		II
		Calendar No. 316
		112th CONGRESS
		2d Session
		S. 1160
		[Report No. 112–147]
		IN THE SENATE OF THE UNITED STATES

			June 8, 2011
			Mr. Bingaman (for
			 himself and Ms. Murkowski) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			February 7, 2012
			Reported by Mr.
			 Bingaman, with an amendment
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To improve the administration of the Department of
		  Energy, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Department of Energy Administrative
			 Improvement Act of 2011.
		2.Definition of
			 SecretaryIn this Act, the
			 term Secretary means the Secretary of Energy.
		3.Future-years
			 Department of Energy program
			(a)In
			 generalPart C of title VI of the Department of Energy
			 Organization Act (42 U.S.C. 7251 et seq.) is amended by adding at the end the
			 following:

					664. Future-Years
				Department of Energy program
						(a)In
				generalAt or about the time the budget of the President is
				submitted to Congress for each year under section 1105(a) of title 31, United
				States Code, the Secretary shall submit to Congress a future-years Department
				of Energy program (including associated annexes) reflecting the estimated
				expenditures and proposed appropriations included in the budget.
						(b)Fiscal
				yearAny future-years Department of Energy program submitted
				under subsection (a) shall cover—
							(1)the fiscal year
				with respect to which the budget is submitted; and
							(2)at least the 4
				succeeding fiscal years.
							(c)Consistent
				amounts
							(1)In
				generalThe Secretary shall ensure that amounts described in
				paragraph (2)(A) for any fiscal year are consistent with amounts described in
				paragraph (2)(B) for that fiscal year.
							(2)AmountsAmounts
				referred to in paragraph (1) are the following:
								(A)The amounts
				specified in program and budget information submitted to Congress by the
				Secretary in support of expenditure estimates and proposed appropriations in
				the budget submitted to Congress by the President under section 1105(a) of
				title 31, United States Code, for any fiscal year, as indicated in the
				future-years Department of Energy program submitted pursuant to subsection
				(a).
								(B)The total amounts
				of estimated expenditures and proposed appropriations necessary to support the
				programs, projects, and activities of the Department of Energy included
				pursuant to section 1105(a)(5) of title 31, United States Code, in the budget
				submitted to Congress under that section for any fiscal year.
								(d)Management
				contingenciesSubject to subsection (c), nothing in this section
				prohibit the inclusion in the future-years Department of Energy programs of
				amounts for management
				contingencies.
						.
			(b)Conforming
			 amendmentThe table of contents in the first section of the
			 Department of Energy Organization Act (42 U.S.C. 7101) is amended by adding at
			 the end of the items relating to part C of title VI the following:

						Sec. 664. Future-Years Department of
				Energy
				program.

					.
			4.Other
			 transactions authority
			(a)In
			 generalSection 646 of the
			 Department of Energy Organization Act (42 U.S.C. 7256) is amended by striking
			 subsection (g) and inserting the following:

					(g)Authority To
				enter into other transactions
						(1)In
				generalIn addition to any other authority granted to the
				Secretary to enter into procurement contracts, leases, cooperative agreements,
				grants, and certain arrangements, the Secretary may enter into other
				transactions with public agencies, private organizations, or other persons on
				such terms as the Secretary considers appropriate to further functions vested
				in the Secretary, including research, development, or demonstration
				projects.
						(2)Advance
				paymentsNotwithstanding any other provision of law, the
				Secretary may exercise authority provided under paragraph (1) without regard to
				section 3324 of title 31, United States Code.
						(3)Relationship to
				other lawThe authority of the Secretary under paragraph (1)
				shall not be subject to—
							(A)section 9 of the
				Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C.
				5908); or
							(B)section 152 of the
				Atomic Energy Act of 1954 (42 U.S.C. 2182).
							(4)Protection of
				certain information from disclosure
							(A)In
				generalNotwithstanding any other provision of law, disclosure of
				information described in subparagraph (B) is not required, and may not be
				compelled, under section 552 of title 5, United States Code, during the 5-year
				period beginning on the date on which the information is received by the
				Department.
							(B)Award
				informationThe information described in this subparagraph is
				information in the records of the Department that—
								(i)was
				submitted—
									(I)to the Department
				as part of a competitive or noncompetitive process with the potential to result
				in an award to the person submitting the information; and
									(II)in conjunction
				with a transaction entered into by the Secretary pursuant to paragraph (1);
				and
									(ii)is—
									(I)a proposal,
				proposal abstract, and supporting documents;
									(II)a business plan
				submitted on a confidential basis; or
									(III)technical
				information submitted on a confidential basis.
									(5)Requirements
							(A)Selection
				proceduresIn entering into transactions under paragraph (1), the
				Secretary shall use such competitive, merit-based selection procedures as the
				Secretary determines in writing to be practicable.
							(B)DeterminationBefore
				entering into a transaction under paragraph (1), the Secretary shall determine
				in writing that the use of a standard contract, grant, or cooperative agreement
				for the project is not feasible or appropriate.
							(C)Cost
				sharingA transaction under paragraph (1) shall be subject to
				cost sharing in accordance with section 988 of the Energy Policy Act of 2005
				(42 U.S.C. 16352).
							(D)Limitation on
				delegationThe authority of the Secretary under this subsection
				may be delegated only to an officer of the Department who is appointed by the
				President by and with the advice and consent of the Senate and may not be
				redelegated to any other person.
							(6)Annual
				reportsNot later than 1 year after the date of enactment of the
				Department of Energy Administrative
				Improvement Act of 2011 and annually thereafter, the Secretary
				shall submit to Congress an annual report on the transactions entered into by
				the Secretary pursuant to the authorities provided under this
				subsection.
						(7)Report
							(A)Definition of
				nontraditional Government contractorIn this paragraph, the term
				nontraditional Government contractor has the meaning given the
				term nontraditional defense contractor in section 845(f) of the
				National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10
				U.S.C. 2371 note).
							(B)ReportNot
				later than 2 years after the date of enactment of this subparagraph, and 2
				years thereafter, the Comptroller General of the United States shall submit to
				Congress a report describing—
								(i)the use by the
				Department of authorities under this section, including the ability to attract
				nontraditional Government contractors; and
								(ii)whether
				additional safeguards are necessary to carry out the
				authorities.
								.
			(b)Implementation
				(1)In
			 generalThe final rule of the Department of Energy entitled
			 Assistance Regulations (71 Fed. Reg. 27158 (May 9, 2006)) shall
			 be applicable to transactions under section 646 of the Department of Energy
			 Organization Act (42 U.S.C. 7256) (as amended by subsection (a)).
				(2)RegulationsThe
			 Secretary may revise, supplement, or replace such regulations as the Secretary
			 determines necessary to implement the amendment made by subsection (a).
				5.Protection of
			 results
			(a)In
			 generalSubject to subsection (b) and notwithstanding any other
			 provision of law, during a period of not more than 5 years after the
			 development of information in any transaction authorized to be entered into by
			 the Department of Energy, the Secretary may provide appropriate protections
			 against the dissemination of the information, including exemption from
			 subchapter II of chapter 5 of title 5, United States Code.
			(b)Applicable
			 informationThis section applies to information that—
				(1)results from a
			 transaction entered into by the Secretary pursuant to this title or an
			 amendment made by this title; and
				(2)is of a character
			 that would be protected from disclosure under section 552(b)(4) of title 5,
			 United States Code, if the information had been obtained from a person other
			 than an agent or employee of the Federal Government.
				6.Direct hire
			 authority
			(a)In
			 generalNotwithstanding sections 3304 and 3309 through 3318 of
			 title 5, United States Code, the Secretary may, upon a determination that there
			 is a severe shortage of candidates or a critical hiring need for particular
			 positions, recruit and directly appoint highly qualified scientists, engineers,
			 or critical technical personnel into the competitive service.
			(b)ExceptionThe
			 authority granted under subsection (a) shall not apply to positions in the
			 excepted service or the Senior Executive Service.
			(c)RequirementsIn
			 exercising the authority granted under subsection (a), the Secretary shall
			 ensure that any action taken by the Secretary—
				(1)is consistent with
			 the merit principles of section 2301 of title 5, United States Code; and
				(2)complies with the
			 public notice requirements of section 3327 of title 5, United States
			 Code.
				(d)Termination of
			 effectivenessThe authority provided by this section terminates
			 effective on the date that is 2 years after the date of enactment of this
			 Act.
			7.Critical pay
			 authority
			(a)In
			 generalNotwithstanding section 5377 of title 5, United States
			 Code, and without regard to the provisions of that title governing appointments
			 in the competitive service or the Senior Executive Service and chapters 51 and
			 53 of that title (relating to classification and pay rates), the Secretary may
			 establish, fix the compensation of, and appoint individuals to critical
			 positions needed to carry out the functions of the Department of Energy, if the
			 Secretary certifies that—
				(1)the
			 positions—
					(A)require expertise
			 of an extremely high level in a scientific or technical field; and
					(B)the Department of
			 Energy would not successfully accomplish an important mission without such an
			 individual; and
					(2)exercise of the
			 authority is necessary to recruit an individual exceptionally well qualified
			 for the position.
				(b)LimitationsThe
			 authority granted under subsection (a) shall be subject to the following
			 conditions:
				(1)The number of
			 critical positions authorized by subsection (a) may not exceed 40 at any 1 time
			 in the Department of Energy.
				(2)The term of an
			 appointment under subsection (a) may not exceed 4 years.
				(3)An individual
			 appointed under subsection (a) may not have been a Department of Energy
			 employee within the 2 years prior to the date of appointment.
				(4)Total annual
			 compensation for any individual appointed under subsection (a) may not exceed
			 the highest total annual compensation payable at the rate determined under
			 section 104 of title 3, United States Code.
				(5)An individual
			 appointed under subsection (a) may not be considered to be an employee for
			 purposes of subchapter II of chapter 75 of title 5, United States Code.
				(c)NotificationEach
			 year, the Secretary shall submit to Congress a notification that lists each
			 individual appointed under this section.
			8.Reemployment of
			 civilian retirees
			(a)In
			 generalNotwithstanding part 553 of title 5, Code of Federal
			 Regulations (relating to reemployment of civilian retirees to meet exceptional
			 employment needs), or successor regulations, the Secretary may approve the
			 reemployment of an individual to a particular position without reduction or
			 termination of annuity if the hiring of the individual is necessary to carry
			 out a critical function of the Department of Energy for which the Department
			 has encountered exceptional difficulty in recruiting or retaining suitably
			 qualified candidates.
			(b)LimitationsAn
			 annuitant hired with full salary and annuities under the authority granted by
			 subsection (a)—
				(1)shall not be
			 considered an employee for purposes of subchapter III of chapter 83 and chapter
			 84 of title 5, United States Code;
				(2)may not elect to
			 have retirement contributions withheld from the pay of the annuitant;
				(3)may not use any
			 employment under this section as a basis for a supplemental or recomputed
			 annuity; and
				(4)may not
			 participate in the Thrift Savings Plan under subchapter III of chapter 84 of
			 title 5, United States Code.
				(c)Limitation on
			 termThe term of employment of any individual hired under
			 subsection (a) may not exceed an initial term of 2 years, with an additional
			 2-year appointment under exceptional circumstances.
			9.Definition of
			 National LaboratorySection
			 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)) is amended by
			 striking subparagraph (P) and inserting the following:

				(P)SLAC National Accelerator
				Laboratory.
				.

		1.Short titleThis Act may be cited as the
			 Department of Energy Administrative
			 Improvement Act of 2011.
		2.DefinitionsIn this Act:
			(1)DepartmentThe
			 term Department means the Department of Energy.
			(2)SecretaryThe term Secretary means the
			 Secretary of Energy.
			3.Future-years Department
			 of Energy program
			(a)In
			 generalPart C of title VI of the Department of Energy
			 Organization Act (42 U.S.C. 7251 et seq.) is amended by adding at the end the
			 following:

					664. Future-Years
				Department of Energy program
						(a)In
				generalAt or about the time the budget of the President is
				submitted to Congress for each year under section 1105(a) of title 31, United
				States Code, the Secretary shall submit to Congress a future-years Department
				of Energy program (including associated annexes) reflecting the estimated
				expenditures and proposed appropriations included in the budget.
						(b)Fiscal
				yearAny future-years Department of Energy program submitted
				under subsection (a) shall cover—
							(1)the fiscal year with
				respect to which the budget is submitted; and
							(2)at least the 4 succeeding
				fiscal years.
							(c)Consistent
				amounts
							(1)In
				generalThe Secretary shall ensure that amounts described in
				paragraph (2)(A) for any fiscal year are consistent with amounts described in
				paragraph (2)(B) for that fiscal year.
							(2)AmountsAmounts
				referred to in paragraph (1) are the following:
								(A)The amounts specified in
				program and budget information submitted to Congress by the Secretary in
				support of expenditure estimates and proposed appropriations in the budget
				submitted to Congress by the President under section 1105(a) of title 31,
				United States Code, for any fiscal year, as indicated in the future-years
				Department of Energy program submitted pursuant to subsection (a).
								(B)The total amounts of
				estimated expenditures and proposed appropriations necessary to support the
				programs, projects, and activities of the Department of Energy included
				pursuant to section 1105(a)(5) of title 31, United States Code, in the budget
				submitted to Congress under that section for any fiscal year.
								(d)Management
				contingenciesSubject to subsection (c), nothing in this section
				prohibits the inclusion in the future-years Department of Energy programs of
				amounts for management
				contingencies.
						.
			(b)Conforming
			 amendmentThe table of contents in the first section of the
			 Department of Energy Organization Act (42 U.S.C. 7101) is amended by adding at
			 the end of the items relating to part C of title VI the following:

						Sec. 664. Future-Years Department of Energy
				program.

					.
			4.Other transactions
			 authority
			(a)In
			 generalSection 646 of the
			 Department of Energy Organization Act (42 U.S.C. 7256) is amended by striking
			 subsection (g) and inserting the following:

					(g)Authority To enter into
				other transactions
						(1)In
				generalIn addition to any other authority granted to the
				Secretary to enter into procurement contracts, leases, cooperative agreements,
				grants, and certain arrangements, the Secretary may enter into other
				transactions with public agencies, private organizations, or other persons on
				such terms as the Secretary considers appropriate to further functions vested
				in the Secretary, including research, development, or demonstration
				projects.
						(2)Advance
				paymentsNotwithstanding any other provision of law, the
				Secretary may exercise authority provided under paragraph (1) without regard to
				section 3324 of title 31, United States Code.
						(3)Relationship to other
				lawThe authority of the Secretary under paragraph (1) shall not
				be subject to—
							(A)section 9 of the Federal
				Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908);
				or
							(B)section 152 of the Atomic
				Energy Act of 1954 (42 U.S.C. 2182).
							(4)Protection of certain
				information from disclosure
							(A)In
				generalNotwithstanding any other provision of law, disclosure of
				information described in subparagraph (B) is not required, and may not be
				compelled, under section 552 of title 5, United States Code, during the 5-year
				period beginning on the date on which the information is received by the
				Department.
							(B)Award
				informationThe information described in this subparagraph is
				information in the records of the Department that—
								(i)was submitted—
									(I)to the Department as part
				of a competitive or noncompetitive process with the potential to result in an
				award to the person submitting the information; and
									(II)in conjunction with a
				transaction entered into by the Secretary pursuant to paragraph (1); and
									(ii)is—
									(I)a proposal, proposal
				abstract, and supporting documents;
									(II)a business plan
				submitted on a confidential basis; or
									(III)technical information
				submitted on a confidential basis.
									(5)Requirements
							(A)Selection
				proceduresIn entering into transactions under paragraph (1), the
				Secretary shall use such competitive, merit-based selection procedures as the
				Secretary determines in writing to be practicable.
							(B)DeterminationBefore
				entering into a transaction under paragraph (1), the Secretary shall determine
				in writing that the use of a standard contract, grant, or cooperative agreement
				for the project is not feasible or appropriate.
							(C)Cost
				sharingA transaction under paragraph (1) shall be subject to
				cost sharing in accordance with section 988 of the Energy Policy Act of 2005
				(42 U.S.C. 16352).
							(D)Limitation on
				delegationThe authority of the Secretary under this subsection
				may be delegated only to an officer of the Department who is appointed by the
				President by and with the advice and consent of the Senate and may not be
				redelegated to any other person.
							(6)Annual
				reportsNot later than 1 year after the date of enactment of the
				Department of Energy Administrative
				Improvement Act of 2011 and annually thereafter, the Secretary
				shall submit to Congress an annual report on the transactions entered into by
				the Secretary pursuant to the authorities provided under this
				subsection.
						(7)Report
							(A)Definition of
				nontraditional Government contractorIn this paragraph, the term
				nontraditional Government contractor has the meaning given the
				term nontraditional defense contractor in section 845(f) of the
				National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10
				U.S.C. 2371 note).
							(B)ReportNot
				later than 2 years after the date of enactment of this subparagraph, and 2
				years thereafter, the Comptroller General of the United States shall submit to
				Congress a report describing—
								(i)the use by the Department
				of authorities under this section, including the ability to attract
				nontraditional Government contractors; and
								(ii)whether additional
				safeguards are necessary to carry out the
				authorities.
								.
			(b)Implementation
				(1)In
			 generalThe final rule of the Department entitled
			 Assistance Regulations (71 Fed. Reg. 27158 (May 9, 2006)) shall
			 be applicable to transactions under section 646 of the Department of Energy
			 Organization Act (42 U.S.C. 7256) (as amended by subsection (a)).
				(2)RegulationsThe
			 Secretary may revise, supplement, or replace such regulations as the Secretary
			 determines necessary to implement the amendment made by subsection (a).
				5.Protection of
			 results
			(a)In
			 generalSubject to subsection (b) and notwithstanding any other
			 provision of law, during a period of not more than 5 years after the
			 development of information in any transaction authorized to be entered into by
			 the Department, the Secretary may provide appropriate protections against the
			 dissemination of the information, including exemption from subchapter II of
			 chapter 5 of title 5, United States Code.
			(b)Applicable
			 informationThis section applies to information that—
				(1)results from a
			 transaction entered into by the Secretary relating to research, development,
			 demonstration, or commercial application; and
				(2)is of a character that
			 would be protected from disclosure under section 552(b)(4) of title 5, United
			 States Code.
				6.Employment of
			 personnel
			(a)In
			 generalSubject to subsections (b) through (d), the Secretary may
			 appoint, without regard to the provisions of chapter 33 of title 5, United
			 States Code, governing appointments in the competitive service, exceptionally
			 well qualified individuals to scientific, engineering, or other critical
			 technical positions.
			(b)Limitations
				(1)Number of
			 positionsThe number of critical positions authorized by
			 subsection (a) may not exceed 120 at any 1 time in the Department.
				(2)TermThe
			 term of an appointment under subsection (a) may not exceed 4 years.
				(3)Prior
			 employmentAn individual appointed under subsection (a) shall not
			 have been a Department employee during the 2-year period ending on the date of
			 appointment.
				(4)Pay
					(A)In
			 generalThe Secretary shall have the authority to fix the basic
			 pay of an individual appointed under subsection (a) at a rate to be determined
			 by the Secretary up to level I of the Executive Schedule without regard to the
			 civil service laws.
					(B)Total annual
			 compensationThe total annual compensation for any individual
			 appointed under subsection (a) may not exceed the highest total annual
			 compensation payable at the rate determined under section 104 of title 3,
			 United States Code.
					(5)Adverse
			 actionsAn individual appointed under subsection (a) may not be
			 considered to be an employee for purposes of subchapter II of chapter 75 of
			 title 5, United States Code.
				(c)Requirements
				(1)In
			 generalThe Secretary shall ensure that—
					(A)the exercise of the
			 authority granted under subsection (a) is consistent with the merit principles
			 of section 2301 of title 5, United States Code; and
					(B)the Department notifies
			 diverse professional associations and institutions of higher education,
			 including those serving the interests of women and racial or ethnic minorities
			 that are underrepresented in scientific, engineering, and mathematical fields,
			 of position openings as appropriate.
					(2)ReportNot
			 later than 2 years after the date of enactment of this Act, the Secretary and
			 the Director of the Office of Personnel Management shall submit to Congress a
			 report on the use of the authority provided under this section that includes,
			 at a minimum, a description or analysis of—
					(A)the ability to attract
			 exceptionally well qualified scientists, engineers, and technical
			 personnel;
					(B)the amount of total
			 compensation paid each employee hired under the authority each calendar year;
			 and
					(C)whether additional
			 safeguards or measures are necessary to carry out the authority and, if so,
			 what action, if any, has been taken to implement the safeguards or
			 measures.
					(d)Termination of
			 effectivenessThe authority provided by this section terminates
			 effective on the date that is 4 years after the date of enactment of this
			 Act.
			7.Reemployment of civilian
			 retirees
			(a)In
			 generalThe Secretary may waive the application of section 8344
			 or 8468 of title 5, United States Code, on a case-by-case basis, for the
			 employment of an annuitant in a position if the employment of the individual is
			 necessary to carry out a critical function of the Department for which the
			 Department has encountered exceptional difficulty in recruiting or retaining
			 suitably qualified candidates.
			(b)LimitationAn
			 annuitant employed under the authority granted by subsection (a) shall not be
			 considered an employee for purposes of subchapter III of chapter 83 and chapter
			 84 of title 5, United States Code.
			(c)Limitation on
			 termThe term of employment of any individual hired under
			 subsection (a) may not exceed an initial term of 2 years, with an additional
			 2-year appointment under exceptional circumstances.
			(d)Termination of
			 effectivenessThe authority provided by this section terminates
			 effective on the date that is 4 years after the date of enactment of this
			 Act.
			8.Definition of national
			 laboratorySection 2(3) of the
			 Energy Policy Act of 2005 (42 U.S.C. 15801(3)) is amended by striking
			 subparagraph (P) and inserting the following:

				(P)SLAC National Accelerator
				Laboratory.
				.

		February 7, 2012
		Reported with an amendment


113 HR 4160 IH: Keep the Promise to Seniors Act of 2014
U.S. House of Representatives
2014-03-06
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.

		I
		113th CONGRESS
		2d Session
		H. R. 4160
		IN THE HOUSE OF REPRESENTATIVES

			March 6, 2014
			Mrs. Ellmers introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To prohibit further action on the proposed rule regarding changes to Medicare prescription drug
			 benefit programs.

		1.Short titleThis Act may be cited as the Keep the Promise to Seniors Act of 2014.
		2.Protecting seniors from cancelled prescription drug coverage, fewer choices, and increased premiumsNotwithstanding any other provision of law, the Secretary of Health and Human Services shall not
			 take any action (through promulgation of a final or interim final
			 regulation, issuance of regulatory or program guidance, use of Federal
			 payment audit procedures, or other enforcement or administrative action,
			 policy, or practice) to implement any provision of the proposed regulation
			 (relating to policy and technical changes to the Medicare Advantage and
			 part D programs under the Medicare program) published on January 10, 2014
			 (79 Fed. Reg. 1918 et seq.) insofar as such regulation relates to the
			 provisions of part D of title XVIII of the Social Security Act, including
			 the application of such provisions to MA–PD plans under part C of such
			 title.


		I
		111th CONGRESS
		2d Session
		H. R. 5088
		IN THE HOUSE OF REPRESENTATIVES

			April 21, 2010
			Mr. Oberstar (for
			 himself, Mr. Dingell, and
			 Mr. Ehlers) introduced the following
			 bill; which was referred to the Committee
			 on Transportation and Infrastructure

		A BILL
		To amend the Federal Water Pollution Control Act to
		  reaffirm the jurisdiction of the United States over waters of the United
		  States.

		1.Short titleThis Act may be cited as the
			 America’s Commitment to Clean Water
			 Act.
		2.PurposesThe purposes of this Act are as
			 follows:
			(1)To reaffirm the
			 original objective of Congress in enacting the Federal Water Pollution Control Act Amendments
			 of 1972 (86 Stat. 816) to restore and maintain the chemical, physical, and
			 biological integrity of the Nation’s waters.
			(2)To reaffirm the
			 definition of the waters of the United States that are subject to the
			 Federal Water Pollution Control Act
			 (33 U.S.C. 1251 et seq.) consistent with the interpretation of such Act prior
			 to the decisions of the United States Supreme Court in Solid Waste Agency of
			 Northern Cook County v. United States Army Corps of Engineers, 531 U.S. 159
			 (2001), and the consolidated cases of Rapanos v. United States and Carabell v.
			 United States Army Corps of Engineers, 547 U.S. 715 (2006), by legislatively
			 overturning the effect of those decisions.
			(3)To define the term waters of the
			 United States and to protect such waters as authorized by the powers
			 granted under section 8 of article I, section 2 of article II, and section 3 of
			 article IV of the Constitution of the United States and in a manner consistent
			 with the Federal Water Pollution Control Act and subsequent amendments thereto.
			3.FindingsCongress finds the following:
			(1)The decisions of the United States Supreme
			 Court in Solid Waste Agency of Northern Cook County v. United States Army Corps
			 of Engineers and the consolidated cases of Rapanos v. United States and
			 Carabell v. United States Army Corps of Engineers unduly restricted the scope
			 of the Federal Water Pollution Control Act and impair the statutory protections
			 for waters of the United States contrary to the intent of Congress.
			(2)Water is a unique
			 and precious resource that is necessary to sustain human life and the life of
			 animals and plants.
			(3)Water is important
			 for agriculture, transportation, energy production, recreation, fishing and
			 shellfishing, and municipal and commercial uses.
			(4)Water moves
			 through interconnected hydrologic cycles, and the pollution, degradation, or
			 destruction of a part of an aquatic system, including geographically isolated
			 or intrastate waters, can affect the chemical, physical, and biological
			 integrity of other parts of the aquatic system.
			(5)Small and
			 intermittent streams, including seasonal streams, and their headwaters comprise
			 the majority of all stream and river miles in the conterminous United States.
			 These waters affect the introduction of pollutants to larger rivers and
			 streams, the life cycles of aquatic organisms and other wildlife, and the flow
			 of higher order streams during floods.
			(6)The pollution,
			 degradation, and destruction of waters of the United States, individually and
			 in the aggregate, have a substantial relation to and effect on interstate
			 commerce. Discharges of pollutants into waters of the United States are the
			 result of, relate to, and are a necessary part of commercial or economic
			 activity.
			(7)Millions of people in the United States
			 depend on the waters of the United States, including wetlands, to improve water
			 quality, recharge surface and subsurface drinking water supplies, protect human
			 health, and create commercial or economic opportunity. Source water protection
			 areas containing one or more small or intermittent streams provide water to
			 public drinking water supplies that serve more than 117,000,000 people in the
			 United States.
			(8)Millions of people
			 in the United States enjoy recreational activities that depend on the waters of
			 the United States, including wetlands, and those activities and associated
			 travel generate billions of dollars of income each year for the travel,
			 tourism, recreation, and sporting sectors of the economy of the United
			 States.
			(9)Protecting the
			 waters of the United States from discharges of pollutants, degradation, and
			 destruction is a necessary and proper means of implementing treaties to which
			 the United States is a party, including treaties protecting fish, birds, and
			 wildlife.
			(10)Protecting the
			 waters of the United States from discharges of pollutants, degradation, and
			 destruction is a necessary and proper means of protecting the territory or
			 other property belonging to the United States, including parkland, refuge land,
			 and other land under Federal ownership and the waters encompassed by that
			 land.
			(11)Administrative and judicial interpretations
			 of the Federal Water Pollution Control Act have treated ground water separately
			 from waters of the United States as that term is used in such
			 Act, and ground water has not been considered to be waters of the United
			 States under such Act. This Act and the amendments made by this Act do
			 not affect those administrative and judicial interpretations.
			(12)This Act and the amendments made by this
			 Act do not affect the authority of the Secretary of the Army or the
			 Administrator of the Environmental Protection Agency under the provisions of
			 the Federal Water Pollution Control Act as interpreted or applied by the
			 Secretary or Administrator as of January 8, 2001.
			4.DefinitionsSection 502 of the
			 Federal Water Pollution Control Act
			 (33 U.S.C. 1362) is amended—
			(1)by repealing
			 paragraph (7); and
			(2)by adding at the
			 end the following:

					(26)Waters of the
				United States
						(A)In
				generalThe term
				waters of the United States includes—
							(i)all waters that are currently used, were
				used in the past, or may be susceptible to use in interstate or foreign
				commerce, including all waters that are subject to the ebb and flow of the
				tide;
							(ii)all interstate and international waters,
				including interstate and international wetlands;
							(iii)all other waters, including intrastate
				lakes, rivers, streams (including intermittent streams), mudflats, sandflats,
				wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural
				ponds, the use, degradation, or destruction of which does or would affect
				interstate or foreign commerce, the obligations of the United States under a
				treaty, or the territory or other property belonging to the United
				States;
							(iv)all impoundments of waters otherwise
				defined as waters of the United States under this paragraph;
							(v)tributaries of waters identified in clauses
				(i) through (iv);
							(vi)the territorial seas; and
							(vii)waters, including wetlands, adjacent to
				waters identified in clauses (i) through (vi).
							(B)ExclusionsThe term waters of the United
				States does not include—
							(i)waters that are
				all or part of a waste treatment system, including treatment ponds or lagoons
				designed to meet the requirements of this Act; or
							(ii)prior converted
				cropland, except that, notwithstanding the determination of an area’s status as
				prior converted cropland by the Secretary of Agriculture, for the purposes of
				this Act, the final authority regarding jurisdiction under this Act remains
				with the Administrator.
							(27)Waste treatment
				system
						(A)In
				generalThe term waste
				treatment system means a confined and discrete system or structure that
				is specifically designed and engineered to meet the requirements of this Act
				and that is determined by the Administrator to be documented by the applicable
				permitting authority under section 402 or 404.
						(B)Special
				ruleA system or structure
				may not be documented as a waste treatment system and the Administrator may not
				make a determination under
				subparagraph (A) if, after the date of
				enactment of this paragraph, such system or structure is created in waters of
				the United States or results from the impoundment of waters of the United
				States.
						(C)GrandfatherNotwithstanding
				subparagraph (B), a waste treatment system in existence and documented before
				the date of enactment of this paragraph may include a waste treatment system
				that was either originally created in or resultant from the impoundment of
				waters of the United States if the discharge from such system meets applicable
				standards and limitations at the point of discharge in a manner similar to
				other discharges under this Act.
						(D)ApplicabilityThe
				definition contained in this paragraph shall apply only for the purposes of
				paragraph (26).
						(28)Prior converted
				croplandThe term prior converted cropland means a
				wetland as determined by the Secretary of Agriculture—
						(A)that has been converted by draining,
				dredging, filling, leveling, or other manipulation (including the removal of
				woody vegetation or any activity that results in impairing or reducing the flow
				and circulation of water) for the purpose of or to have the effect of making
				possible the production of an agricultural commodity without further
				application of the manipulations described herein if—
							(i)such production would not have been
				possible but for the conversion; and
							(ii)before the conversion such land was
				wetland, farmed wetland, or farmed-wetland pasture;
							(B)on which such conversion occurred prior to
				December 23, 1985;
						(C)on which an agricultural commodity had been
				produced at least once before December 23, 1985;
						(D)that, as of December 23, 1985, did not
				support woody vegetation and met the following hydrologic criteria:
							(i)inundation was fewer than 15 consecutive
				days during the growing season or 10 percent of the growing season, whichever
				is less, in most years (50 percent chance or more); and
							(ii)if a pothole, playa, or pocosin, ponding
				was fewer than 7 consecutive days during the growing season in most years (50
				percent chance or more) and saturation was fewer than 14 consecutive days
				during the growing season most years (50 percent chance or more); and
							(E)that is devoted to
				an agricultural
				use.
						.
			5.Conforming
			 amendmentsThe
			 Federal Water Pollution Control Act
			 (33 U.S.C. 1251 et seq.) is amended—
			(1)by striking
			 navigable waters of the United States each place it appears and
			 inserting waters of the United States;
			(2)in section
			 304(l)(1) by striking navigable waters in the paragraph heading
			 and inserting waters of
			 the united states; and
			(3)by striking
			 navigable waters each place it appears and inserting
			 waters of the United States.


113 SRES 150 IS: To designate the year 2013 as the “International Year of Statistics”.
U.S. Senate
2013-05-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		113th CONGRESS
		1st Session
		S. RES. 150
		IN THE SENATE OF THE UNITED STATES

			May 21, 2013
			Mrs. Hagan submitted the
			 following resolution; which was referred to the
			 Committee on the
			 Judiciary

		RESOLUTION
		To designate the year 2013 as the
		  International Year of Statistics.

		Whereas more than 2,000 organizations worldwide have
			 recognized 2013 as the International Year of Statistics, a global celebration
			 and recognition of the contributions of statistical science to the well-being
			 of humankind;
		Whereas the science of statistics is vital to the
			 improvement of human life because of the power of statistics to improve,
			 enlighten, and understand;
		Whereas statistics is the science of collecting,
			 analyzing, and understanding data that permeates and bolsters all
			 sciences;
		Whereas statisticians contribute to the vitality and
			 excellence of myriad aspects of United States society, including the economy,
			 health care, security, commerce, education, and research;
		Whereas rapidly increasing numbers of students in grades K
			 through 16 and educators are recognizing the many benefits of statistical
			 literacy as a collection of skills to intelligently cope with the requirements
			 of citizenship, employment, and family;
		Whereas statisticians contribute to smart and efficient
			 government through the production of statistical data that informs on all
			 aspects of our society, including population, labor, education, economy,
			 transportation, health, energy, and crime;
		Whereas the goals of the International Year of Statistics
			 are to increase public awareness of the power and impact of statistics on all
			 aspects of society, nurture statistics as a profession, especially among young
			 people, and promote creativity and development in the sciences of probability
			 and statistics; and
		Whereas throughout the year, organizations in countries
			 across the world will reach out to adults and children through symposia,
			 conferences, demonstrations, workshops, contests, school activities,
			 exhibitions, and other public events to increase awareness of the history and
			 importance of statistics: Now, therefore, be it

		That the Senate—
			(1)designates the
			 year 2013 as the International Year of Statistics;
			(2)supports the
			 goals and ideals of the International Year of Statistics;
			(3)recognizes the
			 necessity of educating the public on the merits of the sciences, including
			 statistics, and promoting interest in the sciences among the youth of the
			 United States; and
			(4)encourages the
			 people of the United States to participate in the International Year of
			 Statistics through participation in appropriate programs, activities, and
			 ceremonies that call attention to the importance of statistics to the present
			 and future well-being of the people of the United States.


110 HCON 443 IH: To establish the Joint Select Committee on

U.S. House of Representatives
2008-12-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		110th CONGRESS
		2d Session
		H. CON. RES. 443
		IN THE HOUSE OF REPRESENTATIVES

			December 10, 2008
			Ms. Ros-Lehtinen (for
			 herself, Mr. Burton of Indiana,
			 Mr. Boozman,
			 Mr. Fortenberry, and
			 Mr. Fortuño) submitted the following
			 concurrent resolution; which was referred to the
			 Committee on
			 Rules

		CONCURRENT RESOLUTION
		To establish the Joint Select Committee on
		  Reorganization and Reform of Foreign Assistance Agencies and
		  Programs.

		1.EstablishmentThere is hereby established in the Senate
			 and the House of Representatives a joint select committee to be known as the
			 Joint Select Committee on Reorganization and Reform of Foreign
			 Assistance Agencies and Programs (hereinafter referred to as the “Joint
			 Select Committee”).
		2.FunctionsThe Joint Select Committee is authorized and
			 directed to conduct a full and complete investigation of—
			(1)the organization of
			 the various Federal agencies and departments that oversee and implement United
			 States foreign assistance programs, and the interaction and coordination of
			 such agencies and departments with respect to such programs;
			(2)the objectives of
			 United States foreign assistance programs, including the relationship between
			 development goals and United States national security goals;
			(3)the staffing
			 levels and funding levels of United States foreign assistance programs;
			(4)the performance of
			 United States foreign assistance programs in meeting United States national
			 interests; and
			(5)legislative procedures, practices, and
			 organization related to the authorization and appropriation of funding for and
			 oversight of United States foreign assistance programs and agencies and
			 departments which implement such programs.
			3.Report
			(a)Report on
			 Results of InvestigationThe Joint Select Committee shall submit
			 a report to the Senate and House as soon as practicable, but not later than
			 January 20, 2010, on the results of its investigation under section 2, and may
			 include in the report such recommendations, including proposed legislation to
			 carry out such recommendations, as it deems advisable.
			(b)Expedited
			 Consideration of Proposed Legislation
				(1)Expedited
			 consideration
					(A)In
			 generalThe provisions of section 2908 (other than subsection
			 (a)) of the Defense Base Closure and Realignment Act of 1990 shall apply to the
			 consideration of a bill described in paragraph (2) in the same manner as such
			 provisions apply to a joint resolution described in section 2908(a) of such
			 Act.
					(B)Special
			 rulesFor purposes of
			 applying subparagraph (A) with respect to such provisions, the following rules
			 shall apply:
						(i)Any
			 reference to the Committee on Armed Services of the House of Representatives
			 shall be deemed a reference to the Committee on Foreign Affairs of the House of
			 Representatives and any reference to the Committee on Armed Services of the
			 Senate shall be deemed a reference to the Committee on Foreign Relations of the
			 Senate.
						(ii)Any
			 reference to the date on which the President transmits a report shall be deemed
			 a reference to the date on which a bill described in paragraph (2) is
			 introduced in the House of Representatives or Senate (as the case may
			 be).
						(2)Bill
			 describedFor purposes of paragraph (1), a bill described in this
			 paragraph is a bill—
					(A)which is
			 introduced in the House of Representatives by the designated House member
			 described in paragraph (3)(A) or which is introduced in the Senate by the
			 designated Senate member described in paragraph (3)(B);
					(B)which is
			 introduced during the 30-day period which begins on the date the Joint Select
			 Committee submits the report required under subsection (a);
					(C)which consists solely of the proposed
			 legislation which is included in such report to carry out the recommendations
			 made by the Joint Select Committee in the report; and
					(D)the title of which
			 is as follows: A bill to carry out the recommendations of the Joint
			 Select Committee on Reorganization and Reform of Foreign Assistance Agencies
			 and Programs..
					(3)Designated
			 members describedFor purposes of paragraph (2)(A), the
			 designated House member and designated Senate
			 member shall be determined as follows:
					(A)If the chair of
			 the Joint Select Committee is a Member of the House of Representatives, the
			 chair shall be the designated House member. If the vice chair of the Joint
			 Select Committee is a Member of the House of Representatives and the chair is
			 not a Member of the House of Representatives, the vice chair shall be the
			 designated House member. If neither the chair or vice chair is a Member of the
			 House of Representatives, a member of the Joint Select Committee who is a
			 Member of the House of Representatives shall be selected jointly by the chair
			 and vice chair as the designated House member.
					(B)If the chair of
			 the Joint Select Committee is a Member of the Senate, the chair shall be the
			 designated Senate member. If the vice chair of the Joint Select Committee is a
			 Member of the Senate and the chair is not a Member of the Senate, the vice
			 chair shall be the designated Senate member. If neither the chair or vice chair
			 is a Member of the Senate, a member of the Joint Select Committee who is a
			 Member of the Senate shall be selected jointly by the chair and vice chair as
			 the designated Senate member.
					4.Membership
			(a)Composition and
			 Appointment
				(1)In
			 generalSubject to subsection (b), the Joint Select Committee
			 shall be composed of 60 Members of the House of Representatives and Senate, of
			 whom—
					(A)30 shall be
			 Members of the House of Representatives (of whom 15 shall represent the
			 majority political party and 15 shall represent the minority political party)
			 and shall be appointed by the Speaker of the House of Representatives with the
			 concurrence of the minority leader of the House of Representatives; and
					(B)30 shall be
			 Members of the Senate (of whom 15 shall represent the majority political party
			 and 15 shall represent the minority political party) and shall be appointed by
			 the majority leader of the Senate with the concurrence of the minority leader
			 of the Senate.
					(2)Treatment of
			 Delegate and Resident CommissionerFor purposes of this
			 subsection, a Member of the House of Representatives includes a
			 Delegate or Resident Commissioner to the Congress.
				(b)Priority of
			 AppointmentEach of the
			 following individuals shall be appointed by the Speaker or the President pro
			 Tempore (as the case may be) to serve as one of the 60 Members of the Joint
			 Select Committee:
				(1)The Speaker of the House of Representatives
			 (or the Speaker’s designee).
				(2)The majority
			 leader and minority leader of the House of Representatives (or their
			 designees).
				(3)The majority leader and minority leader of
			 the Senate (or their designees).
				(4)The chairman and ranking minority member of
			 the Committee on Foreign Affairs of the House of Representatives (or their
			 designees).
				(5)The chairman and ranking minority member of
			 the Committee on Armed Services of the House of Representatives (or their
			 designees).
				(6)The chairman and ranking minority member of
			 the Committee on Rules of the House of Representatives (or their
			 designees).
				(7)The chairman and ranking minority member of
			 the Committee on Appropriations of the House of Representatives (or their
			 designees).
				(8)The chairman and ranking minority member of
			 the Subcommittee on State, Foreign Operations and Related Programs of the
			 Committee on Appropriations of the House of Representatives (or their
			 designees).
				(9)The chairman and ranking minority member of
			 the Committee on Agriculture of the House of Representatives (or their
			 designees).
				(10)The chairman and ranking minority member of
			 the Committee on Financial Services of the House of Representatives (or their
			 designees).
				(11)The chairman and ranking minority member of
			 the Committee on Foreign Relations of the Senate (or their designees).
				(12)The chairman and ranking minority member of
			 the Committee on Armed Services of the Senate (or their designees).
				(13)The chairman and ranking minority member of
			 the Committee on Rules and Administration of the Senate (or their
			 designees).
				(14)The chairman and ranking minority member of
			 the Committee on Appropriations of the Senate (or their designees).
				(15)The chairman and ranking minority member of
			 the Subcommittee on State, Foreign Operations and Related Programs of the
			 Committee on Appropriations of the Senate (or their designees).
				(16)The chairman and ranking minority member of
			 the Committee on Agriculture of the Senate (or their designees).
				(17)The chairman and ranking minority member of
			 the Committee on Banking, Housing, and Urban Affairs of the Senate.
				(c)Leadership
				(1)ChairThe
			 members of the Joint Select Committee who represent the majority political
			 party shall designate one of those members to serve as chair of the Joint
			 Select Committee.
				(2)Vice
			 chairThe members of the
			 Joint Select Committee who represent the minority political party shall
			 designate one of those members to serve as vice-chair of the Joint Select
			 Committee.
				(d)VacanciesA
			 vacancy in the membership of the Joint Select Committee shall not affect the
			 power of the remaining members to execute the functions of the Joint Select
			 Committee, and shall be filled in the same manner as in the case of the
			 original appointment.
			5.Powers
			(a)Hearings and
			 Other ActivitiesFor the
			 purpose of carrying out its duties, the Joint Select Committee may hold such
			 hearings and undertake such other activities as the Joint Select Committee
			 determines to be necessary to carry out its duties, whether the Congress is in
			 session, has recessed, or has adjourned.
			(b)Obtaining
			 Information
				(1)Authority to use
			 subpoenasThe Joint Select
			 Committee may require by subpoena the attendance of such witnesses and the
			 production of such books, papers, and documents, as it considers
			 appropriate.
				(2)ProceduresSubpoenas may be issued over the signature
			 of the chair of the Joint Select Committee or of any member designated by the
			 chair or by the Joint Select Committee to the extent the chairman or such
			 member is authorized by a majority of the joint committee to issue such
			 subpoenas, and may be served by any person designated by such chairman or
			 member.
				(c)Access to
			 Legislative Branch ServicesThe Joint Select Committee shall have
			 access to the services of the Government Accountability Office, the
			 Congressional Budget Office, and the Congressional Research Service in the same
			 manner and under the same terms and conditions as any standing committee of the
			 House of Representatives or Senate.
			(d)Adoption of
			 RulesNot later than 30 days after all of its members have been
			 appointed, the Joint Select Committee shall adopt rules governing its
			 operations and shall submit such rules to the Clerk of the House of
			 Representatives and Secretary of the Senate for publication in the
			 Congressional Record.
			6.Staff; Travel
			(a)Appointment of
			 Staff
				(1)In
			 generalThe Joint Select Committee may appoint, prescribe the
			 duties and responsibilities of, and fix the pay of such personnel as the chair
			 and vice chair consider appropriate to assist the Joint Select Committee in
			 carrying out its duties, except that no individual appointed under this
			 authority may receive pay at a rate greater than the highest annual rate of pay
			 which may be paid under level V of the Executive Schedule under section 5316 of
			 title 5, United States Code.
				(2)Allocation of
			 appointmentsOf the full-time equivalent personnel positions
			 appointed under this subsection—
					(A)50 percent shall
			 be appointed by the chair (with the concurrence of the vice chair); and
					(B)50 percent shall
			 be appointed by the vice chair (with the concurrence of the chair).
					(3)Detail of
			 Federal employeesUpon the joint request of the chair and vice
			 chair, the head of any Federal agency or of any office in the legislative
			 branch is authorized to detail, without reimbursement, any of the personnel of
			 such agency or office to the Joint Select Committee to assist the Joint Select
			 Committee in carrying out its duties.
				(b)Reimbursement of
			 Travel ExpensesSubject to
			 the rules adopted by the Joint Select Committee pursuant to section 5(d), the
			 chair and vice chair may reimburse members and staff of the Joint Select
			 Committee for travel, subsistence, and other necessary expenses incurred in the
			 performance of their duties and responsibilities for the Joint Select
			 Committee, other than expenses in connection with any meeting of the Joint
			 Select Committee, or any subcommittee thereof, held in the District of
			 Columbia.
			7.Funding
			(a)VouchersPayments
			 for expenses of the Joint Select Committee shall be made using vouchers
			 authorized by the Joint Select Committee, signed by the chair and vice chair of
			 the Joint Select Committee, and approved in a manner directed by the Committee
			 on Rules and Administration of the Senate and the Committee on House
			 Administration of the House of Representatives.
			(b)Source of
			 FundsThere are authorized to be appropriated not more than
			 $7,000,000 for the operation of the Joint Select Committee, of which—
				(1)50
			 percent shall be derived from the applicable accounts of the House of
			 Representatives; and
				(2)50 percent shall
			 be derived from the contingent fund of the Senate.
				8.Termination
			(a)Termination
			 DateThe Joint Select
			 Committee shall terminate 30 days after filing the report required under
			 section 3 or upon the expiration of the 1-year period which begins on the date
			 of the adoption of this resolution, whichever occurs earlier.
			(b)Transfer of
			 RecordsUpon termination of the Joint Select Committee, the
			 records of the Joint Select Committee shall be transferred jointly to, and held
			 jointly by, the Clerk of the House of Representatives and Secretary of the
			 Senate.