113 HR 3465 IH: Second Chance Reauthorization Act of 2013
U.S. House of Representatives
2013-11-13
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.

I
113th CONGRESS 1st Session
H. R. 3465
IN THE HOUSE OF REPRESENTATIVES

November 13, 2013
Mr. Sensenbrenner (for himself, Mr. Coble, Mr. Chabot, Mr. Danny K. Davis of Illinois, Mr. Conyers, Mr. Scott of Virginia, Mr. Bachus, Ms. Fudge, Mr. Johnson of Georgia, Mr. Stockman, Mr. Joyce, Mr. Cummings, and Ms. Jackson Lee) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To reauthorize the Second Chance Act of 2007.

1.Short titleThis Act may be cited as the Second Chance Reauthorization Act of 2013.
2.Improvements to existing programs
(a)Reauthorization of adult and juvenile offender State and local demonstration projectsSection 2976 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended—
(1)by striking subsection (a) and inserting the following:

(a)Grant authorizationThe Attorney General shall make grants to States, local governments, territories, or Indian tribes, or any combination thereof (in this section referred to as an eligible entity), in partnership with interested persons (including Federal corrections and supervision agencies), services providers, and nonprofit organizations for the purpose of strategic planning and implementation of adult and juvenile offender reentry projects.;
(2)in subsection (b)—
(A)in paragraph (3), by inserting or reentry courts, after community,;
(B)in paragraph (6), by striking and at the end;
(C)in paragraph (7), by striking the period at the end and inserting ; and; and
(D)by adding at the end the following:

(8)promoting employment opportunities consistent with the Transitional Jobs strategy (as defined in section 4 of the Second Chance Act of 2007 (42 U.S.C. 17502)).;
(3)by striking subsections (d), (e), and (f) and inserting the following:

(d)Combined grant application; priority consideration
(1)In generalThe Attorney General shall develop a procedure to allow applicants to submit a single application for a planning grant under subsection (e) and an implementation grant under subsection (f).
(2)Priority considerationThe Attorney General shall give priority consideration to grant applications under subsections (e) and (f) that include a commitment by the applicant to partner with a local evaluator to identify and analyze data that will—
(A)enable the grantee to target the intended offender population; and
(B)serve as a baseline for purposes of the evaluation.
(e)Planning grants
(1)In generalExcept as provided in paragraph (3), the Attorney General may make a grant to an eligible entity of not more than $75,000 to develop a strategic, collaborative plan for an adult or juvenile offender reentry demonstration project as described in subsection (h) that includes—
(A)a budget and a budget justification;
(B)a description of the outcome measures that will be used to measure the effectiveness of the program in promoting public safety and public health;
(C)the activities proposed;
(D)a schedule for completion of the activities described in subparagraph (C); and
(E)a description of the personnel necessary to complete the activities described in subparagraph (C).
(2)Maximum total grants and geographic diversity
(A)Maximum amountThe Attorney General may not make planning grants and implementation grants to 1 eligible entity in a total amount that is more than a $1,000,000.
(B)Geographic diversityThe Attorney General shall make every effort to ensure equitable geographic distribution of grants under this section and take into consideration the needs of underserved populations, including rural and tribal communities.
(3)Period of grantA planning grant made under this subsection shall be for a period of not longer than 1 year, beginning on the first day of the month in which the planning grant is made.
(f)Implementation grants
(1)ApplicationsAn eligible entity desiring an implementation grant under this subsection shall submit to the Attorney General an application that—
(A)contains a reentry strategic plan as described in subsection (h), which describes the long-term strategy and incorporates a detailed implementation schedule, including the plans of the applicant to fund the program after Federal funding is discontinued;
(B)identifies the local government role and the role of governmental agencies and nonprofit organizations that will be coordinated by, and that will collaborate on, the offender reentry strategy of the applicant, and certifies the involvement of such agencies and organizations;
(C)describes the evidence-based methodology and outcome measures that will be used to evaluate the program funded with a grant under this subsection, and specifically explains how such measurements will provide valid measures of the impact of that program; and
(D)describes how the project could be broadly replicated if demonstrated to be effective.
(2)RequirementsThe Attorney General may make a grant to an applicant under this subsection only if the application—
(A)reflects explicit support of the chief executive officer, or their designee, of the State, unit of local government, territory, or Indian tribe applying for a grant under this subsection;
(B)provides extensive discussion of the role of Federal corrections, State corrections departments, community corrections agencies, juvenile justice systems, and tribal or local jail systems in ensuring successful reentry of offenders into their communities;
(C)provides extensive evidence of collaboration with State and local government agencies overseeing health, housing, child welfare, education, substance abuse, victims services, and employment services, and with local law enforcement agencies;
(D)provides a plan for analysis of the statutory, regulatory, rules-based, and practice-based hurdles to reintegration of offenders into the community;
(E)includes the use of a State, local, territorial, or tribal task force, described in subsection (i), to carry out the activities funded under the grant;
(F)provides a plan for continued collaboration with a local evaluator as necessary to meeting the requirements under subsection (h); and
(G)demonstrates that the applicant participated in the planning grant process or engaged in comparable planning for the reentry project.
(3)Priority considerationsThe Attorney General shall give priority to grant applications under this subsection that best—
(A)focus initiative on geographic areas with a disproportionate population of offenders released from prisons, jails, and juvenile facilities;
(B)include—
(i)input from nonprofit organizations, in any case where relevant input is available and appropriate to the grant application;
(ii)consultation with crime victims and offenders who are released from prisons, jails, and juvenile facilities;
(iii)coordination with families of offenders;
(iv)input, where appropriate, from the juvenile justice coordinating council of the region;
(v)input, where appropriate, from the reentry coordinating council of the region; and
(vi)other interested persons, as appropriate;
(C)demonstrate effective case assessment and management abilities in order to provide comprehensive and continuous reentry, including—
(i)planning for prerelease transitional housing and community release that begins upon admission for juveniles and jail inmates, and, as appropriate, for prison inmates, depending on the length of the sentence;
(ii)establishing prerelease planning procedures to ensure that the eligibility of an offender for Federal, tribal, or State benefits upon release is established prior to release, subject to any limitations in law, and to ensure that offenders obtain all necessary referrals for reentry services, including assistance identifying and securing suitable housing; and
(iii)delivery of continuous and appropriate mental health services, drug treatment, medical care, job training and placement, educational services, vocational services, and any other service or support needed for reentry;
(D)review the process by which the applicant adjudicates violations of parole, probation, or supervision following release from prison, jail, or a juvenile facility, taking into account public safety and the use of graduated, community-based sanctions for minor and technical violations of parole, probation, or supervision (specifically those violations that are not otherwise, and independently, a violation of law);
(E)provide for an independent evaluation of reentry programs that include, to the maximum extent possible, random assignment and controlled studies to determine the effectiveness of such programs;
(F)target moderate and high-risk offenders for reentry programs through validated assessment tools; and
(G)target offenders with histories of homelessness, substance abuse, or mental illness, including a prerelease assessment of the housing status of the offender and behavioral health needs of the offender with clear coordination with mental health, substance abuse, and homelessness services systems to achieve stable and permanent housing outcomes with appropriate support service.
(4)AmountThe amount of a grant made under this subsection may not be more than $925,000.
(5)Period of grantA grant made under this subsection shall be effective for a 2-year period—
(A)beginning on the date on which the planning grant awarded under subsection (e) concludes; or
(B)in the case of an implementation grant awarded to an eligible entity that did not receive a planning grant, beginning on the date on which the implementation grant is awarded.;
(4)in subsection (h)—
(A)by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(B)by striking paragraph (1) and inserting the following:

(1)In generalAs a condition of receiving financial assistance under subsection (f), each application shall develop a comprehensive reentry strategic plan that—
(A)contains a plan to assess inmate reentry needs and measurable annual and 3-year performance outcomes;
(B)uses, to the maximum extent possible, randomly assigned and controlled studies, or rigorous quasi-experimental studies with matched comparison groups, to determine the effectiveness of the program funded with a grant under subsection (f); and
(C)includes as a goal of the plan to reduce the rate of recidivism for offenders released from prison, jail or a juvenile facility with funds made available under subsection (f).
(2)Local evaluatorA partnership with a local evaluator described in subsection (d)(2) shall require the local evaluator to use the baseline data and target population characteristics developed under a subsection (e) planning grant to derive a feasible and meaningful target goal for recidivism reduction during the 3-year period beginning on the date of implementation of the program.;
(5)in subsection (i)(1)—
(A)in the matter preceding subparagraph (A), by striking under this section and inserting under subsection (f); and
(B)in subparagraph (B), by striking subsection (e)(4) and inserting subsection (f)(2)(D);
(6)in subsection (j)—
(A)in paragraph (1), by inserting for an implementation grant under subsection (f) after applicant;
(B)in paragraph (2)—
(i)in subparagraph (E), by inserting , where appropriate after support; and
(ii)by striking subparagraphs (F), (G), and (H), and inserting the following:

(F)increased number of staff trained to administer reentry services;
(G)increased proportion of individuals served by the program among those eligible to receive services;
(H)increased number of individuals receiving risk screening needs assessment, and case planning services;
(I)increased enrollment in, and completion of treatment services, including substance abuse and mental health services among those assessed as needing such services;
(J)increased enrollment in and degrees earned from educational programs, including high school, GED, vocational training, and college education;
(K)increased number of individuals obtaining and retaining employment;
(L)increased number of individuals obtaining and maintaining housing;
(M)increased self-reports of successful community living, including stability of living situation and positive family relationships;
(N)reduction in drug and alcohol use; and
(O)reduction in recidivism rates for individuals receiving reentry services after release, as compared to either baseline recidivism rates in the jurisdiction of the grantee or recidivism rates of the control or comparison group.;
(C)in paragraph (3), by striking facilities. and inserting facilities, including a cost-benefit analysis to determine the cost effectiveness of the reentry program.;
(D)in paragraph (4), by striking this section and inserting subsection (f); and
(E)in paragraph (5), by striking this section and inserting subsection (f);
(7)in subsection (k)(1), by striking this section each place the term appears and inserting subsection (f);
(8)in subsection (l)—
(A)in paragraph (2), by inserting beginning on the date on which the most recent implementation grant is made to the grantee under subsection (f) after 2-year period; and
(B)in paragraph (4), by striking over a 2-year period and inserting during the 2-year period described in paragraph (2);
(9)in subsection (o)(1), by striking appropriated and all that follows and inserting the following: appropriated $35,000,000 for each of fiscal years 2014 through 2018.; and
(10)by adding at the end the following:

(p)DefinitionIn this section, the term reentry court means a program that—
(1)monitors juvenile and adult eligible offenders reentering the community;
(2)provides continual judicial supervision;
(3)provides juvenile and adult eligible offenders reentering the community with coordinated and comprehensive reentry services and programs, such as—
(A)drug and alcohol testing and assessment for treatment;
(B)assessment for substance abuse from a substance abuse professional who is approved by the State or Indian tribe and licensed by the appropriate entity to provide alcohol and drug addiction treatment, as appropriate;
(C)substance abuse treatment from a provider that is approved by the State or Indian tribe, and licensed, if necessary, to provide medical and other health services;
(D)health (including mental health) services and assessment;
(E)aftercare and case management services that—
(i)facilitate access to clinical care and related health services; and
(ii)coordinate with such clinical care and related health services; and
(F)any other services needed for reentry;
(4)convenes community impact panels, victim impact panels, or victim impact educational classes;
(5)provides and coordinates the delivery of community services to juvenile and adult eligible offenders, including—
(A)housing assistance;
(B)education;
(C)job training;
(D)conflict resolution skills training;
(E)batterer intervention programs; and
(F)other appropriate social services; and
(6)establishes and implements graduated sanctions and incentives..
(b)Grants for family-Based substance abuse treatmentPart DD of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s et seq.) is amended—
(1)in section 2921 (42 U.S.C. 3797s), in the matter preceding paragraph (1), by inserting nonprofit organizations, before and Indian;
(2)in section 2923 (42 U.S.C. 3797s–2), by adding at the end the following:

(c)Priority considerationsThe Attorney General shall give priority consideration to grant applications for grants under section 2921 that are submitted by a nonprofit organization that demonstrates a relationship with State and local criminal justice agencies, including—
(1)within the judiciary and prosecutorial agencies; or
(2)with the local corrections agencies, which shall be documented by a written agreement that details the terms of access to facilities and participants and provides information on the history of the organization of working with correctional populations.; and
(3)by striking section 2926(a) (42 U.S.C. 3797s–5(a)), and inserting the following:

(a)In generalThere are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2014 through 2018..
(c)Grant program To evaluate and improve educational methods at prisons, jails, and juvenile facilitiesTitle I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended—
(1)by redesignating part KK (42 U.S.C. 3797ee et seq.) as part LL;
(2)by redesignating the second part designated as part JJ, as added by the Second Chance Act of 2007 (Public Law 110–199; 122 Stat. 677), relating to grants to evaluate and improve educational methods, as part KK;
(3)by redesignating the second section designated as section 3001 and section 3002 (42 U.S.C. 3797dd and 3797dd–1), as added by the Second Chance Act of 2007 (Public Law 110–199; 122 Stat. 677), relating to grants to evaluate and improve educational methods, as sections 3005 and 3006, respectively;
(4)in section 3005, as so redesignated—
(A)in subsection (a)—
(i)in paragraph (2), by striking and at the end;
(ii)in paragraph (3), by striking the period at the end and inserting ; and; and
(iii)by adding at the end the following:

(4)implement methods to improve academic and vocational education for offenders in prisons, jails, and juvenile facilities consistent with the best practices identified in subsection (c).;
(B)by redesignating subsection (c) as subsection (d); and
(C)by inserting after subsection (b), the following:

(c)Best practicesNot later than 180 days after the date of enactment of the Second Chance Reauthorization Act of 2013, the Attorney General shall identify and publish best practices relating to academic and vocational education for offenders in prisons, jails, and juvenile facilities. The best practices shall consider the evaluations performed and recommendations made under grants made under subsection (a) before the date of enactment of the Second Chance Reauthorization Act of 2013.; and
(5)in section 3006, as so redesignated, by striking to carry and all that follows through 2010 and inserting for each of fiscal years 2014, 2015, 2016, 2017, and 2018 for grants for purposes described in section 3005(a)(4).
(d)Careers training demonstration grantsSection 115 of the Second Chance Act of 2007 (42 U.S.C. 17511) is amended—
(1)in subsection (a)—
(A)by striking and Indian and inserting nonprofit organizations, and Indian; and
(B)by striking technology career training to prisoners and inserting career training, including subsidized employment, when part of a training program, to prisoners and reentering youth and adults;
(2)in subsection (b)—
(A)by striking technology careers training;
(B)by striking technology-based; and
(C)by inserting , as well as upon transition and reentry into the community after facility;
(3)by striking subsections (c) and (e);
(4)by inserting after subsection (b) the following:

(c)Priority considerationPriority consideration shall be given to any application under this section that—
(1)provides assessment of local demand for employees in the geographic areas to which offenders are likely to return;
(2)conducts individualized reentry career planning upon the start of incarceration or post-release employment planning for each offender served under the grant;
(3)demonstrates connections to employers within the local community; or
(4)tracks and monitors employment outcomes.; and
(5)by adding at the end the following:

(e)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018..
(e)Offender reentry substance abuse and criminal justice collaboration programSection 201(f)(1) of the Second Chance Act of 2007 (42 U.S.C. 17521(f)(1)) is amended to read as follows:

(1)In generalThere are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2014 through 2018..
(f)Community-Based mentoring and transitional service grants to nonprofit organizations
(1)In generalSection 211 of the Second Chance Act of 2007 (42 U.S.C. 17531) is amended—
(A)in the header, by striking Mentoring grants to nonprofit organizations and inserting Community-based mentoring and transitional service grants to nonprofit organizations;
(B)in subsection (a), by striking mentoring and other;
(C)in subsection (b), by striking paragraph (2) and inserting the following:

(2)transitional services to assist in the reintegration of offenders into the community, including—
(A)educational, literacy, and vocational, services and the Transitional Jobs strategy;
(B)substance abuse treatment and services;
(C)coordinated supervision and comprehensive services for offenders, including housing and mental and physical health care;
(D)family services; and
(E)validated assessment tools to assess the risk factors of returning inmates; and; and
(D)in subsection (f), by striking this section and all that follows and inserting the following: this section $15,000,000 for fiscal years 2014 through 2018..
(2)Table of contents amendmentThe table of contents in section 2 of the Second Chance Act of 2007 (42 U.S.C. 17501 note) is amended by striking the item relating to section 211 and inserting the following:

Sec. 211. Community-based mentoring and transitional service grants..
(g)Definitions
(1)In generalSection 4 of the Second Chance Act of 2007 (42 U.S.C. 17502) is amended to read as follows:

4.DefinitionsIn this Act—
(1)the term exoneree means an individual who—
(A)has been convicted of a Federal, tribal, or State offense that is punishable by a term of imprisonment of more than 1 year;
(B)has served a term of imprisonment for not less than 6 months in a Federal, tribal, or State prison or correctional facility as a result of the conviction described in subparagraph (A); and
(C)has been determined to be factually innocent of the offense described in subparagraph (A);
(2)the term Indian tribe has the meaning given in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791);
(3)the term offender includes an exoneree; and
(4)the term Transitional Jobs strategy means an employment strategy for youth and adults who are chronically unemployed or those that have barriers to employment that—
(A)is conducted by State, tribal, and local governments, State, tribal, and local workforce boards, and nonprofit organizations;
(B)provides time-limited employment using individual placements, team placements, and social enterprise placements, without displacing existing employees;
(C)pays wages in accordance with applicable law, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State or local minimum wage law, which are subsidized, in whole or in part, by public funds;
(D)combines time-limited employment with activities that promote skill development, remove barriers to employment, and lead to unsubsidized employment such as a thorough orientation and individual assessment, job readiness and life skills training, case management and supportive services, adult education and training, child support-related services, job retention support and incentives, and other similar activities;
(E)places participants into unsubsidized employment; and
(F)provides job retention, re-employment services, and continuing and vocational education to ensure continuing participation in unsubsidized employment and identification of opportunities for advancement..
(2)Table of contents amendmentThe table of contents in section 2 of the Second Chance Act of 2007 (42 U.S.C. 17501 note) is amended by striking the item relating to section 4 and inserting the following:

Sec. 4. Definitions..
(h)Extension of the length of section 2976 grantsSection 6(1) of the Second Chance Act of 2007 (42 U.S.C. 17504(1)) is amended by inserting or under section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) after and 212.
3.Audit and accountability of grantees
(a)DefinitionIn this section, the term unresolved audit finding means an audit report finding or recommendation that a grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved during a 1-year period beginning on the date of an initial notification of the finding or recommendation.
(b)Audit requirementBeginning in fiscal year 2013, and every 3 years thereafter, the Inspector General of the Department of Justice shall conduct an audit of not less than 5 percent of all grantees that are awarded funding under—
(1)section 2976(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(b));
(2)part CC of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797q et seq.), as amended by this Act;
(3)part DD of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s et seq.);
(4)part JJ of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797dd et seq.); or
(5)section 115, 201, or 211 of the Second Chance Act of 2007 (42 U.S.C. 17511, 17521, and 17531).
(c)Mandatory exclusionA grantee that is found to have an unresolved audit finding under an audit conducted under subsection (b) may not receive grant funds under the grant programs described in paragraphs (1) through (5) of subsection (b) in the fiscal year following the fiscal year to which the finding relates.
(d)Priority of grant awardsThe Attorney General, in awarding grants under the programs described in paragraphs (1) through (5) of subsection (b) shall give priority to eligible entities that during the 2-year period preceding the application for a grant have not been found to have an unresolved audit finding.
4.Federal reentry improvements
(a)Responsible reintegration of offendersSection 212 of the Second Chance Act of 2007 (42 U.S.C. 17532) is repealed.
(b)Federal prisoner reentry initiativeSection 231 of the Second Chance Act of 2007 (42 U.S.C. 17541) is amended—
(1)in subsection (g)—
(A)in paragraph (3), by striking carried out during fiscal years 2009 and 2010 and inserting carried out during fiscal years 2014 through 2018; and
(B)in paragraph (5)(A)—
(i)in clause (i), by striking 65 years and inserting 60 years; and
(ii)in clause (ii), by striking or 75 percent and inserting or 2/3;
(2)by striking subsection (h);
(3)by redesignating subsection (i) as subsection (h); and
(4)in subsection (h), as so redesignated, by striking 2009 and 2010 and inserting 2014 through 2018.
(c)Enhancing reporting requirements pertaining to community correctionsSection 3624(c) of title 18, United States Code, is amended—
(1)in paragraph (5), in the second sentence, by inserting , and number of prisoners not being placed in community corrections facilities for each reason set forth before , and any other information; and
(2)in paragraph (6), by striking the Second Chance Act of 2007 and inserting the Second Chance Reauthorization Act of 2013.
(d)Termination of study on effectiveness of depot naltrexone for heroin addictionSection 244 of the Second Chance Act of 2007 (42 U.S.C. 17554) is repealed.
(e)Authorization of appropriations for researchSection 245 of the Second Chance Act of 2007 (42 U.S.C. 17555) is amended—
(1)by striking 243, and 244 and inserting and 243; and
(2)by striking $10,000,000 for each of the fiscal years 2009 and 2010 and inserting $5,000,000 for each of the fiscal years 2014, 2015, 2016, 2017, and 2018.
(f)Federal prisoner recidivism reduction programming enhancement
(1)In generalSection 3621 of title 18, United States Code, is amended—
(A)by redesignating subsection (g) as subsection (h); and
(B)by inserting after subsection (f) the following:

(g)Partnerships To expand access to reentry programs proven To reduce recidivism
(1)DefinitionThe term demonstrated to reduce recidivism means that the Director of Bureau of Prisons has determined that appropriate research has been conducted and has validated the effectiveness of the type of program on recidivism.
(2)Eligibility for recidivism reduction partnershipA faith-based or community-based nonprofit organization that provides mentoring or other programs that have been demonstrated to reduce recidivism is eligible to enter into a recidivism reduction partnership with a prison or community-based facility operated by the Bureau of Prisons.
(3)Recidivism reduction partnershipsThe Director of the Bureau of Prisons shall develop policies to require wardens of prisons and community-based facilities to enter into recidivism reduction partnerships with faith-based and community-based nonprofit organizations that are willing to provide, on a volunteer basis, programs described in paragraph (2).
(4)Reporting requirementThe Director of the Bureau of Prisons shall submit to Congress an annual report on the last day of each fiscal year that—
(A)details, for each prison and community-based facility for the fiscal year just ended—
(i)the number of recidivism reduction partnerships under this section that were in effect;
(ii)the number of volunteers that provided recidivism reduction programming; and
(iii)the number of recidivism reduction programming hours provided; and
(B)explains any disparities between facilities in the numbers reported under subparagraph (A)..
(2)Effective dateThe amendments made by paragraph (1) shall take effect 180 days after the date of enactment of this Act.
(g)Repeals
(1)Section 2978 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w–2) is repealed.
(2)Part CC of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797q et seq.) is repealed.
5.Task Force on Federal programs and activities relating to reentry of offenders
(a)Task Force RequiredThe Attorney General, in consultation with the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, the Secretary of Agriculture, and the heads of such other agencies of the Federal Government as the Attorney General considers appropriate, and in collaboration with interested persons, service providers, nonprofit organizations, States, tribal, and local governments, shall establish an interagency task force on Federal programs and activities relating to the reentry of offenders into the community (referred to in this section as the Task Force).
(b)DutiesThe Task Force shall—
(1)identify such programs and activities that may be resulting in overlap or duplication of services, the scope of such overlap or duplication, and the relationship of such overlap and duplication to public safety, public health, and effectiveness and efficiency;
(2)identify methods to improve collaboration and coordination of such programs and activities;
(3)identify areas of responsibility in which improved collaboration and coordination of such programs and activities would result in increased effectiveness or efficiency;
(4)develop innovative interagency or intergovernmental programs, activities, or procedures that would improve outcomes of reentering offenders and children of offenders;
(5)develop methods for increasing regular communication among agencies that would increase interagency program effectiveness;
(6)identify areas of research that can be coordinated across agencies with an emphasis on applying evidence-based practices to support, treatment, and intervention programs for reentering offenders;
(7)identify funding areas that should be coordinated across agencies and any gaps in funding; and
(8)in collaboration with the National Adult and Juvenile Offender Reentry Resources Center, identify successful programs currently operating and collect best practices in offender reentry from demonstration grantees and other agencies and organizations, determine the extent to which such programs and practices can be replicated, and make information on such programs and practices available to States, localities, nonprofit organizations, and others.
(c)Report
(1)In generalNot later than 1 year after the date of the enactment of this Act, the Task Force shall submit a report, including recommendations, to Congress on barriers to reentry.
(2)ContentsThe report required under paragraph (1) shall identify Federal and other barriers to successful reentry of offenders into the community and analyze the effects of such barriers on offenders and on children and other family members of offenders, including—
(A)admissions and evictions from Federal housing programs;
(B)child support obligations and procedures;
(C)Social Security benefits, veterans benefits, food stamps, and other forms of Federal public assistance;
(D)Medicaid Program and Medicare Program procedures, requirements, regulations, and guidelines;
(E)education programs, financial assistance, and full civic participation;
(F)Temporary Assistance for Needy Families program funding criteria and other welfare benefits;
(G)employment and training;
(H)reentry procedures, case planning, and transitions of persons from the custody of the Federal Bureau of Prisons to a Federal parole or probation program or community corrections;
(I)laws, regulations, rules, and practices that may require a parolee to return to the same county that they were living in before their arrest and therefore prevent offenders from changing their setting upon release; and
(J)trying to establish pre-release planning procedures for prisoners to ensure that a prisoner's eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security and veterans benefits) upon release is established prior to release, subject to any limitations in law, and to ensure that prisoners are provided with referrals to appropriate social and health services or are referred to appropriate nonprofit organizations.
(d)Updated reportsOn an annual basis, the Task Force shall submit to Congress an updated report on the activities of the Task Force, including specific recommendations on issues described in subsections (b) and (c).


113 S510 IS: Scofield Land Transfer 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. 510
		IN THE SENATE OF THE UNITED STATES

			March 7, 2013
			Mr. Hatch introduced the
			 following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To authorize the Secretary of the Interior to convey
		  certain interests in Federal land acquired for the Scofield Project in Carbon
		  County, Utah.

		1.Short
			 titleThis Act may be cited as
			 the Scofield Land Transfer
			 Act.
		2.DefinitionsIn this Act:
			(1)ClaimantThe
			 term claimant means any person or entity that, according to the
			 records in the office of the Recorder for Carbon County, Utah, as of the date
			 of enactment of this Act, claims title to, or an interest in, the Federal
			 land.
			(2)Federal
			 landThe term Federal land means the land acquired
			 by Price River Water Conservation District and transferred to the United States
			 for use in the construction and operation of Scofield Dam and Reservoir located
			 between the normal water surface elevation and the property boundary elevation
			 in the Scofield Reservoir basin.
			(3)Flood surcharge
			 elevationThe term flood surcharge elevation means
			 the elevation of 7640.3 in the North American Vertical Datum of 1988, which
			 corresponds to the elevation of the crest of Scofield Dam.
			(4)FundThe
			 term Fund means the Scofield Reservoir Fund established by
			 section 3(b)(7)(A).
			(5)Life
			 estateThe term life estate means—
				(A)if the claimant
			 is a person, an interest of the claimant in the Federal land that will revert
			 to the United States on the date of the death of the claimant; and
				(B)if the claimant
			 is an entity, an interest in the Federal land of a person designated by the
			 claimant that will revert to the United States on the date of the death of the
			 designated person.
				(6)Normal water
			 surface elevationThe term normal water surface
			 elevation means the contour elevation of 7621.8 in the North American
			 Vertical Datum of 1988, which corresponds to the elevation of the crest of the
			 spillway of Scofield Dam.
			(7)Property
			 boundary elevationThe term property boundary
			 elevation means the contour elevation 7630, as surveyed by McGonagle and
			 Ulrich, Land Surveyors, in 1926, which was transmuted to the current elevation
			 of 7638.9 in the North American Vertical Datum of 1988 and which corresponds to
			 1.4 vertical feet below the crest of Scofield Dam.
			(8)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(9)Structure
				(A)In
			 generalThe term structure means a residence of a
			 claimant in existence on the date of enactment of this Act.
				(B)InclusionThe
			 term structure includes infrastructure associated with the
			 residence, including water, power, sewer, and roads.
				3.Conveyance of
			 Scofield project land
			(a)Survey;
			 notificationAs soon as practicable after the date of enactment
			 of this Act, the Secretary shall—
				(1)complete a full
			 physical and title survey of the Federal land and any other related land in and
			 around the Scofield Reservoir Basin; and
				(2)attempt to notify
			 each of the claimants of the trespass or encroachment on the Federal land by
			 the applicable claimant, including the existence of any trespassing or
			 encroaching structures of the claimant.
				(b)Authorization
			 To convey Federal land
				(1)In
			 generalTo resolve the issues of trespass and encroachment on the
			 Federal land by the claimants, the Secretary may, on election by the claimant
			 in accordance with paragraph (5)—
					(A)convey to a
			 claimant fee interest in the claimed portion of the Federal land that is
			 located above the normal water surface elevation, subject to paragraph (2);
			 or
					(B)grant to a
			 claimant a life estate permitting the continued occupation of the claimed
			 portion of the Federal land above the normal water surface elevation, subject
			 to paragraph (3).
					(2)Conveyance
			 requirementsA conveyance under paragraph (1)(A) shall be subject
			 to—
					(A)the claimant
			 paying to the Secretary the fair market value of the fee interest in the
			 claimed portion of the Federal land, exclusive of the value of any
			 structures;
					(B)the United States
			 retaining a flood easement over the entire portion of Federal land conveyed;
			 and
					(C)deed restrictions
			 requiring that—
						(i)to prevent any
			 structure on the portion of the Federal land conveyed from being displaced
			 during a flood event, the claimant—
							(I)secure or tie
			 down the structure;
							(II)rebuild the
			 structure with the same footprint as the original structure; or
							(III)repair the
			 structure; and
							(ii)all activities
			 carried out by the claimant under clause (i) with respect to a structure be
			 carried out in accordance with—
							(I)the International
			 Building Code (as adopted by Utah Administrative Code R156–56); or
							(II)any other
			 building code or engineering standard that is—
								(aa)similar to the
			 International Building Code;
								(bb)widely used;
			 and
								(cc)nationally
			 recognized.
								(3)Life estate
			 requirementsA life estate granted under paragraph (1)(B) shall
			 be subject to—
					(A)the claimant
			 paying to the Secretary the fair market value of the life estate on the claimed
			 portion of the Federal land;
					(B)provisions under
			 which the claimant agrees to hold the United States harmless for all claims
			 arising from the design, construction, operation, or replacement of Scofield
			 Dam and Reservoir; and
					(C)provisions
			 requiring the claimant to secure or tie down all structures on the portion of
			 Federal land conveyed to prevent the structures from being displaced during a
			 flood event in accordance with a code described in clause (i) or (ii) of
			 paragraph (2)(C).
					(4)Compliance with
			 environmental laws
					(A)In
			 generalBefore conveying the Federal land under paragraph (1)(A)
			 or granting a life estate under paragraph (1)(B), the Secretary shall comply
			 with all applicable requirements under—
						(i)the
			 National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
						(ii)the Endangered
			 Species Act of 1973 (16 U.S.C. 1531 et seq.); and
						(iii)any other
			 applicable law.
						(B)EffectNothing
			 in this Act modifies or alters any obligations under—
						(i)the
			 National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
						(ii)the Endangered
			 Species Act of 1973 (16 U.S.C. 1531 et seq.).
						(5)Deadline for
			 electionNot later than 5 years after the date of enactment of
			 this Act, each of the claimants shall notify the Secretary in writing of
			 whether the claimant opts to receive—
					(A)a fee interest in
			 the claimed portion of the Federal land, in accordance with paragraph (1)(A);
			 or
					(B)a life estate in
			 the claimed portion of the Federal land, in accordance with paragraph
			 (1)(B).
					(6)Failure to
			 notify Secretary
					(A)In
			 generalIf a claimant fails to submit to the Secretary a notice
			 of an election in accordance with paragraph (5), any future claim by the
			 claimant with respect to the Federal land shall be extinguished.
					(B)Quiet
			 titleOn extinguishment of the claim under subparagraph (A), the
			 Secretary shall take such action as is necessary to quiet title to the
			 applicable portion of the Federal land, including removal of persons, entities,
			 structures, and materials encumbering the applicable portion of the Federal
			 land.
					(7)Trust
			 fund
					(A)EstablishmentThere
			 is established in the Treasury of the United States a fund to be known as the
			 Scofield Reservoir Fund, to be administered by the Secretary and
			 to be available, without fiscal year limitation, for providing enhanced
			 recreation opportunities at Scofield Reservoir.
					(B)Transfers to
			 fundThere shall be deposited in the Fund any amounts received as
			 consideration for a conveyance under paragraph (2)(A) or a granting of a life
			 estate under paragraph (3)(A).
					4.ReportNot later than 3 years after the date of
			 enactment of this Act, the Secretary shall submit to Congress a report
			 that—
			(1)describes the
			 status of any activities authorized under this Act;
			(2)describes any
			 obstacles to completing any outstanding transfers of title or grants of life
			 estates;
			(3)specifies an
			 anticipated date for completion of any outstanding transfers of title or grants
			 of life estates; and
			(4)describes efforts
			 to quiet title to any portion of the Federal land to which a claimant did not
			 submit an election under section 3(b)(5).


117 HR 2085 IH: Help Extract Animals from Red Tape Act of 2021
U.S. House of Representatives
2021-03-19
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
117th CONGRESS1st Session
H. R. 2085
IN THE HOUSE OF REPRESENTATIVES

March 19, 2021
Ms. Chu (for herself and Mr. Katko) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To amend title 18, United States Code, with respect to civil forfeitures relating to certain seized animals.

1.Short titleThis Act may be cited as the Help Extract Animals from Red Tape Act of 2021 or the HEART Act of 2021. 2.Findings Congress finds the following:
(1)Animal fighting is one of the most heinous forms of animal cruelty. (2)Federal law prohibits sponsoring, exhibiting, or attending an animal fight, causing an individual under the age of 16 to attend an animal fight, using the postal service for promoting an animal fighting venture, as well as the interstate commerce in animal fighting paraphilia and animals for the participation in animal fights.
(3)Animal fighting is often associated with other forms of criminal activity including illegal gambling, drug trafficking, and domestic violence. (4)In order to rescue animals from further cruelty, provide needed veterinary care, and protect communities, Federal agencies often seize animals suspected of being used in animal fighting ventures.
(5)Federal agencies tasked with enforcing the Federal animal fighting statutes often lack the infrastructure and expertise to hold animals after seizure and instead partner with animal welfare organizations and local animal shelters to hold animals until the final judgement of the seizure cases. (6)The significant length of time animals are held before courts determine their disposition can result in serious physical and behavioral deterioration due to chronic stress, even when shelters provide high quality care.
(7)Federal animal fighting cases often involve dozens, if not hundreds of seized animals. (8)Between 2016 and 2019, the United States Department of Justice seized over 1,000 dogs in animal fighting cases.
(9)Holding times for animals seized in Federal animal fighting cases can stretch on for over a year. After 64 dogs were seized from twelve locations in a Federal animal fighting case in 2016, some animals were held for up to 436 days. (10)Seizing 367 dogs in a Federal animal fighting case in 2013 required sheltering dogs for up to 390 days. Fifty-three percent of the dogs in that case declined behaviorally, with 30 percent of them deteriorating to such a degree that they had to be humanely euthanized.
(11)Reducing the time that seized animals must be held before courts determine their legal disposition is the best way to minimize the trauma animals have experienced at the hands of their abusers. (12)The unique nature of animals compared to other seized assets requires higher costs to the government and to partnering animal welfare organizations.
(13)Animal welfare organizations have sheltered animals for several Federal investigations at costs ranging from $900,000 to more than $3 million. (14)Uncertainty regarding who is ultimately responsible for the cost of care for the seized animals discourages future animal fighting investigations, which means fewer animals saved.
(15)Expediting the disposition process for animals seized in Federal animal fighting cases will provide better outcomes for animals, reduce financial burdens on animal welfare organizations partnering with Federal agencies, and will provide more space in shelters for other animals in need. 3.Reduced notice period (a)Notice timing for cases of animal seizureSection 983(a)(1)(A) of title 18, United States Code, is amended by adding at the end the following new clause:

(vi)With respect to an animal seized under section 26 of the Animal Welfare Act or under section 1955 of this title, clauses (i), (ii), (iii), and (v), shall be applied by substituting 30-days for 60-days.. (b)Notice procedures for cases of animal seizureSection 983(a)(1) of title 18, United States Code, as amended by this Act, is amended—
(1)in subparagraph (B) by inserting and with respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, that the delay is warranted in light of the criteria in subparagraph (G) after if the official determines that the conditions in subparagraph (D) are present,; (2)in subparagraph (C) by inserting and with respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, that the delay is warranted in light of the criteria in subparagraph (G) after that the conditions in subparagraph (D) are present,; and
(3)by adding after subparagraph (F), the following:  (G)With respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, the period for sending notice under this paragraph may be extended only after consideration of the following:
(i)The cost to the government of caring and providing shelter for the animal. (ii)The psychological and physical health of the animal and the effect the delay will have on its rehabilitation.
(iii)Any increased risk that the delay could necessitate the euthanasia of the animal. (iv)Any psychological harm incurred by the animals’ owner due to the delay in disposition..
4.Seizures of animals
(a)Payment for certain costsSection 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following:  (J)payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18..
(b)Reimbursement and proportionalitySection 983(h) of title 18, United States Code, is amended by adding at the end, the following:  (4)In any civil forfeiture proceeding in which the Government prevails, the court shall require the claimant, to reimburse the United States for any actual and reasonable costs to the government for the transportation, shelter, care, veterinary services, or where appropriate, humane euthanasia of an animal that was the subject of the proceeding. The reimbursement shall be credited to the agency or fund that was used to pay the costs being reimbursed.
(5)In any civil forfeiture proceeding in which an animal is subject of the proceeding, the court may reduce the size of a reimbursement based on any of the following factors: (A)The seriousness of the offense.
(B)The culpability of the claimant. (C)The claimant’s prior record.
(D)The claimant’s financial condition and need to support a family. (E)The purpose of the forfeiture statute in question.
(6)Nothing in this section should be interpreted to reimburse the United States for any costs other than for costs related to animals seized under section 26 of the Animal Welfare Act or under section 1955 of title 18..


 HR 3703 ENR: To amend section 5112(p)(1)(A) of title 31,

U.S. House of Representatives
0
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		One Hundred Tenth Congress of the United States of
		  America
		At the First SessionBegun and held
		at the City of Washington on Thursday, the fourth day of January, two thousand
		and seven
		H. R. 3703

		AN ACT
		To amend section 5112(p)(1)(A) of title 31,
		  United States Code, to allow an exception from the $1 coin dispensing
		  capability requirement for certain vending machines.

		That section 5112(p)(1)(A) of title 31,
			 United States Code, is amended to read as follows:

				(A)any business operations conducted by any
				such agency, instrumentality, system, or entity that involve coins or currency
				will be fully capable of—
					(i)accepting $1 coins
				in connection with such operations; and
					(ii)other than vending machines that do not
				receive currency denominations higher than $1, dispensing $1 coins in
				connection with such operations;
				and
					.

			Speaker of the House of Representatives.

			Vice President of the United States and President of the
			 Senate.


110 HR 647 IH: To extend for 5 years the Mark-to-Market program of the

U.S. House of Representatives
2007-01-23
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
		110th CONGRESS
		1st Session
		H. R. 647
		IN THE HOUSE OF REPRESENTATIVES

			January 23, 2007
			Ms. Waters (for
			 herself, Mr. Frank of Massachusetts,
			 and Ms. Pryce of Ohio) introduced the
			 following bill; which was referred to the Committee on Financial
			 Services

		A BILL
		To extend for 5 years the Mark-to-Market program of the
		  Department of Housing and Urban Development.

		1.Short title; table of
			 contents
			(a)Short
			 TitleThis Act may be cited as the Mark-to-Market
			 Extension Act of 2007.
			(b)Table of
			 ContentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					Sec. 2. Purposes.
					Sec. 3. Definitions.
					Sec. 4. Extension of Mark-to-Market
				program.
					Sec. 5. Exception rents.
					Sec. 6. Otherwise eligible
				projects.
					Sec. 7. Disaster-damaged eligible
				projects.
					Sec. 8. Period of eligibility for
				nonprofit debt relief.
					Sec. 9. Effective date.

			2.PurposesThe purpose of this Act is to—
			(1)continue the
			 progress of the Multifamily Assisted Housing Reform and Affordability Act of
			 1997, as amended by the Mark-To-Market Extension Act of 2001;
			(2)expand eligibility
			 for Mark-to-Market restructuring so as to further the preservation of
			 affordable housing in a cost-effective manner; and
			(3)provide for the
			 preservation and rehabilitation of projects damaged by Hurricanes Katrina,
			 Rita, and Wilma, or by other natural disasters.
			3.DefinitionsSection 512 of the Multifamily Assisted
			 Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended
			 by adding at the end the following:

				(20)Disaster-damaged
				eligible project
					(A)In
				generalThe term disaster-damaged eligible project
				means an otherwise eligible multifamily housing project—
						(i)that is located in
				a county that was designated a major disaster area on or after January 1, 2005,
				by the President pursuant to title IV of the Robert T. Stafford Disaster Relief
				and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
						(ii)whose owner
				carried casualty and liability insurance covering such project in an amount
				required by the Secretary;
						(iii)that suffered
				damages not covered by such insurance that the Secretary determines is likely
				to exceed $5,000 per unit in connection with the natural disaster that was the
				subject of the designation described in subparagraph (A); and
						(iv)whose owner
				requests restructuring of the project not later than 2 years after the date
				that such damage occurred.
						(B)Rule of
				constructionA disaster-damaged eligible project shall be
				eligible for amounts under this Act without regard to the relationship between
				rent levels for the assisted units in such project and comparable rents for the
				relevant market
				area.
					.
		4.Extension of
			 Mark-to-Market programSection
			 579 of the Multifamily Assisted Housing Reform and Affordability Act of 1997
			 (42 U.S.C. 1473f note) is amended by striking October 1, 2006
			 each place that term appears and inserting October 1,
			 2011.
		5.Exception
			 rentsSection 514(g)(2) of the
			 Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C.
			 1473f note) is amended—
			(1)by inserting
			 disaster-damaged eligible projects and after waive this
			 limit; and
			(2)by striking
			 five percent and inserting 9 percent.
			6.Otherwise
			 eligible projectsSection 514
			 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42
			 U.S.C. 1473f note) is amended by adding at the end the following:

				(i)Other Eligible
				Projects
					(1)In
				generalNotwithstanding any other provision of this subtitle, a
				project that meets the requirements of subparagraphs (B) and (C) of section
				512(2) but does not meet the requirements of subparagraph (A) of section
				512(2), may be treated as an eligible multifamily housing project on an
				exception basis if the Secretary determines, subject to paragraph (2), that
				such treatment is necessary to preserve the project in the most cost-effective
				manner in relation to other alternative preservation options.
					(2)Owner
				request
						(A)Request
				requiredThe Secretary shall not treat an otherwise eligible
				project described under paragraph (1) as an eligible multifamily housing
				project unless the owner of the project requests such treatment.
						(B)No adverse
				treatment if no request madeIf the owner of a project does not
				make a request under subparagraph (A), the Secretary shall not withhold from
				such project any other available preservation option.
						(3)Cancellation
						(A)TimingAt
				any time prior to the completion of a mortgage restructuring under this
				subtitle, the owner of a project may—
							(i)withdraw any
				request made under paragraph (2)(A); and
							(ii)pursue any other
				option with respect to the renewal of such owner’s section 8 contract pursuant
				to any applicable statute or regulation.
							(B)DocumentationIf
				an owner of a project withdraws such owner’s request and pursues other renewal
				options under this paragraph, such owner shall be entitled to submit
				documentation or other information to replace the documentation or other
				information used during processing for mortgage restructuring under this
				subtitle.
						(4)LimitationThe
				Secretary may exercise the authority to treat projects as eligible multifamily
				housing projects pursuant to this subsection only to the extent that the number
				of units in such projects do not exceed 10 percent of all units for which
				mortgage restructuring pursuant to section 517 is
				completed.
					.
		7.Disaster-damaged
			 eligible projects
			(a)Market Rent
			 DeterminationsSection 514(g)(1)(B) of the Multifamily Assisted
			 Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended
			 by striking “determined, are equal” and inserting the following:
			 “determined—

					(i)with respect to a
				disaster-damaged eligible property, are equal to 100 percent of the fair market
				rents for the relevant market area (as such rents were in effect at the time of
				such disaster; and
					(ii)with respect to
				other eligible multifamily housing projects, are
				equal
					.
			(b)Owner
			 InvestmentSection 517(c) of the Multifamily Assisted Housing
			 Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by
			 adding at the end the following:

					(3)Properties
				damaged by natural disastersWith respect to a disaster-damaged
				eligible property, the owner contribution toward rehabilitation needs shall be
				determined in accordance with paragraph
				(2)(C).
					.
			8.Period of
			 eligibility for nonprofit debt reliefSection 517(a)(5) of the Multifamily
			 Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is
			 amended by adding at the end the following: “If such purchaser acquires such
			 project subsequent to the date of recordation of the affordability agreement
			 described in section 514(e)(6)—

				(1)such purchaser
				shall acquire such project on or before the later of—
					(A)5 years after the
				date of recordation of the affordability agreement; or
					(B)2 years after the
				date of enactment of the Mark-to-Market Extension Act of 2007; and
					(2)the Secretary
				shall have received, and determined acceptable, such purchaser’s application
				for modification, assignment, or forgiveness prior to the acquisition of the
				project by such
				purchaser.
				.
		9.Effective
			 dateThis Act, and the
			 amendments made by this Act, shall take effect on the earlier of—
			(1)the date of
			 enactment of this Act; or
			(2)September 30,
			 2007.


114 HR 5893 IH: No Regulation Without Representation Act of 2016
U.S. House of Representatives
2016-07-14
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.

I114th CONGRESS2d SessionH. R. 5893IN THE HOUSE OF REPRESENTATIVESJuly 14, 2016Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo regulate certain State impositions on interstate commerce.

 1.Short titleThis Act may be cited as the No Regulation Without Representation Act of 2016. 2.Minimum jurisdictional standards for State and local sales and use tax collection (a)In generalA State may—
 (1)impose an obligation on a person for— (A)the collection of a sales, use, or similar tax, or
 (B)the reporting of any information with respect thereto, on a person, (2)assess a sales, use or similar tax on a person, or
 (3)treat a person as doing business in a State for purposes of such a tax, only if such person had a physical presence in the State during the calendar quarter with respect to which the obligation or assessment is imposed.(b)Requirements for physical presence (1)In generalFor purposes of subsection (a), a person has a physical presence in a State only if such person’s business activities in the State include any of the following during the calendar year—
 (A)owns, holds a leasehold interest in, or maintains real property such as a retail store, warehouse, distribution center, manufacturing operation, or assembly facility in the State;
 (B)leases or owns tangible personal property (other than computer software) of more than de minimis value in the State;
 (C)has one or more employees, agents or independent contractors present in the State who engage in specific solicitations toward obtaining product or service orders from customers in that State, or prospective customers in that State, on behalf of the person;
 (D)has one or more employees or independent contractors present in the State who provide on-site design, installation, or repair services on behalf of the remote seller; or
 (E)maintains an office in the State at which it regularly employs three or more employees for any purpose.
 (2)De minimis physical presenceFor purposes of this section, the term physical presence shall not include— (A)entering into an agreement under which a person, for a commission or other consideration, directly or indirectly refers potential purchasers to a person outside the State, whether by an Internet-based link or platform, Internet Web site or otherwise;
 (B)any presence in a State, as described in section 2(b)(1), for less than 15 days in a taxable year (or a greater number of days if provided by State law);
 (C)delivery and product placement services offered by an interstate or in-State common carrier; and (D)Internet advertising services provided by in-State residents which are not exclusively directed towards, or do not solicit exclusively, in-State customers.
 (c)Protection of non-SellersA State may not impose a sales or use tax collection obligation, or an obligation to report any information with respect thereto, on a person or assess a sales, use or similar tax on any person other than a purchaser or a seller having a physical presence in the State.
			3.Dispute resolution
 The district courts of the United States shall have original jurisdiction over civil actions to enforce the provisions of this Act, including authority to issue declaratory judgments pursuant to section 2201 of title 28, United States Code, and, notwithstanding the provisions of section 1341 of such title, injunctive relief, as necessary to carry out this Act.
		4.Definitions and effective date
 (a)DefinitionsFor purposes of this Act: (1)Marketplace providerThe term marketplace provider includes any person, other than a seller, who facilitates a sale. For purposes of this subsection, a person facilitates a sale when the person both—
 (A)lists or advertises tangible personal property and services for sale in any forum, including a catalog or Internet Web site; and
 (B)either directly or indirectly through agreements or arrangements with third parties, collects gross receipts from the customer and transmits those receipts to the marketplace seller, whether or not such person deducts any fees from the transmission of those receipts to the marketplace seller.
 (2)Marketplace sellerThe term marketplace seller means a person that has any sales facilitated by a marketplace provider. (3)ReferrerThe term referrer shall mean every person who—
 (A)contracts or otherwise agrees with a seller to list multiple items of tangible personal property and services for sale and the sales prices thereof in any forum, including a catalog or Internet Web site;
 (B)receives a fee, commission, or other consideration from a seller for the listing; (C)transfers, via telephone, Internet link, or otherwise, a customer to the seller or the seller’s Web site to complete a purchase; and
 (D)does not collect receipts from the customer for the transaction. (4)PersonThe term person has the meaning given such term by section 1 of title 1 of the United States Code. Each corporation that is a member of a group of affiliated corporations, whether unitary or not, is itself a separate person.
 (5)SellerThe term seller does not include— (A)any marketplace provider;
 (B)any referrer; (C)any carrier, in which the seller does not have an ownership interest, providing transportation or delivery services with respect to tangible personal property; and
 (D)any credit card issuer, transaction or billing processor, or other financial intermediary. (6)Similar taxThe term similar tax means a tax that is imposed with respect to the sale or use of a product or service, regardless whether the tax is imposed on the person making the sale or the purchaser, with the right or obligation of the person making the sale to obtain reimbursement for the amount of the tax from the purchaser at the time of the transaction.
 (7)StateThe term State means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States and includes the State government or political subdivision entity responsible for tax collection and audits.
 (b)Effective dateThis Act shall apply with respect to calendar quarters beginning on or after January 1, 2017.


114 SRES 419 ATS: Congratulating the University of North Dakota men's hockey team for winning the 2016 National Collegiate Athletic Association division I men’s hockey championship.
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. 419
		IN THE SENATE OF THE UNITED STATES

			April 13, 2016
			Mr. Hoeven (for himself and Ms. Heitkamp) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Congratulating the University of North Dakota men's hockey team for winning the 2016 National
			 Collegiate Athletic Association division I men’s hockey championship.

 Whereas the University of North Dakota (referred to in this preamble as UND) men's hockey team won the 2016 National Collegiate Athletic Association (referred to in this preamble as the NCAA) division I men's hockey championship game in Tampa Bay, Florida, on April 9, 2016, in a hard-fought victory over the Quinnipiac University Bobcats of Connecticut by a score of 5 to 1;
 Whereas the UND men's hockey team had an incredible 2015–16 season, during which Coach Brad Berry became the first head coach to win an NCAA division I men's hockey national championship in an individual's first season as head coach;
 Whereas the UND men's hockey team won its eighth NCAA division I men's hockey championship and ended the 2015–16 season with a 34–6–4 record;
 Whereas Coach Brad Berry and the coaching staff have instilled character and perseverance in the UND men's hockey team players and have done an outstanding job coaching the UND men's hockey program;
 Whereas under the leadership of Interim President Ed Schafer and Athletic Director Brian Faison, academic and athletic excellence has been promoted at UND;
 Whereas thousands of UND fans attended the NCAA division I men's hockey championship game, reflecting the tremendous fan base of UND, which showcases the spirit and dedication of UND hockey fans and has helped to propel the success of the UND men's hockey team; and
 Whereas the UND men's hockey team's victory in the 2016 NCAA division I men's hockey championship was also a victory for the entire State of North Dakota: Now, therefore, be it

 That the Senate— (1)congratulates the University of North Dakota men's hockey team, the 2016 National Collegiate Athletic Association division I men's hockey champions;
 (2)commends the players, coaches, and staff of the University of North Dakota men's hockey team for their hard work and dedication; and
 (3)recognizes the students, alumni, and loyal fans for supporting the University of North Dakota men's hockey team on a successful quest to capture another National Collegiate Athletic Association division I men's hockey championship trophy for the University of North Dakota.


		I
		111th CONGRESS
		2d Session
		H. R. 5515
		IN THE HOUSE OF REPRESENTATIVES

			June 10, 2010
			Mr. Sensenbrenner
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend the Federal Power Act to establish a regional
		  transmission planning process, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Powering America for Tomorrow
			 Act.
		2.Amendment of the
			 Federal Power ActSection 216
			 of the Federal Power Act (16 U.S.C. 824p) is amended as follows:
			(1)By amending the section heading to read as
			 follows: Regional transmission plans for the interstate
			 transmission system.
			(2)By striking
			 subsection (i) and redesignating subsections (j) and (k) as subsections (k) and
			 (l), respectively.
			(3)By redesignating
			 subsections (d) through (h) as subsections (f) through (j),
			 respectively.
			(4)By striking
			 subsections (a), (b), and (c) and inserting the following:

					(a)PurposesThe
				purposes of this section are as follows:
						(1)To ensure electric
				reliability, fuel diversity, and wholesale power price stability across the
				electric transmission grid.
						(2)To reinforce,
				strengthen, and enhance electric transmission infrastructure as an integrated
				network system.
						(3)To facilitate the
				development of clean energy resources that cannot be located near an existing
				transmission facility or load center.
						(4)To assist States and electric energy
				service providers in meeting the requirements of applicable renewable portfolio
				standards.
						(5)To take maximum
				advantage of smart grid technologies to promote electric grid improvements,
				energy efficiency, and demand response.
						(6)To coordinate regional planning and local
				siting of interstate high-voltage electric transmission systems.
						(b)DefinitionsIn this section:
						(1)The term
				bulk-power system has the meaning given such term in section
				215(a)(1).
						(2)The term
				Electric Reliability Organization has the meaning given such term
				in section 215(a)(2).
						(3)The term
				designated region means a region designated under subsection
				(c)(1).
						(4)The term
				regional entity has the meaning given such term in section
				215(a)(7).
						(5)The term
				regional transmission plan means a comprehensive plan required
				under subsection (c)(3) for the development of the interstate electric
				transmission system in a designated region.
						(6)The term
				regional transmission planner means an entity approved under
				subsection (c)(2) to develop and maintain a regional transmission plan required
				under this section.
						(7)The term regional transmission
				project means an overhead or underground transmission facility,
				consisting of conductors or cables, towers, manhole duct systems, phase
				shifting transformers, reactors, capacitors, substations, and any ancillary
				facilities and equipment necessary for the proper operation of the
				facility—
							(A)that—
								(i)operates at or
				above a voltage of—
									(I)230 kilovolts
				alternating current; or
									(II)300 kilovolts
				direct current;
									(ii)is a very high
				current conductor or superconducting cable that operates at or above a power
				equivalent to the power of a conventional transmission cable operating at or
				above 230 kilovolts alternating current or 300 kilovolts direct current;
				or
								(iii)is a renewable
				feeder line; and
								(B)that is included
				in a regional transmission plan submitted to the Commission under subsection
				(c)(3).
							(8)The term
				renewable feeder line means a transmission line that—
							(A)operates at or
				above a voltage of 100 kilovolts; and
							(B)is identified in a regional transmission
				plan submitted to the Commission under subsection (c)(3) as a facility that is
				to be developed to facilitate collection of electric energy produced by
				renewable energy.
							(c)Regional
				transmission plans
						(1)Designation of
				regionsNot later than 12
				months after the date of enactment of this subsection, the Commission, in
				consultation with the Electric Reliability Organization, regional entities,
				Transmission Organizations, transmission owners, State regulatory authorities
				of the States compromising the Eastern Interconnection, and State regulatory
				authorities of the States compromising the Western Interconnection, shall
				designate one or more regions within the Eastern Interconnection and one or
				more regions within the Western Interconnection, to be represented by regional
				transmission planners approved under paragraph (2). In determining the
				appropriate size and scope of a region, the Commission shall consider the
				optimal scope needed to ensure comprehensive regional transmission planning and
				operational efficiency, the size and scope of existing Regional Transmission
				Organizations and operating bulk-power systems, and methods for interregional
				coordination agreements to ensure a sufficiently broad regional transmission
				planning process.
						(2)Regional
				transmission planners
							(A)Application and
				approvalAny person or entity, including a Regional Transmission
				Organization or other regionally based planning entity with an established
				regional transmission planning process, as determined by the Commission, may
				submit an application to the Commission for approval as the regional
				transmission planner for a designated region. Not later than 18 months after
				the designation of a region under paragraph (1), the Commission shall approve
				one such regional transmission planner for each such designated region to
				develop and maintain a regional transmission plan required under this
				section.
							(B)ConsiderationIn
				approving a regional transmission planner under subparagraph (A), the
				Commission shall consider the existing or reasonably anticipated capabilities
				of any regionally based planning entity described in such subparagraph in
				regional transmission planning.
							(C)Contents of
				applicationAn applicant
				entity shall include in an application for approval as the regional
				transmission planner for a designated region the operating procedures of such
				applicant entity and any method such applicant entity will use to adhere to the
				requirements for a regional transmission planning process described in
				paragraph (5).
							(D)ComplianceThe Commission may review the compliance of
				a regional transmission planner approved under subparagraph (A) with the
				requirements of this section and any regulations thereunder. If the Commission
				finds such a regional transmission planner has failed or is failing to comply
				with such requirements or regulations, the Commission may revoke the approval
				of such regional transmission planner for a designated region and accept
				applications for a new regional transmission planner for such region to be
				approved in accordance with this section.
							(3)Regional
				transmission plan requiredNot later than 2 years after the approval
				of a regional transmission planner under paragraph (2), and every 2 years
				thereafter, such regional transmission planner shall submit to the Commission
				an initial or updated regional transmission plan that meets the requirements of
				this section. The Commission shall ensure that each such plan is the result of
				a planning process that adhered to the requirements for a regional transmission
				planning process described in paragraph (5). The Commission shall make all
				regional transmission plans submitted available to the public.
						(4)Regional
				transmission plan designA
				regional transmission plan required under this section shall, with respect to a
				designated region—
							(A)be designed
				to—
								(i)maintain and
				enhance the economic, reliability, and energy security benefits of the regional
				electric transmission system, including remediation of electric grid
				congestion; and
								(ii)anticipate and
				facilitate development of electric energy generation from diverse energy
				resources; and
								(B)consider whether proposals to expand and
				upgrade high voltage electric transmission in the designated region and across
				the boundaries of the designated region will minimize congestion and promote
				service reliability, market integration and efficiency, economic development,
				deployment of smart grid technologies, lowest cost delivered electric energy at
				wholesale, and the goals of applicable renewable portfolio standards.
							(5)Regional
				transmission planning processThe Commission shall ensure each
				regional transmission planning process conducted by a regional transmission
				planner is consistent with the purposes of this section. The Commission shall
				ensure any such planning process—
							(A)is
				non-discriminatory, independent, and conforms with the planning standards of
				Commission Order No. 890 or any successor order;
							(B)solicits and
				considers the input of local and State policymakers, transmission facility
				owners and electric utilities, and market participants;
							(C)is sufficiently
				broad in geographic and market scope to produce economic and operational
				efficiencies;
							(D)is designed to
				meet the need for the timely construction or modification of regional
				transmission projects; and
							(E)takes into
				account—
								(i)all applicable
				laws and regulations governing the procurement of electric energy
				generation;
								(ii)the potential
				effect on the future operation of the electric transmission system or on the
				regional transmission plan of rejection or withdrawal of a proposed regional
				transmission project;
								(iii)the development
				of transmission facilities for which a completed application for authorization
				has been filed and accepted by a State regulatory authority or other applicable
				authority before the date of submission of a regional transmission plan under
				paragraph (3) but not originating from the planning process;
								(iv)the availability
				of non-transmission resources such as opportunities for energy efficiency,
				demand response, enhancements to economic dispatch, distributed generation, and
				installation of new control, metering, or capacity enhancement technologies;
				and
								(v)the development of
				the interstate electric transmission system in the designated region for the 10
				years after submission of a regional transmission plan under paragraph
				(3).
								(6)Transmitting
				utilities and Power marketing administrationsFederal power marketing administrations and
				transmitting utilities in a designated region shall integrate their
				transmission plans with the regional transmission plans required by this
				section and shall otherwise participate in a regional transmission planning
				process by a regional transmission planner in accordance with this
				section.
						(7)Commission
				activitiesIf no regional
				transmission planner for a designated region is approved under paragraph (2),
				or in the event that an approved regional transmission planner does not timely
				submit a regional transmission plan as required under paragraph (3), the
				Commission shall designate a planner or undertake the planning activities
				described in this subsection for the designated region concerned and develop
				such a plan for such designated region expeditiously, in consultation with
				State regulatory authorities, as applicable, for all affected States or areas,
				the Electric Reliability Organization, regional entities, Transmission
				Organizations, and transmission owners within the region, as
				appropriate.
						(8)Cost
				AllocationNot later than 18 months after the date of enactment
				of this paragraph, the Commission shall, by rule, require that all regional
				high voltage electric transmission cost allocation processes and methodologies
				adhere to a clear and consistent set of regulatory principles, including, as
				appropriate, that the costs of siting and the construction or modification of
				transmission facilities shall be allocated consistent with the range and
				distribution of benefits within the designated region that are provided by such
				facilities, the use of the transmission system, or with other equitable and
				economic considerations. In issuing a rule under this paragraph, the Commission
				shall consider regional cost allocation processes and methodologies being
				developed or in existence as of the date of enactment of this paragraph.
						(9)Plan
				coordinationThe Commission shall require regional transmission
				planners to coordinate planning across regional boundaries within an
				Interconnection in order to achieve the purposes of this section.
						(d)Certificate of
				public convenience and necessity
						(1)Proposed finding
				of public convenience and necessity by regional transmission planner
							(A)Inclusion of
				proposed finding in regional transmission planAs part of a
				regional transmission plan submitted to the Commission under subsection (c)(3),
				a regional transmission planner may identify a regional transmission project or
				projects that such regional transmission planner finds, based on the record of
				the regional transmission planning process, is required by, and consistent
				with, the public convenience and necessity.
							(B)Public
				convenience and necessity certificate requestA regional
				transmission planner may submit to the Commission a request to issue a
				certificate of public convenience and necessity for a regional transmission
				project identified in a regional transmission plan submitted under subsection
				(c)(3). Such request shall include a summary of the record developed for such
				project during the regional transmission planning process. The request shall be
				based on whether such regional transmission project is or will be—
								(i)necessary to
				ensure regional compliance with reliability standards or remedy violations of
				such reliability standards;
								(ii)necessary to
				provide significant relief from electric transmission congestion as measured by
				objective criteria, including consideration of the total cost of congestion,
				hours of congestion, and the lack of feasible economic alternative means to
				relieve congestion;
								(iii)important to the
				diversification of energy supply throughout the designated region, including by
				meeting the goals of applicable renewable portfolio standards; or
								(iv)important to the
				development of smart grid technology that is consistent with the policy under
				title XIII of the Energy Independence and Security Act of 2007 (15 U.S.C. 17381
				et seq.).
								(2)Issuance of
				certificate of public convenience and necessityThe Commission may, after notice and
				opportunity for hearing, find that a regional transmission project is in the
				public convenience and necessity and issue a certificate of public convenience
				and necessity for the ownership and operation of such regional transmission
				project and the provision of any related services under the jurisdiction of the
				Commission if the Commission finds that—
							(A)a regional
				transmission planner included a proposed finding of public convenience and
				necessity for such proposed regional transmission project in one or more
				relevant regional transmission plans submitted to the Commission under
				subsection (c)(3);
							(B)a regional
				transmission planner submitted a request for the issuance of such a
				certificate;
							(C)the proposed
				regional transmission project will be used for the transmission of electric
				energy in interstate commerce;
							(D)the proposed
				regional transmission project is consistent with the public interest in terms
				of its engineering, reliability, and other economic characteristics and the
				purposes of this section; and
							(E)the proposed
				regional transmission project will maximize, to the extent reasonable and
				economical, existing rights-of-way and the transmission capabilities of
				existing towers and structures.
							(3)ConsiderationsIn issuing a certificate of public
				convenience and necessity under this subsection, the Commission shall give
				substantial deference to any proposed finding of public convenience and
				necessity by a regional transmission planner in a regional transmission plan
				submitted under subsection (c)(3).
						(4)Multiple
				projectsThe Commission may treat multiple proposed regional
				transmission projects in any regional transmission plan as separate for
				purposes of determining whether a certificate of public convenience and
				necessity should be issued under this subsection.
						(5)Certificate
				applicationsThe Commission shall issue rules specifying—
							(A)the form of the
				application for a certificate of public convenience and necessity under this
				subsection; and
							(B)the information to
				be contained in such application.
							(6)Environmental
				review
							(A)Proposed finding
				by regional transmission plannerA proposed finding by a regional
				transmission planner of public convenience and necessity regarding a regional
				transmission project is excluded from review under the National Environmental
				Policy Act of 1969 (42 U.S.C. 4321 et seq.), provided an environmental
				assessment or environmental impact statement is required to be prepared by the
				Commission under such Act.
							(B)Consideration by
				CommissionThe Commission may consider, wholly or in part, any
				draft environmental analysis conducted by a regional transmission planner or
				relevant transmission provider and issued by the regional transmission
				planner.
							(e)Siting
				authority
						(1)Exclusive State
				Siting AuthorityA State
				shall retain exclusive authority over the siting of any transmission facility
				that is not a part of a regional transmission project for which a certificate
				of public convenience and necessity has been issued under subsection
				(d)(2).
						(2)Federal siting
				authorityThe Commission may,
				after notice and an opportunity for hearing, issue one or more permits for the
				construction or modification of electric transmission facilities if the
				Commission finds that—
							(A)the transmission
				facility was identified as part or all of a regional transmission project for
				which a certificate of public convenience and necessity has been issued under
				subsection (d)(2); and
							(B)the—
								(i)State in which the
				transmission facility is to be sited does not have authority to—
									(I)approve the siting
				of the facility; or
									(II)consider the
				interstate benefits expected to be achieved by the proposed siting of the
				transmission facility in the State;
									(ii)applicant for a
				permit is a transmitting utility but does not qualify to apply for a permit for
				the proposed transmission facility in a State because the applicant does not
				serve end-use customers in the State; or
								(iii)State commission
				or other entity that has authority to approve the siting of the transmission
				facility—
									(I)did not issue a
				decision on an application seeking approval for the siting of the facility
				within 1 year after the date the applicant submitted a completed application to
				the State commission or other authority;
									(II)denied a complete
				application seeking approval for the siting of the transmission facility;
				or
									(III)authorized the
				siting of the facility subject to conditions that unreasonably interfere with
				the siting of the transmission
				facility.
									.
			(5)In subsection (f),
			 as redesignated by paragraph (3), by striking subsection (b) and
			 inserting subsection (e).
			(6)In subsection (g),
			 as resdesignated by paragraph (3), by striking subsection (b)
			 and inserting subsection (e).
			(7)In subsection (h),
			 as redesignated by paragraph (3), by striking subsection (e) and
			 inserting subsection (g).
			(8)In subsection (k)(2), as redesignated by
			 paragraph (2), by striking Subsection (h)(6) and inserting
			 Subsection (j)(6).
			(9)By amending
			 subsection (l), as redesignated by paragraph (2), to read as follows:

					(l)ApplicabilityThis
				section applies only to States located in the Western Interconnection and
				States located in the Eastern Interconnection and does not apply to the States
				of Alaska or Hawaii, or to areas under the authority of the Electric
				Reliability Council of
				Texas.
					.


		I
		112th CONGRESS
		1st Session
		H. R. 447
		IN THE HOUSE OF REPRESENTATIVES

			January 26, 2011
			Ms. Hirono introduced
			 the following bill; which was referred to the
			 Committee on Small
			 Business, and in addition to the Committee on
			 Science, Space, and
			 Technology, 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 amend the Small Business Act to improve the Small
		  Business Innovation Research Program, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Small Business Innovation Research Enhancement Act of
			 2011 or the SBIR Enhancement Act of
			 2011.
		2.Required
			 expenditure amounts
			(a)In
			 generalSection 9(f)(1)(C) of
			 the Small Business Act (15 U.S.C. 638(f)(1)(C)) is amended by striking
			 2.5 percent and inserting 5 percent.
			(b)ApplicationThe
			 amendment made by subsection (a) shall apply to the first full fiscal year
			 beginning after the date of enactment of this Act and to each fiscal year
			 thereafter.
			3.Further
			 additional modifications to policy directivesSection 9(j) of the Small Business Act (15
			 U.S.C. 638(j)) is amended by adding at the end the following:

				(4)Further
				additional modificationsNot
				later than 90 days after the date of enactment of this paragraph, and
				notwithstanding paragraph (2)(D), the Administrator shall modify the policy
				directives issued pursuant to this subsection to provide for an increase to
				$200,000 in the amount of funds which an agency may award in the first phase of
				an SBIR program, and to $1,500,000 in the second phase of an SBIR program, and
				an adjustment of such amounts once every 5 years to reflect economic
				adjustments and programmatic
				considerations.
				.