110 HR 4882 IH: Broadcast Licensing in the Public

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

		I
		110th CONGRESS
		1st Session
		H. R. 4882
		IN THE HOUSE OF REPRESENTATIVES

			December 19, 2007
			Ms. Eshoo (for
			 herself and Ms. Baldwin) introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To ensure broadcast station licenses are utilized to
		  serve the public interest.

		1.Short titleThis Act may be cited as the
			 Broadcast Licensing in the Public
			 Interest Act.
		2.FindingsThe Congress finds the following:
			(1)The broadcast airwaves are an extremely
			 vital and valuable public resource. If television and radio broadcast spectrum
			 were to be auctioned for commercial use it could generate several hundred
			 billion dollars for the public treasury.
			(2)The Communications Act of 1934 requires the
			 Federal Communications Commission and broadcast licensees to promote the public
			 interest. As public trustees, over-the-air television and radio broadcast
			 licensees have been granted the unique privilege of using a scarce public
			 asset—the airwaves—for free in exchange for their promise to serve the public
			 interest, convenience and necessity.
			(3)In 1969, the Supreme Court declared in Red
			 Lion Broadcasting Co. v. Federal Communications Commission that it is
			 the purpose of the First Amendment to preserve an uninhibited marketplace of
			 ideas in which truth will ultimately prevail, rather than to countenance
			 monopolization of the market, and thus, it is the right of the
			 viewers and listeners, not the right of the broadcasters, which is
			 paramount.
			(4)Drastic media consolidation over the past
			 decade has greatly diminished the broadcast licensees’ performance of public
			 interest obligations and broadcast media’s ability to foster diversity,
			 competition, and localism.
			(5)An October 2003 analysis of seven media
			 markets shows that just 0.4 percent of television programming is devoted to
			 local public affairs. By contrast, 14.4 percent is paid programming such as
			 infomercials, 9.9 percent is reality or game shows and 7.9 percent is sporting
			 events. In addition, most of the local public affairs programming airs on
			 weekend mornings, at times with lower television viewership.
			(6)Independently produced programming now
			 accounts for less than one-fifth of television prime time programming. On the
			 four major networks, independent programming accounts for about
			 one-seventh.
			(7)A survey of evening television news
			 broadcasts of 44 local affiliates of broadcasters in 11 markets prior to the
			 2004 election showed that only eight percent of such broadcasts contained a
			 story about local elections. By contrast, 8 times more coverage went to stories
			 about accidental injuries, and 12 times more coverage to sports and weather. In
			 2006, news about politics and government accounted for about 10 percent of
			 stories on local television news while crime and traffic comprised nearly 50
			 percent of the coverage.
			3.Basis for public
			 interest determinationsSection 309(k) of the Communications Act of
			 1934 (47 U.S.C. 309(k)) is amended by adding at the end the following new
			 paragraph:

				(5)Basis for
				finding station has served the public interest, convenience, and
				necessity
					(A)Demonstration
				requiredThe Commission shall
				not find for purposes of paragraph (1)(A) that a station, through its
				programming, has served the public interest, convenience, and necessity unless
				the applicant has fulfilled these obligations by demonstrating—
						(i)a
				dedication to the civic affairs of its community;
						(ii)a
				dedication to local news gathering;
						(iii)local production
				of programming;
						(iv)a
				commitment to providing the viewing public a presentation of the issues,
				candidates, and ballot items that are before voters during a local, statewide
				or national election, including coverage of candidate debates and forums,
				political conventions, and ongoing news coverage; and
						(v)presentation of
				quality educational programming for children.
						(B)RegulationsThe
				Commission shall prescribe regulations to implement
				subparagraph (A) that—
						(i)require each
				licensee for a station to submit to the Commission an annual report identifying
				with particularity the methods and actions taken to fulfill the obligations
				identified in
				subparagraph (A);
						(ii)require each such
				licensee to ascertain its compliance with such obligations with appropriate
				public input from the community of license for such station; and
						(iii)contain such
				exemptions from one or more of such obligations for particular classes or
				categories of such licensees if the Commission determines that such obligation
				is inappropriate for such class or
				category.
						.
		4.Terms of
			 licenses
			(a)AmendmentSection 307(c)(1) of the Communications Act
			 of 1934 (47 U.S.C. 307(c)(1)) is amended by striking 8 years
			 each place it appears and inserting 3 years.
			(b)Effective
			 DateThe amendment made by subsection (a) shall be effective with
			 respect to any license granted by the Federal Communications Commission after
			 the date of enactment of this Act.


		II
		112th CONGRESS
		1st Session
		S. 580
		IN THE SENATE OF THE UNITED STATES

			March 15, 2011
			Ms. Klobuchar (for
			 herself, Mr. Lugar, and
			 Mr. Nelson of Nebraska) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To amend the Environmental Research, Development, and
		  Demonstration Authorization Act of 1978 to require the appointment of a member
		  of the Science Advisory Board based on the recommendation of the Secretary of
		  Agriculture.

		1.Short titleThis Act may be cited as the
			 Representation for Farmers
			 Act.
		2.Science Advisory
			 BoardSection 8(b) of the
			 Environmental Research, Development, and Demonstration Authorization Act of
			 1978 (42 U.S.C. 4365(b)) is amended in the first sentence by inserting
			 and not more than 3 of whom shall be appointed based on the
			 recommendation of the Secretary of Agriculture, after
			 Chairman,.


		II
		112th CONGRESS
		2d Session
		S. 3274
		IN THE SENATE OF THE UNITED STATES

			June 7, 2012
			Mr. Kerry (for himself,
			 Mr. Corker, Mr.
			 Brown of Ohio, Mr. Chambliss,
			 Mr. Sessions, and
			 Mr. Brown of Massachusetts) introduced
			 the following bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To direct the Secretary of Commerce, in coordination with
		  the heads of other relevant Federal departments and agencies, to produce a
		  report on enhancing the competitiveness of the United States in attracting
		  foreign direct investment, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Global Investment in American Jobs Act
			 of 2012.
		2.FindingsCongress finds the following:
			(1)It remains an urgent national priority to
			 restore economic growth and create new jobs.
			(2)National security
			 requires economic strength and global engagement.
			(3)Businesses today
			 have a wide array of choices when considering where to invest, expand, or
			 establish new operations.
			(4)United States
			 administrations of both parties have consistently reaffirmed the need to
			 maintain an open investment climate as a key to domestic economic prosperity
			 and security.
			(5)The United States
			 has historically been the largest worldwide recipient of global investment but
			 has seen its share of global investment stock decline significantly in recent
			 years.
			(6)Governors and mayors throughout the United
			 States face increasing competition from other countries as they work to recruit
			 investment from global companies.
			(7)Foreign direct investment benefits the
			 economy and workforce of every State and Commonwealth in the United
			 States.
			(8)According to the
			 latest United States Government statistics, the United States subsidiaries of
			 companies headquartered abroad contribute to the United States economy in a
			 variety of important ways, including by—
				(A)providing jobs for
			 5,300,000 Americans with average compensation that is approximately 33 percent
			 higher than the national private-sector average, as these jobs are often in
			 high-skilled, high-paying industries;
				(B)strengthening the
			 United States industrial base and employing nearly 17 percent of the United
			 States manufacturing sector workforce;
				(C)establishing
			 operations in the United States from which to sell goods and services around
			 the world, thereby producing nearly 21 percent of United States exports;
				(D)promoting
			 innovation with more than $40,000,000,000 in annual United States research and
			 development activities;
				(E)paying nearly 17
			 percent of United States corporate income taxes; and
				(F)purchasing more
			 than $1,800,000,000,000 in domestic goods and services annually from local
			 suppliers and small businesses, amounting to 80 cents for every dollar spent on
			 input purchases.
				(9)These companies
			 account for 5.3 percent of United States private sector Gross Domestic
			 Product.
			(10)The Secretary of
			 Commerce and the Secretary of State have both recently declared increasing
			 inward global investment to be among their top priorities.
			(11)The President
			 issued a statement in 2011 reaffirming the longstanding open investment policy
			 of the United States and encouraged all countries to pursue such a
			 policy.
			(12)The President signed an Executive order in
			 2011 to establish the SelectUSA initiative, aimed at promoting greater levels
			 of business investment in the United States.
			(13)The President’s Council on Jobs and
			 Competitiveness in 2011 recommended the establishment of a National Investment
			 Initiative to attract $1,000,000,000,000 in new business investment from
			 abroad.
			(14)The United States
			 and the European Union recently unveiled a set of principles aimed at promoting
			 a more open climate for international investment and intended as a model for
			 countries around the world.
			(15)Maintaining the
			 United States commitment to open investment policy encourages other countries
			 to do the same and enables the United States to open new markets abroad for
			 United States companies and their products.
			3.Sense of
			 CongressIt is the sense of
			 Congress that—
			(1)the ability of the United States to attract
			 inbound investment is directly linked to the long-term economic prosperity,
			 competitiveness, and security of the United States;
			(2)in order to remain
			 the most attractive location for global investment, Congress and Federal
			 departments and agencies should consider potential impact upon the ability of
			 the United States to attract foreign direct investment when evaluating proposed
			 legislation or regulatory policy; and
			(3)it is a top
			 national priority to enhance the competitiveness, prosperity, and security of
			 the United States by—
				(A)removing
			 unnecessary barriers to inward global investment and the jobs that it creates
			 throughout the United States; and
				(B)promoting policies
			 to ensure the United States remains the premier destination for global
			 companies to invest, hire, innovate, and manufacture their products.
				4.Amendment to
			 Foreign Direct Investment and International Financial Data Improvements Act of
			 1990Section 3 of the Foreign
			 Direct Investment and International Financial Data Improvements Act of 1990 (22
			 U.S.C. 3142) is amended by adding at the end the following:

				(d)Review of United
				States laws and policies on foreign direct investment in the United
				States
					(1)ReviewThe Secretary of Commerce, in coordination
				with the heads of other relevant Federal departments and agencies, shall
				conduct an interagency review of United States laws and policies on foreign
				direct investment in the United States and develop recommendations to make the
				United States more competitive in attracting and retaining strong investment
				flows from abroad.
					(2)Additional
				matters to be includedThe
				review conducted pursuant to paragraph (1) shall include the following:
						(A)A review of the
				current economic impact of foreign direct investment in the United States and
				broader trends in global cross-border investment flows, including an assessment
				of the current United States competitive position as an investment location for
				companies headquartered abroad.
						(B)A review of United
				States laws and policies that uniquely apply to foreign direct investment in
				the United States, with particular focus on those laws and policies that may
				have the effect of diminishing the ability of the United States to attract and
				retain foreign direct investment.
						(C)A review of
				ongoing efforts of the Federal Government to reduce investment barriers and
				facilitate greater levels of foreign direct investment in the United
				States.
						(D)Recommendations
				based on an assessment of United States laws and policies, including a
				comparative analysis of efforts of other competing countries, to make the
				United States more competitive in attracting global investment.
						(3)Comment
				periodThe review conducted under paragraph (1) shall include an
				open comment period to solicit input from experts and industry stakeholders on
				matters covered by the review.
					(4)Inclusion in
				reportThe Secretary of
				Commerce shall include the results of the review conducted pursuant to
				paragraph (1) in the first report prepared under subsection (a) of this section
				on or after the date of the enactment of the Global Investment in American Jobs Act of
				2012.
					.


		I
		112th CONGRESS
		1st Session
		H. R. 3076
		IN THE HOUSE OF REPRESENTATIVES

			October 3, 2011
			Mr. McDermott (for
			 himself, Mr. Paulsen,
			 Mr. Ellison, and
			 Mr. Tiberi) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

		A BILL
		To amend the Internal Revenue Code to qualify formerly
		  homeless youth who are students for purposes of the low income housing tax
		  credit.

		1.Formerly homeless youth who
			 are students qualified for purposes of low income housing tax credit
			(a)In
			 generalClause (i) of section
			 42(i)(3)(D) of the Internal Revenue Code of 1986 is amended by redesignating
			 subclauses (II) and (III) as subclauses (III) and (IV), respectively, and by
			 inserting after subclause (I) the following new subclause:

					(II)a student who previously was a homeless
				child or youth (as defined by section 725 of the McKinney-Vento Homeless
				Assistance
				Act),
					.
			(b)Effective
			 dateThe amendments made by subsection (a) shall apply to
			 determinations made before, on, or after the date of the enactment of this
			 Act.


		I
		111th CONGRESS
		1st Session
		H. R. 2145
		IN THE HOUSE OF REPRESENTATIVES

			April 28, 2009
			Mr. Frank of
			 Massachusetts introduced the following bill; which was referred to
			 the Committee on Ways and
			 Means

		A BILL
		To amend title II of the Social Security Act to restrict
		  the application of the windfall elimination provision to individuals whose
		  combined monthly income from benefits under such title and other monthly
		  periodic payments exceeds a minimum COLA-adjusted amount of $2,500 and to
		  provide for a graduated implementation of such provision on amounts above such
		  minimum amount.

		1.Short titleThis Act may be cited as the
			 Windfall Elimination Provision Relief
			 Act of 2009.
		2.Windfall
			 elimination provision restricted to total monthly amounts in excess of
			 COLA-adjusted amount of $2,500Section 215(a)(7) of the
			 Social Security Act (42 U.S.C.
			 415(a)(7)) is amended—
			(1)in subparagraph
			 (A), by inserting after service’), the following: if the
			 sum of the individual’s primary insurance amount under paragraph (1) of this
			 subsection and the portion of the monthly periodic payment which is
			 attributable to noncovered service performed after 1956 (with such attribution
			 being based on the proportionate number of years of such noncovered service) is
			 greater than 1/12 of the amount established for purposes
			 of subparagraph (B)(iii)(I) under subparagraph (B)(iv), then;
			(2)in the second
			 sentence of subparagraph (B)(i), by striking (with such attribution
			 being based on the proportionate number of years of such noncovered
			 service) and inserting (as determined under subparagraph
			 (A));
			(3)in the last
			 sentence of subparagraph (B)(i), by striking the larger of and
			 all that follows through subsection (i)) and inserting the
			 following: the primary insurance amount determined under paragraph (1),
			 reduced (before the application of subsection (i)) by the applicable percentage
			 determined under clause (iii) of the excess of such amount over the larger of
			 the two amounts computed under the preceding two sentences,; and
			(4)by adding at the
			 end of subparagraph (B) the following new clauses:

					(iii)For purposes of clause (i), the
				applicable percentage in connection with any individual is the product (not
				greater than 100 percent) derived by multiplying 2.5 percentage points by the
				quotient determined under this clause. The quotient determined under this
				clause is the quotient derived by dividing—
						(I)the excess of the sum referred to in
				subparagraph (A) over 1/12 of the amount established for
				purposes of this subclause under clause (iv), by
						(II)1/480 of the
				excess of the dollar amount established for purposes of this subclause under
				clause (iv) over the dollar amount established for purposes of subclause (I)
				under clause (iv),
						rounded to
				the next higher multiple of 1 where such amount is a multiple of 0.5 and to the
				nearest multiple of 1 in any other case.(iv)For individuals whose concurrent
				entitlement described in subparagraph (A) commences in calendar year 2009, the
				dollar amounts established for purposes of subclauses (I) and (II) of clause
				(iii) shall be $30,000 and $40,000, respectively. For individuals whose
				concurrent entitlement described in subparagraph (A) commences in any calendar
				year after 2009, each of the amounts so established shall equal the product
				derived by multiplying the corresponding amount established with respect to
				calendar year 2009 by the quotient obtained by dividing—
						(I)the national average wage index (as
				defined in section 209(k)(1)) for the first of the 2 calendar years preceding
				the calendar year for which the determination is made, by
						(II)the national average wage index (as
				so defined) for 2007.
						Each amount
				established by this clause for any calendar year shall be rounded to the
				nearest multiple of $1, except that any amount so established which is a
				multiple of $0.50 but not of $1 shall be rounded to the next higher multiple of
				$1..
			3.Effective
			 dateThe amendments made by
			 section 2 shall apply with respect to benefits for months after the date of the
			 enactment of this Act. Notwithstanding section 215(f)(1) of the
			 Social Security Act, the Commissioner
			 of Social Security shall recompute primary insurance amounts to the extent
			 necessary to carry out the amendments made by section 2.


109 HR 19 IH: To require employers to conduct employment eligibility verification.
U.S. House of Representatives
2005-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 19
IN THE HOUSE OF REPRESENTATIVES

January 4, 2005
Mr. Calvert (for himself, Mr. Hunter, Mr. Gallegly, Mr. Sensenbrenner, Mrs. Blackburn, Mr. Issa, Mrs. Bono, Mr. Gary G. Miller of California, Mr. Cunningham, Mr. Rohrabacher, Mr. Dreier, and Mr. Royce) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, 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 require employers to conduct employment eligibility verification.

1.Requirement for employers to conduct employment eligibility verification
(a)Renaming of basic pilot programThe basic pilot program established under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note) is hereby renamed as the Employment Eligibility Verification System (and is referred to in this section as such).
(b)Extension of scope of programThe Secretary of Homeland Security shall provide for the implementation of the Employment Eligibility Verification System throughout the United States on a timely basis, consistent with the implementation of subsection (c) and such System shall continue in operation permanently and shall not terminate.
(c)Requirement for use of employment eligibility verification
(1)In generalSubject to paragraph (3), any person or other entity that hires any individual for employment in the United States shall participate in the Employment Eligibility Verification System.
(2)Sanctions for noncompliance; continuation of current compliance authorityThe provisions of paragraph (2) of section 402(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note) shall apply with respect to a person or entity required to participate in the Employment Eligibility Verification System in the same manner as such paragraph applies to a person or entity required to participate under such subsection.
(3)Phasing-in of requirementSubject to paragraph (2), the requirement of paragraph (1) shall only apply to persons and other entities as follows:
(A)As of the date that is 1 year after the date of the enactment of this Act, such requirement shall apply only to a person or other entity that employs more than 10,000 individuals in the United States.
(B)As of the date that is 2 years after the date of the enactment of this Act, such requirement shall apply only to a person or other entity that employs more than 5,000 individuals in the United States.
(C)As of the date that is 3 years after the date of the enactment of this Act, such requirement shall apply only to a person or other entity that employs more than 1,000 individuals in the United States.
(D)As of the date that is 4 years after the date of the enactment of this Act, such requirement shall apply only to a person or other entity that employs more than 500 individuals in the United States.
(E)As of the date that is 5 years after the date of the enactment of this Act, such requirement shall apply only to a person or other entity that employs more than 250 individuals in the United States.
(F)As of the date that is 6 years after the date of the enactment of this Act, such requirement shall apply only to a person or other entity that employs more than 100 individuals in the United States.
(G)As of the date that is 7 years after the date of the enactment of this Act, such requirement shall apply to any person or other entity that employs 1 or more individuals in the United States.
(4)Voluntary participation of employers not subject to requirementNothing in this subsection shall be construed as preventing a person or other entity that is not subject to the requirement of paragraph (1) pursuant to paragraph (2) or (3) from voluntarily participating in the Employment Eligibility Verification System.
(d)Authorization of appropriationsThere are authorized to be appropriated such sums as may be required to carry out the Employment Eligibility Verification System throughout the United States


		I
		112th CONGRESS
		2d Session
		H. R. 6562
		IN THE HOUSE OF REPRESENTATIVES

			September 25, 2012
			Mr. Crowley
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means, and in addition to the Committee on
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend title XVIII of the Social Security Act to
		  provide for the distribution of additional residency positions, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Resident Physician Shortage Reduction
			 Act of 2012.
		2.Distribution of
			 additional residency positions
			(a)In
			 generalSection 1886(h) of the Social Security Act (42 U.S.C.
			 1395ww(h)) is amended—
				(1)in paragraph
			 (4)(F)(i), by striking paragraphs (7) and (8) and inserting
			 paragraphs (7), (8), and (9);
				(2)in paragraph
			 (4)(H)(i), by striking paragraphs (7) and (8) and inserting
			 paragraphs (7), (8), and (9);
				(3)in paragraph
			 (7)(E), by inserting paragraph (9), after paragraph
			 (8),; and
				(4)by adding at the
			 end the following new paragraph:

						(9)Distribution of
				additional residency positions
							(A)Additional
				residency positions
								(i)In
				generalFor each of fiscal years 2013 through 2017 (and
				succeeding fiscal years if the Secretary determines that there are additional
				residency positions available to distribute under clause (iv)(II)), the
				Secretary shall, subject to clause (ii) and subparagraph (D), increase the
				otherwise applicable resident limit for each qualifying hospital that submits a
				timely application under this subparagraph by such number as the Secretary may
				approve for portions of cost reporting periods occurring on or after July 1 of
				the fiscal year of the increase.
								(ii)Number
				available for distributionFor each such fiscal year, the
				Secretary shall determine the total number of additional residency positions
				available for distribution under clause (i) in accordance with the
				following:
									(I)Allocation to
				hospitals already operating over resident limitOne-third of such
				number shall be available for distribution only to hospitals described in
				subparagraph (B).
									(II)Aggregate
				limitationExcept as provided in clause (iv)(I), the aggregate
				number of increases in the otherwise applicable resident limit under this
				subparagraph shall be equal to 3,000 in each such year.
									(iii)Process for
				distributing positions
									(I)Rounds of
				applicationsThe Secretary shall initiate 5 separate rounds of
				applications for an increase under clause (i), 1 round with respect to each of
				fiscal years 2013 through 2017.
									(II)Number
				availableIn each of such rounds, the aggregate number of
				positions available for distribution in the fiscal year under clause (ii) shall
				be distributed, plus any additional positions available under clause
				(iv).
									(III)TimingThe
				Secretary shall notify hospitals of the number of positions distributed to the
				hospital under this paragraph as a result of an increase in the otherwise
				applicable resident limit by January 1 of the fiscal year of the increase. Such
				increase shall be effective for portions of cost reporting periods beginning on
				or after July 1 of that fiscal year.
									(iv)Positions not
				distributed during the fiscal year
									(I)In
				generalIf the number of resident full-time equivalent positions
				distributed under this paragraph in a fiscal year is less than the aggregate
				number of positions available for distribution in the fiscal year (as described
				in clause (ii), including after application of this subclause), the difference
				between such number distributed and such number available for distribution
				shall be added to the aggregate number of positions available for distribution
				in the following fiscal year.
									(II)Exception if
				positions not distributed by end of fiscal year 2017If the
				aggregate number of positions distributed under this paragraph during the
				5-year period of fiscal years 2013 through 2017 is less than 15,000, the
				Secretary shall, in accordance with the provisions of clause (ii) and
				subparagraph (D) and the considerations and priority described in subparagraph
				(C), conduct an application and distribution process in each subsequent fiscal
				year until such time as the aggregate amount of positions distributed under
				this paragraph is equal to 15,000.
									(B)Allocation of
				distribution for positions to hospitals already operating over resident
				limit
								(i)In
				generalSubject to clauses (ii) and (iii), in the case of a
				hospital in which the reference resident level of the hospital (as specified in
				subparagraph (G)(iii)) is greater than the otherwise applicable resident limit,
				the increase in the otherwise applicable resident limit under subparagraph (A)
				for a fiscal year described in such subparagraph shall be an amount equal to
				the product of the total number of additional residency positions available for
				distribution under subparagraph (A)(ii)(I) for such fiscal year and the
				quotient of—
									(I)the number of
				resident positions by which the reference resident level of the hospital
				exceeds the otherwise applicable resident limit for the hospital; and
									(II)the number of
				resident positions by which the reference resident level of all such hospitals
				with respect to which an application is approved under this paragraph exceeds
				the otherwise applicable resident limit for such hospitals.
									(ii)RequirementsA
				hospital described in clause (i)—
									(I)is not eligible
				for an increase in the otherwise applicable resident limit under this
				subparagraph unless the amount by which the reference resident level of the
				hospital exceeds the otherwise applicable resident limit is not less than 10
				and the hospital trains at least 25 percent of the full-time equivalent
				residents of the hospital in primary care and general surgery (as of the date
				of enactment of this paragraph); and
									(II)shall continue to
				train at least 25 percent of the full-time equivalent residents of the hospital
				in primary care and general surgery for the 5-year period beginning on such
				date.
									In the case
				where the Secretary determines that a hospital described in clause (i) no
				longer meets the requirement of subclause (II), the Secretary may reduce the
				otherwise applicable resident limit of the hospital by the amount by which such
				limit was increased under this subparagraph.(iii)Clarification
				regarding eligibility for other additional residency
				positionsNothing in this subparagraph shall be construed as
				preventing a hospital described in clause (i) from applying for and receiving
				additional residency positions under this paragraph that are not reserved for
				distribution under this subparagraph.
								(C)Distribution of
				other positionsFor purposes of determining an increase in the
				otherwise applicable resident limit under subparagraph (A) (other than such an
				increase described in subparagraph (B)), the following shall apply:
								(i)Considerations
				in distributionIn determining for which hospitals such an
				increase is provided under subparagraph (A), the Secretary shall take into
				account the demonstrated likelihood of the hospital filling the positions made
				available under this paragraph within the first 5 cost reporting periods
				beginning after the date the increase would be effective, as determined by the
				Secretary.
								(ii)Priority for
				certain hospitalsSubject to clause (iii), in determining for
				which hospitals such an increase is provided, the Secretary shall distribute
				the increase in the following priority order:
									(I)First, to
				hospitals in States with (aa) new medical schools that received
				Candidate School status from the Liaison Committee on Medical
				Education or that received Pre-Accreditation status from the
				American Osteopathic Association Commission on Osteopathic College
				Accreditation on or after January 1, 2000, and that have achieved or continue
				to progress toward Full Accreditation status (as such term is
				defined by the Liaison Committee on Medical Education) or toward
				Accreditation status (as such term is defined by the American
				Osteopathic Association Commission on Osteopathic College Accreditation), or
				(bb) additional locations and branch campuses established on or after January
				1, 2000, by medical schools with Full Accreditation status (as
				such term is defined by the Liaison Committee on Medical Education) or
				Accreditation status (as such term is defined by the American
				Osteopathic Association Commission on Osteopathic College
				Accreditation).
									(II)Second, to
				hospitals that emphasize training in community health center or community-based
				settings or in hospital outpatient departments.
									(III)Third, to
				hospitals that are eligible for incentive payments under section 1886(n) or
				1903(t) as of the date the hospital submits an application for such increase
				under subparagraph (A).
									(IV)Fourth, to all
				other hospitals.
									(iii)Distribution
				to hospitals in higher priority group prior to distribution in lower priority
				groupsThe Secretary may only distribute such an increase to a
				lower priority group under clause (ii) if all qualifying hospitals in the
				higher priority group or groups have received the maximum number of increases
				under such subparagraph that the hospital is eligible for under this paragraph
				for the fiscal year.
								(iv)Requirements
				for use of additional positions
									(I)In
				generalSubject to subclause (II), a hospital that receives such
				an increase shall ensure, during the 5-year period beginning on the effective
				date of such increase, that—
										(aa)not
				less than 50 percent of the positions attributable to such increase that are
				used in a given year during such 5-year period are used to train full-time
				equivalent residents in a shortage specialty residency program (as defined in
				subparagraph (G)(v)), as determined by the Secretary at the end of such 5-year
				period;
										(bb)the
				total number of full-time equivalent residents, excluding any additional
				positions attributable to such increase, is not less than the average number of
				full-time equivalent residents during the 3 most recent cost reporting periods
				ending on or before the effective date of such increase; and
										(cc)the
				ratio of full-time equivalent residents in a shortage specialty residency
				program (as so defined) is not less than the average ratio of full-time
				equivalent residents in such a program during the 3 most recent cost reporting
				periods ending on or before the effective date of such increase.
										(II)Redistribution
				of positions if hospital no longer meets certain
				requirementsWith respect to each fiscal year described in
				subparagraph (A), the Secretary shall determine whether or not a hospital
				described in subclause (I) meets the requirements of such subclause. In the
				case that the Secretary determines that such a hospital does not meet such
				requirements, the Secretary shall—
										(aa)reduce the
				otherwise applicable resident limit of the hospital by the amount by which such
				limit was increased under this paragraph; and
										(bb)provide for the
				distribution of positions attributable to such reduction in accordance with the
				requirements of this paragraph.
										(D)LimitationA
				hospital may not receive more than 75 full-time equivalent additional residency
				positions under this paragraph for any fiscal year.
							(E)Application of
				per resident amounts for primary care and nonprimary careWith
				respect to additional residency positions in a hospital attributable to the
				increase provided under this paragraph, the approved FTE per resident amounts
				are deemed to be equal to the hospital per resident amounts for primary care
				and nonprimary care computed under paragraph (2)(D) for that hospital.
							(F)Permitting
				facilities to apply aggregation rulesThe Secretary shall permit
				hospitals receiving additional residency positions attributable to the increase
				provided under this paragraph to, beginning in the fifth year after the
				effective date of such increase, apply such positions to the limitation amount
				under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H)
				among members of the same affiliated group.
							(G)DefinitionsIn
				this paragraph:
								(i)Otherwise
				applicable resident limitThe term otherwise applicable
				resident limit means, with respect to a hospital, the limit otherwise
				applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident
				level for the hospital determined without regard to this paragraph but taking
				into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B).
								(ii)Reference
				resident levelExcept as otherwise provided in subclause (II),
				the term reference resident level means, with respect to a
				hospital, the resident level for the most recent cost reporting period of the
				hospital ending on or before the date of enactment of this paragraph, for which
				a cost report has been settled (or, if not, submitted (subject to audit)), as
				determined by the Secretary.
								(iii)Resident
				levelThe term resident level has the meaning given
				such term in paragraph (7)(C)(i).
								(iv)Shortage
				specialty residency programThe term shortage specialty
				residency program means the following:
									(I)Prior to report
				on shortage specialtiesPrior to the date on which the report of
				the National Health Care Workforce Commission is submitted under section 3 of
				the Resident Physician Shortage Reduction Act of 2012, any approved residency
				training program in a specialty identified in the report entitled The
				Physician Workforce: Projections and Research into Current Issues Affecting
				Supply and Demand, issued in December 2008 by the Health Resources and
				Services Administration, as a specialty whose baseline physician requirements
				projections exceed the projected supply of total active physicians for the
				period of 2005 through 2020.
									(II)After report on
				shortage specialitiesOn or after the date on which the report of
				the National Health Care Workforce Commission is submitted under such section,
				any approved residency training program in a physician specialty identified in
				such report as a specialty for which there is a
				shortage.
									.
				(b)IMESection
			 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is
			 amended—
				(1)in clause (v), in
			 the second sentence, by striking subsections (h)(7) and (h)(8)
			 and inserting subsections (h)(7), (h)(8), and (h)(9);
				(2)by redesignating
			 clause (x), as added by section 5505(b) of the Patient Protection and
			 Affordable Care Act (Public Law 111–148), as clause (xi) and moving such clause
			 4 ems to the left; and
				(3)by adding after
			 clause (xi), as redesignated by subparagraph (A), the following new
			 clause:

						(xii)For discharges
				occurring on or after July 1, 2013, insofar as an additional payment amount
				under this subparagraph is attributable to resident positions distributed to a
				hospital under subsection (h)(9), the indirect teaching adjustment factor shall
				be computed in the same manner as provided under clause (ii) with respect to
				such resident
				positions.
						.
				3.Study and report
			 by national health care workforce commission
			(a)StudyThe
			 National Health Care Workforce Commission established under section 5101 of the
			 Patient Protection and Affordable Care Act (Public Law 111–148) shall conduct a
			 study of the physician workforce. Such study shall include the identification
			 of physician specialties for which there is a shortage, as defined by the
			 Commission.
			(b)ReportNot
			 later than January 1, 2014, the National Health Care Workforce Commission shall
			 submit to Congress a report on the study conducted under subsection (a),
			 together with recommendations for such legislation and administrative action as
			 the Commission determines appropriate.
			4.Study and report
			 on strategies for increasing diversity
			(a)StudyThe
			 Comptroller General of the United States (in this section referred to as the
			 Comptroller General) shall conduct a study on strategies for
			 increasing the diversity of the health professional workforce. Such study shall
			 include an analysis of strategies for increasing the number of health
			 professionals from rural, lower income, and underrepresented minority
			 communities, including which strategies are most effective for achieving such
			 goal.
			(b)ReportNot
			 later than 2 years after the date of enactment of this Act, the Comptroller
			 General shall submit to Congress a report on the study conducted under
			 subsection (a), together with recommendations for such legislation and
			 administrative action as the Comptroller General determines appropriate.


I
111th CONGRESS
1st Session
H. R. 2262
IN THE HOUSE OF REPRESENTATIVES

May 5, 2009
Ms. Linda T. Sánchez of California (for herself, Ms. Ros-Lehtinen, Mrs. McCarthy of New York, Ms. Baldwin, Mr. Berman, Mr. Bishop of New York, Ms. Bordallo, Mrs. Capps, Mr. Capuano, Mr. Carnahan, Ms. Clarke, Mr. Davis of Illinois, Mr. Delahunt, Ms. DeLauro, Mr. Doyle, Mr. Etheridge, Mr. Farr, Mr. Frank of Massachusetts, Mr. Gordon of Tennessee, Mr. Al Green of Texas, Mr. Grijalva, Mr. Hinojosa, Mr. Holt, Mr. Kildee, Mr. Kirk, Mr. Lance, Ms. Matsui, Mr. McGovern, Mr. Meeks of New York, Mr. Moran of Virginia, Mr. Payne, Mr. Reyes, Ms. Loretta Sanchez of California, Mr. Sarbanes, Mr. Sires, Ms. Slaughter, Mr. Stark, Ms. Sutton, Mr. Tonko, Mr. Weiner, and Mr. Wexler) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL
To amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs.

1.Short titleThis Act may be cited as the Safe Schools Improvement Act of 2009.
2.Bullying and harassment prevention policies, programs, and statistics
(a)State Reporting RequirementsSection 4112(c)(3)(B)(iv) of the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7112(c)(3)(B)(iv)) is amended by inserting , including bullying and harassment, after violence.
(b)State ApplicationSection 4113(a) of such Act (20 U.S.C. 7113(a)) is amended—
(1)in paragraph (9)—
(A)in subparagraph (C), by striking and at the end; and
(B)by adding at the end the following:

(E)the incidence and prevalence of reported incidents of bullying and harassment; and
(F)the perception of students regarding their school environment, including with respect to the prevalence and seriousness of incidents of bullying and harassment and the responsiveness of the school to those incidents;;
(2)in paragraph (18), by striking and at the end;
(3)in paragraph (19), by striking the period at the end and inserting ; and; and
(4)by adding at the end the following:

(20)provides an assurance that the State educational agency will provide assistance to districts and schools in their efforts to prevent and appropriately respond to incidents of bullying and harassment and describes how the agency will meet this requirement..
(c)Local Educational Agency Program ApplicationSection 4114(d) of such Act (20 U.S.C. 7114(d)) is amended—
(1)in paragraph (2)(B)(i)—
(A)in subclause (I), by striking and at the end; and
(B)by adding at the end the following:

(III)performance indicators for bullying and harassment prevention programs and activities; and; and
(2)in paragraph (7)—
(A)in subparagraph (A), by inserting , including bullying and harassment after disorderly conduct;
(B)in subparagraph (D), by striking and at the end; and
(C)by adding at the end the following:

(F)annual notice to parents and students describing the full range of prohibited conduct contained in the discipline policies described in subparagraph (A); and
(G)grievance procedures for students or parents that seek to register complaints regarding the prohibited conduct contained in the discipline policies described in subparagraph (A), including—
(i)the name of the school district officials who are designated as responsible for receiving such complaints; and
(ii)timelines that the school district will follow in the resolution of such complaints;.
(d)Authorized ActivitiesSection 4115(b)(2) of such Act (20 U.S.C. 7115(b)(2)) is amended—
(1)in subparagraph (A)—
(A)in clause (vi), by striking and at the end;
(B)in clause (vii), by striking the period at the end and inserting ; and; and
(C)by adding at the end the following:

(viii)teach students about the consequences of bullying and harassment.; and
(2)in subparagraph (E), by adding at the end the following:

(xxiii)Programs that address the causes of bullying and harassment and that train teachers, administrators, pupil services personnel, and other school personnel regarding strategies to prevent bullying and harassment and to effectively intervene when such incidents occur..
(e)ReportingSection 4116(a)(2)(B) of such Act (20 U.S.C. 7116(a)(2)(B)) is amended by inserting , including bullying and harassment, after drug use and violence.
(f)Impact EvaluationSection 4122 of such Act (20 U.S.C. 7132) is amended—
(1)in subsection (a)(2), by striking and school violence and inserting school violence, including bullying and harassment,; and
(2)in the first sentence of subsection (b), by inserting , including bullying and harassment, after drug use and violence.
(g)Definitions
(1)Drug and Violence PreventionParagraph (3)(B) of section 4151 of such Act (20 U.S.C. 7151) is amended by inserting , bullying, and other harassment after sexual harassment and abuse.
(2)Protective Factor, Buffer, or AssetParagraph (6) of such section is amended by inserting , including bullying and harassment after violent behavior.
(3)Risk FactorParagraph (7) of such section is amended by inserting , including bullying and harassment after violent behavior.
(4)Bullying, Harassment, and ViolenceSuch section is further amended by adding at the end the following:

(12)BullyingThe term bullying means conduct that—
(A)adversely affects the ability of one or more students to participate in or benefit from the school’s educational programs or activities by placing the student (or students) in reasonable fear of physical harm; and
(B)includes conduct that is based on—
(i)a student’s actual or perceived—
(I)race;
(II)color;
(III)national origin;
(IV)sex;
(V)disability;
(VI)sexual orientation;
(VII)gender identity; or
(VIII)religion;
(ii)any other distinguishing characteristics that may be defined by a State or local educational agency; or
(iii)association with a person or group with one or more of the actual or perceived characteristics listed in clause (i) or (ii).
(13)HarassmentThe term harassment means conduct that—
(A)adversely affects the ability of one or more students to participate in or benefit from the school’s educational programs or activities because the conduct, as reasonably perceived by the student (or students), is so severe, persistent, or pervasive; and
(B)includes conduct that is based on—
(i)a student’s actual or perceived—
(I)race;
(II)color;
(III)national origin;
(IV)sex;
(V)disability;
(VI)sexual orientation;
(VII)gender identity; or
(VIII)religion;
(ii)any other distinguishing characteristics that may be defined by a State or local educational agency; or
(iii)association with a person or group with one or more of the actual or perceived characteristics listed in clause (i) or (ii).
(14)ViolenceThe term violence includes bullying and harassment..
(h)Effect on Other Laws
(1)AmendmentThe Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.) is amended by adding at the end the following:

4156.Effect on Other Laws
(a)Federal and State Nondiscrimination LawsNothing in this part shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part are in addition to those imposed by title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(b)Free Speech and Expression LawsNothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals under, other Federal laws that establish protections for freedom of speech and expression..
(2)Clerical AmendmentThe table of contents of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by adding after the item relating to section 4155 the following:

Sec. 4156. Effect on other laws..


		II
		110th CONGRESS
		1st Session
		S. 1319
		IN THE SENATE OF THE UNITED STATES

			May 7, 2007
			Mr. Inouye (for himself
			 and Mr. Akaka) introduced the following
			 bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To provide for the conversion of a temporary judgeship
		  for the district of Hawaii to a permanent judgeship.

		1.Conversion of temporary
			 judgeship to permanent judgeship for the district of Hawaii
			(a)In
			 generalThe existing judgeship for the district of Hawaii
			 authorized by section 203(c) of the Judicial Improvements Act of 1990 (28
			 U.S.C. 133 note; Public Law 101–650; 104 Stat. 5089) shall, as of the date of
			 enactment of this Act, be authorized under section 133 of title 28, United
			 States Code, and the incumbent in that office shall hold the office under
			 section 133 of title 28, United States Code, as amended by this Act.
			(b)TablesIn
			 order that the table contained in section 133(a) of title 28, United States
			 Code, will reflect the change in the total number of permanent district
			 judgeships authorized as a result of subsection (a) of this section, the item
			 relating to Hawaii is amended to read as follows:

								Hawaii4

					.


115 S728 IS: Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More Act of 2017
U.S. Senate
2017-03-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 728IN THE SENATE OF THE UNITED STATESMarch 27, 2017Mr. McConnell (for himself and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo amend the Surface Mining Control and Reclamation Act of 1977 to provide funds to States and
			 Indian tribes for the purpose of promoting economic revitalization,
			 diversification, and development in economically distressed communities
			 through the reclamation and restoration of land and water resources
			 adversely affected by coal mining carried out before August 3, 1977, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More Act of 2017 or the RECLAIM Act of 2017 .
		2.Economic revitalization for coal country
 (a)In generalTitle IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended by adding at the end the following:

					416.Abandoned mine land economic revitalization
 (a)PurposeThe purpose of this section is to promote economic revitalization, diversification, and development in economically distressed mining communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977.
 (b)In generalFrom amounts deposited into the fund under section 401(b) before October 1, 2007, and not otherwise appropriated to the extent such funds are available, $200,000,000 shall be made available to the Secretary, without further appropriation, for each of fiscal years 2017 through 2021 for distribution to States and Indian tribes in accordance with this section for reclamation and restoration projects at sites identified as priorities under section 403(a): Provided, That if less than $200,000,000 is available in any fiscal year to the Secretary, such remaining amount shall be made available to the Secretary, without further appropriation, and such fiscal year shall end distributions made available under this section.
 (c)Use of funds for priority sitesFunds distributed to a State or Indian tribe under subsection (d) shall be used only for projects classified under the priorities of section 403(a). In addition, if the project is classified under paragraph (3) of such section, the project also must meet the following criteria:
							(1)Contribution to future economic or community development
 (A)In generalThe project, upon completion of reclamation, is intended to create favorable conditions for the economic development of the project site or create favorable conditions that promote the general welfare through economic and community development of the area in which the project is conducted.
 (B)Demonstration of conditionsSuch conditions are demonstrated by— (i)documentation of the role of the project in such area’s economic development strategy or other economic and community development planning process;
 (ii)any other documentation of the planned economic and community use of the project site after the primary reclamation activities are completed, which may include contracts, agreements in principle, or other evidence that, once reclaimed, the site is reasonably anticipated to be used for one or more industrial, commercial, residential, agricultural, or recreational purposes; or
 (iii)any other documentation agreed to by the State or Indian tribe that demonstrates the project will meet the criteria set forth in this subsection.
 (2)Location in community affected by recent decline in miningThe project will be conducted in a community— (A)that has been adversely affected economically by a recent reduction in coal mining-related activity, as demonstrated by employment data, per capita income, or other indicators of reduced economic activity attributable to such reduction; or
 (B)(i)that has historically relied on coal mining for a substantial portion of its economy; and (ii)in which the economic contribution of coal mining has significantly declined.
									(3)Stakeholder collaboration
 (A)In generalThe project has been the subject of project planning under subsection (g) and has been the focus of collaboration, including partnerships, as appropriate, with interested persons or local organizations.
 (B)Public noticeAs part of project planning, the public has been notified and has been given an opportunity to comment at a public meeting convened in a community near the proposed site.
 (4)Eligible applicantsThe project has been proposed by entities of State, local, county, or tribal governments, or local organizations, and will be approved and executed by State or tribal programs, approved under section 405 or referred to in section 402(g)(8)(B), which may include subcontracting project-related activities, as appropriate.
							(d)Distribution of funds
							(1)Uncertified States
 (A)In generalFrom the amount made available in subsection (b), the Secretary shall distribute $195,000,000 annually for each of fiscal years 2017 through 2021 to States and Indian tribes that have a State or tribal program approved under section 405 or are referred to in section 402(g)(8)(B), and have not made a certification under section 411(a) in which the Secretary has concurred, as follows:
 (i)Four-fifths of such amount shall be distributed based on the proportion of the amount of coal historically produced in each State or from the lands of each Indian tribe concerned before August 3, 1977.
 (ii)One-fifth of such amount shall be distributed based on the proportion of reclamation fees paid during the period of fiscal years 2012 through 2016 for lands in each State or lands of each Indian tribe concerned.
 (B)Supplemental fundsFunds distributed under this section— (i)shall be in addition to, and shall not affect, the amount of funds distributed—
 (I)to States and Indian tribes under section 401(f); and (II)to States and Indian tribes that have made a certification under section 411(a) in which the Secretary has concurred, subject to the cap described in section 402(i)(3); and
 (ii)shall not reduce any funds distributed to a State or Indian tribe by reason of the application of section 402(g)(8).
									(2)Additional funding to certain States and Indian tribes
 (A)EligibilityFrom the amount made available in subsection (b), the Secretary shall distribute $5,000,000 annually for each of the five fiscal years beginning with fiscal year 2017 to States and Indian tribes that have a State program approved under section 405 and have made a certification under section 411(a) in which the Secretary has concurred.
 (B)Application for fundsUsing the process in section 405(f), any State or Indian tribe described in subparagraph (A) may submit a grant application to the Secretary for funds under this paragraph. The Secretary shall review each grant application to confirm that the projects identified in the application for funding are eligible under subsection (c).
 (C)Distribution of fundsThe amount of funds distributed to each State or Indian tribe under this paragraph shall be determined by the Secretary based on the demonstrated need for the funding to accomplish the purpose of this section.
								(3)Reallocation of uncommitted funds
 (A)Committed definedFor purposes of this paragraph the term committed— (i)means that funds received by the State or Indian tribe—
 (I)have been exclusively applied to or reserved for a specific project and therefore are not available for any other purpose; or
 (II)have been expended or designated by the State or Indian tribe for the completion of a project; (ii)includes use of any amount for project planning under subsection (g); and
 (iii)reflects an acknowledgment by Congress that, based on the documentation required under subsection (c)(2)(B), any unanticipated delays to commit such funds that are outside the control of the State or Indian tribe concerned shall not affect its allocations under this section.
 (B)Fiscal years 2020 and 2021For each of fiscal years 2020 and 2021, the Secretary shall reallocate in accordance with subparagraph (D) any amount available for distribution under this subsection that has not been committed to eligible projects in the preceding 2 fiscal years, among the States and Indian tribes that have committed to eligible projects the full amount of their annual allocation for the preceding fiscal year.
 (C)Fiscal year 2022For fiscal year 2022, the Secretary shall reallocate in accordance with subparagraph (D) any amount available for distribution under this subsection that has not been committed to eligible projects or distributed under paragraph (1)(A), among the States and Indian tribes that have committed to eligible projects the full amount of their annual allocation for the preceding fiscal years.
 (D)Amount of reallocationThe amount reallocated to each State or Indian tribe under each of subparagraphs (B) and (C) shall be determined by the Secretary to reflect, to the extent practicable—
 (i)the proportion of unreclaimed eligible lands and waters the State or Indian tribe has in the inventory maintained under section 403(c);
 (ii)the average of the proportion of reclamation fees paid for lands in each State or lands of each Indian tribe concerned; and
 (iii)the proportion of coal mining employment loss incurred in the State or on lands of the Indian tribe, respectively, as determined by the Mine Safety and Health Administration, over the 5-year period preceding the fiscal year for which the reallocation is made.
 (e)Resolution of Secretary’s concerns; congressional notificationIf the Secretary does not agree with a State or Indian tribe that a proposed project meets the criteria set forth in subsection (c)—
 (1)the Secretary and the State or tribe shall meet and confer for a period of not more than 45 days to resolve the Secretary’s concerns, except that such period may be shortened by the Secretary if the Secretary's concerns are resolved;
 (2)during that period, at the State’s or Indian tribe’s request, the Secretary may consult with any appropriate Federal agency; and
 (3)at the end of that period, if the Secretary’s concerns are not resolved the Secretary shall provide to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an explanation of the concerns and such project proposal shall not be eligible for funds distributed under this section.
							(f)Acid mine drainage treatment
 (1)In generalSubject to paragraph (2), a State or Indian tribe that receives funds under this section may use up to 30 percent of such funds as necessary to supplement the State’s or tribe’s acid mine drainage abatement and treatment fund established under section 402(g)(6)(A), for future operation and maintenance costs for the treatment of acid mine drainage associated with the individual projects funded under this section. A State or Indian tribe shall specify the total funds allotted for such costs in its application submitted under subsection (d)(2)(B).
 (2)ConditionA State or Indian tribe may use funds under this subsection only if the State or tribe can demonstrate that the annual grant distributed to the State or tribe pursuant to section 401(f), including any interest from the State’s or tribe’s acid mine drainage abatement and treatment fund that is not used for the operation or maintenance of preexisting acid mine drainage treatment systems, is insufficient to fund the operation and maintenance of any acid mine drainage treatment system associated with an individual project funded under this section.
							(g)Project planning and administration
							(1)States and Indian tribes
 (A)In generalA State or Indian tribe may use up to 10 percent of its annual distribution under this section for project planning and the costs of administering this section.
 (B)Planning requirementsPlanning under this paragraph may include— (i)identifying eligible projects;
 (ii)updating the inventory referred to in section 403(c); (iii)developing project designs;
 (iv)collaborating with stakeholders, including public meetings; (v)preparing cost estimates; or
 (vi)engaging in other similar activities necessary to facilitate reclamation activities under this section.
 (2)SecretaryThe Secretary may expend, from amounts made available to the Secretary under section 402(g)(3)(D), not more than $3,000,000 during the fiscal years for which distributions occur under subsection (b) for staffing and other administrative expenses necessary to carry out this section.
 (h)Report to CongressThe Secretary shall provide to the Committee on Natural Resources of the House of Representatives, the Committees on Appropriations of the House of Representatives and the Senate, and the Committee on Energy and Natural Resources of the Senate at the end of each fiscal year for which such funds are distributed a detailed report—
 (1)on the various projects that have been undertaken with such funds; (2)the extent and degree of reclamation using such funds that achieved the priorities described in paragraph (1) or (2) of section 403(a);
 (3)the community and economic benefits that are resulting from, or are expected to result from, the use of the funds that achieved the priorities described in paragraph (3) of section 403(a); and
 (4)the reduction since the previous report in the inventory referred to in section 403(c).. (b)Clerical amendmentThe table of contents in the first section of the Surface Mining Control and Reclamation Act of 1977 is amended by adding at the end of the items relating to title IV the following:
				Sec. 416. Abandoned mine land economic revitalization..
 3.Technical and conforming amendmentsThe Surface Mining Control and Reclamation Act of 1977 is amended— (1)in section 401(c) (30 U.S.C. 1231(c)), by striking and after the semicolon at the end of paragraph (10), by redesignating paragraph (11) as paragraph (12), and by inserting after paragraph (10) the following:

 (11)to implement section 416; and; (2)in section 401(d)(3) (30 U.S.C. 1231(d)(3)), by striking subsection (f) and inserting subsection (f) and section 416(a);
 (3)in section 402(g) (30 U.S.C. 1232(g))— (A)in paragraph (1), by inserting and section 416 after subsection (h); and
 (B)by adding at the end of paragraph (3) the following:  (F)For the purpose of section 416(d)(2)(A).; and
 (4)in section 403(c) (30 U.S.C. 1233(c)), by inserting after the second sentence the following: As practicable, States and Indian tribes shall offer such amendments based on the use of remote sensing, global positioning systems, and other advanced technologies..
 4.Minimum State paymentsSection 402(g)(8)(A) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)(8)) is amended by striking $3,000,000 and inserting $5,000,000.
 5.GAO study of use of fundsNot later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall study and report to the Congress on uses of funds authorized by this Act, including regarding—
 (1)the solvency of the Abandoned Mine Reclamation Fund; and (2)the impact of such use on payments and transfers under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201) to—
 (A)States for which a certification has been made under section 411 of such Act (30 U.S.C. 1241); (B)States for which such a certification has not been made; and
 (C)transfers to United Mine Workers of America Combined Benefit Fund. 6.Abandoned mine land reclamation and restoration initiative (a)In generalSubchapter I of chapter 145 of title 40, United States Code, is amended by adding at the end the following:

					14510.Abandoned mine land reclamation and restoration initiative
 (a)In generalThe Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities on lands, or on or in waters, that have been reclaimed or restored with amounts provided under title IV of the Surface Mining Control or Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) or that are eligible for such reclamation or restoration.
 (b)Limitation on available amountsOf the cost of any activity eligible for a grant under this section— (1)not more than 50 percent may be provided from amounts appropriated to carry out this section; and
 (2)notwithstanding paragraph (1)— (A)in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts appropriated to carry out this section; and
 (B)in the case of a project to be carried out in a county for which an at-risk designation is in effect under section 14526, not more than 70 percent may be provided from amounts appropriated to carry out this section.
 (c)Sources of assistanceSubject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section in combination with amounts made available—
 (1)under any other Federal program; or (2)from any other source.
 (d)Federal shareNotwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate..
 (b)Clerical amendmentThe analysis for chapter 145 of title 40, United States Code, is amended by inserting after the item relating to section 14509 the following:
				14510. Abandoned mine land reclamation and restoration initiative..
			7.Headquarters of Appalachian Regional Commission
 (a)FindingCongress finds that— (1)the Delta Regional Commission, the Denali Commission, and the Northern Border Regional Commission are each headquartered in their respective region; and
 (2)the headquarters of the Appalachian Regional Commission should be relocated from the District of Columbia to a more affordable location in the Appalachian Region.
				(b)Location of headquarters
 (1)In generalSection 14301 of title 40, United States Code, is amended by adding at the end the following:  (g)HeadquartersThe headquarters of the Commission shall be located in the Appalachian Region..
 (2)ImplementationThe Federal Cochairman of the Appalachian Regional Commission shall take such actions as may be necessary to carry out the amendment made by paragraph (1).


114 S1111 IS: Public Power Risk Management Act of 2015
U.S. Senate
2015-04-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 1111
		IN THE SENATE OF THE UNITED STATES

			April 28, 2015
			Mr. Donnelly (for himself and Mr. Inhofe) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

		A BILL
		To provide equal treatment for utility special entities using utility operations-related swaps, and
			 for other purposes.

		1.Short title
 This Act may be cited as the Public Power Risk Management Act of 2015.
 2.Transactions with utility special entitiesSection 1a(49) of the Commodity Exchange Act (7 U.S.C. 1a(49)) is amended by adding at the end the following:

				(E)Certain transactions with a utility special entity
 (i)Transactions in utility operations-related swaps shall be reported pursuant to section 4r. (ii)In making a determination to exempt pursuant to subparagraph (D), the Commission shall treat a utility operations-related swap entered into with a utility special entity, as defined in section 4s(h)(2)(D), as if it were entered into with an entity that is not a special entity, as defined in section 4s(h)(2)(C)..
 3.Utility special entity definedSection 4s(h)(2) of the Commodity Exchange Act (7 U.S.C. 6s(h)(2)) is amended by adding at the end the following:

 (D)Utility special entityFor purposes of this Act, the term utility special entity means a special entity, or any instrumentality, department, or corporation of or established by a State or political subdivision of a State, that—
 (i)owns or operates, or anticipates owning or operating, an electric or natural gas facility or an electric or natural gas operation;
 (ii)supplies, or anticipates supplying, natural gas or electric energy to another utility special entity;
 (iii)has, or anticipates having, public service obligations under Federal, State, or local law or regulation to deliver electric energy or natural gas service to customers; or
 (iv)is a Federal power marketing agency, as defined in section 3 of the Federal Power Act.. 4.Utility operations-related swap (a)Swap further definedSection 1a(47)(A)(iii) of the Commodity Exchange Act (7 U.S.C. 1a(47)(A)(iii)) is amended—
 (1)by striking and at the end of subclause (XXI); (2)by adding and at the end of subclause (XXII); and
 (3)by adding at the end the following:  (XXIII)a utility operations-related swap;.
 (b)Utility operations-Related swap definedSection 1a of such Act (7 U.S.C. 1a) is amended by adding at the end the following:  (52)Utility operations-related swapThe term utility operations-related swap means a swap that—
 (A)is entered into to hedge or mitigate a commercial risk; (B)is not a contract, agreement, or transaction based on, derived on, or referencing—
 (i)an interest rate, credit, equity, or currency asset class; (ii)except as used as fuel for electric energy generation, a metal, agricultural commodity, or crude oil or gasoline commodity of any grade; or
 (iii)any other commodity or category of commodities identified for this purpose in a rule or order adopted by the Commission in consultation with the appropriate Federal and State regulatory commissions; and
 (C)is associated with— (i)the generation, production, purchase, or sale of natural gas or electric energy, the supply of natural gas or electric energy to a utility, or the delivery of natural gas or electric energy service to utility customers;
 (ii)fuel supply for the facilities or operations of a utility; (iii)compliance with an electric system reliability obligation;
 (iv)compliance with an energy, energy efficiency, conservation, or renewable energy or environmental statute, regulation, or government order applicable to a utility; or
 (v)any other electric energy or natural gas swap to which a utility is a party..


		II
		109th CONGRESS
		2d Session
		S. 3731
		IN THE SENATE OF THE UNITED STATES

			July 26, 2006
			Mr. Specter introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To regulate the judicial use of presidential signing
		  statements in the interpretation of Acts of Congress.

		1.Short
			 titleThis Act may be cited as
			 the Presidential Signing Statements
			 Act of 2006.
		2.FindingsCongress finds the following—
			(1)While the
			 executive branch has a role in enacting legislation, it is clear that this is a
			 limited role. Article I, section 7 of the Constitution provides that when a
			 bill is presented to the President, he may either sign it or veto it with his
			 objections, and his veto is subject to a congressional override by two-thirds
			 majorities in the House of Representatives and Senate.
			(2)As the President
			 signs a bill into law, the President sometimes issues a statement elaborating
			 on his views of a bill.
			(3)This practice
			 began in the early 1800s, and such statements have been issued by Presidents
			 including James Monroe, Andrew Jackson, John Tyler, Franklin Delano Roosevelt,
			 Dwight D. Eisenhower, John F. Kennedy, Lyndon B. Johnson, Richard Nixon, Gerald
			 Ford, Jimmy Carter, Ronald Reagan, George H.W. Bush, Bill Clinton, and George
			 W. Bush.
			(4)Much more
			 recently, some courts have begun using presidential signing statements as a
			 source of authority in the interpretation of Acts of Congress.
			(5)This judicial use
			 of presidential signing statements is inappropriate, because it in effect gives
			 these statements the force of law. As the Supreme Court itself has explained,
			 Article I, section 7, of the Constitution provides a single, finely
			 wrought and exhaustively considered, procedure for the making of
			 Federal law. I.N.S. v. Chadha, 462 U.S. 919, 951 (1983). Presidential signing
			 statements are not passed by both Houses of Congress pursuant to Article I,
			 section 7, so they are not the supreme law of the land. It is inappropriate,
			 therefore, for courts to rely on presidential signing statements as a source of
			 authority in the interpretation of Acts of Congress.
			(6)The Supreme
			 Court's reliance on presidential signing statements has been sporadic and
			 unpredictable. In some cases, such as Bowsher v. Synar, 478 U.S. 714, 719 n.1
			 (1986), the Supreme Court has relied on presidential signing statements as a
			 source of authority, while in other cases, such as the recent military
			 tribunals case, Hamdan v. Rumsfeld, 126 S.Ct. 2749 (2006), it has conspicuously
			 declined to do so. This inconsistency has the unfortunate effect of rendering
			 the interpretation of Federal law unpredictable.
			(7)As the Hamdan
			 case demonstrates, the Justices of the Supreme Court appear to disagree with
			 one another on the propriety of reliance on presidential signing statements in
			 the interpretation of Federal law. The Supreme Court, with its nine competing
			 perspectives and its jurisdictional restriction to cases and controversies, may
			 remain unable to resolve this difference of opinion and establish a clear rule
			 abjuring such reliance.
			(8)As recently
			 explained in the Harvard Law Review, Congress has power to resolve judicial
			 disputes such as this by enacting Federal rules of statutory interpretation.
			 Nicholas Quinn Rosenkranz, Federal Rules of Statutory Interpretation, 115 Harv.
			 L. Rev. 2085 (2002). This power flows from Article I, section 8, cl. 18, which
			 gives Congress the power To make all laws which shall be necessary and
			 proper for carrying into execution the foregoing powers, and all other powers
			 vested by this Constitution in the government of the United States, or in any
			 department or officer thereof. Federal rules of statutory
			 interpretation are necessary and proper to bring into execution the legislative
			 power.
			(9)Congress can and
			 should exercise this power over the interpretation of Federal statutes in a
			 systematic and comprehensive manner.
			(10)Congress hereby
			 exercises this power to forbid judicial reliance on presidential signing
			 statements as a source of authority in the interpretation of Acts of
			 Congress.
			3.DefinitionAs used in this Act, the term
			 presidential signing statement means a statement issued by the
			 President about a bill, in conjunction with signing that bill into law pursuant
			 to Article I, section 7, of the Constitution.
		4.Judicial use of
			 presidential signing statementsIn determining the meaning of any Act of
			 Congress, no State or Federal court shall rely on or defer to a presidential
			 signing statement as a source of authority.
		5.Congressional
			 standing to obtain declaratory judgmentAny court of the United States, upon the
			 filing of an appropriate pleading by the United States Senate, through the
			 Office of Senate Legal Counsel, and/or the United States House of
			 Representatives, through the Office of General Counsel for the United States
			 House of Representatives, may declare the legality of any presidential signing
			 statement, whether or not further relief is or could be sought. Any such
			 declaration shall have the force and effect of a final judgment or decree and
			 shall be reviewable as such.
		6.Congressional
			 right to intervene or submit clarifying resolutionChapter
			 9D of title 2, United States Code, is amended by adding at the end the
			 following:

				288o
					(a)Notice to
				congressIn any action, suit, or proceeding in the Supreme Court
				of the United States, wherein the construction or constitutionality of any Act
				of Congress in which a presidential signing statement was issued, the Supreme
				Court shall certify such fact to the Office of Senate Legal Counsel and to the
				Office of General Counsel for the United States House of
				Representatives.
					(b)Congressional
				right To interveneIn any suit referenced in subsection (a), the
				Supreme Court shall permit the United States Senate, through the Office of
				Senate Legal Counsel, and/or the United States House of Representatives,
				through the Office of General Counsel for the United States House of
				Representatives, to intervene for presentation of evidence, if evidence is
				otherwise admissible in the case, and for argument on the question of the Act's
				construction and/or constitutionality. The United States Senate and House of
				Representatives shall, subject to the applicable provisions of law, have all
				the rights of a party and be subject to all liabilities of a party as to court
				costs to the extent necessary for a proper presentation of the facts and law
				relating to the question of constitutionality. Nothing in this chapter shall be
				construed to confer standing on any party seeking to bring, or jurisdiction on
				any court with respect to, any civil or criminal action, including suit for
				court costs, against Congress, either House of Congress, a Member of Congress,
				a committee or subcommittee of a House of Congress, any office or agency of
				Congress, or any officer or employee of a House of Congress or any office or
				agency of Congress.
					(c)Congressional
				right To submit clarifying resolutionIn any suit referenced in
				subsection (a), the full Congress may pass a concurrent resolution declaring
				its view of the proper interpretation of the Act of Congress at issue,
				clarifying Congress's intent, and/or clarifying Congress's findings of fact. If
				Congress does pass such a concurrent resolution, the Supreme Court shall permit
				the United States Congress, through the Office of Senate Legal Counsel, to
				submit that resolution into the record of the case as a matter of
				right.
					.
		7.Authorization
			 for senate legal counsel
			(a)Section 288b(c)
			 of title 2, United States Code, is amended by inserting or section 2403
			 of title 28 of the United States Code after under section 288e
			 of this title;
			(b)Section
			 288j(a)(1) of title 2, United States Code, is amended by inserting or
			 section 2403 of title 28 of the United States Code after
			 pursuant to section 288b of this title; and
			(c)Section
			 288j(a)(2) of title 2, United States Code, is amended by inserting or
			 section 2403 of title 28 of the United States Code after
			 pursuant to section 288b(a) of this title.


		I
		111th CONGRESS
		1st Session
		H. R. 3918
		IN THE HOUSE OF REPRESENTATIVES

			October 22, 2009
			Mr. Thompson of
			 California (for himself, Mr.
			 Herger, Mr. Pomeroy,
			 Mr. Larson of Connecticut,
			 Mr. Michaud, and
			 Ms. Pingree of Maine) introduced the
			 following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide a
		  tax credit for qualified distributed thermal energy storage property, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Thermal Energy Cooling and Heating Act of
			 2009.
		2.Credit for
			 qualified distributed thermal storage property installed in a principal
			 residence
			(a)In
			 GeneralSubsection (a) of section 25D of the Internal Revenue
			 Code of 1986 is amended by striking and at the end of paragraph
			 (4), by striking the period at the end of paragraph (5) and inserting ,
			 and, and by adding at the end the following new paragraph:

					(6)30 percent of the
				qualified distributed thermal energy storage property expenditures made by the
				taxpayer during such
				year.
					.
			(b)Qualified
			 distributed thermal energy storage property expenditureSection
			 25D(d) of such Code is amended by adding at the end the following new
			 paragraph:

					(6)Qualified
				distributed thermal energy storage property expenditureThe term
				qualified distributed thermal energy storage property
				expenditure means an expenditure for qualified distributed thermal
				energy storage property (as defined in section 48(e)) installed on or in
				connection with a dwelling unit located in the United States and used as a
				principal residence (within the meaning of section 121) by the
				taxpayer.
					.
			(c)Modification of
			 maximum credit
				(1)In
			 generalParagraph (1) of section 25D(b) of such Code is amended
			 by striking and at the end of subparagraph (B), by striking the
			 period at the end of subparagraph (C), and by adding at the end the following
			 new subparagraphs:

						(D)$500 with respect to each half kilowatt of
				peak demand reduction (as defined in section 48(e)(3)) by cooling systems which
				are qualified distributed thermal energy storage property (as defined in
				section 48(e)) for which qualified distributed thermal energy storage property
				expenditures are made, and
						(E)$150 for each nameplate kilowatt input of
				thermal heat storage by heating systems which are qualified distributed thermal
				energy storage property (as defined in section 48(e)) for which qualified
				distributed thermal energy storage property expenditures are
				made.
						.
				(2)Conforming
			 amendmentsParagraph (4) of section 25D(e) of such Code is
			 amended—
					(A)by amending so
			 much of such paragraph as precedes subparagraph (B) to read as follows:

							(4)Limitations in
				case of joint occupancyIn the case of any dwelling unit which is
				jointly occupied and used during any calendar year as a residence by two or
				more individuals the following rules shall apply:
								(A)Maximum
				expendituresThe maximum amount of expenditures which may be
				taken into account under subsection (a) by all such individuals with respect to
				such dwelling unit during such calendar year shall be—
									(i)$1,667 in the case
				of each half kilowatt of capacity of qualified fuel cell property (as defined
				in section 48(c)(1)) for which qualified fuel cell property expenditures are
				made,
									(ii)$1,667 in case of each half kilowatt of
				peak demand reduction (as defined in section 48(e)(3)) by cooling systems which
				are qualified distributed thermal energy storage property (as defined in
				section 48(e)) for which qualified distributed thermal energy storage property
				expenditures are made, and
									(iii)$333 in the case of each nameplate kilowatt
				input of thermal heat storage by heating systems which are qualified
				distributed thermal energy storage property (as defined in section 48(e)) for
				which qualified distributed thermal energy storage property expenditures are
				made.
									,
				and
					(B)by adding at the
			 end of subparagraph (B) the following:

							This
				subparagraph shall be applied separately with respect to qualified fuel cell
				property expenditures, qualified distributed thermal energy storage property
				expenditures with respect cooling systems, and qualified distributed thermal
				energy storage property with respect to heating
				systems..
					(d)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.
			3.Business credit
			 for qualified distributed thermal energy storage property
			(a)In
			 generalSubparagraph (A) of section 48(a)(3) of the Internal
			 Revenue Code of 1986 is amended by deleting or at the end of
			 clause (vi), by inserting or at the end of clause (vii), and by
			 inserting clause (vii) the following new clause:

					(viii)qualified
				distributed thermal energy storage property but only with respect to periods
				ending before January 1,
				2017,
					.
			(b)30
			 percent creditClause (i) of section 48(a)(2)(A) of such Code is
			 amended by striking and at the end of subclause (III) and by
			 inserting after subclause (IV) the following new subclause:

					(V)qualified
				distributed thermal energy storage property,
				and
					.
			(c)Qualified
			 distributed thermal energy storage propertySection 48 of such
			 Code is amended by adding at the end the following new subsection:

					(e)Qualified
				distributed thermal energy storage propertyFor the purposes of
				this section:
						(1)In
				generalThe term qualified distributed thermal energy
				storage property means a heating or cooling system which—
							(A)consists of
				mechanical thermal heat storage or cooling storage components which are
				designed to create, store, and supply off peak or renewable electric
				distributed thermal energy or to reduce or avoid peak electrical demand of
				conventional mechanical cooling or heating equipment,
							(B)has a nameplate
				operational capability to deliver a minimum of 29,000 Btu per hour of cooling
				capacity or a minimum of installed nameplate thermal heat storage capacity of
				85,000 Btu,
							(C)is designed to
				deliver such cooling capacity for a minimum continuous period of 3 hours,
				available daily from May 1 through September 30, or a minimum of 15,000 Btu per
				hour of heating capacity for a minimum continuous period of 3 hours, available
				daily from October 1 through April 30, coincident with daytime peak load
				periods,
							(D)is designed so as
				to utilize off-peak or renewable electricity or reduce peak kilowatt demand by
				90 percent for the heating and cooling load served, and
							(E)is certified by
				the manufacturer as designed so as not to exceed the energy consumption of
				conventional HVAC equipment by more than 10 percent.
							(2)Inclusion of
				related equipmentSuch term shall include any secondary
				components which integrate the distributed thermal energy storage system
				described in paragraph (1) with the conventional heating or cooling system,
				including equipment and controls for measuring and reporting operation and
				performance, but shall not include any portion of the conventional heating or
				cooling system.
						(3)Limitation
							(A)In
				generalIn case of qualified distributed thermal energy storage
				property placed in service during the taxable year, the credit otherwise
				determined under this section for such year with respect to such property shall
				not exceed an amount equal to $500 for each 0.5 kilowatt of peak demand
				reduction for property placed in service for cooling or $150 for each nameplate
				kilowatt input for property placed in service for heating.
							(B)Peak demand
				reductionFor purposes of this subsection, the term peak
				demand reduction means the removal or avoidance of electrical demand
				(kW) on the utility grid system during the daily time period of high electrical
				demand. The peak demand reduction for air conditioning property shall be
				determined based on Energy Efficiency Ratio (EER) standards for residential and
				commercial air conditioning equipment, established under the Energy Policy and
				Conservation Act of
				1975.
							.
			(d)Effective
			 dateThe amendments made by this Act shall apply to taxable years
			 beginning after the date of the enactment of this Act.
			4.Qualified
			 distributed thermal energy storage property made eligible for new clean
			 renewable energy bonds
			(a)In
			 generalParagraph (1) of
			 section 54C(d) of the Internal Revenue Code of 1986 is amended to read as
			 follows:

					(1)Qualified
				renewable energy facilityThe
				term qualified renewable energy facility means—
						(A)any qualified
				facility (as determined under section 45(d) without regard to paragraphs (8)
				and (10) thereof and to any placed in service date), and
						(B)any qualified
				distributed thermal energy storage property (as defined in section
				48(e)),
						owned by
				a public power provider, a governmental body, or a cooperative electric
				company..
			(b)Effective
			 dateThe amendments made by this section shall apply to
			 obligations issued after the date of the enactment of this Act.


115 HR 1523 IH: District of Columbia Local Prosecutor Establishment Act of 2017
U.S. House of Representatives
2017-03-13
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.

I115th CONGRESS1st SessionH. R. 1523IN THE HOUSE OF REPRESENTATIVESMarch 13, 2017Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government ReformA BILLTo assign the responsibility for conducting prosecutions for violations of the laws of the District
			 of Columbia to the head of a local prosecutor’s office designated under
			 local law of the District of Columbia.

 1.Short titleThis Act may be cited as the District of Columbia Local Prosecutor Establishment Act of 2017. 2.Responsibility of local prosecutor’s office for conduct of all District of Columbia prosecutions (a)In generalSection 23–101, D.C. Official Code, is amended by striking subsections (a) through (f) and inserting the following:

 (a)Prosecutions for violations of all police or municipal ordinances or regulations of the District of Columbia and for violations of all penal statutes of the District of Columbia in the nature of police or municipal regulations shall be conducted in the name of the District of Columbia by the head of the local prosecutor’s office or the assistants of the head of such office, except as may otherwise be provided in any such ordinance, regulation, or statute.
 (b)An indictment or information brought in the name of the United States in the United States District Court for the District of Columbia may include charges of offenses prosecutable by the District of Columbia if the head of the local prosecutor’s office consents to the inclusion of such charges in writing.
 (c)An indictment or information brought in the name of the District of Columbia in the Superior Court of the District of Columbia may be joined for trial in the United States District Court for the District of Columbia with an indictment or information brought in that court if the offenses charged therein could have been joined in the same indictment or information and if the head of the local prosecutor’s office consents to such joinder.
 (d)In this section, the local prosecutor’s office is the office designated under local law of the District of Columbia as the office responsible for conducting prosecutions under this section.
 (e)Nothing in this section shall affect the authority of the Attorney General of the United States or the United States Attorney for the District of Columbia to exercise jurisdiction concerning violations of the laws of the United States..
			(b)Conforming amendments
 (1)AppealsSection 23–104, D.C. Official Code, is amended by striking Corporation Counsel each place it appears in subsections (a)(1), (b), and (d), and inserting head of the local prosecutor’s office (as defined in section 23–101(d)). (2)Proceedings to establish previous convictionsSection 23–111(a)(1), D.C. Official Code, is amended by striking Corporation Counsel and inserting head of the local prosecutor’s office (as defined in section 23–101(d)).
 (3)Definition of prosecutorSection 23–501(3), D.C. Official Code, is amended by striking Corporation Counsel of the District of Columbia and inserting head of the local prosecutor’s office (as defined in section 23–101(d)). (4)Disposition of property seized under search warrantSection 23–525, D.C. Official Code, is amended by striking Corporation Counsel for the District of Columbia and inserting head of the local prosecutor’s office (as defined in section 23–101(d)).
 (5)Deposit of seized currencySection 23–532(b)(1), D.C. Official Code, is amended by striking Corporation Counsel for the District of Columbia and inserting head of the local prosecutor’s office (as defined in section 23–101(d)). (6)Consultation in promulgation of regulations regarding warrant and arrest proceduresSection 23–533, D.C. Official Code, is amended by striking Corporation Counsel and inserting head of the local prosecutor’s office (as defined in section 23–101(d)).
 (7)Recommendations by Pretrial Services Agency regarding release or detentionThe sixth sentence of section 23–1303(a), D.C. Official Code, is amended by striking Corporation Counsel of the District of Columbia and inserting head of the local prosecutor’s office (as defined in section 23–101(d)). (c)Effective dateThe amendments made by this section shall apply with respect to violations of District of Columbia ordinances, regulations, and statutes which occur after the expiration of the 6-month period which begins on the date on which a local law of the District of Columbia which designates the local prosecutor’s office for purposes of section 23–101(d), D.C. Official Code (as amended by subsection (a)) takes effect.