115 S3561 ES: National Guard and Reserve Entrepreneurship Support Act
U.S. Senate

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EN
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115th CONGRESS2d SessionS. 3561IN THE SENATE OF THE UNITED STATESAN ACTTo support entrepreneurs serving in the National Guard and Reserve, and for other purposes.

 1.Short titleThis Act may be cited as the National Guard and Reserve Entrepreneurship Support Act. 2.Extension of loan assistance and deferral eligibility to reservists beyond periods of military conflict (a)Small Business Act amendmentsSection 7 of the Small Business Act (15 U.S.C. 636) is amended—
 (1)in subsection (b)(3)— (A)in subparagraph (A)—
 (i)by striking clause (ii); (ii)by redesignating clause (i) as clause (ii);
 (iii)by inserting before clause (ii), as so redesignated, the following:  (i)the term active service has the meaning given that term in section 101(d)(3) of title 10, United States Code;; and
 (iv)in clause (ii), as so redesignated, by adding and at the end; (B)in subparagraph (B), by striking being ordered to active military duty during a period of military conflict and inserting being ordered to perform active service for a period of more than 30 consecutive days;
 (C)in subparagraph (C), by striking active duty each place it appears and inserting active service; and (D)in subparagraph (G)(ii)(II), by striking active duty and inserting active service; and
 (2)in subsection (n)— (A)in the subsection heading, by striking Active Duty and inserting Active Service;
 (B)in paragraph (1)— (i)by striking subparagraph (C);
 (ii)by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (iii)by inserting before subparagraph (B), as so redesignated, the following:

 (A)Active serviceThe term active service has the meaning given that term in section 101(d)(3) of title 10, United States Code.;  (iv)in subparagraph (B), as so redesignated, by striking ordered to active duty during a period of military conflict and inserting ordered to perform active service for a period of more than 30 consecutive days; and
 (v)in subparagraph (D), by striking active duty each place it appears and inserting active service; and (C)in paragraph (2)(B), by striking active duty each place it appears and inserting active service.
 (b)ApplicabilityThe amendments made by subsection (a)(1) shall apply to an economic injury suffered or likely to be suffered as the result of an essential employee being ordered to perform active service (as defined in section 101(d)(3) of title 10, United States Code) for a period of more than 30 consecutive days who is discharged or released from such active service on or after the date of enactment of this Act.
 (c)Semiannual reportNot later than 180 days after the date of enactment of this Act, and semiannually thereafter, the President shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and the Committee on Small Business and the Committee on Appropriations of the House of Representatives a report on the number of loans made under the Military Reservist Economic Injury Disaster Loan program and the dollar volume of those loans. The report shall contain the subsidy rate of the disaster loan program as authorized under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) with the loans made under the Military Reservist Economic Injury Disaster Loan program and without those loans included.
 (d)Technical and conforming amendmentSection 8(l) of the Small Business Act (15 U.S.C. 637(l)) is amended— (1)by striking The Administration and inserting the following:

 (1)In generalThe Administration;  (2)by striking (as defined in section 7(n)(1)); and
 (3)by adding at the end the following:  (2)Definition of period of military conflictIn this subsection, the term period of military conflict means—
 (A)a period of war declared by the Congress; (B)a period of national emergency declared by the Congress or by the President; or
 (C)a period of a contingency operation, as defined in section 101(a) of title 10, United States Code.. 3.National Guard and Reserve Deployment Support and Business Training Program (a)Expansion of Small Business Administration outreach programsSection 8(b)(17) of the Small Business Act (15 U.S.C. 637(b)(17)) is amended by striking and members of a reserve component of the Armed Forces and inserting members of a reserve component of the Armed Forces, and the spouses of veterans and members of a reserve component of the Armed Forces.
 (b)Establishment of programSection 32 of the Small Business Act (15 U.S.C. 657b) is amended by adding at the end the following:

					(g)National Guard and Reserve Deployment Support and Business Training
 (1)In generalIn making grants carried out under section 8(b)(17), the Associate Administrator shall establish a program, to be known as the National Guard and Reserve Deployment Support and Business Training Program, to provide training, counseling and other assistance to support members of a reserve component of the Armed Forces and their spouses.
 (2)AuthoritiesIn carrying out this subsection, the Associate Administrator may— (A)modify programs and resources made available through section 8(b)(17) to provide pre-deployment and other information specific to members of a reserve component of the Armed Forces and their spouses;
 (B)collaborate with the Chief of the National Guard Bureau or the Chief's designee, State Adjutant Generals or their designees, and other public and private partners; and
 (C)provide training, information, and other resources to the Chief of the National Guard Bureau or the Chief's designee and State Adjutant Generals or their designees for the purpose of supporting members of a reserve component of the Armed Forces and the spouses of veterans and members of a reserve component of the Armed Forces..Passed the Senate December 6, 2018.Secretary


114 SRES 417 ATS: Celebrating the 144th anniversary of Arbor Day.
U.S. Senate
2016-04-11
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III114th CONGRESS2d SessionS. RES. 417IN THE SENATE OF THE UNITED STATESApril 11, 2016Mrs. Fischer (for herself and Mr. Sasse) submitted the following resolution; which was considered and agreed toRESOLUTIONCelebrating the 144th anniversary of Arbor Day.

 Whereas Arbor Day was founded in Nebraska City, Nebraska on April 10, 1872, to recognize the importance of planting trees;
 Whereas it is estimated that on the first Arbor Day, more than 1,000,000 trees were planted in the State of Nebraska alone;
 Whereas Arbor Day is observed in all 50 States and across the world;
 Whereas participating in Arbor Day activities promotes civic participation and highlights the importance of planting and caring for trees and vegetation;
 Whereas those activities provide an opportunity to convey to future generations the value of land and stewardship;
 Whereas National Arbor Day is observed on the last Friday of April each year; and
 Whereas April 29, 2016, marks the 144th anniversary of Arbor Day: Now, therefore, be it

 That the Senate— (1)recognizes April 29, 2016, as National Arbor Day;
 (2)celebrates the 144th anniversary of Arbor Day;
 (3)supports the goals and ideals of National Arbor Day; and
 (4)encourages the people of United States to participate in National Arbor Day activities.


117 SRES 379 ATS: Expressing support for the designation of the week of September 13, 2021, through September 17, 2021, as “National Small Business Week” to celebrate the contributions of small businesses and entrepreneurs in every community in the United States.
U.S. Senate
2021-09-22
text/xml
EN
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III117th CONGRESS1st SessionS. RES. 379IN THE SENATE OF THE UNITED STATESSeptember 22, 2021Mr. Cardin (for himself, Mr. Paul, Mr. Durbin, Mr. Grassley, Mr. Merkley, Mr. Risch, Ms. Cortez Masto, Mr. Wicker, Mr. Markey, Mr. Boozman, Mr. Carper, Mr. Blunt, Mr. King, Mrs. Blackburn, Mr. Coons, Ms. Collins, Ms. Smith, Mr. Young, Mr. Blumenthal, Mr. Inhofe, Mr. Warnock, Mr. Hoeven, Ms. Cantwell, Ms. Ernst, Mr. Luján, Mr. Rubio, Ms. Rosen, Mr. Cassidy, Ms. Hirono, Mrs. Hyde-Smith, Mr. Peters, Mrs. Capito, Mr. Marshall, Mr. Lankford, Mr. Romney, Mr. Tillis, Mr. Braun, Mr. Cornyn, Mr. Kennedy, Mr. Daines, Mr. Hawley, Mrs. Fischer, Mr. Crapo, Mr. Reed, Mr. Hickenlooper, and Mr. Scott of Florida) submitted the following resolution; which was considered and agreed toRESOLUTIONExpressing support for the designation of the week of September 13, 2021, through September 17, 2021, as National Small Business Week to celebrate the contributions of small businesses and entrepreneurs in every community in the United States.Whereas a National Small Business Week has been declared by every President since 1963;Whereas there are more than 30,000,000 small businesses in the United States that support more than 60,000,000 jobs;Whereas thousands of small business establishments have been particularly hard hit by the COVID–19 pandemic and government lockdowns;Whereas small businesses will play an integral role in rebuilding the economy of the United States; andWhereas September 13, 2021, through September 17, 2021, would be an appropriate week to celebrate National Small Business Week: Now, therefore, be itThat the Senate—(1)honors and celebrates the entrepreneurial spirit and contributions of small businesses in every community in the United States;(2)applauds the efforts and achievements of the owners of small businesses and their employees in every community of the United States;(3)recognizes that in the face of significant challenges, the owners of small businesses have demonstrated incredible resilience over the past 18 months;(4)supports the designation of National Small Business Week;(5)acknowledges the importance of providing access to underserved firms; and(6)supports efforts to—(A)hold Federal agencies accountable for fraud, waste, and abuse of taxpayer dollars; and(B)create an environment that enables small businesses to grow and create jobs.


		II
		112th CONGRESS
		1st Session
		S. 1562
		IN THE SENATE OF THE UNITED STATES

			September 15, 2011
			Mr. Lugar (for himself
			 and Ms. Collins) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To amend section 1502 of title 5, United States Code, to
		  permit law enforcement officers to be candidates for sheriff, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 State and Local Law Enforcement Hatch
			 Act Reform Act of 2011.
		2.Hatch Act
			 Reform
			(a)Permitting law
			 enforcement officers To be candidates for sheriffSection 1502(c) of title 5, United States
			 Code, is amended—
				(1)in paragraph (3),
			 by striking or after the semicolon;
				(2)in paragraph (4),
			 by striking the period and inserting ; or; and
				(3)by adding at the
			 end the following:

						(5)a law enforcement officer who is a
				candidate for
				sheriff.
						.
				(b)Political
			 activitiesSection 1502 of title 5, United States Code, is
			 amended by adding at the end the following:

					(d)Subsection (a)(1) of this section does not
				prohibit a sheriff from participating in political campaigns for, or endorsing,
				political candidates running for elective office by—
						(1)attending or
				speaking at political campaign rallies or events;
						(2)holding or
				sponsoring political fundraisers; or
						(3)appearing on
				political advertisements, including print, radio, television, or any other form
				of
				advertising.
						.
			(c)Amendment to
			 definitionsSection 1501 of
			 title 5, United States Code, is amended—
				(1)in paragraph (3),
			 by striking and after the semicolon;
				(2)in paragraph (4),
			 by striking the period and inserting a semicolon; and
				(3)by adding at the
			 end the following:

						(5)law enforcement officer
				means a State or local officer or employee whose duties are primarily the
				investigation, apprehension, or detention of individuals suspected or convicted
				of offenses against the criminal laws of a State or local jurisdiction,
				including an officer or employee engaged in this activity who is transferred to
				a supervisory or administrative position; and
						(6)sheriff means an individual
				who holds the elected Office of Sheriff, as defined by State constitution or
				State statute, of a county, town, township, parish, village, or other general
				purpose political subdivision of a
				State.
						.
				3.Statute of
			 limitationsSection 1504 of
			 title 5, United States Code, is amended—
			(1)by inserting
			 (a) In
			 general.— before When; and
			(2)by adding at the
			 end the following:

					(b)Statute of
				limitations for law enforcement officersWith respect to
				paragraphs (1) and (3) of section 1502(a), the Special Counsel may not present
				any charges against a law enforcement officer under subsection (a) after the
				end of the 6-month period beginning on the later of—
						(1)the date of the alleged violation of
				paragraph (1) or (3) of section 1502(a), as the case may be; or
						(2)the date of the
				enactment of the State and Local Law Enforcement Hatch Act Reform Act of
				2011.
						.


116 S282 IS: Genetically Engineered Salmon Labeling Act
U.S. Senate
2019-01-30
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.

II116th CONGRESS1st SessionS. 282IN THE SENATE OF THE UNITED STATESJanuary 30, 2019Ms. Murkowski (for herself, Mr. Sullivan, Ms. Cantwell, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the market name of genetically altered salmon in the United States, and for other
			 purposes.

		1.Short
 titleThis Act may be cited as the Genetically Engineered Salmon Labeling Act.
 2.PurposesIt is the purpose of this Act to ensure that consumers in the United States can make informed decisions when purchasing salmon.
		3.Market name for genetically engineered salmon
 (a)In GeneralNotwithstanding subtitle E of title II of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639 et seq.), or any other provision of law, for purposes of applying the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the acceptable market name of any salmon that is genetically engineered shall include the words “Genetically Engineered” or GE prior to the existing acceptable market name.
 (b)DefinitionFor purposes of this section, salmon is genetically engineered if it has been modified by recombinant DNA (rDNA) techniques, including the entire lineage of salmon that contain the rDNA modification.


113 HR 382 IH: Preserve Land Freedom For Americans Act
U.S. House of Representatives
2013-01-23
text/xml
EN
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		I
		113th CONGRESS
		1st Session
		H. R. 382
		IN THE HOUSE OF REPRESENTATIVES

			January 23, 2013
			Ms. Foxx (for
			 herself, Mr. Schweikert,
			 Mr. Weber of Texas,
			 Mrs. Blackburn,
			 Mr. LaMalfa,
			 Mr. Gohmert, and
			 Mr. Mulvaney) introduced the following
			 bill; which was referred to the Committee
			 on Natural Resources

		A BILL
		To provide for State approval of national monuments, and
		  for other purposes.

		1.Short titleThis Act may be cited as the
			 Preserve Land Freedom For Americans
			 Act.
		2.Designation of
			 national monumentsThe Act of
			 June 8, 1906 (16 U.S.C. 431 et seq.) is amended—
			(1)in section 2 (16 U.S.C. 431), by striking
			 Sec. 2.
			 That the and inserting the following:

					2.Designation of
				national monumentsAfter
				obtaining approval from the Governor and the legislature of each State within
				the boundaries of which the proposed national monument would be located,
				the
					;
				and
			(2)by adding at the
			 end the following:

					5.Restrictions on
				public useThe Secretary of
				the Interior shall not implement any restrictions on the public use of a
				national monument until the expiration of an appropriate review period (as
				determined by the Secretary of the Interior) providing for public input and
				State approval under section
				2.
					.


116 HR 4340 IH: To assist in the conservation of highly endangered amphibian species in foreign countries, and for other purposes.
U.S. House of Representatives
2019-09-17
text/xml
EN
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I116th CONGRESS1st SessionH. R. 4340IN THE HOUSE OF REPRESENTATIVESSeptember 17, 2019Mr. Jeffries (for himself and Mr. King of New York) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo assist in the conservation of highly endangered amphibian species in foreign countries, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Supporting Activities & Leadership Abroad to Move Amphibians Nearing Decline or Extinction to Recovery Act of 2019 or the SALAMANDER Act of 2019. 2.DefinitionsIn this Act:
 (1)ConventionThe term Convention means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249).
 (2)ConservationThe term conservation means the protection and restoration of species and the habitat of such species. (3)FundThe term Fund means the Highly Endangered Amphibians Conservation Fund established by section 5.
			(4)Highly endangered amphibian species
 (A)In generalThe term highly endangered amphibian species means— (i)any amphibian species categorized on the International Union Conservation of Nature Red List of Threatened Species as either Endangered or Critically Endangered; and
 (ii)any other amphibian species categorized on the International Union Conservation of Nature Red List of Threatened Species as Data Deficient or under a threat category lower than Endangered if the Secretary determines that—
 (I)the most recent International Union Conservation of Nature Red List assessment indicates that the population is decreasing; or
 (II)such species is facing new or emerging threats. (B)InclusionsThe term highly endangered amphibian species includes—
 (i)live specimens, at all lifecycle stages, of species described in subparagraph (A); (ii)dead specimens, or parts or products thereof, of such species.
 (5)Multinational species conservation fundThe term Multinational Species Conservation Fund means the fund established under the heading multinational species conservation fund in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246).
 (6)SecretaryThe term Secretary means the Secretary of the Interior. 3.Highly endangered amphibian species assistance (a)In generalIn consultation with other Federal officials, the Secretary shall use amounts in the Fund to carry out a competitive grant program to provide financial assistance for the conservation of highly endangered amphibian species.
			(b)Project proposals
 (1)Eligible applicantsA proposal for a grant under subsection (a) may be submitted to the Secretary by— (A)any wildlife management authority of a foreign country that has within its boundaries natural habitat of the highly endangered amphibians if the activities of the authority directly or indirectly benefit that species’ conservation; or
 (B)any other person or group with the demonstrated expertise and capacity required for the conservation of a highly endangered amphibian species.
 (2)Required elementsA project proposal shall include— (A)evidence of support for the project by appropriate governmental entities of the country in which the project will be conducted, if the Secretary determines that such support is required for the success of the project;
 (B)evidence of sensitivity to local historic and cultural resources and compliance with applicable laws;
 (C)evidence of free, prior, and informed consent by indigenous peoples and local communities in the areas the project will be conducted, if the Secretary, based on the nature of the project, determines that such consent is required for the success of the project;
 (D)information regarding the source and amount of matching funding available for the project; and (E)any other information that the Secretary determines to be appropriate.
					(c)Evaluation and Approval
 (1)GoalsThe Secretary may approve a proposal under this section if the project will— (A)help recover and sustain viable populations in the wild of a highly endangered amphibian species with a range that is, in whole or in part, outside of the United States;
 (B)enhance compliance with provisions of the Convention and laws of the United States or a foreign country related to the conservation of a highly endangered amphibian species; or
 (C)develop sound scientific information on that species’ habitat, population numbers and trends, reproduction, mortality, and other threats to survival.
 (2)MethodsThe Secretary may approve a proposal under this section if the proposal would achieve one of the goals set forth in paragraph (1) through—
 (A)protection, restoration, and management of habitat; (B)in situ research and monitoring of populations, habitats, annual reproduction, and species population trends;
 (C)development, implementation, and improvement of national and regional management plans for a highly endangered amphibian species and the habitat of such species;
 (D)enforcement and implementation of the Convention or the law of a foreign country to— (i)protect and manage a highly endangered amphibian species or the habitat of such species;
 (ii)prevent illegal or unsustainable removal of a highly endangered amphibian species from the wild; or (iii)prevent illegal trade of a highly endangered amphibian species;
 (E)training and capacity building for local law enforcement officials in the interdiction and prevention of the illegal killing, removal from the wild, or trade of a highly endangered amphibian species;
 (F)an initiative to resolve a conflict between humans and a highly endangered amphibian species; (G)research and implementation of projects to address disease and threats to the health of a highly endangered amphibian species;
 (H)community outreach and education on conservation of a highly endangered amphibian species and the habitat of such species; or
 (I)strengthening the ability of local communities to implement a conservation program. (3)ConsultationThe Secretary shall, prior to approving any proposal under this section, consult with each of the following with respect to such proposal:
 (A)The Government of each country in which such proposal will be carried out. (B)Any other Federal agency the Secretary determines is appropriate.
 (4)Preferential considerationIn determining whether to approve a proposal, the Secretary shall give preference to a proposal that—
 (A)is designed to ensure effective, long-term conservation of highly endangered amphibian species and their habitats; and
 (B)has matching funds available. (5)ApprovalThe Secretary shall, within 180 days of receiving a proposal under this section, approve or disapprove of the proposal and provide written notification of such approval or disapproval to—
 (A)the person who submitted such proposal; (B)any Federal agency the Secretary determines appropriate; and
 (C)the foreign country in which such proposal would be carried out. (d)Project reporting (1)In generalThe Secretary shall require each person that receives assistance under this section to submit periodic reports including such information as the Secretary may require in order to evaluate the progress and success of each grant issued under this section.
 (2)Availability to the publicReports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act except for documents that the Secretary determines to be confidential in nature, shall be made available to the public.
 (e)Limitations on use for captive breedingAmounts provided as a grant under this Act— (1)may not be used for captive breeding of highly endangered amphibian species other than for captive breeding designed for release into the wild; and
 (2)may be used for captive breeding of a species for release into the wild only if no other conservation method for the species is biologically or technically feasible.
				4.Highly Endangered Amphibian Species Conservation fund
 (a)EstablishmentThere is established in the Multinational Species Conservation Fund a separate account to be known as the Highly Endangered Amphibian Species Conservation Fund, consisting of—
 (1)amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e);
 (2)amounts appropriated to the Fund under section 6; and (3)any interest earned on investment of amounts in the Fund under subsection (c).
				(b)Expenditures from fund
 (1)In generalSubject to paragraph (2), at the request of the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 4.
 (2)Administrative expensesOf the amounts in the account available for each fiscal year, the Secretary may expend not more than 3 percent, or up to $150,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act.
				(c)Investment of amounts
 (1)In generalThe Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States.
 (2)Acquisition of obligationsFor the purpose of investments under paragraph (1), obligations may be acquired— (A)on original issue at the issue price; or
 (B)by purchase of outstanding obligations at market price. (3)Sale of obligationsAny obligation acquired by the Fund may be sold by the Secretary of the Treasury at market price.
 (4)Credits to fundThe interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.
				(d)Transfers of amounts
 (1)In generalThe amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.
 (2)AdjustmentsProper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
 (e)Acceptance and use of donationsThe Secretary may accept and use donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit in the Fund. The Secretary may reject a gift under this section when the rejection is in the interest of the Government.
 5.Authorization of appropriationsThere is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2020 through 2025.
 6.Report to CongressNot later than 1 year after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a report on the results and effectiveness of the program carried out under this Act.


115 S3309 RS: DHS Cyber Incident Response Teams Act of 2018
U.S. Senate
2018-07-31
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.

IICalendar No. 716115th CONGRESS2d SessionS. 3309[Report No. 115–412]IN THE SENATE OF THE UNITED STATESJuly 31, 2018Ms. Hassan (for herself and Mr. Portman) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsDecember 4, 2018Reported by Mr. Johnson, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo authorize cyber incident response teams at the Department of Homeland Security, and for other
			 purposes.

 1.Short titleThis Act may be cited as the DHS Cyber Incident Response Teams Act of 2018. 2.Department of Homeland Security cyber incident response teams (a)In generalSection 227 of the Homeland Security Act of 2002 (6 U.S.C. 148) is amended—
 (1)in subsection (d)(1)(B)(iv), by inserting , including cybersecurity specialists after entities; (2)by redesignating subsections (f) through (m) as subsections (g) through (n), respectively;
 (3)by inserting after subsection (e) the following:  (f)Cyber incident response teams (1)In generalThe Center shall maintain cyber hunt and incident response teams for the purpose of providing, as appropriate and upon request, assistance, including—
 (A)assistance to asset owners and operators in restoring services following a cyber incident; (B)identification of cybersecurity risk and unauthorized cyber activity;
 (C)mitigation strategies to prevent, deter, and protect against cybersecurity risks; (D)recommendations to asset owners and operators for improving overall network and control systems security to lower cybersecurity risks, and other recommendations, as appropriate; and
 (E)such other capabilities as the Under Secretary appointed under section 103(a)(1)(H) determines appropriate.
 (2)Cybersecurity specialistsThe Secretary may include cybersecurity specialists from the private sector on cyber hunt and incident response teams.
 (3)Associated metricsThe Center shall continually assess and evaluate the cyber incident response teams and the operations of those cyber incident response teams using robust metrics.
 (4)ReportAt the conclusion of each of the first 4 fiscal years after the date of the enactment of this subsection, the Center shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that includes—
 (A)information relating to the metrics used for evaluation and assessment of the cyber incident response teams and operations under paragraph (3), including the resources and staffing of those cyber incident response teams; and
 (B)for the period covered by the report— (i)the total number of incident response requests received;
 (ii)the number of incident response tickets opened; and (iii)a statement of—
 (I)all interagency staffing of incident response teams; and (II)the interagency collaborations established to support incident response teams.; and
 (4)in subsection (g), as so redesignated— (A)in paragraph (1), by inserting , or any team or activity of the Center, after Center; and
 (B)in paragraph (2), by inserting , or any team or activity of the Center, after Center. (b)No additional funds authorizedNo additional funds are authorized to be appropriated to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized to be appropriated.

 1.Short titleThis Act may be cited as the DHS Cyber Incident Response Teams Act of 2018. 2.Department of Homeland Security cyber hunt and incident response teams (a)In generalSection 227 of the Homeland Security Act of 2002 (6 U.S.C. 148) is amended—
 (1)in subsection (d)(1)(B)(iv), by inserting , including cybersecurity specialists after entities; (2)by redesignating subsections (f) through (m) as subsections (g) through (n), respectively;
 (3)by inserting after subsection (e) the following:  (f)Cyber hunt and incident response teams (1)In generalThe Center shall maintain cyber hunt and incident response teams for the purpose of leading Federal asset response activities and providing timely technical assistance to Federal and non-Federal entities, including across all critical infrastructure sectors, regarding actual or potential security incidents, as appropriate and upon request, including—
 (A)assistance to asset owners and operators in restoring services following a cyber incident; (B)identification and analysis of cybersecurity risk and unauthorized cyber activity;
 (C)mitigation strategies to prevent, deter, and protect against cybersecurity risks; (D)recommendations to asset owners and operators for improving overall network and control systems security to lower cybersecurity risks, and other recommendations, as appropriate; and
 (E)such other capabilities as the Secretary determines appropriate.
 (2)Associated metricsThe Center shall continually assess and evaluate the cyber hunt and incident response teams and the operations of those cyber hunt and incident response teams using robust metrics.
 (3)ReportAt the conclusion of each of the first 4 fiscal years after the date of enactment of the DHS Cyber Incident Response Teams Act of 2018, the Center shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that includes—
 (A)information relating to the metrics used for evaluation and assessment of the cyber hunt and incident response teams and operations under paragraph (2), including the resources and staffing of those cyber hunt and incident response teams; and
 (B)for the period covered by the report— (i)the total number of incident response requests received;
 (ii)the number of incident response tickets opened; and (iii)a statement of—
 (I)all interagency staffing of cyber hunt and incident response teams; and (II)the interagency collaborations established to support cyber hunt and incident response teams.
 (4)Cybersecurity specialistsAfter notice to, and with the approval of, the entity requesting action by or technical assistance from the Center, the Secretary may include cybersecurity specialists from the private sector on a cyber hunt and incident response team.; and
 (4)in subsection (g), as so redesignated— (A)in paragraph (1), by inserting , or any team or activity of the Center, after Center; and
 (B)in paragraph (2), by inserting , or any team or activity of the Center, after Center. (b)No additional funds authorizedNo additional funds are authorized to be appropriated to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized to be appropriated.December 4, 2018Reported with an amendment


115 HR 2119 IH: Therapeutic Fraud Prevention Act of 2017
U.S. House of Representatives
2017-04-25
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.

I115th CONGRESS1st SessionH. R. 2119IN THE HOUSE OF REPRESENTATIVESApril 25, 2017Mr. Ted Lieu of California (for himself, Ms. Pelosi, Mr. Aguilar, Mr. Blumenauer, Ms. Bonamici, Mr. Carbajal, Ms. Judy Chu of California, Mr. Cicilline, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Cohen, Mrs. Davis of California, Ms. DeGette, Ms. DelBene, Mrs. Demings, Mr. DeSaulnier, Mr. Engel, Mr. Espaillat, Ms. Esty of Connecticut, Mr. Gallego, Mr. Al Green of Texas, Mr. Grijalva, Mr. Hastings, Mr. Himes, Ms. Jackson Lee, Ms. Jayapal, Mr. Keating, Mr. Kildee, Mr. Langevin, Mr. Larsen of Washington, Ms. Lee, Mrs. Lowey, Mr. Lynch, Mrs. Carolyn B. Maloney of New York, Mr. Sean Patrick Maloney of New York, Ms. Matsui, Ms. McCollum, Ms. Moore, Mr. Moulton, Mr. Nadler, Mrs. Napolitano, Ms. Norton, Mr. Pallone, Mr. Panetta, Mr. Pascrell, Mr. Peters, Ms. Pingree, Mr. Pocan, Mr. Quigley, Ms. Rosen, Mr. Rush, Ms. Schakowsky, Mr. Schiff, Mr. Serrano, Ms. Sinema, Ms. Slaughter, Ms. Speier, Mr. Swalwell of California, Mr. Takano, Ms. Tsongas, Ms. Velázquez, Ms. Wasserman Schultz, Mrs. Watson Coleman, Mr. Welch, Ms. Brownley of California, Mr. Higgins of New York, Ms. Eshoo, Mr. McGovern, and Mr. Schrader) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo prohibit, as an unfair or deceptive act or practice, commercial sexual orientation conversion
			 therapy, and for other purposes.

 1.Short titleThis Act may be cited as the Therapeutic Fraud Prevention Act of 2017. 2.FindingsCongress makes the following findings:
 (1)Being lesbian, gay, bisexual, transgender, or gender nonconforming is not a disorder, disease, illness, deficiency, or shortcoming.
 (2)The national community of professionals in education, social work, health, mental health, and counseling has determined that there is no scientifically valid evidence that supports the practice of attempting to prevent a person from being lesbian, gay, bisexual, transgender, or gender nonconforming.
 (3)Such professionals have determined that there is no evidence that conversion therapy is effective or that an individual’s sexual orientation or gender identity can be changed by conversion therapy.
 (4)Such professionals have also determined that the potential risks of conversion therapy are not only that it is ineffective, but also that it is substantially dangerous to an individual’s mental and physical health, and has been shown to contribute to depression, self-harm, low self-esteem, family rejection, and suicide.
 (5)It is in the interest of the Nation to prevent lesbian, gay, bisexual, transgender, and gender nonconforming people and their families from being defrauded by persons seeking to profit by offering this harmful and wholly ineffective therapy.
 3.DefinitionsIn this Act: (1)Conversion therapyThe term conversion therapy—
 (A)means any practice or treatment by any person that seeks to change another individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender, if such person receives monetary compensation in exchange for such practices or treatments; and
 (B)does not include any practice or treatment, which does not seek to change sexual orientation or gender identity, that—
 (i)provides assistance to an individual undergoing a gender transition; or (ii)provides acceptance, support, and understanding of a client or facilitation of a client’s coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices.
 (2)Gender identityThe term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.
 (3)PersonThe term person means any individual, partnership, corporation, cooperative, association, or any other entity. (4)Sexual orientationThe term sexual orientation means homosexuality, heterosexuality, or bisexuality.
			4.Unfair or deceptive acts and practices related to conversion therapy
 (a)Unlawful conductIt shall be unlawful for any person— (1)to provide conversion therapy to any individual if such person receives monetary compensation in exchange for such services;
 (2)to advertise for the provision of conversion therapy and claim in such advertising— (A)to change another individual’s sexual orientation or gender identity;
 (B)to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender; or
 (C)that such efforts are harmless or without risk to individuals receiving such therapy; or (3)to assist or facilitate the provision of conversion therapy to an individual if such person receives monetary compensation, from any source, in connection with providing conversion therapy.
				(b)Enforcement by Federal Trade Commission
 (1)Violation of ruleA violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
				(2)Powers of commission
 (A)In generalThe Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
 (B)Privileges and immunitiesAny person who violates subsection (a) shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
 (3)RegulationsThe Federal Trade Commission may promulgate, in accordance with section 553 of title 5, United States Code, such regulations as the Commission considers appropriate to carry out this section.
				(c)Enforcement by States
 (1)In generalIf the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates subsection (a), the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief.
				(2)Rights of federal trade commission
					(A)Notice to federal trade commission
 (i)In generalExcept as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Federal Trade Commission that the attorney general intends to bring such civil action.
 (ii)ContentsThe notification required under clause (i) shall include a copy of the complaint to be filed to initiate the civil action.
 (iii)ExceptionIf it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action.
 (B)Intervention by federal trade commissionThe Commission may— (i)intervene in any civil action brought by the attorney general of a State under paragraph (1); and
 (ii)upon intervening— (I)be heard on all matters arising in the civil action; and
 (II)file petitions for appeal of a decision in the civil action. (3)Investigatory powersNothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence.
 (4)Preemptive action by federal trade commissionIf the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (a), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action.
				(5)Venue; service of process
 (A)VenueAny action brought under paragraph (1) may be brought in— (i)the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or
 (ii)another court of competent jurisdiction. (B)Service of processIn an action brought under paragraph (1), process may be served in any district in which—
 (i)the defendant is an inhabitant, may be found, or transacts business; or (ii)venue is proper under section 1391 of title 28, United States Code.
						(6)Actions by other state officials
 (A)In generalIn addition to a civil action brought by an attorney general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general.
 (B)Savings provisionNothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.
 5.SeverabilityIf any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and its application to any person or circumstance shall not be affected thereby.


115 HR 7226 IH: Good Samaritan Remediation of Orphan Hardrock Mines Act of 2018
U.S. House of Representatives
2018-12-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 7226IN THE HOUSE OF REPRESENTATIVESDecember 6, 2018Mr. Tipton introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Natural Resources, 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 concernedA BILLTo promote remediation of orphan hardrock mines, and for other purposes.

 1.Short titleThis Act may be cited as the Good Samaritan Remediation of Orphan Hardrock Mines Act of 2018. 2.DefinitionsIn this Act:
 (1)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency. (2)Cooperating personThe term cooperating person means any person that is named by the Good Samaritan in the permit application as a cooperating entity.
 (3)Federal land management agencyThe term Federal land management agency means any Federal agency authorized by law or executive order to exercise jurisdiction, custody, or control over land owned by the United States.
 (4)Good SamaritanThe term Good Samaritan means a person that, with respect to historic mine residue, as determined by the Administrator— (A)is not a past or current owner or operator of—
 (i)the orphan mine site at which the historic mine residue is located; or (ii)a portion of that orphan mine site;
 (B)had no role in the creation of the historic mine residue; and (C)is not potentially liable under any Federal, State, Tribal, or local law for the remediation, treatment, or control of the historic mine residue.
 (5)Good Samaritan permitThe term Good Samaritan permit means a permit granted by the Administrator under section 4(a)(1). (6)Historic mine residue (A)In generalThe term historic mine residue means mine residue or any condition at an orphan mine site resulting from hardrock mining activities conducted on—
 (i)Federal land under sections 2319 through 2352 of the Revised Statutes (commonly known as the Mining Law of 1872; 30 U.S.C. 22 et seq.); or (ii)State or private land.
 (B)InclusionsThe term historic mine residue includes— (i)previously mined ores and minerals other than coal that contribute to acid mine drainage or other pollution;
 (ii)equipment (including materials in equipment); (iii)any tailings, heap leach piles, dump leach piles, waste rock, overburden, slag piles, or other waste or material resulting from any extraction, beneficiation, or other processing activity that occurred during the active operation of an orphan mine site;
 (iv)any acidic or otherwise polluted flow in surface water or groundwater that originates from, or is pooled and contained in, an inactive or abandoned mine site, such as underground workings, open pits, in-situ leaching operations, ponds, or impoundments;
 (v)any hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); (vi)any pollutant or contaminant (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); and
 (vii)any pollutant (as defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)).
 (7)Indian tribeThe term Indian tribe has the meaning given the term in section 518(h) of the Federal Water Pollution Control Act (33 U.S.C. 1377(h)).
 (8)Investigative sampling permitThe term investigative sampling permit means a permit granted by the Administrator under section 4(d)(1). (9)Orphan mine site (A)In generalThe term orphan mine site means an abandoned or inactive hardrock mine site and any facility associated with an abandoned or inactive hardrock mine site—
 (i)that was used for the production of a mineral other than coal conducted on Federal land under sections 2319 through 2352 of the Revised Statutes (commonly known as the Mining Law of 1872; 30 U.S.C. 22 et seq.) or on non-Federal land; and
 (ii)for which, based on information supplied by the Good Samaritan after review of publicly available data and after review of other information in the possession of the Administrator, the Administrator or, in the case of a site on land owned by the United States, the Federal land management agency, determines that no responsible owner or operator has been identified—
 (I)who is potentially liable for, or has been required to perform or pay for, environmental remediation activities under applicable law; and
 (II)other than, in the case of a mine site located on land owned by the United States, a Federal land management agency that has not been involved in mining activity on that land, except that the approval of a plan of operations under the hardrock mining regulations of the applicable Federal land management agency shall not be considered involvement in the mining activity.
 (B)InclusionThe term orphan mine site includes a hardrock mine site (including associated facilities) that was previously the subject of a completed response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or a similar Federal and State reclamation or cleanup program, including the remediation of mine-scarred land under the brownfields revitalization program under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)).
				(C)Exclusions
 (i)In generalThe term orphan mine site does not include a mine site (including associated facilities)— (I)in a temporary shutdown or cessation;
 (II)included on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) or is proposed for inclusion on that list;
 (III)that is the subject of a planned or ongoing response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or a similar Federal and State reclamation or cleanup program; (IV)that has a responsible owner or operator; or
 (V)that actively mined or processed minerals after December 11, 1980. (10)Passive landownerThe term passive landowner means an individual who—
 (A)owns property containing an orphan mine site; (B)had no part in the operation of the orphan mine site; and
 (C)took ownership of the property described in subparagraph (A) after termination of the mining operation at the orphan mine site.
 (11)PersonThe term person means any entity described in— (A)section 502(5) of the Federal Water Pollution Control Act (33 U.S.C. 1362(5)); and
 (B)section 101(21) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(21)).
				(12)Remediation
 (A)In generalThe term remediation means any action taken to investigate, characterize, or cleanup, in whole or in part, a discharge, release, or threat of release of a hazardous substance, pollutant, or contaminant into the environment at or from an orphan mine site, or to otherwise protect and improve human health and the environment.
 (B)InclusionThe term remediation includes any action to remove, treat, or contain historic mine residue to prevent, minimize, or reduce—
 (i)the release or threat of release of a hazardous substance, pollutant, or contaminant that would harm human health or the environment; or
 (ii)a migration or discharge of a hazardous substance, pollutant, or contaminant that would harm human health or the environment.
 (13)ReservationThe term reservation has the meaning given the term Indian country in section 1151 of title 18, United States Code. (14)Responsible owner or operatorThe term responsible owner or operator means a person that is—
				(A)
 (i)legally responsible under section 301 of the Federal Water Pollution Control Act (33 U.S.C. 1311) for a discharge that originates from an orphan mine site; and
 (ii)financially able to comply with each requirement described in that section; or (B) (i)a present or past owner or operator or other person that is liable with respect to a release or threat of release of a hazardous substance, pollutant, or contaminant associated with the historic mine residue at or from an orphan mine site under section 104, 106, 107, or 113 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604, 9606, 9607, 9613); and
 (ii)financially able to comply with each requirement described in those sections, as applicable. 3.ScopeNothing in this Act (or an amendment made by this Act)—
 (1)reduces any existing liability; (2)releases any person from liability, except in compliance with this Act;
 (3)authorizes the conduct of any mining or processing other than the conduct of any processing of previously mined ores, minerals, wastes, or other materials that is authorized by a Good Samaritan permit;
 (4)imposes liability on the United States or a Federal land management agency pursuant to section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the Federal Water Pollution Control Act (33 U.S.C. 1311); or
 (5)relieves the United States or any Federal land management agency from any liability under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the Federal Water Pollution Control Act (33 U.S.C. 1311) that exists apart from any action undertaken pursuant to this Act.
			4.Orphan mine site Good Samaritan pilot project authorization
			(a)Establishment
 (1)In generalThe Administrator shall establish a pilot program under which the Administrator shall grant not more than 15 Good Samaritan permits to carry out projects to remediate historic mine residue at any portions of orphan mine sites in accordance with this Act.
 (2)Oversight of permitsThe Administrator may oversee the remediation project under paragraph (1), and any action taken by the applicable Good Samaritan or any cooperating person under the applicable Good Samaritan permit, for the duration of the Good Samaritan permit, as the Administrator determines to be necessary to review the status of the project.
				(b)Good Samaritan permit eligibility
 (1)In generalTo be eligible to receive a Good Samaritan permit to carry out a project to remediate an orphan mine site, a person shall demonstrate that—
 (A)the orphan mine site that is the subject of the application for a Good Samaritan permit is located in the United States;
 (B)the purpose of the proposed project is the remediation at that orphan mine site of historic mine residue;
 (C)the proposed activities are designed to result in the partial or complete remediation of historic mine residue at the orphan mine site;
 (D)to the satisfaction of the Administrator, the person— (i)possesses, or has the ability to secure, the financial and other resources necessary—
 (I)to complete the permitted work, as determined by the Administrator; and (II)to address any contingencies identified in the Good Samaritan permit application described in subsection (c);
 (ii)possesses the proper and appropriate experience and capacity to complete the permitted work; and (iii)will complete the permitted work; and
 (E)the person is a Good Samaritan with respect to the historic mine residue proposed to be covered by the Good Samaritan permit.
					(2)Identification of all responsible owners or operators
 (A)In generalA Good Samaritan shall make reasonable and diligent efforts to identify, from a review of publicly available information in land records or on internet websites of Federal, State, and local regulatory authorities, all responsible owners or operators of an orphan mine site proposed to be remediated by the Good Samaritan under this section.
 (B)Existing responsible owner or operatorIf the Administrator determines, based on information provided by a Good Samaritan or otherwise, that a responsible owner or operator exists for an orphan mine site proposed to be remediated by the Good Samaritan, the Administrator shall deny the application for a Good Samaritan permit.
 (c)Application for permitsTo obtain a Good Samaritan permit, a person shall submit to the Administrator an application, signed by the person and any cooperating person, that provides, to the extent known or reasonably discoverable by the person on the date on which the application is submitted—
 (1)a description of the orphan mine site (including the boundaries of the orphan mine site) proposed to be covered by the Good Samaritan permit;
 (2)a description of all parties proposed to be involved in the remediation project, including any cooperating person and each member of an applicable corporation, association, partnership, consortium, joint venture, commercial entity, or nonprofit association;
 (3)evidence that the person has or will acquire all legal rights or the authority necessary to enter the relevant orphan mine site and perform the remediation described in the application;
 (4)a detailed description of the historic mine residue to be remediated; (5)a detailed description of the expertise and experience of the person and the resources available to the person to successfully implement and complete the remediation plan under paragraph (7);
 (6)to the satisfaction of the Administrator and subject to subsection (d), a description of the baseline environmental conditions, including potentially affected surface water quality and hydrological conditions, affected by the historic mine residue to be remediated that includes—
 (A)the nature and extent of any adverse impact on the water quality of any body of water caused by the drainage of historic mine residue or other discharges from the orphan mine site;
 (B)the flow rate and concentration of any drainage of historic mine residue or other discharge from the orphan mine site in any body of water that has resulted in an adverse impact described in subparagraph (A); and
 (C)any other release or threat of release of historic mine residue that has resulted in an adverse impact to public health or the environment;
 (7)subject to subsection (d), a remediation plan for the orphan mine site that describes— (A)the nature and scope of the proposed remediation activities, including—
 (i)any historic mine residue to be addressed by the remediation plan; and (ii)a description of the goals of the remediation including, if applicable, with respect to—
 (I)the reduction or prevention of a release, threat of release, or discharge to surface waters; or (II)other appropriate goals relating to water or soil;
 (B)each activity that the person proposes to take that is designed— (i)to improve or enhance water quality or site-specific soil quality relevant to the historic mine residue addressed by the remediation plan; or
 (ii)to otherwise protect human health and the environment (including through the prevention of a release, discharge, or threat of release to water or soil);
 (C)the monitoring or other form of assessment, if any, that will be undertaken by the person to evaluate the success of the activities described in subparagraph (A) during and after the remediation, with respect to the baseline conditions, as described in paragraph (6);
 (D)to the satisfaction of the Administrator, detailed engineering plans for the project; (E)any proposed recycling or reprocessing of historic mine residue to be conducted by the person (including a description of how all proposed recycling or reprocessing activities relate to the remediation of the orphan mine site); and
 (F)identification of any proposed contractor that will perform any remediation activity; (8)subject to subsection (d), a schedule for the work to be carried out under the project, including a schedule for periodic reporting by the person on the remediation of the orphan mine site;
 (9)subject to subsection (d), in the case of a remediation activity that requires plugging, opening, or otherwise altering the portal or adit of an orphan mine site, an evaluation of orphan mine site conditions, including an assessment of any pooled water or hydraulic pressure in the orphan mine site conducted by a licensed professional engineer;
 (10)a health and safety plan that is specifically designed for mining remediation work; (11)a specific contingency plan that—
 (A)includes provisions on response and notification to Federal, State, and local authorities with jurisdiction over downstream waters that have the potential to be impacted by an unplanned release or discharge of hazardous substances, pollutants, or contaminants; and
 (B)is designed to respond to unplanned adverse events (such as potential fluid release that may result from addressing pooled water or hydraulic pressure situations), including the sudden release of historic mine residue;
 (12)subject to subsection (d), a project budget and description of financial resources that demonstrate that the permitted work, including any operation and maintenance, will be completed;
 (13)subject to subsection (d), information demonstrating that the applicant has the financial resources to carry out the remediation (including any long-term monitoring that may be required by the Good Samaritan permit) or the ability to secure an appropriate third-party financial assurance, as determined by the Administrator, to ensure completion of the permitted work, including any long-term operations and maintenance of remediation activities that may be—
 (A)proposed in the application for the Good Samaritan permit; or (B)required by the Administrator as a condition of granting the permit;
 (14)subject to subsection (d), a detailed plan for any required operation and maintenance of any remediation, including a timeline, if necessary;
 (15)subject to subsection (d), a description of any planned post-remediation monitoring, if necessary; and
 (16)subject to subsection (d), any other appropriate information, as determined by the Administrator or the applicant.
				(d)Investigative sampling
 (1)Investigative sampling permitsThe Administrator may grant an investigative sampling permit for a period determined by the Administrator to authorize a person to conduct investigative sampling of historic mine residue, soil, or water to determine—
 (A)baseline conditions; and (B)whether the person—
 (i)is willing to perform further remediation to address the historic mine residue; and (ii)will proceed with a permit conversion under subsection (e)(1).
 (2)ApplicationIf a person proposes to conduct investigative sampling, the person shall submit to the Administrator a Good Samaritan permit application that contains, to the satisfaction of the Administrator—
 (A)each description required under paragraphs (1), (2), (5), and (6) of subsection (c); (B)the evidence required under subsection (c)(3);
 (C)each plan required under paragraphs (10) and (11) of subsection (c); and (D)a detailed plan of the investigative sampling.
 (3)Permit limitationsIf a person submits an application that proposes only investigative sampling of historic mine residue, soil, or water that only includes the requirements described in paragraph (2), the Administrator may only grant an investigative sampling permit that authorizes the person only to carry out the plan of investigative sampling of historic mine residue, soil, or water, as described in the investigative sampling permit application under paragraph (2).
 (4)Requirements relating to samplesIn conducting investigative sampling of historic mine residue, soil, or water, a person shall— (A)collect samples that are representative of the conditions present at the orphan mine site that is the subject of the investigative sampling permit; and
 (B)retain publically available records of all sampling events for a period of not less than 3 years. (5)Post-sampling remediation (A)Refusal to convert permitSubject to subparagraph (B), a person who obtains an investigative sampling permit may decline to apply to convert the investigative sampling permit into a Good Samaritan permit under paragraph (6) and decline to undertake remediation on conclusion of investigative sampling.
 (B)Return to preexisting conditionsIf the activities carried out by a person under an investigative sampling permit result in surface water quality conditions, or any other environmental conditions, that are worse than the preexisting conditions of the applicable orphan mine site due to historic mine residue at the orphan mine site, the person shall undertake actions to return the orphan mine site to those preexisting conditions.
 (6)Permit conversionNot later than 1 year after the date on which the investigative sampling under the investigative sampling permit concludes, a person to whom an investigative sampling permit is granted under paragraph (1) may apply to convert an investigative sampling permit into a Good Samaritan permit under subsection (e)(1).
				(e)Investigative sampling conversion
 (1)In generalA person to which an investigative sampling permit was granted may submit to the Administrator an application in accordance with paragraph (2) to convert the investigative sampling permit into a Good Samaritan permit.
				(2)Application
 (A)Investigative samplingAn application for the conversion of an investigative sampling permit under paragraph (1) shall include any requirement described in subsection (c) that was not included in full in the application submitted under subsection (d)(2).
 (B)Public notice and commentAn application for permit conversion under this paragraph shall be subject to— (i)a period of public notice and comment; and
 (ii)a public hearing, if requested. (f)Content of permits (1)In generalA Good Samaritan permit shall contain—
 (A)the information described in subsection (c), including any modification required by the Administrator;
					(B)
 (i)a provision that states that the Good Samaritan is responsible for securing, for all activities authorized under the Good Samaritan permit, all authorizations, licenses, and permits that are required under applicable law except for—
 (I)section 301, 302, 306, 307, 402, or 404 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1316, 1317, 1342, 1344); and
 (II)authorizations, licenses, and permits that would not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621); or
 (ii)in the case of an orphan mine site in a State that is authorized to implement State law pursuant to section 402 or 404 of the Federal Water Pollution Control Act (33 U.S.C. 1342, 1344) or on land of an Indian tribe that is authorized to implement Tribal law pursuant to that section, a provision that states that the Good Samaritan is responsible for securing, for all activities authorized under the Good Samaritan permit, all authorizations, licenses, and permits that are required under applicable law, except for—
 (I)the State or Tribal law, as applicable; and (II)authorizations, licenses, and permits that would not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621);
 (C)specific public notification requirements, including the contact information for all appropriate response centers in accordance with subsection (o); and
 (D)any other terms and conditions determined to be appropriate by the Administrator. (2)Force majeureA Good Samaritan permit may include, at the request of the Good Samaritan, a provision that a Good Samaritan may assert a claim of force majeure for any violation of the Good Samaritan permit caused solely by—
 (A)an act of God; (B)an act of war;
 (C)negligence on the part of the United States; or (D)an act or omission of a third party, if the Good Samaritan—
 (i)exercises due care with respect to the actions of the Good Samaritan under the Good Samaritan permit, as determined by the Administrator;
 (ii)took precautions against foreseeable acts or omissions of the third party, as determined by the Administrator; and
 (iii)uses reasonable efforts— (I)to anticipate any potential force majeure; and
 (II)to address the effects of any potential force majeure. (3)Monitoring (A)In generalThe Good Samaritan shall take such actions as the Good Samaritan permits requires to ensure appropriate baseline monitoring, monitoring during the remediation project, and post-remediation monitoring of the environment under paragraphs (6), (7), and (15), respectively, of subsection (c).
 (B)Multiparty monitoringThe Administrator may approve in a Good Samaritan permit the monitoring by multiple cooperating persons if, as determined by the Administrator—
 (i)the multiparty monitoring will effectively accomplish the goals of this section; and (ii)the Good Samaritan remains responsible for compliance with the terms of the Good Samaritan permit.
 (4)Signature by Good SamaritanThe signature of the relevant Good Samaritan and a cooperating person, if any, on the Good Samaritan permit shall be considered to be an acknowledgment by the Good Samaritan that the Good Samaritan accepts the terms and conditions of the Good Samaritan permit.
				(5)Other development
 (A)No authorization of mining activitiesExcept as provided in the Good Samaritan permit, no mineral exploration, processing, beneficiation, or mining shall be—
 (i)authorized by this Act; or (ii)covered by any waiver of liability provided by this Act from applicable law.
 (B)Sale or use of materialsA Good Samaritan may sell or use materials recovered during the implementation of a remediation plan only if all of the proceeds from the sale or use of the materials are first used—
 (i)to defray the costs of the remediation; and (ii)to the extent required by the Good Samaritan permit, to reimburse the Administrator or the head of a Federal land management agency for any costs incurred for oversight of the Good Samaritan.
 (C)Connection with other activitiesThe commingling or association of any other discharge of water or historic mine residue or any activity, project, or operation with any aspect of a project subject to a Good Samaritan permit shall not limit or reduce the liability of any person associated with the other discharge of water or historic mine residue or activity, project, or operation.
 (g)Additional workA Good Samaritan permit may allow the Good Samaritan to return to the orphan mine site after the completion of the remediation to perform operations and maintenance or other work—
 (1)to ensure the functionality of the orphan mine site; or (2)to protect public health and the environment.
 (h)TimingWork authorized under a Good Samaritan permit— (1)shall commence, as applicable—
 (A)not later than the date that is 18 months after the date on which the Administrator granted the Good Samaritan permit, unless the Administrator grants an extension under subsection (r)(3)(B)(i); or
 (B)if the grant of the Good Samaritan permit is the subject of a petition for judicial review, not later than the date that is 18 months after the date on which the judicial review, including any appeals, has concluded; and
 (2)shall continue until completed, with temporary suspensions permitted during adverse weather or other conditions specified in the Good Samaritan permit.
 (i)Transfer of permitsA Good Samaritan permit may be transferred to another person only if— (1)the Administrator determines that the transferee qualifies as a Good Samaritan;
 (2)the transferee signs, and agrees to be bound by the terms of, the Good Samaritan permit; (3)the Administrator includes in the transferred Good Samaritan permit any additional conditions necessary to meet the goals of this Act; and
 (4)in the case of a project carried out or proposed to be carried out under the transferred Good Samaritan permit on land owned by the United States—
 (A)the head of the appropriate Federal land management agency consents to the transfer; and (B)the transferee enters into any applicable special use permit or other land use agreement with that Federal land management agency.
 (j)Role of AdministratorIn carrying out this section, the Administrator shall— (1)consult with prospective applicants;
 (2)convene, coordinate, and lead the application review process; (3)maintain all records relating to the Good Samaritan permit and the permit process;
 (4)provide an opportunity for cooperating persons and the public to participate in the Good Samaritan permit process, including—
 (A)a public comment period; and (B)a public hearing, if requested; and
 (5)enforce and otherwise carry out this section. (k)State, local, and Tribal governmentsAs soon as practicable, but not later than 14 days after the date on which the Administrator receives an application for the remediation of an orphan mine site under this section, the Administrator shall provide notice and a copy of the application to—
 (1)each local government with jurisdiction over a drinking water utility, and each Indian tribe with reservation or off-reservation treaty rights to land or water, located downstream from a proposed remediation project that is reasonably anticipated to be adversely impacted by a potential release of contaminants from the orphan mine site, as determined by the Administrator;
 (2)each Federal, State, and Tribal agency that may have an interest in the application; and (3)in the case of an orphan mine site that is located partially or entirely on land owned by the United States, the Federal land management agency with jurisdiction over that land.
				(l)Public notice of receipt of applications
 (1)In generalNot later than 30 days after the date on which the Administrator receives a complete application for a Good Samaritan permit, the Administrator shall provide to the public a notice that—
 (A)describes— (i)the location of the relevant orphan mine site;
 (ii)the scope and nature of the proposed remediation; and (iii)the name of the person applying for the Good Samaritan permit; and
 (B)provides to the public a means of viewing or obtaining the application, including, at a minimum, posting the application on the website of the Administrator.
					(2)Hearing
 (A)In generalBefore the date on which the Administrator grants a Good Samaritan permit, if requested, the Administrator shall hold a public hearing in the vicinity of the affected orphan mine site.
 (B)NoticeNot later than 30 days before the date of a hearing under subparagraph (A), the Administrator shall provide to the public—
 (i)notice of the hearing; and (ii)a draft Good Samaritan permit.
 (C)CommentsThe Administrator shall provide to the relevant applicant and the public the opportunity— (i)to comment on the draft Good Samaritan permit at the public hearing; and
 (ii)to submit written comments to the Administrator during the 30-day period beginning on the date of the hearing.
						(m)Permit grant
 (1)In generalThe Administrator may grant a Good Samaritan permit to carry out a project for the remediation of an orphan mine site only if—
 (A)the Administrator determines that— (i)the person seeking the permit is a Good Samaritan;
 (ii)the application described in subsection (c) is complete; (iii)the project is designed to remediate historic mine residue at the orphan mine site to protect public health and the environment;
 (iv)the proposed project is designed to meet all other goals, as determined by the Administrator, including any goals set forth in the application for the Good Samaritan permit that are accepted by the Administrator;
 (v)the proposed activities are designed to result in, as compared to the baseline conditions described in subsection (c)(6)—
 (I)improved water or soil quality or other environmental or safety conditions; or (II)reductions in further threats to water or soil quality or other environmental or safety conditions;
 (vi)the applicant has— (I)demonstrated that the applicant has the proper and appropriate experience and capacity to complete the permitted work;
 (II)demonstrated that the applicant will complete the permitted work; (III)the financial and other resources to address any contingencies identified in the Good Samaritan permit application described in subsections (b) and (c);
 (IV)granted access and provided the authority to review the records of the applicant relevant to compliance with the requirements of the Good Samaritan permit; and
 (V)demonstrated, to the satisfaction of the Administrator, that— (aa)the applicant has, or has access to, the financial resources to complete the project described in the Good Samaritan permit application, including any long-term monitoring and operations and maintenance that the Administrator may require the applicant to perform in the Good Samaritan permit; or
 (bb)the applicant has established a third-party financial assurance mechanism, such as a corporate guarantee from a parent or other corporate affiliate, letter of credit, trust, surety bond, or insurance to assure that funds are available to complete the permitted work, including for operations and maintenance and to address potential contingencies, that establishes the Administrator or the head of the Federal land management agency as the beneficiary of the third-party financial assurance mechanism and that allows the Administrator to retain and use the funds from the financial assurance mechanism in the event the Good Samaritan does not complete the remediation under the Good Samaritan permit; and
 (vii)the project meets the requirements of this Act; (B)the State or Indian tribe with jurisdiction over land on which the orphan mine site is located has been given an opportunity to review and, if necessary, comment on the grant of the Good Samaritan permit;
 (C)in the case of a project proposed to be carried out under the Good Samaritan permit partially or entirely on land owned by the United States—
 (i)the head of the Federal land management agency with jurisdiction over that land reviews and concurs with the grant of the Good Samaritan permit; and
 (ii)the Good Samaritan has entered into any applicable special use permit or other land use agreement with the Federal land management agency pursuant to applicable Federal land management law; and
 (D)the Administrator has provided— (i)notice under subsection (l); and
 (ii)a period of public comment and a public hearing under that subsection, if requested. (2)Relation to NEPA (A)In generalThe grant or modification of a Good Samaritan permit by the Administrator shall not be considered a major Federal action significantly affecting the quality of the human environment for purposes of section 102 of the National Environmental Policy Act (42 U.S.C. 4332).
 (B)LimitationNothing in this paragraph exempts the Secretary of Agriculture or the Secretary of the Interior, as applicable, from any other requirements of section 102 of the National Environmental Policy Act (42 U.S.C. 4332).
					(3)Deadline
 (A)In generalThe Administrator shall grant or deny a Good Samaritan permit by not later than— (i)the date that is 180 days after the date of receipt by the Administrator of an application for the Good Samaritan permit that, as determined by the Administrator, is complete and meets all applicable requirements of subsection (c); or
 (ii)such later date as may be determined by the Administrator with notification provided to the applicant.
 (B)Constructive denialIf the Administrator fails to grant or deny a Good Samaritan permit by the applicable deadline described in subparagraph (A), the application shall be considered to be denied.
					(n)Effect of permits
 (1)In generalA Good Samaritan, recipient of an investigative sampling permit, passive landowner, and any cooperating person undertaking remediation activities identified in and carried out pursuant to and in full compliance with a Good Samaritan permit—
 (A)shall be considered to be in compliance with all requirements (including permitting requirements) under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (including any law or regulation implemented by a State or Indian tribe under section 402 or 404 of the Federal Water Pollution Control Act (33 U.S.C. 1342, 1344)) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) during the term of the Good Samaritan permit and after the termination of the Good Samaritan permit;
 (B)shall not be required to obtain a permit under, or to comply with, section 301, 302, 306, 307, 402, or 404 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1316, 1317, 1342, 1344), or any State or Tribal standards or regulations approved by the Administrator under those sections of that Act, during the term of the Good Samaritan permit and after the termination of the Good Samaritan permit; and
 (C)shall not be required to obtain any authorizations, licenses, or permits that would otherwise not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621).
					(2)Activities not relating to remediation
 (A)In generalA Good Samaritan or any cooperating person that carries out any activity relating to mineral exploration, processing, beneficiation, or mining, including development, that is not authorized by the applicable Good Samaritan permit shall be subject to all applicable law.
 (B)LiabilityAny activity not authorized by a Good Samaritan permit, as determined by the Administrator, may be subject to liability and enforcement under all applicable law, including—
 (i)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (ii)the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
						(3)No enforcement liability
 (A)DischargesSubject to subparagraphs (B) and (C), a Good Samaritan, recipient of an investigative sampling permit, passive landowner, or cooperating person that is conducting remediation pursuant to a Good Samaritan permit shall not be subject to enforcement, civil or criminal penalties, citizen suits, or any other liability (including any liability for response costs, natural resource damage, or contribution) under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (including under any law or regulation administered by a State or Indian tribe under that Act) or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for any actions undertaken or for any past, present, or future releases, threats of releases, or discharges of hazardous substances, pollutants, or contaminants at or from the orphan mine site that is the subject of the Good Samaritan permit (including any releases, threats of releases, or discharges that occurred prior to the grant of the Good Samaritan permit) during the term of the Good Samaritan permit and after termination of the Good Samaritan permit.
 (B)Other partiesNothing in subparagraph (A) limits the liability of any person that is not described in that subparagraph.
 (C)Violation of permit prior to terminationNotwithstanding subparagraph (A), if the Good Samaritan, passive landowner, or cooperating person violates the terms of the Good Samaritan permit and that violation results in surface water quality or other environmental conditions that are worse than baseline conditions at the orphan mine site, the Administrator—
 (i)shall notify the Good Samaritan of the violation; and (ii)may require the Good Samaritan to undertake reasonable measures, as determined by the Administrator, to return surface water quality or other environmental conditions to the condition that existed prior to the violation.
 (o)Public notification of adverse eventA Good Samaritan shall notify all appropriate Federal, State, Tribal, and local entities of any unplanned or previously unknown release of historic mine residue caused by the actions of the Good Samaritan, passive landowner, or any cooperating person in accordance with—
 (1)section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9603); (2)section 304 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11004);
 (3)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (4)any other applicable provision of Federal law; and
 (5)any other applicable provision of State, Tribal, or local law. (p)Grant eligibilityA remediation project conducted under a Good Samaritan permit shall be eligible for funding pursuant to—
 (1)section 319 of the Federal Water Pollution Control Act (33 U.S.C. 1329); and (2)section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)).
				(q)Emergency authority and liability
 (1)Emergency authorityNothing in this section affects the authority of— (A)the Administrator to take any responsive action authorized by law; or
 (B)a Federal, State, Tribal, or local agency to carry out any emergency authority, including an emergency authority provided under Federal, State, Tribal, or local law.
 (2)LiabilityExcept as specifically provided in this Act, nothing in this Act or a Good Samaritan permit limits the liability of any person (including a Good Samaritan or any cooperating person) under any provision of law.
				(r)Termination of authority
				(1)Termination
 (A)In generalExcept as provided in subparagraph (B), the authority to grant Good Samaritan permits pursuant to this Act shall terminate on the date that is 7 years after the date of enactment of this Act.
 (B)ExceptionNotwithstanding subparagraph (A), the Administrator may grant a Good Samaritan permit pursuant to this Act after the date identified in subparagraph (A) if the application for the Good Samaritan permit—
 (i)was submitted not later than 180 days before that date; and (ii)was completed in accordance with subsection (e)(1) by not later than 7 years after the date of enactment of this Act.
 (2)Effect on certain permitsAny Good Samaritan permit granted by the deadline prescribed in subparagraph (A) or (B) of paragraph (1), as applicable, that is in effect on the date that is 7 years after the date of enactment of this Act shall remain in effect after that date in accordance with—
 (A)the terms and conditions of the Good Samaritan permit; and (B)this Act.
					(3)Termination of permit
 (A)In generalA Good Samaritan permit shall terminate, as applicable— (i)on inspection and notice from the Administrator to the recipient of the Good Samaritan permit that the permitted work has been completed in accordance with the terms of the Good Samaritan permit, as determined by the Administrator;
 (ii)if the Administrator terminates a permit under paragraph (4)(B)(i); or (iii)except as provided in subparagraph (B)—
 (I)on the date that is 18 months after the date on which the Administrator granted the Good Samaritan permit, if the permitted work has not commenced by that date; or
 (II)if the grant of the Good Samaritan permit was the subject of a petition for judicial review, on the date that is 18 months after the date on which the judicial review, including any appeals, has concluded, if the permitted work has not commenced by that date.
							(B)Extension
 (i)In generalIf the Administrator is otherwise required to terminate a Good Samaritan permit under subparagraph (A)(iii), the Administrator may grant an extension of the Good Samaritan permit.
 (ii)LimitationAny extension granted under clause (i) shall be not more than 180 days for each extension. (4)Unforeseen circumstances (A)In generalThe recipient of a Good Samaritan permit or investigative sampling permit may seek to modify or terminate the Good Samaritan permit or investigative sampling permit to take into account any event or condition that—
 (i)significantly reduces the feasibility or significantly increases the cost of completing the remediation project that is the subject of the Good Samaritan permit or investigative sampling permit;
 (ii)was not— (I)reasonably contemplated by the recipient of the permit; or
 (II)taken into account in the remediation plan of the recipient of the permit; and (iii)is beyond the control of the recipient of the permit, as determined by the Administrator.
						(B)Termination
 (i)In generalSubject to subsection (n)(3), the Administrator shall terminate a Good Samaritan permit or investigative sampling permit if—
 (I)the recipient of the permit seeks termination of the permit under subparagraph (A); (II)the factors described in subparagraph (A) are satisfied; and
 (III)the Administrator determines that remediation activities conducted by the Good Samaritan or person pursuant to the Good Samaritan permit or investigative sampling permit, respectively, may result in surface water quality conditions, or any other environmental conditions, that will be worse than the baseline conditions, as described in subsection (c)(6), as applicable.
 (ii)Effect of terminationNotwithstanding the termination of a Good Samaritan permit or investigative sampling permit under clause (i), the provisions of paragraphs (1), (2), and (3) of subsection (n) shall continue to apply to the Good Samaritan, the recipient of an investigative sampling permit, and any cooperating persons after the termination.
 (5)Long-term operations and maintenanceIn the case of a project that involves long-term operations and maintenance at an orphan mine site located on land owned by the United States, the project may be considered complete and the Administrator may terminate the Good Samaritan permit under this subsection if the applicable Good Samaritan has entered into an agreement with the applicable Federal land management agency or a cooperating person for the long-term operations and maintenance that includes sufficient funding for the long-term operations and maintenance.
				(s)Regulations
 (1)In generalSubject to paragraph (2), not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of the Interior and the Secretary of Agriculture, and appropriate State, Tribal, and local officials, shall promulgate regulations to establish—
 (A)requirements for remediation plans described in subsection (c); and (B)any other requirement that the Administrator determines to be necessary to carry out this Act.
 (2)Specific requirements before promulgation of regulationsBefore the date on which the Administrator promulgates regulations under paragraph (1), the Administrator may establish, on a case-by-case basis, specific requirements that the Administrator determines would facilitate the implementation of this subsection with respect to a Good Samaritan permitting program.
				5.Special accounts
 (a)EstablishmentThere is established in the Treasury of the United States a Good Samaritan Mine Remediation Fund (referred to in this section as a Fund) for each Federal land management agency that authorizes a Good Samaritan to conduct a project on Federal land under the jurisdiction of that Federal land management agency under a Good Samaritan permit.
 (b)DepositsEach Fund shall consist of— (1)amounts provided in appropriation Acts;
 (2)any reimbursements for the costs of oversight received under section 4(f)(5)(B)(ii); (3)any financial assurance funds collected from an agreement described in section 4(m)(1)(A)(vi)(V)(bb);
 (4)any funds collected for long-term operations and maintenance under an agreement under section 4(r)(5);
 (5)any interest earned under an investment under subsection (c); and (6)any proceeds from the sale or redemption of investments held in the Fund.
 (c)Unused fundsAmounts in each Fund not currently needed to carry out this Act shall be— (1)maintained as readily available or on deposit;
 (2)invested in obligations of the United States or guaranteed by the United States; or (3)invested in obligations, participations, or other instruments that are lawful investments for a fiduciary, a trust, or public funds.
 (d)Retain and use authorityEach head of a Federal land management agency, as appropriate, may, notwithstanding any other provision of law, retain and use money deposited in the applicable Fund without fiscal year limitation for the purpose of carrying out this Act.
 (e)LimitationAmounts in each Fund may only be used for the Good Samaritan project for which the funds were deposited.
			6.Report to Congress
 (a)In generalNot later than 8 years after the date of enactment of this Act, the Administrator, in consultation with the heads of Federal land management agencies, shall submit to the Committee on Environment and Public Works of the Senate and the Committees on Transportation and Infrastructure, Energy and Commerce, and Natural Resources of the House of Representatives a report evaluating the Good Samaritan pilot program under this Act.
 (b)InclusionsThe report under subsection (a) shall include— (1)a description of—
 (A)the number, types, and objectives of Good Samaritan permits granted pursuant to this Act; and (B)each remediation project authorized by those Good Samaritan permits;
 (2)qualitative and quantitative data on the results achieved under the Good Samaritan permits before the date of issuance of the report;
 (3)a description of— (A)any problems encountered in administering this Act; and
 (B)whether the problems have been or can be remedied by administrative action (including amendments to existing law);
 (4)a description of progress made in achieving the purposes of this Act; and (5)recommendations on whether the Good Samaritan pilot program under this Act should be continued, including a description of any modifications (including amendments to existing law) required to continue administering this Act.


110 HR 1978 IH: To designate the United States courthouse located at 101

U.S. House of Representatives
2007-04-20
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. 1978
		IN THE HOUSE OF REPRESENTATIVES

			April 20, 2007
			Mr. Hall of Texas
			 (for himself, Mr. Conaway,
			 Mr. Marchant,
			 Mr. Poe, Mr. Neugebauer, Mr.
			 McCaul of Texas, Mr.
			 Culberson, Mr. Hensarling,
			 Mr. Burgess,
			 Mr. Sam Johnson of Texas,
			 Mr. Barton of Texas,
			 Mr. Thornberry,
			 Ms. Granger,
			 Mr. Hinojosa,
			 Mr. Edwards, and
			 Mr. Ortiz) introduced the following
			 bill; which was referred to the Committee
			 on Transportation and Infrastructure

		A BILL
		To designate the United States courthouse located at 101
		  East Pecan Street in Sherman, Texas, as the Paul Brown United States
		  Courthouse.

		1.DesignationThe United States courthouse located at 101
			 East Pecan Street in Sherman, Texas, shall be known and designated as the
			 Paul Brown United States Courthouse.
		2.ReferencesAny reference in a law, map, regulation,
			 document, paper, or other record of the United States to the United States
			 courthouse referred to in section 1 shall be deemed to be a reference to the
			 Paul Brown United States Courthouse.