SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Select Agent Program and Biosafety Improvement Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION Sec. 101. Reauthorization of select agent program. Sec. 102. Select agent program review. Sec. 103. Revision of the list of biological agents and toxins. Sec. 104. Sharing information with trusted state partners. Sec. 105. Improvements to inventorying and monitoring of agents. Sec. 106. Smallpox definition clarification. Sec. 107. Plan for surge in samples of biological agents and toxins. TITLE II--BIOSAFETY IMPROVEMENTS Sec. 201. Improvement of oversight of biocontainment laboratories. Sec. 202. Improvement of training for laboratory personnel. Sec. 203. Biological laboratory incident reporting system. SEC. 2. FINDINGS. Congress finds the following: (1) The Centers for Disease Control and Prevention regulates the possession, use, and transfer of select agents and toxins that have the potential to pose a severe threat to public health and safety. (2) The Animal and Plant Health Inspection Service regulates the possession, use, and transfer of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. (3) As of April 2008, there are 72 select agents and toxins, 13 of which are found naturally in the United States. (4) As of April 2008, there are 325 entities registered with the Centers for Disease Control and Prevention to work with select agents and toxins and 75 entities registered with the Animal and Plant Health Inspection Service. There are 9,918 individuals approved to work with select agents and toxins through the Centers for Disease Control and Prevention and 4,336 through the Animal and Plant Health Inspection Service. (5) Biocontainment laboratories are used by scientists to study infectious materials safely and effectively. Laboratory biological research is categorized by the safety level at which it is performed. There are 4 safety levels, termed Biosafety Level (BSL) 1 through 4. TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION SEC. 101. REAUTHORIZATION OF SELECT AGENT PROGRAM. (a) Reauthorization of Select Agent Program.-- (1) Amendment to the public health service act.--Section 351A(m) of the Public Health Service Act (42 U.S.C. 262a(m)) is amended by striking ``2002 through 2007'' and inserting ``2009 through 2013''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(m) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(m)) is amended by striking ``2002 through 2007'' and inserting ``2009 through 2013''. (b) Appropriate Training.-- (1) Amendment to the public health service act.--Section 351A(e)(2)(A) of the Public Health Service Act (42 U.S.C. 262a(e)(2)(A)) is amended by inserting ``, and appropriate training,'' after ``have a legitimate need''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(e)(2)(A) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(e)(2)(A)) is amended by inserting ``, and appropriate training,'' after ``have a legitimate need''. (c) Covered Agencies.-- (1) Amendment to the public health service act.--Section 351A(h)(2)(A) (42 U.S.C. 262a(h)(2)(A)) of the Public Health Service Act is amended by inserting ``the Department of Homeland Security,'' after ``the Department of Agriculture,''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(h)(2)(A) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(2)(A)) is amended by inserting ``the Department of Homeland Security,'' after ``the Department of Agriculture,''. SEC. 102. SELECT AGENT PROGRAM REVIEW. (a) In General.--The Secretary of Health and Human Services, in consultation with the Secretary of Agriculture, shall enter into a contract with the National Academy of Sciences to conduct a review of the select agent program under section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401). Such review shall focus on-- (1) the extent to which the program has enhanced biosecurity and biosafety in the United States; (2) the effects of the program on-- (A) international scientific collaboration; and (B) scientific advances in the United States; and (3) other issues as requested by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Report; Recommendations.--Not later than 240 days after the date of enactment of this Act, the National Academy of Sciences shall submit a report to the Secretary of Health and Human Services, the Secretary of Agriculture, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Energy and Commerce of the House of Representatives, and other congressional committees of relevant interest, on the results of the review conducted under subsection (a). Such report shall include recommendations for improving the structure of the select agent program for-- (1) enhancing the biosecurity and biosafety of the United States; (2) eliminating or reducing adverse effects of the program, if any, on-- (A) international scientific collaboration; and (B) scientific advances in the United States; and (3) other issues as requested by the Secretary of Health and Human Services and the Secretary of Agriculture. SEC. 103. REVISION OF THE LIST OF BIOLOGICAL AGENTS AND TOXINS. (a) Amendment to the Public Health Service Act.--Section 351A(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C. 262a(a)(1)(B)(i)) is amended-- (1) in subclause (III), by striking ``; and'' and inserting a semicolon; (2) by redesignating subclause (IV) as subclause (VII); and (3) by inserting after subclause (III) the following: ``(IV) whether the agent or toxin is endemic to the United States, as defined by the Secretary; ``(V) information available from biological risk assessments conducted by the Department of Homeland Security; ``(VI) newly discovered agents of disease, including genetically modified organisms or agents created synthetically; and''. (b) Amendment to the Agricultural Bioterrorism Protection Act of 2002.--Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended-- (1) in subclause (III), by striking ``; and'' and inserting a semicolon; (2) by redesignating subclause (IV) as subclause (VII); and (3) by inserting after subclause (III) the following: ``(IV) whether the agent or toxin is endemic to the United States, as defined by the Secretary; ``(V) information available from biological risk assessments conducted by the Department of Homeland Security; ``(VI) newly discovered agents of disease, including genetically modified organisms or agents created synthetically; and''. (c) Rule of Construction.--The amendments made by subsections (a) and (b) shall not be construed to preclude the listing of a biological agent or toxin that is endemic to the United States. SEC. 104. SHARING INFORMATION WITH TRUSTED STATE PARTNERS. (a) Amendment to the Public Health Service Act.--Section 351A(h)(5) of the Public Health Service Act (42 U.S.C. 262a(h)(5)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period and inserting ``; or''; and (3) by inserting at the end the following: ``(C) to withhold information regarding a State that will assist with the State's emergency preparedness planning from the health director (or equivalent State official) of such State, if such State has in place a law to protect against the further release of such information as determined by the Secretary.''. (b) Amendment to the Agricultural Bioterrorism Protection Act of 2002.--Section 212(h)(5) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(5)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period and inserting ``; or''; and (3) by inserting at the end the following: ``(C) to withhold information regarding a State that will assist with the State's emergency preparedness planning from an elected or appointed senior State agricultural official or equivalent State official (such as a State veterinarian or a State plant health regulatory official) of such State, if such State has in place a law to protect against the further release of such information as determined by the Secretary.''. SEC. 105. IMPROVEMENTS TO INVENTORYING AND MONITORING OF AGENTS. (a) Improved Method to Inventory and Monitor Listed Biological Agents.--Not later than 180 days after enactment of this Act, the Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, and in consultation with individuals with appropriate scientific expertise, shall issue guidance on inventorying and monitoring the biological agents listed under section 351A(a)(1) of the Public Health Service Act (42 U.S.C. 262a(a)(1)) and the biological agents listed under section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)). (b) Considerations.--In issuing the guidance under subsection (a), the Secretaries shall consider-- (1) the effectiveness of measures to inventory and monitor listed biological agents that can propagate relative to the burden of these measures on laboratory personnel; (2) qualitative and quantitative control procedures for such listed agents, rather than only quantitative control procedures; and (3) in what situations registered persons are required to keep inventory records. SEC. 106. SMALLPOX DEFINITION CLARIFICATION. Not later than 90 days after the date of enactment of this Act, the Attorney General, in coordination with the Secretary of Health and Human Services, shall issue public guidance regarding how the Attorney General interprets the scope of the statutory definition of ``variola virus'' in section 175c of title 18, United States Code. SEC. 107. PLAN FOR SURGE IN SAMPLES OF BIOLOGICAL AGENTS AND TOXINS. The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture and State officials, shall develop and disseminate guidelines for how laboratories and laboratory personnel that do not regularly test for listed agents and toxins (as such terms are defined in section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401)) may be rapidly accessed and utilized during emergencies in which laboratories and laboratory personnel that regularly test for such agents and toxins are overwhelmed by a surge of samples of such listed agents and toxins. TITLE II--BIOSAFETY IMPROVEMENTS SEC. 201. IMPROVEMENT OF OVERSIGHT OF BIOCONTAINMENT LABORATORIES. (a) Definition.--For purposes of this section, the term ``high containment biological laboratory'' means a laboratory that has Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Evaluation.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, and in consultation with the Secretary of Defense and the Secretary of Homeland Security (referred to in this section as the ``Secretaries'') shall, either directly or through a contract, evaluate national needs of, and oversight of, high containment biological laboratories. (c) Considerations.--In conducting the evaluation under subsection (b), the Secretaries shall consider-- (1) whether the construction of high containment biological laboratories that are in existence or planned as of the date of enactment of this Act, is likely to provide sufficient capacity for the needs of Government biodefense and infectious disease research; (2) how laboratory capacity and lessons learned can be best shared across the biodefense and infectious disease research communities, domestically and internationally; (3) whether guidance on laboratory infrastructure, commissioning, operation, and maintenance of such laboratories is adequate, and if such guidance is found to be inadequate, how to improve and streamline such guidance; and (4) ways to improve and streamline the training of the personnel of such laboratories, including recommendations regarding the minimum standards for laboratory biosafety and biosecurity training under section 202. (d) Report to Congress.--Not later than 240 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the findings and recommendations from the evaluation under this section. SEC. 202. IMPROVEMENT OF TRAINING FOR LABORATORY PERSONNEL. (a) Definition.--For purposes of this section, the term ``high containment biological laboratory'' means a laboratory that has Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Development of Minimum Standards.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, and in coordination with the Secretary of Agriculture and scientific experts representing appropriate professional groups and international health organizations, shall develop minimum standards for laboratory biosafety and biosecurity training for relevant personnel of high containment biological laboratories. In developing such standards, the Secretary of Health and Human Services shall consider existing laboratory guidelines and training modules. (c) Requirement for Approval.--A person may not register with the Secretary of Health and Human Services or the Secretary of Agriculture for the possession, use, or transfer of listed agents in accordance with section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401) unless the person provides to its appropriate personnel biosafety and biosecurity training that meets the minimum standards under subsection (b) in addition to any other requirements determined appropriate by the Secretary of Health and Human Services or the Secretary of Agriculture. (d) Dissemination.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, may disseminate the minimum standards under subsection (b) for voluntary use, such as when use is not required under subsection (b), in laboratories and academic programs in the United States and in other countries. SEC. 203. BIOLOGICAL LABORATORY INCIDENT REPORTING SYSTEM. (a) In General.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, (referred to in this section as the ``Secretaries'') shall establish an integrated Biological Laboratory Incident Reporting System through which personnel of biological laboratories may voluntarily report biosafety or biosecurity incidents of concern and the Secretaries may identify trends in such incidents and protocols for biosafety or biosecurity improvements. In developing such reporting system, the Secretaries shall consider options for integrating existing voluntary and required reporting mechanisms. (b) Functions.--In implementing the reporting system under subsection (a), the Secretaries shall enter into a contract with a public or private entity that does not regulate biological laboratories to administer the reporting system. Such entity shall-- (1) receive and process incident reports; (2) analyze, interpret incident data, and identify incident trends; (3) issue alert messages within an appropriate time period; (4) disseminate reports and other appropriate information, which shall not include facility-specific information; (5) not have authority to direct corrective action or to initiate enforcement action; (6) ensure anonymity of individuals reporting to the system, to the extent permitted by law; and (7) conduct other activities as requested by the Secretaries.

Summary: Select Agent Program and Biosafety Improvement Act of 2008 - Amends the Public Health Service Act and the Agricultural Bioterrorism Protection Act of 2002 to reauthorize appropriations for the Select Agent Program, which lists and controls biological agents and toxins that have the potential to pose a severe threat to public health and safety. Requires appropriate training of individuals handling or using such agents and toxins. Includes the Department of Homeland Security (DHS) among the federal agencies limited in the disclosure of information related to listed agents or toxins. Requires the Secretary of Health and Human Services to contract with the National Academy of Sciences to review and make recommendations for improving the Select Agent Program. Sets forth additional factors that the Secretary must consider in determining whether to list an agent or toxin, including whether the agent or toxin is endemic to the United States. Requires the Secretary to issue guidance on inventorying and monitoring listed biological agents. Directs the Attorney General to issue guidance regarding the scope of the statutory definition of "variola virus." Requires the Secretary to: (1) develop guidelines for how laboratories and laboratory personnel that do not regularly test for listed agents and toxins may be rapidly accessed and utilized during emergencies; and (2) evaluate national needs of, and oversight of, high containment biological laboratories. Provides for the development of minimum standards for laboratory biosafety and biosecurity training for relevant personnel of high containment biological laboratories. Requires the Secretary to establish a Biological Laboratory Incident Reporting System.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Curecanti National Recreation Area Boundary Establishment Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1965, the National Park Service has been co- managing the Curecanti National Recreation Area under agreements with the Bureau of Reclamation. (2) The Curecanti National Recreation Area has never been legislatively established. (3) Public Law 106-76 directed the National Park Service to conduct a study to assess the natural, cultural, recreational, and scenic resources within and surrounding Curecanti National Recreation Area, and to identify and recommend a variety of alternatives and tools to protect those resource values and the character of the land. (4) The Curecanti National Recreation Area includes an abundance of natural, historic, and archeological features in a setting of canyons, pinnacles, cliffs, and mesas, offering the public opportunities for recreation and reflection within its scenic landscape. (5) The National Park Service, in cooperation with the Bureau of Reclamation, completed the Curecanti Resource Protection Study/EIS, and prepared a Report to Congress, October 2009, which recommends that Congress pass enabling legislation for the National Recreation Area. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Map to Establish Curecanti National Recreation Area'', numbered 616/ 100485, and dated March 5, 2010. (2) National recreation area.--The term ``national recreation area'' means the Curecanti National Recreation Area, established in section 4. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. CURECANTI NATIONAL RECREATION AREA, COLORADO. (a) Establishment.--There is established the Curecanti National Recreation Area in the State of Colorado, as a unit of the National Park System, consisting of approximately 51,830 acres, as generally depicted on the map. (b) Conservation Opportunity Area.--There is established a conservation opportunity area, consisting of approximately 24,300 acres, as generally depicted on the map. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION OF NATIONAL RECREATION AREA. (a) In General.--The Secretary shall administer the national recreation area in accordance with this Act, the cooperative agreements described in this section, and with laws and regulations generally applicable to units of the National Park System, including the National Park Service Organic Act (39 Stat. 535, 16 U.S.C. 1). (b) Dam, Power Plant, and Reservoir Management and Operations.-- Nothing in this Act shall affect or interfere with the authority of the Secretary under-- (1) the National Reclamation Act (Public Law 57-161; Stat. 388), as amended and supplemented, to operate the Uncompahgre Valley Reclamation Project; or (2) Public Law 84-485, as amended and supplemented, to operate the Wayne N. Aspinall Unit of the Colorado River Storage Project. (c) Cooperative Agreements.-- (1) In general.--The Secretary may enter into, or modify existing, management agreements involving the National Park Service, the Bureau of Reclamation, the Bureau of Land Management, or the Forest Service to manage Federal lands within the boundary of the national recreation area. (2) State lands.--The Secretary may enter into cooperative management agreements for any lands administered by the State of Colorado that are within or adjacent to the national recreation area, pursuant to the cooperative management authority found in section 802(a) of the National Parks Omnibus Management Act of 1998 (Public Law 105-391). (d) Recreational Activities.--The Secretary shall allow boating, boating-related activities, hunting, and fishing within the national recreation area in accordance with applicable Federal and State laws. The Secretary may designate zones where, and establish periods when, no boating, hunting, or fishing shall be permitted for reasons of public safety. (e) Conservation Opportunity Area.--Within the boundaries of the conservation opportunity area established under this Act, the Secretary is authorized to acquire lands, or interests in lands, including conservation easements from willing sellers, and to provide technical assistance to landowners in order to conserve resources and values identified as important to the national recreation area on lands that are outside but adjacent to the national recreation area. (f) Withdrawal.--Subject to valid existing rights, all Federal lands within the national recreation area are withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the mining laws; and from disposition under all laws relating to mineral and geothermal leasing, and all amendments thereto. (g) Grazing.-- (1) State or private lands.--On State or private lands acquired for the national recreation area on which authorized grazing is occurring on the date of enactment of this Act, the Secretary, in consultation with the lessee, may allow the continuation of grazing on the land by the lessee at the time of acquisition, subject to applicable law (including regulations). (2) Federal land.--Where grazing is allowed on land that is Federal land on the date of the enactment of this section and is located within the boundary of the national recreation area, the Secretary is authorized to allow the continuation of such grazing unless the Secretary determines that grazing would harm the resources or values of the national recreation area. (3) Termination of leases.--Nothing in this section shall prohibit the Secretary from accepting the voluntary termination of leases or permits for grazing within the national recreation area. SEC. 6. ACQUISITION OF PROPERTY AND BOUNDARY MANAGEMENT. (a) In General.--The Secretary is authorized to acquire from willing sellers lands, or interests in lands, within the boundary of the national recreation area or the conservation opportunity area necessary for effective management of the national recreation area. Lands acquired within the conservation opportunity area shall be added to the national recreation area and the boundary of the national recreation area shall be adjusted accordingly. (b) Acquisition.--Lands identified in subsection (a) may be acquired by donation, purchase with donated or appropriated funds, transfer from another Federal agency, or exchange. Lands or interests in lands owned by the State of Colorado, or a political subdivision thereof, may only be acquired by donation or exchange. (c) Exchanges.--For purposes of management efficiency and expanded recreational opportunities, the Secretary is authorized to conduct land exchanges with the Secretary of Agriculture and between the National Park Service and the Bureau of Land Management. (d) Transfer of Administrative Jurisdiction.--The Secretary of Agriculture and the Bureau of Land Management shall transfer, without consideration, administrative jurisdiction for lands to be added to the national recreation area, as shown on the map, to the National Park Service. The boundary of the Gunnison National Forest shall be modified to reflect the transfer of administrative jurisdiction from the Secretary of Agriculture. SEC. 7. GENERAL MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date on which funds are made available to carry out this Act, the National Park Service, in consultation with the Bureau of Reclamation, shall prepare a general management plan for the national recreation area. (b) Inclusions.--The general management plan shall include, at a minimum-- (1) measures for the preservation of the resources of the national recreation area; (2) requirements for the type and extent of development and use of the national recreation area; (3) identification of visitor carrying capacities for the national recreation area; and (4) opportunities for involvement by the Bureau of Reclamation, the Bureau of Land Management, the Forest Service, the State of Colorado, and other local and national entities in the formulation of educational and recreational programs for the national recreation area and for developing and supporting the national recreation area.

Summary: Curecanti National Recreation Area Boundary Establishment Act of 2010 - Establishes a boundary for the Curecanti National Recreation Area in Colorado and designates it as a unit of the National Park System. Establishes a conservation opportunity area within the Recreation Area. Withdraws all federal lands within the Recreation Area from specified public land, mining, and mineral and geothermal leasing laws. Requires the National Park Service (NPS) to develop a general management plan for the Recreation Area.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Transit Accessibility Innovation Act of 2014''. SEC. 2. TRANSIT ACCESSIBILITY INNOVATION PROGRAM. (a) In General.--Chapter 53 of title 49, United States Code, is amended by inserting after section 5307 the following: ``Sec. 5308. Transit accessibility innovation program ``(a) In General.--The Secretary shall carry out a transit accessibility innovation program in accordance with the requirements of this section to encourage public transit systems to take actions to address deficiencies in service for individuals with disabilities. ``(b) Grants Authority.-- ``(1) In general.--In carrying out the program, the Secretary shall distribute amounts made available to carry out this section as competitive discretionary grants to public transit agencies for eligible projects. ``(2) Selection criteria.--The Secretary shall develop criteria to ensure that projects receiving funding under the program are innovative and replicable in other communities, and will result in a substantive improvement in service for individuals with disabilities. ``(c) Applications.-- ``(1) In general.--In order to be eligible to receive a grant under the program, a public transit agency shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. ``(2) Contents.--An application for a grant under the program shall contain, at a minimum, a description of-- ``(A) the project for which the applicant is seeking funding; ``(B) the anticipated benefits the project will deliver for the following long-term outcomes: community integration, safety, accessibility, quality, coordination, and customer service; ``(C) the expected contribution of the project to the inclusion of individuals with disabilities in the delivery of public transportation and ADA paratransit service; ``(D) the ability of the project to facilitate innovation in providing public transportation to individuals with disabilities; and ``(E) the ability of the project to attract new partnerships and non-Federal funding, including State, local, private, and philanthropic funding. ``(3) Community coordination requirements.-- ``(A) Certification.--To ensure that projects receiving funding under this section address the needs of individuals with disabilities in a geographic area, an application for a grant under the program shall contain a certification that-- ``(i) each project for which the applicant is seeking funding is included in a locally developed, coordinated public transit-human services transportation plan; and ``(ii) the plan was developed and approved through a process that included community participation, including by-- ``(I) seniors; ``(II) individuals with disabilities; ``(III) representatives of public, private, and nonprofit transportation and human service providers; and ``(IV) other members of the public. ``(B) Use of existing plans.--A plan used to coordinate the funding of projects under section 5310 may be used to satisfy the requirements of subparagraph (A). ``(C) Limitation.--The requirements of this paragraph shall not apply to the transportation promotion pilot program established under this section. ``(d) Factors.--In providing grant funds for projects under the program, the Secretary shall consider, at a minimum, the ability of the project to-- ``(1) enhance accessibility to rail and fixed route bus service; ``(2) promote paratransit coordination with other programs and utilize other revenue streams; ``(3) increase service quality to address customer complaints; ``(4) provide fixed route travel training for passengers and specialized training for paratransit personnel; ``(5) reduce turnover through increased wages and benefits, and increase monitoring, in the provision of ADA paratransit; ``(6) provide ADA complementary paratransit services in a way that maximizes quality, reliability, safety, customer satisfaction, and a stable workforce by determining what factors within contracting might impact the quality of ADA paratransit services; ``(7) improve ADA paratransit on-time performance and interoperability with other transportation services available to people with disabilities, both public and private; ``(8) delay or suspend proposed ADA paratransit service cuts triggered by the elimination or cutting of fixed route bus routes; ``(9) delay or suspend cuts for paratransit services that exceed ADA requirements, except that grant funds may not be issued under this section more than once for the same route (or a significantly similar route); ``(10) increase opportunities for community integration and independence of people with disabilities by promoting access to employment and other resources; and ``(11) augment passenger safety, without compromising passengers' rights under the ADA. ``(e) Practices To Promote Successful Outcomes and Sharing of Information.-- ``(1) Priority.--In providing grant funds for eligible projects under the program, the Secretary shall give priority to projects that are replicable in other communities using existing resources. ``(2) Set aside for activities to promote sharing of best practices.--For each fiscal year, the Secretary shall-- ``(A) set aside 2 percent of the funds made available to carry out this section; and ``(B) use those amounts to carry out activities to ensure that innovative practices, program models, and new service delivery options are collected, reviewed, and disseminated to other public transit agencies, so that the practices, models, and options can be replicated in other communities. ``(3) Technical assistance.--The Secretary shall provide technical assistance to recipients of grant funds under the program to ensure that the projects carried out using the funds are successful. ``(f) Maintenance of Effort.-- ``(1) ADA minimum standards.--Funds received under the program may not be used to meet the minimum standards of the ADA, including ADA complementary paratransit service requirements. ``(2) Certification.--To ensure that grant activities are not supplanting existing, budgeted services and that public transit agencies are upholding maintenance of effort on existing programs, a public transit agency receiving grant funds under the program shall-- ``(A) certify that the funds will not be used to pay for existing services; or ``(B) provide an explanation as to why the existing services are justified grant activities. ``(g) Grant Requirements.--A grant under this section shall be subject to the same requirements as a grant under section 5307, except that any public transit agency may use grant funds received under the program for operating expenses. ``(h) Transportation Promotion Pilot Program.-- ``(1) Set aside.--For each fiscal year, the Secretary shall-- ``(A) set aside 1 percent of the funds made available to carry out this section or $100,000, whichever amount is greater; and ``(B) use those amounts to carry out a transportation promotion pilot program under this subsection. ``(2) Purpose.--The purpose of the transportation promotion pilot program shall be to ensure that-- ``(A) public transit agencies fulfill their requirements under the ADA; and ``(B) individuals with disabilities have advocates to ensure greater opportunities for integration and access into transit systems. ``(3) Grant authority.-- ``(A) In general.--In carrying out the transportation promotion pilot program, the Secretary shall make grants to-- ``(i) agencies implementing a system established under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043) that have demonstrated histories of transportation expertise or advocacy; and ``(ii) nonprofit organizations that have demonstrated histories of transportation expertise or advocacy. ``(B) Eligibility.--To be eligible to receive a grant under this paragraph, an agency or organization shall demonstrate to the Secretary that the agency or organization-- ``(i) has a mission that includes individual or systemic advocacy and monitoring to address the transportation needs of individuals with disabilities; and ``(ii) has the support of other organizations in the disability community. ``(C) Use of grants.--Grants funds received under this paragraph shall be used to fund individual or systemic advocacy and monitoring to address the transportation needs of people with disabilities. ``(i) Limitation on Statutory Construction.--Nothing in this section may be construed to affect projects or activities carried out under section 5310 or the funding of such projects or activities. ``(j) Definitions.--In this section, the following definitions apply: ``(1) ADA.--The term `ADA' means the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(2) ADA paratransit.--The term `ADA paratransit' means the provision of nonfixed route paratransit transportation services in accordance with section 223 of the ADA (42 U.S.C. 12143). ``(k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2015 through 2020.''. (b) Clerical Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 5307 the following: ``5308. Transit accessibility innovation program.''. SEC. 3. RAISING CAPS ON USE OF FORMULA FUNDS FOR PROVISION OF NONFIXED ROUTE PARATRANSIT TRANSPORTATION SERVICES. Section 5302(3)(I) of title 49, United States Code, is amended by striking ``10 percent'' and inserting ``15 percent''.

Summary: Transit Accessibility Innovation Act of 2014 - Directs the Secretary of Transportation (DOT) to implement a transit accessibility innovation program by distributing competitive discretionary grants to public transit agencies for eligible projects in order to encourage public transit systems to take action to address deficiencies in service for individuals with disabilities. Directs the Secretary, for each fiscal year, to use 2% of funds made available under this Act to carry out activities to ensure that innovative practices, program models, and new service delivery options are collected, reviewed, and disseminated to other public transit agencies for replication in other communities. Directs the Secretary, for each fiscal year, also to use certain funds to carry out a transportation promotion pilot program to ensure that: (1) public transit agencies fulfill their requirements under the Americans with Disabilities Act of 1990 (ADA), and (2) individuals with disabilities have advocates to ensure greater opportunities for integration and access into transit systems. Requires the Secretary to make grants to: (1) agencies implementing a system established under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 that have demonstrated histories of transportation expertise or advocacy, and (2) nonprofit organizations that have also demonstrated such histories. Increases from 10% to 15% the limitation on the use of a recipient's annual formula apportionment for provision of nonfixed route paratransit transportation services in accordance with the ADA.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Suspend Brazil GSP Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) According to the Department of State, there are at least 50 cases involving at least 64 children who were habitual residents of the United States and who were removed to Brazil by one parent, wrongfully denying custody to the parent in the United States, and who have not been returned to the United States as required under the Convention on the Civil Aspects of International Child Abduction, done at the Hague on October 25, 1980 (TIAS 11670; in this section referred to as the ``Hague Convention''). (2) David Goldman, a United States citizen and resident of New Jersey, has been trying unsuccessfully since June 2004 to secure the return of his son Sean to the United States where Sean maintained his habitual residence until his mother, Bruna Bianchi Ribeiro Goldman, removed Sean to Brazil. (3) On September 3, 2004, Mr. Goldman filed an application for the immediate return of Sean to the United States under the Hague Convention to which both the United States and Brazil are party and which entered into force between Brazil and the United States on December 1, 2003. (4) Pursuant to Article 12 of the Hague Convention, the judicial authority of Brazil was required to order Sean's return to the United States ``forthwith'', customarily defined under international law as within six weeks after an application for return has been filed. (5) On October 13, 2005, the Brazilian court refused to return Sean in contravention of Brazil's obligations under the Hague Convention even though it found that Sean was a habitual resident of the United States and, pursuant to international law, had been wrongfully removed and retained in Brazil. (6) On August 22, 2008, Mrs. Goldman passed away in Brazil leaving Sean without a mother and separated from his biological father in the United States. Instead of returning Sean to the custody of his father David, Mrs. Goldman's second husband, Joao Paulo Lins e Silva, petitioned the Brazilian courts for custody rights over Sean. (7) On September 25, 2008, Mr. Goldman filed an amended application under the Hague Convention against Mr. Lins e Silva for the return of custody over Sean. (8) On June 1, 2009, a federal court judge in Brazil ordered that Sean be turned over to the United States consulate in Rio de Janeiro and returned to his father on June 3, 2009. The court further ordered that, following a 30-day adaptation period in the United States, Mr. Goldman be given full custody over Sean. (9) On June 2, 2009, one Brazilian Supreme Court justice suspended the order of the first level of the Federal Court on the basis of a motion filed by the Progressive Party, a small Brazilian political party, that objects to the application of the Hague Convention in Brazil. This suspension must now be heard by the full Supreme Court, could further delay the Goldman case for months, and could prevent the return of any other abducted children to the United States. (10) Brazil is a primary beneficiary under the Generalized System of Preferences program. In 2008, Brazil received duty- free status under the GSP for United States imports totaling $2.75 billion. (11) A country that refuses to abide by its international obligations pursuant to the Hague Convention and recognize the international rights of parents and their children from the United States should not be able to export goods to the United States duty-free under the Generalized System of Preferences program. (b) Declaration of Purpose.--The purpose of this Act is to-- (1) attain the immediate return of Sean Goldman and all children to the United States who are being held wrongfully in Brazil in contravention of the Hague Convention; and (2) impress upon the judiciary, central authority, and law enforcement of Brazil the importance of abiding by their respective obligations pursuant to the Hague Convention. SEC. 3. SUSPENSION OF APPLICATION OF GENERALIZED SYSTEM OF PREFERENCES FOR BRAZIL. (a) Notification of Suspension of Duty-Free Treatment.--Not later than 7 days after the date of the enactment of this Act, the President shall notify the member countries of the World Trade Organization that the United States is suspending the application of Generalized System of Preferences for Brazil in accordance with the requirements of this section. (b) Suspension of Duty-Free Treatment.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the President shall suspend the application of Generalized System of Preferences for Brazil. (2) Waiver.--The President may waive the application of paragraph (1) if the President determines and reports to the appropriate congressional committees that it is important to the national interests of the United States to do so. (c) Reinstatement of Duty-Free Treatment.--The President may reinstate the application of Generalized System of Preferences for Brazil if the President certifies to the appropriate congressional committees that the following requirements have been satisfied: (1) The central authority of Brazil is complying with its obligations under the Convention on the Civil Aspects of International Child Abduction, done at the Hague on October 25, 1980 (TIAS 11670; in this section referred to as the ``Hague Convention'') with respect to international child abduction cases involving children from the United States. (2) The judicial system of Brazil is complying with its obligations under the Hague Convention with respect to international child abduction cases involving children from the United States. (3) The law enforcement system of Brazil is complying with its obligations under the Hague Convention with respect to international child abductions cases involving children from the United States. SEC. 4. DEFINITIONS. In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Finance of the Senate. (2) Generalized system of preferences.--The term ``Generalized System of Preferences'' means duty-free treatment provided to eligible articles from beneficiary developing countries under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.).

Summary: Suspend Brazil GSP Act - Declares that it is the purpose of this Act to: (1) attain the immediate return of Sean Goldman and all children of the United States who are being held wrongfully in Brazil in contravention of the Convention on the Civil Aspects of International Child Abduction (Hague Convention); and (2) impress upon Brazil the importance of abiding by their obligations under the Hague Convention with respect to international child abduction cases involving children from the United States. Directs the President to: (1) notify World Trade Organization (WTO) member countries, not later than seven days after enactment of this Act, that the United States is suspending the Generalized System of Preferences (GSP) for Brazil; and (2) suspend, not later than 30 days after enactment of this Act, GSP and duty-free treatment for Brazil. Authorizes the President to reinstate GSP and duty-free treatment for Brazil if he certifies to Congress that Brazil is complying with the Hague Convention.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Energy Review Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) the President's Council of Advisors on Science and Technology recommends that the United States develop a Government wide Federal energy policy and update the policy regularly with strategic Quadrennial Energy Reviews similar to the reviews conducted by the Department of Defense; (2) as the lead agency in support of energy science and technology innovation, the Department of Energy has conducted a Quadrennial Technology Review of the energy technology policies and programs of the Department; (3) the Quadrennial Technology Review of the Department of Energy serves as the basis for coordination with other agencies and on other programs for which the Department has a key role; (4) a Quadrennial Energy Review would-- (A) establish integrated, Government wide national energy objectives in the context of economic, environmental, and security priorities; (B) coordinate actions across Federal agencies; (C) identify the resources needed for the invention, adoption, and diffusion of energy technologies; and (D) provide a strong analytical base for Federal energy policy decisions; (5) the development of an energy policy resulting from a Quadrennial Energy Review would-- (A) enhance the energy security of the United States; (B) create jobs; and (C) mitigate environmental harm; and (6) while a Quadrennial Energy Review will be a product of the executive branch, the review will have substantial input from-- (A) Congress; (B) the energy industry; (C) academia; (D) nongovernmental organizations; and (E) the public. SEC. 3. QUADRENNIAL ENERGY REVIEW. Section 801 of the Department of Energy Organization Act (42 U.S.C. 7321) is amended to read as follows: ``SEC. 801. QUADRENNIAL ENERGY REVIEW. ``(a) Definitions.--In this section: ``(1) Director.--The term `Director' means the Director of the Office of Science and Technology Policy. ``(2) Federal laboratory.-- ``(A) In general.--The term `Federal Laboratory' has the meaning given the term `laboratory' in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)). ``(B) Inclusion.--The term `Federal Laboratory' includes a federally funded research and development center sponsored by a Federal agency. ``(3) Interagency working group.--The term `interagency working group' means a working group established under subsection (b)(1). ``(4) Quadrennial energy review.--The term `Quadrennial Energy Review' means a comprehensive multiyear examination of the energy programs and technologies of the Federal Government conducted under this section. ``(b) Interagency Working Group.-- ``(1) Establishment of interagency working group.-- Beginning on February 1, 2013, and every 4 years thereafter, the President shall establish an interagency working group to coordinate the Quadrennial Energy Review. ``(2) Co-chairpersons.--The Secretary and the Director shall be co-chairpersons of the interagency working group. ``(3) Membership.--The interagency working group shall be comprised of representatives at level I or II of the Executive Schedule of-- ``(A) the Department of Commerce; ``(B) the Department of Defense; ``(C) the Department of State; ``(D) the Department of the Interior; ``(E) the Department of Agriculture; ``(F) the Department of the Treasury; ``(G) the Department of Transportation; ``(H) the Office of Management and Budget; ``(I) the National Science Foundation; ``(J) the Environmental Protection Agency; and ``(K) such other Federal organizations, departments, and agencies that the President considers to be appropriate. ``(c) Conduct of Review.--Each Quadrennial Energy Review shall be conducted to provide an integrated view of national energy objectives and Federal energy policy, including alignment of research programs, incentives, regulations, and partnerships. ``(d) Submission of Quadrennial Energy Review to Congress.-- ``(1) In general.--Not later than February 1, 2014, and every 4 years thereafter, the Secretary, in cooperation with the Director, shall publish and submit to Congress a report on the Quadrennial Energy Review. ``(2) Inclusions.--The report described in paragraph (1) shall include, at a minimum-- ``(A) an integrated view of short-, intermediate-, and long-term objectives for Federal energy policy in the context of economic, environmental, and security priorities; ``(B) anticipated Federal actions (including programmatic, regulatory, and fiscal actions) and resource requirements-- ``(i) to achieve the objectives described in subparagraph (A); and ``(ii) to be coordinated across multiple agencies; ``(C) an analysis of the prospective roles of parties (including academia, industry, consumers, the public, and Federal agencies) in achieving the objectives described in subparagraph (A), including-- ``(i) an analysis, by energy use sector, of-- ``(I) commercial and residential buildings; ``(II) industry; ``(III) transportation; ``(IV) electric power; and ``(V) agriculture; ``(ii) requirements for invention, adoption, development, and diffusion of energy technologies that are mapped onto each of the energy use sectors; and ``(iii) other research that inform strategies to incentivize desired actions; ``(D) an assessment of policy options to increase domestic energy supplies; ``(E) an evaluation of energy storage, transmission, and distribution requirements, including requirements for renewable energy; ``(F) an integrated plan for the involvement of the Federal Laboratories in energy programs; ``(G) portfolio assessments that describe the optimal deployment of resources, including prioritizing financial resources for energy programs; ``(H) a mapping of the linkages among basic research and applied programs, demonstration programs, and other innovation mechanisms across the Federal agencies; ``(I) an identification of, and projections for, demonstration projects, including timeframes, milestones, sources of funding, and management; ``(J) an identification of public and private funding needs for various energy technologies, systems, and infrastructure, including consideration of public- private partnerships, loans, and loan guarantees; ``(K) an assessment of global competitors and an identification of programs that can be enhanced with international cooperation; ``(L) an identification of policy gaps that need to be filled to accelerate the adoption and diffusion of energy technologies, including-- ``(i) Federal tax policies; and ``(ii) the role of Federal agencies as early adopters and purchasers of new energy technologies; ``(M) an analysis of-- ``(i) points of maximum leverage for policy intervention to achieve outcomes; and ``(ii) areas of energy policy that can be most effective in meeting national goals for the energy sector; and ``(N) recommendations for executive branch organization changes to facilitate the development and implementation of Federal energy policies. ``(e) Executive Secretariat.-- ``(1) In general.--The Secretary shall provide the Executive Secretariat with the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review required under this section. ``(2) Cooperation.--The heads of applicable Federal agencies shall cooperate with the Secretary and provide such assistance, information, and resources as the Secretary may require to assist in carrying out this section.''.

Summary: Quadrennial Energy Review Act of 2011 - Amends the Department of Energy Organization Act to direct the President to establish an interagency working group to coordinate the Quadrennial Energy Review to provide an integrated view of national energy objectives and federal energy policy, including alignment of research programs, incentives, regulations, and partnerships. Requires the Secretary of Energy, in cooperation with the Director of the Office of Science and Technology Policy, to report to Congress on the Quadrennial Energy Review, including an integrated view of short-, intermediate-, and long-term objectives for federal energy policy in the context of economic, environmental, and security priorities. Requires the Secretary to provide the Executive Secretariat with the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Wood Stove Regulatory Relief Act of 2014''. SEC. 2. REGULATION OF NEW RESIDENTIAL WOOD HEATERS, NEW RESIDENTIAL HYDRONIC HEATERS, NEW FORCED-AIR FURNACES, AND NEW RESIDENTIAL MASONRY HEATERS. (a) Prohibition.--During the period specified in subsection (c), the Administrator may not finalize, issue, implement, or enforce any rule described in subsection (b) unless such rule meets the requirements described in subsection (d). (b) Rules.--Subsection (a) applies with respect to-- (1) the proposed rule entitled ``Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces, and New Residential Masonry Heaters'' published at 79 Fed. Reg. 6330 (February 3, 2014) or any successor or substantially similar rule; and (2) any other rule under section 111 of the Clean Air Act (42 U.S.C. 7411) that is applicable to any new source that is a residential wood heater, a residential hydronic heater, a forced-air furnace, or a residential masonry heater. (c) Applicability.--This Act applies during the 8-year period beginning on the date of enactment of this Act. (d) Requirements.-- (1) Numeric emission limits.--During the period specified in subsection (c), in finalizing or issuing any rule described in subsection (b), the Administrator may not establish a particulate matter emissions limit-- (A) for adjustable rate wood heaters or pellet heaters/stoves that were, on or before the effective date of the rule, certified as being in compliance with any applicable standard of performance for particulate matter, that is less than 4.5 grams of particulate matter per hour; (B) for all other adjustable rate wood heaters, single burn rate wood heaters, or pellet heaters/ stoves, that is less than 4.5 grams of particulate matter per hour; (C) for any residential hydronic heater, that is less than 0.32 pound per million British thermal unit heat output as measured under ASTM E2618-13 ``Standard Test Method for Measurement of Particulate Emissions and Heating Efficiency of Solid Fuel-Fired Hydronic Heating Appliances'' using either cordwood or cribs; or (D) for any forced-air furnace, that is less than 0.93 pound per million British thermal unit heat output. (2) Transition period.--During the period specified in subsection (c), in finalizing or issuing any rule described in subsection (b), the Administrator shall-- (A) with respect to a residential wood heater that was certified on or before the effective date of the rule by the Administrator as in compliance with any applicable emissions limit in effect prior to the date of enactment of this Act-- (i) provide that such certification shall remain valid until the date that is five years after such heater was certified; and (ii) permit any such heater to be manufactured and sold at retail until the date that is five years after such heater was certified; (B) with respect to a forced-air furnace-- (i) except as provided in clause (ii)-- (I) that is manufactured on or before the effective date of such rule, permit such forced-air furnace to be sold at retail for a period of at least one year after such effective date; or (II) that is manufactured after the effective date of such rule, not require such forced-air furnace to meet any applicable particulate matter emissions limit set forth in such rule until the date that is at least one year after such effective date; or (ii) that was tested under Canadian Standards Administration B415.1-10 test protocol on or before the effective date of the rule and met a particulate matter emissions limit of 0.93 pound per million British thermal unit heat output, permit such forced-air furnace to be manufactured and sold at retail for a period of five years after such effective date; and (C) with respect to a hydronic heater that-- (i) is a qualified model, deem such hydronic heater to be certified as in compliance with any otherwise applicable emissions limit under such rule for the duration of the period it would be considered a qualified model, but in no case for a period of less than 3 years beginning on the effective date of such rule; or (ii) is not a qualified model and that is manufactured on or before the effective date of such rule, permit such hydronic heater to be sold at retail for a period of at least one year after such effective date. (3) Certification procedures.-- (A) Independent accredited third party testing and certification.--During the period specified in subsection (c), in finalizing or issuing any rule described in subsection (b), the Administrator shall provide that certifications of compliance with any applicable emissions limit under such rule be issued by independent third party laboratories accredited as certification bodies under ISO/IEC 17065, based on testing performed by the certification body or another laboratory accredited under ISO/IEC 17025 to perform certification testing. (B) Limited role of epa.--During the period specified in subsection (c), in finalizing or issuing any rule described in subsection (b), the Administrator shall provide that the Environmental Protection Agency's role in any certification or auditing process provided in such rule shall be limited to conducting selective audits of the testing, certification, and quality assurance/quality control functions performed by certification bodies or test laboratories that are accredited by the ISO. (e) Definitions.--In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) ISO.--The term ``ISO'' means the International Organization for Standardization. (3) ISO/IEC 17025.--The term ``ISO/IEC 17025'' means the International Organization for Standardization/International Electrotechnical Commission standard number 17025. (4) ISO/IEC 17065.--The term ``ISO/IEC 17065'' means the International Organization for Standardization/International Electrotechnical Commission standard number 17065. (5) New source.--The term ``new source'' has the meaning given such term in section 111(a)(2) of the Clean Air Act (42 U.S.C. 7411(a)(2)). (6) Standard of performance.--The term ``standard of performance'' has the meaning given such term in section 111(a)(1) of the Clean Air Act (42 U.S.C. 7411(a)(1)). (7) Qualified model.--The term ``qualified model'' means, with respect to a hydronic heater, a model that had been shown to meet performance levels established by the Administrator under a voluntary partnership program in effect prior to the date of enactment of this Act.

Summary: Wood Stove Regulatory Relief Act of 2014 - Prohibits the Administrator of the Environmental Protection Agency (EPA), for an eight-year period, from finalizing, issuing, implementing, or enforcing rules under the Clean Air Act applicable to any new source of air pollutants that is a residential wood heater, a residential hydronic heater, a forced-air furnace, or a residential masonry heater unless the rules comply with this Act. Prohibits the Administrator from setting particulate matter emission limits below a specified threshold for adjustable rate wood heaters, single burn rate wood heaters, pellet heaters/stoves, residential hydronic heaters, and forced-air furnaces. Phases in requirements for complying with emission limits. Sets forth provisions requiring third-party testing of compliance with emission limits.


SECTION 1. AUTHORIZATION OF APPROPRIATIONS OF ADDITIONAL AMOUNT FOR FISCAL YEAR 2000 FOR DISASTER RELIEF FOR THE VICTIMS OF HURRICANE FLOYD. (a) Findings.--Congress finds that-- (1) between August 29 and September 9, 1999, Hurricane Dennis hovered off the coast of North Carolina and eventually made landfall off Cape Hatteras; (2) Hurricane Dennis brought 20 inches of rain to portions of North Carolina, wiped out significant portions of the highway network on the North Carolina Outer Banks, and flooded homes and businesses; (3) Hurricane Dennis caused millions of dollars in damage to houses, businesses, farms, fishermen, roads, beaches and protective dunes; (4) between September 14 and 16, 1999, Hurricane Floyd menaced most of the southeastern seaboard of the United States, provoking the largest peace time evacuation of eastern Florida, the Georgia coast, the South Carolina coast, and the North Carolina Coast; (5) on September 16, 1999, in the early morning hours, Hurricane Floyd made landfall at the Cape Fear River, dumping up to 18 inches of rain on sections of North Carolina only days after the heavy rainfall from Hurricane Dennis; (6) the result of the landfall of Hurricane Floyd was the worst recorded flooding in the history of North Carolina; (7) after making landfall, Hurricane Floyd continued to move up the eastern seaboard, causing flooding and tornadoes in Virginia, Maryland, Pennsylvania, New Jersey, New York and Connecticut; (8) Hurricane Floyd is responsible for the known deaths of 54 people, 35 of whom were confirmed dead in North Carolina, 3 in New Jersey, 2 in New York, 6 in Pennsylvania, 4 in Virginia, 2 in Delaware, 1 in Vermont, and 1 in Connecticut, with many people still missing; (9) as the flood waters recede, the death toll from Hurricane Floyd is expected to grow; (10) farmers and fishermen have been among the most drastically affected by Hurricane Floyd; (11) in North Carolina alone, the agricultural loss estimates are already $1,300,000,000, and are likely to rise far higher; (12) North Carolina is the third most agriculturally diverse State in the country, producing, among other products, tobacco, cotton, peanuts, soybeans, corn, sweet potatoes, livestock, dairy, and produce; (13) last year in North Carolina, the total commodities sold from the State topped $7 billion, and in Virginia they generated $2.4 billion in cash receipts; (14) in North Carolina, more than 100,000 hogs have drowned, and more than 3,000,000 poultry have been killed by the flooding; (15) an estimated 120,000,000 gallons of hog waste have spilled into the environment, polluting rivers and ground water, and dozens of waste lagoons have been destroyed or flooded; (16) millions of other animals in North Carolina are in danger of starving to death, trapped in areas where it is impossible to deliver feed; (17) 80 percent of the North Carolina cotton crop, 25 percent of the Virginia cotton crop, 75 to 80 percent of the soybean crop, and 75 to 80 percent of the peanut crop (including 25 percent of the Virginia peanut crop) are expected to be lost; (18) the North Carolina sweet potato crop may be a complete loss; (19) seed crops in the area have been almost completely destroyed; (20) farming equipment throughout the area has been destroyed; (21) debris cleanup in affected areas will be overwhelming, and the possibility of soil contamination will have to be assessed on farms across the State; and (22) hundreds of fishermen have lost their boats as a result of the force of Hurricane Floyd and Hurricane Dennis. (b) Authorization of Appropriations.-- (1) Agriculture.--There is authorized to be appropriated for the Department of Agriculture for fiscal year 2000, $3,000,000,000, to remain available until expended, for expenses of the Department relating to the provision of disaster relief for agricultural producers affected by Hurricane Floyd and for other Hurricane Floyd-related relief under-- (A) the flooded land reserve program, in accordance with section 1124 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998 (Public Law 105-277; 7 U.S.C. 1421 note); (B) the Wetlands Reserve Program, authorized by subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837); (C) the Environmental Quality Incentives Program under chapter 4 of subtitle D of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.); (D) the Emergency Conservation Program under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.); (E) the rural housing insurance fund under section 502 of the Housing Act of 1949 (42 U.S.C. 1487); (F) the program to provide low income housing repair grants under section 504 of the Housing Act of 1949 (42 U.S.C. 1474); and (G) any other program that provides appropriate disaster relief, as determined by the Secretary of Agriculture. (2) Commerce.--There is authorized to be appropriated for the Department of Commerce for fiscal year 2000, $50,000,000 for expenses of the Department of Commerce to provide emergency disaster assistance to persons or entities that have incurred losses from a commercial fishery failure described in 308(b)(1) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(b)) and due to Hurricane Floyd, to remain available until expended. (3) FEMA.--There is authorized to be appropriated for the Federal Emergency Management Agency for fiscal year 2000, $250,000,000 for emergency expenses resulting from Hurricane Floyd, to remain available until expended. (c) Construction.--The amounts authorized to be appropriated by subsection (b) are in addition to any other amounts authorized to be appropriated for the Department of Agriculture, the Department of Commerce or the Federal Emergency Management Agency for fiscal year 2000 for the expenses described in that subsection. (d) Designation As Emergency Spending.--The appropriation of any amount under an authorization of appropriations in subsection (b) shall be-- (1) designated as emergency spending in accordance with section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)); and (2) made available on an emergency basis.

Summary: Authorizes appropriations for: (1) the Department of Commerce for FY 2000 for expenses of providing emergency disaster assistance to persons or entities that have incurred losses from a commercial fishery failure due to Hurricane Floyd; and (2) the Federal Emergency Management Agency for FY 2000 for emergency expenses resulting from Hurricane Floyd. Provides that the appropriation of any amount authorized under this Act shall be: (1) designated as emergency spending in accordance with the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act); and (2) made available on an emergency basis.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Rate Review Act''. SEC. 2. PROTECTION OF CONSUMERS FROM EXCESSIVE, UNJUSTIFIED, OR UNFAIRLY DISCRIMINATORY RATES. (a) Protection From Excessive, Unjustified, or Unfairly Discriminatory Rates.--The first section 2794 of the Public Health Service Act (42 U.S.C. 300gg-94), as added by section 1003 of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by adding at the end the following new subsection: ``(e) Protection From Excessive, Unjustified, or Unfairly Discriminatory Rates.-- ``(1) Authority of states.--Nothing in this section shall be construed to prohibit a State from imposing requirements (including requirements relating to rate review standards and procedures and information reporting) on health insurance issuers with respect to rates that are in addition to the requirements of this section and are more protective of consumers than such requirements. ``(2) Consultation in rate review process.--In carrying out this section, the Secretary shall consult with the National Association of Insurance Commissioners and consumer groups. ``(3) Determination of who conducts reviews for each state.--The Secretary shall determine, after the date of enactment of this section and periodically thereafter, the following: ``(A) In which States the State insurance commissioner or relevant State regulator shall undertake the corrective actions under paragraph (4), as a condition of the State receiving the grant in subsection (c), based on the Secretary's determination that the State is adequately prepared to undertake and is adequately undertaking such actions. ``(B) In which States the Secretary shall undertake the corrective actions under paragraph (4), in cooperation with the relevant State insurance commissioner or State regulator, based on the Secretary's determination that the State is not adequately prepared to undertake or is not adequately undertaking such actions. ``(4) Corrective action for excessive, unjustified, or unfairly discriminatory rates.--In accordance with the process established under this section, the Secretary or the relevant State insurance commissioner or State regulator shall take corrective actions to ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected prior to implementation, or as soon as possible thereafter, including through mechanisms such as-- ``(A) denying rates; ``(B) modifying rates; or ``(C) requiring rebates to consumers.''. (b) Clarification of Regulatory Authority.--Such section is further amended-- (1) in subsection (a)-- (A) in the heading, by striking ``Premium'' and inserting ``Rate''; (B) in paragraph (1), by striking ``unreasonable increases in premiums'' and inserting ``potentially excessive, unjustified, or unfairly discriminatory rates, including premiums,''; and (C) in paragraph (2)-- (i) by striking ``an unreasonable premium increase'' and inserting ``a potentially excessive, unjustified, or unfairly discriminatory rate''; (ii) by striking ``the increase'' and inserting ``the rate''; and (iii) by striking ``such increases'' and inserting ``such rates''; (2) in subsection (b)-- (A) by striking ``premium increases'' each place it appears and inserting ``rates''; and (B) in paragraph (2)(B), by striking ``premium'' and inserting ``rate''; and (3) in subsection (c)(1)-- (A) in the heading, by striking ``Premium'' and inserting ``Rate''; (B) by inserting ``that satisfy the condition under subsection (e)(3)(A)'' after ``award grants to States''; and (C) in subparagraph (A), by striking ``premium increases'' and inserting ``rates''. (c) Conforming Amendment.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended-- (1) in section 2723 (42 U.S.C. 300gg-22), as redesignated by the Patient Protection and Affordable Care Act-- (A) in subsection (a)-- (i) in paragraph (1), by inserting ``and section 2794'' after ``this part''; and (ii) in paragraph (2), by inserting ``or section 2794'' after ``this part''; and (B) in subsection (b)-- (i) in paragraph (1), by inserting ``and section 2794'' after ``this part''; and (ii) in paragraph (2)-- (I) in subparagraph (A), by inserting ``or section 2794 that is'' after ``this part''; and (II) in subparagraph (C)(ii), by inserting ``or section 2794'' after ``this part''; and (2) in section 2761 (42 U.S.C. 300gg-61)-- (A) in subsection (a)-- (i) in paragraph (1), by inserting ``and section 2794'' after ``this part''; and (ii) in paragraph (2)-- (I) by inserting ``or section 2794'' after ``set forth in this part''; and (II) by inserting ``and section 2794'' after ``the requirements of this part''; and (B) in subsection (b)-- (i) by inserting ``and section 2794'' after ``this part''; and (ii) by inserting ``and section 2794'' after ``part A''. (d) Applicability to Grandfathered Plans.--Section 1251(a)(4)(A) of the Patient Protection and Affordable Care Act (Public Law 111-148), as added by section 2301 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), is amended by adding at the end the following: ``(v) Section 2794 (relating to reasonableness of rates with respect to health insurance coverage).''. (e) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act.

Summary: Health Insurance Rate Review Act - Amends the Public Health Service Act to declare that federal provisions requiring the Secretary of Health and Human Services (HHS) to review unreasonable premium increases in health care coverage shall not be construed to prohibit a state from imposing additional rate requirements on health insurance issuers that are more protective of consumers. Expands such review to include all rate increases, not only premium increases. Directs the Secretary or the relevant state insurance commissioner (or state regulator) to take corrective actions to ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected prior to, or as soon as possible after, implementation, including through mechanisms such as denying rates, modifying rates, or requiring rebates to consumers. Requires the Secretary to determine whether the state insurance commissioner or regulator or the Secretary will undertake such corrective actions based on whether the state can adequately undertake such actions. Applies these provisions to grandfathered health plans under the Patient Protection and Affordable Care Act.


SECTION 1. HIGHWAY FUEL TAX HOLIDAY. (a) Temporary Suspension of Highway Fuel Taxes on Gasoline and Diesel Fuel.-- (1) In general.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Suspension of Taxes on Gasoline and Diesel Fuel.-- ``(1) In general.--During the applicable period, each rate of tax referred to in paragraph (2) shall be reduced to zero cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are-- ``(A) the rate of tax otherwise applicable to gasoline under clause (i) of subsection (a)(2)(A), determined with regard to subsection (a)(2)(B) and without regard to subsection (a)(2)(C), ``(B) the rate of tax otherwise applicable to diesel fuel under clause (iii) of subsection (a)(2)(A), determined with regard to subsection (a)(2)(B) and without regard to subsection (a)(2)(C), and ``(C) the rate of tax otherwise applicable to diesel fuel under paragraph (1) of section 4041(a) with respect to fuel sold for use or used in a diesel- powered highway vehicle. ``(3) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning on May 26, 2008, and ending on September 1, 2008. ``(4) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Highway Trust Fund under section 9503 and to the Leaking Underground Storage Tank Trust Fund under 9508, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section or section 4041.''. (2) Effective date.--The amendment made by this subsection shall take effect on the date of the enactment of this Act. (b) Floor Stock Refunds.-- (1) In general.--If-- (A) before the tax suspension date, a tax referred to in section 4081(f)(2) of the Internal Revenue Code of 1986 has been imposed under such Code on any liquid, and (B) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer''), against the taxpayer's subsequent semi-monthly deposit of such tax, an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on the tax suspension date. (2) Time for filing claims; certifications necessary to file claims.-- (A) In general.--No credit or refund shall be allowed or made under this subsection-- (i) unless claim therefore is filed with the Secretary before the date which is 6 months after the tax suspension date, and (ii) in any case where liquid is held by a dealer (other than the taxpayer) on the tax suspension date, unless the taxpayer files with the Secretary-- (I) a certification that the taxpayer has given a credit to such dealer with respect to such liquid against the dealer's first purchase of liquid from the taxpayer subsequent to the tax suspension date, and (II) a certification by such dealer that such dealer has given a credit to a succeeding dealer (if any) with respect to such liquid against the succeeding dealer's first purchase of liquid from such dealer subsequent to the tax suspension date. (B) Reasonableness of claims certified.--Any certification made under subparagraph (A) shall include an additional certification that the claim for credit was reasonably based on the taxpayer's or dealer's past business relationship with the succeeding dealer. (3) Definitions.--For purposes of this subsection-- (A) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (B) the term ``tax suspension date'' means May 26, 2008. (4) Certain rules to apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection. (c) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any liquid on which tax would have been imposed under section 4081 of the Internal Revenue Code of 1986 during the applicable period but for the amendment made by subsection (a), and which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax in an amount equal to the tax which would be imposed on such liquid had the taxable event occurred on the floor stocks tax date. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the date which is 6 months after the floor stocks tax date. (3) Definitions.--For purposes of this subsection-- (A) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (B) Gasoline and diesel fuel.--The terms ``gasoline'' and ``diesel fuel'' have the respective meanings given such terms by section 4083 of such Code. (C) Floor stocks tax date.--The term ``floor stocks tax date'' means September 2, 2008. (D) Applicable period.--The term ``applicable period'' means the period described in section 4081(f)(3) of such Code. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to gasoline or diesel fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of such Code is allowable for such use. (5) Exception for fuel held in vehicle tank.--No tax shall be imposed by paragraph (1) on gasoline or diesel fuel held in the tank of a motor vehicle. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1)-- (i) on gasoline (other than aviation gasoline) held on the floor stocks tax date by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (ii) on diesel fuel held on such date by any person if the aggregate amount of diesel fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5). (C) Controlled groups.--For purposes of this paragraph-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (7) Other law applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this paragraph, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081. (d) Secretary.--For purposes of this section, the term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (e) Benefits of Tax Reduction Should Be Passed on to Consumers.--It is the policy of Congress that-- (1) consumers immediately receive the benefit of the reduction in taxes resulting from the amendment made by subsection (a), and (2) transportation motor fuels producers and other dealers take such actions as necessary to reduce transportation motor fuels prices to reflect such reduction, including immediate credits to customer accounts representing tax refunds allowed as credits against excise tax deposit payments under the floor stocks refund provisions of subsection (b).

Summary: Amends the Internal Revenue Code to suspend excise taxes on gasoline and diesel fuels between May 26, 2008, and September 1, 2008. Provides for reimbursement from the Treasury to the Highway Trust Fund for any reduction in Trust Fund receipts resulting from such suspension. Expresses the policy of Congress that: (1) consumers immediately receive the benefit of the reduction in taxes resulting from this Act; and (2) transportation motor fuels producers and other dealers take necessary actions to reduce fuel prices to reflect such reduction in taxes.