		II
		Calendar No. 802
		110th CONGRESS
		2d Session
		S. 2593
		[Report No. 110–370]
		IN THE SENATE OF THE UNITED STATES

			February 5, 2008
			Mr. Bingaman (for
			 himself, Mr. Domenici,
			 Mrs. Feinstein, Mr. Allard, Mr.
			 Wyden, Mr. Salazar,
			 Ms. Cantwell, Mr. Craig, Mr.
			 Akaka, Mr. Crapo, and
			 Mrs. Murray) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			June 16, 2008
			Reported by Mr.
			 Bingaman, with an amendment
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To establish a program at the Forest Service and the
		  Department of the Interior to carry out collaborative ecological restoration
		  treatments for priority forest landscapes on public land, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Forest Landscape Restoration Act of
			 2008.
		2.PurposeThe purpose of this Act is to encourage the
			 collaborative, science-based ecosystem restoration of priority forest
			 landscapes through a process that—
			(1)encourages
			 ecological, economic, and social sustainability;
			(2)leverages local
			 resources with national and private resources;
			(3)facilitates the
			 reduction of wildfire management costs, including through reestablishing
			 natural fire regimes and reducing the risk of uncharacteristic wildfire;
			 and
			(4)demonstrates the
			 degree to which—
				(A)various ecological
			 restoration techniques—
					(i)achieve ecological
			 health objectives; and
					(ii)affect wildfire
			 activity and management costs; and
					(B)the use of forest
			 restoration byproducts can offset treatment costs while benefitting rural
			 economies and improving forest health.
				3.DefinitionsIn this Act:
			(1)FundThe
			 term Fund means the Collaborative Forest Landscape Restoration
			 Fund established by section 4(f).
			(2)PlanThe
			 term Plan means the plan entitled the 10 Year Comprehensive
			 Strategy Implementation Plan and dated December 2006.
			(3)ProgramThe term program means the
			 Collaborative Forest Landscape Restoration Program established under section
			 4(a).
			(4)SecretaryThe
			 term Secretary means the Secretary of Agriculture, acting through
			 the Chief of the Forest Service.
			4.Collaborative
			 forest landscape restoration program
			(a)In
			 generalThe Secretary, in
			 consultation with the Secretary of the Interior, shall establish a
			 Collaborative Forest Landscape Restoration Program to select and fund
			 ecological restoration treatments for priority forest landscapes in accordance
			 with applicable law.
			(b)Eligibility
			 criteriaTo be eligible for nomination under subsection (c), a
			 collaborative forest landscape restoration proposal shall—
				(1)be based on a
			 landscape restoration strategy that—
					(A)is complete or
			 substantially complete;
					(B)identifies and
			 prioritizes ecological restoration treatments for a 10-year period across a
			 landscape that is—
						(i)at least 50,000
			 acres;
						(ii)comprised
			 primarily of forested National Forest System land, but may also include other
			 Federal, State, tribal, or private land;
						(iii)in need of
			 active ecosystem restoration; and
						(iv)accessible by
			 existing or proposed wood-processing infrastructure at an appropriate scale to
			 use woody biomass and small-diameter wood removed in ecological restoration
			 treatments;
						(C)incorporates—
						(i)the best available
			 science and scientific application tools in ecological restoration strategies;
			 and
						(ii)the requirements
			 for old-growth maintenance, restoration, and management direction of paragraphs
			 (2), (3), and (4) of subsection (e) and the requirements for large-tree
			 retention of subsection (f) of section 102 of the Healthy Forests Restoration
			 Act of 2003 (16 U.S.C. 6512); and
						(D)does not include
			 the establishment of permanent roads;
					(2)be developed and
			 implemented through a collaborative process that—
					(A)includes multiple
			 stakeholders representing diverse interests;
					(B)(i)is transparent and
			 nonexclusive; or
						(ii)meets the
			 requirements for a resource advisory committee under section 205 of the Secure
			 Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 500 note;
			 Public Law 106–393); and
						(C)has an established
			 record of successful planning and implementation of ecological restoration
			 projects on National Forest System land;
					(3)describe plans
			 to—
					(A)use fire for
			 ecological restoration and maintenance, where appropriate;
					(B)improve fish and
			 wildlife habitat, including for endangered, threatened, and sensitive
			 species;
					(C)maintain or
			 improve water quality;
					(D)prevent,
			 remediate, or control invasions of exotic species;
					(E)maintain or
			 decommission roads;
					(F)use woody biomass
			 and small-diameter trees produced from projects implementing the landscape
			 restoration strategy;
					(G)report annually on
			 performance, including through performance measures from the Plan;
					(H)develop small
			 business incubators and provide employment and training opportunities to people
			 in rural communities, including contracts for monitoring activities,
			 through—
						(i)local private,
			 nonprofit, or cooperative entities;
						(ii)Youth
			 Conservation Corps crews or related partnerships, with State, local, and
			 non-profit youth groups;
						(iii)small or
			 micro-businesses; or
						(iv)other entities
			 that will hire or train a significant percentage of local people to complete
			 such contracts; and
						(I)take into account
			 any applicable community wildfire protection plan (as defined in section 101 of
			 the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511));
					(4)analyze the
			 anticipated cost savings resulting from—
					(A)reduced wildfire
			 management costs; and
					(B)a decrease in the
			 unit costs of implementing ecological restoration treatments over time;
					(5)estimate—
					(A)the annual Federal
			 funding necessary to implement the proposal; and
					(B)the amount of new
			 non-Federal investment for carrying out the proposal that would be leveraged by
			 Federal funding for ecological restoration treatments; and
					(6)be subject to any
			 other requirements that the Secretary determines to be necessary for the
			 efficient and effective administration of the program.
				(c)Nomination
			 Process
				(1)SubmissionCollaborative
			 forest landscape restoration proposals shall be submitted to the appropriate
			 Regional Forester for consideration.
				(2)NominationA
			 Regional Forester may nominate collaborative forest landscape restoration
			 proposals for selection by the Secretary.
				(3)DocumentationWith
			 respect to each collaborative forest landscape restoration proposal that is
			 nominated under paragraph (2)—
					(A)the appropriate
			 Regional Forester shall—
						(i)include a proposal
			 to use Federal funds allocated to the region to fund those costs of planning
			 and carrying out ecological restoration treatments on National Forest land
			 consistent with the landscape restoration strategy that would not be covered by
			 amounts transferred to the Secretary from the Fund; and
						(ii)provide evidence
			 that amounts proposed to be transferred to the Secretary from the Fund during
			 the first 2 years following selection would be used to carry out ecological
			 restoration treatments consistent with the landscape restoration strategy
			 during the same fiscal year in which the funds are transferred to the
			 Secretary;
						(B)if actions under
			 the jurisdiction of the Secretary of the Interior are proposed, the nomination
			 shall require—
						(i)the concurrence of
			 the appropriate official of the Department of the Interior; and
						(ii)a proposal to
			 fund ecological restoration treatments consistent with the landscape
			 restoration strategy that would be carried out by the Secretary of the
			 Interior; and
						(C)if actions on land
			 not under the jurisdiction of the Secretary or the Secretary of the Interior
			 are proposed, the appropriate Regional Forester shall provide evidence that the
			 landowner intends to participate in, and provide appropriate funding to carry
			 out, the actions.
					(d)Selection
			 process
				(1)In
			 generalAfter consulting with any scientific and technical
			 advisory panels established under subsection (e), the Secretary, in
			 consultation with the Secretary of the Interior, shall, subject to paragraph
			 (2), select the best collaborative forest landscape restoration proposals
			 that—
					(A)have been
			 nominated under subsection (c)(2); and
					(B)meet the
			 eligibility criteria established by subsection (b).
					(2)CriteriaIn
			 selecting collaborative forest landscape restoration proposals under paragraph
			 (1), the Secretary shall give special consideration to—
					(A)the strength of
			 the ecological case of the proposal for landscape restoration and the proposed
			 restoration strategies;
					(B)the strength of
			 the collaborative process;
					(C)whether the
			 proposal would reduce the relative costs of carrying out treatments as a result
			 of the use of woody biomass and small-diameter trees;
					(D)whether the
			 proposal is likely to achieve reductions in long-term wildfire management
			 costs;
					(E)the strength of
			 the landscape restoration proposal and strategy; and
					(F)whether an
			 appropriate level of non-Federal investment would be leveraged in carrying out
			 the proposal.
					(3)LimitationThe
			 Secretary may select not more than—
					(A)10 collaborative
			 forest landscape restoration proposals to be funded during any given year;
			 and
					(B)2 collaborative
			 forest landscape restoration proposals in any 1 region of the National Forest
			 System to be funded during any given year.
					(e)Advisory
			 panels
				(1)Scientific
			 advisory panelThe Secretary shall establish a scientific
			 advisory panel comprised of not more than 12 experts in ecological forest
			 restoration and fire ecology to evaluate, and provide recommendations on, any
			 proposal that has been nominated under subsection (c)(2) and meets the
			 eligibility criteria established by subsection (b) with respect to—
					(A)the strength of
			 the ecological case of the proposal for landscape restoration and the proposed
			 restoration strategies; and
					(B)whether the
			 proposal is likely to achieve reductions in long-term wildfire management
			 costs.
					(2)Technical
			 advisory panelThe Secretary may establish a technical advisory
			 panel comprised of experts in rural business development and the use of woody
			 biomass and small-diameter trees to evaluate, and provide recommendations on,
			 any proposal that has been nominated under subsection (c)(2) and meets the
			 eligibility criteria established by subsection (b) with respect to whether the
			 proposal is likely to reduce the relative costs of carrying out treatments as a
			 result of the use of woody biomass and small-diameter trees and provide local
			 economic benefit.
				(f)Collaborative
			 Forest Landscape Restoration Fund
				(1)EstablishmentThere
			 is established in the Treasury of the United States a fund, to be known as the
			 Collaborative Forest Landscape Restoration Fund, to be used to
			 pay up to 50 percent of the cost of carrying out ecological restoration
			 treatments on National Forest System land for each collaborative forest
			 landscape restoration proposal selected to be carried out under subsection (d),
			 consisting of—
					(A)such amounts as
			 are appropriated to the Fund under paragraph (5); and
					(B)any interest
			 earned on investment of amounts in the Fund under paragraph (3).
					(2)Expenditures
			 From FundOn request by the Secretary, the Secretary of the
			 Treasury shall transfer from the Fund to the Secretary of Agriculture such
			 amounts as the Secretary of Agriculture determines are necessary to carry out
			 ecological restoration treatments under paragraph (1).
				(3)Investment of
			 Amounts
					(A)In
			 generalThe Secretary of the Treasury shall invest such portion
			 of the Fund as is not, in the judgment of the Secretary of the Treasury, after
			 consulting with the Secretary, required to meet current withdrawals.
					(B)Interest-bearing
			 obligationsInvestments may be made only in interest-bearing
			 obligations of the United States.
					(C)Acquisition of
			 obligationsFor the purpose of investments under subparagraph
			 (A), obligations may be acquired—
						(i)on original issue
			 at the issue price; or
						(ii)by purchase of
			 outstanding obligations at the market price.
						(D)Sale of
			 obligationsAny obligation acquired by the Fund may be sold by
			 the Secretary of the Treasury at the market price.
					(E)Credits to
			 fundThe interest on, and the proceeds from the sale or
			 redemption of, any obligations held in the Fund shall be credited to and form a
			 part of the Fund.
					(4)Accounting and
			 Reporting SystemThe Secretary shall establish an accounting and
			 reporting system for the Fund.
				(5)Authorization of
			 AppropriationsThere is authorized to be appropriated to the Fund
			 $40,000,000 for each of fiscal years 2008 through 2018, to remain available
			 until expended.
				(g)Program
			 Implementation and Monitoring
				(1)Work
			 PlanNot later than 180 days after the date on which a
			 collaborative forest landscape restoration proposal is selected to be carried
			 out, the Secretary shall create, in collaboration with the interested
			 stakeholders, an implementation work plan and budget to implement the
			 collaborative forest landscape restoration proposal that includes—
					(A)a description of
			 the manner in which the proposal would be implemented to achieve ecological and
			 community economic benefit, including capacity building to accomplish
			 restoration;
					(B)a business plan
			 that addresses—
						(i)the anticipated
			 unit treatment cost reductions over 10 years;
						(ii)the anticipated
			 costs for infrastructure needed for the proposal;
						(iii)the projected
			 sustainability of the supply of woody biomass and small-diameter trees removed
			 in ecological restoration treatments; and
						(iv)the projected
			 local economic benefits of the proposal; and
						(C)documentation of
			 the non-Federal investment in the priority landscape, including the sources and
			 uses of the investments.
					(2)Project
			 implementationAmounts transferred to the Secretary from the Fund
			 shall be used to carry out ecological restoration treatments that are—
					(A)consistent with
			 the landscape restoration proposal and strategy; and
					(B)identified through
			 the collaborative process described in subsection (b)(2).
					(3)Annual
			 ReportAnnually, the Secretary, in collaboration with the
			 Secretary of the Interior and interested stakeholders, shall prepare a report
			 on the accomplishments of each selected collaborative forest landscape
			 restoration proposal that includes—
					(A)a description of
			 all acres (or other appropriate unit) treated and restored through projects
			 implementing the landscape restoration strategy;
					(B)an evaluation of
			 progress, including performance measures and how prior year evaluations have
			 contributed to improved project performance;
					(C)a description of
			 community benefits achieved, including any local economic benefits;
					(D)the results of the
			 multiparty monitoring, evaluation, and accountability process under paragraph
			 (4); and
					(E)a summary of the
			 costs of—
						(i)treatments;
			 and
						(ii)relevant fire
			 management activities.
						(4)Multiparty
			 MonitoringThe Secretary shall, in collaboration with the
			 Secretary of the Interior and interested stakeholders, use a multiparty
			 monitoring, evaluation, and accountability process to assess the positive or
			 negative ecological, social, and economic effects of each project implementing
			 a selected collaborative forest landscape restoration proposal for not less
			 than 15 years after project implementation commences.
				(h)ReportNot
			 later than 5 years after the first fiscal year in which funding is made
			 available to carry out ecological restoration projects under the program, and
			 every 5 years thereafter, the Secretary, in consultation with the Secretary of
			 the Interior, shall submit a report on the program, including an assessment of
			 whether, and to what extent, the program is fulfilling the purposes of this
			 Act, to—
				(1)the Committee on
			 Energy and Natural Resources of the Senate;
				(2)the Committee on
			 Appropriations of the Senate;
				(3)the Committee on
			 Natural Resources of the House of Representatives; and
				(4)the Committee on
			 Appropriations of the House of Representatives.

		1.Short titleThis Act may be cited as the
			 Forest Landscape Restoration Act of
			 2008.
		2.PurposeThe purpose of this Act is to encourage the
			 collaborative, science-based ecosystem restoration of priority forest
			 landscapes through a process that—
			(1)encourages ecological,
			 economic, and social sustainability;
			(2)leverages local resources
			 with national and private resources;
			(3)facilitates the reduction
			 of wildfire management costs, including through reestablishing natural fire
			 regimes and reducing the risk of uncharacteristic wildfire; and
			(4)demonstrates the degree
			 to which—
				(A)various ecological
			 restoration techniques—
					(i)achieve ecological and
			 watershed health objectives; and
					(ii)affect wildfire activity
			 and management costs; and
					(B)the use of forest
			 restoration byproducts can offset treatment costs while benefitting local rural
			 economies and improving forest health.
				3.DefinitionsIn this Act:
			(1)FundThe
			 term Fund means the Collaborative Forest Landscape Restoration
			 Fund established by section 4(f).
			(2)ProgramThe term program means the
			 Collaborative Forest Landscape Restoration Program established under section
			 4(a).
			(3)ProposalThe
			 term proposal means a collaborative forest landscape restoration
			 proposal described in section 4(b).
			(4)SecretaryThe
			 term Secretary means the Secretary of Agriculture, acting through
			 the Chief of the Forest Service.
			(5)StrategyThe
			 term strategy means a landscape restoration strategy described in
			 section 4(b)(1).
			4.Collaborative forest
			 landscape restoration program
			(a)In
			 generalThe Secretary, in
			 consultation with the Secretary of the Interior, shall establish a
			 Collaborative Forest Landscape Restoration Program to select and fund
			 ecological restoration treatments for priority forest landscapes in accordance
			 with—
				(1)the
			 Endangered Species Act of 1973 (16
			 U.S.C. 1531 et seq.);
				(2)the
			 National Environmental Policy Act of
			 1969 (42 U.S.C. 4321 et seq.); and
				(3)any other applicable
			 law.
				(b)Eligibility
			 criteriaTo be eligible for nomination under subsection (c), a
			 collaborative forest landscape restoration proposal shall—
				(1)be based on a landscape
			 restoration strategy that—
					(A)is complete or
			 substantially complete;
					(B)identifies and
			 prioritizes ecological restoration treatments for a 10-year period within a
			 landscape that is—
						(i)at least 50,000
			 acres;
						(ii)comprised primarily of
			 forested National Forest System land, but may also include land under the
			 jurisdiction of the Bureau of Land Management, land under the jurisdiction of
			 the Bureau of Indian Affairs, or other Federal, State, tribal, or private
			 land;
						(iii)in need of active
			 ecosystem restoration; and
						(iv)accessible by existing
			 or proposed wood-processing infrastructure at an appropriate scale to use woody
			 biomass and small-diameter wood removed in ecological restoration
			 treatments;
						(C)incorporates the best
			 available science and scientific application tools in ecological restoration
			 strategies;
					(D)fully maintains, or
			 contributes toward the restoration of, the structure and composition of old
			 growth stands according to the pre-fire suppression old growth conditions
			 characteristic of the forest type, taking into account the contribution of the
			 stand to landscape fire adaptation and watershed health and retaining the large
			 trees contributing to old growth structure;
					(E)would carry out any
			 forest restoration treatments that reduce hazardous fuels by—
						(i)focusing on small
			 diameter trees, thinning, strategic fuel breaks, and fire use to modify fire
			 behavior, as measured by the projected reduction of uncharacteristically severe
			 wildfire effects for the forest type (such as adverse soil impacts, tree
			 mortality or other impacts); and
						(ii)maximizing the retention
			 of large trees, as appropriate for the forest type, to the extent that the
			 trees promote fire-resilient stands; and
						(F)(i)does not include the
			 establishment of permanent roads; and
						(ii)would commit funding to
			 decommission all temporary roads constructed to carry out the strategy;
						(2)be developed and
			 implemented through a collaborative process that—
					(A)includes multiple
			 interested persons representing diverse interests; and
					(B)(i)is transparent and
			 nonexclusive; or
						(ii)meets the requirements
			 for a resource advisory committee under subsections (c) through (f) of section
			 205 of Public Law 106–393 (16 U.S.C. 500 note);
						(3)describe plans to—
					(A)reduce the risk of
			 uncharacteristic wildfire, including through the use of fire for ecological
			 restoration and maintenance and reestablishing natural fire regimes, where
			 appropriate;
					(B)improve fish and wildlife
			 habitat, including for endangered, threatened, and sensitive species;
					(C)maintain or improve water
			 quality and watershed function;
					(D)prevent, remediate, or
			 control invasions of exotic species;
					(E)maintain, decommission,
			 and rehabilitate roads and trails;
					(F)use woody biomass and
			 small-diameter trees produced from projects implementing the strategy;
					(G)report annually on
			 performance, including through performance measures from the plan entitled the
			 10 Year Comprehensive Strategy Implementation Plan and dated
			 December 2006; and
					(H)take into account any
			 applicable community wildfire protection plan;
					(4)analyze any anticipated
			 cost savings, including those resulting from—
					(A)reduced wildfire
			 management costs; and
					(B)a decrease in the unit
			 costs of implementing ecological restoration treatments over time;
					(5)estimate—
					(A)the annual Federal
			 funding necessary to implement the proposal; and
					(B)the amount of new
			 non-Federal investment for carrying out the proposal that would be
			 leveraged;
					(6)describe the
			 collaborative process through which the proposal was developed, including a
			 description of—
					(A)participation by or
			 consultation with State, local, and Tribal governments; and
					(B)any established record of
			 successful collaborative planning and implementation of ecological restoration
			 projects on National Forest System land and other land included in the proposal
			 by the collaborators; and
					(7)benefit local economies
			 by providing local employment or training opportunities through contracts,
			 grants, or agreements for restoration planning, design, implementation, or
			 monitoring with—
					(A)local private, nonprofit,
			 or cooperative entities;
					(B)Youth Conservation Corps
			 crews or related partnerships, with State, local, and non-profit youth
			 groups;
					(C)existing or proposed
			 small or micro-businesses, clusters, or incubators; or
					(D)other entities that will
			 hire or train local people to complete such contracts, grants, or agreements;
			 and
					(8)be subject to any other
			 requirements that the Secretary, in consultation with the Secretary of the
			 Interior, determines to be necessary for the efficient and effective
			 administration of the program.
				(c)Nomination
			 Process
				(1)SubmissionA
			 proposal shall be submitted to—
					(A)the appropriate Regional
			 Forester; and
					(B)if actions under the
			 jurisdiction of the Secretary of the Interior are proposed, the
			 appropriate—
						(i)State Director of the
			 Bureau of Land Management;
						(ii)Regional Director of the
			 Bureau of Indian Affairs; or
						(iii)other official of the
			 Department of the Interior.
						(2)Nomination
					(A)In
			 generalA Regional Forester may nominate for selection by the
			 Secretary any proposals that meet the eligibility criteria established by
			 subsection (b).
					(B)ConcurrenceAny
			 proposal nominated by the Regional Forester that proposes actions under the
			 jurisdiction of the Secretary of the Interior shall include the concurrence of
			 the appropriate—
						(i)State Director of the
			 Bureau of Land Management;
						(ii)Regional Director of the
			 Bureau of Indian Affairs; or
						(iii)other official of the
			 Department of the Interior.
						(3)DocumentationWith
			 respect to each proposal that is nominated under paragraph (2)—
					(A)the appropriate Regional
			 Forester shall—
						(i)include a plan to use
			 Federal funds allocated to the region to fund those costs of planning and
			 carrying out ecological restoration treatments on National Forest System land,
			 consistent with the strategy, that would not be covered by amounts transferred
			 to the Secretary from the Fund; and
						(ii)provide evidence that
			 amounts proposed to be transferred to the Secretary from the Fund during the
			 first 2 fiscal years following selection would be used to carry out ecological
			 restoration treatments consistent with the strategy during the same fiscal year
			 in which the funds are transferred to the Secretary;
						(B)if actions under the
			 jurisdiction of the Secretary of the Interior are proposed, the nomination
			 shall include a plan to fund such actions, consistent with the strategy, by the
			 appropriate—
						(i)State Director of the
			 Bureau of Land Management;
						(ii)Regional Director of the
			 Bureau of Indian Affairs; or
						(iii)other official of the
			 Department of the Interior; and
						(C)if actions on land not
			 under the jurisdiction of the Secretary or the Secretary of the Interior are
			 proposed, the appropriate Regional Forester shall provide evidence that the
			 landowner intends to participate in, and provide appropriate funding to carry
			 out, the actions.
					(d)Selection
			 process
				(1)In
			 generalAfter consulting with the advisory panel established
			 under subsection (e), the Secretary, in consultation with the Secretary of the
			 Interior, shall, subject to paragraph (2), select the best proposals
			 that—
					(A)have been nominated under
			 subsection (c)(2); and
					(B)meet the eligibility
			 criteria established by subsection (b).
					(2)CriteriaIn
			 selecting proposals under paragraph (1), the Secretary shall give special
			 consideration to—
					(A)the strength of the
			 proposal and strategy;
					(B)the strength of the
			 ecological case of the proposal and the proposed ecological restoration
			 strategies;
					(C)the strength of the
			 collaborative process and the likelihood of successful collaboration throughout
			 implementation;
					(D)whether the proposal is
			 likely to achieve reductions in long-term wildfire management costs;
					(E)whether the proposal
			 would reduce the relative costs of carrying out ecological restoration
			 treatments as a result of the use of woody biomass and small-diameter trees;
			 and
					(F)whether an appropriate
			 level of non-Federal investment would be leveraged in carrying out the
			 proposal.
					(3)LimitationThe
			 Secretary may select not more than—
					(A)10 proposals to be funded
			 during any fiscal year;
					(B)2 proposals in any 1
			 region of the National Forest System to be funded during any fiscal year;
			 and
					(C)the number of proposals
			 that the Secretary determines are likely to receive adequate funding.
					(e)Advisory panel
				(1)In
			 generalThe Secretary shall establish and maintain an advisory
			 panel comprised of not more than 15 members to evaluate, and provide
			 recommendations on, each proposal that has been nominated under subsection
			 (c)(2).
				(2)RepresentationThe
			 Secretary shall ensure that the membership of the advisory panel is fairly
			 balanced in terms of the points of view represented and the functions to be
			 performed by the advisory panel.
				(3)InclusionThe
			 advisory panel shall include experts in ecological restoration, fire ecology,
			 fire management, rural economic development, strategies for ecological
			 adaptation to climate change, fish and wildlife ecology, and woody biomass and
			 small-diameter tree utilization.
				(f)Collaborative Forest
			 Landscape Restoration Fund
				(1)EstablishmentThere
			 is established in the Treasury of the United States a fund, to be known as the
			 Collaborative Forest Landscape Restoration Fund, to be used to
			 pay up to 50 percent of the cost of carrying out and monitoring ecological
			 restoration treatments on National Forest System land for each proposal
			 selected to be carried out under subsection (d).
				(2)InclusionThe
			 cost of carrying out ecological restoration treatments as provided in paragraph
			 (1) may, as the Secretary determines to be appropriate, include cancellation
			 and termination costs required to be obligated for contracts to carry out
			 ecological restoration treatments on National Forest System land for each
			 proposal selected to be carried out under subsection (d).
				(3)ContentsThe
			 Fund shall consist of such amounts as are appropriated to the Fund under
			 paragraph (6).
				(4)Expenditures From
			 Fund
					(A)In
			 generalOn request by the Secretary, the Secretary of the
			 Treasury shall transfer from the Fund to the Secretary such amounts as the
			 Secretary determines are appropriate, in accordance with paragraph (1).
					(B)LimitationThe
			 Secretary shall not expend money from the Fund on any 1 proposal—
						(i)during a period of more
			 than 10 fiscal years; or
						(ii)in excess of $4,000,000
			 in any 1 fiscal year.
						(5)Accounting and
			 Reporting SystemThe Secretary shall establish an accounting and
			 reporting system for the Fund.
				(6)Authorization of
			 AppropriationsThere is authorized to be appropriated to the Fund
			 $40,000,000 for each of fiscal years 2009 through 2019, to remain available
			 until expended.
				(g)Program Implementation
			 and Monitoring
				(1)Work
			 PlanNot later than 180 days after the date on which a proposal
			 is selected to be carried out, the Secretary shall create, in collaboration
			 with the interested persons, an implementation work plan and budget to
			 implement the proposal that includes—
					(A)a description of the
			 manner in which the proposal would be implemented to achieve ecological and
			 community economic benefit, including capacity building to accomplish
			 restoration;
					(B)a business plan that
			 addresses—
						(i)the anticipated unit
			 treatment cost reductions over 10 years;
						(ii)the anticipated costs
			 for infrastructure needed for the proposal;
						(iii)the projected
			 sustainability of the supply of woody biomass and small-diameter trees removed
			 in ecological restoration treatments; and
						(iv)the projected local
			 economic benefits of the proposal; and
						(C)documentation of the
			 non-Federal investment in the priority landscape, including the sources and
			 uses of the investments; and
					(D)a plan to decommission
			 any temporary roads established to carry out the proposal.
					(2)Project
			 implementationAmounts transferred to the Secretary from the Fund
			 shall be used to carry out ecological restoration treatments that are—
					(A)consistent with the
			 proposal and strategy; and
					(B)identified through the
			 collaborative process described in subsection (b)(2).
					(3)Annual
			 ReportThe Secretary, in collaboration with the Secretary of the
			 Interior and interested persons, shall prepare an annual report on the
			 accomplishments of each selected proposal that includes—
					(A)a description of all
			 acres (or other appropriate unit) treated and restored through projects
			 implementing the strategy;
					(B)an evaluation of
			 progress, including performance measures and how prior year evaluations have
			 contributed to improved project performance;
					(C)a description of
			 community benefits achieved, including any local economic benefits;
					(D)the results of the
			 multiparty monitoring, evaluation, and accountability process under paragraph
			 (4); and
					(E)a summary of the costs
			 of—
						(i)treatments; and
						(ii)relevant fire management
			 activities.
						(4)Multiparty
			 MonitoringThe Secretary shall, in collaboration with the
			 Secretary of the Interior and interested persons, use a multiparty monitoring,
			 evaluation, and accountability process to assess the positive or negative
			 ecological, social, and economic effects of projects implementing a selected
			 proposal for not less than 15 years after project implementation
			 commences.
				(h)ReportNot
			 later than 5 years after the first fiscal year in which funding is made
			 available to carry out ecological restoration projects under the program, and
			 every 5 years thereafter, the Secretary, in consultation with the Secretary of
			 the Interior, shall submit a report on the program, including an assessment of
			 whether, and to what extent, the program is fulfilling the purposes of this
			 Act, to—
				(1)the Committee on Energy
			 and Natural Resources of the Senate;
				(2)the Committee on
			 Appropriations of the Senate;
				(3)the Committee on Natural
			 Resources of the House of Representatives; and
				(4)the Committee on
			 Appropriations of the House of Representatives.
				(i)Authorization of
			 appropriationsThere are authorized to be appropriated to the
			 Secretary and the Secretary of the Interior such sums as are necessary to carry
			 out this Act.

		June 16, 2008
		Reported with an amendment


		II

		109th CONGRESS

		1st Session

		S. 399

		IN THE SENATE OF THE UNITED STATES

			February 16, 2005

			Mr. Coleman (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 amend the Federal Food, Drug, and

		  Cosmetic Act with respect to the sale of prescription drugs through the

		  Internet, and for other purposes.

			1.

			Short title

			This Act may be cited as the

			 Internet Pharmacy Consumer Protection

			 Act or the Ryan Haight Act.

			2.

			Internet sales of prescription drugs

				(a)

				In general

				Chapter 5 of the

			 Federal Food, Drug, and Cosmetic Act

			 (21 U.S.C. 351 et seq.) is amended by inserting after section 503A the

			 following section:

						503B.

						Internet sales of prescription drugs

							(a)

							Requirements regarding information on Internet site

								(1)

								In general

								A person may not dispense a

				prescription drug pursuant to a sale of the drug by such person if—

									(A)

									the purchaser of the drug

				submitted the purchase order for the drug, or conducted any other part of the

				sales transaction for the drug, through an Internet site;

									(B)

									the person dispenses the

				drug to the purchaser by mailing or shipping the drug to the purchaser;

				and

									(C)

									such site, or any other

				Internet site used by such person for purposes of sales of a prescription drug,

				fails to meet each of the requirements specified in paragraph (2), other than a

				site or pages on a site that—

										(i)

										are not intended to be

				accessed by purchasers or prospective purchasers; or

										(ii)

										provide an Internet

				information location tool within the meaning of section 231(e)(5) of the

				Communications Act of 1934 (47 U.S.C. 231(e)(5)).

								(2)

								Requirements

								With respect to an Internet

				site, the requirements referred to in subparagraph (C) of paragraph (1) for a

				person to whom such paragraph applies are as follows:

									(A)

									Each page of the site shall

				include either the following information or a link to a page that provides the

				following information:

										(i)

										The name of such

				person.

										(ii)

										Each State in which the

				person is authorized by law to dispense prescription drugs.

										(iii)

										The address and telephone

				number of each place of business of the person with respect to sales of

				prescription drugs through the Internet, other than a place of business that

				does not mail or ship prescription drugs to purchasers.

										(iv)

										The name of each individual

				who serves as a pharmacist for prescription drugs that are mailed or shipped

				pursuant to the site, and each State in which the individual is authorized by

				law to dispense prescription drugs.

										(v)

										If the person provides for

				medical consultations through the site for purposes of providing prescriptions,

				the name of each individual who provides such consultations; each State in

				which the individual is licensed or otherwise authorized by law to provide such

				consultations or practice medicine; and the type or types of health professions

				for which the individual holds such licenses or other authorizations.

									(B)

									A link to which paragraph

				(1) applies shall be displayed in a clear and prominent place and manner, and

				shall include in the caption for the link the words licensing and

				contact information.

							(b)

							Internet sales without appropriate medical

				relationships

								(1)

								In general

								Except as provided in

				paragraph (2), a person may not dispense a prescription drug, or sell such a

				drug, if—

									(A)

									for purposes of such

				dispensing or sale, the purchaser communicated with the person through the

				Internet;

									(B)

									the patient for whom the

				drug was dispensed or purchased did not, when such communications began, have a

				prescription for the drug that is valid in the United States;

									(C)

									pursuant to such

				communications, the person provided for the involvement of a practitioner, or

				an individual represented by the person as a practitioner, and the practitioner

				or such individual issued a prescription for the drug that was

				purchased;

									(D)

									the person knew, or had

				reason to know, that the practitioner or the individual referred to in

				subparagraph (C) did not, when issuing the prescription, have a qualifying

				medical relationship with the patient; and

									(E)

									the person received payment

				for the dispensing or sale of the drug.

								For purposes of subparagraph (E),

				payment is received if money or other valuable consideration is

				received.

								(2)

								Exceptions

								Paragraph (1) does not

				apply to—

									(A)

									the dispensing or selling

				of a prescription drug pursuant to telemedicine practices sponsored by—

										(i)

										a hospital that has in

				effect a provider agreement under title XVIII of the Social Security Act

				(relating to the Medicare program); or

										(ii)

										a group practice that has

				not fewer than 100 physicians who have in effect provider agreements under such

				title; or

									(B)

									the dispensing or selling

				of a prescription drug pursuant to practices that promote the public health, as

				determined by the Secretary by regulation.

								(3)

								Qualifying medical relationship

									(A)

									In general

									With respect to issuing a

				prescription for a drug for a patient, a practitioner has a qualifying medical

				relationship with the patient for purposes of this section if—

										(i)

										at least one in-person

				medical evaluation of the patient has been conducted by the practitioner;

				or

										(ii)

										the practitioner conducts a

				medical evaluation of the patient as a covering practitioner.

									(B)

									In-person medical evaluation

									A medical evaluation by a

				practitioner is an in-person medical evaluation for purposes of this section if

				the practitioner is in the physical presence of the patient as part of

				conducting the evaluation, without regard to whether portions of the evaluation

				are conducted by other health professionals.

									(C)

									Covering practitioner

									With respect to a patient,

				a practitioner is a covering practitioner for purposes of this section if the

				practitioner conducts a medical evaluation of the patient at the request of a

				practitioner who has conducted at least one in-person medical evaluation of the

				patient and is temporarily unavailable to conduct the evaluation of the

				patient. A practitioner is a covering practitioner without regard to whether

				the practitioner has conducted any in-person medical evaluation of the patient

				involved.

								(4)

								Rules of construction

									(A)

									Individuals represented as practitioners

									A person who is not a

				practitioner (as defined in subsection (d)(1)) lacks legal capacity under this

				section to have a qualifying medical relationship with any patient.

									(B)

									Standard practice of pharmacy

									Paragraph (1) may not be

				construed as prohibiting any conduct that is a standard practice in the

				practice of pharmacy.

									(C)

									Applicability of requirements

									Paragraph (3) may not be

				construed as having any applicability beyond this section, and does not affect

				any State law, or interpretation of State law, concerning the practice of

				medicine.

							(c)

							Actions by States

								(1)

								In general

								Whenever an attorney

				general of any State has reason to believe that the interests of the residents

				of that State have been or are being threatened or adversely affected because

				any person has engaged or is engaging in a pattern or practice that violates

				section 301(l), the State may bring a civil action on behalf of its residents

				in an appropriate district court of the United States to enjoin such practice,

				to enforce compliance with such section (including a nationwide injunction), to

				obtain damages, restitution, or other compensation on behalf of residents of

				such State, to obtain reasonable attorneys fees and costs if the State prevails

				in the civil action, or to obtain such further and other relief as the court

				may deem appropriate.

								(2)

								Notice

								The State shall serve prior

				written notice of any civil action under paragraph (1) or (5)(B) upon the

				Secretary and provide the Secretary with a copy of its complaint, except that

				if it is not feasible for the State to provide such prior notice, the State

				shall serve such notice immediately upon instituting such action. Upon

				receiving a notice respecting a civil action, the Secretary shall have the

				right—

									(A)

									to intervene in such

				action;

									(B)

									upon so intervening, to be

				heard on all matters arising therein; and

									(C)

									to file petitions for

				appeal.

								(3)

								Construction

								For purposes of bringing

				any civil action under paragraph (1), nothing in this chapter shall prevent an

				attorney general of a State from exercising the powers conferred on the

				attorney general by the laws of such State to conduct investigations or to

				administer oaths or affirmations or to compel the attendance of witnesses or

				the production of documentary and other evidence.

								(4)

								Venue; service of process

								Any civil action brought

				under paragraph (1) in a district court of the United States may be brought in

				the district in which the defendant is found, is an inhabitant, or transacts

				business or wherever venue is proper under section 1391 of title 28, United

				States Code. Process in such an action may be served in any district in which

				the defendant is an inhabitant or in which the defendant may be found.

								(5)

								Actions by other State officials

									(A)

									Nothing contained in this

				section shall prohibit an authorized State official from proceeding in State

				court on the basis of an alleged violation of any civil or criminal statute of

				such State.

									(B)

									In addition to actions

				brought by an attorney general of a State under paragraph (1), such an action

				may be brought by officers of such State who are authorized by the State to

				bring actions in such State on behalf of its residents.

							(d)

							General definitions

							For purposes of this

				section:

								(1)

								The term

				practitioner means a practitioner referred to in section 503(b)(1)

				with respect to issuing a written or oral prescription.

								(2)

								The term prescription

				drug means a drug that is subject to section 503(b)(1).

								(3)

								The term qualifying

				medical relationship, with respect to a practitioner and a patient, has

				the meaning indicated for such term in subsection (b).

							(e)

							Internet-Related definitions

								(1)

								In general

								For purposes of this

				section:

									(A)

									The term

				Internet means collectively the myriad of computer and

				telecommunications facilities, including equipment and operating software,

				which comprise the interconnected world-wide network of networks that employ

				the transmission control protocol/internet protocol, or any predecessor or

				successor protocols to such protocol, to communicate information of all kinds

				by wire or radio.

									(B)

									The term link,

				with respect to the Internet, means one or more letters, words, numbers,

				symbols, or graphic items that appear on a page of an Internet site for the

				purpose of serving, when activated, as a method for executing an electronic

				command—

										(i)

										to move from viewing one

				portion of a page on such site to another portion of the page;

										(ii)

										to move from viewing one

				page on such site to another page on such site; or

										(iii)

										to move from viewing a page

				on one Internet site to a page on another Internet site.

									(C)

									The term page,

				with respect to the Internet, means a document or other file accessed at an

				Internet site.

									(D)

									(i)

										The terms site

				and address, with respect to the Internet, mean a specific

				location on the Internet that is determined by Internet Protocol numbers. Such

				term includes the domain name, if any.

										(ii)

										The term domain

				name means a method of representing an Internet address without direct

				reference to the Internet Protocol numbers for the address, including methods

				that use designations such as .com, .edu,

				.gov, .net, or .org.

										(iii)

										The term Internet

				Protocol numbers includes any successor protocol for determining a

				specific location on the Internet.

								(2)

								Authority of secretary

								The Secretary may by

				regulation modify any definition under paragraph (1) to take into account

				changes in technology.

							(f)

							Interactive computer service; advertising

							No provider of an

				interactive computer service, as defined in section 230(f)(2) of the

				Communications Act of 1934 (47 U.S.C. 230(f)(2)), or of advertising services

				shall be liable under this section for dispensing or selling prescription drugs

				in violation of this section on account of another person’s selling or

				dispensing such drugs, provided that the provider of the interactive computer

				service or of advertising services does not own or exercise corporate control

				over such person.

						.

				(b)

				Inclusion as prohibited act

				Section 301 of the

			 Federal Food, Drug, and Cosmetic Act

			 (21 U.S.C. 331) is amended by inserting after paragraph (k) the

			 following:

						(l)

						The dispensing or selling

				of a prescription drug in violation of section 503B.

					.

				(c)

				Internet sales of prescription drugs; consideration by

			 Secretary of practices and procedures for certification of legitimate

			 businesses

				In carrying out section 503B

			 of the Federal Food, Drug, and Cosmetic

			 Act (as added by subsection (a) of this section), the Secretary of

			 Health and Human Services shall take into consideration the practices and

			 procedures of public or private entities that certify that businesses selling

			 prescription drugs through Internet sites are legitimate businesses, including

			 practices and procedures regarding disclosure formats and verification

			 programs.

				(d)

				Reports regarding Internet-Related violations of State and

			 Federal laws on dispensing of drugs

					(1)

					In general

					The Secretary of Health and

			 Human Services (referred to in this subsection as the Secretary)

			 shall, pursuant to the submission of an application meeting the criteria of the

			 Secretary, make an award of a grant or contract to the National Clearinghouse

			 on Internet Prescribing (operated by the Federation of State Medical Boards)

			 for the purpose of—

						(A)

						identifying Internet sites

			 that appear to be in violation of State or Federal laws concerning the

			 dispensing of drugs;

						(B)

						reporting such sites to State

			 medical licensing boards and State pharmacy licensing boards, and to the

			 Attorney General and the Secretary, for further investigation; and

						(C)

						submitting, for each fiscal

			 year for which the award under this subsection is made, a report to the

			 Secretary describing investigations undertaken with respect to violations

			 described in subparagraph (A).

					(2)

					Authorization of appropriations

					For the purpose of carrying

			 out paragraph (1), there is authorized to be appropriated $100,000 for each of

			 the fiscal years 2005 through 2007.

				(e)

				Effective date

				The amendments made by

			 subsections (a) and (b) take effect upon the expiration of the 60-day period

			 beginning on the date of the enactment of this Act, without regard to whether a

			 final rule to implement such amendments has been promulgated by the Secretary

			 of Health and Human Services under section 701(a) of the

			 Federal Food, Drug, and Cosmetic

			 Act. The preceding sentence may not be construed as affecting the

			 authority of such Secretary to promulgate such a final rule.


109 HR 2572 IH: Reservist Health Care Continuity Act
U.S. House of Representatives
2005-05-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2572
IN THE HOUSE OF REPRESENTATIVES

May 24, 2005
Mr. Andrews introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend title 38, United States Code, to require that employers of members of the National Guard and Reserve who are called to active duty continue to offer health care coverage for dependents of such members, and for other purposes.

1.Short titleThis Act may be cited as the Reservist Health Care Continuity Act.
2.Extension of employer health care coverage for entire period of absence for dependents of national guardsmen and reservists called to active dutySection 4317(a)(1)(A) of title 38, United States Code, is amended—
(1)by inserting (i) in the case of an employer with 20 or fewer employees after (A); and
(2)by adding at the end the following new clause:

(ii)in the case of an employer with more than 20 employees, the period of such absence; or.
3.Requirement for government reimbursement for employer share of health care premiumsSection 4317(a) of such title is further amended by adding at the end the following new paragraph:

(4)The Secretary of Defense shall reimburse an employer for the employer share of any premiums for health care coverage provided pursuant to this section to a person performing service in the uniformed services for each month during the period of such service..


109 HR 492 IH: To provide for the transfer of the U.S.S. IOWA to the Port of Stockton, California.
U.S. House of Representatives
2005-02-01
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
109th CONGRESS
1st Session
H. R. 492
IN THE HOUSE OF REPRESENTATIVES

February 1, 2005
Mr. Pombo introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To provide for the transfer of the U.S.S. IOWA to the Port of Stockton, California.

1.Transfer of U.S.S. IOWA
(a)Waiver of requirement for continued listing on Naval Vessel RegisterThe provisions of the following laws do not apply with respect to the U.S.S. IOWA (BB–61):
(1)Section 1011 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 421).
(2)Section 1011 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2118).
(b)TransferThe Secretary of the Navy shall—
(1)strike the U.S.S. IOWA (BB–61) from the Naval Vessel Register; and
(2)subject to the submission of a donation application for that vessel that is satisfactory to the Secretary, transfer that vessel to the Port of Stockton, California, subject to subsections (b) and (c) of section 7306 of title 10, United States Code.


 HR 451 ENR: To designate the facility of the United States Postal Service located at 500 North Brevard Avenue in Cocoa Beach, Florida, as the Richard K. Salick Post Office.
U.S. House of Representatives

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
One Hundred Thirteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
H. R. 451

AN ACT
To designate the facility of the United States Postal Service located at 500 North Brevard Avenue in Cocoa Beach, Florida, as the Richard K. Salick Post Office.

1.Richard K. Salick Post Office
(a)DesignationThe facility of the United States Postal Service located at 500 North Brevard Avenue in Cocoa Beach, Florida, shall be known and designated as the Richard K. Salick Post Office.
(b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Richard K. Salick Post Office.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


115 S2649 IS: Energy Infrastructure Demand Response Act of 2018
U.S. Senate
2018-04-11
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
		115th CONGRESS2d Session
		S. 2649
		IN THE SENATE OF THE UNITED STATES

			April 11, 2018
			Mr. Whitehouse introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

		A BILL
		To require the Secretary of Energy to establish a natural gas demand response pilot program, and
			 for other purposes.

		1.Short title
 This Act may be cited as the Energy Infrastructure Demand Response Act of 2018.
		2.Natural Gas Demand Response Pilot Program
 (a)DefinitionsIn this section: (1)CommissionThe term Commission means the Federal Energy Regulatory Commission.
 (2)Pilot programThe term pilot program means the natural gas demand response pilot program established under subsection (b)(1). (3)SecretaryThe term Secretary means the Secretary of Energy.
				(b)Establishment
 (1)In generalNot later than 150 days after the date of enactment of this Act, the Secretary, in consultation with the Commission, shall establish a natural gas demand response pilot program to use the latest demand response technology from the energy sector for natural gas—
 (A)to reduce the cost of energy for consumers; (B)to reduce market price volatility;
 (C)to increase reliability of the energy system; and (D)to achieve reductions in air emissions and other benefits.
					(2)Eligible entities
 (A)In generalExcept as provided in subparagraph (B), to be eligible to participate in the pilot program, an entity shall be—
 (i)a gas utility, including a local distribution company; (ii)a State public utilities commission;
 (iii)an electric utility, including a local distribution company; (iv)a municipality;
 (v)a large industrial consumer, large commercial consumer, or retail marketer of natural gas; or
 (vi)a third-party energy efficiency program administrator. (B)LimitationsAn entity described in any of clauses (ii) through (v) of subparagraph (A) shall not be eligible to participate in the pilot program if the State law to which the entity is subject specifically precludes the participation of the entity in a natural gas demand response pilot program.
 (3)RequirementThe Secretary shall carry out the pilot program under different scenarios, including in a region that is experiencing fuel shortages or natural gas infrastructure constraints that cause the cost of energy to increase for consumers.
				(4)Data collection
 (A)In generalIn carrying out the pilot program, the Secretary shall collect data, including data on, with respect to the regions in which the pilot program is carried out—
 (i)the reduction in natural gas usage;
 (ii)decreases in the frequency and severity of natural gas infrastructure constraints; and (iii)changes in energy costs and reliability.
 (B)ReportThe Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing—
 (i)how to improve data collection; (ii)the metrics that should be used to quantify natural gas demand response usage; and
 (iii)opportunities to improve the measurement and verification of changes in natural gas consumption resulting from natural gas demand response measures, including opportunities to collect data that could be used to estimate the quantity of natural gas that could be shifted through the implementation of natural gas demand response measures.
						(c)Applications; certification
 (1)In generalOn establishment of the pilot program under subsection (b)(1), the Secretary shall submit to all relevant eligible entities notice that the Secretary is accepting applications for the pilot program.
				(2)Submission of applications
 (A)In generalNot later than 200 days after the date of enactment of this Act, each eligible entity desiring certification to participate in the pilot program shall submit to the Secretary an application containing such information as the Secretary may require.
 (B)Authority to require certain informationThe Secretary may require as part of the application under subparagraph (A) information on— (i)the current energy prices and energy supply issues in the region in which the eligible entity is located; and
 (ii)how implementation of the pilot program in the region in which the eligible entity is located can alleviate the current energy prices and energy supply issues in the region.
 (3)CertificationNot later than 250 days after the date of enactment of this Act, the Secretary shall notify each eligible entity that applied for certification under paragraph (2)(A) of whether the eligible entity is certified to participate in the pilot program.
 (d)TerminationThe pilot program shall terminate on the date that is 2 years after the date on which the pilot program is established under subsection (b)(1).
 (e)Authorization of appropriationsThere is authorized to be appropriated to carry out the pilot program $4,000,000. 3.Technical study and report (a)StudyThe Secretary shall conduct a study on the potential for natural gas demand response across energy sectors and geographic regions.
 (b)ReportNot later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of study conducted under subsection (a), including—
 (1)a description and quantification of— (A)potential natural gas and energy savings and load shifting; and
 (B)the costs and benefits associated with those savings, including avoided energy costs, reduced market price volatility, improved electric and gas system reliability, deferred or avoided pipeline or utility capital investment, and air emissions reductions;
 (2)an identification of geographic areas that would benefit most from implementing demand response measures for natural gas infrastructure; and
 (3)a description of— (A)existing and emerging technologies that can be used for demand response in the natural gas sector; and
 (B)best practices for developing a strategy for deployment of those technologies in the natural gas sector.


116 HR 479 IH: Security and Fairness Enhancement for America Act of 2019
U.S. House of Representatives
2019-01-10
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.

I116th CONGRESS1st SessionH. R. 479IN THE HOUSE OF REPRESENTATIVESJanuary 10, 2019Mr. Posey introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the Immigration and Nationality Act to eliminate the diversity immigrant program.

 1.Short titleThis Act may be cited as— (1)the Security and Fairness Enhancement for America Act of 2019; or
 (2)the SAFE for America Act. 2.Elimination of diversity immigrant program (a)Worldwide level of diversity immigrantsSection 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended—
 (1)in subsection (a)— (A)by inserting and at the end of paragraph (1);
 (B)by striking ; and at the end of paragraph (2) and inserting a period; and (C)by striking paragraph (3); and
 (2)by striking subsection (e). (b)Allocation of diversity immigrant visasSection 203 of such Act (8 U.S.C. 1153) is amended—
 (1)by striking subsection (c); (2)in subsection (d), by striking (a), (b), or (c), and inserting (a) or (b),;
 (3)in subsection (e), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (4)in subsection (f), by striking (a), (b), or (c) and inserting (a) or (b); and
 (5)in subsection (g), by striking (a), (b), and (c) and inserting (a) and (b). (c)Procedure for granting immigrant statusSection 204 of such Act (8 U.S.C. 1154) is amended—
 (1)by striking subsection (a)(1)(I); and (2)in subsection (e), by striking (a), (b), or (c) and inserting (a) or (b).
 (d)Effective dateThe amendments made by this section shall take effect on October 1, 2019.


117 HR 2963 IH: VOW to Hire Heroes Extension Act of 2021
U.S. House of Representatives
2021-05-04
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.

I117th CONGRESS1st SessionH. R. 2963IN THE HOUSE OF REPRESENTATIVESMay 4, 2021Ms. Brownley introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes.1.Short titleThis Act may be cited as the VOW to Hire Heroes Extension Act of 2021.2.Extension of work opportunity credit for veterans(a)In generalSection 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: The preceding sentence shall not apply in the case of amounts paid or incurred to a qualified veteran..(b)Effective dateThe amendment made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.3.Simplified certification of veteran status(a)In generalSubparagraph (D) of section 51(d)(13) of the Internal Revenue Code of 1986 is amended to read as follows:(D)Pre-screening of qualified veterans(i)In generalSubparagraph (A) shall be applied without regard to subclause (II) of clause (ii) thereof in the case of an individual seeking treatment as a qualified veteran with respect to whom the pre-screening notice contains—(I)qualified veteran status documentation,(II)qualified proof of unemployment compensation, and(III)an affidavit furnished by the individual stating, under penalty of perjury, that the information provided under subclauses (I) and (II) is true.(ii)Qualified veteran status documentationFor purposes of clause (i), the term qualified veteran status documentation means any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces which includes information sufficient to establish that such individual is a veteran.(iii)Qualified proof of unemployment compensationFor purposes of clause (i), the term qualified proof of unemployment compensation means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date..(b)Effective dateThe amendment made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.4.Credit made available against payroll taxes in certain circumstances(a)In generalSection 52(c) of the Internal Revenue Code of 1986 is amended—(1)in the heading by striking Tax-exempt organizations and inserting Certain employers,(2)in paragraph (2)—(A)by striking qualified tax-exempt organizations in the heading and inserting certain employers, and(B)by striking by qualified tax-exempt organizations in the text and inserting by certain employers.(b)Credit allowed to certain for-Profit employers(1)In generalParagraph (1) of section 3111(e) of such Code is amended by inserting or a qualified for-profit employer after If a qualified tax-exempt organization.(2)Qualified for-profit employer definedParagraph (5) of section 3111(e) of such Code is amended by striking and at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph:(B)the term qualified for-profit employer means, with respect to a taxable year, an employer not described in subparagraph (A), but only if—(i)such employer does not have profits for any of the 3 taxable years preceding such taxable year, and(ii)such employer elects under section 51(j) not to have section 51 apply to such taxable year, and.(3)Conforming amendments(A)Section 3111(e)(1) of such Code is amended by striking with respect to whom a credit would be allowable under section 38 by reason of section 51 if the organization were not a qualified tax-exempt organization.(B)Paragraphs (1) and (2) of section 3111(e) of such Code are both amended by inserting or for-profit employer after employees of the organization each place it appears.(C)Section 3111(e)(3)(C) of such Code is amended by inserting in the case of a qualified tax-exempt organization, before by only taking into account.(D)Section 3111(e)(4) of such Code is amended by inserting or for-profit employer after the organization.(E)Section 3111(e)(5)(C) of such Code, as redesignated by paragraph (2), is amended to read as follows:(C)the term qualified veteran means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax-exempt organization or a qualified for-profit employer..(c)Transfers to Federal Old-Age and Survivors Insurance Trust FundThere are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsections (a) and (b). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted.(d)Effective dateThe amendments made by subsections (a) and (b) shall apply to individuals who begin work for the employer after the date of the enactment of this Act.5.ReportNot later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue, in consultation with the Secretary of Labor, shall report to the Congress on the effectiveness and cost-effectiveness of the amendments made by sections 2, 3, and 4 in increasing the employment of veterans. Such report shall include the results of a survey, conducted, if needed, in consultation with the Veterans' Employment and Training Service of the Department of Labor, to determine how many veterans are hired by each employer that claims the credit under section 51, by reason of subsection (d)(1)(B) thereof, or 3111(e) of the Internal Revenue Code of 1986.6.Treatment of Possessions(a)Payments to possessions(1)Mirror code possessionsThe Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendments made by this Act. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States.(2)Other possessionsThe Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this Act.(b)Coordination with credit allowed against United States income taxesThe credit allowed against United States income taxes for any taxable year under the amendments made by this Act to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in subsection (a)(2)) allowed to such person against income taxes imposed by the possession of the United States by reason of this section with respect to such qualified veteran for such taxable year.(c)Definitions and special rules(1)Possession of the united statesFor purposes of this section, the term possession of the United States includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands.(2)Mirror code tax systemFor purposes of this section, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.(3)Treatment of paymentsFor purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from credit provisions described in such section.