116 HR 7074 IH: Promoting Equitable Transit-Oriented Development and Mobility Corridors Act
U.S. House of Representatives
2020-06-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
116th CONGRESS2d Session
H. R. 7074
IN THE HOUSE OF REPRESENTATIVES

June 1, 2020
Mr. García of Illinois (for himself, Mrs. Watson Coleman, Mr. Cohen, Ms. Pressley, Mr. Soto, Mr. Carson of Indiana, Mr. Thompson of Mississippi, and Ms. Ocasio-Cortez) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, 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 an Office of Equitable Transit-Oriented Development and Mobility to carry out an equitable transit-oriented development and mobility grant program, and for other purposes.

1.Short titleThis Act may be cited as the Promoting Equitable Transit-Oriented Development and Mobility Corridors Act. 2.Definitions (a)In generalIn this Act, the following definitions apply:
(1)Equitable transit-oriented developmentThe term equitable transit-oriented development means— (A)the creation and support of communities of opportunity, especially disadvantaged or low-income communities where residents of all incomes, ages, races, and ethnicities participate in, and benefit from, living in connected, healthy, vibrant places connected by public transportation; and
(B)including, in communities of opportunity, a mixture of housing (including a significant level of affordable housing), office, retail, and other amenities as part of a walkable neighborhood generally located within a half mile of quality public transportation. (2)eTOD and Mobility PlanThe term eTOD and Mobility Plan means a plan for equitable transit-oriented development and mobility corridors developed under section 4.
(3)Mobility corridorThe term mobility corridor means a major economic corridor that integrates safety, mobility, and access for freight, active transportation, and public transportation along the corridor while promoting quality of life, economic development, and greenhouse gas reduction, including, at a minimum— (A)at least 125 acres with centrality to employment and amenities;
(B)meets a location affordability as defined by a household spending no more than 45 percent or more of their income on housing and transportation as determined by the Location Affordability Index published by the Department of Transportation and the Department of Urban Development;  (C)mixed commercial use or community-based facility and residential use; and
(D)mobility options to reduce personal vehicle miles used or green house gas emissions. (4)Priority investment areaThe term priority investment area means an area certified as a priority investment area in an eTOD and Mobility Plan.
(5)SecretaryThe term Secretary means the Secretary of Transportation. (6)State transportation authorityThe term State transportation authority means the State agency or official responsible under the direction of the Governor of the State or a State law for preparation, maintenance, coordination, and administration of the State transportation, rail, and public transportation plan.
(b)Applicability of chapter 53 definitionsIn this Act, any term defined in chapter 53 of title 49, United States Code, has the meaning given that term in that chapter.  3.Office of Equitable Transit-Oriented Development (a)EstablishmentThe Secretary shall establish within the Department of Transportation an Office of Equitable Transit-Oriented Development and Mobility.
(b)ResponsibilitiesThe responsibilities of the Office of Equitable Transit-Oriented Development and Mobility are— (1)to establish and manage the eTOD and mobility grant program established under section 5;
(2)to certify eTOD and Mobility Plans; (3)to certify priority investment areas included in such Plans; and
(4)to coordinate Federal resources for eligible projects in certified priority investment areas. 4.State plans (a)EstablishmentTo be eligible for assistance under section 5 or any of sections 7 through 11, a State shall, in coordination with metropolitan planning organizations, transit agencies and local governments, including tribal governments, within the State, develop a plan for equitable transit-oriented development and mobility corridors that proposes priority investment areas and projects proposed to be carried out in those areas.
(b)PurposesThe purposes of the eTOD and Mobility Plan shall be the following: (1)To identify priority investment areas in the State with a need for a comprehensive investment strategy to keep and revitalize existing neighborhoods and corridors while maintaining and enhancing housing and transportation affordability and creating equal opportunity for existing residents and businesses.
(2)Support implementation of local and community transportation and land use plans consistent with sustainable State, regional, and local growth plans, policies, and strategies to achieve quality of life, economic vitality, and greenhouse gas reduction goals. (3)Encourage and create convenient, safe multi-modal access to the public transportation system, with an emphasis on non-motorized access and neighborhood walkability and mobility.
(4)To establish the period covered by the eTOD and Mobility Plan. (5)To serve as the basis for Federal and State investments within the State.
(c)Criteria for State plansThe eTOD and Mobility Plan shall contain the following: (1)Clearly integrate State and regional housing and transportation improvement plans and implement an accountability mechanism that ensures an individual’s average combined housing and transportation cost does not exceed 40 percent of total household spending for such individual.
(2)Create a shared vision and implementation plan for priority investment areas for infrastructure, climate mitigation, and development.  (3)Increase the value and effectiveness of public transportation by increasing ridership with a focus on people of color and middle to low income individuals.
(4)Promote mutually beneficial partnerships between public, private, and community-based nonprofit organizations and disadvantaged business enterprises.  (5)Make equitable transit-oriented development an integral component of, and supportive of, public transportation, land use, climate resiliency, and economic development project planning and delivery, especially in supporting the retention of existing residents in developing communities.
(6)Reduce and mitigate social and economic impacts on existing residents and businesses vulnerable to displacement caused by economic pressures in stronger markets as well as depopulations caused by disinvestment.  (7)Promote an increase in State, local, and private investment in both public transportation and mobility options, specifically through a value capture mechanism.
(8)Increase State, local, and private investment in economic development especially in disadvantaged or low-income communities and communities of color. (9)Engage a broad cross-section of the community most affected by future investments in an inclusive, effective, transparent process.
(10)Create affordable housing and commercial options as well as community facilities near public transportation with priority given to affordability, and to community-based ownership and entrepreneurship, with a focus on participation of disadvantaged business enterprises. (d)Priority investment areaEach eTOD and Mobility Plan shall propose priority investment areas that will serve as the eligible locations for projects described under subsection (d) in the State. A priority investment area shall be—
(1)within a half mile of a public transportation facility that includes a fixed-guideway public transportation station, designated high-speed rail or existing intercity rail station, or a major local transit hub connecting more than 3 local transit lines; or (2)a mobility corridor designated by a state transportation authority or metropolitan planning organization in consultation with local governments that consists of walkable rural main streets or a suburban economic center.
(e)Required finance planA strategy created under this subsection shall include an implementation plan that identifies a 5-year financing plan for proposed improvements, including any financial gap, and a timeline for adoption of the strategy by relevant local governments. (f)Public commentIn developing and reviewing an eTOD and Mobility Plan, a State shall provide adequate and reasonable notice and opportunity for comment and other input to—
(1)the public; (2)community organizations, affordable housing agencies and public transportation agencies;
(3)units of local government; and (4)other interested parties.
(g)Coordination with other State plansIn developing an eTOD and Mobility Plan, a State shall ensure that such plan is coordinated with— (1)other State, regional planning agencies, metropolitan planning organizations, and local transportation planning goals and programs;
(2)economic and community development plans; and (3)comprehensive State or regional housing plans.
(h)Intergovernmental CoordinationIn developing an eTOD and Mobility Plan, a State shall— (1)review the freight and passenger rail service activities and initiatives of regional planning agencies, regional transportation authorities, and municipalities within the State or in the region in which the State is located; and
(2)include any recommendations made by such agencies, authorities, and municipalities as considered appropriate by the State. (i)Certification of eTOD and Mobility PlansUpon submission of an eTOD and Mobility Plan to the Office of Equitable Transit-Oriented Development and Mobility, such Office shall—
(1)review the proposed priority investment areas and projects in the eTOD and Mobility Plan; (2)certify the eTOD and Mobility Plan if each priority investment area meets the requirements of this section; and
(3)for each eTOD and Mobility Plan, determine whether each proposed project included in such Plan meets the requirements of this section and certify each such project for eligibility for funding under this Act and the amendments made by this Act. (j)WaiverThe Secretary may grant certification waiver for States with equitable development policies enacted prior to the enactment of this Act that substantially meet the requirements set forth this section.
5.Equitable transit-oriented development and mobility grant and technical assistance program
(a)EstablishmentThe Secretary shall establish a competitive grant program to be administered by the Office of Equitable Transit-Oriented Development and Mobility to provide technical assistance grants for States carrying out equitable transit-oriented development and mobility projects. (b)Eligible applicantsThe Secretary shall provide grants under the program to eligible activities carried out by a State with regional planning agencies, metropolitan planning organizations, local governments, including tribal governments, and at least 1 community-based nonprofit organization.
(c)Technical assistance grants
(1)In generalA technical assistance grant provided under this section shall be used to create a strategy for a priority investment area to increase equitable economic development (including mixed income and mixed use development), including locally determined activities necessary to create the conditions that will lead to successful equitable transit-oriented development or a mobility corridor.  (2)Eligible activitiesThe following activities may be included in the strategy developed under paragraph (1):
(A)Reducing regulatory or procedural barriers to private investment in areas near transit or in areas with high walkability by revising local zoning ordinances or completing area-wide environmental review to increase the speed of development. (B)Identifying public infrastructure needs.
(C)Community engagement efforts. (d)Eligible usesA grant provided under this section may be used to—
(1)increase transit ridership from development within the planning area; (2)create an appropriate mix of uses for the station area, determined by reference to local growth and development plans;
(3)promote community stability, especially for existing residents and businesses during and after the development; (4)increase transit accessible attainable housing within the planning area;
(5)increase State, local, or private investment in public infrastructure, including public transportation; (6)coordinate with all relevant stakeholders, including real-estate, retail, housing, commercial and economic development, non-profit participants, public health, and anchor institutions; or
(7)coordinate with relevant housing, economic development, land use, and transportation plans. (e)Funding (1)Authorization of appropriationsThere is authorized to be appropriated $15,000,000 to carry out this section.
(2)Administration of grantsOf the amounts provided to a State under this section, a State may use up to 2 percent of any such amounts to provide capacity building and training for public transportation personnel, private developers, or community groups regarding planning and implementation of equitable transit-oriented development and mobility corridors. 6.Annual reportNot later than 12 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report containing—
(1)the eTOD and Mobility Plans certified under section 4(i)(2); (2)the certified priority investment areas contained in eDOT and Mobility Plans; and
(3)a report tracking the outcomes of prior certified plans. 7.Modification of rehabilitation credit (a)Reinstatement of credit for qualified rehabilitated buildings (1)In generalSubsection (a) of section 47 of the Internal Revenue Code of 1986 is amended to read as follows:

(a)Determination of credit
(1)In generalFor purposes of section 46, the rehabilitation credit for any taxable year is the sum of— (A)in the case of any qualified rehabilitated building other than a certified historic structure which is placed in service during such taxable year, 10 percent of the qualified rehabilitation expenditures with respect to such building, and
(B)in the case of any qualified rehabilitated building which is a certified historic structure which is placed in service during such taxable year or any of the 4 immediately preceding taxable years, the ratable share for such taxable year. (2)Ratable shareFor purposes of paragraph (1)(B), the ratable share for any taxable year is an amount equal to 20 percent of the qualified rehabilitation expenditures with respect to the certified historic structure, as allocated ratably to each of the 5 years to which paragraph (1)(B) applies..
(2)Conforming amendments
(A)Section 47(c) of such Code is amended— (i)in paragraph (1)—
(I)in subparagraph (A), by amending clause (iii) to read as follows:  (iii)in the case of any building other than a certified historic structure, in the rehabilitation process—
(I)50 percent or more of the existing external walls of such building are retained in place as external walls, (II)75 percent or more of the existing external walls of such building are retained in place as internal or external walls, and
(III)75 percent or more of the existing internal structural framework of such building is retained in place, and; and (II)by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and by inserting after subparagraph (A) the following new subparagraph:

(B)Building must be first placed in service before 1936In the case of a building other than a certified historic structure, a building shall not be a qualified rehabilitated building unless the building was first placed in service before 1936.; and (ii)in paragraph (2)(B), by amending clause (iv) to read as follows:

(iv)Certified historic structure, etcAny expenditure attributable to the rehabilitation of a certified historic structure or a building in a registered historic district, unless the rehabilitation is a certified rehabilitation (within the meaning of subparagraph (C)). The preceding sentence shall not apply to a building in a registered historic district if— (I)such building was not a certified historic structure,
(II)the Secretary of the Interior certified to the Secretary that such building is not of historic significance to the district, and (III)if the certification referred to in subclause (II) occurs after the beginning of the rehabilitation of such building, the taxpayer certifies to the Secretary that, at the beginning of such rehabilitation, he in good faith was not aware of the requirements of subclause (II)..
(B)Paragraph (4) of section 145(d) of such Code is amended— (i)by striking of section 47(c)(1)(B) each place it appears and inserting of section 47(c)(1)(C); and
(ii)by striking section 47(c)(1)(B)(i) and inserting section 47(c)(1)(C)(i). (b)Increase in credit rate for qualified rehabilitated buildings other than certified historic structuresSection 47(a)(1) of such Code, as amended by subsection (a), is amended by striking 10 percent and inserting 15 percent.
(c)Modification of date before which buildings other than certified historic structures must be placed in serviceSection 47(c)(1)(B) of such Code, as amended by subsection (a), is amended by striking 1936 and inserting the calendar year which is 50 years prior to the calendar year in which the building is placed in service (within the meaning of subsection (b)(1)). (d)Requirement that buildings other certified historic structures must be close to public transportation centers or mobility corridorsSection 47(c)(1) of such Code, as amended by subsection (a), is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph:

(C)Building must be close to public transportation center
(i)In generalIn the case of a building other than a certified historic structure, a building shall not be a qualified rehabilitated building unless the building is in a priority investment area of an eTOD and Mobility Plan, as such terms are defined in section 2 of the Promoting Equitable Transit-Oriented Development and Mobility Corridors Act, or not further than one-half mile from at least one of the following: (I)A location which provides passenger boarding on a fixed guideway (as defined in section 5302(7) of title 49, United States Code), commuter rail passenger transportation (as defined in section 24102(3) of title 49, United States Code), or intercity rail passenger transportation (as defined in section 24102(4) of title 49, United States Code).
(II)A planned site for a location described in subclause (I) if the Secretary of Transportation has issued a full funding grant agreement with respect to such location under section 5309(k)(2) of title 49, United States Code. (ii)Identification of qualified areasThe Secretary, in consultation with the Secretary of Transportation, shall identify areas which are described in clause (i)..
(e)Elimination of certain lodging restrictions on buildings other than certified historic structuresSection 50(b)(2)(C) of such Code is amended by striking certified historic structure and inserting qualified rehabilitated building. (f)Requirement that buildings that are not certified historic structures and not in a registered historic district receive certification of statusSection 47(c)(1) of such Code, as amended by subsections (a) and (d), is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following new subparagraph:

(D)Buildings that are not certified historic structures and not in registered historic district must receive certification of status
(i)In generalIn the case of a building which is neither a certified historic structure nor located in a registered historic district, such building shall not be a qualified rehabilitated building unless the Secretary of the Interior certifies to the Secretary that such building is— (I)not a certified historic structure, and
(II)not in a registered historic district. (ii)Determinations by National Park ServiceTo the maximum extent practicable, the Secretary of the Interior shall make certifications under clause (i) within 30 days of the receipt of an application for such certification..
(g)Credit for certain related expenditures
(1)Credit for certain expenditures for public infrastructureSection 47(c)(2) of such Code is amended by adding at the end the following new subparagraph:  (E)Treatment of certain expenditures for public infrastructure (i)In generalIn the case of any qualified rehabilitated building, expenditures for qualified public infrastructure (or improvements thereto) shall be treated for purposes of this section as qualified rehabilitation expenditures with respect to such building if providing such qualified public infrastructure is related to such building and is required by any State or local government.
(ii)LimitationThe amount treated as qualified rehabilitation expenditures with respect to any building under clause (i) shall not exceed 25 percent of the qualified rehabilitation expenditures with respect to such building (determined after the application of clause (i) and subparagraph (F)). (iii)Bonus credit amountIn the case of any amount treated as qualified rehabilitation expenditures under clause (i), subsection (a)(1) shall be applied by substituting 25 percent for 15 percent.
(iv)Qualified public infrastructureFor purposes of this subparagraph, the term qualified public infrastructure means water and sewer lines, electrical lines and equipment, telecommunications lines and equipment, and road and sidewalks, which are located in the public right of way and are not owned by the taxpayer. . (2)Credit for expansion and adjacent buildings with respect to qualified rehabilitated buildings other than certified historic structuresSection 47(c)(2) of such Code, as amended by paragraph (1), is amended by adding at the end the following new subparagraph:

(F)Treatment of building expansions and certain adjacent buildings with respect to qualified rehabilitated buildings other than certified historic structures
(i)In generalIn the case any qualified rehabilitated building other than a certified historic structure— (I)clause (iii) of subparagraph (B) shall not apply, and
(II)amounts described in subparagraph (A)(i) which are in connection with the rehabilitation or construction of a qualified adjacent building shall be treated as qualified rehabilitation expenditures with respect to such qualified rehabilitated building. (ii)LimitationThe amount treated as qualified rehabilitation expenditures with respect to any qualified rehabilitated building under clause (i) shall not exceed 100 percent of the qualified rehabilitation expenditures with respect to such building (determined without regard to clause (i) and subparagraph (E)).
(iii)Qualified adjacent buildingFor purposes of this subparagraph, the term qualified adjacent building means, with respect to any qualified rehabilitated building, any building if such building and such qualified rehabilitated building are both on the same block.. (3)Related expenditures disregarded in determining if rehabilitation is substantialSection 47(c)(1)(E), as redesignated by subsections (a), (d), and (f), is amended by adding at the end the following new clause:

(iv)Certain expenditures disregardedAmounts which are otherwise treated as qualified rehabilitation expenditures by reason of subparagraph (E) or (F) of paragraph (2) shall not be treated as qualified rehabilitation expenditures for purposes of this subparagraph.. (h)Bonus credit for rent-Restricted housing unitsSection 47 of such Code is amended by adding at the end the following new subsection:

(e)Bonus credit for rent-Restricted housing units
(1)In generalSubsection (a)(1) shall be applied by substituting 25 percent for 15 percent with respect to so much of the qualified rehabilitation expenditures (determined without regard to subsection (c)(2)(E)) with respect to any qualified rehabilitated building as are properly allocable to residential units which are— (A)rent-restricted (within the meaning of section 42(g)(2)), and
(B)occupied by individuals whose income is 100 percent or less of area median gross income (within the meaning of section 42(g)(1)). (2)Failure to maintain rent-restriction subject to recaptureIn the case of any failure to maintain any residential unit taken into account under paragraph (1) as a residential unit described in such paragraph during the recapture period, section 50(a) shall apply as though the qualified rehabilitated building ceased to be investment credit property except that the recapture period and recapture percentage shall be determined under paragraph (3) and in determining the increase in tax under such section in lieu of reducing the credit determined under this section to zero such credit shall be determined without regard to paragraph (1). The application of section 50(a) with respect to a building as described in this paragraph shall not prevent the reapplication of such section to such building if such building is disposed of or otherwise ceases to be investment credit property and the tax imposed under such section by reason of such reapplication shall be reduced by the tax previously imposed as described in this paragraph.
(3)Recapture period; recapture percentageFor purposes of this subsection— (A)Recapture periodThe term recapture period means the 10-year period beginning on the date the building is placed in service.
(B)Recapture percentageThe term recapture percentage means— (i)in the case of a failure described in paragraph (2) that occurs during the first year of the recapture period, 100 percent, and
(ii)in the case of such a failure which occurs during any subsequent year of the recapture period, the percentage which is 10 percentage points less than the percentage which applied for the previous year (as determined under this subparagraph).. (i)Public reportingSection 47 of such Code, as amended by subsection (h), is amended by adding at the end the following new subsection:

(f)Public reporting with respect to qualified rehabilitated buildings other than certified historic structures
(1)In generalNo credit shall be allowed under this section with respect to any qualified rehabilitated building other than a certified historic structure unless the taxpayer submits to the Secretary a report (at such time and in such manner as the Secretary may provide) which includes the information described in paragraph (2). (2)InformationThe report described in paragraph (1) shall include the following:
(A)The name of the building and, if applicable, the name of the project of which such building is a part. (B)Each of the following with respect to the location of the building: city, State, zip code, 2010 census tract (and whether such tract is metropolitan statistical area).
(C)The total cost of the building and, if applicable, the total cost of the project of which such building is a part. (D)The total amount of credit allowed under this section with respect to such building and, if applicable, with respect to the project of which such building is a part.
(E)The year the building is placed in service. (F)The number of housing units in the building and number of such housing units which are rent-restricted (within the meaning of section 42(g)(2)).
(G)The primary purpose of the building. (3)Reports made publicly availableThe Secretary shall ensure that reports made under paragraph (1) are made available to the public..
(j)Effective dateThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 8.Credit facility to support equitable transit-oriented development and mobility (a)DefinitionsIn this section:
(1)Eligible applicantThe term eligible applicant means— (A)a State;
(B)a unit of local government; (C)a corporation, partnership, or joint venture;
(D)a regional planning agency; (E)a tribal government; or
(F)a transit agency. (2)Eligible borrowerThe term eligible borrower means—
(A)a governmental entity, authority, agency, or instrumentality; (B)a corporation, partnership, joint venture, or trust on behalf of which an eligible applicant has submitted an application under subsection (c); or
(C)any other legal entity undertaking an eligible project on behalf of which an eligible applicant has submitted an application under subsection (c). (3)Eligible projectThe term eligible project means an eligible equitable transit-oriented development or mobility project, including—
(A)property enhancement, including conducting environmental remediation, park development, and open space acquisition; (B)improvement of mobility and parking, including rehabilitating, or providing for additional, streets, transit stations, structured parking, walkways, and bikeways;
(C)utility development, including rehabilitating existing, or providing for new drinking water, wastewater, electric, and gas utilities; (D)economic development, including commercial and residential development, located in a priority investment area; or
(E)commercial and residential projects that includes— (i)a project for residential or mixed-use development in which—
(I)not less than 30 percent of the residential units in the project are, or in the case of new construction, are designated to be, rent-restricted; and (II)the average of the designated income limitations under clause (ii) of all rent-restricted units does not exceed 80 percent of the median gross income in the area; and
(ii)a project for mixed-use development for— (I)affordable commercial space dedicated to local businesses owned by women or people of color;
(II)local businesses primarily owned by individuals who are members of historically underserved populations; and (III)non-profit organizations which serve historically underserved communities, including communities of color.
(4)Essential community facilityThe term essential community facility means a facility that provides an essential service to the local community for the beneficial and orderly development of the community, including— (A)a facility that provides health services; and
(B)a facility that provides community, social, or cultural services. (b)EstablishmentThe Secretary may make or guarantee loans under this section to eligible borrowers for eligible projects.
(c)ApplicationAn eligible applicant may submit to the Secretary an application for a loan or loan guarantee under this section— (1)to fund an eligible project carried out by the eligible applicant; or
(2)on behalf of an eligible borrower, to fund an eligible project carried out by the eligible borrower. (d)Minimum project costsAn eligible project shall have project costs that are reasonably anticipated to equal or exceed $2,500,000.
(e)Maximum amount of loanFederal assistance provided for a project under this section may not exceed 75 percent of total project costs. The Secretary may increase the maximum amount of a secured loan from the amount described in the preceding sentence if the secured loan is for an eligible project for residential or mixed-use development for which— (1)not more than 30 percent of the total square footage is used for commercial development; or
(2)
(A)not more than 50 percent of the total square footage is used for commercial development; and (B)not less than 50 percent of the square footage described in subparagraph (A) is reserved for essential community facilities.
(f)Eligible sources of repaymentA loan made or guaranteed under this section shall be repayable, in whole or in part, from dedicated revenue sources, which may include— (1)user fees;
(2)property tax revenues; (3)sales tax revenues; or
(4)other revenue sources dedicated to the project by property owners and businesses. (g)Interest rateThe Secretary shall establish an interest rate for loans made or guaranteed under this section with reference to a benchmark interest rate yield on marketable Treasury securities with a maturity that is similar to the loans made or guaranteed under this section.
(h)Maximum maturityThe maturity of a loan made or guaranteed under this section may not exceed the lesser of— (1)35 years; or
(2)90 percent of the useful life of the project to be financed by the loan or loan guarantee, as determined by the Secretary. (i)Maximum loan guarantee rate (1)In generalThe guarantee rate on a loan guaranteed under this section may not exceed 75 percent of the amount of the loan.
(2)Lower guarantee rate for low-risk borrowersThe Secretary shall establish a guarantee rate for loans to eligible borrowers that the Secretary determines pose a lower risk of default that is lower than the guarantee rate for loans to other eligible borrowers. (j)FeesThe Secretary shall establish fees for loans made or guaranteed under this section in amounts up to, but not exceeding, the costs to the Federal Government of making or guaranteeing a loan under this section.
(k)NonsubordinationA loan made or guaranteed under this section for a project may not be subordinated to the claims of any holder of an obligation relating to the project in the event of bankruptcy, insolvency, or liquidation. (l)Commencement of repaymentThe scheduled repayment of principal or interest on a loan made or guaranteed under this section for a project shall commence not later than 5 years after the date of substantial completion of the project.
(m)Repayment deferral for loans
(1)In general
(A)Loan made by SecretaryIf, at any time after the date of substantial completion of a project under the program, the Secretary determines that dedicated revenue sources of an eligible borrower are insufficient to make the scheduled loan repayments of principal and interest on a loan made or guaranteed under this section, the Secretary may, subject to criteria established by the Secretary, allow the eligible borrower to defer payments and add unpaid principal and interest to the outstanding balance of the loan. (B)Loan guaranteed by SecretaryIf, at any time after the date of substantial completion of a project, the Secretary determines that dedicated revenue sources of an eligible borrower are insufficient to make the scheduled loan repayments of principal and interest on a loan guaranteed by the Secretary under this section, the Secretary may, subject to criteria established by the Secretary—
(i)add unpaid principal and interest to the outstanding balance of the loan; and (ii)modify the terms of the loan guarantee to reflect a modification made under clause (i).
(2)Treatment of deferred paymentsAny payment deferred under this section shall— (A)continue to accrue interest until fully repaid; and
(B)be scheduled to be amortized over the remaining term of the loan. (n)ConsultationIn carrying out this section, the Secretary shall consult with the Secretary of Housing and Urban Development, as appropriate.
(o)RequirementOf the funds made available to carry out this section for each fiscal year, not less than 5 percent shall be used for eligible projects in rural and disadvantage communities. (p)Authorization of appropriationsThere are authorized to be appropriated for the cost of loans and loan guarantees under this section—
(1)$300,000,000 for each of fiscal years 2021 and 2022; and (2)$500,000,000 for each of fiscal years 2023 and 2024.
9.Amendments to TIFIA and RRIF
(a)Determination of eligibility and project selectionSection 602(a)(5)(B)(ii) of title 23, United States Code, is amended by inserting or section 5302(3)(G) after 601(a)(12)(E). (b)Secured loansSection 603(b)(2) of title 23, United States Code, is amended—
(1)in subparagraph (A) by striking subparagraph (A) and inserting subparagraphs (A) and (B); and  (2)by adding at the end the following:

(C) eTOD and mobility projects
(i)In generalNotwithstanding subparagraph (A), in the case of a project described in clause (ii), the maximum amount of a secured loan under this section shall be 49 percent of the reasonably anticipated eligible project costs. (ii)Project descriptionFor purposes of clause (i), a project eligible for the loan described in clause (i) shall be a project certified under section 4(i)(3) of the Promoting Equitable Transit-Oriented Development and Mobility Corridors Act..
(c)CreditworthinessSection 602(a)(2) of title 23, United States Code, is amended by adding at the end the following:  (C)Additional creditworthiness factorsNotwithstanding subparagraph (A), an applicant may demonstrate creditworthiness under this paragraph by providing—
(i)collateral; (ii)the applicant’s audited financial data, including balance sheet, income statement, and cash flow statements; or
(iii)cash flow projections from a project.. (d)Direct loans and loan guaranteesSection 502(b) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(b)) is amended—
(1)in paragraph (1)(E)— (A)in clause (ii) by striking the semicolon and inserting ; and;
(B)in clause (iii) by striking ; and and inserting a period; and (C)by striking clause (iv); and
(2)by striking paragraph (3). (e)Conditions of assistanceSection 502(h)(4) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(h)(4)) is amended by inserting , except that a Federal match shall not be required for any project certified under section 4(i)(3) of the Promoting Equitable Transit-Oriented Development and Mobility Corridors Act or for a project that has dedicated revenues for affordable housing or public transportation.
10.Local infrastructure bank programSection 610 of title 23, United States Code, is amended— (1)in subsection (a)—
(A)by inserting or regional infrastructure bank after State infrastructure bank each place that it appears; and (B)by adding at the end the following:

(13)Local infrastructure bankThe term local infrastructure bank means an infrastructure bank of a city, town, borough, county, parish, district, or other public body created by, or pursuant to, State or Federal law.;  (2)in subsection (b) by inserting or local infrastructure banks after State infrastructure banks;
(3)in subsection (d) by inserting or local infrastructure bank after State infrastructure bank each place that it appears; and (4)in subsection (e) by inserting or local infrastructure bank after State infrastructure bank each place that it appears.
11.Fixed guideway capital investment grantsSection 5309(a)(5) of title 49, United States Code, is amended— (1)in subparagraph (A) by striking ; or and inserting a semicolon;
(2)in subparagraph (B) by striking the period and inserting ; or; and (3)by adding at the end the following:

(C)a new affordable housing trust fund to promote affordable housing. . 12.Definitions (a)Capital projectSection 5302(3)(G)(iii) of title 49, United States Code, is amended by inserting or affordable housing after public transportation.
(b)Affordable housingSection 5302 of title 49, United States Code, is amended by adding at the end the following:  (25)Affordable housingThe term affordable housing means—
(A)housing for which the household spends less than 30 percent of income on housing costs; or (B)housing for which the household spends 45 percent or more of the income of the household on housing and transportation combined as determined by the Location Affordability Index published by the Department of Transportation and the Department of Housing and Urban Development..


		III
		110th CONGRESS
		1st Session
		S. CON. RES. 59
		IN THE SENATE OF THE UNITED STATES

			December 18, 2007
			Mr. Akaka submitted the
			 following concurrent resolution; which was referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		CONCURRENT RESOLUTION
		Expressing the sense of the Congress that joint custody
		  laws for fit parents should be passed by each State, so that more children are
		  raised with the benefits of having a father and a mother in their
		  lives.

		Whereas, in approximately 84 percent of the cases where a
			 parent is absent, that parent is the father;
		Whereas, if current trends continue, half of all children
			 born today will live apart from one of their parents, usually their father, at
			 some point before they turn 18 years old;
		Whereas when families (whether intact or with a parent
			 absent) are living in poverty, a significant factor is often the father’s lack
			 of job skills;
		Whereas committed and responsible fathering during infancy
			 and early childhood contributes to the development of emotional security,
			 curiosity, and math and verbal skills;
		Whereas an estimated 19,400,000 children (27 percent) live
			 apart from their biological fathers;
		Whereas 40 percent of the children under age 18 not living
			 with their biological fathers had not seen their fathers even once in the past
			 12 months, according to national survey data;
		Whereas single parents are to be commended for the
			 tremendous job that they do with their children;
		Whereas the United States needs to encourage responsible
			 parenting by both fathers and mothers, whenever possible;
		Whereas the United States needs to encourage both parents,
			 as well as extended families, to be actively involved in children’s
			 lives;
		Whereas a way to encourage active involvement is to
			 encourage joint custody and shared parenting;
		Whereas the American Bar Association found in 1997 that 19
			 States plus the District of Columbia had some form of presumption for joint
			 custody, either legal, physical, or both, and by 2006, 13 additional States had
			 added some form of presumption, bringing the current total to 32 States plus
			 the District of Columbia;
		Whereas data from the Census Bureau shows a correlation
			 between joint custody and shared parenting and a higher rate of payment of
			 child support;
		Whereas social science literature shows that a higher
			 proportion of children from intact families with 2 parents in the home are well
			 adjusted, and research also shows that for children of divorced, separated, and
			 never married parents, joint custody is strongly associated with positive
			 outcomes for children on important measures of adjustment and well being;
			 and
		Whereas research by the Department of Health and Human
			 Services shows that the States with the highest amount of joint custody
			 subsequently had the lowest divorce rate: Now, therefore, be it

		That it is the sense of the Congress that
			 joint custody laws for fit parents should be passed by each State, so that more
			 children are raised with the benefits of having a father and a mother in their
			 lives.


109 HR 3296 IH: Prekindergarten-Oriented Professional Support Act of 2005
U.S. House of Representatives
2005-07-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 3296
IN THE HOUSE OF REPRESENTATIVES

July 14, 2005
Mr. Ford introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To authorize the Secretary of Education to make grants to States and local educational agencies for hiring and training prekindergarten teachers.

1.Short titleThis Act may be cited as the Prekindergarten-Oriented Professional Support Act of 2005.
2.Grants for hiring and training eligible prekindergarten teachers
(a)GrantsThe Secretary of Education, in consultation with the Secretary of Health and Human Services, may make grants to States and local educational agencies to pay all or a portion of the salaries, benefits, and training costs of new eligible prekindergarten teachers for the purposes of—
(1)increasing the number of such teachers; and
(2)expanding children’s access to free or affordable, high-quality, early education.
(b)Use of fundsThe Secretary shall require each applicant for a grant under this section to agree to use the grant to pay all or a portion of the salaries, benefits, and training costs of new eligible prekindergarten teachers to serve at eligible prekindergarten providers described in subsection (c).
(c)Eligible prekindergarten providersAn eligible prekindergarten provider described in this paragraph is a State, local, or private non-profit or for-profit prekindergarten provider that—
(1)is a high-quality, prekindergarten provider meeting the standards issued by the Secretary under subsection (d);
(2)is serving a significant percentage of low-income children; and
(3)if the provider is a private, tuition-based provider, agrees to adjust tuition standards or take other appropriate measures to ensure that not less than 50 percent of the children to be served through the provider by new eligible prekindergarten teachers under this section will be low-income children.
(d)Standards for high-quality, prekindergarten providers
(1)StandardsNot later than 180 days after the date of the enactment of this Act, the Secretary shall issue standards to determine whether a prekindergarten provider is a high-quality, prekindergarten provider.
(2)CriteriaIn issuing standards under this subsection, the Secretary shall take into consideration the following criteria:
(A)Administration.
(B)Support services.
(C)Health, safety, and nutrition.
(D)Parental involvement.
(E)Teacher training.
(F)Teacher-to-student ratio.
(G)Curriculum, including pre-literacy, pre-numeracy, emotion regulation, and behavioral skills training.
(3)Relation to standards under Head Start ActAny standards issued by the Secretary under this subsection shall be consistent with or in addition to any standards applicable to prekindergarten providers under the Head Start Act (42 U.S.C. 9831 et seq.).
(e)Additional requirementsThe Secretary shall require each applicant for a grant under this section to comply with the following:
(1)Lead agencyThe chief executive officer of the State or local educational agency applying for the grant must designate an agency (which may be an appropriate collaborative agency) or establish a joint interagency office to serve as the lead agency for administering the grant.
(2)CoordinationThe applicant must have a mechanism in place to coordinate the applicant’s activities under the grant with other programs in order to ensure the effective and efficient use of all available resources to meet early childhood and family needs.
(3)Matching funds
(A)In generalWith respect to the costs of the program to be carried out through a grant under this section, a condition for the receipt of the grant is that the applicant agree to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs.
(B)Determination of amount contributedNon-Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.
(C)WaiverThe Secretary may waive the requirements of this paragraph in whole or in part with respect to any grantee for any fiscal year if the Secretary determines that such a waiver would be equitable due to lack of available financial resources.
(4)Supplement, not supplantFunds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds expended to support early childhood programs.
(f)Application
(1)In generalTo seek a grant under this section, a State or local educational agency shall submit an application to the Secretary at such time, in such form and manner, and containing such information as the Secretary may reasonably require.
(2)ContentsAt a minimum, an application under this subsection shall include a description of—
(A)the applicant’s need for expanded access to high-quality, early childhood education; and
(B)the applicant’s ability to use resources efficiently and effectively to address such need.
(g)PriorityIn making grants under this section, the Secretary shall give priority to States and local educational agencies that demonstrate the greatest need for increased access to high-quality, early childhood education.
(h)Monitoring; reportsThe Secretary shall—
(1)require each recipient of a grant under this section to monitor and report to the Secretary on the progress achieved through the grant; and
(2)submit an annual report to the Congress on the progress of grantees under this section.
3.Grants for increasing retention of prekindergarten teachers
(a)GrantsThe Secretary of Education, in consultation with the Secretary of Health and Human Services, may make grants to States and local educational agencies to increase retention of prekindergarten teachers by establishing a career ladder described in subsection (b) for such teachers.
(b)Career ladderA career ladder described in this subsection—
(1)shall provide incentives for prekindergarten teachers to obtain additional training and education, such as by obtaining certification, an associate’s degree, a bachelor’s degree, or other recognition of higher education; and
(2)shall not undermine the valuable contributions of prekindergarten teachers lacking formal education, but having a wealth of early childhood experience.
4.DefinitionsIn this Act:
(1)The term eligible prekindergarten teacher means an individual who has, or is currently enrolled in classes to obtain, a Bachelor of Arts degree in early childhood development.
(2)The terms local educational agency and State have the meanings given to those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3)The term low-income child means a child from a family with an income below 200 percent of the poverty line.
(4)The term poverty line means the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act) applicable to a family of the size involved.
(5)The term prekindergarten means a program serving children 3, 4, and 5 years of age that requires teachers to equip such children with the pre-literacy, pre-numeracy emotion regulation, and behavioral skills required for school success.
(6)The term Secretary means the Secretary of Education.
5.Authorization of appropriationsTo carry out this Act, there is authorized to be appropriated $50,000,000 for each of fiscal years 2006 through 2010.


110 HR 3265 IH: Harry S Truman Birthplace Study

U.S. House of Representatives
2007-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3265
		IN THE HOUSE OF REPRESENTATIVES

			July 31, 2007
			Mr. Skelton
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To authorize the Secretary of the Interior to conduct a
		  special resource study of the Harry S Truman Birthplace State Historic Site, in
		  Lamar, Missouri, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Harry S Truman Birthplace Study
			 Act.
		2.Special resource
			 study
			(a)StudyThe
			 Secretary of the Interior shall conduct a special resource study of the Harry S
			 Truman Birthplace State Historic Site in Lamar, Missouri.
			(b)ContentsIn
			 conducting the study under subsection (a), the Secretary shall—
				(1)evaluate the
			 national significance of the site and surrounding area;
				(2)determine the
			 suitability and feasibility of adding the birthplace site as part of the Harry
			 S Truman National Historic Site or of designating the site as a separate unit
			 of the National Park System;
				(3)consider other
			 alternatives for preservation, protection, and interpretation of the site by
			 Federal, State, or local governmental entities, or private and nonprofit
			 organizations;
				(4)consult with
			 interested Federal, State, or local governmental entities, private and
			 nonprofit organizations or any other interested individuals; and
				(5)identify cost
			 estimates for any Federal acquisition, development, interpretation, operation,
			 and maintenance associated with the alternatives.
				(c)Applicable
			 lawThe study required under subsection (a) shall be conducted in
			 accordance with section 8 of Public Law 91–383 (16 U.S.C. 1a–5).
			(d)ReportNot
			 later than 3 years after the date on which funds are first made available for
			 the study under subsection (a), the Secretary of the Interior shall submit to
			 the Committee on Natural Resources of the House of Representatives and the
			 Committee on Energy and Natural Resources of the Senate a report containing the
			 results of the study and any conclusions and recommendations of the
			 Secretary.


116 SRES 683 IS: Designating the first week of August 2020 as “World Breastfeeding Week”, and designating August 2020 as “National Breastfeeding Month”.
U.S. Senate
2020-08-13
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.

III116th CONGRESS2d SessionS. RES. 683IN THE SENATE OF THE UNITED STATESAugust 13, 2020Mr. Van Hollen (for himself, Mr. Merkley, Mr. Cardin, Ms. Cantwell, Mr. Wyden, Mr. Booker, and Mr. Markey)) submitted the following resolution; which was referred to the Committee on the JudiciaryRESOLUTIONDesignating the first week of August 2020 as World Breastfeeding Week, and designating August 2020 as National Breastfeeding Month.Whereas all major medical authorities recommend exclusive breastfeeding for about the first 6 months of life and continued breastfeeding for not less than the first year of life;Whereas the World Alliance for Breastfeeding Action has designated the first week of August as World Breastfeeding Week, and the United States Breastfeeding Committee has designated August as National Breastfeeding Month;Whereas National Breastfeeding Month focuses on how data and measurements can be used to build and reinforce the connections between breastfeeding and a broad spectrum of other health topics and initiatives;Whereas World Breastfeeding Week and National Breastfeeding Month provide important opportunities to address barriers to breastfeeding faced by families across the United States and around the world;Whereas breastfeeding is a proven primary prevention strategy that builds a foundation for life-long health and wellness;Whereas the evidence of the value of breastfeeding to the health of women and children is scientific, solid, and continually reaffirmed by new research;Whereas the Centers for Disease Control and Prevention publishes an annual Breastfeeding Report Card, which has found that, while the proportion of infants who were ever breastfed in the United States is increasing, the United States continues to miss targets for exclusive breastfeeding for the first 6 months of life;Whereas there are substantial racial and ethnic disparities in access to breastfeeding support, resulting in reduced breastfeeding rates and an associated increase in risk for a variety of negative health outcomes;Whereas, as of the date of introduction of this resolution, the National Immunization Survey reports that 86.6 percent of White infants have ever been breastfed, while—(1)74 percent of Black infants have ever been breastfed; and(2)79.5 percent of American Indian and Alaska Native infants have ever been breastfed;Whereas the Healthy People initiative of the Department of Health and Human Services has consistently identified breastfeeding as a national health priority;Whereas the majority of new parents want to breastfeed but face significant barriers in community, health care, and employment settings;Whereas, while some parents may choose not to breastfeed or are unable to breastfeed, all parents can benefit from access to education on infant nutrition and wellness;Whereas protecting and supporting breastfeeding for parents who are able to breastfeed is essential to ensuring critical food security and immunologic protection for the youngest residents of the United States; andWhereas the consistent and well-documented health, economic, and environmental benefits of breastfeeding show that breastfeeding is an investment that will continue to produce measurable dividends many times over across the United States and for families, employers, and government entities: Now, therefore, be itThat the Senate—(1)designates the first week of August 2020 as World Breastfeeding Week;(2)designates August 2020 as National Breastfeeding Month;(3)supports the goals of World Breastfeeding Week and National Breastfeeding Month; and(4)supports policies and funding to ensure that all parents who choose to breastfeed can access a full range of appropriate support from child care and health care institutions, health care insurers, employers, researchers, and government entities.


116 HR 8987 IH: Enhancing the Security of the U.S. Pharmaceutical Supply Chain Act of 2020
U.S. House of Representatives
2020-12-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8987IN THE HOUSE OF REPRESENTATIVESDecember 16, 2020Mr. Joyce of Pennsylvania introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Public Health Service Act to incentivize the manufacture of certain medicines in the United States and to enhance the security of the United States pharmaceutical supply chain, and for other purposes.1.Short titleThis Act may be cited as the Enhancing the Security of the U.S. Pharmaceutical Supply Chain Act of 2020.2.Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title.Sec. 2. Table of contents.Sec. 3. Identification, development, and procurement of priority medicines.Sec. 4. Priority medicine production credit.Sec. 5. Improving regulatory efficiencies for transfer of drugs.3.Identification, development, and procurement of priority medicines(a)Priority medicinesTitle XXVIII of the Public Health Service Act (42 U.S.C. 300hh et seq.) is amended by adding at the end the following:2804.Identification of priority medicines(a)Priority medicinesThe Secretary shall designate as a priority medicine each covered product that—(1)(A)is necessary for use in a public health emergency declared under section 319; or(B)is at high risk of becoming in short supply; and(2)has a vulnerable global supply chain.(b)Global supply chain vulnerabilityIn determining whether a covered product has a vulnerable global supply chain under subsection (a)(2), the Secretary shall consider—(1)the findings of the National Academies of Sciences, Engineering, and Medicine in the report published pursuant to section 4111 of the CARES Act (Public Law 116–136);(2)the number of manufacturers of each covered product;(3)the manufacturing locations, and amount produced, of each covered product;(4)the history of the importation of each priority medicine; and(5)the probability of the imposition of duties on the importation of each covered product.(c)ConsultationIn carrying out subsection (a), the Secretary shall consult with the Public Health Emergency Medical Countermeasures Enterprise established under section 2811–1.(d)Publication of listThe Secretary shall—(1)not later than 180 days after the date of enactment of this section, publish a preliminary list of priority medicines;(2)provide an opportunity for public comment on such preliminary list;(3)not later than 1 year after such date of enactment, publish a final list of priority medicines; and(4)on an annual basis, review and, as appropriate, update such list.(e)DefinitionsIn this section:(1)Active pharmaceutical ingredientThe term active pharmaceutical ingredient—(A)means any component that is intended to furnish pharmacological activity or other direct effect in the diagnosis, cure, mitigation, treatment, or prevention of a disease, or to affect the structure or any function of the body of a human or animal; and(B)does not include—(i)intermediates used in the synthesis of a drug product; or(ii)components that may undergo chemical change in the manufacture of a drug product and be present in a drug product in a modified form that is intended to furnish such activity or effect.(2)Covered productThe term covered product means a drug (including a biological product) or an active pharmaceutical ingredient.(3)Priority medicineThe term priority medicine means a priority medicine for which a designation is in effect under subsection (a)..(b)National Strategic Health StrategySection 2802(b) of the Public Health Service Act (42 U.S.C. 300hh–1(b)) is amended by adding at the end the following:(11)Priority medicinesSupporting the identification, production, and procurement of priority medicines designated under section 2804..(c)Public Health Emergency Medical Countermeasures Enterprise recommendationsSection 2811–1(c)(1) of the Public Health Service Act (42 U.S.C. 300hh–10a(c)) is amended by adding at the end the following: (E)Provide recommendations to the Secretary with respect to the priority medicines designated under section 2804..(d)Strategic plan for countermeasure research, development, and procurementSection 319L(b) of the Public Health Service Act (42 U.S.C. 247d–7e(b)) is amended—(1)in paragraph (2)—(A)in subparagraph (B), by striking and at the end;(B)in subparagraph (C), by striking the period at the end and inserting ; and; and(C)by adding at the end the following:(D)the development and procurement of priority medicines designated under section 2804.; and(2)by adding at the end the following:(3)Priority medicinesWith respect to the development and procurement of priority medicines, the Secretary shall promote a diverse and sustainable supply chain, including through grants and purchases..(e)Critical drug considerationSection 3101 of the CARES Act (Public Law 116–136) is amended—(1)by redesignating subsection (d) as subsection (e); and(2)after executing the redesignation in paragraph (1), by inserting after subsection (c) the following:(d)ConsiderationWith respect to any analysis of a critical drug under subsection (b)(1), the Secretary shall consider the vulnerability of such drug with respect to the global supply chain, including an analysis of—(1)the number of manufacturers of such drug;(2)the manufacturing locations, and amounts produced, of such drug;(3)the history of the importation of such drug; and(4)the probability of the imposition of duties on the importation of such drug..4.Priority medicine production credit(a)In generalSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U.Priority medicine production credit(a)General RuleFor purposes of section 38, the priority medicine production credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified priority medicine expenses for the taxable year.(b)Qualified priority medicine expenses(1)Qualified priority medicine expensesThe term qualified priority medicine expenses means direct and indirect costs paid or incurred by the taxpayer during the taxable year for the production of priority medicines.(2)Priority medicinesFor purposes of this section, a priority medicine is a medicine that was included, within the 5 calendar years immediately preceding the taxable year, on the list developed and published by the Secretary of Health and Human Services pursuant to section 2804(d) of the Public Health Service Act.(3)Coordination with section 263A(A)Coordination with section 263AIn applying section 263A, indirect costs shall be allocated between the production of priority medicines and the production of other medicines based on the ratio in which the number of doses of the priority medicines produced in the taxable year bears to the total number of doses of all medicines produced by the taxpayer in that taxable year to which the expense is attributable.(B)Regulations and guidanceThe Secretary shall by regulation or other guidance prescribe rules for the proper allocation of indirect costs described in subparagraph (A)..(b)Credit allowed as business creditSection 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus, and adding at the end the following new paragraph:(34)the priority medicine production credit determined under section 45U..(c)Conforming amendments(1)Coordination with section 59(A)Section 59A(b)(1)(B)(ii) is amended—(i)in subclause (I), by striking plus, at the end;(ii)in subclause (II), by striking the period at the end, and inserting , plus; and(iii)by adding at the end the following:(III)the credit allowed under section 38 for the taxable year which is properly allocable to the priority medicine production credit determined under section 45U..(B)Section 59A(b)(2)(B) is amended to read as follows:(B)by reducing (but not below zero) the regular tax liability (as defined in section 26(b)) for purposes of subparagraph (B) thereof by the excess (if any) of the aggregate amount of the credits allowed under this chapter against such regular tax liability over the credit allowed under section 38 for the taxable year which is properly allocable to the priority medicine production credit determined under section 45U, rather than the excess described in such paragraph..(2)Coordination with research creditSection 41(c)(4)(A) is amended by striking 14 and inserting 20.(d)Clerical amendmentThe table of sections for subpart D of part IV of subchapter A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45T the following new item: Sec. 45U. Priority medicine production credit.(e)Effective dateThe amendments made by this section shall apply to qualified priority medicine expenses paid or incurred after December 31, 2020. 5.Improving regulatory efficiencies for transfer of drugsThe Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended by inserting after section 505–1 of such Act (21 U.S.C. 355–1) the following:505–2.Transfer of drugs to domestic establishments(a)In generalBeginning not later than 90 days after the date of the enactment of this section, the Secretary shall expedite the review and approval of a supplemental application to an abbreviated new drug application approved under section 505(j) or a new drug application approved under section 505(c) that seeks to transfer manufacturing of one or more finished dosage forms of a drug or one or more active pharmaceutical ingredients therein from one or more foreign establishments to one or more new or existing domestic establishments.(b)Before supplemental application submission(1)Development and pre-submissionAfter an applicant submits a meeting request with respect to expedited review and approval of a supplemental application pursuant to subsection (a), the Secretary shall—(A)not later than 30 days after receiving such request, conduct a meeting with the applicant to—(i)discuss the information necessary to approve the supplemental application; and(ii)if applicable, schedule a pre-approval inspection; and(B)not later than 60 days after receiving such request, conduct a meeting with the applicant to—(i)provide advice to the applicant with respect to the supplemental application; and(ii)if applicable, select a first drug to be identified in accordance with subsection (c).(2)Review and approvalIn carrying out subsection (a), the Secretary shall—(A)review and take action with respect to a supplemental application not later than 6 months after the date of submission or resubmission of such application; and(B)where the Secretary recommends a change to a domestic establishment following an inspection of such establishment, reinspect the establishment not later than 90 days after receiving a request from the applicant for reinspection.(3)Relation to fee performance goalsThe deadlines specified in paragraph (1) supersede any conflicting performance goals identified in any statute reauthorizing the fee programs in parts 2 and 7 of subchapter C of title VII of the Federal Food, Drug, and Cosmetic Act.(c)ContentsWith respect to a supplemental application under subsection (a) for a transfer of the site of manufacture of multiple drugs that share a similar manufacturing process, the Secretary shall—(1)request a list of the drugs;(2)from the list under paragraph (1), identify a first drug to be transferred;(3)determine the criteria necessary to receive approval of the supplemental application; and(4)require the applicant to demonstrate, as part of such criteria, that each foreign establishment from which the drugs are to be transferred has a satisfactory inspection history with respect to the drugs.(d)Subsequent transfer of drugs that share a similar manufacturing processAfter the approval of a supplemental application under subsection (a) for the transfer of the manufacturing of a first drug identified by the Secretary pursuant to subsection (c)(2) from one or more foreign establishments to one or more new or existing domestic establishments, the Secretary may allow the applicant to so transfer drugs that share a similar manufacturing process with such first drug pursuant to submission of a report under section 506A(d)(2) rather than by requiring submission of a supplemental application.(e)Working group(1)EstablishmentNot later than 90 days after the date of enactment of this section, the Secretary shall establish an intra-agency working group to be known as the Facility Transfer Working Group.(2)MembershipThe Secretary shall appoint members of the Facility Transfer Working Group from among officials and employees of the Department of Health and Human Services who—(A)represent a cross-section of the Department of Health and Human Services; and(B)have expertise on establishments used to manufacture drugs.(3)DutiesThe Facility Transfer Working Group shall—(A)assist the Secretary in carrying out this section;(B)upon request by an applicant, conduct an informational site visit during the developmental phase to discuss requirements with the applicant with respect to facility design, site status, and validation;(C)not later than 30 days after conducting an informational site visit under subparagraph (B), provide advice and feedback to the applicant with respect to facility issues that may prevent approval of the supplemental application under subsection (a), including any issues with the facility transfer plans; and(D)participate in any pre-approval inspection required by the Secretary for an establishment or provide feedback to the Secretary with respect to a supplemental application described in subsection (a).(f)Additional informational visitsUpon request by the applicant, the Secretary may conduct informational site visits in addition to an informational site visit conducted by the Facility Transfer Working Group under subsection (e).(g)Guidance(1)IssuanceNot later than 1 year after the date of enactment of this section, the Secretary shall issue guidance with respect to this section.(2)ContentThe guidance issued under this paragraph shall include—(A)the process by which an applicant may seek expedited review and approval of a supplemental application under subsection (a); and(B)a description of the actions the Secretary may take to expedite the submission and review of such supplemental application.(h)DefinitionsIn this section:(1)Satisfactory inspection historyThe term satisfactory inspection history means, with respect to a drug, a history consisting of one or more inspections in which the most recent manufacturing inspection was a satisfactory manufacturing inspection during which—(A)no objectionable conditions or practices were found; or(B)objectionable conditions were found and voluntary corrective action was left to the manufacturer.(2)Similar manufacturing processThe term similar manufacturing process means processes used to manufacture drugs that share at least one unit operation having the same design principle..