114 HR 1586 IH: Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act of 2015
U.S. House of Representatives
2015-03-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 1586
		IN THE HOUSE OF REPRESENTATIVES

			March 24, 2015
			Ms. Lee introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce and Armed Services, 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 modernize laws, and eliminate discrimination, with respect to people living with HIV/AIDS, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act of 2015 or the REPEAL HIV Discrimination Act of 2015. 2.FindingsThe Congress makes the following findings:
 (1)At present, 33 States and 2 United States territories have criminal statutes based on perceived exposure to HIV, rather than actual transmission of HIV to another. Eleven States have HIV-specific laws that make spitting or biting a felony, even though it is not possible to transmit HIV via saliva. Twenty-four States require persons who are aware that they have HIV to disclose their status to sexual partners. Fourteen of these 24 States also require disclosure to needle-sharing partners. Twenty-five States criminalize one or more behaviors that pose a low or negligible risk for HIV transmission.
 (2)According to the Centers for Disease Control and Prevention (CDC), HIV is only transmitted through blood, semen, vaginal fluid, and breast milk.
 (3)HIV-specific criminal laws are classified as felonies in 28 States; in three States, a person’s exposure to another to HIV does not subject the person to criminal prosecution for that act alone, but may result in a sentence enhancement. Eighteen States impose sentences of up to 10 years; seven impose sentences between 11 and 20 years; and five impose sentences of greater than 20 years.
 (4)The number of prosecutions, arrests, and instances where HIV-specific criminal laws are used to induce plea agreements is unknown. Because State-level prosecution and arrest data are not readily available in any national legal database, the societal impact of these laws may be underestimated and most cases that go to trial are not reduced to written, published opinions.
 (5)State and Federal criminal law does not currently reflect the three decades of medical advances and discoveries made with regard to transmission and treatment of HIV.
 (6)According to CDC, correct and consistent male or female condom use is very effective in preventing HIV transmission. However, most State HIV-specific laws and prosecutions do not treat the use of a condom during sexual intercourse as a mitigating factor or evidence that the defendant did not intend to transmit HIV.
 (7)Criminal laws and prosecutions do not take into account the benefits of effective antiretroviral medications, which reduce the HIV virus to undetectable levels and further reduce the already low risk of transmitting the HIV to near zero.
 (8)Although HIV/AIDS currently is viewed as a treatable, chronic, medical condition, people living with HIV have been charged under aggravated assault, attempted murder, and even bioterrorism statutes because prosecutors, courts, and legislators continue to view and characterize the blood, semen, and saliva of people living with HIV as a deadly weapon.
 (9)Multiple peer-reviewed studies demonstrate that HIV-specific laws do not reduce risk-taking behavior or increase disclosure by people living with or at risk of HIV, and there is increasing evidence that these laws reduce the willingness to get tested. Furthermore, placing legal responsibility for preventing the transmission of HIV and other pathogens exclusively on people diagnosed with HIV, and without consideration of other pathogens that can be sexually transmitted, undermines the public health message that all people should practice behaviors that protect themselves and their partners from HIV and other sexually transmitted diseases.
 (10)The identity of an individual accused of violating existing HIV-specific restrictions is broadcast through media reports, potentially destroying employment opportunities and relationships and violating the person’s right to privacy.
 (11)Individuals who are convicted for HIV exposure, nondisclosure, or transmission often must register as sex offenders even in cases of consensual sexual activity. Their employability is destroyed and their family relationships are fractured.
 (12)The United Nations, including the Joint United Nations Programme on HIV/AIDS (UNAIDS), urges governments to limit criminalization to cases of intentional transmission. Such requirement indicates a situation where a person knows his or her HIV-positive status, acts with the intention to transmit HIV, and does in fact transmit it. UNAIDS also recommends that criminal law should not be applied to cases where there is no significant risk of transmission.
 (13)The Global Commission on HIV and the Law was launched in June 2010 to examine laws and practices that criminalize people living with and vulnerable to HIV and to develop evidence-based recommendations for effective HIV responses. The Commission calls for governments, civil society and international bodies to repeal punitive laws and enact laws that facilitate and enable effective responses to HIV prevention, care and treatment services for all who need them. The Commission recommends against the enactment of laws that explicitly criminalise HIV transmission, exposure or non-disclosure of HIV status, which are counterproductive.
 (14)In 2010, the President released a National HIV/AIDS Strategy (NHAS), which addressed HIV-specific criminal laws, stating: [W]hile we understand the intent behind [these] laws, they may not have the desired effect and they may make people less willing to disclose their status by making people feel at even greater risk of discrimination. In some cases, it may be appropriate for legislators to reconsider whether existing laws continue to further the public interest and public health. In many instances, the continued existence and enforcement of these types of laws run counter to scientific evidence about routes of HIV transmission and may undermine the public health goals of promoting HIV screening and treatment.. The NHAS also states that State legislatures should consider reviewing HIV-specific criminal statutes to ensure that they are consistent with current knowledge of HIV transmission and support public health approaches to preventing and treating HIV.
 (15)In February 2013, the President’s Advisory Council on AIDS (PACHA) passed a resolution stating all U.S. law should be consistent with current medical and scientific knowledge and accepted human rights-based approaches to disease control and prevention and avoid imposition of unwarranted punishment based on health and disability status.
 3.Sense of Congress regarding laws or regulations directed at people living with HIV/AIDSIt is the sense of Congress that Federal and State laws, policies, and regulations regarding people living with HIV/AIDS—
 (1)should not place unique or additional burdens on such individuals solely as a result of their HIV status; and
 (2)should instead demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of—
 (A)the multiple factors that lead to HIV transmission; (B)the relative risk of demonstrated HIV transmission routes;
 (C)the current health implications of living with HIV; (D)the associated benefits of treatment and support services for people living with HIV; and
 (E)the impact of punitive HIV-specific laws, policies, regulations, and judicial precedents and decisions on public health, on people living with or affected by HIV, and on their families and communities.
				4.Review of Federal and State laws
			(a)Review of Federal and State laws
 (1)In generalNot later than 90 days after the date of the enactment of this Act, the Attorney General, the Secretary of Health and Human Services, and the Secretary of Defense acting jointly (in this section referred to as the designated officials) shall initiate a national review of Federal and State laws, policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV/AIDS, including in regard to the Uniform Code of Military Justice.
 (2)ConsultationIn carrying out the review under paragraph (1), the designated officials shall seek to include diverse participation from, and consultation with, each of the following:
 (A)Each State. (B)State attorneys general (or their representatives).
 (C)State public health officials (or their representatives). (D)State judicial and court system officers, including judges, district attorneys, prosecutors, defense attorneys, law enforcement, and correctional officers.
 (E)Members of the United States Armed Forces, including members of other Federal services subject to the Uniform Code of Military Justice.
 (F)People living with HIV/AIDS, particularly those who have been subject to HIV-related prosecution or who are from communities whose members have been disproportionately subject to HIV-specific arrests and prosecution.
 (G)Legal advocacy and HIV/AIDS service organizations that work with people living with HIV/AIDS. (H)Nongovernmental health organizations that work on behalf of people living with HIV/AIDS.
 (I)Trade organizations or associations representing persons or entities described in subparagraphs (A) through (G).
 (3)Relation to other reviewsIn carrying out the review under paragraph (1), the designated officials may utilize other existing reviews of criminal and related civil commitment cases involving people living with HIV/AIDS, including any such review conducted by any Federal or State agency or any public health, legal advocacy, or trade organization or association if the designated officials determines that such reviews were conducted in accordance with the principles set forth in section 3.
 (b)ReportNot later than 180 days after initiating the review required by subsection (a), the Attorney General shall transmit to the Congress and make publicly available a report containing the results of the review, which includes the following:
 (1)For each State and for the Uniform Code of Military Justice, a summary of the relevant laws, policies, regulations, and judicial precedents and decisions regarding criminal cases involving people living with HIV/AIDS, including the following:
 (A)A determination of whether such laws, policies, regulations, and judicial precedents and decisions place any unique or additional burdens upon people living with HIV/AIDS.
 (B)A determination of whether such laws, policies, regulations, and judicial precedents and decisions demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of—
 (i)the multiple factors that lead to HIV transmission; (ii)the relative risk of HIV transmission routes;
 (iii)the current health implications of living with HIV; (iv)the associated benefits of treatment and support services for people living with HIV; and
 (v)the impact of punitive HIV-specific laws and policies on public health, on people living with or affected by HIV, and on their families and communities.
 (C)An analysis of the public health and legal implications of such laws, policies, regulations, and judicial precedents and decisions, including an analysis of the consequences of having a similar penal scheme applied to comparable situations involving other communicable diseases.
 (D)An analysis of the proportionality of punishments imposed under HIV-specific laws, policies, regulations, and judicial precedents, taking into consideration penalties attached to violation of State laws against similar degrees of endangerment or harm, such as driving while intoxicated (DWI) or transmission of other communicable diseases, or more serious harms, such as vehicular manslaughter offenses.
 (2)An analysis of common elements shared between State laws, policies, regulations, and judicial precedents.
 (3)A set of best practice recommendations directed to State governments, including State attorneys general, public health officials, and judicial officers, in order to ensure that laws, policies, regulations, and judicial precedents regarding people living with HIV/AIDS are in accordance with the principles set forth in section 3.
 (4)Recommendations for adjustments to the Uniform Code of Military Justice, as may be necessary, in order to ensure that laws, policies, regulations, and judicial precedents regarding people living with HIV/AIDS are in accordance with the principles set forth in section 3.
 (c)GuidanceWithin 90 days of the release of the report required by subsection (b), the Attorney General and the Secretary of Health and Human Services, acting jointly, shall develop and publicly release updated guidance for States based on the set of best practice recommendations required by subsection (b)(3) in order to assist States dealing with criminal and related civil commitment cases regarding people living with HIV/AIDS.
 (d)Monitoring and evaluation systemWithin 60 days of the release of the guidance required by subsection (c), the Attorney General and the Secretary of Health and Human Services, acting jointly, shall establish an integrated monitoring and evaluation system which includes, where appropriate, objective and quantifiable performance goals and indicators to measure progress toward statewide implementation in each State of the best practice recommendations required in subsection (b)(3).
 (e)Modernization of Federal laws, policies, and regulationsWithin 90 days of the release of the report required by subsection (b), the designated officials shall develop and transmit to the President and the Congress, and make publicly available, such proposals as may be necessary to implement adjustments to Federal laws, policies, or regulations, including to the Uniform Code of Military Justice, based on the recommendations required by subsection (b)(4), either through Executive order or through changes to statutory law.
 5.Rule of constructionNothing in this Act shall be construed to discourage the prosecution of individuals who intentionally transmit or attempt to transmit HIV to another individual.
 6.No additional appropriations authorizedThis Act shall not be construed to increase the amount of appropriations that are authorized to be appropriated for any fiscal year.
 7.DefinitionsFor purposes of this Act: (1)HIV and HIV/AIDSThe terms HIV and HIV/AIDS have the meanings given to such terms in section 2689 of the Public Health Service Act (42 U.S.C. 300ff–88).
 (2)StateThe term State includes the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands.


110 HR 4622 IH: To extend the temporary suspension of duty on a certain

U.S. House of Representatives
2007-12-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 4622
		IN THE HOUSE OF REPRESENTATIVES

			December 13, 2007
			Mr. English of
			 Pennsylvania introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the temporary suspension of duty on a certain
		  chemical.

		1.A certain chemical
			(a)In
			 generalHeading 9902.11.79 of
			 the Harmonized Tariff Schedule of the United States is amended by striking
			 12/31/2009 and inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies with respect to goods entered, or withdrawn from
			 warehouse for consumption, on or after the 15th day after the date of the
			 enactment of this Act.


		I
		112th CONGRESS
		1st Session
		H. R. 1329
		IN THE HOUSE OF REPRESENTATIVES

			April 1, 2011
			Mr. Lance 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 make the
		  credit for research activities permanent and to provide an increase in such
		  credit for taxpayers whose gross receipts are predominantly from domestic
		  production activities.

		1.Credit for research
			 activities made permanent and increased for taxpayers with domestic production
			 activities
			(a)Research credit
			 made permanent
				(1)In
			 generalSection 41 of the Internal Revenue Code of 1986 is
			 amended by striking subsection (h).
				(2)Conforming
			 amendmentSubsection (c) of section 41 of such Code is amended by
			 striking paragraph (4).
				(b)Increased credit
			 for taxpayers with domestic production activitiesSection 41 of
			 such Code (as amended by subsection (a)) is amended by adding at the end the
			 following new subsection:

					(h)Increased credit
				for taxpayers whose gross receipts are predominantly from domestic production
				activities
						(1)In
				generalIn the case of any
				taxpayer whose domestic production activity percentage for any taxable year
				exceeds 50 percent, this section shall be applied for such taxable year by
				increasing each credit determination percentage by the bonus number of
				percentage points determined in accordance with the following table:

										In the case of a taxpayer whose
						domestic production activity percentage is:The
						bonus number of percentage points
						is:

										More than 50% but not more than 60%2

										More than 60% but not more than 70%4

										More than 70% but not more than 80%6

										More than 80% but not more than 90%8

										More than 90%10.

						(2)Domestic
				production activity percentageFor purposes of this subsection, the term
				domestic production activity percentage means, with respect to
				any taxable year, the ratio (expressed as a percentage) determined by
				dividing—
							(A)the taxpayer’s
				domestic production gross receipts (as defined in paragraph (4) of section
				199(c)) for such taxable year, by
							(B)the amount which
				would be determined under such paragraph with respect to the taxpayer for such
				taxable year if the activities described in such paragraph were taken into
				account without regard to whether they occurred in the United States.
							(3)Credit
				determination percentageFor purposes of this subsection, the
				term credit determination percentage means—
							(A)each of the
				percentages appearing in subsection (a), and
							(B)the 14
				percent appearing in subsection
				(c)(5)(A).
							.
			(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2010.


113 SRES 148 ATS: Designating May 18, 2013, as “National Kids to Parks Day”.
U.S. Senate
2013-05-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		113th CONGRESS
		1st Session
		S. RES. 148
		IN THE SENATE OF THE UNITED STATES

			May 16, 2013
			Mr. Udall of Colorado
			 (for himself, Mr. Portman, and
			 Mr. Wyden) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Designating May 18, 2013, as National Kids to
		  Parks Day.

		Whereas the third annual National Kids to Parks Day will
			 be celebrated on May 18, 2013;
		Whereas the goal of National Kids to Parks Day is to
			 empower young people and encourage families to get outdoors and visit the parks
			 of the United States;
		Whereas, on National Kids to Parks Day, individuals from
			 rural and urban areas of the United States can be reintroduced to the splendid
			 National Parks and State and neighborhood parks that are located in their
			 communities;
		Whereas communities across the United States offer a
			 variety of natural resources and public land, often with free access, to
			 individuals seeking outdoor recreation;
		Whereas the people of the United States should encourage
			 young people to lead a more active lifestyle, as too many young people in the
			 United States are overweight or obese;
		Whereas National Kids to Parks Day is an opportunity for
			 families to take a break from their busy lives and come together for a day of
			 wholesome fun; and
		Whereas National Kids to Parks Day aims to broaden the
			 appreciation of young people for nature and the outdoors: Now, therefore, be
			 it

		That the Senate—
			(1)designates May
			 18, 2013, as National Kids to Parks Day;
			(2)recognizes the
			 importance of outdoor recreation and the preservation of open spaces to the
			 health of the young people of the United States; and
			(3)calls on the
			 people of the United States to observe the day with appropriate programs,
			 ceremonies, and activities.


116 S3923 IS: Emergency Family Stabilization Act
U.S. Senate
2020-06-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3923IN THE SENATE OF THE UNITED STATESJune 9, 2020Ms. Murkowski (for herself, Mr. Manchin, and Ms. Sinema) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo provide emergency relief to youth, children, and families experiencing homelessness, in light of the health and economic consequences of COVID–19.1.Short titleThis Act may be cited as the Emergency Family Stabilization Act.2.DefinitionsIn this Act:(1)Current ACF grant or subgrant recipientThe term current ACF grant or subgrant recipient means an Indian Tribe, Tribal organization, local educational agency, or a local public, private, or Indian nonprofit agency or organization (including culturally specific community-based and faith-based organizations) that, as of the date of application for a grant under section 3, is also receiving another grant or subgrant administered by the Administration for Children and Families.(2)DirectorThe term Director means the Director of the Office of Community Services of the Department of Health and Human Services.(3)Direct services(A)In generalExcept as provided in subparagraph (B), the term direct services does not include providing referrals or operating a coordinated entry system or homeless management information system, by itself.(B)Indian tribes or tribal organizationsAn Indian Tribe or Tribal organization that provides referrals or assists other service providers with direct services shall be considered as providing direct services for purposes of this Act.(4)Family stabilization agencyThe term family stabilization agency means—(A)a current ACF grant or subgrant recipient; (B)an Indian Tribe or Tribal organization; (C)an urban Indian organization;(D)a local educational agency; or(E)a local public, private, or Indian nonprofit agency or organization (including community-based and faith-based organizations), with expertise and demonstrated experience providing direct services to one or more of the following populations:(i)Children experiencing homelessness, including children under age 6.(ii)Unaccompanied homeless youth under the age of 18.(iii)Unaccompanied homeless youth between the ages of 18 and 25.(iv)Pregnant women, and pregnant or parenting youth, experiencing homelessness. (v)Families experiencing homelessness. (vi)Survivors of dating violence, domestic violence, family violence, or trafficking.(5)Indian TribeThe term Indian Tribe means an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).(6)Local educational agencyThe term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(7)RuralThe term rural means a unit of local government with a population of less than 50,000.(8)SecretaryThe term Secretary means the Secretary of Health and Human Services.(9)Tribal organizationThe term Tribal organization means a tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (10)Urban indian organizationThe term urban Indian organization has the meaning given the term Urban Indian organization in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).(11)Youth, child, or family experiencing homelessnessThe term youth, child, or family experiencing homelessness means—(A)a homeless child or youth, as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), who is under the age of 25; (B)an unaccompanied youth, as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)), who is under the age of 25; or(C)a household of not less than 2 people that includes not less than 1 person under age 22 who is a homeless child or youth, as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)). 3.Grants to family stabilization agencies(a)Grant program authorized(1)In generalFrom amounts made available under section 4 and not reserved under subsection (b), the Secretary, acting through the Director, shall, on a competitive basis in accordance with subsection (d), award grants to family stabilization agencies (including current ACF grant or subgrant recipients and entities that have not previously received grants from the Administration for Children and Families) to enable the family stabilization agencies to carry out the activities described in subsection (e). (2)Distribution Timing(A)Current ACF grant or subgrant recipientsThe Secretary shall award grants under this section, in accordance with subsection (d), to family stabilization agencies that are current ACF grant or subgrant recipients by not later than the date that is 45 days after the date of enactment of this Act. (B)Additional granteesThe Secretary shall award grants under this section, in accordance with subsection (d), to family stabilization agencies that are not current ACF grant or subgrant recipients by not later than the date that is 130 days after the date of enactment of this Act.(3)Dissemination of applicationsThe Secretary shall— (A)ensure the application for grants under this Act is broadly disseminated, including through public posting on the website of the Administration for Children and Families and sharing with current ACF grant or subgrant recipients; and (B)make special dissemination efforts to rural areas and among Indian Tribes and Tribal organizations.(b)ReservationThe Secretary shall reserve not less than 1 percent and not more than 1.5 percent of the amount appropriated under this Act to be used for administration, oversight, and technical assistance activities through the Administration for Children and Families.(c)ApplicationA family stabilization agency that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. Such application shall include the following:(1)A description of the housing, education, health, mental and behavioral health, employment, and other needs of youth, children, and families experiencing homelessness, in the area served by such agency, specifically including youth, children, and families who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason. (2)Available data on the extent of youth, child, and family homelessness in the area served by such agency, including data available from local educational agencies and data on child poverty in the area.(3)A description of barriers youth, children, and families experiencing homelessness face in accessing services, including barriers related to dating violence, domestic violence, family violence, poverty, lack of employment, lack of transportation, lack of telephone and internet connectivity, educational needs, and language accessibility.(4)A description of such agency's direct service expertise and experience with youth, child, or family homelessness, specifically including youth, children, and families who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason. (5)A description of the area served by such agency, including whether the service area is urban, suburban, rural, or Tribal. If the applicant claims to cover a Tribal service area but is not an Indian Tribe or Tribal organization, the applicant shall provide evidence of having consulted with the Indian Tribe or Tribal organization whose service area the applicant claims to cover and provide proof that the Indian Tribe or Tribal organization supports the applicant's application. (6)A description of such agency's existing partnerships with other agencies or organizations with experience serving youth, children, and families experiencing homelessness.(7)A description of how funds received under the grant will be used to provide emergency relief to youth, children, and families experiencing homelessness, specifically including—(A)youth, children, and families who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; and(B)youth, children, and families experiencing homelessness who are not receiving services through the Continuum of Care program under subpart C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) as of the date of the application. (d)Award basis(1)In generalThe Secretary shall award grants under this section on the basis of—(A)the need in the area served by each applicant;(B)the quality of each application; and (C)the distribution and priority requirements under paragraphs (4) and (5). (2)NeedIn determining need under paragraph (1)(A), the Secretary shall consider—(A)the extent of children, youth, and families experiencing homelessness in the area served by the family stabilization agency, including data available from local educational agencies and data on child poverty;(B)the extent to which the proposed uses of funds will provide emergency relief to meet unmet needs of youth, children, and families experiencing homelessness, specifically including youth, children, and families who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;(C)the extent to which the proposed uses of funds will provide emergency relief to youth, children, and families experiencing homelessness who are not currently receiving services through the Continuum of Care program under subpart C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.); and (D)the extent to which the application addresses the particular needs of pregnant women, pregnant and parenting youth, Indian women, children under age 6, children with disabilities, families experiencing domestic violence, survivors of sexual assault or human trafficking, or historically marginalized and underserved communities of color.(3)QualityIn determining quality under paragraph (1)(B), the Secretary shall consider, for both current ACF grant or subgrant recipients and not current ACF grant or subgrant recipients, the following:(A)The family stabilization agency's needs assessment under subsection (c)(1) and the likelihood that the program presented in the application will meet such needs.(B)The types, intensity, and coordination of the emergency relief to be provided under the program to youth, children, and families experiencing homelessness.(C)The extent of the family stabilization agency's demonstrated expertise and experience providing direct services to youth, children, and families experiencing homelessness who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason.(D)The robustness of such agency's plan to reach youth, children, and families experiencing homelessness who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason, including those who have lost a caregiver or family member to COVID–19. (E)The extent of such agency's demonstrated expertise and experience in providing direct services to youth, children, and families experiencing homelessness specifically.(F)The extent to which the program presented in the application represents a multi-generational approach to supporting youth, children, and families experiencing homelessness.(G)The extent to which the application reflects coordination with local educational agencies and public or private nonprofit agencies or organizations with experience serving youth, children, and families experiencing homelessness. (H)The extent to which the family stabilization agency is, has been, or has specific plans to partner with, a recipient of a grant or subgrant administered by the Administration for Children and Families.(4)Distribution of awards(A)Distribution among types of communitiesIn awarding grants under subsection (a), the Secretary shall ensure that funds are distributed according to the following allocation percentages: (i)Not less than 10 percent of the funds available for grants under this section shall be awarded to family stabilization agencies that are Indian Tribes or Tribal organizations serving youth, children, and families experiencing homelessness.(ii)Not less than 36 percent of the funds available for grants under this Act shall be awarded to family stabilization agencies serving predominantly rural areas.(iii)Not less than 30 percent of the funds available for grants under this Act shall be awarded to family stabilization agencies serving predominantly suburban areas.(iv)Not more than 24 percent of the funds available for grants under this Act shall be awarded to family stabilization agencies serving predominantly urban areas.(B)Distribution to experienced granteesIn awarding grants under subsection (a), the Secretary shall ensure that—(i)80 percent of the funds available for grants under this section are distributed to family stabilization agencies—(I)that are current ACF grant or subgrant recipients; and (II)which may apply in partnership with local educational agencies, Tribal educational agencies, public housing agencies, tribally designated housing entities, community development financial institutions, State housing finance agencies, programs that provide shelter to youth experiencing homelessness who are pregnant or parenting, public health agencies, domestic violence, dating violence, and family violence organizations, institutions of higher education as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), urban Indian organizations, or other community partners; and(ii)20 percent of the funds are distributed as grants to family stabilization agencies that are not current ACF grant or subgrant recipients. (C)Special exception for grants to Indian Tribes or Tribal organizations(i)In generalIn awarding grants to family stabilization agencies that are Indian Tribes or Tribal organizations pursuant to subparagraph (A)(i), the Secretary may waive any requirements of paragraph (2) or (3) or subsection (c). (ii)Additional considerationsIn awarding grants pursuant to subparagraph (A)(i), the Secretary shall consider family stabilization agencies that are Indian Tribes and Tribal organizations that provide services that address child abuse and neglect. (5)Priority in awardsIn awarding grants under paragraph (1), the Secretary shall give priority to applications that will provide emergency relief to youth, children, and families experiencing homelessness who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason, while ensuring the distribution of awards in accordance with paragraph (4). (e)Authorized activitiesFamily stabilization agencies may use funds awarded under this section to provide emergency relief to youth, children, and families experiencing homelessness, including the following:(1)The provision of personnel necessary to provide emergency relief and ensure services, resources, and assistance reach youth, children, and families experiencing homelessness, whether such personnel are employees of the family stabilization agency or a nonprofit community partner.(2)The provision of personal protective equipment, hygiene supplies, and other supplies determined to be necessary to mitigate the spread of Coronavirus Disease 2019 (COVID–19) by the Centers for Disease Control and Prevention, the Occupational Safety and Health Administration, a State, an Indian Tribe or Tribal organization, or a locality for personnel delivering services and for youth, children, and families experiencing homelessness. (3)Payments to meet shelter and housing-related needs to support safety and health, including payments for—(A)security deposits;(B)eviction prevention; (C)utility connection fees and payments; (D)outstanding rental, utility, motel, and other bills as needed to enter housing or connect utilities;(E)motel or hotel stays; (F)housing placement;(G)records expungement; and (H)other assistance.(4)The provision of food and equipment needed to prepare food.(5)The provision of medical and dental health services, including preventive care.(6)The provision of mental and behavioral health services, including preventive care.(7)The provision of clothing, access to laundry facilities, clothes washers and dryers, detergent, and personal hygiene supplies.(8)The provision of transportation, including payments for gas, emergency vehicle repairs, required insurance, driver’s education and driver’s license fees, public transportation, and other transportation appropriate for Tribal and rural locations.(9)The provision of support to meet communications and connectivity needs, including internet connectivity, outstanding internet or telephone bills as needed to connect communications services, electronic and connected devices, hotspots, portable chargers, pre-paid phone cards, calling minutes and data plans, and costs to ship items and supplies.(10)The provision of support to meet educational and employment needs, including academic support, distance learning support, resources, and access, child care, social and emotional supports, career and technical education, employment training and placement, and similar supports. (11)The purchase and distribution of store cards, gift cards, prepaid debit cards, and vouchers to allow youth, children, and families experiencing homelessness to purchase any items or services that constitute emergency relief.(12)The provision of mentorship and service coordination.(13)The provision of services and supports to meet the particular needs of pregnant women, pregnant and parenting youth, and children birth to age five, experiencing homelessness.(14)The provision of services and supports to meet the particular needs of unaccompanied youth experiencing homelessness.(15)The provision of services and supports to meet the particular needs of survivors of domestic violence, sexual assault, or trafficking.(16)The provision of assistance in accessing advance refunds payable under section 6428(f) of the Internal Revenue Code of 1986 (commonly referred to as economic impact payments), unemployment compensation, and other benefits provided by Federal, State and local governments. (17)The provision of services and supports to prevent and respond to child abuse and neglect. (18)The provision of other extraordinary or emergency assistance needed to promote the safety and self-sufficiency of youth, children, and families experiencing homelessness.(19)Other purposes as determined by the Secretary.4.Authorization of appropriationsThere are authorized to be appropriated to carry out this Act $800,000,000.


117 HR 3734 IH: To amend title 23, United States Code, to increase the Federal share payable for certain projects in environmental justice communities, and for other purposes.
U.S. House of Representatives
2021-06-04
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.

I117th CONGRESS1st SessionH. R. 3734IN THE HOUSE OF REPRESENTATIVESJune 4, 2021Ms. Titus introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend title 23, United States Code, to increase the Federal share payable for certain projects in environmental justice communities, and for other purposes.1.Congestion mitigation and air quality improvement programSection 149(b) of title 23, United States Code, is amended—(1)in paragraph (8)(B) by striking ; or and inserting a semicolon;(2)in paragraph (9) by striking the period and inserting ; or; and(3)by adding at the end the following:(10)other projects that the Secretary determines to be more cost-effective in improving air quality than projects described in paragraphs (1) through (9)..2.Federal shareSection 120(b) of title 23, United States Code, is amended by adding at the end the following: (3)Environmental justice communities(A)In generalThe Secretary may increase the Federal share payable on account of a project or program eligible under section 149 by 10 percent, up to 100 percent of the total project cost of any such project, if the Secretary determines that the project benefits an environmental justice community through reducing adverse environmental exposures that may disproportionately impact such communities.(B)Environmental justice community definedIn this paragraph, the term environmental justice community means a community that is low-income or predominately populated by racial or ethnic minorities. .3.Formula modernization study(a)In generalNot later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a congestion mitigation and air quality formula modernization report.(b)AssessmentThe report under subsection (a) shall include an assessment by the Secretary as to whether the current apportionment method under section 104(b)(4) of title 23, United States Code, results in a distribution of funds that best achieves the air quality goals of section 149 of title 23, United States Code, taking into account the considerations described in subsection (c).(c)ConsiderationsTo support the assessment under paragraph (3), the Administrator shall provide an analysis of—(1)the factors that contribute to the current apportionment, including population, types of pollutants, and severity of pollutants;(2)the weighting of the factors listed in paragraph (1); and(3)the recency of the data used in making the apportionment under section 104(b)(4) of title 23, United States Code.(d)RecommendationsIf, under the assessment under subsection (b), the Secretary finds that modifying the current apportionment method under section 104(b)(4) of title 23, United States Code, would best achieve the air quality goals of this section, the Secretary shall, in consultation with the Administrator, include in the report under subsection (a) recommendations on a new apportionment method including—(1)the factors recommended to be included in such apportionment method;(2)the weighting recommended to be applied to the factors under subsection (c)(1); and(3)any other recommendations to ensure that the apportionment method best achieves the air quality goals of section 149 of title 23, United States Code.


115 HR 3861 RH: Federal Insurance Office Reform Act of 2018
U.S. House of Representatives
2017-09-28
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.

		IB
		Union Calendar No. 789
		115th CONGRESS2d Session
		H. R. 3861
		[Report No. 115–1008]
		IN THE HOUSE OF REPRESENTATIVES

			September 28, 2017
			Mr. Duffy (for himself and Mr. Heck) introduced the following bill; which was referred to the Committee on Financial Services

		November 2, 2018Additional sponsors: Mr. Poliquin, Mr. Budd, Ms. Tenney, Mr. Rothfus, Mr. Zeldin, Mr. Williams, Mr. Hultgren, Mr. Ross, Mr. Emmer, Mr. Graves of Missouri, Mr. Walberg, Mr. Moolenaar, Mr. Cuellar, Mr. Latta, Mr. Renacci, Mr. Young of Iowa, Mr. Barletta, Mr. Smucker, Mrs. Noem, and Mr. Brat
			November 2, 2018
			Reported with an amendment, committed to the Committee of the Whole House on the State of the
			 Union, and ordered to be printed
			Strike out all after the enacting clause and insert the part printed in italic
			For text of introduced bill, see copy of bill as introduced on September 28, 2017

		A BILL
		To reform the Federal Insurance Office of the Department of the Treasury, and for other purposes.

 1.Short titleThis Act may be cited as the Federal Insurance Office Reform Act of 2018. 2.Reform of Federal Insurance Office (a)In generalSection 313 of title 31, United States Code, is amended as follows:
 (1)LeadershipIn the first sentence of subsection (b), by inserting before the period at the end the following: after consultation with State insurance commissioners. (2)FunctionsIn subsection (c)(1)—
 (A)in subparagraph (E), by striking to coordinate and all that follows through United States and inserting the following: to coordinate Federal efforts, and to coordinate with the States, in developing Federal policy on prudential aspects of international insurance matters, including representing the Federal Government;
 (B)in subparagraph (F), by striking to determine and inserting to assist the Secretary in determining; and (C)by striking subparagraph (G) and inserting the following:

 (G)to consult and work toward consensus with the States (including State insurance regulators) on matters of international importance; and.
 (3)Gathering of informationIn subsection (e)— (A)in paragraph (1)—
 (i)in the matter preceding subparagraph (A), by striking may— and inserting may enter into information-sharing agreements.; and (ii)by striking subparagraphs (A) through (D);
 (B)by striking paragraphs (2), (3), (4), and (6); and (C)by redesignating paragraph (5) as paragraph (2).
 (4)Preemption of State insurance measuresIn subsection (f), by striking Director each place such term appears and inserting Secretary. (5)ConsultationIn subsection (i)—
 (A)by striking to the extent the Director determines appropriate,; and (B)by inserting before the period at the end the following: and shall seek to include in such meetings, State insurance commissioners, or at the option of the State insurance commissioners, designees acting at the direction of the State insurance commissioners, throughout the negotiations of a covered agreement.
 (6)Retention of existing State regulatory authorityIn subsection (k), by inserting before the period at the end the following: or with the authority to participate in a supervisory college or similar regulatory process. (7)Repeal of certain reports requirementsBy striking subsections (o) and (p) and redesignating subsections (q) through (s) as subsections (o) through (q), respectively.
 (8)DefinitionIn subsection (p)(2), as so redesignated by paragraph (7)— (A)in subparagraph (A), by striking and at the end;
 (B)in subparagraph (B), by striking the period at the end and inserting ; and; and (C)by adding at the end the following new subparagraph:

 (C)does not include new prudential requirements for United States insurers.. (b)Conforming amendmentSubparagraph (E) of section 313(c)(1) of title 31, United States Code, is amended by striking subsection (r) and inserting subsection (p).
 3.Treatment of Terrorism Risk Insurance ActThis Act and the amendments made by this Act may not be construed to affect any responsibilities, duties, or authorities of the Secretary of the Treasury under the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note).

		November 2, 2018
		Reported with an amendment, committed to the Committee of the Whole House on the State of the
			 Union, and ordered to be printed


114 HR 646 IH: Lower Farmington River and Salmon Brook Wild and Scenic River Act
U.S. House of Representatives
2015-02-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 646
IN THE HOUSE OF REPRESENTATIVES

February 2, 2015
Ms. Esty (for herself and Mr. Larson of Connecticut) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL
To amend the Wild and Scenic Rivers Act to designate certain segments of the Farmington River and Salmon Brook in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes.

1.Short titleThis Act may be cited as the Lower Farmington River and Salmon Brook Wild and Scenic River Act. 2.FindingsThe Congress finds that—
(1)the Lower Farmington River and Salmon Brook Study Act of 2005 (Public Law 109–370) authorized the study of the Farmington River downstream from the segment designated as a recreational river by section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(a)(156)) to its confluence with the Connecticut River, and the segment of the Salmon Brook including its main stem and east and west branches for potential inclusion in the National Wild and Scenic Rivers System; (2)the studied segments of the Lower Farmington River and Salmon Brook support natural, cultural, and recreational resources of exceptional significance to the citizens of Connecticut and the Nation;
(3)concurrently with the preparation of the study, the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee prepared the Lower Farmington River and Salmon Brook Management Plan, June 2011, that establishes objectives, standards, and action programs that will ensure the long-term protection of the outstanding values of the river segments without Federal management of affected lands not owned by the United States; (4)the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee has voted in favor of Wild and Scenic River designation for the river segments, and has included this recommendation as an integral part of the management plan;
(5)there is strong local support for the protection of the Lower Farmington River and Salmon Brook, including votes of support for Wild and Scenic designation from the governing bodies of all ten communities abutting the study area; (6)the State of Connecticut General Assembly has endorsed the designation of the Lower Farmington River and Salmon Brook as components of the National Wild and Scenic Rivers System (Public Act 08–37); and
(7)the Rainbow Dam and Reservoir are located entirely outside of the river segment designated by section 3 of this Act, and, based on the findings of the study of the Lower Farmington River pursuant to Public Law 109–370, this hydroelectric project (including all aspects of its facilities, operations and transmission lines) is compatible with the designation made by section 3 of this Act. 3.DesignationSection 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph:

(208)Lower farmington river and salmon brook, ConnecticutSegments of the main stem and its tributary, Salmon Brook, totaling approximately 62 miles, to be administered by the Secretary of the Interior as follows: (A)The approximately 27.2-mile segment of the Farmington River beginning 0.2 miles below the tailrace of the Lower Collinsville Dam and extending to the site of the Spoonville Dam in Bloomfield and East Granby as a recreational river.
(B)The approximately 8.1-mile segment of the Farmington River extending from 0.5 miles below the Rainbow Dam to the confluence with the Connecticut River in Windsor as a recreational river. (C)The approximately 2.4-mile segment of the main stem of Salmon Brook extending from the confluence of the East and West Branches to the confluence with the Farmington River as a recreational river.
(D)The approximately 12.6-mile segment of the West Branch of Salmon Brook extending from its headwaters in Hartland, Connecticut to its confluence with the East Branch of Salmon Brook as a recreational river. (E)The approximately 11.4-mile segment of the East Branch of Salmon Brook extending from the Massachusetts-Connecticut State line to the confluence with the West Branch of Salmon Brook as a recreational river..
4.Management
(a)In generalThe river segments designated by section 3 shall be managed in accordance with the management plan and such amendments to the management plan as the Secretary determines are consistent with this Act. The management plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (b)CommitteeThe Secretary shall coordinate the management responsibilities of the Secretary under this Act with the Lower Farmington River and Salmon Brook Wild and Scenic Committee, as specified in the management plan.
(c)Cooperative agreements
(1)In generalIn order to provide for the long-term protection, preservation, and enhancement of the river segment designated by section 3 of this Act, the Secretary is authorized to enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act with— (A)the State of Connecticut;
(B)the towns of Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut; and (C)appropriate local planning and environmental organizations.
(2)ConsistencyAll cooperative agreements provided for under this Act shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (d)Land management (1)Zoning ordinancesFor the purposes of the segments designated in section 3, the zoning ordinances adopted by the towns in Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut, including provisions for conservation of floodplains, wetlands and watercourses associated with the segments, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(2)Acquisition of landThe provisions of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that prohibit Federal acquisition of lands by condemnation shall apply to the segments designated in section 3 of this Act. The authority of the Secretary to acquire lands for the purposes of the segments designated in section 3 of this Act shall be limited to acquisition by donation or acquisition with the consent of the owner of the lands, and shall be subject to the additional criteria set forth in the management plan. (e)Rainbow DamThe designation made by section 3 shall not be construed to—
(1)prohibit, pre-empt, or abridge the potential future licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations and transmission lines) by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project under the Federal Power Act; or (2)affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at Rainbow Dam and Reservoir.
(f)Relation to National Park SystemNotwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Lower Farmington River shall not be administered as part of the National Park System or be subject to regulations which govern the National Park System. 5.Farmington River, Connecticut, designation revisionSection 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended in the first sentence—
(1)by striking 14-mile and inserting 15.1-mile; and (2)by striking to the downstream end of the New Hartford-Canton, Connecticut town line and inserting to the confluence with the Nepaug River.
6.DefinitionsFor the purposes of this Act: (1)Management planThe term management plan means the management plan referred to in section 2(3).
(2)SecretaryThe term Secretary means the Secretary of the Interior.


115 S1349 IS: Leadership Recognition Act
U.S. Senate
2017-06-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS1st Session
		S. 1349
		IN THE SENATE OF THE UNITED STATES

			June 14, 2017
			Mrs. Ernst (for herself and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Armed Services

		A BILL
		To provide that the rate of military basic pay for the Senior Enlisted Advisors to the commanders
			 of the combatant commands shall be equivalent to the rate of military
			 basic pay for the Senior Enlisted Advisor to the Chairman of the Joint
			 Chiefs of Staff, and for other purposes.

 1.Short titleThis Act may be cited as the Leadership Recognition Act. 2.Rate of military basic pay for the Senior Enlisted Advisors to the commanders of the combatant commands (a)In generalEffective for months beginning on or after January 1, 2017, the rate of monthly basic pay for the Senior Enlisted Advisors to the commanders of the combatant commands shall be equivalent to the rate of monthly basic pay for the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff.
 (b)Conforming amendmentEffective with respect to months beginning on or after January 1, 2017, footnote 2 accompanying the enlisted members pay table in section 601(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2245; 37 U.S.C. 1009 note) is amended by striking or Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff and inserting Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, or Senior Enlisted Advisor to the commander of a combatant command.
			3.Report on inclusion of additional senior enlisted members among enlisted members entitled to
			 elevated rate of military basic pay
 (a)Report requiredNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth an assessment of the advisability of including additional senior enlisted members of the Armed Forces among the most senior enlisted members of the Armed Forces who are entitled to an elevated rate of military basic pay by reason of footnote 2 accompanying the enlisted members pay table in section 601(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2245; 37 U.S.C. 1009 note) and related guidance (including the material commonly appearing as footnote 4 accompanying the annual military pay tables published by the Defense Finance and Accounting Service).
 (b)Members or categories of membersIf the Secretary determines that the inclusion of any additional enlisted members or categories of enlisted members as described in subsection (a) is advisable, the report under that subsection shall specify such additional members or categories of members.
			4.Modification of authority of President to determine alternative pay adjustment in annual basic pay
			 of members of the uniformed services
 (a)ModificationSection 1009(e) of title 37, United States Code, is amended— (1)in paragraph (1), by striking or serious economic conditions affecting the general welfare;
 (2)by striking paragraph (2); and (3)by redesignating paragraph (3) as paragraph (2).
 (b)Effective dateThe amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and—
 (1)if the date of the enactment of this Act occurs before September 1 of a year, shall apply with respect to plans for alternative pay adjustments for any year beginning after such year; and
 (2)if the date of the enactment of this Act occurs after August 31 of a year, shall apply with respect to plans for alternative pay adjustments for any year beginning after the year following such year.


115 HR 744 IH: Truth in Employment Act of 2017
U.S. House of Representatives
2017-01-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 744IN THE HOUSE OF REPRESENTATIVESJanuary 30, 2017Mr. King of Iowa introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend the National Labor Relations Act to protect employer rights.

 1.Short titleThis Act may be cited as the Truth in Employment Act of 2017. 2.Findings and purpose (a)FindingsCongress finds the following:
 (1)An atmosphere of trust and civility in labor-management relationships is essential to a productive workplace and a healthy economy.
 (2)The tactic of using professional union organizers and agents to infiltrate a targeted employer’s workplace, a practice commonly referred to as salting has evolved into an aggressive form of harassment not contemplated when the National Labor Relations Act was enacted and threatens the balance of rights which is fundamental to collective bargaining.
 (3)Increasingly, union organizers are seeking employment with nonunion employers not because of a desire to work for such employers but primarily to organize the employees of such employers or to inflict economic harm specifically designed to put nonunion competitors out of business, or to do both.
 (4)While no employer may discriminate against employees based upon the views of employees concerning collective bargaining, an employer should have the right to expect job applicants to be primarily interested in utilizing the skills of the applicants to further the goals of the business of the employer.
 (b)PurposesThe purposes of this Act are— (1)to preserve the balance of rights between employers, employees, and labor organizations which is fundamental to collective bargaining;
 (2)to preserve the rights of workers to organize, or otherwise engage in concerted activities protected under the National Labor Relations Act; and
 (3)to alleviate pressure on employers to hire individuals who seek or gain employment in order to disrupt the workplace of the employer or otherwise inflict economic harm designed to put the employer out of business.
 3.Protection of employer rightsSection 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended by adding after and below paragraph (5) the following:

				Nothing in this subsection shall be construed as requiring an employer to employ any person who
			 seeks or has sought employment with the employer in furtherance of other
			 employment or agency status..


116 S2185 IS: Good Jobs for 21st Century Energy Act
U.S. Senate
2019-07-18
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
		116th CONGRESS1st Session
		S. 2185
		IN THE SENATE OF THE UNITED STATES

			July 18, 2019
			Mr. Merkley (for himself, Mrs. Gillibrand, Mr. Blumenthal, Ms. Smith, Mr. Booker, Ms. Harris, Ms. Stabenow, Mr. Brown, Ms. Hirono, Mr. Schatz, and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To provide labor standards for certain energy jobs, and for other purposes.

		1.Short title
 This Act may be cited as the Good Jobs for 21st Century Energy Act.
		2.Department of Labor certification of qualified entities
 (a)DefinitionsIn this section: (1)Applicable construction projectThe term applicable construction project, with respect to an entity, means construction by the entity of any property described in section 45L, 48D, or 179D of the Internal Revenue Code of 1986.
 (2)Covered project labor agreementThe term covered project labor agreement means a project labor agreement that— (A)binds all contractors and subcontractors on the construction project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents;
 (B)allows all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise a party to a collective bargaining agreement;
 (C)contains guarantees against strikes, lockouts, and other similar job disruptions; (D)sets forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the covered project labor agreement; and
 (E)provides other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health.
 (3)Project labor agreementThe term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is described in section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)).
 (4)Qualified entityThe term qualified entity means an entity that the Secretary of Labor certifies as a qualified entity in accordance with subsection (b).
 (5)Registered apprenticeship programThe term registered apprenticeship program has the meaning given the term in section 171 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226).
				(b)Certification of qualified entities
 (1)In generalThe Secretary of Labor shall establish a process for certifying entities that submit an application under paragraph (2) as qualified entities for purposes of the amendments made by sections 3, 4, and 5.
				(2)Application process
 (A)In generalAn entity seeking certification as a qualified entity under this subsection shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary may reasonably require, including information to demonstrate compliance with the requirements under paragraph (3).
 (B)Requests for additional informationNot later than 1 year after receiving an application from an entity under subparagraph (A)— (i)the Secretary of Labor may request additional information from the entity in order to determine whether the entity is in compliance with the requirements under paragraph (3); and
 (ii)the entity shall provide such additional information. (C)Determination deadlineThe Secretary of Labor shall make a determination on whether to certify an entity under this subsection not later than—
 (i)in a case in which the Secretary requests additional information described in subparagraph (B)(i), 1 year after the Secretary receives such additional information from the entity; or
 (ii)in a case that is not described in clause (i), 1 year after the date on which the entity submits the application under subparagraph (A).
 (D)Pre-certification remediesThe Secretary shall consider any corrective actions taken by an entity seeking certification under this subsection to remedy an administrative merits determination, arbitral award or decision, or civil judgment identified under paragraph (3)(A)(iv) and shall impose as a condition of certification any additional remedies necessary to avoid further or repeated violations.
					(3)Labor standards requirements
 (A)In generalThe Secretary of Labor shall require an entity, as a condition of certification under this subsection, to satisfy each of the following requirements:
 (i)The entity shall ensure that all laborers and mechanics employed by contractors and subcontractors in the performance of any applicable construction project shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act).
 (ii)The entity shall give preference in hiring to workers who— (I)have been previously employed in the fossil fuel industry;
 (II)are members of deindustrialized communities; or (III)are members of communities with a significant presence of fossil fuel infrastructure or operations.
 (iii)The entity shall be a party to, or require contractors and subcontractors in the performance of any applicable construction project to consent to, a covered project labor agreement.
 (iv)The entity, and all contractors and subcontractors in performance of any applicable construction project, shall represent in the application submitted under paragraph (2) whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the entity in the preceding 3 years for violations of—
 (I)the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); (II)the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.);
 (III)the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.); (IV)the National Labor Relations Act (29 U.S.C. 151 et seq.);
 (V)subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act); (VI)chapter 67 of title 41, United States Code (commonly known as the Service Contract Act);
 (VII)Executive Order 11246 (42 U.S.C. 2000e note; relating to equal employment opportunity); (VIII)section 503 of the Rehabilitation Act of 1973 (29 U.S.C. 793);
 (IX)section 4212 of title 38, United States Code; (X)the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.);
 (XI)title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); (XII)the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
 (XIII)the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.); (XIV)Executive Order 13658 (79 Fed. Reg. 9851; relating to establishing a minimum wage for contractors); or
 (XV)equivalent State laws, as defined in guidance issued by the Secretary of Labor. (v)The entity, and all contractors and subcontractors in the performance of any applicable construction project, shall not require mandatory arbitration for any dispute involving a worker engaged in a service for the entity.
 (vi)The entity, and all contractors and subcontractors in the performance of any applicable construction project, shall consider an individual performing any service in such performance as an employee (and not an independent contractor) of the entity, contractor, or subcontractor, respectively, unless—
 (I)the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact;
 (II)the service is performed outside the usual course of the business of the entity, contractor, or subcontractor, respectively; and
 (III)the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service.
 (vii)The entity shall prohibit all contractors and subcontractors in the performance of any applicable construction project from hiring employees through a temporary staffing agency unless the relevant State workforce agency certifies that temporary employees are necessary to address an acute, short-term labor demand.
 (viii)The entity shall require all contractors, subcontractors, successors in interest of the entity, and other entities that may acquire the entity, in the performance or acquisition of any applicable construction project, to have an explicit neutrality policy on any issue involving the organization of employees of the entity, and all contractors and subcontractors in the performance of any applicable construction project, for purposes of collective bargaining.
						(ix)
 The entity shall, for each skilled craft employed on any applicable construction project, demonstrate an ability to use and commit to use individuals enrolled in a registered apprenticeship program, which such individuals shall, to the greatest extent practicable, constitute not less than 20 percent of the individuals working on such project.
 (x)The entity, and all contractors and subcontractors in the performance of any applicable construction project, shall not request or otherwise consider the criminal history of an applicant for employment before extending a conditional offer to the applicant, unless—
 (I)a background check is otherwise required by law; (II)the position is for a Federal law enforcement officer (as defined in section 115(c) of title 18, United States Code) position; or
 (III)the Secretary, in consultation with the Secretary of Energy, certifies that precluding criminal history prior to the conditional offer would pose a threat to national security.
 (B)Davis-Bacon ActThe Secretary of Labor shall have, with respect to the labor standards described in subparagraph (A)(i), the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
 (4)Period of validity for certificationsA certification made under this subsection shall be in effect for a period of 5 years. An entity may reapply to the Secretary of Labor for an additional certification under this subsection in accordance with the application process under paragraph (2).
 (5)Revocation of qualified entity statusThe Secretary of Labor may revoke the certification of an entity under this subsection as a qualified entity at any time in which the Secretary determines the entity is no longer in compliance with paragraph (3).
 (c)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2019 and each fiscal year thereafter.
			3.Jobs in Energy credit
 (a)In generalSubpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section:

					48D.Jobs in Energy credit
						(a)Investment credit for qualified property
 For purposes of section 46, the Jobs in Energy credit for any taxable year in which the taxpayer has been certified as a qualified entity (as defined in subsection (e)) is an amount equal to 10 percent of the qualified investment for such taxable year with respect to—
 (1)any qualified facility, (2)qualified carbon capture and sequestration equipment, and
 (3)energy storage property.
							(b)Qualified investment with respect to any qualified facility
 (1)In generalFor purposes of subsection (a)(1), the qualified investment with respect to any qualified facility for any taxable year is the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a qualified facility.
 (2)Qualified propertyThe term qualified property means property— (A)which is—
 (i)tangible personal property, or (ii)other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualified facility,
 (B)with respect to which depreciation (or amortization in lieu of depreciation) is allowable, (C)which is constructed, reconstructed, erected, or acquired by the taxpayer, and
 (D)the original use of which commences with the taxpayer. (3)Qualified facility For purposes of this section, the term qualified facility means a facility which is—
 (A)(i)used for the generation of electricity from qualified energy resources (as such term is defined in section 45(c)(1)), or
 (ii)described in section 638(a)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16014(a)(1)), and (B)originally placed in service after December 31, 2020.
								(c)Qualified investment with respect to qualified carbon capture and sequestration equipment
 (1)In generalFor purposes of subsection (a)(2), the qualified investment with respect to qualified carbon capture and sequestration equipment for any taxable year is the basis of any qualified carbon capture and sequestration equipment placed in service by the taxpayer during such taxable year.
 (2)Qualified carbon capture and sequestration equipmentThe term qualified carbon capture and sequestration equipment means property— (A)installed at a facility placed in service before January 1, 2021, which—
 (i)produces electricity, or (ii)emits greenhouse gases as a result of industrial processes,
 (B)which results in the elimination of carbon dioxide emissions from the facility through the capture and disposal or utilization of qualified carbon dioxide (as defined in paragraph (3)),
 (C)with respect to which depreciation is allowable, (D)which is constructed, reconstructed, erected, or acquired by the taxpayer, and
 (E)the original use of which commences with the taxpayer. (3)Qualified carbon dioxide The term qualified carbon dioxide means carbon dioxide captured from an industrial source which—
 (A)would otherwise be released into the atmosphere as industrial emission of greenhouse gas, (B)is measured at the source of capture and verified at the point of disposal or utilization,
 (C)(i)is disposed of by the taxpayer in secure geological storage (as such term is defined under section 45Q(f)(2)), or
 (ii)utilized by the taxpayer in a manner described in section 45Q(f)(5), and (D)is captured and disposed or utilized within the United States (within the meaning of section 638(1)) or a possession of the United States (within the meaning of section 638(2)).
								(d)Qualified investment with respect to energy storage property
 (1)In generalFor purposes of subsection (a)(3), the qualified investment with respect to energy storage property for any taxable year is the basis of any energy storage property placed in service by the taxpayer during such taxable year.
 (2)Energy storage propertyThe term energy storage property means property— (A)which receives, stores, and delivers electricity, or energy for conversion to electricity, provided that such electricity is—
 (i)sold by the taxpayer to an unrelated person, or (ii)in the case of a facility which is equipped with a metering device which is owned and operated by an unrelated person, sold or consumed by the taxpayer,
 (B)with respect to which depreciation is allowable, (C)which is constructed, reconstructed, erected, or acquired by the taxpayer,
 (D)the original use of which commences with the taxpayer, and (E)which is placed in service after December 31, 2020.
								(e)Qualified entity
 (1)In generalFor purposes of this section, the term qualified entity means an entity which has been certified by the Secretary of Labor as being in compliance with all of the applicable requirements under section 2 of the Good Jobs for 21st Century Energy Act.
 (2)Aggregation ruleAll persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer.
 (3)Requirement for certification prior to constructionFor purposes of this section, an entity shall not be considered a qualified entity unless such entity—
 (A)has been certified by the Secretary of Labor as being in compliance with all of the applicable requirements described in paragraph (1) prior to the date with respect to which construction of the property begins, and
 (B)maintains such certification for the entirety of the period beginning on the date described in subparagraph (A) and ending on the date in which the property is placed in service.
								.
			(b)Conforming amendments
 (1)Section 46 of such Code is amended— (A)by striking “and” at the end of paragraph (5),
 (B)by striking the period at the end of paragraph (6) and inserting “, and”, and
 (C)by adding at the end the following new paragraph:

 (7)the Jobs in Energy credit.. (2)Section 49(a)(1)(C) of such Code is amended—
 (A)by striking “and” at the end of clause (iv), (B)by striking the period at the end of clause (v) and inserting a comma, and
 (C)by adding at the end the following new clauses:

 (vi)the basis of any qualified property which is part of a qualified facility under section 48D, (vii)the basis of any qualified carbon capture and sequestration equipment under section 48D, and
 (viii)the basis of any energy storage property under section 48D.. (3) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item:
					48D. Jobs in Energy credit..
 (c)Effective dateThe amendments made by this section shall apply to property placed in service after December 31, 2020.
			4.Extension and enhancement of new energy efficient home credit
 (a)ExtensionSubsection (g) of section 45L of the Internal Revenue Code of 1986 is amended by striking December 31, 2017 and inserting December 31, 2030. (b)Increase in credit for qualified entitiesSubsection (a) of such section is amended by adding at the end the following:

 (3)Adjustment for qualified entitiesIn the case of any taxable year in which the eligible contractor has been certified as a qualified entity (as defined in section 48D(e)), paragraph (2) shall be applied—
 (A)in subparagraph (A) of such paragraph, by substituting $2,200 for $2,000, and (B)in subparagraph (B) of such paragraph, by substituting $1,100 for $1,000..
 (c)Effective dateThe amendments made by this section shall apply to any qualified new energy efficient home acquired after December 31, 2020.
			5.Extension and enhancement of energy efficient commercial building deduction
 (a)ExtensionSubsection (h) of section 179D of the Internal Revenue Code of 1986 is amended by striking December 31, 2017 and inserting December 31, 2030. (b)Increase in deduction for qualified entitiesSubsection (d) of such section is amended by adding at the end the following:

 (7)Adjustment for qualified entitiesIn the case of any energy efficient commercial building property placed in service during any taxable year, if such property was installed by an entity which is certified as a qualified entity (as defined in section 48D(e)) for such taxable year, subsection (b)(1) shall be applied by substituting $2.00 for $1.80 in subparagraph (A) thereof.
					.
 (c)Effective dateThe amendments made by this section shall apply to any property placed in service after December 31, 2020.
			6.Clean energy manufacturing initiative
 (a)In generalThe Secretary of Energy (referred to in this section as the Secretary) shall establish a Clean Energy Manufacturing Initiative within the Department of Energy— (1)to increase the competitiveness of the United States in manufacturing clean energy technologies;
 (2)to increase the competitiveness of the United States across the manufacturing sector by— (A)boosting energy productivity; and
 (B)leveraging clean affordable domestic energy resources and feedstocks; and (3)to develop manufacturing supply chains—
 (A)for the clean energy economy; (B)that prioritize family-sustaining jobs; and
 (C)that prioritize the development of manufacturing facilities in deindustrialized communities. (b)Clean jobs workforce hub (1)In generalAs part of the Clean Energy Manufacturing Initiative established under subsection (a), the Secretary shall establish a clean jobs workforce hub under which the Secretary shall convene the entities described in paragraph (2) to work together to train and provide direct assistance to underserved communities in accessing renewable energy-related jobs.
 (2)Entities describedThe entities referred to in paragraph (1) are— (A)labor organizations;
 (B)renewable energy employers and industry; (C)frontline and deindustrialized communities; and
 (D)any other community, industry, or public sector stakeholders, as determined by the Secretary. (3)FundingOf the funding authorized under subsection (c) for each fiscal year, the Secretary shall use to carry out this subsection $25,000,000 each fiscal year.
 (c)Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for fiscal year 2019 and each fiscal year thereafter.
			7.Job creation through energy efficient manufacturing
 (a)DefinitionsIn this section: (1)Energy management planThe term energy management plan means a plan established under subsection (b)(3)(D).
 (2)ProgramThe term program means the Financing Energy Efficient Manufacturing Program established under subsection (b)(1). (3)Program managerThe term program manager means a qualified entity that receives a grant under subsection (b)(1).
 (4)ProjectThe term project means an energy efficiency improvement project carried out by a small- or medium-sized manufacturer using grant funds distributed by a project manager.
 (5)Qualified entityThe term qualified entity means— (A)a State energy office;
 (B)a nonprofit organization that— (i)is focused on providing energy efficiency or renewable energy services; and
 (ii)receives funding from a State, Tribe, or utility; (C)an electric cooperative group; and
 (D)an entity with a public-private partnership under the Hollings Manufacturing Extension Partnership established under section 25(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(b)).
 (6)SecretaryThe term Secretary means the Secretary of Energy. (7)Small- or medium-sized manufacturerThe term small- or medium-sized manufacturer means a manufacturing establishment—
 (A)classified in Sector 31, 32, or 33 in the North American Industry Classification System; and (B)that employs not more than 750 employees.
					(b)Financing energy efficient manufacturing program
 (1)EstablishmentThe Secretary shall establish a program, to be known as the Financing Energy Efficient Manufacturing Program to provide grants to qualified entities to fund energy efficiency improvement projects in the manufacturing sector.
				(2)Grant applications; selection of grant recipients
					(A)Grant applications
 (i)In generalNot later than 180 days after the date of enactment of this Act, qualified entities desiring a grant under paragraph (1) shall submit to the Secretary an application in such manner and containing such information as the Secretary may require, including a description of—
 (I)how the qualified entity will work with small- and medium-sized manufacturers to assess the most promising opportunities for energy efficiency improvements;
 (II)how the qualified entity will work with small- and medium-sized manufacturers and, if appropriate, licensed engineers to establish an energy management plan for the small- or medium-sized manufacturer to carry out a project;
 (III)the methods and cost-sharing plans the qualified entity will use to distribute funds to small- and medium-sized manufacturers to subsidize the costs of carrying out a project;
 (IV)the standards by which the qualified entity will set energy efficiency goals for a project that will result in meaningful reductions in electricity or natural gas use by the small- or medium-sized manufacturer carrying out the project;
 (V)how the qualified entity will provide support to the small- or medium-sized manufacturer carrying out a project during the implementation of the energy management plan;
 (VI)(aa)any history of the qualified entity of working collaboratively with the regional technical assistance programs of the Department; and
 (bb)how the qualified entity plans to involve the regional technical assistance programs in the activities to be funded by a grant; and
 (VII)how the qualified entity will collect measurements throughout the implementation of the energy management plan—
 (aa)to demonstrate how energy efficiency improvements are being achieved; and (bb)to maximize opportunities for project success.
 (ii)PartnershipsTwo or more qualified entities may form a partnership to apply, and act as program manager, for a grant under this paragraph.
						(B)Selection of grant recipients
 (i)In generalNot later than 90 days after the date on which the Secretary receives an application under subparagraph (A), the Secretary shall—
 (I)review the application; (II)provide the applicant with an opportunity to respond to any questions of the Secretary regarding the application; and
 (III)select or deny the applicant based on the criteria described in clause (ii). (ii)Selection criteria (I)In generalThe Secretary shall select for grants under this paragraph qualified entities that demonstrate a history of successfully implementing energy efficiency improvement programs for small- and medium-sized manufacturers.
 (II)PriorityIn making selections under subclause (I), the Secretary shall give priority to qualified entities that demonstrate—
 (aa)effective methods for reducing barriers to entry that might otherwise prevent small- and medium-sized manufacturers from participating in the subgrant program under paragraph (3);
 (bb)flexibility in addressing the needs of different small- and medium-sized manufacturers; and (cc)a commitment to hiring for projects contractors that comply with the labor requirements described in paragraph (4)(B).
								(3)Subgrants for energy efficiency improvements
 (A)In generalA qualified entity (including a partnership of 1 or more qualified entities under paragraph (2)(A)(ii)) that receives a grant under paragraph (1) shall act as a program manager to distribute subgrants to small- and medium-sized manufacturers located in the State in which the program manager is located to carry out projects—
 (i)to improve the energy efficiency of the small- or medium-sized manufacturer; and (ii)to develop technologies to reduce electricity or natural gas use by the small- or medium-sized manufacturer.
 (B)ApplicationsA small- or medium-sized manufacturer desiring a subgrant under subparagraph (A) shall submit to the program manager an application at such time, in such manner, and containing such information as the program manager may require, including a proposal describing the project to be carried out using the subgrant funds.
 (C)PriorityIn selecting small- or medium-sized manufacturers for subgrants under this paragraph, the program manager shall give priority to small- or medium-sized manufacturers that commit to hiring for projects contractors that comply with the labor requirements described in paragraph (4)(B).
 (D)Eligibility requirementsTo be eligible to receive a subgrant under subparagraph (A), a small- or medium-sized manufacturer shall be a private, nongovernmental entity.
 (E)Energy management plansEach small- or medium-sized manufacturer receiving a subgrant under subparagraph (A), in consultation with the program manager and, if appropriate, 1 or more licensed engineers, shall establish an energy management plan for the small- or medium-sized manufacturer to carry out the project.
 (F)Effect on title to propertyThe receipt of Federal funds under this paragraph shall not prohibit an entity that purchased equipment or other property using those funds from owning sole, permanent title to the equipment or other property.
					(4)Contractors
 (A)In generalProgram managers and small- or medium-sized manufacturers may hire, if necessary, contractors to perform work relating to the installation, repair, or maintenance of equipment used under a project.
 (B)Labor requirementsIn an application for a grant or subgrant under this subsection, a program manager or a small- or medium-sized manufacturer, respectively, shall commit to hiring contractors that are certified by the Secretary of Labor under section 2 as being in compliance with all of the applicable requirements under that section.
					(5)American iron, steel, and manufactured products
 (A)DefinitionsIn this paragraph: (i)Iron or steel manufactured productThe term iron or steel manufactured product includes any construction material or end product (as those terms are defined in subpart 25.003 of the Federal Acquisition Regulation) that does not otherwise qualify as an iron or steel product, including—
 (I)an electrical component; (II)a non-ferrous building material, including—
 (aa)aluminum and polyvinylchloride; (bb)glass;
 (cc)fiber optics; (dd)plastic;
 (ee)wood; (ff)masonry;
 (gg)rubber; (hh)manufactured stone; and
 (ii)any other non-ferrous metals; and (III)any unmanufactured construction material.
							(ii)Produced in the united states
 (I)In generalThe term produced in the United States— (aa)with respect to an iron or steel product or an iron or steel manufactured product, means that all manufacturing processes for, and materials and components of, the iron or steel product or iron or steel manufactured product, from the initial melting stage through the application of coatings, occurred in the United States; and
 (bb)with respect to an iron or steel manufactured product, means that— (AA)the iron or steel manufactured product was manufactured in the United States; and
 (BB)the cost of the components of the iron or steel manufactured product that were mined, produced, or manufactured in the United States is greater than 60 percent of the total cost of the components of the iron or steel manufactured product.
 (II)ExclusionsThe term produced in the United States, with respect to an iron or steel product or an iron or steel manufactured product, does not include an iron or steel product or an iron or steel manufactured product the materials and components of which were manufactured—
 (aa)abroad from semi-finished steel or iron from the United States; or (bb)in the United States from semi-finished steel or iron of foreign origin.
 (B)RequirementFunds made available under the program may not be used for a project unless all of the iron and steel products and iron and steel manufactured products used in the project are produced in the United States.
					(C)Waiver
 (i)In generalOn request of the recipient of a grant under the program, the Secretary may grant for the project of the recipient of the grant a waiver of the requirement described in subparagraph (B) if the Secretary finds that—
 (I)the application of subparagraph (B) would be inconsistent with the public interest; (II)iron or steel products or iron or steel manufactured products are not produced in the United States—
 (aa)in sufficient and reasonably available quantities; or (bb)of a satisfactory quality; or
 (III)the inclusion of iron or steel products or iron or steel manufactured products produced in the United States would increase the cost of the overall project by greater than 25 percent.
 (ii)Public noticeOn receipt of a request for a waiver under clause (i), the Secretary shall— (I)make available to the public, including by electronic means, including on the official public website of the Department, on an informal basis, a copy of the request and all information available to the Secretary relating to the request; and
 (II)provide for informal public input on the request for a period of not fewer than 15 days before making with respect to the request the finding described in clause (i).
							(6)Reporting requirements
 (A)In generalEach program manager shall— (i)determine what data shall be required—
 (I)to be collected by or from each small- or medium-sized manufacturer receiving a subgrant under paragraph (3); and
 (II)to be submitted to the program manager to permit analysis of the subgrant program under paragraph (3); and
 (ii)develop metrics to determine the success of the subgrant program under paragraph (3). (B)Provision of dataAs a condition of receiving a subgrant under paragraph (3), a small- or medium-sized manufacturer shall provide to the program manager relevant data, as determined by the program manager under subparagraph (A)(i).
 (C)Proprietary informationIn carrying out this paragraph, each program manager, as appropriate, shall provide for the protection of proprietary information and intellectual property rights.
					(7)Funding
 (A)In generalOut of amounts made available to the Secretary and not otherwise obligated, the Secretary shall use to carry out this subsection not more than $600,000,000.
 (B)Requirements for program managersA program manager shall use not greater than 7 percent of the grant funds received by the program manager, at the discretion of the program manager—
 (i)to hire and train staff to assist the program manager in administering the subgrant program of the program manager; and
 (ii)to market the subgrant program to small- and medium-sized manufacturers. (C)Management and oversightThe Secretary may use not greater than 0.25 percent of the funds made available under subparagraph (A) to carry out paragraph (5).
 8.Incentives for innovative technologiesSection 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended— (1)by redesignating paragraphs (1) through (10) as subparagraphs (A) through (J), respectively, and indenting appropriately;
 (2)in the matter preceding subparagraph (A) (as so redesignated), by striking Projects and inserting the following:  (1)In generalProjects; and
 (3)by adding at the end the following:  (2)PriorityIn making guarantees under this section, the Secretary shall give priority to projects proposed by applicants that commit to hiring contractors that have been certified by the Secretary of Labor under section 2 of the Good Jobs for 21st Century Energy Act as being in compliance with all of the applicable requirements under that section..