		II
		111th CONGRESS
		1st Session
		S. 505
		IN THE SENATE OF THE UNITED STATES

			February 27, 2009
			Mr. Nelson of Florida
			 (for himself, Mr. Martinez, and
			 Ms. Landrieu) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To establish a National Catastrophe Risks Consortium and
		  a National Homeowners' Insurance Stabilization Program, and for other
		  purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited as the Homeowners’ Defense Act of
			 2009.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings and purposes.
					Sec. 3. Qualified reinsurance programs.
					Sec. 4. Definitions.
					Sec. 5. Regulations.
					TITLE I—National Catastrophe Risk Consortium
					Sec. 101. Establishment; status; principal office;
				membership.
					Sec. 102. Functions.
					Sec. 103. Powers.
					Sec. 104. Nonprofit entity; conflicts of interest;
				audits.
					Sec. 105. Management.
					Sec. 106. Staff; experts and consultants.
					Sec. 107. Federal liability.
					Sec. 108. Authorization of appropriations.
					TITLE II—National Homeowners’ Insurance Stabilization
				Program
					Sec. 201. Establishment.
					Sec. 202. Liquidity loans and catastrophic loans for State and
				regional reinsurance programs.
					Sec. 203. Reports and audits.
					Sec. 204. Funding.

			2.Findings and
			 purposes
			(a)FindingsThe
			 Congress finds that—
				(1)the United States has a history of
			 catastrophic natural disasters, including hurricanes, tornadoes, flood, fire,
			 earthquakes, and volcanic eruptions;
				(2)although
			 catastrophic natural disasters occur infrequently, they will continue to occur
			 and are predictable;
				(3)such disasters
			 generate large economic losses and a major component of those losses comes from
			 damage and destruction to homes;
				(4)for the majority
			 of Americans, their investment in their home represents their single biggest
			 asset and the protection of that investment is paramount to economic and social
			 stability;
				(5)historically, when
			 a natural disaster eclipses the ability of the private industry and a State to
			 manage the loss, the Federal Government has stepped in to provide the funding
			 and services needed for recovery;
				(6)the cost of such
			 Federal bail-outs are borne by all taxpayers equally, as there
			 is no provision to repay the money and resources provided, which thereby
			 unfairly burdens citizens who live in lower risk communities;
				(7)as the risk of
			 catastrophic losses grows, so do the risks that any premiums collected by
			 private insurers for extending coverage will be insufficient to cover future
			 catastrophes (known as timing risk), and private insurers, in an effort to
			 protect their shareholders and policyholders (in the case of mutually-owned
			 companies), have thus significantly raised premiums and curtailed insurance
			 coverage in States exposed to major catastrophes;
				(8)such effects on
			 the insurance industry have been harmful to economic activity in States exposed
			 to major catastrophes and have placed significant burdens on existing residents
			 of such States;
				(9)Hurricanes
			 Katrina, Rita, and Wilma struck the United States in 2005, causing over
			 $200,000,000,000 in total economic losses, and insured losses to homeowners in
			 excess of $50,000,000,000;
				(10)since 2004, the
			 Congress has appropriated more than $58,000,000,000 in disaster relief to the
			 States affected by natural catastrophes;
				(11)the Federal
			 Government has provided and will continue to provide resources to pay for
			 losses from future catastrophes;
				(12)when Federal
			 assistance is provided to the States, accountability for Federal funds
			 disbursed is paramount;
				(13)the Government
			 Accountability Office or other appropriate agencies must have the means in
			 place to confirm that Federal funds for catastrophe relief have reached the
			 appropriate victims and have contributed to the recovery effort as efficiently
			 as possible so that taxpayer funds are not wasted and citizens are enabled to
			 rebuild and resume productive activities as quickly as possible;
				(14)States that are
			 recipients of Federal funds must be responsible to account for and provide an
			 efficient means for distribution of funds to homeowners to enable the rapid
			 rebuilding of local economies after a catastrophic event without unduly
			 burdening taxpayers who live in areas seldom affected by natural
			 disasters;
				(15)State insurance
			 and reinsurance programs can provide a mechanism for States to exercise that
			 responsibility if they appropriately underwrite and price risk, and if they pay
			 claims quickly and within established contractual terms; and
				(16)State insurers
			 and reinsurers, if appropriately backstopped themselves, can absorb
			 catastrophic risk borne by private insurers without bearing timing risk, and
			 thus enable all insurers (whether State-operated or privately owned) to
			 underwrite and price insurance without timing risk and in such a way to
			 encourage property owners to pay for the appropriate insurance to protect
			 themselves and to take steps to mitigate against the risks of disaster by
			 locally appropriate methods.
				(b)PurposesThe purposes of this Act are to establish a
			 program to provide a Federal backstop for State-sponsored insurance programs to
			 help homeowners prepare for and recover from the damages caused by natural
			 catastrophes, to encourage mitigation and prevention for such catastrophes, to
			 promote the use of private market capital as a means to insure against such
			 catastrophes, to expedite the payment of claims and better assist in the
			 financial recovery from such catastrophes.
			3.Qualified reinsurance
			 programs
			(a)In
			 generalFor purposes of this
			 Act only, a program shall be considered to be a qualified reinsurance program
			 if the program—
				(1)is authorized by
			 State law for the purposes described in this section;
				(2)is
			 an entity in which the authorizing State maintains a material, financial
			 interest;
				(3)provides
			 reinsurance or retrocessional coverage to underlying primary insurers or
			 reinsurers for losses arising from all personal residential lines of insurance,
			 as defined in the Uniform Property & Casualty Product Coding Matrix
			 published and maintained by the National Association of Insurance
			 Commissioners;
				(4)has a governing
			 body, a majority of whose members are public officials;
				(5)provides
			 reinsurance or retrocessional coverage to underlying primary insurers or
			 reinsurers for losses in excess of such amount that the Secretary has
			 determined represents a catastrophic event in that particular State;
				(6)is authorized by a
			 State that has in effect such laws, regulations, or other requirements, as the
			 Secretary shall by regulation provide, that—
					(A)ensure, to the
			 extent that reinsurance coverage made available under the qualified reinsurance
			 program results in any cost savings in providing insurance coverage for risks
			 in such State, such cost savings are reflected in premium rates charged to
			 consumers for such coverage;
					(B)require that any
			 new construction, substantial rehabilitation, and renovation insured or
			 reinsured by the program complies with applicable State or local government
			 building, fire, and safety codes;
					(C)require State
			 authorized insurance entities within that State to establish an insurance rate
			 structure that takes into account measures to mitigate insurance losses;
					(D)require State
			 authorized insurance and reinsurance entities within that State to establish
			 rates at a level that annually produces expected premiums that shall be
			 sufficient to pay the expected annualized cost of all claims, loss adjustment
			 expenses, and all administrative costs of reinsurance coverage offered;
			 and
					(E)encourage State
			 authorized insurance and reinsurance entities within that State to establish
			 rates that do not involve cross-subsidization between any separate property and
			 casualty lines covered under the State authorized insurance or reinsurance
			 entity; and
					(7)complies with such
			 additional organizational, underwriting, and financial requirements as the
			 Secretary shall, by regulation, provide to carry out the purposes of this
			 Act.
				(b)Transitional
			 MechanismsFor the 5-year
			 period beginning on the date of enactment of this Act, in the case of a State
			 that does not have a qualified reinsurance program for the State, a State
			 residual insurance market entity for such State shall be considered to be a
			 qualified reinsurance program, but only if such State residual insurance market
			 entity was in existence before such date of enactment.
			(c)PrecertificationThe
			 Secretary shall establish procedures and standards for State and regional
			 reinsurance programs and the State residual insurance market entities described
			 in subsection (b) to apply to the Secretary at any time for certification (and
			 recertification) as qualified reinsurance programs.
			(d)Reinsurance To
			 cover exposureThis section may not be construed to limit or
			 prevent any insurer from obtaining reinsurance coverage for insured losses
			 retained by insurers pursuant to this section, nor shall the obtaining of such
			 coverage affect the calculation of the amount of any loan under this
			 Act.
			4.DefinitionsFor purposes of this Act, the following
			 definitions shall apply:
			(1)Ceiling coverage
			 levelThe term ceiling coverage level means, with
			 respect to a qualified reinsurance program, the maximum liability, under law,
			 that could be incurred at any time by the qualified reinsurance program.
			(2)CommissionThe
			 term Commission means the National Commission on Natural
			 Catastrophe Preparation and Protection established under title II.
			(3)ConsortiumThe
			 term Consortium means the National Catastrophic Risk Consortium
			 established under title I.
			(4)Insured
			 lossThe term insured loss means any loss insured
			 by a qualified reinsurance program.
			(5)Qualified
			 reinsurance programThe term qualified reinsurance
			 program means a State or regional program that meets the requirements
			 of section 3.
			(6)SecretaryThe
			 term Secretary means the Secretary of the Treasury.
			(7)StateThe
			 term State includes the several States, the District of
			 Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the
			 Northern Mariana Islands, the United States Virgin Islands, and American
			 Samoa.
			5.RegulationsThe Secretary shall issue such regulations
			 as may be necessary to carry out this Act.
		INational
			 Catastrophe Risk Consortium
			101.Establishment;
			 status; principal office; membership
				(a)EstablishmentThere
			 is established an entity to be known as the National Catastrophe Risk
			 Consortium.
				(b)StatusThe
			 Consortium is not a department, agency, or instrumentality of the United States
			 Government.
				(c)Principal
			 officeThe principal office and place of business of the
			 Consortium shall be such location within the United States determined by the
			 Board of Directors to be the most advantageous for carrying out the purpose and
			 functions of the Consortium.
				(d)MembershipAny
			 State that has established a reinsurance fund or has authorized the operation
			 of a State residual insurance market entity shall be eligible to participate in
			 the Consortium.
				102.FunctionsThe Consortium shall—
				(1)work with all
			 States, particularly those participating in the Consortium, to gather and
			 maintain an inventory of catastrophe risk obligations held by State reinsurance
			 funds and State residual insurance market entities;
				(2)at the discretion
			 of the affected members and on a conduit basis, issue securities and other
			 financial instruments linked to the catastrophe risks insured or reinsured
			 through members of the Consortium in the capital markets;
				(3)coordinate
			 reinsurance contracts between participating, qualified reinsurance funds and
			 private parties;
				(4)act as a
			 centralized repository of State risk information that can be accessed by
			 private-market participants seeking to participate in the transactions
			 described in paragraphs (2) and (3) of this section;
				(5)use a catastrophe
			 risk database to perform research and analysis that encourages standardization
			 of the risk-linked securities market;
				(6)perform any other
			 functions, other than assuming risk or incurring debt, that are deemed
			 necessary to aid in the transfer of catastrophe risk from participating States
			 to private parties; and
				(7)submit annual
			 reports to Congress describing the activities of the Consortium for the
			 preceding year.
				103.PowersThe Consortium—
				(1)may make and
			 perform such contracts and other agreements with any individual or other
			 private or public entity however designated and wherever situated, as may be
			 necessary for carrying out the functions of the Consortium; and
				(2)shall have such
			 other powers, other than the power to assume risk or incur debt, as may be
			 necessary and incident to carrying out this Act.
				104.Nonprofit
			 entity; conflicts of interest; audits
				(a)Nonprofit
			 entityThe Consortium shall be a nonprofit entity and no part of
			 the net earnings of the Consortium shall inure to the benefit of any member,
			 founder, contributor, or individual.
				(b)Conflicts of
			 interestNo director, officer, or employee of the Consortium
			 shall in any manner, directly or indirectly, participate in the deliberation
			 upon or the determination of any question affecting his or her personal
			 interests or the interests of any Consortium, partnership, or organization in
			 which he or she is directly or indirectly interested.
				(c)Audits
					(1)Annual
			 auditThe financial statements of the Consortium shall be audited
			 annually in accordance with generally accepted auditing standards by
			 independent certified public accountants.
					(2)ReportsThe
			 report of each annual audit pursuant to paragraph (1) shall be included in the
			 annual report submitted in accordance with section 102(7).
					105.Management
				(a)Board of
			 directors; membership; designation of chairperson
					(1)Board of
			 directorsThe management of the Consortium shall be vested in a
			 board of directors (referred to in this title as the Board)
			 composed of not fewer than 3 members.
					(2)ChairpersonThe
			 Secretary, or the designee of the Secretary, shall serve as the chairperson of
			 the Board.
					(3)MembershipThe
			 members of the Board shall include—
						(A)the Secretary of
			 Homeland Security and the Secretary of Commerce, or the designees of such
			 Secretaries, respectively, but only during such times as there are fewer than 2
			 States participating in the Consortium; and
						(B)a member from each
			 State participating in the Consortium, who shall be appointed by such
			 State.
						(b)BylawsThe
			 Board may prescribe, amend, and repeal such bylaws as may be necessary for
			 carrying out the functions of the Consortium.
				(c)Compensation,
			 actual, necessary, and transportation expenses
					(1)Non-Federal
			 employeesA member of the Board who is not otherwise employed by
			 the Federal Government shall be entitled to receive the daily equivalent of the
			 annual rate of basic pay payable for level IV of the Executive Schedule under
			 section 5315 of title 5, United States Code, as in effect from time to time,
			 for each day (including travel time) during which such member is engaged in the
			 actual performance of duties of the Consortium.
					(2)Federal
			 employeesA member of the Board who is an officer or employee of
			 the Federal Government shall serve without additional pay (or benefits in the
			 nature of compensation) for service as a member of the Consortium.
					(3)Travel
			 expensesMembers of the Consortium shall be entitled to receive
			 travel expenses, including per diem in lieu of subsistence, equivalent to those
			 set forth in subchapter I of chapter 57 of title 5, United States Code.
					(d)QuorumA
			 majority of the Board shall constitute a quorum.
				(e)Executive
			 directorThe Board shall appoint an executive director of the
			 Consortium, on such terms as the Board may determine.
				106.Staff; experts
			 and consultants
				(a)Staff
					(1)AppointmentThe
			 Board of the Consortium may appoint and terminate such other staff as are
			 necessary to enable the Consortium to perform its duties.
					(2)CompensationThe
			 Board of the Consortium may fix the compensation of the executive director and
			 other staff.
					(b)Experts and
			 consultantsThe Board shall procure the services of experts and
			 consultants as the Board considers appropriate.
				107.Federal
			 liabilityThe Federal
			 Government and the Consortium shall not bear any liabilities arising from the
			 actions of the Consortium. Participating States shall retain all catastrophe
			 risk until the completion of a transaction described in paragraphs (2) and (3)
			 of section 102.
			108.Authorization
			 of appropriationsThere are
			 authorized to be appropriated to carry out this title $20,000,000 for each of
			 fiscal years 2010 through 2015.
			IINational
			 Homeowners’ Insurance Stabilization Program
			201.EstablishmentThe Secretary shall carry out a program
			 under this title to make liquidity loans and catastrophic loans under section
			 202 to qualified reinsurance programs to ensure the solvency of such programs,
			 to improve the availability and affordability of homeowners’ insurance, to
			 provide incentive for risk transfer to the private capital and reinsurance
			 markets, and to spread the risk of catastrophic financial loss resulting from
			 natural disasters and catastrophic events.
			202.Liquidity loans
			 and catastrophic loans for State and regional reinsurance programs
				(a)ContractsThe
			 Secretary may enter into a contract with a qualified reinsurance program to
			 carry out this title, as the Secretary may deem appropriate. The contract shall
			 include, at a minimum, the conditions for loan eligibility set forth in this
			 section.
				(b)Conditions for
			 loan eligibilityA loan under this section may be made only to a
			 qualified reinsurance program and only if—
					(1)before the loan is made—
						(A)the State or
			 regional reinsurance program submits to the Secretary a report setting forth,
			 in such form and including such information as the Secretary shall require, how
			 the program plans to repay the loan; and
						(B)based upon the
			 report of the program, the Secretary determines that the program can meet its
			 repayment obligation under the loan and certifies that the program can meet
			 such obligation;
						(2)the program cannot
			 access capital in the private market, including through catastrophe bonds and
			 other securities sold through the facility created in title I of this Act, as
			 determined by the Secretary, and a loan may be made to such a qualified
			 reinsurance program only to the extent that such program cannot access capital
			 in the private market;
					(3)the Secretary
			 determines that an event has resulted in insured losses in a State with a
			 qualified reinsurance program;
					(4)the loan complies
			 with the requirements under subsection (d) and or (e), as applicable;
			 and
					(5)the loan is
			 afforded the full faith and credit of the State and the State demonstrates to
			 the Secretary that it has the ability to repay the loans.
					(c)Mandatory
			 assistance for qualified reinsurance programsThe Secretary
			 shall, upon the request of a qualified reinsurance program and subject to
			 subsection (b), make a loan under subsection (d) or (e) for such program in the
			 amount requested by such program (subject to the limitations under subsections
			 (d)(2) and (e)(2), respectively).
				(d)Liquidity
			 loansA loan under this subsection for a qualified reinsurance
			 program shall be subject to the following requirements:
					(1)PreconditionsThe
			 Secretary shall have determined that the qualified reinsurance program—
						(A)has a capital
			 liquidity shortage, in accordance with regulations that the Secretary shall
			 establish; and
						(B)cannot access
			 capital markets at effective rates of interest lower than those provided in
			 paragraph (3).
						(2)AmountThe
			 principal amount of the loan may not exceed the ceiling coverage level for the
			 qualified reinsurance program.
					(3)Rate of
			 interestThe loan shall bear interest at an annual rate 3
			 percentage points higher than marketable obligations of the Treasury having the
			 same term to maturity as the loan and issued during the most recently completed
			 month, as determined by the Secretary, or such higher rate as may be necessary
			 to ensure that the amounts of interest paid under such loans exceed the sum of
			 the costs (as such term is defined in section 502 of the Federal Credit Reform
			 Act of 1990 (2 U.S.C. 661a)) of such loans, the administrative costs involved
			 in carrying out a program under this title for such loans, and any incidental
			 effects on governmental receipts and outlays.
					(4)TermThe
			 loan shall have a term to maturity of not less than 5 years and not more than
			 10 years.
					(e)Catastrophic
			 loansA loan under this subsection for a qualified reinsurance
			 program shall be subject to the following requirements:
					(1)PreconditionsThe
			 Secretary shall have determined that an event has resulted in insured losses in
			 a State with a qualified reinsurance program and that such insured losses in
			 such State are in excess of 150 percent of the aggregate amount of direct
			 written premium for privately issued property and casualty insurance, for risks
			 located in that State, over the calendar year preceding such event, in
			 accordance with regulations that the Secretary shall establish.
					(2)AmountThe
			 principal amount of the loan made pursuant to an event referred to in paragraph
			 (1) may not exceed the amount by which the insured losses sustained as a result
			 of such event exceed the ceiling coverage level for the qualified reinsurance
			 program.
					(3)Rate of
			 interestThe loan shall bear interest at an annual rate 0.20
			 percentage points higher than marketable obligations of the United States
			 Treasury having a term to maturity of not less than 10 years and issued during
			 the most recently completed month, as determined by the Secretary, or such
			 higher rate as may be necessary to ensure that the amounts of interest paid
			 under such loans exceed the sum of the costs (as such term is defined in
			 section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of such
			 loans, the administrative costs involved in carrying out a program under this
			 title for such loans, and any incidental effects on governmental receipts and
			 outlays.
					(4)TermThe
			 loan shall have a term to maturity of not less than 10 years.
					(f)Use of
			 fundsAmounts from a loan
			 under this section shall only be used to provide reinsurance or retrocessional
			 coverage to underlying primary insurers or reinsurers for losses arising from
			 all personal real property or homeowners’ lines of insurance, as defined in the
			 Uniform Property & Casualty Product Coding Matrix published and maintained
			 by the National Association of Insurance Commissioners. Such amounts shall not
			 be used for any other purpose.
				203.Reports and
			 auditsThe Secretary shall
			 submit a report to the President and the Congress annually that identifies and
			 describes any loans made under this title during such year and any repayments
			 during such year of loans made under this title, and describes actions taken to
			 ensure accountability of loan funds. The Secretary shall provide for regular
			 audits to be conducted for each loan made under this title, and shall make the
			 results of such audits publicly available.
			204.Funding
				(a)Program
			 fee
					(1)In
			 generalThe Secretary may establish and collect, from qualified
			 reinsurance programs that are precertified pursuant to section 3(c), a
			 reasonable fee, as may be necessary to offset the expenses of the Secretary in
			 connection with carrying out the responsibilities of the Secretary under this
			 title, including—
						(A)costs of
			 developing, implementing, and carrying out the program under this title;
			 and
						(B)costs of providing
			 for precertification pursuant to section 3(c) of State and regional reinsurance
			 programs as qualified reinsurance programs.
						(2)AdjustmentThe
			 Secretary may, from time to time, adjust the fee under paragraph (1) as
			 appropriate based on expenses of the Secretary referred to in such
			 paragraph.
					(3)UseAny
			 fees collected pursuant to this subsection shall be credited as offsetting
			 collections of the Department of the Treasury and shall be available to the
			 Secretary only for expenses referred to in paragraph (1).
					(b)Costs of loans;
			 administrative costsTo the extent that amounts of negative
			 credit subsidy are received by the Secretary in any fiscal year pursuant to
			 loans made under this title, such amounts shall be available for costs (as such
			 term is defined in section 502 of the Federal Credit Reform Act of 1990 (2
			 U.S.C. 661a)) of such loans and for costs of carrying out the program under
			 this title for such loans.
				(c)Full taxpayer
			 repaymentThe Secretary shall require the full repayment of all
			 loans made under this title. If the Secretary determines at any time that such
			 full repayment will not made, or is likely not to be made, the Secretary shall
			 promptly submit a report to the Congress explaining why such full repayment
			 will not be made or is likely not to be made.


110 HR 2462 IH: Federal Dairy Education

U.S. House of Representatives
2007-05-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 2462
		IN THE HOUSE OF REPRESENTATIVES

			May 23, 2007
			Mr. Holden introduced
			 the following bill; which was referred to the
			 Committee on Agriculture,
			 and in addition to the Committee on Ways
			 and Means, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To amend the Farm Security and Rural Investment Act of
		  2002 to promote growth and opportunity for the dairy industry in the United
		  States, and for other purposes.

		1.Repeal of dairy price support
			 program
			(a)In
			 generalSection 1501 of the
			 Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7981) is
			 repealed.
			(b)Conforming
			 amendmentSection 1507 of the Farm Security and Rural Investment
			 Act of 2002 (7 U.S.C. 7983) is repealed.
			2.Milk target price
			 programSection 1502 of the
			 Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7982) is
			 amended—
			(1)by striking the section heading and
			 inserting Milk target price
			 program;
			(2)in subsection (a),
			 by striking paragraph (1) and inserting the following:

					(1)Class III
				milkThe term Class III milk means milk (including
				milk components) classified as milk for manufacturing purposes under a Federal
				milk marketing
				order.
					;
			(3)by striking
			 subsection (c) and inserting the following:

					(c)Amount
						(1)In
				generalSubject to paragraph (3), payments to a producer under
				this section shall be calculated by multiplying (as determined by the
				Secretary)—
							(A)the payment
				quantity for the producer during the applicable month established under
				subsection (d); by
							(B)the amount equal
				to—
								(i)$12.00 per
				hundredweight (as adjusted under paragraph (2); less
								(ii)the Class III
				milk price per hundredweight under the applicable Federal milk marketing
				order.
								(2)Feed price index
				and adjustment factor
							(A)Feed price
				indexThe Secretary shall develop a feed price index, using a
				baseline period of calendar years 2001 through 2005, to reflect the feed cost
				of producing 100 pounds of milk.
							(B)Feed adjustment
				factorThe Secretary shall establish a feed adjustment factor
				that reflects changes in the feed price index, as determined by the
				Secretary.
							(C)AdjustmentEach
				month that there is an increase in the feed price index, the Secretary shall
				adjust the amount described in paragraph (1)(B)(i) to reflect any increases in
				the feed adjustment factor.
							(3)Maximum
				amountThe maximum annual payment for all producers on a single
				dairy operation during the months of the applicable fiscal year for which the
				producers receive payments under this section shall not exceed
				$50,000.
						;
				and
			(4)in subsections (f)
			 and (g)(1), by striking September 30, 2007 both places it
			 appears and inserting September 30, 2012.
			3.Dairy options
			 programSubtitle E of title I
			 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7981 et seq.)
			 is amended by adding at the end the following:

				1509.Dairy options
				program
					(a)EstablishmentThe
				Secretary shall carry out a nationwide program under similar terms and
				conditions as the Secretary used to carry out the dairy options pilot program
				established in accordance with section 191 of the Federal Agricultural
				Improvement Reform Act of 1996 (7 U.S.C. 7331).
					(b)Funding
						(1)Commodity Credit
				CorporationThe Secretary shall use the funds, facilities, and
				authorities of the Commodity Credit Corporation to carry out this
				section.
						(2)Funding
				amountOf the funds of the Commodity Credit Corporation, the
				Secretary shall use to carry out this section $25,000,000 for each of fiscal
				years 2008 through 2012, to remain available until expended.
						(3)Budget
				neutralityTo the maximum extent practicable, the Secretary shall
				operate the program in a budget neutral
				manner.
						.
		4.Recourse loan program
			 for commercial producers of dairy productsSubtitle E of title I of the Farm Security
			 and Rural Investment Act of 2002 (7 U.S.C. 7981 et seq.) (as amended by section
			 3) is amended by adding at the end the following:

				1510.Recourse loan program for commercial
				producers of dairy products
					(a)Definition of eligible dairy
				productsIn this section, the term eligible dairy
				products means cheddar cheese, butter, and nonfat dry milk.
					(b)ProgramEffective
				beginning on September 30, 2007, the Secretary shall make recourse loans
				available to commercial processors of eligible dairy products—
						(1)to assist the
				processors to manage inventories of eligible dairy products; and
						(2)to ensure a
				greater degree of price stability for the dairy industry.
						(c)Amount of
				loan
						(1)In
				generalThe Secretary shall establish a loan rate for eligible
				dairy products, that reflects a milk equivalent value of $9.90 per
				hundredweight of milk containing 3.67 percent butterfat, as determined by the
				Secretary.
						(2)InterestThe
				Secretary shall charge a processor that receives a recourse loan under this
				section a rate of interest that is not less than the rate of interest that the
				Secretary of the Treasury charges the Commodity Credit Corporation, as
				determined by the Secretary.
						(d)Period of
				loan
						(1)In
				generalThe original term of a recourse loan made under this
				section may not extend beyond the end of the fiscal year in which the loan is
				made.
						(2)ExtensionAt
				the end of a fiscal year, the Secretary may extend a recourse loan for an
				additional period not to exceed the end of the next fiscal
				year.
						.
		5.Milk revenue insurance
			 pilot programSection 523 of
			 the Federal Crop Insurance Act (7 U.S.C. 1523) is amended by adding at the end
			 the following:

				(f)Milk revenue
				insurance pilot program
					(1)In
				generalDuring each of crop years 2008 through 2012, the
				Corporation shall carry out a pilot program under which producers on a dairy
				farm may elect to receive insurance against loss of revenue due to natural
				disasters and price fluctuations, as determined by the Corporation, based on
				the average revenue received by producers for each cow during the 5-year period
				ending the preceding crop year.
					(2)RequirementsThe
				Corporation shall carry out the pilot program under this section using similar
				terms and conditions as were contained in the crop insurance policy proposal
				entitled Milk Revenue Policy (from bovine animals) submitted to
				the Board on April 26, 2007, in accordance with section
				508(h).
					.
		6.Federal milk
			 marketing orders
			(a)2-class system
			 for classifying milk
				(1)In
			 generalNot later than September 30, 2008, the Secretary of
			 Agriculture shall conduct a study of the economic benefits to milk producers of
			 establishing a 2-class system for classifying milk under Federal milk marketing
			 orders issued under section 8c(5) of the Agricultural Adjustment Act (7 U.S.C.
			 608c(5)), reenacted with amendments by the Agricultural Marketing Agreement Act
			 of 1937, consisting of a fluid milk class and a manufacturing grade milk class
			 (with the price for both classes determined using the component prices of
			 butterfat, protein, and other solids).
				(2)Amendment to
			 ordersIf the Secretary determines (on the basis of the study
			 conducted under paragraph (1)) that a 2-class system for classifying milk under
			 Federal milk marketing orders would have a positive impact on milk producers,
			 the Secretary shall amend Federal milk marketing orders to implement the
			 2-class system for classifying milk.
				(b)Deadline for
			 issuance of ordersSection 8c(4) of the Agricultural Adjustment
			 Act (7 U.S.C. 608c(4)), reenacted with amendments by the Agricultural Marketing
			 Agreement Act of 1937, is amended by striking After and
			 inserting Not later than 30 days after.
			(c)Advanced
			 pricingSection 8c(5) of the
			 Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by
			 the Agricultural Marketing Agreement Act of 1937, is amended by adding at the
			 end the following:

					(P)Advanced
				pricingNot later than September 30, 2007, in calculating the
				advanced price of Class I butterfat milk and Class I and II skim milk under
				Federal milk marketing orders, the Secretary shall use the 4-week component
				prices that are used to calculate prices for Class III and Class IV milk, as
				determined by the
				Secretary.
					.
			(d)Economic impact
			 assessmentThe Secretary of Agriculture shall—
				(1)carry out a review
			 of the milk-feed ratio during the 1-year period ending on the date of enactment
			 of this Act; and
				(2)not later than
			 September 30, 2008, and each time a proposed change in the Federal milk
			 marketing order formulas is considered by the Secretary—
					(A)assess the
			 economic impact, over a 1- and 2-year period, of proposed changes in Federal
			 milk marketing order formulas on—
						(i)milk
			 supply;
						(ii)farm
			 profitability;
						(iii)consumer demand;
			 and
						(iv)market
			 prices;
						(B)submit to the
			 Committee on Agriculture of the House of Representatives and the Committee on
			 Agriculture, Nutrition, and Forestry a report that describes the results of the
			 assessment; and
					(C)consider, and
			 include in the record, the results of the assessment before making a decision
			 on any proposed change to the Federal milk marketing order formulas.
					7.Dairy forward pricing
			 programSection 23 of the
			 Agricultural Adjustment Act (7 U.S.C. 627), reenacted with amendments by the
			 Agricultural Marketing Agreement Act of 1937, is amended—
			(1)in
			 the section heading by striking pilot;
			(2)in subsection
			 (a)—
				(A)by striking
			 Pilot program
			 required.— and all that follows through
			 pilot and inserting In general.—The Secretary of Agriculture shall
			 carry out a;
				(B)by striking
			 under which milk producers and inserting “under which—

						(1)milk
				producers
						.;
				and
				(C)by striking
			 handlers. and inserting “handlers; and

						(2)proprietary
				processors and cooperatives regulated under Federal milk marketing orders are
				authorized to voluntarily enter into forward price contracts with the members
				of the processors and
				cooperatives.
						;
				(3)by striking
			 subsections (d) and (e); and
			(4)by adding at the
			 end the following:

					(d)Funding
						(1)Commodity Credit
				CorporationThe Secretary shall use the funds, facilities, and
				authorities of the Commodity Credit Corporation to carry out this
				section.
						(2)Funding
				amountThe Secretary shall use such funds of the Commodity Credit
				Corporation as are necessary to carry out this section for each of fiscal years
				2008 through 2012, to remain available until
				expended.
						.
			8.Dairy processing
			 equipment loan guarantee fund
			(a)Loans
				(1)In
			 generalSection 310B(a) of the Consolidated Farm and Rural
			 Development Act (7 U.S.C. 1932(a)) is amended—
					(A)by designating the
			 first through fifth sentences as paragraphs (1) through (5),
			 respectively;
					(B)by striking
			 Sec.
			 310B. (a) The Secretary and inserting the
			 following:

							310B.Rural
				industrialization assistance
								(a)Loans
									(1)In
				generalThe
				Secretary
									;
					(C)by striking
			 for the purposes of (1) improving and inserting “for the
			 purposes of—

							(A)improving
							;
					(D)by striking
			 abatement and control, (2) the conservation and inserting
			 “abatement and control;

							(B)the
				conservation
							;
					(E)by striking
			 rural areas, (3) reducing and inserting “rural areas;

							(C)reducing
							;
					(F)by striking
			 rural areas, and (4) to facilitate economic and inserting “rural
			 areas;

							(D)facilitating
				economic
							;
				and
					(G)by striking
			 foreign trade. and inserting “foreign trade; and

							(E)providing
				processors of dairy products with incentives for investing in new equipment and
				technologies by using not more than $15,000,000 each fiscal year to—
								(i)make loans to
				dairy processors and cooperatives to cover not more than 50 percent of the cost
				of acquisition and adoption of new equipment, equipment upgrades, and new
				technologies—
									(I)at a fixed rate of
				interest not to exceed the prime lending rate plus 1 percent; and
									(II)with a term of
				not to exceed 15 years; and
									(ii)guarantee loans
				made to dairy processors and cooperatives for the acquisition and adoption of
				new dairy equipment, equipment upgrades, and new technologies, at a guarantee
				rate of 90
				percent.
								.
					(2)Conforming
			 amendments
					(A)Section
			 307(a)(6)(B)(ii) of the Consolidated Farm and Rural Development Act (7 U.S.C.
			 1927(a)(6)(B)(ii)) is amended by striking clause (1) of section
			 310B(a) and inserting section 310B(a)(1)(A).
					(B)Section
			 333A(g)(1)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C.
			 1983a(g)(1)(B)) is amended by striking 310B(a)(1) and inserting
			 310(a)(1)(A).
					(C)Section
			 381E(d)(3)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C.
			 2009d(d)(3)(B)) is amended by striking 310B(a)(1) and inserting
			 310B(a)(1)(A).
					(b)Lending power
			 for dairy processing cooperativesSection 3.7 of the Farm Credit
			 Act of 1971 (12 U.S.C. 2128) is amended by adding at the end the
			 following:

					(g)Dairy processing
				cooperatives
						(1)In
				generalThe banks for cooperatives may use not more than
				$15,000,000 each fiscal year to provide dairy processing cooperatives with
				working capital lines of credit and accounts receivable financing for the
				purpose of accessing export marketing opportunities for milk and milk
				products.
						(2)LimitationsFinancing
				provided by the banks for cooperatives for a project under paragraph (1) may
				not exceed the lesser of—
							(A)$1,000,000;
				or
							(B)75 percent of the
				costs of carrying out the project.
							(3)Term
							(A)In
				generalExcept as provided in subparagraph (B), the term of a
				line of credit described in paragraph (1) shall not exceed 24 months.
							(B)Revolving lines
				of creditA revolving line of credit may be used for multiple
				transactions.
							(4)Due
				dateAn accounts receivable financing loan under this subsection
				shall be due on the earlier of—
							(A)the date on which
				the receivable is paid; or
							(B)180 days after the
				date of disbursement.
							(5)Use of
				financing
							(A)Working capital
				line of credit financingWorking capital line of credit financing
				under this subsection may be used—
								(i)to
				acquire inventory for the production of milk;
								(ii)to
				pay direct and indirect costs (such as design, engineering, labor, and overhead
				costs) used for—
									(I)the manufacture or
				purchase of goods, including work-in-process, for the production of milk;
				or
									(II)for the provision
				of services for the production of milk; or
									(iii)to support
				standby letters of credit used as bid bonds, performance bonds, or payment
				guarantees.
								(B)Accounts
				receivable financingAccounts receivable financing under this
				subsection may be used to finance export accounts receivables for milk and milk
				products sold on payment terms of not more than 180 days after the date of
				arrival at the port of importation, if the finance export accounts receivable
				have been insured by the Commodity Credit Corporation or other guarantor
				approved by the
				Secretary.
							.
			9.Federal loan
			 forgiveness programThe
			 National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
			 U.S.C. 3101 et seq.) is amended by adding at the end the following:

				PFederal dairy
				education loan forgiveness
					1495.Short
				titleThis subtitle may be
				cited as the Federal Dairy Education
				Loan Forgiveness Act.
					1496.DefinitionsIn this subtitle:
						(1)Family dairy
				farmThe term family dairy farm means the real
				property of a dairy farm—
							(A)owned by—
								(i)1
				or more immediate family members; or
								(ii)a
				family dairy farm corporation; and
								(B)used for the
				production, for commercial purposes, of milk or milk products.
							(2)Family dairy
				farm corporationThe term family dairy farm
				corporation means a corporation—
							(A)at least 75
				percent of the assets of which are devoted to active involvement in farming;
				and
							(B)at least 75
				percent of each class of stock of which is continuously owned by 1 or more
				immediate family members.
							(3)Immediate family
				memberThe term immediate family member means a
				spouse, child, stepchild, parent, stepparent, grandparent, brother,
				stepbrother, sister, stepsister, or similar relative-in-law of an owner of real
				property, as determined by the Secretary.
						(4)Institution of
				higher educationThe term institution of higher
				education has the meaning given the term in section 101(a) of the
				Higher Education Act of 1965 (20
				U.S.C. 1001(a)).
						(5)ProgramThe
				term program means the Federal dairy education loan forgiveness
				program established under section 1497(a).
						(6)Qualified
				applicantThe term qualified applicant means a
				resident of the United States who, as determined by the Secretary—
							(A)holds a 2- or
				4-year degree in a field related to the production of agricultural products
				from an institution of higher education;
							(B)on or after
				January 1, 2008, has commenced the first year of full-time ownership or
				operation of a family dairy farm; and
							(C)is the borrower of
				an outstanding qualified loan as a result of pursuing a degree described in
				subparagraph (A).
							(7)Qualified
				loanThe term qualified loan means—
							(A)(i)a loan made, insured, or
				guaranteed under section 428 or 428H of the Higher Education Act of 1965 (20
				U.S.C. 1078, 1078–8);
								(ii)a Federal Direct Stafford Loan or
				a Federal Direct Unsubsidized Stafford Loan made under section 455 of that Act
				(20 U.S.C. 1087e); or
								(iii)a consolidation loan under
				section 428C of that Act (20 U.S.C. 1078–3), or a Federal Direct Consolidation
				Loan under section 455 of that Act (20 U.S.C. 1087e), to the extent that the
				amount of the loan was used to repay a loan described in clause (i) or (ii);
				and
								(B)a loan under part B
				or D of title IV of that Act (20 U.S.C. 1070 et seq.); or
							(C)a loan under a
				guaranteed student loan program of the Department.
							1497.Federal dairy
				education loan forgiveness program
						(a)In
				generalSubject to the availability of appropriations, the
				Secretary shall carry out a Federal dairy education loan forgiveness program
				under which the Secretary shall assume the obligation to repay an amount
				calculated in accordance with subsection (c) for 1 or more qualified loans made
				to eligible qualified applicants in accordance with this section.
						(b)EligibilityA
				qualified applicant shall submit to the Secretary an application and such
				documentation of continued eligibility as the Secretary determines to be
				appropriate.
						(c)Maximum
				amountThe maximum amount that the Secretary may repay under the
				program for each qualified applicant shall be equal to the average annual cost
				of tuition at land-grant colleges and universities (as determined by the
				Secretary annually), for each year that the qualified applicant—
							(1)is an owner or
				operator of a family dairy farm; and
							(2)has not otherwise
				received loan repayment on behalf of the qualified applicant under this section
				or any other Federal or State program.
							(d)ProhibitionNothing in this section authorizes the
				refunding of any repayment of a qualified loan.
						(e)Exclusion from incomeAny payment to, or on behalf of, a
				qualified applicant under this subtitle shall not be included in the gross
				income of the qualified applicant for purposes of the Internal Revenue Code of
				1986.
						(f)Authorization of
				appropriations
							(1)In
				generalThere are authorized
				to be appropriated such sums as are necessary to carry out this
				subtitle.
							(2)Insufficient
				fundsIf the total amount of
				funds appropriated to carry out this subtitle is insufficient to provide loan
				repayment under the program for all eligible qualified applicants, the
				Secretary shall provide loan repayment to eligible qualified applicants on a
				pro rata
				basis.
							.
		10.Mandatory
			 reporting of dairy commodities
			(a)DefinitionsSection 272 of the Agricultural Marketing
			 Act of 1946 (7 U.S.C. 1637a) is amended to read as follows:

					272.DefinitionsIn this subtitle:
						(1)Dairy
				commodity
							(A)In
				generalThe term dairy commodity means a product
				manufactured from milk or a milk-derived ingredient.
							(B)InclusionsThe
				term dairy commodity includes—
								(i)fluid milk;
								(ii)cheese;
								(iii)butter;
								(iv)nonfat dry
				milk;
								(v)skim milk;
								(vi)whey
				products;
								(vii)dry proteins
				(such as a milk protein concentrate, casein, and a caseinate);
								(viii)a lactose
				product; and
								(ix)a
				fresh dairy product (such as yogurt and ice cream).
								(2)Dairy
				processorThe term dairy processor means a person or
				legal entity that commercially processes milk into cheese, butter, nonfat dry
				milk, or other dairy solids.
						(3)SecretaryThe
				term Secretary means the Secretary of
				Agriculture.
						.
			(b)Mandatory
			 reportingSection 273 of the Agricultural Marketing Act of 1946
			 (7 U.S.C. 1637b) is amended—
				(1)by redesignating
			 subsections (c) and (d) as subsections (d) and (e), respectively; and
				(2)by striking
			 subsections (a) and (b) and inserting the following:

						(a)Daily
				Reporting
							(1)In
				generalThe corporate officers or officially-designated
				representatives of each dairy processor shall report to the Secretary at least
				once each reporting day, not later than 10:00 a.m. Central Time, for each sales
				transaction involving a dairy commodity, information concerning—
								(A)the sales
				price;
								(B)the quantity
				sold;
								(C)the location of
				the sales transaction; and
								(D)product
				characteristics, including—
									(i)moisture
				level;
									(ii)packaging
				size;
									(iii)grade;
									(iv)if appropriate,
				fat or protein level;
									(v)heat level for
				dried products; and
									(vi)other defining
				product characteristics.
									(2)PublicationThe
				Secretary shall make the information reported under paragraph (1) available to
				the public not less frequently than once each reporting day, categorized by
				location and product characteristics.
							(b)Weekly
				reporting
							(1)In
				generalThe corporate officers or officially-designated
				representatives of each dairy processor shall report to the Secretary, on the
				first reporting day of each week, not later than 9:00 a.m. Central Time, for
				the prior week information concerning—
								(A)the sales prices
				for sales transactions involving dairy commodities, categorized by product
				characteristics; and
								(B)the quantities of
				dairy commodities sold.
								(2)PublicationThe
				Secretary shall make the information reported under paragraph (1) available to
				the public on the first reporting day of each week, not later than 10:00 a.m.
				Central Time, categorized by location and product characteristics.
							(3)Federal order
				pricesThe Secretary shall use weekly prices published under
				paragraph (2) to calculate Federal milk marketing order prices.
							(c)Monthly
				reporting
							(1)In
				generalThe corporate officers or officially-designated
				representatives of each dairy processor shall report to the Secretary, on the
				first reporting day of each month, not later than 9:00 a.m. Central Time, the
				quantity of all dairy commodities processed by the dairy processor during the
				prior month.
							(2)PublicationThe
				Secretary shall make the information reported under paragraph (1) available to
				the public on the first reporting day of each month, not later than 10:00 a.m.
				Central Time, categorized by location and product
				characteristics.
							.


		II
		111th CONGRESS
		1st Session
		S. 596
		IN THE SENATE OF THE UNITED STATES

			March 16, 2009
			Mr. Wyden (for himself
			 and Ms. Snowe) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To require the Secretary of Commerce to establish an
		  award program to honor achievements in nanotechnology, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Nanotechnology Innovation and Prize
			 Competition Act of 2009.
		2.Nanotechnology award
			 program
			(a)Program
			 establishedThe Secretary of Commerce shall, acting through the
			 Director of the National Institute of Standards and Technology, establish a
			 program to award prizes to eligible persons described in subsection (b) for
			 achievement in 1 or more of the following applications of
			 nanotechnology:
				(1)Improvement of
			 the environment, consistent with the Twelve Principles of Green Chemistry of
			 the Environmental Protection Agency.
				(2)Development of
			 alternative energy that has the potential to lessen the dependence of the
			 United States on fossil fuels.
				(3)Improvement of
			 human health, consistent with regulations promulgated by the Food and Drug
			 Administration of the Department of Health and Human Services.
				(4)Development of
			 consumer products.
				(b)Eligible
			 personAn eligible person described in this subsection is—
				(1)an individual who
			 is—
					(A)a citizen or
			 legal resident of the United States; or
					(B)a member of a
			 group that includes citizens or legal residents of the United States; or
					(2)an entity that is
			 incorporated and maintains its primary place of business in the United
			 States.
				(c)Establishment
			 of Board
				(1)In
			 generalThe Secretary of Commerce shall establish a board to
			 administer the program established under subsection (a).
				(2)MembershipThe
			 board shall be composed of not less than 15 and not more than 21 members
			 appointed by the President, of whom—
					(A)not less than 1
			 shall—
						(i)be
			 a representative of the interests of academic, business, and nonprofit
			 organizations; and
						(ii)have expertise
			 in—
							(I)the field of
			 nanotechnology; or
							(II)administering
			 award competitions; and
							(B)not less than 1
			 shall be from each of—
						(i)the
			 Department of Energy;
						(ii)the
			 Environmental Protection Agency;
						(iii)the Food and
			 Drug Administration of the Department of Health and Human Services;
						(iv)the National
			 Institutes of Health of the Department of Health and Human Services;
						(v)the
			 National Institute for Occupational Safety and Health of the Department of
			 Health and Human Services;
						(vi)the National
			 Institute of Standards and Technology of the Department of Commerce; and
						(vii)the National
			 Science Foundation.
						(d)AwardsSubject
			 to the availability of appropriations, the board established under subsection
			 (c) may make awards under the program established under subsection (a) as
			 follows:
				(1)Financial
			 prizeThe board may hold a financial award competition and award
			 a financial award in an amount determined before the commencement of the
			 competition to the first competitor to meet such criteria as the board shall
			 establish.
				(2)Recognition
			 prize
					(A)In
			 generalThe board may recognize an eligible person for
			 superlative achievement in 1 or more nanotechnology applications described in
			 subsection (a).
					(B)No financial
			 remunerationAn award under this paragraph shall not include any
			 financial remuneration.
					(C)National
			 Technology and Innovation Medal recommendationsFor each eligible
			 person recognized under this paragraph, the board shall recommend to the
			 Secretary of Commerce that the Secretary recommend to the President under
			 section 16(b) of the Stevenson-Wydler Technology Innovation Act of 1980 (15
			 U.S.C. 3711) that the President award the National Technology and Innovation
			 Medal established under section 16(a) of such Act to such eligible
			 person.
					(e)Administration
				(1)ContractingThe
			 board established under subsection (c) may contract with a private organization
			 to administer a financial award competition described in subsection
			 (d)(1).
				(2)Solicitation of
			 fundsA member of the board or any administering organization
			 with which the board has a contract under paragraph (1) may solicit gifts from
			 private and public entities to be used for a financial award under subsection
			 (d)(1).
				(3)Limitation on
			 participation of donorsThe board may allow a donor who is a
			 private person described in paragraph (2) to participate in the determination
			 of criteria for an award under subsection (d), but such donor may not solely
			 determine the criteria for such award.
				(4)No advantage
			 for donationA donor who is a private person described in
			 paragraph (2) shall not be entitled to any special consideration or advantage
			 with respect to participation in a financial award competition under subsection
			 (d)(1).
				(f)Intellectual
			 propertyThe Federal Government may not acquire an intellectual
			 property right in any product or idea by virtue of the submission of such
			 product or idea in any competition under subsection (d)(1).
			(g)LiabilityThe
			 board established under subsection (c) may require a competitor in a financial
			 award competition under subsection (d)(1) to waive liability against the
			 Federal Government for injuries and damages that result from participation in
			 such competition.
			(h)Annual
			 reportEach year, the board established under subsection (c)
			 shall submit to Congress a report on the program established under subsection
			 (a).
			(i)Authorization
			 of appropriations
				(1)In
			 generalThere are authorized to be appropriated sums for the
			 program established under subsection (a) as follows:
					(A)For
			 administration of prize competitions under subsection (d), $750,000 for each
			 fiscal year.
					(B)For the awarding
			 of a financial prize award under subsection (d)(1), in addition to any amounts
			 received under subsection (e)(2), $2,000,000 for each fiscal year.
					(2)AvailabilityAmounts
			 appropriated pursuant to the authorization of appropriations under paragraph
			 (1) shall remain available until expended.


117 HR 38 IH: Concealed Carry Reciprocity Act
U.S. House of Representatives
2021-01-04
text/xml
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I117th CONGRESS1st SessionH. R. 38IN THE HOUSE OF REPRESENTATIVESJanuary 4, 2021Mr. Hudson (for himself, Mr. Allen, Mr. Babin, Mr. Balderson, Mr. Barr, Mr. Bishop of North Carolina, Mrs. Boebert, Mr. Brooks, Mr. Budd, Mr. Calvert, Mr. Chabot, Mr. Cline, Mr. Cloud, Mr. Davidson, Mr. Duncan, Mr. Fulcher, Mr. Ferguson, Mr. Gaetz, Mr. Gosar, Mrs. Greene of Georgia, Mr. Grothman, Mr. Higgins of Louisiana, Mr. Hill, Mr. Johnson of Ohio, Mr. Joyce of Pennsylvania, Mr. Kelly of Pennsylvania, Mr. Kinzinger, Mr. LaMalfa, Mr. Lamborn, Mr. Long, Mr. Mooney, Mr. Mullin, Mr. Nehls, Mr. Norman, Mr. Palazzo, Mr. Palmer, Mr. Posey, Mr. Reschenthaler, Mr. Rouzer, Mr. Rutherford, Mr. Steube, Mr. Taylor, Mrs. Wagner, Mr. Waltz, Mr. Weber of Texas, Mr. Zeldin, Mr. Crenshaw, Mr. Rice of South Carolina, Mr. Gooden of Texas, Mr. Bucshon, Mr. Wittman, Mr. Biggs, Ms. Stefanik, Mr. Meuser, Mr. Armstrong, Mr. Womack, Mr. Bacon, Mrs. Lesko, Mr. Simpson, Mr. Walberg, Mr. McKinley, Mr. Gonzalez of Ohio, Mr. Stivers, Mr. Cole, Mr. Hagedorn, Mr. Kustoff, Mr. Banks, Mr. Garcia of California, Mr. Hern, Mr. Newhouse, Mr. Brady, Mr. Huizenga, Mr. Austin Scott of Georgia, Mr. Buchanan, Mr. Green of Tennessee, Mr. Smith of Missouri, Mr. Stewart, Mr. Timmons, Mr. Emmer, Mr. Westerman, Mr. Murphy of North Carolina, Mr. Wright, Ms. Herrera Beutler, Mr. Schweikert, Mr. Williams of Texas, Mr. Bergman, Mr. Latta, Mrs. Walorski, Mr. Jacobs of New York, Mr. Burchett, Mr. Estes, Mr. Crawford, Mr. Wenstrup, Mr. Comer, Mr. Roy, Mr. Hice of Georgia, Mr. Moore of Alabama, Mr. DesJarlais, Mr. Thompson of Pennsylvania, Mr. Luetkemeyer, Mr. Amodei, Mr. Rogers of Alabama, Mr. Smucker, Mr. Mast, Mr. Loudermilk, Mr. Stauber, Mr. Guest, Mr. McHenry, Mr. Cawthorn, Mr. Dunn, Mr. Gibbs, Mrs. Spartz, Mrs. Hartzler, Mr. Jackson, Mr. Harris, Mr. Upton, Mr. Gohmert, Mr. Baird, Mr. Smith of Nebraska, Mr. Arrington, Mr. Johnson of South Dakota, Mr. Clyde, Mr. Carter of Texas, Ms. Granger, Mr. Jordan, Mr. Johnson of Louisiana, Mr. LaHood, Mrs. Bice of Oklahoma, Mr. Buck, Mr. Cuellar, Mr. Perry, Mr. Curtis, Mr. Vicente Gonzalez of Texas, Mr. Rodney Davis of Illinois, Mr. Scalise, Mr. Rose, Mr. Bishop of Georgia, Mr. Tiffany, Mr. Graves of Missouri, Mr. McClintock, Ms. Cheney, Mr. Pfluger, Mrs. Cammack, Mr. Carter of Georgia, Mr. Burgess, Mr. Webster of Florida, Mr. Rogers of Kentucky, Mr. Aderholt, Mr. Steil, Mr. Fallon, Mr. Reed, Mr. Moore of Utah, Mr. Guthrie, Ms. Mace, and Mr. Kelly of Mississippi) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to provide a means by which nonresidents of a State whose residents may carry concealed firearms may also do so in the State.1.Short titleThis Act may be cited as the Concealed Carry Reciprocity Act.2.Reciprocity for the carrying of certain concealed firearms(a)In generalChapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:926D.Reciprocity for the carrying of certain concealed firearms(a)Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection (b)) and subject only to the requirements of this section, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides, may possess or carry a concealed handgun (other than a machine gun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State that—(1)has a statute under which residents of the State may apply for a license or permit to carry a concealed firearm; or(2)does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.(b)This section shall not be construed to supersede or limit the laws of any State that—(1)permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or(2)prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.(c)(1)A person who carries or possesses a concealed handgun in accordance with subsections (a) and (b) may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for by this section. Presentation of facially valid documents as specified in subsection (a) is prima facie evidence that the individual has a license or permit as required by this section.(2)When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsections (a) and (b).(3)When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney’s fee.(d)(1)A person who is deprived of any right, privilege, or immunity secured by this section, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages or other appropriate relief.(2)The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney’s fee.(e)In subsection (a):(1)The term identification document means a document made or issued by or under the authority of the United States Government, a State, or a political subdivision of a State which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.(2)The term handgun includes any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine.(f)(1)A person who possesses or carries a concealed handgun under subsection (a) shall not be subject to the prohibitions of section 922(q) with respect to that handgun.(2)A person possessing or carrying a concealed handgun in a State under subsection (a) may do so in any of the following areas in the State that are open to the public:(A)A unit of the National Park System.(B)A unit of the National Wildlife Refuge System.(C)Public land under the jurisdiction of the Bureau of Land Management.(D)Land administered and managed by the Army Corps of Engineers.(E)Land administered and managed by the Bureau of Reclamation.(F)Land administered and managed by the Forest Service..(b)Clerical amendmentThe table of sections for such chapter is amended by inserting after the item relating to section 926C the following:926D. Reciprocity for the carrying of certain concealed firearms..(c)SeverabilityNotwithstanding any other provision of this Act, if any provision of this section, or any amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this section and amendments made by this section and the application of such provision or amendment to other persons or circumstances shall not be affected thereby.(d)Effective dateThe amendments made by this section shall take effect 90 days after the date of the enactment of this Act.


116 HR 1767 IH: Excellence in Mental Health and Addiction Treatment Expansion Act
U.S. House of Representatives
2019-03-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1767IN THE HOUSE OF REPRESENTATIVESMarch 14, 2019Ms. Matsui (for herself, Mr. Mullin, Mr. Blumenauer, Ms. Bonamici, Mr. Carson of Indiana, Ms. Clarke of New York, Mr. Cole, Mr. Rodney Davis of Illinois, Mr. DeFazio, Mr. DeSaulnier, Mrs. Dingell, Mr. Emmer, Mr. Fitzpatrick, Mr. Gottheimer, Mr. Higgins of New York, Ms. Kendra S. Horn of Oklahoma, Mr. Katko, Mr. Kennedy, Mr. King of New York, Mr. Luetkemeyer, Mr. Luján, Mr. Lynch, Mr. Sean Patrick Maloney of New York, Ms. McCollum, Ms. Meng, Mr. Peterson, Miss Rice of New York, Ms. Roybal-Allard, Mr. Schrader, Mr. Serrano, Mr. Sires, Mr. Stauber, Ms. Stefanik, Mr. Tonko, and Ms. Wild) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo increase the number of States that may conduct Medicaid demonstration programs to improve access
			 to community mental health services, and for other purposes.

 1.Short titleThis Act may be cited as the Excellence in Mental Health and Addiction Treatment Expansion Act. 2.Community mental health services demonstration program Section 223(d) of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note) is amended—
 (1)in paragraph (3)— (A)by striking Not more than and inserting Subject to paragraph (8), not more than; and
 (B)by striking 2-year and inserting 4-year; and (2)by adding at the end the following new paragraph:

 (8)Additional programsIn addition to the 8 States selected under paragraph (1), the Secretary shall, not later than one year after the date of the enactment of the Excellence in Mental Health and Addiction Treatment Expansion Act, select 11 States (which shall not include any States selected under paragraph (1)) to participate in 2-year demonstration programs, that meet the requirements of this subsection, and represent a diverse selection of geographic areas, including rural and underserved areas..


		III

		109th CONGRESS

		2d Session

		S. RES. 439

		IN THE SENATE OF THE UNITED STATES

			April 7, 2006

			Mr. Dodd (for himself,

			 Mr. Alexander, Ms. Snowe, Ms.

			 Landrieu, Mrs. Clinton,

			 Mr. Levin, Mrs.

			 Murray, Mr. Lieberman,

			 Mr. Salazar, Mr. Durbin, and Mr.

			 Coleman) submitted the following resolution; which was considered

			 and agreed to

		RESOLUTION

		Designating the third week of April 2006 as

		  National Shaken Baby Syndrome Awareness Week.

		Whereas the month of April has been designated

			 National Child Abuse Prevention Month as an annual tradition

			 that was initiated in 1979 by former President Jimmy Carter;

		Whereas the most recent National Child Abuse and Neglect

			 Data System figures reveal that almost 900,000 children were victims of abuse

			 and neglect in the United States in 2002, causing unspeakable pain and

			 suffering to our most vulnerable citizens;

		Whereas among the children who are victims of abuse and

			 neglect, nearly 4 children die in the United States each day;

		Whereas children aged 1 year or younger accounted for 41.2

			 percent of all child abuse and neglect fatalities in 2002, and children aged 4

			 years or younger accounted for 76.1 percent of all child abuse and neglect

			 fatalities in 2002;

		Whereas abusive head trauma, including the trauma known as

			 Shaken Baby Syndrome, is recognized as the leading cause of

			 death of physically abused children;

		Whereas Shaken Baby Syndrome can result in loss of vision,

			 brain damage, paralysis, seizures, or death;

		Whereas a 2003 report in the Journal of the American

			 Medical Association estimated that, in the United States, an average of 300

			 children will die each year, and 600 to 1,200 more will be injured, of whom

			 2/3 will be babies or infants under 1 year in age, as a

			 result of Shaken Baby Syndrome, with many cases resulting in severe and

			 permanent disabilities;

		Whereas medical professionals believe that thousands of

			 additional cases of Shaken Baby Syndrome are being misdiagnosed or are not

			 detected;

		Whereas Shaken Baby Syndrome often results in permanent,

			 irreparable brain damage or death to an infant and may result in more than

			 $1,000,000 in medical costs to care for a single, disabled child in just the

			 first few years of life;

		Whereas the most effective solution for ending Shaken Baby

			 Syndrome is to prevent the abuse, and it is clear that the minimal costs of

			 education and prevention programs may prevent enormous medical and disability

			 costs and immeasurable amounts of grief for many families;

		Whereas prevention programs have demonstrated that

			 educating new parents about the danger of shaking young children and how they

			 can help protect their child from injury can bring about a significant

			 reduction in the number of cases of Shaken Baby Syndrome;

		Whereas education programs have been shown to raise

			 awareness and provide critically important information about Shaken Baby

			 Syndrome to parents, caregivers, daycare workers, child protection employees,

			 law enforcement personnel, health care professionals, and legal

			 representatives;

		Whereas efforts to prevent Shaken Baby Syndrome are

			 supported by advocacy groups across the United States that were formed by

			 parents and relatives of children who have been killed or injured by shaking,

			 including the National Shaken Baby Coalition, the Shaken Baby Association, the

			 Shaking Kills: Instead Parents Please Educate and Remember Initiative (commonly

			 known as the SKIPPER Initiative), the Shaken Baby Alliance,

			 Shaken Baby Prevention, Inc., A Voice for Gabbi, Don't Shake Jake, and the

			 Kierra Harrison Foundation, whose mission is to educate the general public and

			 professionals about Shaken Baby Syndrome and to increase support for victims

			 and the families of the victims in the health care and criminal justice

			 systems;

		Whereas child abuse prevention programs and

			 National Shaken Baby Syndrome Awareness Week are supported by

			 the National Shaken Baby Coalition, the National Center on Shaken Baby

			 Syndrome, the Children's Defense Fund, the American Academy of Pediatrics, the

			 Child Welfare League of America, Prevent Child Abuse America, the National

			 Child Abuse Coalition, the National Exchange Club Foundation, the American

			 Humane Association, the American Professional Society on the Abuse of Children,

			 the Arc of the United States, the Association of University Centers on

			 Disabilities, Children's Healthcare is a Legal Duty, Family Partnership, Family

			 Voices, National Alliance of Children's Trust and Prevention Funds, United

			 Cerebral Palsy, the National Association of Children's Hospitals and related

			 institutions, Never Shake a Baby Arizona, Prevent Child Abuse Arizona, the

			 Center for Child Protection and Family Support, and many other

			 organizations;

		Whereas a 2000 survey by Prevent Child Abuse America shows

			 that approximately half of all citizens of the United States believe that, of

			 all the public health issues facing the United States, child abuse and neglect

			 is the most important issue;

		Whereas Congress previously designated the third week of

			 April 2001 as National Shaken Baby Syndrome Awareness Week 2001;

			 and

		Whereas Congress strongly supports efforts to protect

			 children from abuse and neglect: Now, therefore, be it

		That the Senate—

			(1)designates the

			 third week of April 2006 as National Shaken Baby Syndrome Awareness

			 Week;

			(2)commends those

			 hospitals, child care councils, schools, and other organizations that

			 are—

				(A)working to

			 increase awareness of the danger of shaking young children; and

				(B)educating parents

			 and caregivers on how they can help protect children from injuries caused by

			 abusive shaking; and

				(3)encourages the

			 citizens of the United States to—

				(A)remember the

			 victims of Shaken Baby Syndrome; and

				(B)participate in

			 educational programs to help prevent Shaken Baby Syndrome.


114 S550 IS: To clarify that funding for the standard setting body designated pursuant to section 19(b) of the Securities Act of 1933 is not subject to the sequester.
U.S. Senate
2015-02-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 550IN THE SENATE OF THE UNITED STATESFebruary 24, 2015Mr. Enzi (for himself and Mr. Murphy) introduced the following bill; which was read twice and referred to the Committee on the BudgetA BILLTo clarify that funding for the standard setting body designated pursuant to section 19(b) of the
			 Securities Act of 1933 is not subject to the sequester.

 1.ClarificationSection 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) does not apply with respect to the funding of the standard setting body designated pursuant to section 19(b) of the Securities Act of 1933 (15 U.S.C. 77s(b)).


116 SRES 30 IS: Condemning efforts to undermine democracy in Hungary and urging President Trump to defend the universal human rights and democratic norms under attack by the Orban government.
U.S. Senate
2019-01-25
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.

		III
		116th CONGRESS
		1st Session
		S. RES. 30
		IN THE SENATE OF THE UNITED STATES

			January 25 (legislative day, January 24), 2019
			Mrs. Feinstein (for herself, Mr. Durbin, and Mr. Murphy) submitted the following resolution; which was referred to the Committee on Foreign Relations

		RESOLUTION
		Condemning efforts to undermine democracy in Hungary and urging President Trump to defend
			 the universal human rights and democratic norms under attack by the  Orban
			 government.

 Whereas the United States and Hungary have a shared history dating to the times of Lajos Kossuth, whose bust graces the halls of the United States Congress;
 Whereas Hungarians have come to the United States since its founding as immigrants and refugees, enriching our national fabric;
 Whereas the United States first established diplomatic relations with Hungary in 1921; Whereas the United States supported Hungary’s accession to the North Atlantic Treaty Organization in 1999, improving Hungary’s national security and building upon our common alliance;
 Whereas NATO member states have collectively identified corruption and poor governance, including within member states, as security challenges which undermine democracy, the rule of law and economic development;
 Whereas Viktor Orban has led the Fidesz party since 2003 and has continuously served as Hungary’s Prime Minister since 2010;
 Whereas, since 2010, the Fidesz government has retained a super majority in Parliament despite not winning a majority of votes, and Prime Minister Orban has systematically undermined the Hungarian Constitution, independent media and judiciary;
 Whereas Hungary’s 2011 law on religion discriminates against some minority faiths by stripping legal recognition from more than 300 previously recognized faiths, violating their rights to freedom of association and freedom of religion, and has spurred a legal challenge from a range of religious faiths in Hungary, including the Hungarian Evangelical Fellowship and Mennonite, reform Jewish, and Buddhist congregations;
 Whereas, following the 2014 Parliamentary elections in Hungary, the OSCE noted that Fidesz enjoyed an undue advantage because of restrictive campaign regulations, biased media coverage, and campaign activities that blurred the separation between political party and the state;
 Whereas Prime Minister Orban used his parliamentary super majority to redraw Hungary’s electoral map and reduce the number of seats in Hungary’s Parliament, providing an advantage which has allowed the Prime Minister to more easily remain in power;
 Whereas the Government of Hungary created the National Media and Communications Agency and empowered it to impose fines against independent media outlets for coverage the government finds unbalanced or offensive;
 Whereas, in November 2018, more than 400 media publications, websites, television channels and radio stations in Hungary, already concentrated in the hands of a few owners, were donated, without compensation, by their owners to a central holding company which, according to a subsequently passed law, is exempt from competition oversight;
 Whereas, according to the Department of State’s 2017 report on human rights, Hungary has passed a series of laws modifying the judicial system by restricting the Constitutional Court, altering the rules for electing Constitution Court justices, and vested the president of the National Office for the Judiciary, a position appointed by the parliament, with significant decision-making power;
 Whereas, according to a Human Rights Watch analysis of Hungary’s judicial reforms since 2011, changes to the judiciary have undermined an important check on the government by curbing the judiciary’s independence, forcing nearly 300 judges into early retirement, and imposing limitations on the Constitutional Court’s ability to review laws and complaints;
 Whereas the Government of Hungary has enacted legislation stigmatizing non-governmental organizations that receive financial support from abroad, drawing a legal challenge from the European Court of Justice;
 Whereas, in 2017, the Government of Hungary adopted a law on nongovernmental organizations that, according to the Department of State, unfairly burdens a targeted group of Hungarian civil society organizations, many of which focus on fighting corruption and protecting human rights and civil liberties;
 Whereas, in February 2018, more than 250 nongovernmental organizations signed a letter in opposition to Hungary’s escalating effort to crackdown on the legitimate work of civil society groups in Hungary seeking to promote and defend human rights, provide legal and social services to people in need in the country, and publicly express dissenting opinions in the press and online;
 Whereas, in 2018, the Government of Hungary adopted amendments to a law on aiding illegal migration, which criminalizes the provision of assistance to refugees and asylum-seekers, including public advocacy and humanitarian assistance, and makes the distribution of know-your-rights leaflets punishable by up to one year in prison;
 Whereas, in 2018, the Government of Hungary introduced a 25-percent tax on organizations that engage in disfavored speech regarding immigration, thereby establishing a content-based punishment to restrict free speech;
 Whereas, in 2017, the Government of Hungary enacted a law requiring the mandatory detention of all asylum-seekers in transit camps while their asylum applications are reviewed and permitting the immediate deportation of certain asylum-seekers to Serbia;
 Whereas, in response, the United Nations High Commissioner for Refugees said that this new law violates Hungary’s obligations under international and EU laws, and will have a terrible physical and psychological impact on women, children and men who have already greatly suffered; and
 Whereas the erosion of democratic institutions and norms in Hungary has been found to be in clear violation of the European Union’s values, resulting in the initiation of sanctions proceedings against the Orban government: Now, therefore, be it

 That the Senate— (1)rejects the Government of Hungary’s efforts to undermine the independence of the judiciary, restrict civil society groups, infringe on the freedom of the press, and violate the rights of asylum-seekers in Hungary; and
 (2)urges the President to vigorously defend the universal freedoms and democratic norms under attack by the Orban government in Hungary.