		I
		111th CONGRESS
		2d Session
		H. R. 5983
		IN THE HOUSE OF REPRESENTATIVES

			July 30, 2010
			Mr. Towns (for
			 himself and Mr. Bilbray) introduced
			 the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To revise the Javits-Wagner-O’Day Act.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Javits-Wagner-O’Day Act of
			 2010.
			(b)Table of
			 contentsThe table of
			 contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Committee for Purchase From People Who Are Blind or
				People With Other Significant Disabilities.
					Sec. 3. Procurement requirements for the Federal Government;
				nonapplication to prison made products.
					Sec. 4. Duties of the Committee.
					Sec. 5. Qualified nonprofit agency.
					Sec. 6. Audit.
					Sec. 7. Establishment of Inspector General for Committee for
				Purchase From People Who Are Blind or People With Other Significant
				Disabilities.
					Sec. 8. Panel on the Committee and Federal
				procurement.
					Sec. 9. Definitions.
					Sec. 10. Sense of Congress.
					Sec. 11. Committee for Purchase Fund.
					Sec. 12. Conforming repeal.

			2.Committee for
			 Purchase From People Who Are Blind or People With Other Significant
			 Disabilities
			(a)EstablishmentThere
			 is established an independent Federal entity to be known as the Committee for
			 Purchase From People Who Are Blind or People With Other Significant
			 Disabilities (in this Act referred to as the Committee).
			(b)Membership
				(1)Number of
			 membersThe Committee shall be composed of 17 members appointed
			 by the President as follows:
					(A)One general or flag officer or Senior
			 Executive Service or equivalent employee from each of the following:
						(i)The Department of
			 Agriculture.
						(ii)The
			 Department of Commerce.
						(iii)The Department
			 of Defense.
						(iv)The
			 Department of Education.
						(v)The
			 Department of Homeland Security.
						(vi)The
			 Department of Justice.
						(vii)The Department
			 of Labor.
						(viii)The Department
			 of the Air Force.
						(ix)The
			 Department of the Army.
						(x)The
			 Department of the Interior.
						(xi)The
			 Department of the Navy.
						(xii)The Department
			 of Veterans Affairs.
						(xiii)The General
			 Services Administration.
						(B)One member who is
			 not an officer or employee of the Federal Government and who is conversant with
			 the problems incident to the employment of people who are blind.
					(C)One member who is not an officer or
			 employee of the Federal Government and who is conversant with the problems
			 incident to the employment of people with other significant
			 disabilities.
					(D)One member who is not an officer or
			 employee of the Federal Government and who represents people who are blind and
			 employed in a qualified nonprofit agency for people who are blind.
					(E)One member who is not an officer or
			 employee of the Federal Government and who represents people with other
			 significant disabilities (other than people who are blind) who are employed in
			 a qualified nonprofit agency for people with other significant
			 disabilities.
					(2)Nomination of
			 general or flag officer or Senior Executive Service
					(A)In
			 generalThe head of each department or agency listed in paragraph
			 (1)(A) shall nominate, in consultation with the Committee, one general or flag
			 officer or Senior Executive Service or equivalent employee in the department or
			 agency for appointment under such paragraph.
					(B)Existing
			 membersThose officers or employees serving as members of the
			 Committee on the effective date of this Act who are not general or flag
			 officers or Senior Executive Service or equivalent employees may continue
			 serving until the head of the department or agency nominates a new officer or
			 employee and the nominated officer or employee is appointed by the President as
			 a member on the Committee.
					(c)Terms
				(1)In
			 generalExcept as provided in
			 paragraph (2), each member shall be appointed for a term of 5 years and may be
			 reappointed to the Committee.
				(2)Vacancies
					(A)In
			 generalAny member appointed
			 under subparagraphs (B), (C), (D), and (E) of subsection (b)(1) to fill a
			 vacancy occurring before the expiration of the term for which the member’s
			 predecessor was appointed shall be appointed only for the remainder of that
			 term.
					(B)Extension of
			 termA member may serve after the expiration of that member’s
			 term until a successor has taken office.
					(C)Appointment of
			 member for vacancyA vacancy in the Committee shall be filled in
			 the manner in which the appointment was made pursuant to subsection (b).
					(d)Basic
			 pay
				(1)Rate of
			 payExcept as provided in paragraph (2), members of the Committee
			 shall each be entitled to receive the daily equivalent of the annual rate of
			 basic pay under section 5376 of title 5, United States Code, for each day
			 (including travel time) during which they are engaged in the actual performance
			 of duties vested in the Committee.
				(2)Prohibition of
			 compensation of Federal employeesMembers of the Committee who are officers
			 or employees of the Federal Government may not receive additional pay,
			 allowances, or benefits by reason of their service on the Committee.
				(e)Travel
			 expensesEach member shall receive travel expenses, including per
			 diem in lieu of subsistence, in accordance with applicable provisions under
			 subchapter I of chapter 57 of title 5, United States Code.
			(f)Status of
			 members
				(1)Tort
			 claimFor the purpose of chapter 171 of title 28, United States
			 Code, each member of the Committee shall be considered to be a Federal
			 employee.
				(2)Federal status
			 of membersEach member of the Committee shall be considered to be
			 a Federal employee for purposes of the provisions of law relating to ethics,
			 conflicts of interest, corruption, and any other criminal or civil statute or
			 regulation governing the conduct of Federal employees.
				(g)Chairman
				(1)ElectionThe members of the Committee shall elect
			 one of the members to be Chairman of the Committee.
				(2)VacancyThe
			 Chairman may serve after the expiration of the term until a successor has taken
			 office.
				(h)Executive
			 Director, General Counsel, and Staff of Committee; experts and
			 consultants
				(1)Executive
			 Director and General Counsel
					(A)In
			 generalSubject to rules prescribed by the Committee, the
			 Chairman may appoint and fix the pay of an Executive Director and General
			 Counsel to assist the Committee, at the direction of the Committee, in carrying
			 out the Committee’s duties and powers under this Act.
					(B)Executive
			 Director payThe Executive
			 Director shall be paid at a rate not to exceed the rate of basic pay for level
			 II of the Executive Schedule under section 5313 of title 5, United States
			 Code.
					(C)General Counsel
			 payThe General Counsel shall
			 be paid at a rate not to exceed the rate of basic pay for level III of the
			 Executive Schedule under section 5314 of title 5, United States Code.
					(2)Staff
					(A)AppointmentSubject
			 to rules prescribed by the Committee and with the consent of the Chairman, the
			 Executive Director may appoint and fix the pay of additional personnel as the
			 Executive Director considers necessary.
					(B)Applicability of
			 certain civil service lawsPersonnel appointed under subparagraph
			 (A) shall be appointed subject to the provisions of title 5, United States
			 Code, governing appointments in the competitive service, and shall be paid in
			 accordance with the provisions of chapter 51 and subchapter III of chapter 53
			 of that title relating to classification and General Schedule pay rates.
					(3)Critical
			 positions
					(A)Critical pay
			 authorityNotwithstanding
			 paragraph (2)(B) and subject to section 5377 of title 5, United States Code,
			 any rules prescribed by the Committee, and subparagraph (B), the Executive
			 Director may appoint and fix the pay of such individuals that the Executive
			 Director considers necessary for positions designated as critical
			 administrative, technical, and professional.
					(B)LimitationThe
			 number of critical positions designated under subparagraph (A) may not exceed
			 15 percent of the full-time equivalent positions authorized for the Committee
			 staff.
					(4)Experts and
			 consultantsWith the approval of the Chairman, the Executive
			 Director may procure temporary and intermittent services under section 3109(b)
			 of title 5, United States Code.
				(i)Staff of Federal
			 agenciesUpon request of the Committee, the head of any Federal
			 department or agency may detail, on a reimbursable or nonreimbursable basis,
			 any of the personnel of that department or agency to the Committee to assist it
			 in carrying out its duties and powers under this Act.
			(j)Powers of the
			 Committee
				(1)Obtaining
			 official dataThe Committee
			 may secure directly from any department or agency of the United States,
			 designated central nonprofit agency, or qualified nonprofit agency, information
			 necessary to enable it to carry out this Act. Upon request of the Chairman of
			 the Committee, the head of that department or agency shall furnish that
			 information to the Committee.
				(2)Administrative
			 support servicesUpon the request of the Committee, the
			 Administrator of General Services shall provide to the Committee, on a
			 reimbursable basis, the administrative support services necessary for the
			 Committee to carry out the duties and responsibilities of the Committee under
			 this Act.
				3.Procurement
			 requirements for the Federal Government; nonapplication to prison made
			 products
			(a)RequirementExcept as provided in subsection (b), if
			 any entity of the Federal Government intends to procure any product or service,
			 or any product or service that is essentially the same as a product or service
			 on the procurement list, that entity shall, in accordance with regulations of
			 the Committee, procure such product or service, at the price established by the
			 Committee, from a qualified nonprofit agency for people who are blind or such
			 an agency for people with other significant disabilities designated by the
			 Committee if the product or service is available within the period required by
			 that entity.
			(b)ExceptionThis
			 section shall not apply with respect to the procurement of any product that is
			 available for procurement from an industry established under chapter 307 of
			 title 18, United States Code, and which, under section 4124 of such title, is
			 required to be procured from such industry.
			4.Duties of the
			 Committee
			(a)OversightThe Committee shall oversee and carry out a
			 program under this Act to administer and implement the procurement list and
			 other provisions of this Act.
			(b)Procurement
			 list
				(1)In
			 generalThe Committee shall establish and publish in the Federal
			 Register a list (in this Act referred to as the procurement
			 list) that includes—
					(A)the products
			 produced by—
						(i)any
			 qualified nonprofit agency for people who are blind; or
						(ii)any
			 qualified nonprofit agency for people with other significant disabilities;
			 and
						(B)the services
			 provided by any such agency;
					that the
			 Committee determines are suitable for procurement by the Federal Government
			 pursuant to this Act.(2)Adding and
			 removing products and services from the procurement listExcept
			 as provided under paragraph (3), the Committee may, by rule made in accordance
			 with the requirements of subsections (b), (c), (d), and (e) of section 553 of
			 title 5, United States Code, add to and remove from the procurement list
			 products so produced and services so provided.
				(3)Adding products
			 and services to the procurement list for compelling need
					(A)In
			 generalNotwithstanding
			 subsections (b), (c), (d), and (e) of section 553 of title 5, United States
			 Code, and subject to subparagraphs (B) and (C), the Committee may establish a
			 process to immediately add products or services to the procurement list for a
			 period not to exceed five years if the Committee determines that there is a
			 compelling need to add such products or services.
					(B)ProcessThe Committee shall ensure that any process
			 under subparagraph (A) provides, before adding a product or service to the
			 list, an opportunity for a full and fair consideration of input of the
			 responsible contracting activity that includes the following:
						(i)The capability of
			 the proposed nonprofit agency to provide the product or service.
						(ii)The extent to
			 which the proposed price adequately reflects a fair market price.
						(iii)The suitability of the product or service
			 to the contracting activity.
						(C)RequirementsAny
			 product or service that is immediately added to the procurement list pursuant
			 to this paragraph—
						(i)shall be for a
			 contract that is valued at less than the simplified acquisition threshold
			 annually; and
						(ii)shall meet the
			 requirements of
			 paragraph (2) not later than two years
			 after the date on which such product or service is added to the procurement
			 list.
						(4)DesignationIn
			 administering the procurement list, the Committee shall designate which
			 qualified nonprofit agency may provide the products or services to the Federal
			 Government and may transfer the responsibility to provide such products or
			 services from any nonprofit agency to another nonprofit agency if necessary, as
			 provided by regulations.
				(5)Information
			 campaignThe Committee—
					(A)shall inform Federal agencies about the
			 procurement list and the procurement requirements under section 3 of this
			 Act;
					(B)shall encourage
			 and assist Federal agencies to identify additional products and services that
			 would be suitable to add to the procurement list; and
					(C)shall encourage the private sector to work
			 with qualified nonprofit agencies to increase employment opportunities for
			 people who are blind or people with other significant disabilities.
					(c)Fair market
			 price; price revisionThe Committee shall—
				(1)determine the fair
			 market price of products and services that are on the procurement list and that
			 are offered for sale to the Federal Government by any qualified nonprofit
			 agency; and
				(2)revise, in accordance with changing market
			 conditions, its price determinations with respect to such products and
			 services.
				(d)Central
			 nonprofit agency
				(1)Designation of
			 central nonprofit agencyTo
			 perform the duties and responsibilities under paragraph (2) and any other
			 duties and responsibilities the Committee determines are necessary to carry out
			 the purposes of this Act in accordance with regulations, the Committee shall
			 designate—
					(A)a central nonprofit agency or agencies for
			 people who are blind that is an organization described in section 501(c)(3) of
			 the Internal Revenue Code of 1986 and exempt from taxation under section 501(a)
			 of such Code; and
					(B)a central nonprofit agency or agencies for
			 people with other significant disabilities that is an organization described in
			 section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation
			 under section 501(a) of such Code.
					(2)Central
			 nonprofit agency dutiesThe
			 Committee may assign to the designated central nonprofit agencies the following
			 duties and responsibilities:
					(A)Evaluate the qualifications and
			 capabilities of the nonprofit agencies of such central nonprofit agency and
			 provide the Committee with relevant data regarding such nonprofit
			 agencies.
					(B)Represent the nonprofit agencies of such
			 central nonprofit agency in matters before the Committee.
					(C)Obtain from
			 Federal contracting activities such procurement information as the Committee
			 determines is appropriate.
					(D)Recommend to the
			 Committee suitable products or services to add to the procurement list.
					(E)Recommend to the
			 Committee—
						(i)the
			 initial fair market price for the products and services proposed to be added to
			 the procurement list; and
						(ii)price changes as market conditions
			 change.
						(F)Allocate, in accordance with the policy
			 guidelines of the Committee, orders for products and services on the
			 procurement list to the qualified nonprofit agencies of the central nonprofit
			 agency.
					(G)When authorized by the Committee, enter
			 into contracts with Federal agencies to provide products or services on the
			 procurement list.
					(H)Submit preliminary documentation and
			 information to support the qualification under section 5 of the nonprofit
			 agencies of such central nonprofit agency.
					(I)Obtain and review annual qualification
			 information from the nonprofit agencies of the central nonprofit agency.
					(J)Assist the nonprofit agencies of the
			 central nonprofit agency to meet statutory, regulatory, and contractual
			 requirements.
					(K)Assist the nonprofit agencies of the
			 central nonprofit agency to facilitate efforts to assist employees who are
			 interested to enter or retain other full-time or, if appropriate, part-time
			 competitive employment in the integrated labor market or satisfy the vocational
			 outcome of self-employment.
					(L)Perform other noninherently governmental
			 functions, at the request of the Committee or a qualified nonprofit agency of
			 the central nonprofit agency.
					(3)Right of
			 appealThe Committee shall
			 require each designated central nonprofit agency to implement
			 procedures—
					(A)that provide for a
			 review of the decisions made by the central nonprofit agency that adversely
			 impact the qualified nonprofit agency (or agency seeking qualified status);
			 and
					(B)that include a provision for a qualified
			 nonprofit agency (or agency seeking qualified status) to appeal such adverse
			 decision to the Committee.
					(e)Regulations
				(1)In
			 generalThe Committee shall
			 prescribe regulations necessary to carry out the purposes of this Act,
			 including additions, deletions, transfers, and pricing of items on the
			 procurement list and qualifications and fees of central nonprofit
			 agencies.
				(2)PriorityThe Committee shall prescribe regulations
			 providing that, in the purchase by the Federal Government of products produced
			 and offered for sale by qualified nonprofit agencies for people who are blind
			 or people with other significant disabilities, priority shall be accorded to
			 products produced and offered for sale by qualified nonprofit agencies for
			 people who are blind.
				(3)Definition for
			 compelling needThe Committee shall prescribe regulations that
			 define compelling need for purposes of section 4(b)(3).
				(4)Central
			 nonprofit agency feeThe
			 Committee shall prescribe regulations establishing an annual maximum ceiling
			 for a fee paid by nonprofit agencies to the central nonprofit agency.
				(5)NoncomplianceThe Committee shall prescribe regulations
			 to address alleged violations of this Act and regulations prescribed pursuant
			 to this Act by central nonprofit agencies and qualified nonprofit agencies,
			 including progressive sanctions and an opportunity for such agencies to address
			 and submit statements about such alleged violations to the Committee.
				(f)Demonstration
			 projectThe Committee may
			 conduct pilot or demonstration projects (on its own or in cooperation with
			 other public, nonprofit agencies, or private agencies) on the following:
				(1)Methods to
			 increase use by the Federal Government of products produced and services
			 delivered by qualified nonprofit agencies throughout the Federal Government,
			 including methods to remove or mitigate any barriers or impediments to such
			 usage.
				(2)Development and
			 adaptation of production methods that would enable a greater use of people who
			 are blind and people with other significant disabilities.
				(g)Annual Report
			 and Data Collection
				(1)Annual
			 reportThe Committee shall, not later than April 1 of each year,
			 evaluate and submit to the President and to Congress a report that includes the
			 following:
					(A)The names of the
			 Committee members serving in the preceding fiscal year.
					(B)The dates of
			 Committee meetings in such fiscal year.
					(C)A description of
			 the activities of the Committee under this Act in such fiscal year.
					(D)Data regarding
			 compliance of Federal agencies with the requirements of this Act.
					(E)An analysis of the direct and indirect
			 effects of this Act on the small business community.
					(F)An analysis of
			 Federal agency level of performance with the requirements of section 3 of this
			 Act, including number and dollar value of contracts awarded pursuant to this
			 Act.
					(2)Data
			 collectionAt the request of the Committee, Federal agencies
			 shall provide data to the Committee regarding compliance with the requirements
			 of this Act.
				(3)Central
			 nonprofit agencies and qualified nonprofit agency collection of
			 dataCentral nonprofit agencies and qualified nonprofit agencies
			 shall keep records prescribed by the Committee and shall participate in data
			 collection, including data required for preparation of the required
			 reports.
				5.Qualified
			 nonprofit agency
			(a)Qualified
			 nonprofit agencyIn this Act,
			 the term qualified nonprofit agency means—
				(1)a
			 qualified nonprofit agency for people who are blind, as defined in
			 subsection (b); or
				(2)a
			 qualified nonprofit agency for people with other significant disabilities, as
			 defined in
			 subsection (c).
				(b)Qualified
			 nonprofit agency for people who are blind
				(1)In
			 generalIn this Act, the term qualified nonprofit agency
			 for people who are blind means a nonprofit agency for people who are
			 blind that—
					(A)meets the initial
			 qualification requirement under
			 paragraph (2) and maintains qualification
			 under
			 paragraph (3) where applicable;
					(B)provides
			 employment for people who are blind; and
					(C)complies with all
			 other regulations for qualified nonprofit agencies prescribed by the
			 Committee.
					(2)Initial
			 qualificationIn order to meet the initial qualification
			 requirement under this paragraph, a nonprofit agency for people who are blind
			 must submit a certification to the Committee through the central nonprofit
			 agency that includes the following assurances:
					(A)Such nonprofit agency is organized under
			 the laws of the United States or of a State.
					(B)Such nonprofit agency is operated in the
			 best interest of people who are blind.
					(C)The net income of such nonprofit agency
			 does not inure in whole or in part to the benefit of any shareholder or other
			 individual.
					(D)Such nonprofit agency uses sound
			 organizational and personnel assignment practices, including making
			 nondiscriminatory decisions to employ and advance in employment qualified
			 people who are blind.
					(E)Such nonprofit agency practices sound
			 fiscal management in accordance with generally accepted accounting
			 principles.
					(3)Maintenance of
			 qualificationIn order to
			 maintain qualification under this paragraph, a nonprofit agency for people who
			 are blind must meet each of the following requirements:
					(A)Maintain all
			 qualifications necessary for initial qualification.
					(B)Furnish products
			 and services in accordance with Federal Government contracts.
					(C)Comply with
			 applicable Federal procurement standards, compensation, employment, and
			 occupational health and safety standards, including procedures to encourage
			 filling of vacancies within the agency by promotion of qualified employees who
			 are blind.
					(D)Comply with
			 regulations prescribed by the Committee.
					(E)Make the records
			 of the nonprofit agency available for review and inspection by the Committee or
			 the designated central nonprofit agency.
					(F)Upon receipt of payment by the Federal
			 agency for products or services provided under contracts awarded to qualified
			 nonprofit agencies pursuant to this Act, pay to the central nonprofit agency a
			 fee not to exceed the fee ceiling established by the Committee.
					(G)Employ people who are blind for not less
			 than 75 percent of the employment hours required for products or services
			 provided under contracts awarded to qualified nonprofit agencies pursuant to
			 this Act, except as provided for under paragraph (4).
					(4)Waiver for
			 employment requirement
					(A)WaiverThe
			 Committee may waive the requirement under paragraph (3)(I) for a nonprofit
			 agency for people who are blind if the Committee determines that—
						(i)the
			 nonprofit agency employs people who are blind at a percentage less than 75
			 percent of the employment hours, but not less than 51 percent of the employment
			 hours; and
						(ii)the—
							(I)nonprofit agency
			 is temporarily unable to meet the 75 percent requirement due to an emergency or
			 extraordinary circumstance;
							(II)particular product or service is
			 significantly complex as to make it unlikely that the nonprofit agency can meet
			 the 75 percent employment hour requirement; or
							(III)nonprofit agency could employ a substantial
			 number of people who have the most significant productivity challenges at wages
			 at or above the applicable Federal or State minimum wage for the particular
			 product or service.
							(B)RegulationsThe Committee shall prescribe regulations
			 on the process and the factors that determine whether to exercise the waiver
			 authority under this paragraph.
					(5)ReportA qualified nonprofit agency for people who
			 are blind shall prepare and submit to the Committee, through the applicable
			 central nonprofit agency, a report by December 31 of each year that contains
			 the following:
					(A)The number of people who are blind that
			 provided products or services provided under contracts awarded to qualified
			 nonprofit agencies pursuant to this Act for the previous fiscal year.
					(B)The number of people who are blind that
			 received training, technical assistance, or other employment services
			 facilitated by the agency pursuant to this Act.
					(C)The number of
			 people who are blind who are in management positions or other positions within
			 the agency with decision-making authority as set forth in the Committee
			 regulations.
					(c)Qualified
			 nonprofit agency for people with other significant disabilities
				(1)In
			 generalIn this Act, the term
			 qualified nonprofit agency for people with other significant
			 disabilities means a nonprofit agency for people with other significant
			 disabilities that—
					(A)meets the initial qualification requirement
			 under
			 paragraph (2) and maintains qualification
			 under
			 paragraph (3) where applicable;
					(B)provides
			 employment for people with other significant disabilities;
					(C)may provide
			 employment for people who are blind; and
					(D)complies with all
			 other regulations for qualified nonprofit agencies prescribed by the
			 Committee.
					(2)Initial
			 qualificationIn order to meet the initial qualification
			 requirement under this paragraph, a nonprofit agency for people with other
			 significant disabilities must submit a certification to the Committee through
			 the central nonprofit agency that includes the following assurances:
					(A)Such nonprofit agency is organized under
			 the laws of the United States or of a State.
					(B)Such nonprofit agency is operated in the
			 best interest of people with other significant disabilities.
					(C)The net income of such nonprofit agency
			 does not inure in whole or in part to the benefit of any shareholder or other
			 individual.
					(D)Such nonprofit agency uses sound
			 organizational and personnel assignment practices, including making
			 nondiscriminatory decisions to employ and advance in employment qualified
			 people with other significant disabilities.
					(E)Such nonprofit agency practices sound
			 fiscal management in accordance with generally accepted accounting
			 principles.
					(3)Maintenance of
			 qualificationIn order to
			 maintain qualification under this paragraph, a nonprofit agency for people with
			 other significant disabilities must meet each of the following
			 requirements:
					(A)Maintain all
			 qualifications necessary for initial qualification.
					(B)Furnish products
			 and services in accordance with Federal Government contracts.
					(C)Comply with
			 applicable Federal procurement standards, compensation, employment, and
			 occupational health and safety standards, including procedures to encourage
			 filling of vacancies within the agency by promotion of qualified people with
			 other significant disabilities.
					(D)Comply with
			 regulations prescribed by the Committee.
					(E)Make the records
			 of the nonprofit agency available for review and inspection by the Committee or
			 the designated central nonprofit agency.
					(F)Upon receipt of
			 payment by the Federal agency for products or services provided under contracts
			 awarded to qualified nonprofit agencies pursuant to this Act, pay to the
			 central nonprofit agency a fee not to exceed the fee ceiling established by the
			 Committee.
					(G)Employ people with other significant
			 disabilities for not less than 75 percent of the employment hours required for
			 products or services provided under contracts awarded to qualified nonprofit
			 agencies pursuant to this Act, except as provided for under paragraph
			 (4).
					(4)Waiver for
			 employment requirement
					(A)WaiverThe
			 Committee may waive the requirement under paragraph (3)(I) for a nonprofit
			 agency for people with other significant disabilities if the Committee
			 determines that—
						(i)the
			 nonprofit agency employs people with other significant disabilities at a
			 percentage less than 75 percent of the employment hours, but not less than 51
			 percent of the employment hours; and
						(ii)the—
							(I)nonprofit agency
			 is temporarily unable to meet the 75 percent requirement due to an emergency or
			 extraordinary circumstance;
							(II)particular product or service is
			 significantly complex as to make it unlikely that the nonprofit agency can meet
			 the 75 percent employment hour requirement; or
							(III)nonprofit agency could employ a substantial
			 number of people who have the most significant productivity challenges at wages
			 at or above the applicable Federal or State minimum wage for the particular
			 product or service.
							(B)RegulationsThe Committee shall prescribe regulations
			 on the process and the factors that determine whether to exercise the waiver
			 authority under this paragraph.
					(5)ReportA qualified nonprofit agency for people
			 with other significant disabilities shall prepare and submit, through the
			 applicable central nonprofit agency, to the Committee a report by December 31
			 of each year that contains the following:
					(A)The number of people with other significant
			 disabilities that provided products or services provided under contracts
			 awarded to qualified nonprofit agencies pursuant to this Act for the previous
			 year.
					(B)The number of people with other significant
			 disabilities that received training, technical assistance, or other employment
			 services facilitated by the agency pursuant to this Act.
					(C)The number of people with other significant
			 disabilities who are in management positions or other positions within the
			 agency with decision-making authority as set forth in the Committee
			 regulations.
					6.AuditThe Comptroller General of the United
			 States, or a duly authorized representative, shall have access, for the purpose
			 of audit and examination, to any books, documents, papers, and other records of
			 the Committee and of each central nonprofit agency designated by the Committee
			 under this Act. This section shall also apply to any qualified nonprofit agency
			 for people who are blind and any such agency for people with other significant
			 disabilities that have sold products or services under this Act but only with
			 respect to the books, documents, papers, and other records of such agency which
			 relate to its activities in a fiscal year in which a sale was made under this
			 Act.
		7.Establishment of
			 Inspector General for Committee for Purchase From People Who Are Blind or
			 People With Other Significant Disabilities
			(a)EstablishmentSection 8G(a)(2) of the Inspector General
			 Act of 1978 (5 U.S.C. App.) is amended by adding after the Board for
			 International Broadcasting, the following: Committee for
			 Purchase From People Who Are Blind or People With Other Significant
			 Disabilities,.
			(b)AppointmentThe Chairman of the Committee shall appoint
			 an Inspector General for the Committee not later than one year after the date
			 of the enactment of this Act.
			(c)Authority To
			 investigate Federal agency complianceThe Inspector General of the Committee for
			 Purchase From People Who Are Blind or People With Other Significant
			 Disabilities, in consultation with other inspectors general, may investigate
			 Federal agency compliance with this Act.
			8.Panel on the
			 Committee and Federal procurement
			(a)EstablishmentThe
			 Chairman of the Committee shall establish a panel to be known as the
			 Panel on the Committee for Purchase From People Who Are Blind or People
			 With Other Significant Disabilities and Federal Procurement (in this
			 section referred to as the Panel).
			(b)CompositionThe
			 Panel shall be composed of representatives as follows:
				(1)A representative of the Committee appointed
			 by the Chairman, who shall be Co-Chairman of the Panel.
				(2)The Under
			 Secretary of Defense for Acquisition, Technology, and Logistics, who shall
			 serve as Co-Chairman of the Panel.
				(3)A
			 representative of the Office for Federal Procurement Policy.
				(4)The chief acquisition officer of the
			 Department of Veterans Affairs.
				(5)The chief acquisition officer of the
			 Department of Homeland Security.
				(6)The chief acquisition officer of the
			 Department of the Interior.
				(7)The chief acquisition officer of the
			 General Services Administration.
				(8)The chief acquisition officer of the
			 National Aeronautics and Space Administration.
				(9)The chief acquisition officer of the
			 Department of Agriculture.
				(10)Such other representatives as the Chairman
			 of the Committee determines is appropriate.
				(c)Duties of the
			 PanelThe duties of the Panel shall be to—
				(1)complete any
			 matters assigned by the Chairman of the Committee;
				(2)review the actions taken by the Committee
			 with regard to the procurement requirement under section 3 of this Act, review
			 Federal agency compliance with such requirement, and recommend, if necessary,
			 legislation, regulations, policy, or infrastructure to increase employment of
			 people who are blind or people with other significant disabilities through such
			 requirement;
				(3)review progress
			 made by the Committee and Federal agencies to increase employment for United
			 States citizens who are people who are blind or people with other significant
			 disabilities through the requirement under section 3;
				(4)recommend changes
			 to the procurement practices of Federal agencies through proposed legislation,
			 regulations, policy, and infrastructure that will increase employment of people
			 who are blind or people with other significant disabilities; and
				(5)recommend
			 education and awareness of procurement officials regarding the requirement
			 under section 3.
				(d)MeetingsThe
			 Panel shall meet as determined necessary by the Chairmen of the Panel, but not
			 less than once every month.
			(e)ReportNot later than 6 months after the date of
			 the enactment of this Act, the Panel shall prepare and submit to the Chairman
			 of the Committee and the Congress a report on the activities of the Panel,
			 including a summary of the findings and recommendations of the Panel for the
			 fiscal year covered by the report.
			(f)TerminationThe
			 Panel shall terminate on the date on which the report is submitted pursuant to
			 subsection (e).
			9.DefinitionsIn this Act:
			(1)Central
			 nonprofit agencyThe term central nonprofit agency
			 means a central nonprofit agency designated under
			 section 4(d).
			(2)Employment
			 hoursThe term employment hours includes all work
			 required for preparation, processing, packing, and distribution of a product,
			 or work directly relating to the performance of a service, and may include
			 employment hours for supervision, administration, inspection, shipping, or
			 other directly allocable services, only when the individual whose direct
			 employment hours of supervision, administration, inspection, shipping, or other
			 directly allocable services being counted, meets the definition of
			 people who are blind or people with other significant
			 disabilities.
			(3)Federal
			 GovernmentThe term Federal Government includes any
			 entity of the legislative branch or the judicial branch, any executive agency
			 or military department (as such agency and department are respectively defined
			 by sections 102 and 105 of title 5, United States Code), the United States
			 Postal Service, and any nonappropriated fund instrumentality under the
			 jurisdiction of the Armed Forces.
			(4)Major life
			 activityThe term major life activity includes
			 mobility, communication, self-care, self-direction, work tolerance, or work
			 skills.
			(5)People who are
			 blindThe term people who are blind means an
			 individual or class of individuals whose central visual acuity does not exceed
			 20/200 in the better eye with correcting lenses or whose visual acuity, if
			 better than 20/200, is accompanied by a limit to the field of vision in the
			 better eye to such a degree that its widest diameter subtends an angle of no
			 greater than 20 degrees.
			(6)People with
			 other significant disabilitiesThe term people with other
			 significant disabilities means an individual or class of individuals
			 with a physical or mental impairment or combination of impairments, other than
			 people who are blind, for whom competitive employment has not occurred or
			 currently is not occurring as demonstrated by—
				(A)a work function
			 barrier or employment activity limitation, including the need for services or
			 support on an ongoing basis, or on a recurrent basis to the degree that
			 manifestation of the impairment is episodic, over an extended period of time;
			 and
				(B)substantial
			 limitation of two or more major life activities.
				(7)Qualified
			 nonprofit agencyThe term qualified nonprofit agency
			 has the meaning given that term in
			 section 5.
			(8)Simplified
			 acquisition thresholdThe term simplified acquisition
			 threshold has the meaning given that term in section 4 of the Office of
			 Federal Procurement Policy Act (41 U.S.C. 403).
			(9)StateThe
			 term State means each of the several States, the District of
			 Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,
			 Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the
			 Trust Territory of the Pacific Islands, and any other territory or possession
			 of the United States.
			10.Sense of
			 CongressIt is the sense of
			 Congress that the term people with other significant disabilities
			 maintains (neither expands nor narrows) eligibility under this Act for
			 other severely handicapped and severely handicapped
			 individuals, as such terms are defined in the Javits-Wagner-O’Day Act
			 (41 U.S.C. 46 et seq.), as in existence before the date of the enactment of
			 this Act.
		11.Committee for
			 Purchase Fund
			(a)Establishment of
			 fundThere is established in
			 the Treasury of the United States a separate account for the deposit of fees
			 under this Act to be known as the Committee for Purchase Fund.
			(b)Assessment and
			 collection of Committee feesThe Committee shall assess and
			 collect each year, in accordance with this section, fees from each central
			 nonprofit agency for an amount as needed that is not more than 5 percent of the
			 fees collected by such central nonprofit agency from qualified nonprofit
			 agencies.
			(c)DepositThe Secretary shall deposit any fees
			 collected pursuant to
			 subsection (b) into the Committee for
			 Purchase Fund established by
			 subsection (a).
			(d)Use of
			 funds
				(1)In
			 generalAmounts in the
			 Committee for Purchase Fund shall be immediately available to the Committee,
			 and shall remain available until expended, for—
					(A)the payment of
			 employees for oversight and compliance purposes; and
					(B)to provide for
			 the Inspector General established pursuant to section
			 7.
					(2)Fees not
			 government fundsFunds
			 obtained by, transferred to, or credited to the Committee for Purchase Fund
			 shall not be construed to be Government funds or appropriated monies.
				(3)Amounts not
			 subject to apportionmentNotwithstanding any other provision of law,
			 amounts in the Committee for Purchase Fund shall not be subject to
			 apportionment for purposes of chapter 15 of title 31, United States Code, or
			 under any other authority, or for any other purpose.
				(e)RegulationsNot
			 later than 9 months after the date of the enactment of this Act, the Committee
			 shall prescribe regulations governing the collection and payment of fees
			 pursuant to this section.
			12.Conforming
			 repealThe Javits-Wagner-O’Day
			 Act (41 U.S.C. 46 et seq.) is repealed.


113 HR 4529 IH: Stand By Every Ad Act of 2014
U.S. House of Representatives
2014-04-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4529
		IN THE HOUSE OF REPRESENTATIVES

			April 30, 2014
			Mr. Price of North Carolina introduced the following bill; which was referred to the Committee on House Administration

		A BILL
		To amend the Federal Election Campaign Act of 1971 to require personal disclosure statements in all
			 third-party communications advocating the election or defeat of a
			 candidate, to require the disclosure of identifying information within
			 paid communications made through the Internet, to apply disclosure
			 requirements to prerecorded telephone calls, and for other purposes.

		1.Short titleThis Act may be cited as the Stand By Every Ad Act of 2014.
		2.Requiring Personal Disclosure Statements in Express Advocacy Communications
			(a)Application of Disclosure Requirements to Communications Consisting of Functional Equivalent of
			 Express AdvocacySection 318(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(a)) is amended by
			 striking clearly identified candidate, and inserting clearly identified candidate or consisting of the functional equivalent of express advocacy,.
			(b)Requiring Statement Identifying Head of Entity Paying for CommunicationSection 318(d) of such Act (2 U.S.C. 441d(d)) is amended—
				(1)in paragraph (2), by striking Any communication and inserting Except as provided in paragraph (3), any communication; and
				(2)by adding at the end the following new paragraph:

						(3)Special rules for express advocacy communications
							(A)Personal disclosure statement requiredAny communication described in paragraph (3) of subsection (a) which expressly advocates the
			 election or defeat of a clearly identified candidate, or which consists of
			 the functional equivalent of express advocacy, and which is transmitted
			 through radio or television shall include, in addition to the requirements
			 of that paragraph—
								(i)the individual disclosure statement described in subparagraph (C) (if the person paying for the
			 communication is an individual) or the organizational disclosure statement
			 described in subparagraph (D) (if the person paying for the communication
			 is not an individual); and
								(ii)if the person who paid for the communication received any disbursement from another person for
			 purposes of financing the communication, a statement of the names of the
			 persons providing the largest disbursements for such purposes, except that
			 the number of persons identified in the statement may not exceed 5.
								(B)Method of conveyance of statement
								(i)Communications transmitted through radioIn the case of a communication to which this paragraph applies which is transmitted through radio,
			 the disclosure statements required under subparagraph (A)—
									(I)shall be made by audio in a clearly spoken manner; and
									(II)in the case of the individual disclosure statement described in subparagraph (C) or the
			 organization disclosure statement described in subparagraph (D), shall be
			 made by the applicable individual.
									(ii)Communications transmitted through televisionIn the case of a communication to which this paragraph applies which is transmitted through
			 television, the disclosure statements required under subparagraph (A)—
									(I)shall appear in writing at the end of the communication in a clearly readable manner, with a
			 reasonable degree of color contrast between the background and the printed
			 statement, for a period of at least 4 seconds; and
									(II)in the case of the individual disclosure statement described in subparagraph (C) or the
			 organization disclosure statement described in subparagraph (D), shall be
			 conveyed by an unobscured, full-screen view of the applicable individual,
			 or by the applicable individual making the statement in voice-over
			 accompanied by a clearly identifiable photograph or similar image of the
			 individual.
									(C)Individual disclosure statement describedThe individual disclosure statement described in this subparagraph is the following: I am _______, and I am responsible for the content of this advertising., with the blank filled in with the name of the applicable individual.
							(D)Organizational disclosure statement describedThe organizational disclosure statement described in this subparagraph is the following: I am _______, the _______ of _______, and _______ is responsible for the content of this
			 advertising., with—
								(i)the first blank to be filled in with the name of the applicable individual;
								(ii)the second blank to be filled in with the title of the applicable individual; and
								(iii)the third and fourth blank each to be filled in with the name of the person paying for the
			 communication.
								(E)Applicable individual definedIn this paragraph, the term applicable individual means, with respect to a communication to which this paragraph applies—
								(i)if the communication is paid for by an individual, the individual paying for the communication;
								(ii)if the communication is paid for by a corporation, the chief executive officer of the corporation
			 (or, if the corporation does not have a chief executive officer, the
			 highest ranking official of the corporation);
								(iii)if the communication is paid for by a labor organization, the highest ranking officer of the labor
			 organization; or
								(iv)if the communication is paid for by any other person, the president, chief executive officer,
			 highest ranking official, or similar officer of the person who serves in
			 an executive, decisionmaking capacity with respect to the making of
			 communications to which this paragraph applies..
				(c)Effective DateThe amendment made by subsection (a) shall apply with respect to communications made on or after
			 the date of the enactment of this Act.
			3.Application of disclosure requirements for audio and video communications to paid audio and video
			 portions of communications transmitted through Internet or electronic mail
			(a)Communications by Candidates or Authorized PersonsSection 318(d)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)(1)) is amended by adding at the end the following new subparagraph:

					(C)Audio and video portions of communications transmitted through Internet or electronic mailIn the case of a communication described in paragraph (1) or (2) of subsection (a) which is
			 transmitted through the Internet or through any form of electronic mail—
						(i)any audio portion of the communication shall meet the requirements applicable under subparagraph
			 (A) to communications transmitted through radio; and
						(ii)any video portion of the communication shall meet the requirements applicable under subparagraph
			 (B) to communications transmitted through television..
			(b)Communications by Others
				(1)In generalSection 318(d)(2) of such Act (2 U.S.C. 441d(d)(2)) is amended by adding at the end the following: In the case of a communication described in paragraph (3) of subsection (a) which is transmitted
			 through the Internet or through any form of electronic mail, any audio
			 portion of the communication shall meet the requirements applicable under
			 this paragraph to communications transmitted through radio and any video
			 portion of the communication shall meet the requirements applicable under
			 this paragraph to communications transmitted through television..
				(2)Application of special personal disclosure rules for express advocacy communicationsSection 318(d)(3) of such Act, as added by section 2(a), is amended—
					(A)in subparagraph (A), by striking radio or television and inserting radio or television, through the Internet, or through any form of electronic mail; and
					(B)in subparagraph (B), by adding at the end the following new clause:

							(iii)Communications transmitted through Internet or electronic mailIn the case of a communication to which this paragraph applies which is transmitted through the
			 Internet or through any form of electronic mail, any audio portion of the
			 communication shall meet the requirements applicable under this paragraph
			 to communications transmitted through radio and any video portion of the
			 communication shall meet the requirements applicable under this paragraph
			 to communications transmitted through television..
					4.Disclosure requirements for campaign communications made through prerecorded telephone calls
			(a)Application of requirementsSection 318(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(a)) is amended by inserting after mailing, each place it appears the following: telephone call which consists in substantial part of a prerecorded audio message,.
			(b)Treatment as audio communication
				(1)Communications by candidates or authorized personsSection 318(d)(1) of such Act (2 U.S.C. 441d(d)(1)), as amended by section 3(a), is further amended
			 by adding at the end the following new subparagraph:

						(D)Prerecorded telephone callsAny communication described in paragraph (1) or (2) of subsection (a) which is a telephone call
			 which consists in substantial part of a prerecorded audio message shall
			 meet the requirements applicable under subparagraph (A) to communications
			 transmitted through radio, except that the statement required under such
			 subparagraph shall be made at the beginning of the telephone call..
				(2)Communications by others
					(A)In generalSection 318(d)(2) of such Act (2 U.S.C. 441d(d)(2)), as amended by section 3(b), is further amended
			 by adding at the end the following: Any communication described in paragraph (3) of subsection (a) which is a telephone call which
			 consists in substantial part of a prerecorded audio message shall meet the
			 requirements applicable under this paragraph to communications transmitted
			 through radio, except that the statement required shall be made at the
			 beginning of the telephone call..
					(B)Application of special personal disclosure rules for express advocacy communicationsSection 318(d)(3) of such Act, as added by section 2(a) and as amended by section 3(b)(2), is
			 further amended—
						(i)in subparagraph (A), by striking electronic mail and inserting electronic mail, or which is a telephone call which consists in substantial part of a prerecorded
			 audio message,; and
						(ii)in subparagraph (B), by adding at the end the following new clause:

								(iv)Communications made through prerecorded telephone callsAny communication to which this paragraph applies which is a telephone call which consists in
			 substantial part of a prerecorded audio message shall meet the
			 requirements applicable under this paragraph to communications transmitted
			 through radio..
						5.No Expansion of Persons Subject to Disclaimer Requirements on Internet CommunicationsNothing in this Act or the amendments made by this Act may be construed to require any person who
			 is not required under section 318 of the Federal Election Campaign Act of
			 1971 (as provided under section 110.11 of title 11 of the Code of Federal
			 Regulations) to include a disclaimer on communications made by the person
			 through the Internet to include any disclaimer on any such communications.
		6.Effective dateExcept as provided in section 2(c), the amendments made by this Act shall apply with respect to
			 communications made on or after the expiration of the 90-day period which
			 begins on the date of the enactment of this Act.


109 HR 3002 IH: To provide for the liquidation or reliquidation of certain drawback claims.
U.S. House of Representatives
2005-06-20
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.

V
109th CONGRESS
1st Session
H. R. 3002
IN THE HOUSE OF REPRESENTATIVES

June 20, 2005
Mr. Brady of Texas introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To provide for the liquidation or reliquidation of certain drawback claims.

1.Liquidation or reliquidation of certain drawback claims
(a)In generalNotwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the date of the enactment of this Act, liquidate or reliquidate the drawback claims, as filed, that are described in subsection (c).
(b)Payment of amounts dueAny amounts due pursuant to the liquidation or reliquidation of the claims described in subsection (c) shall be paid not later than 90 days after the date of such liquidation or reliquidation.
(c)Drawback claimsThe drawback claims referred to in subsection (a) are the following:

Drawback claim numberFiling date

AA6–0246691–112/02/94
AA6–0246692–911/30/94
AA6–0246668–910/19/94
AA6–0302735–703/21/97
AA6–0312303–212/04/01


IV
111th CONGRESS
2d Session
H. RES. 526
In the House of Representatives, U. S.,

February 22, 2010

RESOLUTION
Recognizing the historical and cultural significance of the Langston Golf Course and its contributions to racial equality.

Whereas the site for the historic Langston Golf Course was selected in 1929, following repeated demands from African-Americans who were excluded from all but one of the District’s public courses, the Lincoln Memorial;
Whereas construction did not begin until the mid 1930s, and in 1938, African-American women from the Wake Robin Golf Club pressed for desegregation of the District of Columbia's public courses by drafting and introducing a petition to Secretary of the Interior, Harold Ickes;
Whereas the Langston Golf Course, officially opened in 1939, is the first and only course built by the United States Government for segregated purposes, and was built because African-Americans were denied equal access to the city’s golf courses;
Whereas the Langston Golf Course was named for John Mercer Langston, a renowned Howard University educator, prominent political figure, and the first African-American Congressman from Virginia, elected in 1888;
Whereas the Langston Golf Course is listed in the National Register of Historic Places and has been the home course of both the Royal Golf Club and the Wake Robin Golf Club, respectively the Nation’s first clubs for African-American men and women;
Whereas over its 70-year existence, the Langston Golf Course has attracted many famous African-American golfers, such as Lee Elder, Ted Rhodes, Calvin Peete, and Jim Thorpe, who all made regular and annual stops on the circuit of African-American professionals when they were unable to play regularly on the then-racially restricted PGA Tour;
Whereas other notable visitors to play golf there include heavyweight boxing champion Joe Louis, Hall of Fame baseball player Maury Wills, Washington Senators baseball player Chuck Hinton, Washington Redskins players Darrell Green and Brian Mitchell, U.S. Secretary of the Interior Gale Norton, Missouri Congressman Lacy Clay, South Carolina Congressman James Clyburn, Wisconsin Senator Russ Feingold, actor and professor Al Freeman, Jr., and the musical superstars the O'Jays have all enjoyed the Langston course;
Whereas in 2002, a partnership was formed with Howard University to open the Interpretive Education Center, and this program was integrated into the Langston community schools in 2003;
Whereas for more than 15 years, three junior golf programs have made the Langston Golf Course their home, Masons Army, Langston Junior Boys and Girls, and the First Tee, DC;
Whereas juniors from these programs are nationally and internationally known as The Jimmy Garvin All-Stars and are required to utilize the Education Center in order to learn golf and use the facilities;
Whereas these programs operate year round offering educational and golf instruction;
Whereas the Langston Golf Course is known as the home of the internationally renowned Capital City Open Pro-Am Tournament and the Jimmy Garvin Legacy Scholarship Classic;
Whereas the Langston Golf Course, Rock Creek Golf Course, and East Potomac Golf Course are owned by the National Park Service, and each has a long history of service to the general public as an integral part of the Nation’s capital, including services to local and regional residents, visitors, and tourists; and
Whereas it is the policy of the National Park Service to maintain and upgrade its recreational sites: Now, therefore, be it

That the House of Representatives recognizes the historical and cultural significance of the Langston Golf Course and its contributions to racial equality.

Lorraine C. Miller,Clerk.


 HR 4838 ENR: To redesignate the railroad station located at 2955 Market Street in Philadelphia, Pennsylvania, commonly known as “30th Street Station”, as the “William H. Gray III 30th Street Station”.
U.S. House of Representatives

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
One Hundred Thirteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
H. R. 4838

AN ACT
To redesignate the railroad station located at 2955 Market Street in Philadelphia, Pennsylvania, commonly known as 30th Street Station, as the William H. Gray III 30th Street Station.

1.RedesignationThe railroad station located at 2955 Market Street in Philadelphia, Pennsylvania, commonly known as 30th Street Station, shall be known and designated as the William H. Gray III 30th Street Station.
2.ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the railroad station referred to in section 1 shall be deemed to be a reference to the William H. Gray III 30th Street Station.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


113 HR 4679 IH: Stop Corporate Inversions Act of 2014
U.S. House of Representatives
2014-05-20
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. 4679
		IN THE HOUSE OF REPRESENTATIVES

			May 20, 2014
			Mr. Levin (for himself, Mr. Rangel, Mr. McDermott, Mr. Neal, Mr. Doggett, Mr. Larson of Connecticut, Mr. Danny K. Davis of Illinois, Mr. Van Hollen, Ms. DeLauro, and Ms. Schakowsky) 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 modify the rules relating to inverted corporations.

		1.Short titleThis Act may be cited as the Stop Corporate Inversions Act of 2014.
		2.Modifications to rules relating to inverted corporations
			(a)In generalSubsection (b) of section 7874 of the Internal Revenue Code of 1986 is amended to read as follows:

					(b)Inverted corporations treated as domestic corporations
						(1)In generalNotwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this
			 title as a domestic corporation if—
							(A)such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by
			 substituting 80 percent for 60 percent, or
							(B)such corporation is an inverted domestic corporation.
							(2)Inverted domestic corporationFor purposes of this subsection, a foreign corporation shall be treated as an inverted domestic
			 corporation if, pursuant to a plan (or a series of related transactions)—
							(A)the entity completes after May 8, 2014, the direct or indirect acquisition of—
								(i)substantially all of the properties held directly or indirectly by a domestic corporation, or
								(ii)substantially all of the assets of, or substantially all of the properties constituting a trade or
			 business of, a domestic partnership, and
								(B)after the acquisition, either—
								(i)more than 50 percent of the stock (by vote or value) of the entity is held—
									(I)in the case of an acquisition with respect to a domestic corporation, by former shareholders of the
			 domestic corporation by reason of holding stock in the domestic
			 corporation, or
									(II)in the case of an acquisition with respect to a domestic partnership, by former partners of the
			 domestic partnership by reason of holding a capital or profits interest in
			 the domestic partnership, or
									(ii)the management and control of the expanded affiliated group which includes the entity occurs,
			 directly or indirectly, primarily within the United States, and such
			 expanded affiliated group has significant domestic business activities.
								(3)Exception for corporations with substantial business activities in foreign country of organizationA foreign corporation described in paragraph (2) shall not be treated as an inverted domestic
			 corporation if after the acquisition the expanded affiliated group which
			 includes the entity has substantial business activities in the foreign
			 country in which or under the law of which the entity is created or
			 organized when compared to the total business activities of such expanded
			 affiliated group. For purposes of subsection (a)(2)(B)(iii) and the
			 preceding sentence, the term substantial business activities shall have the meaning given such term under regulations in effect on May 8, 2014, except that the
			 Secretary may issue regulations increasing the threshold percent in any of
			 the tests under such regulations for determining if business activities
			 constitute substantial business activities for purposes of this paragraph.
						(4)Management and controlFor purposes of paragraph (2)(B)(ii)—
							(A)In generalThe Secretary shall prescribe regulations for purposes of determining cases in which the management
			 and control of an expanded affiliated group is to be treated as occurring,
			 directly or indirectly, primarily within the United States. The
			 regulations prescribed under the preceding sentence shall apply to periods
			 after May 8, 2014.
							(B)Executive officers and senior managementSuch regulations shall provide that the management and control of an expanded affiliated group
			 shall be treated as occurring, directly or indirectly, primarily within
			 the United States if substantially all of the executive officers and
			 senior management of the expanded affiliated group who exercise day-to-day
			 responsibility for making decisions involving strategic, financial, and
			 operational policies of the expanded affiliated group are based or
			 primarily located within the United States. Individuals who in fact
			 exercise such day-to-day responsibilities shall be treated as executive
			 officers and senior management regardless of their title.
							(5)Significant domestic business activitiesFor purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic
			 business activities if at least 25 percent of—
							(A)the employees of the group are based in the United States,
							(B)the employee compensation incurred by the group is incurred with respect to employees based in the
			 United States,
							(C)the assets of the group are located in the United States, or
							(D)the income of the group is derived in the United States,determined in the same manner as such determinations are made for purposes of determining
			 substantial business activities under regulations referred to in paragraph
			 (3) as in effect on May 8, 2014, but applied by treating all references in
			 such regulations to foreign country and relevant foreign country as references to the United States. The Secretary may issue regulations decreasing the threshold percent in any of the tests under
			 such regulations for determining if business activities constitute
			 significant domestic business activities for purposes of this paragraph..
			(b)Conforming amendments
				(1)Clause (i) of section 7874(a)(2)(B) of such Code is amended by striking after March 4, 2003, and inserting after March 4, 2003, and before May 9, 2014,.
				(2)Subsection (c) of section 7874 of such Code is amended—
					(A)in paragraph (2)—
						(i)by striking subsection (a)(2)(B)(ii) and inserting subsections (a)(2)(B)(ii) and (b)(2)(B)(i), and
						(ii)by inserting or (b)(2)(A) after (a)(2)(B)(i) in subparagraph (B),
						(B)in paragraph (3), by inserting or (b)(2)(B)(i), as the case may be, after (a)(2)(B)(ii),
					(C)in paragraph (5), by striking subsection (a)(2)(B)(ii) and inserting subsections (a)(2)(B)(ii) and (b)(2)(B)(i), and
					(D)in paragraph (6), by inserting or inverted domestic corporation, as the case may be, after surrogate foreign corporation.
					(c)Effective dateThe amendments made by this section shall apply to taxable years ending after May 8, 2014.


114 HR 3691 : Improving Treatment for Pregnant and Postpartum Women Act of 2016
U.S. House of Representatives
2016-05-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IIB
114th CONGRESS 2d Session
H. R. 3691
IN THE SENATE OF THE UNITED STATES

May 12, 2016
Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions

AN ACT
To amend the Public Health Service Act to reauthorize the residential treatment programs for pregnant and postpartum women and to establish a pilot program to provide grants to State substance abuse agencies to promote innovative service delivery models for such women.

1.Short titleThis Act may be cited as the Improving Treatment for Pregnant and Postpartum Women Act of 2016.  2.Reauthorization of residential treatment programs for pregnant and postpartum womenSection 508 of the Public Health Service Act (42 U.S.C. 290bb–1) is amended—
(1)in subsection (p), in the first sentence, by inserting (other than subsection (r)) after section; and  (2)in subsection (r), by striking such sums and all that follows through 2003 and inserting $16,900,000 for each of fiscal years 2017 through 2021.
3.Pilot program grants for State substance abuse agencies
(a)In generalSection 508 of the Public Health Service Act (42 U.S.C. 290bb–1) is amended— (1)by redesignating subsection (r), as amended by section 2, as subsection (s); and
(2)by inserting after subsection (q) the following new subsection:  (r)Pilot program for State substance abuse agencies (1)In generalFrom amounts made available under subsection (s), the Director of the Center for Substance Abuse Treatment shall carry out a pilot program under which competitive grants are made by the Director to State substance abuse agencies to—
(A)enhance flexibility in the use of funds designed to support family-based services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders;  (B)help State substance abuse agencies address identified gaps in services furnished to such women along the continuum of care, including services provided to women in nonresidential based settings; and
(C)promote a coordinated, effective, and efficient State system managed by State substance abuse agencies by encouraging new approaches and models of service delivery.  (2)RequirementsIn carrying out the pilot program under this subsection, the Director shall—
(A)require State substance abuse agencies to submit to the Director applications, in such form and manner and containing such information as specified by the Director, to be eligible to receive a grant under the program;  (B)identify, based on such submitted applications, State substance abuse agencies that are eligible for such grants;
(C)require services proposed to be furnished through such a grant to support family-based treatment and other services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders;  (D)not require that services furnished through such a grant be provided solely to women that reside in facilities;
(E)not require that grant recipients under the program make available through use of the grant all services described in subsection (d); and  (F)consider not applying requirements described in paragraphs (1) and (2) of subsection (f) to applicants, depending on the circumstances of the applicant.
(3)Required services
(A)In generalThe Director shall specify a minimum set of services required to be made available to eligible women through a grant awarded under the pilot program under this subsection. Such minimum set— (i)shall include requirements described in subsection (c) and be based on the recommendations submitted under subparagraph (B); and
(ii)may be selected from among the services described in subsection (d) and include other services as appropriate.  (B)Stakeholder inputThe Director shall convene and solicit recommendations from stakeholders, including State substance abuse agencies, health care providers, persons in recovery from substance abuse, and other appropriate individuals, for the minimum set of services described in subparagraph (A).
(4)DurationThe pilot program under this subsection shall not exceed 5 years.  (5)Evaluation and Report to CongressThe Director of the Center for Behavioral Health Statistics and Quality shall fund an evaluation of the pilot program at the conclusion of the first grant cycle funded by the pilot program. The Director of the Center for Behavioral Health Statistics and Quality, in coordination with the Director of the Center for Substance Abuse Treatment shall submit to the relevant committees of jurisdiction of the House of Representatives and the Senate a report on such evaluation. The report shall include at a minimum outcomes information from the pilot program, including any resulting reductions in the use of alcohol and other drugs; engagement in treatment services; retention in the appropriate level and duration of services; increased access to the use of medications approved by the Food and Drug Administration for the treatment of substance use disorders in combination with counseling; and other appropriate measures.
(6)State substance abuse agencies definedFor purposes of this subsection, the term State substance abuse agency means, with respect to a State, the agency in such State that manages the Substance Abuse Prevention and Treatment Block Grant under part B of title XIX..  (b)FundingSubsection (s) of section 508 of the Public Health Service Act (42 U.S.C. 290bb–1), as amended by section 2 and redesignated by subsection (a), is further amended by adding at the end the following new sentence: Of the amounts made available for a year pursuant to the previous sentence to carry out this section, not more than 25 percent of such amounts shall be made available for such year to carry out subsection (r), other than paragraph (5) of such subsection. Notwithstanding the preceding sentence, no funds shall be made available to carry out subsection (r) for a fiscal year unless the amount made available to carry out this section for such fiscal year is more than the amount made available to carry out this section for fiscal year 2016..
4.Cut-Go ComplianceSubsection (f) of section 319D of the Public Health Service Act (42 U.S.C. 247d–4) is amended by striking through 2018 and inserting through 2016, $133,300,000 for fiscal year 2017, and $138,300,000 for fiscal year 2018.   Passed the House of Representatives May 11, 2016.Karen L. Haas,Clerk


114 HR 4655 IH: To amend the Internal Revenue Code of 1986 to provide for a minimum automatic extension of certain Federal tax deadlines in the case of Federally declared disasters.
U.S. House of Representatives
2016-03-01
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.

		I
		114th CONGRESS
		2d Session
		H. R. 4655
		IN THE HOUSE OF REPRESENTATIVES

			March 1, 2016
			Mr. Palazzo (for himself, Mr. Cramer, Mr. Bost, Mr. Olson, Mr. Sherman, Mr. Quigley, Mr. Cole, Mr. Carter of Georgia, Mr. Kind, Mr. Barr, Mr. Diaz-Balart, and Mr. MacArthur) 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 for a minimum automatic extension of certain
			 Federal tax deadlines in the case of Federally declared disasters.

		1.Minimum automatic extension of certain Federal tax deadlines in the case of Federally declared
			 disasters
 (a)In generalSection 7508A of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (e) and by inserting after subsection (b) the following new subsections:

					(c)Minimum automatic extension in the case of Federally declared disasters
 (1)In generalIn the case of a specified disaster affected person— (A)such person shall be treated for purposes of this section as having been determined by the Secretary to be affected by a Federally declared disaster, and
 (B)subsection (a) shall be applied by treating the Secretary as having specified a period of 90 days with respect to such person (or such longer period of up to 1 year as the Secretary may otherwise specify).
 (2)Specified disaster affected personFor purposes of this subsection, the term specified disaster affected person means— (A)any individual who resides in a disaster area at the time of the Federally declared disaster with respect to such area, and
 (B)any corporation or partnership if the principal place of business of such corporation or partnership is in such area at such time.
 (d)Federally declared disaster; disaster areaFor purposes of this section, the terms Federally declared disaster and disaster area have the respective meanings given such terms by section 165(i).. (b)Conforming amendmentSection 7508A(a) of such Code is amended by striking federally declared disaster (as defined by section 165(h)(3)(C)(i)) and inserting Federally declared disaster.
 (c)Effective dateThe amendments made by this section shall apply to disasters declared after the date of the enactment of this Act.