)the removal price shall be the constructive
				sales price for purposes of determining gross income from the property under
				section 613.
										(5)PropertyThe term property has the
				meaning given such term by section 614.
									(c)Adjusted base
				price defined
									(1)In
				generalFor purposes of this
				chapter, the term adjusted base price means $50 for each barrel of
				taxable crude oil plus an amount equal to—
										(A)such base price, multiplied by
										(B)the inflation adjustment for the calendar
				year in which the taxable crude oil is removed from the property.
										The amount determined under the
				preceding sentence shall be rounded to the nearest cent.(2)Inflation
				adjustment
										(A)In
				generalFor purposes of
				paragraph (1), the inflation adjustment for any calendar year after 2008 is the
				percentage by which—
											(i)the implicit price deflator for the gross
				national product for the preceding calendar year, exceeds
											(ii)such deflator for the calendar year ending
				December 31, 2007.
											(B)First revision
				of price deflator usedFor
				purposes of subparagraph (A), the first revision of the price deflator shall be
				used.
										(d)Qualified
				investmentFor purposes of
				this chapter—
									(1)In
				generalThe term
				qualified investment means any amount paid or incurred with
				respect to—
										(A)section 263(c) costs,
										(B)qualified refinery property (as defined in
				section 179C(c) and determined without regard to any termination date),
										(C)any qualified facility described in
				paragraph (1), (2), (3), or (4) of section 45(d) (determined without regard to
				any placed in service date),
										(D)any facility for the production of alcohol
				used as a fuel (within the meaning of section 40) or biodiesel or
				agri-biodiesel used as a fuel (within the meaning of section 40A).
										(2)Section
				263(c) costsFor purposes of this subsection, the term
				section 263(c) costs means intangible drilling and development
				costs incurred by the taxpayer which (by reason of an election under section
				263(c)) may be deducted as expenses for purposes of this title (other than this
				paragraph). Such term shall not include costs incurred in drilling a
				nonproductive well.
									5898.Special rules and
				definitions
								(a)Withholding and
				deposit of taxThe Secretary
				shall provide such rules as are necessary for the withholding and deposit of
				the tax imposed under section 5896 on any taxable crude oil.
								(b)Records and
				informationEach taxpayer
				liable for tax under section 5896 shall keep such records, make such returns,
				and furnish such information (to the Secretary and to other persons having an
				interest in the taxable crude oil) with respect to such oil as the Secretary
				may by regulations prescribe.
								(c)Return of
				windfall profit taxThe
				Secretary shall provide for the filing and the time of such filing of the
				return of the tax imposed under section 5896.
								(d)DefinitionsFor purposes of this chapter—
									(1)ProducerThe term producer means the
				holder of the economic interest with respect to the crude oil.
									(2)Crude
				oil
										(A)In
				generalThe term crude
				oil includes crude oil condensates and natural gasoline.
										(B)Exclusion of
				newly discovered oilSuch
				term shall not include any oil produced from a well drilled after the date of
				the enactment of the Gasoline Price
				Stabilization Act of 2007, except with respect to any oil
				produced from a well drilled after such date on any proven oil or gas property
				(within the meaning of section 613A(c)(6)(A)).
										(3)BarrelThe term barrel means 42
				United States gallons.
									(e)Adjustment of
				removal priceIn determining
				the removal price of oil from a property in the case of any transaction, the
				Secretary may adjust the removal price to reflect clearly the fair market value
				of oil removed.
								(f)RegulationsThe Secretary shall prescribe such
				regulations as may be necessary or appropriate to carry out the purposes of
				this chapter.
								(g)TerminationThis section shall not apply to taxable
				crude oil removed after the date which is 3 years after the date of the
				enactment of this
				section.
								.
				(2)Clerical
			 amendmentThe table of
			 chapters for subtitle E of the Internal Revenue Code of 1986 is amended by
			 adding at the end the following new item:

							Chapter 56. Windfall profit on
				crude
				oil.

						.
				(3)Deductibility of
			 windfall profit taxThe first
			 sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to
			 deduction for taxes) is amended by inserting after paragraph (5) the following
			 new paragraph:

						(6)The windfall profit tax imposed by section
				5896.
						.
				(4)Effective
			 date
					(A)In
			 generalThe amendments made
			 by this section shall apply to crude oil removed after the date of the
			 enactment of this Act, in taxable years ending after such date.
					(B)Transitional
			 rulesFor the period ending
			 December 31, 2007, the Secretary of the Treasury or the Secretary’s delegate
			 shall prescribe rules relating to the administration of chapter 56 of the
			 Internal Revenue Code of 1986. To the extent provided in such rules, such rules
			 shall supplement or supplant for such period the administrative provisions
			 contained in chapter 56 of such Code (or in so much of subtitle F of such Code
			 as relates to such chapter 56).
					(b)Credit for
			 purchasing fuel-efficient American-made passenger vehicles
				(1)In
			 generalSubpart A of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is
			 amended by inserting after section 25D the following new section:

						25E.Purchase of
				fuel-efficient American-made passenger vehicles
							(a)In
				generalIn the case of an individual, there shall be allowed as a
				credit against the tax imposed by this chapter for the taxable year an amount
				equal to the cost of any qualified passenger vehicle purchased by the taxpayer
				during the taxable year.
							(b)Maximum
				creditThe credit allowed by this section for the taxable year
				shall not exceed—
								(1)$3,000 in the case
				of a qualified passenger vehicle not described in paragraph (2) or (3),
								(2)$4,500 in the case
				of a qualified passenger vehicle the fuel economy of which is—
									(A)in the case of a
				truck or sport utility vehicle, at least 45 miles per gallon but less than 55
				miles per gallon, and
									(B)in any other case,
				at least 55 miles per gallon but less than 65 miles per gallon, and
									(3)$6,000 in the case
				of a qualified passenger vehicle the fuel economy of which is—
									(A)in the case of a
				truck or sport utility vehicle, at least 55 miles per gallon, and
									(B)in any other case,
				at least 65 miles per gallon.
									(c)Qualified
				passenger vehicleFor purposes of this section—
								(1)In
				generalThe term qualified passenger vehicle means
				any automobile (as defined in section 4064(b)(1))—
									(A)which is purchased
				after the date of the enactment of this section,
									(B)which is assembled
				in the United States by individuals employed under a collective bargaining
				agreement,
									(C)the original use
				of which begins with the taxpayer,
									(D)substantially all
				of the use of which is for personal, nonbusiness purposes, and
									(E)the fuel economy
				of such automobile is—
										(i)at
				least 35 miles per gallon in the case of a truck or sport utility vehicle,
				and
										(ii)at least 45 miles
				per gallon in any other case.
										(2)Fuel
				economyFuel economy shall be determined in accordance with
				section 4064.
								(d)Special
				rules
								(1)Basis
				reductionThe basis of any property for which a credit is
				allowable under subsection (a) shall be reduced by the amount of such
				credit.
								(2)Property used
				outside United States not qualifiedNo credit shall be allowed
				under subsection (a) with respect to any property referred to in section
				50(b)(1).
								.
				(2)Clerical
			 amendmentThe table of sections for such subpart A is amended by
			 inserting after the item relating to section 25D the following new item:

							Sec. 25E. Purchase of fuel-efficient
				American-made passenger
				vehicles.

						.
				(3)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years ending after the date of the enactment of this Act.
				7.Merger
			 moratoriums
			(a)Prohibition on
			 certain mergers in oil industrySection 7 of the Clayton Act (15
			 U.S.C. 18) is amended by adding at the end the following:

						No person engaged in commerce in the petroleum
				  industry may be acquired by another person unless the acquisition is likely to
				  result in a net benefit to consumers by maintaining or increasing
				  competition.
					.
			(b)Moratorium on
			 large petroleum and cruel oil mergers
				(1)One-year
			 moratoriumDuring the one-year period beginning on the date of
			 the enactment of this Act and except as provided in paragraph (2), with respect
			 to petroleum and crude oil products no explorer, producer, transporter,
			 refiner, or wholesale distributor of such products, or operator of a retail
			 gasoline outlet, with annual net sales or total assets of more than $10,000,000
			 shall merge or acquire, directly or indirectly, any voting securities or assets
			 of any other such explorer, producer, transporter, refiner, distributor, or
			 operator with annual net sales or total assets of more than $10,000,000.
				(2)Waiver
			 AuthorityThe Attorney
			 General may waive the moratorium imposed by paragraph (1) only under
			 extraordinary circumstances, such as insolvency or similar financial distress
			 of one of the affected parties.
				8.Petroleum
			 Industry Concentration and Market Power Review Commission
			(a)Establishment of
			 commissionThere is
			 established a commission to be known as the Petroleum Industry
			 Concentration and Market Power Review Commission (in this section
			 referred to as the Commission).
			(b)Duties of the
			 commission
				(1)Study on
			 petroleum industryThe
			 Commission shall study the nature, causes, and consequences of concentration of
			 ownership in the exploration, production, transportation, refinement, wholesale
			 distribution, and retail sale of crude oil and petroleum products in the United
			 States in the broadest possible terms.
				(2)Issues to be
			 addressedThe study shall
			 include an examination of the following matters:
					(A)The nature and
			 extent of the concentration described in paragraph (1).
					(B)Current trends in
			 such concentration and what such industry is likely to look like in the near
			 term and longer term future.
					(C)The effect of such
			 concentration on the exploration, production, transportation, refinement,
			 wholesale distribution, and retail sale of crude oil and petroleum
			 products.
					(D)The effect of such
			 concentration on prices at the wholesale and retail levels.
					(E)The effect of such
			 concentration on consumers of petroleum products, including retail consumers,
			 businesses (including fuel dependent industries such as aviation and trucking),
			 and farmers.
					(F)The relationship
			 between current laws and administrative practices and the support and
			 encouragement of such concentration.
					(G)Such related
			 matters as the Commission determines to be important.
					(c)Membership of
			 commission
				(1)CompositionThe Commission shall be composed of 12
			 members as follows:
					(A)Three persons
			 shall be appointed by the President pro tempore of the Senate upon the
			 recommendation of the Majority Leader of the Senate, after consultation with
			 the Chairman of the Committee on Energy and Natural Resources.
					(B)Three persons shall be appointed by the
			 President pro tempore of the Senate upon the recommendation of the Minority
			 Leader of the Senate, after consultation with the ranking minority member of
			 the Committee on Energy and Natural Resources.
					(C)Three persons shall be appointed by the
			 Speaker of the House of Representatives, after consultation with the Chairman
			 of the Committee on Energy and Commerce.
					(D)Three persons shall be appointed by the
			 Minority Leader of the House of Representatives, after consultation with the
			 ranking minority member of the Committee on Energy and Commerce.
					(2)Qualifications
			 of members
					(A)AppointmentsPersons who are appointed under paragraph
			 (1) shall be persons who—
						(i)have expertise in
			 petroleum economics and antitrust, or have other pertinent qualifications or
			 experience relating to petroleum industries; and
						(ii)are
			 not officers or employees of the United States.
						(B)Other
			 considerationPersons who are
			 appointed under paragraph (1) shall—
						(i)be
			 representative of a broad cross sector of—
							(I)explorers,
			 producers, transporters, refiners, wholesale distributors, and retail sellers
			 in the petroleum industry;
							(II)various antitrust
			 perspectives within the United States; and
							(III)consumers,
			 fuel-dependent businesses, and other interests that the Secretary considers
			 necessary to ensure a balanced representation of perspectives and expertise in
			 the petroleum industry; and
							(ii)provide fresh
			 insights to analyzing the causes and impacts of the concentration of ownership
			 described in subsection (b)(1).
						(3)Period of
			 appointment and vacancies
					(A)Period of
			 appointmentMembers shall be
			 appointed not later than 60 days after the date of enactment of this Act and
			 the appointment shall be for the life of the Commission.
					(B)VacanciesAny vacancy in the Commission shall not
			 affect its powers, but shall be filled in the same manner as the original
			 appointment.
					(4)Meetings
					(A)In
			 generalThe Commission shall
			 meet at the call of the Chairman.
					(B)Initial
			 meetingNot later than 30 days after the date on which all
			 members of the Commission have been appointed, the Commission shall hold its
			 first meeting.
					(5)Chairman and
			 vice chairmanThe members of
			 the Commission shall elect a chairman and vice chairman from among the members
			 of the Commission.
				(6)QuorumA majority of the members of the Commission
			 shall constitute a quorum for the transaction of business.
				(d)Final
			 report
				(1)Findings,
			 conclusion, and recommendations of CommissionNot later than 12
			 months after the date of the initial meeting of the Commission, the Commission
			 shall submit to the President and Congress a final report that contains—
					(A)the findings and
			 conclusions of the study of the Commission required under subsection (b);
			 and
					(B)recommendations
			 for addressing any problems identified in such study.
					(2)Separate
			 viewsAny member of the
			 Commission may submit additional findings and recommendations as part of the
			 final report.
				(e)Powers of
			 commission
				(1)HearingsThe
			 Commission may hold such hearings, sit and act at such times and places, take
			 such testimony, and receive such evidence as the Commission may find advisable
			 to fulfill the requirements of this section. The Commission shall hold at least
			 one hearing in Washington, D.C., and at least four in a variety of geographic
			 regions of the United States.
				(2)Information from
			 Federal agenciesThe Commission may secure directly from any
			 Federal department or agency such information as the Commission considers
			 necessary to carry out the provisions of this section. Upon request of the
			 Chairman of the Commission, the head of such department or agency shall furnish
			 such information to the Commission.
				(3)MailsThe
			 Commission may use the United States mails in the same manner and under the
			 same conditions as other departments and agencies of the Federal
			 Government.
				(f)Commission
			 personnel matters
				(1)Compensation of
			 membersEach member of the Commission shall be compensated at a
			 rate equal to the daily equivalent of the annual rate of basic pay prescribed
			 for level IV of the Executive Schedule under section 5315 of title 5, United
			 States Code, for each day (including travel time) during which such member is
			 engaged in the performance of the duties of the Commission.
				(2)Travel
			 expensesThe members of the Commission shall be allowed travel
			 expenses, including per diem in lieu of subsistence, at rates authorized for
			 employees of agencies under subchapter I of chapter 57 of title 5, United
			 States Code, while away from their homes or regular places of business in the
			 performance of duties of the Commission.
				(3)Staff
					(A)In
			 generalThe Chairman of the
			 Commission may, without regard to the civil service laws and regulations,
			 appoint and terminate an executive director and such other additional personnel
			 as may be necessary to enable the Commission to perform its duties. The
			 employment of an executive director shall be subject to confirmation by the
			 Commission.
					(B)CompensationThe
			 Chairman of the Commission may fix the compensation of the executive director
			 and other personnel without regard to the provisions of chapter 51 and
			 subchapter III of chapter 53 of title 5, United States Code, relating to
			 classification of positions and General Schedule pay rates, except that the
			 rate of pay for the executive director and other personnel may not exceed the
			 rate payable for level V of the Executive Schedule under section 5316 of such
			 title.
					(4)Detail of
			 government employeesUpon
			 request of the Chairman, the head of any Federal department or agency may
			 detail any of the personnel of that department or agency to the Commission to
			 assist it in carrying out its duties under this section. Such detail shall be
			 without reimbursement and without interruption or loss of civil service status
			 or privilege.
				(5)Procurement of
			 temporary and intermittent servicesThe Chairman of the Commission may procure
			 temporary and intermittent services under section 3109(b) of title 5, United
			 States Code, at rates for individuals which do not exceed the daily equivalent
			 of the annual rate of basic pay prescribed for level V of the Executive
			 Schedule under section 5316 of such title.
				(g)Support
			 servicesThe Administrator of
			 General Services shall provide to the Commission on a reimbursable basis such
			 administrative support services as the Commission may request.
			(h)Authorization for
			 appropriationsThere is
			 authorized to be appropriated $2,000,000 to carry out the provisions of this
			 section.
			9.Increased average
			 fuel economy standards
			(a)In
			 GeneralSection 32902 of title 49, United States Code, is
			 amended—
				(1)in subsection
			 (c)—
					(A)by striking
			 (1) Subject to paragraph (2) of this subsection, the and
			 inserting The; and
					(B)by striking
			 paragraph (2); and
					(2)by redesignating
			 subsections (i) and (j) in order as subsections (k) and (l), and by inserting
			 after subsection (h) the following:

						(i)Standards for
				Model Years After 2009The Secretary of Transportation shall
				prescribe by regulation average fuel economy standards for automobiles
				manufactured by a manufacturer in model years after model year 2009, that
				shall—
							(1)ensure that the
				average fuel economy achieved by automobiles (including passenger automobiles)
				manufactured by a manufacturer in model years after 2017 is no less than 37
				miles per gallon, and in model years after 2022 is no less than 40 miles per
				gallon;
							(2)ensure that
				improvements to fuel economy standards do not degrade the safety of automobiles
				manufactured by a manufacturer; and
							(3)maximize the
				retention of jobs in the automobile manufacturing sector of the United
				States.
							(j)Sized-Based
				StandardsThe Secretary may establish separate standards for
				different classes of automobiles (including passenger automobiles) according to
				size.
						.
				(b)Conforming
			 AmendmentsSuch section is further amended—
				(1)in subsection
			 (c)(1) in the first sentence by inserting and subsection (i)
			 after of this subsection; and
				(2)in subsection (k)
			 (as redesignated by subsection (a)) by striking or (g) and
			 inserting (g), or (i).
				10.Fuel economy of
			 the Federal fleet of vehicles
			(a)Baseline average
			 fuel economyThe head of each executive agency shall determine,
			 for each class of vehicles that are in the agency’s fleet of vehicles in fiscal
			 year 2008, the average fuel economy for all of the vehicles in that class that
			 are in the agency’s fleet of vehicles for that fiscal year. For the purposes of
			 this section, the average fuel economy so determined for the agency’s vehicles
			 in a class of vehicles shall be the baseline average fuel economy for the
			 agency’s fleet of vehicles in that class.
			(b)Increase of
			 average fuel economyThe head of an executive agency shall manage
			 the procurement of vehicles in each class of vehicles for that agency in such a
			 manner that—
				(1)not later than
			 September 30, 2010, the average fuel economy of the new vehicles in the
			 agency’s fleet of vehicles in each class of vehicles is not less than three
			 miles per gallon higher than the baseline average fuel economy determined for
			 that class; and
				(2)not later than
			 September 30, 2013, the average fuel economy of the new vehicles in the
			 agency’s fleet of vehicles in each class of vehicles is not less than six miles
			 per gallon higher than the baseline average fuel economy determined for that
			 class.
				(c)Calculation of
			 average fuel economyAverage
			 fuel economy shall be calculated for the purposes of this section in accordance
			 with guidance which the Secretary of Transportation shall prescribe for the
			 implementation of this section.
			(d)Definitions
				(1)The term “class of
			 vehicles” means a class of vehicles for which an average fuel economy standard
			 is in effect under chapter 329 of title 49, United States Code.
				(2)The term
			 “executive agency” has the meaning given the term in section 4(1) of the Office
			 of Federal Procurement Policy Act (41 U.S.C. 403(1)).
				(3)The term “new vehicle”, with respect to the fleet of vehicles of an executive
			 agency, means a vehicle procured by or for the agency after September 30,
			 2009.


116 HR 3790 IH: Residential Recovery Zone Act
U.S. House of Representatives
2019-07-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3790IN THE HOUSE OF REPRESENTATIVESJuly 17, 2019Mr. Dunn introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Internal Revenue Code of 1986 to provide for a credit against tax for homebuyers
			 purchasing residences in residential recovery zones, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Residential Recovery Zone Act. 2.Residential recovery zone homebuyer credit (a)In generalSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section:

					25E.Residential recovery zone homebuyer credit
						(a)Allowance of credit
 (1)In generalIn the case of an individual who purchases a principal residence in a residential recovery zone during a taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 10 percent of the purchase price of the residence.
 (2)TimingAt the election of an individual, the credit allowed under subsection (a) for a taxable year may be allowed instead during any one on the subsequent 3 taxable years.
							(b)Limitations
							(1)Dollar limitation
 (A)In generalExcept as otherwise provided in this paragraph, the credit allowed under subsection (a) shall not exceed $8,000.
 (B)Married individuals filing separatelyIn the case of a married individual filing a separate return, subparagraph (A) shall be applied by substituting $4,000 for $8,000.
 (C)Other individualsIf two or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $8,000.
 (2)Limitation based on purchase priceNo credit shall be allowed under subsection (a) for the purchase of any residence if the purchase price of such residence exceeds $1,500,000.
 (c)DefinitionsFor purposes of this section— (1)Residential recovery zone defined (A)In generalThe term residential recovery zone means, with respect to a Federally declared disaster, a population census tract that is—
 (i)in the disaster area related to such disaster, and (ii)designated under subparagraph (B).
 (B)DesignationA population census tract is designated under this paragraph with respect to a Federally declared disaster if, during the period beginning on the earliest incident date specified in the declaration to which such area relates and ending on the date that is one year after such date—
 (i)the chief executive officer of the State in which the tract is located— (I)nominates the tract for designation as a residential recovery zone, and
 (II)notifies the Secretary in writing of such nomination, and (ii)the Secretary certifies such nomination and designates such tract as a residential recovery zone.
 (C)Duration of designationA designation under subparagraph (B) shall terminate on the date that is 3 years after the date of the certification described in subparagraph (B)(ii).
 (D)State; Federally declared disaster; disaster areaThe term State has the meaning given such terms in section 1400Z–1, and Federally declared disaster and disaster area have the meaning given such terms in section 165(i). (2)Principal residenceThe term principal residence has the same meaning as when used in section 121.
 (3)Purchase; purchase priceThe term purchase and purchase price have the meanings given such terms in section 36(c). (d)ExceptionsNo credit under subsection (a) shall be allowed to any taxpayer for any taxable year with respect to the purchase of a residence if—
 (1)a deduction under section 151 with respect to such taxpayer is allowable to another taxpayer for such taxable year, or
 (2)the taxpayer fails to attach to the return of tax for such taxable year a properly executed copy of the settlement statement used to complete such purchase.
							(e)Recapture of credit
 (1)In generalIf a residence with respect to which a credit was allowed under subsection (a) ceases to be the principal residence of the taxpayer before the end of the 3-year period beginning on the date of the purchase of such residence the tax imposed by this chapter for the taxable year of cessation shall be increased by the amount of the credit so allowed and claimed.
							(2)Exceptions
 (A)Death of taxpayerParagraph (1) shall not apply if the cessation is attributable to the taxpayer’s death. (B)Involuntary conversionParagraph (1) shall not apply if the cessation is attributable to a compulsorily or involuntarily conversion (within the meaning of section 1033(a)) and the taxpayer acquires a new principal residence during the 2-year period beginning on the date of such cessation.
								(C)Special rule for members of the armed forces, etc
 (i)In generalParagraph (1) shall not apply if the cessation is attributable to Government orders received by such individual, or such individual’s spouse, for service on qualified official extended duty as—
 (I)a member of the uniformed services, (II)a member of the Foreign Service of the United States, or
 (III)an employee of the intelligence community. (ii)DefinitionsAny term used in this subparagraph which is also used in section 121(d)(9) shall have the same meaning as when used in such paragraph.
									.
 (b)Clerical amendmentThe table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item:

						Sec. 25E. Residential recovery zone homebuyer credit. .
 (c)Effective dateThe amendments made by this section shall apply with respect to purchases in taxable years beginning after the date that is 1 year before the date of the enactment of this Act.
			3.Treatment as opportunity zones
 (a)In generalSection 1400Z–1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

					(g)Certain disaster zones
 (1)DesignationWith respect to a Federally declared disaster, the chief executive officer of a State may designate under this paragraph not more than 5 percent of the applicable disaster tracts in such State with respect to such disaster.
 (2)No effect on limitation on number of designationsAn applicable disaster tract designated under paragraph (1) shall not be taken into account in determining the limitation under subsection (d).
 (3)Applicable disaster tractThe term applicable disaster tract means, with respect to a Federally declared disaster, a population census tract in the disaster area related to such disaster.
 (4)Federally declared disaster; disaster areaIn this subsection, the term Federally declared disaster and the term disaster area have the meaning given such terms in section 165(i). (5)Applicable start date (A)Qualified opportunity fund businesses and propertyIn the case of an applicable disaster tract designated under paragraph (1), subparagraphs (B)(i)(I), (C)(i), and (D)(i)(I) of section 1400Z–2(d)(2) shall each be applied by substituting the applicable start date for December 31, 2017.
 (B)Extension of determination periodIn the case of an applicable disaster tract designated under paragraph (1), section (c)(2)(B) shall be applied by substituting the applicable start date for the date of the enactment of the Tax Cuts and Jobs Act.
 (C)Applicable start dateThe term applicable start date means, with respect to a disaster area, the earliest incident date specified in the declaration to which such area relates..
 (b)Effective dateThe amendments made by this section shall apply with respect to Federally declared disasters declared after the date of the enactment of this Act.
 4.Credit under the Community Reinvestment Act of 1977 for lending in a residential recovery zoneSection 804 of the Community Reinvestment Act of 1977 (12 U.S.C. 2903) is amended by adding at the end the following:

 (e)Residential recovery zone loansIn assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency shall consider as a factor lending activities to individuals and businesses that are located in a residential recovery zone (as defined under section 36A(c) of the Internal Revenue Code of 1986)..


		II
		110th CONGRESS
		1st Session
		S. 683
		IN THE SENATE OF THE UNITED STATES

			February 26, 2007
			Mr. Schumer introduced
			 the following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To amend section 9 of the United States Housing Act of
		  1937 to ensure that operating and capital assistance is provided for certain
		  previously assisted public housing dwelling units.

		1.Short
			 titleThis Act may be cited as
			 the Public Housing Equal Treatment Act
			 of 2007.
		2.Treatment of
			 certain previously assisted public housing
			(a)In
			 generalSection 9 of the United States Housing Act of 1937 (42
			 U.S.C. 1437g) is amended by adding at the end the following new
			 subsection:

					(o)Ensuring
				correct assistanceNotwithstanding any other provision of law, in
				determining the allocations for each public housing agency from the Operating
				and Capital Funds pursuant to this section, the Secretary shall include as
				dwelling units eligible for such assistance all public housing dwelling units
				that—
						(1)are owned by the
				public housing agency at the time of such determination; and
						(2)before the date
				of the enactment of the Public Housing Equal Treatment Act of 2007 have
				received development, operating, capital, or modernization assistance pursuant
				to the terms of any agreement with Department of Housing and Urban Development
				authorizing the agency to expend such funds on behalf of such
				units.
						.
			(b)ApplicabilityThe
			 amendment made by subsection (a) shall apply with respect to assistance under
			 section 9 of the United States Housing Act of 1937 for fiscal year 2008 and
			 each fiscal year thereafter.