		II
		112th CONGRESS
		1st Session
		S. 507
		IN THE SENATE OF THE UNITED STATES

			March 8, 2011
			Mr. Rockefeller
			 introduced the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To provide for increased Federal oversight of
		  prescription opioid treatment and assistance to States in reducing opioid
		  abuse, diversion, and deaths.

		1.Short
			 titleThis Act may be cited as
			 the Prescription Drug Abuse Prevention
			 and Treatment Act of 2011.
		2.FindingsCongress makes the following
			 findings:
			(1)Nonmedical use of
			 prescription pain relievers is a matter of increasing public health concern.
			 According to the Substance Abuse and Mental Health Services Administration, the
			 proportion of all substance abuse treatment admissions aged 12 or older that
			 reported any pain reliever abuse increased more than 400 percent between 1998
			 and 2008, from 2.2 to 9.8 percent.
			(2)In 2008, among
			 the population of the United States aged 12 or older, nonmedical use of
			 prescription pain relievers was the second most prevalent type of illicit drug
			 use, after marijuana use.
			(3)When used
			 properly under medical supervision, prescription opiates enable individuals
			 with chronic pain to lead productive lives. However, when taken without a
			 physician’s oversight and direction, opiates can cause serious adverse health
			 effects, resulting in dependence, abuse, and death.
			(4)As with any
			 controlled substance, there is a risk of abuse of methadone and other
			 opiates.
			(5)Methadone is an
			 extensively tested, federally approved, and widely accepted method of treating
			 addiction to prescription pain relievers or opiates.
			(6)For more than 30
			 years, this synthetic prescription drug has been used for pain management and
			 treatment for addiction to heroin, morphine, and other opioid drugs.
			(7)The efficacy and
			 lower cost of methadone has resulted in its being prescribed for pain
			 management.
			(8)Prescriptions for
			 methadone have increased by nearly 700 percent from 1998 through 2006.
			(9)According to the
			 Centers for Disease Control and Prevention, the number of poisoning deaths
			 involving methadone increased nearly 7-fold from almost 790 in 1999 to almost
			 5,420 in 2006, which is the most rapid increase among opioid analgesics and
			 other narcotics involved in poisoning deaths.
			(10)The age-specific
			 rates of methadone death are higher for persons age 35 to 44 and 45 to 54 than
			 for other age groups. However, the rate of methadone deaths in younger
			 individuals (age 15 to 24) increased 11-fold from 1999 through 2005.
			(11)Deaths from
			 methadone and other opiates may actually be underreported. There is no
			 comprehensive database of drug-related deaths in the United States.
			(12)The lack of
			 standardized reporting by Medical Examiners precludes a uniform definition of
			 cause of death on death certificates.
			(13)The Controlled
			 Substances Act (21 U.S.C. 801 et seq.) requires that every person who dispenses
			 or who proposes to dispense controlled narcotics, including methadone, whether
			 for pain management or opioid treatment obtain a registration from Drug
			 Enforcement Administration. Unfortunately there is no requirement as a
			 condition of receiving the registration that these practitioners receive any
			 education on the use of these controlled narcotics, including methadone.
			(14)Current Federal
			 oversight of methadone and other opioids is inadequate to address the growing
			 number of opioid-related overdoses and deaths.
			(15)Federal
			 legislation is needed to avert opioid abuse, misuse, and death, without
			 reducing patient access to needed care.
			3.Consumer
			 education campaignPart A of
			 title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended
			 by adding at the end the following:

				506C.Consumer
				education campaign
					(a)In
				generalThe Administrator shall award grants to States and
				nonprofit entities for the purpose of conducting culturally sensitive consumer
				education about opioid abuse, including methadone abuse. Such education shall
				include information on the dangers of opioid abuse, how to prevent opioid abuse
				including through safe disposal of prescription medications and other safety
				precautions, and detection of early warning signs of addiction.
					(b)EligibilityTo
				be eligible to receive a grant under subsection (a), an entity shall—
						(1)be a State or
				nonprofit entity; and
						(2)submit to the
				Administrator an application at such time, in such manner, and containing such
				information as the Administrator may require.
						(c)PriorityIn
				awarding grants under this section, the Administrator shall give priority to
				applicants that are States or communities with a high incidence of abuse of
				methadone and other opioids, and opioid-related deaths.
					(d)EvaluationsThe
				Administrator shall develop a process to evaluate the effectiveness of
				activities carried out by grantees under this section at reducing abuse of
				methadone and other opioids.
					(e)Authorization
				of appropriationsThere is authorized to be appropriated to carry
				out this section $15,000,000 for each of fiscal years 2012 through
				2016.
					.
		4.Practitioner
			 education
			(a)Education
			 requirements
				(1)Registration
			 considerationSection 303(f) of the Controlled Substances Act (21
			 U.S.C. 823(f)) is amended by inserting after paragraph (5) the
			 following:

						(6)The applicant's
				compliance with the training requirements described in subsection (g)(3) during
				any previous period in which the applicant has been subject to such training
				requirements.
						.
				(2)Training
			 requirementsSection 303(g) of the Controlled Substances Act (21
			 U.S.C. 823(g)) is amended by adding at the end the following:

						(3)(A)To be registered to
				prescribe or otherwise dispense methadone or other opioids, a practitioner
				described in paragraph (1) shall comply with the 16-hour training requirement
				of subparagraph (B) at least once during each 3-year period.
							(B)The training requirement of this
				subparagraph is that the practitioner has completed not less than 16 hours of
				training (through classroom situations, seminars at professional society
				meetings, electronic communications, or otherwise) with respect to—
								(i)the treatment and management of
				opioid-dependent patients;
								(ii)pain management treatment guidelines;
				and
								(iii)early detection of opioid addiction,
				including through such methods as Screening, Brief Intervention, and Referral
				to Treatment (SBIRT),
								that is provided by the American Society of Addiction
				Medicine, the American Academy of Addiction Psychiatry, the American Medical
				Association, the American Osteopathic Association, the American Psychiatric
				Association, the American Academy of Pain Management, the American Pain
				Society, the American Academy of Pain Medicine, the American Board of Pain
				Medicine, the American Society of Interventional Pain Physicians, or any other
				organization that the Secretary determines is appropriate for purposes of this
				subparagraph..
				(b)Requirements
			 for participation in opioid treatment programsEffective July 1,
			 2012, a physician practicing in an opioid treatment program shall comply with
			 the requirements of section 303(g)(3) of the Controlled Substances Act (as
			 added by subsection (a)) with respect to required minimum training at least
			 once during each 3-year period.
			(c)DefinitionIn
			 this section, the term opioid treatment program has the meaning
			 given such term in section 8.2 of title 42, Code of Federal Regulations (or any
			 successor regulation).
			(d)FundingThe
			 Drug Enforcement Administration shall fund the enforcement of the requirements
			 specified in section 303(g)(3) of the Controlled Substances Act (as added by
			 subsection (a)) through the use of a portion of the licensing fees paid by
			 controlled substance prescribers under the Controlled Substances Act (21 U.S.C.
			 801 et seq.).
			5.Moratorium on
			 methadone hydrochloride tablets
			(a)In
			 generalNotwithstanding any other provision of law, during the
			 period beginning on the date of enactment of this Act and ending on the date
			 described in subsection (b), no individual or entity may prescribe or otherwise
			 dispense a 40-mg diskette of methadone unless such prescription or dispensation
			 is consistent with the methadone 40-mg diskette policy of the Drug Enforcement
			 Administration as in effect on the date of enactment of this Act, except that
			 such prohibition shall extend to hospitals unless such hospitals provide for
			 direct patient supervision with respect to such methadone.
			(b)Ending date of
			 moratoriumThe moratorium under subsection (a) shall cease to
			 have force and effect—
				(1)on the date that
			 the Controlled Substances Clinical Standards Commission publishes in the
			 Federal Register dosing guidelines for all forms of methadone, in accordance
			 with section 506D(b)(1)(A) of the Public Health Service Act (as added by
			 section 7); and
				(2)if, as part of
			 such dosing guidelines, such Commission finds that 40-mg diskettes of methadone
			 are safe and clinically appropriate.
				6.Operation of
			 opioid treatment programsSection 303 of the Controlled Substances Act
			 (21 U.S.C. 823) is amended by adding at the end the following:

				(i)(1)An opioid treatment
				program that is registered under this section, and that closes for business on
				any weekday or weekend day, including a Federal or State holiday, shall comply
				with the requirements of this subsection.
					(2)The program shall make acceptable
				arrangements for each patient who is restricted, by Federal regulation or
				guideline or by the determination of the program medical director, from having
				a take home dose of a controlled substance related to the treatment involved,
				to receive a dose of that substance under appropriate supervision during the
				closure.
					(3)The Administrator of the Substance
				Abuse and Mental Health Services Administration shall issue a notice that
				references regulations on acceptable arrangements under this subsection, or
				shall promulgate regulations on such acceptable
				arrangements.
					.
		7.Establishment of
			 the Controlled Substances Clinical Standards CommissionPart A of title V of the Public Health
			 Service Act (42 U.S.C. 290aa et seq.), as amended by section 3, is further
			 amended by adding at the end the following:

				506D.Establishment
				of the Controlled Substances Clinical Standards Commission
					(a)In
				generalThe Secretary shall establish a Controlled Substances
				Clinical Standards Commission (referred to in this section as the
				Commission), to be composed of representatives from the
				Administration, the Centers for Disease Control and Prevention, the Food and
				Drug Administration, the Pain Management Consortia of the National Institutes
				of Health, and other agencies that the Secretary may deem necessary, to
				develop—
						(1)appropriate and
				safe dosing guidelines for all forms of methadone, including recommendations
				for maximum daily doses of all forms as provided for in subsection
				(b)(1);
						(2)benchmark
				guidelines for the reduction of methadone abuse, as provided for in subsection
				(b)(2);
						(3)appropriate
				conversion factors for use by health care providers in transitioning patients
				from one opioid to another;
						(4)specific
				guidelines for initiating pain management with methadone that prescribing
				practitioners shall comply with in order to meet certification requirements set
				forth in part C of the Controlled Substances Act (21 U.S.C. 821 et seq.);
				and
						(5)patient and
				practitioner education guidelines for both methadone maintenance therapy and
				pain management that apply to safe and effective use and include
				detoxification.
						(b)Guidelines
						(1)Publication of
				dosing guidelines
							(A)In
				generalNot later than 2 years after the date of enactment of
				this section, the Commission established under subsection (a) shall publish in
				the Federal Register—
								(i)safe and
				clinically appropriate dosing guidelines for all forms of methadone used for
				both pain management and opioid treatment programs, including recommendations
				for maximum daily doses of all forms, including recommendations for the
				induction process for patients who are newly prescribed methadone;
								(ii)requirements for
				individual patient care plans, including initial and follow-up patient physical
				examination guidelines, and recommendations for screening patients for chronic
				or acute medical conditions that may cause an immediate and adverse reaction to
				methadone;
								(iii)appropriate
				conversion factors for use by health care providers in transitioning patients
				from one opioid to another;
								(iv)specific
				guidelines for initiating pain management with methadone, that prescribing
				physicians or other clinicians shall comply with in order to meet Drug
				Enforcement Administration certification and re-certification requirements;
				and
								(v)consensus
				guidelines for pain management with prescription opioid drugs.
								(B)Updating of
				guidelinesNot later than 3 years after the publication of
				guidelines under subparagraph (A), and at least every 3 years thereafter, the
				Commission shall update such guidelines.
							(2)Publication of
				benchmark guidelines
							(A)In
				generalNot later than 3 years after the date of enactment of
				this section, the Commission established under subsection (a) shall publish in
				the Federal Register—
								(i)the initial
				benchmark guidelines for the reduction of methadone abuse to be used—
									(I)by opioid
				treatment programs in providing methadone therapy; and
									(II)by entities in
				the initial accreditation or certification, and the re-accreditation and
				re-certification, of such opioid treatment programs;
									(ii)a model policy
				for dispensing methadone to be used by pharmacists that dispense methadone,
				which should include education and training guidelines for such
				pharmacists;
								(iii)the continuing
				education guidelines that all prescribers shall comply with in order to meet
				Drug Enforcement Administration certification and re-certification
				requirements, as set forth in section 303(g)(3) of the Controlled Substances
				Act (21 U.S.C. 823(g)(3)), which should include a minimum of 16 training hours
				at least every 3 years that include the integration of both addiction and pain
				management curricula; and
								(iv)patient
				education guidelines for both opioid treatment programs and pain management,
				including recommendations for patient counseling prior to and during opioid
				addiction treatment or treatment for pain.
								(B)Updating of
				guidelinesNot later than 1 year after the publication of
				guidelines under subparagraph (A), and at least annually thereafter, the
				Commission shall update the guidelines published under clauses (iii) and (iv)
				of such subparagraph.
							(3)ConsultationIn
				developing and publishing the guidelines under this section, the Commission
				shall consult with relevant professional organizations with expertise in the
				area of addiction, relevant professional organizations with expertise in the
				area of pain management, physician groups, pharmacy groups (including the
				National Association of Boards of Pharmacy), patient representatives, and any
				other organization that the Secretary determines is appropriate for purposes of
				this section.
						(c)WebsiteNot
				later than 180 days after the date of enactment of this section, the Commission
				shall establish and operate a Commission website.
					(d)Methadone
				toolkitNot later than 1 year after the date of enactment of this
				section, the Commission shall establish, and distribute to practitioners that
				are registered to prescribe or otherwise dispense methadone, a methadone
				toolkit. The Commission shall make the components of the toolkit that are
				available in electronic form available on the Commission website.
					(e)Practitioner
				education programThe Commission shall develop a practitioner
				education program that shall be used for the practitioner education described
				in section 303(g)(3) of the Controlled Substances Act, and shall make such
				program available to providers of such practitioner education.
					(f)Authorization
				of appropriationsThere is authorized to be appropriated to carry
				out this section such sums as may be necessary for each of fiscal years 2012
				through
				2016.
					.
		8.Prescription
			 monitoring programSection
			 399O of the Public Health Service Act (42 U.S.C. 280g–3) is amended—
			(1)in subsection
			 (d)(1), by inserting (including prescribers of methadone) after
			 dispensers;
			(2)in subsection
			 (e), by adding at the end the following:

					(5)Subject to the
				requirements of section 543, the State shall, at the request of a Federal,
				State, or local officer whose duties include enforcing laws relating to drugs,
				provide to such officer information from the database relating to an individual
				who is the subject of an active drug-related investigation conducted by the
				officer's employing government entity.
					;
				and
			(3)by striking subsection (n) and inserting
			 the following:

					(n)AppropriationsThere
				is authorized to be appropriated to carry out this section $25,000,000 for each
				of fiscal years 2012 through 2016.
					.

			9.Mortality
			 reportingPart A of title V of
			 the Public Health Service Act (42 U.S.C. 290aa et seq.), as amended by section
			 7, is further amended by adding at the end the following:

				506E.Mortality
				reporting
					(a)Model Opioid
				Treatment Program Mortality Report
						(1)In
				generalNot later than July 1, 2012, the Secretary, acting
				through the Administrator, shall require that a Model Opioid Treatment Program
				Mortality Report be completed and submitted to the Administrator for each
				individual who dies while receiving treatment in an opioid treatment
				program.
						(2)Requirement of
				States that receive funding for the Controlled Substance Monitoring
				ProgramAs a condition for receiving funds under section 399O,
				each State shall require that any individual who signs a death certificate
				where an opioid drug is detected in the body of the deceased, or where such
				drug is otherwise associated with the death, report such death to the
				Administrator by submitting a Model Opioid Treatment Program Mortality Report
				described in paragraph (3). Such report shall be submitted to the Administrator
				on or before the later of—
							(A)90 days after the
				date of signing the death certificate; or
							(B)as soon as
				practicable after the date on which the necessary postmortem and toxicology
				reports become available to such individual, as required by the
				Secretary.
							(3)DevelopmentThe
				Administrator, in consultation with State and local medical examiners,
				prescribing physicians, hospitals, and any other organization that the
				Administrator determines appropriate, shall develop a Model Opioid Treatment
				Program Mortality Report to be used under paragraphs (1) and (2).
						(b)National Opioid
				Death Registry
						(1)In
				generalNot later than July 1, 2012, the Administrator shall
				establish and implement, through the National Center for Health Statistics, a
				National Opioid Death Registry (referred to in this subsection as the
				Registry) to track opioid-related deaths and information related
				to such deaths.
						(2)ConsultationIn
				establishing the uniform reporting criteria for the Registry, the Director of
				the Centers for Disease Control and Prevention shall consult with the
				Administrator, State and local medical examiners, prescribing physicians,
				hospitals, and any other organization that the Director determines is
				appropriate for purposes of this subsection.
						(3)RequirementsThe
				registry shall be designed as a uniform reporting system for opioid-related
				deaths and shall require the reporting of information with respect to such
				deaths, including—
							(A)the particular
				drug formulation used at the time of death;
							(B)the dosage
				level;
							(C)a description of
				the circumstances surrounding the death in relation to the recommended dosage
				involved;
							(D)a disclosure of
				whether the medication involved can be traced back to a physician’s
				prescription;
							(E)a disclosure of
				whether the individual was in an opioid treatment program at the time of
				death;
							(F)the age and sex
				of the individual; and
							(G)other
				non-personal information such as that included in filed National Association of
				Medical Examiners Pediatric Toxicology Registry case reports as required under
				the privacy standard for the de-identification of health information pursuant
				to the regulations contained in part 164 of title 45, Code of Federal
				Regulations.
							(4)AuthorizationThere
				is authorized to be appropriated $5,000,000 for each of fiscal years 2012
				through 2016 to carry out this subsection.
						(c)Report on
				Registry informationNot later than the January 1 of the first
				fiscal year beginning 2 years after the date of enactment of this section, and
				each January 1 thereafter, the Director of the Centers for Disease Control and
				Prevention shall submit to the Secretary a report, based on information
				contained in the Registry described in subsection (b), concerning the number of
				methadone-related deaths in the United States for the year for which the report
				is
				submitted.
					.
		10.Additional
			 reportingPart A of title V of
			 the Public Health Service Act (42 U.S.C. 290aa et seq.), as amended by section
			 9, is further amended by adding at the end the following:

				506F.Additional
				reporting
					(a)Report on
				methadone usage
						(1)In
				generalNot later than January 1 of the first fiscal year
				beginning 2 years after the date of enactment of this section, and each January
				1 thereafter, the Administrator and the Commissioner of Food and Drugs shall
				submit to the Secretary a report containing detailed statistics on methadone
				usage for opioid treatment and pain management. Such statistics shall
				include—
							(A)information on
				the distribution of prescribed doses of methadone at federally qualified health
				centers, opioid treatment clinics, other health-related clinics, physician
				offices, pharmacies, and hospitals; and
							(B)information
				relating to adverse health events resulting from such methadone usage.
							(2)Availability of
				informationThe Secretary shall make the reports submitted under
				paragraph (1) available to the general public, including through the use of the
				Internet website of the Department of Health and Human Services.
						(b)Annual report
				on effectivenessNot later than September 30, 2012, and annually
				thereafter until September 30, 2016, the Secretary shall submit to the
				appropriate committees of Congress, a report concerning the effectiveness of
				the methadone maintenance therapy program. Such report shall evaluate the
				success of efforts to reduce opioid addiction and methadone-related deaths,
				including the impact of health care provider and patient education.
					(c)Authorization
				of appropriationsThere is authorized to be appropriated to carry
				out this section such sums as may be necessary for each of fiscal years 2012
				through
				2016.
					.


117 S795 IS: Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site Act
U.S. Senate
2021-03-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 795IN THE SENATE OF THE UNITED STATESMarch 17 (legislative day, March 16), 2021Ms. Duckworth (for herself, Mr. Durbin, Mr. Booker, Mr. Wicker, and Mrs. Hyde-Smith) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo establish the Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site in the State of Illinois, and for other purposes.1.Short titleThis Act may be cited as the Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site Act.2.DefinitionsIn this Act:(1)National Historic SiteThe term National Historic Site means the Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site established by section 3(a). (2)SecretaryThe term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service.3.Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site(a)EstablishmentThere is established the Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site in the State of Illinois as a unit of the National Park System.(b)PurposeThe purpose of the National Historic Site is to preserve, protect, and interpret for the benefit of present and future generations resources associated with—(1)the Great Migration;(2)the memorial service and funeral of Emmett Till;(3)the courage and activism of Mamie Till-Mobley; and (4)the civil rights movement.(c)Map; Boundaries(1)MapAs soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map of the National Historic Site.(2)Availability of mapThe map prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (3)BoundariesThe boundaries of the National Historic Site shall be the boundaries generally depicted on the map prepared under paragraph (1).(d)Acquisition authorityThe Secretary may acquire any land or interest in land located within the boundary of the National Historic Site by—(1)donation;(2)purchase from a willing seller with donated or appropriated funds; or(3)exchange.(e)Administration(1)In generalThe Secretary shall administer the National Historic Site in accordance with—(A)this Act; and(B)the laws generally applicable to units of the National Park System.(2)Management plan(A)Deadline for completionNot later than 3 years after the date on which funds are first made available to the Secretary for the preparation of a general management plan for the National Historic Site, the Secretary shall prepare a general management plan for the National Historic Site in accordance with section 100502 of title 54, United States Code.(B)InclusionThe general management plan prepared under subparagraph (A) shall identify, as appropriate, the roles and responsibilities of the National Park Service and any applicable management entity in administering and interpreting the National Historic Site and areas affiliated with the National Historic Site in a manner that does not interfere with existing operations and the continued use of existing facilities at the National Historic Site. (C)Submission to CongressOn completion of the general management plan under subparagraph (A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives the general management plan prepared under that subparagraph.


109 HR 1650 IH: Stem Cell Research Investment Act of 2005
U.S. House of Representatives
2005-04-14
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. 1650
IN THE HOUSE OF REPRESENTATIVES

April 14, 2005
Mrs. Johnson of Connecticut (for herself, Mr. Castle, Mr. Boswell, Mrs. Christensen, Ms. Lee, Mr. Ramstad, Ms. Loretta Sanchez of California, Mr. Shays, and Mr. Simmons) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to allow tax credits to holders of stem cell research bonds.

1.Short titleThis Act may be cited as the Stem Cell Research Investment Act of 2005.
2.Incentives for stem cell research
(a)In generalChapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter:

ZStem cell research bonds

Sec. 1400N. Credit to holders of qualified stem cell research bonds
1400N.Credit to holders of qualified stem cell research bonds
(a)Allowance of creditIn the case of a taxpayer who holds a qualified stem cell research bond on a credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to credit allowance dates during such year on which the taxpayer holds such bond.
(b)Amount of credit
(1)In generalThe amount of the credit determined under this subsection with respect to any credit allowance date for a qualified stem cell research bond is 25 percent of the annual credit determined with respect to such bond.
(2)Annual creditThe annual credit determined with respect to any qualified stem cell research bond is the product of—
(A)the applicable credit rate, multiplied by
(B)the outstanding face amount of the bond.
(3)Applicable credit rateFor purposes of paragraph (1), the applicable credit rate with respect to an issue is the rate equal to an average market yield (as of the day before the date of issuance of the issue) on outstanding long-term corporate debt obligations (determined under regulations prescribed by the Secretary).
(4)Special rule for issuance and redemptionIn the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed.
(c)Limitation based on amount of tax
(1)In generalThe credit allowed under subsection (a) for any taxable year shall not exceed the excess of—
(A)the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
(B)the sum of the credits allowed under part IV of subchapter A (other than subpart C thereof, relating to refundable credits).
(2)Carryover of unused creditIf the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.
(d)Qualified stem cell research bond; credit allowance dateFor purposes of this section—
(1)Qualified stem cell research bondThe term qualified stem cell research bond means any bond issued as part of an issue if—
(A)95 percent or more of the proceeds of such issue are to be used for interdisciplinary scientific and medical research relating to stem cells, therapy development relating to stem cells, and development of pharmacologies and treatments through clinical trials relating to stem cells,
(B)the bond is issued by a State or local government,
(C)the issuer designates such bond for purposes of this section, and
(D)the term of each bond which is part of such issue does not exceed 30 years.
(2)Stem cell
(A)In generalThe term stem cell means a cell with the ability to divide for indefinite periods in culture and give rise to specialized cells.
(B)LimitationHuman embryonic stem cells shall be eligible for use in any research supported by a bond issued under this section if the cells meet each of the following:
(i)The stem cells were derived from human embryos that were donated from in vitro fertilization clinics, were created solely for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment.
(ii)Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it was determined that the embryos would never be implanted in a woman and would otherwise be discarded.
(iii)The individuals seeking fertility treatment donated the embryos with written informed consent that the embryos would be used for research purposes.
(iv)Neither the individuals for whom the embryo was created nor any other person or entity which participated in the fertility treatment through which the embryo was created received, directly or indirectly, any monetary incentive or other compensation with respect to the donation of the embryo.
(3)Report on researcher activitiesA bond shall not be treated as a qualified stem cell research bond unless the issue of which such bond is a part carries a requirement under which any person who receives proceeds from such issue for a purpose described in paragraph (1)(A) is obligated to submit to the issuer an annual report—
(A)describing the activities carried out (in whole or in part) with such proceeds during the preceding calendar year, and
(B)including a description of whether and to what extent research for a purpose described in paragraph (1)(A) has been conducted in accordance with the requirements imposed by the issuer of such bond.
(4)Credit allowance dateThe term credit allowance date means—
(A)March 15,
(B)June 15,
(C)September 15, and
(D)December 15.Such term includes the last day on which the bond is outstanding.
(5)BondThe term bond includes any obligation.
(6)StateThe term State includes the District of Columbia and any possession of the United States.
(e)Limitation on amount of bonds designated
(1)In generalThe maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated under paragraph (2) for such calendar year to such issuer.
(2)Limitation on amount allocated to an issuerNot more than 20 percent of the national qualified stem cell research bond limitation for a calendar year may be allocated to an issuer for the calendar year. For the purposes of the preceding sentence, a local government within a State shall be treated as the State.
(3)National limitation on amount of bonds designatedThere is a national qualified stem cell research bond limitation for each calendar year. Such limitation is—
(A)$10,000,000,000 for each of the calendar years 2006, 2007, and 2008, and
(B)except as provided in subsection (f), zero after 2008.
(4)Carryover of unused limitationIf for any calendar year—
(A)the aggregate amount allocated under paragraph (2), exceeds
(B)the amount of bonds issued during such year which are designated under subsection (a) pursuant to such allocation,the limitation amount under paragraph (3) for the following calendar year shall be increased by the amount of such excess.
(f)Credit included in gross incomeGross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (c)) and the amount so included shall be treated as interest income.
(g)Recapture of portion of credit where cessation of compliance
(1)In generalIf any bond which when issued purported to be a qualified stem cell research bond ceases to be a qualified stem cell research bond, the issuer shall pay to the United States (at the time required by the Secretary) an amount equal to the sum of—
(A)the aggregate of the credits allowable under this section with respect to such bond (determined without regard to subsection (c)) for taxable years ending during the calendar year in which such cessation occurs and the 2 preceding calendar years, and
(B)interest at the underpayment rate under section 6621 on the amount determined under subparagraph (A) for each calendar year for the period beginning on the first day of such calendar year.
(2)Failure to payIf the issuer fails to timely pay the amount required by paragraph (1) with respect to such bond, the tax imposed by this chapter on each holder of any such bond which is part of such issue shall be increased (for the taxable year of the holder in which such cessation occurs) by the aggregate decrease in the credits allowed under this section to such holder for taxable years beginning in such 3 calendar years which would have resulted solely from denying any credit under this section with respect to such issue for such taxable years.
(3)Special rules
(A)Tax benefit ruleThe tax for the taxable year shall be increased under paragraph (2) 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 paragraph (2) shall not be treated as a tax imposed by this chapter for purposes of determining—
(i)the amount of any credit allowable under this part, or
(ii)the amount of the tax imposed by section 55.
(h)Bonds held by regulated investment companiesIf any qualified stem cell research bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary.
(i)Credits may be strippedUnder regulations prescribed by the Secretary—
(1)In generalThere may be a separation (including at issuance) of the ownership of a qualified stem cell research bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond.
(2)Certain rules to applyIn the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified stem cell research bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon.
(j)Treatment for estimated tax purposesSolely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a qualified stem cell research bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date.
(k)Credit may be transferredNothing in any law or rule of law shall be construed to limit the transferability of the credit allowed by this section through sale and repurchase agreements.
(l)Reporting
(1)Initial reportIssuers of qualified stem cell research bonds shall submit reports similar to the reports required under section 149(e).
(2)Annual reportsIn addition to the report required by paragraph (1), issuers of qualified stem cell research bonds shall submit a report not later than March 31 of each year to the Secretary. Each such report shall include a description of—
(A)the activities carried out (in whole or in part) with the proceeds of such bonds during the preceding calendar year, and
(B) whether and to what extent research for a purpose described in subsection (d)(1)(A) has been conducted in accordance with the requirements imposed by the issuer of such bond.
(m)TerminationThis section shall not apply to any bond issued after September 30, 2008. .
(b)ReportingSubsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph:

(8)Reporting of credit on qualified stem cell research bonds
(A)In generalFor purposes of subsection (a), the term interest includes amounts includible in gross income under section 1400N(f) and such amounts shall be treated as paid on the credit allowance date (as defined in section 1400N(d)(3)).
(B)Reporting to corporations, etcExcept as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i).
(C)Regulatory authorityThe Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting..
(c)Conforming amendmentThe table of subchapters for chapter 1 of such Code is amended by adding at the end the following new item:

Subchapter Z. Stem cell research bonds..
(d)Effective dateThe amendments made by this section shall apply to obligations issued after December 31, 2005.


113 HR 2110 IH: Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2013
U.S. House of Representatives
2013-05-22
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.

		I
		113th CONGRESS
		1st Session
		H. R. 2110
		IN THE HOUSE OF REPRESENTATIVES

			May 22, 2013
			Mr. Lewis introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To reauthorize the Assets for Independence Act, to
		  provide for the approval of applications to operate new demonstration programs
		  and to renew existing programs, to enhance program flexibility, and for other
		  purposes.

		1.Short title; reference; table
			 of contents
			(a)Short
			 titleThis Act may be cited
			 as the Stephanie Tubbs Jones Assets
			 for Independence Reauthorization Act of 2013.
			(b)ReferenceExcept as otherwise expressly provided,
			 whenever in this Act an amendment is expressed in terms of an amendment to a
			 section or other provision, the reference shall be considered to be made to
			 that section or other provision of the Assets for Independence Act (42 U.S.C.
			 604 note).
			(c)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; reference; table of contents.
					Sec. 2. Findings.
					Sec. 3. Sense of Congress.
					Sec. 4. Definitions.
					Sec. 5. Applications.
					Sec. 6. Demonstration authority; annual grants.
					Sec. 7. Reserve Fund.
					Sec. 8. Eligibility for participation.
					Sec. 9. Deposits by qualified entities.
					Sec. 10. Regulations.
					Sec. 11. Annual progress reports.
					Sec. 12. Sanctions.
					Sec. 13. Evaluations.
					Sec. 14. Costs of training qualified entities.
					Sec. 15. Waiver authority.
					Sec. 16. Authorization of appropriations.
					Sec. 17. Conforming amendments.
					Sec. 18. General effective date.

			2.FindingsSection 402 is amended—
			(1)in paragraph (2),
			 by striking Fully ½ and inserting
			 Almost 1/4; and
			(2)in paragraph (4),
			 by striking the first sentence and inserting the following: Traditional
			 public assistance programs concentrate on income and consumption and have
			 lacked an asset-building component to promote and support the transition to
			 increased economic self-sufficiency..
			3.Sense of
			 CongressIt is the sense of
			 Congress that a qualified entity conducting a demonstration project under the
			 Assets for Independence Act (42 U.S.C. 604 note) should, to the maximum extent
			 practicable, increase—
			(1)the rate at which
			 the entity matches contributions by individuals participating in the project
			 under section 410(a)(1) of such Act; or
			(2)the number of
			 individuals participating in the project.
			4.DefinitionsSection 404 is amended—
			(1)by amending
			 paragraph (4) to read as follows:

					(4)HouseholdThe term household means an
				individual or group of individuals who live in a single residence. Multiple
				households may share a single
				residence.
					;
			(2)in paragraph
			 (5)(A)—
				(A)by striking clause (iii);
				(B)by redesignating
			 clauses (iv) through (vi) as clauses (iii) through (v), respectively;
			 and
				(C)in clause (iv), as
			 redesignated by subparagraph (B), by striking clause (vi) and
			 inserting clause (v);
				(3)in paragraph (7)(A)—
				(A)by amending clause
			 (ii) to read as follows:

						(ii)a State or local government agency (or a
				public housing agency, as defined in section 3(b)(6) of the United States
				Housing Act of 1937 (42 U.S.C. 1437a(b)(6))) or a tribal government (or a
				tribally designated housing entity, as defined in section 4(22) of the Native
				American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.
				4103(22)));
						;
				and
				(B)by striking clause (iii) and inserting the
			 following:

						(iii)a credit union designated as a low-income
				credit union by the National Credit Union Administration (NCUA); or
						(iv)an organization designated as a community
				development financial institution by the Secretary of the Treasury (or the
				Community Development Financial Institutions
				Fund).
						;
				and
				(4)in paragraph
			 (8)—
				(A)in subparagraph
			 (A)—
					(i)in
			 the first sentence—
						(I)by inserting
			 of an eligible individual or the dependent of an eligible individual (as
			 such term is used in subparagraph (E)(ii)) after
			 expenses; and
						(II)by inserting
			 , or to a vendor pursuant to an education purchase plan approved by a
			 qualified entity before the period;
						(ii)in clause (i)—
						(I)in subclause (II), by inserting or
			 for courses described in subclause (III) after eligible
			 educational institution; and
						(II)by adding at the
			 end the following new subclauses:

								(III)Preparatory
				coursesPreparatory courses for an examination required for
				admission to an eligible educational institution, for successful performance at
				an eligible educational institution, or for a professional licensing or
				certification examination.
								(IV)Room and board
				and transportationRoom and
				board and transportation, including commuting expenses, necessary to enable
				attendance at courses of instruction at an eligible educational institution or
				attendance at courses described in subclause
				(III).
								;
						(iii)by amending clause (ii) to read as
			 follows:

							(ii)Eligible
				educational institutionThe
				term eligible educational institution means—
								(I)an institution
				described in section 101 or 102 of the Higher Education Act of 1965 (20 U.S.C.
				1001, 1002); or
								(II)an area career and technical education
				school, as defined in section 3(3) of the Carl D. Perkins Career and Technical
				Education Act of 2006 (20 U.S.C.
				2302(3)).
								;
				and
					(iv)by
			 adding at the end the following new clause:

							(iii)Education
				purchase planThe term
				education purchase plan means a plan—
								(I)for the purchase
				of items or services described in subclauses (II) through (IV) of clause (i)
				from entities other than eligible educational institutions;
								(II)that includes a
				description of the items or services to be purchased; and
								(III)that includes such information as a
				qualified entity may request from the eligible individual involved regarding
				the necessity of the items or services to a course of study at an eligible
				educational institution or a course described in clause
				(i)(III).
								;
					(B)in subparagraph
			 (B)—
					(i)by amending clause (i) to read as
			 follows:

							(i)Principal
				residenceThe term
				principal residence means a main residence the qualified
				acquisition costs of which do not exceed 120 percent of the median house price
				in the area, as determined by the Secretary of Housing and Urban Development
				for purposes of section 203(b) of the National Housing Act (12 U.S.C. 1709(b))
				for a residence occupied by a number of families that corresponds to the number
				of households occupying the residence
				involved.
							;
				and
					(ii)in clause (iii)—
						(I)by amending
			 subclause (I) to read as follows:

								(I)In
				generalSubject to subclause
				(II), the term qualified first-time homebuyer means an individual
				participating in the project involved who—
									(aa)has
				no sole present ownership interest in a principal residence during the 3-year
				period ending on the date of acquisition of the principal residence to which
				this subparagraph applies (except for an interest in such principal residence);
				and
									(bb)has
				no co-ownership interest in a principal residence on the date of acquisition of
				the principal residence to which this subparagraph applies (except for an
				interest in such principal
				residence).
									;
						(II)by redesignating subclause (II) as
			 subclause (III); and
						(III)by inserting
			 after subclause (I) the following new subclause:

								(II)Exception for
				victims of domestic violenceAn individual participating in the project
				involved who is a recent or current victim of domestic violence (as defined in
				section 40002(a)(8) of the Violence Against Women Act of 1994 (42 U.S.C.
				13925(a)(8))) shall not be considered to fail to be a qualified first-time
				homebuyer by reason of having a co-ownership interest in a principal residence
				with a person who committed domestic violence against the
				victim.
								;
						(C)by redesignating subparagraphs (C) and (D)
			 as subparagraphs (D) and (E), respectively;
				(D)by inserting after
			 subparagraph (B) the following new subparagraph:

						(C)Home
				replacement, repair, or improvementQualified replacement costs or qualified
				repair or improvement costs with respect to a principal residence, if paid from
				an individual development account directly to the persons to whom the amounts
				are due. In this subparagraph:
							(i)Principal
				residenceThe term
				principal residence means—
								(I)with respect to
				payment of qualified replacement costs, a main residence the qualified
				replacement costs of which do not exceed 120 percent of the median house price
				in the area, as determined by the Secretary of Housing and Urban Development
				for purposes of section 203(b) of the National Housing Act (12 U.S.C. 1709(b))
				for a residence occupied by a number of families that corresponds to the number
				of households occupying the residence involved; or
								(II)with respect to
				qualified repair or improvement costs, a main residence the value of which does
				not exceed, on the day before the commencement of the repairs or improvements,
				120 percent of such median house price.
								(ii)Qualified
				replacement costsThe term
				qualified replacement costs means the costs (including any usual
				or reasonable settlement, financing, or other closing costs) of
				replacing—
								(I)a manufactured home that was manufactured,
				assembled, or imported for resale before the initial effectiveness of any
				Federal manufactured home construction and safety standards established
				pursuant to section 604 of the National Manufactured Housing Construction and
				Safety Standards Act of 1974 (42 U.S.C. 5403); or
								(II)a residence that fails to meet local
				building codes or is not legally habitable.
								(iii)Qualified
				repair or improvement costsThe term qualified repair or
				improvement costs means the costs of making repairs or improvements
				(including any usual or reasonable financing costs) that will enhance the
				habitability or long-term value of a
				residence.
							;
				and
				(E)by adding at the
			 end the following new subparagraph:

						(F)Qualified
				tuition programsContributions paid from an individual
				development account of an eligible individual directly to a qualified tuition
				program (as defined in subsection (b) of section 529 of the Internal Revenue
				Code of 1986), for the purpose of covering qualified higher education expenses
				(as defined in subsection (e)(3) of such section) of a dependent of such
				individual (as such term is used in clause (ii) of subparagraph
				(E)).
						.
				5.ApplicationsSection 405 is amended—
			(1)in subsection
			 (c)(4), by adding at the end the following: Such funds include funds
			 received under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.),
			 the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et
			 seq.), the Native American Housing Assistance and Self-Determination Act of
			 1996 (25 U.S.C. 4101 et seq.), or title I of the Housing and Community
			 Development Act of 1974 (42 U.S.C. 5301 et seq.) (including Community
			 Development Block Grant Act funds and Indian Community Development Block Grant
			 Act funds), that are formally committed to the project.; and
			(2)by adding at the
			 end the following new subsection:

					(h)Applications for
				new projects and renewals of existing projectsFor project years beginning on or after the
				date of the enactment of the Stephanie Tubbs
				Jones Assets for Independence Reauthorization Act of 2013, the
				previous provisions of this section shall only apply as follows:
						(1)Announcement of
				proceduresNot later than 180 days after the date of the
				enactment of the Stephanie Tubbs Jones Assets
				for Independence Reauthorization Act of 2013, the Secretary shall
				publicly announce the procedures by which a qualified entity may submit an
				application—
							(A)to conduct a
				demonstration project under this title; or
							(B)for renewal of
				authority to conduct a demonstration project under this title.
							(2)ApprovalThe Secretary shall, on a competitive
				basis, approve applications submitted pursuant to the procedures announced
				under paragraph (1), taking into account the assessments required by subsection
				(c) and giving special consideration to the applications described in paragraph
				(3).
						(3)Special
				considerationThe
				applications described in this paragraph are the following:
							(A)Applications
				submitted by qualified entities proposing to conduct demonstration projects
				under this title that will target the following populations:
								(i)Individuals who
				are or have been in foster care.
								(ii)Victims of domestic violence (as defined in
				section 40002(a)(8) of the Violence Against Women Act of 1994 (42 U.S.C.
				13925(a)(8))).
								(iii)Victims
				of—
									(I)a major disaster declared to exist by the
				President under section 401 of the Robert T. Stafford Disaster Relief and
				Emergency Assistance Act (42 U.S.C. 5170) or an emergency declared to exist by
				the President under section 501 of such Act (42 U.S.C. 5191); or
									(II)a situation similar to a major disaster or
				emergency described in subclause (I) declared to exist by the Governor of a
				State.
									(iv)Formerly
				incarcerated individuals.
								(v)Individuals who
				are unemployed or underemployed.
								(B)Applications
				described in subsection (d).
							(4)Contracts with
				nonprofit entitiesSubsection (f) shall continue to apply.
						(5)Grandfathering
				of existing statewide programsSubsection (g) shall continue to apply,
				except that any reference in such subsection to the date of enactment of this
				Act or to $1,000,000 shall be deemed to be a reference to the date of the
				enactment of the Stephanie Tubbs Jones Assets
				for Independence Reauthorization Act of 2013 or to $250,000,
				respectively.
						.
			6.Demonstration
			 authority; annual grantsSection 406(a) is amended by inserting
			 (or, in the case of an application approved under section 405(h)(2), not
			 later than 30 days after the date of the approval of such application)
			 after the date of enactment of this title.
		7.Reserve
			 FundSection 407(c) is
			 amended—
			(1)in paragraph
			 (1)(D), by inserting or organizations after
			 organization; and
			(2)by amending paragraph (3) to read as
			 follows:

					(3)Limitation on
				uses
						(A)In
				generalOf the amount provided to a qualified entity under
				section 406(b)—
							(i)not more than 5.5
				percent shall be used for the purpose described in subparagraph (A) of
				paragraph (1);
							(ii)not less than 80
				percent shall be used for the purpose described in subparagraph (B) of such
				paragraph; and
							(iii)not more than
				14.5 percent shall be used for the purposes described in subparagraphs (C) and
				(D) of such paragraph.
							(B)Joint
				administration of projectIf two or more qualified entities are
				jointly administering a demonstration project, no one such entity shall use
				more than its proportional share of the percentage indicated in subparagraph
				(A) for the purposes described in subparagraphs (A) through (D) of paragraph
				(1).
						.
			8.Eligibility for
			 participationSection 408 is
			 amended—
			(1)in subsection (a)—
				(A)by amending
			 paragraph (1) to read as follows:

						(1)Income
				testsThe household meets
				either of the following income tests:
							(A)Adjusted gross
				income testThe adjusted
				gross income of the household for the last taxable year ending in or with the
				preceding calendar year does not exceed the greater of—
								(i)200 percent of the Federal poverty line, as
				defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C.
				9902(2)), including any revision required by such section, for a family
				composed of the number of persons in the household at the end of such taxable
				year; or
								(ii)80 percent of the median income for the
				area for such taxable year, as determined by the Secretary of Housing and Urban
				Development for purposes of section 3(b)(2) of the United States Housing Act of
				1937 (42 U.S.C. 1437a(b)(2)), taking into account any family-size adjustment by
				the Secretary under such section that corresponds to the size of the household
				at the end of such taxable year.
								(B)Modified
				adjusted gross income test
								(i)In
				generalThe modified adjusted
				gross income of the household for the last taxable year ending in or with the
				preceding calendar year does not exceed the amount described in clause (ii) for
				the individual whose eligibility is being determined under this section.
								(ii)Amount
				describedThe amount described in this clause for an individual
				is as follows:
									(I)Married filing
				jointly$40,000 for an
				individual described in subsection (a)(1) of section 1 of the Internal Revenue
				Code of 1986.
									(II)Surviving
				spouse$40,000 for an individual described in subsection (a)(2)
				of such section.
									(III)Head of
				household$30,000 for an individual described in subsection (b)
				of such section.
									(IV)Single or
				married filing separately$20,000 for an individual described in
				subsection (c) or (d) of such section.
									(iii)Adjustment for
				inflation
									(I)In
				generalIn the case of a calendar year described in clause (i)
				that is after 2014, the dollar amounts in clause (ii) shall be the dollar
				amounts determined under this clause (or clause (ii)) for the previous year
				increased by the annual percentage increase (if any) in the consumer price
				index (all items; U.S. city average) as of September of the calendar year
				described in clause (i).
									(II)RoundingAny dollar amount determined under
				subclause (I) that is not a multiple of $100 shall be rounded to the next
				greatest multiple of $100.
									;
				and
				(B)in paragraph (2),
			 by adding at the end the following new subparagraph:

						(D)Adjustment for
				inflation
							(i)In
				generalIn the case of a calendar year described in subparagraph
				(A) that is after 2014, the dollar amount in such subparagraph shall be the
				dollar amount determined under this clause (or such subparagraph) for the
				previous year increased by the annual percentage increase (if any) in the
				consumer price index (all items; U.S. city average) as of September of the
				calendar year described in such subparagraph.
							(ii)RoundingAny dollar amount determined under clause
				(i) that is not a multiple of $100 shall be rounded to the next greatest
				multiple of
				$100.
							;
				(2)by redesignating
			 subsection (b) as subsection (c);
			(3)by inserting after
			 subsection (a) the following new subsection:

					(b)Calculating
				income of household
						(1)Adjusted gross
				incomeFor purposes of
				subsection (a)(1)(A), the adjusted gross income of a household for a taxable
				year is the sum of the adjusted gross incomes of the individuals who are
				members of the household at the end of such year.
						(2)Modified
				adjusted gross incomeFor
				purposes of subsection (a)(1)(B), the modified adjusted gross income of a
				household for a taxable year is the sum of the modified adjusted gross incomes
				of the individuals who are members of the household at the end of such
				year.
						;
				and
			(4)in subsection (c),
			 as redesignated by paragraph (2)—
				(A)by striking
			 , including and all that follows and inserting a period;
				(B)by striking
			 The Secretary and inserting the following:

						(1)In
				generalThe
				Secretary
						;
				and
				(C)by adding at the
			 end the following new paragraphs:

						(2)Individuals who
				move because of major disasters or emergencies or to find employment
							(A)In
				generalThe regulations promulgated under paragraph (1) shall
				establish procedures under which an individual described in subparagraph (B)
				may transfer from one demonstration project under this title to another
				demonstration project under this title that is being conducted in another
				community by a qualified entity that agrees to accept the individual into the
				project. Such regulations shall not permit such a transfer unless such
				qualified entity has sufficient amounts in its Reserve Fund to make the
				deposits required by section 410 with respect to the individual.
							(B)Individual
				describedAn individual described in this subparagraph is an
				individual participating in a demonstration project under this title who moves
				from the community in which the project is being conducted—
								(i)because of—
									(I)a major disaster
				declared to exist in such community by the President under section 401 of the
				Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
				5170) or an emergency declared to exist in such community by the President
				under section 501 of such Act (42 U.S.C. 5191);
									(II)a situation
				similar to a major disaster or emergency described in subclause (I) declared to
				exist in such community by the Governor of a State; or
									(III)a qualifying life event experienced by such
				individual; or
									(ii)in order to
				secure employment.
								(C)Qualifying life
				event definedFor purposes of
				subparagraph (B)(i)(III), the term qualifying life event—
								(i)means an event
				determined by the Secretary to be similar to an event that would permit the
				individual to make an election change with respect to a cafeteria plan under
				section 125 of the Internal Revenue Code of 1986; and
								(ii)includes—
									(I)a change in the
				legal marital status of the individual;
									(II)a change in the number of dependents of the
				individual (as such term is used in section 404(8)(E)(ii));
									(III)the birth or
				death of a child of the individual;
									(IV)the adoption or
				placement for adoption of a child by the individual;
									(V)a change in the
				provider of daycare for a child of the individual, or a significant increase in
				the cost of such daycare; and
									(VI)a change in employment status of the
				individual, the individual’s spouse, or a dependent of the individual (as such
				term is used in section 404(8)(E)(ii)).
									(3)Relocation to
				community where no project is available
							(A)In
				generalAn individual
				described in subparagraph (B) shall be permitted to withdraw funds from the
				individual development account of the individual during the 1-year period
				following the date such individual moves to another community in the same
				manner that an individual is permitted under section 410(d)(2) to withdraw
				funds during the 1-year period following the end of a demonstration
				project.
							(B)Individual
				describedAn individual described in this subparagraph is an
				individual who—
								(i)moves to a
				community where no demonstration project under this title is being conducted;
				or
								(ii)after moving to
				another community and making such efforts as the Secretary may require to
				transfer to another demonstration project under this title, is, for any reason
				other than a violation of the requirements of this title or regulations
				promulgated by the Secretary under this title, not accepted into another
				demonstration project under this title.
								(C)Funds remaining
				in IDAAny funds remaining in
				an individual development account after the end of the 1-year period described
				in subparagraph (A) shall be treated in the same manner as funds remaining in
				an individual development account after the end of the 1-year period described
				in subsection (d)(2)(A) of section 410 are treated under subsection (f) of such
				section.
							(4)Relocation by
				other individualsThe
				regulations promulgated under paragraph (1) shall prohibit any individual who
				is unable to continue participating in a demonstration project under this title
				for any reason, except for an individual described in paragraph (2)(B) or
				(3)(B), from being eligible to participate in any other demonstration project
				conducted under this
				title.
						.
				9.Deposits by
			 qualified entitiesSection 410
			 is amended—
			(1)in subsection (a)(2), by inserting 2
			 times after an amount equal to;
			(2)in subsection (b),
			 by striking $2,000 and inserting $5,000;
			(3)in subsection (c),
			 by striking $4,000 and inserting $10,000;
			(4)in subsection
			 (d)—
				(A)by striking
			 The Secretary shall and inserting the following:

						(1)In
				generalThe Secretary
				shall
						;
				(B)in paragraph (1),
			 as amended by subparagraph (A), by adding at the end the following: The
			 Secretary may waive the application of the preceding sentence in the case of an
			 individual who has participated in another demonstration project under this
			 title (including successful completion after transferring from one project to
			 another project as described in section 408(c)(2)) or an asset-building project
			 similar to the demonstration projects conducted under this title.;
			 and
				(C)by adding at the
			 end the following new paragraph:

						(2)Access for 1
				year after end of project
							(A)In
				generalThe Secretary shall ensure that an eligible individual is
				able to withdraw funds from an individual development account of the individual
				during the 1-year period following the end of the demonstration project with
				respect to which deposits were made into such account (whether such project
				ends by reason of expiration of the authority under section 406(a) of the
				qualified entity to conduct the demonstration project, termination of such
				authority under section 413 without transfer to another qualified entity, or
				otherwise).
							(B)Approval of
				withdrawalsDuring the period
				described in subparagraph (A), an eligible individual may only make a
				withdrawal if the withdrawal is approved in writing—
								(i)by
				a responsible official of the qualified entity; or
								(ii)by the Secretary, if the Secretary
				terminated the authority of the qualified entity to conduct the demonstration
				project under section 413 or the Secretary determines that the qualified entity
				is otherwise unable or unwilling to participate in the approval
				process.
								;
				and
				(5)by adding at the
			 end the following new subsection:

					(f)Unused funds in
				IDAIf funds remain in an
				individual development account after the end of the 1-year period described in
				subsection (d)(2)(A), such funds shall be disposed of as considered appropriate
				by the Secretary or a nonprofit entity (as such term is used in section
				404(7)(A)(i)) designated by the
				Secretary.
					.
			10.RegulationsSection 411 is amended—
			(1)in the heading, by
			 inserting ;
			 Regulations after Projects;
			(2)by striking
			 A qualified entity and inserting the following:

					(a)Local control
				over demonstration projectsA
				qualified entity
					;
				and
			(3)by adding at the
			 end the following new subsection:

					(b)RegulationsSubject to subsection (a), not later than
				180 days after the date of the enactment of the
				Stephanie Tubbs Jones Assets for Independence
				Reauthorization Act of 2013, the Secretary shall promulgate such
				regulations as the Secretary considers necessary to implement this title. The
				Secretary may provide that any such regulation takes effect on the date of
				promulgation, but the Secretary shall accept and consider public comments for
				60 days after such
				date.
					.
			11.Annual progress
			 reports
			(a)In
			 generalSection 412(b) is
			 amended by striking subsection (a) to and all that follows and
			 inserting subsection (a) to the Secretary..
			(b)Effective
			 dateThe amendment made by subsection (a) shall apply to reports
			 submitted on or after the date of the enactment of this Act.
			12.Sanctions
			(a)In
			 generalSection 413 is
			 amended—
				(1)by amending
			 subsection (b)(5) to read as follows:

						(5)if, by the end of the 90-day period
				beginning on the date of the termination, the Secretary has not found a
				qualified entity (or entities) described in paragraph (3), shall—
							(A)make every effort to identify, without
				conducting a competition (unless the Secretary determines that conducting a
				competition would be feasible and appropriate), another qualified entity (or
				entities), in the same or a different community, willing and able to conduct
				one or more demonstration projects under this title that may differ from the
				project being terminated;
							(B)in identifying a qualified entity (or
				entities) under subparagraph (A), give priority to qualified entities
				that—
								(i)are participating
				in demonstration projects conducted under this title;
								(ii)have waiting
				lists for participants in such demonstration projects; and
								(iii)can demonstrate
				the availability of non-Federal funds described in section 405(c)(4), in
				addition to any such funds committed to any demonstration projects being
				conducted by the qualified entity at the time the Secretary considers
				identifying the entity under subparagraph (A), to be committed to the
				demonstration project (or projects) described in subparagraph (A) as matching
				contributions; and
								(C)if the Secretary
				identifies a qualified entity (or entities) under subparagraph (A)—
								(i)transfer to the entity (or entities)
				control over the Reserve Fund established pursuant to section 407 with respect
				to the project being terminated; and
								(ii)authorize the
				entity (or entities) to use such Reserve Fund to conduct a demonstration
				project (or projects) in accordance with an application approved under
				subsection (e) or (h)(2) of section 405 and the requirements of this
				title.
								;
				and
				(2)by adding at the
			 end the following new subsection:

						(c)Focus on
				community of terminated projectIn identifying another qualified entity (or
				entities) under paragraph (3) or (5) of subsection (b), the Secretary shall, to
				the extent practicable, select a qualified entity (or entities) in the
				community served by the demonstration project being
				terminated.
						.
				(b)Effective
			 date
				(1)In
			 generalThe amendment made by subsection (a) shall apply to
			 terminations occurring on or after the date of the enactment of this
			 Act.
				(2)Discretionary
			 application to previous terminationsThe Secretary of Health and
			 Human Services may apply such amendment to terminations occurring within the
			 one-year period ending on the day before the date of the enactment of this Act.
			 In the case of such an application, any reference in such amendment to the date
			 of the termination is deemed a reference to such date of enactment.
				13.EvaluationsSection 414 is amended—
			(1)by amending
			 subsection (a) to read as follows:

					(a)In
				generalThe Secretary may
				enter into one or more contracts with one or more independent research
				organizations to evaluate the demonstration projects conducted under this
				title, individually and as a group, including all qualified entities
				participating in and sources providing funds for the demonstration projects
				conducted under this title. Such contract or contracts may also provide for the
				evaluation of other asset-building programs and policies targeted to low-income
				individuals.
					;
			(2)in subsection
			 (b)—
				(A)by striking
			 paragraph (3);
				(B)in paragraph (4),
			 by striking , and how such effects vary among different populations or
			 communities;
				(C)by striking
			 paragraphs (5) and (6); and
				(D)by redesignating
			 paragraphs (4) and (7) as paragraphs (3) and (4), respectively; and
				(3)in subsections (b)
			 and (c), by inserting (or organizations) after research
			 organization each place it appears.
			14.Costs of
			 training qualified entitiesThe Assets for Independence Act (42 U.S.C.
			 604 note) is amended—
			(1)by redesignating
			 section 416 as section 417; and
			(2)by inserting after
			 section 415 the following new section:

					416.Costs of
				training qualified entitiesIf
				the Secretary determines that a qualified entity conducting a demonstration
				project under this title should receive training in order to conduct the
				project in accordance with an application approved under subsection (e) or
				(h)(2) of section 405 or the requirements of this title, or to otherwise
				successfully conduct the project, the Secretary may use funds appropriated
				under section 418 to cover the necessary costs of such training, including the
				costs of travel, accommodations, and
				meals.
					.
			15.Waiver
			 authorityThe Assets for
			 Independence Act (42 U.S.C. 604 note) is amended—
			(1)by redesignating
			 section 417, as redesignated by section 14(1) of this Act, as section 418;
			 and
			(2)by inserting after
			 section 416 the following new section:

					417.Waiver
				authorityIn order to carry
				out the purposes of this title, the Secretary may waive any requirement of this
				title—
						(1)relating
				to—
							(A)the definition of
				a qualified entity;
							(B)the approval of a
				qualified entity to conduct a demonstration project under this title or to
				receive a grant under this title;
							(C)eligibility
				criteria for individuals to participate in a demonstration project under this
				title;
							(D)amounts or
				limitations with respect to—
								(i)the matching by a
				qualified entity of amounts deposited by an eligible individual in the
				individual development account of the individual;
								(ii)the amount of
				funds that may be granted to a qualified entity by the Secretary; or
								(iii)uses by a
				qualified entity of the funds granted to the qualified entity by the Secretary;
				or
								(E)the withdrawal of
				funds from an individual development account only for qualified expenses or as
				an emergency withdrawal; or
							(2)the waiver of
				which is necessary to—
							(A)permit the
				Secretary to enter into an agreement with the Commissioner of Social
				Security;
							(B)allow individuals
				to be placed on a waiting list to participate in a demonstration project under
				this title; or
							(C)allow
				demonstration projects under this title to be targeted to populations described
				in section 405(h)(3)(A) and to successfully recruit individuals from such
				populations for
				participation.
							.
			16.Authorization of
			 appropriationsSection 418, as
			 redesignated by section 15(1) of this Act, is amended by inserting after
			 2003 the following: and $75,000,000 for each of fiscal
			 years 2014, 2015, 2016, 2017, and 2018.
		17.Conforming
			 amendments
			(a)In
			 generalSection 414(e) is
			 amended by striking section 416 and inserting section
			 418.
			(b)Table of
			 contentsThe table of
			 contents in section 2 of the Community Opportunities, Accountability, and
			 Training and Educational Services Act of 1998 (Public Law 105–285) is amended
			 as follows:
				(1)By striking the
			 item relating to section 411 and inserting the following new item:

						Sec. 411. Local control over demonstration
				projects; Regulations.

				(2)By striking the
			 items relating to sections 415 and 416 and inserting the following new
			 items:

						Sec. 415. No reduction in
				benefits.
						Sec. 416. Costs of training qualified
				entities.
						Sec. 417. Waiver authority.
						Sec. 418. Authorization of
				appropriations.

				18.General
			 effective dateThe amendments
			 made by sections 4 through 9 of this Act shall apply to project years beginning
			 on or after the date of the enactment of this Act.


115 S3244 IS: Federal Employees Sustainable Investment Act
U.S. Senate
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.

II115th CONGRESS2d SessionS. 3244IN THE SENATE OF THE UNITED STATESJuly 19, 2018Mr. Whitehouse introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo amend chapter 84 of title 5, United States Code, to provide for a corporate responsibility
			 investment option under the Thrift Savings Plan.

 1.Short titleThis Act may be cited as the Federal Employees Sustainable Investment Act. 2.FindingsCongress finds the following:
 (1)The Department of Labor has asserted that socially responsible investments meet the fiduciary standards set in the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).
 (2)Eighty-four percent of mutual fund investors would be more likely to invest in a fund if one of its principles was to invest in companies that engage in ethical business practices in terms of operations and reporting.
 (3)Seventy-one percent of investors agree that companies that operate with higher levels of integrity carry less investment risk, and 67 percent of investors believe that these companies deliver better investment returns.
 (4)The United States National Research Council has established that human activity is largely responsible for recent climate change and threatens significant harm to our Nation’s public health and welfare, security, agriculture and forestry, natural resources, infrastructure, and economy.
 (5)In 2012, $3,740,000,000,000 was invested in socially responsible funds in the United States. 3.Corporate Responsibility Stock Index Fund (a)DefinitionSection 8438(a) of title 5, United States Code, is amended—
 (1)by redesignating paragraphs (2) through (10) as paragraphs (3) through (11), respectively; (2)by inserting after paragraph (1) the following:

 (2)the term Corporate Responsibility Stock Index Fund means the fund established under subsection (b)(1)(G);; and (3)in paragraph (10), as redesignated by paragraph (1) of this subsection, by striking paragraph (8)(D) each place it appears and inserting paragraph (9)(D).
				(b)Establishment
 (1)In generalSection 8438(b)(1) of title 5, United States Code, is amended— (A)in subparagraph (E), by striking and at the end;
 (B)in subparagraph (F), by striking the period at the end and inserting ; and; and (C)by adding at the end the following:

 (G)a Corporate Responsibility Stock Index Fund as provided under paragraph (6).. (2)Fund requirementsSection 8438(b) of title 5, United States Code, is amended by adding at the end the following:

 (6)(A)(i)The Board shall select a minimum of one index which is a commonly recognized, passively managed index comprised of stocks (from the United States or international equity markets) that have been analyzed and selected based on criteria consistent with the purposes of this paragraph.
 (ii)The criteria under clause (i) shall at a minimum include— (I)corporate governance;
 (II)environmental practices (including greenhouse gas emissions and contribution to climate change); (III)workplace relations and benefits;
 (IV)product safety and impact; (V)international operations and human rights;
 (VI)involvement with repressive regimes; and (VII)community relations.
 (iii)The historical performance of each index selected under this subparagraph shall be comparable to that of the other investment funds and options available under this subsection.
 (B)The Corporate Responsibility Stock Index Fund shall be invested in a portfolio designed to replicate the performance of the index in subparagraph (A) (or, if more than one index is selected, the overall average performance). The portfolio shall be designed such that, to the extent practicable, the percentage of the Corporate Responsibility Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in such index (or indexes)..


		IV
		112th CONGRESS
		2d Session
		H. RES. 529
		IN THE HOUSE OF REPRESENTATIVES

			January 25, 2012
			Mr. Rohrabacher (for
			 himself, Mr. Gohmert, and
			 Mr. King of Iowa) submitted the
			 following resolution; which was referred to the
			 Committee on Armed
			 Services

		RESOLUTION
		Expressing the sense of the House of
		  Representatives that the United States should not consider releasing Taliban
		  prisoners, Abdul Haq Wasiq, Mullah Norullah Noori, Mullah Mohammed Fazl, and
		  Mullah Khairullah Khairkhwa, from prison in Guantanamo Bay, Cuba, until Mullah
		  Muhammed Omar has been turned over to United States custody.

		Whereas Mullah Muhammed Omar has led the Taliban, enabled
			 by safe havens provided by the Government of Pakistan, in war against the
			 United States since 2001;
		Whereas the Taliban in 1994, led by Mullah Omar, captured
			 Kandahar;
		Whereas the Taliban in 1996, led by Mullah Omar, captured
			 Kabul;
		Whereas Mullah Omar led the Taliban’s rule of Afghanistan
			 from 1996 to 2001;
		Whereas Mullah Omar imposed a barbaric, Islamist,
			 anti-Western, and misogynistic rule on Afghanistan;
		Whereas Mullah Omar supported Osama Bin Laden and al Qaeda
			 in their efforts to launch expeditionary terror attacks, including the 9/11
			 attacks on the United States;
		Whereas Mullah Omar led the regrouping of the Taliban
			 after 2001;
		Whereas Richard Holbrooke, the former
			 Special Envoy for Afghanistan and Pakistan, was quoted in February 2011 saying,
			 I think Mullah Omar is incredibly important, the more I look at this
			 thing, the more I think he is a driving, inspirational force whose capture or
			 elimination would have a material effect … I don’t think we can negotiate with
			 Mullah Omar … That’s why I think eliminating Mullah Omar is so critical … With
			 Mullah Omar, the Pakistanis are in a better position to control the Taliban …
			 He’s such a pivot person. If you have him, if you hold him, you control the
			 whole organization.;
		Whereas Mullah Omar has used sanctuaries provided by the
			 Government of Pakistan to launch attacks which have wounded and killed
			 thousands of United States, Coalition, and Afghan soldiers as well as a large
			 number of Afghan noncombatants;
		Whereas Mullah Omar has led the Taliban in a brutal
			 insurgency which has targeted civilians and disregarded all limits of decency
			 or morality;
		Whereas Mullah Omar has murdered those like Burhanuddin
			 Rabbani who in seeking peace reached out to Mullah Omar and who were brutally
			 murdered;
		Whereas the Taliban, under the heading the
			 Islamic Emirate of Afghanistan, recently threatened Members of Congress who had
			 met with Afghan leaders in Berlin about establishing a federal system to bring
			 democratic government closer to the people, declaring any person paving
			 the way for the disintegration of Afghanistan under the title of a federal
			 system will be treated as enemies;
		Whereas the Taliban, under the heading the Islamic Emirate
			 of Afghanistan, continue to speak as the rulers of the entire country who will
			 not compromise that dominance, in a recent statement declared they have
			 inflicted ignominious defeat on the United States;
		Whereas the strategic interests of Pakistan and its
			 Chinese ally have diverged from the objectives of the United States in
			 Afghanistan, the United States needs to shift its alignment towards India and
			 other regional actors whose aims are compatible with United States security
			 concerns; and
		Whereas the conflict in Afghanistan pits the Taliban and
			 their Pakistani handlers against Afghans of every ethnic group, in order to
			 bring peace the Taliban must negotiate with the National Front and other tribal
			 and ethnic groups within Afghanistan, not the United States Department of
			 State: Now, therefore, be it

		That it is the sense of the House of
			 Representatives that President Barack Obama and the United States Department of
			 State should not consider releasing Taliban prisoners, Abdul Haq Wasiq, Mullah
			 Norullah Noori, Mullah Mohammed Fazl, and Mullah Khairullah Khairkhwa, from
			 prison in Guantanamo Bay, Cuba, until Mullah Muhammed Omar has been turned over
			 to United States custody.


		III
		112th CONGRESS
		1st Session
		S. RES. 250
		IN THE SENATE OF THE UNITED STATES

			August 2, 2011
			Mr. Kirk submitted the
			 following resolution; which was referred to the
			 Committee on the
			 Judiciary

		RESOLUTION
		Expressing the sense of the Senate that the
		  memorial park on Hero Street USA, in Silvis, Illinois, should be recognized as
		  Hero Street Memorial Park and should continue to be supported as a park by the
		  Town of Silvis at no cost to United States taxpayers.

		Whereas in the small town of Silvis, Illinois, there is a
			 street that is only one and a half blocks long;
		Whereas formerly known as Second Street, today it is
			 officially known as Hero Street USA;
		Whereas from this short street, brave men and women of
			 Hispanic ancestry have served in the United States Armed Forces;
		Whereas today, young men and women from Hero Street USA,
			 valiantly join the United States Armed Forces to defend the Nation;
		Whereas the memorial on Hero Street USA is located near
			 the intersection of Highway 84 and 2nd Street;
		Whereas on the east side of Hero Street USA, the memorial
			 will honor the personal sacrifice of eight young men from Hero Street USA, who
			 were killed in defense of the United States, including six during World War II,
			 PFC Joseph H. Sandoval, PFC Frank H. Sandoval, PFC William L. Sandoval, Sgt.
			 Tony Lopez Pompa, SSG Claro Soliz, and PFC Peter Perez Masias, and two men
			 during the Korean War, PFC John S. Munos and PFC Joseph Gomez;
		Whereas the memorial will pay fitting tribute to these
			 gallant eight men who made the ultimate and selfless sacrifice in the defense
			 of liberty, not only for their loved ones and their country, but for people
			 everywhere around the world who hope to breathe free;
		Whereas these eight men gave their lives so that those of
			 us that gather here at this memorial park can do so free to speak and
			 think;
		Whereas additionally, these men died so that those who
			 follow in their footsteps can be secure in the knowledge that the United States
			 Constitution which they swore to uphold and defend stands firm;
		Whereas the Hero Street Memorial Park symbolizes the
			 devotion to duty and personal sacrifice in the cause of liberty and freedom
			 these eight men displayed that was instrumental in the triumph of the United
			 States and its allies during World War II and the Korean War; and
		Whereas the citizens of the United States have a
			 continuing obligation to educate future generations about this small street in
			 Silvis, Illinois, whose sons and daughters have given so much in the defense of
			 liberty of the United States: Now, therefore, be it

		That it is the sense of the Senate that the
			 memorial park on Hero Street USA, in Silvis, Illinois, should be recognized as
			 Hero Street Memorial Park and should continue to be supported as a park by the
			 Town of Silvis at no cost to United States taxpayers.


		I
		112th CONGRESS
		1st Session
		H. R. 2539
		IN THE HOUSE OF REPRESENTATIVES

			July 14, 2011
			Ms. Fudge introduced
			 the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To establish a competitive grant program for youth summer
		  job placement.

		1.Short titleThis Act may be cited as the
			 National Youth Summer Jobs Act of
			 2011.
		2.Grants for summer
			 jobs for out-of-school youth programs
			(a)In
			 generalThe Secretary of
			 Labor, subject to the availability of appropriations, shall award competitive
			 grants to eligible entities for the purpose of providing job placement during
			 the summer for out-of-school youths.
			(b)Eligible
			 entityFor purposes of this
			 section, an eligible entity shall—
				(1)be a unit of
			 general local government; and
				(2)submit to the Secretary an application at
			 such time, in such manner, and containing such information as the Secretary may
			 require.
				(c)Use of
			 funds
				(1)In
			 generalAmounts received as a grant under this section shall be
			 used for providing summer employment for out-of-school youths that includes
			 employment and job readiness activities, as determined by the Secretary,
			 including work experiences and job placement.
				(2)Use of existing
			 programsAn eligible entity
			 that operates an existing youth summer jobs program may use a grant received
			 under this section to expand such program, in lieu of establishing a new
			 program to provide job placement for youths, by providing under such program
			 job training and support services, including health and nutrition referral,
			 housing referral, financial literacy, and instruction on basic daily living
			 skills.
				(d)Preference
				(1)In
			 generalIn awarding grants under this section, the Secretary
			 shall give preference to an eligible entity in a community where, for the
			 period between 2002 and 2007, at least one of the following rates was higher
			 than the national average:
					(A)High school
			 dropout rate.
					(B)Poverty
			 rate.
					(C)Juvenile offender
			 rate.
					(D)Unemployment rate.
					(E)Industry-depletion
			 rate.
					(2)Additional
			 preferenceIn awarding grants
			 under this section, the Secretary shall give additional preference to an
			 eligible entity that operates in a community where, for the period between 2002
			 and 2007, each rate listed under paragraph (1) was higher than the national
			 average of each such rate.
				(e)Grant
			 terms
				(1)DurationA
			 grant awarded under this section shall be for a term of not less than 5
			 years.
				(2)Grant
			 amountThe Secretary shall
			 determine the amount of funds in a grant under this section.
				(3)Limitation on
			 number of grantsA grant recipient under this section shall not
			 have more than 1 grant under this section at anytime. Once a grant term ends,
			 the recipient of such grant may re-apply for a grant under this section.
				(4)Return of
			 unobligated grant fundsNot later than 30 days after the date on
			 which a grant term ends, the eligible entity who received such grant shall
			 return any unspent grant funds to the Secretary.
				(f)Reports
				(1)Eligible
			 entityNot later than
			 September 30 of each fiscal year for which an eligible entity receives a grant
			 under this section, such entity shall submit to the Secretary a report
			 describing the grant-funded program conducted by such entity. The report shall
			 include an assessment of how such program improved the employability skills of
			 out-of-school youths.
				(2)SecretaryNot later than August 1 of each fiscal year
			 for which a grant is awarded under this section, the Secretary shall submit a
			 report to Congress on the effectiveness of each grant-funded program. Such
			 report shall include an assessment of the effectiveness of such program to
			 improve General Education Development attainment and job placement of
			 out-of-school youths participating in such program.
				(g)DefinitionsIn
			 this section:
				(1)Eligible
			 youthThe term eligible
			 youth means an individual who has attained age 14 but not age 22.
				(2)Out-of-school
			 youthThe term
			 out-of-school youth means—
					(A)an eligible youth who is enrolled in a
			 public or private secondary school; or
					(B)an eligible youth
			 who has received a secondary school diploma or its equivalent but is
			 basic-skills deficient, unemployed, or underemployed.
					(3)SecretaryThe
			 term Secretary means the Secretary of Labor.
				(4)Unit of general
			 local governmentThe term unit of general local
			 government has the meaning given the term in section 101 of the
			 Workforce Investment Act of 1998 (29 U.S.C. 2801).
				(h)Authorization of
			 AppropriationsFor grants
			 under this section, there are authorized to be appropriated to the Secretary
			 the following amounts:
				(1)$20,000,000 for
			 fiscal year 2012.
				(2)$30,000,000 for
			 fiscal year 2013.
				(3)$40,000,000 for
			 fiscal year 2014.
				(4)$50,000,000 for fiscal year 2015.
				(5)$60,000,000 for
			 fiscal year 2016.
				(6)$60,000,000 for
			 fiscal year 2017.