113 HR 1983 IH: Food Aid Reform Act
U.S. House of Representatives
2013-05-15
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
		1st Session
		H. R. 1983
		IN THE HOUSE OF REPRESENTATIVES

			May 15, 2013
			Mr. Royce (for
			 himself and Ms. Bass) introduced the
			 following bill; which was referred to the Committee on Foreign Affairs, and in
			 addition to the Committees on Agriculture,
			 Transportation and
			 Infrastructure, and Armed
			 Services, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To amend the Food for Peace Act to reform the food
		  assistance programs under that Act, and for other purposes.

		1.Short titleThis Act may be cited as the Food Aid
			 Reform Act.
		IAmendments to the
			 Food for Peace Act
			101.Food aid to
			 developing countriesSection
			 3(b)(1)(C) of the Food for Peace Act (7 U.S.C. 1691a(b)(1)(C)) is
			 amended—
				(1)by striking
			 , provision of funds and inserting and provision of
			 funds; and
				(2)by striking
			 , and monetization of commodities,.
				102.Emergency and
			 private assistance programs
				(a)In
			 generalTitle II of the Food
			 for Peace Act is amended as follows:
					(1)In the title
			 heading, by striking and
			 private.
					(2)In section 201 (7 U.S.C. 1721)—
						(A)in the matter
			 preceding paragraph (1), by striking agricultural commodities
			 and inserting assistance, including agricultural commodities,;
			 and
						(B)in paragraph (4),
			 by inserting inclusive and sustainable after
			 promote.
						(3)In section 202 (7
			 U.S.C. 1722)—
						(A)in the section
			 heading, by striking agricultural commodities and inserting
			 emergency
			 assistance;
						(B)in subsection (a), by striking
			 agricultural commodities and inserting assistance,
			 including agricultural commodities,;
						(C)by striking
			 subsections (b), (c), (d), and (e); and
						(D)in subsection
			 (h)(3)—
							(i)by
			 striking section 207(f) and inserting section
			 207; and
							(ii)by striking
			 fiscal years 2009 through 2011 and inserting fiscal years
			 2014 through 2018.
							(4)By striking section 203 (7 U.S.C.
			 1723).
					(5)By striking section 204 (7 U.S.C.
			 1724).
					(6)In section 205 (7 U.S.C. 1725)—
						(A)in subsection (a),
			 by striking that may involve eligible organizations described in section
			 202(d)(1); and
						(B)in subsection (f),
			 by striking December 31, 2012 and inserting September 30,
			 2018.
						(7)In section 207(f) (7 U.S.C.
			 1726a(f))—
						(A)in paragraph
			 (2)—
							(i)by striking
			 subparagraph (D); and
							(ii)by redesignating
			 subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively;
			 and
							(B)in paragraph (3),
			 by striking Food, Conservation, and Energy Act of 2008 and
			 inserting Food Aid Reform Act.
						(8)In section 207 (7 U.S.C. 1726a)—
						(A)by striking
			 subsections (a), (b), (c), (d), and (e);
						(B)in subsection
			 (f)(2)—
							(i)by
			 striking subparagraph (D); and
							(ii)by
			 redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E),
			 respectively; and
							(C)by adding at the
			 end the following new subsection:

								(h)Applicability of
				administrative authorities under the Foreign Assistance Act of
				1961The administrative
				authorities contained in chapter 2 of part III of the Foreign Assistance Act of
				1961 (22 U.S.C. 2381 et seq.) shall apply to programs carried out under this
				title to the same extent and in the same manner as such administrative
				authorities apply to programs carried out under such
				Act.
								.
						(b)Retroactive
			 effective dateThe amendment
			 made by paragraph (6)(B) shall take effect as of December 31, 2012.
				103.General
			 authorities and requirements
				(a)In
			 generalTitle IV of the Food
			 for Peace Act is amended as follows:
					(1)In section 402 (7
			 U.S.C. 1732)—
						(A)in paragraph
			 (2)—
							(i)by
			 striking produced in the United States; and
							(ii)by
			 striking the second sentence; and
							(B)in paragraph
			 (3)—
							(i)by
			 redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D),
			 respectively; and
							(ii)by
			 inserting after subparagraph (A) the following new subparagraph:

									(B)the Committee on Foreign Relations of the
				Senate;
									.
							(2)In section 403(l)(1)(A) (7 U.S.C.
			 1733(l)(1)(A)), by striking titles I and II and inserting
			 title I.
					(3)In section 404(c)(1) (7 U.S.C. 1734(c)(1)),
			 by striking eligible organizations and all that follows through
			 under title II and inserting eligible organizations may
			 be made available under titles I and III.
					(4)In section 406(a) (7 U.S.C. 1736(a)), by
			 inserting may make available funds and before may
			 acquire.
					(5)In section 407(c) (7 U.S.C. 1736a)—
						(A)in paragraph (1),
			 by striking subparagraph (B);
						(B)in paragraph
			 (4)(A), by striking for fiscal years 2001 through 2012;
			 and
						(C)in paragraph
			 (5)—
							(i)in
			 the heading, by striking Nonemergency or multiyear and inserting
			 Multiyear; and
							(ii)by
			 striking for ongoing nonemergency or.
							(6)In section 408 (7 U.S.C. 1736b), by
			 striking December 31, 2012 and inserting September 30,
			 2018.
					(b)Retroactive
			 effective dateThe amendment
			 made by paragraph (6) shall take effect as of December 31, 2012.
				104.Effective
			 dateExcept as otherwise
			 provided in this title, the amendments made by this title shall take effect on
			 the date of the enactment of this Act and shall apply with respect to the
			 provision of assistance under title II of the Food for Peace Act (as so
			 amended) beginning on the date that is 180 days after such date of
			 enactment.
			IICargo
			 preferences
			201.Cargo
			 preferences
				(a)ExemptionSection 55313 of title 46, United States
			 Code, is amended—
					(1)by striking
			 Sections 55304 and 55305 of this title do not apply and
			 inserting the following:

							(a)In
				generalSections 55304 and
				55305 of this title do not apply
							;
				and
					(2)by adding at the
			 end the following:

							(b)Additional
				exempted activitiesIn
				addition to the exemption under subsection (a) and notwithstanding any other
				provision of law, sections 55304 and 55305 of this title do not apply to
				activities carried out under title II of the Food for Peace Act (7 U.S.C. 1721
				et
				seq.).
							.
					(b)Conforming
			 amendmentSection 55314(b)(1)
			 of title 46, United States Code, is amended by inserting , except for
			 activities carried out under title II of that Act before the
			 semicolon.


		II
		110th CONGRESS
		2d Session
		S. 2546
		IN THE SENATE OF THE UNITED STATES

			January 23, 2008
			Mr. Salazar (for himself
			 and Mr. Allard) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To reduce the risks to Colorado communities and water
		  supplies from severe wildfires, especially in areas affected by insect
		  infestations, to provide model legislation that may be applied to other States
		  experiencing similar insect infestations or other forest-related problems, and
		  for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Colorado Forest Management
			 Improvement Act of 2007.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Purposes.
					Sec. 3. Definitions.
					TITLE I—HEALTHY FORESTS RESTORATION ACT OF 2003 AND RELATED
				LAWS
					Sec. 101. Community wildfire protection plan
				assistance.
					Sec. 102. Central collection points.
					Sec. 103. Biomass commercial utilization grant
				program.
					Sec. 104. Healthy forest partnerships.
					TITLE II—COLORADO FOREST HEALTH MEASURES
					Sec. 201. Research and other activities.
					Sec. 202. Colorado Forest Health Fund.
					Sec. 203. Grants for Colorado fuels for schools
				program.
					Sec. 204. Stewardship contracts in Colorado.
					Sec. 205. Permanent authority for Federal and State cooperative
				restoration and protection in Colorado.
					Sec. 206. Preparation of fire-danger maps.
					Sec. 207. Truck weights on Colorado interstate
				highways.

			2.PurposesThe purposes of this Act are—
			(1)to facilitate a more coordinated response
			 by Federal and State agencies and local governments and communities to the
			 effects of insect infestations in forest lands in Colorado so as to reduce the
			 likelihood of loss of life or damage to property or municipal water supplies
			 from severe wildfires and to improve the management of such lands; and
			(2)to provide a model
			 of legislation that could be considered for application to other States
			 experiencing similar insect infestations or other forest-related
			 problems.
			3.DefinitionsIn this Act:
			(1)FundThe
			 term Fund means the Colorado Forest Health Fund.
			(2)Secretary
			 concernedThe term Secretary concerned means
				(A)the Secretary of
			 Agriculture (acting through the Chief of the Forest Service), with respect to
			 National Forest System land; and
				(B)the Secretary of
			 the Interior, with respect to land managed by the Bureau of Land Management and
			 with respect to land held for the benefit of an Indian tribe.
				(3)StateThe
			 term State means the State of Colorado.
			IHEALTHY FORESTS
			 RESTORATION ACT OF 2003 AND RELATED LAWS
			101.Community
			 wildfire protection plan assistance
				(a)Planning
			 assistance for at-risk communities
					(1)In
			 generalSection 103 of the Healthy Forests Restoration Act of
			 2003 (16 U.S.C. 6513) is amended by adding at the end the following new
			 subsection:

							(e)Planning
				assistance for at-risk communities
								(1)In
				generalThe Secretary, in consultation with appropriate State
				agencies, shall make grants to at-risk communities in Colorado to assist the
				at-risk communities in preparing, revising, or implementing a community
				wildfire protection plan.
								(2)Source of
				fundsThe Secretary shall use amounts made available under
				section 35(c) of the Mineral Leasing Act (30 U.S.C. 191(c)) to carry out this
				subsection.
								.
					(2)Funding
			 sourceSection 35 of the Mineral Leasing Act (30 U.S.C. 191) is
			 amended by adding at the end the following new subsection:

							(d)Assistance for
				at-risk communitiesNotwithstanding the first sentence of
				subsection (a), $10,000,000 of the amounts paid into the Treasury under
				subsection (a) for each of fiscal years 2008 through 2012 shall be made
				available to the Secretary, without further appropriation and until expended,
				for obligation and expenditure under section 103(e) of the Healthy Forests
				Restoration Act of 2003 (16 U.S.C.
				6513(e)).
							.
					(b)Additional
			 assistance for preparation of plansSection 33(b)(3) of the
			 Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3)) is
			 amended by striking subparagraph (L) and inserting the following:

						(L)To fund fire
				prevention programs, including the development and implementation of community
				wildfire protection plans (as defined in section 101 of the Healthy Forests
				Restoration Act of 2003 (16 U.S.C.
				6511)).
						.
				102.Central
			 collection pointsTitle I of
			 the Healthy Forests Restoration Act of 2003 is amended by adding at the end the
			 following new section:

					109.Central
				collection points
						(a)EstablishmentTo
				the maximum extent practicable, and consistent with relevant land management
				plans, the Secretary shall establish collection points in Colorado for the
				placement of vegetative material removed from Federal or other land as part of
				a hazardous fuel reduction project under this Act. Collection points shall be
				located so as to be readily accessible to the public and so as to take
				advantage of existing roads and other infrastructure.
						(b)Conditions for
				establishmentNo collection point shall be established pursuant
				to this section—
							(1)if the Secretary
				determines that transportation of the vegetative material to or from the
				proposed collection point would result in an increased risk of infestation of
				insects; or
							(2)on any property not owned by the United
				States without the consent of the owner of the property.
							(c)ManagementThe
				Secretary is not required to manage use of a collection point established under
				this section, but may enter into agreements with local governments, private
				landowners, or other relevant entities with regard to such management,
				including the terms and conditions under which material can be removed from a
				collection point.
						(d)UseVegetative
				material placed at a collection point established under this section may be
				sold, donated, or otherwise made available to any individual or entity that
				agrees to remove the material from the collection point.
						(e)Treatment of
				revenuesAny revenue collected by the Secretary through sale of
				material from a collection point shall be retained by the Secretary and used
				for authorized hazardous fuel reduction projects in
				Colorado.
						.
			103.Biomass
			 commercial utilization grant programThe Healthy Forests Restoration Act of 2003
			 is amended by striking section 203 (16 U.S.C. 6531) and inserting the following
			 new section:

					203.Biomass
				commercial utilization grant program
						(a)Program
				authorizedThe Secretary may provide to owners or operators of
				facilities that use biomass, on an annual basis, grants for use in accordance
				with subsection (d).
						(b)Eligible
				recipientsA grant shall be awarded under this section only to an
				owner or operator of a facility that uses biomass—
							(1)as a raw material to
				produce
								(A)electricity;
								(B)sensible heat;
				or
								(C)transportation
				fuel;
								(2)for wood-based
				products; or
							(3)for other
				commercial purposes.
							(c)PriorityIn
				making grants under this section, the Secretary shall give priority to
				applications submitted by individuals or entities that purchase biomass removed
				from land identified for hazardous fuel reduction treatments in a community
				wildfire protection plan through an authorized hazardous fuel reduction project
				carried out under section 102.
						(d)Use of grant
				fundsAn owner or operator who receives a grant under this
				section may use funds from the grant to offset the costs of purchasing
				biomass.
						(e)Relationship to
				other authorityThe Secretary may exercise the authority provided
				by this section in conjunction with, or in addition to, any other authority of
				the Secretary to support or stimulate the use of biomass fuel.
						(f)Authorization of
				appropriationsThere is authorized to be appropriated to the
				Secretary to carry out this section $5,000,000 for each of fiscal years 2008
				through
				2012.
						.
			104.Healthy forest
			 partnershipsThe Healthy
			 Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.) is amended by adding
			 at the end the following new title:

					VIICOLORADO HEALTHY
				FOREST PARTNERSHIPS
						701.DefinitionsIn this title:
							(1)At-risk
				communityThe term at-risk community has the meaning
				given the term in section 101.
							(2)Implementation
				planThe term implementation plan means—
								(A)the plan entitled
				Implementation Plan for the Comprehensive Strategy for a Collaborative
				Approach for Reducing Wildland Fire Risks to Communities and the
				Environment and dated May 2002; and
								(B)any amendments to
				the implementation plan.
								(3)Nongovernmental
				collaborative groupThe term non-governmental collaborative
				group means a nongovernmental organization, or a coalition of
				organizations or individuals in the State of Colorado that, as determined by
				the Secretary concerned, represents—
								(A)a balance of
				viewpoints among interested public and private individuals, agencies, or
				institutions;
								(B)a diverse range of
				knowledge and experience in issues relating to natural resources; and
								(C)a commitment to
				timely and cost-effective results.
								(4)Partnering
				entityThe term partnering entity means—
								(A)the State of
				Colorado (including any political subdivision of such State) operating through
				the Colorado State Forest Service; or
								(B)an Indian
				tribe.
								(5)ProjectThe
				term project means—
								(A)an authorized
				hazardous fuel reduction project, as defined in section 101(2) on lands in
				Colorado;
								(B)an activity on
				lands in Colorado relating to treatment of insect-infested trees; or
								(C)an activity on
				lands in Colorado relating to the restoration of a forest land, a rangeland, or
				a watershed.
								(6)Secretary
				concernedThe term Secretary concerned means—
								(A)the Secretary of
				Agriculture (acting through the Chief of the Forest Service), with respect to
				National Forest System land; and
								(B)the Secretary of
				the Interior, with respect to land managed by the Bureau of Land Management and
				land held for the benefit of an Indian tribe that is managed by the Department
				of the Interior.
								702.Healthy forest
				partnership zones
							(a)Designation
								(1)In
				generalThe Secretary concerned may designate as a Healthy Forest
				Partnership Zone—
									(A)any parcel of
				Federal land in the State of Colorado that, on the date on which the
				designation is made, is under the jurisdiction of the Secretary concerned;
				and
									(B)any non-Federal
				land located adjacent to the Federal land.
									(2)ProposalsIn
				determining which parcels of land to designate as Healthy Forest Partnership
				Zones under paragraph (1), the Secretary concerned shall consider proposals
				submitted by—
									(A)the Governor of
				Colorado;
									(B)the Colorado State
				forester;
									(C)forest improvement
				districts, water conservation districts, and soil conservation districts;
				and
									(D)at-risk
				communities in Colorado.
									(b)Criteria for
				designationThe Secretary concerned may designate a parcel of
				land as a Healthy Forest Partnership Zone if the parcel of land to be so
				designated is—
								(1)at risk of
				uncharacteristically severe damage to at-risk communities or community water
				supply facilities from a wildland fire or an outbreak of insects or disease;
				and
								(2)requires 1 or more
				management activities to reduce that risk.
								(c)Public
				noticeBefore making a designation of a parcel of land as a
				Healthy Forest Partnership Zone, the Secretary concerned shall provide public
				notice and an opportunity for receipt and consideration of public comment
				relating to the designation.
							(d)Duration of
				designation
								(1)In
				generalSubject to paragraph (2), in making a designation of a
				parcel of land as a Healthy Forest Partnership Zone under subsection (a), the
				Secretary concerned shall specify the conditions under which the designation
				will terminate.
								(2)ExceptionA
				designation of a parcel of land as a Healthy Forest Partnership Zone under
				subsection (a) shall remain in effect for a period of not more than 5 years
				after the date on which the designation is made.
								(e)PrioritizationIn
				designating a parcel of land as a Healthy Forest Partnership Zone under
				subsection (a), the Secretary concerned shall give priority to parcels of land
				in which there are located lands identified in a community wildfire protection
				plan for implementation of hazardous fuel reduction projects.
							(f)Application of
				other lawsSection 104 shall apply to designation of a parcel of
				land as a Healthy Forest Partnership Zone to the same extent as such section
				applies to conduct of an authorized hazardous fuel reduction project.
							703.Partnership
				projects
							(a)Contracts and
				other agreementsThe Secretary concerned may enter into a
				contract (including a sole source contract) or other agreement (including an
				agreement for the mutual benefit of the Secretary concerned and a partnering
				entity) with a partnering entity to prepare and implement any hazardous fuel
				reduction or other projects for the Secretary on Federal land in Colorado to
				complement any similar projects on bordering or adjacent non-Federal
				land.
							(b)Administrative
				provisions
								(1)National forest
				management actSubsection (d)
				of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a)
				shall not apply to a contract or other agreement entered into by the Secretary
				concerned under this section. Subsection (g) of such section shall not apply to
				a contract or other agreement with the State of Colorado or the Colorado State
				Forest Service entered into by the Secretary concerned under this section, and
				the Secretary may agree to allow the State or the State Forest Service to
				designate trees or other materials to be removed and to supervise the removal
				thereof.
								(2)Materials act of
				1947Section 2(a) of the Act of July 31, 1947 (commonly known as
				the Materials Act of 1947; 30 U.S.C. 602(a)) shall not apply to
				a project carried out in accordance with a contract or other agreement entered
				into by the Secretary concerned under this section.
								(3)Assumption of
				liabilityTo the extent allowed by Federal, State, or local law,
				in preparing or carrying out a contract or other agreement under this section,
				a partnering entity shall assume liability for the actions or omissions of the
				employees or subcontractors of the partnering entity.
								(4)Subcontracting
				by a partnering entityTo the extent allowed by State and local
				law, to prepare or carry out a contract or other agreement under this section,
				a partnering entity may subcontract to another entity the duties of the
				partnering entity.
								(5)BondExcept
				as otherwise determined by the Secretary concerned, no bond shall be required
				by the Secretary concerned from any party to a contract or other agreement
				under this section.
								(6)Acquisition
				requirementsIn awarding a multi-year stewardship contract, the
				Secretary of Agriculture may fulfill the requirements of the Federal
				Acquisition Regulation, Part 17.104, by use of—
									(A)appropriations
				originally available for the performance of the contract concerned; or
									(B)appropriations
				currently available for procurement of the type of services concerned and not
				otherwise obligated; or
									(C)funds appropriated
				for these payments.
									(7)Cancellation
				liabilityFunds identified for the purpose of the cancellation
				liability of a contract shall not be obligated at the time of contract
				award.
								(c)Project
				requirementsAny project covered under this section shall—
								(1)be consistent with
				the applicable land and resource management plan developed under section 6 of
				the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
				1604) or the applicable land use plan prepared for one or more units of the
				public land;
								(2)improve the cost
				efficiency of managing the Federal land covered by the project consistent with
				best value principles, as determined by the Secretary;
								(3)be approved by the
				Secretary concerned in such Secretary’s sole discretion; and
								(4)be subject to the
				requirements of section 104 to the same extent as an approved hazardous fuel
				reduction project.
								(d)Priority for
				collaborative projectsThe Secretary concerned shall give
				priority to projects—
								(1)that are developed
				through cooperation with non-governmental collaborative groups;
								(2)that are
				consistent with a community wildfire protection plan; and
								(3)that are prepared
				in a manner consistent with the Implementation Plan or any amendment
				thereto.
								(e)Consent of
				landowner requiredThe Secretary concerned shall not carry out
				any activity on non-Federal land under this section without the consent of the
				owner of the non-Federal
				land.
							.
			IICOLORADO FOREST
			 HEALTH MEASURES
			201.Research and
			 other activities
				(a)ResearchTo
			 improve the long-term health of forests in the State, the Secretary of
			 Agriculture shall—
					(1)provide financial
			 assistance in the form of grants to—
						(A)the Colorado Wood
			 Program of Colorado State University for the conduct of research and
			 development and marketing of non-traditional forest products;
						(B)the Forest
			 Restoration Institute at Colorado State University, including assistance for
			 the conduct of research in higher elevation forests; and
						(C)any other
			 entities, including entities conducting research on utilization of wood and
			 other products from high-elevation forests that the Secretary of Agriculture
			 determines to be appropriate; and
						(2)acting through the
			 Rocky Mountain Research Station, collaborate with the Forest Restoration
			 Institute at Colorado State University in the conduct of research on and the
			 development and transfer of broader landscape treatment strategies and ways to
			 integrate best science with community needs.
					(b)Assessments and
			 cooperationThe Secretary concerned, in cooperation with the
			 Colorado State Forester and other applicable State agencies, shall—
					(1)assess priorities
			 in the State for use of stewardship contracts to initiate revitalization of the
			 forest product industry; and
					(2)otherwise
			 cooperate with the Colorado State Forest Service and the forest products
			 industry in the State to assist in the development of new markets for
			 non-traditional forest products and marketing of such products.
					(c)Financial
			 assistance for stewardship projects and small businessesThe
			 Secretary concerned shall—
					(1)consider use of
			 authority under the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et
			 seq.), stewardship contracts, and other long-term contracts to ensure a
			 sustained supply of raw wood materials in the State;
					(2)provide financial
			 assistance for the upfront costs of long-term stewardship projects in areas in
			 which timber values do not provide for recovery costs; and
					(3)provide grants and
			 low-cost loans to eligible small business concerns in the forest product
			 industry in the State for the costs of start-up activities, converting
			 equipment, and modifying facilities to enable the small business concerns to
			 use wood from forests in the State.
					(d)ConsultationThe
			 Secretary of Agriculture shall consult with the Administrator of the
			 Environmental Protection Agency regarding possible steps to facilitate use of
			 raw wood materials in combination with other substances as fuels in existing
			 facilities for the generation of electricity or for other purposes.
			 Consultation shall include consideration of the possibility of modifying
			 existing permits issued to such facilities pursuant to the Clean Air Act and
			 other federal laws.
				(e)ReportNo
			 later than 90 days after the date of the enactment of this Act, the Secretary
			 of Agriculture shall submit to Congress a report regarding the results of
			 consultation under subsection (d). The report may include any recommendations
			 regarding possible legislation that the Secretary thinks appropriate and
			 desirable.
				(f)Authorization of
			 appropriationsTo implement this section, there are authorized to
			 be appropriated not to exceed $2,000,000 in each of fiscal years 2008 through
			 2012
				202.Colorado Forest
			 Health Fund
				(a)EstablishmentThere
			 is established in the Treasury of the United States a fund, to be known as the
			 Colorado Forest Health Fund, consisting of—
					(1)such amounts as
			 are appropriated to the Fund under subsection (b) or any other law; and
					(2)any interest earned
			 on investment of amounts in the Fund under subsection (d).
					(b)Transfers to
			 fundNotwithstanding any other provision of law, on October 1,
			 2008, and each October 1 thereafter, there is appropriated to the Fund an
			 amount equal to 50 percent of the proceeds during the previous fiscal year from
			 the Forest Service sales of timber in the State, or $2,000,000, whichever
			 amount is greater.
				(c)Expenditures from
			 fundOn request by the Secretary of Agriculture, the Secretary of
			 the Treasury shall transfer from the Fund to the Secretary concerned such
			 amounts not exceeding $2,000,000 in any fiscal year as the Secretary of
			 Agriculture determines are necessary to carry out measures to improve forest
			 health and reduce hazardous fuels in the State.
				(d)Investment of
			 amounts
					(1)In
			 generalThe Secretary of the Treasury shall invest such portion
			 of the Fund as is not, in the judgment of the Secretary of the Treasury,
			 required to meet current withdrawals.
					(2)Interest-bearing
			 obligationsInvestments may be made only in interest-bearing
			 obligations of the United States.
					(3)Acquisition of
			 obligationsFor the purpose of investments under subparagraph
			 (A), obligations may be acquired—
						(A)on original issue
			 at the issue price; or
						(B)by purchase of
			 outstanding obligations at the market price.
						(e)Sale of
			 obligationsAny obligation acquired by the Fund may be sold by
			 the Secretary of the Treasury at the market price.
				(f)Credits to
			 fundThe interest on, and the proceeds from the sale or
			 redemption of, any obligations held in the Fund shall be credited to and form a
			 part of the Fund.
				(g)Transfers of
			 amounts
					(1)In
			 generalThe amounts required to be transferred to the Fund under
			 this section shall be transferred at least monthly from the general fund of the
			 Treasury to the Fund on the basis of estimates made by the Secretary of the
			 Treasury.
					(2)AdjustmentsProper
			 adjustment shall be made in amounts subsequently transferred, to the extent
			 prior estimates were in excess of or less than, the amounts required to be
			 transferred.
					203.Grants for
			 Colorado fuels for schools program
				(a)GrantsFor
			 each of fiscal years 2008 through 2012, the Secretary concerned shall provide
			 not more than $5,000,000 in grants to the State for the Colorado fuels for
			 schools program under section 210(b) of the Energy Policy Act of 2005 (42
			 U.S.C. 15855)—
					(1)to conduct studies
			 at eligible schools in rural communities to determine the feasibility of
			 installing and operating biomass boilers at the schools and other public
			 buildings; and
					(2)to assist eligible
			 schools and other public buildings in rural communities in the installation and
			 operation of biomass boilers.
					(b)DefinitionsIn
			 this section, the term biomass has the same meaning as such term
			 has in section 210 of the Energy Policy Act of 2005 and the term rural
			 communities has the same meaning as the term preferred
			 community has in such section of such Act.
				(c)Rule of
			 constructionNothing in this section shall be construed to limit
			 the applicability of the Clean Air Act or any other Federal or State law or
			 regulation otherwise applicable to installation and operation of a biomass
			 boiler.
				(d)Authorization of
			 appropriationsTo implement this section, there are authorized to
			 be appropriated not to exceed $5,000,000 for each of fiscal years 2008 through
			 2012.
				204.Stewardship
			 contracts in ColoradoSection
			 347(c) of the Department of the Interior and Related Agencies Appropriations
			 Act, 1999 (16 U.S.C. 2104 note; 112 Stat. 2681–299), is amended by adding at
			 the end the following new paragraph:

					(6)Extended term
				for projects in Colorado
						(A)In
				generalNotwithstanding paragraph (2), any agreement or contract
				under subsection (a) for a project to be carried out in the State of Colorado
				may have a term of not more than 20 years.
						(B)ApplicabilityThe
				Chief of the Forest Service or the Director of the Bureau of Land Management,
				as applicable, with the consent of the other parties to the agreement or
				contract, may modify any agreement or contract for a project to be carried out
				in the State of Colorado entered into before the date of enactment of this
				paragraph to provide for the maximum term described in subparagraph (A).
						(C)Cancellation
				liabilityFunding, for the purpose of potential cancellation
				liability in accordance with the Federal Acquisition Regulation Part 17.106–1,
				shall not be identified nor obligated, in accordance with that Part 17–106–1,
				at the time of award of a contract under subsection (a) for a project to be
				carried out in the State of Colorado, notwithstanding the requirements of Part
				17.104 of such
				Regulation.
						.
			205.Permanent
			 authority for Federal and State cooperative restoration and protection in
			 ColoradoSection 331 of the
			 Department of the Interior and Related Agencies Appropriations Act, 2001 (114
			 Stat. 996; 118 Stat. 3102), is amended by striking subsection (e).
			206.Preparation of
			 fire-danger mapsThe Secretary
			 of Agriculture, in cooperation with the Colorado State Forest Service and
			 utilizing to the maximum extent possible existing software, data,
			 private-sector geospatial information technology, and information from other
			 sources, shall prepare and make available to the public maps of forested lands
			 in Colorado identifying the relative degrees of susceptibility of such lands to
			 severe wildfires and the risks to communities and municipal water supplies from
			 such wildfires.
			207.Truck weights
			 on Colorado interstate highwaysSection 127(a)(6) of title 23, United States
			 Code, is amended by inserting before the period at the end the following:
			 , and the State of Colorado may allow, by special permit, the operation
			 of vehicles with a gross vehicle weight in excess of 80,000 pounds (up to such
			 State’s maximum gross weight limit) for the hauling of dead or diseased timber
			 and other forest materials removed from the forests in such State in order to
			 reduce fire hazards.


		I
		111th CONGRESS
		1st Session
		H. R. 1539
		IN THE HOUSE OF REPRESENTATIVES

			March 16, 2009
			Mr. Stupak introduced
			 the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To amend title 40, United States Code, to add certain
		  Armed Forces organizations that are exempt from taxation under section
		  501(c)(19) of the Internal Revenue Code of 1986 to the list of organizations
		  eligible for donations of personal property through State
		  agencies.

		1.Eligibility of certain Armed
			 Forces organizations for donations of personal property through State
			 agenciesSection 549(c)(3)(B)
			 of title 40, United States Code, is amended—
			(1)by striking
			 or at the end of clause (viii);
			(2)by
			 striking the period at the end of clause (ix) and inserting ;
			 or; and
			(3)by adding at the
			 end the following new clause:

					(x)An organization described in section
				501(c)(19) of the Internal Revenue Code of 1986 (relating to a post or
				organization of past or present members of the Armed Forces of the United
				States) and exempt from taxation under section 501(a) of such
				Code.
					.


116 HR 2026 IH: Safe Equitable Campus Resources and Education Act of 2019
U.S. House of Representatives
2019-04-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2026IN THE HOUSE OF REPRESENTATIVESApril 2, 2019Mrs. Dingell introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo address the needs of individuals with disabilities within the Jeanne Clery Disclosure of Campus
			 Security Policy and Campus Crime Statistics Act.

 1.Short titleThis Act may be cited as the Safe Equitable Campus Resources and Education Act of 2019. 2.Amendments to the Clery Act (a)In generalSection 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended—
 (1)in paragraph (1)— (A)in subparagraph (F)—
 (i)in clause (ii), by striking and after the semicolon; (ii)in clause (iii), by striking the period at the end and inserting ; and; and
 (iii)by inserting after clause (iii) the following:  (iv)of the sex offenses, domestic violence, dating violence, and stalking incidents required to be reported under this subsection, how many involved a victim who was an individual with a disability.; and
 (B)in subparagraph (J)— (i)in clause (ii), by striking and after the semicolon;
 (ii)by redesignating clause (iii) as clause (iv); and (iii)by inserting after clause (ii) the following:

 (iii)ensure that such emergency response and evacuation procedures take into account the needs of students and staff with disabilities; and;
 (2)by redesignating paragraphs (2) through (18) as paragraphs (3) through (19), respectively; (3)by inserting after paragraph (1) the following:

 (2)All reports, materials and information provided in accordance with this subsection shall be available in a timely manner in accessible formats for individuals with disabilities, including those individuals who are blind or deaf or have cognitive, intellectual, or communication disabilities.;
 (4)in paragraph (7)(A), as redesignated by paragraph (2)— (A)by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; and
 (B)by inserting after clause (ii) the following:  (iii)The term disability has the meaning given such term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102 ).; and
 (5)in paragraph (9), as redesignated by paragraph (2)— (A)in subparagraph (B)—
 (i)in clause (i)— (I)in subclause (I)—
 (aa)in item (ee), by striking and after the semicolon and inserting , including abusive behavior and attacks targeting individuals with disabilities; and; and (bb)in item (ff), by striking (vii); and and inserting (viii);
 (II)in subclause (II), by striking the period at the end and inserting a semicolon; and (III)by adding at the end the following:

 (III)an assurance that all prevention and awareness programs and materials are accessible to, and inclusive of the needs of, individuals with disabilities, including those who are deaf or blind or have cognitive, intellectual, or communication disabilities; and
 (IV)an assurance that campus security personnel and other individuals responsible for the provision of information or resources under this subsection receive training about working with individuals with disabilities.;
 (ii)in the matter preceding subclause (I) of clause (iii), by inserting and in such formats as are necessary to ensure their accessibility to individuals with disabilities, after writing;
 (iii)in clause (iv)— (I)in subclause (I)—
 (aa)in item (aa), by striking and after the semicolon; and (bb)by inserting after item (bb) the following:

 (cc)be conducted by officials who receive annual training on how to conduct an investigation and hearing process with an accuser or an accused who has a disability, including individuals who are blind or deaf or have cognitive, intellectual, or communication disabilities; and
 (dd)be accessible to individuals with disabilities, including individuals who are blind, deaf, or have cognitive, intellectual, or communication disabilities;;
 (II)in subclause (II)— (aa)by striking the accuser and inserting “with respect to such proceedings—

 (aa)the accuser; and (bb)by inserting after item (aa), as added by item (aa), the following:

 (bb)an accuser or an accused with a disability who discloses such disability is also entitled to be accompanied to any such meeting or proceeding by an interpreter, transliterator, or other individual providing communication assistance services, provided by the institution in accordance with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), to ensure the accuser or accused’s ability to fully participate; and
 (cc)the accuser and the accused are entitled to the same opportunities to request accommodations related to their disabilities; and; and
 (III)in subclause (III), in the matter preceding item (aa), by inserting and in such accessible format as is required in the case of an accuser or an accused individual with a disability following shall be simultaneously informed, in writing; and
 (iv)by adding after clause (vii) the following:  (viii)Information about the accommodations available to individuals with disabilities with respect to such programs and procedures, how individuals with disabilities may request such accommodations, and an assurance that such accommodations will be provided in a timely manner such that access to programs and the timing of procedures under this subparagraph shall not be substantially impeded.;
 (B)in subparagraph (C), by striking (vii) and inserting (viii); and (C)by inserting after subparagraph (C) the following:

 (D)All materials, websites, and other forms of communication associated with the policy described in subparagraph (A) shall be provided in accessible formats for individuals with disabilities, including those individuals who are deaf, blind, or have cognitive, intellectual, or communication disabilities. Provision of such accessible formats shall be timely and shall include procedures for addressing problems and failures of any accessibility technology involved..
 (b)Technical correctionSection 120(a)(2)(B)(i) of the Higher Education Act of 1965 (20 U.S.C. 1011i(a)(2)(B)(i)) is amended by striking 485(f)(6) and inserting 485(f)(7).


114 SRES 271 ATS: Recognizing the 100th anniversary of Dinosaur National Monument and designating October 4, 2015, as “Dinosaur National Monument Day”.
U.S. Senate
2015-09-28
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
		114th CONGRESS
		1st Session
		S. RES. 271
		IN THE SENATE OF THE UNITED STATES

			September 28, 2015
			Mr. Gardner (for himself and Mr. Bennet) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Recognizing the 100th anniversary of Dinosaur National Monument and designating October 4, 2015, as Dinosaur National Monument Day.

 Whereas in 1909, paleontologist Earl Douglass discovered the world-famous Carnegie Quarry, a remarkable window to the dinosaurs of the late Jurassic period;
 Whereas on October 4, 1915, President Woodrow Wilson established Dinosaur National Monument by Presidential Proclamation Number 1313 (39 Stat. 1752), which preserved the deposits of extraordinary dinosaur fossils;
 Whereas on July 14, 1938, President Franklin D. Roosevelt enlarged Dinosaur National Monument by Presidential Proclamation Number 2290 (53 Stat. 2454), to include the Green and Yampa River canyon country in order to protect additional land of historical and scientific interest;
 Whereas October 4, 2015, marks the 100th anniversary of the establishment of Dinosaur National Monument;
 Whereas Dinosaur National Monument is a State and national treasure that attracts hundreds of thousands of visitors each year and benefits national, State, and local economies by generating millions of dollars in revenue;
 Whereas Dinosaur National Monument has the most complete geological record of any unit of the National Park System;
 Whereas Dinosaur National Monument protects more than 210,000 acres of exceptionally diverse communities of plants and animals, including bears, mountain lions, bighorn sheep, moose, elk, otters, and beavers;
 Whereas Dinosaur National Monument contains the lower section of the Yampa River, and the confluence of the Yampa and Green Rivers within Dinosaur National Monument provides outstanding scientific opportunities to observe and study the effects of the Rivers;
 Whereas Dinosaur National Monument preserves and protects significant archaeological evidence of the prehistoric Fremont Indians, providing an excellent opportunity for research and education;
 Whereas the National Park Service will continue the long tradition of preserving and protecting Dinosaur National Monument for years to come, providing access to the wilderness and wildlife within Dinosaur National Monument for generations of Americans; and
 Whereas on October 4, 2015, the National Park Service intends to celebrate the start of the next century of stewardship for Dinosaur National Monument: Now, therefore, be it

 That the Senate— (1)congratulates and celebrates Dinosaur National Monument on the 100th anniversary of the establishment of the monument;
 (2)encourages all people of Colorado, Utah, and the United States to visit that unique national treasure; and
 (3)designates October 4, 2015, as Dinosaur National Monument Day.


114 HR 3633 IH: District of Columbia Government Shutdown Avoidance Act of 2015
U.S. House of Representatives
2015-09-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 3633
		IN THE HOUSE OF REPRESENTATIVES

			September 28, 2015
			Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform

		A BILL
		To amend the District of Columbia Home Rule Act to make local funds of the District of Columbia
			 available for use by the District during any portion of a fiscal year in
			 which no Federal law appropriating local funds for the fiscal year is in
			 effect, at the rates of operation provided under the local budget act for
			 the fiscal year, and for other purposes.

 1.Short titleThis Act may be cited as the District of Columbia Government Shutdown Avoidance Act of 2015. 2.Availability of District of Columbia local funds in absence of Federal law appropriating local funds (a)In GeneralSubpart 1 of part D of title IV of the District of Columbia Home Rule Act is amended by inserting after section 446B the following new section:

					446C.Availability of Local Funds In Absence of Federal Law (a)Availability of Local Funds at Rate Established by Local Law in Absence of Federal Law
 Appropriating Local FundsNotwithstanding any other provision of this Act, during any portion of a fiscal year in which neither the regular District of Columbia appropriation bill for the fiscal year nor a District of Columbia continuing resolution for the fiscal year is in effect, the District of Columbia may obligate and expend local funds for projects and activities in accordance with the local budget act for the fiscal year at the rate of operations provided under such local budget act.
 (b)Terms and ConditionsThe obligation and expenditure of local funds for a project or activity during a fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the obligation and expenditure of local funds for the project or activity during the preceding fiscal year, or the authority granted for such project or activity under the applicable law in effect at the time.
 (c)DefinitionsIn this section— (1)the term District of Columbia continuing resolution means, with respect to a fiscal year, any joint resolution making continuing appropriations for the fiscal year which includes continuing appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District;
 (2)the term local budget act means, with respect to a fiscal year, the act of the Council adopting the annual budget for the District of Columbia government for such fiscal year, as enacted pursuant to this Act; and
 (3)the term regular District of Columbia appropriation bill means, with respect to a fiscal year, an annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for the fiscal year for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District.
 (d)Effective dateThis section shall apply with respect to fiscal year 2017 and each succeeding fiscal year.. (b)Conforming AmendmentSection 446 of such Act (sec. 1–204.46, D.C. Official Code) is amended by inserting section 446C, after section 446B,.
 (c)Clerical AmendmentThe table of contents of subpart 1 of part D of title IV of the District of Columbia Home Rule Act is amended by inserting after the item relating to section 446B the following:

						446C. Availability of local funds in absence of Federal law..


115 HR 6345 RH: Ensuring Meaningful Petition Outreach While Enhancing Rights of States Act of 2018
U.S. House of Representatives
2018-07-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IB
		Union Calendar No. 818
		115th CONGRESS2d Session
		H. R. 6345
		[Report No. 115–1051]
		IN THE HOUSE OF REPRESENTATIVES

			July 12, 2018
			Mr. Pearce (for himself, Mr. Cramer, Mr. Gosar, Mr. Biggs, Mr. Schweikert, Mr. Mullin, Mr. Marshall, Mr. Luetkemeyer, Mr. Abraham, Mr. Bishop of Utah, Mr. Duncan of South Carolina, Mr. Gianforte, Mr. Meadows, Mr. Norman, Mr. Smith of Texas, Mr. Smith of Missouri, Mr. Banks of Indiana, Mr. Stewart, Mrs. Noem, Mr. Collins of Georgia, Mr. Newhouse, Mr. Gohmert, Mr. Estes of Kansas, and Mr. McClintock) introduced the following bill; which was referred to the Committee on Natural Resources

		November 27, 2018Additional sponsors: Mr. Buck, Mr. Perry, Mr. Rokita, Mr. Mooney of West Virginia, Mr. Guthrie, Mr. Thompson of Pennsylvania, Miss González-Colón of Puerto Rico, and Mr. Hunter
			November 27, 2018
			Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

		A BILL
		To provide for greater county and State consultation with regard to petitions under the Endangered
			 Species Act of 1973, and for other purposes.

 1.Short titleThis Act may be cited as the Ensuring Meaningful Petition Outreach While Enhancing Rights of States Act of 2018 or the EMPOWERS Act of 2018. 2.Greater county and State involvement (a)County and State consultation on petitionsSection 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by adding at the end the following:

					(E)Listing petition review requirements
 (i)Not later than 30 days before submitting to the Secretary a petition to list, delist, or reclassify a species that occurs in the United States, or to revise a designation of critical habitat of such a species, the petitioner shall provide to the chief executive of each county and State in which the species is located a notice of intent to submit such petition.
 (ii)The Secretary shall, upon finding that a petitioned action to list a species as a threatened species or endangered species may be warranted, solicit from the chief executive of each county and State in which the species is located—
 (I)information regarding threats to the species and efforts by the county or State, respectively, to protect the species;
 (II)information about the anticipated effects of the action requested in the petition in that county or State, respectively; and
 (III)the advice of the chief executive on whether the status of the species merits the action requested in the petition, including information in support of such advice.
 (iii)The Secretary may verify by field testing the information presented in a petition asserting that a species is a threatened species or endangered species.
 (iv)If a chief executive advises under clause (ii)(III) that the petitioned-for action is not warranted, the Secretary may not proceed with the action unless the Secretary demonstrates that information submitted in support of such advice by the chief executive is incorrect and that the action is warranted..
 (b)Regulations To implement determinationsSection 4(b)(5) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(5)) is amended to read as follows:

 (5)Notice requiredWith respect to any regulation proposed by the Secretary to implement a determination referred to in subsection (a)(1), the Secretary shall—
 (A)not less than 90 days before the effective date of the regulation— (i)publish a general notice and the complete text of the proposed regulation in the Federal Register;
 (ii)provide notice of the proposed regulation (including the complete text of the regulation) to the chief executive of county and State in which the species is located, and invite such chief executive to submit to the Secretary a determination as to whether the proposed regulation is warranted; and
 (iii)if the chief executive notifies the Secretary that the proposed regulation is not warranted, provide to the chief executive a record of decision for such determination, including information made available to the Secretary that did not support the determination and in writing the reasons for the determination;
 (B)in cooperation with the Secretary of State, provide notice of the proposed regulation to each foreign nation in which the species is located or whose citizens harvest the species on the high seas, and invite the comment of such nation thereon;
 (C)provide notice of the proposed regulation to— (i)each person who requests such notice;
 (ii)each person who has submitted additional data on the proposed regulation; (iii)each county, State, and local government within the jurisdiction of which the species is located or that is likely to experience any effects of any measures to protect the species under this Act; and
 (iv)such professional scientific organizations as the Secretary considers appropriate; (D)publish a summary of the proposed regulation on the internet; and
 (E)promptly hold one public hearing on the proposed regulation if any person files a request for such a hearing within 45 days after the date of publication of general notice..
 (c)Consultation on final determinationSection 4(i) of the Endangered Species Act of 1973 (16 U.S.C. 1533(i)) is amended to read as follows:

 (i)Written justificationIf the Secretary adopts a final regulation in conflict with advise submitted by the chief executive of a county or State or fails to adopt a regulation pursuant to an action petitioned for by such a chief executive under subsection (b)(3), the Secretary shall submit to the chief executive—
 (1)a separate written justification explaining the failure of the Secretary to adopt regulations consistent with the advise or petition of the chief executive;
 (2)any determination referred to in subsection (a)(1) relating to the regulation; and (3)all comments received by the Secretary that disagreed with all or part of the regulation..
 (d)FACASection 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following:

 (9)FACAConsultation with counties and States regarding petitions and proposed regulations under this subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.)..

		November 27, 2018
		Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


115 HR 6965 IH: Mancos Water Conservancy District Conveyance Act
U.S. House of Representatives
2018-09-28
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 CONGRESS2d SessionH. R. 6965IN THE HOUSE OF REPRESENTATIVESSeptember 28, 2018Mr. Tipton introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo direct the Secretary of the Interior to convey the Mancos Project features to the Mancos Water
			 Conservancy District in the State of Colorado.

 1.Short titleThis Act may be cited as the Mancos Water Conservancy District Conveyance Act. 2.DefinitionsIn this Act:
			(1)Contract
 (A)In generalThe term Contract means the contract providing for the repayment of construction and operation and maintenance costs of the Mancos Project entered into by the United States and the District numbered I1r–1384 and dated July 20, 1942.
 (B)InclusionsThe term Contract includes any amendment or supplement to the contract described in subparagraph (A). (2)DistrictThe term District means the Mancos Water Conservancy District, established on January 6, 1941, under the Water Conservancy Act (Colo. Rev. Stat. 37–45–101 et seq.).
 (3)Mancos ProjectThe term Mancos Project means the project of the Bureau of Reclamation— (A)located in the State; and
 (B)authorized by the Act of August 11, 1939 (commonly known as the Water Conservation and Utilization Act) (16 U.S.C. 590y et seq.). (4)Mancos Project feature (A)In generalThe term Mancos Project feature means the inlet canal, outlet canal, structures, facilities, land, easements, rights-of-way, buildings, and water rights associated with the Mancos Project.
 (B)InclusionThe term Mancos Project feature includes the Jackson Gulch Reservoir. (C)ExclusionsThe term Mancos Project feature does not include—
 (i)the Jackson Gulch Dam; or (ii)any structure, facility, or other improvement associated with the Mancos Project paid for by the State.
 (5)SecretaryThe term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. (6)StateThe term State means the State of Colorado.
 (7)Transfer AgreementThe term Transfer Agreement means the agreement between the United States and the District establishing the terms and conditions of the conveyance of the Mancos Project features from the United States to the District.
			3.Mancos Project features conveyance, Colorado
			(a)Conveyance of Mancos Project features and easement
 (1)Finding relating to contract repaymentCongress finds that the District has completed the obligation of the District under the Contract to repay the capital costs of the Mancos Project.
				(2)Conveyances
					(A)Mancos project features
 (i)In generalAs soon as practicable after the date of enactment of this Act, in accordance with applicable law (including regulations), the Secretary shall convey to the District all right, title, and interest of the United States in and to the Mancos Project features, in accordance with the terms and conditions established in the Transfer Agreement.
 (ii)No additional consideration requiredThe District shall not be required to provide to the Secretary additional consideration for the conveyance of the Mancos Project features under clause (i).
						(B)Easement
 (i)In generalThe Secretary shall convey to the State an easement for access to the Mancos Project features that make up Mancos State Park for the benefit of the public for recreation and related management uses.
 (ii)No consideration requiredThe State shall not be required to provide consideration to the Secretary for the conveyance of the easement under clause (i).
 (iii)EffectNothing in this subparagraph— (I)affects the jurisdiction of the State with respect to the management and maintenance of Mancos State Park; or
 (II)authorizes the District to manage or maintain Mancos State Park. (iv)Termination (I)NoticeIf the State permanently closes Mancos State Park, the State shall terminate the easement conveyed under clause (i) by written notice to the Secretary and the District.
 (II)EffectOn the termination of the easement under subclause (I), all affixed structures, facilities, or other improvements paid for by the State within Mancos State Park shall become the property of the District at no cost to the District.
							(3)Compliance with environmental laws
 (A)In generalBefore completing any conveyance under paragraph (2)(A)(i), the Secretary shall carry out all actions required under—
 (i)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (ii)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
 (iii)any other law applicable to the property conveyed. (B)EffectNothing in this Act modifies or alters any obligation of the United States under—
 (i)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (ii)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
						(4)Jackson Gulch Dam
 (A)PossessionThe United States shall retain possession of the Jackson Gulch Dam. (B)No effect on transferred works agreementThe District shall continue in effect the operations and maintenance of the Jackson Gulch Dam and associated outlet works in accordance with—
 (i)article 11 of the Contract; and (ii)the transferred works agreement dated December 12, 1962.
						(b)Limitation
 (1)In generalNotwithstanding any provision of the Contract or any other provision of law (including any law described in paragraph (2)), effective beginning on the date of the conveyance under subsection (a)(2)(A)(i), the Secretary may not assess any additional fee or charge or incur any additional costs relating to any outlet works that is a Mancos Project feature (based on the historical use of the applicable outlet works).
 (2)Description of lawsThe laws referred to in paragraph (1) are— (A)section 9 of the Act of August 11, 1939 (commonly known as the Water Conservation and Utilization Act) (16 U.S.C. 590z–7);
 (B)the Mancos Project Private Power Development Authorization Act of 1994 (Public Law 103–434; 108 Stat. 4549);
 (C)Public Law 106–549 (114 Stat. 2743); and (D)section 9105 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1303).
 (3)Valid existing rightsThe conveyance under subsection (a)(2)(A)(i) shall be subject to all valid existing leases, permits, rights-of-way, easements, and other rights appurtenant to the Mancos Project features.
 (c)No liabilityExcept as otherwise provided by law, effective on the date of conveyance to the District of the Mancos Project features under subsection (a)(2)(A)(i), the United States shall not be liable for any damages arising out of any act, omission, or occurrence based on any prior ownership or operation by the United States of any Mancos Project feature.
			(d)Reports
 (1)Initial report on conveyance delayIf the Secretary is unable to convey to the District the Mancos Project features under subsection (a)(2)(A)(i) by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, by not later than 30 days after that date, a report that describes—
 (A)the reasons for the delay; and (B)a schedule for completing the conveyance as soon as practicable.
 (2)Subsequent annual reportsNot less frequently than once each year during the period beginning on the date of submission of the report under paragraph (1), if applicable, and ending on the date on which the Mancos Project features are conveyed in accordance with this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives reports that provides the information described in subparagraphs (A) and (B) of paragraph (1).
 (e)EffectNothing in this Act, or any action carried out by the Secretary pursuant to this Act affects, impacts, or establishes any additional burden or obligation on the District in the exercise of any right of the District relating to—
 (1)water; (2)real property; or
 (3)the use of any Mancos Project feature.


		V
		112th CONGRESS
		1st Session
		H. R. 392
		IN THE HOUSE OF REPRESENTATIVES

			January 20, 2011
			Ms. Lee of California
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		For the relief of Geert Botzen.

		1.Permanent resident status for
			 Geert Botzen
			(a)In
			 generalNotwithstanding subsections (a) and (b) of section 201 of
			 the Immigration and Nationality Act, Geert Botzen shall be eligible for
			 issuance of an immigrant visa or for adjustment of status to that of an alien
			 lawfully admitted for permanent residence upon filing an application for
			 issuance of an immigrant visa under section 204 of such Act or for adjustment
			 of status to lawful permanent resident.
			(b)Adjustment of
			 statusIf Geert Botzen enters the United States before the filing
			 deadline specified in subsection (c), and is not inadmissible under paragraph
			 (2) or (3) of section 212(a) of the Immigration and Nationality Act, he shall
			 be considered to have entered and remained lawfully and shall be eligible for
			 adjustment of status under section 245 of the Immigration and Nationality Act
			 as of the date of the enactment of this Act.
			(c)Deadline for
			 application and payment of feesSubsections (a) and (b) shall
			 apply only if the application for issuance of an immigrant visa or the
			 application for adjustment of status is filed with appropriate fees within 2
			 years after the date of the enactment of this Act.
			(d)Reduction of
			 immigrant visa numberUpon the granting of an immigrant visa or
			 permanent residence to Geert Botzen, the Secretary of State shall instruct the
			 proper officer to reduce by 1, during the current or next following fiscal
			 year, the total number of immigrant visas that are made available to natives of
			 the country of the alien’s birth under section 203(a) of the Immigration and
			 Nationality Act or, if applicable, the total number of immigrant visas that are
			 made available to natives of the country of the alien’s birth under section
			 202(e) of such Act.


		II
		110th CONGRESS
		1st Session
		S. 706
		IN THE SENATE OF THE UNITED
		  STATES

			February 28, 2007
			Mr. Feingold introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend title XVIII of the Social Security
		  Act to repeal the MA Regional Plan Stabilization Fund.

		1.Repeal of MA Regional Plan Stabilization
			 Fund
			(a)Purpose of sectionThe purpose of this section is to reduce
			 the Federal budget deficit and to more efficiently use taxpayer dollars in
			 health care spending.
			(b)Repeal of MA Regional Plan Stabilization
			 Fund
				(1)In generalSubsection (e) of section 1858 of the
			 Social Security Act (42 U.S.C. 1395w–27a) is repealed.
				(2)Conforming amendmentSection 1858(f)(1) of the Social Security
			 Act (42 U.S.C. 1395w–27a(f)(1)) is amended by striking subject to
			 subsection (e),.
				(c)Effective
			 dateThe amendments made by
			 subsection (b) shall take effect on the date of enactment of this Act.


115 S3205 IS: Know Before You Owe Private Education Loan Act of 2018
U.S. Senate
2018-07-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS2d SessionS. 3205IN THE SENATE OF THE UNITED STATESJuly 12, 2018Mr. Durbin (for himself, Ms. Smith, Mr. Reed, Ms. Baldwin, Mr. Brown, and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Truth in Lending Act and the Higher Education Act of 1965 to require certain creditors
			 to obtain certifications from institutions of higher education, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Know Before You Owe Private Education Loan Act of 2018.
		2.Amendments to the
			 Truth in Lending Act
			(a)In
 generalSection 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended—
 (1)by striking paragraph (3) and inserting the following:

						(3)Institutional
				certification required
							(A)In
 generalExcept as provided in subparagraph (B), before a creditor may issue any funds with respect to an extension of credit described in this subsection, the creditor shall obtain from the relevant institution of higher education where such loan is to be used for a student, such institution's certification of—
 (i)the enrollment status of the student;
 (ii)the student's cost of attendance at the institution as determined by the institution under part F of title IV of the Higher Education Act of 1965; and
 (iii)the difference between—
 (I)such cost of attendance; and
 (II)the student's estimated financial assistance, including such assistance received under title IV of the Higher Education Act of 1965 and other financial assistance known to the institution, as applicable.
 (B)ExceptionNotwithstanding subparagraph (A), a creditor may issue funds with respect to an extension of credit described in this subsection without obtaining from the relevant institution of higher education such institution’s certification if such institution fails to provide within 15 business days of the creditor’s request for such certification—
 (i)the requested certification; or
 (ii)notification that the institution has received the request for certification and will need additional time to comply with the certification request.
								(C)Loans disbursed
 without certificationIf a creditor issues funds without obtaining a certification, as described in subparagraph (B), such creditor shall report the issuance of such funds in a manner determined by the Director of the Consumer Financial Protection Bureau.;
 (2)by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and
 (3)by inserting after paragraph (8) the following:

						(9)Provision of
				information
							(A)Provision of
				information to students
								(i)Loan
 statementA creditor that issues any funds with respect to an extension of credit described in this subsection shall send loan statements, where such loan is to be used for a student, to borrowers of such funds not less than once every 3 months during the time that such student is enrolled at an institution of higher education.
								(ii)Contents of
 loan statementEach statement described in clause (i) shall—
 (I)report the borrower's total remaining debt to the creditor, including accrued but unpaid interest and capitalized interest;
 (II)report any debt increases since the last statement; and
 (III)list the current interest rate for each loan.
									(B)Notification of
 loans disbursed without certificationOn or before the date a creditor issues any funds with respect to an extension of credit described in this subsection, the creditor shall notify the relevant institution of higher education, in writing, of the amount of the extension of credit and the student on whose behalf credit is extended. The form of such written notification shall be subject to the regulations of the Bureau.
							(C)Annual
 reportA creditor that issues funds with respect to an extension of credit described in this subsection shall prepare and submit an annual report to the Bureau containing the required information about private student loans to be determined by the Bureau, in consultation with the Secretary of Education..
				(b)Definition of
 Private Education LoanSection 140(a)(8)(A) of the Truth in Lending Act (15 U.S.C. 1650(a)(8)(A)) is amended—
 (1)by redesignating clause (ii) as clause (iii);
 (2)in clause (i), by striking and after the semicolon; and
 (3)by adding after clause (i) the following:

 (ii)is not made, insured, or guaranteed under title VII or title VIII of the Public Health Service Act (42 U.S.C. 292 et seq. and 296 et seq.); and.
 (c)RegulationsNot later than 365 days after the date of enactment of this Act, the Consumer Financial Protection Bureau shall issue regulations in final form to implement paragraphs (3) and (9) of section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)), as amended by subsection (a). Such regulations shall become effective not later than 6 months after their date of issuance.
			3.Amendment to the
			 Higher Education Act of 1965
			(a)Amendment to the
 Higher Education Act of 1965Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by striking paragraph (28) and inserting the following:

 (28)(A)The institution shall— (i)upon the request of a private educational lender, acting in connection with an application initiated by a borrower for a private education loan in accordance with section 128(e)(3) of the Truth in Lending Act, provide certification to such private educational lender—
 (I)that the student who initiated the application for the private education loan, or on whose behalf the application was initiated, is enrolled or is scheduled to enroll at the institution;
 (II)of such student's cost of attendance at the institution as determined under part F of this title; and
 (III)of the difference between—
 (aa)the cost of attendance at the institution; and
 (bb)the student's estimated financial assistance received under this title and other assistance known to the institution, as applicable; and
 (ii)provide the certification described in clause (i), or notify the creditor that the institution has received the request for certification and will need additional time to comply with the certification request—
 (I)within 15 business days of receipt of such certification request; and
 (II)only after the institution has completed the activities described in subparagraph (B).
 (B)The institution shall, upon receipt of a certification request described in subparagraph (A)(i), and prior to providing such certification—
 (i)determine whether the student who initiated the application for the private education loan, or on whose behalf the application was initiated, has applied for and exhausted the Federal financial assistance available to such student under this title and inform the student accordingly; and
 (ii)provide the borrower whose loan application has prompted the certification request by a private education lender, as described in subparagraph (A)(i), with the following information and disclosures:
 (I)The amount of additional Federal student assistance for which the borrower is eligible and the advantages of Federal loans under this title, including disclosure of the fixed interest rates, deferments, flexible repayment options, loan forgiveness programs, and additional protections, and the higher student loan limits for dependent students whose parents are not eligible for a Federal Direct PLUS Loan.
 (II)The borrower's ability to select a private educational lender of the borrower's choice.
 (III)The impact of a proposed private education loan on the borrower's potential eligibility for other financial assistance, including Federal financial assistance under this title.
 (IV)The borrower’s right to accept or reject a private education loan within the 30-day period following a private educational lender’s approval of a borrower’s application and about a borrower’s 3-day right to cancel period.
 (C)For purposes of this paragraph, the terms private educational lender and ‘private education loan’ have the meanings given such terms in section 140 of the Truth in Lending Act (15 U.S.C. 1650)..
			(b)Effective
 dateThe amendment made by subsection (a) shall take effect on the effective date of the regulations described in section 2(c).
 4.ReportNot later than 24 months after the issuance of regulations under section 2(c), the Director of the Consumer Financial Protection Bureau and the Secretary of Education shall jointly submit to Congress a report on the compliance of institutions of higher education and private educational lenders with section 128(e)(3) of the Truth in Lending Act (15 U.S.C. 1638(e)), as amended by section 2, and section 487(a)(28) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)), as amended by section 3. Such report shall include information about the degree to which specific institutions utilize certifications in effectively encouraging the exhaustion of Federal student loan eligibility and lowering student private education loan debt.


		I
		111th CONGRESS
		2d Session
		S. 2902
		IN THE HOUSE OF
		  REPRESENTATIVES

			December 14, 2010
			Referred to the Committee on Oversight and Government
			 Reform

		AN ACT
		To improve the Federal Acquisition
		  Institute.

		1.Short titleThis Act may be cited as the
			 Federal Acquisition Institute Act of
			 2010.
		2.Acquisition workforce improvements
			(a)Workforce improvements
				(1)In generalSection 855 of the National Defense
			 Authorization Act for Fiscal Year 2008 (41 U.S.C. 433a) is transferred so as to
			 appear after section 37 of the Office of Federal Procurement Policy Act (41
			 U.S.C. 433), redesignated as section 37A of the Office of Federal Procurement
			 Policy Act, and amended—
					(A)in subsection (a)—
						(i)by inserting after the first sentence the
			 following: The Associate Administrator shall be chosen on the basis of
			 demonstrated knowledge and expertise in acquisition, human capital, and
			 management.;
						(ii)by striking The Associate
			 Administrator for Acquisition Workforce Programs shall be located in the
			 Federal Acquisition Institute (or its successor). and inserting
			 The Associate Administrator shall be located in the Office of Federal
			 Procurement Policy.;
						(iii)by redesignating paragraph (5) as
			 subparagraph (6);
						(iv)in paragraph (4), by striking ;
			 and and inserting a semicolon; and
						(v)by inserting after paragraph (4) the
			 following new paragraph:

								(5)implementing workforce programs under
				subsections (f) through (i) of section 37;
				and
								;
				and
						(B)by striking subsection (h) and inserting
			 the following new subsections:

							(h)Federal acquisition Institute
								(1)In generalThere is established a Federal Acquisition
				Institute (FAI) in order to—
									(A)foster and promote the development of a
				professional acquisition workforce Government-wide;
									(B)promote and coordinate Government-wide
				research and studies to improve the procurement process and the laws, policies,
				methods, regulations, procedures, and forms relating to acquisition by the
				executive agencies;
									(C)collect data and analyze acquisition
				workforce data from the Office of Personnel Management, the heads of executive
				agencies, and, through periodic surveys, from individual employees;
									(D)periodically analyze acquisition career
				fields to identify critical competencies, duties, tasks, and related academic
				prerequisites, skills, and knowledge;
									(E)coordinate and assist agencies in
				identifying and recruiting highly qualified candidates for acquisition
				fields;
									(F)develop instructional materials for
				acquisition personnel in coordination with private and public acquisition
				colleges and training facilities;
									(G)evaluate the effectiveness of training and
				career development programs for acquisition personnel;
									(H)promote the establishment and utilization
				of academic programs by colleges and universities in acquisition fields;
									(I)facilitate, to the extent requested by
				agencies, interagency intern and training programs; and
									(J)perform other career management or research
				functions as directed by the Administrator.
									(2)Budget resources and authority
									(A)In generalThe Director of the Office of Management
				and Budget and the Administrator of General Services shall provide the Federal
				Acquisition Institute with the necessary budget resources and authority to
				support government-wide training standards and certification requirements
				necessary to enhance the mobility and career opportunities of the Federal
				acquisition workforce.
									(B)Acquisition workforce training
				fundSubject to the
				availability of funds, the Administer of General Services shall provide the
				Federal Acquisition Institute with amounts from the acquisition workforce
				training fund established under section 37(h)(3) sufficient to meet the annual
				budget for the Federal Acquisition Institute requested by the Administrator for
				Federal Procurement Policy.
									(3)Federal Acquisition Institute Board of
				Directors
									(A)Reporting to AdministratorThe Federal Acquisition Institute shall
				report through its Board of Directors directly to the Administrator for Federal
				Procurement Policy.
									(B)CompositionThe Board shall be composed of not more
				than 8 individuals from the Federal Government representing a mix of
				acquisition functional areas, all of whom shall be appointed by the
				Administrator.
									(C)DutiesThe Board shall provide general direction
				to the Federal Acquisition Institute to ensure that the Institute—
										(i)meets its statutory requirements;
										(ii)meets the needs of the Federal acquisition
				workforce;
										(iii)implements appropriate programs;
										(iv)coordinates with appropriate organizations
				and groups that have an impact on the Federal acquisition workforce;
										(v)develops and implements plans to meet
				future challenges of the Federal acquisition workforce; and
										(vi)works closely with the Defense Acquisition
				University.
										(D)RecommendationsThe Board shall make recommendations to the
				Administrator regarding the development and execution of the annual budget of
				the Federal Acquisition Institute.
									(4)DirectorThe Director of the Federal Acquisition
				Institute shall be appointed by, and report directly to, the
				Administrator.
								(i)Government-wide training standards and
				certificationThe
				Administrator for Federal Procurement Policy, acting through the Federal
				Acquisition Institute, shall provide and update government-wide training
				standards and certification requirements, including—
								(1)developing and modifying acquisition
				certification programs;
								(2)ensuring quality assurance for agency
				implementation of government-wide training and certification standards;
								(3)analyzing the acquisition training
				curriculum to ascertain if all certification competencies are covered or if
				adjustments are necessary;
								(4)developing career path information for
				certified professionals to encourage retention in government positions;
								(5)coordinating with the Office of Personnel
				Management for human capital efforts; and
								(6)managing rotation assignments to support
				opportunities to apply skills included in certification.
								(j)Acquisition internship and training
				programsAll Federal civilian
				agency acquisition internship or acquisition training programs shall follow
				guidelines provided by the Office of Federal Procurement Policy to ensure
				consistent training standards necessary to develop uniform core competencies
				throughout the Federal Government.
							(k)Annual reportThe Administrator shall submit to the
				Committee on Homeland Security and Governmental Affairs and the Committee on
				Appropriations of the Senate and the Committee on Oversight and Government
				Reform and the Committee on Appropriations of the House of Representatives an
				annual report on the projected budget needs and expense plans of the FAI to
				fulfill its mandate.
							(l)Chief Acquisition Officer
				definedIn this section, the
				term Chief Acquisition Officer means a Chief Acquisition Officer
				for an executive agency appointed pursuant to section
				16.
							.
					(2)Expanded scope of acquisition workforce
			 training fundSection
			 37(h)(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 433(h)(3))
			 is amended—
					(A)in subparagraph (A), by striking to
			 support the training of the acquisition workforce of the executive
			 agencies and inserting to support the activities set forth in
			 section 37A(h)(1); and
					(B)in subparagraph (E), by striking
			 ensure that funds collected for training under this section are not used
			 for any purpose other than the purpose specified in subparagraph (A)
			 and inserting ensure that funds collected under this section are not
			 used for any purpose other than the activities set forth in section
			 37A(h)(1).
					(b)Conforming amendmentSection 6(d)(5) of the Office of Federal
			 Procurement Policy Act (41 U.S.C. 405(d)(5)) is amended to read as
			 follows:

					(5)providing for and directing the activities
				of the Federal Acquisition Institute established under section 37A, including
				recommending to the Administrator of General Services a sufficient budget for
				such
				activities;
					.
			(c)Rule of constructionNothing in this section, or the amendments
			 made by this section, shall be construed to preclude the Secretary of Defense
			 from establishing acquisition workforce policies, procedures, training
			 standards, and certification requirements for acquisition positions in the
			 Department of Defense, as provided in chapter 87 of title 10, United States
			 Code.

			Passed the Senate
			 December 13, 2010.
			Nancy Erickson,
			Secretary