114 S3532 IS: Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More Act of 2016
U.S. Senate
2016-12-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS2d SessionS. 3532IN THE SENATE OF THE UNITED STATESDecember 8, 2016Mr. Manchin (for himself, Mr. Brown, Mr. Kaine, Mr. Casey, and Mr. Warner) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo amend the Surface Mining Control and Reclamation Act of 1977 to provide funds to States and
			 Indian tribes for the purpose of promoting economic revitalization,
			 diversification, and development in economically distressed communities
			 through the reclamation and restoration of land and water resources
			 adversely affected by coal mining carried out before August 3, 1977, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More Act of 2016 or the RECLAIM Act of 2016 .
		2.Economic revitalization for coal country
 (a)In generalTitle IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended by adding at the end the following:

					416.Abandoned mine land economic revitalization
 (a)Definition of committedIn this section: (1)In generalThe term committed means that a State or Indian tribe receiving funds under this section has executed a project agreement with an applicant for the funds.
 (2)InclusionThe term committed includes, with respect to a project agreement, any amount used for project planning under subsection (g).
 (b)AuthorizationOf the amounts deposited in the fund under section 401(b) before October 1, 2007, and not otherwise appropriated, $200,000,000 shall be available to the Secretary, without further appropriation, for each of fiscal years 2017 through 2021 for distribution to States and Indian tribes in accordance with this section for the purpose of promoting economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977.
 (c)Use of fundsFunds distributed to a State or Indian tribe under subsection (d) shall be used only for those projects that meet the following criteria:
 (1)Related to the reclamation of abandoned mine land and watersThe project is designed— (A)to achieve one or more of the priorities stated in section 403(a); or
 (B)to be conducted on land adjacent to eligible land and waters described in section 403(a) that has previously been remediated or will be remediated under this section.
								(2)Contribution to future economic or community development
 (A)In generalThe project is reasonably likely to create favorable conditions, as demonstrated in accordance with subparagraph (B), for the economic development of the project site or promote the general welfare through economic and community development of the area in which the project is conducted.
 (B)Demonstration of conditionsThe conditions referred to in subparagraph (A) may be demonstrated by any documentation— (i)of the role of the project in the economic development strategy or other economic and community development planning process of the applicable area;
 (ii)of the planned economic and community use of the project site after the primary reclamation activities are completed, which may include contracts, agreements in principle, or other evidence that, once reclaimed, the site is reasonably anticipated to be used for one or more industrial, commercial, residential, agricultural, or recreational purposes; or
 (iii)agreed to by the State or Indian tribe that demonstrates the project will meet the criteria set forth in this subsection.
 (3)Location in community affected by recent decline in miningThe project will be conducted in a community— (A)that has been adversely affected economically by a reduction in coal mining-related activity over the preceding 5 years, as demonstrated by employment data, per capita income, or other indicators of reduced economic activity attributable to the reduction; or
 (B)(i)that has traditionally relied on coal mining for a substantial portion of the economy of the community; and
 (ii)in which the economic contribution of coal mining has significantly declined. (4)Stakeholder collaborationThe project has been—
 (A)the subject of project planning under subsection (g); and (B)the focus of collaboration, including partnerships, as appropriate, with interested persons or local organizations.
 (5)Eligible applicantsThe project has been proposed and will be executed by entities of State, local, county, or tribal government, which may include subcontracting project-related activities, as appropriate.
							(d)Distribution of funds
							(1)Uncertified States
 (A)In generalOf the amount made available under subsection (b), the Secretary shall distribute $195,000,000 for each of fiscal years 2017 through 2021 to States and Indian tribes that have a State program approved under section 405 or are referred to in section 402(g)(8)(B), and have not made a certification under section 411(a) in which the Secretary has concurred, as follows:
 (i)Fiscal years 2017 and 2018For each of fiscal years 2017 and 2018, the Secretary shall allocate to each State and Indian tribe the funds through a formula based on the quantity of coal historically produced in each State or from the land of each Indian tribe before August 3, 1977.
 (ii)Fiscal years 2019 through 2021For each of fiscal years 2019 through 2021, the Secretary shall allocate to each State and Indian tribe—
 (I)the amount allocated to the State or Indian tribe for fiscal year 2017, plus any amount reallocated to the State or Indian tribe under this paragraph, if the State or Indian tribe has committed the full amount of the allocation of the State or Indian tribe for the preceding fiscal year to eligible projects; or
 (II)if the State or Indian tribe has not committed the full amount of the allocation of the State or Indian tribe for the preceding fiscal year to eligible projects, an amount equal to the lesser of—
 (aa)the amount the State or Indian tribe has committed to eligible projects from the allocation of the State or Indian tribe for the preceding fiscal year; and
 (bb)the amount allocated to the State or Indian tribe for fiscal year 2017.
 (iii)Fiscal year 2022For fiscal year 2022, the Secretary shall allocate to each State and Indian tribe the amount reallocated to the State or Indian tribe under subparagraph (B), if the State or Indian tribe has committed the full amount of the allocation of the State or Indian tribe for fiscal year 2021 to eligible projects.
									(B)Reallocation of uncommitted funds
 (i)Fiscal year 2019 through 2021For each of fiscal years 2019 through 2021, the Secretary shall reallocate in accordance with clause (iii) any amount available for distribution under this subsection that has not been committed to eligible projects in the preceding 2 fiscal years, among the States and Indian tribes that have committed to eligible projects the full amount of the annual allocation of the State or Indian tribe for the preceding fiscal year as described in clause (iii).
 (ii)Fiscal year 2022For fiscal year 2022, the Secretary shall reallocate in accordance with clause (iii) any amount available for distribution under this subsection that has not been committed to eligible projects or distributed under subparagraph (A)(iii), among the States and Indian tribes that have committed to eligible projects the full amount of the annual allocation of the State or Indian tribe for fiscal year 2021.
 (iii)Amount of reallocationThe amount reallocated to each State and Indian tribe under each of clauses (i) and (ii) shall be determined by the Secretary to reflect, to the extent practicable—
 (I)the proportion of unreclaimed eligible land and waters the State or Indian tribe has in the inventory maintained under section 403(c); and
 (II)the proportion of coal mining employment loss incurred in the State or Indian land, respectively, as determined by the Mine Safety and Health Administration, over the 5-year period preceding the fiscal year for which the reallocation is made.
 (C)Supplemental fundsFunds distributed under this subsection— (i)shall be in addition to, and shall not affect, the amount of funds distributed to States and Indian tribes under section 401(f); and
 (ii)shall not reduce any funds distributed to a State or Indian tribe by reason of the application of section 402(g)(8).
									(2)Additional funding to certain States and Indian tribes
 (A)EligibilityOf the amount made available under subsection (b), the Secretary shall distribute $5,000,000 for each of the 5 fiscal years beginning in fiscal year 2017 to States and Indian tribes that—
 (i)have a State program approved under section 405; and
 (ii)(I)have made a certification under section 411(a) in which the Secretary has concurred; or (II)receive an allocation by reason of the application of section 402(g)(8)(A).
										(B)Application for funds
 (i)In generalUsing the process described in section 405(f), any State or Indian tribe described in subparagraph (A) may submit a grant application to the Secretary for funds under this paragraph.
 (ii)ReviewThe Secretary shall review each grant application to confirm that the projects identified in the application for funding are eligible under subsection (c).
 (C)Distribution of fundsThe amount of funds distributed to each State and Indian tribe under this paragraph shall be determined by the Secretary based on the demonstrated need for the funding to accomplish the purposes of this section.
 (e)Resolution of concerns of Secretary; congressional notificationIf the Secretary does not agree with a State or Indian tribe that a proposed project meets the criteria set forth in subsection (c)—
 (1)the Secretary and the State or Indian tribe shall meet and confer for a period of not less than 30 days to resolve the concerns of the Secretary;
 (2)during that period, the Secretary may consult with any appropriate Federal agency, such as the Appalachian Regional Commission, the Economic Development Administration, and the Bureau of Indian Affairs, to assist with the resolution of the concerns; and
 (3)at the end of that period, if the concerns of the Secretary are not resolved the Secretary shall provide to Congress an explanation of the concerns.
							(f)Acid mine drainage treatment
 (1)In generalSubject to paragraph (3), a State or Indian tribe that receives funds under this section may retain such portion of the funds as is necessary to supplement the acid mine drainage abatement and treatment fund of the State or Indian tribe established under section 402(g)(6)(A), for future operation and maintenance costs for the treatment of acid mine drainage associated with the individual projects funded under this section.
 (2)ApplicationA State or Indian tribe shall specify the total funds allotted for costs described in paragraph (1) in the application of the State or Indian tribe submitted under subsection (d)(2)(B).
 (3)ConditionA State or Indian tribe may retain and use funds under this subsection only if the State or Indian tribe demonstrates that the annual grant distributed to the State or Indian tribe pursuant to section 401(f), including any interest from the acid mine drainage abatement and treatment fund of the State or Indian tribe that is not used for the operation or maintenance of preexisting acid mine drainage treatment systems, is insufficient to fund the operation and maintenance of any acid mine drainage treatment system associated with an individual project funded under this section.
							(g)Project planning and administration
							(1)States and Indian tribes
 (A)In generalA State or Indian tribe may use up to 10 percent of the amounts distributed to the State or Indian tribe under this section for project planning and the costs of administering this section.
 (B)Planning requirementsPlanning under this paragraph may include— (i)identification of eligible projects;
 (ii)updating the inventory referred to in section 403(c); (iii)developing project designs;
 (iv)preparing cost estimates; or (v)engaging in other similar activities necessary to facilitate reclamation activities under this section.
 (2)SecretaryIn addition to amounts available for distribution under subsection (b), the Secretary may expend, without further appropriation, not more than $3,000,000 for the 5 fiscal years beginning after the date of enactment of the RECLAIM Act of 2016 for staffing and other administrative expenses necessary to carry out this section.
 (h)Report to CongressEach State and Indian tribe to which funds are distributed under this section shall provide to Congress and the Secretary at the end of each fiscal year for which the funds are distributed a detailed report on—
 (1)the various projects that have been undertaken with the funds; and
 (2)the community and economic benefits that are resulting, or are expected to result, from the use of the funds..
 (b)Clerical amendmentThe table of contents in the first section of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. prec. 1201) is amended by adding at the end of the items relating to title IV the following:
				Sec. 415. Remaining incentives.Sec. 416. Abandoned mine land economic revitalization..
			3.Technical and conforming amendments
 (a)Abandoned Mine Reclamation Fund and purposesSection 401(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) is amended—
 (1)in subsection (c)— (A)in paragraph (10), by striking and at the end;
 (B)by redesignating paragraph (11) as paragraph (12); and
 (C)by inserting after paragraph (10) the following:  (11)to implement section 416; and; and
 (2)in subsection (d)(3), by inserting and section 416(b) before the period at the end. (b)Reclamation feeSection 402(g) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)) is amended—
 (1)in paragraph (1), in the matter preceding subparagraph (A), by inserting and section 416 after subsection (h); and (2)in paragraph (3), by adding at the end the following:

 (F)For the purpose of section 416(b)(2)(A).. (c)Objectives of FundSection 403(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(c)) is amended—
 (1)in the first sentence— (A)by striking For and inserting the following:

 (1)In generalFor; (B)by inserting any of after which meet; and
 (C)by striking “paragraphs (1) and (2) of”; (2)in the second sentence, by striking Under and inserting the following:

						(2)Amendments
 (A)In generalUnder; and (A)by inserting after subparagraph (A) (as so designated) the following:

 (B)Advanced technologiesAs practicable, States and Indian tribes shall offer amendments described in subparagraph (A) based on the use of remote sensing, global positioning systems, and other advanced technologies.;
 (3)by striking The Secretary shall provide and inserting the following:  (3)AssistanceThe Secretary shall provide;
 (4)by striking The Secretary shall compile and inserting the following:  (4)Inventory (A)In generalThe Secretary shall compile;
 (5)in the last sentence by striking On and inserting the following:  (B)ProjectsOn; and
 (6)by adding at the end the following:  (C)UpdatesThe Secretary may perform any work necessary to amend any entry in the inventory that has not been updated by a State or Indian tribe within the preceding 3 years to ensure that the entry is up-to-date and accurate..


110 HR 5812 IH: Robert James Act of

U.S. House of Representatives
2008-04-15
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EN
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		I
		110th CONGRESS
		2d Session
		H. R. 5812
		IN THE HOUSE OF REPRESENTATIVES

			April 15, 2008
			Mr. Young of Alaska
			 (for himself, Mr. Paul, and
			 Mr. Cantor) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

		A BILL
		To amend title II of the Social Security Act to authorize
		  waivers by the Commissioner of Social Security of the 5-month waiting period
		  for entitlement to benefits based on disability in cases in which the
		  Commissioner determines that such waiting period would cause undue hardship to
		  terminally ill beneficiaries.

		1.Short titleThis Act may be cited as the
			 Robert James Act of
			 2008.
		2.Waiver of 5-month
			 waiting period for benefits based on disability in cases of terminally ill
			 beneficiaries
			(a)Disability
			 insurance benefitsSection 223(a) of the Social Security Act (42
			 U.S.C. 423(a)) is amended by adding at the end the following new
			 paragraph:

					(3)The Commissioner of Social Security
				may waive the application of the individual's waiting period under clause (i)
				in the first sentence of paragraph (1) if the Commissioner determines that such
				individual would otherwise be entitled to disability insurance benefits under
				this section, that such individual is terminally ill, and that the application
				of the waiting period would work an undue hardship on such individual (as
				determined on the basis of criteria established by the Commissioner). In the
				case of any such waiver granted by the Commissioner with respect to an
				individual, notwithstanding clauses (i) and (ii) in the first sentence of
				paragraph (1), the individual shall be entitled to disability insurance
				benefits for each month, beginning with the first month during all of which
				such individual is under a disability and in which such individual would become
				so entitled to such insurance benefits under such sentence but for such waiting
				period, and ending as provided in paragraph (1). For purposes of this
				paragraph, an individual is considered to be terminally ill if
				the individual has a medical prognosis that the individual's life expectancy is
				6 months or
				less.
					.
			(b)Widow's
			 insurance benefits based on disabilitySection 202(e)(5) of such
			 Act (42 U.S.C. 402(e)(5)) is amended by adding at the end the following new
			 subparagraph:

					(C)The Commissioner of Social Security
				may waive the application of the individual's waiting period under paragraph
				(1)(F)(i) if the Commissioner determines that she would otherwise be entitled
				to widow's insurance benefits under this section, that she is terminally ill,
				and that such application of the waiting period would work an undue hardship on
				her (as determined on the basis of criteria established by the Commissioner).
				In the case of any such waiver granted by the Commissioner with respect to an
				individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), she shall
				be entitled to widow's insurance benefits for each month, beginning with the
				first month during all of which she is under a disability and in which she
				would become so entitled to such insurance benefits under paragraph (1) but for
				such waiting period, and ending as provided in paragraph (1). For purposes of
				this subparagraph, an individual is considered to be terminally
				ill if the individual has a medical prognosis that the individual's
				life expectancy is 6 months or
				less.
					.
			(c)Widower's
			 insurance benefits based on disabilitySection 202(f)(5) of such
			 Act (42 U.S.C. 402(f)(5)) is amended by adding at the end the following new
			 subparagraph:

					(C)The Commissioner of Social Security
				may waive the application of the individual's waiting period under paragraph
				(1)(F)(i) if the Commissioner determines that he would otherwise be entitled to
				widower's insurance benefits under this section, that he is terminally ill, and
				that such application would work an undue hardship on him (as determined on the
				basis of criteria established by the Commissioner). In the case of any such
				waiver granted by the Commissioner with respect to an individual,
				notwithstanding clauses (i) and (ii) of paragraph (1)(F), he shall be entitled
				to widower's insurance benefits for each month, beginning with the first month
				during all of which he is under a disability and in which he would become so
				entitled to such insurance benefits under paragraph (1) but for such waiting
				period, and ending as provided in paragraph (1). For purposes of this
				subparagraph, an individual is considered to be terminally ill
				if the individual has a medical prognosis that the individual's life expectancy
				is 6 months or
				less.
					.
			(d)Commencement of
			 period of disabilitySection 216(i)(2)(A) of such Act (42 U.S.C.
			 416(i)(2)(A)) is amended—
				(1)by inserting
			 (i) after (2)(A);
				(2)by inserting
			 (I) after but only if;
				(3)by inserting
			 (II) after duration or; and
				(4)by adding at the
			 end the following new clause:

						(ii)The Commissioner of Social Security
				may waive the application of the five-month requirement under clause (i)(I) if
				the Commissioner determines that such individual would otherwise be entitled to
				a period of disability under this paragraph, that such individual is terminally
				ill, and that the application of such five-month requirement would work an
				undue hardship on such individual (as determined on the basis of criteria
				established by the Commissioner). For purposes of this clause, an individual is
				considered to be terminally ill if the individual has a medical
				prognosis that the individual's life expectancy is 6 months or
				less.
						.
				3.Effective
			 datesThe amendments made by
			 subsection (a) of section 2 of this Act shall apply only with respect to
			 benefits under section 223 of the Social Security Act, or under section 202 of
			 such Act on the basis of the wages and self-employment income of an individual
			 entitled to benefits under such section 223, for months beginning after 90 days
			 after the date of the enactment of this Act. The amendments made by subsections
			 (b) and (c) of section 2 of this Act shall apply only with respect to benefits
			 based on disability under subsection (e) or (f) of section 202 of the Social
			 Security Act for months after 90 days after the date of the enactment of this
			 Act. The amendments made by subsection (d) of section 2 of this Act shall apply
			 only with respect to applications for disability determinations filed under
			 title II of the Social Security Act after 90 days after the date of the
			 enactment of this Act.


114 HR 5725 IH: IRS Data Verification Modernization Act of 2016
U.S. House of Representatives
2016-07-11
text/xml
EN
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I114th CONGRESS2d SessionH. R. 5725IN THE HOUSE OF REPRESENTATIVESJuly 11, 2016Mr. McHenry introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to require website-based, real-time responses to
			 requests to verify taxpayer income for legitimate business purposes.

 1.Short titleThis Act may be cited as the IRS Data Verification Modernization Act of 2016. 2.Disclosure of taxpayer information for third-party income verification (a)In generalSection 6103(c) of the Internal Revenue Code of 1986 is amended—
 (1)by striking The Secretary may and inserting the following:  (1)In generalThe Secretary shall, and
 (2)by adding at the end the following new paragraph:  (2)Disclosure for income verificationWith respect to any program established by the Secretary to disclose returns and return information to an entity engaged in the process of confirming the income of a taxpayer for a legitimate business purpose, or a designee of any such entity, the Secretary shall ensure the following:
 (A)The disclosure process is conducted entirely through fully automated and electronic means accessible through the Internet.
 (B)The disclosure process is able to be completed in as close to real-time as is practicable. (3)Security requirements for recipientsThe recipients authorized to receive returns or return information on behalf of taxpayers shall maintain adequate security to protect the information being disclosed..
 (b)Efficient use of agency resourcesIn establishing the program to electronically automate income verification disclosures under section 6103(c)(2) of the Internal Revenue Code of 1986, as added by this section, the Secretary shall, to the extent practicable, make use of resources in operation or in development at the Internal Revenue Service, including databases, application programming interfaces, and other computerized systems, programs, and resources.
 (c)ReportNot later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall submit a written report to Congress on any progress made on the implementation of section 6103(c)(2) of the Internal Revenue Code of 1986, as added by this section.
 (d)Effective dateThe amendments made by this section shall apply with respect to disclosures made after the date that is one year after the date of the enactment of this Act.


		I
		111th CONGRESS
		2d Session
		H. R. 5185
		IN THE HOUSE OF REPRESENTATIVES

			April 29, 2010
			Mr. DeFazio (for
			 himself, Mr. Donnelly of Indiana, and
			 Mr. Marshall) introduced the following
			 bill; which was referred to the Committee
			 on Armed Services, and in addition to the Committee on
			 Veterans’ Affairs, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend titles 10 and 38, United States Code, to
		  increase the maximum age for children eligible for medical care under the
		  TRICARE program and the CHAMPVA program.

		1.Short titleThis Act may be cited as the Fair
			 Health Care for Military Families Act.
		2.Increase of
			 maximum age for children eligible for medical care under CHAMPVA
			 program
			(a)IncreaseSection 1781(c) of title 38, United States
			 Code, is amended—
				(1)by striking
			 twenty-three and inserting twenty-six; and
				(2)by striking
			 twenty-third birthday and inserting twenty-sixth
			 birthday.
				(b)Effective
			 dateThe amendments made by
			 subsection (a) shall apply with respect to medical care provided on or after
			 the date of the enactment of this Act.
			3.Increase of
			 maximum age for children eligible for medical care under TRICARE
			 program
			(a)Increase
				(1)ChildrenSubparagraph
			 (D) of section 1072(2) of title 10, United States Code, is amended—
					(A)in clause (i), by
			 striking 21; and inserting 26; or;
					(B)by striking clause
			 (ii);
					(C)by redesignating
			 clause (iii) as clause (ii); and
					(D)in clause (ii), as
			 redesignated by subparagraph (C), by striking or (ii).
					(2)Custodial
			 dependentsClause (ii) of section 1072(2)(I) of such title is
			 amended—
					(A)in subclause (I),
			 by striking 21; and inserting 26; or;
					(B)by striking
			 subclause (II);
					(C)by redesignating
			 subclause (III) as subclause (II); and
					(D)in subclause (II),
			 as redesignated by subparagraph (C), by striking or (II).
					(b)Effective
			 dateThe amendments made by subsection (a) shall apply with
			 respect to medical care provided on or after the date of the enactment of this
			 Act.


115 HR 6813 IH: Homecare for Seniors Act
U.S. House of Representatives
2018-09-13
text/xml
EN
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I115th CONGRESS2d SessionH. R. 6813IN THE HOUSE OF REPRESENTATIVESSeptember 13, 2018Mr. Sam Johnson of Texas (for himself and Mr. Larson of Connecticut) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to allow qualified distributions from health savings
			 account for certain home care expenses.

 1.Short titleThis Act may be cited as the Homecare for Seniors Act. 2.Certain home care expenses treated as qualified distributions from health savings accounts (a)In generalSection 223(d)(2) of the Internal Revenue Code of 1986 is amended—
 (1)by striking medical care (as defined in section 213(d) in subparagraph (A) and inserting specified medical care (as defined in subparagraph (D)); and (2)by adding at the end the following new subparagraph:

 (D)Specified medical careFor purposes of this paragraph— (i)In generalThe term specified medical care means—
 (I)medical care (as defined in section 213(d)), and (II)qualified home care.
 (ii)Qualified home careThe term qualified home care means a contract to provide three or more of the following services in the residence of the service recipient:
 (I)Assistance with eating. (II)Assistance with toileting.
 (III)Assistance with transferring. (IV)Assistance with bathing.
 (V)Assistance with dressing. (VI)Assistance with continence.
 (VII)Medication adherence. Such term shall not include any contract unless the services provided pursuant to such contract are provided by a service provider which is licensed by the State to provide such services or such services are otherwise provided in a manner that is consistent with State requirements.(iii)Related partiesThe term qualified home care shall not include any contract which is, directly or indirectly, between a service provider and a service recipient who are related within the meaning of section 267(b) or 707(b)..
 (b)Effective dateThe amendments made by this section shall apply to amounts paid with respect to taxable years beginning after the date of the enactment of this Act.
			(c)Promotion of public awareness of in-Home service expenses eligible for tax-Free distribution from
 health savings accountsThe Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall carry out a campaign to increase public awareness of the in-home service expenses that are eligible for tax-free distribution from health savings accounts.


117 S2672 IS: Choice Neighborhoods Initiative Act of 2021
U.S. Senate
2021-08-07
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II117th CONGRESS1st SessionS. 2672IN THE SENATE OF THE UNITED STATESAugust 7, 2021Mr. Menendez (for himself and Mr. Van Hollen) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed-income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to jobs, and for other purposes.1.Short titleThis Act may be cited as the Choice Neighborhoods Initiative Act of 2021.2.DefinitionsIn this Act:(1)Affordable housingThe term affordable housing includes—(A)public housing assisted under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g);(B)assisted housing;(C)housing assisted under an affordable housing program administered by the Secretary of Agriculture through Rural Housing Service;(D)rental housing that utilizes tax credits under section 42 of the Internal Revenue Code of 1986;(E)affordable rental housing owned, developed, or assisted through a State or local government or State housing finance agency, including State-assisted public housing, which is subject to a long-term affordability restriction requiring occupancy by low-income households; and(F)private housing for low- and moderate-income households and for which the Secretary requires the owner or purchaser of the project to maintain affordability for not less than 20 years in accordance with use restrictions under regulations issued by the Secretary, which restrictions shall be—(i)contained in a legally enforceable document recorded in the appropriate records; and(ii)consistent with the long-term viability of the project as rental or homeownership housing.(2)ApplicantThe term applicant means an eligible entity under section 4(a) that submits an application for a grant under this Act pursuant to section 7.(3)Assisted housingThe term assisted housing means rental housing assisted under—(A)section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f);(B)section 221(d)(3) or 236 of the National Housing Act (12 U.S.C. 1715l, 1715z–1);(C)section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or(D)section 811 of Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013).(4)Community development corporationThe term community development corporation has the meaning given the term in section 204(b) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z–11a(b)).(5)Critical community improvementsThe term critical community improvements means—(A)development or improvement of community facilities to promote upward mobility, self-sufficiency, or improved quality of life for residents of the neighborhood, such as construction or rehabilitation of parks and community gardens, environmental improvements, or site remediation at affected sites; or(B)activities to promote economic development, such as development or improvement of transit, retail, community financial institutions, public services, facilities, assets, or other community resources.(6)Elementary school; secondary schoolThe terms elementary school and secondary school have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(7)Extreme povertyThe term extreme poverty means, with respect to a neighborhood, that the neighborhood—(A)has a high percentage of residents who are—(i)estimated to be in poverty; or(ii)have extremely low incomes based on the most recent data collected by the Bureau of the Census; and(B)is experiencing distress related to—(i)per capita crime rates over 3 or more years that are significantly higher than the per capita crime rates of the city or county in which the neighborhood is located;(ii)high rates of vacant, abandoned, or substandard homes relative to the city or county as a whole;(iii)a low-performing public school; or(iv)other such factors as determined by the Secretary that further the purposes of this Act.(8)Families; public housing; public housing agencyThe terms families, public housing, and public housing agency have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).(9)GranteeThe term grantee means an eligible entity under section 4 that is awarded a grant under this Act, pursuant to selection under section 7. (10)Institution of higher educationThe term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).(11)Local governmentThe term local government has the meaning given the term unit of general local government in section 102(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(1)).(12)Long-term viabilityThe term long-term viability means, with respect to a neighborhood, that the neighborhood is sustainable on an economic, education, and environmental basis.(13)NeighborhoodThe term neighborhood means an area that—(A)has distinguishing characteristics;(B)represents the geographical distribution of targeted populations; and(C)is not exclusive of areas that are integrally related to the composition of the community.(14)SecretaryThe term Secretary means the Secretary of Housing and Urban Development.(15)Severely distressed housingThe term severely distressed housing means a public or assisted housing project (or building in a project) that—(A)(i)has been certified, by an engineer or architect licensed by a State licensing board, as meeting criteria for physical distress that indicate that the project requires major redesign, reconstruction, or redevelopment, or partial or total demolition, to correct serious deficiencies in the original design (including inappropriately high-population density), deferred maintenance, physical deterioration or obsolescence of major systems, and other deficiencies in the physical plant of the project; and(ii)is a significant contributing factor to the physical decline of and disinvestment by public and private entities in the surrounding neighborhood, as documented by evidence of non-physical distress, such as extreme poverty, including census data and past surveys of neighborhood stability conducted by an applicant or co-applicant or their qualified designee; or(B)was a project described in subparagraph (A) that has been legally vacated or demolished, but for which the Secretary has not yet provided replacement housing assistance other than tenant-based assistance.(16)SignificantThe term significant means, with respect to an amendment or change to a transformation plan, that the amendment or change—(A)changes the use of 20 percent or more of the total amount of the grant provided under this Act from use for 1 activity to use for another;(B)eliminates an activity that is a required activity that, notwithstanding the change, would otherwise be carried out under the plan; or(C)significantly changes the scope, location, or beneficiaries of the project carried out under the plan.(17)Supportive servicesThe term supportive services includes all activities that will promote upward mobility, self-sufficiency, or improved quality of life, including—(A)such activities as literacy training, remedial and continuing education, job training, financial literacy instruction, daycare, youth services, aging-in-place, physical and mental health services, and other programs for which such residents demonstrate need;(B)case management and service coordination services, including providing coordinators for the Family Self-Sufficiency program under section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u) and the Resident Opportunity and Supportive Services program under section 34 of such Act (42 U.S.C. 1437z–6); and(C)technical assistance to enable residents to access programs from other key agencies and local service providers in order to help residents be stably housed, improve outcomes for children, and enhance adults’ capacity for self-sufficiency and economic security, and services for the elderly and persons with disabilities to maintain independence. 3.Grant authorityThe Secretary may make competitive grants to eligible entities that submit transformation plans for eligible neighborhoods that will further the purposes of this Act in eligible neighborhoods.4.Eligible entities(a)Primary applicants(1)In generalA grant under this Act may be made only to a local government, a public housing agency, or a nonprofit entity that owns a major housing project that is proposed to be assisted under a grant under this Act, either as a sole applicant or as a co-applicant with another local government or public housing agency or with an entity specified in subsection (b). (2)Nonprofit entitiesA nonprofit entity may be a sole applicant under paragraph (1) only if the application has the support of a local government.(b)Co-Applicants(1)Community development corporationsA community development corporation may, at the request of an entity specified in subsection (a), be a co-applicant for a grant under this Act.(2)For-profit entitiesA for-profit entity that owns a major housing project that is proposed to be assisted under a grant under this Act made in fiscal year 2022 or thereafter and that has an established presence in the community may be a co-applicant for a grant under this Act.(3)Required co-applicantsA grant under this Act may not be made for an application that will involve transformation of a major public housing project unless the public housing agency having jurisdiction with respect to the project is the sole applicant or a co-applicant for the application.(c)PartnersNothing in this section may be construed to limit the ability of an applicant to partner with any entity in carrying out activities with a grant under this Act.5.Eligible neighborhoodsA grant under this Act may be made only for activities to be conducted in neighborhoods that have—(1)a concentration of extreme poverty; and(2)housing that is severely distressed housing.6.Authorized activities(a)In generalAmounts from a grant under this Act may be used only for transformational programs and activities in accordance with a transformation plan approved under section 7 that will further the purposes of this Act.(b)Required activitiesEach transformation plan submitted pursuant to section 7 and implemented by a grantee under this Act shall include the following activities:(1)The transformation of housing through rehabilitation, preservation, or demolition and replacement of severely distressed housing projects, expansion of affordable housing opportunities, or any combination thereof, which may incorporate energy-efficient design principles.(2)The one-for-one replacement of any public and assisted housing units demolished or disposed of in accordance with the requirements under section 9.(3)Activities that promote economic self-sufficiency of residents of the revitalized housing and of the surrounding neighborhood.(4)Activities that preserve affordable housing in the neighborhood and other activities necessary to ensure that existing public and assisted housing residents have access to the benefits of the neighborhood transformation.(5)Activities that demonstrate that each resident of housing assisted by the grant who is displaced by the transformation plan and who wishes to return to the revitalized on-site housing in the neighborhood or to replacement housing outside of the neighborhood, can return, and shall be provided a preference in accordance with the program requirements under section 8.(6)Activities that meet the program requirements for replacement of housing units under section 9.(7)Activities that meet the fair housing program requirements under section 10(a) and the accessibility requirements under section 10(b).(8)Appropriate service coordination and supportive services.(9)Resident involvement, as described in section 8, in planning and implementation of the transformation plan, including reasonable steps to help ensure meaningful participation for residents who, as a result of their national origin, are limited in their English language proficiency.(10)Monitoring, under section 8(g), of residents relocated during redevelopment throughout the term of the grant or until full occupancy of replacement housing, whichever is completed later.(11)Relocation assistance, including tenant-based rental assistance renewable under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), mobility or relocation counseling over multiple years, reasonable moving costs, and security deposits.(12)Establishment of links to local education efforts, as described in subsection (c)(3).(13)Activities to comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u).(c)Eligible activitiesAmounts from a grant under this Act may be used for the following activities:(1)Construction, acquisition, or rehabilitation of affordable housing, which may include energy efficiency improvements and sustainable design features for that housing.(2)Acquisition or disposition of residential properties, including properties subject to a mortgage previously insured, and foreclosed upon, by the Federal Housing Administration, and demolition.(3)Outreach to local educators, and engaging in local community planning, to help increase access to educational opportunities, a continuum of effective community services, and strong family supports, and to improve the educational and life outcomes that have a significant benefit to residents of housing assisted under this Act, including children and youth and, as appropriate, for adult residents, including the elderly or persons with disabilities.(4)Providing supportive services that have a significant benefit to residents of housing assisted under this Act, primarily focused on services described in subparagraphs (B) and (C) of section 2(17).(5)Rehabilitation and physical improvement of community facilities that are primarily intended to facilitate the delivery of community and supportive services that have a significant benefit to residents of housing assisted by the grant and residents of off-site replacement housing.(6)Work incentives designed to help low-income residents assisted by the housing under this Act access jobs and move toward self-sufficiency.(7)Partnering with employers and for-profit and nonprofit organizations to create jobs and job training opportunities that have a significant benefit to residents of housing assisted under this Act.(8)Activities that promote sustainable housing by incorporating principles of sustainable design and development, including energy efficiency.(9)Critical community improvements undertaken at sites that are adjacent to, or in the immediate vicinity of, housing assisted under this Act.(10)Loss reserves to protect residents of housing assisted by the grant and continue the project in the case of default, foreclosure, or any other adverse financial event. (d)Additional planThe Secretary shall require any grantee under this Act that will provide benefits under paragraph (3), (4), (5), or (7) of subsection (c) to any residents who are not living in housing assisted with a grant under this Act to submit to the Secretary a plan identifying how such services will be provided.(e)Eligible methods of supportActivities carried out with amounts from a grant under this Act may be carried out through—(1)endowments or revolving loan funds; or(2)land assembly, land banking, and other activities, except that no amounts made available for use under this Act may be used to acquire any property by means of the exercise of the power of eminent domain.(f)Funding limitations(1)School buildingsNo amounts from grant under this Act may be used for construction or rehabilitation of an elementary school or secondary school or an institution of higher education, except that such amounts may be used to construct common infrastructure that is shared by such a school or institution and by housing assisted under this Act, or community facilities authorized under subsection (c)(5), but only if costs are shared on a pro rata basis and the grantee certifies, and the Secretary determines, that such use of funds will not promote or further segregation.(2)Non-housing activities and supportive servicesFor each grant under this Act, the grantee shall comply with each of the following requirements:(A)Of the amount of the grant, not more than 25 percent may be used for eligible activities under paragraphs (3) through (9) of subsection (c).(B)Of the amount of the grant, not more than 5 percent may be used for eligible activities under paragraphs (8) and (9) of subsection (c).(3)ConsultationWith respect to activities assisted pursuant to paragraph (2), the Secretary shall consult with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Energy, the Secretary of Transportation, the Secretary of Education, and the Attorney General in identifying funding resources that may be provided to supplement amounts from grants under this Act.7.Submission and selection of transformation plans(a)Transformation plan requirementsTo be eligible for a grant under this Act, an eligible entity shall submit to the Secretary, at such time in accordance with procedures as the Secretary shall prescribe, an application in the form of a transformation plan that—(1)demonstrates how the transformation plan will achieve the desired priority outcomes of transforming a distressed neighborhood of extreme poverty into a mixed-income neighborhood with high quality, safe, and affordable housing (including the one-for-one replacement of any public or assisted housing units demolished or disposed of under the transformation plan), economic opportunities, well-functioning services, public assets, access to jobs, public transportation, and effective education programs and public schools, including charter schools and other autonomous public schools;(2)demonstrates how the required activities under section 6(b) will be carried out, including a detailed description of the housing transformation activities under paragraphs (1) and (2) of such section;(3)describes the other eligible activities under section 6(c) that will be carried out in support of the housing transformation;(4)defines desired outcomes of the strategy, how residents of housing assisted under this Act will benefit, describes the challenges they face, and the evidence base that informs the proposed strategies that will result in the desired outcomes for the community and residents;(5)includes a long-term affordability plan, developed in collaboration with residents of the public and assisted housing assisted under this Act, that describes how the grantee will maintain affordable housing in the neighborhood over the next 50 years or longer, including affordability provisions relating to dwelling units provided using assistance under the grant under this Act, and an agreement by the applicant to update the plan every 5 years during such period; and(6)includes such other information as the Secretary shall, by regulation, prescribe.(b)Selection criteriaThe Secretary shall establish criteria for the award of grants under this Act, with the greatest consideration given to applicant and neighborhood need as identified in section 5, and which shall include the extent to which the transformation plan—(1)demonstrates the ability of the plan to further the purposes of this Act;(2)demonstrates inclusive local planning with input from local governments, housing owners and providers, educators, residents of housing assisted under this Act, local community organizations, public schools, early learning in programs, health service organizations, and community stakeholders in the development and implementation of a sustainable revitalization program;(3)includes efforts to coordinate multiple funding resources, including public, private, and philanthropic funding, and emphasizes collaboration between local governments, early learning programs and public schools, or a public housing agency, or all 3;(4)includes current data showing that the neighborhood targeted for revitalization is in need of and can benefit from the authorized activities described in section 6 and proposed in the transformation plan;(5)demonstrates the capability and record of the applicant and the partners of the applicant for managing housing redevelopment or modernization projects, successfully working with public and assisted housing residents during the planning and redesign process, and meeting performance benchmarks;(6)demonstrates that sustainable building and energy efficient design principles are incorporated or will be incorporated in the activities conducted pursuant to the plan;(7)demonstrates that the applicant has plans to have, within a reasonable time, improved access to public transportation in the neighborhood that provides access to economic opportunities and commercial and public services;(8)demonstrates that the residents of revitalized housing developments will have, to the extent possible, improved access to high-quality educational opportunities, including early learning and effective elementary and secondary public schools, in or outside of the neighborhood;(9)demonstrates that the transformation plan includes the provision of appropriate supportive services and activities that promote economic self-sufficiency of residents of housing assisted under the grant, and a plan to sustain those services;(10)demonstrates that the transformation plan provides support for residents displaced as a result of the revitalization of the project, including assistance in obtaining housing in areas with low concentrations of poverty in a manner that does not increase racial segregation;(11)demonstrates that sufficient housing opportunities are available in the neighborhood to be revitalized and in low-poverty areas to accommodate displaced residents, in a manner that does not increase racial segregation;(12)includes a well-documented assessment of the number of households with special needs for ongoing supportive services residing in the public or assisted housing properties that are the target of the grant and an effective plan to address those needs;(13)demonstrates the compliance with the requirements of section 9, regarding one-for-one replacement of public and assisted housing units;(14)demonstrates how the applicant will use indicators of housing redevelopment, neighborhood quality, resident well-being, and other outcomes to measure success, manage program implementation, and engage stakeholders, consistent with requirements established by the Secretary;(15)demonstrates, if feasible, phased redevelopment that provides for demolition and construction of dwelling units in phases, to limit disruptions to residents;(16)demonstrates that the neighborhood will improve its long-term viability through the revitalization of severely distressed housing, improved access to economic opportunities, improved investment and leveraging in well-functioning services, and improved education programs, public assets, public transportation and access to jobs; and(17)demonstrates compliance with any other factors and priorities that further the purposes of this Act, as the Secretary may, by regulation, prescribe.8.Right of residents to return; relocation(a)Determination of resident preferencesAn applicant shall, not later than 30 days before submitting an application to the Secretary for a grant under this Act—(1)hold a community meeting and provide information to all residents who occupy a dwelling unit in public housing or assisted housing subject to the transformation plan of—(A)the intent of the applicant to submit an application for a grant under this Act;(B)their right to return and relocation housing options; and(C)all planned replacement housing units; and(2)solicit from each resident information regarding the desire of the resident to return to the replacement housing units constructed upon the original public or assisted housing location, interest in moving to other neighborhoods or communities, or interest in retaining a voucher for rental assistance.(b)Resident involvement(1)In generalEach transformation plan assisted under this Act shall provide opportunities for the active involvement and participation of, and consultation with, residents of the public and assisted housing that is subject to the transformation plan during the planning process for the transformation plan, including prior to submission of the application, and during all phases of the planning and implementation, which opportunities—(A)may include participation of members of any resident council or tenant organization, but may not be limited to those members; and (B)shall include—(i)all segments of the population of residents of the public and assisted housing that is subject to the revitalization plan, including single parent-headed households, the elderly, young employed and unemployed adults, teenage youth, and disabled persons; and(ii)a process that provides opportunity for comment on specific proposals for redevelopment, any demolition and disposition involved, and any proposed significant amendments or changes to the transformation plan.(2)Public meetingThe Secretary may not make a grant under this Act to an applicant unless the applicant has convened and conducted a public meeting regarding the transformation plan, including the one-for-one replacement to occur under the plan, not later than 30 days before submission of the application for the grant under this section for the plan, at a time and location that is convenient for residents of the public and assisted housing subject to the plan.(3)Significant amendments or changes to planAn applicant may not carry out any significant amendment or change to a transformation plan unless—(A)the applicant has convened and conducted a public meeting regarding the significant amendment or change at a time and location that is convenient for residents of the public and assisted housing subject to the plan and has provided each household occupying a dwelling unit in the public and assisted housing with written notice of the meeting not less than 10 days before such meeting;(B)after the meeting held under subparagraph (A), the applicant consults with the households occupying dwelling units in the public and assisted housing that are subject to, or to be subject to the plan, and the agency submits a report to the Secretary describing the results of the consultation; and(C)the Secretary approves the significant amendment or change.(c)Right To returnThe Secretary may not approve a transformation plan under this Act unless the plan provides that each resident of public or assisted housing displaced by activities under the transformation plan who wishes to return to the on-site or off-site replacement housing provided under the plan may return if the resident—(1)was in compliance with the lease at the time of departure from the housing subject to rehabilitation or demolition; and(2)would be eligible, as of the time of the return, for occupancy under the eligibility, screening, and occupancy standards, policies, or practices applicable to the housing from which the resident was displaced, as in effect at the time of displacement.(d)Relocation, notice, application for vouchers, and dataAll relocation activities resulting from, or that will result from, demolition, disposition, or both demolition and disposition, to be carried out under a transformation plan relating to a grant under this Act shall be subject to the following requirements:(1)Uniform relocation and real property acquisition actThe Uniform Relocation and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply. To the extent the provisions of this subsection and such Act conflict, the provisions that provide greater protection to residents displaced by the demolition, disposition, or demolition and disposition, shall apply.(2)Relocation planThe applicant shall submit to the Secretary, together with the application for a grant under this Act, a relocation plan providing for the relocation of residents occupying the public or assisted housing for which the demolition or disposition is proposed, which shall include—(A)a statement of the estimated number of vouchers for rental assistance under section 8 that will be needed for such relocation;(B)identification of the location of the replacement dwelling units that will be made available for permanent occupancy; and(C)a statement of whether any temporary, off-site relocation of any residents is necessary and a description of the plans for such relocation.(3)Notice upon approval of applicationWithin a reasonable time after notice to the applicant of the approval of an application for a grant under this section, the applicant shall provide notice in writing, in plain and non-technical language, to the residents of the public and assisted housing subject to the approved transformation plan that—(A)states that the application and transformation plan has been approved;(B)describes the process involved to relocate the residents, including a statement that the residents may not be relocated until the conditions set forth in section 10 have been met;(C)provides information regarding relocation options; and(D)advises residents of the availability of relocation counseling as required in paragraph (7).(4)Notice before relocationExcept in cases of a substantial and imminent threat to health or safety, not later than 90 days before the date on which residents will be relocated, the grantee shall provide notice in writing, in plain and non-technical language, to each family residing in a public or assisted housing project that is subject to an approved transformation plan, and in accordance with such guidelines as the Secretary may issue governing such notifications, that—(A)the public or assisted housing project will be demolished or disposed of;(B)the demolition of the building in which the family resides will not commence until each resident of the building is relocated; and(C)if temporary, off-site relocation is necessary, each family displaced by the action shall be offered comparable housing—(i)that meets housing quality standards;(ii)that is located in an area that is generally not less desirable than the location of the housing of the displaced family, which shall include not less than 1 unit located in an area of low poverty or 1 unit located within the neighborhood of the original public or assisted housing site;(iii)that is identified and available to the family; and(iv)which shall include—(I)tenant-based assistance, except that the requirement under this subparagraph regarding offering of comparable housing shall be fulfilled by use of tenant-based assistance only upon the relocation of the family into such housing;(II)project-based assistance;(III)occupancy in a unit operated or assisted by the public housing agency or the owner of the assisted project demolished or disposed of under this section, at a rental rate paid by the family that is comparable to the rental rate applicable to the unit from which the family is relocated; or(IV)other comparable housing.(5)Search period(A)In generalNotwithstanding any other provision of law, in the case of a household that is provided tenant-based assistance for relocation of the household under this section, the period during which the household may lease a dwelling unit using that assistance shall not be shorter in duration than the 150-day period that begins at the time a comparable replacement unit is made available to the family. (B)ExtensionIf a household is unable to lease a dwelling unit using the assistance described in subparagraph (A) during the period described in that subparagraph, the grantee shall—(i)extend the period during which the household may lease a dwelling unit using the assistance; or (ii)at the request of the resident, provide the resident with the next available comparable public housing unit or comparable housing unit for which project-based assistance is provided.(6)Payment of relocation expensesThe grantee shall provide for the payment of the actual and reasonable relocation expenses, including security deposits, of each resident to be displaced and any other relocation expenses as are required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).(7)Comprehensive relocation counselingThe grantee shall provide all advisory programs and services as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and counseling for residents who are displaced that shall—(A)fully inform residents to be displaced of all relocation options, which may include relocating to housing in a neighborhood with a lower concentration of poverty than their current residence, a neighborhood where relocation will not increase racial segregation, or remaining in the current neighborhood; and(B)include providing school options for children and comprehensive housing search assistance for households that receive a voucher for tenant-based assistance.(8)Timing of demolition or dispositionThe grantee shall not commence demolition or complete disposition of a building subject to the approved transformation plan until all residents residing in the building are relocated.(9)Timing of relocationThe applicant shall not commence relocation before approval by the Secretary of the transformation plan providing for the demolition or disposition, unless the applicant generally relocates residents in accordance with this section, as determined by the Secretary, except in the case of a substantial and imminent threat to health or safety.(e)Monitoring of displaced households(1)Grantee responsibilitiesTo facilitate compliance with the requirement under subsection (a) (relating to right of residents to return), the Secretary shall, by regulation, require each grantee of a grant under this section, during the period of the transformation plan assisted with the grant and until all funding under the grant has been expended—(A)to maintain a current address of residence and contact information for each household affected by the transformation plan who was occupying a dwelling unit in the housing that is subject to the plan; and(B)to provide such updated information to the Secretary on at least a quarterly basis.(2)CertificationThe Secretary may not close out any grant made under this section before the grantee has certified to the Secretary that the agency has complied with subsection (a) (relating to right of residents to return) with respect to each resident displaced as a result of the transformation plan, including providing occupancy in a replacement dwelling unit for each resident who requested such a unit in accordance with such subsection.(f)PreferenceA returning resident shall be provided a preference for occupancy of on-site or off-site replacement units before those units are made available for occupancy by any other eligible households, or the resident may choose to retain tenant-based voucher assistance provided under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for relocation from the properties revitalized under a transformation plan assisted with a grant under this Act.(g)Prohibition on re-ScreeningA public housing agency or any other manager of on-site or off-site replacement housing shall not, through the application of any additional eligibility, screening, occupancy, or other policy or practice, prevent any person otherwise eligible under subsection (a) from occupying a replacement housing unit.9.One-for-one replacement of public and assisted housing dwelling units(a)One-for-One replacement of public or assisted housing unitsThe Secretary may not approve a transformation plan that provides for dwelling units to be demolished or disposed of unless the plan provides as follows:(1)Requirement to replace each unitOne hundred percent of the public and assisted housing dwelling units and units described in section 2(1)(E) that are demolished or disposed of pursuant to the transformation plan shall be replaced with a newly constructed, rehabilitated, or purchased public or assisted housing unit or with a newly constructed, rehabilitated, or purchased unit (including through project-based assistance) that is subject to requirements regarding eligibility for occupancy, tenant contribution toward rent, and long-term affordability restrictions that are consistent with such requirements for public and assisted housing dwelling units or for State units, as applicable, except that subparagraphs (B) and (D) of section 8(o)(13) of the United States Housing Act of 1936 (relating to percentage limitation and income mixing requirement of project-based assistance) shall not apply with respect to vouchers used to comply with the requirements of this paragraph.(2)Other requirementsAdmission to, administration of, and eviction from replacement housing units that replaced public housing units, but that are not public housing dwelling units, shall be subject to the following provisions to the same extent as public housing dwelling units:(A)Section 578 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13663; relating to ineligibility of dangerous sex offenders).(B)Section 16(f) of the United States Housing Act of 1937 (42 U.S.C. 1437n(f); relating to ineligibility of certain drug offenders).(C)Sections 20 and 21 of the United States Housing Act of 1937 (42 U.S.C. 1437r, 1437s; relating to resident management).(D)Section 25 of the United States Housing Act of 1937 (42 U.S.C. 1437w; relating to transfer of management at request of residents).(E)Section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k); relating to administrative grievance procedure).(F)Section 6(f) of the United States Housing Act of 1937 (42 U.S.C. 1437d(f); relating to housing quality requirements).(G)Part 964 of title 24, Code of Federal Regulations (relating to tenant participation and opportunities).(3)Retention of rightsTenants occupying a replacement housing unit shall have all rights provided to tenants of the housing from which the tenants were relocated.(4)Size(A)In generalReplacement units shall be of comparable size, unless a market analysis shows a need for other-sized units, in which case such need shall be addressed.(B)BedroomsThe number of bedrooms within each replacement unit shall be sufficient to serve families displaced as a result of the demolition or disposition.(5)Location on siteAt least one-third of all replacement units for public and assisted housing units demolished shall be public or assisted housing units constructed within the immediate area of the original public or assisted housing location, unless the Secretary determines that—(A)construction on the location would result in the violation of a consent decree; or(B)the land on which the public and assisted housing is located is environmentally unsafe or geologically unstable.(6)Location in the neighborhoodAny replacement housing units provided in addition to dwelling units provided pursuant to paragraph (5) shall—(A)be provided in areas within the neighborhood, except that if rebuilding the units within the neighborhood is not feasible, units shall be provided within the jurisdiction of the public housing agency—(i)in a manner that furthers the economic and educational opportunities for residents; and(ii)in areas offering access to public transportation; and(B)have access to social, recreational, educational, commercial, and health facilities and services, including municipal services and facilities, that are comparable to services provided to the revitalized neighborhood from which residents were displaced.(7)Location outside of jurisdictionIf rebuilding replacement housing units within the jurisdiction, in a manner that complies with the requirements of clauses (i) through (iv) of subparagraph (A) and subparagraph (B) of paragraph (6) is not feasible, units may be provided outside of the jurisdiction of the public housing agency, but within the metropolitan area of such jurisdiction, provided—(A)the grantee requests, and the public housing agency or local government in which such units shall be located, agrees to such transfer of units; and(B)the units shall comply with the requirements of clauses (i) through (iv) of subparagraph (A) and subparagraph (B) of paragraph (6).(b)Waiver(1)AuthorityUpon the written request of an applicant for a grant under this Act submitted as part of the transformation plan pursuant to section 7, the Secretary may reduce the percentage applicable under subsection (a)(1) to the transformation plan of the applicant to not less than 90 percent, but only if—(A)a judgment, consent decree, or other order of a court limits the ability of the applicant to comply with such requirements; or(B)the applicant demonstrates that there is an excess supply of affordable rental housing in areas of low poverty and provides data showing that, in the area surrounding the revitalized neighborhood—(i)not less than 90 percent of vouchers issued under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) over the last 24 months to comparable families were successfully used to lease a dwelling unit within 120 days of issuance or, if a sufficient number of comparable families have not received vouchers, an alternative measure, as the Secretary shall design, is met;(ii)existing voucher holders are widely dispersed geographically in areas of low poverty with access to public transportation, education, and other amenities, as determined by the Secretary, among the available private rental housing stock; and(iii)the applicant provides a market analysis demonstrating that—(I)there is a relatively high vacancy rate among units that would meet or exceed housing quality standards, as determined by the Secretary, within the market area with rent and utility costs not exceeding the applicable payment standard under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)); and(II)the high vacancy rate within the market area is expected to continue for the next 5 years or longer.10.Other program requirements(a)Fair housing(1)In generalThe demolition or disposition, relocation, replacement, and re-occupancy of housing units in connection with a grant under this Act shall be carried out in a manner that affirmatively furthers fair housing, as required by section 808(e) of the Civil Rights Act of 1968 (42 U.S.C. 3608(e)). (2)Marketing and outreachGrantees shall adopt affirmative marketing procedures, and require affirmative marketing activities of project owners and managers, which shall be targeted to those who are least likely to apply for the housing, to ensure that all persons regardless of their race, color, national origin, religion, sex, disability, or familial status are aware of the housing opportunities in each project funded with a grant under this Act.(b)Accessibility requirementsAll new construction and alterations of existing buildings carried out in connection with a grant under this Act shall comply with the requirements of the section 504 of Rehabilitation Act of 1973 (29 U.S.C. 794), the Accessibility Standards for Design, Construction, and Alteration of Publicly Owned Residential Structures of the Department of Housing and Urban Development under part 40 of title 24, Code of Federal Regulations, or any successor regulation, the Fair Housing Act (42 U.S.C. 3601 et seq.), and any other requirements as determined by the Secretary.(c)Affordability requirementAmounts from a grant under this Act may not be used for assistance for any housing property unless the owner of the property assisted agrees to a period of affordability for the property which shall be not shorter than the period of affordability to which the property is already subject and remains subject, or 20 years, whichever is longer.(d)Cost limitsSubject to the provisions of this Act, the Secretary shall establish cost limits on eligible activities under this Act sufficient to provide for effective transformation programs.(e)Environmental reviewFor purposes of environmental review, assistance and projects under this Act shall be—(1)treated as assistance for special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547(c)); and(2)subject to the regulations issued by the Secretary to implement such section.(f)Grantee reportingThe Secretary shall require grantees under this Act to report the sources and uses of all amounts expended and other information for transformation plans for the annual report of the Secretary to Congress or other purposes as determined by the Secretary.11.Demolition and disposition(a)Inapplicability of public housing demolition and disposition requirements to transformation planThe demolition or disposition of severely distressed public housing pursuant to a transformation plan approved under this Act shall be exempt from the provisions of section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p).(b)Applicability of public housing demolition and disposition requirements to replacement public housingNothing in this Act may be construed to exempt any replacement public housing dwelling units provided under a transformation plan in accordance with the requirements under section 8 (relating to one-for-one replacement of public housing dwelling units) from the provisions of section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p).12.Phase-specific underwritingTo the extent that a transformation plan provides for different phases of activities, the Secretary may allow for the various phases of the plan to be underwritten on a separate basis.13.Administration by other entitiesThe Secretary may require a grantee under this Act to make arrangements satisfactory to the Secretary for use of an entity other than the original grantee to carry out activities assisted under the transformation plan of the grantee, if—(1)the original grantee has failed to meet performance benchmarks relating to implementation of the transformation plan; and(2)the Secretary determines that the action will help to effectuate the purposes of this Act.14.Withdrawal of fundingIf a grantee under this Act does not proceed within a reasonable timeframe in implementing the transformation plan of the grantee or does not otherwise comply with the requirements of this Act and the grant agreement, as determined by the Secretary, the Secretary may—(1)withdraw any grant amounts under this Act that have not been obligated by the grantee; and(2)redistribute any withdrawn amounts to 1 or more other eligible entities capable of proceeding expeditiously in the same locality in carrying out the transformation plan of the original grantee, or as such plan may be modified and approved by the Secretary, or, if that is not feasible, to 1 or more other applicants that have already received assistance under this Act.15.Annual report; public availability of grant information(a)Annual reportNot less than 90 days before the conclusion of each fiscal year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the implementation and status of grants awarded under this Act, which shall include—(1)the number, type, and cost of affordable housing units revitalized pursuant to this Act;(2)the amount and type of financial assistance provided under and in conjunction with this Act, including a specification of the amount and type of assistance provided for educational opportunities, services, public assets, public transportation, and access to jobs;(3)the impact of grants made under this Act on the original residents, the target neighborhoods, and the larger communities within which they are located;(4)all information submitted to the Secretary pursuant to section 8(e)(1) by all grantees and summaries of the extent of compliance by grantees with the requirements under subsections (a) and (g) of section 8; and(5)any information related to grantees implementation of the requirements under section 9 (relating to one-for-one replacement of public housing dwelling units) and the efforts of the Secretary to coordinate funding pursuant to section 6(e)(3).(b)Public availability of grant information(1)In generalTo the extent not inconsistent with any other provisions of law, the Secretary shall make publicly available through a website of the Department of Housing and Urban Development all documents of, or filed with, the Department relating to the program under this Act, including applications, grant agreements, plans, budgets, reports, and amendments to those documents.(2)PrivacyIn carrying out this subsection, the Secretary shall take such actions as may be necessary to protect the privacy of any residents and households displaced from public or assisted housing as a result of a transformation plan assisted under a grant under this Act.16.FundingThere are authorized to be appropriated the following amounts:(1)Grants$1,000,000,000 for fiscal year 2022 and such sums as may be necessary in each subsequent fiscal year, for grants under this Act, of which, in any fiscal year—(A)up to 10 percent of such amount authorized may be used for planning grants, except that in awarding planning grants, the Secretary may elect to base selection on a subset of the required provisions of this Act;(B)up to 5 percent of the amount authorized may be used for technical assistance and program evaluation efforts related to grants awarded under this Act, or under predecessor programs; and(C)not less than 80 percent shall be used for, or 80 percent of the number of housing units assisted under this Act shall be, public housing units, subject to de minimis variations as may result from the grantee selection process.(2)Rental assistanceSuch sums as may be necessary for fiscal year 2022 and each subsequent fiscal year for providing tenant-based assistance for relocation and for rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for the purposes of complying with section 8(c) of this Act, but not to exceed the amount of assistance for the number of units demolished or disposed of under section 8(c)(1).17.RegulationsNot later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out the following provisions of this Act:(1)Paragraphs (5), (7), (12), (13), and (15) of section 2. (2)Subsections (c) and (f) of section 6.(3)Section 9(b).


115 HR 6616 IH: Everyday Philanthropist Act
U.S. House of Representatives
2018-07-26
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 CONGRESS2d SessionH. R. 6616IN THE HOUSE OF REPRESENTATIVESJuly 26, 2018Mr. Paulsen (for himself, Mr. Gallagher, Mr. Walberg, Mr. Pocan, Mrs. Bustos, and Mr. Bera) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide for flexible giving accounts, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Everyday Philanthropist Act. 2.Flexible giving accounts (a)In generalSubsection (a) of section 132 of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting , or, and by inserting after paragraph (8) the following:

 (9)flexible giving account.. (b)Flexible giving accountSection 132 of such Code is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following:

					(o)Flexible giving account
						(1)In general
 (A)Flexible giving accountFor purposes of this subsection, a flexible giving account is an account under an arrangement which is a separate written plan of an employer for the exclusive benefit of all eligible employees under which—
 (i)an employee may elect— (I)to receive a reduction in compensation and have the employer deposit the amount of the reduction in a flexible giving account of the electing employee, and
 (II)before the reduction under subclause (I), to designate one or more entities to which distributions are to be made from the account,
 (ii)the employer, as soon after the deposit under clause (i)(I) as practicable, makes the disbursements designated under clause (i),
 (iii)the employer provides reasonable notification of the availability and terms of the arrangement to all eligible employees,
 (iv)the employer maintains a separate flexible giving account on behalf of each employee for whom an election is in effect clause (i), and
 (v)the employer agrees to furnish to each participating employee, on or before January 31 of each year, a written accounting of the employee’s flexible giving account showing deposits and disbursements during the previous calendar year.
 (B)Maximum reductionThe amount of a reduction under subparagraph (A) for a taxable year shall not exceed $5,000. (2)Eligible employeeFor purposes of this subsection—
							(A)In general
 (i)Eligible employeeThe term eligible employee means, with respect to a flexible giving account, any employee who is not a highly compensated or key employee and who is eligible to participate in the arrangement.
 (ii)Highly compensated employeeThe term highly compensated employee has the meaning given such term by section 414(q). (iii)Key employeeThe term key employee has the meaning given such term by section 416(i).
 (B)Certain employees may be excludedFor purposes of subparagraph (A), an employer may elect to exclude under the arrangement described in paragraph (1) any employee who—
 (i)has not attained the age of 21 before the close of a plan year of the arrangement, (ii)has less than 1 year of service with the employer as of any day during the plan year, and
 (iii)is described in section 410(b)(3)(C) (relating to nonresident aliens working outside the United States).
 (C)Shorter service period; younger ageAn arrangement may provide a shorter period of service or younger age for purposes of subparagraph (B).
							(3)Tax treatment of distributions
 (A)In generalAny distribution from a flexible giving account shall be includible in the gross income of the distributee in the manner as provided in section 72.
							(B)Exception for charitable contributions
 (i)In generalSubparagraph (A) shall not apply to any distribution which is a charitable contribution made pursuant to paragraph (1).
 (ii)Coordination with section 170Distributions from the flexible giving account of an employee— (I)shall be treated as a charitable contribution of the employee,
 (II)shall not be taken into account under section 170(a) (relating to allowance of deduction), but (III)shall be taken into account under section 170(b) (relating to percentage limitation).
 (C)Additional tax for distributions not used for charitable purposesThe tax imposed by this chapter for any taxable year on any taxpayer from whose flexible giving account a distribution is made that is includible in gross income shall be increased by 20 percent of the amount which is so includible.
 (D)Identifying InformationNo distribution shall be excluded from the gross income under subparagraph (B) unless the taxpayer provides on the return of tax the name and address of the entity to whom the distribution is made. In the case of a failure to provide the information required by the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required.
 (4)Charitable contributionFor purposes of this section, the term charitable contribution has the meaning given such term by section 170(c), except that such term irrevocable transfers of funds and not just a pledges or agreement to make a transfer in the future..
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


113 HR 4295 IH: Protecting Airline Passengers from Sexual Assaults Act of 2014
U.S. House of Representatives
2014-03-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4295
		IN THE HOUSE OF REPRESENTATIVES

			March 25, 2014
			Ms. Norton introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

		A BILL
		To direct the Administrator of the Federal Aviation Administration to collect and maintain data on
			 the number of sexual assaults that occur on aircraft during flights in
			 passenger air transportation, and for other purposes.

		1.Short titleThis Act may be cited as the Protecting Airline Passengers from Sexual Assaults Act of 2014.
		2.Sexual assault data
			(a)In generalNot later than 1 year after the date of enactment of this Act, the Administrator of the Federal
			 Aviation Administration shall establish a program to collect and maintain
			 data on the number of sexual assaults that occur on aircraft during
			 flights in passenger air transportation.
			(b)Data availabilityThe Administrator shall make available to the public on the primary Internet Web site of the
			 Federal Aviation Administration the data maintained under subsection (a).
			(c)DefinitionsIn this section, the following definitions apply:
				(1)Air transportationThe term air transportation has the meaning given that term in section 40102(a)(5) of title 49, United States Code, and
			 includes intrastate air transportation.
				(2)AircraftThe term aircraft has the meaning given that term in section 40102(a)(6) of title 49, United States Code.
				(3)Intrastate air transportationThe term intrastate air transportation has the meaning given that term in section 40102(a)(27) of title 49, United States Code.


		II
		112th CONGRESS
		2d Session
		S. 3580
		IN THE SENATE OF THE UNITED STATES

			September 20, 2012
			Mr. Brown of Ohio (for
			 himself and Mr. Portman) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To require the Corps of Engineers to preserve the
		  historical integrity of Zoar, Ohio, while carrying out any study relating to or
		  construction of flood damage reduction measures, including levees, in Zoar,
		  Ohio.

		1.Conditions relating to flood
			 damage reduction measures in Zoar, OhioThe Secretary of the Army, acting through
			 the Chief of Engineers, shall preserve in place, consistent with the Standards
			 for Preservation and Guidelines for Preserving Historic Buildings, published by
			 the Secretary of the Interior, the historical integrity of Zoar, Ohio, while
			 carrying out any study relating to or construction of flood damage reduction
			 measures, including levees, in Zoar, Ohio.