117 HR 2158 IH: Holistic Economic Aid for Low-Income Neighborhood Growth Act of 2021
U.S. House of Representatives
2021-03-23
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
117th CONGRESS1st Session
H. R. 2158
IN THE HOUSE OF REPRESENTATIVES

March 23, 2021
Ms. Omar (for herself, Ms. Norton, Mrs. Hayes, Mr. Jones, Mr. Bowman, Ms. Jacobs of California, Ms. McCollum, Mr. García of Illinois, Ms. Schakowsky, Mr. Mfume, Ms. Lee of California, Mrs. Watson Coleman, Mr. Panetta, Ms. Pressley, Ms. Tlaib, Mr. Hastings, Mr. Johnson of Georgia, Mr. Carson, Ms. Jayapal, and Mr. Ruppersberger) introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To provide emergency relief assistance under a modified Community Development Block Grant program for communities facing economic damage from civil and social crises, and for other purposes.

1.Short titleThis Act may be cited as the Holistic Economic Aid for Low-Income Neighborhood Growth Act of 2021 or the HEALING Act of 2021. 2.Sense of CongressIt is the sense of the Congress that—
(1)funds made available under the Community Development Block Grant Program (CDBG) should be used principally for low- and moderate-income neighborhoods and can be used for community revitalization in areas affected by social and civil unrest during 2020; (2)CDBG funding must target historically disinvested communities of color that have suffered from long-standing systemic issues of racial injustice and economic inequality;
(3)minority-serving institutions should be prioritized in receiving and administering economic development grants for their communities; (4)economic activities carried out using CDBG funds should be refocused on the implementation of direct anti-poverty programming with evidence of effectiveness, such as food security initiatives and basic income pilots, acquisition and rehabilitation of affordable housing, improvement to public facilities, including health centers, provision of public services, restoration of natural areas and other conservation efforts, and construction of clean energy infrastructure;
(5)minority-owned businesses should be prioritized in receiving business development grants to renovate their properties and create financial opportunities for their communities; and (6)CDBG business activities should be refocused on assisting private, for-profit businesses that pursue job creation and retention efforts through the employment of low- and moderate-income persons, adopt environmentally sustainable practices to offer affordable goods and services to low- and moderate-income neighborhoods, and provide economic and technical assistance to other businesses based in low- and moderate-income areas.
3.Funding
(a)Authorization of appropriationsThere is authorized to be appropriated to the Secretary of Housing and Urban Development $11,000,000,000 for fiscal year 2022 for providing assistance under this Act. (b)Non-Business community development fundingOf any amounts made available pursuant to subsection (a), 77 percent shall be available for assistance under section 4 for community revitalization and economic development activities.
(c)Civil unrest business development fundingOf any amounts made available pursuant to subsection (a), 23 percent shall be available for assistance under section 5 for business recovery and renovation activities. (d)Administrative fundingOf any amounts available pursuant to subsection (a), the Secretary of Housing and Urban Development may use not more than 1 percent for costs of administering the program under this Act.
(e)Termination of fundsUpon the expiration of the 2-year period beginning upon the date of the enactment of this Act, any programming and rulemaking associated with the program shall expire. 4.Non-business grants for community revitalization and economic development (a)Grant authorityThe Secretary shall use amounts made available to carry out this section to make grants to States, units of general local government, Indian Tribes, insular areas, and eligible institutions serving or owned by minorities for use to carry out eligible non-business activities under subsection (e) in low- and moderate-income areas.
(b)Reservation of fundingOf any amounts made available to carry out this section, the Secretary shall reserve for grants under this section— (1)76 percent for allocation in accordance with subsection (c)(1);
(2)18 percent for allocation for minority-owned and minority-serving entities in accordance with subsection (c)(2); and (3)6 percent for allocation for Indian Tribes and insular areas in accordance with subsection (c)(3).
(c)Allocations
(1)Entitlement communities and nonentitlement areasOf the amount allocated under subsection (b)(1)— (A)70 percent shall be allocated for entitlement communities in accordance with the formula under section 106(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)); and
(B)30 percent shall be allocated to States, for use in nonentitlement areas, in accordance with the formula under section 106(d)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(d)(1)). (2)Competitive awards to minority-owned entities (A)In generalThe Secretary of Housing and Urban Development shall allocate the amount allocated under subsection (b)(3) directly and on a competitive basis for grants to eligible minority-owned entities and minority-serving entities.
(B)CompetitionAllocation for non-business grants under this paragraph shall be made pursuant to a competition for such grants, as the Secretary shall provide, that— (i)takes into account the need for grant assistance for the area in which, and for the activities for which the grant amounts will be used; and
(ii)provides grant amount only to applicants who will carry out activities assisted with such grant amounts only in low- and moderate-income areas. (C)CDBG special purpose grantsOf the amount allocated under subsection (b)(2), not less than 33 percent shall be allocated for grants under this section for minority-serving entities.
(D)Voucher programThe Secretary shall take such actions as may be necessary to ensure that grants under this paragraph are accessible to newer and smaller minority-owned entities and ensure that technical assistance is prioritized and provided to organizations with little or no grant-writing capacity. (3)Competitive awards to Indian tribes and insular areas (A)In generalThe Secretary of Housing and Urban Development shall allocate for grants to Indian Tribes and insular areas on a competitive basis the amount allocated under subsection (b)(4).
(B)RequirementsIn making allocations under this paragraph, the Secretary shall, to the greatest extent practicable, ensure that each Indian Tribe and each insular area that satisfies low- to moderate-income requirements and unmet need criteria, as determined by the Secretary, receives such an allocation. (d)CoordinationThe Secretary shall monitor the reporting requirements and disclosures of allocated expenditures as set forth in section 6(e), to coordinate with grantees and subgrantees to ensure there are no overpayments or duplication of benefits.
(e)Eligible non-Business activities
(1)Primary objectivesAmounts from a grant under this section may be used by a grantee or subgrantee only for activities specified under paragraph (2) that— (A)principally benefit households having incomes that do not exceed 50 percent of the median income of the area in which such households reside;
(B)aid in the prevention or elimination of slums or blight primarily for severely economically distressed communities (as such term is defined in section 610 of the National and Community Service Act of 199 (42 U.S.C. 12645d)), and historically disinvested communities, including high-poverty areas (as such term is defined in section 681.260 of title 20, Code of Federal Regulations) and persistent poverty counties (as such term is defined in the Department of Agriculture notice entitled Implementation of Certain Provisions of Consolidated Appropriations Act, 2020 Specific to Persistent Poverty Counties [Docket No. RBS–20–BUSINESS–0033], published in the Federal Register on August 21, 2020 (85 Fed. Reg. 51676));  (C)reduce the isolation and inequality of income groups within communities and geographical areas and the promotion of an increase in the diversity and vitality of neighborhoods through the spatial deconcentration of housing opportunities for persons of lower income and the revitalization of deteriorating or deteriorated neighborhoods;
(D)conserve and expand the housing stock in order to provide a decent home and a suitable living environment for all persons, but principally those of low and moderate income, and expand the number of community land trust, cooperative, municipal, and public housing units as a ratio of total housing stock; (E)expand and enhance the quantity and quality of community services, principally for persons of low and moderate income, that are evidenced-based and essential for sound community development and for the development of viable urban communities;
(F)improve the rational utilization of land and other natural resources and the better arrangement of residential, commercial, industrial, recreational, and other needed activity centers, including parks, green spaces, and walking trails; (G)conserve scarce energy resources, improve energy efficiency, or provide alternative and renewable energy sources, especially for environmental justice communities that have harmful environmental quality issues;
(H)restore and preserve properties of special value for historic, architectural, or esthetic reasons; (I)alleviate the physical and economic distress through the stimulation of private investment and community revitalization in areas with population outmigration or a stagnating or declining tax base;
(J)meet an urgent need by addressing economic conditions that pose a serious and immediate threat to the health and safety of residents; or (K)prevent, prepare for, or respond to coronavirus, based on public health needs, risk of transmission of coronavirus, number of coronavirus cases compared to the national average, and economic and housing market disruptions, and other factors.
(2)ActivitiesActivities specified under this subsection are as follows: (A)CDBG activitiesExcept as provided in paragraph (3)(C) of this subsection, any activity that is eligible for assistance under section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)).
(B)CDBG special purpose grants activitiesAny activity that is eligible for assistance under section 107 of such Act (42 U.S.C. 5307). (C)Cash relief for affected householdsDirect income payments by States or units of general local government to households having incomes that do not exceed 200 percent of the Federal poverty level, provided that such payments otherwise comply with subsection (a) of this section.
(D)Historical archivingActivities to conserve art, construct monuments, and preserve memorials of contemporary civil rights struggles, such as the George Floyd Memorial in Minneapolis, Minnesota. (E)Technical assistanceTechnical assistance and outreach activities by grantees to expand and diversify subgrantees funded with amounts provided under this section.
(F)Innovative activities by minority-owned activitiesAny activity that— (i)is proposed by a grantee and approved by the Secretary; and
(ii)complies with subsection (a) of this section. (3)ProhibitionsAmounts from a grant under this section may not be used to provide assistance for—
(A)any law enforcement agency or to support or assist any law enforcement activities; (B)any discriminatory conduct or programming, as prohibited by section 109(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5309(a));
(C)any business support activity described in section 105(a)(17) of such Act (42 U.S.C. 5305(a)(17)) or any other activity for business development or business support; or (D)any ineligible activity described in section 570.207 of the Secretary’s regulations (24 C.F.R. 570.207), but not including income payments authorized by paragraph (2)(C) of this subsection.
5.Civil unrest business recovery grants for financial recovery and business development
(a)Grant authorityThe Secretary, in consultation with the Secretary of the Treasury and the Administrator of the Small Business Administration, shall carry out a Civil Unrest Business Recovery Program under this section to make grants to States, units of general local government, Indian Tribes and insular areas to provide assistance to eligible for-profit entities through local civil unrest business recovery funds established for the delivery of business recovery grants that primarily serve to compensate damages from social and civil unrest during 2020 and also support business-led economic development. (b)Reservation of fundingOf any amounts made available to carry out this section, the Secretary shall reserve—
(1)80 percent for allocation in accordance with subsection (c)(1); (2)12 percent for allocation for States in accordance with subsection (b)(2); and
(3)8 percent for allocation for Indian Tribes and insular areas in accordance with subsection (c)(3). (c)Allocations (1)Formula for states and units of general local governmentOf amount allocated under subsection (b)(1)—
(A)70 percent shall be allocated for entitlement communities in accordance with the formula under section 106(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)); and (B)30 percent shall be allocated for States, for use in nonentitlement areas, in accordance with the formula under section 106(d)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(d)(1)).
(2)Rural bonus formula for StatesThe Secretary shall allocate the amount allocated under subsection (b)(2) to States, for use in nonentitlement areas having low-income or minority populations, in accordance with the formula under section 106(d)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(d)(1)). (3)Competitive awards to Indian tribes and insular areas (A)In generalThe Secretary of Housing and Urban Development shall allocate to Indian Tribes and insular areas on a competitive basis the amount allocated under subsection (b)(3).
(B)RequirementsIn making allocations under subsection (b)(3), the Secretary of Housing and Urban Development shall, to the greatest extent practicable, ensure that each Indian Tribe and each insular area that satisfies low- to moderate-income requirements and unmet need criteria, as determined by the Secretary, receives such an allocation. (d)State allocations for nonentitlement areas (1)Equitable allocationTo the greatest extent practicable, a State shall allocate amounts allocated under subsection (c)(1)(B) for use in nonentitlement areas of the State on an equitable basis.
(2)Distribution of amounts
(A)DiscretionNot later than 14 days after the date on which a State receives amounts for use in an nonentitlement area pursuant to subsection (c)(1)(B), the State shall— (i)distribute the amounts, or a portion thereof, to units of general local government or entities designated thereby, that have established or will establish civil unrest business recovery funds, for use under subsection (e)(1); and
(ii)elect to reserve the amounts, or a portion thereof, for use by the State under subsection (e) for the benefit of eligible entities located in the nonentitlement area. (B)Sense of congressIt is the sense of Congress that, in distributing the amounts pursuant to subparagraph (A) for nonentitlement areas in which a civil unrest business recovery fund has been established, a State should, as quickly as practicable, distribute amounts for use by such fund.
(e)Use of allocated amountsA State, unit of general local government, entity designated by a unit of general local government, Indian Tribe, or insular area that receives an allocation under subsection (c), whether directly or indirectly, may use amounts from the allocation only— (1)to provide funding to a civil unrest business recovery fund established in accordance with subsection (f);
(2)to provide funding to support organizations that provide technical assistance to eligible entities; (3)to cover administrative costs incurred by the State, unit of general local government, Indian Tribe, or insular area (or entity designated by the State, unit, tribe, or area), in establishing and administering a civil unrest business recovery fund, except that not more than 2 percent of the allocation under subsection (c) for the State, unit, tribe, or area may be used for the purpose under this paragraph; or
(4)to carry out technical assistance and outreach activities to expand and diversify subgrantees funded with amounts provided under this section. (f)Civil unrest business recovery fundFor purposes of this section, a civil unrest business recovery fund shall be a fund—
(1)that is established by a State, a unit of general local government, an Indian Tribe, an insular area, or an entity designated by a State, unit of general local government, Indian Tribe, or an insular area; (2)the proceeds of which are used only to make business recovery grants under subsection (g) to eligible entities operating within the area served by the fund in accordance with the needs of eligible entities and capacity of the program; and
(3)provides resources and services relating to such business recovery grants for eligible entities in the 10 most commonly spoken languages in the area in which the fund operates. (g)Business recovery grants (1)In generalAmounts from business recovery grant under this section may be used only—
(A)for business economic development activities that are eligible for assistance under section 105(a)(17) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(17)) or to repair, rehabilitate, or replace property, real or personal, of the eligible entity receiving the grant that was damaged, destroyed, or stolen during the covered period as a result of social and civil unrest during 2020; or (B)only if the need for assistance for activities described in subparagraph (A) in the area served by the civil unrest business recovery fund has been met, for activities described in paragraph (4).The Secretary may issue guidance to ensure that the need for assistance for activities described in subparagraph (A) is met before amounts may be used as provided in paragraph (4).
(2)Low-income areas and HUBZonesNotwithstanding any other provision in this Act, the Secretary, in consultation with the Administrator of the Small Business Administration, shall treat as qualifying for purposes of paragraph (1) as areas of affected social and civil unrest during 2020 and shall give priority in allocations under subsection (b) to— (A)low-income communities;
(B)HUBZones; and (C)any other area designated by the Small Business Administration for a disaster loan relating to social and civil unrest during 2020.
(3)Grant amountThe amount of a business recovery grant may not exceed the lesser of $1,000,000 or 100 percent of the amount required to repair, rehabilitate, or replace property, real or personal, including related labor cost offsets and related debt obligations incurred as a result of social or civil unrest during 2020, of the eligible entity that— (A)was damaged, destroyed, or stolen during the covered period as a result of the social and civil unrest during 2020; and
(B)is not fully compensated for by— (i)insurance;
(ii)private donation or loan; (iii)a loan or grant from a State, general local government, Indian Tribe, or an insular area;
(iv)a disaster loan from the Small Business Administration; or (v)any other means.
(4)Secondary business development usesOnly to the extent provided in paragraph (1)(B), a business recovery grant may be used by a grantee or subgrantee, at the discretion of the grantee or subgrantee, for business development and economic support activities allowed under section 105(a)(17) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(17)), if such assistance is appropriate to carry out an economic development project (that shall minimize, to the extent practicable, displacement of existing businesses and jobs in neighborhoods) that— (A)creates or retains jobs for low- and moderate-income persons;
(B)prevents or eliminates slums and blight; (C)meet urgent needs;
(D)creates or retains businesses owned by community residents; (E)assists businesses that provide goods or services needed by, and affordable to, low- and moderate-income residents; or
(F)provides technical assistance to promote any of the activities under subparagraphs (A) through (E). (5)Treatment of duplication of benefitsThe Secretary shall require that in any case in which amounts from a business recovery grant will be used for real property renovation, the eligible entity involved shall provide documentation to demonstrate unmet need and damages as a result of social and civil unrest during 2020 to the satisfaction of the Secretary, using data available from the Federal Government or other publicly available sources, including State property damage claims and estimates, private insurance policy claims and estimates, and other cost estimates from local agencies in residential and commercial areas.
6.Deadlines and reporting
(a)Competitive application deadlineNot later than 60 days after the date of the enactment of this Act, the Secretary shall establish and make publicly available an application form for the competitive grant process under section 4(c)(2). (b)HUD obligation deadlineNot later than 180 days after the date of the enactment of this Act, the Secretary shall begin disbursing amounts made available to carry out this Act to States, units of general local governments, Indian Tribes, and insular areas in accordance with the allocation formulas under sections 4(c) and 5(c).
(c)Local business funds obligation deadlines
(1)StatesOf the amounts that a State elects under section 5(d)(2)(A)(ii) to reserve for use by the State under this paragraph— (A)any amounts that the State provides to a civil unrest business recovery fund under section 5(e)(1) shall be obligated by the civil unrest business recovery fund for expenditure not later than 75 days after the date on which the State received the amounts from the Secretary; and
(B)any amounts that the State chooses to provide to a support organization under section 5(e)(2), or to use to pay for administrative costs under section 5(e)(3), shall be obligated by the State for expenditure not later than 75 days after the date on which the State received the amounts from the Secretary. (2)Entitlement communitiesOf the amounts that an entitlement community receives from the Secretary under section 5(c)(1)(A)—
(A)any amounts that the entitlement community provides to a civil unrest business recovery fund under section 5(e)(1) shall be obligated by the civil unrest business recovery fund for expenditure not later than 75 days after the date on which the entitlement community received the amounts; and (B)any amounts that the entitlement community chooses to provide to a support organization under section 5(e)(2), or to use to pay for administrative costs under section 5(e)(3), shall be obligated by the entitlement community for expenditure not later than 75 days after the date on which the entitlement community received the amounts.
(3)Nonentitlement communitiesOf the amounts that a unit of general local government, or an entity designated thereby, located in a nonentitlement area receives from a State under section 5(d)(2)(A)(i)— (A)any amounts that the unit of general local government entity provides to a civil unrest business recovery fund under section 5(e)(1) shall be obligated by the civil unrest business recovery fund for expenditure not later than 60 days after the date on which the unit of general local government or entity received the amounts; and
(B)any amounts that the unit of general local government or entity community chooses to provide to a support organization under section 5(e)(2), or to use to pay for administrative costs under section 5(e)(3), shall be obligated by the unit of general local government or entity for expenditure not later than 60 days after the date on which the unit of general local government or entity received the amounts. (4)Recovery of unobligated fundsIf a State, entitlement community, other unit of general local government, entity designated by a unit of general local government, or civil unrest business recovery fund fails to obligate amounts by the applicable deadline under paragraph (1), (2), or (3), the Secretary shall recover the portion of such amounts that remain unobligated as of such deadline.
(5)CollaborationIt is the sense of the Congress that— (A)an entitlement community that receives amount allocated under section 5(c)(1) should collaborate with the applicable local entity responsible for economic development and small business development in establishing and administering a civil unrest business recovery fund; and
(B)States, units of general local government (including units of general local government located within and outside of nonentitlement areas), Indian Tribes, and insular areas that receive amounts under section 5(c)(2) and are located in the same region should collaborate in establishing and administering civil unrest business recovery funds. (d)Information gatheringWhen providing assistance to an eligible entity with amounts received from an allocation made under section 4 or 5, the entity providing the assistance shall—
(1)inquire— (A)in the case of an eligible entity that is a business entity or a nonprofit organization, whether the entity is a minority-owned entity or a women-owned entity; and
(B)in the case of an eligible entity who is an individual, whether the individual is a minority or a woman; (2)collect, in the case of an eligible entity that is a business entity or a nonprofit organization, demographic information, including race and ethnicity, gender, disability status, housing status, family composition, and income level, regarding the households being served by economic development activities and other activities funded with amounts made available pursuant to this Act; and
(3)maintain a record of the responses to each inquiry conducted under paragraph (1), which the entity shall promptly submit to the applicable State, unit of general local government, Indian Tribe, or insular area. (e)Reporting (1)In generalNot later than 30 days after the date on which a State, unit of general local government, Indian Tribe, or insular area initially receives an allocation made under section 4 or 5, and not later than 14 days after the date on which that State, unit of general local government, Indian Tribe, or insular area completes the full expenditure of amounts from such allocation, such State, unit of general local government, Indian Tribe, or insular area shall submit to the Secretary a report that includes information setting forth—
(A)the number of recipients of assistance made available from the allocation, disaggregated by race and ethnicity, gender, and income and assets; (B)the total amount, and type, of assistance made available from the allocation;
(C)to the extent applicable, with respect to each recipient described in subparagraph (A), information regarding the industry of the recipient, the amount of assistance received by the recipient, the annual sales of the recipient, and the number of employees of the recipient; (D)to the extent available from the information collected under subsection (d), demographic information of the households receiving direct anti-poverty programming, such as cash assistance, disaggregated by race and ethnicity, gender, disability status, housing status, family composition, and income level as a percentage of the Federal poverty level;
(E)the zip code of each recipient described in subparagraph (A); and (F)any other information that the Secretary, in the sole discretion of the Secretary, determines to be necessary to carry out this Act.
(2)Public availabilityAs soon as is practicable after receiving each report submitted under paragraph (1), the Secretary shall make the information contained in the report, including all of the information described in subparagraph (A) through (F) of such paragraph, publicly available. (f)Final reportNot later than September 30, 2023, the Secretary shall submit to the Congress a report analyzing and assessing the program carried out under this Act, which shall identify any advantages and disadvantages of the program, include comments and assessments from localities and communities assisted, and include any recommendations for legislative changes to improve more equitable outcomes under the program, such as additional technical assistance, planning requirements, and administrative support.
(g)EvaluationOf amounts available under section 3(d), the Secretary may use such amounts as may be necessary to evaluate the effectiveness of activities funded through grants under section 4, using a methodology that— (1)includes a random assignment whenever feasible, or other research methods that allow for the strongest possible casual inferences when random assignment is not feasible; and
(2)generates evidence on impact of specific projects, or groups with identical (or nearly identical) service components and protocols. (h)Rules and guidanceThe Secretary, in consultation with the Secretary of the Treasury and the Administrator of the Small Business Administration, shall issue any rules and guidance that are necessary to carry out this Act, including by establishing appropriate compliance and reporting requirements, in addition to the reporting requirements under subsection (e).
7.DefinitionsIn this section: (1)Covered periodThe term covered period means the period beginning on May 1, 2020, and ending at the end of December 31, 2020.
(2)Eligible entityThe term eligible entity means— (A)a privately held business entity that—
(i)employs not more than 50 full-time or full-time equivalent employees;  (ii) (I)is physically based and located in, or provides services to, a low-income community or a HUBZone; or
(II)has incurred damage to real or personal property of the business entity during a covered period as a result of social and civil unrest; and (iii)has average annual receipts (as determined in accordance with section 121.104 of title 13, Code of Federal Regulations, or any successor regulation) of not more than $2,000,000;
(B)an individual who operates under a sole proprietorship, an individual who operates as an independent contractor, or any eligible self-employed individual, if such an individual has incurred damage to real or personal property of their business concern during a covered period as a result of social and civil unrest; (C)a community- or worker-owned cooperative that—
(i)meets the requirements of an eligible cooperative under section 105 of the National Consumer Cooperative Bank Act (12 U.S.C. 3015); (ii)employs not more than 250 full-time or full-time equivalent employees; and
(iii)is based in, or provides services to, a low-income community; (D)an eligible nonprofit organization that—
(i)employs not more than 250 full-time or full-time equivalent employees; (ii)has $10,000,000 or less in assets; and
(iii)is based in, or provides services to, a low-income community; or (E)any non-profit entity that is a minority-owned or minority-serving entity.
(3)Eligible self-employed individualThe term eligible self-employed individual has the meaning given such term in section 7002(b) of the Families First Coronavirus Response Act (Public Law 116–127). (4)Entitlement communityThe term entitlement community means a metropolitan city or urban county, as such terms are defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302).
(5)Environmental justice communityThe term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, identified through the Environmental Justice Screen of the Environmental Protection Agency or an equivalent mapping and screening tool. (6)Federal poverty levelThe term Federal poverty level has the meaning given the term poverty line in section 673 of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902).
(7)Full-time equivalent employees
(A)In generalThe term full-time equivalent employees means a number of employees equal to the number determined by dividing— (i)the total number of hours of service for which wages were paid by the employer to employees during the taxable year; by
(ii)2080. (B)RoundingThe number determined under subparagraph (A) shall be rounded to the next lowest whole number if not otherwise a whole number.
(C)Excess hours not countedIf an employee works in excess of 2,080 hours of service during any taxable year, such excess shall not be taken into account under subparagraph (A). (D)Hours of serviceThe Secretary of Housing and Urban Development, in consultation with the Secretary of Labor, shall prescribe such regulations, rules, and guidance as may be necessary to determine the hours of service of an employee for purposes of this paragraph, including rules for the application of this paragraph to employees who are not compensated on an hourly basis.
(8)High-poverty areaThe term high-poverty area means any census tract having a poverty rate of 20 percent or higher, as measured by recent 5-year data series available from the American Community Survey, as of the date of the enactment of this Act. (9)HUBZoneThe term HUBZone has the meaning given the term historically underutilized business zone in section 31 of the Small Business Act (15 U.S.C. 657a).
(10)Indian tribeThe term Indian Tribe has the meaning given such term in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). (11)Insular areaThe term insular area has the meaning given such term in section 5204 of the Omnibus Insular Areas Act of 1992 (42 U.S.C. 5204).
(12)Low-income communityThe term low-income community has the meaning given such term in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e)). (13)MinorityThe term minority has the meaning given such term in section 1204(c)(3) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note).
(14)Minority-owned entityThe term minority-owned entity means an entity— (A)more than 50 percent of the ownership or control of which is held by not less than 1 minority; and
(B)more than 50 percent of the net profit or loss of which accrues to not less than 1 minority. (15)Minority-serving entityThe term minority-serving entity means an institution of higher education whose minority student enrollment is at least 50 percent. Such term includes Asian American and Native American Pacific Islander-serving institutions, as such term is defined in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)).
(16)Nonentitlement area; state; unit of general local governmentThe terms nonentitlement area, State, and unit of general local government have the meanings given such terms in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). (17)Nonprofit organizationThe term nonprofit organization means an organization that—
(A)is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)): and (B)is—
(i)a community development organization or a community development corporation; (ii)a community development financial institution;
(iii)a community housing organization; (iv)a church or religious organization;
(v)a public charitable organization; or (vi)a private foundation.
(18)Persistent poverty countyThe term persistent poverty county means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the most recent decennial censuses and the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, as of the date of the enactment of this Act. (19)SecretaryThe term Secretary means the Secretary of Housing and Urban Development.
(20)Women-owned entityThe term women-owned entity means an entity— (A)more than 50 percent of the ownership or control of which is held by not less than 1 woman; and
(B)more than 50 percent of the net profit or loss of which accrues to not less than 1 woman.


110 HR 4912 IH: To amend the Internal Revenue Code of 1986 with respect

U.S. House of Representatives
2007-12-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 4912
		IN THE HOUSE OF REPRESENTATIVES

			December 19, 2007
			Mr. Neal of
			 Massachusetts introduced the following bill; which was referred to
			 the Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 with respect
		  to the treatment of prepaid derivative contracts.

		1.Treatment of prepaid
			 derivative contracts
			(a)In
			 generalPart V of subchapter
			 P of chapter 1 of the Internal Revenue Code of 1986 (relating to special rules
			 for bonds and other debt instruments) is amended by adding at the end the
			 following new subpart:

					EPrepaid derivative
				contracts

							Sec. 1289. Treatment of prepaid derivative
				  contracts.
							Sec. 1289A. Definitions.

						1289.Treatment of
				prepaid derivative contracts
							(a)Current inclusion
				in incomeFor purposes of
				this title, there shall be included in the gross income of the holder of a
				prepaid derivative contract an amount equal to the holder’s interest accrual
				amount with respect to such contract for the taxable year. Any amount included
				in gross income under the preceding sentence shall be treated as
				interest.
							(b)Basis
				adjustmentsIf any interest
				accrual amount is included in the gross income of the holder of a prepaid
				derivative contract under subsection (a), such holder’s basis in such contract
				shall be increased by the amount so included.
							(c)Loss treated as
				ordinary to extent of basis increasesIn the case of any loss recognized on the
				disposition of any prepaid derivative contract, so much of such loss as does
				not exceed the aggregate increases in the basis of such contract under
				subsection (b) shall be treated as an ordinary loss.
							(d)Treatment of
				distributionsIn the case of any distribution under a prepaid
				derivative contract—
								(1)except as provided
				in paragraph (3), such distribution shall not be includible in gross
				income,
								(2)the adjusted basis
				of such contract shall be reduced (but not below zero) by the amount of such
				distribution, and
								(3)the excess (if
				any) of such distribution over such adjusted basis (determined before any
				reduction under paragraph (2)) shall be treated as gain from the sale of such
				contract.
								For
				purposes of this subsection, adjusted basis shall be determined after any
				adjustment to such basis under subsection (b) for the taxable year.(e)Interest accrual
				amount
								(1)In
				generalFor purposes of this section, the interest accrual amount
				with respect to any prepaid derivative contract for any taxable year is the
				product of—
									(A)the holder’s
				adjusted basis in such contract as of the beginning of such taxable year,
				multiplied by
									(B)the greater
				of—
										(i)the monthly
				Federal short-term rate determined under section 1274(d) for the first month
				ending during such taxable year, or
										(ii)in the case of a
				contract under which notional amounts are credited, the rate at which such
				amounts are credited.
										(2)Proration of
				interest accrual amountIn the case of a taxpayer who acquires or
				disposes of any prepaid derivative contract during the taxable year, the
				interest accrual amount determined under paragraph (1) with respect to such
				contract for such year shall be an amount which bears the same ratio to—
									(A)the amount which
				would be so determined without regard to this subparagraph, as
									(B)the portion of
				such taxable year during which such contract was held by such taxpayer bears to
				the entire taxable year.
									(3)Adjusted basis
				determined at acquisitionIn the case of the acquisition of any
				prepaid derivative contract during the taxable year, paragraph (1) shall be
				applied by substituting the acquisition of such contract for
				the beginning of such taxable year.
								(f)Special rules
				for publicly traded prepaid derivative contracts
								(1)Limitation on
				inclusionThe amount
				includible under subsection (a) with respect to the holder of any publicly
				traded prepaid derivative contract for any taxable year shall not exceed the
				excess (if any) of—
									(A)the sum of—
										(i)the fair market
				value of such contract as of the close of such taxable year (or, in the case of
				the disposition of such contract during the taxable year, as of such
				disposition), plus
										(ii)any distributions
				to the holder under such contract during such taxable year, over
										(B)the holder’s
				adjusted basis in such contract as of the close of the preceding taxable year
				(or, in the case of the acquisition of the contract during the taxable year, as
				of such acquisition).
									(2)Excess carried
				forwardIf the interest
				accrual amount with respect to any publicly traded prepaid derivative contract
				for any taxable year exceeds the limitation determined under paragraph (1) with
				respect to the holder of such contract for such year, the interest accrual
				amount of such holder with respect to such contract for the succeeding taxable
				year shall be increased by such excess.
								(3)Interest accrual
				amount in succeeding years unaffected by limitationSolely for
				purposes of subsection (e)(1), the adjusted basis in a publicly traded prepaid
				derivative contract shall be determined without regard to paragraph (1).
								(g)Exception for
				short holding periods and instruments marked to marketThis
				section shall not apply to any prepaid derivative contract for any taxable year
				if such contract—
								(1)has been held for
				less than 1 year and is disposed of in the taxable year in which acquired or on
				or before the due date for the return of income tax for such taxable year
				(without regard to any extension of time for filing such return), or
								(2)is marked to
				market with respect to the taxpayer for such taxable year under section 475 or
				1256 or any other provision of this title.
								(h)RegulationsThe
				Secretary shall issue such regulations as are necessary or appropriate to carry
				out the purposes of this section, including regulations to prevent the
				avoidance of the purposes of this section.
							1290.DefinitionsFor purposes of this subpart—
							(1)Prepaid
				derivative contract
								(A)In
				generalThe term prepaid derivative contract means
				any prepaid contract with a term of longer than 1 year from the date of issue
				which is a derivative financial instrument with respect to—
									(i)any security (as
				defined in section 475(c)(2), determined without regard to subparagraph (F) and
				the last sentence thereof) or group of securities (as so defined),
									(ii)any commodity (as
				defined in section 475(e)(2), determined without regard to subparagraph (D)
				thereof) or group of commodities (as so defined), or
									(iii)any financial
				index.
									(B)ExceptionsSuch term shall not include any instrument
				which is treated (for purposes of this title) as—
									(i)stock or
				debt,
									(ii)an interest in a
				partnership,
									(iii)part of a
				constructive ownership transaction to which section 1260 applies,
									(iv)a hedging
				transaction (as defined in section 1256(e)(2)),
									(v)a
				notional principal contract, or
									(vi)an option.
									(C)Certain options
				economically similar to ownershipTo the extent provided by the
				Secretary in regulations or other guidance, any option which by reason of such
				option’s term and strike price is economically similar to a prepaid contract
				described in subparagraph (A) shall not be treated as an option for purposes of
				subparagraph (B)(vi).
								(2)Prepaid
				contractThe term prepaid contract means any
				contract under which there is no substantial likelihood that the taxpayer will
				be required to pay any additional amount under the contract. For purposes of
				the preceding sentence, a taxpayer shall not be treated as having a substantial
				likelihood of being required to pay any additional amount if those additional
				amounts have been set aside (or are expected to be set aside) with respect to
				such payment or are subject to a defeasance arrangement or other arrangement
				similar to an arrangement described in section 470(d)(1)(B).
							(3)Publicly traded
				prepaid derivative contractThe term publicly traded
				prepaid derivative contract means any prepaid derivative
				contract—
								(A)which is traded on or subject to the rules
				of a qualified board or exchange, or
								(B)with respect to which the issuer (or any
				person acting on behalf of the issuer) regularly makes available to the public
				(including customers or subscribers) bid or offer quotes and stands ready to
				effect buy or sell transactions at the quoted prices for itself or on behalf of
				others.
								.
			(b)Conforming
			 amendments
				(1)The table of
			 subparts for part V of subchapter P of chapter 1 of such Code is amended by
			 adding at the end the following new item:

							Subpart E—Prepaid derivative
				contracts.

						.
				(2)The heading of
			 part V of subchapter P of chapter 1 of such Code, and the item relating to such
			 part in the table of parts for subchapter P of chapter 1 of such Code, are each
			 amended by striking debt.
				(c)Effective
			 dateThe amendments made by
			 this section shall apply to contracts acquired after the date of the enactment
			 of this Act.


114 SRES 422 ATS: Supporting the mission and goals of 2016 “National Crime Victims' Rights Week”, which include increasing public awareness of the rights, needs, concerns of, and services available to assist victims and survivors of crime in the United States.
U.S. Senate
2016-04-13
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.

		III
		114th CONGRESS
		2d Session
		S. RES. 422
		IN THE SENATE OF THE UNITED STATES

			April 13, 2016
			Mr. Grassley (for himself, Mr. Leahy, Mr. Schumer, Mr. Hatch, Mr. Toomey, Mr. Sessions, and Mrs. Feinstein) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Supporting the mission and goals of 2016 National Crime Victims' Rights Week, which include
			 increasing public awareness of the rights, needs, concerns of, and
			 services available to assist victims and survivors of crime in the United
			 States.

 Whereas individuals in the United States are the victims of more than 20,000,000 crimes each year; Whereas crime can touch the lives of anyone, irrespective of age, race, national origin, religion, or gender;
 Whereas a just society acknowledges the impact of crime on individuals, families, schools, and communities by—
 (1)protecting the rights of crime victims and survivors; and (2)ensuring that resources and services are available to help rebuild the lives of the victims and survivors;
 Whereas, as of 2008, the most conservative estimate for the economic cost of violent and property crimes in the United States was $17,000,000,000 per year;
 Whereas that economic cost does not account for the struggle of a crime victim to be made whole or losses that result from being the victim of a crime, including losses of psychological, emotional, and physical well-being;
 Whereas despite impressive accomplishments between 1974 and 2016 in increasing the rights of, and services available to, crime victims and survivors and the families of the victims and survivors, many challenges remain to ensure that all crime victims and survivors and the families of the victims and survivors are—
 (1)treated with dignity, fairness, and respect; (2)offered support and services, regardless of whether the victims and survivors report crimes committed against them; and
 (3)recognized as key participants within the criminal, juvenile, Federal, and tribal justice systems in the United States when the victims and survivors report crimes;
 Whereas crime victims and survivors in the United States and the families of the victims and survivors need and deserve support and assistance to help cope with the often devastating consequences of crime;
 Whereas, during each year beginning in 1984 through 2015, communities across the United States joined Congress and the Department of Justice in commemorating National Crime Victims' Rights Week to celebrate a shared vision of a comprehensive and collaborative response that identifies and addresses the many needs of crime victims and survivors and the families of the victims and survivors;
 Whereas Congress and the President agree on the need for a renewed commitment to serve all victims and survivors of crime in the 21st century;
 Whereas the theme of 2016 National Crime Victims' Rights Week, celebrated during the week of April 10 through April 16, 2016, is Serving Victims; Building Trust; Restoring Hope and highlights the collaborative and multifaceted effort to provide comprehensive and quality support to survivors;
 Whereas engaging communities in victim assistance is essential to promoting individual and public safety;
 Whereas the United States must empower crime victims and survivors by— (1)protecting the legal rights of the victims and survivors; and
 (2)providing the victims and survivors with services to help them in the aftermath of crime; and
 Whereas the people of the United States recognize and appreciate the continued importance of— (1)promoting the rights of and services for crime victims and survivors; and
 (2)honoring crime victims and survivors and individuals who provide services for the victims and survivors: Now, therefore, be it

 That the Senate— (1)supports the mission and goals of 2016 National Crime Victims' Rights Week, which include increasing individual and public awareness of—
 (A)the impact of crime on victims and survivors and the families of the victims and survivors; (B)the challenges to achieving justice for victims and survivors of crime and the families of the victims and survivors; and
 (C)the many solutions to meet those challenges; and (2)recognizes that crime victims and survivors and the families of the victims and survivors should be treated with dignity, fairness, and respect.


113 HR 1888 IH: Jamiel Shaw, Jr. Memorial Act of 2013
U.S. House of Representatives
2013-05-08
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.

		I
		113th CONGRESS
		1st Session
		H. R. 1888
		IN THE HOUSE OF REPRESENTATIVES

			May 8, 2013
			Mr. Jones introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary, and in addition to the Committee on
			 Homeland Security, 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 make payments by the Department of Homeland Security
		  to a State contingent on a State providing the Federal Bureau of Investigation
		  with certain statistics, to require Federal agencies, departments, and courts
		  to provide such statistics to the Federal Bureau of Investigation, and to
		  require the Federal Bureau of Investigation to publish such
		  statistics.

		1.Short titleThis Act may be cited as the
			 Jamiel Shaw, Jr. Memorial Act of
			 2013.
		2.Payments by the
			 Department of Homeland Security contingent on State immigration
			 reporting
			(a)In
			 generalA State or any
			 political subdivision thereof may not receive funds under any program or
			 activity administered by the Department of Homeland Security unless the
			 State—
				(1)for each person
			 who is arrested, charged with a crime, convicted of a crime, or incarcerated
			 after being convicted of a crime by the State or any political subdivision
			 thereof, compiles statistics on such person, including—
					(A)the immigration
			 status of such person;
					(B)the country of
			 origin of such person; and
					(C)the crime
			 associated with such arrest, charge, conviction, or incarceration after
			 conviction;
					(2)reports such
			 statistics monthly to the Federal Bureau of Investigation; and
				(3)monthly certifies
			 compliance with paragraphs (1) and (2) to the Secretary of Homeland
			 Security.
				(b)Effective
			 dateThis section shall take effect with respect to funds made
			 available under a program or activity administered by the Department of
			 Homeland Security for fiscal years beginning on or after October 1,
			 2013.
			3.Federal
			 immigration reporting requirement
			(a)In
			 generalEach Federal agency
			 and department shall—
				(1)for any person such agency or department
			 arrests, charges with a crime, prosecutes to conviction of a crime, or
			 incarcerates after conviction of a crime, compile statistics on such person,
			 including—
					(A)the immigration
			 status of such person;
					(B)the country of
			 origin of such person; and
					(C)the crime associated with such arrest,
			 charge, conviction, or incarceration after conviction; and
					(2)report such
			 statistics monthly to the Federal Bureau of Investigation.
				(b)Effective
			 dateThis section shall take effect with respect to any person
			 arrested, charged with a crime, prosecuted to conviction of a crime, or
			 incarcerated after conviction of a crime by a Federal agency or department on
			 or after October 1, 2013.
			4.Statistics to be
			 publishedThe Federal Bureau
			 of Investigation shall annually publish all statistics reported under this Act
			 as a separate data collection of the Uniform Crime Reports issued by such
			 Bureau.
		5.DefinitionIn this Act, the term crime
			 means an offense listed in Table 4 of the Uniform Crime Report of the Federal
			 Bureau of Investigation, issued pursuant to section 534(a) of title 28, United
			 States Code.


114 S3503 IS: EMPLEO Act
U.S. Senate
2016-12-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS2d SessionS. 3503IN THE SENATE OF THE UNITED STATESDecember 6, 2016Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers.

 1.Short titleThis Act may be cited as the Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2016 or the EMPLEO Act.
 2.Federal minimum wage requirement for eligible Puerto Rico employeesSection 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended— (1)by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and
 (2)by inserting after paragraph (1) the following:  (2)if such employee is an eligible Puerto Rico employee, as defined in section 6433(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6433 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);.
			3.Wage subsidy for Puerto Rico workers
 (a)In generalSubchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

					6433.Wage subsidy for Puerto Rico workers
 (a)In generalIn the case of a participating employer which makes qualified wage subsidy payments to eligible Puerto Rico employees, such participating employer shall be treated for purposes of this title as having paid to the Secretary, on the date any such qualified wage subsidy payment is paid, payroll taxes in an amount equal to such wage subsidy payment.
						(b)Participating employer
 (1)In generalFor purposes of this section, the term participating employer means an employer which— (A)elects the application of this section,
 (B)makes qualified wage subsidy payments to all eligible Puerto Rico employees of such employer, (C)provides to each eligible Puerto Rico employee (in such form and manner as the Secretary shall by regulations prescribe) information about the amount of qualified wage subsidy payments paid to such employee at the time such payments are made, and
 (D)in the case of an employer which elects to receive an advance payment under subsection (g), provides to the Secretary the information described in paragraph (2) not later than 30 days before the beginning of the applicable period.
 (2)Information requiredThe information required under this paragraph is the following: (A)An estimate of the number of workers who will be employed by the participating employer for the applicable period.
 (B)An estimate of the payroll taxes (determined without regard to any increase in tax under section 3111 by reason of subsection (g)(2)) that will be paid by the participating employer with respect to all employees for such applicable period.
 (C)An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment).
 (D)An estimate of the aggregate amount of qualified wage subsidy payments that will be paid by such employer to eligible Puerto Rico employees for such applicable period.
 (3)Failure to make subsidy paymentsFor purposes of this title (including penalties), the failure by any employer which makes an election under paragraph (1)(A) to make any qualified wage subsidy payment at the time provided therefor shall be treated as the failure at such time to deduct and withhold under section 3102 an amount equal to the amount of such qualified wage subsidy payment.
 (c)Eligible Puerto Rico employeeFor purposes of this section, the term eligible Puerto Rico employee means, with respect to any calendar year, any individual who— (1)is a citizen of the United States,
 (2)has a social security number issued to the individual by the Social Security Administration, and (3)certifies, in such form and manner as provided by the Secretary, to the employer that such individual is a resident of Puerto Rico and intends to remain a resident of Puerto Rico for not less than the next 6 months.
 (d)Qualified wage subsidy paymentFor purposes of this section— (1)In generalThe term qualified wage subsidy payment means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of—
 (A)the median hourly wage for Puerto Rico, over (B)the hourly wage paid to the eligible Puerto Rico employee.
 (2)Median hourly wage for Puerto RicoFor purposes of paragraph (1)(A), the median hourly wage for Puerto Rico is— (A)$10 for calendar years 2017 and 2018, and
 (B)for any calendar year beginning after 2018, the amount determined by the Bureau of Labor Statistics based on the most recent data available as of 30 days before the start of such calendar year.
 (3)Determination of hourly wageFor purposes of paragraph (1)(B)— (A)In generalThe hourly wage of any employee shall be determined without regard to any qualified wage subsidy payment under this section.
 (B)PeriodEach hour at which an eligible Puerto Rico employee performs services for a different rate of pay shall be treated as a separate period.
 (C)Salaried employeesIn the case of a salaried employee, the hourly wage for such employee for any period shall be determined by dividing the annual rate of pay for such period by 2,080.
 (e)Payroll taxesFor purposes of this section, the term payroll taxes means— (1)amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and
 (2)amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes).
 (f)Other definitions and special rulesFor purposes of this section— (1)Applicable periodFor purposes of this section, the term applicable period means—
 (A)except as provided in subparagraph (B), a calendar quarter, and (B)in the case of any employer which files returns for payroll taxes less frequently than quarterly, such period as determined by the Secretary under regulations.
 (2)Wage subsidy payments in excess of payroll tax liabilityTo the extent that the amount treated as paid under subsection (a) exceeds the amount of such person's liability for payroll taxes, the Secretary shall credit and refund such excess in the same manner as if it were an overpayment of such taxes.
							(g)Advanced payments for certain participating employers
 (1)In generalIn the case of a participating employer which elects the application of this subsection, the Secretary shall pay to such participating employer, not later than the first day of the applicable period, an amount equal to the excess of—
 (A)the aggregate amount of qualified wage subsidy payments for such applicable period (as determined based on estimates submitted under subsection (b)(2)), exceeds
 (B)the aggregate amount of payroll taxes (determined without regard to any increase in tax under section 3111 by reason of paragraph (2) and based on estimates submitted under subsection (b)(2)) for such applicable period.
								(2)Treatment of payments
 For purposes of this title, the amount of taxes imposed under section 3111 on any participating employer for any calendar quarter shall be increased by an amount equal to any payment made under paragraph (1) with respect to such calendar quarter.
							.
 (b)Social security trust funds held harmlessIn determining the amount of any amount transferred or appropriated to any fund under the Social Security Act, section 6433 of the Internal Revenue Code of 1986 shall not be taken into account.
			(c)Conforming amendments
 (1)Section 1324(b)(2) of title 31, United States Code, is amended by striking or 6431 and inserting 6431, or 6433. (2)The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:
					Sec. 6433. Wage subsidy for Puerto Rico workers..
				(d)Other provisions
 (1)Reporting of wage subsidy informationSection 6051(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting , and, and by inserting after paragraph (14) the following new paragraph:  (15)in the case of an eligible Puerto Rico employee (as defined in section 6433), the amount of any qualified wage subsidy payment paid to such employee..
 (2)Penalty for failure to provide information to employeesSection 6652 of such Code is amended by adding at the end the following new subsection:  (o)Failure To report wage subsidy information to employeesIn the case of a failure to provide the information required under section 6433(b)(1)(C) at the time required for providing such information, there shall be paid (upon notice and demand by the Secretary and in the same manner as tax) by the person failing to provide such information, an amount equal to $50 for each such failure. In the case of any failure due to negligence or intentional disregard, the preceding sentence shall be applied by substituting $100 for $50..
 (e)Effective dateThe amendments made by this section shall apply to wages paid after December 31, 2016.


109 HR 4375 IH: Mohawk River Hydroelectric Projects Licensing Act of 2005
U.S. House of Representatives
2005-11-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 4375
IN THE HOUSE OF REPRESENTATIVES

November 17, 2005
Mr. McNulty introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To provide certain requirements for hydroelectric projects on the Mohawk River in the State of New York.

1.Short titleThis Act may be cited as the Mohawk River Hydroelectric Projects Licensing Act of 2005.
2.Licensing of Mohawk River Hydroelectric Projects
(a)In generalIf a hydroelectric project on the Mohawk River in the State of New York has been operating under annual licenses for 10 or more years, the Federal Energy Regulatory Commission (referred to in this Act as the Commission) shall not issue a new license for the project until the Commission—
(1)issues a public notice that the Commission will accept other valid license applications to develop the project works or water resources subject to the license in accordance with subsection (b); and
(2)if other valid license applications are submitted in accordance with subsection (b), the Commission approves a license application in accordance with subsection (c).
(b)Application requirementsTo be valid, a license application submitted under subsection (a) shall—
(1)be in an appropriate form, as determined by the Commission, in accordance with regulations of the Commission; and
(2)be submitted to the Commission not later than July 31, 2006.
(c)Processing; approvalAs soon as practicable after July 31, 2006, the Commission shall—
(1)expeditiously process any pending valid license applications in accordance with subsections (a) and (c) of section 15 of the Federal Power Act (16 U.S.C. 808); and
(2)approve a valid license application and issue a license only if the Commission determines that the project will best develop the affected water resources, consistent with section 10(a) of the Federal Power Act (16 U.S.C. 803(a)).
(d)License conditionsAny new power license issued for a project described in subsection (a) shall include the same license conditions relating to the use of affected waters provided in articles 32 and 33 of the license included in Potomac Light & Power Company, Project No. 2343, 32 F.P.C. 584, 588 (1964).


113 HRES 321 IH: Celebrating the Molalla Centennial.
U.S. House of Representatives
2013-07-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		113th CONGRESS
		1st Session
		H. RES. 321
		IN THE HOUSE OF REPRESENTATIVES

			July 30, 2013
			Mr. Schrader
			 submitted the following resolution; which was referred to the
			 Committee on Oversight and Government
			 Reform

		RESOLUTION
		Celebrating the Molalla
		  Centennial.

		Whereas on August 23, 1913, after decades as a United
			 States settlement and thousands of years as a sacred home to indigenous
			 peoples, Molalla was incorporated as a city in the State of Oregon;
		Whereas the Molalla Indians, whose descendants are members
			 of the Confederated Tribes of Grand Ronde, first inhabited Molalla;
		Whereas settlers arrived in the area in the mid-nineteenth
			 century, before Oregon became a State;
		Whereas during the 1850s, Molalla became home to schools,
			 a post office, a general store, trade, and an active agricultural
			 industry;
		Whereas the Molalla Pioneer was established as Molalla’s
			 first newspaper in 1913 and continues to serve Molalla today;
		Whereas in 1913, Molalla celebrated the arrival of its
			 first steam train with a rodeo, taken over in 1923 by the Molalla Buckeroo
			 Association and now known as the Molalla Buckeroo;
		Whereas people from throughout the region participate in
			 the annual Molalla Buckeroo Rodeo and the Ross Coleman Invitational
			 Professional Bull Riding event;
		Whereas timber production, nurseries, Christmas tree
			 production, and other agricultural industries have supported the Molalla
			 economy for the past century; and
		Whereas thousands of people each year come to Molalla to
			 experience the Molalla River Recreation Corridor through kayaking, fishing,
			 hunting, camping, horseback riding, and other recreational activities: Now,
			 therefore, be it

		That the House of Representatives honors
			 and commends the City of Molalla, Oregon, and its people on Molalla’s
			 centennial.


116 HR 1395 IH: Youth Mental Health Services Act of 2019
U.S. House of Representatives
2019-02-27
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.

I116th CONGRESS1st SessionH. R. 1395IN THE HOUSE OF REPRESENTATIVESFebruary 27, 2019Mr. David P. Roe of Tennessee (for himself and Mr. Blumenauer) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Elementary and Secondary Education Act of 1965 to improve mental health services for
			 students, and for other purposes.

 1.Short titleThis Act may be cited as the Youth Mental Health Services Act of 2019. 2.Supporting mental health (a)State use of fundsSection 4104(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(B)) is amended—
 (1)in clause (iii), by striking and at the end; and (2)by adding at the end the following:

 (v)improving the mental health services available to students, which may include— (I)identifying and disseminating best practices for mental health first aid;
 (II)assisting in the establishment or implementation of emergency planning, which may include emergency response teams to address emergencies at schools;
 (III)establishing or identifying agreements with local health agencies, including nonprofit, public, and private mental health agencies and institutions, to improve coordination of services; and
 (IV)telehealth services; and. (b)Local educational agency applicationsSection 4106(e)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(e)(1)) is amended—
 (1)in subparagraph (D), by striking and at the end; (2)by redesignating subparagraph (E) as subparagraph (F); and
 (3)by inserting after subparagraph (D), the following:  (E)if applicable, how funds will be used for activities related to providing mental health services under section 4108; and.
 (c)Activities To support the effective use of technologySection 4109 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7119) is amended— (1)in subsection (a)—
 (A)in paragraph (5), by striking and at the end; (B)in paragraph (6), by striking the period at the end and inserting ; and; and
 (C)by adding at the end the following:  (7)providing technology to improve mental health services.; and
 (2)in subsection (b)— (A)by striking A local and inserting the following:

 (1)In generalA local; and (B)by adding at the end the following:

 (2)ExceptionThe limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services..


		I
		111th CONGRESS
		1st Session
		H. R. 2466
		IN THE HOUSE OF REPRESENTATIVES

			May 18, 2009
			Mrs. Lowey 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 protect the
		  financial stability of activated members of the Ready Reserve and National
		  Guard while serving abroad.

		1.Short titleThis Act may be cited as the
			 Guard and Reserve Financial Stability
			 Act of 2009.
		2.Ready Reserve-National
			 Guard employee credit and Ready Reserve-National Guard replacement employee
			 credit
			(a)Ready
			 Reserve-National Guard credit
				(1)In
			 generalSubpart D of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to business-related credits) is amended
			 by inserting after section 45Q the following new section:

						45R.Ready
				Reserve-National Guard employee credit
							(a)General
				ruleFor purposes of section 38, in the case of an eligible
				taxpayer, the Ready Reserve-National Guard employee credit determined under
				this section for any taxable year with respect to each Ready Reserve-National
				Guard employee of such taxpayer is an amount equal to 50 percent of the lesser
				of—
								(1)the actual
				compensation amount with respect to such employee for such taxable year,
				or
								(2)$30,000.
								(b)Definition of
				actual compensation amountFor purposes of this section, the term
				actual compensation amount means the amount of compensation paid
				or incurred by an eligible taxpayer with respect to a Ready Reserve-National
				Guard employee on any day when the employee was absent from employment for the
				purpose of performing qualified active duty.
							(c)LimitationsNo
				credit shall be allowed with respect to any day that a Ready Reserve-National
				Guard employee who performs qualified active duty was not scheduled to work
				(for reason other than to participate in qualified active duty).
							(d)Definitions and
				special rulesFor purposes of this section—
								(1)Eligible
				taxpayer
									(A)In
				generalThe term eligible taxpayer means a small
				business employer.
									(B)Small business
				employer
										(i)In
				generalThe term small business employer means, with
				respect to any taxable year, any employer who employed an average of 50 or
				fewer employees on business days during such taxable year.
										(ii)Controlled
				groupsFor purposes of clause (i), all persons treated as a
				single employer under subsection (b), (c), (m), or (o) of section 414 shall be
				treated as a single employer.
										(2)Qualified active
				dutyThe term qualified active duty means—
									(A)active duty under
				an order or call for a period in excess of 179 days or for an indefinite
				period, other than the training duty specified in section 10147 of title 10,
				United States Code (relating to training requirements for the Ready Reserve),
				or section 502(a) of title 32, United States Code (relating to required drills
				and field exercises for the National Guard), in connection with which an
				employee is entitled to reemployment rights and other benefits or to a leave of
				absence from employment under chapter 43 of title 38, United States Code,
				and
									(B)hospitalization
				incident to such duty.
									(3)CompensationThe
				term compensation means any remuneration for employment, whether
				in cash or in kind, which is paid or incurred by a taxpayer and which is
				deductible from the taxpayer’s gross income under section 162(a)(1).
								(4)Ready
				Reserve-National Guard employeeThe term Ready
				Reserve-National Guard employee means an employee who is a member of the
				Ready Reserve of a Reserve component of an Armed Force of the United States as
				described in sections 10142 and 10101 of title 10, United States Code.
								(5)Certain rules to
				ApplyRules similar to the rules of section 52 shall
				apply.
								(e)TerminationThis
				section shall not apply to any amount paid or incurred after December 31,
				2009.
							.
				(2)Credit to be
			 part of general business creditSubsection (b) of section 38 of
			 the Internal Revenue Code of 1986 (relating to general business credit) is
			 amended by striking plus at the end of paragraph (34), by
			 striking the period at the end of paragraph (35) and inserting ,
			 plus, and by adding at the end the following:

						(36)the Ready
				Reserve-National Guard employee credit determined under section
				45R(a).
						.
				(3)Denial of double
			 benefitSection 280C(a) of the Internal Revenue Code of 1986
			 (relating to rule for employment credits) is amended by inserting
			 45R(a), after 45P(a),.
				(4)Conforming
			 amendmentThe table of sections for subpart D of part IV of
			 subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by
			 inserting after the item relating to section 45Q the following:

							Sec. 45R. Ready Reserve-National Guard employee
				credit.

						.
				(5)Effective
			 dateThe amendments made by this subsection shall apply to
			 amounts paid or incurred after September 30, 2008, in taxable years ending
			 after such date.
				(b)Ready
			 Reserve-National Guard replacement employee credit
				(1)In
			 generalParagraph (1) of section 51(d) of the Internal Revenue
			 Code of 1986 (relating to members of targeted groups) is amended by striking
			 or at the end of subparagraph (H), by striking the period at the
			 end of subparagraph (I) and inserting , or and by adding at the
			 end the following new subparagraph:

						(J)a qualified
				replacement
				employee.
						.
				(2)Qualified
			 replacement employeeSection 51(d) of the Internal Revenue Code
			 of 1986 is amended by redesignating paragraphs (11), (12), and (13) as
			 paragraphs (12), (13), and (14), respectively, and by inserting after paragraph
			 (10) the following new paragraph:

						(11)Qualified
				replacement employee
							(A)In
				generalThe term qualified replacement employee
				means an individual who is certified by the designated local agency as being
				hired by an eligible taxpayer to replace a Ready Reserve-National Guard
				employee of such taxpayer, but only with respect to the period during which
				such Ready Reserve-National Guard employee participates in qualified active
				duty, including time spent in travel status.
							(B)General
				definitions and special rulesFor purposes of this
				paragraph—
								(i)Eligible
				taxpayerThe term eligible taxpayer means a small
				business employer.
								(ii)Small business
				employer
									(I)In
				generalThe term small business employer means, with
				respect to any taxable year, any employer who employed an average of 50 or
				fewer employees on business days during such taxable year.
									(II)Controlled
				groupsFor purposes of subclause (I), all persons treated as a
				single employer under subsection (b), (c), (m), or (o) of section 414 shall be
				treated as a single employer.
									(iii)Ready
				Reserve-National Guard employeeThe term Ready
				Reserve-National Guard employee has the meaning given such term by
				section 45R(d)(4).
								(iv)Qualified
				active dutyThe term qualified active duty has the
				meaning given such term by section 45R(d)(2).
								(C)Disallowance for
				failure to comply with employment or reemployment rights of members of the
				Reserve Components of the Armed Forces of the United StatesNo
				credit shall be allowed under subsection (a) by reason of paragraph (1)(J) to a
				taxpayer for—
								(i)any taxable year,
				beginning after the date of the enactment of this section, in which the
				taxpayer is under a final order, judgment, or other process issued or required
				by a district court of the United States under section 4323 of title 38 of the
				United States Code with respect to a violation of chapter 43 of such title,
				and
								(ii)the 2 succeeding
				taxable
				years.
								.
				(3)Effective
			 dateThe amendments made by this subsection shall apply to
			 amounts paid or incurred to an individual who begins work for the employer
			 after September 30, 2008.
				(c)Study by
			 GAO
				(1)In
			 generalThe Comptroller General of the United States shall study
			 the following:
					(A)What, if any,
			 problems exist in recruiting individuals for a Reserve component of an Armed
			 Force of the United States.
					(B)Whether the credit
			 allowed under section 45R of the Internal Revenue Code of 1986 (as added by
			 this section) is an effective incentive for the hiring and retention of
			 employees who are individuals described in subparagraph (A) and whether there
			 exists any compliance problems in the administration of such credit.
					(2)ReportThe
			 Comptroller General of the United States shall report on the results of the
			 study required under paragraph (1) to the Committee on Finance of the Senate
			 and the Committee on Ways and Means of the House of Representatives before
			 December 1, 2009.


115 HR 3569 IH: Officer Sean Collier Campus Police Recognition Act of 2017
U.S. House of Representatives
2017-07-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 3569IN THE HOUSE OF REPRESENTATIVESJuly 28, 2017Mr. Capuano (for himself, Ms. Brownley of California, Mr. Castro of Texas, Ms. Clark of Massachusetts, Ms. Jackson Lee, Mr. Keating, Mr. Kennedy, Mr. King of New York, Mr. Lynch, Mr. McGovern, Mr. Moulton, Mr. Neal, Ms. Tsongas, Mr. Veasey, Ms. Shea-Porter, Mr. Cohen, and Mr. DeSaulnier) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide death benefits for
			 campus police officers.

 1.Short titleThis Act may be cited as the Officer Sean Collier Campus Police Recognition Act of 2017. 2.Death benefits for campus police officersSection 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended—
 (1)by redesignating paragraphs (1) through (9) as paragraphs (2) through (10), respectively; (2)by inserting the following before paragraph (2) (as so redesignated):

 (1)campus police officer means a police officer— (A)who is authorized to enforce the criminal laws (including the authorization to make arrests); and
 (B)who is employed by an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965), including a police or similar department operated by such institution;; and
 (3)in paragraph (10) (as so redesignated)— (A)in subparagraph (C)(ii), by striking or at the end;
 (B)in subparagraph (D), by striking the period at the end and inserting ; or ; and (C)by inserting after subparagraph (D) the following:

 (E)a campus police officer..  3.Effective dateThe amendments made by this Act shall apply with respect to a personal injury sustained in the line of duty by a campus police officer occurring on or after April 15, 2013.


115 S2889 IS: Medgar Evers Home National Monument Act
U.S. Senate
2018-05-21
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.

II115th CONGRESS2d SessionS. 2889IN THE SENATE OF THE UNITED STATESMay 21, 2018Mr. Wicker (for himself, Mrs. Hyde-Smith, and Mr. Jones) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo establish the Medgar Evers National Monument in the State of Mississippi, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Medgar Evers Home National Monument Act. 2.DefinitionsIn this Act:
 (1)MonumentThe term Monument means the Medgar Evers Home National Monument established by section 3. (2)Historic districtThe term Historic District means the Medgar Evers Historic District, as included on the National Register of Historic Places, and as generally depicted on the Map.
 (3)MapThe term Map means the map entitled Medgar Evers Home National Monument, numbered 515/142561, and dated February 2018. (4)SecretaryThe term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service.
 (5)CollegeThe term College means Tougaloo College, a private educational institution located in Tougaloo, Mississippi. 3.Establishment of Medgar Evers Home National Monument (a)Establishment (1)In generalSubject to paragraph (2), there is established the Medgar Evers Home National Monument in the State of Mississippi as a unit of the National Park System to preserve, protect, and interpret for the benefit of present and future generations resources associated with Medgar Evers’ pivotal role in the American Civil Rights Movement.
 (2)ConditionsThe Monument shall not be established until the date on which the Secretary— (A)has entered into a written agreement with the College providing that all parcels within the Medgar Evers Home National Monument boundary as depicted on the Map shall be donated to the United States for inclusion in the Monument to be managed consistently with the purposes of the Monument; and
 (B)has otherwise acquired sufficient land or interests in land within the boundaries of the Monument to constitute a manageable unit.
 (b)BoundariesThe boundaries of Monument shall be the boundaries generally depicted on the Map. (c)Availability of mapThe Map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
 (d)Acquisition of authorityThe Secretary may only acquire any land or interest in land located within the boundary of the Monument by—
 (1)donation; (2)purchase with donated funds; or
 (3)exchange. (e)Administration (1)In generalThe Secretary shall administer the Monument in accordance with—
 (A)this Act; and (B)the laws generally applicable to units of the National Park System.
					(2)Management plan
 (A)Not later than 3 years after the date on which funds are first made available to the Secretary for this purpose, the Secretary shall prepare a general management plan for the Monument in accordance with section 100502 of title 54, United States Code.
 (B)On completion of the general management plan under subparagraph (A), the Secretary shall submit it to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
					(f)Cooperative agreements
 (1)MonumentThe Secretary shall enter into a cooperative agreement with the College for interpretive and educational programming related to the Monument, and may enter into other cooperative agreements for the purposes of carrying out this Act.
 (2)Historic districtThe Secretary may enter into cooperative agreements with the owner of a nationally significant property within the Historic District, to identify, mark, interpret, improve, restore, and provide technical assistance with respect to the preservation and interpretation of the property.
 (g)No buffer zonesNothing in this Act, the establishment of the Monument, or the management of the Monument shall be construed to create buffer zones outside of the Monument. The fact that an activity or use can be seen, heard, or detected from within the Monument shall not preclude the conduct of that activity or use outside of the Monument.


113 S487 IS: Driver Fatigue Prevention Act
U.S. Senate
2013-03-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 487
		IN THE SENATE OF THE UNITED STATES

			March 7, 2013
			Mr. Schumer introduced
			 the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Fair Labor Standards Act of 1938 to provide
		  that over-the-road bus drivers are covered under the maximum hours
		  requirements.

		1.Short
			 titleThis Act may be cited as
			 the Driver Fatigue Prevention
			 Act.
		2.Amendment to the
			 Fair Labor Standards Act of 1938Section 13(b)(1) of the Fair Labor Standards
			 Act of 1938 (29 U.S.C. 213(b)(1)) is amended by inserting before the semicolon
			 the following: except a driver of an over-the-road bus as
			 defined in section 3038(a)(3) of the Transportation Equity Act for the 21st
			 Century (Public Law 105–178; 49 U.S.C. 5310 note).


117 SRES 119 IS: SFC Sean Cooley and SPC Christopher Horton Congressional Gold Star Family Fellowship Program Resolution
U.S. Senate

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.

III117th CONGRESS1st SessionS. RES. 119IN THE SENATE OF THE UNITED STATESMarch 17 (legislative day, March 16), 2021Mrs. Blackburn (for herself, Mr. Cramer, Mr. Crapo, Ms. Ernst, Mr. Hagerty, Ms. Hassan, Mr. Scott of Florida, Ms. Sinema, and Mr. Wicker) submitted the following resolution; which was referred to the Committee on Rules and AdministrationRESOLUTIONEstablishing the Congressional Gold Star Family Fellowship Program for the placement in offices of Senators of children, spouses, and siblings of members of the Armed Forces who are hostile casualties or who have died from a training-related injury.1.Short titleThis resolution may be cited as the SFC Sean Cooley and SPC Christopher Horton Congressional Gold Star Family Fellowship Program Resolution.2.Congressional Gold Star Fellowship Program(a)DefinitionsIn this section—(1)the term eligible individual means an individual who is the child (including a stepchild), spouse, or sibling of a member of the Armed Forces who is a hostile casualty or died from a training-related injury;(2)the terms hostile casualty and training-related injury have the meanings given those terms in section 2402(b) of title 38, United States Code; and(3)the term Program means the Congressional Gold Star Family Fellowship Program established under subsection (b).(b)EstablishmentThere is established in the Senate the Congressional Gold Star Family Fellowship Program, under which an eligible individual may serve a 12-month fellowship in the office of a Senator.(c)Direction of ProgramThe Program shall be carried out under the direction of the Secretary of the Senate.(d)Placement in District of Columbia office or a State officeAn individual may serve a fellowship under the Program at the office of a Senator in the District of Columbia or an office of the Senator in the State the Senator represents.(e)RegulationsThe Program shall be carried out in accordance with regulations promulgated by the Committee on Rules and Administration of the Senate.


		I
		112th CONGRESS
		1st Session
		H. R. 75
		IN THE HOUSE OF REPRESENTATIVES

			January 5, 2011
			Ms. Jackson Lee of
			 Texas introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To prohibit certain restraints of competition adversely
		  affecting automobile dealers.

		1.Short titleThis Act may be cited as the
			 Automobile Dealers Fair Competition
			 Act of 2011.
		2.Prohibition
			 against certain restraints of trade
			(a)ProhibitionIt
			 shall be unlawful for any new automobile manufacturer (as defined in subsection
			 (c)) engaged in commerce, in the course of such commerce, directly or
			 indirectly, to unreasonably discriminate against, or unreasonably deny a
			 franchise to, an automobile dealer (as defined in subsection (d)) in any case
			 in which the automobile dealer applies to such manufacturer, within 60 days
			 after the date of the enactment of this Act, for the retention of its franchise
			 and presents adequate evidence that it is a going concern.
			(b)Expedited
			 actions To protect franchise agreementsIn order to protect the
			 economic rights of automobile dealers, if at the end of 90 days following the
			 date of the enactment of this Act, if a new automobile manufacturer has not
			 entered into an agreement with an automobile dealer to restore its franchise,
			 the automobile dealer, at the dealer’s option, shall be able to seek
			 enforcement of its rights under subsection (a) by filing an action therefor in
			 a United Stated district court under a procedure in which a master appointed by
			 the court shall hear the matter and make a recommendation to the court within
			 90 days after the filing of the action. The court shall adopt the master’s
			 recommendation if in accord with the law and facts. The provisions of this
			 subsection shall not be in derogation of any rights an automobile dealer
			 otherwise has under this section.
			(c)Definition of
			 new automobile manufacturerAs used in subsection
			 (a), the term new automobile manufacturer means an automobile
			 manufacturing company established in 2009 that is the successor to another
			 automobile manufacturing company and acquires in such year the assets of the
			 predecessor automobile manufacturing company in a transaction governed by
			 section 363 of title 11 of the United States Code.
			(d)Definition of
			 automobile dealerAs used in subsection (a), the
			 term automobile dealer means any automobile dealer in the United
			 States that, on January 1, 2009, held a franchise granted by an automobile
			 manufacturing company that was the predecessor company to a new automobile
			 manufacturer to sell that company’s automobiles, but that, on the date of the
			 enactment of this Act, has not entered an agreement with the new automobile
			 manufacturer that is a successor to that company to continue serving as a
			 franchisee.