113 S1169 RS: Limestone Hills Training Area Withdrawal Act of 2013
U.S. Senate
2013-06-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 377113th CONGRESS2d SessionS. 1169[Report No. 113–160]IN THE SENATE OF THE UNITED STATESJune 13, 2013Mr. Baucus (for himself and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesMay 14, 2014Reported by Ms. Landrieu, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo withdraw and reserve certain public land in the State of Montana for the Limestone Hills
			 Training Area, and for other purposes.1.Short
			 titleThis Act may be cited as
			 the Limestone Hills Training Area Withdrawal Act of 2013.2.Withdrawal and
			 reservation of public lands for Limestone Hills Training Area, Montana(a)WithdrawalSubject to valid existing rights and except
			 as provided in this Act, the public lands and interests in lands described
			 in
			 subsection (c), and all other areas within the boundaries of such lands as
			 depicted on the map provided for by subsection (d) that may become subject
			 to
			 the operation of the public land laws, are hereby withdrawn from all forms
			 of
			 appropriation under the public land laws, including the mining laws and
			 the
			 mineral leasing and geothermal leasing laws.(b)Reservation;
			 purposeSubject to the
			 limitations and restrictions contained in section 4, the public lands
			 withdrawn
			 by subsection (a) are reserved for use by the Secretary of the Army for
			 the
			 following purposes:(1)The conduct of training for active and
			 reserve components of the Armed Forces.(2)The construction,
			 operation, and maintenance of organizational support and maintenance
			 facilities
			 for component units conducting training.(3)The conduct of training by the Montana
			 Department of Military Affairs, except that any such use may not interfere
			 with
			 purposes specified in paragraphs (1) and (2).(4)The conduct of training by State and local
			 law enforcement agencies, civil defense organizations, and public
			 education
			 institutions, except that any such use may not interfere with military
			 training
			 activities.(5)Other
			 defense-related purposes consistent with the purposes specified in the
			 preceding paragraphs.(c)Land
			 DescriptionThe public lands
			 and interests in lands withdrawn and reserved by this section comprise
			 approximately 18,644 acres in Broadwater County, Montana, as generally
			 depicted
			 as Proposed Land Withdrawal on the map titled Limestone
			 Hills Training Area Land Withdrawal, dated April 10, 2013.(d)Legal
			 description and map(1)In
			 generalAs soon as
			 practicable after the date of the enactment of this Act, the Secretary of
			 the
			 Interior shall publish in the Federal Register a legal description of the
			 public land withdrawn under subsection (a) and a copy of a map depicting
			 the
			 legal description of the withdrawn land.(2)Force of
			 lawThe legal description and map published under paragraph (1)
			 shall have the same force and effect as if included in this Act, except
			 that
			 the Secretary of the Interior may correct errors in the legal
			 description.(3)Reimbursement of
			 costsThe Secretary of the Army shall reimburse the Secretary of
			 the Interior for any costs incurred by the Secretary of the Interior in
			 implementing this subsection.(e)Indian
			 tribesNothing in this Act
			 shall be construed as altering any rights reserved for an Indian tribe for
			 tribal use of lands within the military land withdrawal by treaty or
			 Federal
			 law. The Secretary of the Army shall consult with any Indian tribes in the
			 vicinity of the military land withdrawal before taking action within the
			 military land withdrawal affecting tribal rights or cultural resources
			 protected by treaty or Federal law.3.Management of
			 withdrawn and reserved landsDuring the period of the withdrawal and
			 reservation specified in section 6, the Secretary of the Army shall manage
			 the
			 public lands withdrawn by section 2 for the purposes specified in
			 subsection
			 (b) of such section, subject to the limitations and restrictions contained
			 in
			 section 4.4.Special rules
			 governing minerals management(a)Indian Creek
			 Mine(1)In
			 generalOf the lands
			 withdrawn by section 2, locatable mineral activities in the approved
			 Indian
			 Creek Mine plan of operations, MTM–78300, shall be regulated pursuant to
			 subparts 3715 and 3809 of title 43, Code of Federal Regulations.(2)Restrictions on
			 Secretary of the ArmyThe Secretary of the Army shall make no
			 determination that the disposition of or exploration for minerals as
			 provided
			 for in the approved plan of operations is inconsistent with the
			 defense-related
			 uses of the lands covered by the military land withdrawal. The
			 coordination of
			 such disposition of and exploration for minerals with defense-related uses
			 of
			 such lands shall be determined pursuant to procedures in an agreement
			 provided
			 for under subsection (c).(3)Opportunity to
			 cureNotwithstanding the Act of May 10, 1872 (commonly known as
			 the General Mining Act of 1872) (20 U.S.C. 22 et seq.) and only
			 until the Secretary of the Interior publishes an opening order under
			 section
			 13, the Secretary of the Interior shall offer a notice and 60-day
			 opportunity
			 to cure discrepancies in the original location or the failure to maintain
			 mining claims within the land area subject to the approved plan of
			 operations.(b)Removal of
			 unexploded ordnance on lands To be mined(1)Removal
			 activitiesSubject to the
			 availability of funds appropriated for such purpose, the Secretary of the
			 Army
			 shall remove unexploded ordnance on lands withdrawn by section 2 that are
			 subject to mining under subsection (a), consistent with applicable Federal
			 and
			 State law. The Secretary of the Army may engage in such removal of
			 unexploded
			 ordnance in phases to accommodate the development of the Indian Creek Mine
			 pursuant to subsection (a).(2)Report on
			 removal activitiesThe
			 Secretary of the Army shall annually submit to the Secretary of the
			 Interior a
			 report regarding the unexploded ordnance removal activities for the
			 previous
			 fiscal year performed pursuant to this subsection. The report shall
			 include—(A)the amounts of
			 funding expended for unexploded ordnance removal on the lands withdrawn by
			 section 2; and(B)the identification
			 of the lands cleared of unexploded ordnance and approved for mining
			 activities
			 by the Secretary of the Interior.(c)Implementation
			 agreement for mining activitiesThe Secretary of the Interior and the
			 Secretary of the Army shall enter into an agreement to implement this
			 section
			 with regard to coordination of defense-related uses and mining and the
			 ongoing
			 removal of unexploded ordnance. The duration of the agreement shall be the
			 same
			 as the period of the withdrawal under section 2, but may be amended from
			 time
			 to time. The agreement shall provide the following:(1)That Graymont
			 Western US, Inc., or any successor or assign of the approved Indian Creek
			 Mine
			 mining plan of operations, MTM–78300, is invited to be a party to the
			 agreement.(2)Provisions regarding the day-to-day
			 joint-use of the Limestone Hills Training Area.(3)Provisions addressing when military and
			 other authorized uses of the withdrawn lands will occur.(4)Provisions
			 regarding when and where military use or training with explosive material
			 will
			 occur.(5)Provisions
			 regarding the scheduling of training activities conducted within the
			 withdrawn
			 area that restrict mining activities and procedures for deconfliction with
			 mining operations, including parameters for notification and resolution of
			 anticipated changes to the schedule.(6)Provisions
			 regarding liability and compensation for damages or injury caused by
			 mining or
			 military training activities.(7)Provisions for
			 periodic review of the agreement for its adequacy, effectiveness, and need
			 for
			 revision.(8)Procedures for
			 access through mining operations covered by this section to training areas
			 within the boundaries of the Limestone Hills Training Area.(9)Procedures for
			 scheduling of the removal of unexploded ordnance.(d)Existing
			 memorandum of agreementUntil
			 such time as the agreement required under subsection (c) becomes
			 effective, the
			 compatible joint use of the lands withdrawn and reserved by section 2
			 shall be
			 governed, to the extent compatible, by the terms of the 2005 Memorandum of
			 Agreement among the Montana Army National Guard, Graymont Western US,
			 Inc., and
			 the Bureau of Land Management.5.Grazing(a)Issuance and
			 administration of permits and leasesThe issuance and administration of grazing
			 permits and leases, including their renewal, on the public lands withdrawn
			 by
			 section 2 shall be managed by the Secretary of the Interior consistent
			 with all
			 applicable laws, regulations, and policies of the Secretary of the
			 Interior
			 relating to such permits and leases.(b)Safety
			 requirementsWith respect to
			 any grazing permit or lease issued after the date of the enactment of this
			 Act
			 for lands withdrawn by section 2, the Secretary of the Interior and the
			 Secretary of the Army shall jointly establish procedures that are
			 consistent
			 with Department of the Army explosive and range safety standards and that
			 provide for the safe use of any such lands.(c)AssignmentThe Secretary of the Interior may, with the
			 agreement of the Secretary of the Army, assign the authority to issue and
			 to
			 administer grazing permits and leases to the Secretary of the Army, except
			 that
			 such an assignment may not include the authority to discontinue grazing on
			 the
			 lands withdrawn by section 2.6.Duration of
			 withdrawal and reservationThe
			 military land withdrawal made by section 2 shall terminate on March 31,
			 2039.7.Payments in lieu
			 of taxesThe lands withdrawn
			 by section 2 shall remain eligible as entitlement land under section 6901
			 of
			 title 31, United States Code.8.Hunting, fishing
			 and trappingAll hunting,
			 fishing and trapping on the lands withdrawn by section 2 shall be
			 conducted in
			 accordance with section 2671 of title 10, United States Code.9.Water
			 rights(a)Water
			 rightsNothing in this Act shall be construed—(1)to establish a
			 reservation in favor of the United States with respect to any water or
			 water
			 right on lands withdrawn by section 2; or(2)to authorize the
			 appropriation of water on lands withdrawn by section 2, except in
			 accordance
			 with applicable State law.(b)Effect on
			 previously acquired or reserved water rightsThis section shall
			 not be construed to affect any water rights acquired or reserved by the
			 United
			 States before the date of the enactment of this Act.10.Brush and range
			 fire prevention and suppression(a)Required
			 activitiesThe Secretary of
			 the Army shall, consistent with any applicable land management plan, take
			 necessary precautions to prevent, and actions to suppress, brush and range
			 fires occurring as a result of military activities on the lands withdrawn
			 and
			 reserved by section 2, including fires outside those lands that spread
			 from the
			 withdrawn land and which occurred as a result of such activities.(b)Cooperation of
			 secretary of the interiorAt the request of the Secretary of the
			 Army, the Secretary of the Interior shall provide assistance in the
			 suppression
			 of such fires and shall be reimbursed for such assistance by the Secretary
			 of
			 the Army. Notwithstanding section 2215 of title 10, United States Code,
			 the
			 Secretary of the Army may transfer to the Secretary of the Interior, in
			 advance, funds to reimburse the costs of the Department of the Interior in
			 providing such assistance.11.On-going
			 decontaminationDuring the
			 withdrawal and reservation authorized by section 2, the Secretary of the
			 Army
			 shall maintain, to the extent funds are available for such purpose, a
			 program
			 of decontamination of contamination caused by defense-related uses on such
			 lands consistent with applicable Federal and State law. The Secretary of
			 Defense shall include a description of such decontamination activities in
			 the
			 annual report required by section 2711 of title 10, United States Code.12.Application for
			 renewal of a withdrawal and reservation(a)NoticeTo
			 the extent practicable, no later than five years before the termination of
			 the
			 withdrawal and reservation made by section 2, the Secretary of the Army
			 shall
			 notify the Secretary of the Interior whether the Secretary of the Army
			 will
			 have a continuing defense-related need for any of the lands withdrawn and
			 reserved by section 2 after the termination date of such withdrawal and
			 reservation. The Secretary of the Army shall provide a copy of the notice
			 to
			 the Committee on Armed Services and the Committee on Energy and Natural
			 Resources of the Senate and the Committee on Armed Services and the
			 Committee
			 on Natural Resources of the House of Representatives.(b)Filing for
			 extensionIf the Secretary of the Army concludes that there will
			 be a continuing defense-related need for any of the withdrawn and reserved
			 lands after the termination date, the Secretary of the Army shall file an
			 application for extension of the withdrawal and reservation of such needed
			 lands in accordance with the regulations and procedures of the Department
			 of
			 the Interior applicable to the extension of withdrawals and
			 reservations.13.Limitation on
			 subsequent availability of lands for appropriationAt
			 the time of termination of a withdrawal and reservation made by section 2,
			 the
			 previously withdrawn lands shall not be open to any form of appropriation
			 under
			 the public land laws, including the mining laws and the mineral leasing
			 and
			 geothermal leasing laws, until the Secretary of the Interior publishes in
			 the
			 Federal Register an appropriate order specifying the date upon which such
			 lands
			 shall be restored to the public domain and opened for such purposes.14.Relinquishment(a)Notice of
			 intention To relinquishIf, during the period of withdrawal and
			 reservation under section 2, the Secretary of the Army decides to
			 relinquish
			 any or all of the lands withdrawn and reserved, the Secretary of the Army
			 shall
			 file a notice of intention to relinquish with the Secretary of the
			 Interior.(b)Determination of
			 contaminationAs a part of the notice under subsection (a), the
			 Secretary of the Army shall include a written determination concerning
			 whether
			 and to what extent the lands that are to be relinquished are contaminated
			 with
			 explosive materials or toxic or hazardous substances.(c)Public
			 noticeThe Secretary of the Interior shall publish in the Federal
			 Register the notice of intention to relinquish, including the
			 determination
			 concerning the contaminated state of the lands.(d)Decontamination
			 of lands To be relinquished(1)Conditions
			 requiring decontaminationIf land subject of a notice of
			 intention to relinquish pursuant to subsection (a) is contaminated, and
			 the
			 Secretary of the Interior, in consultation with the Secretary of the Army,
			 determines that decontamination is practicable and economically feasible
			 (taking into consideration the potential future use and value of the land)
			 and
			 that, upon decontamination, the land could be opened to operation of some
			 or
			 all of the public land laws, including the mining laws and the mineral
			 leasing
			 and geothermal leasing laws, the Secretary of the Army shall decontaminate
			 the
			 land to the extent that funds are appropriated for such purpose.(2)Discretion if
			 conditions not metIf the Secretary of the Interior, after
			 consultation with the Secretary of the Army, concludes that
			 decontamination of
			 land subject of a notice of intention to relinquish pursuant to subsection
			 (a)
			 is not practicable or economically feasible, or that the land cannot be
			 decontaminated sufficiently to be opened to operation of some or all of
			 the
			 public land laws, or if Congress does not appropriate sufficient funds for
			 the
			 decontamination of such land, the Secretary of the Interior shall not be
			 required to accept the land proposed for relinquishment.(3)ResponseIf the Secretary of the Interior declines
			 to accept the lands that have been proposed for relinquishment because of
			 their
			 contaminated state, or if at the expiration of the withdrawal and
			 reservation
			 made by section 2 the Secretary of the Interior determines that some of
			 the
			 lands withdrawn and reserved are contaminated to an extent which prevents
			 opening such contaminated lands to operation of the public land laws—(A)the Secretary of
			 the Army shall take appropriate steps to warn the public of the
			 contaminated
			 state of such lands and any risks associated with entry onto such lands;(B)after the
			 expiration of the withdrawal and reservation, the Secretary of the Army
			 shall
			 undertake no activities on such lands except in connection with
			 decontamination
			 of such lands; and(C)the Secretary of
			 the Army shall report to the Secretary of the Interior and to the Congress
			 concerning the status of such lands and all actions taken in furtherance
			 of
			 this paragraph.(e)Revocation
			 authorityUpon deciding that it is in the public interest to
			 accept the lands proposed for relinquishment pursuant to subsection (a),
			 the
			 Secretary of the Interior may order the revocation of the withdrawal and
			 reservation made by section 2 as it applies to such lands. The Secretary
			 of the
			 Interior shall publish in the Federal Register the revocation order, which
			 shall—(1)terminate the
			 withdrawal and reservation;(2)constitute
			 official acceptance of the lands by the Secretary of the Interior; and(3)state the date
			 upon which the lands will be opened to the operation of some or all of the
			 public land laws, including the mining laws.(f)Acceptance by
			 secretary of the interiorNothing in this section shall be
			 construed to require the Secretary of the Interior to accept the lands
			 proposed
			 for relinquishment if the Secretary determines that such lands are not
			 suitable
			 for return to the public domain. If the Secretary makes such a
			 determination,
			 the Secretary shall provide notice of the determination to Congress.1.Short
			 titleThis Act may be cited as
			 the Limestone Hills Training Area Withdrawal Act of 2014.2.Withdrawal and
			 reservation of public lands for Limestone Hills Training Area, Montana(a)WithdrawalSubject to valid existing rights and except
			 as provided in this Act, the public lands and interests in lands described
			 in
			 subsection (c), and all other areas within the boundaries of such lands as
			 depicted on the map provided for by subsection (d) that may become subject
			 to
			 the operation of the public land laws, are hereby withdrawn from all forms
			 of
			 appropriation under the public land laws, including the mining laws and
			 the
			 mineral leasing and geothermal leasing laws.(b)Reservation;
			 purposeSubject to the
			 limitations and restrictions contained in section 4, the public lands
			 withdrawn
			 by subsection (a) are reserved for use by the Secretary of the Army for
			 the
			 following purposes:(1)The conduct of training for active and
			 reserve components of the Armed Forces.(2)The construction,
			 operation, and maintenance of organizational support and maintenance
			 facilities
			 for component units conducting training.(3)The conduct of training by the Montana
			 Department of Military Affairs, except that any such use may not interfere
			 with
			 purposes specified in paragraphs (1) and (2).(4)The conduct of training by State and local
			 law enforcement agencies, civil defense organizations, and public
			 education
			 institutions, except that any such use may not interfere with military
			 training
			 activities.(5)Other
			 defense-related purposes consistent with the purposes specified in the
			 preceding paragraphs.(c)Land
			 DescriptionThe public lands
			 and interests in lands withdrawn and reserved by this section comprise
			 approximately 18,644 acres in Broadwater County, Montana, as generally
			 depicted
			 as Proposed Land Withdrawal on the map titled Limestone
			 Hills Training Area Land Withdrawal, dated April 10, 2013.(d)Legal
			 description and map(1)In
			 generalAs soon as
			 practicable after the date of the enactment of this Act, the Secretary of
			 the
			 Interior shall publish in the Federal Register a legal description of the
			 public land withdrawn under subsection (a) and a copy of a map depicting
			 the
			 legal description of the withdrawn land.(2)Force of
			 lawThe legal description and map published under paragraph (1)
			 shall have the same force and effect as if included in this Act, except
			 that
			 the Secretary of the Interior may correct errors in the legal
			 description.(3)Reimbursement of
			 costsThe Secretary of the Army shall reimburse the Secretary of
			 the Interior for any costs incurred by the Secretary of the Interior in
			 implementing this subsection.(e)Indian
			 tribesNothing in this Act
			 shall be construed as altering any rights reserved for an Indian tribe for
			 tribal use of lands within the military land withdrawal by treaty or
			 Federal
			 law. The Secretary of the Army shall consult with any Indian tribes in the
			 vicinity of the military land withdrawal before taking action within the
			 military land withdrawal affecting tribal rights or cultural resources
			 protected by treaty or Federal law.3.Management of
			 withdrawn and reserved landsDuring the period of the withdrawal and
			 reservation specified in section 6, the Secretary of the Army shall manage
			 the
			 public lands withdrawn by section 2 for the purposes specified in
			 subsection
			 (b) of such section, subject to the limitations and restrictions contained
			 in
			 section 4.4.Special rules
			 governing minerals management(a)Indian Creek
			 Mine(1)In
			 generalOf the lands
			 withdrawn by section 2, locatable mineral activities in the approved
			 Indian
			 Creek Mine plan of operations, MTM–78300, shall be regulated pursuant to
			 subparts 3715 and 3809 of title 43, Code of Federal Regulations.(2)Restrictions on
			 Secretary of the ArmyThe Secretary of the Army shall make no
			 determination that the disposition of or exploration for minerals as
			 provided
			 for in the approved plan of operations is inconsistent with the
			 defense-related
			 uses of the lands covered by the military land withdrawal. The
			 coordination of
			 such disposition of and exploration for minerals with defense-related uses
			 of
			 such lands shall be determined pursuant to procedures in an agreement
			 provided
			 for under subsection (c).(b)Removal of
			 unexploded ordnance on lands To be mined(1)Removal
			 activitiesSubject to the
			 availability of funds appropriated for such purpose, the Secretary of the
			 Army
			 shall remove unexploded ordnance on lands withdrawn by section 2 that are
			 subject to mining under subsection (a), consistent with applicable Federal
			 and
			 State law. The Secretary of the Army may engage in such removal of
			 unexploded
			 ordnance in phases to accommodate the development of the Indian Creek Mine
			 pursuant to subsection (a).(2)Report on
			 removal activitiesThe
			 Secretary of the Army shall annually submit to the Secretary of the
			 Interior a
			 report regarding the unexploded ordnance removal activities for the
			 previous
			 fiscal year performed pursuant to this subsection. The report shall
			 include—(A)the amounts of
			 funding expended for unexploded ordnance removal on the lands withdrawn by
			 section 2; and(B)the identification
			 of the lands cleared of unexploded ordnance and approved for mining
			 activities
			 by the Secretary of the Interior.(c)Implementation
			 agreement for mining activitiesThe Secretary of the Interior and the
			 Secretary of the Army shall enter into an agreement to implement this
			 section
			 with regard to coordination of defense-related uses and mining and the
			 ongoing
			 removal of unexploded ordnance. The duration of the agreement shall be the
			 same
			 as the period of the withdrawal under section 2, but may be amended from
			 time
			 to time. The agreement shall provide the following:(1)That Graymont
			 Western US, Inc., or any successor or assign of the approved Indian Creek
			 Mine
			 mining plan of operations, MTM–78300, is invited to be a party to the
			 agreement.(2)Provisions regarding the day-to-day
			 joint-use of the Limestone Hills Training Area.(3)Provisions addressing when military and
			 other authorized uses of the withdrawn lands will occur.(4)Provisions
			 regarding when and where military use or training with explosive material
			 will
			 occur.(5)Provisions
			 regarding the scheduling of training activities conducted within the
			 withdrawn
			 area that restrict mining activities and procedures for deconfliction with
			 mining operations, including parameters for notification and resolution of
			 anticipated changes to the schedule.(6)Procedures for
			 access through mining operations covered by this section to training areas
			 within the boundaries of the Limestone Hills Training Area.(7)Procedures for
			 scheduling of the removal of unexploded ordnance.(d)Existing
			 memorandum of agreementUntil
			 such time as the agreement required under subsection (c) becomes
			 effective, the
			 compatible joint use of the lands withdrawn and reserved by section 2
			 shall be
			 governed, to the extent compatible, by the terms of the 2005 Memorandum of
			 Agreement among the Montana Army National Guard, Graymont Western US,
			 Inc., and
			 the Bureau of Land Management.5.Grazing(a)Issuance and
			 administration of permits and leasesThe issuance and administration of grazing
			 permits and leases, including their renewal, on the public lands withdrawn
			 by
			 section 2 shall be managed by the Secretary of the Interior consistent
			 with all
			 applicable laws, regulations, and policies of the Secretary of the
			 Interior
			 relating to such permits and leases.(b)Safety
			 requirementsWith respect to
			 any grazing permit or lease issued after the date of the enactment of this
			 Act
			 for lands withdrawn by section 2, the Secretary of the Interior and the
			 Secretary of the Army shall jointly establish procedures that are
			 consistent
			 with Department of the Army explosive and range safety standards and that
			 provide for the safe use of any such lands.(c)AssignmentThe Secretary of the Interior may, with the
			 agreement of the Secretary of the Army, assign the authority to issue and
			 to
			 administer grazing permits and leases to the Secretary of the Army, except
			 that
			 such an assignment may not include the authority to discontinue grazing on
			 the
			 lands withdrawn by section 2.6.Duration of
			 withdrawal and reservationThe
			 military land withdrawal made by section 2 shall terminate on March 31,
			 2039.7.Hunting, fishing
			 and trappingAll hunting,
			 fishing and trapping on the lands withdrawn by section 2 shall be
			 conducted in
			 accordance with section 2671 of title 10, United States Code.8.Water
			 rights(a)Water
			 rightsNothing in this Act shall be construed—(1)to establish a
			 reservation in favor of the United States with respect to any water or
			 water
			 right on lands withdrawn by section 2; or(2)to authorize the
			 appropriation of water on lands withdrawn by section 2, except in
			 accordance
			 with applicable State law.(b)Effect on
			 previously acquired or reserved water rightsThis section shall
			 not be construed to affect any water rights acquired or reserved by the
			 United
			 States before the date of the enactment of this Act.9.Brush and range
			 fire prevention and suppression(a)Required
			 activitiesThe Secretary of
			 the Army shall, consistent with any applicable land management plan, take
			 necessary precautions to prevent, and actions to suppress, brush and range
			 fires occurring as a result of military activities on the lands withdrawn
			 and
			 reserved by section 2, including fires outside those lands that spread
			 from the
			 withdrawn land and which occurred as a result of such activities.(b)Cooperation of
			 secretary of the interiorAt the request of the Secretary of the
			 Army, the Secretary of the Interior shall provide assistance in the
			 suppression
			 of such fires and shall be reimbursed for such assistance by the Secretary
			 of
			 the Army. Notwithstanding section 2215 of title 10, United States Code,
			 the
			 Secretary of the Army may transfer to the Secretary of the Interior, in
			 advance, funds to reimburse the costs of the Department of the Interior in
			 providing such assistance.10.On-going
			 decontaminationDuring the
			 withdrawal and reservation authorized by section 2, the Secretary of the
			 Army
			 shall maintain, to the extent funds are available for such purpose, a
			 program
			 of decontamination of contamination caused by defense-related uses on such
			 lands consistent with applicable Federal and State law. The Secretary of
			 Defense shall include a description of such decontamination activities in
			 the
			 annual report required by section 2711 of title 10, United States Code.11.Application for
			 renewal of a withdrawal and reservation(a)NoticeTo
			 the extent practicable, no later than five years before the termination of
			 the
			 withdrawal and reservation made by section 2, the Secretary of the Army
			 shall
			 notify the Secretary of the Interior whether the Secretary of the Army
			 will
			 have a continuing defense-related need for any of the lands withdrawn and
			 reserved by section 2 after the termination date of such withdrawal and
			 reservation. The Secretary of the Army shall provide a copy of the notice
			 to
			 the Committee on Armed Services and the Committee on Energy and Natural
			 Resources of the Senate and the Committee on Armed Services and the
			 Committee
			 on Natural Resources of the House of Representatives.(b)Filing for
			 extensionIf the Secretary of the Army concludes that there will
			 be a continuing defense-related need for any of the withdrawn and reserved
			 lands after the termination date, the Secretary of the Army shall file an
			 application for extension of the withdrawal and reservation of such needed
			 lands in accordance with the regulations and procedures of the Department
			 of
			 the Interior applicable to the extension of withdrawals and
			 reservations.12.Limitation on
			 subsequent availability of lands for appropriationAt
			 the time of termination of a withdrawal and reservation made by section 2,
			 the
			 previously withdrawn lands shall not be open to any form of appropriation
			 under
			 the public land laws, including the mining laws and the mineral leasing
			 and
			 geothermal leasing laws, until the Secretary of the Interior publishes in
			 the
			 Federal Register an appropriate order specifying the date upon which such
			 lands
			 shall be restored to the public domain and opened for such purposes.13.Relinquishment(a)Notice of
			 intention To relinquishIf, during the period of withdrawal and
			 reservation under section 2, the Secretary of the Army decides to
			 relinquish
			 any or all of the lands withdrawn and reserved, the Secretary of the Army
			 shall
			 file a notice of intention to relinquish with the Secretary of the
			 Interior.(b)Determination of
			 contaminationAs a part of the notice under subsection (a), the
			 Secretary of the Army shall include a written determination concerning
			 whether
			 and to what extent the lands that are to be relinquished are contaminated
			 with
			 explosive materials or toxic or hazardous substances.(c)Public
			 noticeThe Secretary of the Interior shall publish in the Federal
			 Register the notice of intention to relinquish, including the
			 determination
			 concerning the contaminated state of the lands.(d)Decontamination
			 of lands To be relinquished(1)Conditions
			 requiring decontaminationIf land subject of a notice of
			 intention to relinquish pursuant to subsection (a) is contaminated, and
			 the
			 Secretary of the Interior, in consultation with the Secretary of the Army,
			 determines that decontamination is practicable and economically feasible
			 (taking into consideration the potential future use and value of the land)
			 and
			 that, upon decontamination, the land could be opened to operation of some
			 or
			 all of the public land laws, including the mining laws and the mineral
			 leasing
			 and geothermal leasing laws, the Secretary of the Army shall decontaminate
			 the
			 land to the extent that funds are appropriated for such purpose.(2)Discretion if
			 conditions not metIf the Secretary of the Interior, after
			 consultation with the Secretary of the Army, concludes that
			 decontamination of
			 land subject of a notice of intention to relinquish pursuant to subsection
			 (a)
			 is not practicable or economically feasible, or that the land cannot be
			 decontaminated sufficiently to be opened to operation of some or all of
			 the
			 public land laws, or if Congress does not appropriate sufficient funds for
			 the
			 decontamination of such land, the Secretary of the Interior shall not be
			 required to accept the land proposed for relinquishment.(3)ResponseIf the Secretary of the Interior declines
			 to accept the lands that have been proposed for relinquishment because of
			 their
			 contaminated state, or if at the expiration of the withdrawal and
			 reservation
			 made by section 2 the Secretary of the Interior determines that some of
			 the
			 lands withdrawn and reserved are contaminated to an extent which prevents
			 opening such contaminated lands to operation of the public land laws—(A)the Secretary of
			 the Army shall take appropriate steps to warn the public of the
			 contaminated
			 state of such lands and any risks associated with entry onto such lands;(B)after the
			 expiration of the withdrawal and reservation, the Secretary of the Army
			 shall
			 undertake no activities on such lands except in connection with
			 decontamination
			 of such lands; and(C)the Secretary of
			 the Army shall report to the Secretary of the Interior and to the Congress
			 concerning the status of such lands and all actions taken in furtherance
			 of
			 this paragraph.(e)Revocation
			 authorityUpon deciding that it is in the public interest to
			 accept the lands proposed for relinquishment pursuant to subsection (a),
			 the
			 Secretary of the Interior may order the revocation of the withdrawal and
			 reservation made by section 2 as it applies to such lands. The Secretary
			 of the
			 Interior shall publish in the Federal Register the revocation order, which
			 shall—(1)terminate the
			 withdrawal and reservation;(2)constitute
			 official acceptance of the lands by the Secretary of the Interior; and(3)state the date
			 upon which the lands will be opened to the operation of some or all of the
			 public land laws, including the mining laws.(f)Acceptance by
			 secretary of the interiorNothing in this section shall be
			 construed to require the Secretary of the Interior to accept the lands
			 proposed
			 for relinquishment if the Secretary determines that such lands are not
			 suitable
			 for return to the public domain. If the Secretary makes such a
			 determination,
			 the Secretary shall provide notice of the determination to Congress.May 14, 2014Reported with an amendment


		II
		Calendar No. 49
		110th CONGRESS
		1st Session
		S. 264
		[Report No. 110–23]
		IN THE SENATE OF THE UNITED STATES

			January 11, 2007
			Mr. Smith (for himself
			 and Mr. Wyden) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			February 16, 2007
			Reported by Mr.
			 Bingaman, with an amendment
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To authorize the Bureau of Reclamation to participate in
		  the rehabilitation of the Wallowa Lake Dam in Oregon, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Wallowa Lake Dam Rehabilitation and
			 Water Management Act of 2007.
		2.DefinitionsIn this Act:
			(1)Associated ditch
			 companies, incorporatedThe term Associated Ditch
			 Companies, Incorporated means the nonprofit corporation established
			 under the laws of the State of Oregon that operates Wallowa Lake Dam.
			(2)Phase ii and
			 phase iii of the wallowa valley water management planThe term
			 Phase II and Phase III of the Wallowa Valley Water Management Plan
			 means the Phase II program for fish passage improvements and water conservation
			 measures, and the Phase III program for implementation of water exchange
			 infrastructure, developed for the Wallowa River watershed, as contained in the
			 document entitled Wallowa Lake Dam Rehabilitation and Water Management
			 Plan Vision Statement, dated February 2001, and on file with the Bureau
			 of Reclamation.
			(3)SecretaryThe
			 term Secretary means the Secretary of the Interior, acting through
			 the Commissioner of Reclamation.
			(4)Wallowa lake dam
			 rehabilitation programThe term Wallowa Lake Dam
			 Rehabilitation Program means the program for the rehabilitation of the
			 Wallowa Lake Dam in Oregon, as contained in the engineering document entitled,
			 Phase I Dam Assessment and Preliminary Engineering Design, dated
			 December 2002, and on file with the Bureau of Reclamation.
			3.Authorization to
			 participate in program
			(a)Grants and
			 Cooperative AgreementsThe Secretary may provide grants to, or
			 enter into cooperative or other agreements with, tribal, State, and local
			 governmental entities and the Associated Ditch Companies, Incorporated, to
			 plan, design, and construct facilities needed to implement the Wallowa Lake Dam
			 Rehabilitation Program and Phase II and Phase III of the Wallowa Valley Water
			 Management Plan.
			(b)ConditionsAs
			 a condition of providing funds under subsection (a), the Secretary shall ensure
			 that—
				(1)the Wallowa Lake
			 Dam Rehabilitation Program meets the standards of the dam safety program of the
			 State of Oregon;
				(2)the Associated
			 Ditch Companies, Incorporated, agrees to assume liability for any work
			 performed, or supervised, with funds provided to it under this Act; and
				(3)the United States
			 shall not be liable for damages of any kind arising out of any act, omission,
			 or occurrence relating to a facility rehabilitated or constructed under this
			 Act.
				(c)Cost
			 Sharing
				(1)In
			 generalThe Federal share of the costs of activities authorized
			 under this Act shall not exceed 80 percent.
				(2)Exclusions from
			 federal shareThere shall not be credited against the Federal
			 share of such costs—
					(A)any expenditure by
			 the Bonneville Power Administration in the Wallowa River watershed; and
					(B)expenditures made
			 by individual agricultural producers in any Federal commodity or conservation
			 program.
					(d)Compliance With
			 State LawIn carrying out this Act, the Secretary shall comply
			 with otherwise applicable State water law.
			(e)Prohibition on
			 Holding TitleThe Federal Government shall not hold title to any
			 facility rehabilitated or constructed under this Act.
			(f)Prohibition on
			 Operation and MaintenanceThe Federal Government shall not be
			 responsible for the operation and maintenance of any facility constructed or
			 rehabilitated under this Act.
			(g)Ownership and
			 Operation of Fish Passage FacilityAny facility constructed using
			 Federal funds authorized by this Act located at Wallowa Lake Dam for trapping
			 and transportation of migratory adult salmon may be owned and operated only by
			 the Nez Perce Tribe.
			4.Relationship to
			 other lawAn activity funded
			 under this Act shall not be considered a supplemental or additional benefit
			 under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter
			 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et
			 seq.)).
		5.Authorization of
			 appropriationsThere is
			 authorized to be appropriated to the Secretary to the pay the Federal share of
			 the costs of activities authorized under this Act $25,600,000.

		1.Short titleThis Act may be cited as the
			 Wallowa Lake Dam Rehabilitation and
			 Water Management Act of 2007.
		2.DefinitionsIn this Act:
			(1)Associated ditch
			 companies, incorporatedThe term Associated Ditch
			 Companies, Incorporated means the nonprofit corporation established
			 under the laws of the State of Oregon that operates Wallowa Lake Dam.
			(2)SecretaryThe
			 term Secretary means the Secretary of the Interior, acting
			 through the Commissioner of Reclamation.
			(3)Wallowa lake dam
			 rehabilitation programThe term Wallowa Lake Dam
			 Rehabilitation Program means the program for the rehabilitation of the
			 Wallowa Lake Dam in Oregon, as contained in the engineering document entitled,
			 Phase I Dam Assessment and Preliminary Engineering Design, dated
			 December 2002, and on file with the Bureau of Reclamation.
			3.Authorization to
			 Participate in Program
			(a)Grants and cooperative
			 agreementsThe Secretary may provide grants to, or enter into
			 cooperative or other agreements with, tribal, State, and local governmental
			 entities and the Associated Ditch Companies, Incorporated, to plan, design, and
			 construct facilities needed to implement the Wallowa Lake Dam Rehabilitation
			 Program.
			(b)ConditionsAs
			 a condition of providing funds under subsection (a), the Secretary shall ensure
			 that—
				(1)the Wallowa Lake Dam
			 Rehabilitation Program and any activities under this Act meet the standards of
			 the dam safety program of the State of Oregon;
				(2)the Associated Ditch
			 Companies, Incorporated, agrees to assume liability for any work performed, or
			 supervised, with Federal funds provided to Associated Ditch Companies,
			 Incorporated, under this Act; and
				(3)the United States shall
			 not be liable for damages of any kind arising out of any act, omission, or
			 occurrence relating to a facility rehabilitated or constructed with Federal
			 funds provided under this Act, regardless of whether the damages arose during
			 or after the rehabilitation or construction.
				(c)Cost sharing
				(1)In
			 generalThe Federal share of the costs of activities authorized
			 under this Act shall not exceed 50 percent.
				(2)Exclusions from Federal
			 shareThere shall not be credited against the Federal share of
			 the costs of activities authorized under this Act—
					(A)any expenditure by the
			 Bonneville Power Administration in the Wallowa River watershed; and
					(B)expenditures made by
			 individual agricultural producers in any Federal commodity or conservation
			 program.
					(d)Compliance with State
			 lawIn carrying out this Act, the Secretary shall comply with
			 applicable Oregon State water law.
			(e)Prohibition on holding
			 titleThe Federal Government shall not hold title to any facility
			 rehabilitated or constructed under this Act.
			(f)Prohibition on
			 operation and maintenanceThe Federal Government shall not be
			 responsible for the operation and maintenance of any facility constructed or
			 rehabilitated under this Act.
			4.Relationship to other
			 lawActivities funded under
			 this Act shall not be considered a supplemental or additional benefit under
			 Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
			 and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et
			 seq.)).
		5.Authorization of
			 AppropriationsThere is
			 authorized to be appropriated to the Secretary to pay the Federal share of the
			 costs of activities authorized under this Act $6,000,000.
		6.Termination of
			 authorityThe authority of the
			 Secretary to carry out any provisions of this Act shall terminate 10 years
			 after the date of enactment of this Act.

		February 16, 2007
		Reported with an amendment


		I
		111th CONGRESS
		1st Session
		H. R. 2437
		IN THE HOUSE OF REPRESENTATIVES

			May 14, 2009
			Ms. Kosmas introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to extend the
		  employer wage credit for employees who are active duty members of the uniformed
		  services.

		1.Short titleThis Act may be cited as the
			 Employing America’s Heroes Tax Relief
			 Act.
		2.Extension of
			 employer wage credit for employees who are active duty members of the uniformed
			 servicesSubsection (f) of
			 section 45P of the Internal Revenue Code of 1986 is amended by striking
			 December 31, 2009 and inserting December 31,
			 2010.


109 HR 1742 IH: America’s Better Classroom Act of 2005
U.S. House of Representatives
2005-04-20
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.

I
109th CONGRESS
1st Session
H. R. 1742
IN THE HOUSE OF REPRESENTATIVES

April 20, 2005
Mr. Rangel introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, 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 Internal Revenue Code of 1986 to expand the incentives for the construction and renovation of public schools.

1.Short titleThis Act may be cited as the America’s Better Classroom Act of 2005.
2.Expansion of incentives for public schools
(a)In generalChapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter:

ZPublic school modernization provisions

Sec. 1400N. Credit to holders of qualified public school modernization bonds
Sec. 1400O. Qualified school construction bonds
Sec. 1400P. Qualified zone academy bonds
1400N.Credit to holders of qualified public school modernization bonds
(a)Allowance of creditIn the case of a taxpayer who holds a qualified public school modernization bond on a credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to credit allowance dates during such year on which the taxpayer holds such bond.
(b)Amount of credit
(1)In generalThe amount of the credit determined under this subsection with respect to any credit allowance date for a qualified public school modernization bond is 25 percent of the annual credit determined with respect to such bond.
(2)Annual creditThe annual credit determined with respect to any qualified public school modernization bond is the product of—
(A)the applicable credit rate, multiplied by
(B)the outstanding face amount of the bond.
(3)Applicable credit rateFor purposes of paragraph (1), the applicable credit rate with respect to an issue is the rate equal to an average market yield (as of the day before the date of issuance of the issue) on outstanding long-term corporate debt obligations (determined under regulations prescribed by the Secretary).
(4)Special rule for issuance and redemptionIn the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed.
(c)Limitation based on amount of tax
(1)In generalThe credit allowed under subsection (a) for any taxable year shall not exceed the excess of—
(A)the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
(B)the sum of the credits allowable under part IV of subchapter A (other than subpart C thereof, relating to refundable credits).
(2)Carryover of unused creditIf the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.
(d)Qualified public school modernization bond; credit allowance dateFor purposes of this section—
(1)Qualified public school modernization bondThe term qualified public school modernization bond means—
(A)a qualified zone academy bond, and
(B)a qualified school construction bond.
(2)Credit allowance dateThe term credit allowance date means—
(A)March 15,
(B)June 15,
(C)September 15, and
(D)December 15.Such term includes the last day on which the bond is outstanding.
(e)Other definitionsFor purposes of this subchapter—
(1)Local educational agencyThe term local educational agency has the meaning given to such term by section 14101 of the Elementary and Secondary Education Act of 1965. Such term includes the local educational agency that serves the District of Columbia but does not include any other State agency.
(2)BondThe term bond includes any obligation.
(3)StateThe term State includes the District of Columbia and any possession of the United States.
(4)Public school facilityThe term public school facility shall not include—
(A)any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public, or
(B)any facility which is not owned by a State or local government or any agency or instrumentality of a State or local government.
(f)Credit included in gross incomeGross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (c)) and the amount so included shall be treated as interest income.
(g)Recapture of portion of credit where cessation of compliance
(1)In generalIf any bond which when issued purported to be a qualified public school modernization bond ceases to be a qualified public school modernization bond, the issuer shall pay to the United States (at the time required by the Secretary) an amount equal to the sum of—
(A)the aggregate of the credits allowable under this section with respect to such bond (determined without regard to subsection (c)) for taxable years ending during the calendar year in which such cessation occurs and the 2 preceding calendar years, and
(B)interest at the underpayment rate under section 6621 on the amount determined under subparagraph (A) for each calendar year for the period beginning on the first day of such calendar year.
(2)Failure to payIf the issuer fails to timely pay the amount required by paragraph (1) with respect to such bond, the tax imposed by this chapter on each holder of any such bond which is part of such issue shall be increased (for the taxable year of the holder in which such cessation occurs) by the aggregate decrease in the credits allowed under this section to such holder for taxable years beginning in such 3 calendar years which would have resulted solely from denying any credit under this section with respect to such issue for such taxable years.
(3)Special rules
(A)Tax benefit ruleThe tax for the taxable year shall be increased under paragraph (2) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted.
(B)No credits against taxAny increase in tax under paragraph (2) shall not be treated as a tax imposed by this chapter for purposes of determining—
(i)the amount of any credit allowable under this part, or
(ii)the amount of the tax imposed by section 55.
(h)Bonds held by regulated investment companiesIf any qualified public school modernization bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary.
(i)Credits may be strippedUnder regulations prescribed by the Secretary—
(1)In generalThere may be a separation (including at issuance) of the ownership of a qualified public school modernization bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond.
(2)Certain rules to applyIn the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified public school modernization bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon.
(j)Treatment for estimated tax purposesSolely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a qualified public school modernization bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date.
(k)Credit may be transferredNothing in any law or rule of law shall be construed to limit the transferability of the credit allowed by this section through sale and repurchase agreements.
(l)ReportingIssuers of qualified public school modernization bonds shall submit reports similar to the reports required under section 149(e).
(m)TerminationThis section shall not apply to any bond issued after September 30, 2010.
1400O.Qualified school construction bonds
(a)Qualified school construction bondFor purposes of this subchapter, the term qualified school construction bond means any bond issued as part of an issue if—
(1)95 percent or more of the proceeds of such issue are to be used for the construction, rehabilitation, or repair of a public school facility or for the acquisition of land on which such a facility is to be constructed with part of the proceeds of such issue,
(2)the bond is issued by a State or local government within the jurisdiction of which such school is located,
(3)the issuer designates such bond for purposes of this section, and
(4)the term of each bond which is part of such issue does not exceed 15 years.
(b)Limitation on amount of bonds designatedThe maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (a) by any issuer shall not exceed the sum of—
(1)the limitation amount allocated under subsection (d) for such calendar year to such issuer, and
(2)if such issuer is a large local educational agency (as defined in subsection (e)(4)) or is issuing on behalf of such an agency, the limitation amount allocated under subsection (e) for such calendar year to such agency.
(c)National limitation on amount of bonds designatedThere is a national qualified school construction bond limitation for each calendar year. Such limitation is—
(1)$11,000,000,000 for 2006,
(2)$11,000,000,000 for 2007, and
(3)except as provided in subsection (f), zero after 2007.
(d)60 percent of limitation allocated among States
(1)In general60 percent of the limitation applicable under subsection (c) for any calendar year shall be allocated by the Secretary among the States in proportion to the respective numbers of children in each State who have attained age 5 but not age 18 for the most recent fiscal year ending before such calendar year. The limitation amount allocated to a State under the preceding sentence shall be allocated by the State to issuers within such State.
(2)Minimum allocations to States
(A)In generalThe Secretary shall adjust the allocations under this subsection for any calendar year for each State to the extent necessary to ensure that the sum of—
(i)the amount allocated to such State under this subsection for such year, and
(ii)the aggregate amounts allocated under subsection (e) to large local educational agencies in such State for such year,is not less than an amount equal to such State’s minimum percentage of the amount to be allocated under paragraph (1) for the calendar year.
(B)Minimum percentageA State’s minimum percentage for any calendar year is the minimum percentage described in section 1124(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6334(d)) for such State for the most recent fiscal year ending before such calendar year.
(3)Allocations to certain possessionsThe amount to be allocated under paragraph (1) to any possession of the United States other than Puerto Rico shall be the amount which would have been allocated if all allocations under paragraph (1) were made on the basis of respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). In making other allocations, the amount to be allocated under paragraph (1) shall be reduced by the aggregate amount allocated under this paragraph to possessions of the United States.
(4)Allocations for Indian schoolsIn addition to the amounts otherwise allocated under this subsection, $200,000,000 for calendar year 2006, and $200,000,000 for calendar year 2007, shall be allocated by the Secretary of the Interior for purposes of the construction, rehabilitation, and repair of schools funded by the Bureau of Indian Affairs. In the case of amounts allocated under the preceding sentence, Indian tribal governments (as defined in section 7871) shall be treated as qualified issuers for purposes of this subchapter.
(e)40 percent of limitation allocated among largest school districts
(1)In general40 percent of the limitation applicable under subsection (c) for any calendar year shall be allocated under paragraph (2) by the Secretary among local educational agencies which are large local educational agencies for such year.
(2)Allocation formulaThe amount to be allocated under paragraph (1) for any calendar year shall be allocated among large local educational agencies in proportion to the respective amounts each such agency received for Basic Grants under subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) for the most recent fiscal year ending before such calendar year.
(3)Allocation of unused limitation to StateThe amount allocated under this subsection to a large local educational agency for any calendar year may be reallocated by such agency to the State in which such agency is located for such calendar year. Any amount reallocated to a State under the preceding sentence may be allocated as provided in subsection (d)(1).
(4)Large local educational agencyFor purposes of this section, the term large local educational agency means, with respect to a calendar year, any local educational agency if such agency is—
(A)among the 100 local educational agencies with the largest numbers of children aged 5 through 17 from families living below the poverty level, as determined by the Secretary using the most recent data available from the Department of Commerce that are satisfactory to the Secretary, or
(B)1 of not more than 25 local educational agencies (other than those described in subparagraph (A)) that the Secretary of Education determines (based on the most recent data available satisfactory to the Secretary) are in particular need of assistance, based on a low level of resources for school construction, a high level of enrollment growth, or such other factors as the Secretary deems appropriate.
(f)Carryover of unused limitationIf for any calendar year—
(1)the amount allocated under subsection (d) to any State, exceeds
(2)the amount of bonds issued during such year which are designated under subsection (a) pursuant to such allocation,the limitation amount under such subsection for such State for the following calendar year shall be increased by the amount of such excess. A similar rule shall apply to the amounts allocated under subsection (d)(4) or (e).
(g)Special rules relating to arbitrage
(1)In generalA bond shall not be treated as failing to meet the requirement of subsection (a)(1) solely by reason of the fact that the proceeds of the issue of which such bond is a part are invested for a temporary period (but not more than 36 months) until such proceeds are needed for the purpose for which such issue was issued.
(2)Binding commitment requirementParagraph (1) shall apply to an issue only if, as of the date of issuance, there is a reasonable expectation that—
(A)at least 10 percent of the proceeds of the issue will be spent within the 6-month period beginning on such date for the purpose for which such issue was issued, and
(B)the remaining proceeds of the issue will be spent with due diligence for such purpose.
(3)Earnings on proceedsAny earnings on proceeds during the temporary period shall be treated as proceeds of the issue for purposes of applying subsection (a)(1) and paragraph (1) of this subsection.
1400P.Qualified zone academy bonds
(a)Qualified zone academy bondFor purposes of this subchapter—
(1)In generalThe term qualified zone academy bond means any bond issued as part of an issue if—
(A)95 percent or more of the proceeds of such issue are to be used for a qualified purpose with respect to a qualified zone academy established by a local educational agency,
(B)the bond is issued by a State or local government within the jurisdiction of which such academy is located,
(C)the issuer—
(i)designates such bond for purposes of this section,
(ii)certifies that it has written assurances that the private business contribution requirement of paragraph (2) will be met with respect to such academy, and
(iii)certifies that it has the written approval of the local educational agency for such bond issuance, and
(D)the term of each bond which is part of such issue does not exceed 15 years.Rules similar to the rules of section 1400O(g) shall apply for purposes of paragraph (1).
(2)Private business contribution requirement
(A)In generalFor purposes of paragraph (1), the private business contribution requirement of this paragraph is met with respect to any issue if the local educational agency that established the qualified zone academy has written commitments from private entities to make qualified contributions having a present value (as of the date of issuance of the issue) of not less than 10 percent of the proceeds of the issue.
(B)Qualified contributionsFor purposes of subparagraph (A), the term qualified contribution means any contribution (of a type and quality acceptable to the local educational agency) of—
(i)equipment for use in the qualified zone academy (including state-of-the-art technology and vocational equipment),
(ii)technical assistance in developing curriculum or in training teachers in order to promote appropriate market driven technology in the classroom,
(iii)services of employees as volunteer mentors,
(iv)internships, field trips, or other educational opportunities outside the academy for students, or
(v)any other property or service specified by the local educational agency.
(3)Qualified zone academyThe term qualified zone academy means any public school (or academic program within a public school) which is established by and operated under the supervision of a local educational agency to provide education or training below the postsecondary level if—
(A)such public school or program (as the case may be) is designed in cooperation with business to enhance the academic curriculum, increase graduation and employment rates, and better prepare students for the rigors of college and the increasingly complex workforce,
(B)students in such public school or program (as the case may be) will be subject to the same academic standards and assessments as other students educated by the local educational agency,
(C)the comprehensive education plan of such public school or program is approved by the local educational agency, and
(D)
(i)such public school is located in an empowerment zone or enterprise community (including any such zone or community designated after the date of the enactment of this section), or
(ii)there is a reasonable expectation (as of the date of issuance of the bonds) that at least 35 percent of the students attending such school or participating in such program (as the case may be) will be eligible for free or reduced-cost lunches under the school lunch program established under the National School Lunch Act.
(4)Qualified purposeThe term qualified purpose means, with respect to any qualified zone academy—
(A)constructing, rehabilitating, or repairing the public school facility in which the academy is established,
(B)acquiring the land on which such facility is to be constructed with part of the proceeds of such issue,
(C)providing equipment for use at such academy,
(D)developing course materials for education to be provided at such academy, and
(E)training teachers and other school personnel in such academy.
(b)Limitations on amount of bonds designated
(1)In generalThere is a national zone academy bond limitation for each calendar year. Such limitation is—
(A)for 2006: $1,400,000,000, plus the amount determined under section 1397E(e)(5),
(B)$1,400,000,000 for 2007, and
(C)except as provided in paragraph (3), zero after 2007.
(2)Allocation of limitation
(A)Allocation among StatesThe national zone academy bond limitation for any calendar year shall be allocated by the Secretary among the States in proportion to the respective amounts each such State received for Basic Grants under subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) for the most recent fiscal year ending before such calendar year.
(B)Allocation to local educational agenciesThe limitation amount allocated to a State under subparagraph (A) shall be allocated by the State to qualified zone academies within such State.
(C)Designation subject to limitation amountThe maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (a) with respect to any qualified zone academy shall not exceed the limitation amount allocated to such academy under subparagraph (B) for such calendar year.
(3)Carryover of unused limitationIf for any calendar year—
(A)the limitation amount under this subsection for any State, exceeds
(B)the amount of bonds issued during such year which are designated under subsection (a) (or the corresponding provisions of prior law) with respect to qualified zone academies within such State,the limitation amount under this subsection for such State for the following calendar year shall be increased by the amount of such excess..
(b)ReportingSubsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph:

(8)Reporting of credit on qualified public school modernization bonds
(A)In generalFor purposes of subsection (a), the term interest includes amounts includible in gross income under section 1400N(f) and such amounts shall be treated as paid on the credit allowance date (as defined in section 1400N(d)(2)).
(B)Reporting to corporations, etcExcept as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i).
(C)Regulatory authorityThe Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting..
(c)Modification of section 1397E
(1)Repeal of restriction on zone academy bond holders
(A)Section 1397E(a) is amended by striking eligible taxpayer and inserting taxpayer.
(B)Section 1397E(d) is amended by striking paragraph (6).
(C)Section 1397E(i) is amended by striking which is an eligible taxpayer.
(2)Carryover of unused limitation to section 1400P
(A)Section 1397E(e) of such Code is amended by adding at the end the following new paragraph:

(5)Carryover of unused limitation to section 1400P after 2004If for any calendar year after 2004—
(A)the limitation amount for any State, exceeds
(B)the amount of bonds issued during such year which are designated under subsection (d)(1) with respect to qualified zone academies within such State, the limitation amount for such State under section 1400P(b) for the following calendar year shall be increased by the amount of such excess..
(B)The heading of section 1397E(e)(4) of such Code is amended by inserting before the period from years before 2005.
(d)Clerical amendmentThe table of subchapters for chapter 1 of such Code is amended by adding at the end the following new item:

Subchapter Z. Public school modernization provisions.
(e)Effective dates
(1)In generalExcept as otherwise provided in this subsection, the amendments made by this section shall apply to obligations issued after December 31, 2005.
(2)Repeal of restriction on zone academy bond holdersThe amendments made by subsection (c)(1) shall apply to qualified zone academy bonds held on credit allowance dates after December 31, 2005, during taxable years ending after such date.
(3)Carryover of limitationThe amendments made by subsection (c)(2) shall take effect on the date of the enactment of this Act.
3.Application of certain labor standards on construction projects financed under public school modernization programSection 439 of the General Education Provisions Act (relating to labor standards) is amended—
(1)by inserting (a) before All laborers and mechanics, and
(2)by adding at the end the following:

(b)
(1)For purposes of this section, the term applicable program also includes the qualified zone academy bond provisions enacted by section 226 of the Taxpayer Relief Act of 1997 and the program established by section 2 of the America’s Better Classroom Act of 2005.
(2)A State or local government participating in a program described in paragraph (1) shall—
(A)in the awarding of contracts, give priority to contractors with substantial numbers of employees residing in the local education area to be served by the school being constructed; and
(B)include in the construction contract for such school a requirement that the contractor give priority in hiring new workers to individuals residing in such local education area.
(3)In the case of a program described in paragraph (1), nothing in this subsection or subsection (a) shall be construed to deny any tax credit allowed under such program. If amounts are required to be withheld from contractors to pay wages to which workers are entitled, such amounts shall be treated as expended for construction purposes in determining whether the requirements of such program are met..
4.Employment and training activities relating to construction or reconstruction of public school facilities
(a)In generalSection 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864) is amended by adding at the end the following:

(f)Local employment and training activities relating to construction or reconstruction of public school facilities
(1)In generalIn order to provide training services related to construction or reconstruction of public school facilities receiving funding assistance under an applicable program, each State shall establish a specialized program of training meeting the following requirements:
(A)The specialized program provides training for jobs in the construction industry.
(B)The program provides trained workers for projects for the construction or reconstruction of public school facilities receiving funding assistance under an applicable program.
(C)The program ensures that skilled workers (residing in the area to be served by the school facilities) will be available for the construction or reconstruction work.
(2)CoordinationThe specialized program established under paragraph (1) shall be integrated with other activities under this Act, with the activities carried out under the National Apprenticeship Act of 1937 by the State Apprenticeship Council or through the Bureau of Apprenticeship and Training in the Department of Labor, as appropriate, and with activities carried out under the Carl D. Perkins Vocational and Technical Education Act of 1998. Nothing in this subsection shall be construed to require services duplicative of those referred to in the preceding sentence.
(3)Applicable programIn this subsection, the term applicable program has the meaning given the term in section 439(b) of the General Education Provisions Act (relating to labor standards)..
(b)State planSection 112(b)(17)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)(17)(A)) is amended—
(1)in clause (iii), by striking and at the end;
(2)by redesignating clause (iv) as clause (v); and
(3)by inserting after clause (iii) the following:

(iv)how the State will establish and carry out a specialized program of training under section 134(f); and.


115 HR 3481 IH: Increasing Transparency in Federal Audits Act
U.S. House of Representatives
2017-07-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 3481IN THE HOUSE OF REPRESENTATIVESJuly 27, 2017Mr. Johnson of Louisiana introduced the following bill; which was referred to the Committee on Oversight and Government ReformA BILLTo require the inclusion of audit information on the website required by the Federal Funding Accountability and Transparency Act of 2006, and for other purposes.
1.Short titleThis Act may be cited as the Increasing Transparency in Federal Audits Act. 2.Inclusion of audit information on USAspending.gov (a)AmendmentsSection 2 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) is amended—
(1)in subsection (a)(7)— (A)in subparagraph (C), by striking ; and and inserting a semicolon;
(B)in subparagraph (D), by striking the period at the end and inserting ; and; and (C)by inserting at the end the following new subparagraph:

(E)search for and download the results of any audit performed pursuant to chapter 75 of title 31, United States Code. ; and (2)in subsection (b), by inserting at the end the following new paragraph:

(5)Inclusion of audit information on website
(A)In generalThe website described in paragraph (1) shall include the results of any audit performed pursuant to chapter 75 of title 31, United States Code. (B)CoordinationThe Secretary shall coordinate the transfer of the following:
(i)The results of any audit performed pursuant to chapter 75 of title 31, United States Code. (ii)Any other information the Secretary determines to be necessary to meet the requirements of this paragraph..
(b)Report requirementNot later than 180 days after the date of the enactment of this Act, the Comptroller General, in consultation with the Inspector General of the Department of the Treasury, shall submit to Congress either— (1)a certification that this Act, and the amendments made by this Act, have been fully implemented; or
(2)if this Act, and the amendments made by this Act, have not been fully implemented, the status of such implementation, including any recommendations, as necessary.  (c)ApplicabilityThe amendments made by subsection (a) shall apply with respect to any audit conducted under chapter 75 of title 31, United States Code, at any time.


117 HR 1311 IH: Energy Diplomacy Act
U.S. House of Representatives
2021-02-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1311IN THE HOUSE OF REPRESENTATIVESFebruary 24, 2021Mr. Pfluger (for himself and Mr. Vicente Gonzalez of Texas) introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo amend the State Department Basic Authorities Act of 1956 to provide for energy security and diplomacy, and for other purposes.1.Short titleThis Act may be cited as the Energy Diplomacy Act.2.Energy security and diplomacy of the Department of State Section 1(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended—(1)by redesignating paragraph (3) as paragraph (4); and(2)by inserting after paragraph (2) the following new paragraph:(3)Energy resources(A)Authorization for assistant secretarySubject to the numerical limitation specified in paragraph (1), there is authorized to be established in the Department of State an Assistant Secretary of State for Energy Resources.(B)PersonnelIf the Department of State establishes an Assistant Secretary of State for Energy Resources in accordance with the authorization provided in subparagraph (A), the Secretary of State shall ensure there are sufficient personnel dedicated to energy matters within the Department whose responsibilities shall include—(i)formulating and implementing international policies aimed at protecting and advancing United States energy security interests by effectively managing United States bilateral and multilateral relations;(ii)ensuring that analyses of the national security implications of global energy and environmental developments are reflected in the decision-making process within the Department;(iii)incorporating energy security priorities into the activities of the Department;(iv)coordinating energy activities of the Department with relevant Federal departments and agencies;(v)coordinating with the Office of Sanctions Coordination on economic sanctions pertaining to the international energy sector; and(vi)working internationally to—(I)support the development of energy resources and the distribution of such resources for the benefit of the United States and United States allies and trading partners for their energy security and economic development needs;(II)promote availability of diversified energy supplies and a well functioning global market for energy resources, technologies, and expertise for the benefit of the United States and United States allies and trading partners;(III)resolve international disputes regarding the exploration, development, production, or distribution of energy resources;(IV)support the economic and commercial interests of United States persons operating in the energy markets of foreign countries;(V)support and coordinate international efforts to alleviate energy poverty;(VI)leading the United States commitment to the Extractive Industries Transparency Initiative; and(VII)coordinating energy security and other relevant functions within the Department currently undertaken by—(aa)the Bureau of Economic and Business Affairs;(bb)the Bureau of Oceans and International Environmental and Scientific Affairs; and(cc)other offices within the Department of State..


109 HR 5738 IH: To amend the Public Health Service Act to provide for the

U.S. House of Representatives
2006-06-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		109th CONGRESS
		2d Session
		H. R. 5738
		IN THE HOUSE OF REPRESENTATIVES

			June 29, 2006
			Mr. Pascrell (for
			 himself, Mr. Platts,
			 Mr. Andrews,
			 Mr. Boswell,
			 Mr. Boucher,
			 Mr. Boyd, Mr. Brady of Pennsylvania,
			 Mr. Brown of South Carolina,
			 Mr. Brown of Ohio,
			 Mr. Capuano,
			 Mr. Cleaver,
			 Mr. Tom Davis of Virginia,
			 Mrs. Davis of California,
			 Mr. Davis of Illinois,
			 Mr. DeFazio,
			 Mrs. Drake,
			 Mr. Emanuel,
			 Mr. Etheridge,
			 Mr. Farr, Mr. Goode, Mr. Gene
			 Green of Texas, Mr. Hayes,
			 Ms. Herseth,
			 Mr. Higgins,
			 Mr. Hinchey,
			 Mr. Hinojosa,
			 Mr. Holden,
			 Mr. Holt, Mr. Inglis of South Carolina,
			 Ms. Jackson-Lee of Texas,
			 Mr. Jefferson,
			 Mr. Kennedy of Rhode Island,
			 Mr. Kildee,
			 Mr. Kuhl of New York,
			 Mr. LoBiondo,
			 Mr. Markey,
			 Mrs. McCarthy,
			 Mr. McCotter,
			 Mr. McDermott,
			 Mr. McGovern,
			 Mr. McNulty,
			 Mr. Meeks of New York,
			 Mr. Miller of Florida,
			 Mr. Moran of Virginia,
			 Mr. Nadler,
			 Mr. Neal of Massachusetts,
			 Mr. Owens,
			 Mr. Pallone,
			 Mr. Payne,
			 Mr. Ruppersberger,
			 Mr. Sanders,
			 Mr. Saxton,
			 Ms. Schwartz of Pennsylvania,
			 Mr. Strickland,
			 Mr. Towns,
			 Mr. Van Hollen,
			 Mr. Waxman,
			 Mr. Wexler,
			 Ms. Woolsey,
			 Mr. Wynn, and
			 Mr. Grijalva) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To amend the Public Health Service Act to provide for the
		  expansion and improvement of traumatic brain injury programs, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Traumatic Brain Injury Act of 2006.
		2.Programs of
			 centers for disease control and prevention
			(a)Prevention of
			 traumatic brain injuryClause (ii) of section 393A(b)(3)(A) of
			 the Public Health Service Act (42 U.S.C. 280b–1b) is amended by striking
			 from hospitals and trauma centers and inserting from
			 hospitals and emergency departments.
			(b)National Program
			 for traumatic brain injury surveillance and registriesPart J of
			 title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is
			 amended—
				(1)by redesignating
			 the first section 393B (relating to the use of allotments for rape prevention
			 education) as section 392A and moving such section so that it follows section
			 392; and
				(2)by amending
			 section 393B—
					(A)in the section
			 heading, by inserting surveillance and after
			 national program for
			 traumatic brain injury; and
					(B)by striking
			 (a) In
			 General.—; and
					(C)in the matter
			 preceding paragraph (1), by striking may make grants and all
			 that follows through to collect data concerning— and inserting
			 may make grants to States or their designees to operate the State’s
			 traumatic brain injury surveillance system or registry to determine the
			 incidence and prevalence of traumatic brain-related injury disability, to
			 ensure the uniformity of reporting under such system or registry, to link
			 individuals with traumatic brain injury to services and supports, and to link
			 such individuals with academic institutions to conduct applied research that
			 will support the development of such surveillance systems and registries as may
			 be necessary. A surveillance system or registry under this section shall
			 provide for the collection of data concerning—.
					(c)Authorization of
			 appropriationsSection 394A of the Public Health Service Act (42
			 U.S.C. 280b–3) is amended—
				(1)by striking
			 For the purpose and inserting (a) For the
			 purpose;
				(2)by striking
			 and after for fiscal year 1994;;
				(3)by
			 striking and after through 1998,;
				(4)by striking the
			 second period at the end; and
				(5)by
			 inserting , and such sums as may be necessary for each of fiscal years
			 2006 through 2010 before the period at the end.
				3.Programs of
			 national institutes of healthSection 1261 of the Public Health Service
			 Act (42 U.S.C. 300d–61) is amended—
			(1)in subparagraph
			 (D) of subsection (d)(4), by striking head brain injury and
			 inserting brain injury; and
			(2)in subsection (i),
			 by inserting , and such sums as may be necessary for each of fiscal
			 years 2006 through 2010 before the period at the end.
			4.Study on
			 traumatic brain injury
			(a)AmendmentPart
			 J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is
			 amended by inserting after section 393B the following:

					393C.Study on
				traumatic brain injury
						(a)StudyThe Secretary, acting through the Director
				of the Centers for Disease Control and Prevention with respect to paragraph (1)
				and the Director of the National Institutes of Health with respect to
				paragraphs (2) and (3), shall conduct a study with respect to traumatic brain
				injury for the purpose of carrying out the following:
							(1)In collaboration
				with appropriate State and local health-related agencies—
								(A)determining the incidence and prevalence of
				traumatic brain injury in all age groups in the general population of the
				United States, including institutional settings, such as nursing homes,
				correctional facilities, psychiatric hospitals, and residential institutes for
				people with developmental disabilities;
								(B)obtaining and
				maintaining data on the incidence and prevalence of mild traumatic brain injury
				and report to Congress; and
								(C)collecting,
				maintaining, and reporting national trends in traumatic brain injury.
								(2)Identifying common
				therapeutic interventions which are used for the rehabilitation of individuals
				with such injuries, and, subject to the availability of information, including
				an analysis of—
								(A)the effectiveness
				of each such intervention in improving the functioning, including return to
				work or school and community participation, of individuals with brain
				injuries;
								(B)the comparative
				effectiveness of interventions employed in the course of rehabilitation of
				individuals with brain injuries to achieve the same or similar clinical
				outcome; and
								(C)the adequacy of
				existing measures of outcomes and knowledge of factors influencing differential
				outcomes.
								(3)Developing
				practice guidelines for the rehabilitation of traumatic brain injury at such
				time as appropriate scientific research becomes available.
							(b)Dates certain
				for reportsNot later than 3 years after the date of the
				enactment of the Traumatic Brain Injury Act of 2006, the Secretary shall submit
				to the Congress a report describing findings made as a result of carrying out
				subsection (a).
						(c)DefinitionFor
				purposes of this section, the term traumatic brain injury means an
				acquired injury to the brain. Such term does not include brain dysfunction
				caused by congenital or degenerative disorders, nor birth trauma, but may
				include brain injuries caused by anoxia due to near drowning. The Secretary may
				revise the definition of such term as the Secretary determines
				necessary.
						(d)Authorization of
				appropriationsThere are authorized to be appropriated to carry
				out this section such sums as may be necessary for each of the fiscal years
				2006 through
				2010.
						.
			(b)Conforming
			 amendmentPublic Law 104–166
			 (42 U.S.C. 300d–61 note) is amended by striking section 4.
			5.Programs of
			 health resources and services administration
			(a)State grants for
			 projects regarding traumatic brain injurySection 1252 of the Public Health Service
			 Act (42 U.S.C. 300d–52) is amended—
				(1)in subsection
			 (a)—
					(A)by striking
			 may make grants to States and inserting may make grants
			 to States and American Indian consortia; and
					(B)by striking
			 health and other services and inserting rehabilitation
			 and other services;
					(2)in subsection
			 (b)—
					(A)in paragraphs (1),
			 (3)(A)(i), (3)(A)(iii), and (3)(A)(iv), by striking the term State
			 each place such term appears and inserting the term State or American
			 Indian consortium; and
					(B)in paragraph (2),
			 by striking recommendations to the State and inserting
			 recommendations to the State or American Indian
			 consortium;
					(3)in subsection
			 (c)—
					(A)in paragraph (1),
			 by striking $1 for each $2 of Federal funds and inserting
			 $1 for each $5 of Federal funds; and
					(B)by striking the
			 term State each place such term appears and inserting
			 State or American Indian consortium;
					(4)in subsection (e),
			 by striking A State that received and all that follows through
			 the period and inserting A State or American Indian consortium that
			 received a grant under this section prior to the date of the enactment of the
			 Traumatic Brain Injury Act of 2006 may complete the activities funded by the
			 grant.;
				(5)in subsection
			 (f)—
					(A)in the subsection
			 heading, by inserting and
			 American Indian consortium after
			 State;
					(B)in paragraph (1)
			 in the matter preceding subparagraph (A), paragraph (1)(E), paragraph (2)(A),
			 paragraph (2)(B), paragraph (3) in the matter preceding subparagraph (A),
			 paragraph (3)(E), and paragraph (3)(F), by striking the term State
			 each place such term appears and inserting State or American Indian
			 consortium;
					(C)in clause (ii) of
			 paragraph (1)(A), by striking children and other individuals and
			 inserting children, youth, and adults; and
					(D)in subsection
			 (h)—
						(i)by
			 striking Not later than 2 years after the date of the enactment of this
			 section, the Secretary and inserting Not less than bi-annually,
			 the Secretary; and
						(ii)by
			 inserting section 1253, and section 1254, after programs
			 established under this section,;
						(6)by amending
			 subsection (i) to read as follows:

						(i)DefinitionsFor
				purposes of this section:
							(1)The terms
				American Indian consortium and State have the
				meanings given to those terms in section 1253.
							(2)The term traumatic brain
				injury means an acquired injury to the brain. Such term does not include
				brain dysfunction caused by congenital or degenerative disorders, nor birth
				trauma, but may include brain injuries caused by anoxia due to trauma. The
				Secretary may revise the definition of such term as the Secretary determines
				necessary, after consultation with States and other appropriate public or
				nonprofit private entities.
							;
				and
				(7)in subsection (j),
			 by inserting , and such sums as may be necessary for each of the fiscal
			 years 2006 through 2010 before the period.
				(b)State grants for
			 protection and advocacy servicesSection 1253 of the Public
			 Health Service Act (42 U.S.C. 300d–53) is amended—
				(1)in subsections (d)
			 and (e), by striking the term subsection (i) each place such term
			 appears and inserting subsection (l);
				(2)in subsection (g),
			 by inserting each fiscal year not later than October 1, before
			 the Administrator shall pay;
				(3)by redesignating
			 subsections (i) and (j) as subsections (l) and (m), respectively;
				(4)by inserting after
			 subsection (h) the following:

						(i)Data
				collectionThe Administrator of the Health Resources and Services
				Administration and the Commissioner of the Administration on Developmental
				Disabilities shall enter into an agreement to coordinate the collection of data
				by the Administrator and the Commissioner regarding protection and advocacy
				services.
						(j)Training and
				technical assistance
							(1)GrantsFor
				any fiscal year for which the amount appropriated to carry out this section is
				$6,000,000 or greater, the Administrator shall use 2 percent of such amount to
				make a grant to an eligible national association for providing for training and
				technical assistance to protection and advocacy systems.
							(2)DefinitionIn
				this subsection, the term eligible national association means a
				national association with demonstrated experience in providing training and
				technical assistance to protection and advocacy systems.
							(k)System
				authorityIn providing services under this section, a protection
				and advocacy system shall have the same authorities, including access to
				records, as such system would have for purposes of providing services under
				subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act
				of 2000.
						;
				and
				(5)in subsection (l)
			 (as redesignated by this subsection)—
					(A)by striking
			 and after fiscal year 2001, ; and
					(B)by inserting
			 and such sums as may be necessary for each of the fiscal years 2006
			 through 2010.
					(c)National grants
			 of significancePart E of
			 title XII of the Public Health Service Act (42 U.S.C.300d–52 et seq.) is
			 amended by adding at end the following:

					1254.National
				Grants of Significance
						(a)In
				generalThe Secretary, acting
				through the Administrator of the Health Resources and Services Administration,
				may make grants to, or enter into contracts or cooperative agreements with,
				nonprofit organizations, education institutions, States, and other such
				entities for projects of national significance that—
							(1)support the
				development of national and State policies that reinforce and promote
				self-determination, independence, productivity, integration, and inclusion in
				all facets of community life for individuals with traumatic brain
				injury;
							(2)hold promise to
				improve or expand opportunities for such individuals, including projects or
				initiatives significant in scope that—
								(A)improve access to
				services and systems of care and support that reflect best practices that can
				be demonstrated and replicated through technical assistance, training, and
				education;
								(B)assist States in
				developing service capacity such as community living options and housing;
				programs and services that address challenging behaviors of individuals with
				traumatic brain injury and individuals with dual diagnosis, such as substance
				abuse; case management; respite; information and referral; and family and
				community supports;
								(C)improve the
				capability of systems to monitor and evaluate quality of rehabilitation,
				long-term care, community services and supports; and
								(D)address emerging
				needs such as aging caregivers, aging individuals with traumatic brain injury,
				and servicemen, servicewomen and veterans with traumatic brain injury; v.
				address trends and issues in State service delivery through data collection and
				reporting of funding, policies, and services on a periodic basis.
								(b)DefinitionsFor
				purposes of this section, the term traumatic brain injury means an
				acquired injury to the brain. Such term does not include brain dysfunction
				caused by congenital or degenerative disorders, nor birth trauma, but may
				include brain injuries caused by anoxia due to trauma. The Secretary may revise
				the definition of such term as the Secretary determines necessary, after
				consultation with States and other appropriate public or nonprofit private
				entities.
						(c)Authorization of
				appropriationsFor the purpose of carrying out this section,
				there are authorized to be appropriated such sums as may be necessary for each
				of the fiscal years 2006 through
				2010.
						.


115 HR 4262 IH: Financial Independence for Disabled Veterans Act of 2017
U.S. House of Representatives
2017-11-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 4262IN THE HOUSE OF REPRESENTATIVESNovember 6, 2017Mr. Walker introduced the following bill; which was referred to the Committee on Oversight and Government ReformA BILLTo authorize members and former members of the uniformed services who are entitled to veterans
			 disability compensation to continue to participate in the Thrift Savings
			 Plan through the deduction and deposit of a percentage of their veterans
			 disability compensation to the Thrift Savings Fund.

 1.Short titleThis Act may be cited as the Financial Independence for Disabled Veterans Act of 2017. 2.Disabled veterans continued participation in Thrift Savings Plan (a)Participation authorizedThe Executive Director of the Federal Retirement Thrift Investment Board shall prescribe regulations to permit the continued participation in the Thrift Savings Plan by a member of the uniformed services after the discharge or release of the member from service in the uniformed services if the member or former member is entitled to veterans disability compensation.
 (b)ContributionsFor purposes of section 8432 of title 5, United States Code, the monthly veterans disability compensation of a member or former member of the uniformed services shall be deemed to be basic pay for a monthly pay period.
 (c)Matching contributions prohibitedThe deduction and deposit in the Thrift Savings Fund of a percentage of the veterans disability compensation of a member or former member of the uniformed services does not require or authorize Government contributions under section 8432 of title 5, United States Code, or any other provision of law.
 (d)Veterans disability compensation definedIn this section, the term veterans disability compensation has the meaning given the term compensation in section 101(13) of title 38, United States Code.