		II
		110th CONGRESS
		1st Session
		S. 711
		IN THE SENATE OF THE UNITED STATES

			February 28, 2007
			Mr. Smith (for himself,
			 Mr. Dorgan, and Mr. Pryor) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Commerce, Science, and Transportation

		A BILL
		To amend the Communications Act of 1934 to expand the
		  contribution base for universal service, establish a separate account within
		  the universal service fund to support the deployment of broadband service in
		  unserved areas of the United States, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Universal Service for the 21st Century Act.
		2.FindingsThe Congress finds the following:
			(1)The preservation
			 and advancement of universal service is a fundamental goal of the
			 Communications Act of 1934 and the
			 Telecommunications Act of 1996.
			(2)Access throughout
			 the Nation to high-quality and advanced telecommunications and information
			 services is essential to secure the many benefits of our modern society.
			(3)As the Internet
			 becomes a critical element of any economic and social growth, universal service
			 should shift from sustaining voice grade infrastructure promoting the
			 development of efficient and advanced networks that can sustain advanced
			 communications services.
			(4)The current
			 structure established by the Federal Communications Commission has placed the
			 burden of universal service support on only a limited class of carriers,
			 causing inequities in the system, incentives to avoid contribution, and a
			 threat to the long term sustainability of the universal service fund.
			(5)Current fund
			 contributors are paying an increasing portion of their interstate and
			 international service revenue into the universal service fund.
			(6)Any fund
			 contribution system should be equitable, nondiscriminatory and competitively
			 neutral, and the funding mechanism must be sufficient to ensure affordable
			 communications services for all.
			3.Universal
			 Service fund contribution requirements
			(a)Inclusion of
			 Intrastate RevenuesSection 254(d) of the
			 Communications Act of 1934 (47 U.S.C.
			 254(d)) is amended—
				(1)by striking
			 Every and inserting Notwithstanding section 2(b) of this
			 Act, a;
				(2)by striking
			 interstate each place it appears; and
				(3)by adding at the
			 end Nothing in this subsection precludes a State from adopting rules or
			 regulations to preserve and advance universal service within that State as
			 permitted by section 2(b) and subsections (b) and (f) of this
			 section..
				(b)Universal
			 Service Proceeding
				(1)ProceedingThe
			 Federal Communications Commission shall initiate a proceeding, or take action
			 pursuant to any proceeding on universal service existing on the date of
			 enactment of this Act, to establish a permanent mechanism to support universal
			 service, that will preserve and enhance the long term financial stability of
			 universal service, and will promote the public interest.
				(2)CriteriaIn
			 establishing such a permanent mechanism, the Commission may include collection
			 methodologies such as total telecommunications revenues, the assignment of
			 telephone numbers and any successor identifier, connections (which could
			 include carriers with a retail connection to a customer), and any combination
			 thereof if the methodology—
					(A)promotes
			 competitive neutrality among providers and technologies;
					(B)to the greatest
			 extent possible ensures that all communications services that are capable of
			 supporting 2-way voice communications be included in the assessable base for
			 universal service support;
					(C)takes into
			 account the impact on low volume users, and proportionately assesses high
			 volume users, through a capacity analysis or some other means; and
					(D)ensures that a
			 carrier is not required to contribute more than once for the same transaction,
			 activity, or service.
					(3)Excluded
			 providersIf a provider of communications services that are
			 capable of supporting 2-way voice communications would not contribute under the
			 methodology established by the Commission, the Commission shall require such a
			 provider to contribute to universal service under an equitable alternative
			 methodology if exclusion of the provider from the contribution base would
			 jeopardize the preservation, enhancement, and long term sustainability of
			 universal service.
				(4)DeadlineThe
			 Commission shall complete the proceeding and issue a final rule not more than 6
			 months after the date of enactment of this Act.
				4.Intercarrier
			 Compensation
			(a)JurisdictionNotwithstanding
			 section 2(b) of the Communications Act of
			 1934 (47 U.S.C. 152(b)), the Federal Communications Commission shall
			 have exclusive jurisdiction to establish rates for inter-carrier compensation
			 payments and shall establish rules providing a comprehensive, unified system of
			 inter-carrier compensation, including compensation for the origination and
			 termination of intrastate telecommunications traffic.
			(b)CriteriaIn
			 establishing these rules, and in conjunction with its action in its universal
			 service proceeding under section 3, the Commission, in consultation with the
			 Federal-State Joint Board on Universal Service, shall—
				(1)ensure that the
			 costs associated with the provision of interstate and intrastate
			 telecommunications services are fully recoverable;
				(2)examine whether
			 sufficient requirements exist to ensure traffic contains necessary identifiers
			 for the purposes of inter-carrier compensation; and
				(3)to the greatest
			 extent possible, minimize opportunities for arbitrage.
				(c)Sufficient
			 SupportThe Commission should, to the greatest extent possible,
			 ensure that as a result of its universal service and inter-carrier compensation
			 proceedings, the aggregate amount of universal service support and
			 inter-carrier compensation provided to local exchange carriers with fewer than
			 2 percent of the Nation’s subscriber lines will be sufficient to meet the just
			 and reasonable costs of such local exchange carriers.
			(d)Negotiated
			 AgreementsNothing in this section precludes carriers from
			 negotiating their own inter-carrier compensation agreements.
			(e)DeadlineThe
			 Commission shall complete the pending Intercarrier Compensation proceeding in
			 Docket No. 01–92 and issue a final rule not more than 6 months after the date
			 of enactment of this Act.
			5.Establishment of
			 Broadband account within Universal Service fundPart I of title II of the
			 Communications Act of 1934 (47 U.S.C.
			 201 et seq.) is amended by inserting after section 254 the following:

				254A.Broadband for
				Unserved Areas Account
					(a)Account
				Established
						(1)In
				generalThere shall be, within the universal service fund
				established pursuant to section 254, a separate account to be known as the
				Broadband for Unserved Areas Account.
						(2)PurposeThe
				purpose of the account is to provide financial assistance for the deployment of
				broadband communications services to unserved areas throughout the United
				States.
						(b)Implementation
						(1)In
				generalThe Commission shall by rule establish—
							(A)guidelines for
				determining which areas may be considered to be unserved areas for purposes of
				this section;
							(B)criteria for
				determining which facilities-based providers of broadband communications
				service, and which projects, are eligible for support from the account;
							(C)procedural
				guidelines for awarding assistance from the account on a merit-based and
				competitive basis;
							(D)guidelines for
				application procedures, accounting and reporting requirements, and other
				appropriate fiscal controls for assistance made available from the account;
				and
							(E)a procedure for
				making funds in the account available among the several States on an equitable
				basis.
							(2)Study and
				annual reports on unserved areas
							(A)In
				generalWithin 6 months after the date of enactment of the
				Universal Service for the 21st Century Act, the Commission shall conduct a
				study to determine which areas of the United States may be considered to be
				unserved areas for purposes of this section. For purposes of the
				study and for purposes of the guidelines to be established under subsection
				(a)(1), the availability of broadband communications services by satellite in
				an area shall not preclude designation of that area as unserved if the
				Commission determines that subscribership to the service in that area is de
				minimis.
							(B)Annual
				updatesThe Commission shall update the study annually.
							(C)ReportThe
				Commission shall transmit a report to the Senate Committee on Commerce,
				Science, and Transportation and the House of Representatives Committee on
				Energy and Commerce setting forth the findings and conclusions of the
				Commission for the study and each update under this paragraph and making
				recommendations for an increase or decrease, if necessary, in the amounts
				credited to the account under this section.
							(3)State
				involvementThe Commission may delegate the distribution of
				funding under this section to States subject to Commission guidelines and
				approval by the Commission.
						(c)Limitations
						(1)Annual
				amountAmounts obligated or expended under subsection (c) for any
				fiscal year may not exceed $500,000,000.
						(2)Use of
				fundsTo the extent that amounts in the account are not obligated
				or expended for financial assistance under this section, they shall be used to
				support universal service under section 254.
						(3)Support limited
				to facilities-based single provider per unserved areaAssistance
				under this section may be provided only to—
							(A)facilities-based
				providers of broadband communications service; and
							(B)1 facility-based
				provider of broadband communications service in any unserved area.
							(d)Application
				With Sections 214, 254, and 410
						(1)Section
				214(e)Section 214(e) shall not
				apply to the Broadband for Unserved Areas Account.
						(2)Section
				254Section 254 shall be applied to the Broadband for Unserved
				Areas Account—
							(A)by
				disregarding—
								(i)subsections (a)
				and (e) thereof; and
								(ii)any other
				provision thereof determined by the Commission to be inappropriate or
				inapplicable to implementation of this section; and
								(B)by reconciling,
				to the maximum extent feasible and in accordance with guidelines prescribed by
				the Commission, the implementation of this section with the provisions of
				subsections (h) and (l) thereof.
							(3)Section
				410Section 410 shall not apply to the Broadband for Unserved
				Areas Account.
						(e)DefinitionsIn
				this section:
						(1)Broadband
							(A)In
				generalThe term broadband shall be defined by the
				Commission in accordance with the requirements of this paragraph.
							(B)Revision of
				initial definitionWithin 30 days after the date of enactment of
				the Universal Service for the 21st Century Act, the Commission shall revise its
				definition of broadband to require a data rate—
								(i)greater than the
				200 kilobits per second standard established in its Section 706 Report (14 FCC
				Rec. 2406); and
								(ii)consistent with
				data rates for broadband communications services generally available to the
				public on the date of enactment of that Act.
								(C)Annual review
				of definitionThe Commission shall review its definition of
				broadband no less frequently than once each year and revise that definition as
				appropriate.
							(2)Broadband
				communications service definedThe term broadband
				communications service means a high-speed communications capability that
				enables users to originate and receive high-quality voice, data, graphics, and
				video communications using any
				technology.
						.
		6.Implementation
			 of Section 254AThe Federal Communications Commission shall
			 complete a proceeding and issue a final rule to implement section 254A of the
			 Communications Act of 1934 not more
			 than 6 months after the date of enactment of this Act.


110 HR 5035 IH: Fairness in Cocaine Sentencing Act of

U.S. House of Representatives
2008-01-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 5035
		IN THE HOUSE OF REPRESENTATIVES

			January 17, 2008
			Mr. Scott of Virginia
			 (for himself, Mr. Conyers,
			 Mr. Nadler,
			 Ms. Zoe Lofgren of California,
			 Ms. Jackson-Lee of Texas,
			 Ms. Waters,
			 Mr. Cohen,
			 Mr. Johnson of Georgia,
			 Mr. Gutierrez,
			 Mr. Ellison,
			 Ms. Corrine Brown of Florida,
			 Mr. Davis of Illinois,
			 Mr. Filner,
			 Mr. Grijalva,
			 Mr. Lewis of Georgia,
			 Ms. Norton,
			 Mr. Payne,
			 Mr. Rangel, and
			 Mr. Stark) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary, and in addition to the Committee on
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend the Controlled Substances Act and the Controlled
		  Substances Import and Export Act to eliminate increased penalties for cocaine
		  offenses where the cocaine involved is cocaine base, to eliminate minimum
		  mandatory penalties for offenses involving cocaine, to use the resulting
		  savings to provide drug treatment and diversion programs for cocaine users, and
		  for other purposes.

		1.Short titleThis Act may be cited as the
			 Fairness in Cocaine Sentencing Act of
			 2008.
		2.Elimination of
			 increased penalties for cocaine offenses where the cocaine involved is cocaine
			 base
			(a)Controlled
			 Substances ActThe following
			 provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) are
			 repealed:
				(1)Clause (iii) of
			 section 401(b)(1)(A).
				(2)Clause (iii) of
			 section 401(b)(1)(B).
				(3)The sentence beginning
			 Notwithstanding the preceding sentence in section 404(a).
				(b)Controlled
			 Substances Import and Export ActThe following provisions of the Controlled
			 Substances Import and Export Act (21 U.S.C. 951 et seq.) are repealed:
				(1)Subparagraph (C)
			 of section 1010(b)(1).
				(2)Subparagraph (C)
			 of section 1010(b)(2).
				3.Reestablishment
			 of possibility of probationary sentence
			(a)Controlled
			 Substances ActSection 401(b)
			 of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended—
				(1)in the penultimate
			 sentence of subparagraph (A), by inserting , other than under clause
			 (ii) after any person sentenced under this subparagraph;
			 and
				(2)in the final sentence of subparagraph (B),
			 by inserting , other than under clause (ii) after any
			 person sentenced under this subparagraph.
				(b)Controlled
			 Substances Import and Export ActSection 1010(b) of the
			 Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended in
			 the penultimate sentence of each of paragraphs (1) and (2), by inserting
			 , other than under subparagraph (B) after any person
			 sentenced under this paragraph.
			4.Elimination of
			 minimum mandatory imprisonment penalties for cocaine offenses
			(a)Controlled
			 Substances Act
				(1)Section
			 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) is
			 amended by adding at the end the following: However, any minimum term of
			 imprisonment otherwise required under this subparagraph shall not apply to an
			 offense under clause (ii)..
				(2)Section 401(b)(1)(B) of the Controlled
			 Substances Act (21 U.S.C. 841(b)(1)(B)) is amended by adding at the end the
			 following: However, any minimum term of imprisonment otherwise required
			 under this subparagraph shall not apply to an offense under clause
			 (ii)..
				(b)Controlled
			 Substances Import and Export Act
				(1)Section 1010(b)(1) of the Controlled
			 Substances Import and Export Act (21 U.S.C. 960(b)(1)) is amended by adding at
			 the end the following: However, any minimum term of imprisonment
			 otherwise required under this paragraph shall not apply to an offense under
			 subparagraph (B). .
				(2)Section 1010(b)(2)
			 of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(2)) is
			 amended by adding at the end the following: However, any minimum term of
			 imprisonment otherwise required under this paragraph shall not apply to an
			 offense under subparagraph (B). .
				5.Authorization for
			 Federal drug court programThere is authorized to be appropriated to
			 the Administrative Office of the United States Courts $10,000,000 for each of
			 fiscal years 2009 through 2013 to provide pretrial diversion and post
			 conviction drug courts at the Federal level for people charged with illegal use
			 of controlled substances.
		6.Reauthorization of
			 drug courts grant programSection 1001(a)(25)(A) of the Omnibus Crime
			 Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(25)(A)) is amended to
			 read as follows:

				(A)Except as provided in subparagraph (C),
				there are authorized to be appropriated to carry out part EE $50,000,000 for
				each of the fiscal years 2009 through
				2013.
				.


		II
		112th CONGRESS
		2d Session
		S. 3066
		IN THE SENATE OF THE UNITED STATES

			May 9, 2012
			Mr. Wyden introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on certain sports
		  footwear with cleats valued at $10/pair or more but not over
		  $13/pair.

		1.Certain sports footwear with
			 cleats valued at $10/pair or more but not over $13/pair
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Sports footwear with outer soles and uppers of rubber or
						plastics, other than such sports footwear for men or women, the foregoing
						valued at $10/pair or more but not over $13/pair, and with cleats, and having
						uppers of which over 90% of the external surface area (including any
						accessories or reinforcements) is rubber or plastics, except footwear having
						foxing or a foxing-like band applied or molded at the sole and overlapping the
						upper and except footwear designed to be worn over, or in lieu of, other
						footwear as a protection against water, oil, grease or chemicals or cold or
						inclement weather (provided for in subheading 6402.19.15)FreeNo
						changeNo changeOn or before 12/31/2015

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


114 HR 4115 IH: Locality-based Social Security Benefits Act of 2015
U.S. House of Representatives
2015-11-19
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
114th CONGRESS
1st Session
H. R. 4115
IN THE HOUSE OF REPRESENTATIVES

November 19, 2015
Ms. Meng introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To adjust the amount of monthly old-age, survivors, and disability insurance payments under title II of the Social Security Act based on locality-based comparability payment rates.

1.Short titleThis Act may be cited as the Locality-based Social Security Benefits Act of 2015. 2.Social Security benefit amounts adjusted to reflect locality-based comparability payment rates Notwithstanding title II of the Social Security Act, the Commissioner of Social Security shall increase the monthly benefit amount to which each individual is otherwise entitled under such title by the percentage determined by the President under sections 5304 and 5304a of title 5, United States Code, for the locality pay area (as established in section 531.603 of title 5, Code of Federal Regulations) in which the individual resides at the time of such increase.


117 HR 3437 IH: Long-term Opportunities for Advancing New Studies for Biomedical Research Act
U.S. House of Representatives
2021-05-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3437IN THE HOUSE OF REPRESENTATIVESMay 20, 2021Mr. Rush (for himself, Mr. Fitzpatrick, Mr. Bishop of Georgia, Mr. Carson, Mr. Cohen, Mr. Cooper, Mr. Danny K. Davis of Illinois, Mr. Grijalva, Mr. Levin of California, Mr. Schneider, Ms. Sewell, and Mr. Thompson of Mississippi) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo require the Secretary of Health and Human Services to guarantee BioBonds in order to provide funding for loans to eligible biomedical companies and universities to carry out clinical trials approved by the Food and Drug Administration, and for other purposes.1.Short titleThis Act may be cited as the Long-term Opportunities for Advancing New Studies for Biomedical Research Act or the LOANS for Biomedical Research Act. 2.Biobonds Program(a)In generalNot later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall establish a program, to be known as the Biobonds Program, to increase innovative biomedical research into therapies to address unmet medical needs, under which biomedical researchers seeking to conduct clinical trials with respect to a drug or device, but who cannot secure appropriate funding to conduct such trials (as determined by the Secretary of the Treasury), receive financial assistance through—(1)the purchasing of loans by fiscal agents under section 3; and(2)the sale and guarantee of Biobonds comprised of these loans under section 4. (b)Biomedical researchers eligible for financial assistance(1)In generalA person shall be eligible to receive a loan under the Biobonds Program if such person is conducting or seeking to conduct research with respect to a drug or device that is—(A)intended for use to meet an unmet medical need (as determined by the Secretary of Health and Human Services); and(B)under investigation in a controlled clinical trial under—(i)an investigational drug application in effect under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health Service Act (42 U.S.C. 262(a)(3)) (as applicable); or(ii)an investigational device exemption in effect under section 520(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)).(2)RulemakingThe Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall issue rules to carry out this subsection.3.Purchase of loans by fiscal agents(a)In generalFiscal agents shall purchase loans—(1)made to an eligible recipient for the purpose of conducting the applicable clinical trial; and(2)with respect to which the fiscal agent determines that the borrower has the ability to repay the loan, based on collateral and financial capabilities and not on the prospects for success of the clinical trial.(b)Priority for loansThe Secretary of Health and Human Services shall issue rules to require fiscal agents, in purchasing loans under this section, to—(1)purchase loans with respect to a diverse range of biomedical projects and not to favor one disease or disability, but with priority given to loans with potential to address unmet public health needs across the spectrum of diseases and disabilities;(2)consider as an important criterion for purchasing loans with respect to clinical trials that they are being conducted by women researchers or researchers who are members of a racial and ethnic minority group or disabled; and(3)prioritize purchasing loans with respect to clinical trials that include, where appropriate, representative levels of women, members of a racial and ethnic minority groups, disabled individuals, and other diverse participants, as specified in guidance issued under section 505(b) of the Federal Food, Drug, and Cosmetic Act.(c)Maximum loan amountA fiscal agent may not purchase loans in any one year with respect to a single recipient in an amount more than $25,000,000.(d)Loan terms and conditionsThe Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall issue rules to—(1)establish criteria for the terms for loans that are eligible for purchase under this section;(2)establish criteria for the interest rate for loans that are eligible for purchase under this section, which shall be based on applicable rates for obligations of the Department of the Treasury of comparable maturity plus a rate to be determined by the Secretary of the Treasury to reflect—(A)prevailing market conditions;(B)taxpayer protection; and(C)the need to ensure ample funding for clinical trials described under section 2; and(3)permit the use of warrants and similar instruments with respect to loans that are eligible for purchase under this section, where necessary to protect taxpayer interests.4.BioBonds(a)IssuanceThe fiscal agents shall issue bonds, to be known as BioBonds, collateralized by loans purchased under this Act, and sell the BioBonds to investors.(b)BioBond guaranteeThe Secretary of Health and Human Services shall provide a guarantee on the payment of principal (but not the payment of interest) for each BioBond, on a bond-by-bond basis, in an amount to be determined by the Secretary, but in no case may the amount of such guarantee be more than 90 percent of the principal of the BioBond.(c)Size of issuancesThe Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall establish the size of each BioBond issuance, to ensure market acceptance, portfolio diversification, and the protection of taxpayer interests.(d)AuctionsThe Secretary of Health and Human Services may—(1)authorize fiscal agents to use an auction to select the purchasers of BioBonds; and(2)require such auction to include a process that minimizes the risk to the Government of the Federal guarantee involved by allowing bidders for a BioBond to compete against each other by bidding on the percentage of the Federal guarantee under subsection (b) with respect to the BioBond, with the bid for the lowest percentage winning the auction, taking into account other terms and conditions set by the issuer to ensure the lowest total cost to the Government.(e)Portfolio diversityWith respect to an issuance of BioBonds and the loans collateralizing such issuance, no more than 15 percent of the principal amount of such issuance may relate to a group of related diseases or disabilities (as defined by the Secretary of Health and Human Services).(f)Prioritization of taxpayer interestsAll BioBonds shall be structured to give first priority to protecting the interests of the United States by ensuring that—(1)all cash proceeds received from the repayment of a BioBond are first used to reduce the amount of principal guaranteed by the Secretary of Health and Human Services; and(2)the Secretary of Health and Human Services has a senior claim on all assets and collateral under a BioBond to the extent the guarantee provided by the Secretary is not extinguished.5.Fiscal agents(a)In generalThe Secretary of the Treasury shall contract with institutions to carry out the duties of fiscal agents under this Act, under such criteria as the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, determines appropriate.(b)Sound underwriting practicesThe Secretary of the Treasury shall issue rules to ensure that fiscal agents use sound underwriting practices that protect the interests of—(1)the United States;(2)BioBond investors; and(3)the long-term promotion of innovative biomedical research into therapies to address unmet medical needs.(c)CompensationA fiscal agent shall be compensated for performing duties under this Act from the proceeds from the sale of Biobonds issued by the fiscal agent, at such rate and on such terms as the Secretary of the Treasury may provide.(d)RulemakingNot later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall issue final rules to carry out this section.6.Reports(a)GAO study and reports on other research projects(1)Ongoing studyThe Comptroller General of the United States shall carry out an ongoing study to consider whether a program similar to the BioBonds Program should be established for other biomedical research projects.(2)ReportThe Comptroller General shall issue a report to the Congress, not less frequently than annually, on all findings and determinations made in carrying out the study required under paragraph (1).(b)Reports on the BioBonds ProgramNot later than 2 years after the date on which BioBonds are first issued, and annually thereafter during the period ending on the date that is 4 years after the date on which BioBonds are first issued, the Comptroller General and the Secretary of Health and Human Services shall each issue a separate report to the Congress on—(1)the progress of the issuance of BioBonds;(2)the reasons for any problems achieving desired volumes of BioBonds or the ability of the Program to proceed at a faster pace;(3)an analysis of the risk to the Government in providing the Federal guarantee described under section 4(b);(4)any recommended improvements to the Program; and(5)any other matter that the Comptroller General or the Secretary, respectively, determines is appropriate.7.Authorization of appropriations(a)In generalThere is authorized to be appropriated to the Secretary of Health and Human Services to pay for the cost of guaranteeing BioBonds under this Act $10,000,000,000 for each of fiscal years 2022, 2023, and 2024.(b)Program funding(1)Administrative expenses paid from bond salesExcept as provided under paragraph (2), the cost of carrying out this Act, including the cost to the Secretary of Health and Human Services in administering the BioBond Program, shall be recovered from the proceeds from the sale of BioBonds or from fees as set forth in paragraph (3).(2)Specific appropriation or contributionNo guarantee shall be made under this Act unless—(A)an appropriation for the full cost of the guarantee has been made;(B)the Secretary has received from the BioBond issuer a payment in full for the cost of the guarantee; or(C)a combination of an appropriation and the deposit of a payment from the bond issuer into the Treasury has been made in a sufficient amount to cover the full cost of the guarantee. (3)Cost of guarantees(A)In generalThe Secretary of Health and Human Services shall charge and collect fees for guarantees under this Act in amounts the Secretary determines are sufficient to recover applicable administrative expenses.(B)AvailabilityFees collected under this subsection—(i)shall be deposited by the Secretary into the Treasury; and(ii)are authorized to remain available until expended.8.DefinitionsIn this Act:(1)CostThe term cost has the meaning given to the term cost of a loan guarantee in section 502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(C)).(2)Eligible recipientThe term eligible recipient means a person described under section 2(b).(3)Fiscal agentThe term fiscal agent means a person selected as a fiscal agent under section 5(a).


		II
		112th CONGRESS
		1st Session
		S. 83
		IN THE SENATE OF THE UNITED STATES

			January 25
			 (legislative day, January 5), 2011
			Mr. Vitter introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend title IV of the Social Security Act to require
		  States to implement a drug testing program for applicants for and recipients of
		  assistance under the Temporary Assistance for Needy Families (TANF)
		  program.

		1.Short titleThis Act may be cited as the
			 Drug Free Families Act of
			 2011.
		2.Drug testing program
			 for applicants for and recipients of assistance under State TANF
			 programs
			(a)State plan
			 requirement of drug testing programSection 402(a) of the Social
			 Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following
			 new paragraph:

					(8)Certification
				that the State will operate an illegal drug use testing program
						(A)In
				generalA certification by the chief executive officer of the
				State that the State will operate a program to test all applicants for
				assistance under the State program funded under this part, and all individuals
				described in subparagraph (B) of section 408(a)(12), for the use of illegal
				drugs (as defined in subparagraph (G)(i) of such section), and to deny
				assistance under such State program to individuals who test positive for
				illegal drug use or who are convicted of drug-related crimes, as required by
				such section.
						(B)Authority for
				continued testingThe program described in subparagraph (A) may
				include a plan to continue testing individuals receiving assistance under the
				State program funded under this part for illegal drug use at random or set
				intervals after the initial testing of such individuals, at the discretion of
				the State agency administering such State
				program.
						.
			(b)Requirement
			 that applicants and individuals receiving assistance be tested for illegal drug
			 useSection 408(a) of the Social Security Act (42 U.S.C. 608(a))
			 is amended by adding at the end the following new paragraph:

					(12)Requirement
				for drug testing; denial of assistance for individuals found to have used
				illegal drugs and individuals convicted of drug-related offenses
						(A)In
				generalA State to which a grant is made under section 403 shall
				not use any part of the grant to provide assistance to any individual who has
				not been tested for illegal drug use under the program required under section
				402(a)(8).
						(B)Transition
				ruleIn the case of an individual who is receiving assistance
				under the State program funded under this part on the effective date of the
				Drug Free Families Act of 2011,
				or whose application for assistance is approved before such date if such
				assistance has not begun as of such date, a State may not provide assistance to
				such individual unless such individual is tested for illegal drug use under the
				program described in subparagraph (A) after the 3rd month that begins after
				such date.
						(C)Denial of
				assistance for individuals who test positive for illegal drug use and
				individuals convicted of drug-related crimesIn the case
				of—
							(i)an individual who
				tests positive for illegal drug use under the program described in subparagraph
				(A); or
							(ii)an individual
				who is convicted of a drug-related crime after the effective date of the
				Drug Free Families Act of
				2011;
							the
				State shall not provide assistance to the individual under the State program
				funded under this part unless such individual enters and successfully completes
				(as determined by the State) a drug rehabilitation or treatment program and
				does not test positive for illegal drug use in the 6-month period beginning on
				the date the individual enters such rehabilitation or treatment program. During
				such 6-month period the State may continue to provide assistance to an
				individual who has not been convicted of a felony drug-related crime, unless
				the individual tests positive for illegal drug use during such period. The
				State may test the individual for illegal drug use at random or set intervals,
				at the discretion of the State, after such period.(D)Waiting period
				after denial of benefitsIn the case of an individual who is
				denied assistance under subparagraph (C) because of failure to satisfy the
				requirements of such subparagraph, a State may not provide assistance to such
				individual under the State program funded under this part at any time during
				the 2-year period beginning on the date the individual is so denied.
						(E)Permanent
				denial of assistance after third drug-related denialIn the case
				of an individual who is denied assistance under subparagraph (C) 3 times, as a
				result of 3 separate positive tests for illegal drug use, 3 separate
				convictions for drug-related crimes (not including convictions that are imposed
				concurrently in time), or any combination of 3 such separate tests or
				convictions, a State may not provide assistance to such individual under the
				State program funded under this part at any time after the 3rd such test or
				conviction.
						(F)Limitation on
				waiver authorityThe Secretary may not waive the provisions of
				this paragraph under section 1115.
						(G)DefinitionsFor
				purposes of this paragraph—
							(i)Illegal
				drugThe term illegal drug means a controlled
				substance as defined in section 102 of the Controlled Substances Act (21 U.S.C.
				802).
							(ii)Drug
				rehabilitation or treatment programThe term drug
				rehabilitation or treatment program means a program determined by the
				State to provide treatment that can lead to the rehabilitation of drug users,
				but only if such program complies with all applicable Federal, State, and local
				laws and regulations.
							(iii)Drug-related
				crimeThe term drug-related crime means any crime
				involving the possession, use, or sale of an illegal
				drug.
							.
			(c)Effective
			 date
				(1)In
			 generalExcept as provided in paragraph (2), the amendments made
			 by this section shall take effect on the 1st day of the 1st calendar quarter
			 that begins on or after the date that is 1 year after the date of the enactment
			 of this Act.
				(2)Delay permitted
			 if State legislation requiredIn the case of a State plan under
			 section
			 402(a) of the Social Security
			 Act which the Secretary of Health and Human Services determines
			 requires State legislation (other than legislation appropriating funds) in
			 order for the plan to meet the additional requirements imposed by the
			 amendments made by this Act, the State plan shall not be regarded as failing to
			 comply with the requirements of such section 402(a) solely on the basis of the
			 failure of the plan to meet such additional requirements before the 1st day of
			 the 1st calendar quarter beginning after the close of the 1st regular session
			 of the State legislature that begins after the date of enactment of this Act.
			 For purposes of the previous sentence, in the case of a State that has a 2-year
			 legislative session, each year of such session shall be deemed to be a separate
			 regular session of the State legislature.


114 HR 6387 IH: To amend the Internal Revenue Code of 1986 to extend for one year the credit for mortgage insurance premiums treated as interest.
U.S. House of Representatives
2016-11-18
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.

I114th CONGRESS2d SessionH. R. 6387IN THE HOUSE OF REPRESENTATIVESNovember 18, 2016Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to extend for one year the credit for mortgage insurance
			 premiums treated as interest.

		1.Extension of credit for mortgage insurance premiums treated as interest
 (a)In generalSubsection (h)(3)(E)(iv)(I) of section 163 of the Internal Revenue Code of 1986 is amended by striking December 31, 2016 and inserting December 31, 2017.
 (b)Effective dateThe amendment made by this section shall apply to amounts paid or accrued after December 31, 2016.


115 HR 6265 : PreCheck is PreCheck Act of 2018
U.S. House of Representatives
2018-09-05
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.

		IIB
		115th CONGRESS2d Session
		H. R. 6265
		IN THE SENATE OF THE UNITED STATES
		September 5, 2018Received; read twice and referred to the Committee on Commerce, Science, and TransportationAN ACT
		To ensure that only travelers who are members of a trusted traveler program use Transportation
			 Security Administration security screening lanes designated for trusted
			 travelers, and for other purposes.

 1.Short titleThis Act may be cited as the PreCheck is PreCheck Act of 2018. 2.Eligibility for TSA PreCheck expedited screening (a)Eligibility (1)In generalNot later than 1 year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall ensure that only travelers who are members of a trusted traveler program specified in subsection (b) are permitted to use TSA PreCheck security screening lanes at Transportation Security Administration checkpoints.
 (2)Certain travelersAny traveler who is 12 or under or 75 or over who is not a member of a trusted traveler program specified in subsection (b) shall be permitted to utilize TSA PreCheck security screening lanes at Transportation Security Administration checkpoints when traveling on the same itinerary as a member of such a program.
 (b)Trusted traveler programsTrusted traveler programs referred to in subsection (a) include the following: (1)Programs implemented by the Transportation Security Administration under section 109(a)(3) of the Aviation and Transportation Security Act (Public Law 107–71; 49 U.S.C. 114 note).
 (2)Any other United States Government program that issues unique identifiers, such as a known traveler number, that the Transportation Security Administration accepts as validating that the person holding such identifier is a member of a known low-risk population.
 (c)ExemptionsNothing in this section shall affect— (1)the ability of the Transportation Security Administration to carry out expedited screening for severely injured or disabled members of the Armed Forces and severely injured or disabled veterans, as set forth in section 44927 of title 49, United States Code; or
 (2)the Honor Flight program, set forth in section 44928 of such title. 3.Risk modified screening (a)In generalNot later than 60 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall commence a pilot program regarding a risk modified screening protocol for lanes other than designated TSA PreCheck security screening lanes at Transportation Security Administration checkpoints, in airports of varying categories, to further segment passengers based on risk. Such pilot program shall conclude on the date that is 120 after such date of commencement.
 (b)Report; implementationNot later than 30 days after the conclusion of the pilot program required under subsection (a), the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the finding of such pilot program, including information relating to the security effectiveness and passenger facilitation effectiveness of the risk modified screening protocol that was the subject of such pilot program and, in the event that the Administrator is satisfied with the effectiveness of such protocol, information relating to plans to deploy such protocol at as many Transportation Security Administration checkpoints as practicable, taking into consideration the level of risk at the airport at issue, the available space at such airport, passenger throughput levels at such airport, and checkpoint configuration at such airport, while maintaining adequate resources to appropriately serve passengers in TSA PreCheck security screening lanes at Transportation Security Administration checkpoints.
 (c)EligibilityOnly low-risk passengers shall be eligible to undergo risk modified screening at Transportation Security Administration checkpoints described in subsection (a). Such low-risk passengers are those passengers who—
 (1)meet risk-based, intelligence-driven criteria outlined by the Administrator of the Transportation Security Administration; or
 (2)have undergone canine enhanced screening upon arrival at a Transportation Security Administration checkpoint.
				(d)Working group
 (1)In generalIn carrying out subsections (a) and (b), the Administrator of the Transportation Security Administration shall establish and utilize a working group comprised of individuals from or representatives of Category X, 1, 2, 3, and 4 airports and air carriers (as such term is defined in section 40102 of title 49, United States Code) to inform the piloting and development of plans to deploy the risk modified screening protocol described in such subsections for lanes other than designated TSA PreCheck security screening lanes at Transportation Security Administration checkpoints in a manner which ensures maximum security effectiveness and efficiency.
 (2)Non-applicability of FACAThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under this subsection.
				4.Congressional reports
 (a)In generalBeginning with the first full calendar quarter after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall brief, on a quarterly basis, the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation of section 2.
 (b)CertificationUpon a determination by the Administrator of the Transportation Security Administration that only travelers who are members of a trusted traveler program specified in section 2(b) are permitted to use TSA PreCheck security screening lanes at Transportation Security Administration checkpoints in accordance with subsection (a) of such section, the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written certification relating to such determination.
 (c)SunsetThe briefings required under subsection (a) shall terminate at the time the certification described in subsection (b) is submitted.
 5.Inspector General assessmentsAfter the Administrator of the Transportation Security Administration submits the certification described in section 4(b), the Inspector General of the Department of Homeland Security shall, beginning in the first calendar year after such certification and in each of the next 3 subsequent calendar years, conduct an assessment to determine if there has been a systematic pattern of violations of section 2(a) during the previous calendar year. The Inspector General shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the results of each such assessment.
		6.PreCheck program expansion
 (a)In generalNot later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall develop and begin the implementation of a long-term strategy to increase enrollment in the TSA PreCheck Program and expand the total population of members of trusted traveler programs specified in section 2(b).
 (b)EnrollmentIn carrying out the long-term strategy referred to in subsection (a), the Administrator of the Transportation Security Administration shall—
 (1)seek to partner with air carriers (as such term is defined in section 40102 of title 49, United States Code) to incorporate PreCheck Program promotion opportunities in the reservation process described in section 1560.101 of title 49, Code of Federal Regulations;
 (2)seek to include in the PreCheck Program individuals who— (A)hold a Secret, Top Secret, or Top Secret/Sensitive Compartmented Information clearance, unless such an individual has had his or her clearance revoked or did not pass a periodic reinvestigation; or
 (B)are current, full-time Federal law enforcement officers; (3)increase PreCheck Program enrollment flexibility by offering a secure mobile enrollment platform that facilitates in-person identity verification and application data collection, such as biometrics;
 (4)develop initiatives to minimize the amount of travel to PreCheck Program enrollment centers for applicants, including—
 (A)adjusting the locations and schedules of existing PreCheck Program enrollment centers to accommodate demand;
 (B)seeking to collocate such enrollment centers with existing facilities that support the issuance of— (i)United States passports; and
 (ii)Security Identification Display Area credentials (as such term is defined in section 1540.5 of title 49, Code of Federal Regulations) located in public, non-secure areas of airports, provided that no systems of an airport operator are used in support of enrollment activities for such credentials; and
 (C)increasing the availability of PreCheck Program enrollment platforms, such as kiosks, tablets, or staffed laptop stations;
 (5)assess the feasibility of providing financial or other incentives for PreCheck Program enrollment for—
 (A)children between the ages of 12 and 18; (B)families of five or more individuals;
 (C)private sector entities, including small businesses, that establish PreCheck Program enrollment centers in their respective facilities; and
 (D)private sector entities, including small business concerns (as such term is described under section 3 of the Small Business Act (15 U.S.C. 632)), that reimburse employees for the cost of the PreCheck Program application; and
 (6)explore the possibility of combining the PreCheck Program with other trusted traveler programs specified in section 2(b).

	Passed the House of Representatives September 4, 2018.Karen L. Haas,Clerk.


114 S711 IS: Mental Health First Act of 2015
U.S. Senate
2015-03-11
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.

		II
		114th CONGRESS1st Session
		S. 711
		IN THE SENATE OF THE UNITED STATES

			March 11, 2015
			Ms. Ayotte (for herself, Mr. Blumenthal, Mr. Grassley, Mr. Reed, Mr. Rubio, Mr. Bennet, Mr. Portman, Mr. Coons, Mr. Heller, Ms. Heitkamp, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To amend section 520J of the Public Health Service Act to authorize grants for mental health first
			 aid training programs.

		1.Short title
 This Act may be cited as the Mental Health First Act of 2015.
 2.Mental health first aid training grantsSection 520J of the Public Health Service Act (42 U.S.C. 290bb–41) is amended to read as follows:  520J.Mental health first aid training grants (a)GrantsThe Secretary, acting through the Administrator, shall award grants to States, political subdivisions of States, Indian tribes, tribal organizations, and nonprofit private entities to initiate and sustain mental health first aid training programs.
					(b)Program requirements
 (1)In generalTo be eligible for funding under subsection (a), a mental health first aid training program shall— (A)be designed to train individuals in the categories listed in paragraph (2) to accomplish the objectives described in paragraph (3);
 (B)ensure that training is conducted by trainers that are properly licensed and credentialed by nonprofit entities as designated by the Secretary; and
 (C)include— (i)at a minimum—
 (I)a core live training course for individuals in the categories listed in paragraph (2) on the skills, resources, and knowledge to assist individuals in crisis to connect with appropriate local mental health care services;
 (II)training on mental health resources, including the location of community mental health centers described in section 1913(c), in the State and local community; and
 (III)training on action plans and protocols for referral to such resources; and (ii)where feasible, continuing education and updated training for individuals in the categories listed in paragraph (2).
 (2)Categories of individual to be trainedThe categories of individuals listed in this paragraph are the following: (A)Emergency services personnel and other first responders.
 (B)Police officers and other law enforcement personnel. (C)Teachers and school administrators.
 (D)Human resources professionals. (E)Nurses and other primary care personnel.
 (F)Students enrolled in an elementary school, a secondary school, or an institution of higher education.
 (G)The parents of students described in subparagraph (F). (H)Veterans and veteran stakeholders, including family members and caregivers, members of veteran peer support networks, and veteran service organizations.
 (I)Other individuals, audiences or training populations as determined appropriate by the Secretary. (3)Objectives of trainingTo be eligible for funding under subsection (a), a mental health first aid training program shall be designed to train individuals in the categories listed in paragraph (2) to accomplish each of the following objectives (as appropriate for the individuals to be trained, taking into consideration their age):
 (A)Safe de-escalation of crisis situations. (B)Recognition of the signs and symptoms of mental illness, including such common psychiatric conditions as schizophrenia, bipolar disorder, major clinical depression, and anxiety disorders.
 (C)Timely referral to mental health services in the early stages of developing mental disorders in order to—
 (i)avoid more costly subsequent behavioral health care; and (ii)enhance the effectiveness of mental health services.
 (c)Distribution of awardsIn awarding grants under this section, the Secretary shall— (1)ensure that grants are equitably distributed among the geographical regions of the United States; and
 (2)pay particular attention to the mental health training needs of populations and target audiences residing in rural areas.
 (d)ApplicationA State, political subdivision of a State, Indian tribe, tribal organization, or nonprofit private entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for the rigorous evaluation of activities that are carried out with funds received under such grant.
 (e)EvaluationA State, political subdivision of a State, Indian tribe, tribal organization, or nonprofit private entity that receives a grant under this section shall prepare and submit an evaluation to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including an evaluation of activities carried out with funds received under such grant and a process and outcome evaluation.
 (f)Authorization of appropriationsTo carry out this section, there are authorized to be appropriated $20,000,000 for fiscal year 2016, and such sums as may be necessary for each of fiscal years 2017 and 2018..


		I
		112th CONGRESS
		1st Session
		H. R. 1766
		IN THE HOUSE OF REPRESENTATIVES

			May 5, 2011
			Mr. Boustany
			 introduced the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To ensure efficiency and fairness in the awarding of
		  Federal contracts in connection with natural disaster reconstruction
		  efforts.

		1.Short titleThis Act may be cited as the
			 Local Disaster Contracting Fairness
			 Act of 2011.
		2.DefinitionsIn this Act:
			(1)Executive
			 agencyThe term executive agency has the meaning
			 given such term in section 133 of title 41, United States Code.
			(2)Local
			 subcontractorThe term local subcontractor means,
			 with respect to a contract, a subcontractor who has a principal place of
			 business or regularly conducts operations in the area in which work is to be
			 performed under the contract by the subcontractor.
			(3)Natural disaster
			 reconstruction effortsThe term natural disaster
			 reconstruction efforts means reconstruction efforts undertaken in an
			 area subject to a declaration by the President of a major disaster under
			 section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance
			 Act (42 U.S.C. 5170).
			3.Federal
			 contracting requirements
			(a)In
			 generalThe head of an
			 executive agency may not enter into an agreement for debris removal or
			 demolition services in connection with natural disaster reconstruction efforts
			 unless the agreement specifies that—
				(1)all of the work
			 under the contract will be performed by the prime contractor or 1 or more
			 subcontractors at 1 tier under the contract;
				(2)any work performed
			 under the contract by subcontractors will be performed by local subcontractors,
			 except to the extent that local subcontractors are not available to perform
			 such work;
				(3)the prime
			 contractor will act as the project manager or construction manager for the
			 contract; and
				(4)the prime
			 contractor—
					(A)has primary
			 responsibility for managing all work under the contract; and
					(B)will be paid a
			 certain percentage of the overall value of the contract as sole compensation
			 for assuming the risk associated with such responsibility.
					(b)Preference for
			 subcontractors affected by natural disastersIn entering into an
			 agreement for debris removal or demolition services in connection with natural
			 disaster reconstruction efforts, the head of an executive agency shall give a
			 preference in the source selection process to each offeror who certifies that
			 any work that is to be performed under the contract by subcontractors will be
			 performed by local subcontractors.
			4.ApplicabilityThe requirements under section 3 shall apply
			 to agreements entered into on or after the date of the enactment of this
			 Act.


 S97 ENR: Nuclear Energy Innovation Capabilities Act of 2017
U.S. Senate

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.

One Hundred Fifteenth Congress of the United States of America2d SessionBegun and held at the City of Washington on Wednesday, the third day of January, two thousand and
			 eighteenS. 97IN THE SENATE OF THE UNITED STATESAN ACTTo enable civilian research and development of advanced nuclear energy technologies by private and
			 public institutions, to expand theoretical and practical knowledge of
 nuclear physics, chemistry, and materials science, and for other purposes.1.Short titleThis Act may be cited as the Nuclear Energy Innovation Capabilities Act of 2017.2.Nuclear energy innovation capabilities(a)Nuclear energySection 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is amended to read as follows:951.Nuclear energy(a)Mission(1)In generalThe Secretary shall carry out programs of civilian nuclear research, development, demonstration, and commercial application, including activities under this subtitle.(2)ConsiderationsThe programs carried out under paragraph (1) shall take into consideration the following objectives:(A)Providing research infrastructure to promote scientific progress and enable users from academia, the National Laboratories, and the private sector to make scientific discoveries relevant for nuclear, chemical, and materials science engineering.(B)Maintaining nuclear energy research and development programs at the National Laboratories and institutions of higher education, including infrastructure at the National Laboratories and institutions of higher education.(C)Providing the technical means to reduce the likelihood of nuclear proliferation.(D)Increasing confidence margins for public safety of nuclear energy systems.(E)Reducing the environmental impact of activities relating to nuclear energy.(F)Supporting technology transfer from the National Laboratories to the private sector.(G)Enabling the private sector to partner with the National Laboratories to demonstrate novel reactor concepts for the purpose of resolving technical uncertainty associated with the objectives described in subparagraphs (A) through (F).(b)DefinitionsIn this subtitle:(1)Advanced nuclear reactorThe term advanced nuclear reactor means—(A)a nuclear fission reactor with significant improvements over the most recent generation of nuclear fission reactors, which may include—(i)inherent safety features;(ii)lower waste yields;(iii)greater fuel utilization;(iv)superior reliability;(v)resistance to proliferation;(vi)increased thermal efficiency; and(vii)the ability to integrate into electric and nonelectric applications; or(B)a nuclear fusion reactor.(2)CommissionThe term Commission means the Nuclear Regulatory Commission.(3)Fast neutronThe term fast neutron means a neutron with kinetic energy above 100 kiloelectron volts.(4)National Laboratory(A)In generalExcept as provided in subparagraph (B), the term National Laboratory has the meaning given the term in section 2.(B)LimitationWith respect to the Lawrence Livermore National Laboratory, the Los Alamos National Laboratory, and the Sandia National Laboratories, the term National Laboratory means only the civilian activities of the laboratory.(5)Neutron fluxThe term neutron flux means the intensity of neutron radiation measured as a rate of flow of neutrons applied over an area.(6)Neutron sourceThe term neutron source means a research machine that provides neutron irradiation services for—(A)research on materials sciences and nuclear physics; and(B)testing of advanced materials, nuclear fuels, and other related components for reactor systems..(b)Nuclear energy research programs(1)In generalSection 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is amended—(A)by striking subsection (c); and(B)by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.(2)Conforming amendmentSection 641(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16021(b)(1)) is amended by striking section 942(d) and inserting section 952(c).(c)Advanced fuel cycle initiativeSection 953(a) of the Energy Policy Act of 2005 (42 U.S.C. 16273(a)) is amended by striking , acting through the Director of the Office of Nuclear Energy, Science and Technology,.(d)University nuclear science and engineering supportSection 954(d)(4) of the Energy Policy Act of 2005 (42 U.S.C. 16274(d)(4)) is amended by striking as part of a taking into consideration effort that emphasizes and inserting that emphasize.(e)Department of Energy civilian nuclear infrastructure and facilitiesSection 955 of the Energy Policy Act of 2005 (42 U.S.C. 16275) is amended—(1)by striking subsections (c) and (d); and(2)by adding at the end the following:(c)Versatile neutron source(1)Mission need(A)In generalNot later than December 31, 2017, the Secretary shall determine the mission need for a versatile reactor-based fast neutron source, which shall operate as a national user facility.(B)Consultations requiredIn carrying out subparagraph (A), the Secretary shall consult with the private sector, institutions of higher education, the National Laboratories, and relevant Federal agencies to ensure that the user facility described in subparagraph (A) will meet the research needs of the largest practicable majority of prospective users.(2)EstablishmentAs soon as practicable after determining the mission need under paragraph (1)(A), the Secretary shall submit to the appropriate committees of Congress a detailed plan for the establishment of the user facility.(3)Facility requirements(A)CapabilitiesThe Secretary shall ensure that the user facility will provide, at a minimum, the following capabilities:(i)Fast neutron spectrum irradiation capability.(ii)Capacity for upgrades to accommodate new or expanded research needs.(B)ConsiderationsIn carrying out the plan submitted under paragraph (2), the Secretary shall consider the following:(i)Capabilities that support experimental high-temperature testing.(ii)Providing a source of fast neutrons at a neutron flux, higher than that at which current research facilities operate, sufficient to enable research for an optimal base of prospective users.(iii)Maximizing irradiation flexibility and irradiation volume to accommodate as many concurrent users as possible.(iv)Capabilities for irradiation with neutrons of a lower energy spectrum.(v)Multiple loops for fuels and materials testing in different coolants.(vi)Additional pre-irradiation and post-irradiation examination capabilities.(vii)Lifetime operating costs and lifecycle costs.(4)Deadline for establishmentThe Secretary shall, to the maximum extent practicable, complete construction of, and approve the start of operations for, the user facility by not later than December 31, 2025.(5)ReportingThe Secretary shall include in the annual budget request of the Department an explanation for any delay in the progress of the Department in completing the user facility by the deadline described in paragraph (4).(6)CoordinationThe Secretary shall leverage the best practices for management, construction, and operation of national user facilities from the Office of Science..(f)Security of nuclear facilitiesSection 956 of the Energy Policy Act of 2005 (42 U.S.C. 16276) is amended by striking , acting through the Director of the Office of Nuclear Energy, Science and Technology,.(g)High-Performance computation and supportive researchSection 957 of the Energy Policy Act of 2005 (42 U.S.C. 16277) is amended to read as follows:957.High-performance computation and supportive research(a)Modeling and simulationThe Secretary shall carry out a program to enhance the capabilities of the United States to develop new reactor technologies through high-performance computation modeling and simulation techniques.(b)CoordinationIn carrying out the program under subsection (a), the Secretary shall coordinate with relevant Federal agencies as described by the National Strategic Computing Initiative established by Executive Order 13702 (80 Fed. Reg. 46177 (July 29, 2015)), while taking into account the following objectives:(1)Using expertise from the private sector, institutions of higher education, and the National Laboratories to develop computational software and capabilities that prospective users may access to accelerate research and development of advanced nuclear reactor systems and reactor systems for space exploration.(2)Developing computational tools to simulate and predict nuclear phenomena that may be validated through physical experimentation.(3)Increasing the utility of the research infrastructure of the Department by coordinating with the Advanced Scientific Computing Research program within the Office of Science.(4)Leveraging experience from the Energy Innovation Hub for Modeling and Simulation.(5)Ensuring that new experimental and computational tools are accessible to relevant research communities, including private sector entities engaged in nuclear energy technology development.(c)Supportive research activitiesThe Secretary shall consider support for additional research activities to maximize the utility of the research facilities of the Department, including physical processes—(1)to simulate degradation of materials and behavior of fuel forms; and(2)for validation of computational tools..(h)Enabling nuclear energy innovationSubtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is amended by adding at the end the following:958.Enabling nuclear energy innovation(a)National reactor innovation centerThere is authorized a program to enable the testing and demonstration of reactor concepts to be proposed and funded, in whole or in part, by the private sector.(b)Technical expertiseIn carrying out the program under subsection (a), the Secretary shall leverage the technical expertise of relevant Federal agencies and the National Laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at National Laboratories or other Department-owned sites.(c)ObjectivesThe reactors described in subsection (b) shall operate to meet the following objectives:(1)Enabling physical validation of advanced nuclear reactor concepts.(2)Resolving technical uncertainty and increasing practical knowledge relevant to safety, resilience, security, and functionality of advanced nuclear reactor concepts.(3)General research and development to improve nascent technologies.(d)Sharing technical expertiseIn carrying out the program under subsection (a), the Secretary may enter into a memorandum of understanding with the Chairman of the Commission in order to share technical expertise and knowledge through—(1)enabling the testing and demonstration of advanced nuclear reactor concepts to be proposed and funded, in whole or in part, by the private sector;(2)operating a database to store and share data and knowledge relevant to nuclear science and engineering between Federal agencies and the private sector;(3)developing and testing electric and nonelectric integration and energy conversion systems relevant to advanced nuclear reactors;(4)leveraging expertise from the Commission with respect to safety analysis; and(5)enabling technical staff of the Commission to actively observe and learn about technologies developed under the program.(e)Agency coordinationThe Chairman of the Commission and the Secretary shall enter into a memorandum of understanding regarding the following:(1)Ensuring that—(A)the Department has sufficient technical expertise to support the timely research, development, demonstration, and commercial application by the civilian nuclear industry of safe and innovative advanced nuclear reactor technology; and(B)the Commission has sufficient technical expertise to support the evaluation of applications for licenses, permits, and design certifications and other requests for regulatory approval for advanced nuclear reactors.(2)The use of computers and software codes to calculate the behavior and performance of advanced nuclear reactors based on mathematical models of the physical behavior of advanced nuclear reactors.(3)Ensuring that—(A)the Department maintains and develops the facilities necessary to enable the timely research, development, demonstration, and commercial application by the civilian nuclear industry of safe and innovative reactor technology; and(B)the Commission has access to the facilities described in subparagraph (A), as needed.(f)Reporting requirements(1)In generalNot later than 180 days after the date of enactment of the Nuclear Energy Innovation Capabilities Act of 2017, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall submit to the appropriate committees of Congress a report assessing the capabilities of the Department to authorize, host, and oversee privately funded experimental advanced nuclear reactors as described in subsection (b).(2)ContentsThe report submitted under paragraph (1) shall address—(A)the safety review and oversight capabilities of the Department, including options to leverage expertise from the Commission and the National Laboratories;(B)options to regulate privately proposed and funded experimental reactors hosted by the Department;(C)potential sites capable of hosting privately funded experimental advanced nuclear reactors;(D)the efficacy of the available contractual mechanisms of the Department to partner with the private sector and Federal agencies, including cooperative research and development agreements, strategic partnership projects, and agreements for commercializing technology;(E)the liability of the Federal Government with respect to the disposal of low-level radioactive waste, spent nuclear fuel, or high-level radioactive waste (as those terms are defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101));(F)the impact on the aggregate inventory in the United States of low-level radioactive waste, spent nuclear fuel, or high-level radioactive waste (as those terms are defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101));(G)potential cost structures relating to physical security, decommissioning, liability, and other long-term project costs; and(H)other challenges or considerations identified by the Secretary.(3)UpdatesOnce every 2 years, the Secretary shall update relevant provisions of the report submitted under paragraph (1) and submit to the appropriate committees of Congress the update.(g)Savings clauses(1)Licensing requirementNothing in this section authorizes the Secretary or any person to construct or operate a nuclear reactor for the purpose of demonstrating the suitability for commercial application of the nuclear reactor unless licensed by the Commission in accordance with section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842).(2)Financial protectionAny activity carried out under this section that involves the risk of public liability shall be subject to the financial protection or indemnification requirements of section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly known as the Price-Anderson Act)..(i)Budget planSubtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as amended by subsection (h)) is amended by adding at the end the following:959.Budget plan(a)In generalNot later than 1 year after the date of enactment of the Nuclear Energy Innovation Capabilities Act of 2017, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives 2 alternative 10-year budget plans for civilian nuclear energy research and development by the Secretary, as described in subsections (b) through (d).(b)Budget plan alternative 1One of the budget plans submitted under subsection (a) shall assume constant annual funding for 10 years at the appropriated level for the civilian nuclear energy research and development of the Department for fiscal year 2016.(c)Budget plan alternative 2One of the budget plans submitted under subsection (a) shall be an unconstrained budget.(d)InclusionsEach alternative budget plan submitted under subsection (a) shall include—(1)a prioritized list of the programs, projects, and activities of the Department to best support the development of advanced nuclear reactor technologies;(2)realistic budget requirements for the Department to implement sections 955(c), 957, and 958; and(3)the justification of the Department for continuing or terminating existing civilian nuclear energy research and development programs..(j)Report on Fusion Innovation(1)In generalNot later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report identifying engineering designs for innovative fusion energy systems that have the potential to demonstrate net energy production not later than 15 years after the start of construction.(2)InclusionsThe report submitted under paragraph (1) shall identify budgetary requirements that would be necessary for the Department of Energy to carry out a fusion innovation initiative to accelerate research and development of the engineering designs identified in the report.(k)Conforming amendmentsThe table of contents for the Energy Policy Act of 2005 is amended by striking the item relating to section 957 and inserting the following:957. High-performance computation and supportive research.958. Enabling nuclear energy innovation.959. Budget plan..3.Advanced nuclear energy licensing cost-share grant program(a)DefinitionsIn this section:(1)CommissionThe term Commission means the Nuclear Regulatory Commission.(2)ProgramThe term program means the Advanced Nuclear Energy Cost-Share Grant Program established under subsection (b).(3)SecretaryThe term Secretary means the Secretary of Energy.(b)EstablishmentThe Secretary shall establish a grant program, to be known as the Advanced Nuclear Energy Cost-Share Grant Program, under which the Secretary shall make cost-share grants to applicants for the purpose of funding a portion of the Commission fees of the applicant for pre-application review activities and application review activities.(c)RequirementThe Secretary shall seek out technology diversity in making grants under the program.(d)Cost-Share amountThe Secretary shall determine the cost-share amount for each grant under the program in accordance with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).(e)Use of fundsA recipient of a grant under the program may use the grant funds to cover Commission fees, including those fees associated with—(1)developing a licensing project plan;(2)obtaining a statement of licensing feasibility;(3)reviewing topical reports; and(4)other—(A)pre-application review activities;(B)application review activities; and(C)interactions with the Commission.Speaker of the House of RepresentativesVice President of the United States and President of the Senate


		I
		111th CONGRESS
		1st Session
		H. R. 1462
		IN THE HOUSE OF REPRESENTATIVES

			March 12, 2009
			Mrs. Maloney (for
			 herself, Mr. Hinchey,
			 Mr. Grijalva, and
			 Ms. Berkley) introduced the following
			 bill; which was referred to the Committee
			 on Natural Resources

		A BILL
		To provide for a study by the National Academy of
		  Engineering regarding improving the accuracy of collection of royalties on
		  production of oil, condensate, and natural gas under leases of Federal lands
		  and Indian lands, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Study of Ways to Improve the Accuracy
			 of the Collection of Federal Oil, Condensate, and Natural Gas Royalties Act of
			 2009.
		2.Study of actions
			 to improve the accuracy of collection of Federal oil, condensate, and natural
			 gas royaltiesThe Secretary of
			 the Interior shall seek to enter into an arrangement with the National Academy
			 of Engineering under which the Academy, by not later than six months after the
			 date of the enactment of this Act, shall study and report to the Secretary
			 regarding whether the accuracy of collection of royalties on production of oil,
			 condensate, and natural gas under leases of Federal lands (in eluding submerged
			 and deep water lands) and Indian lands would be improved by any of the
			 following:
			(1)Requiring the
			 installation of digital meters, calibrated at least monthly to an absolute zero
			 value, for all lands from which natural gas (including condensate) is produced
			 under such leases.
			(2)Requiring
			 that—
				(A)the size of every
			 orifice plate on each natural gas well operated under such leases be inspected
			 at least quarterly by the Secretary; and
				(B)chipped orifice
			 plates and wrong-sized orifice plates be replaced immediately after those
			 inspections and reported to the Secretary for retroactive volume measurement
			 corrections and royalty payments with interest of 8 percent compounded
			 monthly.
				(3)Requiring that any
			 plug valves that are in natural gas gathering lines be removed and replaced
			 with ball valves.
			(4)Requiring
			 that—
				(A)all meter runs
			 should be opened for inspection by the Secretary and the producer at all times;
			 and
				(B)any welding or
			 closing of the meter runs leading to the orifice plates should be prohibited
			 unless authorized by the Secretary.
				(5)Requiring the installation of straightening
			 vanes approximately 10 feet before natural gas enters each orifice meter,
			 including each master meter and each sales meter.
			(6)Requiring that all
			 master meters be inspected and the results of such inspections be made
			 available to the Secretary and the producers immediately.
			(7)Requiring
			 that—
				(A)all sampling of
			 natural gas for heating content analysis be performed monthly upstream of each
			 natural gas meter, including upstream of each master meter;
				(B)records of such
			 sampling and heating content analysis be maintained by the purchaser and made
			 available to the Secretary and to the producer monthly;
				(C)probes for such
			 upstream sampling be installed upstream within three feet of each natural gas
			 meter;
				(D)any oil and
			 natural gas lease for which heat content analysis is falsified shall be subject
			 to cancellation;
				(E)natural gas
			 sampling probes be located—
					(i)upstream of the
			 natural gas meter at all times;
					(ii)within a few feet
			 of the natural gas meter; and
					(iii)after the
			 natural gas goes through a Welker or Y–Z vanishing chamber; and
					(F)temperature probes
			 and testing probes be located between the natural gas sampling probe and the
			 orifice of the natural gas meter.
				(8)(A)Reinstating the
			 requirement to file Federal Energy Regulatory Commission (FERC) Form 16 in
			 April and September of each year for every natural gas pipeline, including each
			 intrastate pipelines, in addition to the filing of FERC Form 2.
				(B)Requiring—
					(i)use of such FERC Form 2 to create
			 FERC Form 16 data for the years beginning April and September, respectively,
			 1992, and for each year thereafter; and
					(ii)filing with the Federal Energy
			 Regulatory Commission a FERC Form 16 for April and September that is completed
			 with such data back to April 1992.
					(9)Requiring that
			 administrative jurisdiction over all natural gas gathering lines, interstate
			 pipelines, and intrastate piplines revert immediately to the Federal Energy
			 Regulatory Commission.
			(10)Prohibiting the
			 dilution of natural gas with inert nitrogen or inert carbon dioxide gas for
			 royalty determination, sale, or resale at any point.
			(11)Requiring that both the measurement of the
			 volume of natural gas and the heating content analyses be reported only on the
			 basis of 14.73 PSI and 60 degrees Fahrenheit, regardless of the elevation above
			 sea level of such volume measurement and heating content analysis, for both
			 purchases and sales of natural gas.
			(12)Prohibiting the
			 construction of bypass pipes that go around the natural gas meter, and imposing
			 criminal penalties for any such construction or subsequent removal including,
			 but not limited to, automatic cancellation of the lease.
			(13)Requiring that all natural gas sold to
			 consumers have a minimum BTU content of 960 at an atmospheric pressure of 14.73
			 PSI and be at a temperature of 60 degrees Fahrenheit, as required by the State
			 of Wyoming Public Utilities Commission.
			(14)Requiring that all natural gas sold in the
			 USA will be on a MMBTU basis with the BTU content adjusted for elevation above
			 sea level in higher altitudes. Thus all natural gas meters must correct for BTU
			 content in higher elevations (altitudes).
			(15)Issuance by the
			 Secretary of rules for the measurement at the wellhead of the standard volume
			 of natural gas produced, based on independent industry standards such as those
			 suggested by the American Society of Testing Materials (ASTM).
			(16)Requiring use of
			 the fundamental orifice meter mass flow equation, as revised in 1990, for
			 calculating the standard volume of natural gas produced.
			(17)Requiring the use
			 of Fpv in standard volume measurement computations as described in the 1992
			 American Gas Association Report No. 8 entitled Compressibility Factor of
			 Natural Gas and Other Related Hydrocarbon Gases.
			(18)Requiring that
			 gathering lines must be constructed so as to have as few angles and turns as
			 possible, with a maximum of three angles, before they connect with the natural
			 gas meter.
			(19)Requiring that for
			 purposes of reporting the royalty value of natural gas, condensate, oil, and
			 associated natural gases, such royalty value must be based upon the natural
			 gas’ condensate’s, oil’s, and associated natural gases’ arm’s length,
			 independent market value, as reported in independent, respected market reports
			 such as Platts or Bloombergs, and not based upon industry controlled posted
			 prices, such as Koch’s.
			(20)Requiring that
			 royalties be paid on all the condensate recovered through purging gathering
			 lines and pipelines with a cone-shaped device to push out condensate (popularly
			 referred to as a pig) and on condensate recovered from separators,
			 dehydrators, and processing plants.
			(21)Requiring that all royalty deductions for
			 dehydration, treating, natural gas gathering, compression, transportation,
			 marketing, removal of impurities such as carbon dioxide
			 (CO2), nitrogen (N2), hydrogen
			 sulphide (H2S), mercaptain (HS), helium (He), and other
			 similar charges on natural gas, condensate, and oil produced under such leases
			 that are now in existence be eliminated.
			(22)Requiring that at
			 all times—
				(A)the quantity,
			 quality, and value obtained for natural gas liquids (condensate) be reported to
			 the Secretary; and
				(B)such reported
			 value be based on fair independent arm’s length market value.
				(23)Issuance by the
			 Secretary of regulations that prohibit venting or flaring (or both) of natural
			 gas in cases for which technology exists to reasonably prevent it, strict
			 enforcement of such prohibitions, and cancellation of leases for
			 violations.
			(24)Requiring lessees
			 to pay full royalties on any natural gas that is vented, flared, or otherwise
			 avoidably lost.
			(25)(A)Requiring payment of
			 royalties on carbon dioxide at the wellhead used for tertiary oil recovery from
			 depleted oil fields on the basis of 5 percent of the West Texas Intermediate
			 crude oil fair market price to be used for one MCF (1,000 cubic feet) of carbon
			 dioxide gas.
				(B)Requiring that—
					(i)carbon dioxide used for edible
			 purposes should be subjected to a royalty per thousand cubic feet (MCF) on the
			 basis of the sales price at the downstream delivery point without deducting for
			 removal of impurities, processing, transportation, and marketing costs;
					(ii)such price to apply with respect
			 to gaseous forms, liquid forms, and solid (dry ice) forms of carbon dioxide
			 converted to equivalent MCF; and
					(iii)such royalty to apply with
			 respect to both a direct producer of carbon dioxide and purchases of carbon
			 dioxide from another person that is either affiliated or not affiliated with
			 the purchaser.
					(26)Requiring
			 that—
				(A)all carbon dioxide
			 produced from Federal and Indian leases be analyzed for carcinogenic benzene;
			 and
				(B)benzene produced with such carbon dioxide
			 must be filtered out and removed safely as necessary to prevent harm to the
			 environment subjected to such benzene content, in order to create a maximum
			 permissible level (MPL) of 5 parts per billion.
				(27)Requiring
			 that—
				(A)royalties be paid
			 on the fair market value of nitrogen extracted from such leases that is used
			 industrially for well stimulation, helium recovery, or other uses; and
				(B)royalties be paid
			 on the fair market value of ultimately processed helium recovered from such
			 leases.
				(28)Allowing only 5
			 percent of the value of the elemental sulfur recovered during processing of
			 hydrogen sulfide gas from such leases to be deducted for processing costs in
			 determining royalty payments.
			(29)Requiring that all
			 heating content analysis of natural gas be conducted to a minimum level of
			 C15.
			(30)Eliminating
			 artificial conversion from dry BTU to wet BTU, and requiring that natural gas
			 be analyzed and royalties paid for at all times on the basis of dry BTU
			 only.
			(31)Requiring that
			 natural gas sampling be performed at all times with a floating piston cylinder
			 container at the same pressure intake as the pressure of the natural gas
			 gathering line.
			(32)Requiring use of
			 natural gas filters with a minimum of 10 microns, and preferably 15 microns,
			 both in the intake to natural gas sampling containers and in the exit from the
			 natural gas sampling containers into the chromatograph.
			(33)Mandate the use
			 of a Quad Unit for both portable and stationary chromatographs in order to
			 correct for the presence of nitrogen and oxygen, if any, in certain natural gas
			 streams.
			(34)Require the
			 calibration of all chromatograph equipment every three months and the use of
			 only American Gas Association-approved standard comparison containers for such
			 calibration.
			(35)Requiring that natural gas stored during
			 the summer period and marketed during the winter period—
				(A)be sold on the
			 basis of the purchase price minus a maximum of $0.50 per MMBTU storage charges;
			 or
				(B)be subject to
			 payment of royalties on the basis of winter sales price minus $0.50 per
			 MMBTU.
				(36)Requiring payment of royalties on any such
			 natural gas stored on Federal or Indian lands on the basis of corresponding
			 storage charges for the use of Federal or Indian lands, respectively, for such
			 storage service.
			(37)Imposing
			 penalties for the intentional nonpayment of royalties for natural gas liquids
			 recovered—
				(A)from purging of
			 natural gas gathering lines and natural gas pipelines; or
				(B)from field
			 separators, dehydrators, and processing plants,
				including
			 cancellation of oil and natural gas leases and criminal penalties.(38)Requiring that the separator, dehydrator,
			 and natural gas meter be located within 100 feet of each natural gas
			 wellhead.
			(39)Requiring that BTU heating content analysis
			 be performed when the natural gas is at a temperature of 140 to 150 degrees
			 Fahrenheit at all times, as required by the American Gas Association (AGA)
			 regulations.
			(40)Requiring that
			 heating content analysis and volume measurements are identical at the sales
			 point to what they are at the purchase point, after allowing for a small volume
			 for leakage in old pipes, but with no allowance for heating content
			 discrepancy.
			(41)Requiring that
			 all natural gas produced under such leases be at all times sold to public,
			 industrial, storage, and private customers only on a MMBTU basis of MCF (1000
			 CF) x MBTU (1000 BTU).
			(42)Verification by the Secretary that the
			 specific gravity of natural gas produced under such leases, as measured at the
			 meter run, corresponds to the heating content analysis data for such natural
			 gas, in accordance with the Natural Gas Processors Association Publication
			 2145–71(1), entitled Physical Constants Of Paraffin Hydrocarbons And
			 Other Components Of Natural Gas, and reporting of all discrepancies
			 immediately.
			(43)Prohibiting all
			 deductions on royalty payments for marketing of natural gas, condensate, and
			 oil by an affiliate or agent.
			(44)Requiring that
			 all standards of the American Petroleum Institute, the American Gas
			 Association, the Gas Processors Association, and the American Society of
			 Testing Materials, Minerals Management Service Order No. 5, and all other
			 Minerals Management Service orders be faithfully observed and applied, and
			 willful misconduct of such standards and orders be subject to oil and gas lease
			 cancellation.
			(45)Requiring that all oil and condensate
			 produced from Federal and Indian lands must be stored and measured in
			 cylindrical tanks, and prohibiting any distortion, such as squeezing or bending
			 of a storage tank, that hinders the true and honest measurement of volume of
			 condensate and oil.
			3.Review of royalty
			 paymentsThe Secretary of the
			 Interior, subject to the availability of appropriations, shall award a contract
			 under which the contractor shall—
			(1)compare royalty
			 payments made under Federal oil and gas lease provisions for covered lands
			 against data supplied to the Federal Energy Regulatory Commission;
			(2)make such
			 comparison retroactive to June 1, 1974, by integrating existing natural gas
			 analog charts or digital meter results (or both) for each natural gas meter and
			 multiplying the corresponding standard volume results by heating content
			 analysis obtained from corresponding specific gravity measurement
			 relationship;
			(3)determine whether
			 the correct production standard volume and total heating content analysis was
			 used to calculate such payments; and
			(4)determine whether
			 such payments were adequate under the terms of such oil and gas leases, by
			 among other procedures comparing the reported royalty values with respected
			 published market price reports, such as Platts or Bloombergs.
			4.DefinitionsIn this Act:
			(1)Covered
			 landsThe term covered lands means—
				(A)all Federal
			 onshore lands and offshore lands that are under the administrative jurisdiction
			 of the Department of the Interior for purposes of oil and gas leasing;
			 and
				(B)Indian onshore
			 lands.
				(2)SecretaryThe
			 term Secretary means the Secretary of the Interior.


116 S3576 IS: Disaster and Emergency Pricing Abuse Prevention Act
U.S. Senate
2020-03-24
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II116th CONGRESS2d SessionS. 3576IN THE SENATE OF THE UNITED STATESMarch 24, 2020Ms. Klobuchar (for herself, Mr. Blumenthal, Ms. Hirono, and Ms. Cortez Masto) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo clarify that the Federal Trade Commission Act prohibits excessive and unjustified price increases in the sale of certain products and services when an emergency or disaster results in abnormal disruptions of the market, and for other purposes.1.Short titleThis Act may be cited as the Disaster and Emergency Pricing Abuse Prevention Act.2.DefinitionsIn this section:(a)CommissionThe term Commission means the Federal Trade Commission.(b)Essential goods or servicesThe term essential goods or services means goods or services that may be used to preserve, protect, or sustain the health, safety, or welfare of members of the public from potential harms resulting from a natural disaster, a pandemic, or the circumstances giving rise to a state of emergency.(c)Natural disasterThe term natural disaster means a disaster, catastrophe, or emergency, including flood, fire, earthquake, storm, or other serious act of nature, which threatens the health, safety, or welfare of the public.(d)PersonThe term person means an individual or entity, its directors, officers, employees, agents, representatives, successors, and assigns, including any entity the person controls, and the respective directors, officers, employees, agents, representatives, successors, and assigns of each.(e)State of emergencyThe term state of emergency means any state of emergency or disaster declared by the President or by the government of any State or territory of the United States.(f)Unconscionably excessive priceThe term unconscionably excessive price means a price that represents a gross disparity between the price of the essential good or service that is the subject of an offer or transaction during, or in anticipation of, a natural disaster, pandemic, or state of emergency and the average price at which such essential good or service was offered in the ordinary course of business prior to any public anticipation of a natural disaster, pandemic, or state of emergency.3.Federal Trade Commission enforcement against price gouging(a)ViolationSelling, or offering for sale, essential goods and services, in or affecting commerce, at an unconscionably excessive price during, or in anticipation of, a natural disaster, pandemic, or state of emergency, shall constitute an unfair or deceptive act or practice under section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)).(b)Civil action(1)In generalIf the Commission has reason to believe that there has been a violation of section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) under subsection (a) of this section, the Commission may commence a civil action to recover a civil penalty and seek other appropriate relief in a district court of the United States.(2)PresumptionIn a civil action under paragraph (1), the price of an essential good or service shall be presumed to be an unconscionably excessive price if the price charged or offered by the defendant during, or in anticipation of, a natural disaster, pandemic, or state of emergency, exceeded by 20 percent the greater of—(A)the average price charged by the defendant for the essential good or service during the preceding 60 days before the public could reasonably have anticipated the natural disaster, pandemic, or state of emergency; or(B)the average price at which buyers could obtain such good or service or similar goods or services in the geographic area during the 60-day period before the date on which the public could reasonably have anticipated the natural disaster, pandemic, or state of emergency,unless the price charged by the defendant is attributable to price increases in related input markets or to additional expenses not within the control of the defendant that increased the defendant’s costs to furnish the essential goods or services.(3)Civil penaltyIn an action under paragraph (1), any person that has been found liable for a violation of section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) under subsection (a) of this section shall be subject to a civil penalty of an amount no greater than $10,000 per violation.(4)Rule of constructionThe civil penalty provided in this subsection is in addition to, and not in lieu of, any other remedies provided by Federal law, including injunctive relief under section 13(b) of the Federal Trade Commission Act (15 U.S.C. 53(b)). Nothing in this paragraph shall be construed to affect any authority of the Commission under any other provision of law.4.Price gouging hotlineThe Commission shall establish a telephone hotline and an online portal dedicated solely to receiving price gouging complaints from the public, which shall be activated in anticipation of or during major disasters or states of emergency and shall remain operational until 120 days after the conclusion of such major disasters or states of emergency.5.No preemption of State lawNothing in this Act preempts any State law.