115 S2722 IS: Environmental Justice Right to Know Act of 2018
U.S. Senate
2018-04-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS2d SessionS. 2722IN THE SENATE OF THE UNITED STATESApril 19, 2018Ms. Harris introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo establish environmental justice as a consideration in the regulation of pesticides, and for
			 other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Environmental Justice Right to Know Act of 2018.
 (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents. TITLE I—Pesticides and Other Chemical Substances Sec. 101. Pesticides. Sec. 102. Inclusion of certain chemicals in Safer Choice program. TITLE II—Health and Safety in the Workplace  Sec. 201. Definitions. Sec. 202. Occupational safety and health standard for nail and hair salons. Sec. 203. NIOSH study on ventilation in hair and nail salons. Sec. 204. Healthy nail salon recognition programs. Sec. 205. Impact of toxic cosmetics on women. Sec. 206. Susan Harwood training grants.  IPesticides and Other Chemical Substances 101.Pesticides (a)Environmental justice considerationsSection 25 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w) is amended by adding at the end the following:

						(f)Environmental justice considerations
 (1)Definition of environmental justiceIn this subsection, the term environmental justice means the fair treatment and meaningful involvement of all affected individuals, regardless of race, color, national origin, income, gender, citizenship status, language, or literacy, with respect to the development, implementation, and enforcement of an environmental law, regulation, or policy.
 (2)RequirementNotwithstanding any other provision of law (including regulations), in developing any policy, procedure, or guidance or promulgating any regulation pursuant to this Act, the Administrator shall, to the maximum extent practicable—
 (A)solicit, and take into consideration, comments from— (i)interested Federal and State agencies; and
 (ii)the public; (B)seek to achieve environmental justice; and
 (C)ensure transparency with respect to information regarding the ingredients of pesticides.. (b)Training and labeling requirements (1)In generalSection 30 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–5) is amended—
 (A)in the third sentence— (i)by striking this section and inserting this subsection; and
 (ii)by striking The authority and inserting the following:  (3)Limitation on authority of AdministratorThe authority;
 (B)in the second sentence, by striking Such training and inserting the following:  (2)InclusionsSubject to subsection (b), the training described in paragraph (1); and
 (C)by striking the section designation and heading and all that follows through Each State in the first sentence and inserting the following:  30.Training and labeling requirements (a)Training (1)State requirements for maintenance applicators and service techniciansEach State; and
 (D)by adding at the end the following:  (b)Labeling (1)In generalNotwithstanding any other provision of law (including regulations), the Administrator shall require that each label borne by a pesticide includes a translation of essential safety and environmental information, as determined by the Administrator subject to paragraph (2), into—
 (A)Spanish; and (B)such other appropriate languages as the Administrator may require, on receipt of a recommendation from a unit of State or local government within the boundaries of which the pesticide is sold, transported, or used.
 (2)InclusionsThe information required to be translated under paragraph (1) shall include, as applicable— (A)warnings and precautionary statements;
 (B)information relating to—
 (i)exposure symptoms; (ii)toxicity levels;
 (iii)appropriate first aid measures; (iv)personal protective equipment; and
 (v)restricted entry intervals; (C)general safe handling and usage directions;
 (D)storage and disposal instructions; and (E)other appropriate directions to prevent environmental contamination..
						(2)Conforming amendments
 (A)In generalSection 3(c)(1)(C) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(1)(C)) is amended by inserting (including a translation into Spanish and any other appropriate language of certain information, in accordance with section 30(b)) before the semicolon at the end.
 (B)Unlawful actsSection 12(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136j(a)(2)) is amended—
 (i)in subparagraph (R), by striking or at the end; (ii)in subparagraph (S), by striking the period at the end and inserting ; or; and
 (iii)by adding at the end the following:  (T)to violate section 30(b).
									.
							102.Inclusion of certain chemicals in Safer Choice program
 (a)In generalNotwithstanding any other provision of law (including regulations), not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall—
 (1)include on the Safer Chemical Ingredients List published under the Safer Choice program of the Environmental Protection Agency Safer Choice alternatives for each chemical substance described in subsection (b) as functionally used in nail salon products, hair salon products, and other cosmetics;
 (2)modify the Safer Choice and Design for the Environment labels under the Safer Choice program, as applicable, in accordance with paragraph (1) for the purpose of supporting healthier nail salons and nail salon products; and
 (3)provide to manufacturers and researchers appropriate incentives to develop safer, affordable nail salon products, including disinfectants.
 (b)Description of chemical substancesThe chemical substances referred to in subsection (a)(1) are each of the following: (1)Toluene.
 (2)Formaldehyde. (3)Triphenyl phosphate.
 (4)Dibutyl phthalate. (5)Methacrylates.
					IIHealth and Safety in the Workplace
 201.DefinitionsIn this title: (1)CosmeticThe term cosmetic has the meaning given such term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
 (2)Safety data sheetThe term safety data sheet means the safety data sheets required under section 1910.1200 of title 29, Code of Federal Regulations, or a successor regulation.
 (3)SecretaryThe term Secretary means the Secretary of Labor. 202.Occupational safety and health standard for nail and hair salons (a)In generalNot later than 1 year after the date of enactment of this Act, the Secretary shall promulgate under section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) an occupational safety and health standard to improve ventilation in nail and hair salons.
				(b)Safety data sheets
 (1)StandardThe standard described in subsection (a) shall— (A)require that safety data sheets of any cosmetic used by nail, hair, barber, and other beauty professionals be available on the website of the manufacturer of the cosmetic and ensure that such safety data sheets are easily accessed via the name of the specific product line;
 (B)require that all such safety data sheets available on such websites be translated into languages spoken by a significant number of professionals, including Spanish, Vietnamese, Korean, Chinese, and Nepali; and
 (C)require manufacturers of all cosmetics to create and provide, for use on small secondary containers, small labels with the name of the product and its ingredients as listed on the safety data sheet.
 (2)Quick CardThe Secretary shall translate its Quick Card publication regarding requirements for safety data sheets into Vietnamese, Korean, Chinese, and Nepali.
 203.NIOSH study on ventilation in hair and nail salonsNot later than 1 year after the date of enactment of this Act, the National Institute for Occupational Safety and Health shall conduct research on ventilation in nail and hair salons and report to Congress on each of the following:
 (1)The level of ventilation necessary for health protective ambient air and breathing zone air quality for workers in nail and hair salons.
 (2)Various ventilation methods and technologies to improve air quality in such salons, such as source capture systems, ceiling vents, and hand tools to vacuum dust during artificial nail application.
 (3)Recommendations as to the relative effectiveness and practicality of various ventilation technologies and methods.
 (4)Practical how to information and advice for implementing effective ventilation, such as approximate costs of structural changes or equipment and how to negotiate with a landlord to make such structural changes.
				204.Healthy nail salon recognition programs
 (a)In generalThe Secretary may establish a program for States to apply for grants to—
 (1)develop guidelines and criteria for State healthy nail salon recognition programs; and (2)conduct outreach to local agencies to implement those programs.
 (b)CriteriaThe Secretary may establish minimum protective criteria that a State healthy nail salon recognition program shall meet in order for the State to receive a grant under subsection (a). Such criteria may include—
 (1)prohibiting nail salons from using toluene, dibutyl phthalate, formaldehyde, and methyl ethyl ketone;
 (2)requiring nail salons to use source capture systems of ventilation at all stations when any artificial nail service is provided; and
 (3)requiring nail salons to mandate participation of employers and employees in training on best practices for a less toxic workplace.
					(c)OSHA training materials
 (1)In generalNot later than 1 year after the date of enactment of this Act, the Secretary, in consultation with stakeholders implementing State healthy nail salon recognition programs on such date of enactment, shall develop—
 (A)online training materials for employers and employees of nail salons, the content of which shall be similar to training materials used by such programs on such date of enactment; and
 (B)certificates or window decals containing the Occupational Safety and Health Administration logo, which States receiving a grant under subsection (a) may provide to employers and employees that complete training pertaining to safe ventilation in nail salons as proof of completing such training.
 (d)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this section. 205.Impact of toxic cosmetics on womenNot later than 2 years after the date of enactment of this Act—
 (1)the Director of the National Institute of Environmental Health Sciences of the National Institutes of Health shall submit a report, to the Director of the Office of Minority Health and Congress, on the long-term negative health effects of endocrine disrupting chemicals, carcinogens, neurotoxicants, and asthmagens in cosmetics on the health of women of color and women in other communities that are highly impacted by such long-term negative health effects; and
 (2)the Director of the Office of Minority Health shall submit a report to Congress, based on the report under paragraph (1), on policy recommendations, including actions that Federal agencies may take, to reduce or eliminate exposure of the women described in such paragraph to endocrine disrupting chemicals, carcinogens, neurotoxicants, and asthmagens in cosmetics.
 206.Susan Harwood training grantsThe Secretary shall, in awarding Susan Harwood training grants under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), assure that hazards facing nail and hair salon workers are included as a targeted topic for training in any announcement for such grants issued after the date of enactment of this Act.


		I
		112th CONGRESS
		1st Session
		H. R. 3236
		IN THE HOUSE OF REPRESENTATIVES

			October 14, 2011
			Mr. Walz of Minnesota
			 (for himself and Mr. Fortenberry)
			 introduced the following bill; which was referred to the
			 Committee on Agriculture,
			 and in addition to the Committee on the Budget, 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 expand and improve opportunities for beginning farmers
		  and ranchers, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Beginning Farmer and Rancher
			 Opportunity Act of 2011.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					TITLE I—Conservation
					Subtitle A—Conservation reserve program
					Sec. 101. Extension of conservation reserve
				program.
					Sec. 102. Contracts.
					Subtitle B—Farmland protection program
					Sec. 111. Farmland protection program.
					Subtitle C—Environmental quality incentives
				program
					Sec. 121. Establishment and administration of environmental
				quality incentives program.
					Sec. 122. Conservation innovation grants and
				payments.
					Subtitle D—Funding and administration
					Sec. 131. Funding of conservation programs under Food Security
				Act of 1985.
					Sec. 132. Assistance to certain farmers or ranchers for
				conservation access.
					Sec. 133. Comprehensive conservation planning.
					TITLE II—Credit
					Subtitle A—Farm ownership loans
					Sec. 201. Direct farm ownership experience
				requirement.
					Sec. 202. Conservation loan and loan guarantee
				program.
					Sec. 203. Loan terms for down payment loan program.
					Sec. 204. Definition of qualified beginning farmer or
				rancher.
					Subtitle B—Operating loans
					Sec. 211. Young beginning farmer or rancher
				microloans.
					Subtitle C—Administrative provisions
					Sec. 221. Beginning farmer and rancher individual development
				accounts pilot program.
					Sec. 222. Transition to private commercial or other sources of
				credit.
					Sec. 223. Loan authorization levels.
					Sec. 224. Direct loans for beginning farmers and
				ranchers.
					Sec. 225. Borrower training.
					TITLE III—Rural development
					Sec. 301. Value-added producer grants.
					Sec. 302. Use of loans and grants for entrepreneurial farm
				enterprises.
					TITLE IV—Research, education, and extension
					Sec. 401. Beginning farmer and rancher development
				program.
					Sec. 402. Agriculture and Food Research Initiative.
					TITLE V—Crop insurance
					Sec. 501. Sense of Congress on beginning farmer and rancher
				access to crop and revenue insurance.
					Sec. 502. Risk management partnership programs.
					TITLE VI—Miscellaneous
					Sec. 601. Small and beginning farmer and rancher
				coordinators.
					Sec. 602. Military Veterans Agricultural Liaison.
					Sec. 603. Budgetary effects.
					Sec. 604. Effective date.

			IConservation
			AConservation
			 reserve program
				101.Extension of
			 conservation reserve program
					(a)In
			 generalSection 1231(a) of
			 the Food Security Act of 1985 (16 U.S.C. 3831(a)) is amended by striking
			 2012 and inserting 2017.
					(b)Land eligible
			 for enrollment in conservation reserveSection 1231(b)(1)(B) of the Food Security
			 Act of 1985 (16 U.S.C. 3831(b)(1)(B)) is amended by striking Food,
			 Conservation, and Energy Act of 2008 and inserting Beginning Farmer and Rancher Opportunity Act of
			 2011.
					(c)Maximum
			 enrollment of acreage in conservation reserveSection 1231(d) of the Food Security Act of
			 1985 (16 U.S.C. 3831(d)) is amended—
						(1)by striking the
			 first sentence; and
						(2)in the second
			 sentence, by striking 2010, 2011, and 2012 and inserting
			 2010 through 2017.
						(d)Pilot program
			 for enrollment of wetland and buffer acreage in conservation
			 reserveSection 1231B of the
			 Food Security Act of 1985 (16 U.S.C. 3831b) is amended—
						(1)in subsection (a)(1), by striking
			 2012 and inserting 2017; and
						(2)in subsection
			 (b)(1)(C), by striking 2002 through 2007 and inserting
			 2008 through 2012.
						102.ContractsSection 1235 of the Food Security Act of
			 1985 (16 U.S.C. 3835) is amended—
					(1)in subsection
			 (c)(1)(B), by striking clause (iii) and inserting the following:

							(iii)to facilitate a
				transition of land subject to the contract from a retired or retiring owner or
				operator to a beginning farmer or rancher, socially disadvantaged farmer or
				rancher, or limited resource farmer or rancher who is or will be actively
				engaged in farming or ranching with respect to the land transferred under this
				subsection for the purpose of returning some or all of the land into production
				using sustainable grazing or crop production methods that meet or exceed the
				resource management system quality criteria for erosion, soil quality, water
				quality, and fish and wildlife; or
							;
				and
					(2)in subsection
			 (f)(1)—
						(A)in the matter
			 preceding subparagraph (A), by striking or socially disadvantaged farmer
			 or rancher and inserting socially disadvantaged farmer or
			 rancher, or limited resource farmer or rancher who is or will be actively
			 engaged in farming or ranching with respect to the land transferred under this
			 subsection; and
						(B)by striking
			 subparagraphs (C), (D), and (E) and inserting the following:

								(C)require the
				covered farmer or rancher to develop and implement a comprehensive conservation
				plan that addresses all resource concerns and meets such sustainability
				criteria as the Secretary may establish;
								(D)provide to the
				covered farmer or rancher an opportunity to enroll in the conservation
				stewardship program or the environmental quality incentives program at any time
				beginning on the date that is 1 year before the date of termination of the
				contract, including technical and financial assistance in the development of a
				comprehensive conservation plan;
								(E)if the land
				transferred under this subsection remains in grass cover, provide to the
				covered farmer or rancher an opportunity to enroll in a long-term or permanent
				easement under the grassland reserve program or farmland protection program at
				any time beginning on the date that is 1 year before the date of termination of
				the contact; and
								(F)continue to make
				annual payments to the retired or retiring owner or operator for not more than
				an additional 2 years after the date of termination of the contract, except
				that, in the case of a retired or retiring owner or operator who is a family
				member (as defined in section 1001) of the covered farmer or rancher, the
				additional payments shall be made only if title to the land is sold or
				transferred to the covered farmer or rancher on termination of the
				contract.
								.
						BFarmland
			 protection program
				111.Farmland
			 protection programSection
			 1238I of the Food Security Act of 1985 (16 U.S.C. 3838i) is amended—
					(1)in subsection (b), by inserting to
			 promote farm viability for future generations before the period at the
			 end; and
					(2)in subsection
			 (g)(4)—
						(A)in subparagraph
			 (B), by striking and at the end;
						(B)by redesignating
			 subparagraph (C) as subparagraph (D); and
						(C)by inserting after
			 subparagraph (B) the following:

								(C)provide a funding
				priority, to the maximum extent practicable, for—
									(i)eligible land for
				which there exists a farm or ranch succession plan or similar plan established
				to create opportunities for beginning farmers and ranchers and encourage farm
				viability for future generations;
									(ii)easements that
				exercise an option to purchase at a price that is equal to the agricultural use
				value;
									(iii)qualified
				beginning farmers or ranchers with contracts to purchase the land to be
				protected;
									(iv)land owned by a
				nongovernmental organization that will be sold to a qualified beginning farmer
				or rancher;
									(v)contemporaneous
				farm transfers of eligible land to qualified beginning farmers and ranchers
				that may not occur without the financial assistance of the program; and
									(vi)other similar
				mechanisms to maintain the affordability of farm and ranch land for successive
				generations of farmers and ranchers;
				and
									.
						CEnvironmental
			 quality incentives program
				121.Establishment
			 and administration of environmental quality incentives programSection 1240B of the Food Security Act of
			 1985 (16 U.S.C. 3839aa–2) is amended—
					(1)in subsection (a), by striking
			 2012 and inserting 2017;
					(2)in subsection (d)(4)(B), by striking
			 30 percent and inserting 50 percent; and
					(3)in subsection (f), by striking
			 2012 and inserting 2017.
					122.Conservation
			 innovation grants and paymentsSection 1240H of the Food Security Act of
			 1985 (16 U.S.C. 3839aa–8) is amended—
					(1)in subsection (a)(2)—
						(A)in subparagraph (C), by striking ;
			 and and inserting a semicolon;
						(B)in subparagraph (D), by striking the period
			 at the end and inserting ; and; and
						(C)by adding at the end the following:

								(E)provide environmental and resource
				conservation benefits through increased participation by beginning farmers and
				ranchers and socially disadvantaged farmers and
				ranchers.
								;
				and
						(2)in subsection (b)(2), by striking
			 2012 and inserting 2017.
					DFunding and
			 administration
				131.Funding of
			 conservation programs under Food Security Act of 1985
					(a)In
			 generalSection 1241(a) of
			 the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended in the matter
			 preceding paragraph (1) by striking 2012 and inserting
			 2017.
					(b)Conservation
			 reserve programSection
			 1241(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(1)) is amended
			 by striking 2012 each place it appears and inserting
			 2017.
					(c)Environmental
			 quality incentives programSection 1241(a)(6)(E) of the Food
			 Security Act of 1985 (16 U.S.C. 3841(a)(6)(E)) is amended by striking
			 fiscal year 2012 and inserting each of fiscal years 2012
			 through 2017.
					132.Assistance to
			 certain farmers or ranchers for conservation accessSection 1241(g) of the Food Security Act of
			 1985 (16 U.S.C. 3841(g)) is amended—
					(1)in paragraph (1)—
						(A)by striking 2012 and
			 inserting 2017; and
						(B)by striking 5 percent each
			 place it appears and inserting 10 percent;
						(2)in paragraph (2),
			 by inserting (but not earlier than 120 days after the date that funding
			 for the fiscal year is allocated to the States) after
			 Secretary;
					(3)in paragraph (3),
			 by inserting (but not earlier than 120 days after the date that acres
			 for the fiscal year are allocated to the States) after
			 Secretary; and
					(4)by adding at the
			 end the following:

							(4)Participation by
				beginning and socially disadvantaged farmers and ranchersNothing
				in this subsection prohibits beginning or socially disadvantaged farmers or
				ranchers from participating in programs and receiving funding available under
				this title that is not reserved under paragraph (1).
							(5)Technical
				assistanceWithin the funds reserved under paragraph (1), the
				Secretary shall allocate to the Natural Resources Conservation Service funding
				for technical assistance at a rate that is not more than 10 percent higher than
				the rate that would otherwise apply to allow the Service to provide additional
				technical assistance to beginning farmers or ranchers and socially
				disadvantaged farmers or ranchers to establish conservation
				plans.
							.
					133.Comprehensive
			 conservation planningSection
			 1244(a) of the Food Security Act of 1985 (16 U.S.C. 3844(a)) is amended by
			 adding at the end the following:

						(3)Comprehensive
				conservation planningIn carrying out this subsection, the
				Secretary shall provide technical and financial assistance using resources
				available under the environmental quality incentives program, conservation
				stewardship program, or such other programs as the Secretary may determine to
				covered persons who request the assistance to develop a comprehensive
				conservation plan for the farming or ranching operation of the covered
				person.
						.
				IICredit
			AFarm ownership
			 loans
				201.Direct farm
			 ownership experience requirementSection 302(b)(1) of the Consolidated Farm
			 and Rural Development Act (7 U.S.C. 1922(b)) is amended by striking 3
			 years and inserting 2 years.
				202.Conservation
			 loan and loan guarantee programSection 304 of the Consolidated Farm and
			 Rural Development Act (7 U.S.C. 1924) is amended—
					(1)in subsection (c)(2)—
						(A)by striking shall meet and
			 inserting “shall—

								(A)meet
								;

						(B)in subparagraph
			 (A) (as so designated), by striking the period at the end and inserting
			 ; and; and
						(C)by adding at the
			 end the following:

								(B)be the owner or
				operator of not larger than a family
				farm.
								;
						(2)in subsection (e)—
						(A)by striking The portion and
			 inserting the following:

								(1)In
				generalExcept as provided in paragraph (2), the
				portion
								;
				and
						(B)by adding at the
			 end the following:

								(2)Beginning and
				socially disadvantaged farmers and ranchersIn the case of
				beginning farmers or ranchers and socially disadvantaged farmers or ranchers,
				the portion of the loan the Secretary may guarantee under this section shall be
				95 percent of the principal amount of the
				loan.
								;
				and
						(3)by striking
			 subsection (h) and inserting the following:

							(h)Funding
								(1)In
				generalThe Secretary may make or guarantee loans under this
				section for not more than $250,000,000 for each of fiscal years 2013 through
				2017, of which, for each fiscal year, not more than 1/2
				shall be used for direct loans and not more than 1/2 shall
				be used for guaranteed loans.
								(2)Qualified
				beginning farmers and ranchers
									(A)Direct
				loansOf the amount made available for direct loans for a fiscal
				year under paragraph (1), the Secretary shall reserve for qualified beginning
				farmers and ranchers until April 1 of the fiscal year not less than 50 percent
				of the amount.
									(B)Guaranteed
				loansOf the amount made available for guaranteed loans for a
				fiscal year under paragraph (1), the Secretary shall reserve for qualified
				beginning farmers and ranchers until April 1 of the fiscal year not less than
				50 percent of the
				amount.
									.
					203.Loan terms for
			 down payment loan programSection 310E(b)(1)(C) of the Consolidated
			 Farm and Rural Development Act (7 U.S.C. 1935(b)(1)(C)) is amended by striking
			 $500,000 and inserting $667,000.
				204.Definition of
			 qualified beginning farmer or rancherSection 343(a)(11)(F) of the Consolidated
			 Farm and Rural Development Act (7 U.S.C. 1991(a)(11)(F)) is amended by striking
			 median and inserting average.
				BOperating
			 loans
				211.Young beginning
			 farmer or rancher microloansSection 311 of the Consolidated Farm and
			 Rural Development Act (7 U.S.C. 1941) is amended by adding at the end the
			 following:

						(d)Young beginning
				farmer or rancher microloans
							(1)In
				generalThe Secretary may make microloans under this subtitle to
				beginning farmers or ranchers who are not less than 19 and not more than 35
				years of age to enable the beginning farmers or ranchers to obtain flexible
				capital to finance operations.
							(2)LiabilityIn
				the case of a microloan under this subsection, the Secretary may accept the
				personal liability of a cosigner of the promissory note in addition to the
				personal liability of the borrower.
							(3)Principal
				balanceThe principal balance for a microloan made under this
				subsection shall not exceed $35,000.
							(4)TermLoan
				repayment under this subsection shall be required in not less than 1 and not
				more than 7 years.
							(5)Interest
				rateThe interest rate on a loan made under this subsection shall
				not exceed the maximum interest rate that may be charged low income, limited
				resource borrowers under section 316(a)(2).
							(6)Borrower
				training
								(A)In
				generalSubject to subparagraph (B), to be eligible for a
				microloan under this subsection, the borrower shall have successfully
				completed, or will complete within 1 year, borrower training described in
				section 359.
								(B)WaiversIn
				carrying out subparagraph (A), the Secretary shall not grant a waiver described
				in section 359(f) except in the case of a borrower who successfully completed,
				or will complete within 1 year, an equivalent training program, including
				programs established under section 7405 of the Farm Security and Rural
				Investment Act of 2002 (7 U.S.C. 3319f), as determined by the
				Secretary.
								.
				CAdministrative
			 provisions
				221.Beginning
			 farmer and rancher individual development accounts pilot programSection 333B of the Consolidated Farm and
			 Rural Development Act (7 U.S.C. 1983b) is amended by striking subsection (h)
			 and inserting the following:

						(h)FundingOn
				October 1, 2012, and on each October 1 thereafter through October 1, 2016, of
				the funds of the Commodity Credit Corporation, the Secretary shall use to carry
				out this section $5,000,000, to remain available until
				expended.
						.
				222.Transition to
			 private commercial or other sources of credit
					(a)Conditions for
			 direct loansSection 311(c)
			 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(c)) is
			 amended—
						(1)in paragraph
			 (1)—
							(A)in subparagraph
			 (A), by striking the semicolon at the end and inserting ;
			 and;
							(B)in subparagraph
			 (B), by striking ; or at the end and inserting a period;
			 and
							(C)by striking
			 subparagraph (C); and
							(2)by striking
			 paragraphs (3) and (4) and inserting the following:

								(3)Term
				limitsSubject to paragraph (4), if a farmer or rancher has
				received a direct operating loan pursuant to this section in each of 9
				consecutive years, the farmer or rancher may not receive a direct operating
				loan from the Secretary under this section for the next year.
								(4)Waivers for farm
				and ranch operations on tribal landThe Secretary shall waive the
				limitation under paragraph (3) for a direct loan made under this subtitle to a
				farmer or rancher whose farm or ranch land is subject to the jurisdiction of an
				Indian tribe and whose loan is secured by 1 or more security instruments that
				are subject to the jurisdiction of an Indian tribe if the Secretary determines
				that commercial credit is not generally available for the farm or ranch
				operations.
								.
						(b)Limitation on
			 period borrowers are eligible for guaranteed assistanceSection
			 319 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1949) is
			 amended by striking subsection (b) and inserting the following:

							(b)Limitation on
				period borrowers are eligible for guaranteed assistanceIf a
				borrower has received a guaranteed loan under this subtitle in each of 15
				consecutive years, the borrower may not receive a loan guaranteed by the
				Secretary for the next
				year.
							.
					223.Loan
			 authorization levelsSection
			 346(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C.
			 1994(b)(1)) is amended—
					(1)in the matter preceding subparagraph (A),
			 by striking $4,226,000,000 for each of fiscal years 2008 through
			 2012 and inserting $5,000,000,000 for each of fiscal years 2013
			 through 2017 ;
					(2)in subparagraph (A)—
						(A)in the matter
			 preceding clause (i), by striking $1,200,000,000 and inserting
			 $2,000,000,000;
						(B)in clause (i), by striking
			 $350,000,000 and inserting $750,000,000;
			 and
						(C)in clause (ii), by
			 striking $850,000,000 and inserting
			 $1,250,000,000; and
						(3)in subparagraph (B)—
						(A)in the matter
			 preceding clause (i), by striking $3,026,000,000 and inserting
			 $3,000,000,000;
						(B)in clause (i), by striking
			 $1,000,000,000 and inserting $1,500,000,000;
			 and
						(C)in clause (ii), by
			 striking $2,026,000,000 and inserting
			 $1,500,000,000.
						224.Direct loans
			 for beginning farmers and ranchersSection 346(b)(2)(A) of the Consolidated
			 Farm and Rural Development Act (7 U.S.C. 1994(b)(2)(A)) is amended—
					(1)in clause (i), by adding at the end the
			 following:

							(III)PriorityIn
				order to maximize the number of borrowers served under this clause, the
				Secretary—
								(aa)shall give
				priority to borrowers who apply under the down payment loan program under
				section 310E or joint financing arrangements under section 307(a)(3)(D);
				and
								(bb)may
				offer other financing options only if the Secretary determines that down
				payment or other participation loan options are not a viable approach for a
				particular borrower.
								;
				and
					(2)in clause
			 (ii)(III), by striking each of fiscal years 2008 through 2012
			 and inserting fiscal year 2008 and each fiscal year
			 thereafter.
					225.Borrower
			 trainingSection 359 of the
			 Consolidated Farm and Rural Development Act (7 U.S.C. 2006a) is amended by
			 adding at the end the following:

						(g)CoordinationThe
				Secretary shall coordinate the borrower training program under this section
				with the beginning farmer and rancher development program established under
				section 7405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
				3319f) to ensure, to the maximum extent practicable, that financial management
				training programs funded under the beginning farmer and rancher development
				program are designed in such a way that the financial management training
				programs will—
							(1)meet borrower
				training requirements under this section; and
							(2)qualify as
				beginning farmer and rancher development program projects covered by contracts
				under subsection
				(b).
							.
				IIIRural
			 development
			301.Value-added
			 producer grantsSection 231(b)
			 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(b)) is
			 amended—
				(1)by striking paragraph (6) and inserting the
			 following:

						(6)Priority
							(A)In
				generalIn awarding grants under this subsection, the Secretary
				shall give priority to projects that—
								(i)contribute to
				increasing opportunities for operators of small- and medium-sized farms and
				ranches that are structured as a family farm; or
								(ii)have applicants
				at least 1/4 of whom are beginning farmers or ranchers or
				socially disadvantaged farmers or ranchers.
								(B)RankingIn
				evaluating and ranking proposals under this subsection, the Secretary shall
				provide very substantial weight to the priorities described in subparagraph
				(A).
							;
				and
				(2)in paragraph
			 (7)—
					(A)in subparagraph
			 (A)—
						(i)by
			 striking October 1, 2008 and inserting October 1, 2012,
			 and each October 1 thereafter through October 1, 2016; and
						(ii)by
			 striking $15,000,000 and inserting
			 $30,000,000;
						(B)in subparagraph
			 (B), by striking 2012 and inserting 2017;
			 and
					(C)in subparagraph
			 (C)—
						(i)in
			 clause (i), by striking benefit and inserting have
			 applicants at least 1/4 of whom are; and
						(ii)in
			 clause (iii), by striking June 30 of the fiscal year and
			 inserting the close of the annual proposal review
			 process.
						302.Use of loans
			 and grants for entrepreneurial farm enterprisesSubtitle D of the Consolidated Farm and
			 Rural Development Act is amended by inserting after section 365 (7 U.S.C. 2008)
			 the following:

					366.Use of loans
				and grants for entrepreneurial farm enterprises
						(a)In
				generalThe Secretary shall
				approve grants and loans under any rural development program established under
				this title to support farm and farm-related business enterprises that—
							(1)create new entrepreneurial employment
				opportunities for beginning farmers and ranchers;
							(2)have the effect of—
								(A)creating new small- and medium-size family
				farms;
								(B)enhancing local and regional food
				systems;
								(C)increasing value-added production and new
				markets;
								(D)preserving farmland and rural heritage;
				and
								(E)developing strong rural economies;
				and
								(3)are consistent
				with the purposes of the program.
							(b)LimitationLoans or grants made under this section
				shall not be available for annual agricultural production
				purposes.
						.
			IVResearch,
			 education, and extension
			401.Beginning
			 farmer and rancher development programSection 7405 of the Farm Security and Rural
			 Investment Act of 2002 (7 U.S.C. 3319f) is amended—
				(1)in subsection
			 (c)—
					(A)in paragraph
			 (1)—
						(i)in
			 subparagraph (Q), by striking and after the semicolon at the
			 end;
						(ii)by
			 redesignating subparagraph (R) as subparagraph (S); and
						(iii)by
			 inserting after subparagraph (Q) the following:

								(R)agricultural
				rehabilitation and vocational training for veterans;
				and
								;
						(B)in paragraph
			 (4)—
						(i)by
			 striking To be eligible and inserting the following:

								(A)In
				generalExcept as provided in subparagraph (B), to be
				eligible
								;
				and
						(ii)by
			 adding at the end the following:

								(B)ExceptionsThe
				Secretary may waive or modify the matching requirement in subparagraph (A) if
				the Secretary determines a waiver or modification is necessary to effectively
				reach an underserved area or
				population.
								;
						(C)in paragraph
			 (8)—
						(i)in
			 subparagraph (B), by striking and after the semicolon at the
			 end;
						(ii)in
			 subparagraph (C), by striking the period at the end and inserting ;
			 and; and
						(iii)by
			 adding at the end the following:

								(D)military veteran
				beginning farmers and ranchers.
								;
				and
						(D)by adding at the
			 end the following:

							(11)Indirect
				costsTo help facilitate participation in the program under this
				subsection by nongovernmental and community-based nonprofit organizations, the
				Secretary shall provide for an optional 10 percent indirect cost option in lieu
				of a higher negotiated rate.
							;
				and
					(2)in subsection
			 (h)—
					(A)in paragraph (1),
			 by striking section— and all that follows through the period at
			 the end and inserting $25,000,000 for each of fiscal years 2013 through
			 2017.; and
					(B)in paragraph (2),
			 by striking 2008 through 2012 and inserting 2013 through
			 2017.
					402.Agriculture and
			 Food Research InitiativeSubsection (b) of the Competitive, Special,
			 and Facilities Research Grant Act (7 U.S.C. 450i(b)) is amended—
				(1)in paragraph
			 (2)(F)—
					(A)by redesignating
			 clauses (iii) through (vi) as clauses (iv) through (vii), respectively;
			 and
					(B)by inserting after
			 clause (ii) the following:

							(iii)new farming
				opportunities, including young, beginning, socially disadvantaged, and
				immigrant issues and farm transition, farm transfer, farm entry, and beginning
				farmer profitability
				issues;
							;
					(2)in paragraph (7),
			 in the matter preceding subparagraph (A), by inserting projects
			 (including integrated projects) after education;
			 and
				(3)in paragraph
			 (11)(A)—
					(A)in the matter
			 preceding clause (i), by striking 2008 through 2012 and
			 inserting 2013 through 2017; and
					(B)in clause (i), by
			 striking pursuant to and inserting under.
					VCrop
			 insurance
			501.Sense of
			 Congress on beginning farmer and rancher access to crop and revenue
			 insuranceIt is the sense of
			 Congress that the Secretary of Agriculture should, to the maximum extent
			 practicable, remove barriers and ensure effective access to crop and revenue
			 insurance by beginning farmers and ranchers on terms that are fair and assist
			 in the goal of increasing the number of new farming and ranching
			 opportunities.
			502.Risk management
			 partnership programsSection
			 522 of the Federal Crop Insurance Act (7 U.S.C. 1522) is amended—
				(1)in subsection (d)—
					(A)in paragraph
			 (1)—
						(i)by
			 striking priority given to risk and inserting “priority given
			 to—

								(A)risk
								;
						(ii)by
			 striking the period at the end and inserting ; and; and
						(iii)by
			 adding at the end the following:

								(B)underserved
				producers, including beginning farmers and ranchers and socially disadvantaged
				farmers and
				ranchers.
								;
						(B)in paragraph
			 (2)—
						(i)by
			 striking options for producers and inserting “options
			 for—

								(A)producers
								;
						(ii)by
			 striking the period at the end and inserting ; and; and
						(iii)by
			 adding at the end the following:

								(B)underserved
				producers, including beginning farmers and ranchers and socially disadvantaged
				farmers and ranchers.
								;
				and
						(C)by adding at the
			 end the following:

							(4)RequirementsIn
				carrying out the programs established under paragraphs (2) and (3), the
				Secretary shall place special emphasis on risk management techniques, tools,
				and programs that are specifically targeted at—
								(A)beginning farmers
				or ranchers;
								(B)legal immigrant
				farmers or ranchers that are attempting to become established agricultural
				producers in the United States;
								(C)socially
				disadvantaged farmers or ranchers;
								(D)farmers or
				ranchers that—
									(i)are preparing to
				retire; and
									(ii)are using
				transition strategies to help new farmers or ranchers get started; and
									(E)new or established
				farmers or ranchers that are converting production and marketing systems to
				pursue new markets.
								;
				and
					(2)in subsection
			 (e)(2)(A), by striking $12,500,000 for fiscal year 2008 and
			 inserting $15,000,000 for fiscal year 2013.
				VIMiscellaneous
			601.Small and
			 beginning farmer and rancher coordinatorsSection 226B of the Department of
			 Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) is amended—
				(1)in subsection (c)(4), by inserting before
			 the semicolon at the end the following: , including review of
			 rulemakings to provide an assessment and make recommendations regarding the
			 impact of rules on small farms and ranches, beginning and socially
			 disadvantaged farmers and ranchers, and related matters relevant to the
			 structure of agriculture;
				(2)in subsection
			 (e)(2)—
					(A)by redesignating
			 subparagraph (D) as subparagraph (E); and
					(B)by inserting after
			 subparagraph (C) the following:

							(D)State small and
				beginning farmer and rancher coordinator
								(i)In
				generalThe Small Farms and Beginning Farmers and Ranchers Group
				shall designate a State small and beginning farmer and rancher coordinator from
				among the State office employees of the Farm Service Agency, the Natural
				Resources Conservation Service, the Risk Management Agency, the Rural
				Business-Cooperative Service, and the Rural Utilities Service.
								(ii)TrainingThe
				Small Farms and Beginning Farmers and Ranchers Group shall coordinate the
				development of a training plan so that each State coordinator shall receive
				sufficient training to have a general working knowledge of the programs and
				services available from each agency of the Department to assist small and
				beginning farmers and ranchers.
								(iii)DutiesThe
				coordinator shall—
									(I)coordinate
				technical assistance at the State level to help small and beginning farmers and
				ranchers gain access to programs of the Department;
									(II)develop and
				submit a State plan for approval by the Small Farms and Beginning Farmers and
				Ranchers Group to provide coordination to ensure adequate services to small and
				beginning farmers and ranchers at all county and area offices throughout the
				State;
									(III)oversee
				implementation of the approved State plan; and
									(IV)work with
				outreach coordinators in the State offices of the Farm Service Agency, the
				Natural Resources Conservation Service, the Risk Management Agency, the Rural
				Business-Cooperative Service, and the Rural Utilities Service to ensure
				appropriate information about technical assistance is available at outreach
				events and activities.
									;
				and
					(3)in subsection (f),
			 by striking paragraph (3); and
				(4)by adding at the
			 end the following:

						(g)Authorization of
				appropriationsThere are authorized to be appropriated to carry
				out this section such sums as are necessary for each of fiscal years 2013
				through
				2017.
						.
				602.Military
			 Veterans Agricultural Liaison
				(a)In
			 generalSubtitle A of the Department of Agriculture
			 Reorganization Act of 1994 is amended by inserting after section 218 (7 U.S.C.
			 6918) the following:

						219.Military
				Veterans Agricultural Liaison
							(a)AuthorizationThe
				Secretary shall establish in the Department the position of Military Veterans
				Agricultural Liaison.
							(b)DutiesThe
				Military Veterans Agricultural Liaison shall—
								(1)provide
				information to returning veterans about, and connect returning veterans with,
				beginning farmer training and agricultural vocational and rehabilitation
				programs appropriate to the needs and interests of returning veterans,
				including assisting veterans in using Federal veterans educational benefits for
				purposes relating to beginning a farming or ranching career;
								(2)provide
				information to veterans concerning the availability of and eligibility
				requirements for participation in agricultural programs, with particular
				emphasis on beginning farmer and rancher programs;
								(3)serving as a
				resource for assisting veteran farmers and ranchers, and potential farmers and
				ranchers, in applying for participation in agricultural programs; and
								(4)advocating on
				behalf of veterans in interactions with employees of the
				Department.
								.
				(b)Conforming
			 amendmentsSection 296(b) of the Department of Agriculture
			 Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended—
					(1)in paragraph (6),
			 by striking or after the semicolon at the end;
					(2)in paragraph (7),
			 by striking the period at the end and inserting ; or; and
					(3)by adding at the
			 end the following:

							(8)the authority of
				the Secretary to establish in the Department the position of Military Veterans
				Agricultural Liaison in accordance with section
				219.
							.
					603.Budgetary
			 effectsThe budgetary effects
			 of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act
			 of 2010, shall be determined by reference to the latest statement titled
			 Budgetary Effects of PAYGO Legislation for this Act, submitted
			 for printing in the Congressional Record by the Chairman of the Senate Budget
			 Committee, provided that such statement has been submitted prior to the vote on
			 passage.
			604.Effective
			 dateThis Act and the
			 amendments made by this Act take effect on October 1, 2012.


115 HR 469 : Congressional Article I Powers Strengthening Act
U.S. House of Representatives
2017-10-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		115th CONGRESS
		1st Session
		H. R. 469
		IN THE SENATE OF THE UNITED STATES
		October 26, 2017Received; read twice and referred to the Committee on the JudiciaryAN ACT
		To impose certain limitations on consent decrees and settlement agreements by agencies that require
			 the agencies to take regulatory action in accordance with the terms
			 thereof, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Congressional Article I Powers Strengthening Act. (b)Table of contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Title I—Sunshine for Regulations and Regulatory Decrees and Settlements
					Sec. 101. Short title.
					Sec. 102. Definitions.
					Sec. 103. Consent decree and settlement reform.
					Sec. 104. Motions to modify consent decrees.
					Sec. 105. Effective date.
					Title II—Judgment Fund Transparency
					Sec. 201. Short title.
					Sec. 202. Judgment fund transparency.
					Title III—Article I Amicus and Intervention
					Sec. 301. Short title.
					Sec. 302. Congressional intervention as of right.
					Sec. 303. Intervention and amicus authority for house of representatives.
			ISunshine for Regulations and Regulatory Decrees and Settlements
 101.Short titleThis title may be cited as the Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017. 102.DefinitionsIn this title—
 (1)the terms agency and agency action have the meanings given those terms under section 551 of title 5, United States Code; (2)the term covered civil action means a civil action—
 (A)seeking to compel agency action; (B)alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of—
 (i)private persons other than the person bringing the action; or (ii)a State, local, or tribal government; and
 (C)brought under— (i)chapter 7 of title 5, United States Code; or
 (ii)any other statute authorizing such an action; (3)the term covered consent decree means—
 (A)a consent decree entered into in a covered civil action; and (B)any other consent decree that requires agency action relating to a regulatory action that affects the rights of—
 (i)private persons other than the person bringing the action; or (ii)a State, local, or tribal government;
 (4)the term covered consent decree or settlement agreement means a covered consent decree and a covered settlement agreement; and (5)the term covered settlement agreement means—
 (A)a settlement agreement entered into in a covered civil action; and (B)any other settlement agreement that requires agency action relating to a regulatory action that affects the rights of—
 (i)private persons other than the person bringing the action; or (ii)a State, local, or tribal government.
						103.Consent decree and settlement reform
				(a)Pleadings and preliminary matters
 (1)In generalIn any covered civil action, the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner, including by making the notice of intent to sue and the complaint available online not later than 15 days after receiving service of the notice of intent to sue or complaint, respectively.
 (2)Entry of a covered consent decree or settlement agreementA party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the end of proceedings in accordance with paragraph (1) and subparagraphs (A) and (B) of paragraph (2) of subsection (d) or subsection (d)(3)(A), whichever is later.
					(b)Intervention
 (1)Rebuttable presumptionIn considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a person who alleges that the agency action in dispute would affect the person, the court shall presume, subject to rebuttal, that the interests of the person would not be represented adequately by the existing parties to the action.
 (2)State, local, and tribal governmentsIn considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a State, local, or tribal government, the court shall take due account of whether the movant—
 (A)administers jointly with an agency that is a defendant in the action the statutory provisions that give rise to the regulatory action to which the action relates; or
 (B)administers an authority under State, local, or tribal law that would be preempted by the regulatory action to which the action relates.
 (c)Settlement negotiationsEfforts to settle a covered civil action or otherwise reach an agreement on a covered consent decree or settlement agreement shall—
 (1)be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge other than the presiding judge, magistrate judge, or special master, as determined appropriate by the presiding judge; and
 (2)include any party that intervenes in the action. (d)Publication of and comment on covered consent decrees or settlement agreements (1)In generalNot later than 60 days before the date on which a covered consent decree or settlement agreement is filed with a court, the agency seeking to enter the covered consent decree or settlement agreement shall publish in the Federal Register and online—
 (A)the proposed covered consent decree or settlement agreement; and (B)a statement providing—
 (i)the statutory basis for the covered consent decree or settlement agreement; and (ii)a description of the terms of the covered consent decree or settlement agreement, including whether it provides for the award of attorneys’ fees or costs and, if so, the basis for including the award.
							(2)Public comment
 (A)In generalAn agency seeking to enter a covered consent decree or settlement agreement shall accept public comment during the period described in paragraph (1) on any issue relating to the matters alleged in the complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement.
 (B)Response to commentsAn agency shall respond to any comment received under subparagraph (A). (C)Submissions to courtWhen moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal pursuant to a proposed covered consent decree or settlement agreement, an agency shall—
 (i)inform the court of the statutory basis for the proposed covered consent decree or settlement agreement and its terms;
 (ii)submit to the court a summary of the comments received under subparagraph (A) and the response of the agency to the comments;
 (iii)submit to the court a certified index of the administrative record of the notice and comment proceeding; and
 (iv)make the administrative record described in clause (iii) fully accessible to the court. (D)Inclusion in recordThe court shall include in the court record for a civil action the certified index of the administrative record submitted by an agency under subparagraph (C)(iii) and any documents listed in the index which any party or amicus curiae appearing before the court in the action submits to the court.
						(3)Public hearings permitted
 (A)In generalAfter providing notice in the Federal Register and online, an agency may hold a public hearing regarding whether to enter into a proposed covered consent decree or settlement agreement.
 (B)RecordIf an agency holds a public hearing under subparagraph (A)— (i)the agency shall—
 (I)submit to the court a summary of the proceedings; (II)submit to the court a certified index of the hearing record; and
 (III)provide access to the hearing record to the court; and (ii)the full hearing record shall be included in the court record.
 (4)Mandatory deadlinesIf a proposed covered consent decree or settlement agreement requires an agency action by a date certain, the agency shall, when moving for entry of the covered consent decree or settlement agreement or dismissal based on the covered consent decree or settlement agreement, inform the court of—
 (A)any required regulatory action the agency has not taken that the covered consent decree or settlement agreement does not address;
 (B)how the covered consent decree or settlement agreement, if approved, would affect the discharge of the duties described in subparagraph (A); and
 (C)why the effects of the covered consent decree or settlement agreement on the manner in which the agency discharges its duties is in the public interest.
						(e)Submission by the government
 (1)In generalFor any proposed covered consent decree or settlement agreement that contains a term described in paragraph (2), the Attorney General or, if the matter is being litigated independently by an agency, the head of the agency shall submit to the court a certification that the Attorney General or head of the agency approves the proposed covered consent decree or settlement agreement. The Attorney General or head of the agency shall personally sign any certification submitted under this paragraph.
 (2)TermsA term described in this paragraph is— (A)in the case of a covered consent decree, a term that—
 (i)converts into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations;
 (ii)commits an agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question;
 (iii)commits an agency to seek a particular appropriation or budget authorization; (iv)divests an agency of discretion committed to the agency by statute or the Constitution of the United States, without regard to whether the discretion was granted to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties; or
 (v)otherwise affords relief that the court could not enter under its own authority upon a final judgment in the civil action; or
 (B)in the case of a covered settlement agreement, a term— (i)that provides a remedy for a failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement; and
 (ii)that— (I)interferes with the authority of an agency to revise, amend, or issue rules under the procedures set forth in chapter 5 of title 5, United States Code, or any other statute or Executive order prescribing rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement;
 (II)commits the agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; or
 (III)for such a covered settlement agreement that commits the agency to exercise in a particular way discretion which was committed to the agency by statute or the Constitution of the United States to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties.
								(f)Review by court
 (1)AmicusA court considering a proposed covered consent decree or settlement agreement shall presume, subject to rebuttal, that it is proper to allow amicus participation relating to the covered consent decree or settlement agreement by any person who filed public comments or participated in a public hearing on the covered consent decree or settlement agreement under paragraph (2) or (3) of subsection (d).
					(2)Review of deadlines
 (A)Proposed covered consent decreesFor a proposed covered consent decree, a court shall not approve the covered consent decree unless the proposed covered consent decree allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking.
 (B)Proposed covered settlement agreementsFor a proposed covered settlement agreement, a court shall ensure that the covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking.
 (g)Annual reportsEach agency shall submit to Congress an annual report that, for the year covered by the report, includes—
 (1)the number, identity, and content of covered civil actions brought against and covered consent decrees or settlement agreements entered against or into by the agency; and
 (2)a description of the statutory basis for— (A)each covered consent decree or settlement agreement entered against or into by the agency; and
 (B)any award of attorneys fees or costs in a civil action resolved by a covered consent decree or settlement agreement entered against or into by the agency.
 104.Motions to modify consent decreesIf an agency moves a court to modify a covered consent decree or settlement agreement and the basis of the motion is that the terms of the covered consent decree or settlement agreement are no longer fully in the public interest due to the obligations of the agency to fulfill other duties or due to changed facts and circumstances, the court shall review the motion and the covered consent decree or settlement agreement de novo.
 105.Effective dateThis title shall apply to— (1)any covered civil action filed on or after the date of enactment of this title; and
 (2)any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this title.
				IIJudgment Fund Transparency
 201.Short titleThis title may be cited as the Judgment Fund Transparency Act of 2017. 202.Judgment fund transparency (a)Transparency requirementSection 1304 of title 31, United States Code, is amended by adding at the end the following:

						(d)
 (1)Unless the disclosure of such information is otherwise prohibited by law (other than section 552a of title 5, United States Code) or court order, the Secretary of the Treasury shall make available to the public on a website, as soon as practicable, but not later than 30 days after the date on which a payment under this section is tendered on or after January 1, 2016, the following information with regard to that payment:
 (A)The name of the specific agency or entity whose actions gave rise to the claim or judgment. (B)The name of the plaintiff or claimant.
 (C)The name of counsel for the plaintiff or claimant. (D)The amount paid representing principal liability, and any amounts paid representing any ancillary liability, including attorney fees, costs, and interest.
 (E)A brief description of the facts that gave rise to the claim. (F)The name of the agency that submitted the claim.
 (G)Any information available on reports generated by the Judgment Fund Payment Search administered by the Treasury Department.
 (2)In addition to the information described in paragraph (1), if a payment under this section is made to a foreign state on or after January 1, 2016, the Secretary of the Treasury shall make available to the public in accordance with paragraph (1), the following information with regard to that payment:
 (A)A description of the method of payment. (B)A description of the currency denominations used for the payment.
 (C)The name and location of each financial institution owned or controlled, directly or indirectly, by a foreign state or an agent of a foreign state through which the payment passed or from which the payment was withdrawn, including any financial institution owned or controlled, directly or indirectly, by a foreign state or an agent of a foreign state that is holding the payment as of the date on which the information is made available.
 (3)Not later than January 1, 2018, and annually thereafter, the Secretary of the Treasury shall make available to the public on the website described in paragraph (1)—
 (A)the total amount paid under this section during the year preceding the date of the report; and (B)the amount paid under this section during the year preceding the date of the report—
 (i)for attorney fees; (ii)for interest; and
 (iii)for all other payments. (4)In this subsection, the term foreign state has the meaning given the term in section 1603 of title 28.
 (e)Except with regard to children under eighteen, the disclosure of information required in this section shall not be considered a clearly unwarranted invasion of personal privacy for purposes of title 5, United States Code.
 (f)No payment may be made under this section to a state sponsor of terrorism, as defined in section 1605A(h) of title 28, or to an organization that has been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)..
 (b)ImplementationThe Secretary of the Treasury shall carry out the amendment made by this section by not later than 60 days after the date of enactment of this title.
				IIIArticle I Amicus and Intervention
 301.Short titleThis title may be cited as the Article I Amicus and Intervention Act of 2017. 302.Congressional intervention as of right (a)Deadline for report on limitation on enforcement of lawsParagraph (2) of section 530D(b) of title 28, United States Code, is amended to read as follows:

 (2)under subsection (a)(1)(B), within such time as will reasonably enable the House of Representatives and the Senate to take action, separately or jointly, to intervene in a timely fashion in the proceeding, but in no event—
 (A)later than 30 days after the making of each determination; and (B)later than 21 days before any applicable deadline for filing any pleading necessary—
 (i)to defend or assert the constitutionality of the provision at issue; or (ii)to request review of any judicial, administrative, or other determination adversely affecting the constitutionality of such provision;.
 (b)Intervention as of rightSection 530D of title 28, United States Code, is amended by adding at the end the following:  (f)Intervention as of rightThe Senate or House of Representatives may intervene as of right in any proceeding referenced in subsection (a)(1)(B) in order to defend or assert the constitutionality of any provision of any Federal statute, rule, regulation, program, policy, or other law, or to appeal or request review of any judicial, administrative, or other determination adversely affecting the constitutionality of any such provision. Notwithstanding any otherwise applicable time limits or other provisions of law to the contrary, if such intervention is filed not later than 21 days after receipt of the notice required by this section the intervention shall be deemed timely and shall preserve the right of the Senate or House of Representatives to advance any applicable legal arguments in favor of the constitutionality of any such provision..
 303.Intervention and amicus authority for house of representativesSection 101 of the Legislative Branch Appropriations Act, 2000 (2 U.S.C. 5571), is amended— (1)by striking subsection (d); and
 (2)by inserting after subsection (b) the following (and redesignating succeeding subsections accordingly):

						(c)House of representatives intervention and amicus authority
 (1)Actions or proceedingsWhen directed to do so in accordance with the Rules of the House of Representatives, the General Counsel of the House of Representatives shall intervene or appear as amicus curiae in the name of the House, or in the name of an officer, committee, subcommittee, or chair of a committee or subcommittee of the House, or other entity of the House, in any legal action or proceeding pending in any court of the United States or of a State or political subdivision thereof.
 (2)Intervention or appearance as of rightIntervention as a party or appearance as amicus curiae shall be of right and may be denied by a court only upon an express finding that such intervention or appearance is untimely and would significantly delay the pending action or, in the case of intervention, that standing to intervene is required and has not been established under section 2 of article III of the Constitution of the United States.
 (3)Rule of constructionNothing in this section shall be construed to confer standing on any party seeking to bring, or jurisdiction on any court with respect to, any civil or criminal action against Congress, either House of Congress, a Member of Congress, a committee or subcommittee of a House of Congress, any office or agency of Congress, or any officer or employee of a House of Congress or any office or agency of Congress..

	Passed the House of Representatives October 25, 2017.Karen L. Haas,Clerk


		II
		112th CONGRESS
		2d Session
		S. 3285
		IN THE SENATE OF THE UNITED STATES

			June 12, 2012
			Mr. Baucus (for himself,
			 Mr. Thune, Mr.
			 Kerry, and Mr. McCain)
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To authorize the extension of nondiscriminatory treatment
		  (normal trade relations treatment) to products of the Russian
		  Federation.

		1.Extension of
			 nondiscriminatory treatment (normal trade relations treatment) to products of
			 the Russian Federation
			(a)FindingsCongress finds the following:
				(1)The Russian
			 Federation allows its citizens the right and opportunity to emigrate, free of
			 any heavy tax on emigration or on the visas or other documents required for
			 emigration and free of any tax, levy, fine, fee, or other charge on any
			 citizens as a consequence of the desire of those citizens to emigrate to the
			 country of their choice.
				(2)The Russian
			 Federation has been found to be in full compliance with the freedom of
			 emigration requirements under title IV of the Trade Act of 1974 (19 U.S.C. 2431
			 et seq.) since 1994.
				(3)The Russian
			 Federation has received normal trade relations treatment since concluding a
			 bilateral trade agreement with the United States that entered into force in
			 1992.
				(4)On December 16,
			 2011, the Ministerial Conference of the World Trade Organization invited the
			 Russian Federation to accede to the World Trade Organization.
				(b)Termination of
			 application of title IV of the Trade Act of 1974 to products of the Russian
			 Federation
				(1)Presidential
			 determinations and extension of nondiscriminatory
			 treatmentNotwithstanding any provision of title IV of the Trade
			 Act of 1974 (19 U.S.C. 2431 et seq.), the President may—
					(A)determine that
			 such title should no longer apply to the Russian Federation; and
					(B)after making a
			 determination under subparagraph (A) with respect to the Russian Federation,
			 proclaim the extension of nondiscriminatory treatment (normal trade relations
			 treatment) to the products of the Russian Federation.
					(2)Effective date
			 of nondiscriminatory treatmentThe extension of nondiscriminatory
			 treatment to the products of the Russian Federation pursuant to paragraph (1)
			 shall be effective not sooner than the effective date of the accession of the
			 Russian Federation to the World Trade Organization.
				(3)Termination of
			 applicability of title IVOn and after the effective date under
			 paragraph (2) of the extension of nondiscriminatory treatment to the products
			 of the Russian Federation, title IV of the Trade Act of 1974 (19 U.S.C. 2431 et
			 seq.) shall cease to apply to the Russian Federation.


110 HR 916 PCS: John R. Justice Prosecutors and Defenders Incentive Act of 2007
U.S. House of Representatives
2007-05-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
Calendar No. 149
110th CONGRESS 1st Session
H. R. 916
IN THE SENATE OF THE UNITED STATES

May 16, 2007
Received; read twice and placed on the calendar

AN ACT
To provide for loan repayment for prosecutors and public defenders.

1.Short titleThis Act may be cited as the John R. Justice Prosecutors and Defenders Incentive Act of 2007.
2.Loan repayment for prosecutors and defendersTitle I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following:

JJLoan repayment for prosecutors and public defenders
3111.Grant authorization
(a)PurposeThe purpose of this section is to encourage qualified individuals to enter and continue employment as prosecutors and public defenders.
(b)DefinitionsIn this section:
(1)ProsecutorThe term prosecutor means a full-time employee of a State or local agency who—
(A)is continually licensed to practice law; and
(B)prosecutes criminal or juvenile delinquency cases (or both) at the State or local level, including an employee who supervises, educates, or trains other persons prosecuting such cases.
(2)Public defenderThe term public defender means an attorney who—
(A)is continually licensed to practice law; and
(B)is—
(i)a full-time employee of a State or local agency who provides legal representation to indigent persons in criminal or juvenile delinquency cases (or both), including an attorney who supervises, educates, or trains other persons providing such representation;
(ii)a full-time employee of a nonprofit organization operating under a contract with a State or unit of local government, who devotes substantially all of such full-time employment to providing legal representation to indigent persons in criminal or juvenile delinquency cases (or both), including an attorney who supervises, educates, or trains other persons providing such representation; or
(iii)employed as a full-time Federal defender attorney in a defender organization established pursuant to subsection (g) of section 3006A of title 18, United States Code, that provides legal representation to indigent persons in criminal or juvenile delinquency cases (or both).
(3)Student loanThe term student loan means—
(A)a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.);
(B)a loan made under part D or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq. and 1087aa et seq.); and
(C)a loan made under section 428C or 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1078–3 and 1087e(g)) to the extent that such loan was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H of such Act.
(c)Program authorizedThe Attorney General shall, subject to the availability of appropriations, establish a program by which the Department of Justice shall assume the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who—
(1)is employed as a prosecutor or public defender; and
(2)is not in default on a loan for which the borrower seeks forgiveness.
(d)Terms of loan repayment
(1)Borrower agreementTo be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement with the Attorney General that specifies that—
(A)the borrower will remain employed as a prosecutor or public defender for a required period of service of not less than 3 years, unless involuntarily separated from that employment;
(B)if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Attorney General the amount of any benefits received by such employee under this section; and
(C)if the borrower is required to repay an amount to the Attorney General under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee (or such employee’s estate, if applicable) by such methods as are provided by law for the recovery of amounts owed to the Federal Government.
(2)Repayment by borrower
(A)In generalAny amount repaid by, or recovered from, an individual or the estate of an individual under this subsection shall be credited to the appropriation account from which the amount involved was originally paid.
(B)MergerAny amount credited under subparagraph (A) shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations, if any, as the sums with which the amount was merged.
(C)WaiverThe Attorney General may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest.
(3)Limitations
(A)Student loan payment amountStudent loan repayments made by the Attorney General under this section shall be made subject to the availability of appropriations, and subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Attorney General in an agreement under paragraph (1), except that the amount paid by the Attorney General under this section shall not exceed—
(i)$10,000 for any borrower in any calendar year; or
(ii)an aggregate total of $60,000 in the case of any borrower.
(B)Beginning of paymentsNothing in this section shall authorize the Attorney General to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Attorney General entered into an agreement with the borrower under this subsection.
(e)Additional agreements
(1)In generalOn completion of the required period of service under an agreement under subsection (d), the borrower and the Attorney General may, subject to paragraph (2), enter into an additional agreement in accordance with subsection (d).
(2)TermAn agreement entered into under paragraph (1) may require the borrower to remain employed as a prosecutor or public defender for less than 3 years.
(f)Award basis; priority
(1)Award basisThe Attorney General shall provide repayment benefits under this section—
(A)subject to the availability of appropriations; and
(B)in accordance with paragraph (2), except that the Attorney General shall determine a fair allocation of repayment benefits among prosecutors and defenders, and among employing entities nationwide.
(2)PriorityIn providing repayment benefits under this section in any fiscal year, the Attorney General shall give priority to borrowers—
(A)who, when compared to other eligible borrowers, have the least ability to repay their student loans (considering whether the borrower is the beneficiary of any other student loan repayment program), as determined by the Attorney General; or
(B)who—
(i)received repayment benefits under this section during the preceding fiscal year; and
(ii)have completed less than 3 years of the first required period of service specified for the borrower in an agreement entered into under subsection (d).
(g)RegulationsThe Attorney General is authorized to issue such regulations as may be necessary to carry out the provisions of this section.
(h)Report by Inspector GeneralNot later than 3 years after the date of the enactment of this section, the Inspector General of the Department of Justice shall submit to Congress a report on—
(1)the cost of the program authorized under this section; and
(2)the impact of such program on the hiring and retention of prosecutors and public defenders.
(i)GAO StudyNot later than one year after the date of the enactment of this section, the Comptroller General shall conduct a study of, and report to Congress on, the impact that law school accreditation requirements and other factors have on the costs of law school and student access to law school, including the impact of such requirements on racial and ethnic minorities.
(j)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2008 through 2013. .
 Passed the House of Representatives May 15, 2007.Lorraine C. Miller,Clerk.

May 16, 2007
Received; read twice and placed on the calendar