TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Highway Funding Equity Act of
2005''.

SEC. 2. MINIMUM GUARANTEE.

Section 105 of title 23, United States Code, is amended--
(1) by striking subsection (a) and subsections (c) through
(f);
(2) by redesignating subsection (b) as subsection (e);
(3) by inserting after the section heading the following:
''(a) Guarantee.--
''(1) In general.--For each of fiscal years 2005 through
2009, the Secretary shall allocate among the States amounts
sufficient to ensure that the percentage for each State of the
total apportionments for the fiscal year for the National
Highway System under section 103(b), the high priority projects
program under section 117, the Interstate maintenance program
under section 119, the surface transportation program under
section 133, metropolitan planning under section 134, the
highway bridge replacement and rehabilitation program under
section 144, the congestion mitigation and air quality
improvement program under section 149, the recreational trails
program under section 206, the Appalachian development highway
system under subtitle IV of title 40, and the minimum guarantee
under this paragraph, equals or exceeds the percentage
determined for the State under paragraph (2).
''(2) State percentages.--
''(A) In general.--Except as provided in
subparagraph (B), the percentage for each State
referred to in paragraph (1) is the percentage that is
equal to 95 percent of the ratio that--
''(i) the estimated tax payments
attributable to highway users in the State paid
into the Highway Trust Fund (other than the
Mass Transit Account) in the most recent fiscal
year for which data are available; bears to
''(ii) the estimated tax payments
attributable to highway users in all States
paid into the Highway Trust Fund (other than
the Mass Transit Account) in the most recent
fiscal year for which data are available.
''(B) Exception.--In the case of a State having a
population density of less than 50 individuals per
square mile according to the 2000 decennial census, the
percentage referred to in paragraph (1) shall be the
greater of--
''(i) the percentage determined under
subparagraph (A); or
''(ii) the percentage specified in
subsection (e).
''(b) Treatment of Funds.--
''(1) Programmatic distribution.--The Secretary shall
apportion the amounts made available under this section that
exceed $2,800,000,000 so that the amount apportioned to each
State under this paragraph for each program referred to in
subsection (a)(1) (other than the high priority projects
program, metropolitan planning, the recreational trails
program, the Appalachian development highway system, and the
minimum guarantee under subsection (a)) is equal to the product
obtained by multiplying--
''(A) the amount to be apportioned under this
paragraph; and
''(B) the ratio that--
''(i) the amount of funds apportioned to
the State for each program referred to in
subsection (a)(1) (other than the high priority
projects program, metropolitan planning, the
recreational trails program, the Appalachian
development highway system, and the minimum
guarantee under subsection (a)) for a fiscal
year; bears to
''(ii) the total amount of funds
apportioned to the State for that program for
the fiscal year.
''(2) Remaining distribution.--
''(A) In general.--Subject to subparagraph (B), the
Secretary shall apportion the remainder of funds made
available under this section to the States, and
administer those funds, in accordance with section
104(b)(3).
''(B) Inapplicable requirements.--Paragraphs (1),
(2), and (3) of section 133(d) shall not apply to
amounts apportioned in accordance with this paragraph.
''(c) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) such sums as are necessary to carry out this section for each
of fiscal years 2005 through 2009.
''(d) Guarantee of 95 Percent Return.--
''(1) In general.--For each of fiscal years 2005 through
2009, before making any apportionment under this title, the
Secretary shall--
''(A) determine whether the sum of the percentages
determined under subsection (a)(2) for the fiscal year
exceeds 100 percent; and
''(B) if the sum of the percentages exceeds 100
percent, proportionately adjust the percentages
specified in the table contained in subsection (e) to
ensure that the sum of the percentages determined under
subsection (a)(1)(B) for the fiscal year equals 100
percent.
''(2) Eligibility threshold for adjustment.--The Secretary
may make an adjustment under paragraph (1) for a State for a
fiscal year only if the percentage for the State in the table
contained in subsection (e) is equal to or exceeds 95 percent
of the ratio determined for the State under subsection
(a)(1)(B)(i) for the fiscal year.
''(3) Limitation on adjustments.--Adjustments of the
percentages in the table contained in subsection (e) in
accordance with this subsection shall not result in a total of
the percentages determined under subsection (a)(2) that exceeds
100 percent.''; and
(4) in subsection (e) (as redesignated by paragraph (2)),
by striking ''subsection (a)'' and inserting ''subsections
(a)(2)(B)(ii) and (d)''.

SOLUTION: Highway Funding Equity Act of 2005 - Amends Federal highway law to revise Federal highway minimum guarantee requirements.

Requires the Secretary of Transportation, for each of FY 2005 through 2009, to allocate among the States amounts sufficient to ensure that the percentage for each State of the total apportionments for the fiscal year for certain Federal-aid highway programs (including the basic minimum guarantee under this Act) equals or exceeds 95 percent of the ratio that the estimated gas tax payments attributable to highway users in the State paid into the Highway Trust Fund (HTF) bears to such payments attributable to highway users in all States (with a specified exception for any State having a population density of less than 50 individuals per square mile).

Provides for: (1) the programmatic distribution of funds above $2.8 billion for certain Federal-aid highway programs; (2) the apportionment of the remainder of funds to the States; and (3) required adjustments where the sum of State percentages exceeds 100 percent.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Federal Activities Inventory Reform
Act of 1998''.
SEC. 2. ANNUAL LISTS OF GOVERNMENT ACTIVITIES NOT INHERENTLY
GOVERNMENTAL IN NATURE.
(a) Lists Required.--Not later than the end of the third quarter of
each fiscal year, the head of each executive agency shall submit to the
Director of the Office of Management and Budget a list of activities
performed by Federal Government sources for the executive agency that,
in the judgment of the head of the executive agency, are not inherently
governmental functions. The entry for an activity on the list shall
include the following:
(1) The fiscal year for which the activity first appeared on a
list prepared under this section.
(2) The number of full-time employees (or its equivalent) that
are necessary for the performance of the activity by a Federal
Government source.
(3) The name of a Federal Government employee responsible for
the activity from whom additional information about the activity
may be obtained.
(b) OMB Review and Consultation.--The Director of the Office of
Management and Budget shall review the executive agency's list for a
fiscal year and consult with the head of the executive agency regarding
the content of the final list for that fiscal year.
(c) Public Availability of Lists.--
(1) Publication.--Upon the completion of the review and
consultation regarding a list of an executive agency--
(A) the head of the executive agency shall promptly
transmit a copy of the list to Congress and make the list
available to the public; and
(B) the Director of the Office of Management and Budget
shall promptly publish in the Federal Register a notice that
the list is available to the public.
(2) Changes.--If the list changes after the publication of the
notice as a result of the resolution of a challenge under section
3, the head of the executive agency shall promptly--
(A) make each such change available to the public and
transmit a copy of the change to Congress; and
(B) publish in the Federal Register a notice that the
change is available to the public.
(d) Competition Required.--Within a reasonable time after the date
on which a notice of the public availability of a list is published
under subsection (c), the head of the executive agency concerned shall
review the activities on the list. Each time that the head of the
executive agency considers contracting with a private sector source for
the performance of such an activity, the head of the executive agency
shall use a competitive process to select the source (except as may
otherwise be provided in a law other than this Act, an Executive order,
regulations, or any executive branch circular setting forth
requirements or guidance that is issued by competent executive
authority). The Director of the Office of Management and Budget shall
issue guidance for the administration of this subsection.
(e) Realistic and Fair Cost Comparisons.--For the purpose of
determining whether to contract with a source in the private sector for
the performance of an executive agency activity on the list on the
basis of a comparison of the costs of procuring services from such a
source with the costs of performing that activity by the executive
agency, the head of the executive agency shall ensure that all costs
(including the costs of quality assurance, technical monitoring of the
performance of such function, liability insurance, employee retirement
and disability benefits, and all other overhead costs) are considered
and that the costs considered are realistic and fair.

SEC. 3. CHALLENGES TO THE LIST.

(a) Challenge Authorized.--An interested party may submit to an
executive agency a challenge of an omission of a particular activity
from, or an inclusion of a particular activity on, a list for which a
notice of public availability has been published under section 2.
(b) Interested Party Defined.--For the purposes of this section,
the term ''interested party'', with respect to an activity referred to
in subsection (a), means the following:
(1) A private sector source that--
(A) is an actual or prospective offeror for any contract,
or other form of agreement, to perform the activity; and
(B) has a direct economic interest in performing the
activity that would be adversely affected by a determination
not to procure the performance of the activity from a private
sector source.
(2) A representative of any business or professional
association that includes within its membership private sector
sources referred to in paragraph (1).
(3) An officer or employee of an organization within an
executive agency that is an actual or prospective offeror to
perform the activity.
(4) The head of any labor organization referred to in section
7103(a)(4) of title 5, United States Code, that includes within its
membership officers or employees of an organization referred to in
paragraph (3).
(c) Time for Submission.--A challenge to a list shall be submitted
to the executive agency concerned within 30 days after the publication
of the notice of the public availability of the list under section 2.
(d) Initial Decision.--Within 28 days after an executive agency
receives a challenge, an official designated by the head of the
executive agency shall--
(1) decide the challenge; and
(2) transmit to the party submitting the challenge a written
notification of the decision together with a discussion of the
rationale for the decision and an explanation of the party's right
to appeal under subsection (e).
(e) Appeal.--
(1) Authorization of appeal.--An interested party may appeal an
adverse decision of the official to the head of the executive
agency within 10 days after receiving a notification of the
decision under subsection (d).
(2) Decision on appeal.--Within 10 days after the head of an
executive agency receives an appeal of a decision under paragraph
(1), the head of the executive agency shall decide the appeal and
transmit to the party submitting the appeal a written notification
of the decision together with a discussion of the rationale for the
decision.

SEC. 4. APPLICABILITY.

(a) Executive Agencies Covered.--Except as provided in subsection
(b), this Act applies to the following executive agencies:
(1) Executive department.--An executive department named in
section 101 of title 5, United States Code.
(2) Military department.--A military department named in
section 102 of title 5, United States Code.
(3) Independent establishment.--An independent establishment,
as defined in section 104 of title 5, United States Code.
(b) Exceptions.--This Act does not apply to or with respect to the
following:
(1) General accounting office.--The General Accounting Office.
(2) Government corporation.--A Government corporation or a
Government controlled corporation, as those terms are defined in
section 103 of title 5, United States Code.
(3) Nonappropriated funds instrumentality.--A part of a
department or agency if all of the employees of that part of the
department or agency are employees referred to in section 2105(c)
of title 5, United States Code.
(4) Certain depot-level maintenance and repair.--Depot-level
maintenance and repair of the Department of Defense (as defined in
section 2460 of title 10, United States Code).

SEC. 5. DEFINITIONS.

In this Act:
(1) Federal government source.--The term ''Federal Government
source'', with respect to performance of an activity, means any
organization within an executive agency that uses Federal
Government employees to perform the activity.
(2) Inherently governmental function.--
(A) Definition.--The term ''inherently governmental
function'' means a function that is so intimately related to
the public interest as to require performance by Federal
Government employees.
(B) Functions included.--The term includes activities that
require either the exercise of discretion in applying Federal
Government authority or the making of value judgments in making
decisions for the Federal Government, including judgments
relating to monetary transactions and entitlements. An
inherently governmental function involves, among other things,
the interpretation and execution of the laws of the United
States so as--
(i) to bind the United States to take or not to take
some action by contract, policy, regulation, authorization,
order, or otherwise;
(ii) to determine, protect, and advance United States
economic, political, territorial, property, or other
interests by military or diplomatic action, civil or
criminal judicial proceedings, contract management, or
otherwise;
(iii) to significantly affect the life, liberty, or
property of private persons;
(iv) to commission, appoint, direct, or control
officers or employees of the United States; or
(v) to exert ultimate control over the acquisition,
use, or disposition of the property, real or personal,
tangible or intangible, of the United States, including the
collection, control, or disbursement of appropriated and
other Federal funds.
(C) Functions excluded.--The term does not normally
include--
(i) gathering information for or providing advice,
opinions, recommendations, or ideas to Federal Government
officials; or
(ii) any function that is primarily ministerial and
internal in nature (such as building security, mail
operations, operation of cafeterias, housekeeping,
facilities operations and maintenance, warehouse
operations, motor vehicle fleet management operations, or
other routine electrical or mechanical services).

SEC. 6. EFFECTIVE DATE.

This Act shall take effect on October 1, 1998.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.

SOLUTION: Federal Activities Inventory Reform Act of 1998 - Directs the head of each executive agency to submit to the Director of the Office of Management and Budget, not later than the end of the third quarter of each fiscal year, a list of activities performed by Federal Government sources for the agency that, in the judgment of the head of the executive agency, are not inherently governmental functions.
Requires: (1) the Director to review the agency's list and consult with the agency head regarding the contents of the final list for the fiscal year; (2) the agency head to transmit a copy of the list to the Congress and make the list publicly available; (3) the Director to publish in the Federal Register a notice that the list is publicly available; and (4) the agency head to publish a notice regarding, make available to the public, and transmit to the Congress, any subsequent change to the list.
Requires the agency head to: (1) review the activities on the list within a reasonable time after such a notice of its availability is published; and (2) use a competitive process (with specified exceptions) and ensure that all costs are considered each time that he or she considers contracting with a private sector source for the performance of an activity on the list.
(Sec. 3) Permits an interested party to submit to an agency a challenge of an omission of a particular activity from, or an inclusion of a particular activity on, a list for which a notice has been published. Sets forth procedures governing filing challenges, agency decisions on challenges, appealing such decisions, and agency decisions on such appeals.
(Sec. 4) Provides that this Act shall not apply to or with respect to: (1) the General Accounting Office; (2) Government corporations and Government controlled corporations; (3) a part of a department or agency if all of the employees of that part are employees paid from nonappropriated funds of certain instrumentalities of the United States under the jurisdiction of the armed forces; and (4) depot-level maintenance and repair of the Department of Defense.

PROBLEM: SECTION 1. SHORT TITLE.

This section may be cited as the ''Floodplain Maps Moratorium
Act''.

SEC. 2. 5-YEAR DELAY IN EFFECTIVE DATE OF MANDATORY PURCHASE
REQUIREMENT FOR NEW FLOOD HAZARD AREAS.

(a) In General.--Section 102 of the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4012a) is amended by adding at the end the following
new subsections:
''(i) Delayed Effective Date of Mandatory Purchase Requirement for
New Flood Hazard Areas.--
''(1) In general.--In the case of any area that was not
previously designated as an area having special flood hazards
and that, pursuant to any issuance, revision, updating, or
other change in flood insurance maps that takes effect on or
after September 30, 2007, becomes designated as an area having
special flood hazards, if each State and local government
having jurisdiction over any portion of the geographic area has
complied with paragraph (2), such designation shall not take
effect for purposes of subsection (a), (b), or (e) of this
section, or section 202(a) of this Act, until the expiration of
the 5-year period beginning upon the date that such maps, as
issued, revised, update, or otherwise changed, become
effective.
''(2) Notice requirements.--A State or local government
shall be considered to have complied with this paragraph with
respect to any geographic area described in paragraph (1) only
if the State or local government has, before the effective date
of the issued, revised, updated, or changed maps, and in
accordance with such standards as shall be established by the
Director--
''(A) developed an evacuation plan to be
implemented in the event of flooding in such portion of
the geographic area; and
''(B) developed and implemented an outreach and
communication plan to advise occupants in such portion
of the geographic area of potential flood risks,
appropriate evacuation routes under the evacuation plan
referred to in subparagraph (A), the opportunity to
purchase flood insurance, and the consequences of
failure to purchase flood insurance.
''(3) Rule of construction.--Nothing in paragraph (1) may
be construed to affect the applicability of a designation of
any area as an area having special flood hazards for purposes
of the availability of flood insurance coverage, criteria for
land management and use, notification of flood hazards,
eligibility for mitigation assistance, or any other purpose or
provision not specifically referred to in paragraph (1).
''(j) Availability of Preferred Risk Rating Method Premiums.--The
preferred risk rate method premium shall be available for flood
insurance coverage for properties located in areas referred to in
subsection (i)(1) and during the time period referred to in subsection
(i)(1).''.
(b) Conforming Amendment.--The second sentence of subsection (h) of
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101(h)) is amended by striking ''Such'' and inserting ''Except for
notice regarding a change described in section 102(i)(1) of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a(i)(1)), such''.
(c) No Refunds.--Nothing in this section or the amendments made by
this section may be construed to authorize or require any payment or
refund for flood insurance coverage purchased for any property that
covered any period during which such coverage is not required for the
property pursuant to the applicability of the amendment made by
subsection (a).

SEC. 3. NOTIFICATION TO HOMEOWNERS REGARDING MANDATORY PURCHASE
REQUIREMENT APPLICABILITY.

Section 201 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4105) is amended by adding at the end the following new subsection:
''(f) Annual Notification.--The Director, in consultation with
affected communities, shall establish and carry out a plan to notify
residents of areas having special flood hazards, on an annual basis--
''(1) that they reside in such an area;
''(2) of the geographical boundaries of such area;
''(3) of the provisions of section 102 requiring purchase
of flood insurance coverage for properties located in such an
area, including the date on which such provisions apply with
respect to such area, taking into consideration section 102(i);
and
''(4) of a general estimate of what similar homeowners in
similar areas typically pay for flood insurance coverage.''.

SEC. 4. NOTIFICATION OF ESTABLISHMENT OF FLOOD ELEVATIONS.

Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101) is amended by adding at the end the following new subsection:
''(k) Notification to Members of Congress of Map Modernization.--
Upon any revision or update of any floodplain area or flood-risk zone
pursuant to subsection (f), any decision pursuant to subsection (f)(1)
that such revision or update is necessary, any issuance of preliminary
maps for such revision or updating, or any other significant action
relating to any such revision or update, the Director shall notify the
Senators for each State affected, and each Member of the House of
Representatives for each congressional district affected, by such
revision or update in writing of the action taken.''.

SEC. 5. REVIEW OF FLOOD MAP CHANGES BY AFFECTED COMMUNITIES.

Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), as amended by section 3, is further amended by adding at the end
the following new subsection:
''(l) Review of Flood Map Changes by Affected Communities.--Not
later than three years before the date on which a flood insurance rate
map change or revision becomes effective, the Director shall notify
each community affected by such map change or revision, including each
State and local government with jurisdiction over an area affected by
such map change or revision, and provide each such community and each
such State and local government with an opportunity to review such map
change or revision and propose modifications to such map change or
revision.''.

SEC. 6. REVIEW OF FLOOD MAP METHODOLOGY.

Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), as amended by section 4, is further amended by adding at the end
the following new subsection:
''(m) Review of Flood Map Methodology.--Not less than once every
ten years, the Comptroller General of the United States shall conduct a
review of the methodology used to issue or revise flood insurance rate
maps and submit the results of such review to Congress and the
Director.''.

SEC. 7. APPEALS.

(a) Television and Radio Announcement.--Section 1363 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended--
(1) in subsection (a), by inserting after
''determinations'' by inserting the following: ''by notifying a
local television and radio station,''; and
(2) in the first sentence of subsection (b), by inserting
before the period at the end the following: ''and shall notify
a local television and radio station at least once during the
same 10-day period''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to any flood elevation determination for any area in
a community that has not, as of the date of the enactment of this Act,
been issued a Letter of Final Determination for such determination
under the flood insurance map modernization process.

SEC. 8. STUDY ON REPAYING FLOOD INSURANCE DEBT.

Not later than the expiration of the 6-month period beginning on
the date of the enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall submit a report to the Congress
setting forth a plan for repaying within 10 years all amounts,
including any amounts previously borrowed but not yet repaid, owed
pursuant to clause (2) of subsection (a) of section 1309 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)(2)).

SOLUTION:
Floodplain Maps Moratorium Act - Amends the Flood Disaster Protection Act of 1973 to delay for five years the requirement to purchase flood insurance for properties in a new flood hazard area if the area's state or local government has developed a flood evacuation plan and meets other specified criteria. Makes the preferred risk rate method premium available for flood insurance coverage of such properties.

Directs the Director of the Federal Emergency Management Agency (FEMA) to establish and implement a plan to notify annually residents of areas having special flood hazards regarding the mandatory purchase requirement.

Amends the National Flood Insurance Act of 1968 to require the Director to: (1) notify the pertinent Members of Congress as well as the affected communities and their state and local governments about any decision to make a floodplain area or flood-risk zone revision, and (2) provide each such community and state and local government with an opportunity to review and propose modifications to a flood insurance map change or revision.

Requires the Comptroller General to review the methodology used to issue or revise flood insurance rate maps.

Requires the Director to notify a local television and radio station about proposed or published flood elevation determinations.

Directs the Administrator of FEMA to report to Congress a plan for repaying within 10 years all unpaid presidentially approved flood insurance program debt.