		II

		109th CONGRESS

		1st Session

		S. 498

		IN THE SENATE OF THE UNITED STATES

			March 2, 2005

			Mr. Burr (for himself,

			 Ms. Landrieu, and

			 Mr. Lott) introduced the following bill;

			 which was read twice and referred to the Committee on Energy and Natural

			 Resources

		A BILL

		To provide for expansion of electricity transmission

		  networks in order to support competitive electricity markets, to ensure

		  reliability of electric service, to modernize regulation and for other

		  purposes.

		1.Short

			 title; table of contents

			(a)Short

			 title

				This Act may be cited as the

			 Interstate Transmission Act of

			 2005.

			(b)Table of

			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of

				contents.

					Sec. 2. Findings.

					TITLE I—Reliable and economic transmission

				infrastructure

					Sec. 101. Transmission infrastructure investment.

					Sec. 102. Open nondiscriminatory access.

					Sec. 103. Electric transmission property treated as 15-year

				property.

					Sec. 104. Disposition of property.

					Sec. 105. Electric reliability standards.

					TITLE II—Protecting retail consumers

					Sec. 201. Native load service obligation.

					Sec. 202. Voluntary transmission pricing plans.

					TITLE III—Voluntary participation in Regional Transmission

				Organizations

					Sec. 301. Promotion of voluntary development of regional

				transmission organizations, independent transmission providers, and similar

				organizations.

			2.FindingsCongress finds that—

			(1)transmission

			 networks are the backbone of reliable delivery of electric energy and

			 competitive wholesale power markets;

			(2)the expansion,

			 enhancement, and improvement of transmission facilities, and rules of the road

			 for using the facilities, are necessary to maintain and improve the reliability

			 of electric service and to enhance competitive wholesale markets across the

			 United States and competitive retail markets that have been adopted by nearly ½

			 the States;

			(3)to ensure

			 reliable and efficient expansion, enhancement, and improvement of transmission

			 facilities, the economics of the business of electric transmission and the

			 Federal regulatory structures applicable to the facilities must be

			 improved;

			(4)Federal

			 electricity regulatory policy should benefit consumers by providing incentives

			 for infrastructure improvement and by removing barriers to efficient

			 competition, and not be dictated by the imposition of market structures or

			 costly mandates;

			(5)slow, burdensome,

			 or duplicative reviews of utility mergers are a disincentive to the efficient

			 disposition of utility assets needed to ensure a reliable and efficient

			 infrastructure;

			(6)since efficient

			 competition requires accurate price signals that reflect cost causation,

			 parties that benefit from transmission upgrades should be required to pay for

			 the upgrades;

			(7)Federal

			 regulation should not override the interests of local consumers or State laws

			 that ensure reliable service and adequate transmission capacity to serve

			 consumers;

			(8)in regions where

			 the formation of regional transmission organizations or similar entities have

			 been formed voluntarily with oversight or approval by States, the Federal

			 Energy Regulatory Commission should have clear authority to approve

			 applications for the organizations that are consistent with the Federal Power

			 Act (16 U.S.C. 791a et seq.);

			(9)the States and

			 electricity consumers in each region of the United States, and not the Federal

			 Government, are in the best position to determine how the electric power

			 systems serving their regions should be structured, including whether Regional

			 Transmission Organization formation, traditional vertical integration, or other

			 structures are cost effective for their region; and

			(10)mandatory

			 reliability rules, developed and enforced by a self-regulating electric

			 reliability organization, are a vital component of a comprehensive policy to

			 ensure a robust and reliable electricity grid.

			IReliable and

			 economic transmission infrastructure

				101.

				Transmission infrastructure investment

				Part II of the Federal Power

			 Act (16 U.S.C.

			 824 et seq.) is amended by adding at the end the

			 following:

						215.

						Transmission infrastructure investment

							(a)

							Rulemaking requirement

							Within 1 year after the enactment of this section, the

				Commission shall establish, by rule, incentive-based (including, but not

				limited to performance-based) rate treatments for the transmission of electric

				energy in interstate commerce by any public utility for the purpose of

				benefitting consumers by ensuring reliability and reducing the cost of

				delivered power by reducing transmission congestion. Such rule shall—

								(1)

								promote reliable and economically efficient transmission and

				generation of electricity by promoting capital investment in the enlargement,

				improvement, maintenance and operation of facilities for the transmission of

				electric energy in interstate commerce;

							(2)provide a return

				on equity, determined using a variety of reasonable valuation methodologies,

				that attracts new investment in transmission facilities (including related

				transmission technologies);

								(3)

								encourage deployment of transmission technologies and other

				measures to increase the capacity and efficiency of existing transmission

				facilities and improve the operation of such facilities;

								(4)

								allow recovery of all prudently incurred costs necessary to

				comply with mandatory reliability standards issued pursuant to section 216 of

				this Act;

							(5)allow a current

				return in rates for construction work in progress for transmission facilities

				and full recovery of prudently incurred costs for constructing transmission

				facilities;

							(6)allow the use of

				formula transmission rates;

							(7)allow rates of

				return that do not vary with capital structure; and

							(8)allow a maximum

				15-year accelerated depreciation on new transmission facilities for rate

				treatment purposes.

							(b)

							Additional incentives for RTO participation

							In the rule issued under this section, the Commission shall, to

				the extent within its jurisdiction, provide for incentives to each transmitting

				utility or electric utility that joins a Regional Transmission Organization or

				Independent System Operator. Incentives provided by the Commission pursuant to

				such rule shall include—

								(1)

								recovery of all prudently incurred costs to develop and

				participate in any proposed or approved RTO, ISO, or independent transmission

				company;

								(2)

								recovery of all costs previously approved by a State commission

				which exercised jurisdiction over the transmission facilities prior to the

				utility’s participation in the RTO or ISO, including costs necessary to honor

				preexisting transmission service contracts, in a manner which does not reduce

				the revenues the utility receives for transmission services for a reasonable

				transition period after the utility joins the RTO or ISO; and

								(3)

								recovery as an expense in rates of the costs prudently incurred

				to conduct transmission planning and reliability activities, including the

				costs of participating in RTO, ISO and other regional planning activities and

				design, study and other precertification costs involved in seeking permits and

				approvals for proposed transmission facilities.

							The

				Commission shall ensure that any costs recoverable pursuant to this subsection

				may be recovered by such utility through the transmission rates charged by such

				utility or through the transmission rates charged by the RTO or ISO that

				provides transmission service to such utility.(c)Just and

				reasonable ratesAll rates approved under the rules adopted

				pursuant to this section, including any revisions to such rules, are subject to

				the requirement of sections 205 and 206 that all rates, charges, terms, and

				conditions be just and reasonable and not unduly discriminatory or

				preferential.

						.

				102.

				Open nondiscriminatory access

				Part II of the Federal Power

			 Act (16 U.S.C.

			 824 et seq.) is amended by inserting after section 211 the

			 following new section:

						211A.

						Open access by unregulated transmitting utilities

							(a)

							Transmission services

							Subject to section 212(h), the Commission may, by rule or

				order, require an unregulated transmitting utility to provide transmission

				services—

								(1)

								at rates that are comparable to those that the unregulated

				transmitting utility charges itself; and

								(2)

								on terms and conditions (not relating to rates) that are

				comparable to those under which such unregulated transmitting utility provides

				transmission services to itself and that are not unduly discriminatory or

				preferential.

							(b)

							Exemption

							The Commission shall exempt from any rule or order under this

				section any unregulated transmitting utility that—

								(1)

								sells no more than 4,000,000 megawatt hours of electricity per

				year; or

								(2)

								does not own or operate any transmission facilities that are

				necessary for operating an interconnected transmission system (or any portion

				thereof); or

								(3)

								meets other criteria the Commission determines to be in the

				public interest.

							(c)

							Local distribution facilities

							The requirements of subsection (a) shall not apply to

				facilities used in local distribution.

							(d)

							Exemption termination

							Whenever the Commission, after an evidentiary hearing held upon

				a complaint and after giving consideration to reliability standards established

				under section 216, finds on the basis of a preponderance of the evidence that

				any exemption granted pursuant to subsection (b) unreasonably impairs the

				continued reliability of an interconnected transmission system, it shall revoke

				the exemption granted to that transmitting utility.

							(e)

							Application to unregulated transmitting utilities

							The rate changing procedures applicable to public utilities

				under subsections (c) and (d) of section 205 are applicable to unregulated

				transmitting utilities for purposes of this section.

							(f)

							Remand

							In exercising its authority under paragraph (1) of subsection

				(a), the Commission may remand transmission rates to an unregulated

				transmitting utility for review and revision where necessary to meet the

				requirements of subsection (a).

							(g)

							Other requests

							The provision of transmission services under subsection (a)

				does not preclude a request for transmission services under section 211.

							(h)

							Limitation

							The Commission may not require a State or municipality to take

				action under this section that would violate a private activity bond rule for

				purposes of section 141 of the Internal Revenue Code of 1986 (26 U.S.C.

				141).

							(i)

							Transfer of control of transmitting facilities

							Nothing in this section authorizes the Commission to require an

				unregulated transmitting utility to transfer control or operational control of

				its transmitting facilities to an RTO or any other Commission-approved

				independent transmission organization designated to provide nondiscriminatory

				transmission access.

							(j)

							Definition

							For purposes of this section, the term unregulated

				transmitting utility means an entity that—

								(1)

								owns or operates facilities used for the transmission of

				electric energy in interstate commerce; and

							(2)is an entity

				described in section 201(f).

							.

			103.Electric

			 transmission property treated as 15-year property

				(a)In

			 generalSubparagraph (E) of section 168(e)(3) of the Internal

			 Revenue Code of 1986 (relating to classification of certain property) is

			 amended by striking and at the end of clause (v), by striking

			 the period at the end of clause (vi) and by inserting , and, and

			 by adding at the end the following new clause:

						(vii)any section

				1245 property (as defined in section 1245(a)(3)) used in the transmission at 69

				or more kilovolts of electricity for sale the original use of which commences

				with the taxpayer after the date of the enactment of this clause.

						.

				(b)Alternative

			 systemThe table contained in section 168(g)(3)(B) of the

			 Internal Revenue Code of 1986 (relating to special rule for certain property

			 assigned to classes) is amended by inserting after the item relating to

			 subparagraph (E)(vi) the following:

									(E)(vii)30

						.

				(c)Effective

			 dateThe amendments made by

			 this section shall apply to property placed in service after the date of the

			 enactment of this Act, in taxable years ending after such date.

				104.Disposition of

			 propertySection 203 of the

			 Federal Power Act (16 U.S.C. 824b) is repealed.

				105.

				Electric reliability standards

					(a)

					In general

					Part II of the Federal Power Act (16 U.S.C 824 et seq.) (as

			 amended by section 101) is amended by adding at the end the following:

							216.

							Electric reliability

								(a)

								Definitions

								For purposes of this section:

									(1)

									The term bulk-power system means—

										(A)

										facilities and control systems necessary for operating an

				interconnected electric energy transmission network (or any portion thereof);

				and

										(B)

										electric energy from generation facilities needed to maintain

				transmission system reliability.

									The term

				does not include facilities used in the local distribution of electric

				energy.

									(2)

									The terms Electric Reliability Organization and

				ERO mean the organization certified by the Commission under

				subsection (c) the purpose of which is to establish and enforce reliability

				standards for the bulk-power system, subject to Commission review.

									(3)

									The term reliability standard means a requirement,

				approved by the Commission under this section, to provide for reliable

				operation of the bulk-power system. The term includes requirements for the

				operation of existing bulk-power system facilities and the design of planned

				additions or modifications to such facilities to the extent necessary to

				provide for reliable operation of the bulk-power system, but the term does not

				include any requirement to enlarge such facilities or to construct new

				transmission capacity or generation capacity.

									(4)

									The term reliable operation means operating the

				elements of the bulk-power system within equipment and electric system thermal,

				voltage, and stability limits so that instability, uncontrolled separation, or

				cascading failures of such system will not occur as a result of a sudden

				disturbance or unanticipated failure of system elements.

									(5)

									The term Interconnection means a geographic area

				in which the operation of bulk-power system components is synchronized such

				that the failure of 1 or more of such components may adversely affect the

				ability of the operators of other components within the system to maintain

				reliable operation of the facilities within their control.

									(6)

									The term transmission organization means a

				Regional Transmission Organization, Independent System Operator, independent

				transmission provider, or other transmission organization finally approved by

				the Commission for the operation of transmission facilities.

									(7)

									The term regional entity means an entity having

				enforcement authority pursuant to subsection (e)(4).

								(b)

								Jurisdiction and applicability

								(1)

									The Commission shall have jurisdiction, within the United

				States, over the ERO certified by the Commission under subsection (c), any

				regional entities, and all users, owners and operators of the bulk-power

				system, including but not limited to the entities described in section 201(f),

				for purposes of approving reliability standards established under this section

				and enforcing compliance with this section. All users, owners and operators of

				the bulk-power system shall comply with reliability standards that take effect

				under this section.

									(2)

									The Commission shall issue a final rule to implement the

				requirements of this section not later than 180 days after the date of

				enactment of this section.

								(c)

								Certification

								Following the issuance of a Commission rule under subsection

				(b)(2), any person may submit an application to the Commission for

				certification as the Electric Reliability Organization. The Commission may

				certify 1 such ERO if the Commission determines that such ERO—

									(1)

									has the ability to develop and enforce, subject to subsection

				(e)(2), reliability standards that provide for an adequate level of reliability

				of the bulk-power system; and

									(2)

									has established rules that—

										(A)

										assure its independence of the users and owners and operators

				of the bulk-power system, while assuring fair stakeholder representation in the

				selection of its directors and balanced decisionmaking in any ERO committee or

				subordinate organizational structure;

										(B)

										allocate equitably reasonable dues, fees, and other charges

				among end users for all activities under this section;

										(C)

										provide fair and impartial procedures for enforcement of

				reliability standards through the imposition of penalties in accordance with

				subsection (e) (including limitations on activities, functions, or operations,

				or other appropriate sanctions);

										(D)

										provide for reasonable notice and opportunity for public

				comment, due process, openness, and balance of interests in developing

				reliability standards and otherwise exercising its duties; and

										(E)

										provide for taking, after certification, appropriate steps to

				gain recognition in Canada and Mexico.

								(d)

								Reliability standards

								(1)

									The Electric Reliability Organization shall file each

				reliability standard or modification to a reliability standard that it proposes

				to be made effective under this section with the Commission.

									(2)

									The Commission may approve, by rule or order, a proposed

				reliability standard or modification to a reliability standard if it determines

				that the standard is just, reasonable, not unduly discriminatory or

				preferential, and in the public interest. The Commission shall give due weight

				to the technical expertise of the Electric Reliability Organization with

				respect to the content of a proposed standard or modification to a reliability

				standard and to the technical expertise of a regional entity organized on an

				Interconnection-wide basis with respect to a reliability standard to be

				applicable within that Interconnection, but shall not defer with respect to the

				effect of a standard on competition. A proposed standard or modification shall

				take effect upon approval by the Commission.

									(3)

									The Electric Reliability Organization shall rebuttably presume

				that a proposal from a regional entity organized on an Interconnection-wide

				basis for a reliability standard or modification to a reliability standard to

				be applicable on an Interconnection-wide basis is just, reasonable, and not

				unduly discriminatory or preferential, and in the public interest.

									(4)

									The Commission shall remand to the Electric Reliability

				Organization for further consideration a proposed reliability standard or a

				modification to a reliability standard that the Commission disapproves in whole

				or in part.

									(5)

									The Commission, upon its own motion or upon complaint, may

				order the Electric Reliability Organization to submit to the Commission a

				proposed reliability standard or a modification to a reliability standard that

				addresses a specific matter if the Commission considers such a new or modified

				reliability standard appropriate to carry out this section.

									(6)

									The final rule adopted under subsection (b)(2) shall include

				fair processes for the identification and timely resolution of any conflict

				between a reliability standard and any function, rule, order, tariff, rate

				schedule, or agreement accepted, approved, or ordered by the Commission

				applicable to a transmission organization. Such transmission organization shall

				continue to comply with such function, rule, order, tariff, rate schedule or

				agreement accepted approved, or ordered by the Commission until—

										(A)

										the Commission finds a conflict exists between a reliability

				standard and any such provision;

										(B)

										the Commission orders a change to such provision pursuant to

				section 206 of this part; and

										(C)

										the ordered change becomes effective under this part.

									If the

				Commission determines that a reliability standard needs to be changed as a

				result of such a conflict, it shall order the ERO to develop and file with the

				Commission a modified reliability standard under paragraph (4) or (5) of this

				subsection.

								(e)

								Enforcement

								(1)

									The ERO may impose, subject to paragraph (2), a penalty on a

				user or owner or operator of the bulk-power system for a violation of a

				reliability standard approved by the Commission under subsection (d) if the

				ERO, after notice and an opportunity for a hearing—

										(A)

										finds that the user or owner or operator has violated a

				reliability standard approved by the Commission under subsection (d);

				and

										(B)

										files notice and the record of the proceeding with the

				Commission.

									(2)

									A penalty imposed under paragraph (1) may take effect not

				earlier than the 31st day after the ERO files with the Commission notice of the

				penalty and the record of proceedings. Such penalty shall be subject to review

				by the Commission, on its own motion or upon application by the user, owner or

				operator that is the subject of the penalty filed within 30 days after the date

				such notice is filed with the Commission. Application to the Commission for

				review, or the initiation of review by the Commission on its own motion, shall

				not operate as a stay of such penalty unless the Commission otherwise orders

				upon its own motion or upon application by the user, owner or operator that is

				the subject of such penalty. In any proceeding to review a penalty imposed

				under paragraph (1), the Commission, after notice and opportunity for hearing

				(which hearing may consist solely of the record before the ERO and opportunity

				for the presentation of supporting reasons to affirm, modify, or set aside the

				penalty), shall by order affirm, set aside, reinstate, or modify the penalty,

				and, if appropriate, remand to the ERO for further proceedings. The Commission

				shall implement expedited procedures for such hearings.

									(3)

									On its own motion or upon complaint, the Commission may order

				compliance with a reliability standard and may impose a penalty against a user

				or owner or operator of the bulk-power system if the Commission finds, after

				notice and opportunity for a hearing, that the user or owner or operator of the

				bulk-power system has engaged or is about to engage in any acts or practices

				that constitute or will constitute a violation of a reliability

				standard.

									(4)

									The Commission shall issue regulations authorizing the ERO to

				enter into an agreement to delegate authority to a regional entity for the

				purpose of proposing reliability standards to the ERO and enforcing reliability

				standards under paragraph (1) if—

										(A)

										the regional entity is governed by—

											(i)

											an independent board;

											(ii)

											a balanced stakeholder board; or

											(iii)

											a combination independent and balanced stakeholder

				board.

										(B)

										the regional entity otherwise satisfies the provisions of

				subsection (c)(1) and (2); and

										(C)

										the agreement promotes effective and efficient administration

				of bulk-power system reliability.

									The

				Commission may modify such delegation. The ERO and the Commission shall

				rebuttably presume that a proposal for delegation to a regional entity

				organized on an Interconnection-wide basis promotes effective and efficient

				administration of bulk-power system reliability and should be approved. Such

				regulation may provide that the Commission may assign the ERO’s authority to

				enforce reliability standards under paragraph (1) directly to a regional entity

				consistent with the requirements of this paragraph.

									(5)

									The Commission may take such action as is necessary or

				appropriate against the ERO or a regional entity to ensure compliance with a

				reliability standard or any Commission order affecting the ERO or a regional

				entity.

									(6)

									Any penalty imposed under this section shall bear a reasonable

				relation to the seriousness of the violation and shall take into consideration

				the efforts of such user, owner, or operator to remedy the violation in a

				timely manner.

								(f)

								Changes in Electric Reliability Organization rules

								The Electric Reliability Organization shall file with the

				Commission for approval any proposed rule or proposed rule change, accompanied

				by an explanation of its basis and purpose. The Commission, upon its own motion

				or complaint, may propose a change to the rules of the ERO. A proposed rule or

				proposed rule change shall take effect upon a finding by the Commission, after

				notice and opportunity for comment, that the change is just, reasonable, not

				unduly discriminatory or preferential, is in the public interest, and satisfies

				the requirements of subsection (c).

								(g)

								Reliability reports

								The ERO shall conduct periodic assessments of the reliability

				and adequacy of the bulk-power system in North America.

								(h)

								Coordination with Canada and Mexico

								The President is urged to negotiate international agreements

				with the governments of Canada and Mexico to provide for effective compliance

				with reliability standards and the effectiveness of the ERO in the United

				States and Canada or Mexico.

								(i)

								Savings provisions

								(1)

									The ERO shall have authority to develop and enforce compliance

				with reliability standards for only the bulk-power system.

									(2)

									This section does not authorize the ERO or the Commission to

				order the construction of additional generation or transmission capacity or to

				set and enforce compliance with standards for adequacy or safety of electric

				facilities or services.

									(3)

									Nothing in this section shall be construed to preempt any

				authority of any State to take action to ensure the safety, adequacy, and

				reliability of electric service within that State, as long as such action is

				not inconsistent with any reliability standard.

									(4)

									Within 90 days of the application of the Electric Reliability

				Organization or other affected party, and after notice and opportunity for

				comment, the Commission shall issue a final order determining whether a State

				action is inconsistent with a reliability standard, taking into consideration

				any recommendation of the ERO.

									(5)

									The Commission, after consultation with the ERO and the State

				taking action, may stay the effectiveness of any State action, pending the

				Commission’s issuance of a final order.

								(j)

								Regional advisory bodies

								The Commission shall establish a regional advisory body on the

				petition of at least 2/3 of the States within a region

				that have more than 1/2 of their electric load served

				within the region. A regional advisory body shall be composed of 1 member from

				each participating State in the region, appointed by the Governor of each

				State, and may include representatives of agencies, States, and provinces

				outside the United States. A regional advisory body may provide advice to the

				Electric Reliability Organization, a regional entity, or the Commission

				regarding the governance of an existing or proposed regional entity within the

				same region, whether a standard proposed to apply within the region is just,

				reasonable, not unduly discriminatory or preferential, and in the public

				interest, whether fees proposed to be assessed within the region are just,

				reasonable, not unduly discriminatory or preferential, and in the public

				interest and any other responsibilities requested by the Commission. The

				Commission may give deference to the advice of any such regional advisory body

				if that body is organized on an Interconnection-wide basis.

								(k)

								Alaska and Hawaii

								The provisions of this section do not apply to Alaska or

				Hawaii.

							.

				(b)Status of

			 EROThe Electric Reliability Organization certified by the

			 Federal Energy Regulatory Commission under section 216(c) of the Federal Power

			 Act and any regional entity delegated enforcement authority pursuant to section

			 216(e)(4) of that Act are not departments, agencies, or instrumentalities of

			 the United States Government.

				IIProtecting

			 retail consumers

				201.

				Native load service obligation

				Part II of the Federal Power

			 Act (16 U.S.C.

			 824 et seq.) (as amended by section 105(a)) is amended by

			 adding at the end the following:

						217.

						Native load service obligation

							(a)

							Meeting service obligations

							(1)

								Any load-serving entity that, as of the date of enactment of

				this section—

									(A)

									owns generation facilities, markets the output of Federal

				generation facilities, or holds rights under 1 or more wholesale contracts to

				purchase electric energy, for the purpose of meeting a service obligation,

				and

									(B)

									by reason of ownership of transmission facilities, or 1 or more

				contracts or service agreements for firm transmission service, holds firm

				transmission rights for delivery of the output of such generation facilities or

				such purchased energy to meet such service obligation, is entitled to use such

				firm transmission rights, or, equivalent tradable or financial transmission

				rights, in order to deliver such output or purchased energy, or the output of

				other generating facilities or purchased energy to the extent deliverable using

				such rights, to the extent required to meet its service obligation.

								(2)

								To the extent that all or a portion of the service obligation

				covered by such firm transmission rights or equivalent tradable or financial

				transmission rights is transferred to another load-serving entity, the

				successor load-serving entity shall be entitled to use the firm transmission

				rights or equivalent tradable or financial transmission rights associated with

				the transferred service obligation. Subsequent transfers to another

				load-serving entity, or back to the original load-serving entity, shall be

				entitled to the same rights.

								(3)

								The Commission shall exercise its authority under this Act in a

				manner that facilitates the planning and expansion of transmission facilities

				to meet the reasonable needs of load-serving entities to satisfy their service

				obligations.

							(b)

							Allocation of transmission rights

							Nothing in this section shall affect any methodology approved

				by the Commission prior to September 15, 2003, for the allocation of

				transmission rights by an RTO or ISO that has been authorized by the Commission

				to allocate transmission rights.

							(c)

							Certain transmission rights

							The Commission may exercise authority under this Act to make

				transmission rights not used to meet an obligation covered by subsection (a)

				available to other entities in a manner determined by the Commission to be

				just, reasonable, and not unduly discriminatory or preferential.

							(d)

							Obligation to build

							Nothing in this Act shall relieve a load-serving entity from

				any obligation under State or local law to build transmission or distribution

				facilities adequate to meet its service obligations.

							(e)

							Contracts

							Nothing in this section shall provide a basis for abrogating

				any contract or service agreement for firm transmission service or rights in

				effect as of the date of the enactment of this subsection.

							(f)

							Water pumping facilities

							The Commission shall ensure that any entity described in

				section 201(f) that owns transmission facilities used predominately to support

				its own water pumping facilities shall have, with respect to such facilities,

				protections for transmission service comparable to those provided to

				load-serving entities pursuant to this section.

							(g)

							ERCOT

							This section shall not apply within the area referred to in

				section 212(k)(2)(A).

							(h)

							Jurisdiction

							This section does not authorize the Commission to take any

				action not otherwise within its jurisdiction.

							(i)

							Effect of exercising rights

							An entity that lawfully exercises rights granted under

				subsection (a) shall not be considered by such action as engaging in undue

				discrimination or preference under this Act.

							(j)

							Definitions

							For purposes of this section:

								(1)

								The term distribution utility means an electric

				utility that has a service obligation to end-users or to a State utility or

				electric cooperative that, directly or indirectly, through 1 or more additional

				State utilities or electric cooperatives, provides electric service to

				end-users.

								(2)

								The term load-serving entity means a distribution

				utility or an electric utility that has a service obligation.

								(3)

								The term service obligation means a requirement

				applicable to, or the exercise of authority granted to, an electric utility

				under Federal, State or local law or under long-term contracts to provide

				electric service to end-users or to a distribution utility.

							(4)The term

				State utility means a State or any political subdivision of a

				State, or any agency, authority, or instrumentality of any 1 or more of the

				foregoing, or a corporation which is wholly owned, directly or indirectly, by

				any 1 or more of the foregoing, competent to carry on the business of

				developing, transmitting, utilizing or distributing power.

							.

				202.

				Voluntary transmission pricing plans

				Part II of the Federal Power

			 Act (16 U.S.C.

			 824 et seq.) (as amended by section 201) is amended by adding

			 at the end the following:

						218.

						Voluntary transmission pricing plans

							(a)

							In general

							Any transmission provider, including an RTO or ISO, may submit

				to the Commission a plan or plans under section 205 containing the criteria for

				determining the person or persons that will be required to pay for any

				construction of new transmission facilities or expansion, modification or

				upgrade of transmission facilities (in this section referred to as

				transmission service related expansion) or new generator

				interconnection.

							(b)

							Voluntary transmission pricing plans

							(1)

								Any plan or plans submitted under subsection (a) shall specify

				the method or methods by which costs may be allocated or assigned. Such methods

				may include, but are not limited to:

									(A)

									directly assigned;

									(B)

									participant funded; or

									(C)

									rolled into regional or sub-regional rates.–

								(2)

								FERC shall approve a plan or plans submitted under subparagraph

				(B) of paragraph (1) if such plan or plans—

									(A)

									result in rates that are just and reasonable and not unduly

				discriminatory or preferential consistent with section 205; and

									(B)

									ensure that the costs of any transmission service related

				expansion or new generator interconnection not required to meet applicable

				reliability standards established under section 216 are assigned in a fair

				manner, meaning that those who benefit from the transmission service related

				expansion or new generator interconnection pay an appropriate share of the

				associated costs, provided that—

										(i)

										costs may not be assigned or allocated to an electric utility

				if the native load customers of that utility would not have required such

				transmission service related expansion or new generator interconnection absent

				the request for transmission service related expansion or new generator

				interconnection that necessitated the investment;

										(ii)

										the party requesting such transmission service related

				expansion or new generator interconnection shall not be required to pay for

				both—

											(I)

											the assigned cost of the upgrade; and

											(II)

											the difference between—

												(aa)

												the embedded cost paid for transmission services (including the

				cost of the requested upgrade); and

												(bb)

												the embedded cost that would have been paid absent the upgrade;

				and

										(iii)

										the party or parties who pay for facilities necessary for the

				transmission service related expansion or new generator interconnection

				receives full compensation for its costs for the participant funded facilities

				in the form of—

											(I)

											monetary credit equal to the cost of the participant funded

				facilities (accounting for the time value of money at the Gross Domestic

				Product deflator), which credit shall be pro-rated in equal installments over a

				period of not more than 30 years and shall not exceed in total the amount of

				the initial investment, against the transmission charges that the funding

				entity or its assignee is otherwise assessed by the transmission

				provider;

											(II)

											appropriate financial or physical rights; or

											(III)

											any other method of cost recovery or compensation approved by

				the Commission.

								(3)

								A plan submitted under this section shall apply only to—

									(A)

									a contract or interconnection agreement executed or filed with

				the Commission after the date of enactment of this section; or

									(B)

									an interconnection agreement pending rehearing as of November

				1, 2003.

								(4)

								Nothing in this section diminishes or alters the rights of

				individual members of an RTO or ISO under this Act.

								(5)

								Nothing in this section shall affect the allocation of costs or

				the cost methodology employed by an RTO or ISO authorized by the Commission to

				allocate costs (including costs for transmission service related expansion or

				new generator interconnection) prior to the date of enactment of this

				section.

								(6)

								This section shall not apply within the area referred to in

				section 212(k)(2)(A).

							(7)The term transmission

				provider means a public utility that owns or operates facilities that

				provide interconnection or transmission service in interstate commerce.

							.

			IIIVoluntary

			 participation in Regional Transmission Organizations

				301.

				Promotion of voluntary development of regional transmission

			 organizations, independent transmission providers, and similar

			 organizations

				Part II of the Federal Power

			 Act (16 U.S.C.

			 824 et seq.) (as amended by section 202) is amended by adding

			 at the end thereof the following new section:

						219.

						Promotion of voluntary development of regional transmission

				organizations, independent transmission providers, and similar

				organizations

							(a)

							In general

							The Commission may approve and may encourage the formation of

				regional transmission organizations, independent transmission providers, and

				similar organizations (referred to in this section as transmission

				organizations) for the purpose of enhancing the transmission of

				electric energy in interstate commerce. Among options for the formation of a

				transmission organization, the Commission shall prefer those in which—

								(1)

								participation in the organization by transmitting utilities is

				voluntary;

								(2)

								the form, structure, and operating entity of the organization

				are approved of by participating transmitting utilities; and

								(3)

								market incentives exist to promote investment for expansion of

				transmission facilities and for the introduction of new transmission

				technologies within the territory of the organization.

							(b)

							Conditions

							No order issued under this Act shall be conditioned upon or

				require a transmitting utility to transfer operational control of

				jurisdictional facilities to an independent system operator or other

				transmission organization.

						(c)ComplaintIn

				addition to any other rights or remedies it may have under this Act, any entity

				serving electric load that is denied services by a transmission organization

				that the transmission organization makes available to other load serving

				entities shall be entitled to file a complaint with the Commission concerning

				the denial of such services. If the Commission shall find, after an evidentiary

				hearing on the record, that the denial of services complained of was unjust,

				unreasonable, unduly discriminatory or preferential, or contrary to the public

				interest, the Commission may order the provision of such services at rates and

				on terms and conditions that shall be in accordance with this Act.

						.


 HR 6059 ENR: To designate the facility of the United States Postal Service located at 51 Willow Street in Lynn, Massachusetts, as the “Thomas P. Costin, Jr. Post Office Building”.
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.

I
One Hundred Fifteenth Congress of the United States of AmericaAt the Second SessionBegun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen
H. R. 6059

AN ACT
To designate the facility of the United States Postal Service located at 51 Willow Street in Lynn, Massachusetts, as the Thomas P. Costin, Jr. Post Office Building.

1.Thomas P. Costin, Jr. Post Office Building
(a)DesignationThe facility of the United States Postal Service located at 51 Willow Street in Lynn, Massachusetts, shall be known and designated as the Thomas P. Costin, Jr. Post Office Building.  (b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Thomas P. Costin, Jr. Post Office Building.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


I
111th CONGRESS
1st Session
H. R. 1579
IN THE HOUSE OF REPRESENTATIVES

March 18, 2009
Mr. Fattah introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to allow a credit against income tax for contributions to a trust used to provide need-based college scholarships.

1.Short titleThis Act may be cited as the Communities Committed to College Tax Credit Act of 2009.
2.Credit for contributions to a trust used to provide need-based college scholarships
(a)In generalSubpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section:

30E.Contributions to trust used to provide need-based college scholarships
(a)Allowance of creditIn addition to any deduction allowable under this title, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of designated qualified college scholarship funding contributions made by the taxpayer during the taxable year.
(b)Designated qualified college scholarship funding contributionFor purposes of this section—
(1)In generalThe term designated qualified college scholarship funding contribution means any charitable contribution (as defined in section 170(c))—
(A)which is paid in cash by the taxpayer to a qualified scholarship funding trust, and
(B)which is designated by the trust for purposes of this section.
(2)Qualified scholarship funding trustThe term qualified scholarship funding trust means a trust—
(A)which is established and maintained in the United States by an organization—
(i)described in section 501(c)(3) and exempt from tax under section 501(a), and
(ii)organized primarily for educational purposes,
(B)which is part of a plan of one or more local education agencies (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) of the State in which such trust is established and maintained to provide scholarships to children of such agencies, and
(C)the written governing instrument of which—
(i)requires that the income of the trust be used exclusively to provide qualified scholarships (as defined in section 117(b)) to individuals who—
(I)are candidates for a degree at an institution of higher education (within the meaning given such term by section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), and
(II)have demonstrated financial need in accordance with section 471 of such Act (20 U.S.C. 1087kk), and
(ii)requires that the assets of the trust not be distributed for any purpose.
(c)Limitations
(1)In generalThere is a national qualified college scholarship funding contribution limitation of $1,000,000,000.
(2)Allocation of limitation
(A)In generalSuch national limitation shall be allocated by the Secretary among the qualified scholarship funding trusts which have registered with the Secretary on or before the 180th day after the date of the enactment of this section. Each trust’s share of such national limitation shall be the amount which bears the same ratio to such limitation as the number of school age children of such trust’s sponsoring agencies bears to the aggregate number of school age children of the sponsoring agencies of all trusts which have so registered with the Secretary.
(B)School age children of sponsoring agenciesFor purposes of subparagraph (A), the number of school age children of a trust’s sponsoring agencies is the number of children of the local education agencies referred to in subsection (b)(2)(B) who have attained age 5 but not age 18 for the most recent fiscal year ending before the date the allocations under this paragraph are made.
(3)Designation subject to allocated limitation amountThe amount of contributions made to a qualified scholarship funding trust which may be designated by such trust for purposes of this section shall not exceed the limitation amount allocated to such trust under paragraph (2).
(4)Maximum allocation per trustThe maximum qualified college scholarship funding contribution limitation which may be allocated to each trust is $200,000,000. An amount which may not be allocated to a trust by reason of the preceding sentence shall be allocated as provided in paragraph (2) among registered qualified scholarship funding trusts whose allocated limitation (without regard to this sentence) does not exceed $200,000,000.
(d)Application with other credits
(1)Business credit treated as part of general business creditSo much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) to a taxpayer engaged in a trade or business shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)).
(2)Personal credit
(A)In generalFor purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.
(B)Limitation based on amount of taxIn the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of—
(i)the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
(ii)the sum of the credits allowable under subpart A (other than this section and sections 23 and 25D) and section 27 for the taxable year.
(e)Application of sectionThis section shall apply only to contributions made during the 3-year period beginning on the 180th day after the date of the enactment of this section..
(b)Conforming amendments
(1)Sections 24(b)(3)(B), 25A(i)(5)(B), 25B(g)(2), 26(a)(1), 30(c)(2)(B)(ii), 30B(g)(2)(B)(ii), 904(i), and 1400C(d)(2) of such Code are each amended by striking and 30D and inserting 30D, and 30E.
(2)Section 25(e)(1)(C)(ii) of such Code is amended by inserting 30E, after 30D,.
(3)Section 30D(c)(2)(B)(ii) of such Code is amended by striking and 25D and inserting , 25D, and 30E.
(4)Section 38(b) of such Code is amended by striking plus at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting , plus, and by adding at the end the following new paragraph:

(36)the portion of the credit to which section 30E(d)(1) applies..
(5)The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:

Sec. 30E. Contributions to trust used to provide need-based college scholarships..
(c)Effective dateThe amendments made by this section shall apply to contributions made on or after the 180th day after the date of the enactment of this Act in taxable years ending after such date.


115 HR 3521 IH: Stop Padding Presidential Pockets Act of 2017
U.S. House of Representatives
2017-07-27
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.

I
115th CONGRESS1st Session
H. R. 3521
IN THE HOUSE OF REPRESENTATIVES

July 27, 2017
Mrs. Watson Coleman introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, 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 require reimbursement for costs associated with Presidential travel, and for other purposes.

1.Short titleThis Act may be cited as the Stop Padding Presidential Pockets Act of 2017.  2.FindingsCongress finds the following:
(1)On January 11, 2017, President-Elect Trump announced that management control of his investments and business assets, commonly known as the Trump Organization, would be assumed by two of his sons, Donald Trump, Jr., and Eric Trump prior to the Presidential Inauguration.  (2)On January 19, 2017, President-Elect Trump transferred all his investments and business assets to the Donald J. Trump Revocable Trust whose purpose is to hold assets for the exclusive benefit of Donald J. Trump, and as such has not divested his interest in his investments and holdings.
(3)Donald Trump, Jr., is a trustee of the trust and, like his brother Eric Trump, serves as an Executive Vice President for the Trump Organization which is held in the trust.  (4)Donald Trump, Jr., and Eric Trump and other members of President Trump’s family receive physical protection at all times from the U.S. Secret Service pursuant to section 3056, title 18, United States Code.
(5)Since President Trump’s election, Donald Trump, Jr., and Eric Trump have regularly traveled domestically and overseas in pursuit of the Trump Organization’s business interests and to promote the Trump brand.  (6)Each overseas trip taken by a U.S. Secret Service protectee requires the Service to incur significant costs, including travel, lodging, and costs associated with coordinating with local security entities, embassies, and other overseas partners.
(7)Each such overseas trip may require other Government agencies, such as the Department of State, to incur significant additional costs associated with security and logistics.  (8)In January 2017, Eric Trump, on behalf of the Trump Organization, traveled to Uruguay to attend meetings and a party.
(9)In February 2017, Eric Trump, on behalf of the Trump Organization, traveled to the Dominican Republic to visit a resort project.  (10)In February 2017, Donald Trump, Jr., and Eric Trump, on behalf of the Trump Organization, traveled to the United Arab Emirates to attend a golf course ribbon-cutting ceremony.
(11)In February 2017, Donald Trump, Jr., and Eric Trump, on behalf of the Trump Organization, traveled to Canada to attend a hotel grand opening.  (12)In April 2017, Eric Trump, on behalf of the Trump Organization, traveled to the United Kingdom and the Republic of Ireland to attend business meetings at a golf course.
(13)Additionally, since receiving Secret Service protection, Donald Trump, Jr., and Eric Trump have traveled domestically on a frequent and regular basis on behalf of the Trump Organization.  (14)On February 3, 2017, the Washington Post reported that for just Eric Trump’s January 2017 Uruguayan trip, hotel costs to the Federal Government were $97,830.
(15)On July 12, 2017, the Washington Post reported that for the Trump family’s February 2017 trip to Canada, the Department of State alone spent more than $15,000 to book hotel rooms at the Trump Hotel in Vancouver.  (16)The Federal Government does not receive reimbursement for costs incurred to the Federal Government associated with protecting members of the President’s immediate family while on domestic or overseas travel on behalf of the Trump Organization.
3.Reimbursement requiredNotwithstanding any other provision of law, in the case of a person whom the United States Secret Service is authorized to protect under paragraph (1) or (2) of section 3056(a) of title 18, United States Code, if that person travels domestically or internationally in furtherance of the business interests of an entity owned by or controlled by the President of the United States, or from which the President of the United States receives any financial benefit, that person shall reimburse to the Treasury— (1)amount expended by the United States Secret Service for the provision of such protection; and
(2)any amount expended for other costs incurred by the Government pertaining to that travel.


		I
		112th CONGRESS
		1st Session
		H. R. 2184
		IN THE HOUSE OF REPRESENTATIVES

			June 15, 2011
			Mr. Coffman of
			 Colorado introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources, and in addition to the Committee on
			 Science, Space, and
			 Technology, 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 the Rare Earth Policy Task Force, to direct
		  the Secretary of the Interior to develop a plan to ensure the long-term supply
		  of rare earth materials, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Rare Earth Policy Task Force and
			 Materials Act.
		2.FindingsCongress makes the following
			 findings:
			(1)Significant
			 quantities of rare earths are used in the production of clean energy
			 technologies, including advanced automotive propulsion batteries, electric
			 motors, high-efficiency light bulbs, solar panels, and wind turbines. These
			 technologies are used to advance the United States energy policy of reducing
			 dependence on foreign oil and decreasing greenhouse gas emissions through
			 expansion of cleaner sources of energy.
			(2)Many modern defense technologies such as
			 radar and sonar systems, precision-guided weapons, cruise missiles, and lasers
			 cannot be built, as designed and specified, without the use of rare earths and
			 materials produced from them.
			(3)Rare earths also
			 provide core functionality to a variety of high technology applications in
			 computing, pollution abatement, power generation, water treatment, oil
			 refining, metal alloying, communications, health care, agriculture, and other
			 sectors.
			(4)Though at least 40
			 percent of the world’s rare earth reserves are located within the United States
			 and its ally nations, our country now depends upon imports for nearly 100
			 percent of its rare earth needs.
			3.Actions to
			 promote rare earth development
			(a)In
			 general
				(1)EstablishmentThere
			 is established within the Department of the Interior a task force to be known
			 as the Rare Earth Policy Task Force (referred to in this section
			 as the Task Force), which shall report to the President through
			 the Secretary of the Interior.
				(2)CompositionThe
			 Task Force shall be composed of the following:
					(A)The Secretary of
			 the Interior (or a designee of such Secretary), who shall serve as chair of the
			 Task Force.
					(B)The Secretary of
			 Energy (or a designee of such Secretary).
					(C)The Secretary of
			 Agriculture (or a designee of such Secretary).
					(D)The Secretary of
			 Defense (or a designee of such Secretary).
					(E)The Secretary of
			 Commerce (or a designee of such Secretary).
					(F)The Secretary of
			 State (or a designee of such Secretary).
					(G)The Director of
			 the Office of Management and Budget (or a designee of the Director).
					(H)The Chairman of
			 the Council on Environmental Quality (or a designee of the Chairman).
					(I)Such other members
			 as the Secretary of the Interior considers appropriate.
					(b)DutiesThe
			 Task Force shall assist Federal agencies in reviewing laws (including
			 regulations) and policies that discourage investment in, exploration for, and
			 development of domestic rare earths pursuant to Federal Land Policy and
			 Management Act of 1976, the Act of June 4, 1897, the National Forest Management
			 Act of 1976, and any other applicable statutory authorities related to domestic
			 mining operations.
			(c)Annual
			 reportsAt least once each year, the Task Force shall submit to
			 the President, the Committee on Energy and Natural Resources of the Senate, the
			 Committee on Energy and Commerce of the House of Representatives, and the
			 Committee on Natural Resources of the House of Representatives a report that
			 identifies the substantive and procedural requirements of Federal, State,
			 tribal, and local laws (including regulations) and Executive orders that are
			 inconsistent with, duplicative of, or structured so as to restrict effective
			 implementation of projects that will increase investment in, exploration for,
			 and development of domestic rare earths.
			(d)TerminationThe
			 Task Force shall terminate 10 years after the date of the enactment of this
			 Act.
			4.Rare earth
			 materials program plan
			(a)Plan
				(1)In
			 generalWithin 180 days after the date of enactment of this Act
			 and biennially thereafter, the Secretary of the Interior shall prepare and
			 submit to the appropriate congressional committees a plan for research,
			 development, demonstration, and commercial application to ensure the long-term,
			 secure, and sustainable supply of rare earth materials sufficient to satisfy
			 the national security, economic well-being, and industrial production needs of
			 the United States.
				(2)Specific
			 requirementsThe plan shall include a description of—
					(A)the research and
			 development activities to be carried out under the plan during the subsequent 2
			 years;
					(B)the expected
			 contributions of those activities to the creation of innovative methods and
			 technologies for the efficient and sustainable provision of rare earth
			 materials to the domestic economy; and
					(C)how the plan will
			 promote the broadest possible participation in those activities by academic,
			 industrial, and other contributors.
					(3)ConsultationIn
			 preparing each plan under paragraph (1), the Secretary of the Interior shall
			 consult with appropriate representatives of industry, institutions of higher
			 education, Department of Energy national laboratories, professional and
			 technical societies, and other entities, as determined by the Secretary.
				(b)ActivitiesThe
			 plan shall support activities to—
				(1)better
			 characterize and quantify virgin stocks of rare earth materials using
			 theoretical geochemical research;
				(2)explore, discover,
			 and recover rare earth materials using advanced science and technology;
				(3)improve methods
			 for the extraction, processing, use, recovery, and recycling of rare earth
			 materials;
				(4)improve the
			 understanding of the performance, processing, and adaptability in engineering
			 designs of rare earth materials;
				(5)identify and test
			 alternative materials that can be substituted for rare earth materials in
			 particular applications;
				(6)engineer and test
			 applications that—
					(A)use recycled rare
			 earth materials;
					(B)use alternative
			 materials; or
					(C)seek to minimize
			 rare earth materials content;
					(7)collect,
			 catalogue, archive, and disseminate information on rare earth materials,
			 including scientific and technical data generated by the research and
			 development activities supported under the plan, and assist scientists and
			 engineers in making the fullest possible use of the data holdings; and
				(8)facilitate
			 information sharing and collaboration among program participants and
			 stakeholders.
				(c)Improved
			 processes and technologiesTo the maximum extent practicable, the
			 Secretary of the Interior shall support new or significantly improved processes
			 and technologies as compared to those currently in use in the rare earth
			 materials industry.
			(d)Expanding
			 participationThe Secretary of the Interior shall
			 encourage—
				(1)multidisciplinary
			 collaborations among participants in activities under the plan; and
				(2)extensive
			 opportunities for students at institutions of higher education, including
			 institutions listed under section 371(a) of the Higher Education Act of 1965
			 (20 U.S.C. 1067q(a)).
				(e)ConsistencyThe
			 plan shall be consistent with the policies and programs in the National
			 Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
			 1601 et seq.).
			(f)International
			 collaborationIn carrying out activities under the plan, the
			 Secretary of the Interior may collaborate, to the extent practicable, on
			 activities of mutual interest with the relevant agencies of foreign countries
			 with interests relating to rare earth materials.


		III
		111th CONGRESS
		1st Session
		S. RES. 67
		IN THE SENATE OF THE UNITED STATES

			March 5, 2009
			Mr. Feingold (for
			 himself, Mr. Kohl,
			 Mr. Sanders, Mr. Durbin, Mr.
			 Casey, Mr. Burris,
			 Mrs. Gillibrand,
			 Mr. Chambliss, Mr. Kerry, Mr.
			 Bennet, Mr. Begich,
			 Mr. Bayh, and Mr. Dodd) submitted the following resolution; which
			 was considered and agreed to

		RESOLUTION
		Expressing the sense of the Senate that
		  providing breakfast in schools through the national school breakfast program
		  has a positive impact on the lives and classroom performance of low-income
		  children.

		Whereas participants in the school breakfast program
			 established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)
			 include public, private, elementary, middle, and high schools, as well as
			 schools in rural, suburban, and urban areas;
		Whereas access to nutrition programs such as the school
			 lunch program, established under the Richard B. Russell National School Lunch
			 Act (42 U.S.C. 1751 et seq.) and the national school breakfast program helps to
			 create a stronger learning environment for children and improves children’s
			 concentration in the classroom;
		Whereas missing breakfast and the resulting hunger has
			 been shown to harm the ability of children to learn and to hinder academic
			 performance;
		Whereas students who eat a complete breakfast have been
			 shown to make fewer mistakes and to work faster in math exercises than those
			 who eat a partial breakfast;
		Whereas implementing or improving classroom breakfast
			 programs has been shown to increase breakfast consumption among eligible
			 students dramatically, doubling, and in some cases, tripling numbers of
			 participants in school breakfast programs, as evidenced by research in
			 Minnesota, New York, and Wisconsin;
		Whereas providing breakfast in the classroom has been
			 shown in several instances to improve attentiveness and academic performance,
			 while reducing absences, tardiness, and disciplinary referrals;
		Whereas studies suggest that eating breakfast closer to
			 the time students arrive in the classroom and take tests improves the students'
			 performance on standardized tests;
		Whereas studies show that students who skip breakfast are
			 more likely to have difficulty distinguishing among similar images, show
			 increased errors, and have slower memory recall;
		Whereas children who live in families that experience
			 hunger are likely to have lower math scores, receive more special education
			 services, and face an increased likelihood of repeating a grade;
		Whereas making breakfast widely available in different
			 venues or in a combination of venues, such as by providing breakfast in the
			 classroom, in the hallways outside classrooms, or to students as they exit
			 their school buses, has been shown to lessen the stigma of receiving free or
			 reduced-price school breakfasts, which stigma sometimes prevents eligible
			 students from obtaining traditional breakfast in the cafeteria;
		Whereas in fiscal year 2008, 8,520,000 students in the
			 United States consumed free or reduced-price school breakfasts provided under
			 the national school breakfast program;
		Whereas less than half of the low-income students who
			 participate in the national school lunch program also participate in the
			 national school breakfast program;
		Whereas at least 16,000 schools that participate in the
			 national school lunch program do not participate in the national school
			 breakfast program;
		Whereas in fiscal year 2008, 60 percent of school lunches
			 served, and 80 percent of school breakfasts served, were served to students who
			 qualified for free or reduced-priced meals;
		Whereas the current economic situation, including the
			 increase of nearly 3 percent in the national unemployment rate in 2008, is
			 causing more families to struggle to feed their children and to turn to schools
			 for assistance;
		Whereas studies suggest that children who eat breakfast
			 take in more nutrients, such as calcium, fiber, protein, and vitamins A, E, D,
			 and B–6;
		Whereas studies show that children who participate in
			 school breakfast programs eat more fruits, drink more milk, and consume less
			 saturated fat than those who do not eat breakfast;
		Whereas children who do not eat breakfast, either in
			 school or at home, are more likely to be overweight than children who eat a
			 healthful breakfast on a daily basis; and
		Whereas March 2 through March 6, 2009, is National School
			 Breakfast Week: Now, therefore, be it

		That the Senate—
			(1)recognizes the
			 importance of the school breakfast program established under section 4 of the
			 Child Nutrition Act of 1966 (42 U.S.C. 1773) and the positive impact of the
			 program on the lives of low-income children and families and on children’s
			 overall classroom performance;
			(2)expresses strong
			 support for States that have successfully implemented school breakfast programs
			 in order to alleviate hunger and improve the test scores and grades of
			 participating students;
			(3)encourages all
			 States to strengthen their school breakfast programs, provide incentives for
			 the expansion of school breakfast programs, and promote improvements in the
			 nutritional quality of breakfasts served;
			(4)recognizes the
			 need to provide States with resources to improve the availability of adequate
			 and nutritious breakfasts;
			(5)recognizes the
			 impact of nonprofit and community organizations that work to increase awareness
			 of, and access to, breakfast programs for low-income children; and
			(6)recognizes that
			 National School Breakfast Week helps draw attention to the need for, and
			 success of, the national school breakfast program.


116 S2982 IS: Volunteer First Responder Housing Act
U.S. Senate

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 2982IN THE SENATE OF THE UNITED STATESDecember 5, 2019Ms. Baldwin (for herself, Mr. Rounds, Mr. Roberts, Mrs. Capito, and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo expand eligibility for certain housing programs for qualified volunteer first responders.

 1.Short titleThis Act may be cited as the Volunteer First Responder Housing Act.
 2.DefinitionsIn this Act: (1)Bona fide volunteer; eligible employer; qualified servicesThe terms bona fide volunteer, eligible employer, and qualified services have the meanings given those terms in section 457(e) of the Internal Revenue Code of 1986.
 (2)Indian tribeThe term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
 (3)Qualified volunteer first responderThe term qualified volunteer first responder means any individual who— (A)is a bona fide volunteer performing qualified services for an eligible employer;
 (B)has volunteered for not less than 2 continuous years for an eligible employer; (C)during each of the 2 years described in subparagraph (B)—
 (i)met the minimum requirements for active membership established by the eligible employer; or (ii)if the eligible employer did not establish minimum requirements, volunteered for not less than 200 hours; and
 (D)is certified as a firefighter or other responder in the State, unit of general local government, or Indian tribe in which the individual is serving as volunteer.
				3.Department of Agriculture Single Family Housing Guaranteed Loan Program
 (a)In generalA qualified volunteer first responder who submits to the Secretary of Agriculture (referred to in this section as the Secretary) a verification letter in accordance with subsection (b) shall be eligible for a verified adjustment in annual income under section 3555.152(c) of title 7, Code of Federal Regulations (or successor regulations), in the amount of $18,000.
 (b)Verification letterTo be eligible for a verified deduction under subsection (a), a qualified volunteer first responder shall submit to the Secretary a verification letter from the head of the eligible employer for which the qualified volunteer first responder volunteers, which shall—
 (1)include the date on which the qualified volunteer first responder joined the eligible employer as a volunteer;
 (2)attest to the Secretary that the qualified volunteer first responder— (A)continuously served as a volunteer for the eligible employer during the 2-year period preceding the date of the verification letter; and
 (B)during each of the 2 years described in subparagraph (A)— (i)met the minimum requirements for active membership established by the eligible employer; or
 (ii)if the eligible employer did not establish minimum requirements, volunteered for not less than 200 hours; and
 (3)include a copy of the certification of the qualified volunteer first responder as a firefighter or other responder in the State, unit of general local government, or Indian tribe in which the individual served as a volunteer.
				4.Good Neighbor Next Door Sales Program
 (a)DefinitionsIn this section: (1)DepartmentThe term Department means the Department of Housing and Urban Development.
 (2)SecretaryThe term Secretary means the Secretary of Housing and Urban Development. (b)AmendmentsThe Secretary shall amend—
 (1)section 291.530 of title 24, Code of Federal Regulations, to provide that a qualified volunteer first responder qualifies as a firefighter or emergency medical technician for purposes of the Good Neighbor Next Door Sales Program of the Department; and
 (2)section 291.515 of title 24, Code of Federal Regulations, to provide that, to qualify to purchase a home through the Good Neighbor Next Door Sales Program of the Department, a qualified volunteer first responder shall submit to the Secretary a verification letter from the head of the eligible employer for which the qualified volunteer first responder volunteers, which shall—
 (A)include the date on which the qualified volunteer first responder joined the eligible employer as a volunteer;
 (B)attest to the Secretary that the qualified volunteer first responder— (i)continuously served as a volunteer for the eligible employer during the 2-year period preceding the date of the verification letter; and
 (ii)during each of the 2 years described in clause (i)— (I)met the minimum requirements for active membership established by the eligible employer; or
 (II)if the eligible employer did not establish minimum requirements, volunteered for not less than 200 hours; and
 (C)include a copy of the certification of the qualified volunteer first responder as a firefighter or other responder in the State, unit of general local government, or Indian tribe in which the individual served as a volunteer.


		IIA
		Calendar No. 242
		112th CONGRESS
		1st Session
		S. J. RES. 32
		IN THE SENATE OF THE UNITED STATES

			November 30, 2011
			Mr. Enzi introduced the
			 following joint resolution; which was read the first time

			December 1, 2011
			Read the second time and placed on the
			 calendar

		JOINT RESOLUTION
		To provide for the resolution of the
		  outstanding issues in the current railway labor-management
		  dispute.

		Whereas the labor dispute between the carriers represented
			 by the National Carriers’ Conference Committee of the National Railway Labor
			 Conference and certain of their employees represented by certain labor
			 organizations threatens essential transportation services of the United
			 States;
		Whereas it is essential to the national interest,
			 including the national health and defense, that essential transportation
			 services be maintained;
		Whereas the President, pursuant to the provisions of
			 section 10 of the Railway Labor Act (45 U.S.C. 160), by Executive Order No.
			 13586 of October 6, 2011, created Presidential Emergency Board No. 243 to
			 investigate the dispute and report findings;
		Whereas the recommendations of Presidential Emergency
			 Board No. 243 issued on November 5, 2011, have formed the basis for tentative
			 agreements between some, but not all, of the parties to the disputes;
		Whereas the recommendations of Presidential Emergency
			 Board No. 243 issued on November 5, 2011, have not resulted in a settlement of
			 all the disputes;
		Whereas all of the procedures for resolving such dispute
			 provided for in the Railway Labor Act will be exhausted as of 12:01 ante
			 meridiem of December 6, 2011, at which time essential transportation services
			 will be subject to interruption;
		Whereas it is desirable to resolve such disputes in a
			 manner which encourages solutions reached through collective bargaining;
		Whereas Congress, under the Commerce Clause of the
			 Constitution, has the authority and responsibility to ensure the uninterrupted
			 operation of essential transportation services;
		Whereas Congress finds that emergency measures are
			 essential to the security and continuity of transportation services by such
			 carriers; and
		Whereas Congress has in the past enacted legislation for
			 such purposes: Now, therefore, be it

		That consistent with the purposes of the
			 Railway Labor Act to avoid any labor dispute that threatens substantially to
			 interrupt interstate commerce to a degree such as to deprive any section of the
			 country of essential transportation service—
			(1)the parties to the disputes that are the
			 subject of Executive Order No. 13586 of October 6, 2011, between the carriers
			 represented by the National Carriers’ Conference Committee of the National
			 Railway Labor Conference and certain of their employees represented by the
			 labor organizations which are party to such disputes shall take all necessary
			 steps to restore or preserve the conditions out of which such disputes arose as
			 such conditions existed prior to 12:01 ante meridiem of December 6, 2011,
			 except as otherwise provided in this joint resolution, which status shall
			 remain in effect through December 31, 2014, and which status shall be subject
			 to the provisions of paragraph (2) of this section; and
			(2)the report and
			 recommendations of the Presidential Emergency Board No. 243, dated November 5,
			 2011, shall be binding on the parties and shall have the same effect as though
			 arrived at by agreement of the parties under the Railway Labor Act (45 U.S.C.
			 151 et seq.), and shall be effective for the period from January 1, 2010,
			 through December 31, 2014, except as provided in the report and recommendations
			 of Presidential Emergency Board No. 243 regarding the optional election by a
			 labor organization that is a party to this dispute of the January 1, 2015, wage
			 increase.
			2.Nothing in this joint resolution shall
			 prevent any mutual written agreement by the parties to implement the terms and
			 conditions established by this joint resolution, or prevent a mutual written
			 agreement to any terms and conditions different from those established by this
			 joint resolution.

		December 1, 2011
		Read the second time and placed on the
		  calendar


114 HR 1425 IH: Preserve and Protect God in Military Oaths Act of 2015
U.S. House of Representatives
2015-03-18
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. 1425
IN THE HOUSE OF REPRESENTATIVES

March 18, 2015
Mr. Sam Johnson of Texas (for himself, Mr. Olson, and Mr. Lamborn) introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To amend titles 10 and 32, United States Code, to require congressional approval before any change may be made to the oaths required for appointment as an officer in the Armed Forces, enlistment in the Armed Forces, or appointment as a cadet or midshipman at a military service academy, and for other purposes.

1.Short titleThis Act may be cited as the Preserve and Protect God in Military Oaths Act of 2015. 2.Congressional approval of changes to certain military and civil service oaths (a)Oath for commissioned officers (1)Regular commissioned officersSection 532 of title 10, United States Code, is amended by inserting after subsection (d) the following new subsection:

(e)The text of the oath required for an original appointment as a commissioned officer in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps may not be changed except by Act of Congress.. (2)Regular warrant officersSection 571 of such title is amended by adding at the end the following new subsection:

(d)The text of the oath required for an original appointment as a regular warrant officer may not be changed except by Act of Congress.. (3)Reserve officersSection 12201(a) of such title is amended by adding at the end the following new paragraph:

(3)The text of the oath required by paragraph (1) may not be changed except by Act of Congress.. (b)Enlistment oath (1)In generalSection 502 of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)Text of oathThe text of the oath required by this section may not be changed except by Act of Congress.. (2)National guardSection 304 of title 32, United States Code, is amended by adding at the end the following new sentence: The text of the oath required by this section may not be changed except by Act of Congress..
(c)Military service academy oaths
(1)United States Military AcademySection 4346(d) of title 10, United States Code, is amended by adding at the end the following new sentence: The text of the oath required by this subsection, and the text of any honor oath required of a cadet, may not be changed except by Act of Congress.. (2)United States Naval AcademySection 6958(d) of such title is amended by adding at the end the following new sentence: The Secretary may not change the text of the oath required by this subsection, and the text of any honor oath required of a midshipman, without specific authorization in an Act of Congress..
(3)United States Air Force AcademySection 9346(d) of such title is amended by adding at the end the following new sentence: The Secretary may not change the text of the oath required by this subsection, and the text of any honor oath required of a cadet, without specific authorization in an Act of Congress..


116 HRES 1208 IH: Expressing the sense of the House of Representatives that all Americans, including public officials and candidates for public office, have a responsibility to abstain from participating in “superspreader” events during the COVID–19 pandemic.
U.S. House of Representatives
2020-10-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS2d SessionH. RES. 1208IN THE HOUSE OF REPRESENTATIVESOctober 30, 2020Mr. Krishnamoorthi submitted the following resolution; which was referred to the Committee on Energy and CommerceRESOLUTIONExpressing the sense of the House of Representatives that all Americans, including public officials and candidates for public office, have a responsibility to abstain from participating in superspreader events during the COVID–19 pandemic.Whereas the Centers for Disease Control and Prevention (CDC) recommends that all people wear masks, frequently wash their hands, practice social distancing, and prioritize outdoor activities in order to reduce the spread of COVID–19;Whereas gatherings at which attendees do not follow CDC recommendations for reducing the spread of COVID–19 have the potential to become COVID–19 superspreader events;Whereas, on June 20, 2020, the Donald J. Trump for President campaign held an indoor rally in Tulsa, Oklahoma, at which attendees were not required to wear masks or practice social distancing;Whereas, after the June 20, 2020, rally in Tulsa, Oklahoma, Tulsa County health officials reported 261 COVID–19 cases on Monday, July 6, 2020, an increase from 76 cases reported on the Monday preceding the rally;Whereas Herman Cain, who attended the June 20, 2020, rally in Tulsa, Oklahoma, died from COVID–19 on July 30, 2020;Whereas, on September 18, 2020, the Donald J. Trump for President campaign held a rally in Bemidji, Minnesota, at which attendees were not required to wear masks or practice social distancing;Whereas, following the September 18, 2020, rally in Bemidji, Minnesota, Beltrami County experienced a 35 percent increase in COVID–19 cases, compared to a 14 percent increase in the State overall;Whereas, on September 26, 2020, President Donald J. Trump hosted an event at the White House to celebrate the nomination of Judge Amy Coney Barrett to the Supreme Court, at which attendees were not required to wear masks, practice social distancing, or remain outdoors;Whereas, following the September 26, 2020, event at the White House, at least 11 individuals tested positive for COVID–19, including members of the United States Senate who returned to the Capitol complex in the days following the event;Whereas, to date, at least five Members of the United States Senate and at least 18 members of the United States House of Representatives have tested positive for COVID–19, including 16 Republicans and seven Democrats;Whereas, to date, at least 9 individuals in the Executive Office of the President have tested positive for COVID–19; andWhereas, at least 31 individuals tied to the White House tested positive for COVID–19 around the same time that President Donald J. Trump announced on October 2, 2020, that he had contracted COVID–19: Now, therefore, be itThat it is the sense of the House of Representatives that—(1)gatherings at which public health recommendations for reducing the spread of COVID–19 are not followed have the potential to become COVID–19 superspreader events;(2)the President of the United States, as both an elected official and a candidate for elected office, has hosted multiple superspreader gatherings, most notably a ceremony to celebrate the nomination of Judge Amy Coney Barrett to the Supreme Court; and(3)all Americans, including public officials and candidates for public office, have a responsibility to abstain from hosting and attending such gatherings to protect American public health and safety.