114 S1428 IS: Excess Uranium Transparency and Accountability Act
U.S. Senate
2015-05-21
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.

		II
		114th CONGRESS1st Session
		S. 1428
		IN THE SENATE OF THE UNITED STATES

			May 21, 2015
			Mr. Barrasso (for himself, Mr. Markey, Mr. Cornyn, and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

		A BILL
		To amend the USEC Privatization Act to require the Secretary of Energy to issue a long-term Federal
			 excess uranium
			 inventory management plan, and for other purposes.

		1.Short title
 This Act may be cited as the Excess Uranium Transparency and Accountability Act.
 2.Uranium transfers and salesSection 3112 of the USEC Privatization Act (42 U.S.C. 2297h–10) is amended— (1)by redesignating subsections (b) through (f) as subsections (d) through (h), respectively;
 (2)by striking subsection (a) and inserting the following:  (a)DefinitionsIn this section:
 (1)Depleted uraniumThe term depleted uranium means uranium having an assay less than the assay for— (A)natural uranium; or
 (B)0.711 percent of the uranium-235 isotope. (2)Highly enriched uraniumThe term highly enriched uranium means uranium having an assay of 20 percent or greater of the uranium-235 isotope.
 (3)Low-enriched uraniumThe term low-enriched uranium means uranium having an assay greater than 0.711 percent but less than 20 percent of the uranium-235 isotope.
 (4)Metric ton of uraniumThe term metric ton of uranium means 1,000 kilograms of uranium. (5)Natural uraniumThe term natural uranium means uranium having an assay of 0.711 percent of the uranium-235 isotope.
 (6)Off-spec uraniumThe term off-spec uranium means uranium in any form, including depleted uranium, highly enriched uranium, low-enriched uranium, natural uranium, UF6, and any byproduct of uranium processing, that does not meet the specification for commercial material (as defined by the standards of the American Society for Testing and Materials).
 (7)UraniumOther than in subsection (c), the term uranium includes natural uranium, uranium hexafluoride, highly enriched uranium, low-enriched uranium, depleted uranium, and any byproduct of uranium processing.
 (8)Uranium hexafluoride; UF6The terms uranium hexafluoride and UF6 mean uranium that has been combined with fluorine, to form a compound that, dependent on temperature and pressure, can be a solid, liquid, or gas.
 (b)Transfers and sales by the SecretaryThe Secretary shall not provide enrichment services, or transfer, sell or otherwise provide any uranium to any person except in accordance with this section.
					(c)Development of Federal excess uranium management plan
 (1)In generalBeginning on January 1, 2017, and not less frequently than once every 10 years thereafter, the Secretary shall issue a long-term Federal excess uranium inventory management plan (referred to in this section as the plan) that details the management of the excess uranium inventories of the Department of Energy and covers a period of not fewer than 10 years.
						(2)Content
 (A)In generalThe plan shall cover all forms of uranium within the excess uranium inventory of the Department of Energy, including depleted uranium, highly enriched uranium, low-enriched uranium, natural uranium, off-spec uranium, and UF6.
 (B)Reducing impact on domestic industryThe plan shall outline steps the Secretary will take to minimize the impact of transferring, selling, or otherwise providing uranium on the domestic uranium mining, conversion, and enrichment industries, including any actions for which the Secretary would require new authority.
 (C)Maximizing benefits to the Federal GovernmentThe plan shall outline steps the Secretary shall take to ensure that the Federal Government maximizes the potential value of uranium for the Federal Government.
 (3)Proposed planBefore issuing the final plan, the Secretary shall publish a proposed plan in the Federal Register pursuant to a rulemaking under section 553 of title 5, United States Code.
 (4)Deadlines for submissionThe Secretary shall issue— (A)a proposed plan for public comment under paragraph (3) not later than 180 days after the date of enactment of this paragraph; and
 (B)a final plan not later than 1 year after the date of enactment of this paragraph.; (3)in subsection (d) (as redesignated by paragraph (1))—
 (A)in the sixth sentence of paragraph (3), by striking subsections (b)(5), (b)(6) and (b)(7) of this section and inserting paragraphs (5), (6), and (7); and (B)in paragraph (8), by striking (b);
 (4)in subsection (e)(1) (as redesignated by paragraph (1)), by striking subsection (c)(2) and inserting paragraph (2); (5)in subsection (f) (as redesignated by paragraph (1))—
 (A)by striking paragraph (1) and inserting the following:  (1)In generalNotwithstanding the transfers authorized under subsections (e) and (g), the Secretary may transfer, sell, or otherwise provide any uranium from the stockpile of the Department of Energy, subject to the following limitations:
 (A)Effective for the period of calendar years 2016 through 2023, and notwithstanding any other provision of law, the Secretary shall not transfer, sell, or otherwise provide more than 2,100 metric tons of natural uranium equivalent annually in any form, including depleted uranium, highly enriched uranium, low-enriched uranium, natural uranium, off-spec uranium, and UF6.
 (B)Effective beginning on January 1, 2024, and notwithstanding any other provision of law, the Secretary shall not transfer, sell, or otherwise provide more than 2,700 metric tons of natural uranium equivalent annually in any form, including depleted uranium, highly enriched uranium, low-enriched uranium, natural uranium, off-spec uranium, and UF6.;
 (B)in paragraph (2), in the matter preceding subparagraph (A), by striking (2) Except as provided in subsections (b), (c), and (e) and inserting the following:  (2)DeterminationsExcept as provided in subsections (d), (e), and (g), and subject to paragraph (3); and
 (C)by adding at the end the following:  (3)Requirements for determinations (A)Proposed determinationBefore making a determination under paragraph (2)(B), the Secretary shall publish a proposed determination in the Federal Register pursuant to a rulemaking under section 553 of title 5, United States Code.
 (B)Quality of market analysisAny market analysis that is prepared by the Department of Energy, or that the Department of Energy commissions for the Secretary as part of the determination process under paragraph (2)(B), shall be subject to a peer review process consistent with the guidelines of the Office of Management and Budget published at 67 Fed. Reg. 8452–8460 (February 22, 2002) (or successor guidelines), to ensure and maximize the quality, objectivity, utility, and integrity of information disseminated by Federal agencies.
 (C)Waiver of secretarial determinationBeginning on January 1, 2021, the requirement for a determination by the Secretary under paragraph (2)(B) shall be waived for transferring, selling, or otherwise providing uranium by the Secretary if the uranium has been identified in the updated long-term Federal excess uranium inventory management plan under subsection (c)(1).
							; and
 (6)in subsection (g) (as redesignated by paragraph (1)), in the matter preceding paragraph (1), by striking (d)(2) and inserting (f)(2).


115 S3695 IS: Continuing Online Networking, Negating Economic Conditions on Technology at Home Act
U.S. Senate
2020-05-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3695IN THE SENATE OF THE UNITED STATESMay 12, 2020Mr. Merkley (for himself, Mr. Sanders, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo institute a moratorium on disconnections of telephone and internet services.1.Short titleThis Act may be cited as the Continuing Online Networking, Negating Economic Conditions on Technology at Home Act or the CONNECT at Home Act.2.Moratorium on disconnection of telephone and internet services(a)DefinitionsIn this section:(1)CommissionThe term Commission means the Federal Communications Commission.(2)COVID–19 emergencyThe term COVID–19 emergency means the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the coronavirus disease 2019 (COVID–19).(3)Internet serviceThe term internet service includes broadband internet access service, as defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation).(4)Low-income individualThe term low-income individual means an individual with a household income that does not exceed 135 percent of the Federal poverty guidelines issued by the Secretary of Health and Human Services.(5)Voice service(A)In generalThe term voice service has the meaning given the term in section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)).(B)ApplicabilityDuring the period beginning on the date of enactment of this Act and ending on the day before the effective date of the amendment made by section 503(a)(2)(C) of division P of the Consolidated Appropriations Act, 2018 (Public Law 115–141; 132 Stat. 1091), subparagraph (A) of this paragraph shall be applied as if that amendment had already taken effect.(b)Moratorium(1)In generalSubject to paragraph (2), during the period beginning on March 13, 2020, and ending on the date that is 180 days after the date on which the COVID–19 emergency terminates, a provider of voice service or internet service may not terminate the provision of that service to a customer.(2)Violations prior to enactment(A)Reinstatement of serviceAny provider of voice service or internet service that terminated the provision of that service to a customer during the period beginning on March 13, 2020, and ending on the day before the date of enactment of this Act shall immediately resume providing the service upon the date of enactment of this Act.(B)Final deadlineIf a provider of voice service or internet service described in subparagraph (A) does not resume providing service in accordance with that subparagraph by the date that is 14 days after the date of enactment of this Act, the provider shall be deemed to be in violation of this subsection on and after such 14th day after the date of enactment of this Act.(c)ExceptionsSubsection (b) shall not apply to the termination of the provision of voice service or internet service to a customer—(1)at the request of the customer;(2)to protect the network of the provider from abuse;(3)in cooperation with a law enforcement agency to protect life and safety in exigent circumstances;(4)under a valid court order; or(5)in accordance with section 512 of title 17, United States Code. (d)Enforcement(1)Civil forfeiture(A)In generalAny person that is determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b) of the Communications Act of 1934 (47 U.S.C. 503(b)), to have violated subsection (b) of this section shall be liable to the United States for a forfeiture penalty. The amount of the forfeiture penalty determined under this paragraph shall not exceed $100 for each day of the violation, except that the amount assessed shall not exceed a total of $1,000,000 for the termination of the provision of service to a single customer.(B)RecoveryAny forfeiture penalty determined under subparagraph (A) shall be recoverable in accordance with section 504(a) of the Communications Act of 1934 (47 U.S.C. 504(a)).(C)ProcedureNo forfeiture liability shall be determined under subparagraph (A) against any person unless the person receives the notice required under paragraph (3) or (4) of section 503(b) of the Communications Act of 1934 (47 U.S.C. 503(b)).(D)2-year statute of limitationsNo forfeiture penalty shall be determined or imposed against any person under subparagraph (A) if the violation charged occurred more than 2 years prior to the date of issuance of the required notice or notice or apparent liability.(E)Use of forfeiture amountsNotwithstanding section 504(a) of the Communications Act of 1934 (47 U.S.C. 504(a)), the Commission shall use the proceeds of any forfeiture penalty collected under this paragraph to provide assistance to low-income individuals who lack access to affordable broadband service due to the COVID–19 emergency.(2)Private right of action(A)In generalA person may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State—(i)an action based on a violation of subsection (b) to enjoin the violation;(ii)an action to recover for actual monetary loss from a violation of subsection (b); or(iii)both such actions.(B)Willful or knowing violationIf the court finds that the defendant willfully or knowingly violated subsection (b), the court may, in its discretion—(i)increase the amount of the award to an amount equal to not more than 3 times the amount that would otherwise be available under subparagraph (A)(ii); and(ii)award the plaintiff reasonable attorney's fees and costs.(C)Private right of action not waivableNotwithstanding chapter 1 of title 9, United States Code (commonly known as the Federal Arbitration Act), or any other provision of law, a person may not waive the right to bring an action under this paragraph except as part of a settlement or resolution of a claim, class action, or enforcement action for an alleged violation of subsection (b) of this section.(3)Enforcement by States(A)In generalThe chief legal officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of that State in an appropriate district court of the United States to enforce subsection (b) or to impose the civil penalties for violation of subsection (b), whenever the chief legal officer or other State officer has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of subsection (b).(B)NoticeThe chief legal officer or other State officer shall serve written notice on the Commission of any civil action under subparagraph (A) prior to initiating the civil action. The notice shall include a copy of the complaint to be filed to initiate the civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide the notice immediately upon instituting the civil action.(C)Authority to interveneUpon receiving the notice required under subparagraph (B), the Commission may—(i)intervene in the action;(ii)upon so intervening, be heard on all matters arising therein; and(iii)file petitions for appeal.(D)ConstructionFor purposes of bringing any civil action under subparagraph (A), nothing in this paragraph shall prevent the chief legal officer or other State officer from exercising the powers conferred on that officer by the laws of the 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.(E)Venue; service or process(i)VenueAn action brought under subparagraph (A) shall be brought in a district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code.(ii)Service of processIn an action brought under subparagraph (A)—(I)process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and(II)a person who participated in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person.(e)No waiver or forbearanceNotwithstanding any other provision of law, including the Communications Act of 1934 (47 U.S.C. 151 et seq.), the Commission may not—(1)waive the application of this section to any person;(2)forbear from applying this section;(3)prevent or hinder any person from exercising the private right of action under subsection (d)(2); or(4)prevent or hinder an officer of a State from carrying out subsection (d)(3).(f)Preemption(1)In generalThis section shall supersede any law of a State to the extent that the law directly conflicts with this section.(2)FloorA law of a State shall not be considered to be in direct conflict with this section if the law affords a greater level of protection to customers protected under this section.


114 HRES 821 IH: Urging the Government of Gabon to respect democratic principles during the August 2016 presidential elections.
U.S. House of Representatives
2016-07-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV114th CONGRESS2d SessionH. RES. 821IN THE HOUSE OF REPRESENTATIVESJuly 12, 2016Mr. Smith of New Jersey (for himself, Mr. Engel, Mr. Royce, and Mr. Meeks) submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONUrging the Government of Gabon to respect democratic principles during the August 2016 presidential
			 elections.

 Whereas the United States has deep interests in the political freedom, democratic stability, and regional leadership of Gabon;
 Whereas Gabon boasts a per capita income four times that of most sub-Saharan African nations, but because of high income inequality, a large proportion of the population remains poor;
 Whereas despite constrained political conditions, Gabon's small population, abundant natural resources, and considerable foreign support have helped make it one of the more stable African countries;
 Whereas Gabon gained independence from France in 1960 and Omar Bongo Ondimba became president in 1967, solidifying the Gabonese Democratic Party (PDG) dominance of power ever since;
 Whereas Gabon adopted a constitution in 1991 that formalized a multiparty system and imposed a two-term presidential term limit;
 Whereas the constitution was amended to remove presidential term limits in 2003; Whereas President Omar Bongo Ondima died in June 2009 after more than 40 years in power, making him one of Africa’s longest serving heads of state;
 Whereas following the death of President Omar Bongo Ondima, elections were hastily organized in August 2009 in which the son of the former president, Ali Bongo Ondimba, was elected with 41 percent of the vote;
 Whereas the legitimacy of the 2009 election results was largely disputed by opposition parties and civil society, and greatly increased political tensions in the country since;
 Whereas the Department of State reported that the 2009 elections were plagued with instances of destructive demonstrations, human rights abuses, irregularities of voter registration lists, improperly guarded polls, unfair censorship of news coverage, and post-election violence;
 Whereas Gabon is scheduled to hold presidential elections in August 2016; Whereas a free and fair election in Gabon holds regional significance as an example for other African countries that have elections scheduled in the near future;
 Whereas the citizens of Gabon have demonstrated their support for the democratic process and have actively participated in political parties and elections;
 Whereas tensions in Gabon are growing from grievances about the legal framework of elections, including respect of the constitution and current laws, independence of institutions within the electoral system, terms limits, and the lack of representation of civil society on election management bodies;
 Whereas since the 2009 presidential election, some political demonstrations have been met with tension and violence, which have only been exacerbated by the lack of equal access to public and private media by opposition parties and civil society organizations;
 Whereas certain innovative institutions in Gabon, such as the National Council for Democracy (CND) and the office of the Mediator of the Republic, can potentially play a positive role in fostering citizen participation in elections and advance democratic principles; and
 Whereas there is concern for misconduct in the upcoming elections, including the mishandling of voter registration, creating barriers to election day polling, and the integrity of the election results: Now, therefore, be it

 That the House of Representatives— (1)calls on the Gabonese Government to—
 (A)hold orderly, peaceful, free, and fair presidential elections in August 2016 in order to ensure stability and long-term growth of Gabon;
 (B)guarantee fair and open participation of opposition parties; and (C)guarantee the freedom of speech and assembly of all Gabonese citizens;
 (2)encourages continued efforts toward the consolidation of democracy through increased dialogue and concrete actions to address constitutional and legal framework of electoral systems and supports Gabonese organizations that work to further strengthen democratic processes;
 (3)calls on the citizens of Gabon to fully and peacefully participate in the presidential elections; and
 (4)calls on the United States and other international partners, especially electoral focused nongovernmental organizations, to help create an environment which facilitates open communication, guarantees free and fair elections, encourages voter participation, and fosters a robust civil society.


		II
		109th CONGRESS
		2d Session
		S. 3794
		IN THE SENATE OF THE UNITED STATES

			August 3, 2006
			Mr. Crapo introduced the
			 following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To provide for the implementation of the Owyhee
		  Initiative Agreement, and for other purposes.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited as the Owyhee Initiative Implementation Act of
			 2006.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					Sec. 2. Findings; purpose.
					Sec. 3. Definitions.
					Sec. 4. General provisions.
					TITLE I—Owyhee initiative agreement
					Sec. 101. Implementation.
					Sec. 102. Science review program.
					Sec. 103. Conservation and research center program.
					Sec. 104. Authorization of appropriations.
					TITLE II—Wilderness and wild and scenic rivers
					Sec. 201. Wilderness designation.
					Sec. 202. Designation of wild and scenic rivers.
					Sec. 203. Administration of wilderness and wild and scenic
				rivers.
					Sec. 204. Land exchanges and acquisitions and grazing
				preferences.
					Sec. 205. Authorization of appropriations.
					TITLE III—Transportation and recreation management
					Sec. 301. Transportation plans.
					Sec. 302. Authority.
					Sec. 303. Cooperative agreements.
					Sec. 304. Authorization of appropriations.
					TITLE IV—Cultural resources
					Sec. 401. Findings.
					Sec. 402. Implementation.
					Sec. 403. Authorization of appropriations.

			2.Findings;
			 purpose
			(a)FindingsCongress
			 finds that—
				(1)the
			 Owyhee-Bruneau Canyonlands Region is one of the most spectacular high deserts
			 in the United States, unique in geology and rich in history;
				(2)the Shoshone
			 Paiute Indian tribes have put forth claims to aboriginal rights in the
			 Region;
				(3)since the 1860s,
			 ranching has been an important part of the heritage, culture, and economy of
			 the Region;
				(4)the Region has
			 tremendous opportunities for outdoor recreation;
				(5)there has been
			 longstanding conflict over management of the public land in the Region;
				(6)in 2001, the
			 Owyhee County Board of Commissioners and the Tribes brought together a diverse
			 group of interests, with the intent that the Tribes and the County, through
			 government-to-government coordination, could mutually launch a process for
			 achieving resolution of land use conflicts, protection of the landscape
			 resource, protection of cultural resources, and economic stability; and
				(7)as a result of
			 the process described in paragraph (6), the Owyhee Initiative Agreement, an
			 agreement between a coalition of representatives of landowners, ranchers,
			 environmental organizations, County government, and recreation groups appointed
			 in the County by the Board of County Commissioners, was formed to develop a
			 natural resources project that promotes ecological and economic health within
			 the County.
				(b)PurposeThe
			 purpose of this Act is to provide for the implementation of the Owyhee
			 Initiative Agreement to—
				(1)preserve the
			 natural processes that create and maintain a functioning, unfragmented
			 landscape that supports and sustains a flourishing community of human, plant,
			 and animal life;
				(2)provide for
			 economic stability by preserving livestock grazing as an economically viable
			 use; and
				(3)provide for the
			 protection of cultural resources.
				3.DefinitionsIn this Act:
			(1)BoardThe
			 term Board means the Board of Directors of the Owyhee Initiative
			 Project.
			(2)BureauThe
			 term Bureau means the Bureau of Land Management.
			(3)CountyThe
			 term County means Owyhee County, Idaho.
			(4)Ordinary high
			 water markThe term ordinary high water mark shall
			 have such meaning as is given the term by the legislature of the State.
			(5)Owyhee
			 FrontThe term Owyhee Front means that area of the
			 County from Jump Creek on the west to Mud Flat Road on the east and draining
			 north from the crest of the Silver City Range to the Snake River.
			(6)Owyhee
			 Initiative AgreementThe term Owyhee Initiative
			 Agreement means the agreement that provides for the implementation of a
			 project for the promotion of ecological and economic health within the County
			 entered into by a coalition of representatives of landowners, ranchers,
			 environmental organizations, County government, and recreation groups appointed
			 in the County by the Board of County Commissioners, entitled Owyhee
			 Initiative Agreement, as amended on May 10, 2006.
			(7)PlanThe
			 term Plan means the Shoshone Paiute Tribal Cultural Resource
			 Protection Plan approved by the Tribes.
			(8)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(9)StateThe
			 term State means the State of Idaho.
			(10)TribesThe
			 term Tribes means the Shoshone-Paiute Tribes of the Duck Valley
			 Indian Reservation.
			4.General
			 provisions
			(a)No
			 precedenceNothing in this Act establishes a precedent with
			 regard to any future legislation.
			(b)Native American
			 recognition and usesNothing in this Act diminishes or otherwise
			 affects—
				(1)the trust
			 responsibility of the United States to Indian tribes and Indian
			 individuals;
				(2)the
			 government-to-government relationship between the United States and federally
			 recognized Indian tribes;
				(3)the rights of any
			 Indian tribe, including rights of access to Federal land for tribal activities,
			 including spiritual, cultural, and traditional food-gathering activities;
			 or
				(4)the sovereignty
			 of any Indian tribe.
				IOwyhee initiative
			 agreement
			101.Implementation
				(a)In
			 generalThe Secretary shall coordinate with the Board and the
			 County in implementing this Act in accordance with applicable laws and
			 regulations.
				(b)Effect on
			 public participationNothing in this Act diminishes or otherwise
			 affects any applicable law or regulation relating to public
			 participation.
				102.Science review
			 program
				(a)In
			 generalThe Secretary shall coordinate with the Board in the
			 conduct of the science review process as described in the Owyhee Initiative
			 Agreement.
				(b)Management
			 actionsNotwithstanding the review process under this section,
			 the Secretary shall proceed with management actions in a timely manner in
			 accordance with applicable laws (including regulations).
				103.Conservation
			 and research center programThe Secretary shall coordinate with the
			 Board with respect to the conservation and research center program, as
			 described in the Owyhee Initiative Agreement.
			104.Authorization
			 of appropriationsThere is
			 authorized to be appropriated to the Secretary to carry out this title
			 $20,000,000.
			IIWilderness and
			 wild and scenic rivers
			201.Wilderness
			 designation
				(a)In
			 generalIn furtherance of the purposes of the Wilderness Act (16
			 U.S.C. 1131 et seq.), the following land in the State is designated as
			 wilderness and as components of the National Wilderness Preservation
			 System:
					(1)Big Jacks Creek
			 WildernessCertain land comprising approximately 51,624 acres, as
			 generally depicted on the map entitled Big Jacks Creek
			 Wilderness and dated September 1, 2006, which shall be known as the
			 Big Jacks Creek Wilderness.
					(2)Bruneau-Jarbidge
			 Rivers wildernessCertain land comprising approximately 91,328
			 acres, as generally depicted on the map entitled Bruneau-Jarbidge Rivers
			 Wilderness and dated September 1, 2006, which shall be known as the
			 Bruneau-Jarbidge Rivers Wilderness.
					(3)Little Jacks
			 Creek wildernessCertain land comprising approximately 49,647
			 acres, as generally depicted on the map entitled Little Jacks Creek
			 Wilderness and dated September 1, 2006, which shall be known as the
			 Little Jacks Creek Wilderness.
					(4)North Fork
			 Owyhee wildernessCertain land comprising approximately 43,113
			 acres, as generally depicted on the map entitled North Fork Owyhee
			 Wilderness and dated September 1, 2006, which shall be known as the
			 North Fork Owyhee Wilderness.
					(5)Owyhee River
			 wildernessCertain land comprising approximately 269,016 acres,
			 as generally depicted on the map entitled Owyhee River
			 Wilderness and dated September 1, 2006, which shall be known as the
			 Owyhee River Wilderness.
					(6)Pole Creek
			 wildernessCertain land comprising approximately 12,468 acres, as
			 generally depicted on the map entitled Pole Creek Wilderness and
			 dated September 1, 2006, which shall be known as the Pole Creek
			 Wilderness.
					(b)Release of
			 wilderness study areas
					(1)FindingCongress
			 finds that, for the purposes of section 603 of the Federal Land Policy and
			 Management Act of 1976 (43 U.S.C. 1782), the public land in the County
			 administered by the Bureau in the following areas has been adequately studied
			 for wilderness designation:
						(A)The Sheep Creek
			 East Wilderness Study Area.
						(B)The Sheep Creek
			 West Wilderness Study Area.
						(C)The Squaw Creek
			 Canyon Wilderness Study Area.
						(D)The West Fork Red
			 Canyon Wilderness Study Area.
						(E)The Upper Deep
			 Creek Wilderness Study Area.
						(F)The Big Willow
			 Springs Wilderness Study Area.
						(G)The Middle Fork
			 Owyhee River Wilderness Study Area.
						(H)Any portion of
			 the wilderness study areas—
							(i)not
			 designated as wilderness by subsection (a); and
							(ii)designated for
			 release on the map dated September 1, 2006.
							(2)ReleaseAny
			 public land described in paragraph (1) that is not designated as wilderness by
			 this subsection—
						(A)is no longer
			 subject to section 603(c) of the Federal Land Policy and Management Act of 1976
			 (43 U.S.C. 1782(c)); and
						(B)shall be managed
			 in accordance with land management plans adopted under section 202 of that Act
			 (43 U.S.C. 1712).
						(c)Maps and legal
			 descriptions
					(1)In
			 generalAs soon as practicable after the date of enactment of
			 this Act, the Secretary shall submit to the Committee on Energy and Natural
			 Resources of the Senate and the Committee on Resources of the House of
			 Representatives a map and legal description for each area designated as
			 wilderness by this Act.
					(2)EffectEach
			 map and legal description submitted under paragraph (1) shall have the same
			 force and effect as if included in this Act, except that the Secretary may
			 correct any minor errors in such a map or legal description.
					(3)Availability of
			 mapsThe maps submitted under paragraph (1) shall be available
			 for public inspection in—
						(A)the offices of
			 the Idaho State Director of the Bureau; and
						(B)the offices of
			 the Boise and Twin Falls Districts of the Bureau.
						202.Designation of
			 wild and scenic rivers
				(a)Statement of
			 intentThe intent of wild, scenic, and recreational river
			 designations under this subsection is to resolve the wild, scenic, and
			 recreational river status of the segments within the County, as depicted on the
			 maps submitted under section 201(c).
				(b)DesignationSection
			 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended—
					(1)by redesignating the last paragraph
			 (relating to the White Salmon River, Washington) as paragraph (167); and
					(2)by adding at the end the following:

							(168)Battle Creek,
				IdahoThe 23.4 miles of Battle Creek in the State of Idaho from
				the confluence of the Owyhee River to the upstream boundary of the Owyhee River
				Wilderness, to be administered by the Secretary of the Interior as a wild
				river.
							(169)Big Jacks
				Creek, IdahoThe 35.0 miles of Big Jacks Creek in the State of
				Idaho from the downstream border of the Big Jacks Creek Wilderness in sec. 8,
				T. 8 S., R. 4 E., to the point at which it enters the
				NW1/4 of sec. 26, T. 10 S., R. 2 E., Boise Meridian,
				Idaho, to be administered by the Secretary of the Interior as a wild
				river.
							(170)Bruneau
				River, Idaho
								(A)In
				generalExcept as provided in subparagraph (B), the 39.3-mile
				segment of the Bruneau River from the downstream boundary of the
				Bruneau-Jarbidge Wilderness to the upstream confluence with the west fork of
				the Bruneau River and the Jarbidge River, to be administered by the Secretary
				of the Interior as a wild river.
								(B)ExceptionNotwithstanding
				subparagraph (A), the .6-mile segment of the Bruneau River at the Indian Hot
				Springs public road access shall be administered by the Secretary of the
				Interior as a recreational river.
								(171)West fork of
				the Bruneau River, IdahoThe 6.2 miles of the West Fork of the
				Bruneau River in the State of Idaho from the confluence with the Jarbidge River
				to the upstream Bruneau-Jarbidge Rivers Wilderness border, to be administered
				by the Secretary of the Interior as a wild river.
							(172)Camas Creek,
				IdahoThe 3.0 miles of Camas Creek in the State of Idaho from the
				confluence with Pole Creek to the east boundary of sec. 26, T. 10 S., R. 2 W.,
				Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a
				scenic river.
							(173)Cottonwood
				Creek, IdahoThe 2.6 miles of Cottonwood Creek in the State of
				Idaho from the confluence with Big Jacks Creek to the upstream boundary of the
				Big Jacks Creek Wilderness, to be administered by the Secretary of the Interior
				as a wild river.
							(174)Deep Creek,
				IdahoThe following segments of Deep Creek in the State of Idaho,
				to be administered by the Secretary of the Interior:
								(A)The 13.1-mile
				segment of Deep Creek from the confluence with the Owyhee River to the upstream
				boundary of the Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., Boise
				Meridian, Idaho, as a wild river.
								(B)The 26.4-mile
				segment of Deep Creek from the boundary of Owyhee River Wilderness in sec. 30,
				T. 12 S., R. 2 W., Boise Meridian, Idaho, to the upstream crossing of Mud Flat
				Road, as a scenic river.
								(175)Dickshooter
				Creek, IdahoThe 11.0 miles of Dickshooter Creek in the State of
				Idaho from the confluence with Deep Creek to the upstream boundary of the
				Owyhee River Wilderness, to be administered by the Secretary of the Interior as
				a wild river.
							(176)Duncan Creek,
				IdahoThe following segments of Duncan Creek in the State of
				Idaho, to be administered by the Secretary of the Interior:
								(A)The 5.2-mile
				segment of Duncan Creek from the eastern boundary of sec. 18, T. 10 S., R. 4
				E., Boise Meridian, Idaho, upstream to the NW1/4 of sec.
				1, T. 11 S., R. 3 E., Boise Meridian, Idaho, as a scenic river.
								(B)The 0.9-mile
				segment of Duncan Creek from the confluence with Big Jacks Creek upstream to
				the beginning of the Duncan Creek Scenic River segment, as a wild river.
								(177)Jarbidge
				River, IdahoThe 28.8 miles of the Jarbidge River in the State of
				Idaho from the confluence with the West Fork Bruneau River to the upstream
				boundary of the Bruneau-Jarbidge Rivers Wilderness, to be administered by the
				Secretary of the Interior as a wild river.
							(178)Little Jacks
				Creek, IdahoThe 13.2 miles of Little Jacks Creek in the State of
				Idaho from the downstream boundary of the Little Jacks Creek Wilderness,
				upstream to the NW1/4 of sec. 27, T. 9 S., R. 2 E., Boise
				Meridian, Idaho, to be administered by the Secretary of the Interior as a wild
				river.
							(179)Little
				Owyhee, IdahoThe 11.0 miles of the Little Owyhee in the State of
				Idaho from the confluence with the South Fork of the Owyhee River to the
				upstream boundary of the Owyhee River Wilderness, to be administered by the
				Secretary of the Interior as a wild river.
							(180)North fork of
				the Owyhee River, IdahoThe following segments of the North Fork
				of the Owyhee River in the State of Idaho, to be administered by the Secretary
				of the Interior:
								(A)The 5.7-mile
				segment of the North Fork of the Owyhee River from the Idaho-Oregon State
				border to the Wild River segment of the North Fork of the Owyhee River, as a
				recreational river.
								(B)The 15.1-mile
				segment of the North Fork of the Owyhee River from the western/downstream
				boundary of the North Fork Owyhee River Wilderness to the northern/upstream
				boundary of the North Fork Owyhee River Wilderness, as a wild river.
								(181)Ox Prong,
				IdahoThe 1.3 miles of the Ox Prong in the State of Idaho from
				the confluence with Little Jacks Creek to the upstream boundary of the Little
				Jacks Creek Wilderness, to be administered by the Secretary of the Interior as
				a wild river.
							(182)Owyhee River,
				IdahoThe 67.3 miles of the Owyhee River in the State of Idaho
				from the Idaho-Oregon State border to the upstream boundary of the Owyhee River
				Wilderness, to be administered by the Secretary of the Interior as a wild
				river, subject to the conditions that—
								(A)motorized access
				shall be permitted at Crutchers Crossing; and
								(B)any crossing
				shall remain unconstructed.
								(183)Pole Creek,
				IdahoThe 14.3 miles of Pole Creek in the State of Idaho from the
				confluence with Deep Creek upstream to the south boundary of sec. 16, T. 10 S.,
				R. 2 W., Boise Meridian, Idaho, to be administered by the Secretary of the
				Interior as a scenic river.
							(184)Red Canyon,
				IdahoThe 4.6 miles of Red Canyon in the State of Idaho from the
				confluence of the Owyhee River to the upstream boundary of the Owyhee River
				Wilderness, to be administered by the Secretary of the Interior as a wild
				river.
							(185)Sheep Creek,
				IdahoThe 25.6 miles of Sheep Creek in the State of Idaho from
				the confluence with the Bruneau River to the upstream boundary of the
				Bruneau-Jarbidge Rivers Wilderness, to be administered by the Secretary of the
				Interior as a wild river.
							(186)South fork of
				the Owyhee River, Idaho
								(A)In
				generalExcept as provided in subparagraph (B), the 31.4-mile
				segment of the South Fork of the Owyhee River from the confluence with the
				Owyhee River to the upstream boundary of the Owyhee River Wilderness at the
				Idaho-Nevada State border shall be administered by the Secretary of the
				Interior as a wild river.
								(B)ExceptionNotwithstanding
				subparagraph (A), the 1.2-mile segment of the South Fork of the Owyhee River
				across the private lands in secs. 25 and 36, T. 14 S., R. 5 W., Boise Meridian,
				Idaho, shall be administered by the Secretary of the Interior as a recreational
				river.
								(187)Wickahoney,
				IdahoThe 1.5 miles of Wickahoney Creek in the State of Idaho
				from the confluence of Big Jacks Creek to the upstream boundary of the Big
				Jacks Creek Wilderness, to be administered by the Secretary of the Interior as
				a wild
				river.
							.
					(c)Extent of
			 boundariesNotwithstanding section 3(b) of the Wild and Scenic
			 Rivers Act (16 U.S.C. 1274(b)), the boundaries of the wild and scenic river
			 corridor for a river designated as a wild and scenic river by any of paragraphs
			 (168) through (187) of section 3(a) of that Act (16 U.S.C. 1274(a)) (as added
			 by subsection (b)) shall be the ordinary high water mark.
				(d)Maps and legal
			 descriptions
					(1)In
			 generalAs soon as practicable after the date of enactment of
			 this Act, the Secretary shall submit to the Committee on Energy and Natural
			 Resources of the Senate and the Committee on Resources of the House of
			 Representatives the map and legal description of each segment of a river
			 designated as a wild and scenic river under this section or an amendment made
			 by this section.
					(2)EffectEach
			 map and legal description submitted under paragraph (1) shall have the same
			 force and effect as if included in this Act, except that the Secretary may
			 correct any minor errors in the maps and legal descriptions.
					(3)Availability of
			 mapsThe maps submitted under paragraph (1) shall be available
			 for public inspection in—
						(A)the offices of
			 the Idaho State Director of the Bureau; and
						(B)the offices of
			 the Boise and Twin Falls districts of the Bureau.
						(e)Water
			 rightsWater Rights relating to a segment of a river designated
			 as a wild and scenic river under any of paragraphs (168) through (187) of
			 section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by
			 subsection (b)) shall be reserved in accordance with—
					(1)the provisions of
			 that Act (16 U.S.C.
			 1271 et seq.);
					(2)the laws and
			 regulations of the State; and
					(3)the Owyhee
			 Initiative Agreement.
					203.Administration
			 of wilderness and wild and scenic rivers
				(a)ManagementSubject
			 to valid existing rights, each area designated as wilderness by section 201
			 shall be administered by the Secretary in accordance with the Wilderness Act
			 (16 U.S.C. 1131 et seq.), except that—
					(1)any reference in
			 that Act to the effective date shall be considered to be a reference to the
			 date of enactment of this Act; and
					(2)any reference in
			 that Act to the Secretary of Agriculture shall be considered to be a reference
			 to the Secretary of the Interior with respect to land administered by the
			 Secretary of the Interior.
					(b)InventoryIn
			 accordance with the Owyhee Initiative Agreement, not later than 1 year after
			 the date on which a wilderness is designated under section 201, the Bureau
			 shall conduct an inventory of wilderness grazing management facilities and
			 activities in the wilderness.
				(c)LivestockIn
			 the wilderness areas designated by section 201 that are administered by the
			 Bureau, the grazing of livestock in areas in which grazing is established as of
			 the date of enactment of this Act shall be allowed to continue, subject to such
			 reasonable regulations, policies, and practices as the Secretary considers
			 necessary, consistent with section 4(d)(4) of the Wilderness Act (16 U.S.C.
			 1133(d)(4)) and the guidelines described in Appendix A of House Report
			 101–405.
				(d)Recreational
			 saddle and pack stockNothing in this Act precludes horseback
			 riding or the use of recreational saddle or pack stock in any wilderness
			 designated by section 201.
				(e)Outfitting and
			 guiding activities
					(1)In
			 general.—Consistent with section 4(d)(6) of the Wilderness Act (16 U.S.C.
			 1133(d)(6)) and subject to any regulations that the Secretary determines to be
			 necessary, the Secretary shall permit the continuation of outfitting and
			 guiding activities in any wilderness designated by section 201.
					(2)Effect of
			 designation.—Designation of an area as wilderness areas under section 201 shall
			 not require the Secretary to limit the conduct of outfitting activities or the
			 use of the system of reserved camps and allocated river launches designated for
			 use by members of the public that use outfitter services that are in existence
			 before the date of enactment of this Act.
					(f)Access to
			 non-Federal landNothing in this Act denies an owner of
			 non-Federal land the right to access the land.
				(g)Roads adjacent
			 to wildernessWith respect to any road adjacent to a wilderness
			 designated by section 201 (as depicted on the applicable map), the boundary of
			 the wilderness shall be—
					(1)100 feet from the
			 center line for a primary road;
					(2)50 feet from the
			 center line for a primitive wilderness boundary road; and
					(3)30 feet on either
			 side of the center line for an interior wilderness division or cherrystem
			 road.
					(h)Wildlife
			 management
					(1)In
			 generalIn accordance with section 4(d)(7) of the Wilderness Act
			 (16 U.S.C. 1133(d)(7)), nothing in this title affects or diminishes the
			 jurisdiction of the State with respect to fish and wildlife management,
			 including the regulation of hunting, fishing, and trapping in any wilderness
			 designated by section 201.
					(2)Management
			 activities
						(A)In
			 generalIn furtherance of the purposes and principles of the
			 Wilderness Act (16 U.S.C. 1131 et seq.), management activities to maintain or
			 restore fish and wildlife populations and the habitats necessary to support
			 such populations may be carried out in any wilderness designated by section
			 201, if the management activities are—
							(i)consistent with
			 relevant wilderness management plans; and
							(ii)conducted in
			 accordance with appropriate policies, such as the policies established in
			 Appendix B of House Report 101–405.
							(B)InclusionsManagement
			 activities under subparagraph (A) may include the occasional and temporary use
			 of motorized vehicles, if the use, as determined by the Secretary, would
			 promote healthy, viable, and more naturally distributed wildlife populations
			 that would enhance wilderness values while causing the minimum impact necessary
			 to accomplish the promotion of such outcomes.
						(3)Existing
			 activitiesConsistent with section 4(d)(1) of the Wilderness Act
			 (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies, such as
			 those established in Appendix B of House Report 101–405, the State may continue
			 to use aircraft (including helicopters) in the wilderness areas designated by
			 section 201 to survey, capture, transplant, monitor, and provide water for
			 wildlife populations, including bighorn sheep and feral stock, horses, and
			 burros.
					(i)Wildfire
			 managementConsistent with section 4 of the Wilderness Act (16
			 U.S.C. 1133), nothing in this title precludes a Federal, State, or local agency
			 from conducting wildfire management operations (including operations using
			 aircraft or mechanized equipment) to manage wildfires in any wilderness
			 designated by section 201.
				(j)Incorporation
			 of acquired land and interestsAny land or interest within the
			 perimeter of, or adjacent to, an area designated as a wilderness by section 201
			 or any land or interest described in section 204 that is acquired by the United
			 States after the date of enactment of this Act shall be added to and
			 administered as part of the wilderness within which the acquired land or
			 interest is located.
				(k)Adjacent
			 management
					(1)In
			 generalThe designation of a wilderness by section 201 shall not
			 create any protective perimeters or buffer zones around the wilderness.
					(2)Nonwilderness
			 activitiesThe fact that nonwilderness activities or uses can be
			 seen or heard from areas within a wilderness or wild and scenic river
			 designated under this section shall not preclude the conduct of those
			 activities or uses outside the boundary of the wilderness or wild and scenic
			 river.
					(l)Military
			 overflightsNothing in this section restricts or
			 precludes—
					(1)low-level
			 overflights and operations of military aircraft, helicopters, missiles, or
			 unmanned aerial vehicles over the areas designated as a wilderness by section
			 201, including military overflights that can be seen or heard within the
			 wilderness or wild and scenic river areas;
					(2)flight testing
			 and evaluation;
					(3)the designation
			 or creation of new units of special use airspace, the expansion of units of
			 special use airspace in existence on the date of enactment of this Act, or the
			 use or establishment of military flight training routes over the wilderness or
			 wild and scenic river areas; or
					(4)emergency access
			 and response.
					(m)Water
			 rightsIn accordance with section 4(d)(6) of the Wilderness Act
			 (16 U.S.C. 1133(d)(6)), nothing in this Act provides an express or implied
			 claim or denial of the Federal Government with respect to any exemption from
			 water laws of the State.
				204.Land exchanges
			 and acquisitions and grazing preferences
				(a)Exchanges and
			 acquisitions
					(1)FindingsCongress
			 finds that—
						(A)the consolidation
			 of land ownership would facilitate sound and efficient management for public
			 and private land and serve important public objectives, including—
							(i)the
			 enhancement of public access, aesthetics, and recreational opportunities within
			 and adjacent to designated wilderness and wild and scenic river areas;
			 and
							(ii)the protection
			 and enhancement of wildlife habitat, including sensitive species;
							(B)time is of the
			 essence in completing appropriate land exchanges because further delays may
			 force landowners to construct roads in, develop, or sell private land
			 inholdings, and diminish the public values for which the private land is to be
			 acquired; and
						(C)it is in the
			 public interest to complete the land exchanges at the earliest practicable date
			 so that the land acquired by the United States can be preserved for protection
			 of wilderness character, wildlife habitat, and permanent public use and
			 enjoyment.
						(2)AuthorizationThe
			 Secretary may acquire, by purchase or other exchange, any land or interest
			 offered by an owner under paragraph (3), subject to the conditions described in
			 paragraph (4).
					(3)Offers to
			 convey
						(A)In
			 generalAn owner of land or an interest identified under the
			 document entitled Land Exchanges and Acquisitions and dated
			 September 1, 2006, may offer to convey the land or interest to the Secretary by
			 purchase or exchange if the owner has submitted to the Secretary, on or before
			 the date of enactment of this Act—
							(i)a
			 written notice of the intent to exchange or sell the land or interest;
							(ii)an
			 identification of each parcel of land and each interest to be exchanged or
			 sold;
							(iii)a
			 description of the value of each parcel of land and each interest as described
			 in that document; and
							(iv)in
			 the case of an exchange, a description of the Federal land sought for the
			 exchange.
							(B)Conveyance by
			 sale
							(i)In
			 generalSubject to the availability of funds, the Secretary shall
			 acquire any land or interests offered for purchase under subparagraph (A) as
			 soon as practicable after the date of enactment of this Act.
							(ii)Election to
			 receive cashIf an owner makes an election under subparagraph
			 (C)(iii)(II), the Secretary shall acquire by sale the land or interest of the
			 owner as soon as practicable after the date on which the Secretary receives a
			 notice of the election of the owner.
							(C)Conveyance by
			 direct exchange
							(i)In
			 generalOn the election of an owner that has submitted an
			 appropriate notice under subparagraph (A)(i), the Secretary may acquire land or
			 property interests identified as eligible for exchange in the document entitled
			 Land Exchanges and Acquisitions and dated September 1, 2006, in
			 exchange for Federal land that is—
								(I)of equal value to
			 the land or property interests, as determined by appraisals of the applicable
			 Federal land, with or without development rights;
								(II)located in the
			 County; and
								(III)described in
			 the document referred to in subparagraph (A).
								(ii)Action by
			 SecretaryNot later than 60 days after the date on which the
			 appraisals of applicable land are completed, the Secretary shall offer to enter
			 into an exchange under this subparagraph with each appropriate owner of land or
			 a property interest offered for exchange under subparagraph (A).
							(iii)Decisions by
			 ownersNot later than 60 days after the date on which the
			 appraisals of applicable land are completed, an owner of land or a property
			 interest subject to an exchange under this subparagraph may elect—
								(I)to waive any
			 applicable development right relating to the Federal land to be exchanged,
			 subject to the adjustment of the exchange to achieve like values;
								(II)to receive cash
			 in lieu of Federal land for all or any portion of the land or property interest
			 to be exchanged; or
								(III)to withdraw
			 from participation in any exchange program.
								(iv)Applicability
			 of other lawExcept as otherwise provided in this section, each
			 exchange of Federal land under this section shall be subject to laws (including
			 regulations) applicable to the conveyance and acquisition of land under the
			 jurisdiction of the Bureau of Land Management.
							(D)Facilitated
			 land exchanges
							(i)In
			 generalNot later than 30 days after the date of enactment of
			 this Act, the Secretary shall offer to enter into a facilitated land exchange
			 in accordance with subparagraph (A) and conducted through a land exchange
			 facilitator to be designated by the Board.
							(ii)Exchange
			 offer
								(I)In
			 generalNot later than 60 days after the date on which the
			 appraisals of applicable land are completed, the land exchange facilitator
			 shall submit to the Secretary an offer to exchange private land for Federal
			 land in the County.
								(II)RequirementAn
			 offer to exchange under subclause (I) shall demonstrate that the appraised
			 value of the private land is equal or approximately equal to the appraised
			 value, with or without development rights, of the Federal land offered for
			 exchange.
								(4)Conditions
						(A)TitleTitle
			 to any private land conveyed under this subsection shall—
							(i)be
			 acceptable to the Secretary; and
							(ii)conform with
			 title approval standards applicable to Federal land acquisitions.
							(B)Valid existing
			 rightsConveyances under this subsection shall be subject to
			 valid existing rights of record.
						(5)Effect of
			 subsectionNothing in this subsection—
						(A)creates any
			 compensable property right or title with respect to grazing preferences;
			 or
						(B)affects any
			 public access route on Federal land exchanged under this subsection.
						(b)Grazing
			 preferences
					(1)In
			 generalA holder of a valid grazing preference with respect to
			 all or a portion of any Federal land designated by this Act as a wilderness may
			 voluntarily offer to the Secretary for sale or donation all or any portion of
			 the grazing preference.
					(2)NoticeTo
			 offer a grazing preference for sale or donation under paragraph (1), the holder
			 of the grazing preference shall submit to the Secretary a written notice of the
			 intent of the holder, including—
						(A)a description of
			 the Federal land to which the grazing preference applies; and
						(B)the date on which
			 the holder will relinquish use of the grazing preference, which shall be not
			 later than 1 year after the date on which the notice is submitted.
						(3)ConsiderationThe
			 Secretary shall provide to a holder that offers a grazing preference for sale
			 under paragraph (1) consideration in accordance with the schedule of payments
			 described in the document described in subsection (a)(3)(A).
					(4)Cancellation
			 and retirement of livestock grazingBeginning on the date
			 identified under paragraph (2)(B)—
						(A)the applicable
			 grazing preference shall be canceled; and
						(B)the associated
			 livestock grazing shall be permanently retired.
						(5)FencingThe
			 Secretary shall install and maintain any fencing and other structures required
			 to prevent grazing use of any Federal land on which a grazing preference has
			 been voluntarily sold or donated under this subsection.
					205.Authorization
			 of appropriationsThere are
			 authorized to be appropriated to the Bureau such sums as are necessary to carry
			 out this title.
			IIITransportation
			 and recreation management
			301.Transportation
			 plans
				(a)In
			 generalThe Bureau shall develop and implement transportation
			 plans for land managed by the Bureau outside of wilderness areas in the
			 County.
				(b)Consultation
			 and coordinationThe transportation plans and cooperative
			 agreements shall be developed in consultation and coordination with appropriate
			 Federal Government entities, tribal government entities, and State and local
			 government entities consistent with—
					(1)the Federal Land
			 Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
					(2)the National
			 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
					(3)any other
			 applicable laws.
					(c)InclusionsThe
			 Bureau shall ensure that all areas of the County managed by the Bureau,
			 including areas that are remote and rarely used for motorized recreation, are
			 included and in transportation plans developed under subsection (a) to—
					(1)provide for
			 management of anticipated growth in recreational use of the land; and
					(2)develop a system
			 to provide a wide range of recreational opportunities and experiences for all
			 users.
					(d)LimitationTransportation
			 plans under subsection (a) shall not affect the status of any road adjacent to
			 any wilderness (as depicted on the applicable map).
				(e)System of
			 routes
					(1)In
			 generalEach transportation plan under subsection (a)
			 shall—
						(A)establish a
			 system of designated roads and trails;
						(B)include a
			 multiple use recreational trail system, that provides a wide range of
			 recreational opportunities and experiences for all users while protecting
			 natural and cultural resources;
						(C)limit the use of
			 motorized and mechanized vehicles to designated roads and trails;
						(D)address use of
			 snow vehicles on roads, trails, and areas designated for such use;
						(E)be based on
			 resource and route inventories;
						(F)include
			 designation of routes and route systems that are open or closed; and
						(G)include
			 provisions relating to, with respect to the applicable land—
							(i)trail
			 construction and reconstruction;
							(ii)road and trail
			 closure;
							(iii)seasonal
			 closures or restrictions;
							(iv)restoration of
			 disturbed areas;
							(v)monitoring;
							(vi)maintenance;
							(vii)maps;
							(viii)signs;
							(ix)education;
			 and
							(x)enforcement.
							(2)Temporary
			 limitation
						(A)In
			 generalExcept as provided in subparagraph (B), until the date on
			 which the Bureau completes transportation planning, all recreational motorized
			 and mechanized off-highway vehicle use shall be limited to roads and trails in
			 existence on the day before the date of enactment of this Act.
						(B)Exceptions
							(i)In
			 generalSubparagraph (A) shall not apply to areas specifically
			 identified as open, closed, or limited under the Owyhee resource management
			 plan.
							(ii)Hemmingway
			 Butte areaNotwithstanding subparagraph (A), the Bureau may take
			 into consideration maintaining the Hemmingway Butte area as open to
			 cross-country travel.
							(f)Schedule
					(1)Owyhee
			 frontNot later than 1 year after the date of enactment of this
			 Act, the Bureau shall complete a transportation plan for the Owyhee
			 Front.
					(2)Other Federal
			 lands in the countyNot later than 3 years after the date of
			 enactment of this Act, the Bureau shall complete a transportation plan for
			 Federal land in the County outside the Owyhee Front.
					302.AuthorityTransportation and travel management under
			 this title shall not affect the authority of the Bureau to manage or regulate
			 off-highway vehicle use under title 43, Code of Federal Regulations (as in
			 effect on September 25, 2005).
			303.Cooperative
			 agreements
				(a)In
			 generalAs soon as practicable, after the date of enactment of
			 this Act, the Bureau shall offer to enter into cooperative agreements with the
			 County—
					(1)to establish a
			 cooperative search and rescue program; and
					(2)to implement and
			 enforce the transportation plans described in this section.
					(b)Authorization
			 of appropriationsThere are authorized to be appropriated to the
			 Bureau such sums as are necessary—
					(1)to carry out
			 search and rescue operations in the County; and
					(2)to develop,
			 implement, and enforce off-highway motor vehicle transportation plans under
			 this section.
					304.Authorization
			 of appropriationsThere are
			 authorized to be appropriated to the Bureau such sums as are necessary to
			 accelerate completion and implementation by the Bureau of the transportation
			 plan for the Owyhee Front and subsequent transportation plans for the remainder
			 of the County.
			IVCultural
			 resources
			401.FindingsCongress finds that—
				(1)the County is
			 rich in history and culture going back thousands of years;
				(2)the cultural and
			 historical resources important to the people and ancestors of the Tribes must
			 be protected against abuse and desecration, whether intentional or
			 unintentional;
				(3)there are
			 opportunities—
					(A)to increase
			 knowledge of cultural resources;
					(B)to monitor
			 influences from outside forces; and
					(C)to improve the
			 inspection and supervision of major cultural sites;
					(4)inventory and
			 monitoring programs that identify and document cultural sites and the condition
			 of those sites over time would—
					(A)assist in
			 ensuring the preservation of the sites; and
					(B)help to focus
			 resources—
						(i)to
			 ensure compliance with prohibitions against destruction and or removal of
			 cultural items; and
						(ii)to
			 prevent inadvertent negative impacts;
						(5)the Owyhee
			 Initiative Agreement will—
					(A)support a broad
			 range of measures to protect cultural sites and resources important to the
			 continuation of the traditions and beliefs of the Tribes; and
					(B)provide for the
			 implementation of the Plan; and
					(6)the
			 implementation of the Plan should—
					(A)be consistent
			 with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450
			 et seq.); and
					(B)recognize
			 that—
						(i)the
			 right of Indians to self-government results from the inherent sovereignty of
			 Indian tribes; and
						(ii)the United
			 States—
							(I)has a special and
			 unique legal and political relationship with federally recognized Indian
			 tribes; and
							(II)is obligated to
			 develop a government-to-government relationship with Indian tribes under the
			 Constitution, treaties, Federal law, and the course of dealings with Indian
			 tribes.
							402.ImplementationThe Tribes shall implement the Plan.
			403.Authorization
			 of appropriationsThere are
			 authorized to be appropriated to the Tribes to carry out this title—
				(1)$900,000 for
			 fiscal year 2007; and
				(2)$900,000 for each
			 of fiscal years 2008 through 2011.


110 HR 1571 IH: Seniors Access to Mental Health Act of 2007
U.S. House of Representatives
2007-03-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS 1st Session
H. R. 1571
IN THE HOUSE OF REPRESENTATIVES

March 19, 2007
Mr. Tim Murphy of Pennsylvania (for himself and Mrs. Napolitano) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend title XVIII of the Social Security Act to eliminate discriminatory copayment rates for outpatient psychiatric services under the Medicare Program.

1.Short titleThis Act may be cited as the Seniors Access to Mental Health Act of 2007.
2.FindingsCongress finds the following:
(1)The Medicare program currently discriminates against mental health services for seniors by charging more in copayments for such services than for any other outpatient health care services. This policy creates a barrier for seniors who would benefit from effective mental health treatments and increases costs to the Medicare program.
(2)Despite the availability of proven treatments, the Substance Abuse and Mental Health Administration has shown that 63 percent of seniors who need mental health treatments do not receive it.
(3)The Surgeon General attributes this large unmet need to patient barriers (such as the reluctance of patients to discuss psychological problems), provider barriers (such as difficulty with respect to diagnosing and treating mental illness), and health care system barriers (such as payment and coverage policies).
(4)Adjusting Medicare copayment rates for outpatient psychiatric care to correspond with Medicare copayment rates for all other health care services will integrate the diagnosis and treatment of chronic diseases and mental illnesses, such as depression, for more effective care and lower health care costs.
3.Elimination of discriminatory copayment rates for Medicare outpatient psychiatric servicesSection 1833(c) of the Social Security Act (42 U.S.C. 1395l(c)) is amended to read as follows:

(c)
(1)Notwithstanding any other provision of this part, with respect to expenses incurred in a calendar year in connection with the treatment of mental, psychoneurotic, and personality disorders of an individual who is not an inpatient of a hospital at the time such expenses are incurred, there shall be considered as incurred expenses for purposes of subsections (a) and (b)—
(A)for expenses incurred in any year before 2008, only 621/2 percent of such expenses;
(B)for expenses incurred in 2008, only 683/4 percent of such expenses;
(C)for expenses incurred in 2009, only 75 percent of such expenses;
(D)for expenses incurred in 2010, only 811/4 percent of such expenses;
(E)for expenses incurred in 2011, only 871/2 percent of such expenses;
(F)for expenses incurred in 2012, only 933/4 percent of such expenses; and
(G)for expenses incurred in 2013, or any subsequent year, 100 percent of such expenses.
(2)For purposes of subparagraphs (A) through (F) of paragraph (1), the term treatment does not include brief office visits (as defined by the Secretary) for the sole purpose of monitoring or changing drug prescriptions used in the treatment of such disorders or partial hospitalization services that are not directly provided by a physician..


116 S3444 IS: Fair Care for Vietnam Veterans Act of 2020
U.S. Senate
2020-03-11
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.

II116th CONGRESS2d SessionS. 3444IN THE SENATE OF THE UNITED STATESMarch 11, 2020Mr. Tester (for himself, Mr. Schumer, Mr. Brown, Mr. Bennet, Ms. Warren, Mr. Casey, Mr. Wyden, Mr. Van Hollen, Mr. Menendez, Ms. Cortez Masto, Mr. Markey, Mr. Udall, Mr. Cardin, Mr. Peters, Mr. Durbin, Mr. Booker, Mr. Blumenthal, Mr. Heinrich, Ms. Hirono, Mr. Coons, Ms. Klobuchar, Mr. Kaine, Mr. Reed, Ms. Baldwin, Mr. Schatz, Ms. Rosen, Mr. Merkley, Mr. Warner, Mr. Whitehouse, Mrs. Shaheen, Ms. Smith, Mr. Leahy, Ms. Hassan, Mrs. Murray, and Ms. Harris) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to expand the list of diseases associated with exposure to certain herbicide agents for which there is a presumption of service connection for veterans who served in the Republic of Vietnam, and for other purposes.1.Short titleThis Act may be cited as the Fair Care for Vietnam Veterans Act of 2020.2.Additional diseases associated with exposure to certain herbicide agents for which there is a presumption of service connection for veterans who served in the Republic of VietnamSection 1116(a)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraphs:(I)Parkinsonism.(J)Bladder cancer.(K)Hypertension.(L)Hypothyroidism..


116 HR 4662 IH: Accountability in Student Loan Data Act
U.S. House of Representatives
2019-10-11
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.

I116th CONGRESS1st SessionH. R. 4662IN THE HOUSE OF REPRESENTATIVESOctober 11, 2019Ms. Porter (for herself and Mr. Takano) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Higher Education Act of 1965 to require that institutions of higher education maintain
			 certain adjusted cohort default rates to participate in programs under
			 title IV of such Act, and for other purposes.

 1.Short titleThis Act may be cited as the Accountability in Student Loan Data Act. 2.Progress period statusSection 103 of the Higher Education Act of 1965 (20 U.S.C. 1003) is amended by adding at the end the following:

 (25)Progress period statusThe term progress period status means the status of an institution of higher education that is determined by the Secretary to be in danger of failing to meet title IV eligibility criteria relating to student debt because the institution has an adjusted cohort default rate of not less than 10 percent and not more than 15 percent..
 3.Consumer informationSection 132 of the Higher Education Act of 1965 (20 U.S.C. 1015a) is amended in subsection (i)(1)(T), by striking rate, and inserting rate and adjusted cohort default rate,.
 4.Federal Pell GrantsSection 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended in subsection (j)— (1)in paragraph (1) by inserting before the period the following: , or if such institution of higher education is subject to an ineligibility determination under section 435(a)(9); and
 (2)in paragraph (2) by inserting , final adjusted cohort default rate, or on-time repayment rate before determination. 5.Disbursement of student loansSection 428G of the Higher Education Act of 1965 (20 U.S.C. 1078–7(a)) is amended—
 (1)in subsection (a), by adding at the end the following:  (5)Adjusted cohort default rateBeginning on the date on which the final adjusted cohort default rates are published by the Secretary for not less than 3 fiscal years under section 435(m), an institution whose adjusted cohort default rate (as determined under section 435(m)) for each of the 3 most recent fiscal years for which data are available is less than 5 percent may disburse any loan made, insured, or guaranteed under this part in a single installment for any period of enrollment that is not more than 1 semester, 1 trimester, 1 quarter, or 4 months.; and
 (2)in subsection (e), by inserting before the period the following: , or beginning on the date on which the final adjusted cohort default rates are published by the Secretary for fiscal year 2018 under section 435(m), an adjusted cohort default rate (as determined under section 435(m)) of less than 2 percent.
			6.Cohort default rates
			(a)Ineligibility based on high default rates
 (1)In generalSection 435(a) of the Higher Education Act of 1965 (20 U.S.C. 1085(a)) is amended— (A)in paragraph (7)(A), by adding at the end the following:

 (iii)Default management planThe default management plan required under clause (i) may not include placing students in forbearance as a means of reducing the cohort default rate or the adjusted cohort default rate of the institution.; and
 (B)by adding at the end the following:  (9)Ineligibility based on high adjusted cohort default rates (A)In generalExcept as provided in subparagraphs (B) and (D), beginning on the date that is one year after the date on which the final adjusted cohort default rates are published by the Secretary for not less than 3 fiscal years, in a case in which one of the following determinations is made with respect to an institution, such institution shall be ineligible to participate in a program under this title for the fiscal year for which the determination is made and for the two succeeding fiscal years:
 (i)The institution’s adjusted cohort default rate is greater than 20 percent for each of the three most recent fiscal years for which the final adjusted cohort default rates are published.
 (ii)With respect to the six most recent fiscal years for which the final adjusted cohort default rates are published—
 (I)the institution’s adjusted cohort default rate is greater than 15 percent for each such fiscal year; and
 (II)the Secretary determines that, during such 6-year period, the institution has not made adequate progress in meeting standards for student achievement established by the relevant accrediting agency or association pursuant to section 496(a)(5)(A).
 (iii)With respect to the eight most recent fiscal years for which the final adjusted cohort default rates are published—
 (I)the institution’s adjusted cohort default rate is greater than 10 percent for each such fiscal year; and
 (II)the Secretary determines that, during such 8-year period, the institution has not made adequate progress in meeting standards for student achievement established by the relevant accrediting agency or association pursuant to section 496(a)(5)(A).
 (B)Exceptions for certain categories of educational programsWith respect to an institution that loses eligibility to participate in a program under this title in accordance with subparagraph (A)(ii), such institution may request and be granted an exception to such loss of eligibility for a category of educational programs at such institution by demonstrating to the Secretary that the adjusted cohort default rate for the category of educational programs is 15 percent or less for each fiscal year of the 6-year period on which such loss of eligibility for the institution is based.
 (C)Determination of the adjusted cohort rate for a category of educational programsIn determining the adjusted cohort default rate for a category of educational programs for purposes of this paragraph—
 (i)subsection (m) shall be applied— (I)in paragraph (1)—
 (aa)in subparagraph (A), by substituting received for enrollment in the category of educational programs for which such rate is being determined for received for attendance at the institution; and
 (bb)in subparagraph (E)(i)(II), by substituting, percentage of students enrolled in the category of educational programs for which such rate is being determined for percentage of students enrolled at the institution; and
 (II)as if the following were added at the end of paragraph (2):  (E)In the case of a student who has received a loan for enrollment in more than one category of educational programs, the student (and such student’s subsequent repayment or default) is attributed to the last category of educational programs in which such student was enrolled..
										(D)Transition exception
 (i)In generalA covered institution with an adjusted cohort default rate that is greater than 20 percent for the first fiscal year for which such rates are published by the Secretary may request that any determination of such covered institution’s ineligibility under subparagraph (A) not be based on the adjusted cohort default rate of such covered institution for any or all of the first 3 fiscal years for which such rates are published by the Secretary.
 (ii)RequirementTo be granted a request under clause (i), a covered institution shall submit to the Secretary a default management plan as specified in paragraph (7).
 (iii)Definition of covered institutionIn this subparagraph, the term covered institution means— (I)a public institution of higher education;
 (II)a part B institution (as defined in section 322); or (III)a private, nonprofit institution of higher education at which not less than 45 percent of the total student enrollment consists of low-income students (as such term is defined in section 419N(b)(7)).
 (E)Category of educational programs definedThe term category of educational programs, when used with respect to an institution, means one of the following: (i)The educational programs at the institution leading to an undergraduate, non-degree credential.
 (ii)The educational programs at the institution leading to an associate’s degree. (iii)The educational programs at the institution leading to a bachelor’s degree.
 (iv)The educational programs at the institution leading to a graduate, non-degree credential. (v)The educational program at the institution leading to a graduate degree.
 (10)Application of adjusted cohort default rateBeginning on the date on which the final adjusted cohort default rates are published by the Secretary for not less than 3 fiscal years—
 (A)paragraph (1) shall be applied by substituting paragraph (9) for paragraph (2); (B)paragraph (3) shall be applied by substituting adjusted cohort default rate, calculated in accordance with subsection (m)(1)(D), is greater than 20 percent for any 3 consecutive fiscal years for cohort default rate, calculated in accordance with subsection (m), is equal to or greater than the threshold percentage specified in paragraph (2)(B)(iv) for any two consecutive fiscal years;
 (C)paragraph (4) shall be applied— (i)in subparagraph (C), by substituting adjusted cohort default rate is greater than 15 percent for cohort default rate equals or exceeds 20 percent; and
 (ii)in the matter following subparagraph (C), by substituting adjusted cohort default rate to reflect the percentage of defaulted loans in the representative sample that are required to be excluded pursuant to subsection (m)(1)(B) for cohort default rate to reflect the percentage of defaulted loans in the representative sample that are required to be excluded pursuant to subsection (m)(1)(B);
 (D)paragraph (5)(A) shall be applied by substituting paragraph (9) for paragraph (2); and (E)paragraph (7) shall be applied—
 (i)in subparagraph (A)(i)— (I)in the matter preceding subclause (I), by substituting adjusted cohort default rate is greater than 20 percent for cohort default rate is equal to or greater than the threshold percentage specified in paragraph (2)(B)(iv); and
 (II)in subclauses (I) and (II), by substituting adjusted cohort default rate for cohort default rate; and (ii)in subparagraph (B)(i), by substituting adjusted cohort default rate is greater than 20 percent for cohort default rate is equal to or greater than the threshold percentage specified in paragraph (2)(B)(iv)..
 (2)Conforming amendmentsSection 435(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1085(a)) is amended— (A)in the paragraph heading, by adding at the end the following: Before fiscal year 2018; and
 (B)in subparagraph (B)(iv), by striking and any succeeding fiscal year and inserting through fiscal year 2017. (b)Adjusted cohort default rate definedSection 435(m)(1) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)(1)) is amended by adding at the end the following:

					(D)
 (i)With respect to a cohort default rate calculated for an institution under this paragraph for fiscal year 2018 and for each succeeding fiscal year, such cohort default rate shall be adjusted as follows:
 (I)In determining the number of current and former students at an institution who enter repayment for such fiscal year—
 (aa)any such student who is in nonmandatory forbearance for such fiscal year for a period of greater than 18 months but less than 36 months shall not be counted as entering repayment for such fiscal year;
 (bb)such a student shall be counted as entering repayment for the first fiscal year for which the student ceases to be in a period of forbearance and otherwise meets the requirements for being in repayment; and
 (cc)any such student who is in a period of forbearance for three or more years shall be counted as in default and included in the institution’s total number of students in default.
 (II)Such rate shall be multiplied by the percentage of students enrolled at the institution for such fiscal year who are borrowing a loan under part D of this title.
 (ii)The result obtained under this subparagraph for an institution shall be referred to in this Act as the adjusted cohort default rate..
 (c)Publication of adjusted cohort default rateSection 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)) is amended by adding at the end the following:

 (5)Beginning on the date on which the final adjusted cohort default rates for fiscal year 2018 are made available for publication by the Secretary, paragraph (4) shall be applied by substituting adjusted cohort default for cohort default each place it appears..
 7.Adjusted cohort default rateSection 487(a)(14) of the Higher Education Act of 1965 is amended by adding at the end the following:

 (D)Beginning on the date on which the final adjusted cohort default rates are published by the Secretary for fiscal year 2018 under section 435(m), subparagraph (C) shall be applied by substituting adjusted cohort default rate in excess of 5 percent for cohort default rate in excess of 10 percent each place it appears..
 8.Program review and dataSection 498A of the Higher Education Act of 1965 (20 U.S.C. 1099c–1) is amended in subsection (a)(2), by striking subparagraph (A) and inserting the following:

 (A)institutions with an adjusted cohort default rate for loans under part D in excess of 18 percent or which places such institutions in the highest 25 percent of such institutions;.
 9.Assistance to progress period institutionsPart H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099a et seq.) is amended by adding at the end the following:

				498C.Assistance to progress period institutions
 (a)In generalThe Secretary shall provide grants and technical assistance to covered progress period institutions in accordance with this section.
 (b)Authorized activitiesGrants and assistance provided under this section shall be used to improve student achievement (as described in section 496(a)(5)(A)) at covered progress period institutions.
 (c)DurationGrants and assistance may be provided under this section for a period of not less than one year and not more than three years.
					(d)Conditions
						(1)Benchmarks
 (A)In generalTo continue to receive support under this section after the first year in which such support is provided, an institution must show progress, as determined by the Secretary, toward meeting the standards for student achievement established by the relevant accrediting agency or association pursuant to section 496(a)(5)(A).
 (B)ConsiderationsIn determining the progress of an institution under subparagraph (A), the Secretary may take into consideration extenuating circumstances that may have contributed to the poor performance of the institution in the first year of the review period.
 (2)Deadline for complianceAn institution that does not achieve an adjusted cohort default rate of less than 10 percent after receiving support under this section for three consecutive years shall be ineligible to receive further support under this section.
 (3)ProhibitionAn institution shall be ineligible to receive further support under this section if, while the institution was receiving such support, the total enrollment of low-income students (as such term is defined in section 419N(b)(7)) at the institution decreased by 10 percent or more.
 (e)Covered progress period institutionIn this section, the term covered progress period institution means— (1)a public institution of higher education that is determined to be in progress period status;
 (2)a part B institution (as defined in section 322) that is determined to be in progress period status; or
 (3)a private, nonprofit institution of higher education— (A)that is determined to be in progress period status; and
 (B)at which not less than 45 percent of the total student enrollment consists of low-income students (as such term is defined in section 419N(b)(7)).
							(f)Funding
 (1)In generalThere are appropriated such funds as the Secretary, using the formula described in paragraph (2), determines necessary to meet the needs of all eligible institutions under this subsection.
 (2)FormulaNot later than 1 year after the date of the enactment of this section, the Secretary shall establish through negotiated rulemaking a formula to determine the—
 (A)proportional amount of institutional need under this section; and (B)total amount of institutional need under this section.
 (3)Special ruleSuch formula must at minimum take into consideration the severity of the problem, size of the institution, institutional resources, historical underfunding, and the number of low-income students (as such term is defined in section 419N(b)(7)) being served..


		I
		111th CONGRESS
		1st Session
		H. R. 3057
		IN THE HOUSE OF REPRESENTATIVES

			June 25, 2009
			Mr. Israel introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To require that household cleaning products and similar
		  products bear a label that contains a complete and accurate list of all the
		  product’s ingredients.

		1.Short titleThis Act may be cited as the
			 Household Product Labeling Act of
			 2009.
		2.Labeling
			 requirement for certain household products
			(a)Labeling
			 requirementAny household
			 cleaning product or similar product shall bear a label on the product’s
			 container or packaging that contains a complete and accurate list of all the
			 product’s ingredients. Beginning on the date that is 1 year after the date of
			 enactment of this Act, any household cleaning product or similar product that
			 is manufactured for sale, offered for sale, distributed in commerce, or
			 imported to the United States without such a label shall be treated as a
			 misbranded hazardous substance within the meaning of section 2(p) of the
			 Federal Hazardous Substances Act (15 U.S.C. 1261(p)).
			(b)Definition of
			 household cleaning product or similar productAs used in this
			 Act, the term household cleaning product or similar product means
			 any substance which is customarily produced and distributed for use in or about
			 a household as a cleaning agent, pesticide, epoxy, paint or stain, or similar
			 substance.
			(c)Rulemaking
			 authorityThe Consumer Product Safety Commission may issue such
			 regulations as it determines necessary to provide for the effective enforcement
			 of this Act, including regulations which expand on or exempt from the
			 definition in subsection (b) any product or product category.


		I
		112th CONGRESS
		1st Session
		H. R. 303
		IN THE HOUSE OF REPRESENTATIVES

			January 18, 2011
			Mr. Bilirakis
			 introduced the following bill; which was referred to the
			 Committee on Armed
			 Services, and in addition to the Committee on
			 Veterans’ Affairs, 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 10, United States Code, to permit
		  additional retired members of the Armed Forces who have a service-connected
		  disability to receive both disability compensation from the Department of
		  Veterans Affairs for their disability and either retired pay by reason of their
		  years of military service or Combat-Related Special Compensation and to
		  eliminate the phase-in period under current law with respect to such concurrent
		  receipt.

		1.Short titleThis Act may be cited as the
			 Retired Pay Restoration
			 Act.
		2.Findings and
			 sense of Congress
			(a)FindingsCongress
			 finds the following:
				(1)For more than 100
			 years before 1999, all disabled military retirees were required to fund their
			 own veterans’ disability compensation by forfeiting one dollar of earned
			 retired pay for each dollar received in veterans’ disability
			 compensation.
				(2)Since 1999,
			 Congress has enacted legislation to progressively expand eligibility criteria
			 for relief of the retired pay disability offset and reduce the burden of
			 financial sacrifice on disabled military retirees.
				(3)Absent adequate
			 funding to eliminate the sacrifice for all disabled retirees, Congress has
			 given initial priority to easing financial inequities for the most severely
			 disabled and for combat-disabled retirees.
				(4)In the interest of maximizing eligibility
			 within cost constraints, Congress effectively has authorized full concurrent
			 receipt for all qualifying retirees with 100-percent disability ratings and all
			 qualifying retirees with combat-related disability ratings, while phasing out
			 the disability offset to retired pay over 10 years for retired members with
			 noncombat-related, service-connected disability ratings of 50 percent to 90
			 percent.
				(5)In pursuing these
			 good-faith efforts, Congress acknowledges the regrettable necessity of creating
			 new thresholds of eligibility that understandably are disappointing to disabled
			 retirees who fall short of meeting those new thresholds.
				(6)Congress is not
			 content with the status quo.
				(b)Sense of
			 CongressIt is the sense of Congress that military retired pay
			 earned by service and sacrifice in defending the United States should not be
			 reduced because a military retiree is also eligible for veterans’ disability
			 compensation awarded for service-connected disability.
			3.Eligibility for
			 payment of both retired pay and veterans’ disability compensation for certain
			 additional military retirees with compensable service-connected
			 disabilities
			(a)Extension of
			 Concurrent Receipt Authority to Retirees With Service-Connected Disabilities
			 Rated Less Than 50 PercentSubsection (a) of section 1414 of
			 title 10, United States Code, is amended—
				(1)by striking
			 Compensation in the subsection heading and
			 all that follows through Subject and inserting
			 Compensation.—Subject; and
				(2)by striking
			 paragraph (2).
				(b)Repeal of
			 Phase-In of Concurrent Receipt of Retired Pay and Veterans’ Disability
			 CompensationSuch section is further amended—
				(1)in subsection (a),
			 as amended by subsection (a) of this section, by striking the final
			 sentence;
				(2)by striking
			 subsection (c) and redesignating subsections (d) and (e) as subsections (c) and
			 (d), respectively; and
				(3)in subsection (d),
			 as so redesignated, by striking paragraphs (3) and (4).
				(c)Clerical
			 Amendments
				(1)Section
			 headingThe heading for section 1414 of such title is amended to
			 read as follows:

						1414.Members
				eligible for retired pay who are also eligible for veterans’ disability
				compensation: concurrent payment of retired pay and disability
				compensation
						.
				(2)Table of
			 sectionsThe item relating to such section in the table of
			 sections at the beginning of chapter 71 of such title is amended to read as
			 follows:

							1414. Members eligible for retired pay who
				are also eligible for veterans’ disability compensation: concurrent payment of
				retired pay and disability
				compensation.

						.
				(d)Effective
			 DateThe amendments made by this section shall take effect as of
			 January 1, 2012, and shall apply to payments for months beginning on or after
			 that date.
			4.Coordination of
			 service eligibility for combat-related special compensation and concurrent
			 receipt
			(a)Eligibility for
			 TERA RetireesSubsection (c) of section 1413a of title 10, United
			 States Code, is amended by striking “entitled to retired pay who—” and all that
			 follows through the end of paragraph (1) and inserting “who—

					(1)is entitled to
				retired pay, other than a member retired under chapter 61 of this title with
				less than 20 years of service creditable under section 1405 of this title and
				less than 20 years of service computed under section 12732 of this title;
				and
					.
			(b)Amendments To
			 Standardize Similar Provisions
				(1)Clerical and
			 conforming amendmentsSection 1413a of such title is further
			 amended—
					(A)in the heading for paragraph (3) of
			 subsection (b), by striking rules and inserting
			 rule;
			 and
					(B)in subsection (f),
			 by striking Subsection (d) and inserting Subsection
			 (c).
					(2)Specification of
			 qualified retirees for concurrent receipt purposesSection 1414
			 of such title, as amended by section 3, is amended—
					(A)in subsection
			 (a)—
						(i)by
			 striking a member or and all that follows through is
			 entitled and inserting an individual who is a qualified retiree
			 for any month is entitled; and
						(ii)by
			 inserting retired pay and veterans’ disability compensation
			 after both; and
						(B)in subsection (d),
			 by adding at the end the following new paragraph:

							(3)Qualified
				retireeThe term
				qualified retiree means a member or former member of the uniformed
				services who, with respect to any month—
								(A)is entitled to
				retired pay, other than in the case of a member retired under chapter 61 of
				this title with less than 20 years of service creditable under section 1405 of
				this title and less than 20 years of service computed under section 12732 of
				this title; and
								(B)is entitled to
				veterans’ disability
				compensation.
								.
					(3)Standardization
			 with crsc rule for chapter 61 retireesSubsection (b) of section
			 1414 of such title is amended—
					(A)by striking
			 Special
			 Rules in the subsection heading and all that follows
			 through is subject to and inserting Special
			 Rule for Chapter 61 Disability Retirees.—In the case of a
			 qualified retiree who is retired under chapter 61 of this title, the retired
			 pay of the member is subject to; and
					(B)by striking
			 paragraph (2).
					(c)Effective
			 DateThe amendments made by this section shall take effect as of
			 January 1, 2012, and shall apply to payments for months beginning on or after
			 that date.