116 S3044 RS: Western Tribal Water Infrastructure Act of 2019
U.S. Senate
2019-12-12
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. 609116th CONGRESS2d SessionS. 3044[Report No. 116–309]IN THE SENATE OF THE UNITED STATESDecember 12, 2019Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsDecember 9, 2020Reported by Mr. Hoeven, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo amend the America's Water Infrastructure Act of 2018 to expand the Indian reservation drinking
 water program, and for other purposes.1.Short titleThis Act may be cited as the Western Tribal Water Infrastructure Act of 2019.2.Indian Reservation Drinking Water ProgramSection 2001 of the America's Water Infrastructure Act of 2018 (42 U.S.C. 300j–3c note; Public Law 115–270) is amended—(1)in subsection (a)—(A)in the matter preceding paragraph (1), by striking Subject to the availability of appropriations, the Administrator and inserting The Administrator;(B)in paragraph (1), by striking and at the end;(C)in paragraph (2), by striking the period at the end and inserting ; and; and(D)by adding at the end the following:(3)10 eligible projects described in subsection (b) that are within—(A)the portion of the Columbia River Basin that is—(i)south of the Columbia River; and(ii)below the Grand Coulee Dam; or(B)coastal basins adjacent to the portion of the Columbia River Basin described in subparagraph (A).;(2)in subsection (b)(1)—(A)by striking is on a reservation and inserting the following:is on—(A)a reservation;(B)in subparagraph (A) (as so designated), by striking and at the end and inserting or; and(C)by adding at the end the following:(B)an off-reservation site that serves an Indian Tribe described in subsection (c)(2); and;(3)in subsection (c)—(A)by striking the subsection designation and heading and all that follows through In carrying out and inserting the following:(c)Requirements(1)Upper Missouri River BasinIn carrying out; and(B)by adding at the end the following:(2)Columbia River BasinIn carrying out the program under subsection (a)(3), the Administrator of the Environmental Protection Agency shall select not less than 1 eligible project that serves one or more Tribal communities of federally recognized Indian Tribes the Federal recognition of which has been terminated and subsequently restored.; and(4)in subsection (d), by striking $20,000,000 for each of fiscal years 2019 through 2022 and inserting $30,000,000 for fiscal year 2020 and each fiscal year thereafter.1.Short titleThis Act may be cited as the Western Tribal Water Infrastructure Act of 2020.2.Indian Reservation Drinking Water ProgramSection 2001 of the America's Water Infrastructure Act of 2018 (42 U.S.C. 300j–3c note; Public Law 115–270) is amended—(1)in subsection (a)—(A)in the matter preceding paragraph (1), by striking Subject to the availability of appropriations, the Administrator and inserting The Administrator;(B)in paragraph (1), by striking and at the end;(C)in paragraph (2), by striking the period at the end and inserting ; and; and(D)by adding at the end the following:(3)10 eligible projects described in subsection (b) that are within—(A)the Columbia River Basin; or(B)a coastal basin adjacent to the Columbia River.;(2)in subsection (b)(1)—(A)by striking is on a reservation and inserting the following:is on—(A)a reservation;(B)in subparagraph (A) (as so designated), by striking and at the end and inserting or; and(C)by adding at the end the following:(B)an off-reservation site that serves an Indian Tribe described in subsection (c)(2)(B); and;(3)in subsection (c)—(A)by striking the subsection designation and heading and all that follows through In carrying out and inserting the following:(c)Requirements(1)Upper Missouri River BasinIn carrying out; and(B)by adding at the end the following:(2)Columbia River BasinIn carrying out the program under subsection (a)(3), the Administrator of the Environmental Protection Agency shall—(A)give priority to projects that respond to emergency situations where a lack of access to clean drinking water threatens the health of Tribal populations; (B)select not fewer than 1 eligible project that serves 1 or more Tribal communities of federally recognized Indian Tribes the Federal recognition of which has been terminated and subsequently restored; and(C)ensure that not fewer than 1 eligible project under that subsection is carried out in—(i)the area described in subparagraph (A) of that subsection; and(ii)an area described in subparagraph (B) of that subsection.;(4)by redesignating subsection (d) as subsection (e);(5)by inserting after subsection (c) the following:(d)Federal shareThe Federal share of a project carried out under this section shall be 100 percent.; and(6)in subsection (e) (as so redesignated), by striking $20,000,000 for each of fiscal years 2019 through 2022 and inserting $30,000,000 for fiscal year 2020 and each fiscal year thereafter.December 9, 2020Reported with an amendment


110 HR 3882 IH: To amend title 38, United States Code, to change the

U.S. House of Representatives
2007-10-17
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. 3882
		IN THE HOUSE OF REPRESENTATIVES

			October 17, 2007
			Mr. Walz of Minnesota
			 (for himself, Mr. Kline of Minnesota,
			 Mr. Peterson of Minnesota,
			 Ms. McCollum of Minnesota,
			 Mr. Oberstar,
			 Mrs. Bachmann,
			 Mr. Ramstad,
			 Mr. Ellison,
			 Mr. Braley of Iowa,
			 Mr. Boswell,
			 Mr. Loebsack, and
			 Mr. Latham) introduced the following
			 bill; which was referred to the Committee
			 on Veterans’ Affairs

		A BILL
		To amend title 38, United States Code, to change the
		  length of the obligated period of service on active duty required for receiving
		  certain education benefits administered by the Secretary of Veterans Affairs,
		  and for other purposes.

		1.Obligated period of service
			 on active duty required for receipt of certain education benefits administered
			 by Secretary of Veterans Affairs
			(a)Length of
			 periodSection 3011 of title
			 38, United States Code, is amended—
				(1)in subsection
			 (a)(1)(A)(ii), by striking an obligated period of service of two
			 years and inserting an obligated period of service of less than
			 three years;
				(2)in
			 subsection (b)(2), by striking two years of; and
				(3)in subsection
			 (d)(3), by inserting before the period the following: , unless the
			 individual completed at least 20 months of continuous service on active
			 duty.
				(b)Technical
			 amendmentSection 3012(c)(2) of such title is amended by striking
			 two years of.
			(c)Effective
			 dateThe amendments made by
			 this Act shall apply with respect to education or training pursued on or after
			 the date of enactment of this Act by an individual who, on or after September
			 11, 2001, begins serving the obligated period of active duty described in
			 section 3011(a)(1)(A)(ii) of title 38, United States Code, as amended by
			 subsection (a)(1).


116 HR 6340 IH: To provide for mortgage forbearance during the COVID–19 emergency, and for other purposes.
U.S. House of Representatives
2020-03-23
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.

I116th CONGRESS2d SessionH. R. 6340IN THE HOUSE OF REPRESENTATIVESMarch 23, 2020Mr. Clay introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo provide for mortgage forbearance during the COVID–19 emergency, and for other purposes.1.Mortgage forbearance(a)Findings(1)FindingsCongress finds that—(A)the collection of debts involves the use of the mails and wires and other instrumentalities of interstate commerce;(B)at times of major disaster or emergency, the income of consumers is often impaired and their necessary daily expenses often increase;(C)temporary forbearance benefits not only consumer and small business debtors, but also other creditors by avoiding downward collateral price spirals triggered by an increase in foreclosure activity;(D)without forbearance, many consumers and small businesses are unlikely to be able to pay their obligations according to their original terms and are likely to default on obligations or file for bankruptcy, resulting in reduced recoveries for creditors, and in the case of bankruptcy, no recovery of unaccrued interest;(E)with forbearance, creditors are likely to realize greater long-term value because consumers and small businesses will be more likely to be able to repay their obligations after the major disaster or emergency has subsided;(F)the legislative and administrative response to major disasters and emergencies may consist of multiple components divided among different statutes and programs; and(G)when evaluating whether property has been taken from a person without just compensation, a holistic evaluation of the burdens and benefits of all legislative and administrative responses, including indirect benefits from macroeconomic stabilization, is appropriate.(2)Further findings regarding mortgage forbearanceCongress further finds that—(A)ensuring that consumers are able to remain in their residences reduces the disruptions and economic harm caused by such disasters and emergencies by ensuring that consumers are able to continue their existing employment, education, childcare, and healthcare arrangements, which are often geographically based;(B)temporary forbearance on residential mortgages is therefore critical to fostering economic recovery and stability in the wake of major disasters or emergencies;(C)temporary mortgage forbearance during a declared disaster benefits not only mortgagors, but also mortgagees because mortgagors’ ability to pay is likely to be restored after a disaster or emergency subsides, so forbearance may increase mortgagors’ total recovery. Without forbearance, mortgagors are likely to default or file for bankruptcy, resulting in significant losses for mortgagees; and(D)temporary mortgage forbearance during a declared disaster also benefits the mortgagees of other properties because housing prices are geographically and serially correlated so an increase in foreclosures can drive down the value of collateral for all mortgage lenders, further destabilizing the economy.(3)Further findings regarding mortgage servicersCongress further finds that—(A)mortgage servicers are often contractually obligated to advance scheduled mortgage payments to securitization investors, irrespective of whether the servicer collects the payment from the mortgagor;(B)mortgage servicers are often thinly capitalized and with limited capacity for engaging in large scale advancing of payments to securitization investors;(C)securitization investors have long been aware of servicers’ thin capitalization; (D)in the wake of the 2008 financial crisis, several servicers had difficulty obtaining sufficiently liquidity to make advances;(E)mortgage servicing is a heavily regulated industry;(F)in response to the 2008 financial crisis, Congress created a safe harbor for mortgage servicers that undertook loan modifications; (G)in response to the 2008 financial crisis, the Home Affordable Modification Program paid mortgage servicers to undertake loan modifications; (H)as part of the 2012 joint State-Federal National Mortgage Settlement, mortgage servicers committed to undertaking loan modifications; and(I)investors in mortgage securitizations are or should be aware of servicers’ thin capitalization, liquidity constraints, the extent and history of servicing regulation and therefore do not have a reasonable expectation that the terms of servicing contracts will be enforceable at times of national financial crisis.(4)DeterminationIt is the sense of the Congress that, on the basis of the findings described under paragraphs (1), (2), and (3), the Congress determines that the provisions of this Act are necessary and proper for the purpose of carrying into execution the powers of the Congress to regulate commerce among the several States and to establish uniform bankruptcy laws.(b)Prohibition on foreclosures and repossessions during the COVID–19 emergency(1)Prohibition on foreclosuresThe Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is amended—(A)in section 3 (12 U.S.C. 2602)—(i)in paragraph (8), by striking and at the end;(ii)in paragraph (9), by striking the period at the end and inserting ; and; and(iii)by adding at the end the following:(10)the term COVID–19 emergency means the period that begins upon the date of the enactment of this Act and ends on the date of the termination by the Federal Emergency Management Agency of the emergency declared on March 13, 2020, by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019 (COVID–19) pandemic. ; and(B)in section 6(k)(1) (12 U.S.C. 2605(k)(1))—(i)in subparagraph (D), by striking or at the end;(ii)by redesignating subparagraph (E) as subparagraph (G); and(iii)by inserting after subparagraph (D) the following:(E)commence or continue any judicial foreclosure action or non-judicial foreclosure process or any action to evict a consumer following a foreclosure during the COVID–19 emergency or the 180-day period following such emergency (except that such prohibition shall not apply to a mortgage secured by a dwelling that the servicer has determined after exercising reasonable diligence is vacant or abandoned);(F)fail to toll the time in a foreclosure process on a property during the COVID–19 emergency or the 180-day period following such emergency (except that such prohibition shall not apply to a mortgage secured by a dwelling that the servicer has determined after exercising reasonable diligence is vacant or abandoned); or.(2)Repossession prohibitionDuring the COVID–19 emergency and for the 180-day period following such emergency, a servicer of a consumer loan secured by a manufactured home or a motor vehicle may not repossess such home or vehicle.(c)Forbearance of residential mortgage loan payments for single family properties (1–4 units)Section 6 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605) is amended by adding at the end the following:(n)Forbearance during the COVID–19 emergency(1)Consumer right to request a forbearance(A)Request for forbearanceA borrower experiencing a financial hardship during the COVID–19 emergency may request forbearance from any mortgage obligation, regardless of delinquency status, by submitting a request to the borrower’s servicer, either orally or in writing, affirming that the borrower is experiencing hardship during the COVID–19 emergency. A borrower shall not be required to provide any additional documentation to receive such forbearance.(B)Length of forbearance; extensionA forbearance requested pursuant to subparagraph (A) shall be provided for a period of 180 days, and may be extended upon request of the borrower for an additional 180 days.(C)Treatment of tenantsA borrower receiving a forbearance under this subsection with respect to a mortgage secured by a dwelling that has tenants, whether or not the borrower also lives in the dwelling, shall provide the tenants with rent relief for a period not less than the period covered by the forbearance.(2)Automatic forbearance for delinquent borrowers(A)In generalNotwithstanding any other law governing forbearance relief, during the COVID–19 emergency, any borrower who is or becomes 60 days or more delinquent on a mortgage obligation shall automatically be granted a 180-day forbearance, which may be extended upon request of the borrower for an additional 180 days. Such a borrower may elect to continue making regular payments by notifying the servicer of the mortgage obligation of such election.(B)Notice to borrowerThe servicer of a mortgage obligation placed in forbearance pursuant to subparagraph (A) shall provide the borrower written notification of the forbearance and its duration as well as information about available loss mitigation options and the right to end the forbearance and resume making regular payments.(C)Treatment of payments during forbearanceAny payments made by the borrower during the forbearance period shall be credited to the borrower’s account in accordance with section 129F of the Truth in Lending Act (15 U.S.C. 1639f) or as the borrower may otherwise instruct that is consistent with the terms of the mortgage loan contract.(3)Requirements for servicers(A)Notification(i)In generalEach servicer of a federally related mortgage loan shall notify the borrower of their right to request forbearance under paragraph (1)—(I)not later than 14 days after the date of enactment of this subsection; and(II)until the end of COVID–19 emergency—(aa)on each periodic statement provided to the borrower; and(bb)in any oral or written communication by the servicer with or to the borrower.(ii)Manner of notification(I)Written notificationAny written notification required under this section—(aa)shall be provided—(AA)in English and Spanish and in any additional languages in which the servicer communicates, including the language in which the loan was negotiated, to the extent known by the servicer; and(BB)at least as clearly and conspicuously as the most clear and conspicuous disclosure on the document;(bb)shall include the notification of the availability of language assistance and housing counseling produced by the Federal Housing Finance Agency under subsection (o); and(cc)may be provided by first-class mail or electronically, if the borrower has otherwise consented to electronic communication with the servicer and has not revoked such consent.(II)Oral notificationAny oral notification required under clause (i) shall be provided in the language the servicer otherwise uses to communicate with the borrower.(III)Written translationsIn providing written notifications in languages other than English under subclause (I), a servicer may rely on written translations developed by the Federal Housing Finance Agency or the Bureau.(B)Other requirements(i)Forbearance requiredUpon receiving a request for forbearance from a consumer under paragraph (1) or placing a borrower in automatic forbearance under paragraph (2), a servicer shall provide the forbearance for not less than 180 days, and an additional 180 days at the request of the borrower, provided that the borrower will have the option to discontinue the forbearance at any time.(ii)Prohibition on fees, penalties, and interestDuring the period of a forbearance under this subsection, no fees, penalties or additional interest beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract in effect at the time the borrower enters into the forbearance shall accrue.(iii)Treatment of escrow paymentsIf a borrower in forbearance under this subsection is required to make payments to an escrow account, the servicer shall pay or advance the escrow disbursements in a timely manner (defined as on or before the deadline to avoid a penalty), regardless of the status of the borrower’s payments. The servicer may collect any resulting escrow shortage or deficiency from the borrower after the forbearance period ends, in a lump sum payment, spread over 60 months, or capitalized into the loan, at the borrower’s election..(d)Notification of language assistance and housing counselingSection 6 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605), as amended by subsection (c), is further amended by adding at the end the following:(o)Notification of language assistance and housing counseling(1)In generalThe Federal Housing Finance Agency shall, within 30 days of the date of enactment of this Act, make available a document providing notice of the availability of language assistance and housing counseling in substantially the same form, and in at least the same languages, as the existing Language Translation Disclosure.(2)Minimum requirementThe document described under subsection (a) shall include the notice in at least all the languages for which Federal Housing Finance Agency currently has translations on its existing Language Translation Disclosure available.(3)Provision to servicersThe Federal Housing Finance Agency shall make this document available to servicers to fulfill their requirements under subsection (n)..(e)United States Department of Agriculture Direct Loan ProgramSection 505 of the Housing Act of 1949 (42 U.S.C. 1475) is amended—(1)by redesignating subsection (b) as subsection (c); and(2)by inserting after subsection (a) the following:(b)Loan modification(1)In generalThe Secretary shall implement a loan modification program to modify the terms of outstanding loans for borrowers who face financial hardship.(2)Affordable paymentsThe Secretary's loan modification program under paragraph (1) shall be designed so as to provide affordable payments for borrowers. In defining affordable payments the Secretary shall consult definitions of affordability promulgated by the Federal Housing Finance Authority, the Department of Housing and Urban Development, and the Bureau of Consumer Financial Protection.(3)Additional program requirementsThe Secretary's loan modification program under paragraph (1) shall allow for measures including extension of the remaining loan term to up to 480 months and a reduction in interest rate to the market interest rate as defined by regulations of the Secretary. The modification program shall be available for borrowers in a moratorium and for borrowers not already in a moratorium who qualify under the terms established by the Secretary. The Secretary may also establish reasonable additional measures for providing affordable loan modifications to borrowers.;(3)in subsection (c), as so redesignated, by adding at the end the following: Acceleration of the promissory note and initiation of foreclosure proceedings shall not terminate a borrower’s eligibility for a moratorium, loan reamortization, special servicing, or other foreclosure alternative.; and(4)by adding at the end the following:(d)RequirementThe Secretary shall comply with subsection (k)(1), (n), and (o) of section 6 of the Real Estate Settlement Procedures Act of 1974 with respect to any single-family loans it holds or services..(f)Forbearance of residential mortgage loan payments for multifamily properties (5+ units)(1)In generalDuring the COVID–19 emergency, a multifamily borrower experiencing a financial hardship due, directly or indirectly, to the COVID–19 emergency may request a forbearance under the terms set forth in this section.(2)Request for reliefA multifamily borrower may submit a request for forbearance under paragraph (1) to the borrower’s servicer, either orally or in writing, affirming that the multifamily borrower is experiencing hardship during the COVID–19 emergency.(3)Forbearance period(A)In generalUpon receipt of an oral or written request for forbearance from a multifamily borrower, a servicer shall—(i)document the financial hardship;(ii)provide the forbearance for not less than 180 days; and(iii)provide the forbearance for an additional 180 days upon the request of the borrower at least 30 days prior to the end of the forbearance period described under subparagraph (A).(B)Right to discontinueA multifamily borrower shall have the option to discontinue the forbearance at any time.(4)Renter protectionsDuring the term of a forbearance under this section, a multifamily borrower may not—(A)evict a tenant for nonpayment of rent; or(B)apply or accrue any fees or other penalties on renters for nonpayment of rent.(5)Obligation to bring the loan currentA multifamily borrower shall bring a loan placed in forbearance under this section current within the earlier of—(A)12 months after the conclusion of the forbearance period; or(B)receipt of any business interruption insurance proceeds by the multifamily borrower.(6)DefinitionFor the purposes of this subsection, the term multifamily borrower means a borrower of a residential mortgage loan that is secured by a lien against a property comprising five or more dwelling units.(g)Federal Reserve credit facility for mortgage servicers(1)In generalThe Board of Governors of the Federal Reserve System and the Secretary of the Treasury, pursuant to the authority granted under section 13(3) of the Federal Reserve Act, directly (or indirectly through an intermediary, such as the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, an insured depository institution, non-depository lending institution, or a special purpose vehicle)—(A)shall extend credit to mortgage servicers and other obligated advancing parties that in each case have liquidity needs due to the COVID–19 emergency or compliance with this Act with respect to mortgage loans (the affected mortgages); and(B)may extend further credit to mortgage servicers for other liquidity needs due to the actual or imminent delinquency or default on mortgage loans due to the COVID–19 emergency.(2)Non-compliant servicersA mortgage servicer shall not be eligible for assistance under paragraph (1) if the provider is in violation of any requirement under this Act, and fails to promptly cure any such violation upon notice or discovery thereof. (3)Payments and purchasesCredit extended under paragraph (1)(A) shall be in an amount sufficient to—(A)cover—(i)the pass-through payment of principal and interest to mortgage-backed securities holders;(ii)the payment of taxes and insurance to third parties; and(iii)the temporary reimbursement of modification costs and fees due to servicers that will be deferred until such time as a forbearance period terminates, due in each case on, or in respect of, such affected mortgage loans or related mortgage-backed securities; and(B)purchase affected mortgages from pools of securitized mortgages.(4)CollateralThe credit authorized by this section shall be secured by the pledgor’s interest in accounts receivable, loans, or related interests resulting from the payment advances made on the affected mortgages by the mortgage servicers.(5)Credit supportThe Secretary of the Treasury shall provide credit support to the Board of Governors of the Federal Reserve System for the program required by this section.(6)Conflict with other lawsNotwithstanding any Federal or State law to the contrary, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Government National Mortgage Association may permit the pledge or grant of a security interest in the pledgor’s interest in such accounts receivable or loans or related interests and honor or permit the enforcement of such pledge or grant in accordance with its terms.(7)DurationThe extension of credit by the Board of Governors of the Federal Reserve System and credit support from the Secretary of the Treasury under this section shall be available until the later of—(A)6 months after the end of the COVID–19 emergency; and(B)the date on which the Board of Governors of the Federal Reserve System and the Secretary of the Treasury determine such credit and credit support should no longer be available to address the liquidity concern addressed by this section.(8)Amendments to National Housing ActSection 306(g)(1) of the National Housing Act (12 U.S.C. 1721(g)(1)) is amended—(A)by inserting the following new sentence after the fourth sentence in the paragraph: In any case in which (I) the President declares a major disaster or emergency for the Nation or any area that in either case has been affected by damage or other adverse effects of sufficient severity and magnitude to warrant major disaster assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act or other Federal law, (II) upon request of an Issuer of any security, the Association elects to extend to the Issuer one or more of the disaster assistance or emergency programs that the Association determines to be available to account for the Issuer’s failure or anticipated failure to receive from the mortgagor the full amount of principal and interest due, then (III) the Association may elect not to declare the Issuer to be in default because of such request for such disaster or emergency assistance.;(B)by inserting after the word issued in the sixth sentence, as redesignated, the following: subject to any pledge or grant of security interest of the pledgor’s interest in and to any such mortgage or mortgages or any interest therein and the proceeds thereon, which the Association may elect to approve;; and(C)by inserting after the word issued in the seventh sentence, as redesignated, the following: , or (D) its approval and honoring of any pledge or grant of security interest of the pledgor’s interest in and to any such mortgage or mortgages or any interest therein and proceeds thereon..(h)Safe harbor(1)In generalNotwithstanding any other provision of law, whenever a servicer of residential mortgages of residential mortgage-backed securities—(A)grants a borrower relief under section 6(n) and 6(p) of the Real Estate Settlement Procedures Act of 1974 with respect to a residential mortgage originated before April 1, 2020, including a mortgage held in a securitization or other investment vehicle; and(B)the servicer or trustee or issuer owes a duty to investors or other parties regarding the standard for servicing such mortgage,the servicer shall be deemed to have satisfied such a duty, and the servicer shall not be liable to any party who is owed such a duty and shall not be subject to any injunction, stay, or other equitable relief to such party, based upon its good faith compliance with the provisions of 6(n) and 6(p) of the Real Estate Settlement Procedures Act of 1974. Any person, including a trustee or issuer, who cooperates with a servicer when such cooperation is necessary for the servicer to implement the provisions of 6(n) and 6(p) of the Real Estate Settlement Procedures Act of 1974 shall be protected from liability in the same manner. (2)Standard industry practiceCompliance with 6(n) and 6(p) of the Real Estate Settlement Procedures Act of 1974 during the COVID–19 emergency shall constitute standard industry practice for purposes of all Federal and State laws.(3)DefinitionsAs used in this subsection—(A)the term servicer has the meaning given that term under section 6(i)(2) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)(2)); and(B)the term securitization vehicle has the meaning given that term under section 129A(f)(3) of the Truth in Lending Act (15 U.S.C. 1639a(f)(3)).(4)Rule of constructionNo provision of paragraph (1) or (2) shall be construed as affecting the liability of any servicer or person for actual fraud in servicing of a loan or for the violation of a State or Federal law.(i)Post-Pandemic mortgage repayment optionsSection 6 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605), as amended by subsection (d), is further amended by adding at the end the following:(p)Post-Pandemic mortgage repayment optionsWith respect to a federally related residential mortgage loan, before the end of any forbearance provided under subsection (n), servicers shall—(1)evaluate the borrower’s ability to return to making regular mortgage payments;(2)if the borrower is able to return to making regular mortgage payments at the end of the forbearance period—(A)modify the borrower’s loan to extend the term for the same period as the length of the forbearance, with all payments that were not made during the forbearance distributed at the same intervals as the borrower’s existing payment schedule and evenly distributed across those intervals, with no penalties, late fees, additional interest accrued beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract in effect at the time the borrower entered into the forbearance, and with no modification fee charged to the borrower; or(B)if the borrower elects to modify the loan to capitalize a resulting escrow shortage or deficiency, the servicer may modify the borrower’s loan by re-amortizing the principal balance and extending the term of the loan sufficient to maintain the regular mortgage payments; and(C)notify the borrower in writing of the extension, including provision of a new payment schedule and date of maturity, and that the borrower shall have the election of prepaying the suspended payments at any time, in a lump sum or otherwise;(3)if the borrower is financially unable to return to making periodic mortgage payments as provided for in the mortgage contract at the end of the COVID–19 emergency—(A)evaluate the borrower for all loan modification options, without regard to whether the borrower has previously requested, been offered, or provided a loan modification or other loss mitigation option and without any requirement that the borrower come current before such evaluation or as a condition of eligibility for such modification, including—(i)further extending the borrower’s repayment period;(ii)reducing the principal balance of the loan; or(iii)other modification or loss mitigation options available to the servicer under the terms of any investor requirements and existing laws and policies; and(B)if the borrower qualifies for such a modification, the service shall offer a loan with such terms as to provide a loan with such terms as to provide an affordable payment, with no penalties, late fees, additional interest beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract in effect at the time the borrower entered into the forbearance, and with no modification fees charged to the borrower; and(4)if a borrower is granted a forbearance on payments that would be owed pursuant to a trial loan modification plan—(A)any forbearance of payments shall not be treated as missed or delinquent payments or otherwise negatively affect the borrower's ability to complete their trial plan;(B)any past due amounts as of the end of the trial period, including unpaid interest, real estate taxes, insurance premiums, and assessments paid on the borrower’s behalf, will be added to the mortgage loan balance, but only to the extent that such charges are not fees associated with the granting of the forbearance, such as late fees, modification fees, or unpaid interest from the period of the forbearance beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract in effect at the time the borrower entered into the forbearance; and(C)if the borrower is unable to resume payments on the trial modification at the end of the forbearance period, re-evaluate the borrower for all available loan modifications under paragraph 3, without any requirement that the borrower become current before such evaluation or as a condition of eligibility for such modification..(j)Claims of affected investors and other partiesAny action asserting a taking under the Fifth Amendment to the Constitution of the United States as a result of this subsection shall be brought not later than 180 days after the end of the COVID–19 emergency.(k)Extension of the GSE PatchThe Director of the Bureau of Consumer Financial Protection shall revise section 1026.43(e)(4)(iii)(B) of title 12, Code of Federal Regulations, to extend the sunset of the special rule provided under such section 1026.43(e)(4) until January 1, 2022, or such later date as may be determined by the Bureau.(l)DefinitionsIn this section:(1)COVID–19 emergencyThe term COVID–19 emergency means the period that begins upon the date of the enactment of this Act and ends on the date of the termination by the Federal Emergency Management Agency of the emergency declared on March 13, 2020, by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019 (COVID–19) pandemic.(2)Manufactured homeThe term manufactured home has the meaning given that term under section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402). (3)Motor vehicleThe term motor vehicle has the meaning given that term under Section 1029(f) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5519(f)).(4)Residential mortgage loanThe term residential mortgage loan means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on residence consisting of a single dwelling unit that is occupied by the mortgagor.


		II
		Calendar No. 453
		112th CONGRESS
		2d Session
		S. 2018
		[Report No. 112–184]
		IN THE SENATE OF THE UNITED STATES

			December 16, 2011
			Mrs. Gillibrand (for
			 herself, Mr. Schumer,
			 Mr. Lieberman, and
			 Mr. Blumenthal) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

			July 16, 2012
			Reported by Mrs. Boxer,
			 without amendment

		A BILL
		To amend and reauthorize certain provisions relating to
		  Long Island Sound restoration and stewardship.

		1.Short titleThis Act may be cited as the
			 Long Island Sound Restoration and
			 Stewardship Act.
		2.Amendments
			(a)Long Island
			 Sound restoration programSection 119 of the Federal Water
			 Pollution Control Act (33 U.S.C. 1269) is amended—
				(1)in subsection
			 (b), by striking the subsection designation and heading and all that follows
			 through The Office shall and inserting the following:

						(b)Office
							(1)EstablishmentThe
				Administrator shall—
								(A)continue to carry
				out the conference study; and
								(B)establish an
				office, to be located on or near Long Island Sound.
								(2)Administration
				and staffingThe Office
				shall
							;
				(2)in subsection
			 (c)—
					(A)in the matter
			 preceding paragraph (1), by striking Management Conference of the Long
			 Island Sound Study and inserting conference
			 study;
					(B)in paragraph
			 (2)—
						(i)in
			 each of subparagraphs (A) through (G), by striking the commas at the end of the
			 subparagraphs and inserting semicolons;
						(ii)in
			 subparagraph (H), by striking , and and inserting a
			 semicolon;
						(iii)in subparagraph
			 (I), by striking the period at the end and inserting a semicolon; and
						(iv)by
			 adding at the end the following:

								(J)the impacts of
				changing temperatures and sea levels on the Long Island Sound watershed,
				including—
									(i)the
				identification and assessment of vulnerabilities in the watershed;
									(ii)the development
				and implementation of adaptation strategies to reduce those vulnerabilities;
				and
									(iii)the
				identification and assessment of the impacts of sea level rise on water
				quality, habitat, and infrastructure in Long Island Sound; and
									(K)planning
				initiatives for Long Island Sound that identify the areas that are most
				suitable for various types or classes of activities in order to reduce
				conflicts among uses, reduce environmental impacts, facilitate compatible uses,
				or preserve critical ecosystem services to meet economic, environmental,
				security, or social
				objectives;
								;
						(C)by striking
			 paragraph (4) and inserting the following:

							(4)develop and
				implement strategies to increase public education and awareness with respect to
				the ecological health and water quality conditions of Long Island
				Sound;
							;
					(D)in paragraph (5),
			 by inserting study after conference;
					(E)in paragraph
			 (6)—
						(i)by
			 inserting (including on the Internet) after the
			 public; and
						(ii)by
			 inserting study after conference; and
						(F)by striking
			 paragraph (7) and inserting the following:

							(7)monitor the
				progress made toward meeting the identified goals, actions, and schedules of
				the Comprehensive Conservation and Management Plan, including through the
				implementation and support of a monitoring system for the ecological health and
				water quality conditions of Long Island Sound;
				and
							;
					(3)in subsection
			 (d)(3), in the second sentence, by striking 50 per centum and
			 inserting 60 percent;
				(4)by redesignating
			 subsection (f) as subsection (i); and
				(5)by inserting
			 after subsection (e) the following:

						(f)Report
							(1)In
				generalNot later than 2 years after the date of enactment of the
				Long Island Sound Restoration and Stewardship
				Act, and biennially thereafter, the Director of the Office, in
				consultation with the Governor of each Long Island Sound State, shall submit to
				Congress a report that—
								(A)summarizes and
				assesses the progress made by the Office and the Long Island Sound States in
				implementing the Long Island Sound Comprehensive Conservation and Management
				Plan, including an assessment of the progress made toward meeting the
				performance goals and milestones contained in the Plan;
								(B)assesses the key
				ecological attributes that reflect the health of the ecosystem of the Long
				Island Sound watershed;
								(C)describes any
				substantive modifications to the Long Island Sound Comprehensive Conservation
				and Management Plan made during the 2-year period preceding the date of
				submission of the report;
								(D)provides specific
				recommendations to improve progress in restoring and protecting the Long Island
				Sound watershed, including, as appropriate, proposed modifications to the Long
				Island Sound Comprehensive Conservation and Management Plan;
								(E)identifies
				priority actions for implementation of the Long Island Sound Comprehensive
				Conservation and Management Plan for the 2-year period following the date of
				submission of the report; and
								(F)describes the
				means by which Federal funding and actions will be coordinated with the actions
				of the Long Island Sound States and other entities.
								(2)Public
				availabilityThe Administrator shall make the report described in
				paragraph (1) available to the public, including on the Internet.
							(g)Annual budget
				planThe President shall submit, together with the annual budget
				of the United States Government submitted under section 1105(a) of title 31,
				United States Code, information regarding each Federal department and agency
				involved in the protection and restoration of the Long Island Sound watershed,
				including—
							(1)an interagency
				crosscut budget that displays for each department and agency—
								(A)the amount
				obligated during the preceding fiscal year for protection and restoration
				projects and studies relating to the watershed;
								(B)the estimated
				budget for the current fiscal year for protection and restoration projects and
				studies relating to the watershed; and
								(C)the proposed
				budget for succeeding fiscal years for protection and restoration projects and
				studies relating to the watershed; and
								(2)a summary of any
				proposed modifications to the Long Island Sound Comprehensive Conservation and
				Management Plan for the following fiscal year.
							(h)Federal
				entities
							(1)CoordinationThe
				Administrator shall coordinate the actions of all Federal departments and
				agencies that impact water quality in the Long Island Sound watershed in order
				to improve the water quality and living resources of the watershed.
							(2)MethodsIn
				carrying out this section, the Administrator, acting through the Director of
				the Office, may—
								(A)enter into
				interagency agreements; and
								(B)make
				intergovernmental personnel appointments.
								(3)Federal
				participation in watershed planningA Federal department or
				agency that owns or occupies real property, or carries out activities, within
				the Long Island Sound watershed shall participate in regional and subwatershed
				planning, protection, and restoration activities with respect to the
				watershed.
							(4)Consistency
				with comprehensive conservation and management planTo the
				maximum extent practicable, the head of each Federal department and agency that
				owns or occupies real property, or carries out activities, within the Long
				Island Sound watershed shall ensure that the property and all activities
				carried out by the department or agency are consistent with the Long Island
				Sound Comprehensive Conservation and Management Plan (including any related
				subsequent agreements and
				plans).
							.
				(b)Long Island
			 Sound stewardship program
				(1)Long Island
			 Sound Stewardship Advisory CommitteeSection 8 of the Long Island
			 Sound Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109–359) is
			 amended—
					(A)in subsection
			 (g), by striking 2011 and inserting 2016;
			 and
					(B)by adding at
			 the end the following:

							(h)Nonapplicability
				of FACAThe Federal Advisory
				Committee Act (5 U.S.C. App.) shall not apply to—
								(1)the Advisory Committee; or
								(2)any board, committee, or other group
				established under this
				Act.
								.
					(2)ReportsSection
			 9(b)(1) of the Long Island Sound Stewardship Act of 2006 (33 U.S.C. 1269 note;
			 Public Law 109–359) is amended in the matter preceding subparagraph (A) by
			 striking 2011 and inserting 2016.
				(3)AuthorizationSection
			 11 of the Long Island Sound Stewardship Act of 2006 (33 U.S.C. 1269 note;
			 Public Law 109–359) is amended—
					(A)by striking
			 subsection (a);
					(B)by
			 redesignating subsections (b) through (d) as subsections (a) through (c),
			 respectively; and
					(C)in subsection
			 (a) (as so redesignated), by striking under this section each
			 and inserting to carry out this Act for a.
					(4)Effective
			 dateThe amendments made by this subsection take effect on
			 October 1, 2011.
				3.Reauthorization
			(a)In
			 generalThere are authorized
			 to be appropriated to the Administrator of the Environmental Protection Agency
			 such sums as are necessary for each of fiscal years 2012 through 2016 for the
			 implementation of—
				(1)section 119 of the Federal Water Pollution
			 Control Act (33 U.S.C. 1269), other than subsection (d) of that section;
			 and
				(2)the Long Island Sound Stewardship Act of
			 2006 (33 U.S.C. 1269 note; Public Law 109–359).
				(b)Long Island
			 Sound grantsThere is authorized to be appropriated to the
			 Administrator of the Environmental Protection Agency to carry out subsection
			 (d) of section 119 of the Federal Water Pollution Control Act (33 U.S.C. 1269)
			 $40,000,000 for each of fiscal years 2012 through 2016.
			(c)Long Island
			 Sound stewardship grantsThere is authorized to be appropriated
			 to the Administrator of the Environmental Protection Agency to carry out the
			 Long Island Sound Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law
			 109–359) $25,000,000 for each of fiscal years 2012 through 2016.

		July 16, 2012
		Reported without amendment


115 HR 3862 IH: National Health Service Corps Strengthening Act of 2017
U.S. House of Representatives
2017-09-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 3862IN THE HOUSE OF REPRESENTATIVESSeptember 28, 2017Mr. Butterfield (for himself, Mr. Stewart, and Mr. Ben Ray Luján of New Mexico) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Public Health Service Act to extend funding for the National Health Service Corps
			 program.

 1.Short titleThis Act may be cited as the National Health Service Corps Strengthening Act of 2017. 2.FindingsThe Congress finds as follows:
 (1)The National Health Service Corps (NHSC) program provides scholarships and loan repayment for primary care providers serving in designated shortage areas of the country.
 (2)The NHSC program has proven to be an effective and cost-efficient program that enables providers to both choose primary care practice and serve in a shortage area of the country.
 (3)Since its founding 45 years ago, more than 50,000 providers have participated in the NHSC program. (4)Today, more than 11 million people receive access to primary medical, dental, and mental health services from a NHSC provider.
 (5)However, more than 66 million people live in designated primary care shortage areas of the country. Additionally, more than 51 million live in dental health shortage areas, and more than 106 million live in mental and behavioral health shortage areas.
 (6)A modest expansion of the NHSC through 2022 would enable nearly 5 million additional people to receive primary care through a NHSC-supported provider.
 (7)A 5-year extension of the funding for the NHSC is critical to preserve access to care for millions of underserved people.
 (8)For these reasons, it is vital to extend and strengthen the NHSC program for fiscal year 2018 and beyond.
 3.Extension of funding for the national health service corps programParagraph (2) of section 10503(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2(b)) is amended—
 (1)in subparagraph (D), by striking and at the end; and (2)in subparagraph (E), by striking the period at the end and inserting ; and; and
 (3)by adding at the end the following:  (F)$320,000,000 for fiscal year 2018;
 (G)$330,000,000 for fiscal year 2019; (H)$340,000,000 for fiscal year 2020;
 (I)$350,000,000 for fiscal year 2021; and (J)$360,000,000 for fiscal year 2022..


113 HR 560 IH: Rio Grande del Norte National Conservation Area Establishment Act
U.S. House of Representatives
2013-02-06
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.

		I
		113th CONGRESS
		1st Session
		H. R. 560
		IN THE HOUSE OF REPRESENTATIVES

			February 6, 2013
			Mr. Ben Ray Luján of New
			 Mexico introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To establish the Rio Grande del Norte National
		  Conservation Area in the State of New Mexico, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Rio Grande del Norte National
			 Conservation Area Establishment Act.
		2.DefinitionsIn this Act:
			(1)Conservation
			 areaThe term Conservation Area means the Rio Grande
			 del Norte National Conservation Area established by section 3(a)(1).
			(2)Land grant
			 communityThe term land grant community means a
			 member of the Board of Trustees of confirmed or nonconfirmed community land
			 grants within the Conservation Area.
			(3)Management
			 planThe term management plan means the management
			 plan for the Conservation Area developed under section 3(d).
			(4)MapThe
			 term map means the map entitled Rio Grande del Norte
			 National Conservation Area and dated November 4, 2009.
			(5)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(6)StateThe
			 term State means the State of New Mexico.
			3.Establishment of
			 national conservation area
			(a)Establishment
				(1)In
			 generalThere is established the Rio Grande del Norte National
			 Conservation Area in the State.
				(2)Area
			 includedThe Conservation Area shall consist of approximately
			 235,980 acres of public land in Taos and Rio Arriba counties in the State, as
			 generally depicted on the map.
				(b)PurposesThe
			 purposes of the Conservation Area are to conserve, protect, and enhance for the
			 benefit and enjoyment of present and future generations the cultural,
			 traditional, archaeological, natural, ecological, geological, historical,
			 wildlife, educational, recreational, and scenic resources of the Conservation
			 Area.
			(c)Management
				(1)In
			 generalThe Secretary shall manage the Conservation Area—
					(A)in a manner that
			 conserves, protects, and enhances the resources of the Conservation Area;
			 and
					(B)in accordance
			 with—
						(i)the
			 Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
						(ii)this Act;
			 and
						(iii)any other
			 applicable laws.
						(2)Uses
					(A)In
			 generalThe Secretary shall allow only such uses of the
			 Conservation Area that the Secretary determines would further the purposes
			 described in subsection (b).
					(B)Use of motorized
			 vehicles
						(i)In
			 generalExcept as needed for administrative purposes or to
			 respond to an emergency, the use of motorized vehicles in the Conservation Area
			 shall be permitted only on roads designated for use by motorized vehicles in
			 the management plan.
						(ii)New
			 roadsNo additional road shall be built within the Conservation
			 Area after the date of enactment of this Act unless the road is needed for
			 public safety or natural resource protection.
						(C)GrazingThe
			 Secretary shall permit grazing within the Conservation Area, where established
			 before the date of enactment of this Act—
						(i)subject to all
			 applicable laws (including regulations) and Executive orders; and
						(ii)consistent with
			 the purposes described in subsection (b).
						(D)Collection of
			 piÑon nuts, firewood, medicinal plants and herbsNothing in this
			 section precludes the traditional collection of firewood, medicinal plants and
			 herbs, and piñon nuts in the Conservation Area for noncommercial personal
			 use—
						(i)in
			 accordance with any applicable laws; and
						(ii)subject to such
			 terms and conditions as the Secretary determines to be appropriate.
						(E)Utility
			 right-of-way upgradesNothing in this section precludes the
			 Secretary from renewing or authorizing the upgrading (including widening) of an
			 existing utility right-of-way through the Conservation Area in a manner that
			 minimizes harm to the purposes of the Conservation Area described in subsection
			 (b)—
						(i)in
			 accordance with—
							(I)the National
			 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
							(II)any other
			 applicable law; and
							(ii)subject to such
			 terms and conditions as the Secretary determines to be appropriate.
						(F)Tribal cultural
			 uses
						(i)AccessThe
			 Secretary shall, in consultation with Indian tribes or pueblos—
							(I)ensure the
			 protection of religious and cultural sites in the Conservation Area; and
							(II)provide access to
			 the sites by members of Indian tribes or pueblos for traditional cultural and
			 customary uses, consistent with Public Law 95–341 (commonly known as the
			 American Indian Religious Freedom Act) (42 U.S.C. 1996).
							(ii)Temporary
			 closuresIn accordance with Public Law 95–341 (commonly known as
			 the American Indian Religious Freedom Act) (42 U.S.C. 1996), the
			 Secretary, on request of an Indian tribe or pueblo, may temporarily close to
			 general public use one or more specific areas of the Conservation Area in order
			 to protect traditional cultural and customary uses in those areas by members of
			 the Indian tribe or the pueblo.
						(d)Management
			 plan
				(1)In
			 generalNot later than 3 years after the date of enactment of
			 this Act, the Secretary shall develop a management plan for the Conservation
			 Area.
				(2)Other
			 plansTo the extent consistent with this Act, the plan may
			 incorporate in the management plan the Rio Grande Corridor Management Plan in
			 effect on the date of enactment of this Act.
				(3)ConsultationThe
			 management plan shall be developed in consultation with—
					(A)State and local
			 governments;
					(B)tribal
			 governmental entities;
					(C)land grant
			 communities; and
					(D)the public.
					(4)ConsiderationsIn
			 preparing and implementing the management plan, the Secretary shall consider
			 the recommendations of Indian tribes and pueblos on methods for—
					(A)ensuring access to
			 religious and cultural sites;
					(B)enhancing the
			 privacy and continuity of traditional cultural and religious activities in the
			 Conservation Area; and
					(C)protecting
			 traditional cultural and religious sites in the Conservation Area.
					(e)Incorporation of
			 acquired land and interests in landAny land that is within the
			 boundary of the Conservation Area that is acquired by the United States
			 shall—
				(1)become part of the
			 Conservation Area; and
				(2)be managed in
			 accordance with—
					(A)this Act;
			 and
					(B)any other
			 applicable laws.
					(f)Special
			 management areas
				(1)In
			 generalThe establishment of the Conservation Area shall not
			 change the management status of any area within the boundary of the
			 Conservation Area that is—
					(A)designated as a
			 component of the National Wild and Scenic Rivers System under the Wild and
			 Scenic Rivers Act (16 U.S.C. 1271 et seq.); or
					(B)managed as an area
			 of critical environmental concern.
					(2)Conflict of
			 lawsIf there is a conflict between the laws applicable to the
			 areas described in paragraph (1) and this Act, the more restrictive provision
			 shall control.
				4.Designation of
			 wilderness areas
			(a)In
			 generalIn accordance with the Wilderness Act (16 U.S.C. 1131 et
			 seq.), the following areas in the Conservation Area are designated as
			 wilderness and as components of the National Wilderness Preservation
			 System:
				(1)Cerro del yuta
			 wildernessCertain land administered by the Bureau of Land
			 Management in Taos County, New Mexico, comprising approximately 13,420 acres as
			 generally depicted on the map, which shall be known as the Cerro del
			 Yuta Wilderness.
				(2)Rio San Antonio
			 WildernessCertain land administered by the Bureau of Land
			 Management in Rio Arriba County, New Mexico, comprising approximately 8,000
			 acres, as generally depicted on the map, which shall be known as the Rio
			 San Antonio Wilderness.
				(b)Management of
			 wilderness areasSubject to valid existing rights, the wilderness
			 areas designated by subsection (a) shall be administered in accordance with the
			 Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that with respect
			 to the wilderness areas designated by this Act—
				(1)any reference to
			 the effective date of the Wilderness Act shall be considered to be a reference
			 to the date of enactment of this Act; and
				(2)any reference in
			 the Wilderness Act to the Secretary of Agriculture shall be considered to be a
			 reference to the Secretary.
				(c)Incorporation of
			 acquired land and interests in landAny land or interest in land
			 within the boundary of the wilderness areas designated by subsection (a) that
			 is acquired by the United States shall—
				(1)become part of the
			 wilderness area in which the land is located; and
				(2)be managed in
			 accordance with—
					(A)the Wilderness Act
			 (16 U.S.C. 1131 et seq.);
					(B)this Act;
			 and
					(C)any other
			 applicable laws.
					(d)GrazingGrazing
			 of livestock in the wilderness areas designated by subsection (a), where
			 established before the date of enactment of this Act, shall be administered in
			 accordance with—
				(1)section 4(d)(4) of
			 the Wilderness Act (16 U.S.C. 1133(d)(4)); and
				(2)the guidelines set
			 forth in appendix A of the Report of the Committee on Interior and Insular
			 Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405).
				(e)Buffer
			 zones
				(1)In
			 generalNothing in this section creates a protective perimeter or
			 buffer zone around any wilderness area designated by subsection (a).
				(2)Activities
			 outside wilderness areasThe fact that an activity or use on land
			 outside any wilderness area designated by subsection (a) can be seen or heard
			 within the wilderness area shall not preclude the activity or use outside the
			 boundary of the wilderness area.
				(f)Release of
			 wilderness study areasCongress finds that, for purposes of
			 section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
			 1782(c)), the public land within the San Antonio Wilderness Study Area not
			 designated as wilderness by this section—
				(1)has been
			 adequately studied for wilderness designation;
				(2)is no longer
			 subject to section 603(c) of the Federal Land Policy and Management Act of 1976
			 (43 U.S.C. 1782(c)); and
				(3)shall be managed
			 in accordance with this Act.
				5.General
			 provisions
			(a)Maps and legal
			 descriptions
				(1)In
			 generalAs soon as practicable after the date of enactment of
			 this Act, the Secretary shall file the map and legal descriptions of the
			 Conservation Area and the wilderness areas designated by section 4(a)
			 with—
					(A)the Committee on
			 Energy and Natural Resources of the Senate; and
					(B)the Committee on
			 Natural Resources of the House of Representatives.
					(2)Force of
			 lawThe map and legal descriptions filed under paragraph (1)
			 shall have the same force and effect as if included in this Act, except that
			 the Secretary may correct errors in the legal description and map.
				(3)Public
			 availabilityThe map and legal descriptions filed under paragraph
			 (1) shall be on file and available for public inspection in the appropriate
			 offices of the Bureau of Land Management.
				(b)National
			 landscape conservation systemThe Conservation Area and the
			 wilderness areas designated by section 4(a) shall be administered as components
			 of the National Landscape Conservation System.
			(c)Fish and
			 wildlifeNothing in this Act affects the jurisdiction of the
			 State with respect to fish and wildlife located on public land in the State,
			 except that the Secretary, after consultation with the New Mexico Department of
			 Game and Fish, may designate zones where, and establishing periods when,
			 hunting shall not be allowed for reasons of public safety, administration, or
			 public use and enjoyment.
			(d)WithdrawalsSubject
			 to valid existing rights, any Federal land within the Conservation Area and the
			 wilderness areas designated by section 4(a), including any land or interest in
			 land that is acquired by the United States after the date of enactment of this
			 Act, is withdrawn from—
				(1)entry,
			 appropriation, or disposal under the public land laws;
				(2)location, entry,
			 and patent under the mining laws; and
				(3)operation of the
			 mineral leasing, mineral materials, and geothermal leasing laws.
				(e)Treaty
			 rightsNothing in this Act enlarges, diminishes, or otherwise
			 modifies any treaty rights.


116 HR 2081 IH: Chronic Wasting Disease Research Act
U.S. House of Representatives
2019-04-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2081IN THE HOUSE OF REPRESENTATIVESApril 4, 2019Mr. Thompson of Pennsylvania (for himself, Mr. Vela, Mr. Joyce of Pennsylvania, and Mr. Cuellar) introduced the following bill; which was referred to the Committee on AgricultureA BILLTo amend the Animal Health Protection Act to establish a grant program for research on chronic
			 wasting disease, and for other purposes.

 1.Short titleThis Act may be cited as the Chronic Wasting Disease Research Act. 2.Chronic wasting disease research grant program (a)In generalThe Animal Health Protection Act is amended by inserting after section 10409A (7 U.S.C. 8308a) the following:

					10409B.Chronic wasting disease research grant program
 (a)FindingsCongress finds that— (1)a focus on research into the transmission of, resistance to, and epidemiology of chronic wasting disease is needed to inform future policies to combat the disease and ensure the health of cervid populations;
 (2)because States have diverse policies for addressing chronic wasting disease, the Federal Government should coordinate financial and technical support to States, State departments of agriculture, institutions of higher education, and research centers conducting scientific research on chronic wasting disease;
 (3)under current policies, chronic wasting disease remains a systemic threat to cervids; and (4)scientific advances that lead to the ability to stop transmission of chronic wasting disease are needed to ensure the long-term viability of cervids.
 (b)DefinitionsIn this section: (1)Chronic wasting diseaseThe term chronic wasting disease means the animal disease afflicting deer, elk, and moose populations that—
 (A)is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and (B)belongs to the group of diseases known as transmissible spongiform encephalopathies, which includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob disease.
 (2)Eligible entityThe term eligible entity means— (A)a State department of agriculture;
 (B)a Tribal research facility; (C)a Tribal department of agriculture;
 (D)an institution of higher education (as defined in section 101 of the Higher Education Act (20 U.S.C. 1001)); and
 (E)a research center conducting scientific research on chronic wasting disease. (c)Grant program (1)In generalNot later than 90 days after the date of enactment of this section, the Secretary shall establish a program under which the Secretary shall award grants on a competitive basis to eligible entities to conduct research on the transmission of, resistance to, and diagnosis of chronic wasting disease.
 (2)Criteria for selectionIn awarding grants under paragraph (1), the Secretary shall give priority to eligible entities that shall conduct research relating to—
 (A)methods and products— (i)to effectively detect infectious chronic wasting disease prions in live cervids, the environment, and inorganic surfaces; and
 (ii)to decontaminate those infectious prions; (B)the long-term suppression or eradication of chronic wasting disease; or
 (C)determination markers for genetic resistance to chronic wasting disease and strategies for using genetic resistance to combat the spread of the disease.
								(3)Number of grant recipients
 (A)In generalTo the maximum extent practicable, subject to subparagraph (B), the Secretary shall select not fewer than 5 and not more than 10 eligible entities to receive grants under paragraph (1).
 (B)ExceptionThe Secretary may award grants under paragraph (1) to fewer than 5 eligible entities if not more than 5 eligible entities have submitted applications for a grant.
 (4)Administrative costs by eligible entitiesNot greater than 15 percent of the amount of a grant awarded under paragraph (1) may be used by an eligible entity for administrative costs incurred by the eligible entity in carrying out the research described in that paragraph.
							(d)Authorization of appropriations
 (1)In generalThere is authorized to be appropriated to the Secretary to carry out this section $15,000,000 for fiscal year 2020 and each fiscal year thereafter, to remain available until expended.
 (2)Administrative costsThe Secretary may use not greater than 3 percent of the funds made available under paragraph (1) for administrative costs incurred by the Secretary in carrying out this section.
 (e)EffectNothing in this section shall interfere with or otherwise affect the authority of the Federal Government or States to manage wildlife and livestock, including managing, surveying, and monitoring the incidence of chronic wasting disease..
 (b)Technical amendmentSection 10403(8) of the Animal Health Protection Act (7 U.S.C. 8302(8)) is amended by striking (25 U.S.C. 450b) and inserting (25 U.S.C. 5304).


110 HRES 843 EH: Mourning the passing of Congressman Henry J. Hyde and celebrating his leadership and service to the people of Illinois and the United States of America.
U.S. House of Representatives
2007-12-17
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.

IV
110th CONGRESS
1st Session
H. RES. 843
In the House of Representatives, U. S.,

December 17, 2007

RESOLUTION
Mourning the passing of Congressman Henry J. Hyde and celebrating his leadership and service to the people of Illinois and the United States of America.

Whereas all Members of Congress affect the history of the United States, but Congressman Henry J. Hyde leaves a legacy as one of the most principled and influential public servants of his generation that will endure for many years;
Whereas millions of men and women across America mourn the death of the distinguished former Congressman from Illinois;
Whereas Henry J. Hyde, upon his graduation from high school, earned a scholarship to play basketball at Georgetown University, and participated in the 1942 NCAA national championship basketball tournament;
Whereas Henry J. Hyde served valorously in the United States Navy from 1944 to 1946 in the South Pacific, New Guinea, and the Lingayen Gulf and continued to serve in the Naval Reserve until 1968;
Whereas Henry J. Hyde returned to the United States from active duty in 1946, graduated a year later with a bachelor of arts degree, and went on to earn a law degree from Loyola University Law School in 1950;
Whereas Henry J. Hyde served in the Illinois House of Representatives from 1967 to 1974;
Whereas Henry J. Hyde was elected to serve Illinois's 6th Congressional District in the United States House of Representatives in 1974;
Whereas Henry J. Hyde will be remembered for his impassioned opposition to abortion, and the Hyde Amendment, which banned the federal funding of abortion;
Whereas Henry J. Hyde was named chairman of the Committee on the Judiciary in 1995 and played a vital role in the passage of key elements of the Contract with America, and as a skilled lawyer and someone who loved the practice of law, he understood and respected the rule of law as an essential part of American democracy;
Whereas Henry J. Hyde was instrumental in the early 1980s reauthorization of the Voting Rights Act of 1965, and known for initiatives including the Family and Medical Leave Act, nutrition programs for women, infants, and children, Federal standards for collection of child support, and landmark patent, copyright, and trademark reform legislation;
Whereas Henry J. Hyde was named chairman of the Committee on International Relations in 2001 and worked across the political divide to successfully enact legislation to address the burgeoning international HIV/AIDS crisis, and also succeeded in enacting landmark foreign assistance legislation, including the creation of the Millennium Challenge Corporation, and the expansion of United States funding for microenterprise initiatives aimed at helping the poor and vulnerable;
Whereas during his long distinguished career, Henry J. Hyde played an integral role in debates over United States-Soviet relations, Central America policy, the War Powers Act, the Taiwan Relations Act, NATO expansion, and the investigation of the Iran-Contra affair;
Whereas Henry J. Hyde highly respected the institutional integrity of the House of Representatives, and was a forceful advocate for maintaining the dignity of the House and for recognizing the sacrifices and struggles Members make while in its service;
Whereas in 2006, Henry J. Hyde retired from the House of Representatives, where he maintained ties of bipartisan civility throughout the more than 3 decades of dedicated service;
Whereas Henry J. Hyde was awarded the Nation's highest civilian honor, the Presidential Medal of Freedom, on November 5, 2007, for tirelessly championing the weak and forgotten and working to build a more hopeful America; and
Whereas Henry J. Hyde has been characterized as a statesman, a constitutional scholar, a person with sharp wit and a keen sense of history, a passionate orator, a compassionate man, and a person with a distinguished career who has left an indelible mark on the legacy of the United States House of Representatives: Now, therefore, be it

That the House of Representatives—
(1)expresses its appreciation for the profound dedication and public service of Congressman Henry J. Hyde;
(2)notes that he was preceded in death by his late wife Jeanne Simpson and his son, Henry Hank Hyde;
(3)tenders its deep sympathy to his wife, Judy Wolverton, to his children, Robert, Laura, and Anthony, and to the entire family of the former Member of Congress and staff;
(4)directs that the eulogies offered concerning the life of the Honorable Henry J. Hyde, former Representative from the State of Illinois, be bound and printed as a House document; and
(5)directs the Clerk of the House to transmit a copy of this resolution to the family of Congressman Henry J. Hyde.

Lorraine C. Miller,Clerk.


116 HR 6344 IH: Expediting the EIDL Program Act of 2020
U.S. House of Representatives
2020-03-23
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.

I116th CONGRESS2d SessionH. R. 6344IN THE HOUSE OF REPRESENTATIVESMarch 23, 2020Mr. Evans introduced the following bill; which was referred to the Committee on Small BusinessA BILLTo modify the economic injury disaster loan of the Small Business Administration in response to COVID–19, and for other purposes.1.Short titleThis Act may be cited as the Expediting the EIDL Program Act of 2020.2.Economic injury disaster loans(a)TermsWith respect to a loan made under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) in response to COVID–19, the Administrator of the Small Business Administration—(1)may make such a loan to a start-up small business concern;(2)may waive any rules related to affiliation; and(3)shall, with respect to such a loan made to a cooperative, waive any requirement that the borrower of such loan provide a personal guarantee to repay such loan.(b)Preliminary amounts(1)In generalAn applicant for a loan under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) in response to COVID–19 may request that the Administrator provide an advance in the amount requested by such applicant (not to exceed $10,000) to such applicant within 3 days after the Administrator receives an application from such applicant.(2)VerificationBefore disbursing amounts under this subsection, the Administrator shall verify that the applicant is a small business concern (as defined under section 3 of such Act (15 U.S.C. 632)).(3)RepaymentAn applicant that is subsequently denied a loan under such section 7(b)(2) shall not be required to repay any amounts of an advance provided under this subsection.(c)Approval and ability To repay for small dollar loansWith respect to a loan made under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) in response to COVID–19 that does not exceed $350,000, the Administrator—(1)may approve an applicant based solely on the credit score of the applicant and shall not require an applicant to submit a tax return or a tax return transcript for such approval; or(2)use alternative appropriate methods to determine an applicant’s ability to repay.(d)Emergencies involving federal primary responsibility qualifying for small business administration assistanceSection 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) is amended—(1)in subparagraph (A), by striking or at the end;(2)in subparagraph (B), by striking or at the end;(3)in subparagraph (C), by striking or at the end;(4)by redesignating subparagraph (D) as subparagraph (E);(5)by inserting after subparagraph (C) the following:(D)an emergency involving Federal primary responsibility determined to exist by the President under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)); or;(6)in subparagraph (E), as so redesignated—(A)by striking or (C) and inserting (C), or (D);(B)by striking disaster declaration each place it appears and inserting disaster or emergency declaration;(C)by striking disaster has occurred and inserting disaster or emergency has occurred;(D)by striking such disaster and inserting such disaster or emergency; and(E)by striking disaster stricken and inserting disaster- or emergency-stricken; and(7)in the flush matter following subparagraph (E) (as so redesignated), by striking the period at the end and inserting the following: : Provided further, That for purposes of subparagraph (D), the Administrator shall deem that such an emergency affects each State or subdivision thereof (including counties), and that each State or subdivision has sufficient economic damage to small business concerns to qualify for assistance under this paragraph and the Administrator shall accept applications for such assistance immediately.(e)Credit elsewhere requirementsThe flush matter following subparagraph (E) (as so redesignated) of section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) is amended by striking That no loan or guarantee and all that follows through credit elsewhere. and inserting the following: The interest rate on a loan or guarantee made under this paragraph shall be not more than 2 percent, if the Administrator determines the applicant is not able to obtain credit elsewhere, or not more than 4 percent, if the Administrator determines the applicant is able to obtain credit elsewhere..(f)EligibilitySection 7(b)(2) of the Small Business Act is amended by striking small agricultural cooperative and inserting small cooperative.(g)Additional amounts(1)In generalThe Administrator of the Small Business Administration may increase by 20 percent the amount received by an eligible small business concern under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) to cover continuity-of-operations and risk mitigation improvements, including telework capability, offsite record keeping, redundancy, the administrative costs of establishing paid sick leave, and presenteeism prevention. (2)DefinitionIn this section, the term eligible small business concern means a small business concern that—(A)meets the applicable size standard established under section 3 of the Small Business Act (15 U.S.C. 632); and(B)is receiving assistance under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) related to COVID–19.(h)Authorization of appropriationsThere is authorized to be appropriated to the Administrator to carry out the loan program under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2))—(1)$177,000,000 for administration costs; and(2)$1,000,000,000 to provide loans or other assistance.


		II
		110th CONGRESS
		2d Session
		S. 3187
		IN THE SENATE OF THE UNITED STATES

			June 25, 2008
			Mr. Hagel (for himself
			 and Mrs. Feinstein) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To establish a comprehensive interagency response to
		  reduce lung cancer mortality in a timely manner.

		1.Short
			 titleThis Act may be cited as
			 the Lung Cancer Mortality Reduction
			 Act of 2008.
		2.FindingsCongress makes the following
			 findings:
			(1)Lung cancer is
			 the leading cause of cancer death for both men and women, accounting for 28
			 percent of all cancer deaths.
			(2)Lung cancer kills
			 more people annually than breast cancer, prostate cancer, colon cancer, liver
			 cancer, melanoma, and kidney cancer combined.
			(3)Since the
			 National Cancer Act of 1971 (Public Law 92–218; 85 Stat. 778), coordinated and
			 comprehensive research has raised the 5-year survival rates for breast cancer
			 to 88 percent, for prostate cancer to 99 percent, and for colon cancer to 64
			 percent.
			(4)However, the
			 5-year survival rate for lung cancer is still only 15 percent and a similar
			 coordinated and comprehensive research effort is required to achieve increases
			 in lung cancer survivability rates.
			(5)Sixty percent of
			 lung cancer cases are now diagnosed as nonsmokers or former smokers.
			(6)Two-thirds of
			 nonsmokers diagnosed with lung cancer are women.
			(7)Certain minority
			 populations, such as African-American males, have disproportionately high rates
			 of lung cancer incidence and mortality, notwithstanding their similar smoking
			 rate.
			(8)Members of the
			 baby boomer generation are entering their sixties, the most common age at which
			 people develop lung cancer.
			(9)Tobacco addiction
			 and exposure to other lung cancer carcinogens such as Agent Orange and other
			 herbicides and battlefield emissions are serious problems among military
			 personnel and war veterans.
			(10)Significant and
			 rapid improvements in lung cancer mortality can be expected through greater use
			 and access to lung cancer screening tests for at-risk individuals.
			(11)Additional
			 strategies are necessary to further enhance the existing tests and therapies
			 available to diagnose and treat lung cancer in the future.
			(12)The August 2001
			 Report of the Lung Cancer Progress Review Group of the National Cancer
			 Institute stated that funding for lung cancer research was far below the
			 levels characterized for other common malignancies and far out of proportion to
			 its massive health impact.
			(13)The Report of
			 the Lung Cancer Progress Review Group identified as its highest
			 priority the creation of integrated, multidisciplinary,
			 multi-institutional research consortia organized around the problem of lung
			 cancer rather than around specific research disciplines.
			(14)The United
			 States must enhance its response to the issues raised in the Report of the Lung
			 Cancer Progress Review Group, and this can be accomplished through the
			 establishment of a coordinated effort designed to reduce the lung cancer
			 mortality rate by 50 percent by 2015 and targeted funding to support this
			 coordinated effort.
			3.Sense of the
			 Senate concerning investment in lung cancer researchIt is the sense of the Senate that—
			(1)lung cancer mortality reduction should be
			 made a national public health priority; and
			(2)a comprehensive mortality reduction program
			 coordinated by the Secretary of Health and Human Service is justified and
			 necessary to adequately address and reduce lung cancer mortality.
			4.Lung cancer
			 mortality reduction program
			(a)In
			 generalSubpart 1 of part C
			 of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended
			 by adding at the end the following:

					417E.Lung cancer
				mortality reduction program
						(a)In
				generalNot later than 6 months after the date of enactment of
				the Lung Cancer Mortality Reduction Act of
				2008, the Secretary, in consultation with the Secretary of
				Defense, the Secretary of Veterans Affairs, the Director of the National
				Institutes of Health, the Director of the Centers for Disease Control and
				Prevention, the Administrator of the Food and Drug Administration, the Director
				of the Centers for Medicare & Medicaid Services, the Director of the
				National Center on Minority Health and Health Disparities, and other members of
				the Lung Cancer Advisory Board established under section 6 of the
				Lung Cancer Mortality Reduction Act of
				2008, shall implement a comprehensive program to achieve a 50
				percent reduction in the mortality rate of lung cancer by 2015.
						(b)RequirementsThe
				program implemented under subsection (a) shall include at least the
				following:
							(1)With respect to
				the National Institutes of Health—
								(A)a strategic
				review and prioritization by the National Cancer Institute of research grants
				to achieve the goal of the program in reducing lung cancer mortality;
								(B)the provision of
				funds to enable the Airway Biology and Disease Branch of the National Heart,
				Lung and Blood Institute to expand its research programs to include
				predispositions to lung cancer, the interrelationship between lung cancer and
				other pulmonary and cardiac disease, and the diagnosis and treatment of these
				interrelationships;
								(C)the provision of
				funds to enable the National Institute of Biomedical Imaging and Bioengineering
				to expand its Quantum Grant Program and Image-Guided Interventions programs to
				expedite the development of computer assisted diagnostic, surgical, treatment
				and drug testing innovations to reduce lung cancer mortality; and
								(D)the provision of
				funds to enable the National Institute for Environmental Health Sciences to
				implement research programs relative to lung cancer incidence.
								(2)With respect to
				the Food and Drug Administration—
								(A)the establishment
				of a lung cancer mortality reduction drug program under subtitle G of chapter V
				of the Federal Food, Drug, and Cosmetic Act; and
								(B)compassionate
				access activities under section 561 of the Federal Food, Drug, and Cosmetic Act
				(21 U.S.C. 360bbb).
								(3)With respect to
				the Centers for Disease Control and Prevention, the establishment of a lung
				cancer mortality reduction program under section 1511.
							(4)With respect to
				the Agency for Healthcare Research and Quality, the conduct of a biannual
				review of lung cancer screening, diagnostic and treatment protocols, and the
				issuance of updated guidelines.
							(5)The cooperation
				and coordination of all minority and health disparity programs within the
				Department of Health and Human Services to ensure that all aspects of the Lung
				Cancer Mortality Reduction Program adequately address the burden of lung cancer
				on minority and rural populations.
							(6)The cooperation
				and coordination of all tobacco control and cessation programs within agencies
				of the Department of Health and Human Services to achieve the goals of the Lung
				Cancer Mortality Reduction Program with particular emphasis on the coordination
				of drug and other cessation treatments with early detection protocols.
							(c)Authorization
				of appropriationsThere is authorized to be appropriated to carry
				out this section—
							(1)$25,000,000 for
				fiscal year 2009 for the activities described in subsection (b)(1)(B), and such
				sums as may be necessary for each of fiscal years 2010 through 2013;
							(2)$25,000,000 for
				fiscal year 2009 for the activities described in subsection (b)(1)(C), and such
				sums as may be necessary for each of fiscal years 2010 through 2013;
							(3)$10,000,000 for
				fiscal year 2009 for the activities described in subsection (b)(1)(D), and such
				sums as may be necessary for each of fiscal years 2010 through 2013; and
							(4)$15,000,000 for
				fiscal year 2009 for the activities described in subsection (b)(3), and such
				sums as may be necessary for each of fiscal years 2010 through
				2013.
							.
			(b)Food, Drug, and
			 Cosmetic ActChapter V of the Federal Food, Drug, and Cosmetic
			 Act (21 U.S.C. 351 et seq.) is amended by adding at the end the
			 following:

					GLung cancer
				mortality reduction programs
						581.Lung cancer
				mortality reduction program
							(a)In
				generalThe Secretary shall implement a program to provide
				incentives of the type provided for in subchapter B of this chapter for the
				development of chemoprevention drugs for precancerous conditions of the lung,
				drugs for targeted therapeutic treatments and vaccines for lung cancer, and new
				agents to curtail or prevent nicotine addiction. The Secretary shall model the
				program implemented under this section on the program provided for under
				subchapter B of this chapter with respect certain drugs.
							(b)Application of
				provisionsThe Secretary shall apply the provisions of subchapter
				B of this chapter to drugs, biological products, and devices for the prevention
				or treatment of lung cancer, including drugs, biological products, and devices
				for chemoprevention of precancerous conditions of the lungs, vaccination
				against the development of lung cancer and therapeutic treatment for lung
				cancer.
							(c)BoardThe
				Board established under section 6 of the Lung
				Cancer Mortality Reduction Act of 2008 shall monitor the program
				implemented under this
				section.
							.
			(c)Access to
			 unapproved therapiesSection 561(e) of the Federal Food, Drug,
			 and Cosmetic Act (21 U.S.C. 360bbb(e)) is amended by inserting before the
			 period the following: and shall include providing compassionate access
			 to drugs, biological products, and devices under the program under section 581,
			 with substantial consideration being given to whether the totality of
			 information available to the Secretary regarding the safety and effectiveness
			 of an investigational drug, as compared to the risk of morbidity and death from
			 the disease, indicates that a patient may obtain more benefit than risk if
			 treated with the drug, biological product, or device..
			(d)CDCTitle
			 XV of the Public Health Service Act (42 U.S.C. 300k et seq.) is amended by
			 adding at the end the following:

					1511.Lung Cancer
				Mortality Reduction Program
						(a)In
				generalThe Secretary shall establish and implement an early
				disease research and management program targeted at the high incidence and
				mortality rates among minority and low-income populations.
						(b)Authorization
				of appropriationsThere is authorized to be appropriated, such
				sums as may be necessary to carry out this
				section.
						.
			5.Department of
			 Defense and the Department of Veterans AffairsThe Secretary of Defense and the Secretary
			 of Veterans Affairs shall coordinate with the Secretary of Health and Human
			 Services—
			(1)in the
			 development of the Lung Cancer Mortality Reduction Program under section
			 417E;
			(2)in the
			 implementation within the Department of Defense and the Department of Veterans
			 Affairs of an early detection and disease management research program for
			 military personnel and veterans whose smoking history and exposure to
			 carcinogens during active duty service has increased their risk for lung
			 cancer; and
			(3)in the
			 implementation of coordinated care programs for military personnel and veterans
			 diagnosed with lung cancer.
			6.Lung Cancer
			 Advisory Board
			(a)In
			 generalThe Secretary of Health and Human Services shall
			 establish a Lung Cancer Advisory Board (referred to in this section as the
			 Board) to monitor the programs established under this Act (and
			 the amendments made by this Act), provide annual reports to Congress concerning
			 benchmarks, expenditures, lung cancer statistics, and the public health impact
			 of such programs.
			(b)CompositionThe
			 Board shall be composed of—
				(1)the Secretary of
			 Health and Human Services;
				(2)the Secretary of
			 Defense;
				(3)the Secretary of
			 Veterans Affairs; and
				(4)two
			 representatives each from the fields of clinical medicine focused on lung
			 cancer, lung cancer research, imaging, drug development, and lung cancer
			 advocacy, to be appointed by the Secretary of Health and Human Services.
				7.Authorization of
			 appropriationsFor the purpose
			 of carrying out the programs under this Act (and the amendments made by this
			 Act), there is authorized to be appropriated such sums as may be necessary for
			 each of fiscal years 2009 through 2013.