114 HR 3337 IH: National Infrastructure Development Bank Act of 2015
U.S. House of Representatives
2015-07-29
text/xml
EN
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		I
		114th CONGRESS
		1st Session
		H. R. 3337
		IN THE HOUSE OF REPRESENTATIVES

			July 29, 2015
			Ms. DeLauro (for herself, Mr. Brendan F. Boyle of Pennsylvania, Mrs. Capps, Mr. Carson of Indiana, Mr. Cartwright, Ms. Judy Chu of California, Mr. Cicilline, Ms. Clark of Massachusetts, Mr. Clay, Mr. Conyers, Ms. DelBene, Mr. DeSaulnier, Mr. Deutch, Ms. Duckworth, Mr. Ellison, Ms. Eshoo, Ms. Esty, Mr. Farr, Mr. Fattah, Mr. Garamendi, Mr. Al Green of Texas, Mr. Gene Green of Texas, Mr. Grijalva, Mr. Johnson of Georgia, Mr. Heck of Washington, Mr. Himes, Ms. Norton, Mr. Honda, Mr. Huffman, Mr. Israel, Ms. Kaptur, Mr. Keating, Ms. Kuster, Mr. Langevin, Mr. Larsen of Washington, Mr. Larson of Connecticut, Mrs. Lawrence, Ms. Lee, Mr. Lipinski, Ms. Lofgren, Mr. Lowenthal, Mrs. Lowey, Mr. Lynch, Ms. Matsui, Ms. McCollum, Mr. McGovern, Mr. Nolan, Ms. Pingree, Mr. Pocan, Mr. Price of North Carolina, Mr. Richmond, Mr. Ryan of Ohio, Mr. Schiff, Mr. Scott of Virginia, Mr. Serrano, Ms. Slaughter, Ms. Speier, Mr. Takano, Mr. Tonko, Mr. Van Hollen, Mr. Veasey, Mr. Walz, Mr. Welch, Mr. Yarmuth, Ms. Clarke of New York, Ms. Bonamici, Ms. Edwards, Mr. Courtney, Mr. Sarbanes, Mr. Aguilar, and Mr. Cárdenas) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Financial Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To facilitate efficient investments and financing of infrastructure projects and new job creation
			 through the establishment of a National Infrastructure Development Bank,
			 and for other purposes.

 1.Short titleThis Act may be cited as the National Infrastructure Development Bank Act of 2015. 2.FindingsCongress finds the following:
 (1)Investment in infrastructure has always created jobs and economic growth for the United States and has been a key component of maintaining a global competitive edge for the United States.
 (2)The Erie Canal, the transcontinental railroad, the Hoover Dam, rural electrification, and the interstate highway system are all examples of investments in infrastructure that created the conditions for future economic growth.
 (3)According to the World Economic Forum Global Competitiveness Report, the United States ranks 16th overall in infrastructure.
 (4)According to the American Society of Civil Engineers, the current condition of the infrastructure in the United States earns a grade point average of D+, and an estimated $3,600,000,000,000 investment is needed by 2020 to meet adequate conditions.
 (5)According to the National Surface Transportation Policy and Revenue Study Commission, $225,000,000,000 is needed annually from all sources for the next 50 years to upgrade our surface transportation system to a state of good repair and create a more advanced system.
 (6)The Environmental Protection Agency projects that— (A)$334,200,000,000 is needed to invest in infrastructure improvements over 20 years to ensure the provision of safe water; and
 (B)$298,100,000,000 is needed for publicly owned wastewater systems-related infrastructure needs over 20 years.
 (7)According to the Edison Electric Institute, the electric power industry will need to invest $298,000,000,000 in the Nation’s transmission system in the next 20 years in order to maintain reliable service.
 (8)According to the Organization for Economic Cooperation and Development (OECD), the United States ranks 7th among OECD nations in wireless broadband and 16th among fixed broadband access per 100 inhabitants.
 (9)Although grant programs of the Government must continue to play a central role in financing the transportation, environment, energy, and telecommunications infrastructure needs of the United States, current and foreseeable demands on existing Federal, State, and local funding for infrastructure expansion exceed the resources to support these programs by margins wide enough to prompt serious concerns about the United States ability to sustain long-term economic development, productivity, and international competitiveness.
 (10)The capital markets, including central banks, pension funds, financial institutions, sovereign wealth funds, and insurance companies, have a growing interest in infrastructure investment. The establishment of a United States Government-owned institution that would provide this investment opportunity to finance qualifying infrastructure projects would attract needed capital for United States infrastructure development.
 3.DefinitionsFor purposes of this Act, the following definitions apply unless the context requires otherwise: (1)American Infrastructure BondThe term American Infrastructure Bond means a bond described under section 17.
 (2)BankThe term Bank means the National Infrastructure Development Bank established under section 4(a). (3)BoardThe term Board means the National Infrastructure Development Bank Board.
 (4)Chief asset and liability management officerThe term chief asset and liability management officer means the chief individual responsible for coordinating the management of assets and liabilities of the Bank.
 (5)Chief compliance officerThe term chief compliance officer or CCO means the chief individual responsible for overseeing and managing the compliance and regulatory affairs issues of the Bank.
 (6)Chief executive officerThe term chief executive officer or CEO means the individual serving as the executive director of the bank. (7)Chief financial officerThe term chief financial officer or CFO means the chief individual responsible for managing the financial risks, planning, and reporting of the Bank.
 (8)Chief loan origination officerThe term chief loan origination officer means the chief individual responsible for the processing of new loans provided by the Bank. (9)Chief operations officerThe term chief operations officer or COO means the chief individual responsible for information technology and the day to day operations of the Bank.
 (10)Chief risk officerThe term chief risk officer or CRO means the chief individual responsible for managing operational and compliance-related risks of the Bank.
 (11)Chief treasury officerThe term chief treasury officer means the chief individual responsible for managing the Bank’s treasury operations. (12)DevelopmentThe terms development and develop mean, with respect to an infrastructure project, any—
 (A)preconstruction planning, feasibility review, permitting, design work, life-cycle maintenance planning, and other preconstruction activities; and
 (B)construction, reconstruction, rehabilitation, replacement, or expansion. (13)Direct loanThe term direct loan has the same meaning as in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
 (14)Disadvantaged communityThe term disadvantaged community means a community with a median household income of less than 80 percent of the statewide median household income for the State in which the community is located.
 (15)Energy infrastructure projectThe term energy infrastructure project means any project for energy transmission and distribution, energy efficiency enhancement for buildings, public housing, health facilities, schools, and energy storage.
 (16)EntityThe term entity means an individual, corporation, partnership (including a public-private partnership), joint venture, trust, and a State or other governmental entity, including a political subdivision or any other instrumentality of a State or a revolving fund.
 (17)Environmental infrastructure projectThe term environmental infrastructure project means any project for the establishment, maintenance, or enhancement of any drinking water and wastewater treatment facility, storm water management system, flood gate, dam, levee, dredging, open space management system, wetland restoration, infill development, solid waste disposal facility, hazardous waste facility, or industrial site cleanup or remediation projects.
 (18)General counselThe term general counsel means the individual who serves as the chief lawyer for the Bank. (19)Greenhouse gasesThe term greenhouse gases means any of the following:
 (A)Carbon dioxide. (B)Methane.
 (C)Nitrous oxide. (D)Sulfur hexafluoride.
 (E)Hydrofluorocarbons (F)Any perfluorocarbon.
 (G)Nitrogen trifluoride. (H)Any other anthropogenic gas designated as a greenhouse gas by the Environmental Protection Agency Administrator.
 (20)Infrastructure projectThe term infrastructure project means any energy, environmental, telecommunications, or transportation infrastructure project. (21)Loan guaranteeThe term loan guarantee has the same meaning as in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
 (22)Public Benefit BondThe term Public Benefit Bond means any bond issued in accordance with this Act if— (A)the proceeds from the sale of the bond are to be used for expenditures incurred after the date of issuance with respect to any infrastructure project or other purpose, subject to such rules as the Bank may provide;
 (B)the bond is issued in registered form; (C)the bond has such terms, and carries interest in such an amount, as determined by the Bank; and
 (D)payments of interest and principal with respect to the bond is the obligation of the Bank and is backed by the full faith and credit of the United States.
 (23)Public-private partnershipThe term public-private partnership means any entity— (A) (i)which is undertaking the development of all or part of an infrastructure project, which will have a public benefit, pursuant to requirements established in one or more contracts between the entity and a State or an instrumentality of a State; or
 (ii)the activities of which, with respect to such an infrastructure project, are subject to regulation by a State or any instrumentality of a State; and
 (B)which owns, leases, or operates, or will own, lease, or operate, the project in whole or in part, and at least one of the participants in the entity is a nongovernmental entity.
 (24)Revolving fundThe term revolving fund means a fund or program established by a State or a political subdivision or other instrumentality of a State, the principal activity of which is to make loans, commitments, or other financial accommodation available for the development of one or more categories of infrastructure projects.
 (25)SecretaryThe term Secretary means the Secretary of the Treasury or the designee of the Secretary. (26)Smart gridThe term smart grid means a system that provides for any of the smart grid functions set forth in section 1306(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17386(d)).
 (27)StateThe term State includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of Northern Mariana Islands, and any other territory of the United States.
 (28)Telecommunications infrastructure projectThe term telecommunications infrastructure project means any project involving infrastructure required to provide communications by wire or radio. (29)Transportation infrastructure projectThe term transportation infrastructure project means any project for the construction, maintenance, or enhancement of highways, roads, bridges, transit and intermodal systems, inland waterways, commercial ports, airports, high speed rail and freight rail systems.
			4.Establishment of national infrastructure development bank
 (a)Establishment of national infrastructure development bankThe National Infrastructure Development Bank is established as a wholly owned Government corporation subject to chapter 91 of title 31, United States Code (commonly known as the Government Corporation Control Act), except as otherwise provided in this Act.
 (b)Responsibility of the secretaryThe Secretary shall take such action as may be necessary to assist in implementing the establishment of the bank in accordance with this Act.
 (c)Conforming amendmentSection 9101(3) of title 31, United States Code, is amended by inserting after subparagraph (N) the following:

 (O)the National Infrastructure Development Bank.. 5.Board of directors (a)In generalThe Bank shall have a Board of Directors consisting of 7 members appointed by the President and with the advice and consent of the Senate.
 (b)QualificationsThe directors of the Board shall include individuals representing different regions of the United States and—
 (1)2 of the directors shall have public sector experience; (2)2 of the directors shall have private sector experience; and
 (3)3 of the directors shall have finance experience. (c)Chairperson and vice chairpersonAs designated at the time of appointment, one of the directors of the Board shall be designated chairperson of the Board by the President and one shall be designated as vice chairperson of the Board by the President.
			(d)Terms
 (1)In generalExcept as provided in paragraph (2) and subsection (f), each director shall be appointed for a term of 6 years.
 (2)Initial staggered termsOf the initial members of the Board— (A)the chairperson and vice chairperson shall each be appointed for terms of 6 years;
 (B)3 shall be appointed for a term of 4 years; and (C)2 shall be appointed for a term of 2 years.
 (e)Congressional recommendationsNot later than 30 days after the date of enactment of this Act, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall each submit a recommendation to the President for appointment of a member of the Board of Directors, after consultation with the appropriate committees of Congress.
 (f)Date of initial nominationsThe initial nominations by the President for appointment of directors to the Board shall be made not later than 60 days after the date of enactment of this Act.
			(g)Vacancies
 (1)In generalA vacancy on the Board shall be filled in the manner in which the original appointment was made. (2)Appointment to replace during termAny director appointed to fill a vacancy occurring before the expiration of the term for which the director’s predecessor was appointed shall be appointed only for the remainder of the term.
 (3)DurationA director may serve after the expiration of that director’s term until a successor has taken office.
 (h)QuorumFour directors shall constitute a quorum. (i)ReappointmentA director of the Board appointed by the President may be reappointed by the President in accordance with this section.
 (j)Per diem reimbursementDirectors of the Board shall serve on a part-time basis and shall receive a per diem when engaged in the actual performance of Bank business, plus reasonable reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties.
 (k)LimitationsA director of the Board may not participate in any review or decision affecting a project under consideration for assistance under this Act if the director has or is affiliated with a person who has an interest in such project.
 (l)ResponsibilitiesThe Board shall— (1)as soon as is practicable after the date on which the last director is appointed, establish an Executive Committee, Risk Management Committee and Audit Committee as prescribed by this Act;
 (2)not later than 180 days after the date on which the last director is appointed develop and approve the bylaws of the Bank, including bylaws for the regulation of the affairs and conduct of the business of the Bank, consistent with the purpose, goals, objectives, and policies set forth in this Act;
 (3)ensure that the Bank is at all times operated in a manner that is consistent with this Act, by— (A)monitoring and assessing the effectiveness of the Bank in achieving its strategic goals;
 (B)periodically reviewing internal policies submitted by the chief executive officer; (C)reviewing and approving annual business plans, annual budgets, and long-term strategies submitted by the chief executive officer;
 (D)reviewing and approving annual reports submitted by the chief executive officer; (E)reviewing risk management and audit practices of the Bank; and
 (F)reviewing and approving all changes to the organization of the Bank; and (4)establish such other criteria, requirements, or procedures as the Board may consider to be appropriate in carrying out this Act.
				(m)Meetings
 (1)Open to the public; noticeAll meetings of the Board held to conduct the business of the Bank shall be open to the public and shall be preceded by reasonable notice.
 (2)Initial meetingThe Board shall meet not later than 90 days after the date on which the last director is appointed and otherwise at the call of the Chairperson.
 (3)Exception for closed meetingsPursuant to such rules as the Board may establish through their bylaws, the directors may close a meeting of the Board if, at the meeting, there is likely to be disclosed information which could adversely affect or lead to speculation relating to an infrastructure project under consideration for assistance under this Act or in financial or securities or commodities markets or institutions, utilities, or real estate. The determination to close any meeting of the Board shall be made in a meeting of the Board, open to the public, and preceded by reasonable notice. The Board shall prepare minutes of any meeting which is closed to the public and make such minutes available as soon as the considerations necessitating closing such meeting no longer apply.
				6.Powers and limitations of the Board
 (a)PowersIn order to carry out the purposes of the Bank as set forth in this Act, the Board shall be responsible for monitoring and overseeing infrastructure projects and have the following powers:
 (1)To make senior and subordinated direct loans on such terms as the Board may determine, in the Board’s discretion, to be appropriate to assist in the financing or refinancing of an infrastructure project.
 (2)To make loan guarantees on such terms as the Board may determine, in the Board’s discretion, to be appropriate to assist in the financing or refinancing of an infrastructure project.
 (3)To issue Public Benefit Bonds, to provide financing to infrastructure projects from amounts made available from the issuance of such bonds.
 (4)To pay an interest subsidy on American Infrastructure Bonds to the issuer of such bonds. (5)To make agreements and contracts with any entity in furtherance of the business of the Bank.
 (6)To monitor and oversee infrastructure projects financed, in whole or in part, by the Bank. (7)To sue and be sued in the Bank’s corporate capacity in any court of competent jurisdiction, except that no attachment, injunction, or similar process, may be issued against the property of the Bank or against the Bank with respect to such property.
 (8)To indemnify the directors and officers of the Bank for liabilities arising out of the actions of the directors and officers in such capacity, in accordance with, and subject to the limitations contained in, this Act.
 (9)To serve as the primary liaison between the Bank and the Congress, the executive branch, and State and local governments, and to represent the Bank’s interests.
 (10)To exercise all other lawful powers which are necessary or appropriate to carry out, and are consistent with, the purposes of the Bank.
				(b)Limitations
 (1)Issuance of Public Benefit BondsThe Board may not issue any Public Benefit Bond without the prior consent of the Secretary. (2)Employee protectionsPrior to providing any financial assistance for an infrastructure project involving reconstruction, rehabilitation, replacement or expansion that may impact current employees on the project site, the interests of employees affected by the financial assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable.
 (c)Actions consistent with self-Supporting entity statusThe Board shall conduct its business in a manner consistent with the requirements of this section. (d)Coordination with state and local regulatory authorityThe provision of financial assistance by the Board pursuant to this Act shall not be construed as—
 (1)limiting the right of any State or political subdivision or other instrumentality of a State to approve or regulate rates of return on private equity invested in a project; or
 (2)otherwise superseding any State law or regulation applicable to a project. (e)Federal personnel requestsThe Board shall have the power to request the detail, on a reimbursable basis, of personnel from other Federal agencies with specific expertise not available from within the Bank or elsewhere. The head of any Federal agency may detail, on a reimbursable basis, any personnel of such agency requested by the Board and shall not withhold unreasonably the detail of any personnel requested by the Board.
			7.Executive committee
 (a)In generalThe Board shall establish an Executive Committee consisting of 9 members, headed by the chief executive officer of the Bank.
 (b)CEOA majority of the Board shall have the authority to appoint and reappoint the chief executive officer with such executive functions, powers, and duties as may be prescribed by this Act, the bylaws of the Bank, or the Board.
 (c)CEO responsibilitiesThe CEO shall have responsibility for the development and implementation of the strategy of Bank, including—
 (1)the development and submission to the Board of the annual business plans and budget; (2)the development and submission to the Board of a long-term strategic plan; and
 (3)the development, revision, and submission to the Board of Directors of internal policies. (d)Other executive officersThe Board shall appoint, remove, fix the compensation, and define duties of 8 other executive officers to serve on the Executive Committee as the—
 (1)chief compliance officer; (2)chief financial officer;
 (3)chief asset and liability management officer; (4)chief loan origination officer;
 (5)chief operations officer; (6)chief risk officer;
 (7)chief treasury officer; and (8)general counsel.
 (e)QualificationsThe CEO shall have experience and expertise in finance and the other executive officers shall have demonstrated experience and expertise in one or more of the following:
 (1)Transportation infrastructure. (2)Environmental infrastructure.
 (3)Energy infrastructure. (4)Telecommunications infrastructure.
 (5)Economic development. (6)Workforce development.
 (7)Public health. (8)Private or public finance.
 (f)DutiesIn order to carry out the purposes of the Bank as set forth in this Act, the Executive Committee shall—
 (1)establish and submit to the Board disclosure and application procedures for entities nominating projects for assistance under this Act;
 (2)establish and submit to the Board standardized terms and conditions, fee schedules, or legal requirements of a contract or program to carry out this Act;
 (3)establish and submit to the Board guidelines for the selection and approval of projects and specific criteria for determining eligibility for project selection;
 (4)accept, for consideration, project proposals relating to the development of infrastructure projects, which meet the basic criteria established by the Executive Committee, and which are submitted by an entity;
 (5)provide recommendations to the Board and place project proposals accepted by the Executive Committee on a list for consideration for financial assistance from the Board;
 (6)recommend to the Board the percentage subsidy amount for an approved application for an American Infrastructure Bond, with such recommendation based on the strength of the related infrastructure project’s ability to meet the criteria described under section 11 and the ability of such project to attract private investment in an infrastructure project’s early development stages;
 (7)provide technical assistance, including public-private partnership infrastructure project value for money assessments, long-term economic benefit projections, and contract evaluations, to entities receiving financing from the Bank and otherwise implement decisions of the Board; and
 (8)provide technical assistance to State and local governments who wish to have the Bank’s approval to issue American Infrastructure bonds.
 (g)VacancyA vacancy in the position of CEO and other executive officers of the Executive Committee shall be filled in the manner in which the original appointment was made.
 (h)CompensationThe compensation of the CEO and other executive officers of the Executive Committee shall be determined by the Board.
 (i)RemovalThe CEO and other executive officers of the Executive Committee may be removed at the discretion of a majority of the Board.
 (j)TermThe CEO and other executive officers of the Executive Committee shall serve a 6-year term and may be reappointed in accordance with this section.
 (k)LimitationsThe CEO and other executive officers of the Executive Committee shall not— (1)hold any other public office;
 (2)have any interest in an infrastructure project considered by the Board; (3)have any interest in an investment institution, commercial bank, or other entity seeking financial assistance for any infrastructure project from or investing in the Bank; and
 (4)have any such interest during the 2-year period beginning on the date such officer ceases to serve in such capacity.
				8.Risk management committee
 (a)Establishment of risk management committeeThe Board shall establish a risk management committee consisting of 5 members, headed by the chief risk officer.
 (b)AppointmentsA majority of the Board shall have the authority to appoint and reappoint the CRO of the Bank. (c)Functions; duties (1)In generalThe CRO shall have such functions, powers, and duties as may be prescribed by one or more of the following: This Act, the bylaws of the Bank, and the Board. The CRO shall report directly to the Board.
 (2)Risk management dutiesIn order to carry out the purposes of this Act, the risk management committee shall— (A)create financial, credit, and operational risk management guidelines and policies to be adhered to by the Bank;
 (B)set guidelines to ensure diversification of lending activities by both geographic region and infrastructure project type;
 (C)create conforming standards for all financial assistance provided by the Bank; (D)monitor financial, credit and operational exposure of the Bank; and
 (E)provide financial recommendations to the Board. (d)Duty with respect to American Infrastructure BondsThe risk management committee shall ensure that the aggregate amount of interest subsidies provided for American Infrastructure Bonds in a given calendar year do not exceed an amount equal to 28 percent of interest payable under all such bonds.
 (e)Other risk management officersThe Board shall appoint, remove, fix the compensation, and define the duties of 4 other risk management officers to serve on the risk management committee.
 (f)QualificationsThe CRO and other risk management officers shall have demonstrated experience and expertise in one or more of the following:
 (1)Treasury and asset and liability management. (2)Investment regulations.
 (3)Insurance. (4)Credit risk management and credit evaluations.
 (5)Related disciplines. (g)VacancyA vacancy in the position of CRO and other risk management officers of the risk management committee shall be filled in the manner in which the original appointment was made.
 (h)CompensationThe compensation of the CRO and other risk management officers of the risk management committee shall be determined by the Board.
 (i)RemovalThe CRO and other risk management officers of the risk management committee may be removed at the discretion of a majority of the Board.
 (j)TermThe CRO and other risk management officers of the risk management committee shall serve a 6-year term and may be reappointed in accordance with this section.
 (k)LimitationsThe CRO and other risk management officers of the risk management committee shall not— (1)hold any other public office;
 (2)have any interest in an infrastructure project considered by the Board; (3)have any interest in an investment institution, commercial bank, or other entity seeking financial assistance for any infrastructure project from or investing in the Bank; and
 (4)have any such interest during the 2-year period beginning on the date such officer ceases to serve in such capacity.
				9.Audit Committee
 (a)In generalThe Bank shall establish an audit committee consisting of 5 members, headed by the chief compliance officer of the Bank.
 (b)AppointmentsA majority of the Board shall have the authority to appoint and reappoint the CCO of the Bank. (c)Functions; dutiesThe CCO shall have such functions, powers, and duties as may be prescribed by one or more of the following: This Act, the bylaws of the Bank, and the Board. The CCO shall report directly to the Board.
 (d)Audit dutiesIn order to carry out the purposes of the Bank under this Act, the audit committee shall— (1)provide internal controls and internal auditing activities for the Bank;
 (2)maintain responsibility for the accounting activities of the Bank; (3)issue financial reports of the Bank; and
 (4)complete reports with outside auditors and public accountants appointed by the Board. (e)Other audit officersThe Board shall appoint, remove, fix the compensation, and define the duties of 4 other audit officers to serve on the audit committee.
 (f)QualificationsThe CCO and other audit officers shall have demonstrated experience and expertise in one or more of the following:
 (1)Internal auditing. (2)Internal investigations.
 (3)Accounting practices. (4)Financing practices.
 (g)VacancyA vacancy in the position of CCO and other audit officers of the audit committee shall be filled in the manner in which the original appointment was made.
 (h)CompensationThe compensation of the CCO and other audit officers of the audit committee shall be determined by the Board.
 (i)RemovalThe CCO and other audit officers of the audit committee may be removed at the discretion of a majority of the Board.
 (j)TermThe CCO and other audit officers of the audit committee shall serve a 6-year term and may be reappointed in accordance with this section.
 (k)LimitationsThe CCO and other audit officers of the audit committee shall not— (1)hold any other public office;
 (2)have any interest in an infrastructure project considered by the Board; (3)have any interest in an investment institution, commercial bank, or other entity seeking financial assistance for any infrastructure project from or investing in the Bank; and
 (4)have any such interest during the 2-year period beginning on the date such officer ceases to serve in such capacity.
 10.PersonnelThe chairperson of the Board, chief executive officer, chief risk officer, and chief compliance officer shall appoint, remove, fix the compensation of, and define the duties of such qualified personnel to serve under the Board, Executive Committee, risk management committee, or audit committee, as the case may be, as necessary and prescribed by one or more of the following: This Act, the bylaws of the Bank, and the Board.
		11.Eligibility criteria for assistance from Bank
 (a)In generalAny entity proposing a project for which the use or purpose is private and without public benefit shall not be eligible for financial assistance from the Bank under this Act. No financial assistance shall be available from the Bank unless the entity for such assistance has demonstrated to the satisfaction of the Board that the project for which such assistance is being sought meets the requirements of this Act.
			(b)Establishment of project criteria
 (1)In generalConsistent with the requirements of subsections (c) and (d), the Board shall approve— (A)criteria for determining eligibility for financial assistance established by the Executive Committee under this Act;
 (B)revisions to criteria for determining eligibility for financial assistance established by the Executive Committee under this Act;
 (C)the weight given to factors to be taken into account established by the Executive Committee; (D)disclosure and application procedures to be followed by entities to nominate projects for assistance established by the Executive Committee under this Act; and
 (E)such other criteria as the Board may consider to be appropriate for the purposes of carrying out this Act.
					(2)Factors to be taken into account
 (A)In generalThe Executive Committee shall conduct an analysis that takes into account the economic, environmental, and social benefits, and costs of each project under consideration for financial assistance under this Act, prioritizing projects that contribute to economic growth, lead to job creation, and are of regional or national significance.
 (B)CriteriaThe criteria established pursuant to paragraph (1)(A) shall provide for the consideration of the following factors in considering eligibility for financial assistance under this Act:
 (i)The means by which development of the infrastructure project under consideration is being financed, including—
 (I)the terms and conditions and financial structure of the proposed financing; (II)the credit worthiness and standing of the project sponsors, providers of equity, and cofinanciers;
 (III)the financial assumptions and projections on which the project is based; and (IV)the extent to which the infrastructure project maximizes investment from other sources.
 (ii)The likelihood that the provision of assistance by the Bank will cause such development to proceed more promptly and with lower costs for financing than would be the case without such assistance.
 (iii)The extent to which the provision of assistance by the Bank maximizes the level of private investment in the infrastructure project while providing a public benefit.
 (C)Dedicated revenue sourcesAny financial assistance for an infrastructure project shall be repayable, in whole or in part, from dedicated revenue sources that also secure the infrastructure project obligations.
 (D)Amount of financial assistanceThe amount of financial assistance under this Act shall not exceed the lesser of 50 percent of the reasonably anticipated eligible infrastructure project costs.
 (c)Public inputIn developing proposed infrastructure project criteria and conducting reviews of infrastructure project criteria for the Board, the Executive Committee shall seek input from the public including views related to—
 (1)the weight given to different factors to be taken into account; (2)measuring whether projects are meeting approved criteria; and
 (3)any other input considered by the Executive Committee and the public for the purposes of carrying out this Act.
				(d)Factors for specific types of projects
 (1)Transportation infrastructure projectsFor any transportation infrastructure project, the Board shall consider the following: (A)Job creation, including workforce development for women and minorities, responsible employment practices, and targeted job training and employment opportunities for low income workers.
 (B)Reduction in greenhouse gases. (C)Reduction in surface and air traffic congestion.
 (D)Use of smart tolling, such as vehicle miles traveled and congestion pricing, for highway, road, and bridge projects.
 (E)Increased access to transportation options. (F)Increased safety of transportation systems for motorized and non-motorized users.
 (G)Public health benefits, including the removal of lead coatings or other hazardous chemicals and materials.
 (H)Reduction in risk of structural failure over the service life of the project. (2)Environmental infrastructure projectFor any environmental infrastructure project, the Board shall consider the following:
 (A)Job creation, including workforce development for women and minorities, responsible employment practices, and targeted job training and employment opportunities for low income workers.
 (B)Public health benefits, including the removal of lead coatings or other hazardous materials. (C)Pollution reductions.
 (D)Reductions in greenhouse gas. (E)Increased coastal and inland flood mitigation and protection.
 (F)Reduction in risk of structural failure over the service life of the project. (3)Energy infrastructure projectFor any energy infrastructure project, the Board shall consider the following:
 (A)Job creation, including workforce development for women and minorities, responsible employment practices, and targeted job training and employment opportunities for low income workers.
 (B)Reduction in greenhouse gas. (C)Expanded use of renewable energy.
 (D)Development of a smart grid. (E)Energy efficient building, housing, and school modernization, including renewable energy designated retrofits.
 (F)In any case in which the project is also a public housing project— (i)improvement of the physical shape and layout;
 (ii)environmental improvement; and (iii)mobility improvements for residents.
 (G)Public health benefits including the removal of lead coatings or other hazardous chemicals and materials.
 (H)Reduction in risk of structural failure over the service life of the project. (4)TelecommunicationsFor any telecommunications project, the Board shall consider the following:
 (A)Job creation, including workforce development for women and minorities, responsible employment practices, and targeted job training and employment opportunities for low income workers.
 (B)The extent to which assistance expands or improves broadband and wireless services in rural and disadvantaged communities.
					(e)Consideration of project proposals
 (1)Participation by other agency personnelConsideration of a project under this section by the Executive Committee and the Board shall be conducted with personnel on detail to the Bank from relevant Federal agencies among individuals who are familiar with and experienced in the selection criteria for competitive infrastructure projects.
 (2)FeesA fee may be charged for the review of any project proposal in such amount as may be considered appropriate by the Executive Committee approved by the Board to cover the cost of such review.
 (f)Discretion of boardConsistent with other provisions of this Act, any determination of the Board to provide assistance to any infrastructure project, and the manner in which such assistance is provided, including the terms, conditions, fees, and charges shall be at the sole discretion of the Board.
 (g)State and local permits requiredThe provision of assistance by the Board in accordance with this Act shall not be deemed to relieve any recipient of assistance or the related infrastructure project of any obligation to obtain required State and local permits and approvals.
 (h)Annual reportAn entity receiving assistance from the Board shall make annual reports to the Board on the use of any such assistance, compliance with the criteria set forth in this section, and a disclosure of all entities with a development, ownership, or operational interest in a infrastructure project assisted or proposed to be assisted under this Act.
 12.Exemption from local taxationAll bonds issued by the Bank, and the interest on or credits with respect to such bonds, shall not be subject to taxation by any State, county, municipality, or local taxing authority.
		13.Status and applicability of certain Federal laws
 (a)Compliance with Davis-Bacon ActAll laborers and mechanics employed by contractors and subcontractors on infrastructure projects funded directly by or assisted in whole or in part by and through the Bank pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
 (b)No priority as a Federal claimThe priority established in favor of the United States by section 3713 of title 31, United States Code, shall not apply with respect to any indebtedness of the Bank.
 (c)Compliance with grant requirementsRecipients of financial assistance authorized under this Act that funds public transportation capital projects, as defined in section 5302 of title 49, United States Code, must comply with the grant requirements applicable to grants made under section 5309 of such title.
 14.Compliance with certain domestic content statutesThe financing provided for an infrastructure project shall be in accordance with the following statutory provisions of the United States Code under the jurisdiction of the Department of Transportation: section 24305 of title 49, United States Code (AMTRAK), section 313 of title 23, United States Code (FHWA), section 5323(j) of title 49, United States Code (FTA), section 24405 of title 49, United States Code (Intercity Rail Passenger Corporation) and sections 50101 and 50105 of title 49, United States Code (FAA).
		15.Use of iron, steel, and manufactured goods in infrastructure projects
 (a)Buy AmericaNone of the financing provided for by the Bank may be used for a public infrastructure project unless all of the iron, steel, and manufactured goods used for the construction, alteration, maintenance or repair of the project are produced in the United States.
 (b)ExceptionSubsection (a) shall not apply in any case or category of cases in which the Secretary of the Treasury finds that—
 (1)applying subsection (a) would be inconsistent with the public interest; (2)iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
 (3)inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall infrastructure project by more than 25 percent.
 (c)Publication of waiversIf the Secretary of the Treasury determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Treasury Secretary shall publish in the Federal Register a detailed written justification as to why the provision is being waived.
 (d)Application of sectionThis section shall be applied in a manner consistent with the United States obligations under international agreements.
 (e)ConsultationsThe Secretary of the Treasury shall consult with the Board and may consult with the Secretary of Transportation and other Federal Secretaries and Administrators when applying this section.
			16.Audits; reports to President and Congress
 (a)AccountingThe books of account of the Bank shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by independent public accountants appointed by the Board and of nationally recognized standing.
			(b)Reports
 (1)BoardThe Board shall submit to the President and Congress, within 90 days after the last day of each fiscal year, a complete and detailed report with respect to the preceding fiscal year, setting forth—
 (A)a summary of the Bank’s operations, for such preceding fiscal year; (B)a schedule of the Bank’s obligations outstanding at the end of such preceding fiscal year, with a statement of the amounts issued and redeemed or paid during such preceding fiscal year; and
 (C)the status of infrastructure projects receiving funding or other assistance pursuant to this Act, including disclosure of all entities with a development, ownership, or operational interest in such projects.
 (2)GAONot later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report evaluating activities of the Bank for the fiscal years covered by the report that includes an assessment of the impact and benefits of each funded infrastructure project, including a review of how effectively each project accomplished the goals prioritized by the Bank’s project criteria.
				(c)Books and records
 (1)In generalThe Bank shall maintain adequate books and records to support the financial transactions of the Bank with a description of financial transactions and infrastructure projects receiving funding, and the amount of funding for each project maintained on a publically accessible database.
 (2)Public comment periodThe Bank shall post infrastructure financing agreements on the database providing 30 days for public comments before providing final financing for the infrastructure project.
 (3)Audits by the secretary and GAOThe books and records of the Bank shall be maintained in accordance with recommended accounting practices and shall be open to inspection by the Secretary and the Comptroller General of the United States.
				17.American Infrastructure Bond
 (a)In generalIn the case of an American Infrastructure Bond, the Bank shall pay (contemporaneously with each interest payment date under such bond) to the issuer of such bond (or to any person who makes such interest payments on behalf of the issuer) the applicable percentage of the interest payable under such bond on such date.
			(b)American Infrastructure Bond
 (1)In generalFor purposes of this section, the term American Infrastructure Bond means any obligation (other than a private activity bond) if— (A)the interest on such obligation would (but for this section) be excludable from gross income under section 103 of the Internal Revenue Code of 1986;
 (B)such obligation would have been a qualified bond under section 54AA of such Code (determined without regard to subparagraphs (B) and (C) of subsection (d)(1) and subsection (g)(2)(B) thereof);
 (C)such obligation is approved under the American Infrastructure Bond program; and (D)the issuer makes an irrevocable election to have this section apply.
 (2)Applicable rulesFor purposes of applying paragraph (1)— (A)for purposes of section 149(b) of such Code, an American Infrastructure Bond shall not be treated as federally guaranteed by reason of the subsidy provided under subsection (a);
 (B)for purposes of section 148 of such Code, the yield on an American Infrastructure Bond shall be determined without regard to the subsidy provided under subsection (a); and
 (C)a bond shall not be treated as an American Infrastructure Bond if the issue price has more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3) of such Code) of premium over the stated principal amount of the bond.
 (c)Interest on bonds included in gross incomeFor purposes of the Internal Revenue Code of 1986, interest on any American Infrastructure Bond shall be includible in gross income.
 (d)DefinitionsFor purposes of this section— (1)Interest payment dateThe term interest payment date means any date on which the holder of record of the American Infrastructure Bond is entitled to a payment of interest under such bond.
 (2)Applicable percentageThe applicable percentage with respect to the interest subsidy provided for any bond under the American Infrastructure Bond program shall be a percentage recommended by the Executive Committee, reviewed by the risk management committee, and approved by the Board.
				(e)American Infrastructure Bond program
 (1)In generalNot later than 180 days after the date of the enactment of this Act, the Board, in consultation with the Executive Committee, risk management committee, and the Secretary of the Treasury, shall establish an American Infrastructure Bond program, under which the Board may—
 (A)approve bond issuances for purposes of this section, and (B)assign an applicable percentage with respect to any bond so approved.
 (2)ApplicationIssuers may apply for the approval of a bond issuance for purposes of this section, and any such application shall contain such information as the Executive Committee and the risk management committee may require in order to accept or reject an application and to assign an applicable percentage to such bond.
 (3)CriteriaApproval of an application and the applicable percentage subsidy assigned under the program shall be based on the ability of each project to meet the criteria established under section 8(d).
				(4)Limitations
 (A)Per bond subsidyThe applicable percentage with respect to any bond may not exceed 40 percent. (B)Aggregate subsidy limitationFor any calendar year, the aggregate amount of interest subsidies provided under this section with respect to all American Infrastructure Bonds shall not exceed an amount equal to 28 percent of interest payable under all such bonds.
					18.National Infrastructure Development Bank Trust Fund
 (a)In generalThere is established in the Treasury of the United States a trust fund to be known as the National Infrastructure Development Bank Trust Fund consisting of such amounts as may be appropriated to such trust fund as provided in this section. (b)Transfer to trust fundThere are hereby appropriated to the National Infrastructure Development Bank Trust Fund such amount as the Secretary of the Treasury estimates is equivalent to the tax receipts attributable to interest payable under American Infrastructure Bonds.
 (c)Expenditures from trust fundAmounts in the National Infrastructure Development Bank Trust Fund shall be available, as provided in appropriation Acts, only for purposes of the Secretary making transfers to the National Infrastructure Development Bank for infrastructure project assistance provided by the Bank under this Act.
 19.Authorization of appropriationsThere is authorized to be appropriated $5,000,000,000 for each of fiscal years 2015, 2016, 2017, 2018, and 2019 to capitalize the Bank and to remain available until expended, of which not more than $25,000,000 for each of fiscal years 2015 and 2016, and not more than $50,000,000 for each fiscal year thereafter, may be used for administrative costs of the Bank.


		IIB
		112th CONGRESS
		1st Session
		H. R. 3463
		IN THE SENATE OF THE UNITED
		  STATES

			December 5, 2011
			Received; read twice and referred to the
			 Committee on Rules and
			 Administration

		AN ACT
		To reduce Federal spending and the deficit
		  by terminating taxpayer financing of presidential election campaigns and party
		  conventions and by terminating the Election Assistance
		  Commission.

		ITermination of
			 taxpayer financing of presidential election campaigns
			101.Termination of taxpayer
			 financing of presidential election campaigns
				(a)Termination of
			 designation of income tax paymentsSection 6096 of the Internal
			 Revenue Code of 1986 is amended by adding at the end the following new
			 subsection:

						(d)TerminationThis
				section shall not apply to taxable years beginning after December 31,
				2010.
						.
				(b)Termination of
			 fund and account
					(1)Termination of
			 presidential election campaign fund
						(A)In
			 generalChapter 95 of subtitle H of such Code is amended by
			 adding at the end the following new section:

								9014.TerminationThe provisions of this chapter shall not
				apply with respect to any presidential election (or any presidential nominating
				convention) after the date of the enactment of this section, or to any
				candidate in such an
				election.
								.
						(B)Transfer of
			 excess funds to general fundSection 9006 of such Code is amended
			 by adding at the end the following new subsection:

								(d)Transfer of
				funds remaining after terminationThe Secretary shall transfer
				all amounts in the fund after the date of the enactment of this section to the
				general fund of the Treasury, to be used only for reducing the
				deficit.
								.
						(2)Termination of
			 accountChapter 96 of subtitle H of such Code is amended by
			 adding at the end the following new section:

							9043.TerminationThe provisions of this chapter shall not
				apply to any candidate with respect to any presidential election after the date
				of the enactment of this
				section.
							.
					(c)Clerical
			 amendments
					(1)The table of
			 sections for chapter 95 of subtitle H of such Code is amended by adding at the
			 end the following new item:

								Sec. 9014.
				Termination.

							.
					(2)The table of
			 sections for chapter 96 of subtitle H of such Code is amended by adding at the
			 end the following new item:

								Sec. 9043.
				Termination.

							.
					IITermination of
			 Election Assistance Commission
			201.Termination of
			 Election Assistance Commission
				(a)TerminationThe Help America Vote Act of 2002
			 (42 U.S.C. 15301 et
			 seq.) is amended by adding at the end the following new
			 title:

						XTermination of
				Commission
							ATermination
								1001.TerminationEffective on the Commission termination
				date, the Commission (including the Election Assistance Commission Standards
				Board and the Election Assistance Commission Board of Advisors under part 2 of
				subtitle A of title II) is terminated and may not carry out any programs or
				activities.
								1002.Transfer of
				operations to office of management and budget during transition
									(a)In
				GeneralThe Director of the
				Office of Management and Budget shall, effective upon the Commission
				termination date—
										(1)perform the
				functions of the Commission with respect to contracts and agreements described
				in subsection 1003(a) until the expiration of such contracts and agreements,
				but shall not renew any such contract or agreement; and
										(2)shall take the
				necessary steps to wind up the affairs of the Commission.
										(b)Exception for
				Functions Transferred to Other AgenciesSubsection (a) does not
				apply with respect to any functions of the Commission that are transferred
				under subtitle B.
									1003.Savings
				provisions
									(a)Prior
				contractsThe termination of
				the Commission under this subtitle shall not affect any contract that has been
				entered into by the Commission before the Commission termination date. All such
				contracts shall continue in effect until modified, superseded, terminated, set
				aside, or revoked in accordance with law by an authorized Federal official, a
				court of competent jurisdiction, or operation of law.
									(b)Obligations of
				recipients of payments
										(1)In
				generalThe termination of the Commission under this subtitle
				shall not affect the authority of any recipient of a payment made by the
				Commission under this Act prior to the Commission termination date to use any
				portion of the payment that remains unobligated as of the Commission
				termination date, and the terms and conditions that applied to the use of the
				payment at the time the payment was made shall continue to apply.
										(2)Special rule for
				States receiving requirements paymentsIn the case of a requirements payment made
				to a State under part 1 of subtitle D of title II, the terms and conditions
				applicable to the use of the payment for purposes of the State’s obligations
				under this subsection (as well as any obligations in effect prior to the
				termination of the Commission under this subtitle), and for purposes of any
				applicable requirements imposed by regulations promulgated by the Director of
				the Office of Management and Budget, shall be the general terms and conditions
				applicable under Federal law, rules, and regulations to payments made by the
				Federal government to a State, except that to the extent that such general
				terms and conditions are inconsistent with the terms and conditions that are
				specified under part 1 of subtitle D of title II or section 902, the terms and
				conditions specified under such part and such section shall apply.
										(c)Pending
				proceedings
										(1)No effect on
				pending proceedingsThe
				termination of the Commission under this subtitle shall not affect any
				proceeding to which the Commission is a party that is pending on such date,
				including any suit to which the Commission is a party that is commenced prior
				to such date, and the applicable official shall be substituted or added as a
				party to the proceeding.
										(2)Treatment of
				ordersIn the case of a
				proceeding described in paragraph (1), an order may be issued, an appeal may be
				taken, judgments may be rendered, and payments may be made as if the Commission
				had not been terminated. Any such order shall continue in effect until
				modified, terminated, superseded, or revoked by an authorized Federal official,
				a court of competent jurisdiction, or operation of law.
										(3)Construction
				relating to discontinuance or modificationNothing in this
				subsection shall be deemed to prohibit the discontinuance or modification of
				any proceeding described in paragraph (1) under the same terms and conditions
				and to the same extent that such proceeding could have been discontinued or
				modified if the Commission had not been terminated.
										(4)Regulations for
				transfer of proceedingsThe Director of the Office of Management
				and Budget may issue regulations providing for the orderly transfer of
				proceedings described in paragraph (1).
										(d)Judicial
				reviewOrders and actions of the applicable official in the
				exercise of functions of the Commission shall be subject to judicial review to
				the same extent and in the same manner as if such orders and actions had been
				issued or taken by the Commission. Any requirements relating to notice,
				hearings, action upon the record, or administrative review that apply to any
				function of the Commission shall apply to the exercise of such function by the
				applicable official.
									(e)Applicable
				official definedIn this section, the applicable
				official means, with respect to any proceeding, order, or
				action—
										(1)the Director of the Office of Management
				and Budget, to the extent that the proceeding, order, or action relates to
				functions performed by the Director of the Office of Management and Budget
				under section 1002; or
										(2)the Federal
				Election Commission, to the extent that the proceeding, order, or action
				relates to a function transferred under subtitle B.
										1004.Commission
				termination dateThe
				Commission termination date is the first date following the
				expiration of the 60-day period that begins on the date of the enactment of
				this subtitle.
								BTransfer of
				Certain Authorities
								1011.Transfer of
				election administration functions to federal election commissionThere are transferred to the Federal
				Election Commission (hereafter in this section referred to as the
				FEC) the following functions of the Commission:
									(1)The adoption of
				voluntary voting system guidelines, in accordance with part 3 of subtitle A of
				title II.
									(2)The testing,
				certification, decertification, and recertification of voting system hardware
				and software by accredited laboratories, in accordance with subtitle B of title
				II.
									(3)The maintenance of
				a clearinghouse of information on the experiences of State and local
				governments in implementing voluntary voting system guidelines and in operating
				voting systems in general.
									(4)The development of
				a standardized format for reports submitted by States under section 102(c) of
				the Uniformed and Overseas Citizens Absentee Voting Act, and the making of such
				format available to States and units of local government submitting such
				reports, in accordance with section 703(b).
									(5)Any functions
				transferred to the Commission under section 801 (relating to functions of the
				former Office of Election Administration of the FEC).
									(6)Any functions
				transferred to the Commission under section 802 (relating to functions
				described in section 9(a) of the National Voter Registration Act of
				1993).
									(7)Any functions of
				the Commission under section 1604(a) of the National Defense Authorization Act
				for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1277;
				42 U.S.C.
				1977ff note) (relating to establishing guidelines and providing
				technical assistance with respect to electronic voting demonstration projects
				of the Secretary of Defense).
									(8)Any functions of
				the Commission under section 589(e)(1) of the Military and Overseas Voter
				Empowerment Act (42 U.S.C. 1973ff–7(e)(1))
				(relating to providing technical assistance with respect to technology pilot
				programs for the benefit of absent uniformed services voters and overseas
				voters).
									1012.Effective
				dateThe transfers under this
				subtitle shall take effect on the Commission termination date described in
				section
				1004.
								.
				(b)Clerical
			 amendmentThe table of contents of such Act is amended by adding
			 at the end the following:

							Title X—Termination of
				Commission
							Subtitle A—Termination
							Sec. 1001. Termination.
							Sec. 1002. Transfer of operations to
				Office of Management and Budget during transition.
							Sec. 1003. Savings provisions.
							Sec. 1004. Commission termination
				date.
							Subtitle B—Transfer of Certain
				Authorities
							Sec. 1011. Transfer of election
				administration functions to Federal Election Commission.
							Sec. 1012. Effective
				date.

						.
				202.Replacement of
			 standards board and board of advisors with guidelines review board
				(a)ReplacementPart 2 of subtitle A of title II of the
			 Help America Vote Act of 2002 (42 U.S.C. 15341 et seq.) is
			 amended to read as follows:

						2Guidelines Review
				Board
							211.EstablishmentThere is established the Guidelines Review
				Board (hereafter in this part referred to as the Board).
							212.DutiesThe Board shall, in accordance with the
				procedures described in part 3, review the voluntary voting system guidelines
				under such part.
							213.Membership
								(a)In
				generalThe Board shall be
				composed of 82 members appointed as follows:
									(1)One State or local
				election official from each State, to be selected by the chief State election
				official of the State, who shall take into account the needs of both State and
				local election officials in making the selection.
									(2)Two members
				appointed by the National Conference of State Legislatures.
									(3)Two members appointed by the National
				Association of Secretaries of State.
									(4)Two members appointed by the National
				Association of State Election Directors.
									(5)Two members appointed by the National
				Association of County Recorders, Election Administrators, and Clerks.
									(6)Two members appointed by the Election
				Center.
									(7)Two members appointed by the International
				Association of County Recorders, Election Officials, and Treasurers.
									(8)Two members appointed by the United States
				Commission on Civil Rights.
									(9)Two members appointed by the Architectural
				and Transportation Barrier Compliance Board under section 502 of the
				Rehabilitation Act of 1973 (29 U.S.C. 792).
									(10)The chief of the
				Voting Section of the Civil Rights Division of the Department of Justice or the
				chief's designee.
									(11)The director of
				the Federal Voting Assistance Program of the Department of Defense.
									(12)The Director of
				the National Institute of Standards and Technology or the Director’s
				designee.
									(13)Four members
				representing professionals in the field of science and technology, of
				whom—
										(A)one each shall be
				appointed by the Speaker and the minority leader of the House of
				Representatives; and
										(B)one each shall be
				appointed by the majority leader and the minority leader of the Senate.
										(14)Four members
				representing voter interests, of whom—
										(A)one each shall be
				appointed by the chair and ranking minority member of the Committee on House
				Administration of the House of Representatives; and
										(B)one each shall be
				appointed by the chair and ranking minority member of the Committee on Rules
				and Administration of the Senate.
										(b)Manner of
				appointments
									(1)In
				generalAppointments shall be made to the Board under subsection
				(a) in a manner which ensures that the Board will be bipartisan in nature and
				will reflect the various geographic regions of the United States.
									(2)Special rule for
				certain appointmentsThe two individuals who are appointed as
				members of the Board under each of the paragraphs (2) through (9) of subsection
				(a) may not be members of the same political party.
									(c)Term of service;
				vacancyMembers of the Board
				shall serve for a term of 2 years, and may be reappointed. Any vacancy in the
				Board shall be filled in the manner in which the original appointment was
				made.
								(d)Executive
				board
									(1)In
				generalNot later than 60
				days after the day on which the appointment of its members is completed, the
				Board shall select nine of its members to serve as the Executive Board of the
				Guidelines Review Board, of whom—
										(A)not more than five
				may be State election officials;
										(B)not more than five
				may be local election officials; and
										(C)not more than five
				may be members of the same political party.
										(2)TermsExcept as provided in paragraph (3),
				members of the Executive Board of the Board shall serve for a term of 2 years
				and may not serve for more than 3 consecutive terms.
									(3)Staggering of
				initial termsOf the members
				first selected to serve on the Executive Board of the Board—
										(A)three shall serve
				for 1 term;
										(B)three shall serve
				for 2 consecutive terms; and
										(C)three shall serve
				for 3 consecutive terms,
										as
				determined by lot at the time the members are first appointed.(4)DutiesThe
				Executive Board of the Board shall carry out such duties of the Board as the
				Board may delegate.
									(e)Bylaws;
				delegation of authorityThe Board may promulgate such bylaws as
				it considers appropriate to provide for the operation of the Board, including
				bylaws that permit the Executive Board to grant to any of its members the
				authority to act on behalf of the Executive Board.
								214.Powers; no
				compensation for service
								(a)Hearings and
				sessions
									(1)In
				generalTo the extent that
				funds are made available by the Federal Election Commission, the Board may hold
				such hearings for the purpose of carrying out this Act, sit and act at such
				times and places, take such testimony, and receive such evidence as the Board
				considers advisable to carry out this title, except that the Board may not
				issue subpoenas requiring the attendance and testimony of witnesses or the
				production of any evidence.
									(2)MeetingsThe
				Board shall hold a meeting of its members—
										(A)not less frequently than once every 2 years
				for purposes selecting the Executive Board and voting on the voluntary voting
				system guidelines referred to it under section 222; and
										(B)at such other times as it considers
				appropriate for purposes of conducting such other business as it considers
				appropriate consistent with this title.
										(b)Information from
				Federal agenciesThe Board
				may secure directly from any Federal department or agency such information as
				the Board considers necessary to carry out this Act. Upon request of the
				Executive Board, the head of such department or agency shall furnish such
				information to the Board.
								(c)Postal
				servicesThe Board may use
				the United States mails in the same manner and under the same conditions as a
				department or agency of the Federal Government.
								(d)Administrative
				support servicesUpon the
				request of the Executive Board, the Administrator of the General Services
				Administration shall provide to the Board, on a reimbursable basis, the
				administrative support services that are necessary to enable the Board to carry
				out its duties under this title.
								(e)No compensation
				for serviceMembers of the
				Board shall not receive any compensation for their service, but shall be paid
				travel expenses, including per diem in lieu of subsistence, at rates authorized
				for employees of agencies under subchapter I of
				chapter
				57 of title 5, United States Code, while away from their homes
				or regular places of business in the performance of services for the
				Board.
								215.Status of board
				and members for purposes of claims against board
								(a)In
				generalThe provisions of
				chapters 161 and 171 of title 28, United States Code, shall apply with respect
				to the liability of the Board and its members for acts or omissions performed
				pursuant to and in the course of the duties and responsibilities of the
				Board.
								(b)Exception for
				Criminal Acts and Other Willful ConductSubsection (a) may not be construed to
				limit personal liability for criminal acts or omissions, willful or malicious
				misconduct, acts or omissions for private gain, or any other act or omission
				outside the scope of the service of a member of the
				Board.
								.
				(b)Conforming
			 amendments
					(1)Membership on
			 technical guidelines development committeeSection 221(c)(1) of such Act
			 (42 U.S.C.
			 15361(c)(1)) is amended—
						(A)in subparagraph
			 (A), by striking clauses (i) and (ii) and inserting the following:

								(i)Members of the Guidelines Review
				Board.
								;
						(B)by redesignating
			 clause (iii) of subparagraph (A) as clause (ii); and
						(C)in subparagraph
			 (D), by striking Standards Board or Board of Advisors and
			 inserting Guidelines Review Board.
						(2)Consideration of
			 proposed guidelinesSection 222(b) of such Act (42 U.S.C.
			 15362(b)) is amended—
						(A)in the heading, by
			 striking Board of
			 Advisors and Standards Board and inserting
			 Guidelines Review
			 Board; and
						(B)by striking
			 paragraphs (2) and (3) and inserting the following:

								(2)Guidelines
				review boardThe Executive
				Director of the Commission shall submit the guidelines proposed to be adopted
				under this part (or any modifications to such guidelines) to the Guidelines
				Review
				Board.
								.
						(3)Review of
			 proposed guidelinesSection 222(c) of such Act (42 U.S.C.
			 15362(c)) is amended by striking the Board of Advisors
			 and the Standards Board shall each review and inserting the
			 Guidelines Review Board shall review.
					(4)Final adoption
			 of proposed guidelinesSection 222(d) of such Act (42 U.S.C.
			 15362(d)) is amended by striking the Board of Advisors
			 and the Standards Board each place it appears in paragraphs (1) and (2)
			 and inserting the Guidelines Review Board.
					(5)Assistance with
			 NIST review of testing laboratoriesSection 231(c)(1) of such Act
			 (42 U.S.C.
			 15371(c)(1)) is amended by striking the Standards Board
			 and the Board of Advisors and inserting the Guidelines Review
			 Board.
					(6)Assisting FEC
			 with development of standardized format for reports on absentee ballots of
			 absent uniformed services and overseas votersSection 703(b) of
			 such Act (42
			 U.S.C. 1973ff–1 note) is amended by striking the
			 Election Assistance Commission Board of Advisors and the Election Assistance
			 Commission Standards Board and inserting the Guidelines Review
			 Board.
					(c)Clerical
			 amendmentThe table of contents of such Act is amended by
			 amending the item relating to part 2 of subtitle A of title II to read as
			 follows:

							Part 2—Guidelines Review Board
							Sec. 211. Establishment.
							Sec. 212. Duties.
							Sec. 213. Membership.
							Sec. 214. Powers; no compensation for
				service.
							Sec. 215. Status of Board and members for
				purposes of claims against
				Board.

						.
				(d)Effective
			 DateThe amendments made by this section shall take effect on the
			 Commission termination date described in section 1004 of the Help America Vote
			 Act of 2002 (as added by section 201(a)).
				203.Special
			 requirements relating to transfer of certain authorities to federal election
			 commission
				(a)Development and
			 adoption of voluntary voting system guidelines
					(1)In
			 generalPart 3 of subtitle A
			 of title II of the Help America Vote Act of 2002 (42 U.S.C. 15361 et
			 seq.) is amended by adding at the end the following new
			 section:

							223.Transfer of
				authority to federal election commission
								(a)TransferEffective on the Commission termination
				date described in section 1004, the Federal Election Commission (hereafter in
				this section referred to as the FEC) shall be responsible for
				carrying out the duties and functions of the Commission under this part.
								(b)Role of Staff
				DirectorThe FEC shall carry out the operation and management of
				its duties and functions under this part through the Office of the Staff
				Director of the
				FEC.
								.
					(2)Clerical
			 amendmentThe table of contents of such Act is amended by adding
			 at the end of the item relating to part 3 of subtitle A of title II the
			 following:

								Sec. 223. Transfer of authority to Federal
				Election
				Commission.

							.
					(b)Testing,
			 Certification, Decertification, and Recertification of Voting System Hardware
			 and Software
					(1)In
			 generalSubtitle B of title
			 II of such Act (42
			 U.S.C. 15371 et seq.) is amended by adding at the end the
			 following new section:

							232.Transfer of
				authority to federal election commission
								(a)Transfer
									(1)In
				generalEffective on the Commission termination date described in
				section 1004, the Federal Election Commission (hereafter in this section
				referred to as the FEC) shall be responsible for carrying out
				the duties and functions of the Commission under this subtitle.
									(2)Role of Staff
				DirectorThe FEC shall carry out the operation and management of
				its duties and functions under this subtitle through the Office of the Staff
				Director of the FEC.
									(b)Transfer of
				Office of Voting System Testing and Certification
									(1)In
				generalThere are transferred
				to the FEC all functions that the Office of Voting System Testing and
				Certification of the Commission (hereafter in this section referred to as the
				Office) exercised under this subtitle before the Commission
				termination date.
									(2)Transfer of
				Property, Records, and Personnel
										(A)Property and
				recordsThe contracts,
				liabilities, records, property, appropriations, and other assets and interests
				of the Office, together with the unexpended balances of any appropriations or
				other funds available to the Office, are transferred and made available to the
				FEC.
										(B)Personnel
											(i)In
				generalThe personnel of the
				Office are transferred to the FEC, except that the number of full-time
				equivalent personnel so transferred may not exceed the number of full-time
				equivalent personnel of the Office as of January 1, 2011.
											(ii)Treatment of
				employees at time of transferAn individual who is an employee of
				the Office who is transferred under this section shall not be separated or
				reduced in grade or compensation because of the transfer during the 1-year
				period that begins on the date of the
				transfer.
											.
					(2)Clerical
			 amendmentThe table of contents of such Act is amended by adding
			 at the end of the items relating to subtitle B of title II the
			 following:

								Sec. 232. Transfer of authority to Federal
				Election
				Commission.

							.
					(c)Development of
			 standardized format for reports on absentee balloting by absent uniformed
			 services voters and overseas votersSection 703(b) of such Act
			 (42 U.S.C.
			 1973ff–1 note) is amended by adding at the end the following:
			 Effective on the Commission termination date described in section 1004,
			 the Federal Election Commission shall be responsible for carrying out the
			 duties and functions of the Commission under this subsection..
				204.Conforming
			 Amendments to Other Laws
				(a)Federal Election
			 Campaign Act of 1971
					(1)Duties of
			 FECSection 311(a) of the Federal Election Campaign Act of 1971
			 (2 U.S.C.
			 438(a)) is amended—
						(A)by striking
			 and at the end of paragraph (8);
						(B)by striking the
			 period at the end of paragraph (9) and inserting a semicolon; and
						(C)by adding at the
			 end the following new paragraphs:

								(10)provide for the adoption of voluntary
				voting system guidelines, in accordance with part 3 of subtitle A of title II
				of the Help America Vote Act of 2002 (42 U.S.C. 15361 et seq.);
								(11)provide for the
				testing, certification, decertification, and recertification of voting system
				hardware and software by accredited laboratories, in accordance with subtitle B
				of title II of the Help America Vote Act of 2002 (42 U.S.C. 15371 et
				seq.);
								(12)maintain a clearinghouse of information on
				the experiences of State and local governments in implementing voluntary voting
				system guidelines and in operating voting systems in general;
								(13)carry out the
				duties described in section 9(a) of the National Voter Registration Act of
				1993;
								(14)develop a standardized format for reports
				submitted by States under section 102(c) of the Uniformed and Overseas Citizens
				Absentee Voting Act, make such format available to States and units of local
				government submitting such reports, and receive such reports in accordance with
				section 102(c) of such Act, in accordance with section 703(b) of the Help
				America Vote Act of 2002;
								(15)carry out the duties described in section
				1604(a)(2) of the National Defense Authorization Act for Fiscal Year 2002
				(Public Law
				107–107; 115 Stat. 1277;
				42 U.S.C.
				1977ff note); and
								(16)carry out the duties described in section
				589(e)(1) of the Military and Overseas Voter Empowerment Act (42 U.S.C.
				1973ff–7(e)(1)).
								.
						(2)Authorization to
			 enter into private contracts to carry out functionsSection 311
			 of such Act (2 U.S.C.
			 438) is amended by adding at the end the following new
			 subsection:

							(g)Subject to applicable laws, the Commission
				may enter into contracts with private entities to carry out any of the
				authorities that are the responsibility of the Commission under paragraphs (10)
				through (16) of subsection
				(a).
							.
					(3)Limitation on
			 authority to impose requirements on States and units of local
			 governmentSection 311 of such Act (2 U.S.C. 438), as
			 amended by paragraph (2), is further amended by adding at the end the following
			 new subsection:

							(h)Nothing in paragraphs (10) through (16) of
				subsection (a) or any other provision of this Act shall be construed to grant
				the Commission the authority to issue any rule, promulgate any regulation, or
				take any other actions that imposes any requirement on any State or unit of
				local government, except to the extent that the Commission had such authority
				prior to the enactment of this subsection or to the extent permitted under
				section 9(a) of the National Voter Registration Act of 1993 (42 U.S.C.
				1973gg–7(a)).
							.
					(b)National voter
			 registration act of 1993Section 9(a) of the National Voter
			 Registration Act of 1993 (42 U.S.C. 1973gg–7(a)) is
			 amended by striking Election Assistance Commission and inserting
			 Federal Election Commission.
				(c)Uniformed and
			 Overseas Citizens Absentee Voting Act
					(1)Development of
			 standards for State reportsSection 101(b)(11) of the Uniformed and
			 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(11)) is
			 amended by striking the Election Assistance Commission and
			 inserting the Federal Election Commission.
					(2)Receipt of
			 reports on number of absentee ballots transmitted and
			 receivedSection 102(c) of such Act (42 U.S.C.
			 1973ff–1(c)) is amended by striking the Election
			 Assistance Commission (established under the Help America Vote Act of
			 2002) and inserting the Federal Election
			 Commission.
					(d)Electronic
			 Voting Demonstration Projects for Secretary of DefenseSection 1604(a)(2) of the National Defense
			 Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1277;
			 42 U.S.C.
			 1977ff note) is amended by striking the Election
			 Assistance Commission and inserting the Federal Election
			 Commission.
				(e)Technology Pilot
			 Program for Absent Military and Overseas VotersSection 589(e)(1) of the Military and
			 Overseas Voter Empowerment Act (42 U.S.C. 1973ff–7(e)(1)) is
			 amended by striking Election Assistance Commission and inserting
			 Federal Election Commission.
				(f)Effective
			 DateThe amendments made by this section shall take effect on the
			 Commission termination date described in section 1004 of the Help America Vote
			 Act of 2002 (as added by section 201(a)).
				205.Other
			 conforming amendments relating to termination
				(a)Hatch
			 ActSection
			 7323(b)(2)(B)(i)(I) of title 5, United States Code, is amended
			 by striking or the Election Assistance Commission.
				(b)Senior Executive
			 ServiceSection 3132(a)(1)(C) of title 5,
			 United States Code, is amended by striking or the Election Assistance
			 Commission.
				(c)Inspector
			 General Act of 1978Section 8G(a)(2) of the Inspector General Act
			 of 1978 (5 U.S.C. App.) is amended by striking the Election Assistance
			 Commission,.
				(d)Effective
			 DateThe amendments made by this section shall take effect on the
			 Commission termination date described in section 1004 of the Help America Vote
			 Act of 2002 (as added by section 201(a)).
				206.Studies
				(a)Procedures for
			 adoption and modification of voluntary voting system guidelines
					(1)StudyThe Comptroller General shall conduct a
			 study of the procedures used to adopt and modify the voluntary voting system
			 guidelines applicable to the administration of elections for Federal office,
			 and shall develop recommendations on methods to improve such procedures, taking
			 into account the needs of persons affected by such guidelines, including State
			 and local election officials, voters with disabilities, absent military and
			 overseas voters, and the manufacturers of voting systems.
					(2)ReportNot
			 later than 2 years after the date of the enactment of this Act, the Comptroller
			 General shall submit a report to Congress on the study conducted under
			 paragraph (1), and shall include in the report the recommendations developed
			 under such paragraph.
					(b)Procedures for
			 voting system testing and certification
					(1)StudyThe
			 Federal Election Commission shall conduct a study of the procedures for the
			 testing, certification, decertification, and recertification of voting system
			 hardware and software used in elections for Federal office, and shall develop a
			 recommendation on the entity that is best suited to oversee and carry out such
			 procedures, taking into consideration the needs of persons affected by such
			 procedures, including State and local election officials, voters with
			 disabilities, absent military and overseas voters, and the manufacturers of
			 voting systems.
					(2)ReportNot later than 2 years after the date of
			 the enactment of this Act, the Federal Election Commission shall submit a
			 report to Congress on the study conducted under paragraph (1), and shall
			 include in the report the recommendation developed under such paragraph.

			Passed the House of
			 Representatives December 1, 2011.
			Karen L. Haas,
			Clerk


		I
		112th CONGRESS
		2d Session
		H. R. 6239
		IN THE HOUSE OF REPRESENTATIVES

			July 31, 2012
			Mr. Graves of
			 Missouri introduced the following bill; which was referred to the
			 Committee on
			 Agriculture

		A BILL
		To amend the Food and Nutrition Act of 2008 to prevent
		  the payment of cash to recipients of supplemental nutrition assistance for the
		  return of empty bottles and cans used to contain food purchased with benefits
		  provided under such Act.

		1.Short titleThis Act may be cited as the
			 SNAP Fraud Prevention Act of
			 2012.
		2.AmendmentsSection 3(k)(1) of the Food and Nutrition
			 Act of 2008 (7 U.S.C. 2012(k)(1)) is amended—
			(1)by striking
			 and hot foods and inserting hot foods, and
			(2)by adding at the end the following:

					and any
				deposit fee in excess of amount of the State fee reimbursement (if any)
				required to purchase any food or food product contained in a returnable bottle
				or can, regardless of whether such fee is included in the shelf price posted
				for such food or food
				product,.
			3.Effective
			 dateThis Act and the
			 amendments made by this Act shall take effect 180 days after the date of the
			 enactment of this Act.


117 HR 654 IH: Drug-Free Communities Pandemic Relief Act
U.S. House of Representatives
2021-02-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 654IN THE HOUSE OF REPRESENTATIVESFebruary 1, 2021Mr. Joyce of Ohio (for himself and Mr. Kilmer) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo provide the Administrator of the Drug-Free Communities Support Program the authority to waive the Federal fund limitation for the Drug-Free Communities Support Program.1.Short titleThis Act may be cited as the Drug-Free Communities Pandemic Relief Act.2.Waiver of Federal fund limitation for the Drug-Free Communities Support Program(a)In generalSubject to subsection (b), if the Administrator of the Drug-Free Communities Support Program determines that, as a result of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) as a result of COVID–19, an eligible coalition is unable to raise the amount of non-Federal funds, including in-kind contributions, agreed to be raised by the coalition for a fiscal year under an agreement entered into with the Administrator pursuant to paragraph (1)(A) or (3) of section 1032(b) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532(b)), the Administrator may, notwithstanding such paragraphs, provide to the eligible coalition the grant or renewal grant, as applicable, for that fiscal year in an amount—(1)with respect to an initial grant or renewal grant described under paragraph (1)(A) or (3)(A) of such section, that exceeds the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year;(2)with respect to a renewal grant described under paragraph (3)(D)(i) of such section, that exceeds 125 percent of the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year; and(3)with respect to a renewal grant described under paragraph (3)(D)(ii) of such section, that exceeds 150 percent of the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year.(b)LimitationThe Administrator may not provide a grant or renewal grant to an eligible coalition in an amount exceeding the amount of funds initially agreed to be provided by the Administrator under the applicable agreement.


		II
		112th CONGRESS
		1st Session
		S. 407
		IN THE SENATE OF THE UNITED STATES

			February 17, 2011
			Mr. Crapo (for himself,
			 Mr. Ensign, Mr.
			 Lee, Mr. Enzi,
			 Mr. Risch, Mr.
			 Barrasso, Mr. Hatch,
			 Mr. Roberts, and
			 Ms. Murkowski) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To amend the Act of June 8, 1906, to require certain
		  procedures for designating national monuments, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 National Monument Designation
			 Transparency and Accountability Act of 2011.
		2.Limitation on
			 designation of national monumentsSection 2 of the Act of June 8, 1906
			 (commonly known as the Antiquities Act of 1906) (16 U.S.C. 431)
			 is amended—
			(1)by striking
			 Sec.
			 2. That the President and inserting the
			 following:

					2.Designation of
				national monuments
						(a)In
				generalSubject to the
				requirements of this section, the
				President
						;
			(2)by striking
			 Provided, That when such objects are situated
			 upon and inserting the following:

					(b)Relinquishment
				of private claimsIn cases in which an object described in
				subsection (a) is located
				on
					;
			(3)in subsection (a)
			 (as designated by paragraph (1)), by striking compatible with the proper
			 care and mangagement of the objects to be protected: and inserting
			 necessary to ensure the proper care and mangagement of the objects to be
			 protected.; and
			(4)by adding at the
			 end the following:

					(c)Requirements for
				designation of national monuments
						(1)In
				generalThe President may not issue a proclamation to designate a
				national monument under subsection (a) before the date that is 30 days after
				the date on which the President provides the proposed proclamation to—
							(A)Congress;
				and
							(B)the Governor of
				each State, the chief elected official of each unit of local government, and
				the governing entity of each tribal government with jurisdiction over any
				parcel of land located within the boundary of the proposed national
				monument.
							(2)Public
				participation
							(A)Public hearing
				requirement
								(i)In
				generalSubject to clause
				(v), not later than 90 days after the date on which the President issues a
				proclamation under subsection (a), the Secretary of the Interior (referred to
				in this section as the Secretary) shall hold at least 1 public
				hearing within a county or comparable unit of local government, any part of
				which is located within the boundary of the proposed national monument.
								(ii)NoticeNot later than 30 days before a public
				hearing is to be held under clause (i), the Secretary shall provide notice of
				the hearing to the public, including by publishing a notice in local newspapers
				and sending a written notice to stakeholders of the appropriate National Forest
				or Bureau of Land Management district.
								(iii)Participation;
				commentsThe Secretary
				shall—
									(I)ensure that all interested individuals are
				afforded an opportunity to participate in a hearing held under clause
				(i);
									(II)solicit comments from the public at the
				hearing; and
									(III)enter into the record all comments received
				at, or related to, the hearing.
									(iv)Availability of
				record
									(I)In
				generalAs soon as
				practicable after the date of a hearing held under clause (i), the Secretary
				shall make the record of the hearing (including a transcript of the hearing)
				available to the public on the Internet or by other electronic means.
									(II)ComponentsThe Secretary shall ensure that any
				components of the record of the hearing that are completed before the entire
				record is finalized are made available on completion of each of the
				components.
									(v)WaiverThe Secretary may decline to hold a public
				hearing under clause (i) if each unit of local government and tribal government
				within the boundary of the proposed national monument expressly waives the
				right to a hearing.
								(B)Notice and
				comment period requirementNot later than 30 days after the date on
				which the President issues a proclamation under subsection (a), the Secretary
				shall initiate a notice and comment period to receive comments from the public
				regarding the proclamation.
							(C)Report
								(i)ContentsNot
				later than 1 year after the date on which the President issues a proclamation
				designating a national monument under subsection (a), the President shall
				submit to Congress a report that includes—
									(I)an analysis of the
				economic impact of the designation on the communities within the boundary of
				the national monument, including an estimate of the tax revenues that would be
				lost to, or gained by, the Federal Government and State and local governments
				as a result of the designation;
									(II)an analysis of
				the impact the designation would have on energy security, including—
										(aa)an analysis of
				the effects of the loss of sites to produce wind, geothermal, or solar energy;
				and
										(bb)an estimate of
				the number of barrels of oil, tons of coal, or cubic feet of natural gas that
				would become unavailable as a result of the proclamation;
										(III)the projected
				impact of the designation on interests, rights, and uses associated with the
				parcels of land within the boundary of the national monument (including water
				rights, hunting, grazing, timber production, vegetation manipulation to
				maintain forest health, off-road vehicle use, hiking, horseback riding, and
				mineral and energy leases, claims, and permits);
									(IV)the record of any
				hearings held under subparagraph (A); and
									(V)any written
				comments received during the notice and comment period under subparagraph
				(B).
									(ii)Required
				coordinationThe preparation of the report under clause (i) shall
				be coordinated with the governing bodies described in section 210 of the
				Federal Land Policy and Management Act of 1976 (43 U.S.C. 1720).
								(iii)PublicationThe
				President shall ensure that there is published on the White House
				website—
									(I)during the period
				in which the report prepared under clause (i) is being compiled, each component
				of the report that is completed, on completion of the component; and
									(II)on submission of
				the report to Congress, the completed report.
									(D)Implementation
				guidelinesThe Secretary, in cooperation with the States, shall
				develop and publish guidelines to provide for the implementation of this
				paragraph.
							(3)Congressional
				approval of proclamation
							(A)Approval
				requiredA proclamation issued under subsection (a) shall cease
				to be effective on the date that is 2 years after the date on which the
				President issued the proclamation, unless the proclamation is approved by an
				Act of Congress on or before the last day of that 2-year period.
							(B)Management of
				land before approvalDuring
				the period beginning on the date of issuance of a proclamation under subsection
				(a) and the date of approval of the proclamation under subparagraph (A), the
				President shall ensure that any restriction placed on land and interests,
				rights, or uses associated with the parcels of land designated as a national
				monument (including water rights, hunting, grazing, timber production,
				vegetation manipulation to maintain forest health, off-road vehicle use,
				hiking, horseback riding, and mineral and energy leases, claims, and permits)
				is narrowly tailored and necessary for the proper care and management of the
				objects to be protected.
							(C)Effect of
				nonapprovalIf Congress does
				not approve a proclamation to designate a national monument under subparagraph
				(A), any reservation of land made by the proclamation, and any restriction
				imposed as a result of the proclamation on interests, rights, or uses
				associated with the parcels of land, shall cease to be effective on the date
				that is 2 years after the date of the issuance of the proclamation.
							(D)Prohibition on
				repeat proclamationsThe President may not issue a proclamation
				that is substantially similar to a proclamation previously issued under
				subsection (a) that Congress has not approved under subparagraph (A).
							(d)Limitation on
				restrictionsThe President
				shall ensure that any restriction placed on land and interests, rights, or uses
				associated with the parcels of land designated as a national monument by a
				proclamation issued under this section is narrowly tailored and necessary to
				ensure the proper care and management of the objects to be protected.
					(e)Effect on
				certain StatesNothing in
				this section affects—
						(1)the limitations on designations in the
				State of Alaska under section 906(j)(5) of the Alaska National Interest Lands
				Conservation Act (43 U.S.C. 1635(j)(5)); or
						(2)the limitations on designations in the
				State of Wyoming under the proviso of the last sentence of the first section of
				the Act of September 14, 1950 (64 Stat. 849, chapter 950; 16 U.S.C.
				431a).
						.