115 S684 IS: National Adoption and Foster Care Home Study Act
U.S. Senate
2017-03-21
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.

II115th CONGRESS1st SessionS. 684IN THE SENATE OF THE UNITED STATESMarch 21, 2017Mrs. Gillibrand (for herself and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo establish a national, research-based, and comprehensive home study assessment process for the
			 evaluation of prospective foster parents and adoptive parents and provide
			 funding to States and Indian tribes to adopt such process.

 1.Short titleThis Act may be cited as the National Adoption and Foster Care Home Study Act.
 2.Demonstration program for the implementation of a national home study processTitle II of the Child Abuse Prevention and Treatment Act and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.) is amended—
 (1)in section 203(b) (42 U.S.C. 5113(b))— (A)in paragraph (3)(A), by striking (including and inserting (including the national database established under section 203A(c) but containing;
 (B)in paragraph (10), by striking ; and and inserting ;; (C)in paragraph (11), by striking the period and inserting ; and; and
 (D)by adding at the end the following:  (12)establish a demonstration program, not later than 1 year after the date of enactment of the National Adoption and Foster Care Home Study Act, through which each participating State or Indian tribe—
 (A)adopts the uniform, research-based home study methodology for the evaluation of prospective foster parents and adoptive parents developed by the Secretary under section 203A(a); and
 (B)provides data gathered through operation of the program to the Secretary, as the Secretary may require for purposes of the national database under section 203A(c).;
 (2)by inserting after section 203 (42 U.S.C. 5113) the following:  203A.National home study demonstration programs; National database (a)Program methodologyEach demonstration program established by a State or Indian tribe in accordance with section 203(b)(12) shall use a uniform, research-based home study methodology for the evaluation of prospective foster parents and adoptive parents (developed by the Secretary after consultation with stakeholders and professionals in the field of child welfare) that shall—
 (1)incorporate— (A)information gathering tools, including—
 (i)an initial written questionnaire that is a uniform set of closed-ended questions with a variety of possible answers that provides significant family information;
 (ii)a secondary in-person questionnaire that is administered in a private setting in the home, and, if applicable, with both applicants present together; and
 (iii)guidelines that describe standardized questions that an individual serving as a reference for the applicant uses in writing a reference letter, to be sent directly to such individual and not shared with the applicant, and which is consistent with the questionnaires described in clauses (i) and (ii);
 (B)a written guidance document to assist home study practitioners in performing a psychosocial evaluation of the applicant that—
 (i)provides instructions on how to systematically analyze information learned from the information gathering tools described in subparagraph (A) in order to identify specific strengths and concerns of the applicant;
 (ii)provides sufficient information for the home study practitioner to determine the significance of behaviors and events in the applicant’s life in relation to being a successful foster care or adoption provider; and
 (iii)includes a rating system that will be incorporated into the home study report described in subparagraph (C); and
 (C)a model home study report that may, at the discretion of the Secretary, be customized by a State or Indian tribe as necessary to comply with State or tribal and local regulations and requirements;
 (2)ensure ongoing training of home study certified personnel; and (3)designate a home study auditor to ensure quality control and accuracy of information provided to placing agencies.
 (b)GrantsThe Secretary shall make grants to States and Indian tribes to enable and encourage the States and Indian tribes to establish demonstration programs in accordance with section 203(b)(12).
 (c)National databaseThe Secretary shall establish a secure national database of home study reports filed by home study practitioners using the home study methodology described in subsection (a). Such database shall be accessible only to State and tribal foster care and adoption agencies, or a designated entity, as determined by the lead agency in the State, to assist with the selection of prospective foster parents and adoptive parents.
 (d)Condition on participation in demonstration projectAs a condition for participating in the demonstration program under section 203(b)(12), a State or Indian tribe shall agree to recognize as valid all home study reports listed in the database described in subsection (c), including such reports filed by other States or Indian tribes.
 (e)EvaluationThe Secretary shall enter into a contract with an independent entity to— (1)carry out a periodic evaluation of the home study methodology established under subsection (a) and the demonstration programs established in accordance with section 203(b)(12); and
 (2)submit to the Secretary a report that includes— (A)a description of the extent to which such methodology—
 (i)meets the requirements of each of paragraphs (1) through (3) of subsection (a);
 (ii)expedites the screening of caregivers to promote more family-based care over institutional care for children;
 (iii)provides cost savings to State or Indian tribe foster care and adoption systems, (iv)reduces the number of children waiting for foster care or adoptive placement; and
 (v)reduces the number of prospective families waiting for foster care or adoptive placement; and (B)recommendations for expanding the demonstration program and home study methodology to all States and Indian tribes.; and
 (3)in section 205(b) (42 U.S.C. 5115(b)), by adding at the end the following: The Secretary may allocate such sums as the Secretary determines to be appropriate from the funds appropriated under subsection (a) for activities under sections 203(b)(12) and 203A..


114 S1680 IS: National Multimodal Freight Policy and Investment Act
U.S. Senate
2015-06-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 1680
		IN THE SENATE OF THE UNITED STATES

			June 25, 2015
			Ms. Cantwell (for herself, Mr. Booker, Mrs. Murray, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

		A BILL
		To improve the condition and performance of the national multimodal freight network, and for other
			 purposes.

		1.Short title
 This Act may be cited as the National Multimodal Freight Policy and Investment Act.
		2.National multimodal freight policy
 (a)EstablishmentSubtitle III of title 49, United States Code, is amended by inserting after chapter 53 the following:

					54Freight
 5401.DefinitionsIn this chapter: (1)Freight transportation modesThe term freight transportation modes means any mode of transportation that moves freight, including airports, highways, ports and waterways, rail, and pipeline.
 (2)National multimodal freight networkThe term national multimodal freight network means the network established under section 5403. (3)National multimodal freight strategic planThe term national multimodal freight strategic plan means the strategic plan developed under section 5404.
 (4)SecretaryThe term Secretary means the Secretary of Transportation. (5)StateThe term State means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
							5402.National multimodal freight policy
 (a)PolicyIt is the policy of the United States to support investment in the condition and performance of the national multimodal freight network to ensure the United States maximizes its competitiveness in the global economy and achieves each goal described in subsection (b).
 (b)GoalsThe goals of the national multimodal freight policy are to enhance the economic competitiveness of the United States and improve quality of life—
 (1)by increasing the overall productivity and connectivity of the national freight system; (2)by improving the safety, security, and resiliency of freight transportation;
 (3)by reducing the congestion of freight transportation; (4)by improving the reliability of freight transportation; and
 (5)by reducing, eliminating, or reversing adverse environmental and local community impacts of freight projects and freight movement in the United States.
 (c)StrategyThe strategies that the United States may use to achieve the goals set forth in subsection (b) include—
 (1)dedicated funding to maintain and improve freight infrastructure facilities and operations; (2)appropriate safety, environmental, energy and other transportation policies;
 (3)advanced technology and innovation; (4)workforce development; and
 (5)use of performance management. (d)Definition of economic competitivenessIn this section, the term economic competitiveness means the ability of the economy to more efficiently move freight and people, produce goods, and deliver services, including—
 (1)reductions in the travel time of freight and people; (2)reductions in the congestion caused by the movement of freight and people;
 (3)improvements to travel time reliability; and (4)reductions in freight transportation costs due to congestion and insufficient infrastructure.
								5403.National multimodal freight network
 (a)EstablishmentThe Secretary shall establish a national multimodal freight network in accordance with this section—
 (1)to inform public and private planning; (2)to assist in the prioritization of Federal investment;
 (3)to direct the use of Federal resources under section 5404; (4)to assess and support Federal investments to achieve the national multimodal freight policy goals described in section 5402(b); and
 (5)to help States define and prioritize local community impacts of freight movement.
 (b)Network componentsThe national multimodal freight network shall consist of all connectors, corridors, and facilities in all freight transportation modes that are the most critical to the current and future movement of freight to achieve the national multimodal freight policy goals described in section 5402(b).
							(c)Designation of the national multimodal freight network
 (1)Initial designationNot later than 3 years after the date of enactment of the National Multimodal Freight Policy and Investment Act, the Secretary shall designate a national multimodal freight network— (A)using measurable data, including measurable data provided by States, to assess the significance of freight movement, including consideration of points of origin, destination, and linking components of domestic and international supply chains;
 (B)improving network and intermodal connectivity; and (C)reflecting input from stakeholders, including multimodal freight system users, transport providers, metropolitan planning organizations, local governments, seaports, airports, railroads, and States, through a public process to identify critical freight facilities and corridors that are vital to achieve the national multimodal freight policy goals described in section 5402(b).
 (2)RedesignationBeginning 5 years after the date of the initial designation of the national multimodal freight network under paragraph (1), and every 5 years thereafter, using the designation factors described in paragraph (3), the Secretary shall redesignate the national multimodal freight network.
 (3)FactorsIn designating or redesignating the national multimodal freight network, the Secretary shall consider—
 (A)origins and destinations of freight movement within, to, and from the United States; (B)volume of freight, including value and tonnage;
 (C)population centers; (D)border crossings, airports, and seaports;
 (E)economic factors; (F)freight chokepoints and other impediments contributing to significant measurable congestion, delay in freight movement, or inefficient modal connections;
 (G)facilities of future freight importance based on input from stakeholders and analysis of projections for future growth and changes to the national freight system;
 (H)impacts on all freight transportation modes and modes that share significant freight infrastructure;
 (I)elements and transportation corridors identified by a multi-State coalition, State, State advisory committee, or metropolitan planning organization using national or local data as having critical freight importance to the region; and
 (J)intermodal connectors, major distribution centers, inland intermodal facilities, and first- and last-mile facilities.
									5404.National multimodal freight strategic plan
 (a)Initial developmentNot later than 3 years after the date of enactment of the National Multimodal Freight Policy and Investment Act, the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, local governments, and other appropriate public and private freight transportation stakeholders, shall develop, maintain, and post on the Department of Transportation public website a national multimodal freight strategic plan.
 (b)RequirementsThe initial and each revised national multimodal freight strategic plan shall include— (1)an assessment of the current condition and performance of the national multimodal freight network, and the ability of the network to meet the policy and goals described in section 5402;
 (2)an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved freight transportation performance, including opportunities for overcoming the barriers;
 (3)an analysis of emerging and long-term projected trends in economic and national trade policies, public health, workforce availability, and environmental conditions that will impact the performance, needs, safety, and uses of the national transportation system to move freight;
 (4)an identification of freight chokepoints on the national multimodal freight network that create significant freight congestion problems, based on a quantitative methodology developed by the Secretary and using the analysis under paragraph (3);
 (5)an identification of major international and domestic trade gateways and corridors that connect major population centers and ports of entry;
 (6)a projection of current and forecasted traffic and freight volumes on the gateways and corridors identified under paragraph (5);
 (7)an identification of major agricultural and energy rural production areas and other major inland freight generators;
 (8)an identification of the gateways and corridors that connect the major inland freight generators identified in paragraph (7) to ports of entry;
 (9)the best practices for improving the operational and safety performance of the national multimodal freight network;
 (10)the best practices to reduce, minimize, and mitigate the environmental and other impacts of freight movement on communities;
 (11)a process for addressing multistate projects and encouraging jurisdictions to collaborate; (12)strategies to improve freight intermodal connectivity, including bulk transloading facilities;
 (13)the development of more consistent and accurate data to measure freight movement domestically and internationally; and
 (14)the identification of federally designated strategic defense ports and nearby freight chokepoints that create significant congestion which could hamper the flow of military equipment and personnel to those ports.
								(c)Updates
 (1)In generalNot later than 5 years after the date the initial national multimodal freight strategic plan under subsection (a) is complete, and every 10 years thereafter, the Secretary shall update and repost on the Department of Transportation public website a revised national multimodal freight strategic plan.
 (2)Major international and domestic trade gateways and corridorsThe identification of major international and domestic trade gateways and corridors that connect major population centers and ports of entry under subsection (b)(5) shall be updated, as appropriate, in each revised national multimodal freight strategic plan.
								5405.National multimodal freight advisory committee
 (a)EstablishmentThe Secretary shall establish a national multimodal freight advisory committee in the Department of Transportation consisting of a balanced cross-section of public and private freight stakeholders representative of all freight transportation modes, including—
 (1)airports, highways, ports and waterways, rail, and pipeline;
 (2)shippers; (3)carriers;
 (4)freight-related associations; (5)the freight industry workforce;
 (6)State departments of transportation; (7)local governments;
 (8)metropolitan planning organizations; (9)regional or local transportation authorities, such as port authorities;
 (10)freight safety organizations; and (11)university research centers.
 (b)PurposeThe purpose of the committee is to help promote a safe, economically efficient, and environmentally sustainable national freight system.
 (c)DutiesThe committee, in consultation with State departments of transportation and metropolitan planning organizations, shall provide advice and recommendations to the Secretary on matters related to freight transportation in the United States, including—
 (1)the implementation of freight transportation requirements;
 (2)the establishment of a national multimodal freight network under section 5403; (3)the development of the national multimodal freight strategic plan under section 5404;
 (4)the development of measures of conditions and performance in freight transportation; (5)the development of freight transportation investment, data, and planning tools; and
 (6)recommendations for Federal legislation. (d)QualificationsEach member of the committee shall have qualifications sufficient to represent the interests of the member's specific stakeholder group, such as—
 (1)general business and financial experience; (2)experience or qualifications in the areas of freight transportation and logistics;
 (3)experience in transportation planning, safety, technology, or workforce issues; (4)experience representing employees of the freight industry;
 (5)experience representing State or local governments or metropolitan planning organizations in transportation-related issues; or
 (6)experience in trade economics relating to freight flows. (e)Support staff, information, and servicesThe Secretary shall provide support staff for the committee. On request of the committee, the Secretary shall provide information, administrative services, and supplies that the Secretary considers necessary for the committee to carry out its duties.
 (f)Nonapplication of FACASection 14 of the Federal Advisory Committee Act (5 App. U.S.C.) does not apply to the committee. 5406.State freight plans (a)In generalEach State that receives a grant under this chapter shall develop a freight plan that provides a comprehensive plan for the immediate and long-range planning activities and investments of the State with respect to freight.
 (b)ContentsEach State freight plan shall include— (1)an identification of significant freight system trends, needs, and issues with respect to the State and each neighboring State with which high levels of trade occurs or logistical dependence exists;
 (2)a description of the freight policies, strategies, and performance measures that will guide the freight-related transportation investment decisions of the State to achieve a reasonable balance in freight transportation modes;
 (3)a description of how the plan will improve the ability of the State to meet the goals of the national multimodal freight policy described in section 5402(b) and any relevant State multimodal freight policy;
 (4)evidence that the State will consider innovative technologies and operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement and provide multimodal transportation systems integration for information sharing;
 (5)in the case of routes on public infrastructure on which heavy vehicles travel (including mining, agricultural, energy cargo or equipment, and timber vehicles) or other conditions exist that are projected to substantially deteriorate the condition of those routes, a description of improvements that may be required to reduce or impede the deterioration, including the use of alternate freight transportation modes;
 (6)an inventory of facilities and corridors with freight mobility or accessibility issues, such freight chokepoints, within the State, and a description of the strategies the State will employ to address those freight mobility or accessibility issues;
 (7)consideration of any significant congestion or delay caused by freight movements and any strategies to mitigate that congestion or delay; and
 (8)a priority freight investment plan that includes a list of priority projects, a methodology to prioritize future projects, and an explanation of how those investments achieve the goals of the national multimodal freight policy described in section 5402(b) and any relevant State multimodal freight policy.
								(c)Relationship to statewide strategic long-Range transportation plan
 (1)In generalA State may develop its State freight plan with, and incorporate the plan into, its statewide strategic long-range transportation plan. The State freight plan may be separate from the long-range transportation plan, but shall be consistent with the long-range transportation plan. The State freight plan shall be consistent with the State rail plan under section 22702 for that State.
 (2)Fiscal constraintsThe priority freight investment plan of a State freight plan under subsection (b)(8) shall include a project, or an identified phase of a project, only if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the priority freight investment plan.
 (3)Planning periodEach State freight plan shall address a 10-year forecast period. (4)Updates (A)In generalA State shall update its State freight plan as frequently as the State determines necessary, but not less frequently than once every 10 years.
 (B)Priority freight investment planA State shall update its priority freight investment plan as frequently as the State determines necessary, but at least once every 5 years.
 (d)ConsultationEach State shall consult with applicable Federal, State, and local agencies relevant to land use and programming processes when developing a State freight plan under this section, including the State's freight advisory committee under section 5407.
							5407.State freight advisory committees
 (a)EstablishmentAs a condition of, and prior to, receiving a grant under this chapter, a State shall establish and maintain a freight advisory committee consisting of a balanced cross-section of public and private freight stakeholders representative of all freight transportation modes, including—
 (1)as applicable, airports, highways, ports and waterways, rail, and pipeline;
 (2)shippers; (3)carriers;
 (4)freight-related associations; (5)the freight industry workforce;
 (6)the State department of transportation; (7)local governments;
 (8)metropolitan planning organizations; (9)local transportation authorities, such as port authorities;
 (10)freight safety organizations; and (11)university research centers.
 (b)QualificationsEach member of the advisory committee shall have qualifications sufficient to represent the interests of the member's specific stakeholder group, such as—
 (1)general business and financial experience; (2)experience or qualifications in the areas of freight transportation and logistics;
 (3)experience in transportation planning, safety, or workforce issues; (4)experience representing employees of the freight industry;
 (5)experience representing State or local governments, or metropolitan planning organizations in transportation-related issues; or
 (6)experience in trade economics relating to freight flows. (c)DutiesA freight advisory committee of a State described in subsection (a) shall—
 (1)advise the State on freight-related priorities, issues, projects, and funding needs; (2)serve as a forum for discussion for State transportation decisions affecting freight movement;
 (3)communicate and coordinate regional priorities with other freight-related organizations; (4)promote the sharing of information between the private and public sectors on freight issues; and
 (5)participate in the development of the State freight plan under section 5406, including advising on the development of a priority freight investment plan under subsection (b)(8) of that section.
								5408.Conditions and performance reports
 (a)In generalNot later than 3 years after the date of enactment of the National Multimodal Freight Policy and Investment Act, and biennially thereafter, the Secretary shall prepare and submit to Congress a report that describes the conditions and performance of the national multimodal freight network.
 (b)ContentsThe report shall contain, at a minimum, the following— (1)an assessment of the ability, including the current performance, of the national multimodal freight network to make significant progress toward and achieve the policy and goals described in section 5402; and
 (2)a description of impediments to improving the conditions and performance of the national multimodal freight network.
								5409.Transportation investment data and planning tools
 (a)In generalNot later than 1 year after the date of enactment of National Multimodal Freight Policy and Investment Act, the Secretary shall begin to develop new tools, and improve existing tools, to support an outcome-oriented, performance-based approach by Federal, State, local, and private decisionmakers when evaluating proposed freight-related and other transportation projects, including—
 (1)methodologies for systematic analysis of benefits and costs on a national, regional, and local basis;
 (2)tools for ensuring that the evaluation of freight-related and other transportation projects would consider safety, economic competitiveness, environmental sustainability, innovation, and system condition in the project selection process;
 (3)improved methods for data collection and trend analysis; (4)freight forecasting models; and
 (5)other tools to assist in effective freight transportation planning. (b)Freight dataIn support of the tools described in subsection (a), and to support a broad range of evaluation methods to assist Federal, State, local, and private decisionmakers in making transportation investment decisions, the Secretary shall—
 (1)direct the collection of appropriate freight data and supply chain data, including more consistent and accurate data to measure the condition and performance of the national multimodal freight network; and
 (2)consider any improvements to existing freight data collection, including the Commodity Flow Survey and Freight Analysis Framework, that could reduce identified freight data deficiencies and improve forecasts of freight transportation demand, both domestic and international.
 (c)ConsultationThe Secretary shall consult with Federal, State, and other public and private freight transportation stakeholders to develop, improve, and implement the tools described in subsection (a) and collect the freight data and supply chain data described in subsection (b).
 (d)Multimodal freight performance measuresThe Secretary shall establish freight performance measures to develop a framework for assessing the demand, efficiency, condition, safety, and investment in the national multimodal freight network.
							5410.Freight investment grant program
 (a)DefinitionsIn this section: (1)Eligible applicantThe term eligible applicant means—
 (A)a State; (B)a political subdivision of a State;
 (C)a metropolitan planning organization; (D)a regional or local transportation authority, including a port authority;
 (E)a tribal government or a consortium of tribal governments; or (F)2 or more of the entities described in subparagraphs (A) through (E).
 (2)Eligible projectThe term eligible project means a capital investment in a project, or a project phase with independent utility, for— (A)a transportation infrastructure facility; or
 (B)an intelligent transportation system project primarily for freight benefit that reduces congestion or improves safety.
 (3)FacilityThe term facility includes— (A)a road facility;
 (B)a rail facility; (C)a marine highway facility;
 (D)a maritime, land border, or inland port facility; (E)a freight intermodal facility, including an intermodal facility serving a seaport, an intermodal or cargo access facility serving an airport, an intermodal facility serving a port on the inland waterways, a bulk intermodal/transload facility, or a road/rail intermodal facility; or
 (F)a facility related to an international border crossing. (4)Marine highwayThe term marine highway means all of the marine transportation routes designated by the Secretary that—
 (A)serve as extensions of the surface transportation system; and (B)promote short sea transportation.
 (5)Transportation infrastructure facilityThe term transportation infrastructure facility means a facility that is significantly used for the movement of freight. (b)EstablishmentThe Secretary shall establish and implement a freight investment grant program in accordance with the policy, goals, and strategies described in section 5402.
							(c)Applications
 (1)In generalAn eligible applicant shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish.
 (2)Groups of entitiesA group described in subsection (a)(1)(F) shall submit an application through a lead applicant that qualifies under subparagraph (A), (B), (C), (D) or (E) of subsection (a)(1). Public-private partnerships are eligible if the lead applicant qualifies under subparagraph (A), (B), (C), (D), or (E) of subsection (a)(1).
								(d)Criteria for selection
 The Secretary shall select eligible projects for funding based on the following criteria:
 (1)The eligible project will help achieve the goals and strategies described in section 5402.
 (2)Funding committed by State and local governments and other public and private partners, along with the Federal funding requested, will be sufficient to complete the capital investment.
 (3)The extent to which the eligible project leverages Federal funds by securing commitments of State, local, tribal, or private funds in addition to the Federal funding requested under this section.
 (4)The likely benefits of the eligible project relative to its costs. (5)The extent to which the eligible project demonstrates the use of innovative technology, strategies, and practices or involves collaboration among States or political subdivisions.
 (6)The likely effect of the eligible project to support the movement of freight internationally or to efficiently move freight and people interstate or intrastate.
 (7)The eligible project's support of freight operations in a nationally significant place, as determined by the Secretary.
 (8)The consistency of the eligible project with the national multimodal freight strategic plan developed under section 5404.
 (9)Inclusion of the eligible project in a State freight plan under section 5406 or, if the State freight plan is not complete, a regional transportation plan.
 (10)The extent to which the eligible project will reduce the adverse impacts of freight transportation on a local community.
 (11)The ability of the eligible project to increase throughput and reduce congestion at freight chokepoints.
 (e)Federal shareThe Federal share for a project funded under this section shall not exceed— (1)80 percent of the total capital cost of the eligible project; or
 (2)$50,000,000. (f)Grant analysisA grant agreement under this section between the Federal Government and a grantee shall specify that the grantee will collect data and report to the Secretary, at such times as the Secretary specifies, on—
 (1)the actual cost of constructing the eligible project; (2)the time required to complete and implement the eligible project;
 (3)the level of usage of the transportation infrastructure facility built or improved by the eligible project;
 (4)the benefits of the eligible project, measured in a way that is consistent with the benefits that were estimated in the application under subsection (c); and
 (5)any costs resulting from the eligible project in addition to the projected costs estimated in the application under subsection (c).
 (g)Terms and conditionsThe Secretary may require such additional terms and conditions of a grant under this section as the Secretary considers necessary.
 (h)AdministrationFor the purpose of administering a grant under this section, funds authorized for this section may be transferred within the Department of Transportation and administered in accordance with this title or title 23, as applicable, and any other laws applicable to the eligible project.
							(i)Administrative and oversight costs
 (1)In generalThe Secretary may retain up to one-half of 1 percent of the amounts authorized for each fiscal year under this section for—
 (A)administration of the freight investment grant program; and (B)oversight of eligible projects funded under this section.
 (2)Administration expensesIn order to carry out the administration and oversight of grants under this section, the Secretary may transfer portions of the funds retained under this subsection to—
 (A)the Administrator of the Federal Highway Administration; (B)the Administrator of the Federal Railroad Administration;
 (C)the Administrator of the Federal Aviation Administration; (D)the Administrator of the Federal Maritime Administration;
 (E)the Assistant Secretary for Research and Technology; and (F)the Assistant Secretary of Freight Planning, Permitting, and Development.
									(j)Authorization of appropriations
 (1)In generalThere are authorized to be appropriated to carry out this section— (A)$2,000,000,000 for fiscal year 2016;
 (B)$2,000,000,000 for fiscal year 2017; (C)$2,000,000,000 for fiscal year 2018;
 (D)$2,000,000,000 for fiscal year 2019; (E)$2,000,000,000 for fiscal year 2020; and
 (F)$2,000,000,000 for fiscal year 2021. (2)Administration of fundsThe funds appropriated for this program shall be available for obligation until expended.
								.
			(b)Technical and conforming amendments
 The table of contents for subtitle III of title 49, United States Code, is amended by adding after the item relating to section 5340 the following:
				Chapter 54. Freight.5401. Definitions.5402. National multimodal freight policy.5403. National multimodal freight network.5404. National multimodal freight strategic plan.5405. National multimodal freight advisory committee.5406. State freight plans.5407. State freight advisory committees.5408. Conditions and performance reports.5409. Transportation investment date and  planning tools.5410. Freight investment grant program..
			3.Office of freight planning, permitting, and development
 (a)In generalSection 102 of title 49, United States Code, is amended— (1)by redesignating subsection (h) as subsection (i); and
 (2)by inserting after subsection (g) the following:  (h)Office of freight planning, permitting, and development (1)EstablishmentThere is established, in the Office of the Secretary, an Office of Freight Planning, Permitting, and Development (referred to in this subsection as the Office).
 (2)ResponsibilitiesThe Office shall— (A)coordinate the investment of Federal funding to improve the efficiency of the national multimodal freight network (as defined in section 5401) to move freight in accordance with the policy, goals, and strategies described in section 5402;
 (B)for projects that involve multiple Federal agencies, designate a lead Federal agency or a modal administrator within the Department of Transportation—
 (i)to serve as the primary point of contact; and (ii)to actively monitor and identify the progress of the permitting process;
 (C)establish a process to give priority consideration to the freight projects receiving freight investment grants under section 5410 when—
 (i)coordinating and facilitating the permit review process; and (ii)advancing project delivery objectives if there is duplication of processes;
 (D)facilitate communication among government, public, and private freight transportation stakeholders;
 (E)support the Secretary in the development of the national multimodal freight strategic plan (as defined in section 5401);
 (F)provide guidance or best practices on the development of the State freight plans under section 5406; and
 (G)carry out other duties, as prescribed by the Secretary. (3)OrganizationThe Office shall—
 (A)be headed by the Assistant Secretary of Freight Planning, Permitting, and Development; (B)be structured out of existing resources and funding within the Department of Transportation, to the extent feasible; and
 (C)serve to consolidate freight staffing from all modal administrations to improve collaboration between freight transportation modes (as defined in section 5401), especially in permitting oversight, and otherwise support the efficiency of the national multimodal freight network..
				(b)Technical and conforming amendments
 (1)Assistant secretariesSection 102(e)(1) of title 49, United States Code, is amended— (A)in the matter preceding subparagraph (A), by striking 5 and inserting 6;
 (B)in subparagraph (C), by striking ; and and inserting a semicolon; (C)by redesignating subparagraph (D) as subparagraph (E); and
 (D)by inserting after subparagraph (C) the following:  (D)an Assistant Secretary of Freight Planning, Permitting, and Development, who shall be appointed by the Secretary, with the approval of the President; and.
 (2)Executive schedule pay ratesSection 5316 of title 5, United States Code, is amended by inserting Assistant Secretary of Freight Planning, Permitting, and Development, Department of Transportation. after Assistant Secretary for Administration, Department of Transportation..
				4.Capital grants for shortline freight railroad state of good repair
 (a)DefinitionsIn this section: (1)Capital projectThe term capital project means acquiring, constructing, improving, or inspecting shortline or regional railroad infrastructure, such as equipment, track and track structures, or a facility, including—
 (A)bringing that infrastructure to a state of good repair; (B)bond costs and other costs relating to the issuance of bonds or other debt financing instruments;
 (C)evaluating and assessing project implementation and outcomes; (D)expenses incidental to the activities described in subparagraph (C), including designing, engineering, location surveying, mapping, and environmental studies;
 (E)installing, restoring, and rehabilitating track; (F)preserving and acquiring rights-of-way;
 (G)relocation assistance, including— (i)acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing; and
 (ii)the lateral relocation of any portion of a rail line; (H)eliminating obstacles and relocating utilities;
 (I)payments for the maintenance responsibility of rail trackage rights agreements; (J)mitigating adverse impacts on safety, motor vehicle traffic flow, quality of life, environment, or economic development;
 (K)highway-rail grade crossing improvements, including the safety of and elimination of hazards at a highway-rail grade crossing;
 (L)communication and signalization improvements; (M)subsidy and administrative costs of projects eligible for Federal credit assistance under the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.) for a capital project to improve shortline or regional railroad infrastructure;
 (N)improving or replacing locomotives operated by a shortline or regional railroad; (O)on-dock or near-dock projects at seaports;
 (P)resolving critical freight chokepoints and addressing capacity constraints; and (Q)such other construction, improvement or inspection-related activities as determined appropriate by the Secretary.
 (2)Eligible recipientThe term eligible recipient means— (A)a State;
 (B)a political subdivision of a State; (C)a metropolitan planning organization;
 (D)a regional or local transportation authority, including a port authority; (E)a tribal government or a consortium of tribal governments;
 (F)a public entity responsible for providing rail freight transportation service; (G)solely for the purpose of constructing a rail connection between a plant or facility and a rail carrier, a limited option freight shipper that owns or operates a plant or facility;
 (H)2 or more of the entities described in subparagraphs (A) through (G); and (I)if the capital project is a public-private partnership with 1 or more of the entities described in subparagraphs (A) through (H), a shortline or regional railroad or a holding company of a shortline or regional railroad.
 (3)Railroad carrierThe term railroad carrier has the meaning given the term in section 20102 of title 49, United States Code. (4)SecretaryThe term Secretary means the Secretary of Transportation.
 (5)Shortline or regional railroadThe term shortline or regional railroad means a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class II carriers or Class III carriers, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations, on which not less than 80 percent of the volume of rail traffic is freight traffic.
 (6)State of good repairThe term state of good repair means a condition in which the existing physical assets, both individually and as a system, are functioning as designed within their useful lives and are sustained through regular maintenance and replacement programs.
				(b)Grants authorized
 (1)In generalThe Secretary shall establish a competitive grant program to provide financial assistance to eligible recipients for capital projects that—
 (A)help accomplish the goals of a State rail plan under section 22702 of title 49, United States Code, or, if a State freight plan under section 5406 of that title is complete, the goals of the State freight plan; and
 (B)either— (i)improve shortline or regional railroad infrastructure by improving the efficient and safe movement of freight; or
 (ii)mitigate the adverse impacts of shortline or regional railroad infrastructure or operations on a local community.
 (2)Eligibility and considerations for approvalIn determining whether to award a grant to an eligible recipient under this section, the Secretary shall consider the following, listed by priority:
 (A)The extent to which a capital project— (i)will contribute to the efficient movement of freight, including multimodal freight;
 (ii)will benefit the efficient movement of freight at or accessing a port, or agricultural or manufacturing cluster;
 (iii)will contribute to increasing the economic competitiveness and state of good repair of a shortline or regional railroad;
 (iv)will alleviate the impacts of a shortline or regional railroad’s operations on local communities, including impacts on safety, motor vehicle traffic flow, community quality of life, environment, or economic development;
 (v)will enhance safety; (vi)is not capable of being fully funded without Federal grant funding;
 (vii)complies with the limitation relating to the allocation of grant funds set forth in subsection (c);
 (viii)will contribute to the equitable treatment of the various regions of the United States; (ix)includes equitable participation from other beneficiaries in the project’s financing, including the extent to which the project will leverage financial contributions or commitments from private entities involved with the project in proportion to the expected benefits that accrue to such entities from the project;
 (x)is compatible with local land use, economic development, and transportation plans and objectives; and
 (xi)will increase the reliability and resilience of the Nation’s multimodal freight system. (B)The past performance of the eligible recipient and other beneficiaries of the capital project in developing and delivering 1 or more capital projects.
 (C)Such other factors as the Secretary considers relevant.
 (c)Allocation limitationNot less than 50 percent of all grant funds awarded under this section out of funds appropriated for a fiscal year shall be provided to publicly owned shortline railroads.
			(d)Project cost sharing
 (1)BasisThe Secretary shall estimate the total cost of each eligible project based on— (A)engineering studies;
 (B)studies of economic feasibility; (C)environmental analyses; and
 (D)information on the expected use of the shortline or regional railroad infrastructure, such as equipment, track, track structure, or facility.
 (2)Federal shareA Federal grant for an eligible project under this section may not exceed— (A)90 percent of the total capital cost of the eligible project; or
 (B)$6,000,000. (3)Non-Federal share (A)In generalAn eligible recipient shall pay, or arrange for the payment from non-Federal sources, including financing, not less than 10 percent of the shared costs of an eligible project that is funded in part by a grant awarded under this section.
 (B)Forms of contributionsThe shared costs under subparagraph (A) may be paid in cash or in-kind contributions. (C)In-kind contributions (i)In generalThe non-Federal in-kind contributions under subparagraph (B) may consist of—
 (I)real property; (II)tangible personal property;
 (III)services of employees of the eligible recipient or non-Federal source; and (IV)payments made by an eligible recipient or other non-Federal source for costs incurred for the eligible project before the filing of an application for a grant under this section, and any in-kind contributions that were made for the project before the filing of the application, to the extent that such costs were incurred or in-kind contributions were made to comply with a legal requirement necessary to carry out the eligible project.
 (ii)CalculationsThe value of an in-kind contribution under clause (i)(III) shall be calculated— (I)by including the costs incurred by the eligible recipient or other non-Federal source for the pay and benefits of an employee described in clause (i)(III); and
 (II)by excluding any overhead or general administrative costs. (e)Reporting requirementAs part of the grant application process, each eligible recipient shall submit a description of the anticipated public and private benefits (as those terms are defined in section 22701 of title 49, United States Code) associated with the eligible project.
 (f)Agreements To Combine AmountsTwo or more eligible recipients may agree to combine any part of the amounts provided through grants for an eligible project under this section if—
 (1)the eligible project will benefit each eligible recipient entering into the agreement; and (2)the agreement does not violate any Federal law or any law of any State in which an eligible recipient is located.
 (g)State cooperationThe Secretary shall encourage each shortline or regional railroad applicant for a grant under this section to utilize the expertise and assistance of 1 or more State transportation agencies in applying for and administering the grant. The Secretary shall encourage each applicable State transportation agency to provide its expertise and assistance to the shortline or regional railroad.
 (h)RulemakingNot later than July 1, 2016, the Secretary shall issue final regulations for implementing the grant program authorized under this section.
 (i)Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2016 through 2021.
			5.Capital grants for grade separation projects
 (a)DefinitionsIn this section: (1)Eligible applicantThe term eligible applicant means—
 (A)a State; (B)a political subdivision of a State;
 (C)a metropolitan planning organization; (D)a regional or local transportation authority, including a port authority;
 (E)a tribal government or a consortium of tribal governments; or (F)2 or more of the entities described in subparagraphs (A) through (E).
 (2)Highway-rail vertical grade separation projectThe term highway-rail vertical grade separation project means a project that separates the grade of a road-rail crossing to eliminate the conflict between those freight transportation modes.
 (3)Host railroadThe term host railroad means— (A)a Class I railroad, Class II railroad, or Class III railroad (as defined in section 20102 of title 49, United States Code); and
 (B)the public or private owner of rail infrastructure over which a Class I railroad, Class II railroad, or Class III railroad operates.
 (4)SecretaryThe term Secretary means the Secretary of Transportation. (b)Grants authorizedThe Secretary shall establish a competitive capital grant program to provide financial assistance to eligible applicants for highway-rail vertical grade separation projects intended to reduce highway and rail congestion and improve safety.
 (c)Eligible projectsAn eligible applicant may apply for a grant under this section for the purpose of— (1)constructing a highway-rail vertical grade separation project; or
 (2)planning, preparing, or designing a project described in paragraph (1). (d)Project selection criteriaIn determining whether to award a grant to an eligible applicant under this section, the Secretary shall consider the following factors, listed by priority:
 (1)Whether the highway-rail vertical grade separation project will cost-effectively reduce national, regional, or local truck and rail freight network delays.
 (2)The extent to which the highway-rail vertical grade separation project includes equitable financial participation from other beneficiaries of the project, including the extent to which the project will leverage financial contributions or commitments from private entities involved with the project in proportion with or greater to the proportion of the expected benefits that accrue to such entities from the project.
 (3)The truck freight and train volumes at the crossing. (4)The traffic delays caused by trains traveling through the crossing.
 (5)The history at the crossing of incidents with fatal or severe injuries. (6)The safety hazards, including sightlines, along the crossing approaches.
 (7)The angle of the tracks to the roadway. (8)The highway-rail vertical grade separation project readiness.
 (9)The benefit to railroad operations as a result of the project. (10)Such other factors as the Secretary considers relevant.
 (e)Reporting requirementAs part of the grant application process, each eligible applicant shall submit a description of the anticipated public and private benefits associated with the highway-rail vertical grade separation project. The eligible applicant shall describe the anticipated public and private benefits in consultation with the host railroad involved in the project.
			(f)Project cost sharing
 (1)BasisThe Secretary shall estimate the total cost of each highway-rail vertical grade separation project based on—
 (A)engineering studies; (B)studies of economic feasibility; and
 (C)information on the expected use of equipment or facilities. (2)Federal shareA Federal grant for a highway-rail vertical grade separation project under this section may not exceed—
 (A)60 percent of the total capital cost of the highway-rail vertical grade separation project; or (B)$15,000,000.
					(3)Non-Federal share
 (A)In generalThe eligible applicant shall pay, or arrange for the payment from non-Federal sources, including financing, not less than 40 percent of the shared costs of a highway-rail vertical grade separation project that is funded in part by a grant awarded under this section.
 (B)Forms of contributionsThe costs required under subparagraph (A) may be paid in cash or in-kind contributions. (C)In-kind contributions (i)In generalThe non-Federal in-kind contributions under subparagraph (B) may consist of—
 (I)real property; (II)tangible personal property;
 (III)services of employees of the eligible applicant or other non-Federal source; and (IV)payments made by the eligible applicant or other non-Federal source for costs incurred for the highway-rail vertical grade separation project before the filing of an application for a grant for the project under this section, and any in-kind contributions that were made for the project before the filing of the application, to the extent that such costs were incurred or in-kind contributions were made to comply with a legal requirement necessary to carry out the project.
 (ii)ContributionsThe value of an in-kind contribution under clause (i)(III) shall be calculated— (I)by including the costs incurred by the eligible applicant or other non-Federal source for the pay and benefits of an employee described in clause (i)(III); and
 (II)by excluding any overhead or general administrative costs. (g)Grant conditionsThe Secretary shall require as a condition of making any grant under this section that a written agreement exist between an eligible applicant and a host railroad concerning construction, maintenance, railroad contribution, and such other factors as the Secretary considers relevant.
 (h)RulemakingNot later than July 1, 2016, the Secretary shall issue final regulations for implementing the grant program authorized under this section.
 (i)GuidanceThe Secretary may update existing or issue new guidance to assist an eligible applicant in determining whether a highway-rail crossing should be grade separated, including by identifying relevant criteria that should be considered and evaluating the benefits and costs of grade separations compared to other safety approaches within a risk analysis framework.
 (j)Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out this section $150,000,000 for each of fiscal years 2016 through 2021.


		IIA
		111th CONGRESS
		2d Session
		S. J. RES. 31
		IN THE SENATE OF THE UNITED STATES

			May 28 (legislative
			 day, May 26), 2010
			Mr. Leahy (for himself,
			 Mr. Cochran, and
			 Mr. Dodd) introduced the following joint
			 resolution; which was read twice and referred to the
			 Committee on Rules and
			 Administration

		JOINT RESOLUTION
		To authorize the Board of Regents of the
		  Smithsonian Institution to plan, design, and construct a facility and to enter
		  into agreements relating to education programs at the National Zoological Park
		  facility in Front Royal, Virginia.

		1.Authorization for
			 facilityThe Board of Regents
			 of the Smithsonian Institution is authorized to plan, design, and construct a
			 facility on National Zoological Park property in Front Royal, Virginia for the
			 purpose of conducting research and educational programs.
		2.Agreements for housing
			 and other services
			(a)In
			 generalThe Board of Regents of the Smithsonian Institution is
			 authorized to enter into agreements for the provision of housing and other
			 services to the participants in the programs described in section 1.
			(b)CostsThe
			 housing and other services described in subsection (a) shall be provided at no
			 cost to the Smithsonian Institution.
			3.Authorization of
			 appropriationsThere is
			 authorized to be appropriated to carry out section 1—
			(1)$1,000,000 for each of fiscal years 2010
			 and 2011; and
			(2)$3,000,000 in the aggregate for all
			 succeeding fiscal years.


		II
		112th CONGRESS
		2d Session
		S. 2405
		IN THE SENATE OF THE UNITED STATES

			April 26, 2012
			Mr. Lieberman introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on thermoplastic
		  biodegradable polymer blend.

		1.Thermoplastic biodegradable
			 polymer blend
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00 Thermoplastic
						biodegradable polymer blend containing 1,4-benzenedicarboxylic acid, dimethyl
						ester, polymer with 1,4-butanediol and hexanedioic acid (CAS No. 55231–08–8)
						and/or 1,4-benzenedicarboxylic acid polymer with 1,4 butanediol and decanedioic
						acid (CAS No. 28205–74–5) and Starch (CAS No. 9005–25–8) and
						1,4-dioxane-2,5-dione, 2,6-dimethyl-(3R, 6R)-polymer with rel-(3R,
						6S)-3,6-dimethyl-1,4 dioxane-2,5-dione and (3S,
						6S)-3,6-dimetyl-1,4-dioxane-2,5-dione (CAS No. 9051–89–2) and
						1,2,3-propanetriol (CAS No. 56–81–5) (provided for in subheading 3913.90.50)
						FreeNo changeNo changeOn or before
						12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of enactment of this Act.


		I
		112th CONGRESS
		2d Session
		H. R. 6520
		IN THE HOUSE OF REPRESENTATIVES

			September 21, 2012
			Mr. Hurt introduced
			 the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To prohibit the use of appropriated funds for publicity,
		  propaganda, or certain lobbying purposes, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 No Taxpayer-Funded Lobbying
			 Act.
		2.Prohibition on
			 use of funds for publicity, propaganda, and certain lobbying purposes
			(a)Prohibition on
			 use of fundsNo part of the
			 funds appropriated or made available by any Act may be used, other than for
			 normal and recognized Federal executive-legislative relationships, for
			 publicity or propaganda purposes, for the preparation, distribution, or use of
			 any kit, pamphlet, booklet, publication, electronic communication, radio,
			 television, or video presentation that is—
				(1)designed to support or defeat the enactment
			 of legislation before the Congress or any State or local legislature or
			 legislative body, except in presentation by an officer or employee of the
			 United States or its departments or agencies directly to the Congress;
			 or
				(2)designed to
			 support or defeat any proposed or pending regulation, administrative action, or
			 order issued by the executive branch of any State or local government.
				(b)Prohibition on
			 use of funds for salariesNo
			 part of the funds appropriated or made available by any Act may be used to pay
			 the salary or expenses of the recipient of any Federal grant or Federal
			 contract, or agent acting for such recipient, related to any activity that
			 is—
				(1)designed to influence the enactment of
			 legislation before the Congress or any State or local legislature or
			 legislative body, or
				(2)designed to influence any regulation,
			 administrative action, or Executive order proposed or pending before any State
			 government, State legislature, or local legislature or legislative body,
				other than
			 for participation by an officer or employee of the United States or its
			 departments or agencies in normal and recognized Federal executive-legislative
			 relationships.(c)ConstructionThe
			 prohibitions in subsections (a) and (b) shall include prohibitions on any
			 activity to advocate or promote any proposed, pending, or future Federal,
			 State, or local tax increase, or any proposed, pending, or future requirement
			 or restriction on any legal consumer product, including its sale or marketing,
			 including but not limited to the advocacy or promotion of gun control.
			(d)CertificationEach recipient of funds appropriated or
			 made available by any Act of Congress shall, as a condition of the receipt of
			 the funds, certify in writing that the recipient is in compliance with this
			 section, section 1913 of title 18, United States Code, and section 1352 of
			 title 31, United States Code.
			(e)PenaltiesA
			 violation of this section shall constitute a violation of section 1352 of title
			 31, United States Code, in addition to any other penalty that applies.
			(f)DefinitionsFor purposes of this section, the terms
			 agency, Federal contract, Federal grant,
			 local government, reasonable compensation,
			 recipient, and State have the meanings given those
			 terms in section 1352 of title 31, United States Code, as those terms apply to
			 Federal contracts and Federal grants.
			(g)ApplicabilityThis
			 section applies to funds appropriated or made available before, on, or after
			 the date of the enactment of this Act that are used on or after such date of
			 enactment.


		I
		112th CONGRESS
		2d Session
		H. R. 4322
		IN THE HOUSE OF REPRESENTATIVES

			March 29, 2012
			Mr. Gohmert (for
			 himself, Mr. Duncan of South Carolina,
			 Mr. Barton of Texas,
			 Mrs. Lummis,
			 Mr. Fleming,
			 Mr. Westmoreland,
			 Mr. Franks of Arizona,
			 Mr. Ribble,
			 Mr. Stutzman,
			 Mr. Berg, Mr. Poe of Texas, Mr. Conaway, Mr.
			 Hall, Mr. Farenthold,
			 Mr. Carter,
			 Mr. Brady of Texas,
			 Mr. Culberson,
			 Mr. McCaul,
			 Mr. Marchant,
			 Mr. Neugebauer,
			 Mr. Sessions,
			 Mr. Sullivan, and
			 Mr. Thornberry) introduced the
			 following bill; which was referred to the Committee on Natural Resources, and in
			 addition to the Committees on Agriculture,
			 Transportation and
			 Infrastructure, and Energy and Commerce, for a period to be
			 subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To clarify that a State has the sole authority to
		  regulate hydraulic fracturing on Federal land within the boundaries of the
		  State.

		1.Short titleThis Act may be cited as the
			 Fracturing Regulations are Effective
			 in State Hands Act.
		2.FindingsCongress finds that—
			(1)hydraulic
			 fracturing is a commercially viable practice that has been used in the United
			 States for more than 60 years in more than 1,000,000 wells;
			(2)the Ground Water
			 Protection Council, a national association of State water regulators that is
			 considered to be a leading groundwater protection organization in the United
			 States, released a report entitled State Oil and Natural Gas Regulations
			 Designed to Protect Water Resources and dated May 2009 finding that the
			 current State regulation of oil and gas activities is environmentally
			 proactive and preventive;
			(3)that report also
			 concluded that [a]ll oil and gas producing States have regulations which
			 are designed to provide protection for water resources;
			(4)a
			 2004 study by the Environmental Protection Agency, entitled Evaluation
			 of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of
			 Coalbed Methane Reservoirs, found no evidence of drinking water wells
			 contaminated by fracture fluid from the fracked formation;
			(5)a
			 2009 report by the Ground Water Protection Council, entitled State Oil
			 and Natural Gas Regulations Designed to Protect Water Resources, found
			 a lack of evidence that hydraulic fracturing conducted in both
			 deep and shallow formations presents a risk of endangerment to ground
			 water;
			(6)a
			 January 2009 resolution by the Interstate Oil and Gas Compact Commission stated
			 The states, who regulate production, have comprehensive laws and
			 regulations to ensure operations are safe and to protect drinking water. States
			 have found no verified cases of groundwater contamination associated with
			 hydraulic fracturing.;
			(7)on May 24, 2011,
			 before the Oversight and Government Reform Committee of the House of
			 Representatives, Lisa Jackson, the Administrator of the Environmental
			 Protection Agency, testified that she was not aware of any proven case
			 where the fracking process itself has affected water;
			(8)in 2011, Bureau of
			 Land Management Director Bob Abbey stated, We have not seen evidence of
			 any adverse effect as a result of the use of the chemicals that are part of
			 that fracking technology.;
			(9)(A)activities relating to
			 hydraulic fracturing (such as surface discharges, wastewater disposal, and air
			 emissions) are already regulated at the Federal level under a variety of
			 environmental statutes, including portions of—
					(i)the
			 Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
					(ii)the
			 Safe Drinking Water Act (42 U.S.C. 300f et seq.); and
					(iii)the Clean Air
			 Act (42 U.S.C. 7401 et seq.); but
					(B)Congress has continually elected not
			 to include the hydraulic fracturing process in the underground injection
			 control program under the Safe Drinking Water Act (42 U.S.C. 300f et
			 seq.);
				(10)in 2011, the
			 Secretary of the Interior announced the intention to promulgate new Federal
			 regulations governing hydraulic fracturing on Federal land; and
			(11)a February 2012
			 study by the Energy Institute at the University of Texas at Austin, entitled
			 Fact-Based Regulation for Environmental Protection in Shale Gas
			 Development, found that [n]o evidence of chemicals from
			 hydraulic fracturing fluid has been found in aquifers as a result of fracturing
			 operations.
			3.Definition of
			 federal landIn this Act, the
			 term Federal land means—
			(1)public lands (as
			 defined in section 103 of the Federal Land Policy and Management Act of 1976
			 (43 U.S.C. 1702));
			(2)National Forest
			 System land;
			(3)land under the
			 jurisdiction of the Bureau of Reclamation; and
			(4)land under the
			 jurisdiction of the Corps of Engineers.
			4.State
			 authority
			(a)In
			 generalA State shall have the sole authority to promulgate or
			 enforce any regulation, guidance, or permit requirement regarding the
			 underground injection of fluids or propping agents pursuant to the hydraulic
			 fracturing process, or any component of that process, relating to oil, gas, or
			 geothermal production activities on or under any land within the boundaries of
			 the State.
			(b)Federal
			 landThe underground injection of fluids or propping agents
			 pursuant to the hydraulic fracturing process, or any components of that
			 process, relating to oil, gas, or geothermal production activities on Federal
			 land shall be subject to the law of the State in which the land is
			 located.


115 S517 IS: Consumer and Fuel Retailer Choice Act
U.S. Senate
2017-03-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 517IN THE SENATE OF THE UNITED STATESMarch 2, 2017Mrs. Fischer (for herself, Mr. Donnelly, Mr. Grassley, Mr. Blunt, Mrs. McCaskill, Mrs. Ernst, Ms. Heitkamp, Mr. Hoeven, Mr. Sasse, Ms. Baldwin, Mr. Thune, Mr. Roberts, Ms. Klobuchar, and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Clean Air Act with respect to the ethanol waiver for Reid vapor pressure limitations
			 under such Act.

 1.Short titleThis Act may be cited as the Consumer and Fuel Retailer Choice Act. 2.Ethanol waiver (a)Reid vapor pressure limitationSection 211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is amended—
 (1)in paragraph (4)— (A)in the matter preceding subparagraph (A), by inserting or more after 10 percent; and
 (B)in subparagraph (C), by striking additional alcohol or; and (2)in paragraph (5)(A), by inserting or more after 10 percent.
 (b)Existing waiversSection 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) is amended— (1)by striking The Administrator, upon and inserting the following:

 (A)The Administrator, upon; and (2)by adding at the end the following:

 (B)A fuel or fuel additive that has been granted a waiver under subparagraph (A) prior to January 1, 2017, and meets all of the conditions of that waiver, other than the waiver’s limits for Reid Vapor Pressure, may be introduced into commerce if the fuel or fuel additive meets all other applicable Reid Vapor Pressure requirements..


100 S1774 PCS: Undetectable Firearms Reauthorization Act of 2013
U.S. Senate
2013-11-21
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. 252113th CONGRESS1st SessionS. 1774IN THE SENATE OF THE UNITED STATESNovember 21, 2013Mr. Nelson (for himself and Mr. Schumer) introduced the following bill; which was read the first timeDecember 9, 2013Read the second time and placed on the calendarA BILLTo reauthorize the Undetectable Firearms Act of 1988 for 1 year.1.Short titleThis Act may be cited as the Undetectable Firearms Reauthorization Act of 2013.2.Extension of sunset provisionSection 2(f)(2) of the Undetectable Firearms Act of 1988 (Public Law 100–649; 18 U.S.C. 922 note) is amended in the matter preceding subparagraph (A) by striking 25 and inserting 26.December 9, 2013Read the second time and placed on the calendar


116 S1758 IS: To extend a repayment contract relating to the Purgatoire River Water Conservancy District and to authorize the District to develop an excess capacity contract to offset repayment costs, and for other purposes.
U.S. Senate
2019-06-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1758IN THE SENATE OF THE UNITED STATESJune 10, 2019Mr. Gardner introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo extend a repayment contract relating to the Purgatoire River Water Conservancy District and to
			 authorize the District to develop an excess capacity contract to offset
			 repayment costs, and for other purposes.

		1.Trinidad Dam, Purgatoire River, Colorado
 (a)In generalNotwithstanding the maximum term of the repayment of the irrigation first cost described in House Document 325, 84th Congress, 2d Session, the Commissioner of Reclamation may extend the contract with the Purgatoire River Water Conservancy District relating to the Purgatoire project for the Trinidad Dam on Purgatoire River, Colorado, authorized by section 203 of the Flood Control Act of 1958 (72 Stat. 309) to allow for a maximum term of the repayment of the irrigation first cost of not more than 100 years.
			(b)Excess capacity
 (1)AuthorizationNotwithstanding any other provision of law, the Commissioner of Reclamation may enter into excess capacity contracts at the project described in subsection (a).
 (2)Use of revenueNotwithstanding the reclamation laws, any revenue derived from a contract for the use of the excess capacity at the project described in subsection (a) shall be—
 (A)first credited toward the outstanding repayment obligation of the Purgatoire River Water Conservancy District under the contract referred to in subsection (a); and
 (B)after the outstanding repayment obligation referred to in subparagraph (A) is repaid in full, credited toward the annual operations, maintenance, and replacement obligation of the Purgatoire River Water Conservancy District.
 (c)Operations, maintenance, and replacement costsNotwithstanding any other provision of law, the operations, maintenance, and replacement costs of the Corps of Engineers described in the contract referred to in subsection (a) and annually invoiced to the Purgatoire River Water Conservancy District shall not exceed the lesser of—
 (1)the actual costs of the Corps of Engineers, determined in accordance with the terms of the contract; and
 (2)the calculation of the Bureau of Reclamation of the actual costs of the Corps of Engineers for a single-purpose irrigation reservoir facility.


114 HRES 262 IH: Supporting the practice of community-oriented policing and encouraging diversity hiring and retention in law enforcement.
U.S. House of Representatives
2015-05-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		114th CONGRESS
		1st Session
		H. RES. 262
		IN THE HOUSE OF REPRESENTATIVES

			May 14, 2015
			Ms. Lee (for herself, Ms. Edwards, Mr. Clay, and Mr. Grijalva) submitted the following resolution; which was referred to the Committee on the Judiciary

		RESOLUTION
		Supporting the practice of community-oriented policing and encouraging diversity hiring and
			 retention in law enforcement.

 Whereas promoting trust between law enforcement agencies and the communities they serve is critical to the stability of our communities, the integrity of our criminal justice system, and the safe and effective delivery of law enforcement services;
 Whereas events in Ferguson, Missouri; Staten Island, New York; North Charleston, South Carolina; Baltimore, Maryland, and other cities across the country have highlighted the need for strong, collaborative relationships between local police and the communities they serve and protect;
 Whereas, on December 18, 2014, President Barack Obama signed Executive Order 13684 to establish the Task Force on 21st Century Policing to examine how to establish effective crime prevention strategies while also building public trust between law enforcement and the communities they serve;
 Whereas the Task Force recommended that law enforcement agencies engage in proven and successful community-policing tactics, such as combining a focus on intervention and prevention through problem solving and collaborative partnerships with schools, social services, and other stakeholders;
 Whereas the Task Force also recommended law enforcement departments should strive to increase the diversity of their workforce;
 Whereas the most recent period where statistics are available, the Bureau of Justice Statistics found that 4,813 deaths occurred during or shortly after law enforcement personnel attempted to arrest or restrain a suspect, demonstrating the urgency to act on implementing the recommendations in the report;
 Whereas community-oriented policing is a philosophy that promotes the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions of public safety, crime, social disorder, and fear of crime;
 Whereas a 2007 survey by the Bureau of Justice Statistics found a commitment to community policing may be more evident in departments with a formal, written community-policing plan;
 Whereas according to a 2007 survey by the Bureau of Justice Statistics, only 16 percent of police departments, employing 48 percent of officers, across the country had a formal written community-policing plan;
 Whereas Congress recognizes the vital role and practice that community-oriented policing plays in building trust between law enforcement and the communities they serve and protect;
 Whereas a September 2014 study published in The New York Times, found that of hundreds of police departments across the United States, the percentage of Whites on the force is more than thirty percentage points higher than in the communities they serve;
 Whereas a 2007 survey conducted by the Bureau of Justice Statistics on law enforcement agencies in the United States found that only 1 in 4 local police officers was a member of a racial or ethnic minority, and that only 1 in 8 local police officers was a woman;
 Whereas Congress recognizes that hiring and retaining law enforcement officers that are more reflective of the community’s racial and gender makeup it serves and protects is critical to building trust between communities and law enforcement;
 Whereas since its inception, the Community Oriented Policing Services Program (COPS) Office has invested approximately $14.7 billion to add officers to the Nation’s streets, enhance crime fighting technology, support crime prevention initiatives, and provide training and technical assistance to help advance community policing; and
 Whereas Congress recognizes the critical role of the COPS Hiring Program Office in expanding the practice of community-oriented policing to law enforcement departments: Now, therefore, be it

 That the House of Representatives— (1)finds that the lack of minority representation in law enforcement across the country needs to be addressed;
 (2)calls on law enforcement departments to have a written and formal plan of community-oriented policing;
 (3)commits to ensuring that the COPS Hiring Program has the support and resources it needs to increase the hiring and retention of diverse law enforcement officers;
 (4)encourages the Department of Justice, in collaboration with the COPS office, to issue further guidance and best practices on diversity hiring and retention of law enforcement personnel, use of excessive and deadly force, and community-oriented policing strategies; and
 (5)urges the Bureau of Justice Statistics to provide an annual report to Congress on the Department of Justice’s efforts to increase community-oriented policing and diversity hiring and retention within law enforcement departments across the country.


113 HR 5502 IH: Fifth Amendment Integrity Restoration Act of 2014
U.S. House of Representatives
2014-09-17
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
		113th CONGRESS
		2d Session
		H. R. 5502
		IN THE HOUSE OF REPRESENTATIVES

			September 17, 2014
			Mr. Garrett (for himself, Mr. Walberg, and Mr. Cárdenas) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To restore the integrity of the Fifth Amendment to the Constitution of the United States, and for
			 other purposes.

		1.Short titleThis Act may be cited as the Fifth Amendment Integrity Restoration Act of 2014 or the FAIR Act.
		2.Civil forfeiture proceedingsSection 983 of title 18, United States Code, is amended—
			(1)in subsection (c)—
				(A)in paragraph (1), by striking a preponderance of the evidence and inserting clear and convincing evidence;
				(B)in paragraph (2), by striking a preponderance of the evidence and inserting clear and convincing evidence; and
				(C)by striking paragraph (3) and inserting the following:

						(3)if the Government's theory of forfeiture is that the property used to commit or facilitate the
			 commission of a criminal offense, or was involved in the commission of a
			 criminal offense, the Government shall establish, by clear and convincing
			 evidence, that—
							(A)there was a substantial connection between the property and the offense; and
							(B)the owner of any interest in the seized property—
								(i)intentionally used the property in connection with the offense; or
								(ii)knowingly consented or was willfully blind to the use of the property by another in connection with
			 the offense.; and
				(2)in subsection (d)(2)(A), by striking an owner who and all that follows through upon learning and inserting an owner who upon learning.
			3.Disposition of forfeited property
			(a)Revisions to Controlled Substances ActSection 511(e) of the Controlled Substances Act (21 U.S.C. 881(e)) is amended—
				(1)in paragraph (1), by striking civilly or;
				(2)in paragraph (2)(B), by striking accordance with section 524(c) of title 28, and inserting the General Fund of the Treasury of the United States; and
				(3)in paragraph (4)(B), by striking civilly or.
				(b)Revisions to title 18Section 981(e) of title 18, United States Code, is amended—
				(1)by striking is authorized and all that follows through or forfeiture of the property; and inserting may forward to the Treasurer of the United States any proceeds of property forfeited pursuant to
			 this section for deposit in the General Fund of the Treasury or transfer
			 such property on such terms and conditions as such officer may determine—;
				(2)by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (1), (2), (3), (4), and (5),
			 respectively; and
				(3)in the matter following paragraph (5), as so redesignated—
					(A)by striking the first, second, and third sentences; and
					(B)by striking paragraphs (3), (4), and (5) and inserting paragraphs (1), (2), and (3).
					4.Department of Justice Assets Forfeiture Fund depositsSection 524(c)(4) of title 28, United States Code, is amended—
			(1)by striking subparagraphs (A) and (B); and
			(2)by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively.
			5.ApplicabilityThe amendments made by this Act shall apply to—
			(1)any civil forfeiture proceeding pending on or filed on or after the date of enactment of this Act;
			 and
			(2)any amounts received from the forfeiture of property on or after the date of enactment of this Act.


		I
		111th CONGRESS
		1st Session
		H. R. 3395
		IN THE HOUSE OF REPRESENTATIVES

			July 29, 2009
			Mr. Paul (for himself
			 and Mr. Burton of Indiana) introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend the Federal Food, Drug, and Cosmetic Act
		  concerning claims about the effects of foods and dietary supplements on
		  health-related conditions and disease, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Health Freedom
			 Act.
		2.Limitation on
			 suppression by Federal Government of claims in food and dietary
			 supplementsThe Federal
			 Government may not take any action to prevent use of a claim describing any
			 nutrient in a food or dietary supplement (as such terms are defined in section
			 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) as mitigating,
			 treating, or preventing any disease, disease symptom, or health-related
			 condition, unless in a final order of a Federal court following a trial on the
			 merits finds clear and convincing evidence based on qualified expert opinion
			 and published peer-reviewed scientific research that—
			(1)the claim is false
			 and misleading in any material respect; and
			(2)there is no less
			 speech restrictive alternative to claim suppression, such as use of disclaimers
			 or qualifications, that can render the claim non-misleading.
			3.Definition of
			 drug
			(a)In
			 generalSubparagraph (1) of
			 section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g))
			 is amended by striking the second and third sentences and inserting the
			 following: A food or dietary supplement for which a claim is made in
			 accordance with section 403(r)(1)(B) is not a drug solely because of such
			 claim..
			(b)RulesAll
			 rules of the Food and Drug Administration in existence on the date of the
			 enactment of this Act prohibiting nutrient-disease relationship claims are
			 revoked.
			4.Misbranded
			 foodSection 403(r) of the
			 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)) is amended—
			(1)by striking clause
			 (B) of subparagraph (1) and inserting the following:

					(B) describes any nutrient as mitigating, treating, or
				preventing any disease, disease symptom, or health-related condition if, and
				only if, the claim has been adjudicated false and misleading in any material
				respect by final order of a Federal court of competent jurisdiction in
				accordance with section 2 of the Health Freedom Protection
				Act.
					;
			(2)by striking
			 subparagraph (3);
			(3)in the first
			 sentence of subparagraph (4)(A)(i)—
				(A)by striking
			 or (3)(B); and
				(B)by striking
			 or (1)(B);
				(4)by striking clause
			 (C) of subparagraph (4);
			(5)by striking clause
			 (D) of subparagraph (5); and
			(6)in subparagraph
			 (6), by striking the second sentence.
			5.Dietary
			 supplement labeling exemptionsSection 403B of the Federal Food, Drug, and
			 Cosmetic Act (21 U.S.C. 343–2) is amended to read as follows:

				403B.Food and dietary supplement labelingThe Federal Government shall take no action
				to prevent distribution of any publication in connection with the sale of a
				food or dietary supplement to consumers unless it establishes that a claim
				contained in the publication—
					(1)names the specific
				food or dietary supplement sold by the person causing the publication to be
				distributed;
					(2)represents that
				the specific food or dietary supplement mitigates, treats, or prevents a
				disease; and
					(3)proves the claim to be false and misleading
				in any material respect by final order of a Federal court of competent
				jurisdiction in accordance with section 2 of the Health Freedom Protection
				Act.
					.