		II
		109th CONGRESS
		2d Session
		S. 2720
		IN THE SENATE OF THE UNITED
		  STATES

			May 4, 2006
			Mr. Baucus introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986
		  to provide incentives to improve America's research competitiveness, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Research Competitiveness Act of
			 2006.
		2.Simplification of
			 research and development credit
			(a)Simplified
			 Credit for Qualified Research Expenses
				(1)In
			 generalSubsection (a) of
			 section 41 of the Internal Revenue Code of 1986 (relating to credit for
			 increasing research activities) is amended to read as follows:

						(a)Determination
				of credit
							(1)In
				generalFor purposes of
				section 38, the research credit determined under this section for the taxable
				year shall be equal to 20 percent of so much of the qualified research expenses
				for such taxable year as exceeds 50 percent of the average qualified research
				expenses for the 3 taxable years preceding the taxable year for which the
				credit is being determined.
							(2)Special rule in
				case of no qualified research expenses in any of 3 preceding taxable
				years
								(A)Taxpayers to
				which paragraph appliesThe
				credit under this section shall be determined under this paragraph if the
				taxpayer has no qualified research expenses in at least 1 of the 3 taxable
				years preceding the taxable year for which the credit is being
				determined.
								(B)Credit
				rateThe credit determined
				under this paragraph shall be equal to 10 percent of the qualified research
				expenses for the taxable
				year.
								.
				(2)Conforming
			 amendmentSection 41 of such
			 Code is amended by striking subsection (c).
				(b)Uniform
			 reimbursement rates for all contract research expenses other than amounts paid
			 for basic research
				(1)In
			 generalSection 41(b)(3) of
			 the Internal Revenue Code of 1986 (relating to contract research expenses) is
			 amended—
					(A)by striking 65 percent and
			 inserting 80 percent, and
					(B)by striking subparagraphs (C) and
			 (D).
					(2)Basic research
			 paymentsSection 41(b) of
			 such Code is amended by redesignating paragraph (4) as paragraph (5) and by
			 inserting after paragraph (3) the following new paragraph:

						(4)Basic research
				payments
							(A)In
				generalIn the case of basic
				research payments by the taxpayer, paragraph (3)(A) shall be applied by
				substituting 100 percent for 80 percent.
							(B)Basic research
				payments definedFor purposes
				of this paragraph—
								(i)In
				generalThe term basic
				research payment means, with respect to any taxable year, any amount
				paid in cash during such taxable year by a corporation to any qualified
				organization for basic research but only if—
									(I)such payment is pursuant to a written
				agreement between such corporation and such qualified organization, and
									(II)such basic research is to be performed by
				such qualified organization.
									(ii)Exception to
				requirement that research be performed by the organizationIn the case of a qualified organization
				described in clause (iii) or (iv) of subparagraph (C), subclause (II) of clause
				(i) shall not apply.
								(C)Qualified
				organizationFor purposes of
				this paragraph, the term qualified organization means any of the
				following organizations:
								(i)Educational
				institutionsAny educational
				organization which—
									(I)is an institution of higher education
				(within the meaning of section 3304(f)), and
									(II)is described in section
				170(b)(1)(A)(ii).
									(ii)Certain
				scientific research organizationsAny organization not described in clause
				(i) which—
									(I)is described in section 501(c)(3) and is
				exempt from tax under section 501(a),
									(II)is organized and operated primarily to
				conduct scientific research, and
									(III)is not a private foundation.
									(iii)Scientific
				tax-exempt organizationsAny
				organization which—
									(I)is described in section 501(c)(3) (other
				than a private foundation) or section 501(c)(6),
									(II)is exempt from tax under section
				501(a),
									(III)is organized and operated primarily to
				promote scientific research by qualified organizations described in clause (i)
				pursuant to written research agreements, and
									(IV)currently expends substantially all of its
				funds or substantially all of the basic research payments received by it for
				grants to, or contracts for basic research with, an organization described in
				clause (i).
									(iv)Certain grant
				organizationsAny
				organization not described in clause (ii) or (iii) which—
									(I)is described in section 501(c)(3) and is
				exempt from tax under section 501(a) (other than a private foundation),
									(II)is established and maintained by an
				organization established before July 10, 1981, which meets the requirements of
				subclause (I),
									(III)is organized and operated exclusively for
				the purpose of making grants to organizations described in clause (i) pursuant
				to written research agreements for purposes of basic research, and
									(IV)makes an election, revocable only with the
				consent of the Secretary, to be treated as a private foundation for purposes of
				this title (other than section 4940, relating to excise tax based on investment
				income).
									(D)Definitions and
				special rulesFor purposes of
				this paragraph—
								(i)Basic
				researchThe term basic
				research means any original investigation for the advancement of
				scientific knowledge not having a specific commercial objective, except that
				such term shall not include—
									(I)basic research conducted outside of the
				United States, and
									(II)basic research in the social sciences,
				arts, or humanities.
									(ii)Trade or
				business qualificationFor
				purposes of applying paragraph (1) to this paragraph, any basic research
				payments shall be treated as an amount paid in carrying on a trade or business
				of the taxpayer in the taxable year in which it is paid (without regard to the
				provisions of paragraph (3)(B)).
								(iii)Certain
				corporations not eligibleThe
				term corporation shall not include—
									(I)an S corporation,
									(II)a personal holding company (as defined in
				section 542), or
									(III)a service organization (as defined in
				section
				414(m)(3)).
									.
				(3)Conforming
			 amendments
					(A)Section 41 of such Code is amended by
			 striking subsection (e).
					(B)Section 41(f) of such Code is amended by
			 striking paragraph (6).
					(c)Permanent
			 extension of credit
				(1)In
			 generalSection 41 of the
			 Internal Revenue Code of 1986 is amended by striking subsection (h).
				(2)Conforming
			 amendmentParagraph (1) of
			 section 45C(b) of such Code is amended by striking subparagraph (D).
				(d)Conforming
			 amendments
				(1)Section 41 of the Internal Revenue Code of
			 1986 is amended by redesignating subsections (d), (f), and (g) as subsections
			 (c), (d), and (e), respectively.
				(2)Paragraphs (2)(A) and (5) (as redesignated
			 by subsection (b)(2)) of section 41(b) of such Code are each amended by
			 striking subsection (f)(1) and inserting subsection
			 (d)(1).
				(3)Sections 45C(d)(3), 45G(e)(2), and
			 936(h)(5)(C)(i)(IV)(c) of such Code are each amended by striking section
			 41(f) and inserting section 41(d).
				(4)Section 54(l)(3)(A) of such Code is amended
			 by striking section 41(g) and inserting section
			 41(e).
				(5)Section 170(e)(4)(B)(i) of such Code is
			 amended by striking subparagraph (A) or subparagraph (B) of section
			 41(e)(6) and inserting clause (i) or (ii) of section
			 41(b)(4)(C).
				(6)Sections 197(f)(1)(C), 197(f)(9)(C)(i)(II),
			 and 280C(b)(3) of such Code are each amended by striking section
			 41(f)(1) and inserting section 41(d)(1).
				(7)Section 280C(b)(3) of such Code is amended
			 by striking section 41(f)(5) and inserting section
			 41(d)(5).
				(8)Section 280C(b)(3) of such Code is amended
			 by striking section 41(f)(1)(B) and inserting section
			 41(d)(1)(B).
				(9)Section 280C(c)(1) of such Code is amended
			 by striking section 41(e)(2) and inserting section
			 41(b)(4)(B).
				(10)Section 280C(c)(2)(A) of such Code is
			 amended by striking section 41(a)(1) and inserting
			 section 41(a).
				(11)Sections 936(j)(5)(D) and 965(c)(2)(C)(i)
			 of such Code are each amended by striking section 41(f)(3) and
			 inserting section 41(d)(3).
				(e)Effective
			 DateThe amendments made by
			 this section shall apply to taxable years beginning after December 31,
			 2007.
			3.Tax credit for
			 investments in small technology innovation companies
			(a)In
			 generalSubpart D of part IV
			 of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by
			 adding at the end the following new section:

					45N.Research investment
				tax credit
						(a)Allowance of
				credit
							(1)In
				generalFor purposes of
				section 38, in the case of a taxpayer who holds a qualified equity investment
				on a credit allowance date of such investment which occurs during the taxable
				year, the research investment tax credit determined under this section for such
				taxable year is an amount equal to the 5 percent of the amount paid to the
				qualified research entity for such investment at its original issue.
							(2)Credit
				allowance dateFor purposes
				of paragraph (1), the term credit allowance date means, with
				respect to any qualified equity investment—
								(A)the date on which such investment is
				initially made, and
								(B)each of the 4 anniversary dates of such
				date thereafter.
								(b)Qualified
				equity investmentFor
				purposes of this section—
							(1)In
				generalThe term
				qualified equity investment means any equity investment in a
				qualified research entity if—
								(A)such investment is acquired by the taxpayer
				at its original issue (directly or through an underwriter) solely in exchange
				for cash,
								(B)substantially all of such cash is used by
				the qualified research entity to make qualified research investments,
				and
								(C)such investment is designated for purposes
				of this section by the qualified research entity.
								Such term shall not include any
				equity investment issued by a qualified research entity more than 5 years after
				the date that such entity receives an allocation under subsection (e). Any
				allocation not used within such 5-year period may be reallocated by the
				Secretary under subsection (e).(2)LimitationThe maximum amount of equity investments
				issued by a qualified research entity which may be designated under paragraph
				(1)(C) by such entity shall not exceed the portion of the limitation amount
				allocated under subsection (f) to such entity.
							(3)Safe harbor for
				determining use of cashThe
				requirement of paragraph (1)(B) shall be treated as met if at least 85 percent
				of the aggregate gross assets of the qualified research entity are invested in
				qualified research investments.
							(4)Treatment of
				subsequent purchasersThe
				term qualified research investment includes any equity investment
				which would (but for paragraph (1)(A)) be a qualified equity investment in the
				hands of the taxpayer if such investment was a qualified equity investment in
				the hands of a prior holder.
							(5)RedemptionsA rule similar to the rule of section
				1202(c)(3) shall apply for purposes of this subsection.
							(6)Equity
				investmentThe term
				equity investment means—
								(A)any stock (other than nonqualified
				preferred stock as defined in section 351(g)(2)) in an entity which is a
				corporation, and
								(B)any capital interest in an entity which is
				a partnership.
								(c)Qualified
				research entityFor purposes
				of this section, the term qualified research entity means any
				domestic corporation or partnership if—
							(1)the primary mission of the entity is
				serving, or providing investment capital for, qualifying small business
				innovation companies,
							(2)the entity maintains accountability to
				engineers, scientists, and other research-related professionals through their
				representation on any governing board of the entity or on any advisory board to
				the entity, and
							(3)the entity is certified by the Secretary
				for purposes of this section as being a qualified research entity.
							(d)Qualified
				research investmentsFor
				purposes of this section—
							(1)In
				generalThe term
				qualified research investment means—
								(A)any capital or equity investment in, or
				loan to, any qualifying small business innovation company, which when added to
				any other such investment in or loan to such company taken into account for
				purposes of this section for any taxable year does not exceed $10,000,000,
				and
								(B)the purchase from another qualified
				research entity of any loan made by such entity which is a qualified research
				investment.
								(2)Qualifying
				small business innovation company
								(A)In
				generalFor purposes of
				paragraph (1), the term qualifying small business innovation
				company means, with respect to any taxable year, any corporation
				(including a nonprofit corporation) or partnership if for such year—
									(i)the gross receipts of such entity do not
				exceed $10,000,000,
									(ii)the aggregate gross assets of such entity
				do not exceed $25,000,000, and
									(iii)at least 50 percent of the gross
				expenditures of such entity would qualify as research or experimental
				expenditures under section 174.
									All persons treated as a single
				employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of
				section 414 shall be treated as one person for purposes of this
				subparagraph.(B)Aggregate gross
				assetsFor purposes of
				subparagraph (A)(ii), the term aggregate gross assets shall have
				meaning given such term by section 1202(d)(2), except such term shall not
				include intangibles and goodwill.
								(e)National
				limitation on amount of investments designated
							(1)In
				generalThere is a research
				investment tax credit limitation for each calendar year. Such limitation
				is—
								(A)$500,000,000 for 2007,
								(B)$750,000,000 for 2008 and 2009, and
								(C)$1,000,000,000 for 2010 and 2011.
								(2)Allocation of
				limitationThe limitation
				under paragraph (1) shall be allocated by the Secretary among qualified
				research entities selected by the Secretary, with not more than $25,000,000
				allocated to any 1 qualified research entity in any calendar year. In making
				allocations under the preceding sentence, the Secretary shall give priority to
				any entity—
								(A)with a record of having successfully
				provided capital or technical assistance to qualifying small business
				innovation companies, or
								(B)which intends to satisfy the requirement
				under subsection (b)(1)(B) by making qualified research investments in 1 or
				more companies in which persons unrelated to such entity (within the meaning of
				section 267(b) or 707(b)(1)) hold the majority equity interest, and
								if more than 1 qualified research
				entity meets subparagraph (A) or (B), the Secretary shall give priority to the
				entity with the earliest investment. If insufficient allocations are available
				for all qualified applicants in any calendar year, the priorities established
				for such applicants without allocations shall be carried over to the succeeding
				calendar year.(3)Carryover of
				unused limitationIf the
				research investment tax credit limitation for any calendar year exceeds the
				aggregate amount allocated under paragraph (2) for such year, such limitation
				for the succeeding calendar year shall be increased by the amount of such
				excess. No amount may be carried under the preceding sentence to any calendar
				year after 2018.
							(f)Recapture of
				credit in certain cases
							(1)In
				generalIf, at any time
				during the 7-year period beginning on the date of the original issue of a
				qualified equity investment in a qualified research entity, there is a
				recapture event with respect to such investment, then the tax imposed by this
				chapter for the taxable year in which such event occurs shall be increased by
				the credit recapture amount.
							(2)Credit
				recapture amountFor purposes
				of paragraph (1), the credit recapture amount is an amount equal to the sum
				of—
								(A)the aggregate decrease in the credits
				allowed to the taxpayer under section 38 for all prior taxable years which
				would have resulted if no credit had been determined under this section with
				respect to such investment, plus
								(B)interest at the underpayment rate
				established under section 6621 on the amount determined under subparagraph (A)
				for each prior taxable year for the period beginning on the due date for filing
				the return for the prior taxable year involved.
								No deduction shall be allowed under
				this chapter for interest described in subparagraph (B).(3)Recapture
				eventFor purposes of
				paragraph (1), there is a recapture event with respect to an equity investment
				in a qualified research entity if—
								(A)such entity ceases to be a qualified
				research entity,
								(B)the proceeds of the investment cease to be
				used as required of subsection (b)(1)(B), or
								(C)such investment is redeemed by such
				entity.
								(4)Special
				rules
								(A)Tax benefit
				ruleThe tax for the taxable
				year shall be increased under paragraph (1) only with respect to credits
				allowed by reason of this section which were used to reduce tax liability. In
				the case of credits not so used to reduce tax liability, the carryforwards and
				carrybacks under section 39 shall be appropriately adjusted.
								(B)No credits
				against taxAny increase in
				tax under this subsection shall not be treated as a tax imposed by this chapter
				for purposes of determining the amount of any credit under this chapter or for
				purposes of section 55.
								(g)RegulationsThe Secretary shall prescribe such
				regulations as may be appropriate to carry out this section, including
				regulations—
							(1)which prevent the abuse of the purposes of
				this section,
							(2)which provide rules for determining whether
				the requirement of subsection (b)(1)(B) is treated as met,
							(3)which impose appropriate reporting
				requirements, and
							(4)which apply the provisions of this section
				to newly formed
				entities.
							.
			(b)Credit treated
			 as business creditSection
			 38(b) of the Internal Revenue Code of 1986 (relating to current year business
			 credit) is amended by striking and at the end of paragraph (29),
			 by striking the period at the end of paragraph (30) and inserting ,
			 plus, and by adding at the end the following new paragraph:

					(31)the credit determined under section
				45N(a).
					.
			(c)Conforming
			 amendmentThe table of
			 sections for subpart D of part IV of subchapter A of chapter 1 of the Internal
			 Revenue Code of 1986 is amended by adding at the end the following new
			 item:

						Sec. 45N. Research investment
				tax
				credit.

					.
			(d)Effective
			 DateThe amendments made by
			 this section shall apply to investments made after December 31, 2006.
			4.Tax-exempt financing
			 of research park facilities
			(a)In
			 generalSubsection (a) of
			 section 142 is amended—
				(1)by striking or at the end of
			 paragraph (14),
				(2)by striking the period at the end of
			 paragraph (15) and inserting , or, and
				(3)by inserting at the end the following new
			 paragraph:

						(16)research park
				facility.
						.
				(b)DefinitionSection 142 is amended by inserting at the
			 end the following new subsection:

					(n)Research park
				facilityFor purposes of
				subsection (a)(15), the term research park facility means a
				facility (including buildings, land, or other structures) which is used in
				connection with research and experimentation (as defined in section
				168(i)(11)). For purposes of the preceding sentence, such term includes
				facilities which are directly related and ancillary to a research park facility
				(determined without regard to this sentence) if—
						(1)such facilities are located on the same
				site as the research park facility, and
						(2)not more than 25 percent of the net
				proceeds of the issue are used to provide such
				facilities.
						.
			(c)Effective
			 dateThe amendments made by
			 this section shall apply with respect to bonds issued on or after the date of
			 the enactment of this Act.
			5.Clarification of
			 application of private activity bond rules with respect to funding of Federal
			 research agreementsNot later
			 than June 30, 2007, the Secretary of the Treasury shall prescribe guidance
			 identifying the circumstances, if any, in which the rights of the Federal
			 Government granted under chapter 18 of title 35, United States Code (commonly
			 known as the Bayh-Dole Act (Pub. Law No. 96–517)) constitute private business
			 use under the private activity bond rules in section 141 of the Internal
			 Revenue Code of 1986.


115 HR 6456 IH: Small Public Housing Regulatory Relief Expansion Act of 2018
U.S. House of Representatives
2018-07-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6456IN THE HOUSE OF REPRESENTATIVESJuly 19, 2018Mr. Palazzo introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend section 38 of the United States Housing Act of 1937 relating to small public housing agencies, and for other purposes.
1.Short titleThis Act may be cited as the Small Public Housing Regulatory Relief Expansion Act of 2018. 2.Definition of small public housing agencyParagraph (2) of section 38(a) of the United States Housing Act of 1937 (42 U.S.C. 1437z–10(a)(2)) is amended—
(1)by striking subparagraph (B); (2)in subparagraph (A) by striking ; and and inserting a period; and
(3)by striking agency— and all that follows through for which in subparagraph (A) and inserting agency for which.


		One Hundred Tenth Congress of the United States of
		  America
		2d SessionBegun and held at the City of Washington on Thursday, the third
		day of January, two thousand and eight
		S. 3029
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To provide for an additional temporary
		  extension of programs under the Small Business Act and the Small Business
		  Investment Act of 1958, and for other purposes.

		1.Additional temporary extension of
			 authorization of programs under the Small Business Act and the Small Business
			 Investment Act of 1958
			(a)In generalSection 1 of the Act entitled An Act
			 to extend temporarily certain authorities of the Small Business
			 Administration, approved October 10, 2006 (Public Law 109–316; 120
			 Stat. 1742), as most recently amended by section 1 of Public Law 110–136 (121
			 Stat. 1453), is amended by striking May 23, 2008 each place it
			 appears and inserting March 20, 2009.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) shall take effect on May 22, 2008.

			Speaker of the House of Representatives

			Vice President of the United States and President of the
			 Senate


116 HCON 35 IH: Expressing the sense of Congress that the United States is committed to ensuring a safe and healthy climate for future generations, and to creating solutions for restoring the climate.
U.S. House of Representatives
2019-04-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS1st SessionH. CON. RES. 35IN THE HOUSE OF REPRESENTATIVESApril 22, 2019Mr. Raskin submitted the following concurrent resolution; which was referred to the Committee on Energy and CommerceCONCURRENT RESOLUTIONExpressing the sense of Congress that the United States is committed to ensuring a safe and healthy
			 climate for future generations, and to creating solutions for restoring
			 the climate.

 Whereas humanity has a continuing obligation to provide future generations a safe and healthy climate, similar to the climate of a hundred years ago;
 Whereas the human species has never before lived with sustained atmospheric carbon dioxide (CO2) levels above 300 parts per million (ppm), which were exceeded in 1925; Whereas current CO2 levels are already about 410 ppm, and are expected to rise to 450 ppm or higher by 2050, based on current Paris Agreement goals;
 Whereas the International Panel on Climate Change (IPCC) has stated that temperatures corresponding to CO2 levels of 450 ppm or above will lead to grave damage to ecosystems;
 Whereas restoring CO2 to levels of 300 ppm requires removing about 1 trillion tons of CO2 from the atmosphere, and doing that in 20 to 50 years requires removing 50 gigatons (GT) of CO2 (which is equal to 50 billion tons) per year from the atmosphere; Whereas multiple methods capable of CO2 removal from the atmosphere at 50 GT CO2 per year have been demonstrated, and annual costs for implementing these methods are expected to be less than 1 to 3 percent of global gross domestic product (GDP);
 Whereas if known methods prove to be incapable of removing 50 GT CO2 per year, then we must develop other methods that will restore a safe and healthy climate for future generations;
 Whereas scientists have researched methods for keeping warming below 2° C, but have not yet researched the best methods to remove all excess CO2, stop sea-level rise, and restore a safe and healthy climate for future generations; and
 Whereas declaring a goal of restoring a safe and healthy climate will encourage scientists to research the most effective ways to restore safe CO2 levels, stop sea-level rise, and restore a safe and healthy climate for future generations: Now, therefore, be it

 That it is the sense of Congress that the United States is committed to ensuring a safe and healthy climate for future generations, and to creating solutions for restoring the climate.


115 S829 : AFG and SAFER Program Reauthorization Act of 2017
U.S. Senate
2017-08-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IC
115th CONGRESS1st Session
S. 829
IN THE HOUSE OF REPRESENTATIVES

August 4, 2017
Referred to the Committee on Science, Space, and Technology

AN ACT
To reauthorize the Assistance to Firefighters Grants program, the Fire Prevention and Safety Grants program, and the Staffing for Adequate Fire and Emergency Response grant program, and for other purposes.

1.Short titleThis Act may be cited as the AFG and SAFER Program Reauthorization Act of 2017.  2.Reauthorization of Assistance to Firefighters Grants program and the Fire Prevention and Safety Grants program (a)Repeal of sunsetSection 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended by striking subsection (r).
(b)Authorization of appropriationsSubsection (q)(1)(B) of such section is amended by striking 2017 and inserting 2023.  (c)Authorization for certain training under Assistance to Firefighters Grants programSubsection (c)(3) of such section is amended by adding at the end the following:

(N)To provide specialized training to firefighters, paramedics, emergency medical service workers, and other first responders to recognize individuals who have mental illness and how to properly intervene with individuals with mental illness, including strategies for verbal de-escalation of crisis..  3.Reauthorization of Staffing for Adequate Fire and Emergency Response grant program (a)Repeal of sunsetSection 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a) is amended by striking subsection (k).
(b)Authorization of appropriationsSubsection (j)(1)(I) of such section is amended, in the matter before clause (i), by striking 2017 and inserting 2023.  (c)Modification of application requirementsSubsection (b)(3)(B) of such section is amended by striking of subsection (a)(1)(B)(ii) and (F) and inserting of subsection (a)(1)(F).
(d)Modification of limitationSubsection (c)(2) of such section is amended by striking prior to November 24, 2003 and inserting prior to the date of the application for the grant.  (e)Modification of waiver authoritySubsection (d)(1)(B) of such section is amended by striking subsection (a)(1)(E) or subsection (c)(2) and inserting subsection (a)(1)(E), (c)(2), or (c)(4).
(f)Repeal of authority for certain use of grant amounts transferred to Assistance to Firefighters Grants programSubsection (a)(1)(B) of such section is amended by striking and to provide and all that follows through of crises.  (g)Expansion of Staffing For Adequate Fire and Emergency Response grant programSubsection (a)(1)(B) of such section, as amended by subsection (f), is further amended by inserting or to change the status of part-time or paid-on-call (as defined in section 33(a)) firefighters to full-time firefighters after firefighters.
4.Training on administration of fire grant programs
(a)In generalThe Administrator of the Federal Emergency Management Agency, acting through the Administrator of the United States Fire Administration, may develop and make widely available an electronic, online training course for members of the fire and emergency response community on matters relating to the administration of grants under sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a).  (b)RequirementsThe Administrator of the Federal Emergency Management Agency shall ensure that any training developed and made available under subsection (a) is—
(1)tailored to the financial and time constraints of members of the fire and emergency response community; and  (2)accessible to all individuals in the career, combination, paid-on-call, and volunteer fire and emergency response community.
5.Framework for oversight and monitoring of the Assistance to Firefighters Grants program, the Fire Prevention and Safety Grants program, and the Staffing for Adequate Fire and Emergency Response grant program
(a)FrameworkNot later than 90 days after the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency, acting through the Administrator of the United States Fire Administration, shall develop and implement a grant monitoring and oversight framework to mitigate and minimize risks of fraud, waste, abuse, and mismanagement relating to the grants programs under sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a).  (b)ElementsThe framework required by subsection (a) shall include the following:
(1)Developing standardized guidance and training for all participants in the grant programs described in subsection (a).  (2)Conduct of regular risk assessments.
(3)Conducting desk reviews and site visits.  (4)Enforcement actions to recoup potential questionable costs of grant recipients.
(5)Such other oversight and monitoring tools as the Administrator of the Federal Emergency Management Agency considers necessary to mitigate and minimize fraud, waste, abuse, and mismanagement relating to the grant programs described in subsection (a). Passed the Senate August 2, 2017.Julie E. Adams,Secretary


113 S52 IS: Promoting Efficiency and Savings in Government Act
U.S. Senate
2013-01-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 52
		IN THE SENATE OF THE UNITED STATES

			January 22
			 (legislative day, January 3), 2013
			Mrs. Boxer introduced
			 the following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To improve the energy and water efficiency of Federal
		  buildings.

		1.Short
			 titleThis Act may be cited as
			 the Promoting Efficiency and Savings
			 in Government Act.
		2.PurposesThe purposes of this Act are—
			(1)to require the General Services
			 Administration to audit the energy performance of buildings owned by the
			 General Services Administration and identify—
				(A)steps that can be taken to improve energy
			 efficiency and reduce costs; and
				(B)cost-savings that can be achieved by
			 implementing energy efficiency measures;
				(2)to establish minimum efficiency standards
			 for buildings leased by the Federal government;
			(3)to increase energy efficiency and reduce
			 pollution; and
			(4)to require regular reporting to Congress
			 and the public on the energy use of Federal buildings and the cost-savings and
			 pollution reduction associated with efficiency measures.
			3.Energy audits of
			 public buildings
			(a)In
			 generalNot later than 1 year after the date of enactment of this
			 Act, each energy manager (as defined in section 543(f)(1) of the National
			 Energy Conservation Policy Act (42 U.S.C. 8253(f)(1))) of a building owned by
			 the General Services Administration shall carry out an audit of that building
			 that—
				(1)identifies any
			 modifications necessary to improve energy efficiency that, within 10 years of
			 implementation, will result in energy cost savings equal to the total
			 investment made; and
				(2)quantifies the
			 estimated cost-savings associated with any energy efficiency improvements
			 identified by the energy manager.
				(b)ReportNot
			 later than 1 year after the date of enactment of this Act, the Administrator of
			 General Services shall report to the Committee on Environment and Public Works
			 of the Senate and the Committee on Transportation and Infrastructure of the
			 House of Representatives on—
				(1)all efficiency
			 improvements identified in the audits carried out under subsection (a);
				(2)the total
			 estimated cost-savings associated with the efficiency improvements described in
			 paragraph (1); and
				(3)the status of
			 implementation of the efficiency improvements described in paragraph
			 (1).
				4.Improving
			 efficiency of leased buildingsSection 435 of the Energy Independence and
			 Security Act of 2007 (42 U.S.C. 17091) is amended—
			(1)in subsection (b)(2), by striking
			 paragraph (2) and inserting paragraph (1);
			(2)by redesignating
			 subsection (c) as subsection (f); and
			(3)by inserting
			 after subsection (b) the following:

					(c)Other
				efficiency improvementsIn accordance with subsection (d),
				beginning 1 year after the date of enactment of the
				Promoting Efficiency and Savings in
				Government Act, each lease of a building or space in a building
				entered into by a Federal department or agency shall include, except under the
				conditions described in subparagraphs (B) through (D) of subsection
				(b)(1)—
						(1)a maximum energy
				intensity standard;
						(2)a lighting
				efficiency requirement, accounting for appropriate task lighting; and
						(3)to the extent
				feasible, an incentive structure that allows the Federal department or agency
				leasing the building or space and the building owner to share the financial
				savings of efficiency investments and efficient operating practices.
						(d)Standards
						(1)In
				generalNot later than 180 days after the date of enactment of
				this subsection, the Administrator of General Services, on the advice of the
				Secretary, shall issue minimum standards under paragraphs (1) and (2) of
				subsection (c) that are designed to improve efficiency in a cost-effective
				manner.
						(2)UpdatesThe
				Secretary shall periodically review the standards under paragraph (1) and make
				any recommendations to the Administrator of General Services for revisions that
				the Secretary determines to be appropriate.
						(e)Report
						(1)In
				generalNot later than 1 year after the date of enactment of this
				subsection and every 2 years thereafter, the Director of the Office of
				Management and Budget, in coordination with the Administrator of General
				Services, shall submit to Congress a report describing—
							(A)the
				implementation by each Federal department or agency of this section; and
							(B)the extent to
				which each Federal department or agency has achieved compliance with the
				applicable requirements and standards of this section.
							(2)Relationship to
				existing reportsA report under paragraph (1) may be incorporated
				into a related or similar report of a Federal agency prepared by that Federal
				agency to meet other similar
				requirements.
						.
			5.Leased building
			 efficiency reportingSection
			 3307(b) of title 40, United States Code, is amended by striking paragraph (7)
			 and inserting the following:

				(7)with respect to
				any prospectus for the construction, alteration, or acquisition of any building
				or space to be leased, an assessment of the future energy performance and water
				efficiency of the building or space, including, to the maximum extent
				practicable—
					(A)a description of
				the energy efficient and renewable energy systems, including photovoltaic
				systems, that are likely to be used in the construction, alteration, or
				acquisition of any building or space to be leased;
					(B)a description of
				the water saving technologies and systems that are likely to be used in the
				construction, alteration, or acquisition of any building or space to be
				leased;
					(C)the expected
				energy and water use intensity for the building or space, as compared to
				buildings of similar type and use;
					(D)a description of
				alternative workplace and other related strategies that are likely to be
				employed to minimize the space requirements and energy and water use of the
				building or space;
					(E)a description of
				the use of lifecycle cost analysis; and
					(F)if applicable, a
				description of any financing methods, such as energy service contracts, that
				are likely to be used for improvements described in subparagraphs (A) and
				(B).
					.
		6.Reporting on
			 building energy and water efficiencySection 436(f) of the Energy Independence
			 and Security Act of 2007 (42 U.S.C. 17092(f)) is amended—
			(1)in paragraph (7),
			 by striking and after the semicolon;
			(2)by redesignating
			 paragraph (8) as paragraph (9);
			(3)by inserting
			 after paragraph (7) the following:

					(8)summarizes the
				energy and water use of Federal buildings, including—
						(A)energy and water
				use data by Department climate zone, building type, primary building use,
				agency, and building vintage;
						(B)data on—
							(i)total energy
				usage and energy usage by heating, ventilation, and air-conditioning, water
				heating, lighting, plug-loads, and other subsystems; and
							(ii)cost savings
				attributable to energy and water efficiency measures; and
							(C)a description of
				the use of design or technological features that contribute to reductions in
				energy and water use, as determined to be appropriate for inclusion by the
				Federal Director; and
						;
				and
			(4)in paragraph (9)
			 (as redesignated by paragraph (2)), by striking (7) and
			 inserting (8).


115 S1457 RS: Advanced Nuclear Energy Technologies Act
U.S. Senate
2017-06-28
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.

IICalendar No. 418115th CONGRESS2d SessionS. 1457[Report No. 115–251]IN THE SENATE OF THE UNITED STATESJune 28, 2017Mr. Flake (for himself, Mr. Booker, Mr. Risch, and Mr. Crapo) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesMay 21, 2018Reported by Ms. Murkowski, with an amendmentOmit the part struck through and insert the part printed in italicA BILL To amend the Energy Policy Act of 2005 to direct the Secretary of Energy to carry out
			 demonstration projects relating to advanced nuclear reactor technologies
			 to support domestic energy needs.

 1.Short titleThis Act may be cited as the Advanced Nuclear Energy Technologies Act.
		2.Advanced nuclear reactor research and development goals
 (a)In generalSubtitle B of title VI of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 782) is amended by adding at the end the following:

					640.Advanced nuclear reactor research and development goals
 (a)DefinitionsIn this section: (1)Advanced Nuclear ReactorThe term advanced nuclear reactor means a nuclear fission or fusion reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (or successor regulations)), with significant improvements compared to commercial nuclear reactors under construction as of the date of enactment of this section, including improvements such as—
 (A)additional inherent safety features; (B)a significantly lower levelized cost of electricity;
 (C)lower waste yields; (D)improved fuel performance;
 (E)increased tolerance to loss of fuel cooling; (F)enhanced reliability;
 (G)increased proliferation resistance; (H)increased thermal efficiency;
 (I)reduced consumption of cooling water; (J)the ability to integrate into electric applications and nonelectric applications;
 (K)modular sizes to allow for deployment that corresponds with the demand for electricity; or (L)operational flexibility to respond to changes in demand for electricity and to complement integration with intermittent renewable energy.
 (2)Demonstration projectThe term demonstration project means an advanced nuclear reactor operated—
 (A)as part of the power generation facilities of an electric utility system; or (B)in any other manner for the purpose of demonstrating the suitability for commercial application of the advanced nuclear reactor.
 (b)PurposeThe purpose of this section is to direct the Secretary, as soon as practicable after the date of enactment of this section, to advance the research and development of domestic advanced, affordable, and clean nuclear energy by—
 (1)demonstrating different advanced nuclear reactor technologies that could be used by the private sector to produce—
 (A)emission-free power at a cost of $65–$70 per mWh or less; (1)Advanced Nuclear ReactorThe term advanced nuclear reactor means a nuclear fission or fusion reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (or successor regulations)), with significant improvements compared to the most recent generation of fission reactors, including improvements such as—
 (A)additional inherent safety features; (B)a significantly lower levelized cost of electricity;
 (C)lower waste yields; (D)improved fuel performance;
 (E)increased tolerance to loss of fuel cooling; (F)enhanced reliability;
 (G)increased proliferation resistance; (H)increased thermal efficiency;
 (I)reduced consumption of cooling water; (J)the ability to integrate into electric applications and nonelectric applications;
 (K)modular sizes to allow for deployment that corresponds with the demand for electricity; or (L)operational flexibility to respond to changes in demand for electricity and to complement integration with intermittent renewable energy.
 (2)Demonstration projectThe term demonstration project means an advanced nuclear reactor operated—
 (A)as part of the power generation facilities of an electric utility system; or (B)in any other manner for the purpose of demonstrating the suitability for commercial application of the advanced nuclear reactor.
 (b)PurposeThe purpose of this section is to direct the Secretary, as soon as practicable after the date of enactment of this section, to advance the research and development of domestic advanced, affordable, and clean nuclear energy by—
 (1)demonstrating different advanced nuclear reactor technologies that could be used by the private sector to produce—
 (A)emission-free power at a levelized cost of electricity of $60 per mWh or less; (B)heat for industrial purposes or synthetic fuel production;
 (C)remote or off-grid energy supply; or (D)backup or mission-critical power supplies;
 (2)developing goals for nuclear energy research programs that would accomplish the goals of the demonstration projects carried out under subsection (c);
 (3)identifying research areas that the private sector is unable or unwilling to undertake due to the cost of, or risks associated with, the research; and
 (4)facilitating the access of the private sector— (A)to Federal research facilities; and
 (B)to the results of research funded by the Federal Government. (c)Demonstration projects (1)In generalDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Secretary shall, to the maximum extent practicable, enter into one or more agreements to carry out not fewer than 4 advanced nuclear reactor demonstration projects.
 (2)RequirementsIn carrying out demonstration projects under paragraph (1), the Secretary shall— (A)seek to include diversity in designs for the advanced nuclear reactors demonstrated under this section, including designs using various primary coolants;
 (B)seek to ensure that— (i)the long-term cost of electricity or heat for each design to be demonstrated under this subsection is cost-competitive in the applicable market; and
 (ii)the cost-competitiveness of each design to be demonstrated under this subsection is verified by an external review of the proposed design;
 (C)enter into cost-sharing agreements with partners in accordance with section 988 for the conduct of activities relating to the research, development, and demonstration of private-sector advanced nuclear reactor designs under the program;
 (D)work with private sector partners to identify potential sites, including Department-owned sites, for demonstrations, as appropriate; and
 (E)align specific activities carried out under demonstration projects carried out under this subsection with priorities identified through direct consultations between—
 (i)the Department; (ii)National Laboratories;
 (iii)traditional end-users (such as electric utilities); (iv)potential end-users of new technologies (such as petrochemical companies); and
 (v)developers of advanced nuclear reactor technology. (d)Goals (1)In generalThe Secretary shall establish goals for research relating to advanced nuclear reactors facilitated by the Department that support the objectives of the program for demonstration projects established under subsection (c).
 (2)CoordinationIn developing the goals under paragraph (1), the Secretary shall coordinate, on an ongoing basis, with members of private industry to advance the demonstration of various designs of advanced nuclear reactors.
 (3)RequirementsIn developing the goals under paragraph (1), the Secretary shall ensure that— (A)research activities facilitated by the Department to meet the goals developed under this subsection are focused on key areas of nuclear research and deployment ranging from basic energy to full-design development, safety evaluation, and licensing;
 (B)research programs designed to meet the goals emphasize— (i)resolving materials challenges relating to radiation damage or corrosive coolants; and
 (ii)qualification of advanced fuels; (C)activities are carried out that address near-term challenges in modeling and simulation to enable accelerated design and licensing;
 (D)related technologies, such as electrochemical processing or fuel recycling that could reduce nuclear waste volumes or half lives, are developed;
 (E)infrastructure, such as a versatile fast neutron source or molten salt testing facility, to aid in research are constructed;
 (F)basic knowledge of non-light water coolant physics and chemistry is improved; and (G)advanced manufacturing and construction techniques and materials are investigated to reduce the commercialization cost of advanced nuclear reactors..
 (b)Table of contents amendmentThe table of contents of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594) is amended by inserting after the item relating to section 639 the following:
				Sec. 640. Advanced nuclear reactor research and development goals..May 21, 2018Reported with an amendment


115 HR 6961 IH: Drought Relief through Innovative Projects Act
U.S. House of Representatives
2018-09-27
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.

I115th CONGRESS2d SessionH. R. 6961IN THE HOUSE OF REPRESENTATIVESSeptember 27, 2018Ms. Sinema (for herself, Mr. Gosar, and Mr. Grijalva) introduced the following bill; which was referred to the Committee on AgricultureA BILLTo direct the Secretary of Agriculture to carry out a grant program to award grants to qualified
			 partnerships to remove non-native plant species that contribute to drought
			 conditions, and for other purposes.

 1.Short titleThis Act may be cited as the Drought Relief through Innovative Projects Act or the DRIP Act. 2.Non-native plant species removal grant program authorized (a)In generalThe Secretary shall establish a grant program to award grants, on a competitive basis, to qualified partnerships to—
 (1)remove non-native plant species that contribute to drought conditions; and (2)replace such non-native plant species with native plant species.
 (b)ApplicationTo be eligible to receive a grant under this section, a qualified partnership shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require, including—
 (1)a plan for how the qualified partnership will use the grant funds to carry out the activities described in paragraphs (1) and (2) of subsection (a);
 (2)how the qualified partnership consulted with local stakeholders, including conservation groups, to establish the plan described under paragraph (1); and
 (3)information demonstrating that the native plant species replaced pursuant to such grant will— (A)reduce flood risk, improve hydrology and water storage capacities, or reduce fire hazard; and
 (B)protect and restore rivers and streams and associated riparian habitats, including fish and wildlife resources that are dependent on such habitats.
 (c)DefinitionsIn this section: (1)Non-native plant speciesThe term non-native plant species means a plant species that—
 (A)is non-native (or alien) to an ecosystem; and (B)when introduced to such ecosystem causes, or is likely to cause, economic harm, environmental harm, or harm to human health.
 (2)Qualified partnershipThe term qualified partnership means a partnership between the following: (A)At least 1 flood control district.
 (B)At least 1 city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State.
 (3)SecretaryThe term Secretary means the Secretary of Agriculture. (d)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2019 and each fiscal year thereafter.


115 HR 212 IH: EFFECT Act
U.S. House of Representatives
2017-01-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 212IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2017Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo amend the Indian Self-Determination and Education Assistance Act to provide a process for
			 expediting congressional review of an Indian tribe’s funding agreement at
			 the Indian tribe’s request, and for other purposes.

 1.Short titleThis Act may be cited as the Expediting Funding For Efficient Contracting Tribes Act or the EFFECT Act. 2.Expedited review of Indian tribe funding agreementsSection 403 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458cc) is amended—
 (1)by redesignating subsections (g) through (l) as subsections (h) through (m), respectively; (2)by inserting after subsection (f) the following:

					(g)Expedited review
 (1)An Indian tribe that is party to a proposed funding agreement may submit a written request for expedited review of the agreement to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives.
 (2)Notwithstanding subsection (f), upon receipt of a written notice, sent by the chairman and ranking minority member of such committee of the Senate and the chair and ranking minority member of such committee of the House of Representatives, that indicates such Members’ assent to an Indian tribe’s request under paragraph (1), the Secretary shall—
 (A)deem part or all of the 90-day review period under subsection (f) waived, if so specified in the notice; and
 (B)set or amend the effective date of the proposed agreement, if so specified in the notice. ; and (3)in subsection (f), by striking Native American Affairs and inserting Indian, Insular and Alaska Native Affairs.


115 S91 RS: Indian Employment, Training and Related Services Consolidation Act of 2017
U.S. Senate
2017-04-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 32115th CONGRESS1st SessionS. 91[Report No. 115–26]IN THE SENATE OF THE UNITED STATESJanuary 10, 2017Ms. Murkowski (for herself and Mr. Sullivan) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsApril 6 (legislative day, April 4), 2017Reported by Mr. Hoeven, without amendmentA BILLTo amend the Indian Employment, Training and Related Services Demonstration Act of 1992 to
			 facilitate the ability of Indian tribes to integrate the employment,
			 training, and related services from diverse Federal sources, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Indian Employment, Training and Related Services Consolidation Act of 2017. 2.Amendment of short title (a)In generalSection 1 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 note) is amended to read as follows:

 1.Short titleThis Act may be cited as the Indian Employment, Training and Related Services Act of 1992.. (b)ReferencesAny reference in law to the Indian Employment, Training and Related Services Demonstration Act of 1992 shall be deemed to be a reference to the Indian Employment, Training and Related Services Act of 1992.
 3.Statement of purposeSection 2 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3401), as amended by section 2 of this Act, is amended—
 (1)by striking The purposes of this Act are to demonstrate how Indian tribal governments can and inserting The purpose of this Act is to facilitate the ability of Indian tribes and tribal organizations to; (2)by inserting from diverse Federal sources after they provide;
 (3)by striking and serve tribally-determined and inserting , and serve tribally determined; and (4)by inserting , while reducing administrative, reporting, and accounting costs after policy of self-determination.
 4.DefinitionsSection 3 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3402), as amended by section 2 of this Act, is amended—
 (1)by striking paragraph (2) and inserting the following:  (2)Indian tribe (A)In generalThe terms Indian tribe and tribe have the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
 (B)InclusionThe term Indian tribe includes tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).;
 (2)by redesignating paragraph (4) as paragraph (5); and (3)by inserting after paragraph (3) the following:

 (4)ProgramThe term program means a program described in section 5(a).. 5.Integration of services authorizedSection 4 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3403), as amended by section 2 of this Act, is amended to read as follows:

 4.Integration of services authorizedThe Secretary shall, after approving a plan submitted by an Indian tribe in accordance with section 8, authorize the Indian tribe to, in accordance with the plan—
 (1)integrate the programs and Federal funds received by the Indian tribe in accordance with waiver authority granted under section 7(d); and
 (2)coordinate the employment, training, and related services provided with those funds in a consolidated and comprehensive tribal plan..
 6.Programs affected and transfer of fundsSection 5 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3404), as amended by section 2 of this Act, is amended to read as follows:

				5.Programs affected
					(a)Programs affected
 (1)In generalThe programs that may be integrated pursuant to a plan approved under section 8 shall be only programs—
 (A)implemented for the purpose of— (i)job training;
 (ii)welfare to work and tribal work experience; (iii)creating or enhancing employment opportunities;
 (iv)skill development; (v)assisting Indian youth and adults to succeed in the workforce;
 (vi)encouraging self-sufficiency; (vii)familiarizing individual participants with the world of work;
 (viii)facilitating the creation of job opportunities; (ix)economic development; or
 (x)any services related to the activities described in clauses (i) through (ix); and (B)under which an Indian tribe or members of an Indian tribe—
 (i)are eligible to receive funds— (I)under a statutory or administrative formula making funds available to an Indian tribe; or
 (II)due to their status as Indians under Federal law; or (ii)have secured funds as a result of a competitive process, a noncompetitive process, or a specific designation.
 (2)Treatment of block grant fundsFor purposes of this section, programs funded by block grant funds provided to an Indian tribe, regardless of whether the block grant is for the benefit of the Indian tribe because of the status of the Indian tribe or the status of the beneficiaries the grant serves, shall be eligible to be integrated into the plan.
 (b)Program authorizationThe Secretary shall, in cooperation with the Attorney General, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Education, the Secretary of Energy, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Transportation, and the Secretary of Veterans Affairs, after the Secretary approves a plan submitted by an Indian tribe or tribal organization under section 8, authorize the Indian tribe or tribal organization, as applicable, to coordinate, in accordance with the plan, federally funded employment, training, and related services programs and funding in a manner that integrates the programs and funding into a consolidated and comprehensive program..
 7.Plan requirementsSection 6 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3405), as amended by section 2 of this Act, is amended to read as follows:

 6.Plan requirementsA plan submitted to the Secretary for approval under this Act shall— (1)identify the programs to be integrated and consolidated;
 (2)be consistent with the purpose of this Act; (3)describe—
 (A)a comprehensive strategy identifying the full range of potential employment opportunities on and near the service area of the Indian tribe;
 (B)the education, training, and related services to be provided to assist Indians to access those employment opportunities;
 (C)the way in which services and program funds are to be integrated, consolidated, and delivered; and (D)the results expected, including the expected number of program participants in unsubsidized employment during the second quarter after exit from the program, from the plan;
 (4)identify the projected expenditures under the plan in a single budget covering all consolidated funds;
 (5)identify any agency of the Indian tribe to be involved in the delivery of the services integrated under the plan;
 (6)identify any statutory provisions, regulations, policies, or procedures that the Indian tribe believes need to be waived to implement the plan; and
 (7)be approved by the governing body of the Indian tribe.. 8.Plan review; waiver authority; and dispute resolutionSection 7 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3406), as amended by section 2 of this Act, is amended to read as follows:

				7.Plan review
 (a)In generalUpon receipt of a plan from an Indian tribe, the Secretary shall consult with— (1)the head of each Federal agency overseeing a program identified in the plan; and
 (2)the Indian tribe that submitted the plan. (b)Identification of waiversThe parties identified in subsection (a) shall identify any waivers of applicable statutory, regulatory, or administrative requirements, or of Federal agency policies or procedures necessary to enable the Indian tribe to efficiently implement the plan.
 (c)Tribal waiver requestIn consultation with the Secretary, a participating Indian tribe may request that the head of each affected agency waive any statutory, regulatory, or administrative requirement, policy, or procedure identified subsection (b).
					(d)Waiver authority
 (1)In generalExcept as provided in paragraph (2), notwithstanding any other provision of law, the head of each affected Federal agency shall waive any applicable statutory, regulatory, or administrative requirement, regulation, policy, or procedure promulgated by the agency that has been identified by the parties under subparagraph (b).
 (2)ExceptionThe head of an affected Federal agency shall not grant a waiver under paragraph (1) if the head of the affected agency determines that a waiver will be inconsistent with—
 (A)the purpose of this Act; or (B)the provision of law from which the program included in the plan derives its authority that is specifically applicable to Indians.
							(e)Decision on waiver request
 (1)In generalNot later than 90 days after the head of an affected agency receives a waiver request, the head of the affected agency shall decide whether to grant or deny the request.
 (2)Denial of requestIf the head of the affected agency denies a waiver request, not later than 30 days after the date on which the denial is made, the head of the affected agency shall provide the requesting Indian tribe and the Secretary with written notice of the denial and the reasons for the denial.
 (3)Failure to Act on requestIf the head of an affected agency does not make a decision under paragraph (1) by the deadline identified in that paragraph, the request shall be considered to be granted.
 (f)Secretarial reviewIf the head of an affected agency denies a waiver request under subsection (e)(2), not later than 30 days after the date on which the request is denied, the Secretary shall review the denial and determine whether granting the waiver—
 (1)will be inconsistent with the provisions of this Act; or (2)will prevent the affected agency from fulfilling the obligations of the affected agency under this Act.
						(g)Interagency dispute resolution
 (1)In generalNot later than 30 days after the date on which the Secretary determines that granting the waiver will not be inconsistent with the provisions of this Act and will not prevent the affected agency from fulfilling the obligations of the affected agency under this Act, the Secretary shall establish and initiate an interagency dispute resolution process involving—
 (A)the Secretary; (B)the participating Indian tribe; and
 (C)the head of the affected agency. (2)DurationA dispute subject to paragraph (1) shall be resolved not later than 30 days after the date on which the process is initiated.
 (h)Final authorityIf the dispute resolution process fails to resolve the dispute between a participating Indian tribe and an affected agency, the head of the affected agency shall have the final authority to resolve the dispute.
 (i)Final decisionNot later than 10 days after the date on which the dispute is resolved under this section, the Secretary shall provide the requesting Indian tribe with—
 (1)the final decision on the waiver request; and (2)notice of the right to file an appeal in accordance with the applicable provisions described in section 8(d)..
 9.Plan approval; secretarial authority; review of decisionSection 8 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3407), as amended by section 2 of this Act, is amended to read as follows:

				8.Plan approval; secretarial authority; review of decision
 (a)In generalThe Secretary shall have exclusive authority to approve or disapprove a plan submitted by an Indian tribe in accordance with section 6.
					(b)Approval process
 (1)In generalNot later than 90 days after the date on which the Secretary receives a plan, the Secretary shall, after coordinating with the Secretary of each Federal agency providing funds to be used to implement the plan, approve or deny the plan.
 (2)ApprovalIf the Secretary approves a plan under paragraph (1), the Secretary shall authorize the transfer of program funds identified in the plan in accordance with section 13.
 (3)DenialIf the Secretary denies the plan under paragraph (1), the Secretary shall provide to the Indian tribe a written notification of disapproval of the plan that contains a specific finding that clearly demonstrates, or that is supported by a controlling legal authority, that the plan does not meet the requirements described in section 6.
						(4)Partial Approval
 (A)In generalIf a plan is denied under paragraph (3) solely on the basis that a request for a waiver that is part of the plan has not been approved (or is subject to dispute resolution) under section 7, the Secretary shall, upon a request from the tribe, grant partial approval for those portions of the plan not affected by the request for a waiver.
 (B)Approval after resolutionWith respect to a plan described in subparagraph (A), on resolution of the request for a waiver under section 7, the Secretary shall, on a request from the tribe, approve the plan or amended plan not later than 90 days after the date on which the Secretary receives the request.
 (5)Failure to ActIf the Secretary does not make a decision under paragraph (1) within 90 days of the date on which the Secretary receives the plan, the plan shall be considered to be approved.
 (c)Extension of timeNotwithstanding any other provision of law, the Secretary may extend or otherwise alter the 90-day period identified in subsection (b)(1) for not more than 90 additional days, if, before the expiration of the period, the Secretary obtains the express written consent of the Indian tribe.
					(d)Review of denial
 (1)Procedure upon refusal to approve planIf the Secretary denies a plan under subsection (b)(3), the Secretary shall— (A)state any objections in writing to the Indian tribe;
 (B)provide assistance to the Indian tribe to overcome the stated objections; and (C)unless the Indian tribe brings a civil action under paragraph (2), provide the Indian tribe with a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter and the opportunity for appeal on the objections raised, under such rules and regulations as the Secretary may promulgate.
							(2)Civil actions
 (A)In generalThe district courts of the United States shall have original jurisdiction of a civil action against the appropriate Secretary arising under this section.
 (B)Administrative hearing and appeal not requiredAn Indian tribe may bring a civil action under this paragraph without regard to whether the Indian tribe had a hearing or filed an appeal under paragraph (1).
 (C)ReliefIn an action brought under this paragraph, the court may order appropriate relief (including injunctive relief to reverse a denial of a plan under this section or to compel an officer or employee of the United States, or any agency thereof, to perform a duty provided under this Act or regulations promulgated thereunder) against any action by an officer or employee of the United States or any agency thereof contrary to this Act or regulations promulgated thereunder.
 (3)Final agency actionNotwithstanding any other provision of law, a decision by an official of the Department of the Interior or the Department of Health and Human Services, as appropriate (collectively referred to in this paragraph as the Department) that constitutes final agency action and that relates to an appeal within the Department that is conducted under paragraph (1)(C) shall be made—
 (A)by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency (such as the Indian Health Service or the Bureau of Indian Affairs) in which the decision that is the subject of the appeal was made; or
 (B)by an administrative law judge.. 10.Employer training placementsSection 10 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3409), as amended by section 2 of this Act, is amended to read as follows:

				10.Employer training placements
 (a)In generalSubject to subsection (b), an Indian tribe that has in place an approved plan under this Act may use the funds made available for the plan under this Act—
 (1)to place participants in training positions with employers; and (2)to pay the participants a training allowance or wage for a training period of not more than 24 months, which may be nonconsecutive.
 (b)RequirementsAn Indian tribe may carry out subsection (a) only if the Indian tribe enters into a written agreement with each applicable employer under which the employer shall agree—
 (1)to provide on-the-job training to the participants; and (2)on satisfactory completion of the training period described in subsection (a)(2), to prioritize the provision of permanent employment to the participants..
 11.Federal responsibilitiesSection 11 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3410), as amended by section 2 of this Act, is amended to read as follows:

				11.Federal responsibilities
					(a)Lead agency
 (1)In generalNotwithstanding any other provision of law, the lead agency responsible for implementation of this Act shall be the Bureau of Indian Affairs.
 (2)InclusionsThe responsibilities of the Director of the Bureau of Indian Affairs in carrying out this Act shall include—
 (A)in coordination with the head of each Federal agency overseeing a program identified in the plan, the development of a single model report for each Indian tribe that has in place an approved plan under this Act to submit to the Director reports on any consolidated activities undertaken and joint expenditures made under the plan;
 (B)the provision, directly or through contract, of appropriate voluntary and technical assistance to participating Indian tribes;
 (C)the development and use of a single monitoring and oversight system for plans approved under this Act;
 (D)(i)the receipt of all funds covered by a plan approved under this Act; and (ii)the distribution of the funds to the respective Indian tribes by not later than 45 days after the date of receipt of the funds from the appropriate Federal department or agency; and
 (E)(i)the performance of activities described in section 7 relating to agency waivers; and (ii)the establishment of an interagency dispute resolution process.
								(3)Memorandum of agreement
 (A)In generalNot later than 1 year after the date of enactment of the Indian Employment, Training and Related Services Consolidation Act of 2017, the Secretary (acting through the Director of the Bureau of Indian Affairs), in conjunction with the Secretaries of Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Labor, Transportation, and Veterans Affairs and the Attorney General, shall enter into an interdepartmental memorandum of agreement providing for the implementation of this Act.
 (B)InclusionsThe memorandum of agreement under subparagraph (A) shall include provisions relating to— (i)an annual meeting of participating Indian tribes and Federal departments and agencies, to be co-chaired by—
 (I)a representative of the President; and (II)a representative of the participating Indian tribes;
 (ii)an annual review of the achievements under this Act, including the number and percentage of program participants in unsubsidized employment during the second quarter after exit from the program, and any statutory, regulatory, administrative, or policy obstacles that prevent participating Indian tribes from fully and efficiently carrying out the purposes of this Act; and
 (iii)a forum comprised of participating Indian tribes and Federal departments and agencies to identify and resolve interagency conflicts and conflicts between the Federal Government and Indian tribes in the administration of this Act.
								(b)Report format
 (1)In generalThe lead agency shall develop and distribute to Indian tribes that have in place an approved plan under this Act a single report format, in accordance with the requirements of this Act.
 (2)RequirementsThe lead agency shall ensure that the report format developed under paragraph (1), together with records maintained by each participating Indian tribe, contains information sufficient—
 (A)to determine whether the Indian tribe has complied with the requirements of the approved plan of the Indian tribe;
 (B)to determine the number and percentage of program participants in unsubsidized employment during the second quarter after exit from the program; and
 (C)to provide assurances to the head of each applicable Federal department or agency that the Indian tribe has complied with all directly applicable statutory and regulatory requirements not waived under section 7.
 (3)LimitationThe report format developed under paragraph (1) shall not require a participating Indian tribe to report on the expenditure of funds expressed by fund source or single agency code transferred to the Indian tribe under an approved plan under this Act but instead shall require the Indian tribe to submit a single report on the expenditure of consolidated funds under such plan..
 12.No reduction in amountsSection 12 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3411), as amended by section 2 of this Act, is amended to read as follows:

				12.No reduction in amounts
 (a)In generalIn no case shall the amount of Federal funds available to an Indian tribe that has in place an approved plan under this Act be reduced as a result of—
 (1)the enactment of this Act; or (2)the approval or implementation of a plan of an Indian tribe under this Act.
 (b)Interaction with other lawsThe inclusion of a program in a tribal plan under this Act shall not— (1)modify, limit, or otherwise affect the eligibility of the program for contracting under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.); or
 (2)eliminate the applicability of any provision of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.), as the provision relates to a specific program eligible for contracting under that Act..
 13.Transfer of fundsSection 13 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3412), as amended by section 2 of this Act, is amended to read as follows:

				13.Transfer of funds
 (a)In generalNotwithstanding any other provision of law, not later than 30 days after the date of apportionment to the applicable Federal department or agency, the head of a Federal agency overseeing a program identified in a plan approved under this Act shall transfer to the Director of the Bureau of Indian Affairs for distribution to an Indian tribe any funds identified in the approved plan of the Indian tribe.
 (b)Transfer of fundsNotwithstanding any other provision of law, at the request of the Indian tribe, all program funds transferred to an Indian tribe in accordance with the approved plan of the Indian tribe shall be transferred to the Indian tribe pursuant to an existing contract, compact, or funding agreement awarded pursuant to title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.)..
 14.Administration of fundsSection 14 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3413), as amended by section 2 of this Act, is amended—
 (1)by redesignating subsection (b) as subsection (d); (2)by striking the section designation and heading and all that follows through subsection (a) and inserting the following:

					14.Administration of funds
						(a)Requirements
							(1)In general
 (A)Consolidation and reallocation of fundsNotwithstanding any other provision of law, all amounts transferred to a tribe pursuant to an approved plan may be consolidated, reallocated, and rebudgeted as specified in the approved plan to best meet the employment, training, and related needs of the local community served by the Indian tribe.
 (B)Authorized use of fundsThe amounts used to carry out a plan approved under this Act shall be administered in such manner as the Secretary determines to be appropriate to ensure the amounts are spent on activities authorized under the approved plan.
 (C)EffectNothing in this section interferes with the ability of the Secretary or the lead agency to use accounting procedures that conform to generally accepted accounting principles, auditing procedures, and safeguarding of funds that conform to chapter 75 of title 31, United States Code (commonly known as the Single Audit Act of 1984).
 (2)Separate records and audits not requiredNotwithstanding any other provision of law (including regulations and circulars of any agency (including Office of Management and Budget Circular A–133)), an Indian tribe that has in place an approved plan under this Act shall not be required—
 (A)to maintain separate records that trace any service or activity conducted under the approved plan to the program for which the funds were initially authorized or transferred;
 (B)to allocate expenditures among such a program; or (C)to audit expenditures by the original source of the program.
								(b)Carryover
 (1)In generalAny funds transferred to an Indian tribe under this Act that are not obligated or expended prior to the beginning of the fiscal year after the fiscal year for which the funds were appropriated shall remain available for obligation or expenditure without fiscal year limitation, subject to the condition that the funds shall be obligated or expended in accordance with the approved plan of the Indian tribe.
 (2)No additional documentationThe Indian tribe shall not be required to provide any additional justification or documentation of the purposes of the approved plan as a condition of receiving or expending the funds.
 (c)Indirect costsNotwithstanding any other provision of law, an Indian tribe shall be entitled to recover 100 percent of any indirect costs incurred by the Indian tribe as a result of the transfer of funds to the Indian tribe under this Act.; and
 (3)in subsection (d) (as redesignated by paragraph (1))— (A)by striking All administrative and inserting the following:

 (1)In generalAll administrative; and  (B)by striking regulations) and all that follows through the end of the subsection and inserting the following:

 regulations).(2)TreatmentThe amount equal to the difference between the amount of the commingled funds and the actual administrative cost of the programs, as described in paragraph (1), shall be considered to be properly spent for Federal audit purposes if the amount is used to achieve the purposes of this Act.
 (e)Matching FundsNotwithstanding any other provision of law, any funds transferred to an Indian tribe under this Act shall be treated as non-Federal funds for purposes of meeting matching requirements under any other Federal law, except those administered by the Department of Labor or the Department of Health and Human Services.
 (f)ClaimsThe following provisions of law shall apply to plans approved under this Act: (1)Section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101–512; 104 Stat. 1959).
 (2)Chapter 171 of title 28 (commonly known as the Federal Tort Claims Act). (g)Interest or other income (1)In generalAn Indian tribe shall be entitled to retain interest earned on any funds transferred to the tribe under an approved plan and such interest shall not diminish the amount of funds the Indian tribe is authorized to receive under the plan in the year the interest is earned or in any subsequent fiscal year.
 (2)Prudent investmentFunds transferred under a plan shall be managed in accordance with the prudent investment standard.. 15.Labor market information on Indian work forceSection 17(a) of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3416(a)), as amended by section 2 of this Act, is amended in the first sentence—
 (1)by striking The Secretary and all that follows through manner, and inserting The Secretary of Labor, in consultation with the Secretary, Indian tribes, and the Director of the Bureau of the Census, shall; and
 (2)by striking , by gender,. 16.Repeals; conforming amendments (a)RepealsSections 15 and 16 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3414, 3415), as amended by section 2 of this Act, are repealed.
 (b)Conforming amendmentsSections 17 and 18 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3416, 3417) (as amended by this Act) are redesignated as sections 15 and 16, respectively.
 17.Effect of ActNothing in this Act or any amendment made by this Act— (1)affects any plan approved under the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3401 et seq.), as amended by section 2 of this Act, before the date of enactment of this Act;
 (2)requires any Indian tribe or tribal organization to resubmit a plan described in paragraph (1); or (3)modifies the effective period of any plan described in paragraph (1).April 6 (legislative day, April 4), 2017Reported without amendment


115 HR 1870 IH: Police Training and Independent Review Act of 2017
U.S. House of Representatives
2017-04-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 1870IN THE HOUSE OF REPRESENTATIVESApril 4, 2017Mr. Cohen (for himself, Mr. Brown of Maryland, Ms. Adams, Ms. Bass, Mrs. Beatty, Mr. Beyer, Mr. Blumenauer, Mr. Brady of Pennsylvania, Mr. Butterfield, Mr. Capuano, Mr. Carson of Indiana, Ms. Castor of Florida, Ms. Judy Chu of California, Mr. Cicilline, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Clay, Mr. Cleaver, Mr. Conyers, Mr. Cummings, Mr. Danny K. Davis of Illinois, Ms. DeLauro, Mrs. Dingell, Mr. Ellison, Ms. Eshoo, Mr. Foster, Ms. Fudge, Mr. Gallego, Mr. Al Green of Texas, Mr. Grijalva, Mr. Gutiérrez, Mr. Hastings, Ms. Jackson Lee, Ms. Eddie Bernice Johnson of Texas, Mr. Johnson of Georgia, Ms. Kaptur, Ms. Kelly of Illinois, Mr. Kildee, Mr. Langevin, Mr. Lewis of Georgia, Mr. Ted Lieu of California, Ms. Lofgren, Mr. Lowenthal, Ms. Michelle Lujan Grisham of New Mexico, Ms. McCollum, Mr. McGovern, Mr. McNerney, Mr. Meeks, Ms. Meng, Ms. Moore, Mr. Nadler, Mr. Norcross, Ms. Norton, Mr. O'Rourke, Mr. Pascrell, Mr. Payne, Ms. Pingree, Mr. Pocan, Mr. Quigley, Mr. Richmond, Ms. Roybal-Allard, Mr. Rush, Mr. Ryan of Ohio, Ms. Sánchez, Ms. Schakowsky, Mr. David Scott of Georgia, Mr. Scott of Virginia, Mr. Serrano, Ms. Sewell of Alabama, Mr. Sires, Ms. Slaughter, Mr. Smith of Washington, Ms. Speier, Mr. Takano, Mr. Tonko, Mr. Veasey, Ms. Velázquez, Ms. Maxine Waters of California, Mrs. Watson Coleman, Mr. Yarmuth, Mr. Pallone, Mr. Evans, Ms. Jayapal, Mr. Clyburn, Mr. Espaillat, Mr. Raskin, Mr. Soto, Mr. Khanna, Ms. Barragán, Mr. Polis, Mr. Engel, Ms. Wilson of Florida, Ms. Lee, Mr. Jeffries, Mr. Thompson of Mississippi, Mrs. Lawrence, and Mr. Schiff) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo require that States receiving Byrne JAG funds to require sensitivity training for law
			 enforcement officers of that State and to incentivize States to enact laws
			 requiring the independent investigation and prosecution of the use of
			 deadly force by law enforcement officers, and for other purposes.

 1.Short titleThis Act may be cited as the Police Training and Independent Review Act of 2017. 2.Training on diversity and sensitivity for law enforcement (a)Training requirementFor each fiscal year after the expiration of the period specified in subsection (b)(1) in which a State receives funds for a program referred to in subsection (b)(2), the State shall require that all individuals enrolled in an academy of a law enforcement agency of the State and all law enforcement officers of the State fulfill a training session on sensitivity each fiscal year, including training on ethnic and racial bias, cultural diversity, and police interaction with the disabled, mentally ill, and new immigrants. In the case of individuals attending an academy, such training session shall be for 8 hours, and in the case of all other law enforcement officers, the training session shall be for 4 hours. The State shall certify to the Attorney General of the United States that such training sessions have been completed.
			(b)Compliance and ineligibility
 (1)Compliance dateEach State shall have not more than 120 days, beginning on the date of enactment of this Act, to comply with subsection (a), except that—
 (A)the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection; and
 (B)the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State.
 (2)Ineligibility for fundsFor any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 20-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.
 (c)ReallocationAmounts not allocated under a program referred to in subsection (b)(2) to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection.
			3.Independent Review of law enforcement use of deadly force
 (a)In generalIn the case of a State or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), if that State or unit of local government fails by the end of a fiscal year to enact or have in effect an independent prosecution of law enforcement law, the Attorney General shall reduce the amount that would otherwise be awarded to that State or unit of local government under such grant program in the following fiscal year by 20 percent.
 (b)ReallocationAmounts not allocated under a program referred to in subsection (a) to a State for failure to be in compliance with this section shall be reallocated under that program to States that are in compliance with this section.
 4.DefinitionsIn this Act: (1)The term deadly force means that force which a reasonable person would consider likely to cause death or serious bodily harm.
 (2)The term independent prosecution of law enforcement law means a statute requiring the appointment of an independent prosecutor to conduct any criminal investigation and prosecution in which—
 (A)one or more of the possible defendants is a law enforcement officer; (B)one or more of the alleged offenses involves the law enforcement officer’s use of deadly force in the course of carrying out that officer’s duty; and
 (C)the law enforcement officer’s use of deadly force resulted in a death or injury. (3)The term independent prosecutor means, with respect to a criminal investigation or prosecution, a prosecutor who—
 (A)does not live or work in the same county as the county in which the alleged crime was committed; and
 (B)would not be involved in the prosecution in the ordinary course of that prosecutor’s duties.


117 HR 3229 IH: Pregnancy Discrimination Amendment Act
U.S. House of Representatives
2021-05-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3229IN THE HOUSE OF REPRESENTATIVESMay 13, 2021Mr. Walberg (for himself, Mr. Smucker, and Mr. Taylor) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Civil Rights Act of 1964 to provide protections against pregnancy discrimination in the workplace, and for other purposes.1.Short titleThis Act may be cited as the Pregnancy Discrimination Amendment Act.2.Protections against pregnancy discrimination in the workplaceSection 701(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(k)) is amended in the first sentence, by striking as other persons not so affected but similar in their ability and inserting as any other applicants for employment with, or employees employed by, the same employer, in work that is performed under similar working conditions, who are not so affected but similar in their temporary ability.