116 HR 7205 IH: Nationwide Dig Once Act of 2020
U.S. House of Representatives
2020-06-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
116th CONGRESS2d Session
H. R. 7205
IN THE HOUSE OF REPRESENTATIVES

June 15, 2020
Ms. Eshoo (for herself and Mr. McKinley) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To facilitate the installation of broadband infrastructure, and for other purposes.

1.Short titleThis Act may be cited as the Nationwide Dig Once Act of 2020. 2.Broadband infrastructure deployment (a)DefinitionsIn this section:
(1)Appropriate state agencyThe term appropriate State agency means a State governmental agency that is recognized by the executive branch of the State as having the experience necessary to evaluate and facilitate the installation and operation of broadband infrastructure within the State. (2)BroadbandThe term broadband has the meaning given the term advanced telecommunications capability in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302).
(3)Broadband conduitThe term broadband conduit means a conduit or innerduct for fiber optic cables (or successor technology of greater quality and speed) that supports the provision of broadband. (4)Broadband infrastructureThe term broadband infrastructure means any buried or underground facility and any wireless or wireline connection that enables the provision of broadband.
(5)Broadband providerThe term broadband provider means an entity that provides broadband to any person or facilitates provision of broadband to any person, including, with respect to such entity— (A)a corporation, company, association, firm, partnership, nonprofit organization, or any other private entity;
(B)a State or local broadband provider; (C)an Indian Tribe; and
(D)a partnership between any of the entities described in subparagraphs (A), (B), and (C). (6)Covered highway construction project (A)In generalThe term covered highway construction project means, without regard to ownership of a highway, a project to construct a new highway or an additional lane for an existing highway, to reconstruct an existing highway, or new construction, including for a paved shoulder.
(B)ExclusionsThe term covered highway construction project excludes any project— (i)awarded before the date on which regulations required under subsection (b) take effect;
(ii)that does not include work beyond the edge of pavement or current paved shoulder; or (iii)that does not require excavation.
(7)Dig once requirementThe term dig once requirement means a requirement designed to reduce the cost and accelerate the deployment of broadband by minimizing the number and scale of repeated excavations for the installation and maintenance of broadband conduit or broadband infrastructure in rights-of-way. (8)Indian tribeThe term Indian Tribe has the meaning given such term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(9)NTIA administratorThe term NTIA Administrator means the Assistant Secretary of Commerce for Communications and Information. (10)SecretaryThe term Secretary means the Secretary of Transportation.
(11)StateThe term State has the meaning given such term in section 101 of title 23, United States Code. (12)State or local broadband providerThe term State or local broadband provider means a State or political subdivision thereof, or any agency, authority, or instrumentality of a State or political subdivision thereof, that provides broadband to any person or facilitates the provision of broadband to any person in that State.
(13)Tribal governmentThe term Tribal government means the recognized governing body of an Indian Tribe or any agency, authority, or instrumentality of such governing body or such Indian Tribe. (b)Dig once requirementTo facilitate the installation of broadband infrastructure, the Secretary shall, not later than 9 months after the date of enactment of this Act, promulgate regulations to ensure that each State that receives funds under chapter 1 of title 23, United States Code, meets the following requirements:
(1)Broadband planningThe State department of transportation, in consultation with appropriate State agencies, shall— (A)identify a broadband coordinator, who may have additional responsibilities in the State department of transportation or in another State agency, that is responsible for facilitating the broadband infrastructure right-of-way efforts within the State; and
(B)review existing State broadband plans, including existing dig once requirements of the State, municipal governments incorporated under State law, and Tribal governments within the State, to determine opportunities to coordinate projects occurring within or across highway rights-of-way with planned broadband infrastructure projects. (2)Notice of planned construction for broadband providers (A)NoticeThe State department of transportation, in consultation with appropriate State agencies, shall establish a process—
(i)for the registration of broadband providers that seek to be included in the advance notification of, and opportunity to participate in, broadband infrastructure right-of-way facilitation efforts within the State; and (ii)to electronically notify all broadband providers registered under clause (i)—
(I)of the State transportation improvement program on at least an annual basis; and (II)of projects within the highway right-of-way for which Federal funding is expected to be obligated in the subsequent fiscal year.
(B)WebsiteA State department of transportation shall be considered to meet the requirements of subparagraph (A) if it publishes to a public website— (i)the State transportation improvement program on at least an annual basis; and
(ii)projects within the highway right-of-way for which Federal funding is expected to be obligated in the subsequent fiscal year. (C)CoordinationThe State department of transportation, in consultation with appropriate State agencies, shall establish a process for a broadband provider to commit to installing broadband conduit or broadband infrastructure as part of any project.
(3)Required installation of conduit
(A)In generalThe State department of transportation shall install broadband conduit, in accordance with this paragraph, except as described in subparagraph (F), as part of any covered highway construction project, unless a broadband provider has committed to install broadband conduit or broadband infrastructure as part of such project in a process described under paragraph (2)(C). (B)Installation requirementsThe State department of transportation shall ensure that—
(i)an appropriate number of broadband conduits, as determined in consultation with the appropriate State agencies, are installed along the highway of a covered highway construction project to accommodate multiple broadband providers, with consideration given to the availability of existing conduits; (ii)the size of each such conduit is consistent with industry best practices and is sufficient to accommodate potential demand, as determined in consultation with the appropriate State agencies;
(iii)hand holes and manholes necessary for fiber access and pulling with respect to such conduit are placed at intervals consistent with standards determined in consultation with the appropriate State agencies (which may differ by type of road, topologies, and rurality) and consistent with safety requirements; (iv)each broadband conduit installed pursuant to this paragraph includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with best practices; and
(v)is placed at a depth consistent with requirements of the covered highway construction project and best practices and that, in determining the depth of placement, consideration is given to the location of existing utilities and cable separation requirements of State and local electrical codes. (C)Guidance for the installation of broadband conduitThe Secretary, in consultation with the NTIA Administrator, shall issue guidance for best practices related to the installation of broadband conduit as described in this paragraph and of conduit and similar infrastructure for intelligent transportation systems (as such term is defined in section 501 of title 23, United States Code) that may utilize broadband conduit installed pursuant to this paragraph.
(D)Access
(i)In generalThe State department of transportation shall ensure that any requesting broadband provider has access to each broadband conduit installed pursuant to this paragraph, on a competitively neutral and nondiscriminatory basis, and in accordance with State permitting, licensing, leasing, or other similar laws and regulations. (ii)Fee scheduleThe State department of transportation, in consultation with appropriate State agencies, shall publish a fee schedule for a broadband provider to access conduit installed pursuant to this paragraph. Fees in such schedule—
(I)shall be consistent with the fees established pursuant to section 224 of the Communications Act of 1934 (47 U.S.C. 224); (II)may vary by topography, location, type of road, rurality, and other factors in the determination of the State; and
(III)may be updated not more frequently than annually. (iii)In-kind compensationThe State department of transportation may negotiate in-kind compensation with any broadband provider requesting access to broadband conduit installed under the provisions of this paragraph as a replacement for part or all of, but not to exceed, the relevant fee in the fee schedule described in clause (ii).
(iv)Safety considerationsThe State department of transportation shall require of broadband providers a process for safe access to the highway right-of-way during installation and on-going maintenance of the broadband fiber optic cables including a traffic control safety plan. (v)CommunicationA broadband provider with access to the conduit installed pursuant to this subsection shall notify and receive permission from the relevant agencies of State responsible for the installation of such broadband conduit prior to accessing any highway or highway right-of-way.
(E)Treatment of projectsNotwithstanding any other provision of law, broadband conduit and broadband infrastructure installation projects under this paragraph shall comply with section 113(a) of title 23, United States Code. (F)Waiver authority (i)In generalA State department of transportation may waive the required installation of broadband conduit for part or all of any covered highway construction project under this paragraph if, in the determination of the State—
(I)broadband infrastructure, terrestrial broadband infrastructure, aerial broadband fiber cables, or broadband conduit is present near a majority of the length of the covered highway construction project; (II)the installation of conduit increases overall costs of a covered highway construction project by 1.5 percent or greater;
(III)the installation of broadband conduit associated with covered highway construction project will not be utilized or connected to future broadband infrastructure in the next 20 years, in the determination of the State department of transportation, in consultation with appropriate State agencies and potentially affected local governments and Tribal governments; (IV)the requirements of this paragraph would require installation of conduit redundant with a dig once requirement of a local or Tribal government;
(V)there exists a circumstance involving force majeure; or (VI)other relevant factors, as determined by the Secretary in consultation with the NTIA Administrator through regulation, warrant a waiver.
(ii)Contents of waiverA waiver authorized under this subparagraph shall— (I)identify the covered highway construction project; and
(II)include a brief description of the determination of the State for issuing such waiver. (iii)Availability of waiverA waiver authorized under this subparagraph shall be included in the plans, specifications, and estimates for the associated project, as long as such info is publicly available.
(4)PriorityIf a State provides for the installation of broadband infrastructure in the right-of-way of an applicable Federal-aid highway project under this subsection, the State department of transportation, along with appropriate State agencies, shall carry out appropriate measures to ensure that any existing broadband providers are afforded equal opportunity access, as compared to other broadband providers, with respect to the program under this subsection. (5)ConsultationIn promulgating regulations required by this subsection or to implement any part of this section, the Secretary shall consult—
(A)the NTIA Administrator; (B)the Federal Communications Commission;
(C)State departments of transportation; (D)appropriate State agencies;
(E)agencies of local governments responsible for transportation and rights-of-way, utilities, and telecommunications and broadband; (F)Tribal governments;
(G)broadband providers; and (H)manufacturers of optical fiber, conduit, pull tape, and related items.
(6)Prohibition on unfunded mandate
(A)In generalThis subsection shall apply only to activities for which Federal obligations or expenditures are initially approved on or after the date regulations required under this subsection take effect. (B)No mandateAbsent an available and dedicated Federal source of funding—
(i)nothing in this subsection establishes a mandate or requirement that a State install broadband conduit in a highway right-of-way; and (ii)nothing in paragraph (3) shall establish any requirement for a State.
(7)Rules of construction
(A)State lawNothing in this subsection shall be construed to require a State to install or allow the installation of broadband conduit or broadband infrastructure— (i)that is otherwise inconsistent with what is allowable under State law; or
(ii)where the State lacks the authority or property easement necessary for such installation. (B)No requirement for installation of mobile services equipmentNothing in this section shall be construed to require a State, a municipal government incorporated under State law, or an Indian Tribe to install or allow for the installation of equipment essential for the provision of commercial mobile services (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))) or commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)), other than broadband conduit and associated equipment described in paragraph (3)(B).
(c)Relation to state dig once requirementsNothing in subsection (b) or any regulations promulgated under subsection (b) shall be construed to alter or supersede any provision of a State law or regulation that provides for a dig once requirement that includes similar or more stringent requirements to the provisions of subsection (b) and any regulations promulgated under this subsection (b). (d)Dig once funding task force (1)EstablishmentThere is established an independent task force on funding the nationwide dig once requirement described in this section to be known as the Dig Once Funding Task Force (hereinafter referred to as the Task Force).
(2)DutiesThe duties of the Task Force shall be to— (A)estimate the annual cost for implementing and administering a nationwide dig once requirement; and
(B)propose and evaluate options for funding a nationwide dig once requirement described in this section that includes— (i)a discussion of the role and potential share of costs of—
(I)the Federal Government; (II)State, local, and Tribal governments; and
(III)broadband providers; and (ii)consideration of the role of existing dig once requirements of State, local, and Tribal governments and private broadband investment, with a goal to not discourage or disincentivize such dig once requirements or such investment.
(3)Reports
(A)Interim report and briefingNot later than 9 months after the date of enactment of this Act, the Task Force shall submit an interim report to Congress and provide briefings for Congress on the findings of the Task Force. (B)Final reportNot later than 12 months after the date of enactment of this Act, the Task Force shall submit a final report to Congress on the findings of the Task Force.
(4)Members
(A)AppointmentsThe Task Force shall consist of 14 members, consisting of— (i)the 2 co-chairs described in subparagraph (B);
(ii)6 members jointly appointed by the Speaker and minority leader of the House of Representatives, in consultation with the respective Chairs and Ranking Members of the— (I)the Committee on Transportation and Infrastructure of the House of Representatives;
(II)the Committee on Energy and Commerce of the House of Representatives; and (III)the Committee on Appropriations of the House of Representatives; and
(iii)6 members jointly appointed by the majority leader and minority leader of the Senate, in consultation with the respective Chairs and Ranking Members of— (I)the Committee on Environment and Public Works of the Senate;
(II)the Committee on Commerce, Science, and Transportation of the Senate; and (III)the Committee on Appropriations of the Senate.
(B)Co-chairsThe Task Force shall be co-chaired by the Secretary and the NTIA Administrator, or their designees. (C)CompositionThe Task Force shall include at least—
(i)1 representative from a State department of transportation; (ii)1 representative from a local government;
(iii)1 representative from a Tribal government; (iv)1 representative from a broadband provider;
(v)1 representative from a State or local broadband provider; and (vi)1 representative from a public interest organization.
(D)Appointment deadlineMembers shall be appointed to the Task Force not later than 60 days after the date of enactment of this Act. (E)Effect of lack of appointment by appointment dateIf 1 or more appointments required under subparagraph (A) is not made by the appointment date specified in subparagraph (D), the authority to make such appointment or appointments shall expire and the number of members of the Task Force shall be reduced by the number equal to the number of appointments so expired.
(F)TermsMembers shall be appointed for the life of the Task Force. A vacancy in the Task Force shall not affect its powers and shall be filled in the same manner as the initial appointment was made. (5)ConsultationsIn carrying out the duties required under this subsection, the Task Force shall consult, at a minimum—
(A)the Federal Communications Commission; (B)agencies of States including—
(i)State departments of transportation; and (ii)appropriate State agencies;
(C)agencies of local governments responsible for transportation and rights of way, utilities, and telecommunications and broadband; (D)Tribal governments;
(E)broadband providers and other telecommunications providers; and (F)State or local broadband providers and Tribal governments that act as broadband providers.
(6)Additional provisions
(A)Expenses for non-federal membersNon-Federal members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees 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 services for the Task Force. (B)StaffStaff of the Task Force shall comprise detailees with relevant expertise from the Department of Transportation and the National Telecommunications and Information Administration, or another Federal agency the co-chairpersons consider appropriate, with the consent of the head of the Federal agency, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.
(C)Administrative assistanceThe Secretary and NTIA Administrator shall provide to the Task Force on a reimbursable basis administrative support and other services for the performance of the functions of the Task Force. (7)TerminationThe Task Force shall terminate not later than 90 days after issuance of the final report required under paragraph (3)(B).


		III
		110th CONGRESS
		1st Session
		S. RES. 231
		IN THE SENATE OF THE UNITED STATES

			June 12, 2007
			Mr. Durbin (for himself,
			 Mr. Levin, Mr.
			 Reid, Mr. Obama,
			 Ms. Stabenow, Mr. Brownback, Mr.
			 Kerry, Ms. Landrieu,
			 Mr. Cardin, Mr.
			 Lieberman, Mrs. McCaskill,
			 Mrs. Clinton, Mr. Leahy, Mr.
			 Kennedy, Mr. Dodd,
			 Mr. Sanders, Mr. Menendez, Mr.
			 Brown, Mr. Pryor,
			 Mr. Lautenberg, Mr. Feingold, Mr.
			 Akaka, and Ms. Mikulski)
			 submitted the following resolution; which was referred to the
			 Committee on the
			 Judiciary

			June 19, 2007
			Committee discharged; considered and agreed
			 to

		RESOLUTION
		Recognizing the historical significance of
		  Juneteenth Independence Day and expressing the sense of the Senate that history
		  should be regarded as a means for understanding the past and solving the
		  challenges of the future.

		Whereas news of the end of slavery did not reach frontier
			 areas of the United States, and in particular the Southwestern States, for more
			 than 2 years after President Lincoln's Emancipation Proclamation of January 1,
			 1863, and months after the conclusion of the Civil War;
		Whereas, on June 19, 1865, Union soldiers led by Major
			 General Gordon Granger arrived in Galveston, Texas, with news that the Civil
			 War had ended and that the enslaved were free;
		Whereas African Americans who had been slaves in the
			 Southwest celebrated June 19, commonly known as Juneteenth Independence
			 Day, as the anniversary of their emancipation;
		Whereas African Americans from the Southwest continue the
			 tradition of celebrating Juneteenth Independence Day as inspiration and
			 encouragement for future generations;
		Whereas, for more than 140 years, Juneteenth Independence
			 Day celebrations have been held to honor African American freedom while
			 encouraging self-development and respect for all cultures;
		Whereas, although Juneteenth Independence Day is beginning
			 to be recognized as a national, and even global, event, the history behind the
			 celebration should not be forgotten; and
		Whereas the faith and strength of character demonstrated
			 by former slaves remains an example for all people of the United States,
			 regardless of background, religion, or race: Now, therefore, be it

		That—
			(1)the
			 Senate—
				(A)recognizes the
			 historical significance of Juneteenth Independence Day to the Nation;
				(B)supports the
			 continued celebration of Juneteenth Independence Day to provide an opportunity
			 for the people of the United States to learn more about the past and to
			 understand better the experiences that have shaped the Nation; and
				(C)encourages the
			 people of the United States to observe Juneteenth Independence Day with
			 appropriate ceremonies, activities, and programs; and
				(2)it is the sense
			 of the Senate that—
				(A)history should be
			 regarded as a means for understanding the past and solving the challenges of
			 the future; and
				(B)the celebration
			 of the end of slavery is an important and enriching part of the history and
			 heritage of the United States.


115 HRES 191 IH: Opposing fake news and alternative facts.
U.S. House of Representatives
2017-03-10
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.

IV115th CONGRESS1st SessionH. RES. 191IN THE HOUSE OF REPRESENTATIVESMarch 10, 2017Mr. Espaillat (for himself, Mr. Ted Lieu of California, and Mr. Lewis of Georgia) submitted the following resolution; which was referred to the Committee on the JudiciaryRESOLUTIONOpposing fake news and alternative facts.

 Whereas the First Amendment to the United States Constitution states, that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances;
 Whereas the Free Press Clause of the First Amendment protects publication of information and opinions, and applies to a wide variety of media;
 Whereas the United States has historically and proudly enjoyed freedom of the press; Whereas the United States is a democracy, not an autocracy;
 Whereas on February 24, 2017, the White House blocked a number of news outlets from attending a question-and-answer session;
 Whereas the news organizations blocked have reported on President Trump’s collaboration with Russia;
 Whereas the most recent fake news the American people are receiving have come from the President himself and his spokespersons; Whereas on January 21, 2017, White House press secretary Sean Spicer stated, This was the largest audience to ever witness an inauguration—period—both in person and around the globe.;
 Whereas on January 21, 2017, White House press secretary Sean Spicer stated, We know that 420,000 people used the D.C. Metro public transit yesterday, which actually compares to 317,000 that used it for President Obama’s last inaugural.;
 Whereas on January 21, 2017, White House press secretary Sean Spicer stated, This was the first time in our nation’s history that floor coverings have been used to protect the grass on the Mall. That had the effect of highlighting any areas where people were not standing, while in years past the grass eliminated this visual.;
 Whereas on January 21, 2017, President Donald Trump stated, I looked out, the field was—it looked like a million, million and a half people.; Whereas on January 23, 2017, President Donald Trump stated, that between 3 million and 5 million illegal votes caused him to lose the popular vote.;
 Whereas on January 24, 2017, White House Counselor to the President Kellyanne Conway stated, Here’s the fact: The No. 1 source of income into Mexico are Mexicans working here and sending the money back.;
 Whereas on January 25, 2017, President Donald Trump stated, We should’ve taken the oil. And if we took the oil you wouldn’t have ISIS. And we would have had wealth.;
 Whereas on February 2, 2017, White House Counselor to the President Kellyanne Conway stated, I bet it’s brand new information to people that President Obama had a 6-month ban on the Iraqi refugee program after two Iraqis came here to this country, were radicalized and they were the masterminds behind the Bowling Green massacre. Most people don’t know that because it didn’t get covered.;
 Whereas on February 19, 2017, President Donald Trump stated, We’ve allowed thousands and thousands of people into our country. And there was no way to vet those people. There was no documentation. There was no nothing.; and
 Whereas on February 19, 2017, President Donald Trump stated When WikiLeaks, which I had nothing to do with, comes out and happens to give, they’re not giving classified information.: Now, therefore, be it

 That it is the sense of the House of Representatives that— (1)it is Congress’ duty to uphold the Constitution of the United States and all of the fundamental rights, including the freedom of the press;
 (2)the President must immediately acknowledge his support of the First Amendment and express his support for United States democracy;
 (3)the United States should continue being a democracy, not an autocracy; (4)White House spokespersons should not issue fake news; and
 (5)White House spokespersons who offer alternative or inaccurate facts should retract their statements immediately.


116 HR 4549 IH: American Innovation and Competitiveness Act of 2019
U.S. House of Representatives
2019-09-27
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. 4549IN THE HOUSE OF REPRESENTATIVESSeptember 27, 2019Mr. Larson of Connecticut (for himself and Mr. Estes) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to restore the deduction for research and experimental
			 expenditures.

 1.Short titleThis Act may be cited as the American Innovation and Competitiveness Act of 2019 or the AICA Act of 2019. 2.Research and experimental expenditures (a)In generalSection 174 is amended to read as follows:

					174.Research and experimental expenditures
						(a)Treatment as Expenses
 (1)In generalA taxpayer may treat research or experimental expenditures which are paid or incurred by him during the taxable year in connection with his trade or business as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction.
							(2)When method may be adopted
 (A)Without consentA taxpayer may, without the consent of the Secretary, adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph (1) are paid or incurred.
 (B)With consentA taxpayer may, with the consent of the Secretary, adopt at any time the method provided in this subsection.
 (3)ScopeThe method adopted under this subsection shall apply to all expenditures described in paragraph (1). The method adopted shall be adhered to in computing taxable income for the taxable year and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method is authorized with respect to part or all of such expenditures.
							(b)Amortization of Certain Research and Experimental Expenditures

								(1)
								In general
 At the election of the taxpayer, made in accordance with regulations prescribed by the Secretary, research or experimental expenditures which are—

									(A)
 paid or incurred by the taxpayer in connection with his trade or business,  (B) not treated as expenses under subsection (a), and

									(C)
 chargeable to capital account but not chargeable to property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion),
								may be treated as deferred expenses. In computing taxable income, such deferred expenses shall be
			 allowed as a deduction ratably over such period of not less than 60 months
			 as may be selected by the taxpayer (beginning with the month in which the
			 taxpayer first realizes benefits from such expenditures). Such deferred
			 expenses are expenditures properly chargeable to capital account for
			 purposes of section 1016(a)(1) (relating to adjustments to basis of
			 property).(2)Time for and scope of election
 The election provided by paragraph (1) may be made for any taxable year, but only if made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof). The method so elected, and the period selected by the taxpayer, shall be adhered to in computing taxable income for the taxable year for which the election is made and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method (or to a different period) is authorized with respect to part or all of such expenditures. The election shall not apply to any expenditure paid or incurred during any taxable year before the taxable year for which the taxpayer makes the election.
							(c)Land and Other Property
 This section shall not apply to any expenditure for the acquisition or improvement of land, or for the acquisition or improvement of property to be used in connection with the research or experimentation and of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion); but for purposes of this section allowances under section 167, and allowances under section 611, shall be considered as expenditures.
						(d)Exploration Expenditures
 This section shall not apply to any expenditure paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral (including oil and gas).
						(e)Only Reasonable Research Expenditures Eligible
 This section shall apply to a research or experimental expenditure only to the extent that the amount thereof is reasonable under the circumstances..
 (b)Clerical AmendmentThe table of sections for part VI of subchapter B of chapter 1 is amended by striking the item relating to section 174 and inserting the following new item:

						Sec. 174. Research and experimental expenditures.
			(c)Conforming Amendments
 (1)Section 41(d)(1)(A) is amended by striking specified research or experimental expenditures under section 174 and inserting expenses under section 174. (2)Section 280C(c) is amended to read as follows:

						(c)Credit for Increasing Research Activities

								(1)
								In general
 No deduction shall be allowed for that portion of the qualified research expenses (as defined in section 41(b)) or basic research expenses (as defined in section 41(e)(2)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 41(a).

								(2)
								Similar rule where taxpayer capitalizes rather than deducts expenses
 If—  (A) the amount of the credit determined for the taxable year under section 41(a)(1), exceeds

									(B)
 the amount allowable as a deduction for such taxable year for qualified research expenses or basic research expenses (determined without regard to paragraph (1)),
								the amount chargeable to capital account for the taxable year for such expenses shall be reduced by
			 the amount of such excess.
								(3)
								Election of reduced credit

									(A)
									In general
 In the case of any taxable year for which an election is made under this paragraph—  (i) paragraphs (1) and (2) shall not apply, and

										(ii)
 the amount of the credit under section 41(a) shall be the amount determined under subparagraph (B).  (B) Amount of reduced credit The amount of credit determined under this subparagraph for any taxable year shall be the amount equal to the excess of—

										(i)
 the amount of credit determined under section 41(a) without regard to this paragraph, over  (ii) the product of—

											(I)
 the amount described in clause (i), and  (II) the rate of tax under section 11(b).

									(C)
									Election
 An election under this paragraph for any taxable year shall be made not later than the time for filing the return of tax for such year (including extensions), shall be made on such return, and shall be made in such manner as the Secretary may prescribe. Such an election, once made, shall be irrevocable.

								(4)
								Controlled groups
 Paragraph (3) of subsection (b) shall apply for purposes of this subsection. . (d)Effective dateThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2021.


116 HR 6644 IH: To require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for services furnished via telehealth if such services would be covered if furnished in-person during the COVID-19 emergency.
U.S. House of Representatives
2020-04-28
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 CONGRESS2d SessionH. R. 6644IN THE HOUSE OF REPRESENTATIVESApril 28, 2020Ms. Schrier (for herself, Mr. David P. Roe of Tennessee, Mr. Morelle, and Mr. Van Drew) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for services furnished via telehealth if such services would be covered if furnished in-person during the COVID-19 emergency.1.Requiring group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for services furnished via telehealth if such services would be covered if furnished in-person during the COVID-19 emergency(a)In generalDuring any portion of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), notwithstanding sections 2703 and 2715(d)(4) of the Public Health Service Act (42 U.S.C. 300gg–2, 300gg–15(d)(4)), a group health plan and a health insurance issuer offering group health insurance coverage, including a grandfathered health plan (as defined in section 1251(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18011(e)))—(1)shall—(A)provide benefits under such plan or such coverage for any eligible service (as defined in subsection (c)), including a mental health and substance use disorder service, furnished via a qualifying telecommunications system (as defined in subsection (c)) by a health care provider to an individual who is a participant, beneficiary, or enrollee under such plan or such coverage, notwithstanding that such provider furnishing such service is not at the same location as the individual;(B)so provide such benefits for such service under the same terms and with application of the same cost-sharing requirements (including a deductible, copayment, or coinsurance) as would apply if such service were furnished by such provider to such individual in-person; (C)reimburse such provider for such service in an amount equal to the amount of reimbursement for such service had such service been furnished by such provider to such individual in-person; (D)not impose any requirement under such plan or coverage that such provider have a prior relationship with such individual; and(E)not restrict the ability of any health care provider with a contractual relationship for furnishing an eligible service under such plan or coverage from furnishing such service via a qualifying telecommunications system, and shall not establish incentives or penalties under such plan or coverage for receiving such an eligible service from such a provider via such a system; and(2)may waive any cost-sharing requirement (including application of a deductible, copayment, or coinsurance) for an item or service furnished for purposes of diagnosing or treating COVID-19, including any such service that is an eligible service furnished via a qualifying telecommunications system.(b)ApplicationThe provisions of this section shall be applied by the Secretary of Health and Human Services, Secretary of Labor, and Secretary of the Treasury to group health plans and health insurance issuers offering group or individual health insurance coverage as if included in the provisions of part A of title XXVII of the Public Health Service Act, part 7 of the Employee Retirement Income Security Act of 1974, and subchapter B of chapter 100 of the Internal Revenue Code of 1986, as applicable.(c)DefinitionsIn this section:(1)Eligible serviceThe term eligible service means, with respect to a group health plan and a health insurance issuer offering group or individual health insurance coverage, a service—(A)for which benefits are provided under such plan or such coverage when such service is furnished in-person;(B)that is medically necessary (as determined by the health care provider furnishing such service); and(C)that is able to be safely and effectively furnished via a telecommunications system.(2)Health insurance termsThe terms group health plan, health insurance issuer, group health insurance coverage, and individual health insurance coverage have the meanings given such terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91), section 733 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b), and section 9832 of the Internal Revenue Code of 1986, as applicable.(3)Qualifying telecommunications systemThe term qualifying telecommunications system means a telecommunications system that includes, at a minimum, audio capabilities permitting two-way, real-time interactive communication between the individual receiving an eligible service via such system and the health care provider furnishing such system, including a telephone, videoconferencing system, internet communications system, streaming media communications system, and such other systems as specified by the Secretary of Health and Human Services.(d)Effective dateThis section shall apply with respect to items and services furnished on or after the first day of the emergency period described in subsection (a).


		I
		111th CONGRESS
		2d Session
		H. R. 6223
		IN THE HOUSE OF REPRESENTATIVES

			September 28, 2010
			Mr. Young of Alaska
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary, and in addition to the Committee on
			 Oversight and Government
			 Reform, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To establish a Congressional Office of Regulatory
		  Analysis, to require the periodic review and automatic termination of Federal
		  regulations, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Congressional Office of Regulatory
			 Analysis Creation and Sunset and Review Act of
			 2010.
		2.Table of
			 contentsThe table of contents
			 for this Act is as follows:

				Sec. 1. Short title.
				Sec. 2. Table of contents.
				Title I—Congressional Office of Regulatory Analysis
				Sec. 101. Establishment of Office.
				Sec. 102. Responsibilities.
				Sec. 103. Effective date.
				Title II—Regulatory sunset and review
				Sec. 201. Purposes.
				Sec. 202. Review of regulations.
				Sec. 203. Covered rules.
				Sec. 204. Criteria for sunset review.
				Sec. 205. Sunset review procedures.
				Sec. 206. Review deadlines for covered rules.
				Sec. 207. Sunset review notices and agency reports.
				Sec. 208. Designation of agency regulatory review
				officer.
				Sec. 209. Relationship to other law.
				Sec. 210. Effect of termination of a covered rule.
				Sec. 211. Judicial review.
				Sec. 212. Definitions.
				Sec. 213. Effective date.
				Sec. 214. Sunset of this title.

		ICongressional
			 Office of Regulatory Analysis
			101.Establishment
			 of Office
				(a)Establishment
					(1)In
			 generalThere is established a Congressional Office of Regulatory
			 Analysis (in this title referred to as the Office).
					(2)DirectorThe Office shall have a Director (in this
			 title referred to as the Director) who shall be appointed by the
			 Speaker of the House of Representatives and the majority leader of the Senate
			 after considering recommendations received from the Committee on Oversight and
			 Government Reform of the House of Representatives and the Committee on Homeland
			 Security and Governmental Affairs of the Senate, without regard to political
			 affiliation and solely on the basis of the Director’s ability to perform the
			 duties of the Office.
					(3)Term
						(A)In
			 generalThe term of office of the Director shall be 4 years, but
			 no Director shall be permitted to serve more than 3 terms.
						(B)VacancyAny
			 individual appointed as Director to fill a vacancy prior to the expiration of a
			 term shall serve only for the unexpired portion of that term. An individual
			 serving as Director at the expiration of that term may continue to serve until
			 the individual’s successor is appointed.
						(4)RemovalThe
			 Director may be removed by a concurrent resolution of the Congress.
					(5)CompensationThe
			 Director shall be paid at a rate equal to the rate of basic pay for level III
			 of the Executive Schedule in section 5314 of title 5, United States
			 Code.
					(b)Personnel
					(1)In
			 generalThe Director shall
			 appoint and fix the compensation of such personnel as may be necessary to carry
			 out the duties and functions of the Office.
					(2)AppointmentAll
			 personnel of the Office shall be appointed without regard to political
			 affiliation and solely on the basis of their fitness to perform their
			 duties.
					(3)Duties and
			 responsibilitiesThe Director may prescribe the duties and
			 responsibilities of the personnel of the Office, and delegate to them authority
			 to perform any of the duties, powers, and functions imposed on the Office or on
			 the Director.
					(4)Employee
			 statusFor purposes of pay (other than pay of the Director) and
			 employment benefits, rights, and privileges, all personnel of the Office shall
			 be treated as if they were employees of the House of Representatives.
					(c)Experts and
			 ConsultantsIn carrying out the duties and functions of the
			 Office, the Director may procure temporary (not to exceed one year) and
			 intermittent services under section 3109(b) of title 5, United States Code, but
			 at rates for individuals not to exceed the daily equivalent of the maximum
			 annual rate of basic pay under the General Schedule of section 5332 of title 5,
			 United States Code.
				(d)Relationship to
			 Executive Branch
					(1)Information
			 requestsThe Director is
			 authorized to secure information, data, estimates, and statistics directly from
			 the various departments, agencies, and establishments of the executive branch
			 of Government, including the Office of Management and Budget, and the
			 regulatory agencies and commissions of the Government. All such departments,
			 agencies, establishments, and regulatory agencies and commissions shall
			 promptly furnish the Director any available material which the Director
			 determines to be necessary in the performance of the Director’s duties and
			 functions (other than material the disclosure of which would be a violation of
			 law).
					(2)Use of services,
			 facilities, and personnelThe Director is authorized, upon
			 agreement with the head of any such department, agency, establishment, or
			 regulatory agency or commission, to use its services, facilities, and personnel
			 with or without reimbursement, and the head of each such department, agency,
			 establishment, or regulatory agency or commission is authorized to provide the
			 Office such services, facilities, and personnel.
					(e)Relationship to
			 Other Agencies of CongressIn
			 carrying out the duties and functions of the Office, and for the purpose of
			 coordinating the operations of the Office with those of other congressional
			 agencies with a view to using most effectively the information, services, and
			 capabilities of all such agencies in carrying out the various responsibilities
			 assigned to each, the Director is authorized to obtain information, data,
			 estimates, and statistics developed by the General Accountability Office, the
			 Congressional Budget Office, and the Congressional Research Service, and upon
			 agreement with the Comptroller General, the Director of the Congressional
			 Budget Office, or the Director of the Congressional Research Service to use
			 their services, facilities, and personnel with or without reimbursement. The
			 Comptroller General and such Directors are authorized to provide the Office
			 with the information, data, estimates, and statistics, and the services,
			 facilities, and personnel, referred to in the preceding sentence.
				(f)Assistance to
			 the CongressThe Director
			 shall provide to the Committee on Oversight and Government Reform of the House
			 of Representatives and the Committee on Homeland Security and Governmental
			 Affairs of the Senate, information that will assist the committee in the
			 discharge of all matters within its jurisdiction, including information with
			 respect to its jurisdiction over authorization and oversight of the Office of
			 Information and Regulatory Affairs of the Office of Management and
			 Budget.
				(g)Information
					(1)Freedom of
			 informationThe Office shall make available information from its
			 activities in accordance with section 552 of title 5, United States
			 Code.
					(2)Public
			 docketThe Office shall maintain a publicly available log of
			 information (other than information which may not be released under section
			 552(b) of title 5, United States Code) that shall contain—
						(A)all written
			 communications, regardless of format, between Office personnel and any person
			 who is not employed by the Federal Government; and
						(B)the dates and
			 names of individuals involved in all substantive oral communications, including
			 meetings and telephone conversations between Office personnel and any person
			 not employed by the Federal Government, and the subject matter of such
			 communications.
						(h)AppropriationsThere
			 are authorized to be appropriated to the Office such sums as may be necessary
			 for each of fiscal years 2011 through 2018.
				102.Responsibilities
				(a)Transfer of
			 Functions Under Chapter 8 From GAO to
			 Office
					(1)Director’s new
			 authoritySection 801 of title 5, United States Code, is
			 amended—
						(A)by striking
			 Comptroller General each place it occurs and inserting
			 Director of the Office; and
						(B)by striking
			 the Comptroller General’s report in subsection (a)(2)(B) and
			 inserting the report of the Director of the Office.
						(2)DefinitionSection
			 804 is amended by adding at the end the following:

							(4)The term
				Director of the Office means the Director of the Congressional
				Office of Regulatory Affairs established by section 101 of the
				Congressional Office of Regulatory Analysis
				Creation and Sunset and Review Act of
				2010.
							.
					(3)Major
			 rulesSection 801(a)(2)(A) of title 5, United States Code, is
			 amended to read as follows:

							(2)(A)The Director of the
				Office shall provide a report on each major rule to the committees of
				jurisdiction in each House of the Congress by the end of 30 calendar days after
				the submission or publication date as provided in section 802(b)(2). The report
				of the Director shall include—
									(i)an assessment of the compliance by the
				Federal agency with the requirements in paragraph (1)(B); and
									(ii)an analysis of the rule by the
				Director, using any relevant data and analyses generated by the Federal agency
				and any data of the Office, including the following:
										(I)A description of the potential
				benefits of the rule, including any beneficial effects that cannot be
				quantified in monetary terms and the identification of those likely to receive
				the benefits.
										(II)A description of the potential
				costs of the rule, including any adverse effects that cannot be quantified in
				monetary terms and the identification of those likely to bear the costs.
										(III)A determination of the potential
				net benefits of the rule, including an evaluation of effects that cannot be
				quantified in monetary terms.
										(IV)A description of alternative
				approaches that could achieve the same regulatory goal at a lower cost,
				together with an analysis of the potential benefits and costs and a brief
				explanation of the legal reasons why such alternatives, if proposed, could not
				be adopted.
										(V)A summary of how these results
				differ, if at all, from the results that the promulgating agency received when
				conducting similar
				analyses.
										.
					(4)Nonmajor
			 rulesThe Office shall conduct an assessment and analysis, as
			 described in section 801(a)(2)(A) of title 5, United States Code, of any
			 nonmajor rule, as defined in section 804(3) of such title, when requested to do
			 so by a committee of the House of Representatives or the Senate or by an
			 individual Representative or Senator.
					(5)Priorities
						(A)AssignmentTo
			 ensure that analysis of the most significant regulations occurs, the Office
			 shall give first priority to, and shall conduct analyses of, all major rules,
			 as defined in section 804(2) of title 5, United States Code. Secondary priority
			 shall be assigned to requests from committees of the House of Representatives
			 and the Senate. Tertiary priority shall be assigned to requests from individual
			 Representatives and Senators.
						(B)Discretion to
			 director of officeThe Director of the Office shall have the
			 discretion to assign priority among the secondary and tertiary requests.
						(b)Transfer of
			 Certain Functions Under the Unfunded Mandates Reform Act of 1995 From CBO to
			 Office
					(1)Cost of
			 regulationsSection 103 of the Unfunded Mandates Reform Act of
			 1995 (2 U.S.C. 1511) is amended—
						(A)in subsection (b),
			 by striking the Director and inserting the Director of
			 the Congressional Office of Regulatory Analysis; and
						(B)in subsection (c),
			 by inserting after Budget Office the following: or the
			 Director of the Congressional Office of Regulatory Analysis.
						(2)Assistance to
			 the congressional office of regulatory analysisSection 206 of
			 the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1536) is amended—
						(A)by amending the
			 section heading to read as follows: sec. 206. assistance
			 to the congressional office of regulatory analysis.;
			 and
						(B)in paragraph (2),
			 by striking the Director of the Congressional Budget Office and
			 inserting the Director of the Congressional Office of Regulatory
			 Analysis.
						(c)Other
			 ReportsIn addition to the analyses of major and nonmajor rules
			 described in subsection (a), the Office shall also issue an annual report
			 including estimates of the total costs and benefits of all existing Federal
			 regulations.
				103.Effective
			 dateThis title and the
			 amendments made by this title shall take effect 180 days after the date of the
			 enactment of this Act.
			IIRegulatory sunset
			 and review
			201.PurposesThe purposes of this title are—
				(1)to require agencies to regularly review
			 their significant rules to determine whether they should be continued without
			 change, modified, consolidated with another rule, or terminated;
				(2)to require
			 agencies to consider the comments of the public, the regulated community, and
			 the Congress regarding the actual costs and burdens of rules being reviewed
			 under this title, and whether the rules are obsolete, unnecessary, duplicative,
			 conflicting, or otherwise inconsistent;
				(3)to require that
			 any rules continued in effect under this title meet all the legal requirements
			 that would apply to the issuance of a new rule, including any applicable
			 Federal cost-benefit and risk assessment requirements;
				(4)to provide for the
			 review of significant rules and other rules through a sunset review process and
			 to provide for the repeal or other change in such rules in accordance with
			 chapters 5 and 7 of title 5, United States Code;
				(5)to provide for a
			 petition process that allows the public and appropriate committees of the
			 Congress to request that other rules that are not significant be reviewed in
			 the same manner as significant rules; and
				(6)to require the
			 Administrator to coordinate and be responsible for sunset reviews conducted by
			 the agencies.
				202.Review of
			 regulationsA covered rule
			 shall be subject to review in accordance with this title. Upon completion of
			 such review, the agency which has jurisdiction over such rule shall—
				(1)issue a final
			 report under
			 section 207(c)(2) continuing such rule;
			 or
				(2)conduct a
			 rulemaking in accordance with
			 section 207(d) to modify, consolidate with
			 another rule, or terminate such rule.
				203.Covered
			 rules
				(a)Covered
			 rulesFor purposes of this
			 title, a covered rule is a rule that—
					(1)is determined by the Administrator to be a
			 significant rule under subsection (b); or
					(2)is any other rule
			 designated by the agency which has jurisdiction over such rule or by the
			 Administrator under this title for sunset review.
					(b)Significant
			 rulesFor purposes of this
			 title, a significant rule is a rule that the Administrator determines—
					(1)has resulted in or is likely to result in
			 an annual effect on the economy of $100,000,000 or more;
					(2)is a major rule,
			 as defined in section 804(2) of title 5, United States Code; or
					(3)was issued
			 pursuant to a significant regulatory action, as that term is defined in
			 Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and
			 review).
					(c)Public
			 petitions
					(1)In
			 generalAny person adversely
			 affected by a rule that is not a significant rule may submit a petition to the
			 agency which has jurisdiction over the rule requesting that such agency
			 designate the rule for sunset review. Such agency shall designate the rule for
			 sunset review unless such agency determines that it would not be in the public
			 interest to conduct a sunset review of the rule. In making such determination,
			 such agency shall take into account the number and nature of other petitions
			 received on the same rule, whether or not they have already been denied.
					(2)Form and content
			 of petitionA petition under
			 paragraph (1)—
						(A)shall be in writing, but is not otherwise
			 required to be in any particular form;
						(B)shall identify the
			 rule for which sunset review is requested with reasonable specificity and state
			 on its face that the petitioner seeks sunset review of the rule; and
						(C)shall be
			 accompanied by a $20 processing fee.
						(3)Response
			 required for noncomplying petitionsIf such agency determines that a petition
			 does not meet the requirements of this subsection, such agency shall provide a
			 response to the petitioner within 30 days after receiving the petition,
			 notifying the petitioner of the problem and providing information on how to
			 formulate a petition that meets those requirements.
					(4)Decision within
			 90 daysWithin the 90-day period beginning on the
			 date of receiving a petition that meets the requirements of this subsection,
			 such agency shall transmit a response to the petitioner stating whether the
			 petition was granted or denied, except that such agency may extend such period
			 by a total of not more than 30 days.
					(5)Petitions deemed
			 granted for substantial inexcusable delayA petition for sunset review of a rule is
			 deemed to have been granted by such agency, and such agency is deemed to have
			 designated the rule for sunset review, if a court finds there is a substantial
			 and inexcusable delay, beyond the period specified in paragraph (4), in
			 notifying the petitioner of such agency's determination to grant or deny the
			 petition.
					(6)Public
			 logSuch agency shall
			 maintain a public log of petitions submitted under this subsection, that
			 includes the status or disposition of each petition.
					(d)Congressional
			 requests
					(1)In
			 generalAn appropriate
			 committee of the Congress, or a majority of the majority party members or a
			 majority of nonmajority party members of such a committee, may request in
			 writing that the Administrator designate any rule that is not a significant
			 rule for sunset review. The Administrator shall designate such rule for sunset
			 review within 30 days after receipt of such a request unless the Administrator
			 determines that it would not be in the public interest to conduct a sunset
			 review of such rule.
					(2)Notice of
			 denialIf the Administrator
			 denies a congressional request under this subsection, the Administrator shall
			 transmit to the congressional committee making the request a notice stating the
			 reasons for the denial.
					(e)Publication of
			 notice of designation for sunset reviewAfter designating a rule under subsection
			 (c) or (d) for sunset review, the agency or the Administrator shall promptly
			 publish a notice of that designation in the Federal Register.
				204.Criteria for
			 sunset review
				(a)Compliance with
			 other lawsIn order for any
			 rule subject to sunset review to continue without change or to be modified or
			 consolidated in accordance with this title, such rule must be authorized by law
			 and meet all applicable requirements that would apply if it were issued as a
			 new rule pursuant to section 553 of title 5, United States Code, or other
			 statutory rulemaking procedures required for that rule. For purposes of this
			 section, the term applicable requirements includes any requirement
			 for cost-benefit analysis and any requirement for standardized risk analysis
			 and risk assessment.
				(b)Governing
			 lawIf there is a conflict
			 between such applicable requirements and an Act under which a rule was issued,
			 the conflict shall be resolved in the same manner as such conflict would be
			 resolved if the agency were issuing a new rule.
				205.Sunset review
			 procedures
				(a)Functions of the
			 Administrator
					(1)Notice of rules
			 subject to review
						(A)Inventory and
			 first listWithin one year
			 after the date of the enactment of this Act, the Administrator shall conduct an
			 inventory of existing rules and publish a first list of covered rules. The list
			 shall—
							(i)specify the particular group to which each
			 significant rule is assigned under paragraph (2), and state the review deadline
			 for all significant rules in each such group; and
							(ii)include other
			 rules subject to sunset review for any other reason, and state the review
			 deadline for each such rule.
							(B)Subsequent
			 listsAfter publication of
			 the first list under subparagraph (A), the Administrator shall publish an
			 updated list of covered rules at least annually, specifying the review deadline
			 for each rule on the list.
						(2)Grouping of
			 significant rules in first list
						(A)Staggered
			 reviewThe Administrator
			 shall assign each significant rule in effect on the date of enactment of this
			 Act to one of 4 groups established by the Administrator to permit orderly and
			 prioritized sunset reviews, and specify for each group an initial review
			 deadline in accordance with section 206(a)(1).
						(B)PrioritizationsIn determining which rules shall be given
			 priority in time in that assignment, the Administrator shall consult with
			 appropriate agencies, and shall prioritize rule based on—
							(i)the
			 grouping of related rules in accordance with paragraph (3);
							(ii)the
			 extent of the cost of each rule and on the regulated community and the public,
			 with priority in time given to those rules that impose the greatest
			 cost;
							(iii)consideration of
			 the views of regulated persons, including State and local governments;
							(iv)whether a
			 particular rule has recently been subject to cost-benefit analysis and risk
			 assessment, with priority in time given to those rules that have not been
			 subject to such analysis and assessment;
							(v)whether a
			 particular rule was issued under a statutory provision that provides relatively
			 greater discretion to an official in issuing the rule, with priority in time
			 given to those rules that were issued under provisions that provide relatively
			 greater discretion;
							(vi)the
			 burden of reviewing each rule on the reviewing agency; and
							(vii)the need for
			 orderly processing and the timely completion of the sunset reviews of existing
			 rules.
							(3)Grouping of
			 related rulesThe
			 Administrator shall group related rules under paragraph (2) (and designate
			 other rules) for simultaneous sunset review based upon their subject matter
			 similarity, functional interrelationships, and other relevant factors to ensure
			 comprehensive and coordinated review of redundant, overlapping, and conflicting
			 rules and requirements. The Administrator shall ensure simultaneous sunset
			 reviews of covered rules without regard to whether they were issued by the same
			 agency, and shall designate any other rule for sunset review that is necessary
			 for a comprehensive sunset review whether or not such other rule is otherwise a
			 covered rule under this title.
					(4)GuidanceThe Administrator shall provide timely
			 guidance to agencies on the conduct of sunset reviews and the preparation of
			 sunset review notices and reports required by this title to ensure uniform,
			 complete, and timely sunset reviews and to ensure notice and opportunity for
			 public comment consistent with section 207.
					(5)Review and
			 evaluation of reportsThe
			 Administrator shall review and evaluate each preliminary and final report
			 submitted by the agency pursuant to this section. Within 90 days after
			 receiving a preliminary report, the Administrator shall transmit comments to
			 the head of the agency regarding—
						(A)the quality of the analysis in the report,
			 including whether the agency has properly applied section 204;
						(B)the consistency of
			 the agency's proposed action with actions of other agencies; and
						(C)whether the rule
			 should be continued without change, modified, consolidated with another rule,
			 or terminated.
						(b)Agency sunset
			 review procedure
					(1)Sunset review
			 noticeAt least 2½ years
			 before the review deadline under section 206(a) for a covered rule issued by an
			 agency, the agency shall—
						(A)publish a sunset review notice in
			 accordance with section 207(a) in the Federal Register and, to the extent
			 reasonable and practicable, in other publications or media that are designed to
			 reach those persons most affected by the covered rule; and
						(B)request the views
			 of the Administrator and the appropriate committees of the Congress on whether
			 to continue without change, modify, consolidate, or terminate the covered
			 rule.
						(2)Preliminary
			 reportIn reviewing a covered
			 rule, the agency shall—
						(A)consider public comments and other
			 recommendations generated by a sunset review notice under paragraph (1);
			 and
						(B)at least one year
			 before the review deadline under section 206(a) for the covered rule, publish
			 in the Federal Register, in accordance with section 207(b), and transmit to the
			 Administrator and the appropriate committees of the Congress a preliminary
			 report.
						(3)Final
			 reportThe agency shall
			 consider the public comments and other recommendations generated by the
			 preliminary report under paragraph (2) for a covered rule, and shall consult
			 with the appropriate committees of the Congress before issuing a final report.
			 At least 90 days before the review deadline of the covered rule, the agency
			 shall publish in the Federal Register, in accordance with section 207(c)(2) or
			 207(d), and transmit a final report to the Administrator and the appropriate
			 committees of the Congress.
					(4)Open procedures
			 regarding sunset reviewIn
			 any sunset review conducted pursuant to this title, the agency conducting the
			 review shall make a written record describing the subject of all contacts the
			 agency or Administrator made with non-governmental persons outside the agency
			 relating to such review. The written record of such contact shall be made
			 available, upon request, to the public.
					(c)Effectiveness of
			 agency recommendationIf a
			 final report under subsection (b)(3) recommends that a covered rule should be
			 continued without change, the covered rule shall be continued. If a final
			 report under subsection (b)(3) recommends that a covered rule should be
			 modified, consolidated with another rule, or terminated, the rule may be
			 modified, so consolidated, or terminated in accordance with section
			 207(d).
				(d)Preservation of
			 independence of Federal bank regulatory agenciesThe head of any appropriate Federal banking
			 agency (as that term is defined in section 3(q) of the Federal Deposit
			 Insurance Act (12 U.S.C. 1813(q)), the Federal Housing Finance Board, the
			 National Credit Union Administration, and the Office of Federal Housing
			 Enterprise Oversight shall have the authority with respect to that agency that
			 would otherwise be granted under section 206(a)(2)(B) to the Administrator or
			 other officer designated by the President.
				206.Review
			 deadlines for covered rules
				(a)In
			 general
					(1)Existing
			 significant rulesFor a
			 significant rule in effect on the date of the enactment of this Act, the
			 initial review deadline is the last day of the 4-year, 5-year, 6-year, or
			 7-year period beginning on the date of the enactment of this Act, as specified
			 by the Administrator under section 205(a)(2)(A). For any significant rule that
			 6 months after the date of enactment is not assigned to such a group specified
			 under section 205(a)(2)(A), the initial review deadline is the last day of the
			 4-year period beginning on the date of enactment of this Act.
					(2)New significant
			 rulesFor a significant rule
			 that first takes effect after the date of the enactment of this Act, the
			 initial review deadline is the last day of either—
						(A)the 3-year period beginning on the date the
			 rule takes effect; or
						(B)if the
			 Administrator determines as part of the rulemaking process that the rule is
			 issued pursuant to negotiated rulemaking procedures or that compliance with the
			 rule requires substantial capital investment, the 7-year period beginning on
			 the date the rule takes effect.
						(3)Rules covered
			 pursuant to public petition or congressional requestFor any rule subject to sunset review
			 pursuant to a public petition under section 203(c) or a congressional request
			 under section 203(d), the initial review deadline is the last day of the 3-year
			 period beginning on—
						(A)the date the agency or Administrator so
			 designates the rule for review; or
						(B)the date of
			 issuance of a final court order that the agency is deemed to have designated
			 the rule for sunset review.
						(4)Related rule
			 designated for reviewFor a
			 rule that the Administrator designates under section 205(a)(3) for sunset
			 review because it is related to another covered rule and that is grouped with
			 that other rule for simultaneous review, the initial review deadline is the
			 same as the review deadline for that other rule.
					(b)Temporary
			 extensionThe review deadline
			 under subsection (a) for a covered rule may be extended by the Administrator
			 for not more than 6 months by publishing notice thereof in the Federal Register
			 that describes reasons why the temporary extension is necessary to respond to
			 or prevent an emergency situation.
				(c)Determinations
			 where rules have been amendedFor purposes of this title, if various
			 provisions of a covered rule were issued at different times, then the rule as a
			 whole shall be treated as if it were issued on the later of—
					(1)the date of
			 issuance of the provision of the rule that was issued first; or
					(2)the date the most
			 recent review and revision of the rule under this title was completed.
					207.Sunset review
			 notices and agency reports
				(a)Sunset review
			 noticeThe sunset review
			 notice under section 205(b)(1) for a rule shall—
					(1)request comments regarding whether the rule
			 should be continued without change, modified, consolidated with another rule,
			 or terminated;
					(2)if applicable,
			 request comments regarding whether the rule meets the applicable Federal
			 cost-benefit and risk assessment criteria; and
					(3)solicit comments
			 about the past implementation and effects of the rule, including—
						(A)the direct and
			 indirect costs incurred because of the rule, including the net reduction in the
			 value of private property (whether real, personal, tangible, or intangible),
			 and whether the incremental benefits of the rule exceeded the incremental costs
			 of the rule, both generally and regarding each of the specific industries and
			 sectors it covers;
						(B)whether the rule
			 as a whole, or any major feature of it, is outdated, obsolete, or unnecessary,
			 whether by change of technology, the marketplace, or otherwise;
						(C)the extent to
			 which the rule or information required to comply with the rule duplicated,
			 conflicted, or overlapped with requirements under rules of other
			 agencies;
						(D)in the case of a
			 rule addressing a risk to health or safety or the environment, what the
			 perceived risk was at the time of issuance and to what extent the risk
			 predictions were accurate;
						(E)whether the rule
			 unnecessarily impeded domestic or international competition or unnecessarily
			 intruded on free market forces, and whether the rule unnecessarily interfered
			 with opportunities or efforts to transfer to the private sector duties carried
			 out by the Government;
						(F)whether, and to
			 what extent, the rule imposed unfunded mandates on, or otherwise affected,
			 State and local governments;
						(G)whether compliance
			 with the rule required substantial capital investment and whether terminating
			 the rule on the next review deadline would create an unfair advantage to those
			 who are not in compliance with it;
						(H)whether the rule
			 constituted the least cost method of achieving its objective consistent with
			 the criteria of the Act under which the rule was issued, and to what extent the
			 rule provided flexibility to those who were subject to it;
						(I)whether the rule
			 was worded simply and clearly, including clear identification of those who were
			 subject to the rule;
						(J)whether the rule
			 created negative unintended consequences;
						(K)the extent to
			 which information requirements under the rule can be reduced; and
						(L)the extent to
			 which the rule has contributed positive benefits, particularly health or safety
			 or environmental benefits.
						(b)Preliminary
			 reports on sunset reviewsThe preliminary report under section
			 205(b)(2) on the sunset review of a rule shall request public comments and
			 contain—
					(1)specific requests
			 for factual findings and recommended legal conclusions regarding the
			 application of section 204 to the rule, the continued need for the rule, and
			 whether the rule duplicates functions of another rule;
					(2)a
			 request for comments on whether the rule should be continued without change,
			 modified, consolidated with another rule, or terminated; and
					(3)if consolidation
			 or modification of the rule is recommended, suggestions for the proposed text
			 of the consolidated or modified rule.
					(c)Final reports on
			 sunset reviews
					(1)In
			 generalA final report under
			 section 205(b)(3) on the sunset review of a rule shall—
						(A)contain the
			 factual findings and legal conclusions of the agency conducting the review
			 regarding the application of section 204 to the rule and the agency's proposed
			 recommendation as to whether the rule should be continued without change,
			 modified, consolidated with another rule, or terminated;
						(B)in the case of a
			 rule that the agency proposes to continue without change, so state;
						(C)in the case of a
			 rule that the agency proposes to modify or consolidate with another rule,
			 contain—
							(i)a
			 notice of proposed rulemaking under section 553 of title 5, United States Code,
			 or under other statutory rulemaking procedures required for that rule;
			 and
							(ii)the
			 text of the rule as so modified or consolidated; and
							(D)in the case of a
			 rule that the agency proposes to terminate, contain a notice of proposed
			 rulemaking for termination consistent with paragraph (3)(A).
						(2)Final report
			 published in the Federal RegisterA final report under section
			 205(b)(3) shall be published in the Federal Register.
					(d)RulemakingIn the case of a final report on a rule
			 described in subparagraphs (C) or (D) of subsection (c)(1), the final report
			 shall be published in the Federal Register and its publication shall constitute
			 publication of the notice required by subsection (c)(1)(C)(i). After
			 publication of a final report on a rule described in subparagraphs (C) or (D)
			 of subsection (c)(1) on a sunset review of a rule, the agency which conducted
			 such review shall conduct the rulemaking which is called for in such
			 report.
				208.Designation of
			 agency regulatory review officerThe head of each agency shall designate an
			 officer of the agency as the Regulatory Review Officer of the agency. The
			 Regulatory Review Officer of an agency shall be responsible for the
			 implementation of this title by the agency and shall report directly to the
			 head of the agency and the Administrator with respect to that
			 responsibility.
			209.Relationship to
			 other lawNothing in this
			 title is intended to supersede the provisions of chapters 5, 6, and 7 of title
			 5, United States Code.
			210.Effect of
			 termination of a covered rule
				(a)Effect of
			 termination, generallyIf a
			 covered rule is terminated pursuant to this title—
					(1)this title shall
			 not be construed to prevent the President or an agency from exercising any
			 authority that otherwise exists to implement the statute under which the rule
			 was issued;
					(2)in an agency
			 proceeding or court action between an agency and a non-agency party, the rule
			 shall be given no conclusive legal effect but may be submitted as evidence of
			 prior agency practice and procedure; and
					(3)this title shall
			 not be construed to prevent the continuation or institution of any enforcement
			 action that is based on a violation of the rule that occurred before the
			 effectiveness of the rule terminated.
					(b)Effect on
			 deadlines
					(1)In
			 generalNotwithstanding subsection (a), any deadline for,
			 relating to, or involving any action dependent upon, any rule terminated under
			 this title is suspended until the agency that issued the rule issues a new rule
			 on the same matter, unless otherwise provided by a law.
					(2)Deadline
			 definedIn this subsection, the term deadline means
			 any date certain for fulfilling any obligation or exercising any authority
			 established by or under any Federal rule, or by or under any court order
			 implementing any Federal rule.
					211.Judicial
			 review
				(a)In
			 generalA denial or
			 substantial inexcusable delay in granting or denying a petition under section
			 203(c) shall be considered final agency action subject to review under section
			 702 of title 5, United States Code. A denial of a congressional request under
			 section 203(d) shall not be subject to judicial review.
				(b)Time limitation
			 on filing a civil actionNotwithstanding any other provisions of
			 law, an action seeking judicial review of a final agency action under this
			 title may not be brought—
					(1)in the case of a
			 final agency action denying a public petition under section 203(c) or
			 continuing without change, modifying, consolidating, or terminating a covered
			 rule, more than 30 days after the date of that agency action; or
					(2)in the case of an
			 action challenging a delay in deciding on a petition for a rule under section
			 203(c), more than 1 year after the period applicable to the rule under section
			 203(c)(4).
					(c)Availability of
			 judicial review unaffectedExcept to the extent that there is a
			 direct conflict with the provisions of this title, nothing in this title is
			 intended to affect the availability or standard of judicial review for agency
			 regulatory action.
				212.DefinitionsIn this title:
				(1)AdministratorThe
			 term Administrator means the Administrator of the Office of
			 Information and Regulatory Affairs in the Office of Management and
			 Budget.
				(2)AgencyThe term agency has the
			 meaning given that term in section 551(1) of title 5, United States
			 Code.
				(3)Appropriate
			 committee of the CongressThe term appropriate committee of
			 the Congress means, with respect to a rule, each standing committee of
			 Congress having authority under the rules of the House of Representatives or
			 the Senate to report a bill to amend the provision of law under which the rule
			 is issued.
				(4)Rule
					(A)In
			 generalSubject to subparagraph (B), the term rule
			 means any agency statement of general applicability and future effect,
			 including agency guidance documents, designed to implement, interpret, or
			 prescribe law or policy, or describing the procedures or practices of an
			 agency, or intended to assist in such actions, but does not include—
						(i)regulations or
			 other agency statements issued in accordance with formal rulemaking provisions
			 of sections 556 and 557 of title 5, United States Code, or in accordance with
			 other statutory formal rulemaking procedures required for such regulations or
			 statements;
						(ii)regulations or
			 other agency statements that are limited to agency organization, management, or
			 personnel matters;
						(iii)regulations or
			 other agency statements issued with respect to a military or foreign affairs
			 function of the United States;
						(iv)regulations,
			 statements, or other agency actions that are reviewed and usually modified each
			 year (or more frequently), or are reviewed regularly and usually modified based
			 on changing economic or seasonal conditions;
						(v)regulations or
			 other agency actions that grant an approval, license, permit, registration, or
			 similar authority or that grant or recognize an exemption or relieve a
			 restriction, or any agency action necessary to permit new or improved
			 applications of technology or to allow the manufacture, distribution, sale, or
			 use of a substance or product; and
						(vi)regulations or
			 other agency statements that the Administrator certifies in writing are
			 necessary for the enforcement of the Federal criminal laws.
						(B)Scope of a
			 ruleFor purposes of this title, each set of rules designated in
			 the Code of Federal Regulations as a part shall be treated as one rule. Each
			 set of rules that do not appear in the Code of Federal Regulations and that are
			 comparable to a part of that Code under guidelines established by the
			 Administrator shall be treated as one rule.
					(5)Sunset
			 reviewThe term sunset review means a review of a
			 rule under this title.
				213.Effective
			 dateThis title shall take
			 effect on the date of the enactment of this Act.
			214.Sunset of this
			 titleThis title shall have no
			 force or effect after the 10-year period beginning on the date of the enactment
			 of this Act.


114 HR 2171 IH: Owyhee Wilderness Areas Boundary Modifications Act
U.S. House of Representatives
2015-04-30
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
114th CONGRESS
1st Session
H. R. 2171
IN THE HOUSE OF REPRESENTATIVES

April 30, 2015
Mr. Labrador introduced the following bill; which was referred to the Committee on Natural Resources

A BILL
To modify the boundaries of the Pole Creek Wilderness, the Owyhee River Wilderness, and the North Fork Owyhee Wilderness and to authorize the continued use of motorized vehicles for livestock monitoring, herding, and grazing in certain wilderness areas in the State of Idaho.

1.Short titleThis Act may be cited as the Owyhee Wilderness Areas Boundary Modifications Act . 2.Owyhee wilderness areas boundary modifications (a)Boundary modifications (1)North Fork Owyhee WildernessThe boundary of the North Fork Owyhee Wilderness established by section 1503(a)(1)(D) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1033) is modified to exclude certain land, as depicted on—
(A)the Bureau of Land Management map entitled North Fork Owyhee and Pole Creek Wilderness Aerial and dated October 15, 2014; and (B)the Bureau of Land Management map entitled North Fork Owyhee Wilderness Big Springs Camp Zoom Aerial and dated October 15, 2014.
(2)Owyhee River WildernessThe boundary of the Owyhee River Wilderness established by section 1503(a)(1)(E) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1033) is modified to exclude certain land, as depicted on— (A)the Bureau of Land Management map entitled North Fork Owyhee Wilderness, Pole Creek Wilderness and Owyhee River Wilderness Aerial and dated November 10, 2014;
(B)the Bureau of Land Management map entitled Owyhee River Wilderness Kincaid Reservoir Zoom Aerial and dated October 15, 2014; and (C)the Bureau of Land Management map entitled Owyhee River Wilderness Dickshooter Road Zoom Aerial and dated October 15, 2014.
(3)Pole Creek WildernessThe boundary of the Pole Creek Wilderness established by section 1503(a)(1)(F) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1033) is modified to exclude certain land, as depicted on— (A)the Bureau of Land Management map entitled North Fork Owyhee Wilderness, Pole Creek Wilderness and Owyhee River Wilderness Aerial and dated November 10, 2014; and
(B)the Bureau of Land Management map entitled Pole Creek Wilderness Pullout Zoom Aerial and dated October 15, 2014. (b)Maps (1)EffectThe maps referred to in subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct minor errors in the maps.
(2)AvailabilityThe maps referred to in subsection (a) shall be available in the appropriate offices of the Bureau of Land Management. 3.Use of motorized vehicles for livestock monitoring, herding, and grazingSection 1503(b)(3)(A) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1034) is amended by inserting (including the use of motor vehicles for livestock monitoring, herding, and gathering in those areas) before shall be allowed.
4.Report on livestock grazing management activities
(a)In generalNot later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall submit to the appropriate Committees of Congress a report describing all livestock grazing management activities that were authorized in the areas designated as wilderness by section 1503 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1032) on the day before the date on which those wilderness areas were designated. (b)UseThe Secretary shall use the report submitted under subsection (a) to assist in the management of livestock grazing in the wilderness areas referred to in subsection (a).


116 HR 7572 : For the relief of Median El-Moustrah.
U.S. House of Representatives

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.

VIII116th CONGRESS2d SessionH. R. 7572IN THE SENATE OF THE UNITED STATESDecember 9, 2020Received; read twice and referred to the Committee on the JudiciaryAN ACTFor the relief of Median El-Moustrah.1.Permanent resident status for Median El-Moustrah(a)In generalNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Median El-Moustrah shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.(b)Adjustment of statusIf Median El-Moustrah enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.(c)Waiver of grounds for removal or denial of admission(1)In generalNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Median El-Moustrah may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State on the date of the enactment of this Act.(2)Rescission of outstanding order of removalThe Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Median El-Moustrah by reason of any ground described in paragraph (1).(d)Deadline for application and payment of feesSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.(e)Reduction of immigrant visa numberUpon the granting of an immigrant visa or permanent residence to Median El-Moustrah, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act.(f)Denial of preferential immigration treatment for certain relativesThe natural parents, brothers, and sisters of Median El-Moustrah shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.2.Determination of Budgetary EffectsThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.Passed the House of Representatives December 8, 2020.Cheryl L. Johnson,Clerk.


116 HR 2866 IH: VA Community Infrastructure Act
U.S. House of Representatives
2019-05-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2866IN THE HOUSE OF REPRESENTATIVESMay 21, 2019Mr. Cunningham (for himself and Mr. Bilirakis) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to enter into
			 grants or other agreements to assist State and local governments with
			 community infrastructure projects that support medical facilities of the
			 Department of Veterans Affairs.

 1.Short titleThis Act may be cited as the VA Community Infrastructure Act. 2.Veteran community infrastructure pilot program (a)EstablishmentChapter 81 of title 38, United States Code, is amended by inserting after section 8117 the following new section:

					8117A.Veteran community infrastructure pilot program
 (a)AuthorityThe Secretary of Veterans Affairs may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Veterans Affairs to assist State and local governments to address deficiencies in community infrastructure supportive of medical facilities if the Secretary determines that such assistance will enhance the resilience of the medical facility or the quality of life of veterans eligible to receive care at such medical facility.
 (b)CriteriaThe Secretary shall establish criteria for the selection of community infrastructure projects to receive assistance under subsection (a). The criteria shall include a preference toward medical facilities in areas with large veteran populations or areas experiencing high rates of growth in the veteran population.
 (c)FundsAmounts appropriated or otherwise made available for assistance under subsection (a) may remain available until expended.
 (d)TerminationThe authority under this section shall terminate on the date that is 10 years after the date of the enactment of this section.
 (e)DefinitionsIn this section: (1)The term community infrastructure means any—
 (A)transportation project; (B)flood or natural disaster mitigation project;
 (C)hospital, police, fire, emergency response, or other community support facility; or (D)water, waste-water, telecommunications, electric, gas, or other utility infrastructure project that is owned by a State or local government.
 (2)The term medical facility has the meaning given in section 8101 of this title.. (b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8117 the following new item:

						8117A. Veteran community infrastructure pilot program..