112 S361 IS: Seven Point Plan for Growing Jobs Act
U.S. Senate
2011-02-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		112th CONGRESS
		1st Session
		S. 361
		IN THE SENATE OF THE UNITED STATES

			February 16, 2011
			Ms. Collins introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to provide tax
		  relief for small businesses, and for other purposes.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited
			 as the Seven Point Plan for Growing
			 Jobs Act.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					TITLE I—Job training and workforce development
					Sec. 101. Manufacturing Job Training National
				Program.
					Sec. 102. Workforce development and economic assistance to BRAC
				communities.
					Sec. 103. Department of Labor Efficiency Report.
					TITLE II—Deep offshore wind energy research, development,
				demonstration, and commercial application
					Sec. 201. Definitions.
					Sec. 202. Offshore wind energy research and deployment
				program.
					Sec. 203. National offshore wind energy research, development,
				and demonstration centers.
					Sec. 204. Authorization of appropriations.
					TITLE III—Small business tax relief
					Sec. 301. Temporary employer payroll tax cut.
					Sec. 302. 15-year straight-line cost recovery for qualified
				leasehold improvements, qualified restaurant buildings and improvements,
				qualified retail improvements, and other nonresidential real property and
				residential rental property.
					Sec. 303. Repeal of sunset on increased limitations on, and on
				expansion of, small business expensing.
					Sec. 304. Repeal of expansion of information reporting
				requirements.
					Sec. 305. Extension and modification of research
				credit.
					TITLE IV—Regulatory reform
					Sec. 401. Regulatory reform.
					Sec. 402. Reduction or waiver of civil penalties imposed on
				small entities.
					TITLE V—Interstate highway vehicle weight limits
					Sec. 501. Interstate highway vehicle weight limits in Maine and
				Vermont.
					TITLE VI—Ethanol subsidies repeal
					Sec. 601. Elimination of tax subsidies for ethanol
				fuel.
					Sec. 602. Removal of tariffs on ethanol.
					TITLE VII—Spending limitations
					Sec. 701. Discretionary spending limits.
					Sec. 702. Adjusted gross income limitation for recipients of
				farm subsidies.

			IJob
			 training and workforce development
			101.Manufacturing
			 Job Training National Program
				(a)ProgramSubtitle
			 D of title I of the Workforce Investment Act of 1998 is amended by inserting
			 after section 173A (29 U.S.C. 2918a) the following:

						173B.Manufacturing
				job training National Program
							(a)PurposeThe
				purpose of this section is to support programs of employment and training
				activities for manufacturing-related jobs, in order—
								(1)to enable
				participants to develop skills that are readily applicable to
				manufacturing;
								(2)to develop a
				workforce with the skills necessary to obtain employment;
								(3)to make such
				participants more competitive in the workforce;
								(4)to encourage
				individuals to develop skills and continue to advance professionally within
				manufacturing fields; and
								(5)to ensure that
				programs of employment and training activities are meeting the needs of the
				manufacturers.
								(b)National
				program authorized
								(1)ProgramThe
				Secretary shall establish a Manufacturing Job Training National Program.
								(2)Grants
									(A)In
				generalThe Secretary shall make grants through the Program, on a
				competitive basis, to eligible entities.
									(B)Planning and
				development grantsThe Secretary shall make such grants, for
				periods of 1 year, to enable the entities to plan and develop programs
				described in subsection (f)(1).
									(C)Implementation
				grantsThe Secretary shall make such grants, for periods of not
				less than 1 and not more than 3 years, to implement programs described in
				subsection (f)(2).
									(c)Eligible
				entitiesTo be eligible to receive a grant under this section, an
				entity shall be a Governor, a State agency with responsibility for labor
				programs, or a State designated agency described in section 122(i).
							(d)Program
				plan
								(1)In
				generalTo be eligible to receive a grant under this section, an
				entity shall submit a program plan to the Secretary at such time, in such
				manner, and containing such information as the Secretary may require, including
				a strategy for meeting the needs of workers to develop skills for
				manufacturing-related jobs.
								(2)ContentsSuch
				plan shall—
									(A)be consistent
				with the purpose described in subsection (a);
									(B)be written in
				conjunction with local manufacturers, economic development agencies,
				community-based organizations, institutions of higher education (as defined in
				section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), labor
				organizations, or other relevant parties or individuals;
									(C)identify the
				population to be served;
									(D)identify the
				education and employment needs of the population to be served and the manner in
				which the activities to be provided will strengthen the ability of the
				individuals served to obtain or retain employment;
									(E)describe the
				activities to be provided; and
									(F)describe
				performance measures for the program.
									(e)PriorityIn
				making the grants, the Secretary shall give priority consideration to entities
				proposing programs to develop skills for manufacturing jobs as shipbuilders,
				ship fitters, welders, electricians, fabricators, pipe fitters, machinists,
				mechanics, metals inspectors, electrical engineers, or chemical engineers, in
				pulp and paper science disciplines, or in related fields.
							(f)Authorized
				activities
								(1)Planning and
				developmentAn entity that receives a grant under subsection
				(b)(2)(B) may use the funds made available through the grant to plan and
				develop a new program of employment and training activities that targets the
				specific needs of a manufacturer.
								(2)Program
				implementationAn entity that receives a grant under subsection
				(b)(2)(C) may use the funds made available through the grant to implement a
				program of employment and training activities that targets the specific needs
				of a
				manufacturer.
								.
				(b)Authorization
			 of appropriationsSection 174 of the Workforce Investment Act of
			 1998 (29 U.S.C. 2919) is amended by adding at the end the following:

						(d)Manufacturing
				Job TrainingThere is authorized to be appropriated to carry out
				section 173B $80,000,000 for each of fiscal years 2012 through
				2016.
						.
				102.Workforce
			 development and economic assistance to BRAC communities
				(a)Workforce
			 development amendments
					(1)In
			 generalSection 202 of the Public Works and Economic Development
			 Act of 1965 (42 U.S.C. 3142) is amended—
						(A)by striking
			 Notwithstanding any other provision and inserting the
			 following:

								(c)No requirement
				of titleNotwithstanding any other
				provision
								; and

						(B)by inserting
			 before subsection (c) (as redesignated by subparagraph (A)) the
			 following:

								(a)DefinitionsIn
				this section:
									(1)BRAC
				2005The term BRAC 2005 means the base realignment
				and closure activities established by the Secretary of Defense in 2005.
									(2)BRAC eligible
				recipientThe term BRAC eligible recipient means an
				eligible recipient that is affected by BRAC 2005.
									(3)ReportThe
				term report means the report of the 2005 Defense Base Closure and
				Realignment entitled 2005 Defense Base Closure and Realignment
				Commission Report and dated September 8, 2005.
									(b)Assistance to
				eligible recipients affected by BRAC
									(1)In
				generalThe Secretary shall provide to BRAC eligible recipients
				not less than 25 percent of any amounts made available for grants under this
				title that are projected to experience a net loss of jobs as a result of BRAC
				2005, as determined in the report.
									(2)Criteria for
				grantTo receive a grant under this title, a BRAC eligible
				recipient described in paragraph (1) shall comply with all requirements
				described in this title.
									(3)Priority
										(A)In
				generalIn making grants available to a BRAC eligible recipient
				under this section, the Secretary shall give priority to a BRAC eligible
				recipient that, as determined in the report, is projected to experience—
											(i)at least 2,000
				direct job losses; or
											(ii)at least 3,000
				indirect job losses.
											(B)Additional
				priorityThe Secretary shall give additional priority to any BRAC
				eligible recipient that, as determined in the report, is projected to
				experience—
											(i)at least 2,000
				direct job losses; and
											(ii)at least 3,000
				indirect job losses.
											(4)ReviewIn
				making grants available to BRAC eligible recipients under this section, the
				Secretary, in conjunction with the Secretary of Labor, shall review each grant
				provided to BRAC eligible recipients under this title to ensure that the BRAC
				eligible recipients are receiving the most appropriate grants and services
				under this
				Act.
									.
						103.Department of
			 Labor Efficiency Report
				(a)Reviews
					(1)Department of
			 Labor job training programsThe Secretary shall review job training
			 programs carried out or supported by the Department of Labor, and identify ways
			 to increase efficiency and reduce duplicative and unnecessary processes and
			 activities in those programs. In particular, the Secretary shall examine ways
			 to reduce paperwork and bureaucratic restrictions with respect to those
			 programs.
					(2)Job training
			 programs generallyIn
			 addition, the Secretary shall review and identify ways in which the Secretary
			 can provide financial assistance, in a cost-effective manner, to workers to
			 enable the workers to participate in short-term job training programs.
					(b)ReportNot later than 60 days after the date of
			 enactment of this Act, the Secretary shall prepare and submit to the
			 appropriate committees of Congress a report that contains the results of the
			 reviews described in subsection (a).
				IIDeep offshore
			 wind energy research, development, demonstration, and commercial
			 application
			201.DefinitionsIn this title:
				(1)Institution of
			 higher educationThe term institution of higher
			 education has the meaning given the term in section 101(a) of the
			 Higher Education Act of 1965 (20
			 U.S.C. 1001(a)).
				(2)National
			 offshore wind centerThe term national offshore wind
			 center means a national offshore wind energy research, development, and
			 demonstration center established under section 203(a).
				(3)ProgramThe
			 term program means a program—
					(A)that includes
			 activities (including the awarding of grants) to support the research,
			 demonstration, and development of commercial applications for deep offshore
			 water wind energy; and
					(B)to be carried out
			 by the Secretary under section 202(a).
					(4)SecretaryThe
			 term Secretary means the Secretary of Energy.
				202.Offshore wind
			 energy research and deployment program
				(a)In
			 generalAs soon as practicable after the date of enactment of
			 this Act, in accordance with subsection (b), the Secretary shall carry out the
			 program—
					(1)to carry out a
			 research, development, and demonstration program to facilitate the deployment
			 of a wind energy program in deep offshore waters of the United States;
					(2)to improve the
			 energy efficiency, reliability, and capacity of offshore wind turbines;
			 and
					(3)to reduce the
			 cost of manufacturing, construction, deployment, generation, and maintenance of
			 offshore wind energy systems.
					(b)Program
			 requirementsThe Secretary shall carry out the program to
			 support—
					(1)the design,
			 demonstration, and deployment of advanced wind turbine foundations and support
			 structures, blades, turbine systems, components, and supporting land- and
			 water-based infrastructure for application in deep offshore water;
					(2)the full-scale
			 testing and establishment of regional demonstrations of deep offshore water
			 wind components and systems to validate technology and performance issues
			 relating to the components;
					(3)for inclusion in
			 a publically accessible database, assessments of the deep offshore water wind
			 resources of the United States, including—
						(A)environmental
			 impacts and benefits;
						(B)siting and
			 permitting issues;
						(C)exclusion zones;
			 and
						(D)transmission
			 needs;
						(4)the design,
			 demonstration, and deployment of integrated sensors, actuators, and advanced
			 materials (including composite materials);
					(5)advanced blade
			 manufacturing activity (including automation, materials, and the assembly of
			 large-scale components) to stimulate the development of the blade manufacturing
			 capacity of the United States;
					(6)methods to assess
			 and mitigate the effects of wind energy systems on marine ecosystems and marine
			 industries; and
					(7)other research
			 areas, as determined to be appropriate by the Secretary.
					203.National
			 offshore wind energy research, development, and demonstration centers
				(a)Duty of
			 SecretaryAs soon as practicable after the date of enactment of
			 this Act, the Secretary shall award, on a competitive basis and with an
			 emphasis on technical merit, grants to institutions of higher education to
			 establish 1 or more national offshore wind centers.
				(b)Selection
			 criteriaIn selecting institutions of higher education under
			 subsection (a), the Secretary shall give preference to institutions of higher
			 education that—
					(1)agree to cover
			 transitional depth and deep offshore water technologies to complement the
			 activities of a national offshore wind center;
					(2)agree to host an
			 offshore wind energy research and development program funded by the Department
			 of Energy in coordination with an engineering program of the institution of
			 higher education;
					(3)employ
			 individuals who have proven expertise relating to the development of novel
			 materials for commercial applications; and
					(4)have access to,
			 and use the resources of—
						(A)the Atlantic
			 Ocean;
						(B)the Gulf of
			 Mexico; or
						(C)the Pacific
			 Ocean.
						(c)RequirementsA
			 national offshore wind center established with funds provided by the Secretary
			 through a grant under subsection (a) shall be designed—
					(1)to focus on
			 deepwater floating offshore wind energy technologies; and
					(2)to facilitate the
			 conduct of initiatives to advance 1 or more activities described in section
			 202(b).
					204.Authorization
			 of appropriationsThere are
			 authorized to be appropriated to the Secretary to carry out this title—
				(1)$50,000,000 for each of fiscal years 2012
			 through 2016; and
				(2)such sums as are
			 necessary for each of fiscal years 2017 through 2021.
				IIISmall business
			 tax relief
			301.Temporary
			 employer payroll tax cut
				(a)In
			 general
					(1)EmployersSection
			 601(a) of the Tax Relief, Unemployment Insurance Reauthorization, and Job
			 Creation Act of 2010 is amended by striking and at the end of
			 paragraph (1), by striking the period at the end of paragraph (2), and by
			 adding at the end the following new paragraph:

							(3)with respect to
				wages paid during the payroll tax holiday period not to exceed $50,000 for each
				employee, the rate of tax under 3111(a) of such Code shall be 4.2 percent
				(including for purposes of determining the applicable percentage under sections
				3221(a) of such
				Code).
							.
					(2)Self-employed
			 individualsSection 601(a)(1) of such Act is amended by inserting
			 (8.40 percent in the case of self-employment income not to exceed
			 $50,000) after 10.40 percent.
					(b)Conforming
			 amendments
					(1)Section 601 of
			 the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of
			 2010 is amended by striking subsection (b).
					(2)Section 601(e)(2)
			 of such Act is amended by striking subsection (a)(2) and
			 inserting paragraphs (2) and (3) of subsection (a).
					(3)The headings for
			 title VI and section 601 of such Act are each amended by striking
			 employee.
					(c)Effective
			 date
					(1)In
			 generalThe amendments made by this section shall apply to wages
			 paid and self-employment income earned after December 31, 2010.
					(2)Special
			 transition rule
						(A)Nonapplication
			 of reduction during first quarterThe amendments made by subsection (a)(1)
			 shall not apply with respect to wages paid during the first calendar quarter of
			 2011.
						(B)Crediting of
			 first quarter exemption during second quarterThe amount by which the tax imposed under
			 sections 3111(a) and 3221(a) of the Internal Revenue Code of 1986 would (but
			 for the application of subparagraph (A)) have been reduced with respect to
			 wages paid by an employer during the first calendar quarter of 2011 shall be
			 treated as a payment against the tax imposed under section 3111(a) of such Code
			 or section 3121(a) of such Code, as the case may be, with respect to the
			 employer for the second calendar quarter of 2011 which is made on the date that
			 such tax is due.
						302.15-year
			 straight-line cost recovery for qualified leasehold improvements, qualified
			 restaurant buildings and improvements, qualified retail improvements, and other
			 nonresidential real property and residential rental property
				(a)Qualified
			 leasehold improvements, qualified restaurant buildings and improvements, and
			 qualified retail improvementsSubparagraph (E) of section
			 168(e)(3) of the Internal Revenue Code of 1986, as amended by the Tax Relief,
			 Unemployment Insurance Reauthorization, and Job Creation Act of 2010, is
			 amended—
					(1)by striking
			 placed in service before January 1, 2012 in clauses (iv) and
			 (v), and
					(2)by striking
			 placed in service after December 31, 2008, and before January 1,
			 2012 in clause (ix).
					(b)Other
			 nonresidential real property and residential rental property
					(1)In
			 generalSubparagraph (E) of section 168(e)(3) of the Internal
			 Revenue Code of 1986 is amended by striking and at the end of
			 clause (viii), by striking the period at the end of clause (ix) and inserting
			 , and,, and by adding at the end the following new
			 clause:

							(x)any
				nonresidential real property or residential rental property not otherwise
				described in any preceding clause of this subparagraph placed in service after
				December 31,
				2011.
							.
					(2)Conforming
			 amendments
						(A)The table
			 contained in section 168(c) of the Internal Revenue Code of 1986 is amended by
			 striking the items relating to residential rental property and nonresidential
			 real property.
						(B)Subparagraph (B)
			 of section 168(e)(2) of such Code is amended by striking which is
			 not and all that follows and inserting which is not residential
			 rental property.
						(C)The table
			 contained in section 168(j)(2) of such Code is amended by striking the last
			 item.
						(D)The table
			 contained in section 467(e)(3)(A) of such Code is amended by striking the next
			 to last item.
						(c)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2011.
				303.Repeal of
			 sunset on increased limitations on, and on expansion of, small business
			 expensing
				(a)Repeal of
			 sunset on increased limitations
					(1)In
			 generalParagraph (1) of section 179(b) of the Internal Revenue
			 Code of 1986, as amended by the Tax Relief, Unemployment Insurance
			 Reauthorization, and Job Creation Act of 2010, is amended by striking
			 shall not exceed— and all that follows and inserting
			 shall not exceed $125,000..
					(2)Reduction in
			 LimitationParagraph (2) of section 179(b) of such Code, as so
			 amended, is amended by striking exceeds— and all that follows
			 and inserting exceeds $500,000..
					(3)Conforming
			 amendmentSubsection (b) of section 179 of such Code, as so
			 amended, is amended by striking paragraph (6).
					(4)Computer
			 softwareClause (ii) of section 179(d)(1)(A) of such Code, as so
			 amended, is amended by striking and before 2013.
					(5)Revocation of
			 electionParagraph (2) of section 179(c) of such Code, as so
			 amended, is amended to read as follows:

							(2)Revocation of
				electionAny election made under this section, and any
				specification contained in any such election, may be revoked by the taxpayer
				with respect to any property, and such revocation, once made, shall be
				irrevocable.
							.
					(b)Repeal of
			 sunset on expansionSubsection (f) of section 179 of such Code,
			 as so amended, is amended—
					(1)by striking
			 beginning in 2010 or 2011 in paragraph (1), and
					(2)by striking
			 paragraph (4) and inserting the following new paragraph:

							(4)Carryover
				limitationFor purposes of applying subsection (b)(3)(B) to any
				taxable year, the amount which is disallowed under subsection (b)(3)(A) for
				such taxable year which is attributed to qualified real property shall be the
				amount which bears the same ratio to the total amount so disallowed as—
								(A)the aggregate
				amount attributable to qualified real property placed in service during such
				taxable year, increased by the portion of any amount carried over to such
				taxable year from a prior taxable year which is attributable to such property,
				bears to
								(B)the total amount
				of section 179 property placed in service during such taxable year, increased
				by the aggregate amount carried over to such taxable year from any prior
				taxable year.
								For
				purposes of the preceding sentence, only section 179 property with respect to
				which an election was made under subsection (c)(1) shall be taken into
				account..
					(c)Effective
			 dateThe amendments made by
			 this section shall apply to taxable years beginning after December 31,
			 2011.
				304.Repeal of
			 expansion of information reporting requirements
				(a)Repeal of
			 payments for property and other gross proceedsSubsection (b) of section 9006 of the
			 Patient Protection and Affordable Care Act, and the amendments made thereby,
			 are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as
			 if such subsection, and amendments, had never been enacted.
				(b)Repeal of
			 application to corporations and regulatory authority
					(1)In
			 generalSection 6041 of the Internal Revenue Code of 1986, as
			 amended by section 9006(a) of the Patient Protection and Affordable Care Act
			 and section 2101 of the Small Business Jobs Act of 2010, is amended by striking
			 subsections (i) and (j).
					(2)Effective
			 dateThe amendment made by this subsection shall apply to
			 payments made after December 31, 2010.
					305.Extension and
			 modification of research credit
				(a)Extension
					(1)In
			 generalSubparagraph (B) of section 41(h)(1) of the Internal
			 Revenue Code of 1986, as amended by the Tax Relief, Unemployment Insurance
			 Reauthorization, and Job Creation Act of 2010, is amended by striking
			 December 31, 2011 and inserting December 31,
			 2016.
					(2)Conforming
			 amendmentSubparagraph (D) of section 45C(b)(1) of such Code, as
			 so amended, is amended by striking December 31, 2011 and
			 inserting December 31, 2016.
					(b)Increase in
			 alternative simplified research creditParagraph (5) of section
			 41(c) of the Internal Revenue Code of 1986 is amended—
					(1)by striking
			 14 percent (12 percent in the case of taxable years ending before
			 January 1, 2009) in subparagraph (A) and inserting 20 percent
			 (14 percent in the case of taxable years ending before January 1,
			 2013), and
					(2)by striking
			 6 percent in subparagraph (B)(ii) and inserting 10
			 percent (7 percent in the case of taxable years ending before January 1,
			 2013).
					(c)Effective
			 dateThe amendments made by this section shall apply to amounts
			 paid or incurred after December 31, 2010.
				IVRegulatory
			 reform
			401.Regulatory
			 reform
				(a)DefinitionsIn this section—
					(1)the term
			 Administrator means the Administrator of the Office of Information
			 and Regulatory Affairs in the Office of Management and Budget;
					(2)the term
			 agency has the same meaning as in section 3502(1) of title 44,
			 United States Code;
					(3)the term
			 economically significant guidance document means a significant
			 guidance document that may reasonably be anticipated to lead to an annual
			 effect on the economy of $100,000,000 or more or adversely affect in a material
			 way the economy or a sector of the economy, except that economically
			 significant guidance documents do not include guidance documents on Federal
			 expenditures and receipts;
					(4)the term
			 disseminated—
						(A)means prepared by
			 an agency and distributed to the public or regulated entities; and
						(B)does not
			 include—
							(i)distribution
			 limited to Federal Government employees;
							(ii)intra- or
			 interagency use or sharing of Federal Government information; and
							(iii)responses to
			 requests for agency records under section 552 of title 5, United States Code
			 (commonly referred to as the Freedom of Information Act),
			 section 552a of title 5, United States Code, (commonly referred to as the
			 Privacy Act), the Federal Advisory Committee Act (5 U.S.C.
			 App.), or other similar laws;
							(5)the term
			 guidance document means an agency statement of general
			 applicability and future effect, other than a regulatory action, that sets
			 forth a policy on a statutory, regulatory or technical issue or an
			 interpretation of a statutory or regulatory issue;
					(6)the term
			 regulation means an agency statement of general applicability and
			 future effect, which the agency intends to have the force and effect of law,
			 that is designed to implement, interpret, or prescribe law or policy or to
			 describe the procedure or practice requirements of an agency;
					(7)the term
			 regulatory action means any substantive action by an agency
			 (normally published in the Federal Register) that promulgates or is expected to
			 lead to the promulgation of a final regulation, including notices of inquiry,
			 advance notices of proposed rulemaking, and notices of proposed
			 rulemaking;
					(8)the term
			 significant guidance document—
						(A)means a guidance
			 document disseminated to regulated entities or the general public that may
			 reasonably be anticipated to—
							(i)lead to an annual
			 effect on the economy of $100,000,000 or more or affect in a material way the
			 economy, a sector of the economy, productivity, competition, jobs, the
			 environment, public health or safety, or State, local, or tribal governments or
			 communities;
							(ii)create a serious
			 inconsistency or otherwise interfere with an action taken or planned by another
			 agency;
							(iii)materially
			 alter the budgetary impact of entitlements, grants, user fees, or loan programs
			 or the rights and obligations of recipients thereof; or
							(iv)raise novel
			 legal or policy issues arising out of legal mandates and the priorities,
			 principles, and provisions of this section; and
							(B)does not
			 include—
							(i)legal advisory
			 opinions for internal Executive Branch use and not for release (such as
			 Department of Justice Office of Legal Counsel opinions);
							(ii)briefs and other
			 positions taken by agencies in investigations, pre-litigation, litigation, or
			 other enforcement proceedings;
							(iii)speeches;
							(iv)editorials;
							(v)media
			 interviews;
							(vi)press
			 materials;
							(vii)congressional
			 correspondence;
							(viii)guidance
			 documents that pertain to a military or foreign affairs function of the United
			 States (other than guidance on procurement or the import or export of
			 non-defense articles and services);
							(ix)grant
			 solicitations;
							(x)warning
			 letters;
							(xi)case or
			 investigatory letters responding to complaints involving fact-specific
			 determinations;
							(xii)purely internal
			 agency policies;
							(xiii)guidance
			 documents that pertain to the use, operation or control of a government
			 facility;
							(xiv)internal
			 guidance documents directed solely to other agencies; and
							(xv)any other
			 category of significant guidance documents exempted by an agency head in
			 consultation with the Administrator; and
							(9)the term
			 significant regulatory action means any regulatory action that is
			 likely to result in a regulation that may—
						(A)have an annual
			 effect on the economy of $100,000,000 or more or adversely affect in a material
			 way the economy, a sector of the economy, productivity, competition, jobs, the
			 environment, public health or safety, or State, local, or tribal governments or
			 communities;
						(B)create a serious
			 inconsistency or otherwise interfere with an action taken or planned by another
			 agency;
						(C)materially alter
			 the budgetary impact of entitlements, grants, user fees, or loan programs or
			 the rights and obligations of recipients thereof; or
						(D)raise novel legal
			 or policy issues arising out of legal mandates and the priorities, principles,
			 and provisions of this section.
						(b)Agency
			 assessment of significant regulatory actionsFor each significant regulatory action,
			 each agency shall submit, at such times specified by the Administrator, a
			 report to the Office of Information and Regulatory Affairs that
			 includes—
					(1)an assessment,
			 including the underlying analysis, of benefits anticipated from the significant
			 regulatory action, such as—
						(A)the promotion of
			 the efficient functioning of the economy and private markets;
						(B)the enhancement
			 of health and safety;
						(C)the protection of
			 the natural environment; and
						(D)the elimination
			 or reduction of discrimination or bias;
						(2)to the extent
			 feasible, a quantification of the benefits assessed under paragraph (1);
					(3)an assessment,
			 including the underlying analysis, of costs anticipated from the regulatory
			 action, such as—
						(A)the direct cost
			 both to the Federal Government in administering the significant regulatory
			 action and to businesses, consumers, and others (including State, local, and
			 tribal officials) in complying with the regulation; and
						(B)any adverse
			 effects on the efficient functioning of the economy, private markets (including
			 productivity, employment, and competitiveness), health, safety, the natural
			 environment, job creation, the prices of consumer goods, and energy
			 costs;
						(4)to the extent
			 feasible, a quantification of the costs assessed under paragraph (3);
			 and
					(5)an assessment,
			 including the underlying analysis, of costs and benefits of potentially
			 effective and reasonably feasible alternatives to the planned significant
			 regulatory action, identified by the agency or the public (including improving
			 the current regulation and reasonably viable nonregulatory actions), and an
			 explanation why the planned regulatory action is preferable to the identified
			 potential alternatives.
					(c)Agency good
			 guidance practices
					(1)Agency
			 standards for significant guidance documents
						(A)Approval
			 procedures
							(i)In
			 generalEach agency shall develop or have written procedures for
			 the approval of significant guidance documents, which shall ensure that the
			 issuance of significant guidance documents is approved by appropriate senior
			 agency officials.
							(ii)RequirementEmployees
			 of an agency may not depart from significant guidance documents without
			 appropriate justification and supervisory concurrence.
							(B)Standard
			 elementsEach significant guidance document—
							(i)shall—
								(I)include the term
			 guidance or its functional equivalent;
								(II)identify the
			 agency or office issuing the document;
								(III)identify the
			 activity to which and the persons to whom the significant guidance document
			 applies;
								(IV)include the date
			 of issuance;
								(V)note if the
			 significant guidance document is a revision to a previously issued guidance
			 document and, if so, identify the document that the significant guidance
			 document replaces;
								(VI)provide the
			 title of the document and a document identification number; and
								(VII)include the
			 citation to the statutory provision or regulation (in Code of Federal
			 Regulations format) which the significant guidance document applies to or
			 interprets; and
								(ii)shall not
			 include mandatory terms such as shall, must,
			 required, or requirement unless—
								(I)the agency is
			 using those terms to describe a statutory or regulatory requirement; or
								(II)the terminology
			 is addressed to agency staff and will not foreclose agency consideration of
			 positions advanced by affected private parties.
								(2)Public access
			 and feedback for significant guidance documents
						(A)Internet
			 access
							(i)In
			 generalEach agency shall—
								(I)maintain on the
			 website for the agency, or as a link on the website of the agency to the
			 electronic list posted on a website of a component of the agency a list of the
			 significant guidance documents in effect of the agency, including a link to the
			 text of each significant guidance document that is in effect; and
								(II)not later than
			 30 days after the date on which a significant guidance document is issued,
			 update the list described in clause (i).
								(ii)List
			 requirementsThe list described in subparagraph (A)(i)
			 shall—
								(I)include the name
			 of each—
									(aa)significant
			 guidance document;
									(bb)document
			 identification number; and
									(cc)issuance and
			 revision dates; and
									(II)identify
			 significant guidance documents that have been added, revised, or withdrawn in
			 the preceding year.
								(B)Public
			 feedback
							(i)In
			 generalEach agency shall establish and clearly advertise on the
			 website for the agency a means for the public to electronically submit—
								(I)comments on
			 significant guidance documents; and
								(II)a request for
			 issuance, reconsideration, modification, or rescission of significant guidance
			 documents.
								(ii)Agency
			 responseAny comments or requests submitted under subparagraph
			 (A)—
								(I)are for the
			 benefit of the agency; and
								(II)shall not
			 require a formal response from the agency.
								(iii)Office for
			 public comments
								(I)In
			 generalEach agency shall designate an office to receive and
			 address complaints from the public relating to—
									(aa)the
			 failure of the agency to follow the procedures described in this section;
			 or
									(bb)the
			 failure to treat a significant guidance document as a binding
			 requirement.
									(II)WebsiteThe
			 agency shall provide, on the website of the agency, the name and contact
			 information for the office designated under clause (i).
								(3)Notice and
			 public comment for economically significant guidance documents
						(A)In
			 generalExcept as provided in paragraph (2), in preparing a draft
			 of an economically significant guidance document, and before issuance of the
			 final significant guidance document, each agency shall—
							(i)publish a notice
			 in the Federal Register announcing that the draft document is available;
							(ii)post the draft
			 document on the Internet and make a tangible copy of that document publicly
			 available (or notify the public how the public can review the guidance document
			 if the document is not in a format that permits such electronic posting with
			 reasonable efforts);
							(iii)invite public
			 comment on the draft document; and
							(iv)prepare and post
			 on the website of the agency a document with responses of the agency to public
			 comments.
							(B)ExceptionsIn
			 consultation with the Administrator, an agency head may identify a particular
			 economically significant guidance document or category of such documents for
			 which the procedures of this subsection are not feasible or appropriate.
						(4)Emergencies
						(A)In
			 generalIn emergency situations or when an agency is obligated by
			 law to act more quickly than normal review procedures allow, the agency shall
			 notify the Administrator as soon as possible and, to the extent practicable,
			 comply with this subsection.
						(B)Significant
			 guidance documents subject to statutory or court-imposed
			 deadlineFor a significant guidance document that is governed by
			 a statutory or court-imposed deadline, the agency shall, to the extent
			 practicable, schedule the proceedings of the agency to permit sufficient time
			 to comply with this subsection.
						(5)Effective
			 dateThis section shall take effect 60 days after the date of
			 enactment of this Act.
					402.Reduction or
			 waiver of civil penalties imposed on small entities
				(a)In
			 generalChapter 6 of title 5,
			 United States Code, is amended by adding at the end the following:

						613.Reduction or
				waiver of civil penalties imposed on small entities
							(a)Upon the request
				of a small entity, a Regional Advocate of the Office of Advocacy of the Small
				Business Administration (referred to in this section as a Regional
				Advocate) shall submit to an agency a request that the agency reduce or
				waive a civil penalty imposed on the small entity, if the Regional Advocate
				determines that—
								(1)the civil penalty
				was the result of a first-time violation by the small entity of a requirement
				to report information to the agency; and
								(2)the reduction or
				waiver is consistent with the conditions and exclusions described in paragraphs
				(1), (3), (4), (5), and (6) of section 223(b) of the Small Business Regulatory
				Enforcement Fairness Act of 1996 (Public Law 104–121; 110 Stat. 862).
								(b)Not later than 60
				days after the receipt of a request from a Regional Advocate under subsection
				(a), an agency shall send written notice of the decision of the agency with
				respect to the request, together with the reasons for the decision, to the
				Regional Advocate that made the request and the relevant small entity.
							(c)The Chief Counsel
				for Advocacy shall submit to Congress an annual report summarizing—
								(1)the requests
				received by the Regional Advocates from small entities under subsection (a);
				and
								(2)the requests
				submitted by the Regional Advocates to agencies under subsection (a) and the
				results of the
				requests.
								.
				(b)Technical and
			 conforming amendmentThe table of sections for chapter 6 of title
			 5, United States Code, is amended by adding at the end the following:

							613. Reduction or waiver of civil
				penalties imposed on small
				entities.

						.
				VInterstate
			 highway vehicle weight limits
			501.Interstate highway
			 vehicle weight limits in Maine and VermontSection 127(a)(11) of title 23, United
			 States Code, is amended to read as follows:

					(11)(A)With respect to all
				portions of the Interstate Highway System in the State of Maine, laws
				(including regulations) of that State concerning vehicle weight limitations
				applicable to other State highways shall be applicable in lieu of the
				requirements under this subsection.
						(B)With respect to all portions of the
				Interstate Highway System in the State of Vermont, laws (including regulations)
				of that State concerning vehicle weight limitations applicable to other State
				highways shall be applicable in lieu of the requirements under this
				subsection.
						.
			VIEthanol
			 subsidies repeal
			601.Elimination of
			 tax subsidies for ethanol fuel
				(a)Elimination of
			 income tax credit
					(1)In
			 generalThe table contained in section 40(h)(2) of the Internal
			 Revenue Code of 1986 is amended—
						(A)by striking
			 2010 and inserting the enactment date of the
			 Seven Point Plan for Growing Jobs
			 Act,
						(B)by adding at the
			 end the following:

											After such enactment
						datezerozero

								.
						(2)Elimination of
			 small ethanol producer creditSection 40(b)(4)(A) of such Code is
			 amended by inserting (zero after the date of the enactment of the
			 Seven Point Plan for Growing Jobs
			 Act) after 10 cents.
					(b)Elimination of
			 excise tax credit or payment
					(1)Section
			 6426(b)(2)(A)(ii) of the Internal Revenue Code of 1986 is amended by inserting
			 (zero after the date of the enactment of the
			 Seven Point Plan for Growing Jobs
			 Act) after 45 cents.
					(2)Section
			 6427(e)(6)(A) of such Code is amended by inserting the date of the
			 enactment the Seven Point Plan for Growing
			 Jobs Act, in the case of any alcohol fuel mixture involving
			 ethanol) after 2011.
					(c)Effective
			 DateThe amendments made by this section shall apply to any sale,
			 use, or removal for any period after the date of the enactment of the
			 Act.
				602.Removal of
			 tariffs on ethanol
				(a)Duty-Free
			 treatmentChapter 98 of the
			 Harmonized Tariff Schedule of the United States is amended by adding at the end
			 the following new subchapter:

							Subchapter XXIII
							Alternative Fuels

									Heading/SubheadingArticle Description Rates of Duty

									1 2

									GeneralSpecial

									9823.01.01Ethyl
						alcohol (provided for in subheadings 2207.10.60 and 2207.20) or any mixture
						containing such ethyl alcohol (provided for in heading 2710 or 3824) if such
						ethyl alcohol or mixture is to be used as a fuel or in producing a mixture of
						gasoline and alcohol, a mixture of a special fuel and alcohol, or any other
						mixture to be used as fuel (including motor fuel provided for in subheading
						2710.11.15, 2710.19.15 or 2710.19.21), or is suitable for any such
						usesFreeFree20%

						.
				(b)Conforming
			 amendmentsSubchapter I of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended—
					(1)by striking
			 heading 9901.00.50; and
					(2)by striking U.S.
			 notes 2 and 3.
					(c)Effective
			 dateThe amendments made by this section apply to goods entered,
			 or withdrawn from warehouse for consumption, on or after the 15th day after the
			 date of the enactment of this Act.
				VIISpending
			 limitations
			701.Discretionary
			 spending limitsTitle III of
			 the Congressional Budget Act of 1974 is amended by inserting at the end the
			 following:

					316.Discretionary spending limits(a)Discretionary
				spending limitsIt shall not be in order in the House of
				Representatives or the Senate to consider any bill, joint resolution,
				amendment, or conference report that includes any provision that would cause
				the discretionary spending limits as set forth in subsection (b) to be
				exceeded.
						(b)LimitsThe
				discretionary spending limits are as follows:
							(1)For fiscal year
				2012—
								(A)for the defense
				category (budget function 050), $573,612,000,000 in budget authority;
				and
								(B)for the
				nondefense category, $543,790,000,000 in budget authority.
								(2)For fiscal year
				2013—
								(A)for the defense
				category (budget function 050), $584,421,000,000 in budget authority;
				and
								(B)for the
				nondefense category, $551,498,000,000 in budget authority.
								(3)For fiscal year
				2014—
								(A)for the defense
				category (budget function 050), $595,433,680,000 in budget authority;
				and
								(B)for the
				nondefense category, $559,315,260,000 in budget authority.
								(c)Point of order
				in the Senate
							(1)WaiverThe
				provisions of this section shall be waived or suspended in the Senate
				only—
								(A)by the
				affirmative vote of two-thirds of the Members, duly chosen and sworn; or
								(B)in the case of
				the defense budget authority, if Congress declares war.
								(2)AppealAppeals
				in the Senate from the decisions of the Chair relating to any provision of this
				section shall be limited to 1 hour, to be equally divided between, and
				controlled by, the appellant and the manager of the measure. An affirmative
				vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall
				be required to sustain an appeal of the ruling of the Chair on a point of order
				raised under this
				section.
							.
			702.Adjusted gross
			 income limitation for recipients of farm subsidiesSection
			 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a) is amended by
			 striking subsection (b) and inserting the following:

					(b)Limitation
						(1)Commodity and
				conservation programs
							(A)Commodity
				programsNotwithstanding any other provision of law, an
				individual or entity shall not be eligible to receive any benefit described in
				paragraph (2)(A) during a crop year if the average adjusted gross income of the
				individual or entity, or the average adjusted gross income of the individual
				and spouse of the individual, exceeds—
								(i)$250,000, if less
				than 66.66 percent of the average adjusted gross income of the individual or
				entity, or the average adjusted gross income of the individual and spouse of
				the individual, is derived from farming, ranching, or forestry operations, as
				determined by the Secretary; or
								(ii)$750,000.
								(B)Conservation
				programsNotwithstanding any other provision of law, an
				individual or entity shall not be eligible to receive any benefit described in
				paragraph (2)(B) during a crop year if the average adjusted gross income of the
				individual or entity, or the average adjusted gross income of the individual
				and spouse of the individual, exceeds $2,500,000, unless not less than 75
				percent of the average adjusted gross income of the individual or entity, or
				the average adjusted gross income of the individual and spouse of the
				individual, is derived from farming, ranching, or forestry operations, as
				determined by the Secretary.
							(2)Covered
				benefits
							(A)In
				generalParagraph (1)(A) applies with respect to the
				following:
								(i)A
				direct payment or counter-cyclical payment under subtitle A or C of title I of
				the Food, Conservation, and Energy Act of
				2008 (7 U.S.C. 8711 et seq.).
								(ii)A marketing loan
				gain or loan deficiency payment under subtitle B or C of title I of the
				Food, Conservation, and Energy Act of
				2008 (7 U.S.C. 8731 et seq.).
								(iii)An average crop
				revenue payment under section 1105 of the Food, Conservation, and Energy Act of 2008
				(7 U.S.C. 8715).
								(B)Conservation
				programsParagraph (1)(B) applies with respect to a payment under
				any program under—
								(i)title XII of this
				Act;
								(ii)title II of the
				Farm Security and Rural Investment Act of 2002 (Public Law 107–171; 116 Stat.
				223); or
								(iii)title II of the
				Food, Conservation, and Energy Act of
				2008 (Public Law 110–246; 122 Stat. 1753).
								(3)Income derived
				from farming, ranching or forestry operationsIn determining what portion of the average
				adjusted gross income of an individual or entity is derived from farming,
				ranching, or forestry operations, the Secretary shall include income derived
				from—
							(A)the production of
				crops, livestock, or unfinished raw forestry products;
							(B)the sale, including
				the sale of easements and development rights, of farm, ranch, or forestry land
				or water or hunting rights;
							(C)the sale of
				equipment to conduct farm, ranch, or forestry operations;
							(D)the rental or
				lease of land used for farming, ranching, or forestry operations, including
				water or hunting rights;
							(E)the provision of
				production inputs and services to farmers, ranchers, and foresters;
							(F)the processing
				(including packing), storing (including shedding), and transporting of farm,
				ranch, and forestry commodities;
							(G)the sale of land
				that has been used for agriculture; and
							(H)payments or other
				income attributable to benefits received under any program authorized under
				title I or II of the Food, Conservation, and
				Energy Act of 2008 (7 U.S.C. 8702 et
				seq.).
							.


109 HR 2763 IH: To authorize the Director of the Centers for Disease Control and Prevention to make grants to local educational agencies to support the purchase or lease and use of vending machines that offer for sale healthy foods and beverages in schools.
U.S. House of Representatives
2005-06-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2763
IN THE HOUSE OF REPRESENTATIVES

June 7, 2005
Mrs. Capps introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Energy and Commerce, 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 authorize the Director of the Centers for Disease Control and Prevention to make grants to local educational agencies to support the purchase or lease and use of vending machines that offer for sale healthy foods and beverages in schools.

1.Short titleThis Act may be cited at the the Student Nutrition and Health Act.
2.Grants for procurement and use of qualified vending machines in schools
(a)Grants authorizedThe Director of the Centers for Disease Control and Prevention may make grants to local educational agencies for the purpose of assisting such agencies—
(1)to purchase or lease qualified vending machines for placement in elementary and secondary schools for the use of students of such schools; and
(2)to offset any loss of revenue incurred by the local educational agency as a result of offering for sale healthy foods and beverages in qualified vending machines.
(b)Removal of other vending machines and use of qualified vending machinesAs a condition for receiving a grant under subsection (a), the local educational agency shall agree—
(1)to remove any vending machines that offer for sale foods and beverages of minimal nutritional value from each elementary or secondary school under its jurisdiction in which qualified vending machines will be placed using the grant funds; and
(2)to use only qualified vending machines in such school for such period as the Director may prescribe.
(c)Maximum portion sizesAs a further condition for receiving a grant under subsection (a), the local educational agency shall ensure that foods and beverages offered for sale in qualified vending machines will be limited to the following maximum portion sizes:
(1)One and one-quarter ounces for crackers, popcorn, cereal, trail mix, nuts, seeds, dried fruit, or jerky.
(2)Two ounces for cereal bars.
(3)Three ounces for bakery items, including muffins.
(4)Three fluid ounces for frozen desserts.
(5)Eight ounces for non-frozen yogurt.
(6)Twelve ounces for beverages, excluding water.
(7)Entree items and side dishes shall be no larger than the portions of those foods served as part of the Federal school meal program.
(d)ApplicationsTo apply for a grant under this section, a local educational agency shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. A local educational agency may submit a new application for the purpose of applying to receive continuing grants for the purpose described in subsection (a)(2).
(e)DefinitionsIn this Act:
(1)Foods and beverages of minimal nutritional valueThe term foods and beverages of minimal nutritional value means a food or beverage item which provides less than five percent of the Reference Daily Intake (RDI) for protein, vitamin A, vitamin C, niacin, riboflavin, thiamin, calcium, or iron per serving.
(2)Healthy foods and beverages
(A)The term healthy foods and beverages means any food or beverage item that derives—
(i)30 percent or less of its total calories from fat;
(ii)10 percent or less of its total calories from saturated fat and trans fat; and
(iii)35 percent or less of its total calories from sugars, excluding those sugars occurring naturally in fruits, vegetables, and dairy products.
(B)The term healthy foods and beverages includes nuts, seeds, and flavored fluid milk.
(3)Local educational agencyThe term local educational agency has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(4)Qualified vending machineThe term qualified vending machine means a vending machine that offers for sale only healthy foods or beverages.
(5)SchoolThe term school means any elementary school (as defined by section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) and any secondary school (as defined by such section).
(f)Authorization of appropriationsThere are authorized to be appropriated to the Director $100,000,000 for each of the fiscal years 2006 through 2010 to carry out this section. Amounts so appropriated shall remain available until expended.


109 HR 1212 IH: Save America’s Valuable Energy Resources Act of 2005
U.S. House of Representatives
2005-03-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1212
IN THE HOUSE OF REPRESENTATIVES

March 10, 2005
Mr. Weller (for himself and Mr. Cardin) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to provide tax credits for making energy efficiency improvements to existing homes and for constructing new energy efficient homes.

1.Short title
(a)Short titleThis Act may be cited as the Save America’s Valuable Energy Resources Act of 2005.
(b)Amendment of 1986 codeExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.
2.Credit for energy efficiency improvements to existing homes
(a)In generalSubpart A of part IV of subchapter A of chapter 1 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section:

25C.Energy efficiency improvements to existing homes
(a)Allowance of creditIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the amount paid or incurred by the taxpayer for qualified energy efficiency improvements installed during such taxable year.
(b)Limitations
(1)Maximum creditThe credit allowed by this section with respect to a dwelling shall not exceed $2,000.
(2)Prior credit amounts for taxpayer on same dwelling taken into accountIf a credit was allowed to the taxpayer under subsection (a) with respect to a dwelling in 1 or more prior taxable years, the amount of the credit otherwise allowable for the taxable year with respect to that dwelling shall not exceed the amount of $2,000 reduced by the sum of the credits allowed under subsection (a) to the taxpayer with respect to the dwelling for all prior taxable years.
(3)Limitation based on amount of taxThe credit allowed under subsection (a) for the taxable year shall not exceed the excess of—
(A)the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
(B)the sum of the credits allowable under this subpart (other than this section and section 23) and section 27 for the taxable year.
(c)Carryforward of unused creditIf the credit allowable under subsection (a) exceeds the limitation imposed by subsection (b)(3) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.
(d)Qualified energy efficiency improvementsFor purposes of this section, the term qualified energy efficiency improvements means any energy efficient building envelope component which meets the prescriptive criteria for such component established by the 1998 International Energy Conservation Code, if—
(1)such component is installed in or on a dwelling—
(A)located in the United States, and
(B)owned and used by the taxpayer as the taxpayer’s principal residence (within the meaning of section 121),
(2)the original use of such component commences with the taxpayer, and
(3)such component reasonably can be expected to remain in use for at least 5 years.If the aggregate cost of such components with respect to any dwelling exceeds $1,000, such components shall be treated as qualified energy efficiency improvements only if such components are also certified in accordance with subsection (e) as meeting such criteria.
(e)CertificationThe certification described in subsection (d) shall be—
(1)determined on the basis of the technical specifications or applicable ratings (including product labeling requirements) for the measurement of energy efficiency, based upon energy use or building envelope component performance, for the energy efficient building envelope component,
(2)provided by a local building regulatory authority, a utility, a manufactured home production inspection primary inspection agency (IPIA), or an accredited home energy rating system provider who is accredited by or otherwise authorized to use approved energy performance measurement methods by the Mortgage Industry's Home Energy Rating System (as maintained by National Association of State Energy Officials and the Residential Energy Services Network), and
(3)made in writing in a manner that specifies in readily verifiable fashion the energy efficient building envelope components installed and their respective energy efficiency levels.
(f)Definitions and special rules
(1)Tenant-stockholder in cooperative housing corporationIn the case of an individual who is a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having paid his tenant-stockholder’s proportionate share (as defined in section 216(b)(3)) of the cost of qualified energy efficiency improvements made by such corporation.
(2)Condominiums
(A)In generalIn the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having paid his proportionate share of the cost of qualified energy efficiency improvements made by such association.
(B)Condominium management associationFor purposes of this paragraph, the term condominium management association means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences.
(3)Building envelope componentThe term building envelope component means insulation material or system which is specifically and primarily designed to reduce the heat loss or gain of a dwelling when installed in or on such dwelling, exterior windows (including skylights) and doors, and metal roofs with appropriate pigmented coatings which are specifically and primarily designed to reduce the heat gain of a dwelling when installed in or on such dwelling.
(4)Manufactured homes includedFor purposes of this section, the term dwelling includes a manufactured home which conforms to Federal Manufactured Home Construction and Safety Standards (24 CFR 3280).
(g)Basis adjustmentFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.
(h)Application of SectionThis section shall apply to qualified energy efficiency improvements installed after December 31, 2004 and before January 1, 2010..
(b)Conforming amendments
(1)Subsection (a) of section 1016 is amended by striking and at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting , and, and by adding at the end the following new paragraph:

(32)to the extent provided in section 25C(g), in the case of amounts with respect to which a credit has been allowed under section 25C..
(2)The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 25B the following new item:

Sec. 25C. Energy efficiency improvements to existing homes.
(c)Effective dateThe amendments made by this section shall apply to taxable years ending after December 31, 2004.
3.Business credit for construction of new energy efficient home
(a)In generalSubpart D of part IV of subchapter A of chapter 1 (relating to business related credits) is amended by inserting after section 45I the following new section:

45J.New energy efficient home credit
(a)In generalFor purposes of section 38, in the case of an eligible contractor, the credit determined under this section for the taxable year is an amount equal to the aggregate adjusted bases of all energy efficient property installed in a qualified new energy efficient home during construction of such home.
(b)Limitations
(1)Maximum credit
(A)In generalThe credit allowed by this section with respect to a dwelling shall not exceed $2,000.
(B)Prior credit amounts on same dwelling taken into accountIf a credit was allowed under subsection (a) with respect to a dwelling in 1 or more prior taxable years, the amount of the credit otherwise allowable for the taxable year with respect to that dwelling shall not exceed the amount of $2,000 reduced by the sum of the credits allowed under subsection (a) with respect to the dwelling for all prior taxable years.
(2)Coordination with rehabilitation and energy creditsFor purposes of this section—
(A)the basis of any property referred to in subsection (a) shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)), and
(B)expenditures taken into account under either section 47 or 48(a) shall not be taken into account under this section.
(c)DefinitionsFor purposes of this section—
(1)Eligible contractorThe term eligible contractor means the person who constructed the new energy efficient home, or in the case of a manufactured home which conforms to Federal Manufactured Home Construction and Safety Standards (24 CFR 3280), the manufactured home producer of such home.
(2)Energy efficient propertyThe term energy efficient property means any energy efficient building envelope component, and any energy efficient heating or cooling appliance.
(3)Qualified new energy efficient homeThe term qualified new energy efficient home means a dwelling—
(A)located in the United States,
(B)the construction of which is substantially completed after December 31, 2004,
(C)the original use of which is as a principal residence (within the meaning of section 121) which commences with the person who acquires such dwelling from the eligible contractor, and
(D)which is certified to have a level of annual heating and cooling energy consumption that is at least 30 percent below the annual level of heating and cooling energy consumption of a comparable dwelling constructed in accordance with the standards of the 1998 International Energy Conservation Code and to have building envelope component improvements account for 1/3 of such 30 percent.
(4)ConstructionThe term construction includes reconstruction and rehabilitation.
(5)AcquireThe term acquire includes purchase and, in the case of reconstruction and rehabilitation, such term includes a binding written contract for such reconstruction or rehabilitation.
(6)Building envelope componentThe term building envelope component means insulation material or system which is specifically and primarily designed to reduce the heat loss or gain of a dwelling when installed in or on such dwelling, exterior windows (including skylights) and doors, and metal roofs with appropriate pigmented coatings which are specifically and primarily designed to reduce the heat gain of a dwelling when installed in or on such dwelling.
(7)Manufactured home includedThe term dwelling includes a manufactured home conforming to Federal Manufactured Home Construction and Safety Standards (24 CFR 3280).
(d)Certification
(1)MethodA certification described in subsection (c)(3)(D) shall be determined on the basis of one of the following methods:
(A)The technical specifications or applicable ratings (including product labeling requirements) for the measurement of energy efficiency for the energy efficient building envelope component or energy efficient heating or cooling appliance, based upon energy use or building envelope component performance.
(B)An energy performance measurement method that utilizes computer software approved by organizations designated by the Secretary.
(2)ProviderSuch certification shall be provided by—
(A)in the case of a method described in paragraph (1)(A), a local building regulatory authority, a utility, a manufactured home production inspection primary inspection agency (IPIA), or an accredited home energy rating systems provider who is accredited by, or otherwise authorized to use, approved energy performance measurement methods by the Mortgage Industry's Home Energy Rating System (as maintained by National Association of State Energy Officials and the Residential Energy Services Network), or
(B)in the case of a method described in paragraph (1)(B), an individual recognized by an organization designated by the Secretary for such purposes.
(3)FormSuch certification shall be made in writing in a manner that specifies in readily verifiable fashion the energy efficient building envelope components and energy efficient heating or cooling appliances installed and their respective energy efficiency levels, and in the case of a method described in subparagraph (B) of paragraph (1), accompanied by written analysis documenting the proper application of a permissible energy performance measurement method to the specific circumstances of such dwelling.
(4)Regulations
(A)In generalIn prescribing regulations under this subsection for energy performance measurement methods, the Secretary shall prescribe procedures for calculating annual energy costs for heating and cooling and cost savings and for the reporting of the results. Such regulations shall—
(i)be based on the National Home Energy Rating Technical Guidelines of the National Association of State Energy Officials, the Mortgage Industry's Home Energy Rating System (as maintained by National Association of State Energy Officials and the Residential Energy Services Network), or the modified 1998 California Residential ACM manual,
(ii)provide that any calculation procedures be developed such that the same energy efficiency measures allow a home to qualify for the credit under this section regardless of whether the house uses a gas or oil furnace or boiler or an electric heat pump, and
(iii)require that any computer software allow for the printing of the Federal tax forms necessary for the credit under this section and explanations for the homebuyer of the energy efficient features that were used to comply with the requirements of this section.
(B)ProvidersFor purposes of paragraph (2)(B), the Secretary shall establish requirements for the designation of individuals based on the requirements for energy consultants and home energy raters specified by the National Association of State Energy Officials.
(e)Basis adjustmentFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.
(f)Application of SectionSubsection (a) shall apply to dwellings purchased during the period beginning on January 1, 2005, and ending on December 31, 2009..
(b)Credit made part of general business creditSubsection (b) of section 38 (relating to current year business credit) is amended by striking plus at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting , plus, and by adding at the end thereof the following new paragraph:

(20)the new energy efficient home credit determined under section 45J..
(c)Denial of double benefitSection 280C (relating to certain expenses for which credits are allowable) is amended by adding at the end thereof the following new subsection:

(e)New energy efficient home expensesNo deduction shall be allowed for that portion of expenses for a new energy efficient home otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45J..
(d)Deduction for certain unused business creditsSubsection (c) of section 196 is amended by striking and at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting , and, and by adding after paragraph (12) the following new paragraph:

(13)the new energy efficient home credit determined under section 45J..
(e)Clerical amendmentThe table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 45I the following new item:

Sec. 45J. New energy efficient home credit.
(f)Effective dateThe amendments made by this section shall apply to taxable years ending after December 31, 2004.
4.Allowance of deduction for energy efficient commercial building property
(a)In generalPart VI of subchapter B of chapter 1 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179B the following new section:

179C.Deduction for energy efficient commercial building property
(a)Allowance of deduction
(1)In generalThere shall be allowed as a deduction an amount equal to energy efficient commercial building property expenditures made by a taxpayer for the taxable year.
(2)Maximum amount of deductionThe amount of energy efficient commercial building property expenditures taken into account under paragraph (1) shall not exceed an amount equal to the product of—
(A)$2.25, and
(B)the square footage of the building with respect to which the expenditures are made.
(3)Year deduction allowedThe deduction under paragraph (1) shall be allowed for the taxable year in which the building is placed in service.
(b)Energy efficient commercial building property expendituresFor purposes of this section, the term energy efficient commercial building property expenditures means an amount paid or incurred for energy efficient commercial building property installed on or in connection with new construction or reconstruction of property—
(1)for which depreciation is allowable under section 167,
(2)which is located in the United States, and
(3)the construction or erection of which is completed by the taxpayer.Such property includes all residential rental property, including low-rise multifamily structures and single family housing property which is not within the scope of Standard 90.1–1999 (described in subsection (c)). Such term includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property.
(c)Energy efficient commercial building propertyFor purposes of subsection (b)—
(1)In generalThe term energy efficient commercial building property means any property which reduces total annual energy and power costs with respect to the lighting, heating, cooling, ventilation, and hot water supply systems of the building by 50 percent or more in comparison to a reference building which meets the requirements of Standard 90.1–1999 of the American Society of Heating, Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North America using methods of calculation under paragraph (2) and certified by qualified professionals as provided under subsection (f).
(2)Methods of calculationThe Secretary, in consultation with the Secretary of Energy, shall promulgate regulations which describe in detail methods for calculating and verifying energy and power consumption and cost, taking into consideration the provisions of the 1998 California Nonresidential ACM Manual. These procedures shall meet the following requirements:
(A)In calculating tradeoffs and energy performance, the regulations shall prescribe the costs per unit of energy and power, such as kilowatt hour, kilowatt, gallon of fuel oil, and cubic foot or Btu of natural gas, which may be dependent on time of usage.
(B)The calculational methodology shall require that compliance be demonstrated for a whole building. If some systems of the building, such as lighting, are designed later than other systems of the building, the method shall provide that either—
(i)the expenses taken into account under subsection (a) shall not occur until the date designs for all energy-using systems of the building are completed,
(ii)the energy performance of all systems and components not yet designed shall be assumed to comply minimally with the requirements of such Standard 90.1–1999, or
(iii)the expenses taken into account under subsection (a) shall be a fraction of such expenses based on the performance of less than all energy-using systems in accordance with subparagraph (C).
(C)The expenditures in connection with the design of subsystems in the building, such as the envelope, the heating, ventilation, air conditioning and water heating system, and the lighting system shall be allocated to the appropriate building subsystem based on system-specific energy cost savings targets in regulations promulgated by the Secretary of Energy which are equivalent, using the calculation methodology, to the whole building requirement of 50 percent savings.
(D)The calculational methods under this subparagraph need not comply fully with section 11 of such Standard 90.1–1999.
(E)The calculational methods shall be fuel neutral, such that the same energy efficiency features shall qualify a building for the deduction under this subsection regardless of whether the heating source is a gas or oil furnace or an electric heat pump.
(F)The calculational methods shall provide appropriate calculated energy savings for design methods and technologies not otherwise credited in either such Standard 90.1–1999 or in the 1998 California Nonresidential ACM Manual, including the following:
(i)Natural ventilation.
(ii)Evaporative cooling.
(iii)Automatic lighting controls such as occupancy sensors, photocells, and timeclocks.
(iv)Daylighting.
(v)Designs utilizing semi-conditioned spaces that maintain adequate comfort conditions without air conditioning or without heating.
(vi)Improved fan system efficiency, including reductions in static pressure.
(vii)Advanced unloading mechanisms for mechanical cooling, such as multiple or variable speed compressors.
(viii)The calculational methods may take into account the extent of commissioning in the building, and allow the taxpayer to take into account measured performance that exceeds typical performance.
(3)Computer software
(A)In generalAny calculation under this subsection shall be prepared by qualified computer software.
(B)Qualified computer softwareFor purposes of this paragraph, the term qualified computer software means software—
(i)for which the software designer has certified that the software meets all procedures and detailed methods for calculating energy and power consumption and costs as required by the Secretary,
(ii)which provides such forms as required to be filed by the Secretary in connection with energy efficiency of property and the deduction allowed under this section, and
(iii)which provides a notice form which summarizes the energy efficiency features of the building and its projected annual energy costs.
(d)Allocation of deduction for public propertyIn the case of energy efficient commercial building property installed on or in public property, the Secretary shall promulgate a regulation to allow the allocation of the deduction to the person primarily responsible for designing the property in lieu of the public entity which is the owner of such property. Such person shall be treated as the taxpayer for purposes of this section.
(e)Notice to ownerThe qualified individual shall provide an explanation to the owner of the building regarding the energy efficiency features of the building and its projected annual energy costs as provided in the notice under subsection (c)(3)(B)(iii).
(f)CertificationThe Secretary, in consultation with the Secretary of Energy, shall establish requirements for certification and compliance procedures similar to the procedures under section 45J(d).
(g)Basis reductionFor purposes of this title, the basis of any property shall be reduced by the amount of the deduction with respect to such property which is allowed by subsection (a).
(h)TerminationThis section shall not apply to property placed in service after December 31, 2009..
(b)Conforming amendments
(1)Section 1016(a) is amended by striking and at the end of paragraph (31), by striking the period at the end of paragraph (32) and inserting , and, and by inserting the following new paragraph:

(33)to the extent provided in section 179C(g)..
(2)Section 1245(a) is amended by inserting 179C, after 179B, both places it appears in paragraphs (2)(C) and (3)(C).
(3)Section 1250(b)(3) is amended by inserting before the period at the end of the first sentence or by section 179C.
(4)Section 263(a)(1) is amended by striking or at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting , or, and by inserting after subparagraph (I) the following new subparagraph:

(J)expenditures for which a deduction is allowed under section 179C..
(5)Section 312(k)(3)(B) is amended by striking or 179B each place it appears in the heading and text and inserting , 179B, or 179C.
(c)Clerical amendmentThe table of sections for part VI of subchapter B of chapter 1 is amended by adding after section 179B the following new item:

Sec. 179C. Deduction for energy efficient commercial building property.
(d)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.


117 HR 3355 IH: Save America’s Forgotten Equines Act of 2021
U.S. House of Representatives
2021-05-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3355IN THE HOUSE OF REPRESENTATIVESMay 19, 2021Ms. Schakowsky (for herself and Mr. Buchanan) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption, and for other purposes.1.Short titleThis Act may be cited as the Save America’s Forgotten Equines Act of 2021 or the SAFE Act of 2021. 2.Prohibition on shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines for slaughter for human consumption(a)DefinitionsSection 2 of the Horse Protection Act (15 U.S.C. 1821) is amended—(1)by redesignating paragraphs (1) and (4) as paragraphs (2), and (5), respectively;(2)by inserting before paragraph (2), as so redesignated, the following new paragraph:(1)The term human consumption means ingestion by people as a source of food.; and(3)by inserting after paragraph (3), as so redesignated, the following new paragraph:(4)The term slaughter means the killing of one or more horses or other equines with the intent to sell or trade the flesh of such horses or equines for human consumption..(b)FindingsSection 3 of the Horse Protection Act (15 U.S.C. 1822) is amended—(1)by redesignating paragraphs (1) through (5) as paragraphs (6) through (10), respectively;(2)by inserting before paragraph (6), as so redesignated, the following new paragraphs:(1)horses and other equines play a vital role in the collective experience of the United States and deserve protection and compassion;(2)horses and other equines are domestic animals that are used primarily for recreation, pleasure, work, and sport;(3)unlike cows, pigs, and many other animals, horses and other equines are not raised for the purpose of being slaughtered for human consumption;(4)individuals selling horses or other equines at auctions are seldom aware that the animals may be bought for the purpose of being slaughtered for human consumption;; and(3)by striking paragraph (8), as so redesignated, and inserting the following new paragraph:(8)the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation in intrastate commerce of horses and other equines to be slaughtered for human consumption, adversely affects and burdens interstate and foreign commerce;.(c)ProhibitionSection 5 of the Horse Protection Act (15 U.S.C. 1824) is amended—(1)by redesignating paragraphs (8) through (11) as paragraphs (9) through (12), respectively; and(2)by inserting after paragraph (7) the following new paragraph:(8)The shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation by a person of any horse or other equine that the person has reason to believe will be slaughtered for human consumption..


		IV
		111th CONGRESS
		2d Session
		H. RES. 1193
		IN THE HOUSE OF REPRESENTATIVES

			March 18, 2010
			Mr. Flake submitted
			 the following resolution

			March 18, 2010
			By motion of the House, referred to the
			 Committee on Standards of Official
			 Conduct

		RESOLUTION
		Raising a question of the privileges of the
		  House.

		Whereas, the Committee on Standards of Official Conduct
			 initiated an investigation into allegations related to earmarks and campaign
			 contributions in the spring of 2009;
		Whereas, on December 2, 2009, reports and findings in
			 seven separate matters involving the alleged connection between earmarks and
			 campaign contributions were forwarded by the Office of Congressional Ethics to
			 the Standards Committee;
		Whereas, on February 26, 2010, the Standards Committee
			 made public its report on the matter wherein the Committee found, though a
			 widespread perception exists among corporations and lobbyists that campaign
			 contributions provide a greater chance of obtaining earmarks, there was no
			 evidence that Members or their staff considered contributions when requesting
			 earmarks;
		Whereas, the Committee indicated that, with respect to the
			 matters forwarded by the Office of Congressional Ethics, neither the evidence
			 cited in the OCE's findings nor the evidence in the record before the Standards
			 Committee provided a substantial reason to believe that violations of
			 applicable standards of conduct occurred;
		Whereas, the Office of Congressional Ethics is prohibited
			 from reviewing activities taking place prior to March of 2008 and lacks the
			 authority to subpoena witnesses and documents;
		Whereas, for example, the Office of Congressional Ethics
			 noted that in some instances documents were redacted or specific information
			 was not provided and that, in at least one instance, they had reason to believe
			 a witness withheld information requested and did not identify what was being
			 withheld;
		Whereas, the Office of Congressional Ethics also noted
			 that they were able to interview only six former employees of the PMA Group,
			 with many former employees refusing to consent to interviews and the OCE unable
			 to obtain evidence within PMA's possession;
		Whereas, Roll Call noted that the committee report
			 was five pages long and included no documentation of any evidence collected or
			 any interviews conducted by the committee, beyond a statement that the
			 investigation included extensive document reviews and interviews with
			 numerous witnesses. (Roll Call, March 8, 2010);
		Whereas, it is unclear whether the Standards Committee
			 included in their investigation any activities that occurred prior to
			 2008;
		Whereas, it is unclear whether the Standards Committee
			 interviewed any Members in the course of their investigation; and
		Whereas, it is unclear whether the Standards Committee, in
			 the course of their investigation, initiated their own subpoenas or followed
			 the Office of Congressional Ethics recommendations to issue subpoenas: Now,
			 therefore, be it

		That not later than seven days after
			 the adoption of this resolution, the Committee on Standards of Official Conduct
			 shall report to the House of Representatives, with respect to the activities
			 addressed in its report of February 26, 2010—
			(1)how many
			 witnesses were interviewed;
			(2)how many, if any,
			 subpoenas were issued in the course of their investigation; and
			(3)what documents
			 were reviewed and their availability for public review.


110 HRES 391 EH: Recognizing the employees of Dallas-Fort Worth International Airport, the North Texas Commission, USO, and the people and businesses of North Texas for their dedication to the
U.S. House of Representatives
2007-06-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
110th CONGRESS
1st Session
H. RES. 391
In the House of Representatives, U. S.,

June 6, 2007

RESOLUTION
Recognizing the employees of Dallas-Fort Worth International Airport, the North Texas Commission, USO, and the people and businesses of North Texas for their dedication to the Welcome Home a Hero program.

Whereas the residents of North Texas have greeted thousands of troops returning to the United States from Iraq and Afghanistan for Rest and Recuperation since the program’s inception in June of 2004;
Whereas volunteers from North Texas welcome over 200 troops each day who travel through Dallas-Fort Worth International Airport on their way home;
Whereas these are the first people the troops see upon their return to the United States, and the support they give the troops on behalf of all Americans is invaluable and inspirational;
Whereas citizens like Bert Brady, a veteran, spend 300 days a year at the airport thanking troops for their service and giving them a well deserved homecoming;
Whereas thousands of young men from the Boy Scouts of America’s Circle Ten Council have also selflessly contributed to one of the largest and most respected community initiatives in North Texas; and
Whereas these dedicated and selfless volunteers positively impact the morale and spirit of the men and women serving our country in Iraq and Afghanistan and demonstrate our appreciation for their sacrifice to the Country: Now, therefore, be it

That the House of Representatives honors the valuable work of the Welcome Home a Hero program and its volunteers and expresses gratitude for their efforts to support our troops proudly serving in Iraq and Afghanistan.

Lorraine C. Miller,Clerk.


		II
		111th CONGRESS
		1st Session
		S. 2164
		IN THE SENATE OF THE UNITED STATES

			October 29, 2009
			Mr. Specter (for himself
			 and Mr. Casey) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on
		  Triethylenediamine.

		1.Triethylenediamine
			(a)In
			 GeneralSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Triethylenediamine (CAS No. 280–57–9) (provided for in
						subheading 2933.59.70)FreeNo changeNo changeOn or before 12/31/2011

					.
			(b)Effective
			 DateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


I
108th CONGRESS
2d Session
H. R. 4490
IN THE HOUSE OF REPRESENTATIVES

June 2, 2004
Mr. Grijalva introduced the following bill; which was referred to the Committee on Resources

A BILL
To provide for acquisition of subsurface mineral rights to land owned by the Pascua Yaqui Tribe and land held in trust for the Tribe, and for other purposes.

1.DefinitionsFor the purposes of this Act, the following definitions apply:
(1)SecretaryThe term Secretary means the Secretary of the Interior.
(2)StateThe term State means the State of Arizona.
(3)TribeThe term Tribe means the Pascua Yaqui Tribe.
2.Acquisition of subsurface mineral interests from the State for the Tribe
(a)Acquisition authorizedThe Secretary shall acquire, by use of the powers of eminent domain, and the Department of Justice is authorized to act on behalf of the Secretary to do so, pursuant to the laws and regulations of the United States governing use of the power of eminent domain, but only with the consent of the State, the following:
(1)Any trust mineral estate of the State located beneath the surface estates of the Tribe in land consisting of approximately 436.18 acres in Pima County, Arizona.
(2)Any trust mineral estate of the State located beneath the surface estates held in trust for the Tribe in land consisting of approximately 140.18 acres in Pima County, Arizona.
(b)ConsiderationSubject to subsection (c), as consideration for the acquisition of subsurface mineral interests by the United States pursuant to subsection (a), the Tribe shall pay to the State an amount equal to the market value of those subsurface mineral interests as determined by—
(1)a mineral assessment completed—
(A)by a team of mineral specialists agreed upon by the State and the Tribe; and
(B)reviewed, and accepted as complete and accurate by a certified review mineral examiner of the Bureau of Land Management;
(2)negotiation between the Tribe and the State in order to arrive at a mutually agreed price; or
(3)in the event the Tribe and the State cannot arrive at a mutually agreed price, an appraisal report completed in accordance with subsection (d)—
(A)by the State and reviewed by the Tribe; and
(B)if requested by the Tribe through the Bureau of Indian Affairs, reviewed and accepted as complete and accurate by the Office of the Special Trustee for American Indians in the Department of the Interior.
(c)Conditions of acquisitionThe Secretary may make the acquisition under subsection (a) only if—
(1)the payment to the State required under subsection (b) is accepted by the State as full consideration for the subsurface mineral interests acquired by the United States under subsection (a); and
(2)the acquisition terminates all right, title, and interest of all parties other than the United States in and to the acquired subsurface mineral interests.
(d)Determination of market valueNotwithstanding any other provision of law, unless State and Tribe shall otherwise agree to a stipulated market value, the value of the subsurface mineral interests acquired by the United States under this section shall be determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition, as published by the Appraisal Institute in 2000 in cooperation with the Department of Justice. Any appraisal shall be subject to the review and acceptance by the Land Department of the State and the Office of Special Trustee for American Indians in the Department of the Interior.
(e)Description of landThe exact acreage and legal descriptions of the land and interests in land acquired by the United States under this section shall be determined by surveys that are satisfactory to the Secretary and the State.
(f)Additional terms and conditionsThe Secretary may require such additional terms and conditions in connection with the acquisition of subsurface interests in land under this section as the Secretary considers appropriate to protect the interests of the United States and any valid existing rights.
3.Interests in land taken into trust for the Tribe
(a)Land transferredNotwithstanding any other provision of law, after the Tribe makes the payment described in subsection (b), the Secretary shall take into trust for the benefit of the Tribe the subsurface rights, formerly reserved to the United States, to the approximately 360.23 acres of land located in Pima County, Arizona, the surface rights to which are held in trust for the benefit of the Tribe.
(b)Consideration and costsThe Tribe shall pay to the Secretary all transaction costs associated with assessment, review, and transfer of the interest in the estate authorized to be taken into trust pursuant to subsection (a).
(c)Determination of fair market valueNotwithstanding any other provision of law, unless the Secretary and the Tribe agree to a stipulated fair market value, the value of the subsurface mineral interests taken into trust under this section shall be determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition, as published by the Appraisal Institute in 2000 in cooperation with the Department of Justice.
(d)Description of landThe exact acreage and legal description of the land described in subsection (a) shall be determined by the Secretary.


114 HJ 67 IH: Disapproving a rule submitted by the Environmental Protection Agency relating to “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units”.
U.S. House of Representatives
2015-09-29
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.

		IA
		114th CONGRESS
		1st Session
		H. J. RES. 67
		IN THE HOUSE OF REPRESENTATIVES

			September 29, 2015
			Mr. Ratcliffe (for himself, Mr. Babin, Mr. Franks of Arizona, Mr. Sessions, Mr. Loudermilk, Mr. McKinley, Mr. Murphy of Pennsylvania, Mr. Barr, Mr. Cramer, Mr. Gosar, Mr. Barletta, Mr. Rokita, Mr. Hensarling, Mr. Bridenstine, Mr. Kelly of Pennsylvania, Mr. Rothfus, Mr. Messer, Mr. Rouzer, Mr. Palmer, Mr. Knight, Mr. Pearce, Mr. Massie, Mr. Huelskamp, Mr. Zinke, Mr. Sam Johnson of Texas, and Mr. Brady of Texas) introduced the following joint resolution; which was referred to the Committee on Energy and Commerce

		JOINT RESOLUTION
		Disapproving a rule submitted by the Environmental Protection Agency relating to Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating
			 Units.

 That Congress disapproves the rule submitted by the Environmental Protection Agency relating to Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, and contained in the docket numbered EPA–HQ–OAR–2013–0602, and such rule shall have no force or effect.