		I
		111th CONGRESS
		2d Session
		H. R. 6025
		IN THE HOUSE OF REPRESENTATIVES

			July 30, 2010
			Ms. DeLauro (for
			 herself, Mr. Ryan of Ohio,
			 Mr. Manzullo,
			 Mr. Perriello,
			 Ms. Sutton, and
			 Mr. Carnahan) 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
		  manufacturing businesses to establish tax-free manufacturing reinvestment
		  accounts to assist them in providing for new equipment and facilities and
		  workforce training.

		1.Short titleThis Act may be cited as the
			 Manufacturing Reinvestment Account Act
			 of 2010.
		2.Manufacturing
			 reinvestment accounts
			(a)In
			 generalPart VI of subchapter
			 B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized
			 deductions for individuals and corporations) is amended by inserting after
			 section 199 the following new section:

					199A.Manufacturing
				reinvestment accounts
						(a)Deduction
				allowedIn the case of a
				taxpayer engaged in a manufacturing business, there shall be allowed as a
				deduction for the taxable year the amount paid in cash by the taxpayer during
				the taxable year to a manufacturing reinvestment account (hereinafter referred
				to as an MRA) for the taxpayer’s benefit.
						(b)Limitation
							(1)In
				generalThe amount which a taxpayer may pay into an MRA for the
				taxable year shall not exceed the lesser of—
								(A)the domestic
				manufacturing gross receipts of the taxpayer for the taxable year, or
								(B)$250,000.
								(2)Controlled
				groups
								(A)In
				generalFor purposes of this
				subsection, all persons treated as a single employer under subsection (a) or
				(b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a
				single manufacturer.
								(B)Inclusion of
				foreign corporationsFor purposes of subparagraph (A), in
				applying subsections (a) and (b) of section 52 to this section, section 1563
				shall be applied without regard to subsection (b)(2)(C) thereof.
								(c)MRAFor purposes of this section, the term
				MRA means a trust created or organized in the United States for
				the exclusive benefit of the taxpayer, but only if the written governing
				instrument creating the trust meets the following requirements:
							(1)No contribution
				will be accepted for any taxable year unless it is in cash.
							(2)Contributions will
				not be accepted for any taxable year in excess of the amount allowed as a
				deduction under subsection (a) for such year.
							(3)The trustee is an
				eligible institution.
							(4)No part of the trust assets will be
				invested in life insurance contracts.
							(5)No part of the
				trust assets will be invested in any collectible (as defined in section
				408(m)).
							(6)The assets of the
				trust will not be commingled with other property except in a common trust fund
				or common investment fund.
							(d)Tax treatment of
				accounts
							(1)In
				generalAn MRA is exempt from
				taxation under this subtitle unless the account has ceased to be an MRA.
				Notwithstanding the preceding sentence, an MRA is subject to the taxes imposed
				by section 511 (relating to imposition of tax on unrelated business income of
				charitable, etc. organizations).
							(2)Account
				terminationsRules similar to the rules of paragraphs (2) and (4)
				of section 408(e) shall apply to MRAs, and any amount treated as distributed
				under such rules shall be treated as not used to pay qualified reinvestment
				expenses.
							(e)Treatment of
				distributions
							(1)In
				generalExcept as provided in paragraphs (3) and (4), there shall
				be includible in the gross income of the taxpayer for any taxable year—
								(A)any amount
				distributed from an MRA of the taxpayer during such taxable year, and
								(B)any deemed
				distribution under—
									(i)subsection (g)(1)
				(relating to deposits not distributed within 5 years),
									(ii)subsection (g)(2)
				(relating to cessation in manufacturing business), and
									(iii)subparagraph (A)
				or (B) of subsection (g)(3) (relating to prohibited transactions and pledging
				account as security).
									(2)Additional
				tax
								(A)In
				generalThe tax imposed by this chapter on the taxpayer for any
				taxable year in which there is a distribution from an MRA shall be increased by
				10 percent of the amount of such distribution which is includible in gross
				income.
								(B)ExceptionSubparagraph (A) shall not apply to
				distributions during the taxable year to the extent necessary, under
				regulations prescribed by the Secretary, to avoid bankruptcy.
								(3)Reduced
				inclusion for amounts reinvestedOnly 43 percent of the aggregate
				amount distributed from an MRA during the taxable year shall be includible in
				income under paragraph (1)(A) to the extent that such aggregate amount does not
				exceed the aggregate amount of qualified reinvestment expenses paid or incurred
				by the taxpayer during such year.
							(4)Distribution of
				excess contributionsParagraph (1) shall not apply to the
				distribution of any contribution paid during a taxable year to an MRA to the
				extent that such contribution exceeds the limitation applicable under
				subsection (b) if requirements similar to the requirements of section 408(d)(4)
				are met.
							(f)DefinitionsFor
				purposes of this section—
							(1)Manufacturing
				businessThe term manufacturing business means any
				trade or business having domestic manufacturing gross receipts.
							(2)Domestic
				manufacturing gross receiptsThe term domestic manufacturing gross
				receipts means gross receipts of the taxpayer which are derived from any
				lease, rental, license, sale, exchange, or other disposition of tangible
				personal property which was manufactured by the taxpayer in whole or in
				significant part within the United States. Rules similar to the rules of
				section 199 shall apply in determining the gross receipts of the taxpayer for
				purposes of the preceding sentence.
							(3)Qualified
				reinvestment expensesThe term qualified reinvestment
				expenses means—
								(A)expenses for property to be used by the
				taxpayer in a manufacturing business, and
								(B)expenses for job training and workforce
				development for employees of the taxpayer.
								(4)Eligible
				institution
								(A)In
				generalThe term
				eligible institution means—
									(i)any insured
				depository institution, which—
										(I)is not controlled
				by a bank holding company or savings and loan holding company that is also an
				eligible institution,
										(II)has total assets
				of equal to or less than $25,000,000,000, as reported in the call report as of
				the end of the fourth quarter of calendar year 2009, and
										(III)is not directly
				or indirectly controlled by any company or other entity that has total
				consolidated assets of more than $25,000,000,000, as so reported;
										(ii)any bank holding
				company which has total consolidated assets of equal to or less than
				$25,000,000,000;
									(iii)any savings and
				loan holding company which has total consolidated assets of equal to or less
				than $25,000,000,000;
									(iv)any community
				development financial institution loan fund which has total assets of equal to
				or less than $25,000,000,000; and
									(v)any small business
				lending company that has total assets of equal to or less than
				$25,000,000,000.
									(B)Insured
				depository institutionThe
				term insured depository institution has the meaning given such
				term under section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C.
				1813(c)(2)).
								(C)Bank holding
				companyThe term bank
				holding company has the meaning given such term under section 2(a)(1) of
				the Bank Holding Company Act of 1956 (12 U.S.C. 1841(2)(a)(1)).
								(D)Call
				reportThe term call
				report means—
									(i)reports of
				Condition and Income submitted to the Office of the Comptroller of the
				Currency, the Board of Governors of the Federal Reserve System, and the Federal
				Deposit Insurance Corporation;
									(ii)the Office of
				Thrift Supervision Thrift Financial Report;
									(iii)any report that
				is designated by the Office of the Comptroller of the Currency, the Board of
				Governors of the Federal Reserve System, the Federal Deposit Insurance
				Corporation, or the Office of Thrift Supervision, as applicable, as a successor
				to any report referred to in clause (i) or (ii);
									(iv)standard reports
				of Condition and Income submitted by Community Development Financial
				Institution loan funds to the Community Development Financial Institutions
				Fund; and
									(v)with respect to an
				eligible institution for which no report exists that is described under clause
				(i), (ii), or (iii), such other report or set of information as the Secretary,
				in consultation with the Administrator of the Small Business Administration,
				may prescribe.
									(g)Special
				rules
							(1)Tax on deposits
				in account which are not distributed within 5 years
								(A)In
				generalIf, at the close of
				any taxable year, there is a nonqualified balance in any MRA—
									(i)there shall be
				deemed distributed from the MRA during such taxable year an amount equal to
				such balance, and
									(ii)the taxpayer's
				tax imposed by this chapter for such taxable year shall be increased by 10
				percent of such deemed distribution.
									(B)Nonqualified
				balanceFor purposes of subparagraph (A), the term
				nonqualified balance means any balance in the MRA on the last day
				of the taxable year which is attributable to amounts deposited in such account
				before the 4th preceding taxable year.
								(C)Ordering
				ruleFor purposes of this paragraph, distributions from an MRA
				shall be treated as made from deposits (and income thereon) in the order in
				which such deposits were made, beginning with the earliest deposits.
								(2)Cessation of
				manufacturing businessIf the
				taxpayer ceases to be engaged in a manufacturing business, there shall be
				deemed distributed from the MRA of the taxpayer at the close of the first
				taxable year beginning after such cessation an amount equal to the balance in
				the MRA (if any) at such close.
							(3)Certain rules to
				applyRules similar to the following rules shall apply for
				purposes of this section:
								(A)Section 408(e)(2)
				(relating to loss of exemption of account where taxpayer engages in prohibited
				transaction).
								(B)Section 408(e)(4)
				(relating to effect of pledging account as security).
								(C)Section 408(h)
				(relating to custodial accounts).
								(4)Time when
				payments deemed madeFor purposes of this section, a taxpayer
				shall be deemed to have made a payment to an MRA on the last day of a taxable
				year if such payment is made on account of such taxable year and is made on or
				before the due date (without regard to extensions) for filing the return of tax
				for such taxable year.
							(5)Deduction not
				allowed for self-employment taxThe deduction allowable by reason
				of subsection (a) shall not be taken into account in determining an
				individual's net earnings from self-employment (within the meaning of section
				1402(a)) for purposes of chapter 2.
							(h)ReportsThe
				trustee of an MRA shall make such reports regarding such account to the
				Secretary and to the person for whose benefit the account is maintained with
				respect to contributions, distributions, and such other matters as the
				Secretary may require under regulations. The reports required by this
				subsection shall be filed at such time and in such manner and furnished to such
				persons at such time and in such manner as may be required by such
				regulations.
						(i)TerminationNo
				deduction shall be allowed under this section for any taxable year beginning
				more than 7 years after the date of the enactment of this
				section.
						.
			(b)Tax on excess
			 contributions
				(1)In
			 generalSubsection (a) of section 4973 of such Code (relating to
			 tax on excess contributions to certain tax-favored accounts and annuities) is
			 amended by striking or at the end of paragraph (4), by adding
			 or at the end of paragraph (5), and by inserting after paragraph
			 (5) the following new paragraph:

						(6)an MRA (within the meaning of section
				199A(c)),
						.
				(2)Excess
			 contribution definedSection 4973 of such Code is amended by
			 adding at the end the following new subsection:

						(h)Excess
				contributions to MRAsFor
				purposes of this section, in the case of MRAs (within the meaning of section
				199A(c)), the term excess contributions means the amount by which
				the amount contributed for the taxable year to the MRAs of the taxpayer exceeds
				the amount which may be contributed to such MRAs under section 199A(b) for such
				taxable year. For purposes of this subsection, any contribution which is
				distributed out of an MRA in a distribution to which section 199A(e)(3) applies
				shall be treated as an amount not
				contributed.
						.
				(c)Tax on
			 prohibited transactions
				(1)In
			 generalParagraph (1) of section 4975(e) of such Code is amended
			 by striking or at the end of subparagraph (F), by redesignating
			 subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F)
			 the following:

						(F)an MRA described in section 199A(c),
				or
						.
				(2)Special
			 ruleSubsection (c) of section 4975 of such Code (relating to tax
			 on prohibited transactions) is amended by adding at the end the
			 following:

						(7)Special rule for
				mrasA person for whose
				benefit an MRA (within the meaning of section 199A(c)) is established shall be
				exempt from the tax imposed by this section with respect to any transaction
				concerning such account (which would otherwise be taxable under this section)
				if, with respect to such transaction, the account ceases to be an MRA by reason
				of the application of section 199A(g)(3)(A) to such
				account.
						.
				(d)Failure To
			 provide reports on MRAsParagraph (2) of section 6693(a) of such
			 Code (relating to failure to provide reports on certain tax-favored accounts or
			 annuities) is amended by redesignating subparagraphs (A) through (E) as
			 subparagraphs (B) and (F), respectively, and by inserting before subparagraph
			 (B), as so redesignated, the following new subparagraph:

					(A)section 199A(h) (relating to
				MRAs),
					.
			(e)Clerical
			 amendmentThe table of sections for part VI of subchapter B of
			 chapter 1 of such Code is amended by inserting after the item relating to
			 section 199 the following new item:

					Sec. 199A. Manufacturing
				reinvestment accounts..

			(f)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.


114 HR 1112 IH: Reciprocal Access to Tibet Act of 2015
U.S. House of Representatives
2015-02-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 1112
IN THE HOUSE OF REPRESENTATIVES

February 26, 2015
Mr. McGovern (for himself, Mr. Pitts, Ms. Clark of Massachusetts, Ms. Tsongas, Mr. Ellison, and Mr. Marino) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To promote access for United States officials, journalists, and other citizens to Tibetan areas of the People’s Republic of China, and for other purposes.

1.Short titleThis Act may be cited as the Reciprocal Access to Tibet Act of 2015. 2.FindingsCongress finds the following:
(1)The Chinese Government does not grant United States officials, journalists, and other citizens access to the People’s Republic of China on a reciprocal basis to the access the United States Government grants Chinese officials, journalists, and citizens. (2)The Chinese Government imposes greater restrictions on travel to Tibetan areas than to other areas of the People’s Republic of China.
(3)Officials of the People’s Republic of China have stated that Tibet is open to foreign visitors. (4)The Chinese Government is promoting tourism in Tibetan areas, and has announced plans to make tourism a pillar industry for the region.
(5)The Chinese Government requires foreigners to obtain permission from the Tibet Foreign and Overseas Affairs Office or from the Tibet Tourism Bureau to enter the Tibet Autonomous Region, a restriction that is not imposed on travel to any other provincial-level jurisdiction in the People’s Republic of China. (6)The Department of State reports that the Tibet Foreign and Overseas Affairs Office denied more than 10 requests for United States diplomatic access to the Tibet Autonomous Region between May 2011 and December 2012, and that when such requests are granted, diplomatic personnel are closely supervised and given few opportunities to meet local residents not approved by authorities.
(7)The Chinese Government restricted United States consular access after an October 28, 2013, bus crash in the Tibet Autonomous Region, in which at least two Americans died and more than a dozen others, all from Walnut, California, were injured. (8)The Chinese Government has failed to respond positively to the United States Government’s request to open a consulate in Lhasa, Tibet Autonomous Region.
(9)The Department of State reports that the Chinese government regularly denies requests by American diplomats, foreign journalists, and observers to visit Tibetan areas, and that those permitted to visit are subject to highly structured, government-organized tours that limit independent, objective reporting. (10)The Department of State reports that foreign diplomats who were permitted to travel in Tibetan areas outside the Tibet Autonomous Region were repeatedly approached by local police and sometimes forced to leave without reasonable explanation.
(11)The Department of State reports that permission is not always granted to foreign tourists, and that when granted, Lhasa, Rikaze (Shigatse), and Shannan (Lhoka) are usually the only places in the Tibet Autonomous Region open to foreigners. (12)Foreign visitors also face restrictions in their ability to travel freely in Tibetan areas outside the Tibet Autonomous Region.
(13)Foreign visitors to Tibetan areas are explicitly limited to tours that are tightly managed by authorities. (14)Restrictions on journalists’ access to Tibetan areas conflict with government regulations, adopted in 2008, lifting requirements that foreign journalists get permission of local authorities to travel in the country and interview Chinese citizens.
(15)The United States Government generally allows journalists and other citizens of the People’s Republic of China to travel freely within the United States. The United States Government requires Chinese diplomats to notify the Department of State of their travel plans, and in certain situations, the United States Government requires Chinese diplomats to obtain approval from the Department of State before travel. However, where approval is required, it is almost always granted expeditiously. (16)The United States regularly grants visas to Chinese officials, scholars, and others who travel to the United States to discuss, promote and display the Chinese Government’s perspective on the situation in Tibetan areas, even as the Chinese Government restricts the ability of United States citizens to travel to Tibetan areas to gain their own perspective.
(17)Chinese diplomats based in the United States generally avail themselves of the freedom to travel to United States cities and lobby city councils, mayors, and governors to refrain from passing resolutions, issuing proclamations, or making statements of concern on Tibet. (18)The Chinese Government characterizes statements made by United States officials about the situation in Tibetan areas as inappropriate interference in the internal affairs of China.
3.DefinitionsIn this Act: (1)Tibetan areasThe term Tibetan areas includes—
(A)the Tibet Autonomous Region (TAR); and (B)the prefectures and counties of the provinces of Sichuan, Qinghai, Yunnan, and Gansu of the People’s Republic of China that the Chinese Government designates as Tibetan Autonomous areas.
(2)Senior leadership positionsThe term senior leadership positions means— (A)at the provincial level, the Governor, the Vice Governor, the Party Secretary, the Party Disciplinary Committee Secretary, the Party Politics and Law Committee Secretary, the Organization Department Director, the Chairman of the Standing Committee of the People’s Congress for the Autonomous Region or Province, the Chairman of the Autonomous Region or Provincial Committee of the People’s Political Consultative Conference, the head of the Tibetan Autonomous Region Communist Party Committee United Front Work Department, the head of the Tibetan Autonomous Region Communist Party Committee Political and Legal Commission, the heads of the Tibetan Autonomous Region Public Security and State Security Bureaus, the Commander of the People’s Armed Police, the head of the Foreign and Overseas Affairs Office, the Director of the Tibet Tourism Bureau in the Tibet Autonomous Region, and the Party Secretary and Mayor of Lhasa and the relevant provincial capitals;
(B)at the prefectural and county levels, the Party Secretary, the Deputy Party Secretaries, the prefecture and county heads and deputy heads, the Secretary General, and the Deputy Secretary General; (C)at the national level, the Director of the Communist Party Central Committee United Front Work Department, the Director of the State Ethnic Affairs Commission, the Director of the State Administration for Religious Affairs, the Director of the State Council Information Office, and the Director of the Foreign Affairs Office of the State Council Information Office;
(D)at the regional level, the Regional People’s Armed Police and Military Commanders with jurisdiction in Tibetan areas; and (E)any other individual determined by the Secretary of State to be personally and substantially involved in the formulation or execution of policies in Tibetan areas.
(3)Appropriate congressional committeesThe term appropriate congressional committees means— (A)the Committee on Foreign Affairs of the House of Representatives; and
(B)the Committee on Foreign Relations of the United States Senate. 4.Report to Congress (a)In generalNot later than 90 days after the date of the enactment of this Act and every 12 months thereafter, the Secretary of State shall submit to the appropriate congressional committees a report that provides—
(1)an assessment of the level of access Chinese authorities granted United States diplomats, journalists, and tourists to Tibetan areas in the People’s Republic of China, including a comparison with the level of access granted to other areas of the People’s Republic of China, a comparison between the levels of access granted to Tibetan and non-Tibetan areas in relevant provinces, and a description of the required permits and other measures that impede the freedom to travel in Tibetan areas; (2)a list of the persons in senior leadership positions in the Tibet Autonomous Region;
(3)a list of the persons in senior leadership positions in the provinces of Sichuan, Qinghai, Yunnan, and Gansu Provinces of the People’s Republic of China; (4)a list of the persons in senior leadership positions in Kardze (Ganzi) Tibetan Autonomous Prefecture, Ngawa (Aba) Tibetan and Qiang Tibetan Autonomous Prefecture, Muli (Mili) Autonomous County of Sichuan Province, Tsonub (Haixi) Mongol and Tibetan, Tsojang (Haibei) Tibetan, Malho (Huangnan) Tibetan, Yulshul (Yushu) Tibetan, and Golog (Guoluo) Tibetan Autonomous Prefectures of Qinghai Province, Dechen (Diqing) Tibetan Autonomous Prefecture of Yunnan Province, and the Kanlho (Gannan) Tibetan Autonomous Prefecture and Pari (Tianzhu) Tibetan Autonomous County of Gansu Province;
(5)a list of the persons in senior leadership positions at the national level as defined in section 3(2)(C); and (6)a list of the persons in senior leadership positions at the regional level as defined in section 3(2)(D).
(b)Public availabilityThe report required under subsection (a) shall be made available on the website of the Department of State. 5.Inadmissibility of certain aliens (a)Ineligibility for visasAn alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if such alien is on the list required by—
(1)subsection (a)(2) of section 4, and if the Secretary of State determines that the requirements for specific official permission for foreigners to travel to the Tibet Autonomous Region remain in effect, or that the current permission system has been replaced by a requirement that has the same effect of requiring foreign travelers to gain a level of permission to enter the Tibet Autonomous Region that is not required for travel to other province-level entities in the People’s Republic of China; (2)subsections (a)(3) and (a)(4) of section 4, and if the Secretary of State determines that restrictions on travel by United States officials, journalists, and citizens to areas designated as Tibetan autonomous in the provinces of Sichuan, Qinghai, Yunnan, and Gansu of the People’s Republic of China are greater than any restrictions on travel by United States officials, journalists, and citizens to areas in such provinces that are not so designated; or
(3)subsections (a)(5) and (a)(6) of section 4, and if the Secretary of State determines that the requirement for a specific permission to enter Tibet pertaining to travel by foreigners to the Tibet Autonomous Region remain in effect, or that the requirement has been replaced by a regulation that has the same effect of requiring foreign travelers to gain a level of permission to enter the Tibet Autonomous Region that is not required for travel to other province-level entities in the People’s Republic of China, and if the Secretary of State determines that restrictions on travel by United States officials and citizens to areas designated as Tibetan Autonomous in the provinces of Sichuan, Qinghai, Yunnan, and Gansu of the People’s Republic of China are greater than any restrictions on travel by United States officials and citizens to areas in such provinces that are not so designated. (b)Current visas revokedThe Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection (a).
(c)Waiver for national interests
(1)In generalThe Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if the Secretary determines that such a waiver— (A)is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or
(B)is in the national security interests of the United States. (2)NotificationUpon granting a waiver under paragraph (1), the Secretary of State shall submit to the appropriate congressional committees a document detailing the evidence and justification for the necessity of such waiver, including, if such waiver is granted pursuant to subparagraph (B) of such paragraph, how such waiver relates to the national security interests of the United States.
6.Visa policyIt is the sense of Congress that— (1)reciprocity forms the basis of diplomatic law and the practice of mutual exchanges between countries;
(2)a country should give equivalent consular access to the nationals of another country in a reciprocal manner to the consular access granted by such other country to its own citizens; and (3)the Secretary of State, when granting diplomats from the People’s Republic of China access to parts of the United States, should take into account the extent to which the Government of the People’s Republic of China grants United States diplomats access to parts of the People’s Republic of China, including the level of access afforded to such diplomats to Tibetan areas.


110 HR 6668 IH: Centennial Historic District Authorization Act of

U.S. House of Representatives
2008-07-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6668
		IN THE HOUSE OF REPRESENTATIVES

			July 30, 2008
			Mr. Fattah introduced
			 the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To establish the Centennial Historic District in
		  Philadelphia, Pennsylvania, and for other purposes.

		1.SHORT TITLEThis Act may be cited as the
			 Centennial Historic District Authorization Act of
			 2008.
		2.FindingsCongress finds the following:
			(1)The Centennial
			 Historic District in the Commonwealth of Pennsylvania was the site of an
			 international exhibition to celebrate the Centennial of the United States in
			 1876.
			(2)On
			 March 3, 1871, an Act of Congress created the United States Centennial
			 Commission and provided that an Exhibition of American and foreign arts,
			 products, and manufactures be held in Philadelphia in 1876.
			(3)Held only 11 years
			 after the end of the Civil War, the Centennial Exhibition was a both a national
			 celebration of unity and a recognition by the world community that the United
			 States was emerging as the leading nation in the world.
			(4)The Centennial
			 Exhibition displayed 60,000 exhibits from more than 28 countries around the
			 world in 240 buildings and hosted nearly 10 million visitors, estimated to be
			 nearly 25 percent of the population of the United States at the time. It was
			 the first World’s Fair to be held in the United States.
			(5)The Exhibition
			 became the center of cultural, technological, economic and geopolitical
			 development in the United States by demonstrating groundbreaking innovations,
			 including root beer, the telephone, kindergarten, the typewriter, the
			 phonograph, and the monorail.
			(6)More than 100
			 American companies who participated in the Centennial Exhibition are still in
			 business today, including Bausch and Lomb, John Deere, Campbell’s, Heinz, and
			 Wyeth.
			(7)The Centennial
			 Historic District is located in Fairmount Park, which is listed on the National
			 Register of Historic Places.
			(8)Memorial Hall, a
			 centerpiece of the Centennial celebration, is a National Historic Landmark and
			 is being renovated to join other cultural institutions as an anchor for the
			 Centennial Historic District.
			(9)The Centennial
			 Historic District will commemorate the historic significance of the Centennial
			 celebration in our Nation’s history.
			3.DefinitionsIn this Act:
			(1)Historic
			 districtThe term historic district means the
			 Centennial Historic District established by section 4.
			(2)Management
			 planThe term management plan means the management
			 plan described in section 5(b).
			(3)SecretaryThe
			 term Secretary means—
				(A)the Secretary of
			 the Interior; or
				(B)the head of any
			 Federal agency to which funds are appropriated to carry out this Act.
				4.Centennial
			 historic district
			(a)EstablishmentThere is established the Centennial
			 Historic District in the city of Philadelphia, Pennsylvania.
			(b)BoundariesThe boundaries of the historic district
			 shall be as depicted on the map titled Fairmount Park's Proposed
			 Centennial Authorization Boundary, numbered A, and dated December 2007.
			 The map shall be on file and available for public inspection in the appropriate
			 offices of the National Park Service.
			5.Administration of
			 centennial historic district
			(a)In
			 GeneralThe Secretary may make grants to, and enter into
			 cooperative agreements with, any State or local government agencies, any
			 nonprofit entities designated by the Secretary to operate the historic
			 district, or any leaseholders for—
				(1)the preparation of
			 the management plan; and
				(2)the implementation
			 of projects approved by the Secretary under the management plan.
				(b)Management
			 Plan
				(1)In
			 generalThe Secretary shall prepare a plan for the development of
			 historic, architectural, natural, cultural, recreational, and interpretive
			 resources within the historic district.
				(2)RequirementsThe
			 management plan shall include—
					(A)an evaluation
			 of—
						(i)the
			 condition of historic and architectural resources in the historic district;
			 and
						(ii)the
			 environmental conditions in the historic district; and
						(B)recommendations
			 for—
						(i)rehabilitating,
			 reconstructing, and adaptively reusing the historic and architectural resources
			 evaluated under subparagraph (A)(i);
						(ii)preserving
			 viewsheds, focal points, and streetscapes in the historic district;
						(iii)establishing
			 gateways to the historic district;
						(iv)establishing and
			 maintaining parks and public spaces in the historic district;
						(v)developing public
			 parking areas in the historic district;
						(vi)improving
			 pedestrian and vehicular circulation in the historic district; and
						(vii)improving
			 security in the historic district.
						(3)Restoration,
			 Maintenance, and Interpretation
					(A)Cooperative
			 AgreementsFor projects recommended in the management plan, the
			 Secretary may enter into cooperative agreements with the city of Philadelphia,
			 agents of the city, and designated partners to—
						(i)provide technical assistance with respect
			 to the preservation and interpretation of properties within the historic
			 district; and
						(ii)mark, improve, restore, and provide
			 interpretation of properties within the historic district.
						(B)ContentsA
			 cooperative agreement under subparagraph (A) shall ensure that—
						(i)the
			 Secretary has a right of access at reasonable times to public portions of the
			 historic district for interpretive and other purposes; and
						(ii)no
			 change or alteration shall be made in the property except with the agreement of
			 the property owner, the Secretary, and any Federal agency that may have
			 regulatory jurisdiction over the property.
						(c)Capital
			 Projects
				(1)In
			 generalThe Secretary shall,
			 to the extent funds are available, make grants for capital improvements in the
			 historic district.
				(2)ApplicationTo be eligible for a grant under this
			 subsection, an entity shall submit to the Secretary an application that
			 includes information concerning how the proposed capital project will improve
			 the historic district.
				(3)ConsiderationsIn
			 making grants under this subsection, the Secretary shall—
					(A)consider the cost
			 and benefit of the proposed capital project; and
					(B)give priority to
			 proposed capital projects—
						(i)providing gateways
			 to, and signage for, the historic district;
						(ii)improving
			 historical monuments in the historic district;
						(iii)maintaining
			 public parks and spaces in the historic district;
						(iv)establishing a
			 trail in the historic district;
						(v)maintaining and
			 improving the lake in the historic district;
						(vi)improving the
			 streetscape, including lighting, of the Girard Gateway;
						(vii)improving
			 pedestrian and vehicular traffic circulation and parking at the western end of
			 the Centennial Exhibition grounds; or
						(viii)restoring
			 Memorial Hall.
						(4)Matching
			 fundsTo be eligible for a
			 grant under this subsection, the recipient shall provide matching, non-Federal
			 funds in an amount equal to not less than 20 percent of the total amount of the
			 grant.
				6.Authorization of
			 appropriationsThere is
			 authorized to be appropriated to carry out this Act $45,000,000 for fiscal
			 years 2009 through 2013. Of the amount appropriated pursuant to this section,
			 the Secretary shall obligate not more than 12 percent for planning and
			 technical assistance.


117 HR 2790 IH: Long-Term Unemployment Elimination Act of 2021
U.S. House of Representatives
2021-04-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 2790IN THE HOUSE OF REPRESENTATIVESApril 22, 2021Mr. Levin of Michigan (for himself and Mr. Kilmer) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo establish jobs programs for long-term unemployed workers, and for other purposes.1.Short titleThis Act may be cited as the Long-Term Unemployment Elimination Act of 2021.2.PurposeThe purpose of this Act is to provide job opportunities for every long-term unemployed worker in the United States.3.DefinitionsIn this Act:(1)Career servicesThe term career services includes the services described in section 134(c)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)).(2)Covered areaThe term covered area means the local area in which a local board is carrying out a jobs program, or (in the circumstances described in section 4(d)) the local area in which a community-based organization is carrying out a jobs program, under this Act.(3)Eligible workerThe term eligible worker means an individual who—(A)is not less than 18 years old;(B)is authorized to be employed in the United States for purposes of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a);(C)has not been employed or a full-time student for a period of not less than 27 weeks (except as modified under section 5(e)); and(D)is currently seeking employment and has been seeking employment for a period of not less than 4 weeks (except as modified under section 5(e)).(4)Individual with a barrier to employmentThe term individual with a barrier to employment has the meaning given in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)), except that such term shall not include individuals who meet the terms of the definition in that section solely on the basis of their status as long-term unemployed individuals.(5)On-the-job trainingThe term on-the-job training has the meaning given the term in section 3(44) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(44)), except that subparagraph (B) of that section shall not apply.(6)Participating employerThe term participating employer means an employer—(A)that is—(i)a government agency;(ii)a nonprofit organization;(iii)operating as an employment social enterprise; or(iv)a business; and(B)includes—(i)an employer at the site of employment for an eligible worker in a program position; or(ii)a community-based organization that acts as an employer of record by—(I)assuming the roles and responsibilities assigned to employers described in clause (i) under this Act;(II)entering into an agreement with an employer described in clause (i) to set forth the terms and conditions for employment of an eligible worker in a program position in a jobs program in accordance with the provisions of this Act; and(III)acting as an intermediary between eligible workers and employers described in clause (i) to facilitate participation in the jobs program involved.(7)Payroll taxesThe term payroll taxes means taxes under section 3111, 3221, 3301, or 3321 of the Internal Revenue Code of 1986, and any similar State or local tax imposed on employers.(8)Pre-apprenticeshipThe term pre-apprenticeship, used with respect to a program, means a program that is designed to prepare individuals to enter and succeed in a registered apprenticeship program and is carried out by an entity that has a documented partnership with at least one sponsor of a registered apprenticeship program.(9)Program position(A)In generalThe term program position, used with respect to a jobs program—(i)means a position—(I)in a temporary job that is designed to lead to long-term employment; and(II)that is provided along with, as necessary, career services, supportive services, and training services to enable an individual to succeed in the job and obtain and retain long-term employment; and(ii)includes—(I)a position in a transitional job;(II)a position in a registered apprenticeship program; and(III)an approved national service position made available under section 129 of the National and Community Service Act of 1990 (42 U.S.C. 12581), including a position sponsored under subsection (i) of that section, subject to subparagraph (B).(B)Rule(i)Employers with certain program positionsA participating employer for an eligible worker (or an employer at the site of employment for an eligible worker) in a program position described in subparagraph (A)(ii)(III) shall be considered to be a service sponsor, as defined in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511).(ii)Eligible workers in certain program positionsIn parity with section 101(30) of the National and Community Service Act of 1990 (42 U.S.C. 12511(30)), an eligible worker in such a program position shall not be considered to be an employee of the participating employer (or of an employer at the site of employment for the eligible worker).(10)Recognized postsecondary credentialThe term recognized postsecondary credential means such a credential as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), if the provider of the program leading to the credential is identified under section 122(h) of such Act (29 U.S.C. 3152(h)).(11)Registered apprenticeship programThe term registered apprenticeship program means a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).(12)SecretaryThe term Secretary means the Secretary of Labor.(13)Transitional jobThe term transitional job means a job described in section 134(d)(5) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(d)(5)), without regard to the limitation described in that section on funding for such jobs.(14)WIOA termsThe terms adult education and literacy activities, career pathway, community-based organization, customized training, industry or sector partnership, in-demand industry sector or occupation, integrated education and training, local area, local board, one-stop operator, poverty line, State area, State board, supportive services, training services, and veteran have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).(15)Worker-owned enterprise(A)In generalThe term worker-owned enterprise means—(i)an eligible worker-owned cooperative, as defined in section 1042(c)(2) of the Internal Revenue Code of 1986; or(ii)an enterprise for which the majority of the voting stock is owned by workers employed by such enterprise.(B)Voting stockFor purposes of subparagraph (A)(ii), the share of the voting stock owned by workers shall include stock held by an employee stock ownership plan, as defined in section 4975(e)(7) of such Code.4.Jobs programs for long-term unemployed workers(a)In general(1)EstablishmentThe Secretary shall establish and administer a jobs initiative for eligible workers, consisting of jobs programs carried out through local boards.(2)PartnershipsA local board may enter into a partnership with one or more community-based organizations to submit an application and carry out a jobs program.(3)AgreementsIn administering the initiative, the Secretary shall enter into 4-year agreements with local boards, under which the Secretary shall provide payments to local boards. Such an agreement shall specify which functions described in this Act will be carried out by the local board, by the community-based organization, and by the partnership.(4)PaymentsThe Secretary shall make such a payment in an amount that equals the eligible costs incurred by the local board—(A)to provide wages and compensation for program positions for eligible workers under this section, minus any employer share of the eligible costs of providing the wages and compensation;(B)to provide career services, supportive services, and training services to eligible workers under this section; and(C)to administer the jobs program under this section.(b)Local board applicationTo be eligible to enter into an agreement under subsection (a), a local board shall submit an application to the Secretary at such time, in such manner, and containing a 4-year plan that includes such information as the Secretary may require, including—(1)the number of eligible workers that the local board proposes to serve under the jobs program involved and the estimated cost of serving that number of workers;(2)a plan for one-stop operators to identify the issues preventing each eligible worker served by the jobs program from securing employment, and to reduce the impact of those issues with career services, supportive services, and training services;(3)a description of how the local board will engage labor organizations, joint labor-management organizations, community-based organizations, community colleges, economic development agencies, and career and technical education programs as partners to provide training services to eligible workers, including any—(A)adult education and literacy activities, including activities of English language acquisition, and integrated education and training programs;(B)pre-apprenticeship and registered apprenticeship programs; and(C)career pathways;(4)a description of how the local board will support the creation and expansion of industry or sector partnerships and alignment of the jobs program with career pathways to improve outcomes for eligible workers in program positions;(5)proposed levels for the performance accountability measures described in subsection (c);(6)a description of the controls established by the local board to assure that the local board—(A)disburses funding to each participating employer for all eligible costs described in subsection (h) incurred under the jobs program, minus the employer share described in subsection (i);(B)oversees participating employers to ensure compliance with program rules and collection of accurate data for performance accountability measures described in subsection (c); and(C)requests accurate advance payment or reimbursement for the eligible costs described in subsection (h), minus any employer share described in subsection (i) of the eligible costs;(7)a description of how the local board will collaborate with the corresponding State board to implement the jobs program and align such program with the plan submitted by the corresponding State board under subtitle A of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.); (8)a description of how the local board will align the activities carried out under the grant with the activities carried out under—(A)the plans submitted by the local board under subtitle A of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.);(B)the employment and training program established by the corresponding State under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);(C)the corresponding State program for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);(D)the national service plan submitted by the corresponding State Commission on National and Community Service under section 178 of the National and Community Service Act of 1990 (42 U.S.C. 12638);(E)programs established under the Second Chance Act of 2007 (34 U.S.C. 60501 et seq.);(F)employment and community development programs carried out by the Secretary of Housing and Urban Development;(G)career and technical education programs authorized by the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.);(H)the continuum of care projects (relating to ending homelessness) carried out under applications submitted, by communities serving an area that is substantially similar to the covered area, under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.); (I)programs to support competitive integrated employment for individuals with disabilities, including programs of vocational rehabilitation services under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) and the Ticket to Work and Self-Sufficiency Program carried out under section 1148 of the Social Security Act (42 U.S.C. 1320b–19);(J)the program of employment services provided under the Wagner-Peyser Act (29 U.S.C. 49 et seq.); and (K)employment and training programs for veterans; and (9)assurances that—(A)prior to the placement of an eligible worker in a program position, the local board will consult with the appropriate local labor organization, if any, representing employees in the covered area who are engaged in the same or similar work as that proposed to be carried out by the eligible worker, to prevent the displacement and protect the rights of such employees; and(B)the local board will comply with the nondisplacement provisions of subsection (f) and the grievance procedures of subsection (g).(c)Performance accountability(1)In generalFor each local board, the performance accountability measures shall consist of the indicators described in paragraph (2) and the levels described in paragraph (3).(2)IndicatorsThe indicators for the performance accountability measures shall consist of—(A)the primary indicators of performance described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i));(B)the number of eligible workers placed in jobs created by the jobs program of the local board;(C)for households with an eligible worker who participated in the program, the average increase in income by the end of such participation; and(D)the percentage of program positions filled by eligible workers who were individuals with a barrier to employment.(3)Acceptable overall levels of performanceThe local board shall reach agreement with the Secretary, acting in consultation with the Secretary of Education, on acceptable overall levels of performance for each indicator described in paragraph (2) for each year covered by the application submitted under subsection (b). In reaching such agreements, the local board and the Secretaries shall take into account—(A)the purpose of this Act, as described in section 2, by seeking to provide job opportunities for as many eligible workers as possible; and(B)the factors described in section 116(b)(3)(A)(v) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(v)), except that references in that section to a State shall be considered to be references to a local area.(4)Reporting requirement(A)In generalThe local board shall provide information specifying the board's level of performance on the performance accountability measures specified in this subsection, including disaggregated data specified under subparagraph (B), as part of the local board performance reports established under section 116(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(d)).(B)Disaggregated dataEach such performance report shall include data specifying the board’s level of performance with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age.(d)Sanctions for failure To meet performance accountability measures or submit an application(1)Performance improvement plan and technical assistanceIf a local board fails to meet performance accountability measures specified in subsection (c)—(A)the local board shall develop a performance improvement plan; and(B)the Secretary and State board may provide technical assistance, including assistance in the development of the performance improvement plan.(2)Repeated failure to meet performance accountability measuresIf a local board fails to meet the performance accountability measures for at least 3 consecutive years, the Secretary may enter into an agreement with a community-based organization to carry out a jobs program serving the corresponding local area in place of the local board.(3)Failure to submit application(A)In generalIf a local board fails to submit an application under subsection (b) by the such date as the Secretary may require—(i)the Secretary shall notify the local board of the local board’s failure to submit such application; and(ii)the Secretary and State board may provide technical assistance to enable the local board to submit such application.(B)Failure to submit application for 1 year or longerIf a local board fails to submit an application under subsection (b) for 1 year or longer after the date described in subparagraph (A), the Secretary may enter into an agreement with a community-based organization to carry out a jobs program serving the corresponding local area in place of the local board. (4)Programs carried out by community-based organizations(A)ApplicationA community-based organization that seeks to carry out a jobs program in place of a local board as described in paragraph (2) or (3) shall submit an application to the Secretary.(B)SelectionThe Secretary shall select, on a competitive basis, community-based organizations to carry out jobs programs as described in paragraphs (2) and (3) for a local area. The Secretary shall select such organizations based on their ability to implement a jobs program that achieves the highest levels on the performance accountability measures, taking into account the factors described in section 116(b)(3)(A)(v) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(v)), except that references in that section to a State shall be considered to be references to a local area, and meets the other requirements specified in this Act.(C)RenewalAfter the initial selection under subparagraph (B), the Secretary shall, every 4 years, hold a new competition to select community-based organizations to carry out jobs programs for local areas. The local board for such an area may also submit an application in such competition.(D)ImplementationThis Act shall apply to a community-based organization selected under this paragraph as if the organization was the local board for the corresponding local area.(e)Participating employer(1)In generalParticipating employers shall be selected by a local board. An entity who seeks to be a participating employer shall enter into an agreement with the local board to act as a participating employer under this subsection.(2)Selection criteria(A)In generalTo select participating employers (including the renewal of such a selection), the local board shall take into account the considerations, and comply with the requirements, specified in subparagraphs (B) through (H).(B)Worker feedbackThe local board shall provide an opportunity for eligible workers to provide feedback on participating employers, and shall take this feedback into account when determining whether to renew the selection of an employer.(C)Labor organizations(i)In generalThe local board shall consider input from labor organizations and joint labor-management organizations to select participating employers.(ii)Collective bargaining agreementsFor a site of employment at which workers are covered by a collective bargaining agreement, the local board shall not place a program participant in a program position at the site without the consent of all labor organizations and joint labor-management organizations representing workers at such site. (D)Long-term employment prospectsThe local board shall consider whether the employer under consideration is proposing or providing an experience that will help eligible workers secure long-term employment after the program position ends, either with the participating employer or another employer.(E)Community impact and input(i)Community impact preferenceThe local board shall consider whether the employer is offering program positions in which the work to be performed is designed to have a positive impact on the communities in the covered area served through the jobs program, and shall develop criteria for that positive impact based on input from members of such communities.(ii)Community inputThe local board shall also provide an opportunity for such communities to provide input on how a participating employer should be selected and whether specific employers should be selected, and shall take this input into account when selecting a participating employer.(F)In-demand industry sector or occupationThe local board shall consider whether the employer is offering program positions that lead to employment in an in-demand industry sector or occupation.(G)Type of businessThe local board shall consider whether the employer is—(i)a worker-owned enterprise; or(ii)a small business concern owned and controlled by women, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by veterans, or a qualified HUBZone small business concern, as those 4 terms are defined in section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)).(H)Other factorsThe local board may consider other factors, besides the factors explicitly stated in this paragraph, that are relevant to achieving the performance accountability measures and other requirements specified in this Act.(3)Participating employer dutiesThe participating employer shall—(A)provide wages for each eligible worker in a program position at a rate that—(i)is not less than the greatest of the 3 rates described in subsection (h)(1)(B); (ii)is not less than the customary rate paid by the employer for the same or similar work performed by other employees who—(I)are not eligible workers in program positions;(II)are similarly situated in similar occupations by the same employer; and(III)have similar training, experience, and skills; and(iii)is in accordance with any applicable collective bargaining agreements at the site of employment; (B)provide benefits for each eligible worker in a program position—(i)at the same level as is provided to other employees who are not eligible workers in program positions; and(ii)in accordance with any applicable collective bargaining agreements at the site of employment; (C)ensure that the site of employment is a location where an eligible worker in a program position who is an individual with a disability, as defined in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705), interacts with other persons who are not such individuals with disabilities (not including supervisory personnel or individuals who are providing services to such worker) to the same extent as individuals who are not such individuals with disabilities and who are in comparable positions interact with other persons;(D)offer opportunities for advancement to eligible workers in program positions, as appropriate, that are similar to those for other employees who are not eligible workers in program positions; and(E)fulfill legal and administrative duties including payroll processing, tax withholding and documentation, making deductions for any applicable labor organization dues, and meeting liability requirements such as workers’ compensation requirements. (4)Payment to participating employer(A)Wages and compensationThe local board shall provide payment to the participating employer for all eligible costs described in subsection (h) for wages and compensation provided by the employer for eligible workers in program positions, minus the employer share described in subsection (i).(B)Employer-provided trainingThe local board may enter into an agreement with the participating employer under which the employer provides on-the-job training or customized training to eligible workers, and, subject to subsection (h)(3), the local board provides payment to reimburse the employer for the cost of providing the training described in the agreement.(f)Nondisplacement(1)Nondisplacement of existing employeesThe participating employer shall not place an eligible worker hired for a jobs program in a position under this Act if—(A)employing such individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employment benefits) of an existing employee (as of the date of the hiring) of the employer;(B)such individual will assume any of the duties or responsibilities of an employee who is on strike;(C)employing such individual infringes upon the promotional opportunities of an existing employee (as of the date of the hiring) of the employer; or(D)such individual will perform the same work or substantially the same work as that performed by any individual, employed by the employer at the site of employment, who—(i)has been laid off or partially displaced (as such term is described in subparagraph (A)); and(ii)has not been offered by to be restored to the position the employee had immediately prior to being laid off or partially displaced.(2)Prohibition on rotationThe participating employer may not make placements in a program position by constantly rotating new eligible workers into a permanent position temporarily, except in circumstances in which—(A)the employer reasonably intends to promote each such eligible worker to a different permanent position within the employer’s business at the end of that worker’s employment in the program position; or(B)the program position is part of an on-the-job training program that leads to a recognized postsecondary credential.(3)Nondisplacement of government employees or functions(A)Government agencyA participating employer that is a government agency may not place an eligible worker hired for a jobs program in an existing position (as of the date of the hiring) that is subject to civil service laws of a Federal, State, or local government.(B)Other participating employerA participating employer that is not a government agency may not use funds provided under this Act to provide services or carry out other functions that are customarily provided by a unit of State government or general local government.(4)Limitation on program positions for participating employer(A)In generalNo more than 10 percent of the employees of a participating employer may be in program positions funded under this Act, except as provided in any of subparagraphs (B) through (E).(B)MinimumA participating employer with fewer than 10 employees may employ 1 individual in a program position funded under this Act.(C)MaximumA participating employer with more than 1,000 employees may employ not more than 100 individuals in program positions funded under this Act, unless the employer obtains permission under subparagraph (D).(D)Permission(i)In generalA local board may grant permission for a participating employer to have a higher percentage or number of employees in program positions than is allowed under subparagraph (A) or (C)—(I)under the circumstance described in subclause (I) or (II) of clause (ii); or(II)under the circumstance described in clause (ii)(III), with the consent of all labor organizations and joint labor-management organizations representing workers at the site involved. (ii)CircumstancesThe circumstances described in this clause are any of the following:(I)A circumstance in which the most recent 3-month average of the unemployment rate in the covered area is not less than 8 percent.(II)A circumstance in which the employer is a worker-owned enterprise and worker-ownership is widely available to the employer’s employees, including eligible workers in program positions.(III)A circumstance in which a collective bargaining agreement covers eligible workers in program positions at a site of employment.(iii)Duration(I)In generalAn employer granted the permission described in clause (i) under the circumstance described in clause (ii)(I) may be granted such permission for a term of not more than 2 years, subject to subclause (II), regardless of whether the unemployment rate in the covered area falls below 8 percent during that 2-year period.(II)RenewalIf the permission is granted under a circumstance described in clause (ii)(I) and is scheduled to expire in 3 months or less, and if the most recent 3-month average of the unemployment rate in the covered area is not less than 8 percent, the local board may renew the permission for another term described in subclause (I).(E)Application to government agencyIf the employer is a Federal, State, or local agency, the limitations described in subparagraphs (A), (B), and (C) shall be applied separately to each unit within that agency.(F)ModificationThe requirements of this paragraph may be modified under section 5(e).(G)DefinitionFor purposes of this paragraph and subsection (g), the term participating employer shall not include a community-based organization that acts as an employer of record and (even if a community-based organization is so acting) shall include the employer at the site.(g)Grievance procedure(1)In generalThe local board shall establish and maintain a procedure for the filing and adjudication of grievances from participants, labor organizations, or joint labor-management organizations, and other interested individuals concerning participating employers, including grievances relating to proposed placements of eligible workers with such employers. (2)Deadline for grievancesExcept for a grievance that alleges fraud or criminal activity, a grievance shall be filed not later than 1 year after the date of the alleged occurrence of the event that is the subject of the grievance.(3)Deadline for hearing and decision(A)HearingA hearing on any grievance conducted under this subsection shall be conducted not later than 30 days after the filing of such grievance.(B)DecisionA decision on any such grievance shall be made not later than 60 days after the filing of such grievance.(4)Arbitration(A)In general(i)Jointly selected arbitratorIn the event of a decision on a grievance that is adverse to the party who filed the grievance, or 60 days after the filing of such grievance if no decision has been reached, such party shall be permitted to submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the interested parties.(ii)Appointed arbitratorIf the parties cannot agree on an arbitrator, the Secretary shall appoint an arbitrator from a list of qualified arbitrators within 15 days after receiving a request for such appointment from one of the parties to the grievance.(B)Deadline for proceedingAn arbitration proceeding shall be held not later than 45 days after the request for such arbitration proceeding, or, if the arbitrator is appointed by the Secretary in accordance with subparagraph (A)(ii), not later than 30 days after the appointment of such arbitrator.(C)Deadline for decisionA decision concerning a grievance shall be made not later than 30 days after the date such arbitration proceeding begins.(D)Cost(i)In generalExcept as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration.(ii)ExceptionIf a participant, labor organization, joint labor-management organization, or other interested individual described in paragraph (1) prevails under a binding arbitration proceeding, the other entity that is a party to such grievance shall pay the total cost of such proceeding and the attorneys’ fees of such participant, labor organization, or individual, as the case may be.(5)Proposed placementIf a grievance is filed regarding a proposed placement of an eligible worker with a participating employer, such placement shall not be made unless the placement is consistent with the resolution of the grievance pursuant to this subsection.(6)RemediesRemedies for a grievance filed under this subsection include—(A)suspension of payments for the participating employer;(B)termination of such payments;(C)prohibition of the placement described in paragraph (5);(D)in a case in which the grievance is filed by an individual eligible worker or program participant—(i)the eligible worker’s selection to be a program participant, or the program participant’s reinstatement, as the case may be; and(ii)other changes in the terms and conditions of employment applicable to the individual; and(E)in a case in which the grievance involves a violation of subsection (f) and the employer of the displaced employee is the participating employer—(i)reinstatement of the displaced employee to the position held by such employee prior to displacement;(ii)payment of lost wages and benefits of the displaced employee;(iii)reestablishment of other relevant terms, conditions, and privileges of employment of the displaced employee; and(iv)such equitable relief as is necessary to correct any violation of subsection (f) or to make the displaced employee whole.(7)EnforcementSuits to enforce awards under this subsection may be brought in any district court of the United States having jurisdiction of the parties, without regard to the amount in controversy and without regard to the citizenship of the parties.(8)Existing grievance proceduresNotwithstanding any other provision of this subsection, a grievance relating to a site of employment that is covered by a collective bargaining agreement that includes a grievance procedure that applies to such grievance shall be adjudicated under the terms of such grievance procedure and not this subsection. Nothing in this subsection shall be construed to limit the application of any grievance procedure included in a collective bargaining agreement. (h)Eligible costs(1)Wages and compensation(A)In generalSubject to paragraph (2), for purposes of this Act, the eligible costs of providing wages and compensation shall be the eligible costs of providing the wages described in subparagraph (B), and the compensation described in subparagraph (C), for eligible workers.(B)WagesThe eligible costs described in this subparagraph shall be the costs of providing wages at a rate that is the greatest of—(i)the applicable minimum wage rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) (not counting any rate authorized for employment under special certificates under section 14 of such Act (29 U.S.C. 214));(ii)the applicable State or local minimum wage rate; or(iii)a rate, calculated as an amount per hour, with the amount determined by dividing the poverty line for a family of 4 by 2,080.(C)CompensationThe eligible costs described in this subparagraph—(i)subject to clause (ii), shall be nonwage expenses that are directly related to compensation for eligible workers, including—(I)costs for employer payroll taxes;(II)costs for employee benefits;(III)costs to provide a national service education award for approved national service positions sponsored under section 129(i) of the National and Community Service Act of 1990 (42 U.S.C. 12581(i)); and(IV)costs of fulfilling the duties described in subsection (e)(3)(E); and(ii)for each eligible worker, shall not exceed 20 percent of the eligible costs of providing the wages described in subparagraph (B).(2)Limitation for duration of wages and compensation(A)In generalSubject to subparagraph (B), an eligible cost related to wages and compensation for a program position is an expense related to the first 12 months of the program position, subject to section 5(e).(B)ExtensionA local board may extend the 12-month period described in subparagraph (A) for not more than an additional 12 months, subject to section 5(e), to the extent that such extension is necessary to cover the period of a program position that is part of an on-the-job training program that leads to a recognized postsecondary credential.(3)Career services, supportive services, and training services(A)Aggregate limitThe eligible costs of providing, or facilitating the provision of, career services, supportive services, and training services to eligible workers shall, in total, not exceed 20 percent of the total eligible costs of providing the wages described in paragraph (1)(B) to those eligible workers.(B)Flexibility for individualsThe limit in subparagraph (A) shall apply to the eligible costs for the total amount of such career services, supportive services, and training services provided by a jobs program to all eligible workers, and shall not be construed to constitute a separate limit on the eligible costs for the career services, supportive services, and training services so provided to each eligible worker.(C)ModificationThe requirements of this paragraph may be modified under section 5(e).(4)Administration(A)Local boardsThe eligible costs incurred by a local board (and a State board, under subparagraph (B)) of administering a jobs program under this section shall not exceed 10 percent of the total eligible costs of providing the wages described in paragraph (1)(B) to all eligible workers served by the jobs program.(B)State boardsA State board may enter into an agreement with a local board to receive a portion of the amount made available under subparagraph (A) to carry out the responsibilities of the State board under subsection (k). (C) SecretaryOf the maximum amount that the Secretary may make available under subparagraph (A) with respect to a jobs program, the Secretary may reserve not more than 10 percent to administer the jobs program under this section.(5)ModificationThe requirements of paragraphs (2), (3), and (4) may be modified under section 5(e).(i)Employer share for wages and compensation(1)In general(A)BaselineExcept as provided in subparagraph (C), for a local board carrying out a jobs program in a covered area where the unemployment rate does not exceed 5 percent, the employer share of the eligible costs for wages and compensation shall be 33 percent.(B)Higher unemployment covered areasExcept as provided in subparagraph (C), for a local board carrying out a jobs program in a covered area where the unemployment rate exceeds 5 percent, the employer share of those costs shall be the percentage (not less than 0 percent) obtained by subtracting—(i)3.3 percentage points for every half of a percentage point by which the unemployment rate in the covered area exceeds 5 percent; from(ii)33 percent.(C)Second year for program positions leading to recognized postsecondary credentialsWith respect to an eligible worker who is in the second year of a program position that is part of an on-the-job training program, pre-apprenticeship program, or registered apprenticeship program, that leads to a recognized postsecondary credential, the employer share of the eligible costs of wages and compensation for the project shall be 50 percent. That employer share for such a worker shall remain 50 percent regardless of any change in the unemployment rate of the covered area.(2)RecalculationThe employer share under subparagraphs (A) and (B) of paragraph (1) shall be recalculated for the local board once per calendar quarter, using the unemployment rate from the calendar quarter in the 12-month period preceding the calculation with the highest average unemployment rate in the covered area.(3)ModificationThe requirements of this subsection may be modified under section 5(e).(j)Requirements for the Secretary of LaborThe Secretary shall—(1)oversee jobs programs funded under this Act to ensure that program requirements are being met, and verify that requests for Federal funding accurately reflect eligible costs;(2)perform random, periodic audits to determine compliance with this Act;(3)provide payments to local boards for the eligible costs described in subsection (h), minus any employer share of the eligible costs described in subsection (i);(4)evaluate the performance of jobs programs carried out under this section, which may include entering into agreements with other entities to conduct such evaluations;(5)establish a clearinghouse to identify and publicize best practices used by local boards carrying out such jobs programs this Act;(6)provide technical assistance to local boards, and to State boards that are providing assistance to local boards, carrying out such jobs programs under this Act;(7)conduct outreach to State boards, local boards, employers, and eligible workers to maximize opportunities for participation in jobs programs by eligible workers, in furtherance of the purpose of this Act as described in section 2, by providing job opportunities for as many eligible workers as possible; and(8)administer this Act in consultation with the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Attorney General, and the Secretary of Veterans Affairs.(k)Role of State boardsIn order to assist local boards in carrying out programs under this Act, a State board may—(1)work with local boards to develop statewide strategies to implement programs under this Act;(2)align programs carried out under this Act with the plan submitted by the State board under subtitle A of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.); (3)facilitate coordination of programs carried out under this Act with the activities carried out under—(A)the employment and training program established by the corresponding State under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);(B)the corresponding State program for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); (C)the national service plan submitted by the corresponding State Commission on National and Community Service under section 178 of the National and Community Service Act of 1990 (42 U.S.C. 12638); and(D)the corresponding State plan for career and technical education under part B of title I of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2341 et seq.); (4)assist local boards in the process of submitting applications under this Act; and(5)provide technical assistance to local boards and employers participating in programs under this Act.(l)Payment(1)Advance paymentThe Secretary may provide a payment under this Act, as described in subsection (a), for a quarter on the basis of an advance estimate of expenditures submitted by the local board and any other investigation the Secretary may find necessary.(2)Retrospective adjustmentThe Secretary may reduce or increase a payment referred to in paragraph (1) for a quarter as necessary to adjust for any overpayment or underpayment resulting from such a payment in a previous quarter.(3)ReimbursementThe Secretary may provide a reimbursement payment under this Act, as described in subsection (a), for a quarter on the basis of the actual expenditures of the local board, if payment has not already been made under this subsection for the same expenditure.(m)Mandatory fundingFor the purpose of carrying out this section, there is authorized to be appropriated and there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year.5.Grants for high-poverty areas and areas with chronically low employment rates(a)DefinitionsIn this section:(1)High-poverty areaThe term high-poverty area means an area in which the poverty rate, as determined by the Bureau of the Census, has been not less than 20 percent for a period of not less than 3 years.(2)Prime working-age employment-to-population rationThe term prime working-age employment-to-population ratio, used with respect to an area, means the ratio of the number of individuals age 25 through 54 in the area who are employed, to the number of individuals age 25 through 54 in the area.(b)EstablishmentThe Secretary shall award grants on a competitive basis to local boards (including community-based organizations, consistent with section 4(d)(4)(D)), that carry out jobs programs described in section 4, to provide for added costs related to carrying out the programs with modified standards specified in subsection (e), with the purpose of achieving economic development and job growth through the programs. The Secretary shall award the grants for periods of 4 years, and pay such grants as provided under section 4(l).(c)ApplicationTo be eligible to receive a grant under this section, a local board shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including—(1)a plan for the jobs program involved to achieve performance accountability measures described in section 4(c) through modified standards described in subsection (e), and sustain that achievement in the long term without permanent support from a grant awarded under this section;(2)information that demonstrates stakeholder engagement in the jobs program from the public and private sectors, especially major institutions such as institutions of higher education, hospitals, or other large employers and organizations, that are located in the covered area; and(3)a plan to ensure that residents of the covered area are part of the operation of and benefit from the results of the jobs program, which may include a plan to expand worker-owned enterprises, expand small local businesses, support start-up businesses owned by covered area residents, or give covered area residents a role in carrying out the jobs program.(d)PriorityIn selecting a local board to receive a grant under this section, the Secretary shall give priority to local boards proposing to serve—(1)high-poverty areas; or(2)areas for which the prime working-age employment-to-population ratio has been low, relative to that ratio for the United States, for a period of not less than 3 years.(e)Modification of certain standardsIn awarding a grant under this section to a local board, the Secretary is authorized to modify 1 or more of the following standards for the program carried out by the local board, if the Secretary determines that making such a modification can be reasonably expected to help the program achieve the performance accountability measures referred to in subsection (c)(1):(1)The periods of time specified in subparagraphs (C) and (D) of section 3(3).(2)The limitation on the percentage or number of employees in program positions with a single participating employer, as specified in section 4(f)(4).(3)The allowable duration of funding for wages and compensation as eligible costs, for a program position, as specified in section 4(h)(2).(4)The limitation on eligible costs for career services, supportive services, and training services, as specified in section 4(h)(3).(5)The limitation on eligible costs for administration, as specified in section 4(h)(4).(6)The employer share of eligible costs for wages and compensation, as specified in section 4(i).(f)EvaluationsThe Secretary shall—(1)evaluate the performance of jobs programs that receive funding under this section, which may include entering into agreements with other entities to conduct such evaluations; and(2)identify and publicize best practices used by local boards carrying out jobs programs that receive funding under this section, through the clearinghouse described in section 4(j)(5).(g)Authorization of appropriationsThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year.


115 HR 480 IH: Student Loan Opportunity Act of 2017
U.S. House of Representatives
2017-01-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 480IN THE HOUSE OF REPRESENTATIVESJanuary 12, 2017Mr. Flores introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to allow qualified scholarship funding corporations to
			 access tax-exempt financing for alternative private student loans.

 1.Short titleThis Act may be cited as the Student Loan Opportunity Act of 2017. 2.Qualified scholarship funding corporation tax-exempt financing for alternative private student loans (a)In generalSection 150(d)(2)(A) of the Internal Revenue Code of 1986 is amended—
 (1)by striking established and, (2)by striking incurred under the Higher Education Act of 1965, and
 (3)by inserting and performing student assistance related activities after student loan notes. (b)Student assistance related activitiesSection 150(d) of such Code is amended by adding at the end the following new paragraph:

 (4)Student assistance related activitiesFor purposes of this subsection, the term student assistance related activities includes maintaining loan documentation, handling communications with schools and borrowers, monitoring the student borrower’s location and continued enrollment, default prevention, offering borrower education and college access programs, borrower outreach and financial literacy training, disseminating information about student loan programs and higher education finance matters, and similar charitable and educational activities..
 (c)Requalification as qualified scholarship funding corporationSection 150(d) of such Code, as amended by subsection (b), is amended by adding at the end the following new paragraph:

 (5)Requalification as qualified scholarship funding corporationA corporation that meets the requirements of subparagraphs (A) and (B) of section 150(d)(2) shall not fail to be treated as a qualified scholarship funding corporation solely because such corporation ceased to be a corporation described in section 150(d)(2) after the date of the enactment of the Health Care and Education Reconciliation Act of 2010..
 (d)Effective dateThe amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.


		I
		111th CONGRESS
		2d Session
		H. R. 5508
		IN THE HOUSE OF REPRESENTATIVES

			June 10, 2010
			Mr. Heller introduced
			 the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To provide for the development of solar pilot project
		  areas on public land in Lincoln County, Nevada.

		1.Short titleThis Act may be cited as the
			 American Solar Energy Pilot Leasing
			 Act of 2010.
		2.DefinitionsIn this Act:
			(1)CountyThe
			 term County means Lincoln County, Nevada.
			(2)Federal
			 landThe term Federal land means any of the Federal
			 land in the State under the administrative jurisdiction of the Bureau of Land
			 Management that is identified as a solar development zone on the
			 maps.
			(3)FundThe
			 term Fund means the Renewable Energy Mitigation and Fish and
			 Wildlife Fund established by section 3(d)(5)(A).
			(4)MapThe
			 term map means each of—
				(A)the map entitled
			 Dry Lake Valley Solar Development Zone and dated May 25, 2010;
			 and
				(B)the map entitled
			 Delamar Valley Solar Development Zone and dated May 25,
			 2010.
				(5)SecretaryThe
			 term Secretary means the Secretary of the Interior, acting through
			 the Director of the Bureau of Land Management.
			(6)StateThe
			 term State means the State of Nevada.
			3.Development of
			 solar pilot project areas on public land in Lincoln County, Nevada
			(a)DesignationIn
			 accordance with sections 201 and 202 of the Federal Land Policy and Management
			 Act of 1976 (43 U.S.C. 1711, 1712) and subject to valid existing rights, the
			 Secretary shall designate the Federal land as a solar pilot project
			 area.
			(b)Applicable
			 lawThe designation of the solar pilot project area under
			 subsection (a) shall be subject to the requirements of—
				(1)this Act;
				(2)the Federal Land
			 Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
				(3)any other
			 applicable law (including regulations).
				(c)Solar lease
			 sales
				(1)In
			 generalThe Secretary shall conduct lease sales and issue leases
			 for commercial solar energy development on the Federal land, in accordance with
			 this subsection.
				(2)Deadline for
			 lease salesNot later than 60 days after the date of enactment of
			 this Act, the Secretary, after consulting with affected governments and other
			 stakeholders, shall conduct lease sales for the Federal land.
				(3)Easements,
			 special-use permits, and rights-of-wayExcept for the temporary
			 placement and operation of testing or data collection devices, as the Secretary
			 determines to be appropriate, and the rights-of-way granted under section
			 301(b)(1) of the Lincoln County Conservation, Recreation, and Development Act
			 of 2004 (Public Law 108–424; 118 Stat. 2413) and BLM Case File N–78803, no new
			 easements, special-use permits, or rights-of-way shall be allowed on the
			 Federal land during the period beginning on the date of enactment of this Act
			 and ending on the date of the issuance of a lease for the Federal land.
				(4)Diligent
			 development requirementsIn issuing a lease under this
			 subsection, the Secretary shall include work requirements and mandatory
			 milestones—
					(A)to ensure that
			 diligent development is carried out under the lease; and
					(B)to reduce
			 speculative behavior.
					(5)Land
			 managementThe Secretary
			 shall—
					(A)establish the
			 duration of leases issued under this subsection;
					(B)include provisions
			 in the lease requiring the holder of a lease granted under this
			 subsection—
						(i)to
			 furnish a reclamation bond or other form of security determined to be
			 appropriate by the Secretary;
						(ii)on
			 completion of the activities authorized by the lease—
							(I)to restore the
			 Federal land that is subject to the lease to the condition in which the Federal
			 land existed before the lease was granted; or
							(II)to conduct
			 mitigation activities if restoration of the land to the condition described in
			 subclause (I) is impracticable; and
							(iii)to
			 comply with such other requirements as the Secretary considers necessary to
			 protect the interests of the public and the United States; and
						(C)(i)establish best
			 management practices to ensure the sound, efficient, and environmentally
			 responsible development of solar resources on the Federal land in a manner that
			 would avoid, minimize, and mitigate actual and anticipated impacts to habitat
			 and ecosystem function resulting from the development; and
						(ii)include provisions in the lease
			 requiring renewable energy operators to comply with the practices established
			 under clause (i).
						(d)Royalties
				(1)In
			 generalThe Secretary shall establish royalties, fees, rentals,
			 bonuses, and any other payments the Secretary determines to be appropriate to
			 ensure a fair return to the United States for any lease issued under this
			 section.
				(2)RateAny
			 lease issued under this section shall require the payment of a royalty
			 established by the Secretary by regulation in an amount that is equal to a
			 percentage of the gross proceeds from the sale of electricity at a rate
			 that—
					(A)encourages
			 production of solar energy;
					(B)ensures a fair
			 return to the public comparable to the return that would be obtained on State
			 and private land; and
					(C)encourages the
			 maximum energy generation practicable using the least amount of land and other
			 natural resources, including water.
					(3)Royalty
			 reliefTo promote the maximum generation of renewable energy, the
			 Secretary may provide that no royalty or a reduced royalty is required under a
			 lease for a period not to exceed 5 years beginning on the date on which
			 generation is initially commenced on the Federal land subject to the
			 lease.
				(4)Disposition of
			 proceeds
					(A)In
			 generalOf the amounts collected as royalties, fees, rentals,
			 bonuses, or other payments under a lease issued under this section—
						(i)25
			 percent shall be paid by the Secretary of the Treasury to the State within the
			 boundaries of which the income is derived;
						(ii)25
			 percent shall be paid by the Secretary of the Treasury to the 1 or more
			 counties within the boundaries of which the income is derived;
						(iii)15
			 percent shall—
							(I)for the period
			 beginning on the date of enactment of this Act and ending on the date specified
			 in subclause (II), be deposited in the Treasury of the United States to help
			 facilitate the processing of renewable energy permits by the Bureau of Land
			 Management in the State, subject to subparagraph (B)(i)(I); and
							(II)beginning on the
			 date that is 10 years after the date of enactment of this Act, be deposited in
			 the Fund; and
							(iv)35
			 percent shall be deposited in the Fund.
						(B)Limitations
						(i)Renewable energy
			 permitsFor purposes of subclause (I) of subparagraph
			 (A)(iii)—
							(I)not more than
			 $10,000,000 shall be deposited in the Treasury at any 1 time under that
			 subclause; and
							(II)the following
			 shall be deposited in the Fund:
								(aa)Any
			 amounts collected under that subclause that are not obligated by the date
			 specified in subparagraph (A)(iii)(II).
								(bb)Any
			 amounts that exceed the $10,000,000 deposit limit under subclause (I).
								(ii)FundAny
			 amounts deposited in the Fund under clause (i)(II) or subparagraph (A)(iii)(II)
			 shall be in addition to amounts deposited in the Fund under subparagraph
			 (A)(iv).
						(5)Renewable energy
			 mitigation and fish and wildlife fund
					(A)EstablishmentThere
			 is established in the Treasury of the United States a fund, to be known as the
			 Renewable Energy Mitigation and Fish and Wildlife Fund, to be
			 administered by the Secretary, for use in the State.
					(B)Use of
			 fundsAmounts in the Fund shall be available to the Secretary,
			 who may make the amounts available to the State or other interested parties for
			 the purposes of—
						(i)mitigating impacts
			 of renewable energy on public land, with priority given to land affected by the
			 solar development zones designated under this Act, including—
							(I)protecting
			 wildlife corridors and other sensitive land; and
							(II)fish and wildlife
			 habitat restoration; and
							(ii)carrying out
			 activities authorized under the Land and Water
			 Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.) in the
			 State.
						(C)Availability of
			 amountsAmounts in the Fund shall be available for expenditure,
			 in accordance with this paragraph, without further appropriation, and without
			 fiscal year limitation.
					(D)Investment of
			 fund
						(i)In
			 generalAny amounts deposited in the Fund shall earn interest in
			 an amount determined by the Secretary of the Treasury on the basis of the
			 current average market yield on outstanding marketable obligations of the
			 United States of comparable maturities.
						(ii)UseAny
			 interest earned under clause (i) may be expended in accordance with this
			 paragraph.
						(e)Priority
			 development
				(1)In
			 generalWithin the County, the Secretary shall give highest
			 priority consideration to implementation of the solar lease sales provided for
			 under this Act.
				(2)EvaluationThe
			 Secretary shall evaluate other solar development proposals in the County not
			 provided for under this Act in consultation with the State, County, and other
			 interested stakeholders.