		I
		111th CONGRESS
		1st Session
		H. R. 1266
		IN THE HOUSE OF REPRESENTATIVES

			March 3, 2009
			Mr. Abercrombie (for
			 himself, Ms. Hirono,
			 Mr. Faleomavaega,
			 Mrs. Christensen,
			 Ms. Bordallo, and
			 Mr. Young of Alaska) introduced the
			 following bill; which was referred to the Committee on Oversight and Government
			 Reform

		A BILL
		To provide for retirement equity for Federal employees in
		  nonforeign areas outside the 48 contiguous States and the District of Columbia,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Non-Foreign Area Retirement Equity
			 Assurance Act of 2009 or the Non-Foreign AREA Act of 2009.
		2.Extension of Locality Pay
			(a)Locality-based comparability
			 paymentsSection 5304 of
			 title 5, United States Code, is amended—
				(1)in subsection (f)(1), by striking
			 subparagraph (A) and inserting the following:

						(A)each General Schedule position in the
				United States, as defined under section 5921(4), and its territories and
				possessions, including the Commonwealth of Puerto Rico and the Commonwealth of
				the Northern Mariana Islands, shall be included within a pay
				locality;
						;
				(2)in subsection (g)—
					(A)in paragraph (2)—
						(i)in subparagraph (A), by striking
			 and after the semicolon;
						(ii)in subparagraph (B) by striking the period
			 and inserting ; and; and
						(iii)by adding after subparagraph (B) the
			 following:

								(C)positions under subsection (h)(1)(C) not
				covered by appraisal systems certified under section 5382;
				and
								;
				and
						(B)by adding at the end the following:

							(3)The applicable maximum under this
				subsection shall be level II of the Executive Schedule for positions under
				subsection (h)(1)(C) covered by appraisal systems certified under section
				5307(d).
							;
				and
					(3)in subsection (h)(1)—
					(A)in subparagraph (B), by striking
			 and after the semicolon;
					(B)by redesignating subparagraph (C) as
			 subparagraph (D);
					(C)by inserting after subparagraph (B) the
			 following:

							(C)a Senior Executive Service position under
				section 3132 or 3151, located within the United States but outside the 48
				contiguous States and the District of Columbia, in which the incumbent was an
				individual who on the day before the date of enactment of the
				Non-Foreign Area Retirement Equity Assurance
				Act of 2009 was eligible to receive a cost-of-living allowance
				under section 5941; and
							;

					(D)in clause (iv), by inserting ,
			 except for members covered by subparagraph (C) before the semicolon;
			 and
					(E)in clause (v), by
			 inserting , except for members covered by subparagraph (C)
			 before the semicolon.
					(b)Allowances based on living costs and
			 conditions of environmentSection 5941 of title 5, United States
			 Code, is amended—
				(1)in subsection (a), by adding after the last
			 sentence the following: Notwithstanding any of the preceding provisions
			 of this subsection, the cost-of-living allowance rate based on paragraph (1)
			 shall be the cost-of-living allowance rate in effect on the date of enactment
			 of the Non-Foreign Area Retirement Equity Assurance Act of 2009, except as
			 adjusted under subsection (c).;
				(2)by redesignating subsection (b) as
			 subsection (d); and
				(3)by inserting after subsection (a) the
			 following:

						(b)This section shall apply only to areas that
				are designated as cost-of-living allowance areas as in effect on December 31,
				2009.
						(c)(1)The cost-of-living allowance rate payable
				under this section shall be adjusted on the first day of the first applicable
				pay period beginning on or after—
								(A)January 1, 2010; and
								(B)January 1 of each calendar year in which a
				locality-based comparability adjustment takes effect under paragraph (2) or (3)
				of section 4 of the Non-Foreign Area Retirement Equity Assurance Act of
				2009.
								(2)(A)In this paragraph, the term
				applicable locality-based comparability pay percentage means, with
				respect to calendar year 2010 and each calendar year thereafter, the applicable
				percentage under paragraph (1), (2), or (3) of section 4 of the Non-Foreign
				Area Retirement Equity Assurance Act of 2009, as the case may be.
								(B)Each adjusted cost-of-living allowance rate
				under paragraph (1) shall be computed by—
									(i)subtracting 65 percent of the applicable
				locality-based comparability pay percentage from the cost-of-living allowance
				percentage rate in effect on December 31, 2009; and
									(ii)dividing the resulting percentage
				determined under clause (i) by the sum of—
										(I)one; and
										(II)the applicable locality-based comparability
				payment percentage expressed as a numeral.
										(3)No allowance rate computed under paragraph
				(2) may be less than zero.
							(4)Each allowance rate computed under
				paragraph (2) shall be paid as a percentage of basic pay (including any
				applicable locality-based comparability payment under section 5304 or similar
				provision of law and any applicable special rate of pay under section 5305 or
				similar provision of
				law).
							.
				3.Adjustment of special rates
			(a)In generalEach special rate of pay established under
			 section 5305 of title 5, United States Code, and payable in an area designated
			 as a cost-of-living allowance area under section 5941(a) of that title, shall
			 be adjusted, on the dates prescribed by section 4 of this Act, in accordance
			 with regulations prescribed by the Director of the Office of Personnel
			 Management under section 8 of this Act.
			(b)Agencies with statutory authority
				(1)In
			 generalEach special rate of
			 pay established under an authority described under paragraph (2) and payable in
			 a location designated as a cost-of-living allowance area under section
			 5941(a)(1) of title 5, United States Code, shall be adjusted in accordance with
			 regulations prescribed by the applicable head of the agency that are consistent
			 with the regulations issued by the Director of the Office of Personnel
			 Management under subsection (a).
				(2)Statutory
			 authorityThe authority referred to under paragraph (1), is any
			 statutory authority that—
					(A)is similar to the
			 authority exercised under section 5305 of title 5, United States Code;
					(B)is exercised by
			 the head of an agency when the head of the agency determines it to be necessary
			 in order to obtain or retain the services of persons specified by statute;
			 and
					(C)authorizes the
			 head of the agency to increase the minimum, intermediate, or maximum rates of
			 basic pay authorized under applicable statutes and regulations.
					(c)Temporary adjustmentRegulations issued under subsection (a) or
			 (b) may provide that statutory limitations on the amount of such special rates
			 may be temporarily raised to a higher level during the transition period
			 described in section 4 ending on the first day of the first pay period
			 beginning on or after January 1, 2012, at which time any special rate of pay in
			 excess of the applicable limitation shall be converted to a retained rate under
			 section 5363 of title 5, United States Code.
			4. Transition schedule for locality-based
			 comparability paymentsNotwithstanding any other provision of this
			 Act or section 5304 or 5304a of title 5, United States Code, in implementing
			 the amendments made by this Act, for each non-foreign area determined under
			 section 5941(b) of that title, the applicable rate for the locality-based
			 comparability adjustment that is used in the computation required under section
			 5941(c) of that title shall be adjusted effective on the first day of the first
			 pay period beginning on or after January 1—
			(1)in calendar year 2010, by using
			 1/3 of the locality pay percentage for the rest of United
			 States locality pay area;
			(2)in calendar year 2011, by using
			 2/3 of the otherwise applicable comparability payment
			 approved by the President for each non-foreign area; and
			(3)in calendar year 2012 and each subsequent
			 year, by using the full amount of the applicable comparability payment approved
			 by the President for each non-foreign area.
			5.Savings provision
			(a)Sense of CongressIt is the sense of Congress that—
				(1)the application of this Act to any employee
			 should not result in a decrease in the take home pay of that employee;
				(2)in calendar year 2012 and each subsequent
			 year, no employee shall receive less than the Rest of the U.S. locality pay
			 rate;
				(3)concurrent with
			 the surveys next conducted under the provisions of section 5304(d)(1)(A) of
			 title 5, United States Code, beginning after the date of the enactment of this
			 Act, the Bureau of Labor Statistics should conduct separate surveys to
			 determine the extent of any pay disparity (as defined by section 5302 of that
			 title) that may exist with respect to positions located in the State of Alaska,
			 the State of Hawaii, and the United States territories, including American
			 Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth
			 of Puerto Rico, and the United States Virgin Islands;
				(4)if the surveys
			 under paragraph (3) indicate that the pay disparity determined for the State of
			 Alaska, the State of Hawaii, or any 1 of the United States territories,
			 including American Samoa, Guam, the Commonwealth of the Northern Mariana
			 Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands,
			 exceeds the pay disparity determined for the locality which (for purposes of
			 section 5304 of that title) is commonly known as the Rest of the United
			 States, the President’s Pay Agent should take appropriate measures to
			 provide that each such surveyed area be treated as a separate pay locality for
			 purposes of that section; and
				(5)the President’s
			 Pay Agent will establish 1 locality area for the entire State of Hawaii and 1
			 locality area for the entire State of Alaska.
				(b)Savings provisions
				(1)In generalDuring the period described under section 4
			 of this Act, an employee paid a special rate under 5305 of title 5, United
			 States Code, who the day before the date of enactment of this Act was eligible
			 to receive a cost-of-living allowance under section 5941 of title 5, United
			 States Code, and who continues to be officially stationed in an allowance area,
			 shall receive an increase in the employee’s special rate consistent with
			 increases in the applicable special rate schedule. For employees in allowance
			 areas, the minimum step rate for any grade of a special rate schedule shall be
			 increased at the time of an increase in the applicable locality rate percentage
			 for the allowance area by not less than the dollar increase in the
			 locality-based comparability payment for a non-special rate employee at the
			 same minimum step provided under section 4 of this Act, and corresponding
			 increases shall be provided for all step rates of the given pay range.
				(2)Continuation of cost-of-living allowance
			 rateIf an employee, who the
			 day before the date of enactment of this Act was eligible to receive a
			 cost-of-living allowance under section 5941 of title 5, United States Code,
			 would receive a rate of basic pay and applicable locality-based comparability
			 payment which is in excess of the maximum rate limitation set under section
			 5304(g) of title 5, United States Code, for his position (but for that maximum
			 rate limitation) due to the operation of this Act, the employee shall continue
			 to receive the cost-of-living allowance rate in effect on December 31, 2009
			 without adjustment until—
					(A)the employee leaves the allowance area or
			 pay system; or
					(B)the employee is entitled to receive basic
			 pay (including any applicable locality-based comparability payment or similar
			 supplement) at a higher rate,
					but, when any such position becomes
			 vacant, the pay of any subsequent appointee thereto shall be fixed in the
			 manner provided by applicable law and regulation.(3)Locality-based comparability
			 paymentsAny employee covered
			 under paragraph (2) shall receive any applicable locality-based comparability
			 payment extended under section 4 of this Act which is not in excess of the
			 maximum rate set under section 5304(g) of title 5, United States Code, for his
			 position including any future increase to statutory pay limitations under 5318
			 of title 5, United States Code. Notwithstanding paragraph (2), to the extent
			 that an employee covered under that paragraph receives any amount of
			 locality-based comparability payment, the cost-of-living allowance rate under
			 that paragraph shall be reduced accordingly, as provided under section
			 5941(c)(2)(B) of title 5, United States Code.
				6.Application to other eligible
			 employees
			(a)In General
				(1)DefinitionIn this subsection, the term covered
			 employee means—
					(A)any employee who—
						(i)on the day before the date of enactment of
			 this Act—
							(I)was eligible to be paid a cost-of-living
			 allowance under 5941 of title 5, United States Code; and
							(II)was not eligible to be paid locality-based
			 comparability payments under 5304 or 5304a of that title; or
							(ii)on or after the date of enactment of this
			 Act becomes eligible to be paid a cost-of-living allowance under 5941 of title
			 5, United States Code; or
						(B)any employee who—
						(i)on the day before the date of enactment of
			 this Act—
							(I)was eligible to be paid an allowance under
			 section 1603(b) of title 10, United States Code;
							(II)was eligible to be paid an allowance under
			 section 1005(b) of title 39, United States Code;
							(III)was employed by the Transportation Security
			 Administration of the Department of Homeland Security and was eligible to be
			 paid an allowance based on section 5941 of title 5, United States Code;
			 or
							(IV)was eligible to
			 be paid under any other authority a cost-of-living allowance that is equivalent
			 to the cost-of-living allowance under section 5941 of title 5, United States
			 Code; or
							(ii)on or after the date of enactment of this
			 Act—
							(I)becomes eligible to be paid an allowance
			 under section 1603(b) of title 10, United States Code;
							(II)becomes eligible to be paid an allowance
			 under section 1005(b) of title 39, United States Code;
							(III)is employed by the Transportation Security
			 Administration of the Department of Homeland Security and becomes eligible to
			 be paid an allowance based on section 5941 of title 5, United States Code;
			 or
							(IV)is eligible to be
			 paid under any other authority a cost-of-living allowance that is equivalent to
			 the cost-of-living allowance under section 5941 of title 5, United States
			 Code.
							(2)Application to covered employees
					(A)In generalNotwithstanding any other provision of law,
			 for purposes of this Act (including the amendments made by this Act) any
			 covered employee shall be treated as an employee to whom section 5941 of title
			 5, United States Code (as amended by section 2 of this Act), and section 4 of
			 this Act apply.
					(B)Pay fixed by statutePay to covered employees under section 5304
			 or 5304a of title 5, United States Code, as a result of the application of this
			 Act shall be considered to be fixed by statute.
					(C)Performance appraisal systemWith respect to a covered employee who is
			 subject to a performance appraisal system, no part of pay attributable to
			 locality-based comparability payments as a result of the application of this
			 Act, including section 5941 of title 5, United States Code (as amended by
			 section 2 of this Act), may be reduced on the basis of the performance of that
			 employee.
					(b)Postal employees in non-foreign
			 areas
				(1)In generalSection 1005(b) of title 39, United States
			 Code, is amended—
					(A)by inserting (1) after
			 (b);
					(B)by striking Section 5941,
			 and inserting Except as provided under paragraph (2), section
			 5941;
					(C)by striking For purposes of such
			 section, and inserting Except as provided under paragraph (2),
			 for purposes of section 5941 of that title,; and
					(D)by adding at the end the following:

							(2)On and after the date of enactment of the
				Non-Foreign Area Retirement Equity Assurance Act of 2009—
								(A)the provisions of that Act and section 5941
				of title 5 shall apply to officers and employees covered by section 1003(b) and
				(c) whose duty station is in a nonforeign area; and
								(B)with respect to officers and employees of
				the Postal Service (other than those officers and employees described under
				subparagraph (A)), section 6(b)(2) of that Act shall
				apply.
								.
					(2)Continuation of cost-of-living
			 allowance
					(A)In generalNotwithstanding any other provision of this
			 Act, any employee of the Postal Service (other than an employee covered by
			 subsection (b) or (c) of section 1003 of title 39, United States Code, whose
			 duty station is in a nonforeign area) who is paid an allowance under section
			 1005(b) of that title shall for all purposes be treated as if the provisions of
			 this Act (including the amendments made by this Act) had not been enacted,
			 except that the cost-of-living allowance rate paid to that employee—
						(i)may result in the allowance exceeding 25
			 percent of the rate of basic pay of that employee; and
						(ii)shall be the greater of—
							(I)the cost-of-living allowance rate in effect
			 on December 31, 2009, for the applicable area; or
							(II)the applicable locality-based comparability
			 pay percentage under section 4.
							(B)Rule of constructionNothing in this Act shall be construed
			 to—
						(i)provide for an employee described under
			 subparagraph (A) to be a covered employee, as defined under subsection (a);
			 or
						(ii)authorize an employee described under
			 subparagraph (A) to file an election under section 7 of this Act.
						7.Election of additional basic pay for
			 annuity computation by employees
			(a)DefinitionIn this section, the term covered
			 employee means any employee—
				(1)to whom section 4 applies;
				(2)who is separated from service by reason of
			 retirement under chapter 83 or 84 of title 5, United States Code, during the
			 period of January 1, 2010, through December 31, 2012; and
				(3)who files an election with the Office of
			 Personnel Management under subsection (b).
				(b)Election
				(1)In generalAn employee described under subsection
			 (a)(1)–(2) may file an election with the Office of Personnel Management to be
			 covered under this section.
				(2)DeadlineAn election under this subsection may be
			 filed not later than December 31, 2012.
				(c)Computation of annuity
				(1)In generalExcept as provided under paragraph (2), for
			 purposes of the computation of an annuity of a covered employee any
			 cost-of-living allowance under section 5941 of title 5, United States Code,
			 paid to that employee during the first applicable pay period beginning on or
			 after January 1, 2010, through the first applicable pay period ending on or
			 after December 31, 2012, shall be considered basic pay, as defined under
			 section 8331(3) or 8401(4) of that title.
				(2)LimitationThe amount of the cost-of-living allowance
			 which may be considered basic pay under paragraph (1) may not exceed the amount
			 of the locality-based comparability payments the employee would have received
			 during that period for the applicable pay area if the limitation under section
			 4 of this Act did not apply.
				(d)Civil Service Retirement and Disability
			 Retirement Fund
				(1)Employee contributionsA covered employee shall pay into the Civil
			 Service Retirement and Disability Retirement Fund—
					(A)an amount equal to the difference
			 between—
						(i)employee contributions that would have been
			 deducted and withheld from pay under section 8334 or 8422 of title 5, United
			 States Code, during the period described under subsection (c) of this section
			 if the cost-of-living allowances described under that subsection had been
			 treated as basic pay under section 8331(3) or 8401(4) of title 5, United States
			 Code; and
						(ii)employee contributions that were actually
			 deducted and withheld from pay under section 8334 or 8422 of title 5, United
			 States Code, during that period; and
						(B)interest as prescribed under section
			 8334(e) of title 5, United States Code, based on the amount determined under
			 subparagraph (A).
					(2)Agency contributions
					(A)In generalThe employing agency of a covered employee
			 shall pay into the Civil Service Retirement and Disability Retirement Fund an
			 amount for applicable agency contributions based on payments made under
			 paragraph (1).
					(B)SourceAmounts paid under this paragraph shall be
			 contributed from the appropriation or fund used to pay the employee.
					(3)RegulationsThe Office of Personnel Management may
			 prescribe regulations to carry out this section.
				8.Regulations
			(a)In GeneralThe Director of the Office of Personnel
			 Management shall prescribe regulations to carry out this Act, including—
				(1)rules for special rate employees described
			 under section 3;
				(2)rules for adjusting rates of basic pay for
			 employees in pay systems administered by the Office of Personnel Management
			 when such employees are not entitled to locality-based comparability payments
			 under section 5304 of title 5, United States Code, without regard to otherwise
			 applicable statutory pay limitations during the transition period described in
			 section 4 ending on the first day of the first pay period beginning on or after
			 January 1, 2012; and
				(3)rules governing establishment and
			 adjustment of saved or retained rates for any employee whose rate of pay
			 exceeds applicable pay limitations on the first day of the first pay period
			 beginning on or after January 1, 2012.
				(b)Other Pay SystemsWith the concurrence of the Director of the
			 Office of Personnel Management, the administrator of a pay system not
			 administered by the Office of Personnel Management shall prescribe regulations
			 to carry out this Act with respect to employees in such pay system, consistent
			 with the regulations issued by the Office under subsection (a).
			9.Effective dates
			(a)In GeneralExcept as provided by subsection (b), this
			 Act (including the amendments made by this Act) shall take effect on the date
			 of enactment of this Act.
			(b)Locality pay and scheduleThe amendments made by section 2 and the
			 provisions of section 4 shall take effect on the first day of the first
			 applicable pay period beginning on or after January 1, 2010.


117 S1976 IS: Nullifying Opportunities for Variants to Infect and Decimate Act
U.S. Senate
2021-06-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1976IN THE SENATE OF THE UNITED STATESJune 8, 2021Mr. Merkley (for himself and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsA BILLTo establish a program to oversee the global COVID–19 response and prepare for future pandemics, and for other purposes.1.Short titleThis Act may be cited as the Nullifying Opportunities for Variants to Infect and Decimate Act or the NOVID Act.2.Sense of CongressIt is the sense of Congress that—(1)the United States has made tremendous progress towards ending the COVID–19 pandemic within its borders, thanks to an unprecedented and highly successful vaccination campaign spearheaded by the Biden Administration;(2)the COVID–19 pandemic continues to rage unchecked across much of the world as global vaccination efforts have struggled to keep pace;(3)if current trends continue, many middle-income countries may not achieve widespread vaccination until late 2022, and the world’s poorest nations will not reach widespread vaccination coverage before 2023, if at all;(4)the situation overseas threatens progress toward ending the COVID–19 pandemic in the United States, since unchecked transmission of COVID–19 gives rise to new variants, many of which show vaccine resistance;(5)the most concerning of these variants has been shown to reduce vaccine efficacy by as much as 20 to 40 percent; and(6)the United States should take up the mantle of global leadership in the fight to end the COVID–19 pandemic—(A)to protect United States citizens from the emergence of new vaccine-resistant coronavirus variants; and (B)to prevent the kind of humanitarian catastrophe currently occurring in South Asia, South America, and elsewhere.3.Pandemic Preparedness and Response Program(a)EstablishmentThere is established the Pandemic Preparedness and Response Program (referred to in this as the Program)—(1)to oversee the United States government-wide global health response to the COVID–19 pandemic; and (2)to protect Americans from the emergence of COVID–19 variants and other pathogens with pandemic potential.(b)DirectorThe President shall appoint the Director of the Program (referred to in this Act as the Director), who shall be responsible for coordinating among the Federal departments and agencies listed in subsection (c)(1) and coordinating the role of the United States in the work of international nongovernmental organizations, development banks, civil society, and foreign governments, with respect to the global health response to the COVID–19 pandemic and the prevention of the emergence of variants or of other pathogens with pandemic potential.(c)Federal departments and agenciesThe Federal departments and agencies listed in this subsection are—(1)the Department of State; (2)the United States Agency for International Development;(3)the Centers for Disease Control and Prevention;(4)the Food and Drug Administration;(5)the Biomedical Advanced Research and Development Authority and the Health Resources and Services Administration of the Department of Health and Human Services;(6)the Department of Defense;(7)the Peace Corps;(8)the Department of Labor; and(9)any other department or agency the President determines appropriate.(d)Comprehensive strategy(1)In generalNot later than 30 days after the date of the enactment of this Act, the Director shall develop a comprehensive strategy to end the COVID–19 pandemic worldwide and to prevent future pandemics, which shall include specific achievable goals to accomplish the objectives described in paragraph (2) with respect to the COVID–19 pandemic.(2)ObjectivesThe strategy developed pursuant to paragraph (1) shall address issues relating to—(A)the shortages of vaccines, vaccine components, any raw materials necessary to producing such articles, and other supplies necessary to carrying out a global vaccination campaign, to ensure that there is an adequate supply of vaccines and other necessary articles for all countries;(B)the end-to-end delivery and administration of vaccines in low- and middle-income countries to ensure that at least 60 percent of the populations in the 92 low- and middle-income countries identified by the COVAX initiative are vaccinated as soon as possible and not later than the beginning of the second quarter of 2022; and(C)preventing future pandemics by coordinating and integrating disease surveillance and early-warning systems, harmonizing early crisis response measures around the world, and limiting the potential for spillover events before they happen.(e)Authorization of appropriations(1)AuthorizationThere is authorized to be appropriated $34,000,000,000 to carry out the Program established under this section.(2)CoordinationAmounts made available to any Federal department or agency for providing global health assistance or other forms of foreign assistance may be made available to the Program, subject to the oversight and coordination of the Director.(3)Sense of CongressIt is the sense of Congress that—(A)approximately $25,000,000,000 of the amount appropriated pursuant to paragraph (1) should be made available to scale vaccine manufacturing capacity and produce vaccines;(B)approximately $8,500,000,000 of such funds should be made available to cover the cost of end-to-end delivery and administration of vaccines in target countries; and(C)approximately $500,000,000 should be made available to establish a global disease surveillance network to protect against future pandemics.4.Implementation of comprehensive strategy(a)ImplementationIn implementing the strategy developed pursuant to section 3(d)—(1)the Director shall—(A)ensure the immediate release of the 80,000,000 doses of vaccine that the United States has already committed to send abroad;(B)reassess the United States vaccine stockpile with regard to domestic vaccination objectives and trends to determine whether further vaccines can be sent abroad;(C)coordinate with the Biomedical Advanced Research and Development Authority of the Department of Health and Human Services (referred to in this section as BARDA) to rapidly scale manufacturing capacity in the United States and in regional manufacturing hubs to whatever degree necessary and wherever necessary, to produce 8,000,000,000 vaccine doses as soon as possible, in addition to existing manufacturing capacity;(D)consider the potential benefit of regional manufacturing hubs in South America, Africa, and South Asia for the future of global health, especially the potential benefit for addressing future pandemics through the global disease surveillance network implemented pursuant to paragraph (3);(E)encourage and facilitate technology sharing and the licensing of intellectual property as much as is necessary to ensure an adequate and timely supply of necessary articles;(F)in collaboration with COVAX, ensure equitable access to vaccines, especially vaccines produced through the efforts of BARDA and the Program described in subparagraph (C) and paragraph (2);(G)work with international partners to provide enough vaccines to lower- and middle-income countries to fully vaccinate at least 60 percent of their respective populations, with special attention to the 92 lower- and middle-income countries identified by the COVAX initiative as being the most in need of assistance; and(H)consider the central and necessary role that community engagement and public awareness will play in ensuring the voluntary uptake of vaccines by at least 60 percent of the populations in target countries;(2)the Program shall—(A)work closely with host governments, international partners, and other nongovernmental organizations to develop in-country infrastructure, personnel, and other assets sufficient to deliver vaccines where they are needed and when they are needed, and to administer the vaccines to appropriate target populations;(B)build on existing healthcare delivery infrastructure and relationships developed through the President’s Emergency Plan For AIDS Relief and other pre-existing, bilateral humanitarian aid programs between the United States and the target countries, and through pre-existing multilateral relationships and initiatives in target countries;(C)develop country operational plans targeted primarily at lower- and middle-income countries without the infrastructure to manufacture, acquire, or administer vaccines;(D)monitor how many people in such target countries received inoculations, the infection rate, and vaccine manufacture status, including as a result of the activities of the Program; and(E)monitor and prepare daily updates regarding the overall progress in non-targeted countries toward vaccinating their populations and ending the COVID–19 pandemic within their borders, to ensure that the Director remains aware of overall global progress toward vaccinating the global population and ending the COVID–19 pandemic worldwide; and(3)following the end or the abatement of the COVID–19 pandemic, the Program should shift to protect against future pandemics by coordinating a global disease surveillance network to identify and stop pathogens with pandemic potential before they spread uncontrollably by—(A)building on existing surveillance and prevention infrastructure and relationships developed through the National Security Council Directorate on Global Health Security and Biodefense and other pre-existing surveillance and prevention programs; (B)working with international partners to establish a coordinated disease surveillance system, directly linked to decision makers in foreign governments and nongovernmental organizations, so that certain agreed early-warning metrics would trigger timely and open communication between relevant decision makers around the world; and(C)in addition to monitoring for early warning signs of potential future pandemics, considering how to prevent or limit the potential for new spillover events by which new pathogens with pandemic potential are first transmitted to humans.(b)Sense of CongressIt is the sense of Congress that—(1)the United States Government played a crucial role in the unprecedented rapid development of the COVID–19 vaccines, substantially funding several vaccine candidates and closely collaborating with Moderna on the NIH-Moderna vaccine; and(2)in the face of a global health emergency, the United States Government has broad authority, including under the Defense Production Act (50 U.S.C. 4501 et seq.) and chapter 18 of title 35, United States Code (commonly referred to as the Bayh-Dole Act), to ensure adequate supply of vaccines, necessary components, and raw materials through technology sharing and direct collaboration with manufacturers around the world.


114 S460 IS: Drinking Water Protection Act
U.S. Senate
2015-02-11
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.

II114th CONGRESS1st SessionS. 460IN THE SENATE OF THE UNITED STATESFebruary 11, 2015Mr. Portman (for himself and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Safe Drinking Water Act to provide for the assessment and management of the risk of
			 algal toxins in drinking water, and for other purposes.

 1.Short titleThis Act may be cited as the Drinking Water Protection Act. 2.Algal toxin risk assessment and management (a)In generalPart E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following:

					1459.Algal toxin risk assessment and management
 (a)Definition of feasibleIn this section, the term feasible has the meaning given the term in section 1412(b)(4)(D). (b)Strategic plan (1)DevelopmentNot later than 90 days after the date of enactment of this section, the Administrator shall develop and submit to Congress a strategic plan for assessing and managing risks associated with algal toxins in drinking water provided by public water systems.
 (2)InclusionsThe strategic plan shall include steps and timelines— (A)to evaluate the risk to human health from drinking water provided by public water systems contaminated with algal toxins;
 (B)to establish, publish, and update a comprehensive list of algal toxins that the Administrator determines may have an adverse effect on human health when present in drinking water provided by public water systems, taking into account likely exposure levels;
 (C)to summarize— (i)the known adverse human health effects of algal toxins included on the list published under subparagraph (B) when present in drinking water provided by public water systems; and
 (ii)factors that cause toxin-producing cyanobacteria and algae to proliferate and express toxins; (D)with respect to algal toxins included on the list published under subparagraph (B), to determine whether—
 (i)to publish health advisories pursuant to section 1412(b)(1)(F) for such algal toxins in drinking water provided by public water systems;
 (ii)to establish guidance regarding feasible analytical methods to quantify the presence of algal toxins; and
 (iii)to establish guidance regarding the frequency of monitoring necessary to determine if such algal toxins are present in drinking water provided by public water systems;
 (E)to recommend feasible treatment options, including procedures, equipment, and source water protection practices, to mitigate any adverse public health effects of algal toxins included on the list published under subparagraph (B); and
 (F)to enter into cooperative agreements with, and provide technical assistance to, affected States and public water systems, as identified by the Administrator, for the purpose of managing risks associated with algal toxins included on the list published under subparagraph (B).
 (3)UpdatesThe Administrator shall, as appropriate, update and submit to Congress the strategic plan developed under paragraph (1).
 (c)Information coordinationIn carrying out this section, the Administrator shall— (1)identify gaps in the Agency’s understanding of algal toxins, including—
 (A)the human health effects of algal toxins included on the list published under subsection (b)(2)(B); and
 (B)methods and means of testing and monitoring for the presence of harmful algal toxins in source water of, or drinking water provided by, public water systems;
 (2)as appropriate, consult with— (A)other Federal agencies that—
 (i)examine or analyze cyanobacteria or algal toxins; or (ii)address public health concerns related to harmful algal blooms;
 (B)States; (C)operators of public water systems;
 (D)multinational agencies; (E)foreign governments;
 (F)research and academic institutions; and (G)companies that provide relevant drinking water treatment options; and
 (3)assemble and publish information from each Federal agency that has— (A)examined or analyzed cyanobacteria or algal toxins; or
 (B)addressed public health concerns related to harmful algal blooms. (d)Use of scienceThe Administrator shall carry out this section in accordance with the requirements described in section 1412(b)(3)(A), as applicable..
 (b)Report to CongressNot later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report that includes—
 (1)an inventory of funds— (A)expended by the United States, for each of fiscal years 2010 through 2014, to examine or analyze toxin-producing cyanobacteria and algae or address public health concerns related to harmful algal blooms; and
 (B)that includes the specific purpose for which the funds were made available, the law under which the funds were authorized, and the Federal agency that received or spent the funds; and
 (2)recommended steps to reduce any duplication, and improve interagency coordination, of such expenditures.


113 HR 4713 IH: JOE Act
U.S. House of Representatives
2014-05-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4713
		IN THE HOUSE OF REPRESENTATIVES

			May 21, 2014
			Mr. Womack introduced the following bill; which was referred to the Committee on Education and the Workforce

		A BILL
		To amend the Child Nutrition Act of 1966 to exempt school-based enterprises from nutrition
			 standards.

		1.Short titleThis Act may be cited as the Jumpstarting Occupational-learning and Entrepreneurship Act or the JOE Act.
		2.Exemption of school-based enterprises from nutrition standardsSection 10(b)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1779(b)(1)) is amended—
			(1)in subparagraph (C)—
				(A)by striking and at the end of clause (i);
				(B)by striking the period at the end of clause (ii)(IV) and inserting ; and; and
				(C)by adding at the end the following:

						(iii)exempt from such nutrition standards school-based enterprises managed as part of a school’s
			 curriculum.; and
				(2)by adding at the end the following:

					(E)School-based enterprise definedFor purposes of this subsection, the term school-based enterprise means an entrepreneurial operation in a school setting that—
						(i)provides goods or services to meet the needs of the market;
						(ii)is managed and operated by students enrolled in the school as a hands-on learning laboratory;
						(iii)provides realistic and practical learning experiences that reinforce classroom instruction;
						(iv)may sell to consumers through a permanent location, a mobile kiosk, or through Internet marketing;
			 and
						(v)may sell products such as food and beverage items, or provide services such as event catering..


114 HR 3216 : VET Act
U.S. House of Representatives
2016-09-27
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.

		IIB
		114th CONGRESS
		2d Session
		H. R. 3216
		IN THE SENATE OF THE UNITED STATES
		September 27, 2016 Received; read twice and referred to the Committee on Veterans' AffairsAN ACT
		To amend title 38, United States Code, to clarify the emergency hospital care furnished by the
			 Secretary of Veterans Affairs to certain veterans.

 1.Short titleThis Act may be cited as the Veterans Emergency Treatment Act or the VET Act. 2.Clarification of emergency hospital care furnished by the Secretary of Veterans Affairs to certain veterans (a)In generalChapter 17 of title 38, United States Code, is amended by inserting after section 1730A the following new section:

					1730B.Examination and treatment for emergency medical conditions and women in labor
 (a)Medical screening examinationsIn carrying out this chapter, if any enrolled veteran requests, or a request is made on behalf of the veteran, for examination or treatment for a medical condition, regardless of whether such condition is service-connected, at a hospital emergency department of a medical facility of the Department, the Secretary shall ensure that the veteran is provided an appropriate medical screening examination within the capability of the emergency department, including ancillary services routinely available to the emergency department, to determine whether an emergency medical condition exists.
						(b)Necessary stabilizing treatment for emergency medical conditions and labor
 (1)If an enrolled veteran comes to a medical facility of the Department and the Secretary determines that the veteran has an emergency medical condition, the Secretary shall provide either—
 (A)such further medical examination and such treatment as may be required to stabilize the medical condition; or
 (B)for the transfer of the veteran to another medical facility of the Department or a non-Department facility in accordance with subsection (c).
 (2)The Secretary is deemed to meet the requirement of paragraph (1)(A) with respect to an enrolled veteran if the Secretary offers the veteran the further medical examination and treatment described in such paragraph and informs the veteran (or an individual acting on behalf of the veteran) of the risks and benefits to the veteran of such examination and treatment, but the veteran (or individual) refuses to consent to the examination and treatment. The Secretary shall take all reasonable steps to secure the written informed consent of such veteran (or individual) to refuse such examination and treatment.
 (3)The Secretary is deemed to meet the requirement of paragraph (1) with respect to an enrolled veteran if the Secretary offers to transfer the individual to another medical facility in accordance with subsection (c) of this section and informs the veteran (or an individual acting on behalf of the veteran) of the risks and benefits to the veteran of such transfer, but the veteran (or individual) refuses to consent to the transfer. The hospital shall take all reasonable steps to secure the written informed consent of such veteran (or individual) to refuse such transfer.
							(c)Restriction of transfers until veteran stabilized
 (1)If an enrolled veteran at a medical facility of the Department has an emergency medical condition that has not been stabilized, the Secretary may not transfer the veteran to another medical facility of the Department or a non-Department facility unless—
								(A)
 (i)the veteran (or a legally responsible individual acting on behalf of the veteran), after being informed of the obligation of the Secretary under this section and of the risk of transfer, requests in writing a transfer to another medical facility;
 (ii)a physician has signed a certification (including a summary of the risks and benefits) that, based upon the information available at the time of transfer, the medical benefits reasonably expected from the provision of appropriate medical treatment at another medical facility outweigh the increased risks to the veteran and, in the case of labor, to the unborn child from effecting the transfer; or
 (iii)if a physician is not physically present in the emergency department at the time a veteran is transferred, a qualified medical person (as defined by the Secretary in regulations) has signed a certification described in clause (ii) after a physician, in consultation with the person, has made the determination described in such clause, and subsequently countersigns the certification; and
 (B)the transfer is an appropriate transfer as described in paragraph (2). (2)An appropriate transfer to a medical facility is a transfer—
 (A)in which the transferring medical facility provides the medical treatment within the capacity of the facility that minimizes the risks to the health of the enrolled veteran and, in the case of a woman in labor, the health of the unborn child;
 (B)in which the receiving facility— (i)has available space and qualified personnel for the treatment of the veteran; and
 (ii)has agreed to accept transfer of the veteran and to provide appropriate medical treatment; (C)in which the transferring facility sends to the receiving facility all medical records (or copies thereof), related to the emergency condition for which the veteran has presented, available at the time of the transfer, including records related to the emergency medical condition of the veteran, observations of signs or symptoms, preliminary diagnosis, treatment provided, results of any tests and the informed written consent or certification (or copy thereof) provided under paragraph (1)(A), and the name and address of any on-call physician (described in subsection (d)(1)(C) of this section) who has refused or failed to appear within a reasonable time to provide necessary stabilizing treatment;
 (D)in which the transfer is effected through qualified personnel and transportation equipment, as required including the use of necessary and medically appropriate life support measures during the transfer; and
 (E)that meets such other requirements as the Secretary may find necessary in the interest of the health and safety of veterans transferred.
								(d)Charges
 (1)Nothing in this section may be construed to affect any charges that the Secretary may collect from a veteran or third party.
 (2)The Secretary shall treat any care provided by a non-Department facility pursuant to this section as care otherwise provided by a non-Department facility pursuant to this chapter for purposes of paying such non-Department facility for such care.
 (e)NondiscriminationA medical facility of the Department or a non-Department facility, as the case may be, that has specialized capabilities or facilities (such as burn units, shock-trauma units, neonatal intensive care units, or (with respect to rural areas) regional referral centers as identified by the Secretary in regulation) shall not refuse to accept an appropriate transfer of an enrolled veteran who requires such specialized capabilities or facilities if the facility has the capacity to treat the veteran.
 (f)No delay in examination or treatmentA medical facility of the Department or a non-Department facility, as the case may be, may not delay provision of an appropriate medical screening examination required under subsection (a) or further medical examination and treatment required under subsection (b) of this section in order to inquire about the method of payment or insurance status of an enrolled veteran.
 (g)Whistleblower protectionsThe Secretary may not take adverse action against an employee of the Department because the employee refuses to authorize the transfer of an enrolled veteran with an emergency medical condition that has not been stabilized or because the employee reports a violation of a requirement of this section.
 (h)DefinitionsIn this section: (1)The term emergency medical condition means—
 (A)a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in—
 (i)placing the health of the enrolled veteran (or, with respect to an enrolled veteran who is a pregnant woman, the health of the woman or her unborn child) in serious jeopardy;
 (ii)serious impairment to bodily functions; or (iii)serious dysfunction of any bodily organ or part; or
 (B)with respect to an enrolled veteran who is a pregnant woman having contractions— (i)that there is inadequate time to effect a safe transfer to another hospital before delivery; or
 (ii)that transfer may pose a threat to the health or safety of the woman or the unborn child. (2)The term enrolled veteran means a veteran who is enrolled in the health care system established under section 1705(a) of this title.
 (3)The term to stabilize means, with respect to an emergency medical condition described in paragraph (1)(A), to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the enrolled veteran from a facility, or, with respect to an emergency medical condition described in paragraph (1)(B), to deliver (including the placenta).
 (4)The term stabilized means, with respect to an emergency medical condition described in paragraph (1)(A), that no material deterioration of the condition is likely, within reasonable medical probability, to result from or occur during the transfer of the individual from a facility, or, with respect to an emergency medical condition described in paragraph (1)(B), that the woman has delivered (including the placenta).
 (5)The term transfer means the movement (including the discharge) of an enrolled veteran outside the facilities of a medical facility of the Department at the direction of any individual employed by (or affiliated or associated, directly or indirectly, with) the Department, but does not include such a movement of an individual who—
 (A)has been declared dead; or (B)leaves the facility without the permission of any such person.
								.
 (b)Clerical amendmentThe table of sections of such chapter is amended by inserting after the item relating to section 1730A the following new item:

						1730B. Examination and treatment for emergency medical conditions and women in labor..

	Passed the House of Representatives September 26, 2016.Karen L. Haas,Clerk.


116 S4931 IS: Wildfire Resilient Power Grid Act of 2020
U.S. Senate
2020-12-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4931IN THE SENATE OF THE UNITED STATESDecember 1, 2020Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo require the Secretary of Energy to establish a grant program to reduce the risk of wildfires caused by power lines, and for other purposes.1.Short titleThis Act may be cited as the Wildfire Resilient Power Grid Act of 2020.2.Matching grant program(a)DefinitionsIn this section:(1)Eligible entityThe term eligible entity means an electric utility, including—(A)a publicly owned electric utility;(B)a municipal electric utility;(C)a cooperatively owned electric utility;(D)an investor-owned electric utility; and(E)a Federal agency or federally owned corporation that is an electric utility (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)).(2)Power lineThe term power line includes a transmission line or a distribution line, as applicable.(3)ProgramThe term program means the program established under subsection (b).(4)SecretaryThe term Secretary means the Secretary of Energy.(b)EstablishmentNot later than 90 days after the date of enactment of this Act, the Secretary shall establish within the Office of Electricity Delivery and Energy Reliability a program under which the Secretary shall make grants to eligible entities to carry out activities that—(1)reduce the risk of any power lines owned or operated by the eligible entity causing a wildfire;(2)are designed to enhance public safety; and(3)are supplemental to the existing wildfire risk mitigation efforts of the eligible entity planned for any given year.(c)Application(1)In generalAn eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.(2)RequirementAs a condition of receiving a grant under the program, an eligible entity shall submit to the Secretary as part of the application of the eligible entity under paragraph (1) a wildfire mitigation plan.(d)Use of grant fundsAn eligible entity may use a grant provided under the program—(1)for the undergrounding of new and existing power lines and circuits;(2)to harden overhead power lines with fire resistant equipment, such as steel poles and covered wires;(3)to install underground circuits;(4)to install fast-tripping protection systems;(5)to construct and operate 1 or more weather monitoring stations;(6)to install fault location equipment;(7)for the relocation of power lines to roadways;(8)to carry out vegetation or fuels management activities in accordance with Federal, State, and local laws (including regulations);(9)for installation of cameras, sensors, or other technology that provides real-time information about conditions; and(10)for other, related electric grid upgrades to reduce the risk of wildfire ignition.(e)PriorityIn making grants under the program, the Secretary shall give priority to projects that, in the determination of the Secretary, will generate the greatest community benefit in reducing the risk of wildfire ignition from power lines or equipment relative to the cost of the project.(f)Set asideIn making grants under the program, the Secretary shall ensure that not less than 20 percent of the amounts made available to eligible entities under the program are made available to eligible entities that sell not more than 4,000,000 megawatt hours of electricity per year.(g)Matching requirement(1)In generalExcept as provided in paragraph (2), as a condition of receiving a grant under the program, an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant.(2)Exception for small utilitiesWith respect to an eligible entity that sells not more than 4,000,000 megawatt hours of electricity per year, as a condition of receiving a grant under the program, the eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 1/3 of the amounts made available under the grant.(3)Existing effortsOn approval by the Secretary, amounts expended by an eligible entity on wildfire risk mitigation efforts during the 1-year period ending on the date on which a grant is received under the program shall count toward the matching requirement described in paragraph (1) or (2), as applicable. (h)Biennial reportNot later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the quantity by which the risk of wildfires caused by power lines has been reduced under the program during the year covered by the report.(i)Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out the program $1,000,000,000 for each of fiscal years 2022 through 2031.


114 HR 4162 IH: Clean Energy Victory Bond Act of 2015
U.S. House of Representatives
2015-12-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 4162
IN THE HOUSE OF REPRESENTATIVES

December 2, 2015
Ms. Lofgren (for herself and Ms. Matsui) introduced the following bill; which was referred to the Committee on Ways and Means, 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 promote the domestic development and deployment of clean energy technologies required for the 21st century.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Clean Energy Victory Bond Act of 2015. (b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Title I—Clean Energy Victory Bonds
Sec. 101. Clean Energy Victory Bonds.
Title II—Revenue provisions
Sec. 201. Extension and modification of energy investment tax credit.
Sec. 202. Extension of residential energy efficient property credit.
Sec. 203. Extension and modification of credit for electricity produced from certain renewable resources.
Sec. 204. Extension of credit for nonbusiness energy property.
Sec. 205. Performance based home energy improvements.
Sec. 206. Extension of new energy efficient home credit.
Sec. 207. Extension and modification of energy efficient commercial buildings deduction.
Sec. 208. Plug-in electric vehicle grants in lieu of tax credits.
2.FindingsCongress finds the following: (1)There is enormous potential for increasing renewable energy production and energy efficiency installation in the United States.
(2)A major barrier to rapid expansion of renewable energy and energy efficiency is upfront capital costs. Government tax incentives and other assistance programs have proven beneficial in encouraging private sector development, manufacturing and installation of renewable energy and energy efficiency projects nationwide. However, these government incentives are not currently meeting demand from the private sector, and we are not taking full advantage of the potential for clean energy and transportation, as well as energy efficiency in the United States. (3)Other nations, including China and Germany are ahead of the United States in manufacturing and deploying various clean energy technologies, even though the United States invented many of these technologies.
(4)Investments in renewable energy and energy efficiency projects in the United States create green jobs for United States citizens across the United States. Hundreds of thousands of jobs could be created through expanded government support for clean energy and energy efficiency. (5)As Americans choose energy efficiency and clean energy and transportation, it reduces our dependence on foreign oil and improves our energy security.
(6)Bonds are a low-cost method for encouraging clean energy, not requiring direct budget allocations or expenditures. The projects supported through Clean Energy Victory Bonds will create jobs and business revenues that will increase Federal tax revenues, while simultaneously reducing health and environmental costs incurred by the Federal Government nationwide. (7)In World War II, over 80 percent of American households purchased Victory Bonds to support the war effort, raising over $185 billion, or over $2 trillion in today’s dollars.
IClean Energy Victory Bonds
101.Clean Energy Victory Bonds
(a)Initial capitalizationThe Secretary of the Treasury shall issue Clean Energy Victory Bonds in an amount not to exceed $7,500,000,000 on the credit of the United States for purposes of raising revenue for the extension of certain energy-related tax benefits extended by this Act. (b)Denominations and maturityClean Energy Victory Bonds shall be in the form of United States Savings Bonds of Series EE or as administered by the Bureau of the Public Debt of the Department of the Treasury in denominations of $25, and shall mature within such periods as determined by the Secretary of the Treasury.
(c)InterestClean Energy Victory Bonds shall bear interest at the rate the Secretary of the Treasury sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary of the Treasury which is based on the valuation of carbon mitigated or energy saved through funded projects funded from the proceeds of such bonds. (d)Promotion (1)In generalThe Secretary of the Treasury shall take such actions, independently and in conjunction with financial institutions offering Clean Energy Victory Bonds, to promote the purchase of Clean Energy Victory Bonds, including campaigns describing the financial and social benefits of purchasing Clean Energy Victory Bonds.
(2)Promotional activitiesSuch promotional activities may include advertisements, pamphlets, or other promotional materials— (A)in periodicals;
(B)on billboards and other outdoor venues; (C)on television;
(D)on radio; (E)on the Internet;
(F)within financial institutions that offer Clean Energy Victory Bonds; or (G)any other venues or outlets the Secretary of the Treasury may identify.
(3)LimitationThere are authorized to be appropriated for such promotional activities not more than— (A)$10,000,000 in the first year after the date of the enactment of this Act, and
(B)$2,000,000 in each year thereafter. (e)Future capitalization (1)In generalAfter the initial capitalization limit is reached under subsection (a), the Secretary of the Treasury may issue additional Clean Energy Victory Bonds on the credit of the United States.
(2)Single issue limitationNo such additional issue may exceed $7,500,000,000. (3)Aggregate limitationsThe aggregate of any such additional issues during the 4-year period beginning on the day after the initial capitalization limit is reached under subsection (a) may not exceed $50,000,000,000. The aggregate of any such additional issues after the expiration of such 4-year period may not exceed $50,000,000,000.
(f)Lawful investmentsClean Energy Victory Bonds shall be lawful investments, and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under the authority or control of the United States or any officer or officers thereof. IIRevenue provisions 201.Extension and modification of energy investment tax credit (a)Extension (1)Solar energyParagraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 are each amended by striking January 1, 2017 and inserting January 1, 2024.
(2)Geothermal heat pumpsSection 48(a)(3)(A)(vii) of such Code is amended by striking January 1, 2017 and inserting January 1, 2024. (3)Fuel cell propertySection 48(c)(1)(D) of such Code is amended by striking December 31, 2016 and inserting December 31, 2023.
(4)Microturbine propertySection 48(c)(2)(D) of such Code is amended by striking December 31, 2016 and inserting December 31, 2023. (5)Combined heat and powerSection 48(c)(3)(iv) of such Code is amended by striking January 1, 2017 and inserting January 1, 2024.
(6)Small windSection 48(c)(4)(C) of such Code is amended by striking December 31, 2016 and inserting December 31, 2023. (7)Offshore wind (A)In generalSection 48(a)(5)(C)(ii) of such Code is amended—
(i)by striking is placed in service in and inserting the following: is—
(I)except as provided in subclause (II), placed in service in, (ii)by adding at the end the following new subclause:

(II)in the case of an offshore wind facility, placed in service after December 31, 2008, and before January 1, 2022, and. (B)Offshore wind facilitySection 48(a)(5) of such Code is amended by adding at the end the following new subparagraph:

(E)Offshore wind facilityThe term offshore wind facility means any qualified facility described in section 45(d)(1) and located in the inland navigable waters of the United States, including the Great Lakes, or in the coastal waters of the United States, including the territorial seas of the United States, the exclusive economic zone of the United States, and the outer Continental Shelf of the United States.. (b)Modification of fuel cell propertySection 48(c)(1) of such Code, as amended by this Act, is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph:

(D)Exception for fuel derived from fossil fuelsThe term qualified fuel cell powerplant shall not include any fuel cell powerplant the fuel of which is derived from, or is produced by using, any fossil fuel.. (c)Effective dateThe amendments made by this section shall take effect on the date of the enactment of this Act.
202.Extension of residential energy efficient property credit
(a)In generalSection 25D(g) of the Internal Revenue Code of 1986 is amended by striking December 31, 2016 and inserting December 31, 2024. (b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2016.
203.Extension and modification of credit for electricity produced from certain renewable resources
(a)ExtensionSection 45(d) of the Internal Revenue Code of 1986 is amended— (1)by striking January 1, 2015 in paragraph (1) and inserting January 1, 2024,
(2)by striking January 1, 2015 each place it appears in paragraphs (2), (3), (4), (9), and (11) and inserting January 1, 2024, and (3)by striking January 1, 2006 in paragraph (4) and inserting before January 1, 2006, or after the date of the enactment of the Clean Energy Victory Bond Act of 2015 and before January 1, 2024.
(b)Modifications with respect to closed-Loop biomass
(1)In generalSection 45(c)(2) of such Code is amended to read as follows:  (2)Closed-Loop biomass (A)In generalThe term closed-loop biomass means any organic matter from a plant which—
(i)is planted exclusively for purposes of being used at a qualified facility to produce electricity, or (ii)is a byproduct from harvesting timber (including tops, branches, crooks) or is invasive woody vegetation that interferes with regeneration or the natural growth of the forest from which timber is harvested.
(B)LimitationFor purposes of subparagraph (A)(ii), byproduct from harvesting timber shall not be treated as closed-loop biomass unless— (i)such byproduct does not exceed 30 percent (by weight) of the harvested timber to which it relates, and
(ii)the percentage byproduct removed (by weight) does not exceed— (I)25 percent in the case of timber harvested from good soil, and
(II)0 percent in the case of timber harvested from poor soil.For purposes of the preceding sentence, soil quality shall be determined by reference to soil classifications by the Natural Resources Conservation Service.. (2)Qualified facilitySection 45(d)(2) of such Code is amended by adding at the end the following new subparagraph:

(D)Greenhouse gas emissionsIn the case of a facility placed in service after December 31, 2015, such term shall not include any facility unless, with respect to the facility, the taxpayer annually during the 10-year period described in subsection (a) demonstrates to the satisfaction of the Secretary that such facility’s use of closed-loop biomass will result in a 50-percent reduction in greenhouse gas emissions compared to a similar facility using natural gas combined-cycle generation.. (c)Modification of open-Loop biomass definitionThe second sentence of section 45(c)(3)(A) of such Code is amended—
(1)by striking or biomass and inserting , biomass, and (2)by inserting before the period at the end the following: , any biomass which is primarily a food crop, or biomass derived from any crop that displaces any forest existing on the date of the enactment of the Clean Energy Victory Bond Act of 2015.
(d)Modification of biofuel as qualified energy resource
(1)In generalSection 45(c)(1) of such Code is amended by striking and at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting , and, and by adding at the end the following new subparagraph:  (J)second generation biomass..
(2)Second generation biomass definedSection 45(c) of such Code is amended by adding at the end the following new paragraph:  (11)Second generation biomassThe term second generation biomass means any biomass which is composed of lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis and that does not replace forested land (other than any fuel described in section 40(b)(6)(E)(iii))..
(3)Qualified facilitySection 45(d) of such Code is amended by adding at the end the following new paragraph:  (12)Second generation biomassIn the case of a facility producing electricity from second generation biomass, the term qualified facility means any facility owned by the taxpayer which is originally placed in service on or after the date of the enactment of this paragraph and before January 1, 2024..
(e)Effective dateThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 204.Extension of credit for nonbusiness energy property (a)In generalSection 25C(g)(2) of the Internal Revenue Code of 1986 is amended by striking December 31, 2014 and inserting December 31, 2023.
(b)Effective dateThe amendment made by this section shall apply to property placed in service after December 31, 2014. 205.Performance based home energy improvements (a)In generalSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

25E.Performance based energy improvements
(a)In generalIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year for a qualified whole home energy efficiency retrofit an amount determined under subsection (b). (b)Amount determined (1)In generalSubject to paragraph (4), the amount determined under this subsection is equal to—
(A)the base amount under paragraph (2), increased by (B)the amount determined under paragraph (3).
(2)Base amountFor purposes of paragraph (1)(A), the base amount is $2,000, but only if the energy use for the residence is reduced by at least 20 percent below the baseline energy use for such residence as calculated according to paragraph (5). (3)Increase amountFor purposes of paragraph (1)(B), the amount determined under this paragraph is $500 for each additional 5 percentage point reduction in energy use.
(4)LimitationIn no event shall the amount determined under this subsection exceed the lesser of— (A)$5,000 with respect to any residence, or
(B)30 percent of the qualified home energy efficiency expenditures paid or incurred by the taxpayer under subsection (c) with respect to such residence. (5)Determination of energy use reductionFor purposes of this subsection—
(A)In generalThe reduction in energy use for any residence shall be determined by modeling the annual predicted percentage reduction in total energy costs for heating, cooling, hot water, and permanent lighting. It shall be modeled using computer modeling software approved under subsection (d)(2) and a baseline energy use calculated according to subsection (d)(1)(C). (B)Energy costsFor purposes of subparagraph (A), the energy cost per unit of fuel for each fuel type shall be determined by dividing the total actual energy bill for the residence for that fuel type for the most recent available 12-month period by the total energy units of that fuel type used over the same period.
(c)Qualified home energy efficiency expendituresFor purposes of this section, the term qualified home energy efficiency expenditures— (1)means any amount paid or incurred by the taxpayer during the taxable year for a qualified whole home energy efficiency retrofit, including the cost of diagnostic procedures, labor, and modeling,
(2)includes only measures that have an average estimated life of 5 years or more as determined by the Secretary, after consultation with the Secretary of Energy, (3)does not include any amount which is paid or incurred in connection with any expansion of the building envelope of the residence, and
(4)does not include improvements to swimming pools or hot tubs or any other expenditure specifically excluded by the Secretary, after consultation with the Secretary of Energy. (d)Qualified whole home energy efficiency retrofitFor purposes of this section—
(1)In generalThe term qualified whole home energy efficiency retrofit means the implementation of measures placed in service during the taxable year intended to reduce the energy use of the principal residence of the taxpayer which is located in the United States. A qualified whole home energy efficiency retrofit shall— (A)be designed, implemented, and installed by a contractor which is—
(i)accredited by the Building Performance Institute (hereafter in this section referred to as BPI) or a preexisting BPI accreditation-based State certification program with enhancements to achieve State energy policy, (ii)a Residential Energy Services Network (hereafter in this section referred to as RESNET) accredited Energy Smart Home Performance Team, or
(iii)accredited by an equivalent certification program approved by the Secretary, after consultation with the Secretary of Energy, for this purpose, (B)install a set of measures modeled to achieve a reduction in energy use of at least 20 percent below the baseline energy use established in subparagraph (C), using computer modeling software approved under paragraph (2),
(C)establish the baseline energy use by calibrating the model using sections 3 and 4 and Annex D of BPI Standard BPI–2400–S–2011: Standardized Qualification of Whole House Energy Savings Estimates, or an equivalent standard approved by the Secretary, after consultation with the Secretary of Energy, for this purpose, (D)document the measures implemented in the residence through photographs taken before and after the retrofit, including photographs of its visible energy systems and envelope as relevant, and
(E)implement a test-out procedure, following guidelines of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent guidelines approved by the Secretary, after consultation with the Secretary of Energy, for this purpose, to ensure— (i)the safe operation of all systems post retrofit, and
(ii)that all improvements are included in, and have been installed according to, standards of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent standards approved by the Secretary, after consultation with the Secretary of Energy, for this purpose.For purposes of subparagraph (A)(iii), an organization or State may submit an equivalent certification program for approval by the Secretary, in consultation with the Secretary of Energy. The Secretary shall approve or deny such submission not later than 180 days after receipt, and, if the Secretary fails to respond in that time period, the submitted equivalent certification program shall be considered approved. (2)Approved modeling softwareFor purposes of paragraph (1)(B), the contractor shall use modeling software certified by RESNET as following the software verification test suites in section 4.2.1 of RESNET Publication No. 06–001 or certified by an alternative organization as following an equivalent standard, as approved by the Secretary, after consultation with the Secretary of Energy, for this purpose.
(3)DocumentationThe Secretary, after consultation with the Secretary of Energy, shall prescribe regulations directing what specific documentation is required to be retained or submitted by the taxpayer in order to claim the credit under this section, which shall include, in addition to the photographs under paragraph (1)(D), a form approved by the Secretary that is completed and signed by the qualified whole home energy efficiency retrofit contractor under penalties of perjury. Such form shall include— (A)a statement that the contractor followed the specified procedures for establishing baseline energy use and estimating reduction in energy use,
(B)the name of the software used for calculating the baseline energy use and reduction in energy use, the percentage reduction in projected energy savings achieved, and a statement that such software was certified for this program by the Secretary, after consultation with the Secretary of Energy, (C)a statement that the contractor will retain the details of the calculations and underlying energy bills for 5 years and will make such details available for inspection by the Secretary or the Secretary of Energy, if so requested,
(D)a list of measures installed and a statement that all measures included in the reduction in energy use estimate are included in, and installed according to, standards of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent standards approved by the Secretary, after consultation with the Secretary of Energy, (E)a statement that the contractor meets the requirements of paragraph (1)(A), and
(F)documentation of the total cost of the project in order to comply with the limitation under subsection (b)(4)(B). (e)Additional rulesFor purposes of this section—
(1)No double benefit
(A)In generalWith respect to any residence, no credit shall be allowed under this section for any taxable year in which the taxpayer claims a credit under section 25C. (B)Renewable energy systems and appliancesIn the case of a renewable energy system or appliance that qualifies for another credit under this chapter, the resulting reduction in energy use shall not be taken into account in determining the percentage energy use reductions under subsection (b).
(C)No double benefit for certain expendituresThe term qualified home energy efficiency expenditures shall not include any expenditure for which a deduction or credit is claimed by the taxpayer under this chapter for the taxable year or with respect to which the taxpayer receives any Federal energy efficiency rebate. (2)Principal residenceThe term principal residence has the same meaning as when used in section 121.
(3)Special rulesRules similar to the rules under paragraphs (4), (5), (6), (7), and (8) of section 25D(e) and section 25C(e)(2) shall apply, as determined by the Secretary, after consultation with the Secretary of Energy. (4)Basis adjustmentsFor purposes of this subtitle, if a credit is allowed under this section with respect to any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so allowed.
(5)Election not to claim creditNo credit shall be determined under subsection (a) for the taxable year if the taxpayer elects not to have subsection (a) apply to such taxable year. (6)Multiple year retrofitsIf the taxpayer has claimed a credit under this section in a previous taxable year, the baseline energy use for the calculation of reduced energy use must be established after the previous retrofit has been placed in service.
(f)TerminationThis section shall not apply with respect to any costs paid or incurred after December 31, 2024. (g)Secretary reviewThe Secretary, after consultation with the Secretary of Energy, shall establish a review process for the retrofits performed, including an estimate of the usage of the credit and a statistically valid analysis of the average actual energy use reductions, utilizing utility bill data collected on a voluntary basis, and report to Congress not later than June 30, 2017, any findings and recommendations for—
(1)improvements to the effectiveness of the credit under this section, and (2)expansion of the credit under this section to rental units..
(b)Conforming amendments
(1)Section 1016(a) of such Code is amended— (A)by striking and at the end of paragraph (36),
(B)by striking the period at the end of paragraph (37) and inserting , and, and (C)by adding at the end the following new paragraph:

(38)to the extent provided in section 25E(e)(4), in the case of amounts with respect to which a credit has been allowed under section 25E.. (2)Section 6501(m) is amended by inserting 25E(e)(5), after section.
(3)The table of sections for subpart A of part IV of subchapter A chapter 1 is amended by inserting after the item relating to section 25D the following new item:   Sec. 25E. Performance based energy improvements.. (c)Effective dateThe amendments made by this section shall apply to amounts paid or incurred for a qualified whole home energy efficiency retrofit placed in service after December 31, 2015.
206.Extension of new energy efficient home credit
(a)In generalSection 45L(g) of the Internal Revenue Code of 1986 is amended by striking December 31, 2014 and inserting December 31, 2023. (b)Effective dateThe amendment made by this section shall apply to homes acquired after December 31, 2014.
207.Extension and modification of energy efficient commercial buildings deduction
(a)In generalSection 179D(h) of the Internal Revenue Code of 1986 is amended by striking December 31, 2014 and inserting December 31, 2023. (b)Increase in deduction limitations (1)In generalSection 179D(b)(1)(A) of such Code is amended by striking $1.80 and inserting $3.00.
(2)Partial paySection 179D(d)(1)(A) is amended by striking substituting $.60 for $1.80. and inserting substituting $1.00 for $3.00.. (3)Reduced amount for lower efficiency propertySection 179D(d) of such Code is amended by adding at the end the following new paragraph:

(1)30 to 50 percent propertyIn the case of property which would be energy efficient commercial building property were subsection (c)(1)(D) applied by substituting more than 30 percent and less than 50 percent for 50 percent or more, subsection (b) shall be applied to such property by substituting $1.80 for $3.00.. (c)Updating partial allowance regulationsSection 179D(d)(1)(B) of such Code is amended by adding at the end the following: Not later than 1 year after the date of the enactment of the Clean Energy Victory Bond Act of 2015, and every three years thereafter, the Secretary shall, after consultation with the Secretary of Energy, update the targets for such systems in such a manner as the Secretary determines will encourage innovation in commercial building energy efficiency..
(d)Effective dateThe amendment made by this section shall apply to property placed in service after December 31, 2014. 208.Plug-in electric vehicle grants in lieu of tax credits (a)In generalThe Secretary of Energy, in consultation with the Secretary of the Treasury, shall establish a voluntary program through which the Secretary of Energy shall—
(1)authorize the issuance of an electronic voucher to offset the purchase price of a qualified plug-in electric vehicle or a new qualified plug-in electric drive motor vehicle purchased from a dealer participating in the program; (2)register dealers for participation in the program and require that all dealers so registered accept such vouchers as partial payment or down payment for the purchase of any such vehicle offered for sale by such dealer;
(3)make electronic payments to dealers for eligible transactions by such dealers; and (4)in consultation with the Inspector General of the Department of Transportation establish and provide for the enforcement of measures to prevent and penalize fraud under the program.
(b)Voucher limitationsA voucher issued under the program shall have a value that may be applied to offset the purchase price of a vehicle by— (1)in the case of a qualified plug-in electric vehicle, $2,500; or
(2)in the case of a new qualified plug-in electric drive motor vehicle, $2,500 plus an amount determined with respect to the vehicle under section 30D(b)(3) of the Internal Revenue Code of 1986. (c)Treated as advance payment of creditUse of a voucher under the program to offset the purchase price of a vehicle shall, for purposes of the Internal Revenue Code of 1986, be treated as advance payment of the credit allowed under section 30 or 30D of such Code, as the case may be, and the amount of credit which would (but for this paragraph) be allowable with respect to such vehicle under either such section shall be reduced (but not below zero) by the amount of the voucher so used.
(d)Definitions and special rulesFor purposes of this section— (1)Qualified plug-in electric vehicleThe term qualified plug-in electric vehicle shall have the meaning given such term by section 30(d) of the Internal Revenue Code of 1986.
(2)New qualified plug-in electric drive motor vehicleThe term new qualified plug-in electric drive motor vehicle shall have the meaning given such term by section 30D(d) of such Code. (3)No combination of vouchersOnly 1 voucher issued under the program may be applied toward the purchase of a single vehicle.
(4)Combination with other incentives permittedThe availability or use of a Federal, State, or local incentive or a State-issued voucher for the purchase of any vehicle shall not limit the value or issuance of a voucher under the program to any person otherwise eligible to receive such a voucher. (5)No additional feesA dealer participating in the program may not charge a person purchasing a vehicle any additional fees associated with the use of a voucher under the program.
(6)Application of certain rulesRules similar to the rules of paragraphs (1), (2), (3), (4), and (5) of section 30(e) of such Code shall apply for purposes of this section. (e)Termination and phaseout (1)Termination for qualified plug-in electric vehiclesThis section shall not apply to any qualified plug-in electric vehicle acquired after December 31, 2018.
(2)Phaseout for new qualified plug-in electric drive motor vehicleThe amount of any voucher with respect to any new qualified plug in electric drive motor vehicle shall be reduced as provided in section 30D(e) of the Internal Revenue Code of 1986. (f)RegulationsThe Secretary of Energy, in consultation with the Secretary of the Treasury, shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.


		I
		111th CONGRESS
		2d Session
		H. R. 5970
		IN THE HOUSE OF REPRESENTATIVES

			July 29, 2010
			Mr. Paul introduced
			 the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To repeal the amendments made by section 929I of the
		  Dodd-Frank Wall Street Reform and Consumer Protection Act relating to the
		  confidentiality of materials submitted to the Securities and Exchange
		  Commission.

		1.Short titleThis Act may be cited as the
			 SEC Transparency Act of
			 2010.
		2.Repeal of section
			 929I of the Dodd-Frank Wall Street Reform and Consumer Protection Act
			(a)Securities
			 Exchange Act of 1934Section
			 24 of the Securities Exchange Act of 1934 (15 U.S.C. 78x) is amended—
				(1)in subsection (d), by striking
			 subsection (f) and inserting subsection
			 (e);
				(2)by striking
			 subsection (e); and
				(3)by redesignating
			 subsection (f) as subsection (e).
				(b)Investment
			 Company Act of 1940Section 31 of the Investment Company Act of
			 1940 (15 U.S.C. 80a–30) is amended—
				(1)by redesignating
			 subsections (d) and (e) as subsections (e) and (f), respectively; and
				(2)by striking
			 subsection (c) and inserting after subsection (b) the following:

						(c)Limitations on
				disclosure by CommissionNotwithstanding any other provision of law,
				the Commission shall not be compelled to disclose any internal compliance or
				audit records, or information contained therein, provided to the Commission
				under this section. Nothing in this subsection shall authorize the Commission
				to withhold information from Congress or prevent the Commission from complying
				with a request for information from any other Federal department or agency
				requesting the information for purposes within the scope of the jurisdiction of
				that department or agency, or complying with an order of a court of the United
				States in an action brought by the United States or the Commission. For
				purposes of section 552 of title 5, this section shall be considered a statute
				described in subsection (b)(3)(B) of such section 552.
						(d)DefinitionsFor
				purposes of this section—
							(1)the term
				internal compliance policies and procedures means policies and
				procedures designed by subject persons to promote compliance with the Federal
				securities laws; and
							(2)the term
				internal compliance and audit record means any record prepared by
				a subject person in accordance with internal compliance policies and
				procedures.
							.
				(c)Investment
			 advisers act of 1940Section
			 210 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–10) is amended by
			 striking subsection (d).