		II
		111th CONGRESS
		1st Session
		S. 3641
		IN THE SENATE OF THE UNITED STATES

			Mr. Whitehouse (for
			 himself, Ms. Snowe, and
			 Mr. Rockefeller) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To create the National Endowment for the
		  Oceans to promote the protection and conservation of United States ocean,
		  coastal, and Great Lakes ecosystems, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited as the National Endowment for the Oceans
			 Act.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Purpose.
					Sec. 3. Findings.
					Sec. 4. Definitions.
					Sec. 5. National Endowment for the Oceans.
					Sec. 6. Eligible uses.
					Sec. 7. Grant programs.
					Sec. 8. Council.
					Sec. 9. Annual report.

			2.PurposeThe purpose of this Act is to protect,
			 conserve, restore, and understand the oceans, coasts, and Great Lakes of the
			 United States, ensuring present and future generations will benefit from the
			 full range of ecological, economic, educational, social, cultural, nutritional,
			 and recreational opportunities these resources are capable of providing.
		3.FindingsCongress finds the following:
			(1)Covering more
			 than two-thirds of the Earth’s surface, the oceans and Great Lakes sustain a
			 large part of Earth’s biodiversity, provide an important source of food and
			 other natural products, act as a frontier for scientific exploration, are
			 critical to national security and economic well-being, and are a vital means of
			 transportation.
			(2)The coastal
			 regions of the United States have high biological productivity and contribute
			 approximately 50 percent of the gross domestic product of the United
			 States.
			(3)The oceans,
			 coasts, and Great Lakes are susceptible to change as a direct and indirect
			 result of human activities, which can inhibit ecosystem integrity and
			 productivity, biodiversity, environmental quality, national security, economic
			 competitiveness, availability of energy, resistance to natural hazards, and
			 transportation safety and efficiency.
			(4)Human pressure on
			 ocean, coastal, and Great Lakes resources is drastically increasing, with 50
			 percent of the population of the United States living within 50 miles of the
			 coast and, if population trends continue as expected, coastal development and
			 urbanization impacts will present serious challenges and increase our
			 vulnerability to coastal hazards.
			(5)The oceans,
			 coasts, and Great Lakes, and their resources are held in trust for the people
			 of the United States by Federal, State, local, and tribal governments, and
			 their conservation will benefit present and future generations.
			(6)A variety of
			 human activities have caused dramatic declines in the health and productivity
			 of ocean, coastal, and Great Lakes ecosystems of the United States,
			 including—
				(A)chemical,
			 nutrient, thermal, and biological pollution, including introduction of invasive
			 species, and introduction of marine debris;
				(B)unwise land use
			 and coastal development;
				(C)loss and
			 degradation of habitat, including upstream freshwater habitat for anadromous,
			 diadromous, and migratory fish species;
				(D)overfishing and
			 bycatch of nontarget marine species; and
				(E)global climate
			 change and ocean acidification.
				(7)Activities
			 harming ocean, coastal, and Great Lakes ecosystems jeopardize the economies and
			 social structure of communities dependent on resources from such
			 ecosystems.
			(8)While there is an
			 abundance of Federal, State, local, and tribal laws, government agencies, and
			 programs designed to study, observe, protect, and manage ocean, coastal, and
			 Great Lakes resources, activities thereunder are poorly coordinated and do not
			 constitute a unified and comprehensive public policy to enhance understanding,
			 protection, conservation, and restoration of the oceans, coasts, and Great
			 Lakes.
			(9)Improving and
			 coordinating Federal governance will require close partnership with States,
			 taking into account their public trust responsibilities, their economic and
			 ecological interests in ocean, coastal, and Great Lakes resources, and the role
			 of State and local governments in the implementation of policies governing
			 their use.
			(10)It is the
			 continuing mission of the Federal Government to create, foster, and maintain
			 conditions, incentives, policies, and programs that will ensure the sustainable
			 and effective conservation, management, and protection of the oceans, coasts,
			 and Great Lakes, including fostering greater scientific understanding of these
			 areas, in order to fulfill the responsibility of each generation as trustee in
			 protecting such resources and ensuring their availability for future
			 generations.
			(11)The oceans,
			 coasts, and Great Lakes of the United States, and their resources are dependent
			 upon and connected to those of other countries throughout the world, and
			 collaboration with international bodies and governments will help protect and
			 manage our shared and linked marine ecosystems and resources for the benefit of
			 the world’s population.
			(12)Programs that
			 facilitate greater collaboration and coordination among stakeholders and
			 strengthen the relationship between governmental and nongovernmental partners
			 will support our understanding of complex ecosystems and more effectively
			 leverage existing resources and expertise.
			(13)Supporting
			 science, research, monitoring, modeling, forecasting, exploration, and
			 assessment will continually improve the understanding of ocean, coastal, and
			 Great Lakes ecosystems.
			4.DefinitionsIn this Act:
			(1)Coastal
			 populationThe term coastal population means the
			 population of all political subdivisions, as determined by the most recent
			 official data of the Census Bureau, contained in whole or in part within the
			 designated coastal boundary of a State as defined in a State's coastal zone
			 management program under the Coastal Zone Management Act of 1972 (16 U.S.C.
			 1451 et seq.) as of the date of enactment of this Act.
			(2)Coastal
			 StateThe term coastal State has the meaning given
			 the term coastal state in section 304 of the Coastal Zone
			 Management Act of 1972 (16 U.S.C. 1453).
			(3)CouncilThe
			 term Council means the National Endowment for the Oceans Council
			 established under section 8.
			(4)EndowmentThe
			 term Endowment means the National Endowment for the Oceans
			 established under section 5.
			(5)Indian
			 tribeThe term Indian tribe has the meaning given
			 that term in section 4 of the Indian Self-Determination and Education
			 Assistance Act (25 U.S.C. 450b).
			(6)Local
			 governmentThe term local government means a
			 political subdivision all or part of which is within a coastal zone (as defined
			 in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C.
			 1453)).
			(7)Regional
			 planning bodyThe term regional planning body means
			 a regional entity that includes representatives of Federal and State agencies
			 and, if applicable, Indian tribes and indigenous community representatives,
			 with jurisdictional responsibilities or other interests (such as resource
			 management, science, homeland and national security, transportation, and public
			 health) for the development and implementation of regional coordination and
			 planning to understand, protect, maintain, and restore ocean, coastal, and
			 Great Lakes ecosystems.
			(8)SecretaryExcept
			 as otherwise specifically provided, the term Secretary means the
			 Secretary of Commerce.
			(9)Tidal
			 shorelineThe term tidal shoreline has the meaning
			 given that term pursuant to section 923.110(c)(2)(i) of title 15, Code of
			 Federal Regulations.
			5.National
			 Endowment for the Oceans
			(a)EstablishmentThere
			 is established in the Treasury of the United States a National Endowment for
			 the Oceans, to be administered by the Secretary and available without further
			 appropriation or fiscal year limitation, solely for use in accordance with the
			 requirements established under this Act.
			(b)Funding
				(1)Interest on
			 OSLTF investmentsAmounts credited to the Oil Spill Liability
			 Trust Fund under section 9602(b) of the Internal Revenue Code of 1986 for any
			 fiscal year beginning after fiscal year 2011 in which the average daily balance
			 of the Fund is $1,500,000,000 or more shall, notwithstanding any other
			 provision of law to the contrary, be transferred to the Endowment not later
			 than 90 days after the last day of such fiscal year.
				(2)Outer
			 continental shelf lease revenueSection 8 of the Outer
			 Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end
			 the following:

						(q)Deposits in the
				National Endowment for the OceansBeginning with fiscal year
				2011, the Secretary shall deposit 12.5 percent of the revenue generated under
				this section, excluding any revenue generated from Arctic drilling that begins
				after the date of the enactment of the National Endowment for the Oceans Act, in
				the National Endowment for the Oceans established by section 4(a) of the
				National Endowment for the Oceans
				Act.
						.
				(3)Revenues from
			 offshore renewable energy developmentBeginning with fiscal year
			 2011, the President shall ensure that 12.5 percent of the revenue generated by
			 offshore renewable energy development, authorized or permitted under any
			 provision of law, is deposited in the Endowment.
				(4)Fines collected
			 for violations of federal lawsBeginning with fiscal year 2011,
			 the President shall ensure that a portion of fines paid to the United States
			 for a violation of Federal law that occurs in the exclusive economic zone (as
			 defined in section 107 of title 46, United States Code) is deposited in the
			 Endowment.
				(5)Investment of
			 endowment amounts in interest-bearing obligationsThe Secretary
			 of the Treasury shall invest such a portion of the amounts in the Endowment as
			 are not required to meet current withdrawals, as determined by the Secretary of
			 the Treasury, in interest-bearing obligations of the United States in
			 accordance with section 9602 of the Internal Revenue Code of 1986.
				(6)Authorization
			 of appropriationsBeginning with fiscal year 2015, there is
			 authorized to be appropriated to the Endowment for any fiscal year in which the
			 sum of the amounts to be transferred to, and deposited in, the Endowment under
			 this subsection is estimated to be less than $100,000,000, an amount equal to
			 the difference between $100,000,000 and the estimated amount of such transfers
			 and deposits.
				(7)Savings
			 provisionNothing in this section shall decrease the amount any
			 State may receive pursuant to section 8(g) of the Outer Continental Shelf Lands
			 Act (43 U.S.C. 1337(g)) or section 105 of the Gulf of Mexico Energy Security
			 Act of 2006 (43 U.S.C. 1331 note).
				(c)AllocationOf
			 the amounts deposited in the Endowment for each fiscal year—
				(1)at least 49
			 percent shall be used by the Secretary to make grants to coastal States and
			 affected Indian tribes under section 7(a);
				(2)at least 19
			 percent shall be used by the Secretary to make grants to regional planning
			 bodies under section 7(b);
				(3)at least 29
			 percent shall be allocated by the Secretary to the Ocean Resources Conservation
			 and Assistance Grant Program established by section 7(c); and
				(4)not more than 3
			 percent may be used for administrative expenses to carry out the programs
			 created under this Act.
				6.Eligible
			 uses
			(a)In
			 generalAmounts in the
			 Endowment may be allocated by the Secretary only to fund grants for programs
			 and activities intended to restore, protect, maintain, or understand living
			 marine resources and their habitats and ocean, coastal, and Great Lakes
			 resources, including baseline scientific research, ocean observing, and other
			 programs and activities carried out in coordination with Federal and State
			 departments or agencies, that are consistent with Federal environmental laws
			 and that avoid environmental degradation, including—
				(1)ocean, coastal,
			 and Great Lakes restoration and protection, including the protection of the
			 environmental integrity of such areas, and their related watersheds, including
			 efforts to adapt to and withstand the impacts of global climate change;
				(2)restoration,
			 protection, or maintenance of living ocean, coastal, and Great Lakes resources
			 and their habitats, including marine protected areas and riparian migratory
			 habitat of coastal and marine species;
				(3)planning for and
			 managing coastal development to minimize the loss of life and property
			 associated with global climate change and the coastal hazards resulting from
			 global climate change;
				(4)analyses of
			 current and anticipated climate change and ocean acidification and assessment
			 of potential actions to minimize their harm to ocean, coastal, and Great Lakes
			 ecosystems;
				(5)analyses of, and
			 planning for, current and anticipated uses of ocean, coastal, and Great Lakes
			 areas and identification of areas most suitable for various types of classes of
			 activities and for restoration, protection, and maintenance of ecosystem health
			 and to reduce conflicts among uses, reduce environmental impacts, facilitate
			 compatible uses, and preserve critical ecosystem services to meet economic,
			 environmental, security, and social objectives;
				(6)regional,
			 subregional, and site-specific management efforts designed to manage, protect,
			 or restore ocean, coastal, and Great Lakes resources and ecosystems;
				(7)research,
			 assessment, monitoring, observation, modeling, and sharing of information that
			 contributes to the understanding of ocean, coastal, and Great Lakes ecosystems
			 and supports the purposes of this Act;
				(8)efforts to better
			 understand the processes that govern the fate and transport of petroleum
			 hydrocarbons released into the marine environment from natural and
			 anthropogenic sources, including spills;
				(9)acquiring
			 property or interests in property in coastal and estuarine areas if obtaining
			 such property is subject to terms and conditions that will ensure it will be
			 administered to support the purposes of this Act; and
				(10)protection and
			 relocation of critical coastal public infrastructure affected by erosion, sea
			 level rise, or impacts of global climate change.
				(b)Requirement for
			 State matching fundsAny amount from the Endowment provided to
			 fund a project described in paragraph (9) or (10) of subsection (a) may not
			 exceed 50 percent of the total project cost and may only be provided if the
			 State in which such project will be carried out provides the remainder of the
			 total project cost.
			(c)Considerations
			 for Great Lakes StatesPrograms and activities funded in Great
			 Lakes States shall also seek to attain the goals embodied in the Great Lakes
			 Restoration Initiative Plan, the Great Lakes Regional Collaboration Strategy,
			 the Great Lakes Water Quality Agreement, or other collaborative planning
			 efforts of the Great Lakes Region.
			7.Grant programs
			(a)Grants to coastal States
				(1)In
			 generalSubject to paragraphs (2), (3), and (4), the Secretary
			 shall make grants of amounts allocated under section 5(c)(1) to coastal States
			 or affected Indian tribes, based on the following formula:
					(A)Fifty percent of
			 the funds are allocated equally among coastal States that have a coastal
			 management program approved under the Coastal Zone Management Act of 1972 (16
			 U.S.C. 1451 et seq.).
					(B)Twenty-five
			 percent of the funds are allocated on the basis of the ratio of tidal shoreline
			 miles in a coastal State to the tidal shoreline miles of all coastal
			 States.
					(C)Twenty-five
			 percent of the funds are allocated on the basis of the ratio of coastal
			 population density of a coastal State to the coastal population density of all
			 coastal States.
					(2)Allocation to
			 Indian tribesAmounts allocated under paragraph (1)(A) shall be
			 allocated to affected Indian tribes based on, and directly proportional to, any
			 specific coastal and ocean management authority granted to an affected tribe
			 pursuant to affirmation of a Federal reserved right.
				(3)Maximum
			 allocation to StatesNotwithstanding paragraph (1), not more than
			 10 percent of the total funds distributed under this subsection may be
			 allocated to any single State. Any amount exceeding this limit shall be
			 redistributed among the remaining States according to the formula established
			 under paragraph (1).
				(4)Maximum
			 allocation to certain geographic areas
					(A)In
			 generalNotwithstanding paragraph (1), each geographic area
			 described in subparagraph (B) may not receive more than 1 percent of the total
			 funds distributed under this subsection. Any amount exceeding this limit shall
			 be redistributed among the remaining States according to the formula
			 established under paragraph (1).
					(B)Geographic
			 areas describedThe geographic areas described in this
			 subparagraph are the following:
						(i)American
			 Samoa.
						(ii)The Commonwealth
			 of the Northern Mariana Islands.
						(iii)Guam.
						(iv)Puerto
			 Rico.
						(v)The
			 Virgin Islands.
						(5)Requirement to
			 submit plansTo be eligible to receive a grant under this
			 subsection, a coastal State or Indian tribe shall submit, and the Secretary
			 shall review—
					(A)a 5-year plan,
			 which shall include—
						(i)a
			 prioritized list of goals the coastal State or Indian tribe intends to achieve
			 during the time period covered by the 5-year plan;
						(ii)general
			 descriptions of projects or activities, consistent with the eligible uses
			 described in section 6, that could contribute to realization of such
			 goals;
						(iii)criteria to
			 determine eligibility for entities which may receive grants under this
			 program;
						(iv)a
			 description of the competitive process the coastal State or Indian tribe will
			 use in allocating funds received from the Endowment; and
						(v)a
			 clearly defined application process requiring an applicant to show that—
							(I)its project or
			 activity is consistent with the eligible uses of the Endowment; and
							(II)it has
			 established and is capable of implementing measures to ensure the accurate
			 accounting for an appropriate administration of funds received; and
							(B)an annual work
			 plan which shall include—
						(i)a
			 detailed, specific, prioritized list of projects or activities to be funded
			 from the Endowment, and desired outcomes of those projects or
			 activities;
						(ii)for each project
			 or activity, a description of how such project or activity is consistent with
			 the eligible uses of the Endowment; and
						(iii)for each
			 project or activity, a schedule for completion and a description of how such
			 project or activity helps achieve the goals established in its 5-year
			 plan.
						(6)Opportunity for
			 public commentIn determining whether to approve a plan described
			 in paragraph (5)(A), the Secretary shall provide opportunity for, and take into
			 consideration, public input and comment on the plan.
				(7)Approval
			 procedure
					(A)In
			 generalThe Secretary shall notify a coastal State or Indian
			 tribe not later than 90 days after receiving a 5-year plan or annual work plan
			 that the Secretary—
						(i)approves the plan
			 as submitted;
						(ii)disapproves the
			 plan as submitted; or
						(iii)needs up to an
			 additional 30 days to further review the plan.
						(B)DisapprovalIf
			 the Secretary disapproves a proposed 5-year plan or annual work plan, the
			 Secretary shall provide notice of such disapproval to the submitting coastal
			 State or Indian tribe in writing, and include in such notice the rationale for
			 the Secretary’s decision. The submitting State shall resubmit the plan to the
			 Secretary not later than 30 days after receiving the notice of
			 disapproval.
					(C)Presumptive
			 approvalIf the Secretary fails to notify the coastal State or
			 Indian tribe within 120 days after receiving a 5-year plan or annual work plan
			 that the Secretary approves or disapproves the plan, or that the Secretary
			 needs additional time for review, the plan shall be deemed to have been
			 approved.
					(b)Grants to
			 regional planning bodies
				(1)In
			 generalThe Secretary shall use amounts allocated under section
			 5(c)(2) to award grants to Regional Planning Bodies to create and implement
			 Regional Strategic Plans, as described in this subsection.
				(2)Requirements
			 for planIn order to be eligible to receive a grant under this
			 subsection, a Regional Planning Body being considered for such a grant shall
			 submit an application that demonstrates how activities to be carried out with
			 grant funds would facilitate the creation or implementation of a Regional
			 Strategic Plan, as described in this subsection.
				(3)Regional
			 strategic plan
					(A)RequirementNot
			 later than 5 years after receiving a grant under this section, each Regional
			 Planning Body shall prepare and submit to the Secretary for review, a Regional
			 Strategic Plan.
					(B)ContentsEach
			 Regional Strategic Plan submitted under this paragraph shall—
						(i)be based on
			 initial assessments of—
							(I)the region’s
			 ocean, coastal, and Great Lakes ecosystem health determined through
			 science-based ecosystem assessments and through monitoring, and forecasting
			 physical, chemical, and biological ocean parameters;
							(II)the cultural and
			 economic role of the ocean, coasts, or Great Lakes in the region; and
							(III)existing,
			 emerging, and cumulative threats to ocean, coastal, and Great Lakes ecosystem
			 health of the region;
							(ii)specify
			 essential areas within the ocean, coastal, or Great Lakes region;
						(iii)describe
			 short-term and long-term—
							(I)goals for
			 improving ocean, coastal, and Great Lakes ecosystem health in the region
			 covered by the Plan, and
							(II)indicators of
			 improvements in economic sustainability in the region resulting from improved
			 ecosystem health and enhanced collaboration and coordination among Federal and
			 State agencies;
							(iv)include
			 recommendations for long-term observing and monitoring measures for the region
			 covered by the Plan;
						(v)identify Federal
			 and State priority issues within the region covered by the Plan;
						(vi)describe
			 potential management solutions and policies to address the priority
			 issues;
						(vii)identify
			 research, information, and data needed to carry out the Plan;
						(viii)identify
			 performance measures and benchmarks for purposes of clauses (ii) through (vi)
			 to evaluate the Plan’s effectiveness; and
						(ix)define
			 responsibilities and include an analysis of the gaps in authority,
			 coordination, and resources, including funding, that must be filled in order to
			 fully achieve those performance measures and benchmarks.
						(4)Public
			 participationEach Regional Planning Body shall provide adequate
			 opportunities for public input during the development of the Regional Strategic
			 Plan for the region and any revisions to such Plan.
				(5)Plan
			 revisionEach approved Regional Strategic Plan shall be reviewed
			 and revised by the appropriate Regional Planning Body at least once every 5
			 years. The revised Plan shall be submitted to the Secretary for review and
			 approval pursuant to paragraph (6).
				(6)Approval
			 procedure
					(A)In
			 generalNot later than 90 days after receiving a Regional
			 Strategic Plan from a Regional Planning Body, the Secretary shall notify the
			 Regional Planning Body that the Secretary—
						(i)approves the plan
			 as submitted;
						(ii)disapproves the
			 plan as submitted; or
						(iii)needs up to an
			 additional 30 days to further review the plan.
						(B)DisapprovalIf
			 the Secretary disapproves a proposed Regional Strategic Plan, the Secretary
			 shall provide notice of such disapproval to the submitting Regional Planning
			 Body in writing, and include in such notice the rationale for the Secretary’s
			 decision. The Regional Planning Body shall resubmit the Plan not later than 30
			 days after receiving such notice and rationale for initial disapproval.
					(C)Presumptive
			 approvalIf the Secretary fails to notify the Regional Planning
			 Body within 120 days after receipt of a submitted Regional Strategic Plan that
			 the Secretary approves or disapproves the plan, or that the Secretary needs
			 additional time for review, the plan shall be deemed to have been
			 approved.
					(7)Opportunity for
			 public commentIn determining whether to approve a Regional
			 Strategic Plan under this subsection, the Secretary shall provide opportunity
			 for, and take into consideration public input and comment on, the plans from
			 stakeholders and the general public.
				(c)National grants
			 for oceans, coasts, and Great Lakes
				(1)In
			 generalThe Secretary may use amounts allocated under section
			 5(c)(3) to make grants to support activities consistent with section 6.
				(2)Criteria for
			 entitiesThe Secretary, in consultation with the Council, shall
			 establish criteria to determine the type of entities eligible for grants under
			 this subsection, including—
					(A)coastal State,
			 noncoastal State, local, and affected Indian tribal governments and
			 agencies;
					(B)regional
			 agencies, associations, or organizations other than regional planning
			 bodies;
					(C)fishery or
			 wildlife management organizations;
					(D)nonprofit
			 organizations; and
					(E)academic
			 institutions.
					(3)ApprovalThe
			 Secretary shall—
					(A)review the
			 Council’s recommendations submitted under section 8(h);
					(B)subject to
			 approval, allocate amounts allocated under section 5(c)(3) on the basis of the
			 Council’s recommendations; and
					(C)if the Secretary
			 disapproves a grant recommended by the Council, explain that disapproval in
			 writing.
					(d)Authority of
			 the SecretaryThe Secretary, in consultation with the Secretary
			 of the Interior, the Administrator of the Environmental Protection Agency, the
			 Chair of the Council on Environmental Quality, the Director of the Office of
			 Science and Technology Policy, and the Director of the National Science
			 Foundation, shall establish and make available for public comment—
				(1)application and
			 review procedures for the grant programs described in subsections (a), (b), and
			 (c), including requirements ensuring any amounts provided pursuant to such
			 programs may only be used for an eligible use described under section 6;
				(2)performance
			 accountability and monitoring measures for programs and activities receiving
			 funding through the grant programs described in subsections (a), (b), and
			 (c);
				(3)procedures and
			 methods to ensure accurate accounting and appropriate administration for each
			 of the grant programs described in subsections (a), (b), and (c), including
			 standards of record-keeping;
				(4)procedures to
			 carry out audits of the Endowment as necessary, but not less frequently than
			 once every 5 years; and
				(5)procedures to
			 carry out audits of the recipients of grants under subsection (a), (b), or (c),
			 including States.
				8.Council
			(a)EstablishmentThe
			 Secretary shall establish a National Endowment for the Oceans Council which
			 shall consist of 7 members with expertise in the conservation and management of
			 ocean, coastal, and Great Lakes ecosystems and marine resources.
			(b)Membership;
			 appointmentThe members of the Council shall be as
			 follows:
				(1)Two
			 representatives of the National Oceanic and Atmospheric Administration,
			 appointed by the Administrator of the National Oceanic and Atmospheric
			 Administration.
				(2)One
			 representative of the Office of Water of the Environmental Protection Agency,
			 appointed by the Administrator of the Environmental Protection Agency.
				(3)One
			 representative of the United States Fish and Wildlife Service, appointed by the
			 Director of the United States Fish and Wildlife Service.
				(4)One
			 representative of the National Science Foundation, appointed by the Director of
			 the National Science Foundation.
				(5)One
			 representative of the Council on Environmental Quality, appointed by the Chair
			 of the Council on Environmental Quality.
				(6)One
			 representative of the United States Geological Survey, appointed by the
			 Director of the United States Geological Survey.
				(c)Term;
			 vacancy
				(1)TermThe
			 term of office of a member of the Council is 5 years, except that—
					(A)of the members
			 initially appointed under subsection (b)(1), 1 shall be appointed for a term of
			 4 years;
					(B)the member
			 initially appointed under paragraphs (2), (3), and (4) of subsection (b) shall
			 be appointed for a term of 3 years; and
					(C)the member
			 initially appointed under subsection (b)(5), shall be appointed for a term of 4
			 years.
					(2)VacancyWhenever
			 a vacancy occurs among members of the Council, the Secretary, or the head of
			 the appropriate agency shall appoint an individual to fill that vacancy for the
			 remainder of the applicable term.
				(d)Chair
				(1)In
			 generalThe Council shall elect a chair from among its
			 members.
				(2)TermThe
			 chair shall serve for a 3-year term, except that the first chair may be elected
			 for a term of less than 3 years, as determined by the Council.
				(e)QuorumFive
			 members of the Council shall constitute a quorum for the transaction of
			 business.
			(f)Meetings
				(1)In
			 generalThe Council shall meet at the call of the chair, but in
			 no case less frequently than twice each year.
				(2)Public
			 accessMeetings of the Council shall be open to the public, and
			 the chair shall take appropriate steps to provide adequate notice to the public
			 of the time and place of such meetings.
				(3)Failure to
			 attendIf a Council member misses 3 consecutively scheduled
			 meetings, the Secretary may revoke that member's appointment to the
			 Council.
				(g)Staff
				(1)EmploymentThe
			 Secretary may employ and fix the compensation of staff, as the Council
			 determines necessary, to carry out such duties as the Council may require and,
			 with assistance from the National Oceanic and Atmospheric Administration,
			 facilitate consideration of grant applications and otherwise assist the Council
			 in carrying out its responsibilities.
				(2)Pay and
			 benefitsThe pay and benefits of the staff shall be derived from
			 amounts available from the Endowment for administrative costs subject to
			 section 5(c)(4).
				(3)Status as
			 federal employees
					(A)In
			 generalExcept as provided in subparagraph (B), employees of the
			 Council shall be considered Federal employees only for purposes of—
						(i)injury
			 compensation as provided in chapter 81 of title 5, United States Code, and tort
			 claims liability under chapter 171 of title 28, United States Code;
						(ii)the Ethics in
			 Government Act of 1978 (5 U.S.C. App.) and the provisions of chapter 11 of
			 title 18, United States Code; and
						(iii)any other
			 statute or regulation governing the conduct of Federal employees.
						(B)ExceptionNotwithstanding
			 subparagraph (A), section 208(a) of title 18, United States Code, shall not
			 apply to such an individual if, after review of the financial disclosure report
			 filed by the individual pursuant to the Ethics in Government Act of 1978 (5
			 U.S.C. App.), the Secretary, or the Secretary’s designee, certifies in writing
			 that the need for the individual’s services outweighs the potential for a
			 conflict of interest created by the financial interest involved.
					(h)FunctionsThe
			 Council shall—
				(1)receive and
			 review, according to procedures established under section 7(d)(1), applications
			 for grants under subsections (b) and (c) of section 7; and
				(2)submit to the
			 Secretary a list of recommended applications for such grants, consistent with
			 existing Federal ocean policy and criteria established under this Act, and
			 include—
					(A)a recommended
			 priority order for funding such applications;
					(B)the amount of the
			 grant each such application should receive; and
					(C)any specific
			 requirements, conditions, or limitations for such an application recommended
			 for funding under this Act.
					(i)Advisory
			 panelIn reviewing applications for grants under subsections (b)
			 and (c) of section 7, the Council shall establish an external review process
			 through working groups or by other means, including consultation with persons
			 representing—
				(1)a balanced and
			 diverse range of ocean, coastal, and Great Lakes dependent industries;
				(2)a balanced and
			 diverse range of regions;
				(3)representatives
			 of nonprofit conservation organizations with a mission that includes the
			 conservation and protection of living marine resources and their habitats;
			 and
				(4)representatives
			 of academia with strong scientific or technical credentials and experience in
			 marine science or policy.
				9.Annual
			 report
			(a)Requirement for
			 annual reportBeginning with
			 fiscal year 2012, not later than 60 days after the end of each fiscal year, the
			 Secretary shall submit a report on the operation of the Endowment during the
			 fiscal year to the Committee on Commerce, Science, and Transportation of the
			 Senate and the Committee on Natural Resources of the House of
			 Representatives.
			(b)ContentEach annual report submitted under
			 subsection (a) for a fiscal year shall include—
				(1)a statement of
			 the amounts deposited in the Endowment and the balance remaining in the
			 Endowment at the end of the fiscal year;
				(2)a description of
			 the expenditures made from the Endowment for the fiscal year, including the
			 purpose of the expenditures; and
				(3)recommendations
			 for additional authority necessary to fulfill the purpose of the
			 Endowment.


116 HR 3437 IH: Saving Transit Art Resources Act
U.S. House of Representatives
2019-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3437IN THE HOUSE OF REPRESENTATIVESJune 24, 2019Ms. Adams (for herself, Ms. Pingree, Mr. Kilmer, Mr. Blumenauer, Ms. Titus, and Mr. Grijalva) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend title 49, United States Code, to allow certain funds to be used for incremental costs of
			 incorporating art into facilities, and for other purposes.

 1.Short titleThis Act may be cited as the Saving Transit Art Resources Act or the STAR Act. 2.Allowing art (a)In generalSection 5323(h) of title 49, United States Code, is amended—
 (1)in paragraph (1) by inserting or after the semicolon; (2)by striking paragraph (2); and
 (3)by redesignating paragraph (3) as paragraph (2). (b)No special ruleSection 5309 of such title is amended by striking subsection (p).


		I
		112th CONGRESS
		2d Session
		H. R. 4919
		IN THE HOUSE OF REPRESENTATIVES

			April 26, 2012
			Mr. Gene Green of
			 Texas introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on
		  Para-methoxyphenol.

		1.Para-methoxyphenol
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Para-methoxyphenol or hydroquinone monomethylether (CAS No.
						150–76–5) (provided for in subheading 2909.50.50)FreeNo
						changeNo changeOn or before 12/31/2015

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


117 HR 1667 IH: Dr. Lorna Breen Health Care Provider Protection Act
U.S. House of Representatives
2021-03-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1667IN THE HOUSE OF REPRESENTATIVESMarch 8, 2021Ms. Wild (for herself, Mr. McKinley, Mr. Krishnamoorthi, Mr. Upton, Ms. Chu, Mr. Griffith, Ms. Stevens, Mr. Fitzpatrick, Mr. Case, Mr. Van Drew, Mrs. Napolitano, Mr. Timmons, Mr. Suozzi, Ms. Lee of California, and Mr. Stanton) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo address behavioral health and well-being among health care professionals.1.Short titleThis Act may be cited as the Dr. Lorna Breen Health Care Provider Protection Act.2. Behavioral health and well-being training for health care professionalsSubpart 1 of part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the following:764.Behavioral health and well-being training for health care professionals(a)Grant programThe Secretary shall establish a program to award grants to health professions schools, academic health centers, State or local governments, or other appropriate public or private nonprofit entities for funding and participation in health professions and nursing training activities for the training of health care students, residents, or professionals in evidence-informed strategies to reduce and prevent suicide, burnout, behavioral health conditions, including mental health conditions and substance use disorders, among health care professionals, and in evidence-informed strategies to improve health care professionals’ well-being and job satisfaction.(b)EligibilityTo be eligible for a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.(c)Reporting requirementEach entity awarded a grant under this section shall periodically submit to the Secretary a report evaluating the activities supported by the grant.(d)Best practicesThe Secretary may identify and disseminate evidence-informed best practices for reducing and preventing suicide and burnout among health care professionals, and training health care professionals in appropriate strategies and promoting their mental and behavioral health and job satisfaction. Such best practices shall include specific recommendations for reducing and preventing suicide, burnout, and other mental and behavioral health concerns among health care professionals during or in the aftermath of a pandemic, natural disaster, or other crisis.(e)Authorization of appropriationsTo carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2022 through 2026..3.Education and awareness campaign encouraging use of mental and behavioral health services by health care professionals(a)In generalThe Secretary of Health and Human Services (referred to in this section as the Secretary), acting through the Director of the Centers for Disease Control and Prevention, and in consultation with the medical professional community, shall establish a national evidence-based education and awareness campaign targeting health care professionals to encourage such professionals to seek support and treatment for their own mental and behavioral health concerns, help such professionals identify risk factors in themselves and others and learn how best to respond to such risks, with the goal of reducing or preventing suicide, burnout, and mental and behavioral health conditions, and to address stigma associated with seeking mental and behavioral health support and treatment.(b)ReportingNot later than 2 years after the date of enactment of this Act, the Secretary shall provide an update on the campaign’s progress, including a plan for evaluation that includes quantitative and qualitative metrics, and a media and dissemination plan, to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives.(c)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.4.Grants for health care providers to promote mental and behavioral health among their health professional workforceSubpart 1 of part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.), as amended by section 2, is further amended by adding at the end the following:764A.Grants for health care providers to promote mental and behavioral health among their health professional workforce(a)In generalThe Secretary shall award grants to health care providers, including medical professional associations, to establish or expand evidence-informed programs dedicated to promoting mental and behavioral health among their employees (including contractors) or members who are working on the front lines of the SARS–CoV–2 pandemic.(b)Use of grant fundsA health care provider awarded a grant under subsection (a) shall use amounts under the grant to implement a new program or protocol or expand an existing program or protocol to promote mental and behavioral health among employees (including contractors) or members who have previously treated or otherwise served, or are currently treating or otherwise serving, patients diagnosed with COVID–19, which may include any of the following:(1)Educating employees, including contractors, or membership about risk factors for and signs of self-harm and suicide and mental and behavioral health conditions in accordance with evidence-based practices and standards.(2)Establishing new or enhancing existing evidence-based programs or protocols for preventing mental and behavioral health conditions, suicide, or self-harm.(3)Establishing new or enhancing existing peer-support programs among employees (including contractors) or members.(4)Mental and behavioral health treatment, follow up services and care, or referral for such services identified as appropriate as a result of the screenings or prevention programs and protocol described in paragraphs (1) and (2).(c)Grant TermsA grant awarded under subsection (a)—(1)shall be for a period of 3 years; and(2)may be renewed subject to the requirements of this section.(d)Application submissionA health care provider seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.(e)PriorityPriority shall be given to applications from health care providers located in current or former COVID–19 hotspots, as determined by the Secretary or health care providers which have diagnosed or treated a higher share of COVID–19 patients, as determined by the Secretary.(f)ReportingA health care provider awarded a grant under subsection (a) shall periodically submit to the Secretary a report evaluating the activities supported by the grant.(g)Authorization of appropriationsTo carry out this section, there is authorized to be appropriated $50,000,000 for the period of fiscal years 2022 through 2024..5.Comprehensive study on health care professional mental and behavioral health and burnoutSubpart 1 of part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.), as amended by section 4, is further amended by adding at the end the following:764B.Comprehensive study on health care professional mental and behavioral health and burnout(a)In generalThe Secretary, in consultation with stakeholders, shall conduct a review and submit recommendations to Congress on policies to improve health care professional mental health and prevent burnout.(b)ConsiderationsThe study under subsection (a) shall focus on identifying—(1)the factors that contribute to mental and behavioral health conditions and burnout among health care professionals;(2)the barriers to seeking and accessing mental and behavioral health treatment for health care professionals, including stigma and concerns about licensing and credentialing;(3)the implications of poor mental and behavioral health and burnout among health care professionals for the health care system, the health care workforce, and patient outcomes;(4)the impact of the SARS–CoV–2 pandemic on the mental and behavioral health of health care professionals and related preparedness strategies for future health emergencies;(5)the factors that promote mental and behavioral health and resiliency among health care professionals, including programs or protocols that strengthen mental and behavioral health or prevent burnout among health care professionals; and(6)the efficacy of health professional training programs that promote resiliency and improve mental health.(c)RecommendationsThe study required under subsection (a) shall include recommendations related to—(1)improving mental and behavioral health and preventing burnout among health care professionals;(2)removing barriers to mental and behavioral health care for health care professionals; and(3)strategies to promote resiliency among health care professionals and other employees and contractors in health care settings.(d)CompletionThe Secretary shall ensure that the study under subsection (a) is completed and submitted to Congress and made publicly available not later than 3 years after the date of enactment of this section. (e)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $3,000,000 for the period of fiscal years 2022 through 2024..


IV
108th CONGRESS
2d Session
H. CON. RES. 513
IN THE HOUSE OF REPRESENTATIVES

October 7, 2004
Mr. Crowley submitted the following concurrent resolution; which was referred to the Committee on Education and the Workforce

CONCURRENT RESOLUTION
Commending the first United States kindergarten, established in College Point, New York, and for other purposes.

Whereas in 1854, Conrad Poppenhusen, a successful businessman from Germany, built a factory in College Point, Queens, New York, and, breaking with many entrepreneurs of his time, worked to create an environment beneficial to the immigrant community, which included schools;
Whereas the Poppenhusen Institute was established in 1868 with a $100,000 donation;
Whereas the Poppenhusen Institute began as a free adult evening school for the residents of Flushing Town and was to serve the fundamental educational needs of the community;
Whereas in 1870, the Poppenhusen Institute expanded its services to serve as the first free kindergarten in the United States for the children of Mr. Poppenhusen’s factory and the community;
Whereas children who attend kindergarten demonstrate higher levels of reading and mathematics knowledge and skills, and have far greater cognitive and social skills, than children who do not attend kindergarten;
Whereas a number of studies, including studies commissioned by the Department of Education, demonstrate that children enrolled in kindergarten more rapidly acquire the knowledge and skills integral to succeed in school and life;
Whereas the United States is a stronger, better place because of the children across the Nation who are able to enrich their academic and social development through free, public kindergartens;
Whereas kindergarten is often the first common ground where students from a myriad of cultural, economic, racial, and religious backgrounds come together to learn about their world, each other, and themselves;
Whereas over 3,800,000 American children are enrolled in kindergarten throughout the Nation; and
Whereas universal, free, high-quality kindergarten must be accessible to all of the Nation’s children, both for the benefits provided to the children and the benefits provided to society at large: Now, therefore, be it

That the Congress—
(1)commends the Poppenhusen Institute and the College Point community for establishing the first free kindergarten in the United States; and
(2)supports the strong beginning provided by kindergartens across the United States to the Nation’s children.


117 S1427 IS: Increasing Access to Biosimilars Act of 2021
U.S. Senate
2021-04-28
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.

II117th CONGRESS1st SessionS. 1427IN THE SENATE OF THE UNITED STATESApril 28, 2021Mr. Cornyn (for himself and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo establish a demonstration project to increase access to biosimilar biological products under the Medicare program.1.Short titleThis Act may be cited as the Increasing Access to Biosimilars Act of 2021.2. Demonstration project to increase access to biosimilar biological products under the Medicare program(a)EstablishmentBeginning not later than 1 year after the date of enactment of this Act, the Secretary shall establish and implement a 5-year nationwide demonstration project under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) to evaluate the benefits of providing a shared savings payment for biosimilar biological products furnished under such part. At the discretion of the Secretary, the demonstration project may be extended for an additional 2 years past the initial 5-year period.(b)Participation(1)In generalParticipation in the demonstration project shall be voluntary and a participating provider may terminate participation at any time and the Secretary may terminate the participation of such a provider at any time for failure to comply with the requirements of the demonstration project.(2)Application and selectionTo participate in the demonstration project, an eligible provider shall submit to the Secretary an application in such form and manner and containing such information as specified by the Secretary. Each eligible provider who submits such an application shall be selected by the Secretary for participation under the demonstration project.(3)Participation in innovation center modelsParticipation in the demonstration project shall not preclude an eligible provider from also participating in any model authorized under section 1115A of the Social Security Act (42 U.S.C. 1315a), including the Oncology Care Model and the Oncology Care First Model, or impact metrics or expenditures with respect to an eligible provider under any model authorized under such section.(c)CoverageExcept as otherwise provided in this section, payment may be made under the demonstration project for a biosimilar biological product only if such product is covered under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) and such payment shall be made in the same manner as payment is provided for such a product under such part.(d)Additional payment(1)In generalSubject to paragraphs (2) and (3), in addition to the amount of payment that would otherwise be made under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) for a biosimilar biological product furnished or dispensed by a participating provider to a Medicare beneficiary under the demonstration project, there shall be made an additional payment, in an amount determined by the Secretary, that reflects a portion of any difference between such amount of payment under such part, as compared to the amount of payment that would have been made under such part if the reference biological product had been furnished or dispensed to the beneficiary.(2)Medicare Beneficiary Coinsurance LiabilityThe additional payment provided under paragraph (1) shall not be taken into account when determining the amount of coinsurance under section 1833(a)(1)(S) of the Social Security Act (42 U.S.C. 1395l(a)(1)(S)) for a biosimilar biological product furnished or dispensed to a Medicare beneficiary by a participating provider under the demonstration project. The Secretary may use a portion of the difference described in such paragraph to waive or reduce the amount of coinsurance otherwise applicable under such section for such a biosimilar biological.(3)Exception to Additional PaymentA participating provider may only receive the additional payment described in paragraph (1) with respect to a biosimilar biological product furnished or dispensed by the participating provider to a Medicare beneficiary under the demonstration project, if the amount of payment determined under section 1847A of the Social Security Act (42 U.S.C. 1395w–3a) for the biosimilar biologic product is less than the amount of payment determined under such section for the reference biological product.(e)Waiver authorityThe Secretary may waive such requirements of titles XI and XVIII of the Social Security Act (42 U.S.C. 1301 et seq., 1395 et seq.) as may be necessary to carry out the demonstration project.(f)Data collection(1)In generalThe Secretary shall collect data on the sex, race, ethnicity, and geographic and socioeconomic characteristics of Medicare beneficiaries to whom a biosimilar biological product is furnished or dispensed by a participating provider under the demonstration project.(2)ConsiderationThe Secretary shall take into account data collected under paragraph (1) in evaluating the demonstration project in each of the reports submitted under subsection (g). (g)Reports(1)Interim evaluation and reportNot later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that contains an analysis of the appropriateness of expanding or extending the demonstration project and, to the extent such analysis determines such an expansion or extension appropriate, recommendations for such expansion or extension, respectively.(2)Evaluation and reportNot later than 1 year after the date of completion of the demonstration project, the Secretary shall submit to Congress a report that contains a final analysis of the project and recommendations described in paragraph (1).(h)DefinitionsIn this section:(1)Biosimilar biological productThe term biosimilar biological product has the meaning given that term in section 1847A(c)(6)(H) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(H)).(2)Demonstration projectThe term demonstration project means the demonstration project conducted under this section.(3)Eligible providerThe term eligible provider means a provider of services or supplier that is eligible to receive payment under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) for furnishing or dispensing a biosimilar biological product.(4)Medicare beneficiaryThe term Medicare beneficiary means an individual who is enrolled for benefits under such part.(5)Participating providerThe term participating provider means an eligible provider that has been selected for participation under the project under subsection (b)(2) and with respect to whom such participation has not been terminated.(6)Reference biological productThe term reference biological product has the meaning given that term in section 1847A(c)(6)(I) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(I)).(7)SecretaryThe term Secretary means the Secretary of Health and Human Services.


111 HR 152 IH: Home Heating Fuels Cost Relief Act of 2009
U.S. House of Representatives
2009-01-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		111th CONGRESS
		1st Session
		H. R. 152
		IN THE HOUSE OF REPRESENTATIVES

			January 6, 2009
			Mrs. McCarthy of New
			 York (for herself, Mr.
			 Hinchey, Ms. Sutton,
			 Mr. Weiner,
			 Mr. Cohen,
			 Mr. Carney, and
			 Mr. Sires) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means, and in addition to the Committee on
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend the Internal Revenue Code to provide for a
		  refundable tax credit for heating fuels and to create a grant program for
		  States to provide individuals with loans to weatherize their
		  homes.

		1.Short titleThis Act may be cited as the
			 Home Heating Fuels Cost Relief Act of
			 2009.
		2.Refundable credit
			 for certain individuals using home heating fuels
			(a)In
			 generalSubpart C of part IV
			 of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to
			 refundable credits) is amended by redesignating section 37 as section 38 and by
			 inserting after section 36 the following new section:

					37.Use of home heating
				fuels in homes
						(a)Allowance of
				creditIn the case of an
				eligible individual, there shall be allowed to the taxpayer as a credit against
				the tax imposed by this chapter for the taxable year an amount equal to amounts
				paid or incurred by the taxpayer during the taxable year for heating oil,
				natural gas, and propane to heat the principal place of abode of the
				taxpayer.
						(b)Limitations
							(1)Limitation based
				on dollar amountThe amount allowed as a credit under subsection
				(a) for a taxable year shall not exceed $1,000 ($2,000 in the case of a joint
				return).
							(2)Limitation based
				on adjusted gross incomeNo amount shall be allowed as a credit
				under subsection (a) for a taxable year in the case of a taxpayer whose
				adjusted gross income exceeds $100,000 ($200,000 in the case of a joint
				return).
							(c)Eligible
				Individual
							(1)In
				generalFor purposes of this section, the term eligible
				individual means any individual whose principal place of abode is in
				the United States.
							(2)ExceptionExcept
				as provided in paragraph (3), such term shall not include any
				individual—
								(A)who is not a
				citizen or lawful permanent resident of the United States, or
								(B)with respect to
				whom a deduction under section 151 is allowed to another taxpayer for a taxable
				year beginning in the calendar year in which such individual’s taxable year
				begins.
								(3)Special rule for
				married individualsIn the case of persons married to each other,
				if one spouse is an eligible individual, the other spouse shall be treated as
				an eligible individual for purposes of this subsection.
							(d)Denial of Double
				BenefitFor purposes of this
				section, no credit shall be allowed under subsection (a) for any expense for
				which a deduction or credit is allowed under any other provision of this
				chapter.
						(e)TerminationThis
				section shall not apply to any taxable year beginning after December 31,
				2009.
						.
			(b)Conforming
			 amendmentParagraph (2) of section 1324(b) of title 31, United
			 States Code, is amended by inserting 37, after
			 36,.
			(c)Clerical
			 amendmentThe table of
			 sections for subpart C of part IV of subchapter A of chapter 1 of the Internal
			 Revenue Code of 1986 is amended by striking the item relating to section 37 and
			 inserting the following new items:

						Sec. 37. Use of home heating
				fuels in homes.
						Sec. 38. Overpayments of
				tax.

					.
			(d)Effective
			 dateThe amendments made by
			 this section shall apply to taxable years beginning after December 31,
			 2007.
			3.Grants to States to
			 create home weatherization loan programs
			(a)In
			 generalThe Secretary shall
			 carry out a program to make grants to States in accordance with this section to
			 create revolving loan funds to provide eligible individuals with loans to
			 purchase weatherization materials for the purpose of weatherizing the principal
			 place of abode of the individual.
			(b)Establishment of
			 fundTo be eligible to receive a grant under this section, a
			 State shall establish a weatherization revolving loan fund (referred to in this
			 section as the State loan fund) and comply with the other
			 requirements of this section. Each grant to a State under this section shall be
			 deposited in the State loan fund established by the State.
			(c)Applications
				(1)In
			 generalThe Secretary shall
			 issue requirements for applying for grants under this section.
				(2)Determination of
			 grant amountsIn determining the amount of the grant awarded to a
			 State, the Secretary shall consider—
					(A)the incidence of extreme winter or summer
			 temperatures within the State;
					(B)the average age of
			 homes within the State; and
					(C)such other factors
			 as the Secretary determines are appropriate.
					(d)Program
			 requirements
				(1)Use of
			 funds
					(A)In
			 generalAmounts deposited in
			 a State loan fund, including loan repayments and interest earned on such
			 amounts, shall be used only for providing loans to eligible individuals to
			 purchase weatherization materials for the purpose of weatherizing the principal
			 place of abode of the individual.
					(B)Loan amount
			 limitations
						(i)IndividualsSubject
			 to clause (ii), the total amount of all loans made from the State loan fund to
			 an eligible individual during a calendar year may not exceed $5,000.
						(ii)DwellingThe
			 combined amount of all loans made from the State loan fund to eligible
			 individuals living within a single dwelling during a calendar year may not
			 exceed $10,000.
						(C)Income
			 limitation and interest rates
						(i)For
			 an eligible individual with adjusted gross income for the previous taxable year
			 of $100,000 or less, the annual interest rate for each loan shall be 1
			 percent.
						(ii)For an eligible individual with adjusted
			 gross income for the previous taxable year of more than $100,000 but no more
			 than $200,000, the annual interest rate for each loan shall be 2
			 percent.
						(iii)An eligible individual making more than
			 $200,000 is not eligible for a loan made from the State loan fund.
						(D)Loan
			 repaymentIn order to receive
			 a loan from a State loan fund, an eligible individual must enter into an
			 agreement with the State to repay the full amount of the loan, plus interest,
			 not more than 2 years after the date on which the individual receives the loan
			 funds.
					(2)Annual
			 reportEach State receiving a
			 grant under this section shall submit an annual report to the Secretary
			 detailing the use of funds from the State loan fund.
				(e)Report to
			 CongressThe Secretary shall
			 submit an annual report to the Congress detailing the distribution of grant
			 funds, including a copy of each report submitted to the Secretary pursuant to
			 subsection (d)(2).
			(f)DefinitionsFor purposes of this section:
				(1)Eligible
			 individualThe term eligible individual means an
			 individual—
					(A)whose principal place of abode is in the
			 United States;
					(B)who is a citizen or lawful permanent
			 resident of the United States; and
					(C)with respect to whom a deduction under
			 section 151 is not allowed to another taxpayer for a taxable year beginning in
			 the calendar year in which such individual’s taxable year begins.
					(2)SecretaryThe
			 term Secretary means the Secretary of the Treasury.
				(3)Weatherization
			 materialsThe term weatherization materials
			 means—
					(A)caulking and
			 weatherstripping of doors and windows;
					(B)furnace efficiency
			 modifications, including, but not limited to—
						(i)replacement
			 burners, furnaces, or boilers or any combination thereof;
						(ii)devices for
			 minimizing energy loss through heating system, chimney, or venting devices;
			 and
						(iii)electrical or
			 mechanical furnace ignition systems which replace standing gas pilot
			 lights;
						(C)clock
			 thermostats;
					(D)ceiling, attic,
			 wall, floor, and duct insulation;
					(E)water heater
			 insulation;
					(F)storm windows and
			 doors, multiglazed windows and doors, heat-absorbing or heat-reflective window
			 and door materials;
					(G)cooling efficiency
			 modifications, including, but not limited to, replacement air-conditioners,
			 ventilation equipment, screening, window films, and shading devices;
					(H)solar thermal
			 water heaters;
					(I)wood-heating
			 appliances; and
					(J)such other
			 insulating or energy conserving devices or technologies as the Secretary may
			 determine, after consulting with the Secretary of Housing and Urban
			 Development, the Secretary of Agriculture, and the Director of the Community
			 Services Administration.
					(g)Authorization of
			 appropriationsThere are authorized to be appropriated to the
			 Secretary such sums as may be necessary to carry out this section.


117 S1257 IS: AI Scholarship-for-Service Act
U.S. Senate
2021-04-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
117th CONGRESS1st Session
S. 1257
IN THE SENATE OF THE UNITED STATES

April 20, 2021
Mr. Peters (for himself and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL
To establish a Federal artificial intelligence scholarship-for-service program.

1.Short titleThis Act may be cited as the AI Scholarship-for-Service Act. 2.Federal Artificial Intelligence Scholarship-for-Service Program (a)DefinitionsIn this section:
(1)Artificial intelligenceThe term artificial intelligence or AI has the meaning given the term artificial intelligence in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note). (2)Executive agencyThe term executive agency has the meaning given the term Executive agency in section 105 of title 5, United States Code.
(3)Registered internshipThe term registered internship means a Federal Registered Internship Program coordinated through the Department of Labor. (b)In generalThe Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management, the Director of the National Institute of Standards and Technology, and the heads of other agencies with appropriate scientific knowledge, shall establish a Federal artificial intelligence scholarship-for-service program (referred to in this section as the Federal AI Scholarship-for-Service Program) to recruit and train artificial intelligence professionals to lead and support the application of artificial intelligence to the missions of Federal, State, local, and Tribal governments.
(c)Qualified institution of higher educationThe Director of the National Science Foundation, in coordination with the heads of other agencies with appropriate scientific knowledge, shall establish criteria to designate qualified institutions of higher education that shall be eligible to participate in the Federal AI Scholarship-for-Service program. Such criteria shall include— (1)measures of the institution's demonstrated excellence in the education of students in the field of artificial intelligence; and
(2)measures of the institution's ability to attract and retain a diverse and non-traditional student population in the fields of science, technology, engineering, and mathematics, which may include the ability to attract women, minorities, and individuals with disabilities.  (d)Program description and componentsThe Federal AI Scholarship-for-Service Program shall—
(1)provide scholarships through qualified institutions of higher education to students who are enrolled in programs of study at institutions of higher education leading to degrees or concentrations in or related to the artificial intelligence field; (2)provide the scholarship recipients with summer internship opportunities, registered internships, or other meaningful temporary appointments in the Federal workforce focusing on artificial intelligence (referred to in this section as AI) projects or research;
(3)prioritize the employment placement of scholarship recipients in executive agencies;  (4)identify opportunities to promote multi-disciplinary programs of study that integrate basic or advanced AI training with other fields of study, including those that address the social, economic, legal, and ethical implications of human interaction with AI systems; and
(5)support capacity-building education research programs that will enable postsecondary educational institutions to expand their ability to train the next-generation AI workforce, including AI researchers and practitioners. (e)Scholarship amountsEach scholarship under subsection (d) shall be in an amount that covers the student’s tuition and fees at the institution for not more than 3 years and provides the student with an additional stipend.
(f)Post-Award employment obligationsEach scholarship recipient, as a condition of receiving a scholarship under the program, shall enter into an agreement under which the recipient agrees to work for a period equal to the length of the scholarship, following receipt of the student’s degree, in the AI mission of— (1)an executive agency;
(2)Congress, including any agency, entity, office, or commission established in the legislative branch; (3)an interstate agency;
(4)a State, local, or Tribal government, which may include instruction in AI-related skill sets in a public school system; or (5)a State, local, or Tribal government-affiliated nonprofit that is considered to be critical infrastructure (as defined in section 1016(e) of the USA Patriot Act (42 U.S.C. 5195c(e))).
(g)Hiring authority
(1)Appointment in excepted serviceNotwithstanding any provision of chapter 33 of title 5 governing appointments in the competitive service, an executive agency shall appoint in the excepted service an individual who has completed the eligible degree program for which a scholarship was awarded. (2)Noncompetitive conversionExcept as provided in paragraph (4), upon fulfillment of the service term, an employee appointed under paragraph (1) may be converted noncompetitively to term, career-conditional or career appointment.
(3)Timing of conversionAn executive agency may noncompetitively convert a term employee appointed under paragraph (2) to a career-conditional or career appointment before the term appointment expires. (4)Authority to decline conversionAn executive agency may decline to make the noncompetitive conversion or appointment under paragraph (2) for cause.
(h)EligibilityTo be eligible to receive a scholarship under this section, an individual shall— (1)be a citizen or lawful permanent resident of the United States;
(2)demonstrate a commitment to a career in advancing the field of AI; (3)be—
(A)a full-time student in an eligible degree program at a qualified institution of higher education, as determined by the Director of the National Science Foundation; (B)a student pursuing a degree on a less than full-time basis, but not less than half-time basis; or
(C)an AI faculty member on sabbatical to advance knowledge in the field; and (4)accept the terms of a scholarship under this section.
(i)Conditions of support
(1)In generalAs a condition of receiving a scholarship under this section, a recipient shall agree to provide the qualified institution of higher education with annual verifiable documentation of post-award employment and up-to-date contact information. (2)TermsA scholarship recipient under this section shall be liable to the United States as provided in subsection (k) if the individual—
(A)fails to maintain an acceptable level of academic standing at the applicable institution of higher education, as determined by the Director of the National Science Foundation; (B)is dismissed from the applicable institution of higher education for disciplinary reasons;
(C)withdraws from the eligible degree program before completing the program; (D)declares that the individual does not intend to fulfill the post-award employment obligation under this section; or
(E)fails to fulfill the post-award employment obligation of the individual under this section. (j)Monitoring complianceAs a condition of participating in the program, a qualified institution of higher education shall—
(1)enter into an agreement with the Director of the National Science Foundation, to monitor the compliance of scholarship recipients with respect to their post-award employment obligations; and (2)provide to the Director of the National Science Foundation, on an annual basis, the post-award employment documentation required under subsection (i)(1) for scholarship recipients through the completion of their post-award employment obligations.
(k)Amount of repayment
(1)Less than 1 year of serviceIf a circumstance described in subsection (i)(2) occurs before the completion of 1 year of a post-award employment obligation under this section, the total amount of scholarship awards received by the individual under this section shall— (A)be repaid; or
(B)be treated as a loan to be repaid in accordance with subsection (l). (2)1 or more years of serviceIf a circumstance described in subparagraph (D) or (E) of subsection (i)(2) occurs after the completion of 1 or more years of a post-award employment obligation under this section, the total amount of scholarship awards received by the individual under this section, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall—
(A)be repaid; or (B)be treated as a loan to be repaid in accordance with subsection (l).
(l)RepaymentsA loan described in subsection (k) shall— (1)be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.); and
(2)be subject to repayment, together with interest thereon accruing from the date of the scholarship award, in accordance with terms and conditions specified by the Director of the National Science Foundation (in consultation with the Secretary of Education). (m)Collection of repayment (1)In generalIn the event that a scholarship recipient is required to repay the scholarship award under this section, the qualified institution of higher education providing the scholarship shall—
(A)determine the repayment amounts and notify the recipient and the Director of the National Science Foundation of the amounts owed; and (B)collect the repayment amounts within a period of time as determined by the Director of the National Science Foundation, or the repayment amounts shall be treated as a loan in accordance with subsection (l).
(2)Returned to TreasuryExcept as provided in paragraph (3), any repayment under this subsection shall be returned to the Treasury of the United States. (3)Retain percentageA qualified institution of higher education may retain a percentage of any repayment the institution collects under this subsection to defray administrative costs associated with the collection. The Director of the National Science Foundation shall establish a fixed percentage that will apply to all eligible entities, and may update this percentage as needed, in the determination of the Director of the National Science Foundation.
(n)ExceptionsThe Director of the National Science Foundation may provide for the partial or total waiver or suspension of any service or payment obligation by an individual under this section whenever compliance by the individual with the obligation is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable. (o)Public information (1)EvaluationThe Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management, shall annually evaluate and make public, in a manner that protects the personally identifiable information of scholarship recipients, information on the success of recruiting individuals for scholarships under this section and on hiring and retaining those individuals in the public sector AI workforce, including information on—
(A)placement rates; (B)where students are placed, including job titles and descriptions;
(C)salary ranges for students not released from obligations under this section; (D)how long after graduation students are placed;
(E)how long students stay in the positions they enter upon graduation; (F)how many students are released from obligations; and
(G)what, if any, remedial training is required. (2)ReportsThe Director of the National Science Foundation, in coordination with the Office of Personnel Management, shall submit, not less frequently than once every 3 years, to the Homeland Security and Governmental Affairs Committee of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives a report, including the results of the evaluation under paragraph (1) and any recent statistics regarding the size, composition, and educational requirements of the Federal AI workforce.
(3)ResourcesThe Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management, shall provide consolidated and user-friendly online resources for prospective scholarship recipients, including, to the extent practicable— (A)searchable, up-to-date, and accurate information about participating institutions of higher education and job opportunities related to the AI field; and
(B)a modernized description of AI careers. (p)RefreshNot less than once every 2 years, the Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management, shall review and update the Federal AI Scholarship-for-Service Program to reflect advances in technology.


117 HR 5452 IH: Parity in Telehealth for Physical Therapists Act of 2021
U.S. House of Representatives
2021-09-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 5452IN THE HOUSE OF REPRESENTATIVESSeptember 30, 2021Mrs. Hinson (for herself and Mrs. Axne) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to include physical therapists as practitioners able to furnish telehealth services under the Medicare program.1.Short titleThis Act may be cited as the Parity in Telehealth for Physical Therapists Act of 2021 or the PT for PTs Act of 2021.2.Including physical therapists as practitioners able to furnish telehealth services under the Medicare programSection 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended—(1)in paragraph (1), by striking (described in section 1842(b)(18)(C));(2)in paragraph (3)(A), by adding at the end the following new sentence: For purposes of the preceding sentence, the term practitioner means a practitioner described in section 1842(b)(18)(C).; and(3)in paragraph (4)(E), by amending such subparagraph to read as follows:(E)PractitionerThe term practitioner means—(i)a practitioner described in section 1842(b)(18)(C); (ii)a physical therapist; and(iii)a physical therapist assistant acting under the supervision of a physical therapist (whether or not such supervision is provided in-person)..


		I
		112th CONGRESS
		2d Session
		H. R. 4908
		IN THE HOUSE OF REPRESENTATIVES

			April 26, 2012
			Mr. Clarke of
			 Michigan introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on certain high pressure
		  fuel pumps.

		1.Certain high pressure fuel
			 pumps
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Fuel pumps designed for gasoline/ethanol direct injection fuel
						systems in internal combustion piston engines, the foregoing pumps capable of
						delivering fuel at pressures of 3.5 MPa or more but not over 12 MPa (provided
						for in subheading 8413.30.90) 1.4%No changeNo changeOn or before 12/31/2015

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


		II
		111th CONGRESS
		1st Session
		S. 1939
		IN THE SENATE OF THE UNITED
		  STATES

			October 27, 2009
			Mrs. Gillibrand (for
			 herself, Mr. Specter,
			 Mr. Schumer, Mr. Tester, and Ms.
			 Landrieu) introduced the following bill; which was read twice and
			 referred to the Committee on Veterans'
			 Affairs

		A BILL
		To amend title 38, United States Code, to
		  clarify presumptions relating to the exposure of certain veterans who served in
		  the vicinity of the Republic of Vietnam, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Agent Orange Equity Act of
			 2009.
		2.Clarification of presumptions of exposure
			 for veterans who served in the vicinity of the Republic of Vietnam
			(a)ClarificationSection 1116 of title 38, United States
			 Code, is amended—
				(1)in subsections (a)(1) and (f), by striking
			 a veteran who, during active military, naval, or air service, served in
			 the Republic of Vietnam during the period beginning on January 9, 1962, and
			 ending on May 7, 1975 and inserting a veteran described in
			 subsection (g); and
				(2)by adding at the end the following new
			 subsection:

						(g)A veteran described in this subsection is a
				veteran who—
							(1)during active military, naval, or air
				service—
								(A)served in the Republic of Vietnam
				(including the inland waterways, ports, and harbors of such Republic, the
				waters offshore of such Republic, and the airspace above such Republic) during
				the period beginning on January 9, 1962, and ending on May 7, 1975; or
								(B)served in Johnston Island during the period
				beginning on April 1, 1972, and ending on September 30, 1977; or
								(2)received the Vietnam Service Medal or the
				Vietnam Campaign
				Medal.
							.
				(b)Effective
			 dateThe amendments made by
			 subsection (a) shall take effect as of September 25, 1985.


113 SRES 391 ATS: Designating Jean M. Manning as Chief Counsel for Employment Emeritus of the United States Senate.
U.S. Senate
2014-03-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		113th CONGRESS
		2d Session
		S. RES. 391
		IN THE SENATE OF THE UNITED STATES

			March 13, 2014
			Mr. Reid (for himself, Mr. McConnell, Mr. Durbin, and Mr. Hatch) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Designating Jean M. Manning as Chief Counsel for Employment Emeritus of the United States Senate.

		Whereas Jean M. Manning will retire from the United States Senate after having served with
			 distinction as the Senate’s first Chief Counsel for Employment from 1993
			 to 2014;Whereas Jean M. Manning has dedicated her Senate service to providing legal representation, legal
			 advice and legal training to all senators and their management staff with
			 respect to all matters arising under the Government Employee Rights Act of
			 1991, and the Congressional Accountability Act of 1995;Whereas Jean M. Manning has represented Senate offices with distinction before the federal courts;Whereas Jean M. Manning has upheld the high standards and traditions of the Senate with abiding
			 devotion and has performed her Senate duties in an impartial, professional
			 manner; andWhereas Jean M. Manning has earned the respect, affection and esteem of the United States Senate:
			 Now, therefore, be it

		That, upon her retirement on March 19, 2014, as a token of the appreciation of the Senate for her
			 long and faithful service, Jean M. Manning is hereby designated as Chief
			 Counsel for Employment Emeritus of the United States Senate.