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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Emergency Relief
CDBG Flexibility Act of 2005''.
SEC. 2. SUSPENSION OF PUBLIC SERVICES CAP.
(a) Units of General Local Government and Indian Tribes.--
(1) Suspension for directly affected communities.--The
percentage limitations under paragraph (8) of section 105(a) of
the Housing and Community Development Act of 1974 (42 U.S.C.
5305(a)(8)) on the amount of assistance under title I of such
Act that may be used for the provision of public services by a
unit of general local government or Indian tribe that is, or is
within, a directly affected community (as such term is defined
in section 4 of this Act) shall not apply with respect to any
of fiscal years 2005 through 2008 for such unit of general
local government or Indian tribe.
(2) Authority to suspend for indirectly affected
communities.--For any indirectly affected community (as such
term is defined in section 4 of this Act), the Secretary may
waive the applicability, for such period during the fiscal
years referred to in paragraph (1) as the Secretary considers
appropriate, of the percentage limitations under paragraph (8)
of section 105(a) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5305(a)(8)) on the amount of assistance
under title I of such Act that may be used for the provision of
public services by a unit of general local government or Indian
tribe that is, or is within, such indirectly affected
community. In determining the period for which to waive such
limitations, the Secretary shall take into consideration the
specific economic circumstances of each such indirectly
affected community.
(b) Nonentitlement Communities.--Assistance provided under title I
of the Housing and Community Development Act of 1974 may be used for
the provision of public services in any directly affected community (as
such term is defined in section 4 of this Act) without regard to the
percentage limitations under paragraph (8) of section 105(a) of such
Act (42 U.S.C. 5305(a)(8)) on the amount of assistance that may be used
statewide in nonentitlement communities for such activities and any
such amounts so used in any directly affected community shall not be
considered for purposes of such statewide limitations.
SEC. 3. SUSPENSION OF PUBLIC HEARING REQUIREMENT.
(a) In General.--The Secretary shall, with respect to a grant under
section 106 of the Housing and Community Development Act of 1974 (42
U.S.C. 5306) for fiscal year 2006 for any unit of general local
government or Indian tribe that is, or is located in, a directly
affected community, waive or specify alternative requirements for the
public hearing requirements specified under subsection (b).
(b) Public Hearing Requirements.--The public hearing requirements
specified under this subsection are--
(1) the requirement under section 104(a)(2)(C) of the
Housing and Community Development Act of 1974 (42 U.S.C.
5304(a)(2)(C)) to hold public hearings;
(2) the requirements under subparagraphs (D) and (F) of
section 104(a)(3) of such Act to make certifications in the
detailed citizenship participation plan regarding public
hearings; and
(3) any requirement pursuant to section 106(d)(7)(C) of
such Act (42 U.S.C. 5306(d)(7)(C)) to hold public hearings.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Directly affected community.--The term ``directly
affected community'' means a unit of general local government
or area for which the President has declared a major disaster
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in connection with
Hurricane Katrina or Hurricane Rita.
(2) Indirectly affected community.--The term ``indirectly
affected community'' means a unit of general local government
or area that--
(A) is a metropolitan city, urban county, or Indian
tribe (as such terms are defined in section 102(a) of
the Housing and Community Development Act of 1974 (42
U.S.C. 5304(a));
(B) is not, and is not within, a directly affected
community; and
(C) is determined by the Secretary of Housing and
Urban Development to have been significantly affected
economically by the occurrence of Hurricane Katrina or
Hurricane Rita (including economic effects from the
presence of persons evacuated from an area for which
the President has declared a major disaster in
connection with Hurricane Katrina or Hurricane Rita).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
Passed the House of Representatives October 6, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Hurricane Katrina Emergency Relief CDBG Flexibility Act of 2005 - Directs the Secretary of Housing and Urban Development (HUD) to: (1) suspend the community development block grant public services cap for FY2005-FY2008 for communities directly or indirectly affected by Hurricane Katrina or Hurricane Rita; (2) consider the specific economic circumstances of each indirectly affected community in determining the length of such suspension; and (3) waive or find alternative specified public hearing requirements in FY2006 for a directly affected community.
Authorizes similar fund use in directly affected nonentitlement areas, and provides that such amounts shall not be considered for statewide limitation purposes.
Defines: (1) "directly affected community" as a unit of general local government or area that is located in an area for which the President has declared a major disaster as a result of Hurricane Katrina or Hurricane Rita; and (2) "indirectly affected community" as a unit of general local government or area that is a metropolitan city, urban county, or Indian tribe that is not a directly affected community and is determined by the Secretary to have been significantly affected economically by the occurrence of Hurricane Katrina or Hurricane Rita (including from the presence of Katrina- or Rita-evacuated persons). | To temporarily suspend, for communities affected by Hurricane Katrina or Hurricane Rita, certain requirements under the community development block grant program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korea State Sponsor of
Terrorism Designation Act of 2016''.
SEC. 2. REPORT ON DESIGNATION OF NORTH KOREA AS A STATE SPONSOR OF
TERRORISM.
(a) Findings.--Congress finds the following:
(1) The Government of North Korea has harbored members of
the Japanese Red Army since a 1970 hijacking and continues to
harbor the surviving hijackers to this day.
(2) North Korea bombed Korean Airlines Flight 858 in
November 1987, killing 115 people, and carried out the Rangoon
bombing of 1983, killing 21 people, including 13 senior South
Korean officials and two members of the Presidential Guard.
(3) In 2005, a North Korean agent, Ryu Young-Hwa, was
convicted in a South Korean court and sentenced to 10 years in
prison for his involvement in the kidnapping of the Reverend
Kim Dong-shik, a lawful permanent resident of the United
States, in 2000. In 2005, then-Senator Barack Obama was among
20 members of the Illinois congressional delegation stating
that they would not support the removal of North Korea from the
list of state sponsors of terrorism until it provided a full
accounting of Rev. Kim's fate.
(4) Of the three states currently on the list of State
Sponsors of Terrorism, both Iran and Syria are designated as
State Sponsors of Terrorism for their support of Hamas and
Hezbollah. The Department of State's 2005, 2007, 2010, 2012,
and 2013 ``Country Reports'' all cited Iran and Syria for
supplying weapons to Hezbollah through Syrian territory, and
most of them also cited Iran's training of Hezbollah.
(5) In October 2008, a South Korean court convicted Won
Jeong-hwa, a North Korean agent, for attempting to assassinate
a South Korean military officer in Hong Kong, and sentenced her
to 5 years in prison.
(6) In December 2009, a North Korean arms shipment aboard
an Ilyushin Il-76 cargo plane was discovered and seized by
authorities of the Government of Thailand. The cargo, which was
marked as consisting of oil-drilling equipment, contained 35
tons of rockets, surface-to-air missiles (MANPADS), explosives,
rocket-propelled grenades, and other weaponry. A similar
shipment was impounded in the United Arab Emirates a few months
earlier in July 2009. A third shipment was intercepted by the
Israeli government in the Eastern Mediterranean in November
2009. According to published media reports, United States and
Israeli intelligence agencies concluded that the shipments were
destined for Iranian-backed terrorists, including Hezbollah,
Hamas, and the Quds Force. Another large quantity of shipments
to both Hamas and Hezbollah, is believed to have been
transferred unnoticed.
(7) In June of 2010, Major Kim Myong-ho and Major Dong
Myong-gwan of North Korea's Reconnaissance General Bureau pled
guilty in a South Korean court to attempting to assassinate
Hwang Jang-yop, a North Korean dissident in exile, on the
orders of Lieutenant General Kim Yong-chol, the head of North
Korea's Reconnaissance General Bureau. The court sentenced each
defendant to 10 years in prison.
(8) On July 16, 2010, in the case of Calderon-Cardona v.
Democratic People's Republic of Korea (case number 08-01367),
the United States District Court for the District of Puerto
Rico found that the Government of North Korea provided material
support to the Japanese Red Army, designated as a Foreign
Terrorist Organization between 1997 and 2001, in furtherance of
a 1972 terrorist attack at Lod Airport, Israel that killed 26
people, including 17 Americans.
(9) On November 23, 2010, North Korea shelled South Korea's
Yeonpyeong Island with at least 50 artillery shells, killing 4,
including two civilians, and injuring 22 others.
(10) In November 2012, a South Korean court sentenced An
Hak-young, a North Korean agent, to 4 years in prison for
attempting to assassinate Park Sang-hak, a North Korean
dissident in exile.
(11) In December 2012, according to South Korean press
reports, South Korean prosecutors determined that North Korean
agents assassinated Kim Chang-hwan, a human rights activist
helping North Korean refugees, in Dandong, China in August
2011, using a poisoned needle.
(12) According to a report in the Los Angeles Times, a
North Korean agent was suspected in an attempt to assassinate
another human rights activist with a poisoned needle in Yanji,
China, the following day.
(13) North Korea has committed violent acts directly
against its own citizens abroad. In 2013, news reports
highlighted an attempt to kidnap a North Korean student in
Paris.
(14) On April 18, 2013, Michael Flynn, the Director of the
Defense Intelligence Agency testified that Syria's liquid-
propellant missile program depends on essential foreign
equipment and assistance, primarily from North Korean entities.
Further statements by United States Government officials report
that North Korea helped Syria build the Al Kibar nuclear
reactor, which Israel destroyed in 2007, and could have been
used to produce plutonium for nuclear weapons.
(15) In the case of Chaim Kaplan v. Hezbollah (case number
09-646), a United States district court found in 2014 that
North Korea materially supported terrorist attacks by
Hezbollah, a designated Foreign Terrorist Organization, against
Israel in 2006.
(16) In July 2014, press reports indicated that militants
from Hamas, a designated Foreign Terrorist Organization,
attempted to negotiate a new arms deal with North Korea for
missiles and communications equipment that would have allowed
the militants to maintain their armed terrorist attacks against
Israel. Security officials announced that the deal between
Hamas and North Korea was worth hundreds of thousands of
dollars and was handled by a Lebanese-based trading company.
(17) On November 24, 2014, a hacker group that identified
itself as the ``Guardians of Peace'' leaked confidential data
from the film studio Sony Pictures Entertainment. The data
included personal information about Sony Pictures employees, e-
mails between employees, information about executive salaries
at the company, copies of then-unreleased Sony films, and other
information.
(18) On December 16, 2015, the ``Guardians of Peace'' sent
a message to Sony Pictures, to ``clearly show it to you at the
very time and places `The Interview' be shown . . . how bitter
fate those who seek fun in terror should be doomed to''. The
message further stated, ``The world will be full of fear'',
``[. . .] Remember the 11th of September 2001'', and ``We
recommend you to keep yourself distant from the places at that
time.''. The threat caused theaters across the United States to
cancel showings of ``The Interview'' and caused Sony Pictures
to cancel the release of the film in theaters.
(19) On December 19, 2015, the Federal Bureau of
Investigation concluded that North Korea was responsible for
the cyber attack on Sony Pictures Entertainment and the threat
against the movie theaters, and that the ``Guardians of Peace''
was a unit of North Korea's Reconnaissance General Bureau, its
foreign intelligence service.
(20) In March 2015, the South Korean government publicly
accused North Korea of responsibility for a December 2014 cyber
attack against multiple nuclear power plants in South Korea,
stated that the attacks were intended to cause a malfunction at
the plants' reactors, and described the attacks as acts of
``cyber-terror targeting our country''.
(21) On April 13, 2015, the U.S. District Court for the
District of Columbia, in the matter of Kim v. Democratic
People's Republic of Korea (case number 13-7147), awarded Rev.
Kim's family $330,000,000 in compensatory and punitive damages
against the Government of North Korea for the kidnapping,
torture, and murder of Rev. Kim.
(22) On May 17, 2015, prosecutors in Seoul announced the
arrest and indictment of three South Koreans for conspiring to
murder Hwang Jang-yop and other North Korean dissidents in
exile, at the behest of the Government of North Korea.
(23) On October 22, 2015, Ambassador Sung Kim, Special
Representative for North Korea Policy with the U.S. Department
of State, testified before the House Foreign Affairs
Subcommittee on Terrorism, Nonproliferation, and Trade that
North Korea's ``conduct poses a growing threat to the United
States, our friends in the region, and the global
nonproliferation regime'' and Ms. Hilary Batjer Johnson, Deputy
Coordinator for Homeland Security, Screening, and Designations
with the U.S. Department of State noted that ``weapons
transfers that violate nonproliferation or missile control
regimes could be a relevant factor for consideration, depending
on the circumstances, consistent with the statutory criteria
for designation as a state sponsor of terrorism''.
(24) North Korea was designated a State Sponsor of
Terrorism on January 20, 1988, for repeatedly providing support
of acts of international terrorism.
(25) However, on October 11, 2008, North Korea's
designation as a State Sponsor of Terrorism was rescinded,
following commitments by the Government of North Korea to
completely, verifiably, and irreversibly dismantle its nuclear
weapons program.
(26) Consequences of a State Sponsors of Terrorism
designation include a ban on arms-related exports and sales;
restrictions on exports of dual-use items; restrictions on
foreign assistance; financial sanctions against transactions
with the designated government; imposition of miscellaneous
trade and other restrictions; and potential liability in United
States courts for acts that fall within the terrorism exception
of the Foreign Sovereign Immunities Act. The Criminal Code also
prohibits financial transactions by United States persons with
the governments of State Sponsors of Terrorism listed states.
Issuers of securities must disclose in their public filings any
investments in states whose governments sponsor terrorism.
Finally, a designation requires United States representatives
to oppose any benefits or extensions of credit to the listed
states by international financial institutions.
(b) Sense of Congress.--It is the sense of the Congress that North
Korea meets the criteria for designation as a state sponsor of
terrorism and should be so designated.
(c) Report; Determination or Justification.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that finds, with
respect to each of the acts described in paragraphs (1) to (23)
of subsection (a), whether--
(A) the Government of North Korea, including any
agents or instrumentalities of the Government of North
Korea, directly or indirectly, committed, conspired to
commit, attempted, aided, or abetted such act; and
(B) such act constitutes support for international
terrorism.
(2) Determination or justification.--If the Secretary finds
that the Government of North Korea, including any agents or
instrumentalities of the Government of North Korea, directly or
indirectly, committed, conspired to commit, attempted, aided,
or abetted any of the acts described in paragraphs (1) to (22)
of subsection (a), and that any such act constitutes support
for international terrorism, the Secretary of State shall also
submit to the appropriate congressional committees--
(A) a determination that North Korea is a state
sponsor of terrorism; or
(B) a detailed justification as to why the conduct
described in the report required under paragraph (1)
does not meet the legal criteria for such a
determination.
(3) Inclusion.--The report required by paragraph (1) shall
also be included in the first annual report required to be
submitted under section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f)
on or after the date of the enactment of this Act.
(d) Form.--The report required by subsection (c)(1) shall be
submitted in unclassified form, but may include a classified annex, if
appropriate.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) North korea.--The term ``North Korea'' means the
Democratic People's Republic of Korea.
(3) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined, for purposes of section 6(j)
of the Export Administration Act of 1979 (50 U.S.C. 4605(j))
(as in effect pursuant to the International Emergency Economic
Powers Act), section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371), section 40 of the Arms Export Control Act (22
U.S.C. 2780), or any other provision of law, is a government
that has repeatedly provided support for acts of international
terrorism. | North Korea State Sponsor of Terrorism Designation Act of 2016 This bill expresses the sense of Congress that North Korea meets the criteria for, and should be designated as, a state sponsor of terrorism. The President shall submit to Congress a report that finds, with respect to each of 22 acts specified by this bill, whether: (1) North Korea or any of its agents or instrumentalities committed, conspired to commit, attempted, or abetted such act; and (2) such act constitutes support for international terrorism. If the President finds that North Korea or its agents or instrumentalities committed any of such acts, the Department of State shall submit to Congress: (1) a determination that North Korea is a state sponsor of terrorism, or (2) a detailed justification as to why the conduct does not meet the legal criteria for such a determination. | North Korea State Sponsor of Terrorism Designation Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smithsonian Institution
Sesquicentennial Commemorative Coin Act of 1995''.
SEC. 2. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins in commemoration of the sesquicentennial of the
founding of the Smithsonian Institution:
(1) $5 gold coins.--Not more than 100,000 5 dollar coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 650,000 1 dollar coins,
which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent copper.
(b) Platinum Coins.--The Secretary may mint and issue not more than
100,000 5 dollar platinum coins instead of the gold coins required
under subsection (a)(1) in accordance with such specifications as the
Secretary determines to be appropriate.
(c) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(d) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting coins under
this Act pursuant to the authority of the Secretary under other
provisions of law.
(b) Silver.--The Secretary shall obtain silver for minting coins
under this Act only from stockpiles established under the Strategic and
Critical Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this Act
shall be emblematic of the scientific, educational, and cultural
significance and importance of the Smithsonian Institution.
(2) Designation and inscriptions.--On each coin minted under
this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1996'';
(C) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum'';
and
(D) an inscription of the following phrase from the
original bequest of James Smithson: ``for the increase and
diffusion of knowledge''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the Board
of Regents of the Smithsonian Institution and the Commission of
Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on August 1,
1996.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of--
(1) $35 per coin for the $5 coin; and
(2) $10 per coin for the $1 coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the Smithsonian Institution for the following purposes:
(1) 85 percent of the amount transferred shall be available for
such purposes as the Board of Regents of the Smithsonian
Institution determines to be appropriate.
(2) 15 percent of the amount transferred shall be dedicated to
the support of the operation and activities of the National
Numismatic Collection at the National Museum of American History.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Smithsonian Institution as may be related to the
expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the Secretary
from a depository institution whose deposits are insured by the
Federal Deposit Insurance Corporation or the National Credit Union
Administration Board.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Smithsonian Institution Sesquicentennial Commemorative Coin Act of 1995 - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Authorizes the Secretary to issue five-dollar platinum coins in lieu of the gold coins.
Mandates that: (1) 85 percent of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution for such purposes as its Board of Regents determines to be appropriate; and (2) 15 percent of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History. | Smithsonian Institution Sesquicentennial Commemorative Coin Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Priorities in Education Spending
Act''.
SEC. 2. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
(a) Repeals.--The following provisions of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) are hereby
repealed:
(1) Subpart 3 of part B of title I (20 U.S.C. 6381 et seq.;
relating to the William F. Goodling Even Start Family Literacy
programs).
(2) Subpart 4 of part B of title I (20 U.S.C. 6383;
relating to improving literacy through school libraries).
(3) Section 1504 of part E of title I (20 U.S.C. 6494;
relating to the Close Up Fellowship program).
(4) Part F of title I (20 U.S.C. 6511 et seq.; relating to
comprehensive school reform).
(5) Section 2151(b) of subpart 5 of part A of title II (20
U.S.C. 6651(b); relating to school leadership).
(6) Section 2151(c) of subpart 5 of part A of title II (20
U.S.C. 6651(c); relating to advanced certification or advanced
credentialing).
(7) Subpart 2 of part C of title II (20 U.S.C. 6701 et
seq.; relating to the National Writing Project).
(8) Subpart 4 of part C of title II (20 U.S.C. 6721 et
seq.; relating to the teaching of traditional American
history).
(9) Part D of title II (20 U.S.C. 6751 et seq.; relating to
enhancing education through technology).
(10) Subpart 4 of part B of title III (20 U.S.C. 6961 et
seq.; relating to the Emergency Immigrant Education program).
(11) Section 4129 of subpart 2 of part A of title IV (20
U.S.C. 7139; relating to grants to reduce alcohol abuse).
(12) Section 4130 of subpart 2 of part A of title IV (20
U.S.C. 7140; relating to mentoring programs).
(13) Subpart 2 of part D of title V (20 U.S.C. 7245;
relating to elementary and secondary school counseling
programs).
(14) Subpart 4 of part D of title V (20 U.S.C. 7249;
relating to smaller learning communities).
(15) Subpart 5 of part D of title V (20 U.S.C. 7251;
relating to the Reading is Fundamental--Inexpensive Book
Distribution program).
(16) Subpart 7 of part D of title V (20 U.S.C. 7255 et
seq.; commonly referred to as the ``Star Schools Act'').
(17) Subpart 8 of part D of title V (20 U.S.C. 7257 et
seq.; relating to the Ready to Teach program).
(18) Subpart 9 of part D of title V (20 U.S.C. 7259 et
seq.; commonly referred to as the ``Foreign Language Assistance
Act of 2001'').
(19) Subpart 10 of part D of title V (20 U.S.C. 7261 et
seq.; commonly referred to as the ``Carol M. White Physical
Education Program'').
(20) Subpart 11 of part D of title V (20 U.S.C. 7263 et
seq.; relating to community technology centers).
(21) Subpart 12 of part D of title V (20 U.S.C. 7265 et
seq.; relating to educational, cultural, apprenticeship, and
exchange programs for Alaska Natives, Native Hawaiians, and
their historical whaling and trading partners in
Massachusetts).
(22) Subpart 14 of part D of title V (20 U.S.C. 7269 et
seq.; relating to grants to improve mental health of children).
(23) Subpart 15 of part D of title V (20 U.S.C. 7271;
relating to arts in education).
(24) Subpart 18 of part D of title V (20 U.S.C. 7277 et
seq.; relating to healthy, high-performance schools).
(25) Subpart 20 of part D of title V (20 U.S.C. 7281 et
seq.; relating to additional assistance for certain local
educational agencies impacted by Federal property acquisition).
(26) Subpart 21 of part D of title V (20 U.S.C. 7283 et
seq.; commonly referred to as the ``Women's Educational Equity
Act of 2001'').
(27) Part B of title VII (20 U.S.C. 7511 et seq.; commonly
referred to as the ``Native Hawaiian Education Act'').
(28) Part C of title VII (20 U.S.C. 7541 et seq.; commonly
referred to as the ``Alaska Native Educational Equity, Support,
and Assistance Act'').
SEC. 3. EARLY LEARNING OPPORTUNITIES ACT.
Title VIII of H.R. 5656 of the 106th Congress (20 U.S.C. 9401 et
seq.; 114 Stat. 2763, 2763A-77; commonly referred to as the ``Early
Learning Opportunities Act''), enacted by section 1 of Public Law 106-
554, is hereby repealed.
SEC. 4. HIGHER EDUCATION PROGRAMS.
(a) Higher Education Act of 1965.--The following provisions of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) are hereby
repealed:
(1) Section 317 (20 U.S.C. 1059d; relating to Alaska Native
and Native Hawaiian-serving Institutions).
(2) Subpart 6 of part A of title IV (1070d-31 et seq.;
relating to Byrd Honors Scholarships).
(3) Subpart 9 of part A of title IV (20 U.S.C. 1070g et
seq.; relating to TEACH Grants).
(4) Section 432(n) (20 U.S.C. 1082(n); relating to Default
Reduction Management program).
(5) Section 428L (20 U.S.C. 1078-12; relating to loan
repayment for civil legal assistance attorneys).
(6) Subpart 3 of part A of title VII (20 U.S.C. 1136 et
seq.; relating to the Thurgood Marshall Legal Educational
Opportunity Program).
(7) Subpart 1 of part D of title VII (20 U.S.C. 1140a et
seq.; relating to demonstration projects to support
postsecondary faculty, staff, and administrators in educating
students with disabilities).
(8) Part E of title VII (20 U.S.C. 1141; relating to the
College Access Challenge Grant program).
(9) Part C of title VIII (20 U.S.C. 1161c; relating to
business workforce partnerships for job skill training in high-
growth occupations or industries).
(10) Part G of title VIII (20 U.S.C. 1161h; relating to the
Patsy Mink Fellowship program).
(11) Part I of title VIII (20 U.S.C. 1161i et seq.;
relating to the Early Childhood Education Professional
Development and Career Task Force).
(12) Part J of title VIII (20 U.S.C. 1161j; relating to
improving science, technology, engineering, and mathematics
education with a focus on Alaska Native and Native Hawaiian
students).
(13) Part K of title VIII (20 U.S.C. 1161k; relating to
pilot programs to increase college persistence and success).
(14) Part M of title VIII (20 U.S.C. 1161m; relating to low
tuition).
(15) Part N of title VIII (20 U.S.C. 1161n et seq.;
relating to cooperative education).
(16) Part P of title VIII (20 U.S.C. 1161p; relating to
create bridges from jobs to careers).
(17) Part Q of title VIII (20 U.S.C.1161q; relating to
grant to rural-serving institutions of higher education).
(18) Part S of title VIII (20 U.S.C. 1161s; relating to
training for realtime writers).
(19) Part V of title VIII (20 U.S.C. 1161v; relating to
Modeling and Simulation programs).
(20) Part W of title VIII (20 U.S.C. 1161w; relating to the
path to success).
(21) Part X of title VIII (20 U.S.C. 1161x; relating to the
School of Veterinary Medicine Competitive Grant program).
(22) Part Z of title VIII (20 U.S.C. 1161z; relating to the
Henry Kuualoha Giugni Kupuna Memorial Archives).
(b) Higher Education Amendments of 1998.--The following provisions
of the Higher Education Amendments of 1998 (Public Law 105-244) are
hereby repealed:
(1) Part D of title VIII (20 U.S.C. 1151; relating to the
Incarcerated Youth Program).
(2) Part H of title VIII (20 U.S.C. 1153; relating to the
Underground Railroad Educational and Cultural Program).
(c) Other Higher Education Laws.--The following provisions of law
are hereby repealed:
(1) Section 121 of the Education of the Deaf Act of 1986
(20 U.S.C. 4341; relating to Cultural Experiences Grants).
(2) Section 802 of the Higher Education Opportunity Act (20
U.S.C. 9631; relating to the National Center for Research in
Advanced Information and Digital Technologies).
(3) Section 5(c) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3704(c); relating to the
Minority Serving Institution Digital and Wireless Technology
Opportunity Program).
(4) Part E of title XV of the Higher Education Amendments
of 1992 (20 U.S.C. 1070 note; Public Law 102-325; relating to
B.J. Stupak Olympic Scholarships).
SEC. 5. LITERACY PROGRAM FOR PRISONERS.
Notwithstanding the provisions under the heading ``Safe Schools and
Citizenship Education'' in title III of division F of Public Law 108-
447 (118 Stat. 3145), the Secretary may not obligate any funds to carry
out section 601 of the National Literacy Act of 1991 (Public Law 102-
73; 105 Stat. 356; relating to literacy for prisoners).
SEC. 6. LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS.
Part JJ of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (section 952 of Public Law 105-244; relating to loan
repayment for prosecutors and public defenders) is hereby repealed.
SEC. 7. CAREER AND TECHNICAL EDUCATION PROGRAMS.
Title II of the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2371 et seq.) is hereby repealed.
SEC. 8. SPECIAL OLYMPICS SPORT AND EMPOWERMENT ACT OF 2004 PROGRAM.
Section 3(a) of the Special Olympics Sport and Empowerment Act of
2004 (42 U.S.C. 15001 note; relating to education activities) is hereby
repealed.
SEC. 9. HEAD START ACT PROGRAM.
Section 657B of the Head Start Act (42 U.S.C. 9852b; relating to
Centers of Excellence in Early Childhood) is hereby repealed.
SEC. 10. WORKFORCE INVESTMENT ACT PROGRAM.
Section 171(e) of the Workforce Investment Act (20 U.S.C. 2916(e);
relating to the Energy Efficiency and Renewable Energy Worker Training
Program) is hereby repealed.
SEC. 11. THE NATIONAL ENVIRONMENTAL EDUCATION ACT.
The National Environmental Education Act (20 U.S.C. 5501 et seq.)
is hereby repealed.
SEC. 12. AMERICA COMPETES ACT.
The following provisions of the America COMPETES Act (20 U.S.C.
9801 et seq.) are hereby repealed:
(1) Part I of subtitle A of title VI (20 U.S.C. 9811 et
seq.; relating to teachers for a competitive tomorrow).
(2) Section 6131 (20 U.S.C. 9841; relating to promising
practices).
(3) Section 6202 (20 U.S.C. 9852; relating to summer term
education programs).
(4) Section 6501 (20 U.S.C. 9881; relating to Mathematics
and Science Partnership Bonus Grants). | Priorities in Education Spending Act - Repeals specified provisions of the: (1) Elementary and Secondary Education Act of 1965; (2) Early Learning Opportunities Act; (3) Higher Education Act of 1965; (4) Higher Education Amendments of 1998; (5) Education of the Deaf Act of 1986; (6) Higher Education Opportunity Act; (7) Stevenson-Wydler Technology Innovation Act of 1980; (8) Higher Education Amendments of 1992; (9) Omnibus Crime Control and Safe Streets Act of 1968; (10) Carl D. Perkins Career and Technical Education Act of 2006; (11) Special Olympics Sport and Empowerment Act of 2004; (12) Head Start Act; (13) Workforce Investment Act; (14) National Environmental Education Act; and (15) America COMPETES Act.
Prohibits the Secretary of Education from obligating any funds to implement a literacy program for prisoners under the National Literacy Act of 1991. | To repeal ineffective or unneccesary education programs in order to restore the focus of Federal programs on quality preschool, elementary, secondary, and postsecondary education programs for disadvantaged students and students with disabilities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Utility Holding Company Act
of 1996''.
TITLE I--REPEAL OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
SEC. 101. PURPOSE.
(a) The Public Utility Holding Company Act of 1935 was intended to
facilitate the work of State and Federal regulators by placing certain
constraints on the activities of holding company systems. Developments
since 1935, including changes in other regulation and in the industry
itself, have called into question the continued relevance of the model
of regulation established by the statute.
(b) There is, however, a continuing need for limited Federal
regulation in this area to ensure the rate protection of utility
consumers. The Public Utility Holding Company Act of 1996 is intended
to eliminate unnecessary regulation, yet still provide for consumer
protection by providing for State commission access to books and
records of all companies in a holding company system, and for Federal
audit authority and oversight of affiliate transactions, to the extent
that such activities affect rates, while, at the same time, affording
companies the flexibility required to compete in today's energy
markets.
SEC. 102. REPEAL OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935.
The Public Utility Holding Company Act of 1935, as amended, is
hereby repealed, effective one year from the date of enactment of this
Act.
TITLE II--ENACTMENT OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1996
SEC. 201. PURPOSE.
Limited Federal regulation is necessary to supplement the work of
State commissions for the continued rate protection of electric and gas
utility consumers. This Act is intended to address these concerns by
providing for Federal and State access to books and records of all
companies in a holding company system and for federal oversight of
affiliate transactions, to the extent that such activities affect
rates.
SEC. 202. DEFINITIONS.
(a) When used in this title:
(1) ``Person'' means an individual or company.
(2) ``Company'' means a corporation, joint stock company,
partnership, association, business trust, organized group of
persons, whether incorporated or not, or a receiver or
receivers, trustee or trustees of any of the foregoing.
(3) ``Electric utility company'' means any company that
owns or operates facilities used for the generation,
transmission, or distribution of electric energy for sale.
(4) ``Gas utility company'' means any company that owns or
operates facilities used for distribution at retail (other than
the distribution only in enclosed portable containers) of
natural or manufactured gas for heat, light or power.
(5) ``Public utility company'' means an electric utility
company or gas utility company but does not mean a qualifying
facility as defined in the Public Utility Regulatory Policies
Act of 1992, or an exempt wholesale generator or a foreign
utility company defined by the Energy Policy Act of 1992.
(6) ``Holding company'' means (A) any company that directly
or indirectly owns, controls, or holds with power to vote, 10
percent or more of the outstanding voting securities of a
public utility company or of a holding company of any public
utility company; and (B) any person, determined by the
Commission, after notice and opportunity for hearing, to
exercise directly or indirectly (either alone or pursuant to an
arrangement or understanding with one or more persons) such a
controlling influence over the management or policies of any public
utility or holding company as to make it necessary or appropriate for
the protection of consumers with respect to rates that such person be
subject to the obligations, duties, and liabilities imposed in this
title upon holding companies.
(7) ``Subsidiary company'' of a holding company means (A)
any company 10 percent or more of the outstanding voting
securities of which are directly or indirectly owned,
controlled, or held with power to vote, by such holding
company; and (B) any person the management or policies of which
the Commission, after notice and opportunity for hearing,
determines to be subject to a controlling influence, directly
or indirectly, by such holding company (either alone or
pursuant to an arrangement or understanding with one or more
other persons) so as to make it necessary for the protection of
consumers with respect to rates that such person be subject to
the obligations, duties, and liabilities imposed in this title
upon subsidiary companies of holding companies.
(8) ``Holding company system'' means a holding company
together with its subsidiary companies.
(9) ``Associate company'' of a company means any company in
the same holding company system with such company.
(10) ``Affiliate'' of a company means any company 5 percent
or more of whose outstanding voting securities are owned,
controlled, or held with power to vote, directly or indirectly,
by such company.
(11) ``Voting security'' means any security presently
entitling the owner or holder thereof to vote in the direction
or management of the affairs of a company.
(12) ``Commission'' means the Federal Energy Regulatory
Commission.
(13) ``State Commission'' means any commission, board,
agency, or officer, by whatever name designated, of a State,
municipality, or other political subdivision of a State that
under the law of such State has jurisdiction to regulate public
utility companies.
(b) No provision in this Act shall apply to, or be deemed to
include: (1) the United States, (2) a State or any political
subdivision of a State, (3) any foreign governmental authority not
operating in the United States, (4) any agency, authority, or
instrumentality of any of the foregoing, or (5) any officer, agent, or
employee of any of the foregoing acting as such in the course of his
official duty.
SEC. 203. EXEMPTIONS.
(a) The provisions of this Act shall not apply to any person
previously exempted, by rule or order, from regulation under the Public
Utility Holding Company Act of 1935 and such person shall continue to
be exempted from the provisions of this Act: Provided, That the
Commission may institute proceedings to terminate such exemption if the
termination of such exemption would be necessary for regulating the
rates of a public utility company and necessary for the protection of
consumers.
(b) The Commission, by rules and regulations, or by order upon
application, may conditionally or unconditionally exempt any person or
transaction, or any class or classes of persons or transactions, from
any provision or provisions of this title or of any rule or regulation
thereunder, if the Commission finds that regulation of such person or
transaction is not relevant to the rates of a public utility company;
in considering whether to grant such an exemption, the Commission shall
consult with the affected State commissions.
SEC. 204. FEDERAL ACCESS TO BOOKS AND RECORDS.
(a) Every holding company and subsidiary company thereof shall
maintain, and make available to the Commission, such books, records,
accounts, and other documents as the Commission deems relevant to costs
incurred by a public utility company that is an associate company
of such holding company and necessary or appropriate for the protection
of consumers with respect to rates.
(b) Every affiliate of a holding company or of any subsidiary
company thereof shall maintain, and make available to the Commission,
such books, records, accounts, and other documents with respect to any
transaction with another affiliate, as the Commission deems relevant to
costs incurred by a public utility company that is an associate company
of such holding company and necessary or appropriate for the protection
of consumers with respect to rates.
(c) The Commission may examine the books and records of any company
in a holding company system, or any affiliate thereof, as the
Commission deems relevant to costs incurred by a public utility company
within such holding company system and necessary or appropriate for the
protection of consumers with respect to rates.
(d) No member, officer, or employee of the Commission shall divulge
any fact or information that may come to his knowledge during the
course of examination of books, accounts, or other information as
hereinbefore provided, except insofar as he may be directed by the
Commission or by a court.
SEC. 205. STATE ACCESS TO BOOKS AND RECORDS.
(a) Upon the written request of a State commission having
jurisdiction to regulate a public utility company in a holding company
system, and subject to such terms and conditions as may be necessary
and appropriate to safeguard against unwarranted disclosure to the
public of any trade secrets or sensitive commercial information, a
holding company or its associate company or affiliate thereof, wherever
located, shall produce for inspection such books and records as have
been identified in reasonable detail in a proceeding before the State
commission, are relevant to costs incurred by such public utility
company and are necessary for the effective discharge of the State
commission's responsibilities with respect to such proceeding.
(b) Nothing in this section shall preempt applicable State law
concerning the provision of records and other information, or in any
way limit a State's rights to obtain books and records and other
information under Federal law, contract, or otherwise.
SEC. 206. AFFILIATE TRANSACTIONS.
Nothing in this Act shall preclude the Commission or a State
commission from exercising its jurisdiction under otherwise applicable
law to determine whether a public utility company may recover in rates
any costs of an activity performed by an associate company, or any
costs of goods or services acquired by such public utility company from
an associate company.
SEC. 207. EFFECT ON OTHER REGULATION.
Nothing in this Act shall preclude a State commission from
exercising its jurisdiction under otherwise applicable law to protect
utility consumers.
SEC. 208. ENFORCEMENT.
The Commission shall have the same powers as set forth in Sections
306 through 317 of the Federal Power Act (16 U.S.C. 825d-825p) to
enforce the provisions of this Act.
SEC. 209. SAVINGS PROVISION.
Nothing in this Act prohibits a person from engaging in activities
in which it is legally engaged or authorized to engage on the effective
date of the Public Utility Holding Company Act of 1996, provided that
it continues to comply with the terms of any authorization, whether by
rule or by order.
SEC. 210. IMPLEMENTATION.
The Commission shall promulgate regulations necessary or
appropriate to implement this Act not later than one year after the
date of the enactment of this title.
SEC. 211. RESOURCES.
All books and records that relate primarily to the function hereby
vested in the Commission shall be transferred from the Securities and
Exchange Commission to the Commission. It is the sense of the Congress
that, subject to the approval of the Director of the Office of
Management and Budget and the Chairman of the Securities and Exchange
Commission all personnel of the Office of Public Utility Regulation of
the Securities and Exchange Commission as of the date of enactment of
this title should be transferred to the Commission.
SEC. 212. EFFECTIVE DATE.
This Act shall take effect one year after the date of enactment.
SEC. 213. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, shall be held invalid, the remainder of
the Act, and the application of such provision to persons or
circumstances other than those as to which it is held invalid, shall
not be affected thereby.
TITLE III--CONFORMING CHANGES TO OTHER STATUTES
SEC. 301. FEDERAL POWER ACT.
Section 318 of the Federal Power Act (16 U.S.C. 285g) if hereby
repealed. | TABLE OF CONTENTS:
Title I: Repeal of the Public Utility Holding Company Act of
1935
Title II: Enactment of the Public Utility Holding Company
Act of 1996
Title III: Conforming Changes to Other Statutes
Public Utility Holding Company Act of 1996 -
Title I: Repeal of the Public Utility Holding Act of 1935
- Repeals the Public Utility Holding Company Act of 1935 (PUHCA).
Title II: Enactment of the Public Utility Holding Company Act of 1996
- Declares that this Act does not apply to persons previously exempted from regulations under the PUHCA. Authorizes the Federal Energy Regulatory Commission (FERC) to institute proceedings to terminate any such exemption if termination would be necessary for regulating the rates of a public utility company and for protecting consumers.
Empowers FERC to exempt any person or transaction from this title if it finds that regulation of such person or transaction is irrelevant to the rates of a public utility company.
Prescribes procedural guidelines for both FERC and State access to holding company records (including subsidiaries and affiliates).
Retains the jurisdiction of FERC and State commissions to determine whether a public utility company may recover in rates any costs of affiliate transactions. Grants FERC certain Federal Power Act enforcement powers.
Transfers from the Securities and Exchange Commission (SEC) to FERC all resources that relate primarily to the functions vested in FERC by this Act.
Expresses the sense of the Congress that all personnel of the Office of Public Utility Regulation of the SEC should be transferred to FERC.
Title III: Conforming Changes to Other Statutes
- Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines. | Public Utility Holding Company Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Soil Health and Income Protection
Program Act of 2017'' or the ``SHIPP Act of 2017''.
SEC. 2. SOIL HEALTH AND INCOME PROTECTION PROGRAM.
(a) In General.--Chapter 5 of subtitle D of title XII of the Food
Security Act of 1985 is amended by inserting after section 1240M (16
U.S.C. 3839bb) the following:
``SEC. 1240N. SOIL HEALTH AND INCOME PROTECTION PROGRAM.
``(a) Definition of Eligible Land.--In this section:
``(1) In general.--The term `eligible land' means land
that--
``(A) is selected by the owner or operator of the
land for proposed enrollment in the program under this
section; and
``(B) as determined by the Secretary--
``(i) had a cropping history or was
considered to be planted during the 3 crop
years preceding the crop year described in
subsection (b)(2); and
``(ii) is verified to be less-productive
land, as compared to other land on the
applicable farm.
``(2) Exclusion.--The term `eligible land' does not include
any land covered by a conservation reserve program contract
under subchapter B of chapter 1 that expires during the crop
year described in subsection (b)(2).
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a
voluntary soil health and income protection program under which
eligible land is enrolled through the use of agreements to
assist owners and operators of eligible land to conserve and
improve the soil, water, and wildlife resources of the eligible
land.
``(2) Deadline for participation.--Eligible land may be
enrolled in the program under this section only during the
first crop year beginning after the date of enactment of this
section.
``(c) Agreements.--
``(1) Requirements.--An agreement described in subsection
(b) shall--
``(A) be entered into by the Secretary, the owner
of the eligible land, and (if applicable) the operator
of the eligible land; and
``(B) provide that, during the term of the
agreement--
``(i) the lowest practicable cost perennial
conserving use cover crop for the eligible
land, as determined by the applicable State
conservationist after considering the advice of
the applicable State technical committee, shall
be planted on the eligible land;
``(ii) except as provided in paragraph (5),
the owner or operator of the eligible land
shall pay the cost of planting the conserving
use cover crop under clause (i);
``(iii) subject to paragraph (6), the
eligible land may be harvested for seed, hayed,
or grazed outside the nesting and brood-rearing
period established for the applicable county;
``(iv) the eligible land may be eligible
for a walk-in access program of the applicable
State, if any; and
``(v) a nonprofit wildlife organization may
provide to the owner or operator of the
eligible land a payment in exchange for an
agreement by the owner or operator not to
harvest the conserving use cover.
``(2) Payments.--Except as provided in paragraphs (5) and
(6)(B)(ii), the annual rental rate for a payment under an
agreement described in subsection (b) shall be equal to 50
percent of the average rental rate for the applicable county
under section 1234(d), as determined by the Secretary.
``(3) Limitation on enrolled land.--Not more than 15
percent of the eligible land on a farm may be enrolled in the
program under this section.
``(4) Term.--
``(A) In general.--Except as provided in
subparagraph (B), each agreement described in
subsection (b) shall be for a term of 3, 4, or 5 years,
as determined by the parties to the agreement.
``(B) Early termination.--
``(i) Secretary.--The Secretary may
terminate an agreement described in subsection
(b) before the end of the term described in
subparagraph (A) if the Secretary determines
that the early termination of the agreement is
necessary.
``(ii) Owners and operators.--An owner and
(if applicable) an operator of eligible land
enrolled in the program under this section may
terminate an agreement described in subsection
(b) before the end of the term described in
subparagraph (A) if the owner and (if
applicable) the operator pay--
``(I) to the Secretary an amount
equal to the amount of rental payments
received under the agreement; and
``(II) if applicable, to the
Federal Crop Insurance Corporation the
amount of the increase in premium
discounts provided under subparagraph
(B) of section 508(d)(3) of the Federal
Crop Insurance Act (7 U.S.C.
1508(d)(3)).
``(5) Beginning, small, socially disadvantaged, young, or
veteran farmers and ranchers.--With respect to a beginning,
small, socially disadvantaged, young, or veteran farmer or
rancher, as determined by the Secretary--
``(A) an agreement described in subsection (b)
shall provide that, during the term of the agreement,
the beginning, underserved, or young farmer or rancher
shall pay 50 percent of the cost of planting the
conserving use cover crop under paragraph (1)(B)(i);
and
``(B) the annual rental rate for a payment under an
agreement described in subsection (b) shall be equal to
75 percent of the average rental rate for the
applicable county under section 1234(d), as determined
by the Secretary.
``(6) Harvesting, haying, and grazing outside applicable
period.--The harvesting for seed, haying, or grazing of
eligible land under paragraph (1)(B)(iii) outside of the
nesting and brood-rearing period established for the applicable
county shall be subject to the conditions that--
``(A) with respect to eligible land that is so
hayed or grazed, adequate stubble height shall be
maintained to protect the soil on the eligible land, as
determined by the applicable State conservationist
after considering the advice of the applicable State
technical committee; and
``(B) with respect to eligible land that is so
harvested for seed--
``(i) the eligible land shall not be
eligible to be insured or reinsured under the
Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.); and
``(ii) the rental payment otherwise
applicable to the eligible land under this
subsection shall be reduced by 25 percent.
``(d) Funding.--There are authorized to be appropriated such sums
as are necessary to carry out this section.''.
(b) Adjustment of Base Acres.--Section 1112(b)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9012(b)(1)) is amended by adding at
the end the following:
``(D) A soil health and income protection program
agreement entered into under section 1240N of the Food
Security Act of 1985 with respect to the farm expires
or is terminated.''.
(c) Crop Insurance.--Section 508(d)(3) of the Federal Crop
Insurance Act (7 U.S.C. 1508(d)(3)) is amended--
(1) by striking ``The Corporation'' and inserting the
following:
``(A) In general.--The Corporation''; and
(2) by adding at the end the following:
``(B) Increase for participation in soil health and
income protection program.--
``(i) In general.--Subject to clause (ii),
the Corporation may increase the amount of a
premium discount provided under this paragraph
by not more than 2 percent (or not more than 3
percent with respect to a beginning, small,
socially disadvantaged, young, or veteran
farmer or rancher described in subsection
(c)(5) of section 1240N of the Food Security
Act of 1985) for any agricultural commodity
planted in an insurable unit that contains any
eligible land (as defined in subsection (a) of
that section) that is enrolled in the soil
health and income protection program under that
section.
``(ii) Applicability.--An increase in the
amount of a premium discount provided pursuant
to clause (i)--
``(I) shall apply only for a
premium discount equal to less than 80
percent; and
``(II) shall not apply to a
catastrophic risk protection plan
provided under subsection (b).
``(iii) Multiple insurable units.--With
respect to an agricultural producer that owns
or operates multiple insurable units on 1 farm,
at least 1 insurable unit of which contains
eligible land (as defined in subsection (a) of
section 1240N of the Food Security Act of 1985)
that is enrolled in the soil health and income
protection program under that section, an
increase in the amount of a premium discount
under this subparagraph shall apply to all
insurable units of the agricultural producer on
the farm.''. | Soil Health and Income Protection Program Act of 2017 or the SHIPP Act of 2017 This bill amends the Food Security Act of 1985 to establish a voluntary soil health and income protection program. Landowners and operators may enroll eligible land in the program by agreeing to adopt certain practices to conserve and improve the soil, water, and wildlife resources of the land for a period of three to five years in exchange for rental payments and additional crop insurance premium discounts. During the period of the agreement: the lowest practicable cost perennial conserving use cover crop must be planted on the enrolled land at the expense of the enrollee; the land may be harvested for seed, hayed, or grazed outside the nesting and brood-rearing period, but may not be insured and is subject to a 25% reduction in rental payments if the land is harvested for seed; the land may be eligible for a walk-in access program of the applicable state; and a nonprofit wildlife organization may provide to the owner or operator of the eligible land a payment in exchange for an agreement by the owner or operator not to harvest the conserving use cover. Beginning, small, socially disadvantaged, young, or veteran farmers and ranchers are only required to pay 50% of the cost of planting the conserving using cover crop and are eligible for increased payments and crop insurance premium discounts under the program. A maximum of 15% of the eligible land on a farm may be enrolled in the program. | Soil Health and Income Protection Program Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowners Rebate Act of 2000''.
SEC. 2. PAYMENT OF DISTRIBUTIVE SHARES FROM MUTUAL MORTGAGE INSURANCE
FUND RESERVES.
(a) In General.--Subsection (c) of section 205 of the National
Housing Act (12 U.S.C. 1711(c)) is amended to read as follows:
``(c) Distribution of Reserves.--Upon termination of an insurance
obligation of the Mutual Mortgage Insurance Fund by payment of the
mortgage insured thereunder, if the Secretary determines (in accordance
with subsection (e)) that there is a surplus for distribution under
this section to mortgagors, the Participating Reserve Account shall be
subject to distribution as follows:
``(1) Required distribution.--In the case of a mortgage
paid after November 5, 1990, and insured for 7 years or more
before such termination, the Secretary shall distribute to the
mortgagor a share of such Account in such manner and amount as
the Secretary shall determine to be equitable and in accordance
with sound actuarial and accounting practice, subject to
paragraphs (3) and (4).
``(2) Discretionary distribution.--In the case of a
mortgage not described in paragraph (1), the Secretary is
authorized to distribute to the mortgagor a share of such
Account in such manner and amount as the Secretary shall
determine to be equitable and in accordance with sound
actuarial and accounting practice, subject to paragraphs (3)
and (4).
``(3) Limitation on amount.--In no event shall the amount
any such distributable share exceed the aggregate scheduled
annual premiums of the mortgagor to the year of termination of
the insurance.
``(4) Application requirement.--The Secretary shall not
distribute any share to an eligible mortgagor under this
subsection beginning on the date which is 6 years after the
date that the Secretary first transmitted written notification
of eligibility to the last known address of the mortgagor,
unless the mortgagor has applied in accordance with procedures
prescribed by the Secretary for payment of the share within the
6-year period. The Secretary shall transfer from the
Participating Reserve Account to the General Surplus Account
any amounts that, pursuant to the preceding sentence, are no
longer eligible for distribution.''.
(b) Determination of Surplus.--
(1) In general.--Section 205(e) of the National Housing Act
(12 U.S.C. 1711(e)) is amended by adding at the end the
following new sentences: ``Notwithstanding any other provision
of this section, if, at the time of such a determination, the
capital ratio (as such term is defined in subsection (f)) for
the Fund is 3.0 percent or greater, the Secretary shall
determine that there is a surplus for distribution under this
section to mortgagors.''.
(2) GAO report.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General shall submit
a report to the Congress that evaluates the adequacy of the
capital ratio requirement under section 205(f)(2) of the
National Housing Act (12 U.S.C. 1711(f)(2)) for ensuring the
safety and soundness of the Mutual Mortgage Insurance Fund.
Such report shall also evaluate the adequacy of the capital
ratio level established under section 205(e)(1) of the National
Housing Act, as amended by paragraph (1) of this section and
shall include a recommendation of a capital ratio level that,
if made effective under such section upon the expiration of the
2-year period beginning on the date of the enactment of this
Act, would provide for distributions of shares under section
205(c) of such Act in a manner adequate to ensure the safety
and soundness of such Fund.
(c) Retroactive Payments.--
(1) Timing.--Not later than 3 months after the date of the
enactment of this Act, the Secretary of Housing and Urban
Development shall determine the amount of each distributable
share for each mortgage described in paragraph (2) to be paid
and shall make payment of such share.
(2) Mortgages covered.--A mortgage described in this
paragraph is a mortgage for which--
(A) the insurance obligation of the Mutual Mortgage
Insurance Fund was terminated by payment of the
mortgage before the date of the enactment of this Act;
(B) a distributable share is required to be paid to
the mortgagor under section 205(c)(1) of the National
Housing Act (12 U.S.C. 1711(c)(1)), as amended by
subsection (a) of this section; and
(C) no distributable share was paid pursuant to
section 205(c) of the National Housing Act upon
termination of the insurance obligation of such Fund. | Requires the General Accounting Office to report respecting the adequacy of Fund capital ratios. | Homeowners Rebate Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Information Technology
Savings, Accountability, and Transparency Act of 2013''.
SEC. 2. INCREASED AUTHORITY OF AGENCY CHIEF INFORMATION OFFICERS OVER
INFORMATION TECHNOLOGY.
(a) Presidential Appointment of CIOs of Certain Agencies.--
(1) In general.--Section 11315 of title 40, United States
Code, is amended--
(A) by redesignating subsection (a) as subsection
(e) and moving such subsection to the end of the
section; and
(B) by inserting before subsection (b) the
following:
``(a) Presidential Appointment or Designation of Certain Chief
Information Officers.--
``(1) In general.--There shall be within each agency listed
in section 901(b)(1) of title 31, other than the Department of
Defense, an agency Chief Information Officer.
``(2) Appointment or designation.--Each agency Chief
Information Officer shall--
``(A) be--
``(i) appointed by the President; or
``(ii) designated by the President, in
consultation with the head of the agency; and
``(B) be appointed or designated, as applicable,
from among individuals who possess demonstrated ability
in general management of, and knowledge of and
extensive practical experience in, information
technology management practices in large governmental
or business entities.
``(3) Responsibilities.--An agency Chief Information
Officer appointed or designated under this section shall report
directly to the head of the agency and carry out, on a full-
time basis--
``(A) the responsibilities under this section; and
``(B) the responsibilities under section 3506(a) of
title 44 for Chief Information Officers designated
under paragraph (2) of such section.''.
(2) Conforming amendment.--Section 3506(a)(2)(A) of title
44, United States Code, is amended by inserting after ``each
agency'' the following: ``, other than an agency with a
Presidentially appointed or designated Chief Information
Officer, as provided in section 11315(a)(1) of title 40,''.
(b) Authority Relating to Budget and Personnel.--Section 11315 of
title 40, United States Code, is further amended by inserting after
subsection (c) the following:
``(d) Additional Authorities for Certain CIOs.--
``(1) Budget-related authority.--
``(A) Definitions.--In this paragraph--
``(i) the term `commercial item' has the
meaning given that term in section 103 of title
41, United States Code; and
``(ii) the term `commercially available
off-the-shelf item' has the meaning given that
term in section 104 of title 41, United States
Code.
``(B) Planning.--The head of each agency listed in
section 901(b)(1) or 901(b)(2) of title 31, other than
the Department of Defense, shall ensure that the Chief
Information Officer of the agency has the authority to
participate in decisions regarding the budget planning
process related to--
``(i) information technology or programs
that include significant information technology
components; or
``(ii) the acquisition of an information
technology product or service that is a
commercial item.
``(C) Allocation.--Amounts appropriated for an
agency listed in section 901(b)(1) or 901(b)(2) of
title 31, other than the Department of Defense, for any
fiscal year that are available for information
technology shall be allocated within the agency,
consistent with the provisions of appropriations Acts
and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in
such manner as may be specified by, or approved by, the
Chief Information Officer of the agency in consultation
with the Chief Financial Officer of the agency and
budget officials.
``(D) COTS.--The head of each agency listed in
section 901(b)(1) or 901(b)(2) of title 31, other than
the Department of Defense, shall ensure that the Chief
Information Officer of the agency has authority over
any acquisition of an information technology product or
service that is a commercially available off-the-shelf
item.
``(2) Personnel-related authority.--The head of each agency
listed in section 901(b)(1) or 901(b)(2) of title 31, other
than the Department of Defense, shall ensure that the Chief
Information Officer of the agency has the authority necessary
to--
``(A) approve the hiring of personnel who will have
information technology responsibilities within the
agency; and
``(B) require that such personnel have the
obligation to report to the Chief Information Officer
in a manner considered sufficient by the Chief
Information Officer.''.
(c) Single Chief Information Officer in Each Agency.--
(1) Requirement.--Section 3506(a)(3) of title 44, United
States Code, is amended--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new
subparagraph:
``(B) Each agency shall have only one individual with the title and
designation of `Chief Information Officer'. Any bureau, office, or
subordinate organization within the agency may designate one individual
with the title `Deputy Chief Information Officer', `Associate Chief
Information Officer', or `Assistant Chief Information Officer'.''.
(2) Effective date.--Section 3506(a)(3)(B) of title 44,
United States Code, as added by paragraph (1), shall take
effect on October 1, 2014. Any individual serving in a position
affected by such section before such date may continue in that
position if the requirements of such section are fulfilled with
respect to that individual.
SEC. 3. LEAD COORDINATION ROLE OF CHIEF INFORMATION OFFICERS COUNCIL.
(a) Lead Coordination Role.--Subsection (d) of section 3603 of
title 44, United States Code, is amended to read as follows:
``(d) Lead Interagency Forum.--
``(1) Designation.--
``(A) In general.--The Council is designated the
lead interagency forum for improving agency
coordination of practices related to the design,
development, modernization, use, operation, sharing,
performance, and review of Federal Government
information resources investment.
``(B) Responsibilities.--As the lead interagency
forum, the Council shall--
``(i) develop cross-agency portfolio
management practices to allow and encourage the
development of cross-agency shared services and
shared platforms; and
``(ii) issue guidelines and practices for
expansion of the Federal enterprise
architecture process, if appropriate.
``(C) Guidelines and practices.--The guidelines and
practices issued under subparagraph (B)(ii)--
``(i) may address broader transparency,
common inputs, common outputs, and outcomes
achieved; and
``(ii) shall be used as a basis for
comparing performance across diverse missions
and operations in various agencies.
``(2) Reports.--
``(A) Definition.--In this paragraph, the term
`relevant congressional committees' means each of the
following:
``(i) The Committee on Homeland Security
and Governmental Affairs and the Committee on
Appropriations of the Senate.
``(ii) The Committee on Oversight and
Government Reform and the Committee on
Appropriations of the House of Representatives.
``(B) Required reports.--Not later than December 1
in each of the 6 years following the date of the
enactment of this paragraph, the Council shall submit
to the relevant congressional committees a report (to
be known as the `CIO Council Report') summarizing the
Council's activities in the preceding fiscal year and
containing such recommendations for further
congressional action to fulfill its mission as the
Council considers appropriate.''.
(b) References to Administrator of E-Government as Federal Chief
Information Officer.--
(1) References.--Section 3602(b) of title 44, United States
Code, is amended by adding at the end the following: ``The
Administrator may also be referred to as the Federal Chief
Information Officer.''.
(2) Definition.--Section 3601(1) of title 44, United States
Code, is amended by inserting ``or `Federal Chief Information
Officer''' before ``means''.
SEC. 4. REPORTS BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Definitions.--In this section:
(1) Chief information officers council.--The term ``Chief
Information Officers Council'' means the Chief Information
Officers Council established by section 3603(a) of title 44,
United States Code.
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means each of the following:
(A) The Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate.
(B) The Committee on Oversight and Government
Reform and the Committee on Appropriations of the House
of Representatives.
(b) Requirement To Examine Effectiveness.--The Comptroller General
of the United States shall examine the effectiveness of the Chief
Information Officers Council in meeting its responsibilities under
section 3603(d) of title 44, United States Code, as added by section 3,
with particular focus whether agencies are actively participating in
the Council and following the Council's advice and guidance.
(c) Reports.--Not later than 1 year, 3 years, and 5 years after the
date of enactment of this Act, the Comptroller General shall submit to
the relevant congressional committees a report containing the findings
and recommendations of the Comptroller General from the examination
required by subsection (b).
SEC. 5. ENHANCED TRANSPARENCY IN INFORMATION TECHNOLOGY INVESTMENTS.
(a) Public Availability of Information About IT Investments.--
Section 11302(c) of title 40, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Public availability.--
``(A) In general.--The Director shall make
available to the public the cost, schedule, and
performance data for at least 80 percent (by dollar
value) of all information technology investments in
each Federal agency listed in section 901(b) of title
31, without regard to whether the investments are for
information technology acquisitions or for operations
and maintenance of information technology. The Director
shall ensure that the information is current, accurate,
and reflects the risks associated with each covered
information technology investment.
``(B) Waiver or limitation authority.--If the
Director or the Chief Information Officer, as the case
may be, determines that a waiver or limitation is in
the national security interests of the United States,
the applicability of subparagraph (A) may be waived or
the extent of the information may be limited--
``(i) by the Director, with respect to
information technology investments
Governmentwide; and
``(ii) by the Chief Information Officer of
a Federal agency listed in section 901(b) of
title 31, with respect to information
technology investments in that Federal
agency.''.
(b) Additional Report Requirements.--Paragraph (3) of section
11302(c) title 40, United States Code, as redesignated by subsection
(a), is amended by adding at the end the following: ``The report shall
include an analysis of agency trends reflected in the performance risk
information required in paragraph (2).''. | Federal Information Technology Savings, Accountability, and Transparency Act of 2013 - Modifies provisions relating to the position of Chief Information Officer (CIO) in federal agencies to require the appointment of not more than one CIO in the Departments of Agriculture, Commerce, Education, Energy (DOE), Health and Human Services (HHS), Interior, Justice (DOJ), Labor, State, Transportation (DOT), Treasury, and Veterans Affairs (VA), the Environmental Protection Agency (EPA), and the National Aeronautics and Space Administration (NASA). Requires CIOs to: (1) be appointed or designated by the President, in consultation with relevant agency heads; (2) be chosen from among individuals who have demonstrated knowledge of information technology management practices and ability to manage such practices in large entities; and (3) be given enhanced authority in the budget planning process of an agency and the hiring of personnel who will have information technology responsibilities. Expands the responsibilities of the Chief Information Officers Council to require the Council to: (1) develop cross-agency portfolio management practices and issue guidelines and practices for expansion of the federal enterprise architecture process, and (2) report to specified congressional committees on its activities. Requires the Comptroller General (GAO) to examine and report on the effectiveness of the Council. Requires the Director of the Office of Management and Budget (OMB) to make available to the public the cost, schedule, and performance data for at least 80% of all information technology investments in each federal agency to which this Act applies, unless the Director or the agency CIO determines that a waiver or limitation of such disclosure requirement is in the interests of national security. | Federal Information Technology Savings, Accountability, and Transparency Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Against Corporations Organizing to
Rip-off the Nation Act'' or the ``ACORN Act''.
SEC. 2. FINDINGS.
(1) According to the Corporate Fraud Task Force Report to
the President, 2008, in fiscal year 2007, United States
Attorneys' offices opened 878 new criminal health care fraud
investigations involving 1,548 potential defendants. Federal
prosecutors had 1,612 health care fraud criminal investigations
pending, involving 2,603 potential defendants, and filed
criminal charges in 434 cases involving 786 defendants. A total
of 560 defendants were convicted for health care fraud-related
crimes during the year.
(2) On September 2, 2009, it was announced that Pfizer Inc.
and its subsidiary Pharmacia & Upjohn Company Inc., agreed to
pay $2.3 billion, the largest health care fraud settlement in
the history of the Department of Justice, to resolve criminal
liability from the illegal promotion of certain pharmaceutical
products.
(3) Pharmacia & Upjohn Company agreed to plead guilty to a
felony violation of the Federal Food, Drug and Cosmetic Act for
misbranding Bextra with the intent to defraud or mislead.
(4) Pharmacia & Upjohn Company marketed ``off-label'' uses
of Bextra for several uses and dosages that the Food and Drug
Administration declined to approve due to safety concerns.
(5) The Assistant Attorney General for the Civil Division
has stated, ``Illegal conduct and fraud by pharmaceutical
companies puts the public health at risk, corrupts medical
decisions by health care providers, and costs the Government
billions of dollars.''.
(6) The Director of the Defense Department's Criminal
Investigative Services stated, ``The off-label promotion of
pharmaceutical drugs by Pfizer significantly impacted the
integrity of TRICARE, the Department of Defense's health care
system. This illegal activity increases patients' costs,
threatens their safety and negatively affects the health care
services to the over nine million military members, retirees
and their families who rely on this system.''.
SEC. 3. PROHIBITIONS ON FEDERAL FUNDS AND OTHER ACTIVITIES WITH RESPECT
TO CERTAIN CORPORATIONS OR COMPANIES.
(a) Prohibitions.--Subject to subsection (e), with respect to any
covered corporation or company or applicable individual the following
prohibitions apply:
(1) No Federal contract, grant, cooperative agreement, or
any other form of agreement (including a memorandum of
understanding) may be awarded to or entered into with the
corporation or company for a 5-year period beginning 30 days
after the date of the criminal conviction involved or
termination of charter (as the case may be).
(2) No Federal funds in any other form may be provided to
the corporation or company for such 5-year period.
(3) No Federal employee or contractor may promote in any
way (including recommending to a person or referring to a
person for any purpose) the corporation or company for such 5-
year period.
(4) No covered corporation or company or applicable
individual may contribute funds to a candidate for Federal
office, Federal political action committee, or Federal or State
political party during such a 5-year period.
(5) No more than $1,000,000 in any calendar year may be
used by the corporation or company, or applicable individual,
for the purpose of lobbying Congress or Federal employees
during such 5-year period.
(b) Covered Corporation or Company.--In this section, the term
``covered corporation or company'' means any of the following:
(1) Any corporation or company guilty of felony criminal
violations under any Federal or State law--
(A) including a felony violation of the Federal
Food, Drug and Cosmetic Act, sections 3729 through 3733
of title 31, United States Code (formerly known as the
False Claims Act), or a violation for the filing of a
fraudulent form with any Federal or State regulatory
agency; but
(B) excluding a violation for which the corporation
or company has fully completed all terms of criminal
sentencing or a criminal settlement agreement as of the
date of the enactment of this Act.
(2) Any corporation or company that had its State corporate
charter terminated due to its failure to comply with Federal or
State lobbying disclosure requirements.
(3) Any corporation or company that, within the 5-year
period beginning 30 days after the date of conviction of an
applicable individual of a violation described in subsection
(c)(2)(B)--
(A) employs the applicable individual, in a
permanent or temporary capacity;
(B) has under contract or retains the applicable
individual; or
(C) has the applicable individual acting on the
behalf of the corporation or company or with the
express or apparent authority of the corporation or
company.
(c) Additional Definitions.--In this section:
(1) The term ``corporation or company'' includes Pfizer,
Pharmacia & Upjohn Company Inc. and any Pfizer-related
affiliate.
(2) The term ``applicable individual'' means, with respect
to a corporation or company, an individual who--
(A) is a director, officer, or executive of the
corporation or company; and
(B) has been found guilty of a felony violation
under Federal or State law in relation to the
individual's conduct in the individual's capacity as a
director, officer, or executive of a corporation or
company.
(d) Revision of Federal Acquisition Regulation.--The Federal
Acquisition Regulation shall be revised to carry out the provisions of
this Act relating to contracts.
(e) Presidential Waiver Authority.--The President may waive a
prohibition in subsection (a) with respect to a corporation, company,
or applicable individual if the President--
(1) determines such a waiver is in the national interest;
and
(2) provides notice to all appropriate Congressional
committees of the intent to grant such waiver 15 days before
the date such waiver is granted. | Against Corporations Organizing to Rip-off the Nation Act or the ACORN Act - Prohibits the federal government from awarding contracts, grants, or other agreements to, providing any other federal funds to, or engaging in activities that promote, any corporation or company that has been found guilty of a felony criminal violation under federal or state law, that had its state corporate charter terminated due to its failure to comply with federal or state lobbying disclosure requirements, or that employs or otherwise retains a director, officer, or executive of the corporation or company who has been found guilty of a felony in relation to the individual's conduct for that company, during the five-year period following such conviction or charter termination.
Prohibits such a corporation or director, officer, or executive, during such period, from: (1) contributing funds to a candidate for federal office, federal political action committee, or federal or state political party; or (2) using more than $1 million in any calendar year to lobby Congress or federal employees.
Includes Pfizer, Pharmacia & Upjohn Company Inc., and any Pfizer related affiliate as covered companies for purposes of this Act.
Requires the Federal Acquisition Regulation to be revised to carry out the provisions of this Act relating to contracts. Authorizes the President to waive a prohibition under this Act in the national interest. | To prohibit the Federal Government from awarding contracts, grants, or other agreements to, providing any other Federal funds to, or engaging in activities that promote certain corporations or companies guilty of certain felony convictions. |
AND REPORT.
(a) Funding Resolution and Report.--(1) The funding resolution
first reported by each committee of the Senate in 1994, and thereafter
for the first session of each Congress, shall include, and the first
funding resolution introduced by each committee of the House of
Representatives (and referred to the Committee on House Administration)
for such year and thereafter for the first session of each Congress
shall include, a section setting forth the committee's plan for
reexamination of programs under this title. Such plan shall include
each of the following matters:
(A) The programs to be reexamined and the reasons for their
selection.
(B) The scheduled completion date for each program
reexamination, which date shall not be later than the end of
the Congress preceding the Congress in which the
reauthorization date applicable to a program occurs as provided
in section 101(b), unless the committee explains in a statement
in the report accompanying its proposed funding resolution (in
the Senate), or in a statement supplied by the respective
committee and included in the report of the Committee on House
Administration (in the House of Representatives), the reasons
for a later completion date, except that reports on programs
scheduled for reauthorization during the 103d Congress and
selected for reexamination in a committee's plan adopted in
1993 may be submitted at any time on or before February 15,
1994.
(C) The estimated cost for each reexamination.
(2) The report accompanying the funding resolution reported by each
committee of the Senate in 1993 and thereafter for the first session of
each Congress, shall include, and the report accompanying the funding
resolution reported by the Committee on House Administration with
respect to each committee of the House of Representatives shall
include, a statement of that committee, with respect to each
reexamination in its plan, of each of the following matters:
(A) A description of the components of the reexamination.
(B) A statement of whether the reexamination is to be
conducted (i) by the committee, or (ii) at the request and
under the direction of or under contract with the committee, as
the case may be, by one or more instrumentalities of the
legislative branch, one or more instrumentalities of the
executive branch, or one or more nongovernmental organizations,
or (iii) by a combination of the foregoing.
(3) It shall not be in order to consider a funding resolution with
respect to a committee of the Senate or the House of Representatives in
1993, and thereafter for the first session of a Congress, unless--
(A) such resolution includes a section containing the
information described in paragraph (1) and the report
accompanying such resolution contains the information described
in paragraph (2); and
(B) the report required by subsection (c) with respect to
each program reexamination scheduled for completion during the
preceding Congress by such committee has been submitted for
printing.
(4) It shall not be in order to consider an amendment to the
section of a funding resolution described in paragraph (1) reported by
a committee of the Senate for a year, or reported by the Committee on
House Administration with respect to a committee of the House of
Representatives for a year--
(A) if such amendment would require reexamination of a
program which has been reexamined by such committee under this
section during any of the five preceding years;
(B) if such amendment would cause such section not to
contain the information described in paragraph (1) with respect
to each program to be reexamined by such committee; or
(C) if notice of intention to propose such amendment has
not been given to such committee and, in the case of an
amendment in the Senate, to the Committee on Rules and
Administration of the Senate, or, in the case of an amendment
in the House of Representatives, to the Committee on House
Administration, not later than January 20 of the calendar year
in which such year begins or the first day of the session of
the Congress in which such year begins, whichever is later.
The notice required by subparagraph (C) shall include the substance of
the amendment intended to be proposed, and, if such amendment would add
one or more programs to be reexamined, shall include the information
described in paragraphs (1) and (2) with respect to each such program.
Subparagraph (C) shall not apply to amendments proposed by such
committee or by the Committee on Rules and Administration or House
Administration, as the case may be.
(b) Consultation With Other Committees.--In order to achieve
coordination of program reexamination each committee shall, in
preparing each reexamination plan required by subsection (a), consult
with appropriate committees of the Senate or appropriate committees of
the House of Representatives, as the case may be, and shall inform
itself of related activities of and support or assistance that may be
provided by (1) the General Accounting Office, the Congressional Budget
Office, the Congressional Research Service, and the Office of
Technology Assessment, and (2) appropriate instrumentalities in the
executive and judicial branches.
(c) Committee Reports.--Each committee shall prepare and have
printed a report with respect to each reexamination completed under
this title. Each such report shall be delivered to the Secretary of the
Senate or the Clerk of the House of Representatives, as the case may
be, not later than the date specified in the resolution and printed as
a Senate or House document, accordingly. To the extent permitted by law
or regulation, such number of additional copies as the committee may
order shall be printed for the use of the committee. If two or more
committees have legislative jurisdiction over the same program or
portions of the same program, such committees may reexamine such
program jointly and submit a joint report with respect to such
reexamination.
(d) Contents of Committee Report.--The report pursuant to
subsection (c) shall set forth the findings, recommendations, and
justifications with respect to the program, and shall include to the
extent the committee deems appropriate, each of the following matters:
(1) An identification of the objectives intended for the
program and the problem it was intended to address.
(2) An identification of any trends, developments, and
emerging conditions which are likely to affect the future
nature and extent of the problems or needs which the program is
intended to address and an assessment of the potential primary
and secondary effects of the proposed program.
(3) An identification of any other program having
potentially conflicting or duplicative objectives.
(4) A statement of the number and types of beneficiaries or
persons served by the program.
(5) An assessment of the effectiveness of the program and
the degrees to which the original objectives of the program or
group of programs have been achieved.
(6) An assessment of the cost effectiveness of the program,
including where appropriate, a cost-benefit analysis of the
operation of the program.
(7) An assessment of the relative merits of alternative
methods which could be considered to achieve the purposes of
the program.
(8) Information on the regulatory, privacy, and paperwork
impacts of the program.
(e) Title I Satisfied.--A report submitted pursuant to this section
shall be deemed to satisfy the reauthorization review requirements of
title I.
SEC. 303. EXECUTIVE REVIEW.
Each department or agency of the executive branch which is
responsible for the administration of a program selected for
reexamination pursuant to this title shall, not later than 6 months
before the completion date specified for reexamination reports pursuant
to section 302(a)(1)(B), submit to the Office of Management and Budget
and to the appropriate committee or committees of the Senate and the
House of Representatives a report of its findings, recommendations, and
justifications with respect to each of the matters set forth in section
302(d), and the Office of Management and Budget shall submit to such
committee or committees such comments as it deems appropriate.
SEC. 304. DEFINITIONS.
For the purposes of this title--
(1) the term ``funding resolution'' means, with respect to
each committee of the House of Representatives, the primary
funding resolution for such committee which is effective for
the duration of a Congress; and
(2) an amendment to a funding resolution includes a
resolution of the Senate which amends such funding resolution.
TITLE IV--MISCELLANEOUS
SEC. 401. AGENCY APPROPRIATIONS REQUESTS.
Section 1108(e) of title 31, United States Code, is amended by
inserting before the period a comma and ``or at the request of a
committee of either House of Congress presented after the day on which
the President transmits the budget to the Congress under section 1105
of this title for the fiscal year''.
SEC. 402. NONDISCLOSURE.
Nothing in this Act shall require the public disclosure of matters
that are specifically authorized under criteria established by an
Executive order to be kept secret in the interest of national defense
or foreign policy and are in fact properly classified pursuant to such
Executive order, or which are otherwise specifically protected by law.
SEC. 403. RULEMAKING.
The provisions of this section and sections 101(a), 101(b),
101(c)(1), 101(c)(2), 101(c)(5), 102, 104(b), 104(c), 104(d), 104(e),
104(f), title III (except section 303), section 405, and section 406 of
this Act are enacted by the Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives respectively, and as such they
shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply, and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of such House.
SEC. 404. EXECUTIVE ASSISTANCE AND REGULATORY DUPLICATION AND CONFLICTS
REPORT.
(a) Executive Assistance.--(1) To assist in the review or
reexamination of a program, the head of an agency which administers
such program and the head of any other agency, when requested, shall
provide to each committee of the Senate and the House of
Representatives which has legislative jurisdiction over such program
such studies, information, analyses, reports, and assistance as the
committee may request.
(2) Not later than 6 months before the first reauthorization date
specified for a program in section 101(b) the head of the agency which
administers such program or the head of any other agency, when
requested by a committee of the Senate or the House of Representatives,
shall conduct a review of those regulations currently promulgated and
in use by that agency which the committee specifically has requested be
reviewed and submit a report to the Senate or the House of
Representatives as the case may be, setting forth the regulations that
agency intends to retain, eliminate, or modify if the program is
reauthorized and stating the basis for its decision.
(3) On or before October 1 of the year preceding the beginning of
the Congress in which occurs the reauthorization date for a program,
the Comptroller General shall furnish to each committee of the Senate
and the House of Representatives which has legislative jurisdiction
over such program a listing of the prior audits and reviews of such
program completed during the preceding 6 years.
(4) Consistent with the discharge of the duties and functions
imposed by law on them or their respective Offices or Service, the
Comptroller General, the Director of the Congressional Budget Office,
the Director of the Office of Technology Assessment, and the Director
of the Congressional Research Service shall furnish to each committee
of the Senate and the House of Representatives such information,
analyses, and reports as the committee may request to assist it in
conducting reviews or evaluations of programs.
(b) Regulatory Duplication and Conflict Report.--(1) On or before
October 1 of the year preceding the beginning of the Congress in which
occurs the reauthorization date for a program, the President, with the
cooperation of the head of each appropriate agency, shall submit to the
Congress a ``Regulatory Duplication and Conflict Report'' for all such
programs scheduled for reauthorization in the next Congress.
(2) Each such regulatory duplication and conflicts report shall--
(A) identify regulatory policies, including data collection
requirements, of such programs or the agencies which administer
them, which duplicate or conflict with each other or with rules
or regulations or regulatory policies of other programs or
agencies, and identify the provisions of law which authorize or
require such duplicative or conflicting regulatory policies or
the promulgation of such duplicative or conflicting rules or
regulations;
(B) identify the regulatory policies, including data
collection requirements, of such programs which are, or which
tend to be, duplicative of or in conflict with rules or
regulations or regulatory policies of State or local
governments; and
(C) contain recommendations which address the conflicts or
duplications identified in subparagraphs (A) and (B).
(3) The regulatory duplication and conflicts report submitted by
the President pursuant to this subsection shall be referred to the
committee or committees of the House of Representatives and the Senate
with legislative jurisdiction over the programs affected by the
reports.
SEC. 405. SUNSET REAUTHORIZATION BILL.
(a) Committee Introduction.--Not later than 15 days after the
beginning of the second regular session of the Congress in which occurs
the reauthorization date applicable to a program under section 101(b),
the chairmen of the committees of the Senate and the House of
Representatives having legislative jurisdiction over such programs
shall introduce, in their respective Houses, a bill which, if enacted
into law, would constitute a required authorization (as defined in
section 101(c)(1)(B)), and such a bill (hereafter in this section
referred to as a ``sunset reauthorization bill'') shall be referred to
the appropriate committee of the Senate or the House of
Representatives, as the case may be. This subsection shall not apply in
the case of a program which has been reauthorized by a required
authorization which was signed into law by the President prior to 15
days after the beginning of the second regular session of the Congress
in which occurs the reauthorization date applicable to such program.
(b) Discharge for Failure To Consider.--If the committee to which a
sunset reauthorization bill for a program has not reported such bill by
May 15 of the year in which the reauthorization date for such program
occurs, and no other bill which would constitute a required
authorization for such program has been enacted into law by that date,
it is in order to move to discharge the committee from further
consideration of the sunset reauthorization bill at any time
thereafter.
(c) Discharge Procedures.--The provisions of section 912(a) of
title 5, United States Code, as it relates to the discharge of
resolutions of disapproval on reorganization plans, shall apply to
motions to discharge sunset reauthorization bills, and the provisions
of subsections (b)(2), (c) (2) through (5), and (d) of section 1017 of
the Impoundment Control Act of 1974, insofar as they relate to the
consideration of rescission bills shall apply to the consideration of
such sunset reauthorization bills, amendments thereto, motions and
appeals with respect thereto, and conference reports thereon.
SEC. 406. COMMITTEE JURISDICTION OVER ACT.
The Committees on Governmental Affairs and on Rules and
Administration of the Senate and the Committees on Government
Operations and on Rules of the House of Representatives shall review
the operation of the procedures established by this Act, and shall
submit a report not later than December 31, 1998, and each 5 years
thereafter, setting forth their findings and recommendations. Such
reviews and reports may be conducted jointly.
SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal years ending
before October 1, 2003, such sums as may be necessary to carry out the
review requirement of titles I and III and the requirements for the
compilation of the inventory of Federal programs as set forth in title
II.
S 186 RIS----2
S 186 RIS----3 | TABLE OF CONTENTS:
Title I: Reauthorization of Government Programs
Title II: Program Inventory
Title III: Program Reexamination
Title IV: Miscellaneous
Spending Control and Programs Evaluation Act of 1993 -
Title I: Reauthorizations of Government Programs
- Requires each Government program to be reauthorized at least once during each sunset reauthorization cycle. (Sunset reauthorization cycle means the period of five Congresses beginning with the 103d Congress and with each sixth Congress following the 103d Congress.)
Sets forth the procedure in the House of Representatives and the Senate for the consideration of any legislation which authorizes new budget authority.
Subjects to congressional review only those programs which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution and specified social security and retirement pay and benefits.
Title II: Program Inventory
- Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs to advise and assist the Congress in carrying out titles I and III of this Act.
Directs the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and to suggest revisions. Requires that the program inventory be revised at the end of each session of the Congress and that such revisions be reported to each House.
Requires the Director of the Congressional Budget Office and the Comptroller General to include in certain reports to the Congress an assessment of the adequacy of functional and subfunctional categories for grouping programs of like missions or objectives.
Title III: Program Reexamination
- Establishes a procedure for each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction.
Title IV: Miscellaneous
- Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a regulatory duplication and conflicts report for all programs scheduled for reauthorization in the next Congress.
Requires appropriate congressional committees to introduce a sunset reauthorization bill not later than 15 days after the beginning of the second regular session of the Congress. Sets forth discharge procedures to apply to motions to discharge such bills.
Requires specified congressional committees to report on a review of the procedures established under this Act by December 31, 1998, and every five years thereafter.
Authorizes appropriations for fiscal years ending before October 1, 2003. | Spending Control and Programs Evaluation Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Fund for Israeli-
Palestinian Peace Authorization Act of 2014''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Peaceful co-existence in the Middle East between
Israelis and Palestinians, and between Muslims, Christians,
Jews, and those of all backgrounds is in the interests of the
United States, Israel, the Palestinian people, and the world.
(2) While the United States and its international allies
continue to support diplomatic and political negotiations
between the representatives of the parties to the conflict as
well as others, in the long run such efforts require broad
popular support among peoples in order to succeed. In order to
achieve lasting peace in the region, the people who live there
must, over time, sustain any potential high-level agreements.
(3) Through many independent individual and nongovernmental
activities, tens of thousands of peoples of different
backgrounds are already working together to build better
relations between peoples, through people-to-people coexistence
and trust-building measures, activities, and other cooperative
efforts.
(4) By working cooperatively on shared goals and addressing
mutual understanding, participants in such activities,
including youth, can come to reject violence and understand the
promise of peaceful coexistence.
(5) Through support for people-to-people exchanges in the
region and joint economic initiatives, millions of ordinary
citizens affected by this conflict can assist in building
support for lasting peace.
(6) Working together, the United States, countries around
the world, and the private sector can help sustain support for
peace with the establishment and funding of an independent
International Fund for Israeli-Palestinian Peace (referred to
in this Act as the ``International Fund''), to promote and
support contact, cooperation, dialogue, shared community
building, peaceful coexistence, joint economic development, and
reconciliation between Israelis and Palestinians.
(7) United States and international support for grassroots
people-to-people efforts can help serve as an antidote to false
propaganda by terrorist groups.
(8) The International Fund shall serve as a coordinating
body offering expertise and support, adhering to best practices
for governance, transparency, and accountability. The
International Fund will be an ongoing presence and catalyst for
rejecting violence and building broad public support for
sustaining peace in the region. The International Fund is not
intended to be a political forum, but a grant-making body to
facilitate enduring people-to-people relationships.
(b) Purposes.--The purposes of this Act are as follows:
(1) To urge the President to make every effort, in
conjunction with the Government of Israel, the Palestinian
Authority, regional governments, and the international
community to establish a non-political, mutually acceptable
International Fund to promote and support contact, cooperation,
dialogue, shared community building, peaceful coexistence,
joint economic development, and reconciliation between Israelis
and Palestinians.
(2) To provide for United States contributions to consist
of amounts made available to carry out chapter 4 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.
(relating to the Economic Support Fund)) for payment to the
International Fund to carry out the activities described in
paragraph (1).
SEC. 3. ESTABLISHMENT OF INTERNATIONAL FUND FOR ISRAELI-PALESTINIAN
PEACE.
Congress urges the President to make every effort, in conjunction
with the Government of Israel, the Palestinian Authority, and the
international community, to establish an International Fund for
Israeli-Palestinian Peace to carry out the purposes described in
section 2(b).
SEC. 4. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND FOR
ISRAELI-PALESTINIAN PEACE.
(a) In General.--Of the amounts made available for each of fiscal
years 2015 through 2019 to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq. (relating to the
Economic Support Fund)), $50,000,000 is authorized to be appropriated
for United States contributions to the International Fund.
(b) Additional Authorities.--Amounts authorized to be appropriated
pursuant to subsection (a)--
(1) are in addition to amounts otherwise authorized to be
appropriated for such purposes; and
(2) are authorized to remain available until expended.
SEC. 5. CONDITIONS AND UNDERSTANDINGS RELATING TO INTERNATIONAL FUND
FOR ISRAELI-PALESTINIAN PEACE.
(a) Support and Promotion of Purposes.--United States contributions
to the International Fund provided for in section 4 may be used only to
support and promote the purposes described in section 2(b).
(b) Additional Restrictions.--The restrictions described in section
531(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(e)) shall
apply to United States contributions to the International Fund provided
for in section 4 to the same extent and in the same manner as such
restrictions apply to amounts made available to carry out chapter 4 of
part II of the Foreign Assistance Act of 1961.
(c) United States Representation on Board of International Fund.--
The United States shall provide two representatives to the Advisory
Board of the International Fund with specialized expertise in promoting
contact, cooperation, dialogue, shared community building, peaceful
coexistence, joint economic development, and reconciliation between
Israelis and Palestinians. The United States representatives on the
Advisory Board of the International Fund shall be from different
political parties, and in making appointments, members of different
political parties shall be appointed alternately as nearly as may be
practicable.
SEC. 6. ANNUAL REPORT.
(a) In General.--At the end of each fiscal year in which the United
States Government makes any contribution to the International Fund in
accordance with this Act, the President shall submit to Congress a
written report on the extent to which the International Fund and United
States contributions to the International Fund have contributed to
promoting and supporting contact, cooperation, dialogue, shared
community building, peaceful coexistence, joint economic development,
and reconciliation between Israelis and Palestinians.
(b) Matters To Be Included.--Such report shall also include the
following:
(1) Contributions pledged to, contributions (including
donations from the private sector) received by, and projects
funded by the International Fund, and the mechanisms
established for transparency and accountability in the grant-
making process.
(2) A description of the International Fund's operations,
activities, budget, receipts, and expenditures for the
preceding 12-month period, including an audited report of the
International Fund's finances, including statements of
financial position, operations, and cash flows, in accordance
with the United States generally accepted government auditing
standards as prescribed by the Comptroller General. | International Fund for Israeli-Palestinian Peace Authorization Act of 2014 - Urges the President to make every effort, in conjunction with the government of Israel, the Palestinian Authority, and the international community to establish an International Fund for Israeli-Palestinian Peace. Authorizes appropriations for U.S. contributions to the Fund. | International Fund for Israeli-Palestinian Peace Authorization Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Access to Public Science
Act''.
SEC. 2. PUBLIC ACCESS POLICY.
(a) In General.--Each covered agency shall formulate and implement
a public access policy to make covered works publicly available,
without charge, on the day after the end of the embargo period, in a
manner consistent with copyright law.
(b) Specifications.--The public access policy shall--
(1) allow the public to read, download, and analyze by
machine covered works in digital form;
(2) facilitate easy public search of, analysis of, and
access to covered works;
(3) encourage public-private collaboration to--
(A) maximize the potential for interoperability
between public and private platforms;
(B) avoid unnecessary duplication of existing
mechanisms; and
(C) maximize the impact of the covered agency's
research investment;
(4) ensure that attribution to authors, journals, and
original publishers is maintained; and
(5) ensure that publications and metadata are stored in an
archive that--
(A) provides for long-term preservation and access
to full content of the covered work without charge,
where appropriate, and balancing cost and public value;
(B) uses a standard, widely available, and, to the
extent possible, nonproprietary archival format for
text and associated content, including images, video,
and supporting data;
(C) provides access for persons with disabilities
consistent with section 508 of the Rehabilitation Act
of 1973 (29 U.S.C. 794d); and
(D) enables integration and interoperability with
other public access repositories.
(c) Metadata.--Notwithstanding subsection (a), a covered agency's
public access policy shall ensure full public access to covered works'
metadata without charge upon first publication in a data format that
ensures interoperability with current and anticipated future search
technology. Where possible, the metadata shall provide a link to the
location where the full text and associated supplemental materials will
be made available at the end of the applicable embargo period.
SEC. 3. FORMULATION OF A PUBLIC ACCESS POLICY.
(a) In General.--Each public access policy shall include--
(1) a strategy for enabling the public to electronically
locate and access publications resulting from federally funded
scientific research;
(2) a strategy for maintaining a repository or
repositories, either within the covered agency or through an
arrangement with another Federal agency or agencies or through
an arrangement with a public or private entity, if consistent
with the purposes of this Act, including free public access in
perpetuity, interoperability, and long-term preservation, so
long as the covered agency maintains an active Web link to the
repository or repositories for public access;
(3) a strategy for incorporating existing covered works
into the repository or repositories required under paragraph
(2) to the extent practicable;
(4) a strategy for notifying research funding recipients of
their obligations under this Act; and
(5) a strategy for taking into account different funding
models for scholarly publishing, including author-pays fees, in
the covered agency's grant and other funding mechanisms.
(b) Coordination With Stakeholders.--In developing its public
access policy, the covered agency shall use a transparent process for
soliciting views from stakeholders, including federally funded
researchers, institutions of higher education, libraries, publishers,
users of federally funded research results, and civil society groups.
(c) Coordination With Other Federal Agencies.--In developing its
public access policy, the covered agency shall collaborate and
coordinate with other Federal agencies to maximize the consistency and
compatibility of public access across the Federal Government.
(d) Report to Congress.--Not later than 6 months after the date of
enactment of this Act, each covered agency shall transmit a report,
containing its public access policy and the mechanism described in
section 6, to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 4. IMPLEMENTATION OF PUBLIC ACCESS POLICY.
(a) In General.--Not later than 1 year after the transmission of
the report required under section 3(d), each covered agency shall
implement its public access policy.
(b) Input.--The implementation of such policy, including the
mechanism described in section 6, shall consider input provided by
relevant stakeholders and other Federal agencies.
(c) Savings Provision.--Nothing in this Act shall affect the
application of United States copyright law.
SEC. 5. PERIODIC REVIEW.
(a) In General.--At least once every 5 years, each covered agency
shall revise, as necessary, its public access policy, including the
mechanism described in section 6.
(b) Report to Congress.--Each covered agency shall transmit a
report containing its public access policy and the mechanism described
in section 6, as revised under subsection (a), to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate not
later than 30 days after completing such revision.
SEC. 6. MECHANISM FOR MODIFICATION OF EMBARGO PERIOD.
Each covered agency, in coordination with the stakeholders
described in section 3(b), shall provide a mechanism for a stakeholder
to petition to change the embargo period under this section for
specific covered works by presenting evidence that the public interest
will be substantially and uniquely harmed under a covered agency's
public access policy related to such work. If a covered agency
determines that the public interest will be substantially and uniquely
harmed upon reviewing the petition, the covered agency may change the
embargo period by no more than 6 months at a time from its current
embargo period.
SEC. 7. DEFINITIONS.
For the purposes of this Act--
(1) the term ``covered agency'' means--
(A) the National Aeronautics and Space
Administration;
(B) the National Science Foundation;
(C) the National Institute of Standards and
Technology; and
(D) the National Weather Service.
(2) the term ``covered work'' means any peer-reviewed
research results published in scholarly publications that are
based on research funded in whole or in part by a covered
agency, but such term does not include--
(A) research progress reports presented at
professional meetings or conferences;
(B) laboratory notes, preliminary data analyses,
notes of the author, phone logs, or other information
used to produce final manuscripts;
(C) classified research; or
(D) work not submitted to a peer-reviewed
publication or work that is rejected by a peer-reviewed
publication; and
(3) the term ``embargo period'' means the period of time no
more than 12 months after the initial date of publication of a
covered work, unless modified under section 6. | Public Access to Public Science Act - Directs each of the covered agencies (the National Aeronautics and Space Administration [NASA], National Science Foundation [NSF], National Institute of Standards and Technology [NIST], and National Weather Service [NWS]) to formulate and implement a public access policy to make covered works publicly available, without charge, on the day after the end of an embargo period. Defines: (1) "covered work" as any peer-reviewed research results published in scholarly publications, with certain exceptions, that are based on research funded in whole or in part by a covered agency; and (2) "embargo period" as the period of time no more than 12 months after the initial date of publication of a covered work, unless modified. Specifies that the public access policy shall: (1) allow the public to read, download, and analyze by machine covered works in digital form; (2) facilitate easy public search of, analysis of, and access to covered works; (3) encourage public-private collaboration; (4) ensure that attribution to authors, journals, and original publishers is maintained; and (5) ensure that publications and metadata are stored in an archive. Requires a covered agency's public access policy to ensure full public access to covered works' metadata, without charge, upon first publication. Requires each covered agency, in coordination with specified stakeholders, to provide a mechanism for a stakeholder to petition to change the embargo period for specific covered works by presenting evidence that the public will be substantially and uniquely harmed under the agency's public access policy related to that work. | Public Access to Public Science Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farmer and Entrepreneur Estate Tax
Relief Act of 1997''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The economy of the United States cannot achieve strong,
sustained growth without adequate levels of savings to fuel
productive activity. Inadequate savings have been shown to lead
to lower productivity, stagnating wages and reduced standards
of living.
(2) Savings levels in the United States have steadily
declined over the past 25 years, and have lagged behind the
industrialized trading partners of the United States.
(3) These anemic savings levels have contributed to the
country's long-term downward trend in real economic growth,
which averaged close to 3.5 percent over the last 100 years but
has slowed to 2.4 percent over the past quarter century.
(4) Congress should work toward reforming the entire
Federal tax code to end its bias against savings by eliminating
the income tax and capital gains tax and replacing them with a
broad-based consumption tax. A broad-based retail consumption
tax is the most effective tax system because it encourages
savings, is fair, its simple to comply with and to administer,
and it fosters exports.
(5) Repealing the estate and gift tax would contribute to
the goals of expanding savings and investment, boosting
entrepreneurial activity, and expanding economic growth. The
estate tax is harmful to the economy because of its high
marginal rates and its multiple taxation of income.
(6) The repeal of the inheritance tax would increase the
growth of the small business sector, which creates a majority
of new jobs in our Nation. Estimates indicate that as many as
70 percent of small businesses do not make it to a second
generation and nearly 90 percent do not make it to a third.
(7) Eliminating the inheritance tax would lift the
compliance burden from farmers and family businesses. On
average, family-owned businesses spent over $33,000 on
accountants, lawyers, and financial experts in complying with
the estate tax laws over a 6.5-year period.
(8) Abolishing the inheritance tax would benefit the
preservation of family farms. Nearly 95 percent of farms and
ranches are owned by sole proprietors or family partnerships,
subjecting most of these estates to inheritance taxes upon the
death of the owner. Due to the capital intensive nature of
farming and its low return on investment, many farm estates do
not have the necessary liquidity to meet their estate tax
liability and are forced to sell their land.
(9) As the average age of farmers approaches 60 years, it
is estimated that a quarter of all farmers could confront the
inheritance tax over the next 20 years. The auctioning of these
productive assets to finance tax liabilities destroys jobs and
harms the economy.
(10) Abolishing the inheritance taxes would restore a
measure of fairness to our Federal tax system. Families should
be able to pass on the fruits of the labor to the next
generation without realizing a taxable event.
(11) Despite this heavy burden on entrepreneurs, farmers,
and our entire economy, estate and gift taxes collect only
about 1 percent of our Federal tax revenues. In fact, the
estate tax may not raise any revenue at all, because more
income tax is lost from individuals attempting to avoid estate
taxes than is ultimately collected at death.
(12) Repealing estate and gift taxes is supported by the
White House Conference on Small Business, the Kemp Commission
on Tax Reform, and 60 small business advocacy organizations.
SEC. 3. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDIT.
(a) Estate Tax Credit.--
(1) In general.--Subsection (a) of section 2010 of the
Internal Revenue Code (relating to unified credit against
estate tax) is amended by striking ``$192,800'' and inserting
``the applicable credit amount''.
(2) Applicable credit amount.--Section 2010 of such Code is
amended by redesignating subsection (c) as subsection (d) and
by inserting after subsection (b) the following new subsection:
``(c) Applicable Credit Amount.--For purposes of this section, the
applicable credit amount is the amount of the tentative tax which would
be determined under the rate schedule set forth in section 2001(c) if
the amount with respect to which such tentative tax is to be computed
were the applicable exclusion amount determined in accordance with the
following table:
In the case of estate of decedents The applicable exclusion amount is:
dying, and gifts made,
during:
1998 and thereafter.......................... $5,000,000.''.
(3) Conforming amendment.--
(A) Section 6018(a)(1) of such Code is amended by
striking ``$600,000'' and inserting ``the applicable
exclusion amount in effect under section 2010(c) for
the calendar year which includes the date of death''.
(B) Section 2001(c)(2) of such Code is amended by
striking ``$21,040,000'' and inserting ``the amount at
which the average tax rate under this section is 55
percent''.
(C) Section 2102(c)(3)(A) of such Code is amended
by striking ``$192,800'' and inserting ``the applicable
credit amount in effect under section 2010(c) for the
calendar year which includes the date of death''.
(b) Unified Gift Tax Credit.--Section 2505(a)(1) of the Internal
Revenue Code of 1986 (relating to unified credit against gift tax) is
amended by striking ``$192,800'' and inserting ``the applicable credit
amount in effect under section 2010(c) for such calendar year''.
(c) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and gifts made, after December
31, 1997. | Farmer and Entrepreneur Estate Tax Relief Act of 1997 - Amends the Internal Revenue Code to increase the unified estate and gift tax credit. | Farmer and Entrepreneur Estate Tax Relief Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Child Protection Amendments
Act of 2001''.
SEC. 2. FACILITATION OF BACKGROUND CHECKS.
(a) In General.--Section 3 of the National Child Protection Act of
1993 (42 U.S.C. 5119a) is amended to read as follows:
``SEC. 3. FACILITATION OF BACKGROUND CHECKS.
``(a) In General.--
``(1) Background checks.--
``(A) In general.--A qualified entity designated by
a State may contact an authorized agency of the State
to obtain a fingerprint-based national criminal history
background check (referred to in this section as a
`background check') of a provider who provides care to
children, the elderly, or individuals with disabilities
(referred to in this section as a `provider').
``(B) Definition.--In this paragraph, the term
`fingerprint-based' means based upon fingerprints or
other biometric identification characteristics approved
under rules applicable to the Interstate Identification
Index System as defined in Article I (13) of the
National Crime Prevention and Privacy Compact.
``(2) Procedures.--
``(A) Submission.--A request for background check
pursuant to this section shall be submitted through a
State criminal history record repository.
``(B) Duties of repository.--After receipt of a
request under subparagraph (A), the State criminal
history record repository shall--
``(i) conduct a search of the State
criminal history record system and, if
necessary, forward the request, together with
the fingerprints of the provider, to the
Federal Bureau of Investigation; and
``(ii) make a reasonable effort to respond
to the qualified entity within 15 business days
after the date on which the request is
received.
``(C) Duties of the fbi.--Upon receiving a request
from a State repository under this section, the FBI
shall--
``(i) conduct a search of its criminal
history record system; and
``(ii) make a reasonable effort to respond
to the State repository or the qualified entity
within 5 business days after the date on which
the request is received.
``(3) National crime prevention and privacy compact.--Each
background check pursuant to this section shall be conducted
pursuant to the National Crime Prevention and Privacy Compact.
``(b) Guidelines.--
``(1) In general.--In order to conduct background checks
pursuant to this section, a State shall--
``(A) establish or designate one or more authorized
agencies to perform the duties required by this
section, including the designation of qualified
entities; and
``(B) establish procedures requiring that--
``(i) a qualified entity that requests a
background check pursuant to this section shall
forward to the authorized agency the
fingerprints of the provider and shall obtain a
statement completed and signed by the provider
that--
``(I) sets out the name, address,
and date of birth of the provider
appearing on a valid identification
document (as defined in section 1028 of
title 18, United States Code);
``(II) states whether the provider
has a criminal history record and, if
so, sets out the particulars of such
record;
``(III) notifies the provider that
the qualified entity may request a
background check and that the signature
of the provider to the statement
constitutes an acknowledgement that
such a background check may be
conducted and explains the uses and
disclosures that may be made of the
results of the background check;
``(IV) notifies the provider that
pending the completion of the
background check the provider may be
denied unsupervised access to children,
the elderly, or disabled persons with
respect to which the provider intends
to provide care; and
``(V) notifies the provider of the
rights of the provider under
subparagraph (B);
``(ii) each provider who is the subject of
an adverse fitness determination based on a
background check pursuant to this section shall
be provided with an opportunity to contact the
authorized agency and initiate a process to--
``(I) obtain a copy of the criminal
history record upon which the
determination was based; and
``(II) file a challenge with the
State repository or, if appropriate,
the FBI, concerning the accuracy and
completeness of the criminal history
record information in the report, and
obtain a prompt determination of the
challenge before a final adverse
fitness determination is made on the
basis of the criminal history record
information in the report;
``(iii) an authorized agency that receives
a criminal history record report that lacks
disposition information shall make appropriate
inquiries to available State and local
recordkeeping systems to obtain complete
information, to the extent possible considering
available personnel and resources;
``(iv) an authorized agency that receives
the results of a background check conducted
under this section shall either--
``(I) make a determination
regarding whether the criminal history
record information received in response
to the background check indicates that
the provider has a criminal history
record that renders the provider unfit
to provide care to children, the
elderly, or individuals with
disabilities and convey that
determination to the qualified entity;
or
``(II) provide some or all of such
criminal history record information to
the qualified entity for use by the
qualified entity in making a fitness
determination concerning the provider;
and
``(v) a qualified entity that receives
criminal history record information concerning
a provider in response to a background check
pursuant to this section--
``(I) shall adhere to a standard of
reasonable care concerning the security
and confidentiality of the information
and the privacy rights of the provider;
``(II) shall make a copy of the
criminal history record available, upon
request, to the provider; and
``(III) shall not retain the
criminal history record information for
any period longer than necessary for a
final fitness determination concerning
the subject of the information.
``(2) Retention of information.--The statement required
under paragraph (1)(B)(i)--
``(A) may be forwarded by the qualified entity to
the authorized agency or retained by the qualified
entity; and
``(B) shall be retained by such agency or entity,
as appropriate, for not less than 1 year.
``(c) Guidance by the Attorney General.--The Attorney General shall
to the maximum extent practicable, encourage the use of the best
technology available in conducting background checks pursuant to this
section.
``(d) Guidance by the National Crime Prevention and Privacy Compact
Council.--
``(1) In general.--The Compact Council shall provide
guidance to States to ensure that national background checks
conducted under this section comply with the National Crime
Prevention and Privacy Compact and shall provide guidance to
authorized agencies to assist them in performing their duties
under this section.
``(2) Model fitness standards.--The guidance under
paragraph (1) shall include model fitness standards for
particular types of providers, which may be adopted voluntarily
by States for use by authorized agencies in making fitness
determinations.
``(3) NCPA care provider committee.--In providing the
guidance under paragraph (1), the Compact Council shall create
a permanent NCPA Care Provider Committee which shall include,
but not be limited to, representatives of national
organizations representing private nonprofit qualified entities
using volunteers to provide care to children, the elderly, or
individuals with disabilities.
``(4) Reports.--At least annually, the Compact Council
shall report to the President and Congress with regard to
national background checks of providers conducted pursuant to
the NCPA.
``(e) Penalty.--Any officer, employee, or authorized representative
of a qualified entity who knowingly and willfully--
``(1) requests or obtains any criminal history record
information pursuant to this section under false pretenses; or
``(2) uses criminal history record information for a
purpose not authorized by this section, shall be guilty of a
misdemeanor and fined not more than $5,000.
``(f) Limitations on Liability.--
``(1) Liability of qualified entities.--
``(A) Failure to request background check.--A
qualified entity shall not be liable in an action for
damages solely for the failure of such entity to
request a background check on a provider.
``(B) Willful violations.--A qualified entity shall
not be liable in an action for damages for violating
any provision of this section, unless such violation is
knowing and willful.
``(C) Reasonable care standard.--A qualified entity
that exercises reasonable care for the security,
confidentiality, and privacy of criminal history record
information received in response to a background check
pursuant to this section shall not be liable in an action for damages.
``(2) Liability of governmental entities.--A State or
political subdivision thereof, or any agency, officer, or
employee thereof, shall not be liable in an action for damages
for the failure of a qualified entity (other than itself) to
take adverse action with respect to a provider who was the
subject of a background check.
``(3) Reliance on information.--An authorized agency or a
qualified entity that reasonably relies on criminal history
record information received in response to a background check
pursuant to this section shall not be liable in an action for
damages based upon the inaccuracy or incompleteness of the
information.
``(g) Fees.--
``(1) Limitation.--In the case of a background check
pursuant to a State requirement adopted after December 20,
1993, conducted with fingerprints on a person who volunteers
with a qualified entity, the fees collected by authorized State
agencies and the Federal Bureau of Investigation may not exceed
$18, respectively, or the actual cost, whichever is less, of
the background check conducted with fingerprints.
``(2) State fee systems.--The States shall establish fee
systems that ensure that fees to nonprofit entities for
background checks do not discourage volunteers from
participating in child care programs.
``(3) Authority of federal bureau of investigation.--This
subsection shall not effect the authority of the Federal Bureau
of Investigation or the States to collect fees for conducting
background checks of persons who are employed as or apply for
positions as paid care providers.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS; CONFORMING AMENDMENTS.
(a) Funding for Improvement of Child Abuse Crime Information.--
Section 4 of the National Child Protection Act of 1993 (42 U.S.C.
5119b) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(2) in subsection (a), as redesignated--
(A) in paragraph (1)--
(i) in each of subparagraphs (C) and (D),
by striking ``national criminal history
background check system'' and inserting
``criminal history record repository''; and
(ii) by striking subparagraph (E) and
inserting the following:
``(E) to assist the State in offsetting the costs
to qualified entities of background checks under
section 3 on volunteer providers.''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Authorization of appropriations.--There are
authorized to be appropriated for grants under paragraph (1)--
``(A) $80,000,000 for fiscal year 2001; and
``(B) such sums as may be necessary for each of
fiscal years 2002 through 2005.''.
(b) Funding for Compact Council.--There are authorized to be
appropriated to the Federal Bureau of Investigation to support the
activities of the National Crime Prevention and Privacy Compact
Council--
(1) $1,000,000 for fiscal year 2001; and
(2) such sums as may be necessary for fiscal years 2002
through 2005.
SEC. 4. DEFINITIONS.
Section 5 of the National Child Protection Act of 1993 (42 U.S.C.
5119c) is amended--
(1) by striking paragraph (8);
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(3) by inserting after paragraph (5) the following:
``(6) the term `criminal history record repository' means
the State agency designated by the Governor or other executive
official of a State, or by the legislature of a State, to
perform centralized recordkeeping functions for criminal
history records and services in the State;''; and
(4) in paragraph (9)--
(A) in subparagraph (A)(iii)--
(i) by inserting ``or to an elderly person
or person with a disability'' after ``to a
child''; and
(ii) by striking ``child care'' and
inserting ``care''; and
(B) in subparagraph (B)(iii)--
(i) by inserting ``or to an elderly person
or person with a disability'' after ``to a
child''; and
(ii) by striking ``child care'' and
inserting ``care''.
SEC. 5. AMENDMENT TO NATIONAL CRIMINAL HISTORY ACCESS AND CHILD
PROTECTION ACT.
Section 215 of the National Criminal History Access and Child
Protection Act is amended by--
(1) striking subsection (b) and inserting the following:
``(b) Direct Access to Certain Records Not Affected.--Nothing in
the Compact shall affect any direct terminal access to the III System
provided prior to the effective date of the Compact under the
following:
``(1) Section 9101 of title 5, United States Code.
``(2) The Brady Handgun Violence Prevention Act (Public Law
103-159; 107 Stat. 1536).
``(3) The Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322; 108 Stat. 2074) or any amendments
made by that Act.
``(4) The United States Housing Act of 1937 (42 U.S.C. 1437
et seq.).
``(5) The Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.).
``(6) Any direct terminal access to Federal criminal
history records authorized by law.''; and
(2) in subsection (c) by inserting after the period at the
end thereof the following: ``Criminal history records
disseminated by the FBI pursuant to such Act by means of the
III System shall be subject to the Compact.''. | National Child Protection Amendments Act of 2001 - Amends the National Child Protection Act of 1993 to authorize a qualified entity designated by a State to contact an authorized State agency to obtain a fingerprint-based national criminal history background check of a provider of care to children, the elderly, or individuals with disabilities. Requires: (1) the Federal Bureau of Investigation (FBI), upon receiving a request from a State repository, to conduct a search of its criminal history record system and respond within a specified time frame; and (2) each such check to be conducted pursuant to the National Crime Prevention and Privacy Compact.Directs the National Crime Prevention and Privacy Compact Council to: (1) provide guidance, including model fitness standards, to States to ensure that national background checks comply with the Compact and to authorized agencies; and (2) create a permanent Care Provider Committee which shall include representatives of national organizations representing private nonprofit qualified entities using volunteers to provide care to children, the elderly, or individuals with disabilities.Provides criminal penalties for the unauthorized request or use of such information by a qualified entity.Amends the National Criminal History Access and Child Protection Act to provide that: (1) nothing in the Compact shall affect any direct terminal access to the Interstate Identification Index System provided prior to the effective date of the Compact under specified Acts; and (2) criminal history records disseminated by the FBI pursuant to such Act by means of the System shall be subject to the Compact. | A bill to amend sections 3, 4, and 5 of the National Child Protection Act of 1993, relating to national criminal history background checks of providers of care to children, elderly persons, and persons with disabilities, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Donbass People's Militia Terrorist
Designation Act of 2014''.
SEC. 2. SENSE OF CONGRESS ON DESIGNATION OF THE DONBASS PEOPLE'S
MILITIA AS A FOREIGN TERRORIST ORGANIZATION.
(a) Findings.--Congress finds the following:
(1) The Donbass People's Militia (DPM) is an armed militia
with allegiance to the Donestsk People's Republic, a self-
proclaimed State in Eastern Europe.
(2) The organization consists of pro-Russian separatists
that have taken up arms against the Ukrainian Armed Forces and
the Government of Ukraine.
(3) The Government of Ukraine has concluded that the DPM is
responsible for shooting down Malaysian Airlines Flight 17 on
July 17, 2014.
(4) The actions of the DPM resulted in the deaths of 283
passengers, 80 of them children, and 15 crew members.
(5) A United Nations report released May 15, 2014,
concluded that ``in eastern Ukraine, freedom of expression is
under particular attack through the harassment of, and threats
to, journalists and media outlets and the increasing prevalence
of hate speech is further fuelling tensions (Section I, Article
5, Section vi).''.
(6) According to the United Nations report, ``Armed groups
continue to illegally seize and occupy public and
administrative buildings in cities and towns of the eastern
regions and proclaim `self-declared regions'''.
(7) Leaders and members of these armed groups commit an
increasing number of human rights abuses, such as abductions,
harassment, unlawful detentions, in particularly of
journalists. This is leading to a breakdown in law and order
and a climate of intimidation and harassment (Section I,
Article 5, Section ii).
(8) A report by the highly respected human rights advocacy
organization, Human Rights Watch, found that ``Anti-Kiev forces
in eastern Ukraine are abducting, attacking, and harassing
people they suspect of supporting the Ukrainian government or
consider undesirable.''.
(9) Militants in the self-proclaimed Donestsk People's
Republic have taken hostages and have yet to release them.
(10) According to a report by the United Nations High
Commissioner for Refugees, the actions of DPM and other
militant groups have caused over 100,000 Ukrainians to flee
their country as refugees and have also displaced approximately
54,000 citizens internally.
(b) Criteria.--Section 219(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)(1)) provides the 3 criteria for the designation
of an organization as a foreign terrorist organization:
(1) The organization must be a foreign organization.
(2) The organization must engage in terrorist activity, as
defined in section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)), or terrorism, as
defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(d)(2)), or retain the capability and intent to engage in
terrorist activity or terrorism.
(3) The organization's terrorist activity or terrorism must
threaten the security of United States nationals or the
national security (national defense, foreign relations, or the
economic interests) of the United States.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the Donbass People's Militia has met the criteria for
designation as a foreign terrorist organization under section
219 of the Immigration and Nationality Act (as described in
subsection (b)); and
(2) the Secretary of State, in consultation with the
Attorney General and the Secretary of the Treasury, should
exercise the Secretary of State's statutory authority and
designate the Donbass People's Militia as a foreign terrorist
organization.
(d) Report.--If the Secretary of State does not designate the
Donbass People's Militia as a foreign terrorist organization under
section 219 of the Immigration and Nationality Act within 60 days after
the date of the enactment of this Act, the Secretary of State shall
submit to Congress a report that contains the reasons therefor.
SEC. 3. SANCTIONS AGAINST PERSONS WHO KNOWINGLY PROVIDE MATERIAL
SUPPORT OR RESOURCES TO THE DONBASS PEOPLE'S MILITIA OR
ITS AFFILIATES, ASSOCIATED GROUPS, OR AGENTS.
(a) Sanctions.--
(1) In general.--The President shall subject to all
available sanctions any person in the United States or subject
to the jurisdiction of the United States who knowingly provides
material support or resources to the Donbass People's Militia
or its affiliates, associated groups, or agents.
(2) Definition.--In this paragraph, the term ``material
support or resources'' has the meaning given such term in
section 2339A(b)(1) of title 18, United States Code.
(b) Inadmissibility and Removal.--
(1) Inadmissability.--Notwithstanding any other provision
of law, the Secretary of State may not issue any visa to, and
the Secretary of Homeland Security shall deny entry to the
United States of, any member or representative of the Donbass
People's Militia or its affiliates, associated groups, or
agents.
(2) Removal.--Any alien who is a member or representative
of the Donbass People's Militia or its affiliates, associated
groups, or agents may be removed from the United States in the
same manner as an alien who is inadmissible under sections
212(a)(3)(B)(i)(IV) or (V) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(B)(i)(IV) or (V)).
(c) Funds.--Any United States financial institution (as defined
under section 5312 of title 31, United States Code) that knowingly has
possession of or control over funds in which the Donbass People's
Militia or its affiliates, associated groups, or agents have an
interest shall retain possession of or control over the funds and
report the funds to the Office of Foreign Assets Control of the
Department of the Treasury. | Donbass People's Militia Terrorist Designation Act of 2014 - Expresses the sense of Congress that the Donbass People's Militia (an armed militia with allegiance to the Donestsk People's Republic, a self-proclaimed state in Eastern Europe) has met the criteria for designation as a foreign terrorist organization, and the Secretary of State should so designate it. Requires the Secretary to report to Congress the reasons why if he does not designate the Donbass People's Militia as a foreign terrorist organization within 60 days. Directs the President to subject to sanctions any person in the United States or subject to U.S. jurisdiction who knowingly provides material support or resources to the Donbass People's Militia or its affiliates, associated groups, or agents. Prohibits the Secretary from issuing any visa to, and directs the Secretary of Homeland Security (DHS) to deny U.S. entry to, any member or representative of the Donbass People's Militia or its affiliates, associated groups, or agents. Authorizes the removal from the United States of any alien who is a member or representative of the Donbass People's Militia or its affiliates, associated groups, or agents in the same manner as an alien who is inadmissible under certain terrorist grounds. Requires any U.S. financial institution that knowingly has possession of or control over funds in which the Donbass People's Militia or its affiliates, associated groups, or agents have an interest to: (1) retain possession of or control over the funds, and (2) report the funds to the Office of Foreign Assets Control of the Department of the Treasury. | Donbass People's Militia Terrorist Designation Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bay Area Regional Water Recycling
Program Authorization Act of 2007''.
SEC. 2. PROJECT AUTHORIZATIONS.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is amended by adding at the end the following:
``SEC. 16XX. MOUNTAIN VIEW, MOFFETT AREA RECLAIMED WATER PIPELINE
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Palo Alto, California, and the City of Mountain View, California, is
authorized to participate in the design, planning, and construction of
recycled water distribution systems.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
``SEC. 16XX. PITTSBURG RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Pittsburg, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,400,000.
``SEC. 16XX. ANTIOCH RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Antioch, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,250,000.
``SEC. 16XX. NORTH COAST COUNTY WATER DISTRICT RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the North
Coast County Water District, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000.
``SEC. 16XX. REDWOOD CITY RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Redwood City, California, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,100,000.
``SEC. 16XX. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the South
County Regional Wastewater Authority and the Santa Clara Valley Water
District, is authorized to participate in the design, planning, and
construction of recycled water system distribution facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000.
``SEC. 16XX. SOUTH BAY ADVANCED RECYCLED WATER TREATMENT FACILITY.
``(a) Authorization.--The Secretary, in cooperation with the City
of San Jose, California, and the Santa Clara Valley Water District, is
authorized to participate in the design, planning, and construction of
recycled water treatment facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,250,000.''.
(b) Conforming Amendments.--The table of items in section 2 of
Public Law 102-575 is amended by inserting after the item relating to
section 16xx the following:
``Sec. 16xx. Mountain View, Moffett Area Reclaimed Water Pipeline
Project.
``Sec. 16xx. Pittsburg Recycled Water Project.
``Sec. 16xx. Antioch Recycled Water Project.
``Sec. 16xx. North Coast County Water District Recycled Water Project.
``Sec. 16xx. Redwood City Recycled Water Project.
``Sec. 16xx. South Santa Clara County Recycled Water Project.
``Sec. 16xx. South Bay Advanced Recycled Water Treatment Facility.''.
SEC. 3. SAN JOSE AREA WATER RECLAMATION AND REUSE PROJECT.
It is the intent of Congress that a comprehensive water recycling
program for the San Francisco Bay Area include the San Jose Area water
reclamation and reuse program authorized by section 1607 of the
Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C
390h-5). | Bay Area Regional Water Recycling Program Authorization Act of 2007 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of recycled water projects in cooperation with: (1) Palo Alto and Mountain View, California; (2) Pittsburg, California, and the Delta Diablo Sanitation District; (3) Antioch, California, and the Delta Diablo Sanitation District; (4) the North Coast County Water District; (5) Redwood City, California; (6) the South County Regional Wastewater Authority and the Santa Clara Valley Water District; and (7) San Jose, California, and the Santa Clara Valley Water District.
Expresses the intent of Congress that a comprehensive water recycling program for the San Francisco Bay Area include the San Jose Area water reclamation and reuse program authorized by the Reclamation Projects Authorization and Adjustment Act of 1992. | A bill to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Bay Area Regional Water Recycling Program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nevada National Forest Land
Disposal Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The United States owns, and the Forest Service
administers, land in small and large parcels in Carson City and
Douglas County, Nevada.
(2) Much of this Federal land is interspersed with or
adjacent to private land, which renders the Federal land
difficult, inefficient, and expensive for the Forest Service to
manage and more appropriate for disposal.
(3) In order to promote responsible and orderly development
in Carson City and Douglas County, Nevada, appropriate parcels
of the Federal land should be sold by the Federal Government
based on recommendations made by units of local government and
the public.
(b) Purpose.--The purpose of this Act is to provide for the sale of
certain parcels of Federal land in Carson City and Douglas County,
Nevada.
SEC. 3. DISPOSAL OF NATIONAL FOREST SYSTEM LANDS, CARSON CITY AND
DOUGLAS COUNTY, NEVADA.
(a) Disposal Required.--The Secretary of Agriculture (in this
section referred to as the ``Secretary'' shall sell any right, title,
or interest of the United States in and to the following parcels of
National Forest System lands in Carson City or Douglas County, Nevada:
(1) The parcel of land referred to as the ``Carson
Parcel'', consisting of approximately 3 acres, and more
particularly described as being a portion of the southeast
quarter, section 31, township 15 north, range 20 east, Mount
Diablo Base and Meridian.
(2) The parcel of land referred to as the ``Jacks Valley/
Highway 395 Parcel'', consisting of approximately 28 acres, and
more particularly described as being a portion of the southeast
quarter, section 6, township 14 north, range 20 east, Mount
Diablo Base and Meridian.
(3) The parcel of land referred to as the ``Indian Hills
Parcel'', consisting of approximately 75 acres, and more
particularly described as being a portion of the southwest
quarter, section 18, township 14 north, range 20 east, Mount
Diablo Base and Meridian.
(4) The parcel of land referred to as the ``Mountain House
Area Parcel'', consisting of approximately 40 acres, and more
particularly described as being a portion of the northwest
quarter northeast quarter, section 12, township 10 north, range
21 east, Mount Diablo Base and Meridian.
(5) The parcel of land referred to as the ``Holbrook
Junction Area Parcel'', consisting of approximately 80 acres,
and more particularly described as being a portion of the west
half of the southwest quarter, section 7, township 10 north,
range 22 east, Mount Diablo Base and Meridian.
(6) The two parcels of land referred to as the ``Topaz Lake
Parcels'', consisting of approximately 5 acres (approximately
2.5 acres per parcel), and more particularly described as being
portions of the northwest quarter, section 29, township 10
north, range 22 east, Mount Diablo Base and Meridian.
(b) Modification of Descriptions.--The Secretary may--
(1) correct typographical or clerical errors in the
descriptions of land specified in subsection (a); and
(2) for the purposes of soliciting offers for the sale of
such land, modify the descriptions based on--
(A) a survey; or
(B) a determination by the Secretary that the
modification is in the best interest of the public.
(c) Selection and Sale.--
(1) Coordination.--The Secretary shall coordinate the sale
of land under this section with the unit of local government in
which the land is located.
(2) Existing rights.--The sale of land under this section
shall be subject to all valid existing rights, such as rights-
of-way, in effect as of the date of the sale.
(3) Zoning laws.--The sale of land under this section shall
be in accordance with local land use planning and zoning laws
and regulations.
(4) Solicitations of offers.--The Secretary shall solicit
offers for the sale of land under this section, subject to any
terms or conditions that the Secretary may prescribe. The
Secretary may reject any offer made under this section if the
Secretary determines that the offer is not adequate or not in
the public interest.
(5) Method of sale.--The Secretary may sell the land
described in subsection (a) at public auction.
(d) Disposition of Proceeds.--
(1) Payments and deposits.--Of the gross proceeds from any
sale of land under this section, the Secretary shall--
(A) pay five percent to the State of Nevada for use
for the general education program of the State;
(B) pay five percent to the Carson Water
Subconservancy District in the State;
(C) deposit 25 percent in the fund established
under Public Law 90-171 (commonly known as the ``Sisk
Act''; 16 U.S.C. 484a); and
(D) retain and use, without further appropriation,
the remaining funds for the purpose of expanding the
Minden Interagency Dispatch Center in Minden, Nevada,
as provided in paragraph (3).
(2) Use of sisk act funds.--The amounts deposited under
paragraph (1)(C) shall be available to the Secretary until
expended, without further appropriation, for the following
purposes:
(A) Reimbursement of costs incurred by the local
offices of the Forest Service in carrying out land
sales under this section, not to exceed 10 percent of
the total proceeds of the land sales.
(B) The development and maintenance of parks,
trails, and natural areas in Carson City or Douglas
County, Nevada, in accordance with a cooperative
agreement entered into with the unit of local
government in which the park, trail, or natural area is
located.
(3) Minden interagency dispatch center.--The Minden
Interagency Dispatch Center is located on land made available
by the State of Nevada in Minden, Nevada, and will serve as a
joint facility for the Forest Service and the Nevada Division
of Forestry for the purpose of fighting wildland fires. The
expansion of the center shall include living quarters and
office space for the Blackmountain Hotshot Crew, a guard
station for housing engines and patrol vehicles, an air traffic
control tower, a training facility, and a warehouse.
(4) Limitation.--None of the amounts made available to the
Carson Water Subconservancy District under paragraph (1)(B)
shall be used to pay the costs of litigation.
(e) Relation to Other Property Management Laws.--The land described
in subsection (a) shall not be subject to chapter 5 of title 40, United
States Code, as codified by Public Law 107-217 (116 Stat. 1062).
(f) Withdrawal.--Subject to valid existing rights, all Federal land
described in subsection (a) is withdrawn from location, entry, and
patent under the public land laws, mining laws, and mineral leasing
laws, including geothermal leasing laws.
(g) Revocation of Public Land Orders.--
(1) In general.--To facilitate the sale of parcels of land
described in subsection (a), the Secretary shall revoke any
public land orders in existence on the date of the enactment of
this Act that withdraw the parcels from all forms of
appropriation under the public land laws, to the extent that
the orders apply to land described in such subsection (a).
(2) Effective date.--A revocation under paragraph (1) shall
be effective on the date on which the instrument conveying the
parcels of land subject to the public land order is executed.
(h) Report.--The Secretary shall submit to the Committee on
Agriculture and the Committee on Resources of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate an annual report on all land sales made under
this section. | Nevada National Forest Land Disposal Act of 2003 - Authorizes the Secretary of Agriculture to sell any right, title, or interest of the United States in and to certain parcels of National Forest System lands in Carson City and Douglas County, Nevada. Declares that the Secretary and the relevant unit of local government shall jointly decide whether land is to be offered for sale under this Act. Sets forth percentages of the gross proceeds from sales under this Act that shall be earmarked for: (1) the State of Nevada general education program; (2) the Carson Water Subconservancy District in Nevada; (3) the fund established in the Sisk Act, to be used for land sales costs and for the development and maintenance of parks, trails, and natural areas in specified Nevada counties; and (4) the Minden Interagency Dispatch Center in Minden, Nevada. Declares that the lands authorized to be sold under this Act shall not be subject to specified Federal law pertaining to property management. | A bill to direct the Secretary of Agriculture to sell certain parcels of Federal land in Carson City and Douglas County, Nevada. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Responders Support Act of
2009''.
SEC. 2. EXPANDING DISABILITY BENEFITS.
(a) In General.--Section 1201 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796) is amended--
(1) in subsection (a), by striking ``$250,000'' and
inserting ``$350,000''; and
(2) in subsection (h), by striking ``the effective date of
this subsection'' and inserting ``the date of enactment of the
First Responders Support Act of 2009''.
(b) Expediting Benefits.--Section 1201 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by adding at
the end the following:
``(n) Not later than 12 months after the date on which a claimant
submits all information required for a claim under this subpart, the
Bureau shall determine whether the claimant is eligible to receive a
benefit under this subpart.''.
(c) Regulations.--Not later than 9 months after the date of
enactment of this Act, the Attorney General shall promulgate
regulations to carry out the amendments made by this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General, in addition to any other amounts
otherwise authorized to be appropriated--
(1) $2,000,000 for each of fiscal years 2011 through 2015
to hire employees for the Bureau of Justice Assistance and
obtain the technology and equipment necessary to educate and
assist eligible agencies with the filing and application of
claims for the Public Safety Officer Benefits Programs and to
provide supplemental materials for continuing education of
claims information and procedure; and
(2) $800,000 for each of fiscal years 2011 through 2015 for
the education and assistance to public safety officers and
first responders in jurisdictions located in rural areas and
urban areas with a population of less than 25,000.
SEC. 3. EDUCATIONAL BENEFITS.
Section 1212(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796d-1(a)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2)(A) Except as provided in paragraph (3), and subject to
subparagraph (C) of this paragraph, financial assistance under this
subpart shall--
``(i) consist of direct payments to an eligible dependent;
and
``(ii) be paid at the monthly rate of not more than $1,500.
``(B) The Director shall promulgate regulations to establish the
amount of financial assistance under subparagraph (A) for an eligible
dependent, which shall be based on the portion of the normal full-time
academic workload for the course of study, as determined by the
eligible educational institution, that the eligible dependent is
pursuing.
``(C) On October 1 of each fiscal year beginning after the date of
enactment of the First Responders Support Act of 2009, the Director
shall adjust the level of the benefit payable during that fiscal year
under subparagraph (A)(ii), to reflect the annual percentage change in
the Consumer Price Index for All Urban Consumers, published by the
Bureau of Labor Statistics, occurring in the 1-year period ending on
June 1 immediately preceding such October 1.''; and
(2) in paragraph (3)(A), by striking ``to which the
eligible dependent would otherwise be entitled to receive'' and
inserting ``that the eligible dependent receives''.
SEC. 4. PRIORITIZATION OF CLAIMS.
Section 1205 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796c) is amended by adding at the end the following:
``(d)(1) The Bureau shall adopt and apply a system of
prioritization of claims for benefits under this part based on the
severity of the claim and the likelihood of approval of the claim.
``(2) For purposes of this subsection, a claim for a death benefit
or 100 percent disability shall be considered more severe and given
priority.''.
SEC. 5. EXPANDING COUNSELING AND MENTAL HEALTH SERVICES.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Bureau
of Justice Assistance;
(2) the term ``eligible organization'' means an
organization that provides free or reduced cost mental health
services or counseling to public safety officers seriously
injured in the line of duty and the family members of public
safety officers killed or seriously injured in the line of
duty;
(3) the term ``public safety officer'' has the meaning
given that term in section 1204 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b); and
(4) the term ``reduced cost'', relating to mental health
services or counseling, means that the organization providing
the services or counseling charges not more than 50 percent of
the amount that the organization would otherwise charge for the
services or counseling.
(b) Authorization To Make Grants.--The Director may make grants to
eligible organizations to provide mental health services or counseling
to public safety officers seriously injured in the line of duty and the
family members of public safety officers killed or seriously injured in
the line of duty.
(c) Application.--An eligible organization desiring a grant under
this section shall submit an application at such time, in such manner,
and accompanied by such information as the Director may establish.
SEC. 6. OVERSIGHT OF THE PSOB PROGRAM.
The Director of the Bureau of Justice Assistance shall--
(1) not later than 12 months after the date of enactment of
this Act, structure, design, and implement a performance
measure for the Public Safety Officers Benefits program to
monitor the claims process and payment of benefits to officers
and beneficiaries; and
(2) report to Congress annually on the performance of the
program, and its activities, including technological updates,
the status of payments and claims, and the results of any
education and outreach activities performed in accordance to
this Act. | First Responders Support Act of 2009 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) increase death and disability benefits for public safety officers; (2) expand educational benefits for dependents of public safety officers killed or disabled in the line of duty; and (3) require the Bureau of Justice Assistance of the Department of Justice (DOJ) to adopt and apply a system for prioritizing claims for public safety officers' benefits based on the severity of a claim and the likelihood of its approval (grants automatic priority to a claim for death benefits or 100% disability).
Authorizes the Director of the Bureau of Justice Assistance to make grants to organizations for reduced cost mental health services or counseling to public safety officers seriously injured in the line of duty and their families.
Requires the Director to structure, design, and implement a performance measure for the Public Safety Officers Benefits program to monitor the claims process and payment of benefits to public safety officers and their beneficiaries and to report to Congress annually on the performance of the program and its activities. | A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide adequate benefits for public safety officers injured or killed in the line of duty, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Twenty-First Century Distance
Learning Enhancement Act''.
SEC. 2. EDUCATIONAL USE COPYRIGHT EXEMPTION.
(a) Exemption of Certain Performances and Displays for Educational
Uses.--Section 110 of title 17, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) except with respect to a work produced or marketed
primarily for performance or display as part of mediated
instructional activities transmitted via digital networks, or a
performance or display that is given by means of a copy or
phonorecord that is not lawfully made and acquired under this
title, and the transmitting government body, accredited
nonprofit educational institution, or nonprofit library knew or
had reason to believe was not lawfully made and acquired, the
performance of a nondramatic literary or musical work or
reasonable and limited portions of any other work, or display
of a work in an amount comparable to that which is typically
displayed in the course of a live classroom session, by or in
the course of a transmission, if--
``(A) the performance or display is made by, at the
direction of, or under the actual supervision of an
instructor as an integral part of a class session
offered as a regular part of the systematic mediated
instructional activities of a governmental body, an
accredited nonprofit educational institution, or a
nonprofit library;
``(B) the performance or display is directly
related and of material assistance to the teaching
content of the transmission;
``(C) the transmission is made solely for, and, to
the extent technologically feasible, the reception of
such transmission is limited to--
``(i) students officially enrolled in the
course for which the transmission is made; or
``(ii) officers or employees of
governmental bodies as a part of their official
duties or employment; and
``(D) the transmitting body or institution--
``(i) institutes policies regarding
copyright, provides informational materials to
faculty, students, and relevant staff members
that accurately describe, and promote
compliance with, the laws of the United States
relating to copyright, and provides notice to
students that materials used in connection with
the course may be subject to copyright
protection; and
``(ii) in the case of digital
transmissions--
``(I) applies technological
measures that, in the ordinary course
of their operations, prevent--
``(aa) retention of the
work in accessible form by
recipients of the transmission
from the transmitting body or
institution for longer than the
class session; and
``(bb) unauthorized further
dissemination of the work in
accessible form by such
recipients to others; and
``(II) does not engage in conduct
that could reasonably be expected to
interfere with technological measures
used by copyright owners to prevent
such retention or unauthorized further
dissemination;''; and
(2) by adding at the end the following:
``In paragraph (2), the term `mediated instructional
activities' with respect to the performance or display of a
work by digital transmission under this section refers to
activities that use such work as an integral part of the class
experience, controlled by or under the actual supervision of
the instructor and analogous to the type of performance or
display that would take place in a live classroom setting. The
term does not refer to activities that use, in 1 or more class
sessions of a single course, such works as textbooks, course
packs, or other material in any media, copies or phonorecords
of which are typically purchased or acquired by the students in
higher education for their independent use and retention or are
typically purchased or acquired for elementary and secondary
students for their possession and independent use.
``For purposes of paragraph (2), accreditation--
``(A) with respect to an institution providing
post-secondary education, shall be as determined by a
regional or national accrediting agency recognized by
the Council on Higher Education Accreditation or the
United States Department of Education; and
``(B) with respect to an institution providing
elementary or secondary education, shall be as
recognized by the applicable state certification or
licensing procedures.
``For purposes of paragraph (2), no governmental body,
accredited nonprofit educational institution, or nonprofit
library shall be liable for infringement by reason of the
transient or temporary storage of material carried out through
the automatic technical process of a digital transmission of
the performance or display of that material as authorized under
paragraph (2). No such material stored on the system or network
controlled or operated by the transmitting body or institution
under this paragraph shall be maintained on such system or
network in a manner ordinarily accessible to anyone other than
anticipated recipients. No such copy shall be maintained on the
system or network in a manner ordinarily accessible to such
anticipated recipients for a longer period than is reasonably
necessary to facilitate the transmissions for which it was
made.''.
(b) Ephemeral Recordings.--
(1) In general.--Section 112 of title 17, United States
Code, is amended--
(A) by redesignating subsection (f) as subsection
(g); and
(B) by inserting after subsection (e) the
following:
``(f)(1) Notwithstanding the provisions of section 106, and without
limiting the application of subsection (b), it is not an infringement
of copyright for a governmental body, nonprofit educational
institution, or nonprofit library entitled under section 110(2) to
transmit a performance or display to make copies or phonorecords of a
work that is in digital form and, solely to the extent permitted in
paragraph (2), of a work that is in analog form, embodying the
performance or display to be used for making transmissions authorized
under section 110(2), if--
``(A) such copies or phonorecords are retained and used
solely by the body or institution that made them, and no
further copies or phonorecords are reproduced from them, except
as authorized under section 110(2); and
``(B) such copies or phonorecords are used solely for
transmissions authorized under section 110(2).
``(2) This subsection does not authorize the conversion of print or
other analog versions of works into digital formats, except that such
conversion is permitted hereunder, only with respect to the amount of
such works authorized to be performed or displayed under section
110(2), if--
``(A) no digital version of the work is available to the
institution; or
``(B) the digital version of the work that is available to
the institution is subject to technological protection measures
that prevent its use for section 110(2).''.
(2) Technical and conforming amendment.--Section 802(c) of
title 17, United States Code, is amended in the third sentence
by striking ``section 112(f)'' and inserting ``section
112(g)''. | Twenty-First Century Distance Learning Enhancement Act - Revises Federal copyright law to extend the exemption from infringement liability for instructional broadcasting to: (1) digital distance learning or distance education; and (2) nonprofit libraries (as well as governmental bodies and accredited nonprofit educational institutions, as at present). Excludes from such exemption (thus subjecting to infringement liability) any work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or a performance or display given by means of a copy or phonorecord that is not lawfully made and acquired, and the transmitting government body, accredited nonprofit educational institution, or nonprofit library knew or had reason to believe was not lawfully made and acquired. Allows under specified instructional conditions the performance and display of reasonable and limited portions of any copyrighted work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission.Exempts from infringement liability, under specified conditions, governmental bodies, accredited nonprofit educational institutions, and nonprofit libraries by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material.Extends the current ephemeral recording exemption, under specified conditions, to copies or phonorecords embodying a performance or display in digital and analog form for use in making transmissions authorized by this Act. | To amend chapter 1 of title 17, United States Code, relating to the exemption of certain performances or displays for educational uses from copyright infringement provisions, to provide that the making of copies or phonorecords of such performances or displays is not an infringement under certain circumstances, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Restoration Act''.
SEC. 2. AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998.
(a) In General.--Section 173(a) of the Workforce Investment Act of
1998 (29 U.S.C. 2918(a)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) to provide assistance to the Governor of any State
within the boundaries of an area that is the subject of a
Presidential determination that additional resources are
necessary to respond to an incident related to a spill of
national significance declared under the National Contingency
Plan provided for under section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9605) (`covered incident') by providing oil spill
relief employment in the area in accordance with subsection
(h).''.
(b) Oil Spill Relief Employment Assistance Requirements.--Section
173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) is amended
by adding at the end the following:
``(h) Oil Spill Relief Employment Assistance Requirements.--
``(1) In general.--Funds made available under subsection
(a)(5)--
``(A) shall be used to provide oil spill relief
employment on projects with respect to cleaning,
restoration, renovation, repair, and reconstruction
(including the construction of infrastructure to
facilitate ecosystem and habitat restoration,
protection, creation, enhancement and species
repopulation) of lands, marshes, waters, structures,
and facilities, located within an area of a covered
incident, as well as offshore areas related to such
incident, and projects that provide food, clothing,
shelter, and other humanitarian assistance to
individuals harmed by the covered incident;
``(B) shall be used to establish general cleanup
standards approved by the Secretary for the selection
of remedial actions for an area of a covered incident
(including offshore areas related to such incident);
``(C) may be expended through public and private
agencies and organizations engaged in projects
described in subparagraph (A);
``(D) may be expended to provide employment and
training activities;
``(E) may be expended to provide personal
protective equipment to workers engaged in oil spill
relief employment described in subparagraph (A);
``(F) may be used to increase the capacity of
States to make available the full range of services
authorized under this title and provide information (in
languages appropriate to the individuals served) about,
and access to, the variety of public and private
services available to individuals adversely affected by
the covered incident at one-stop centers described in
section 134(c) and other access points (including other
public facilities, mobile service delivery units, and
social services offices); and
``(G) may be used to provide temporary employment
by public sector entities, in addition to the oil spill
relief employment described in subparagraph (A).
``(2) Priority.--An individual shall be given priority
consideration for the oil spill relief employment described in
subsection (a)(5) if such individual--
``(A) is temporarily or permanently laid off as a
consequence of a covered incident with respect to which
such employment is being provided;
``(B) is a dislocated worker;
``(C) has been an unemployed individual for a
prolonged period; or
``(D) meets such other criteria as the Secretary
may establish.
``(3) Prevailing wages.--The Secretary shall require that
each State receiving support under subsection (a)(5) provide
reasonable assurance that all employees and contractors
employed in the performance of a project for which the support
is provided will be paid wages at rates not less than those
prevailing on similar work in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter
31 of part A of subtitle II of title 40, United States Code
(commonly referred to as the `Davis-Bacon Act').
``(4) Limitations on oil spill relief employment
assistance.--An individual shall be employed under subsection
(a)(5) in oil spill relief employment with respect to a covered
incident for a period of 6 months. Such period of employment
may be subject to an extension for a period determined by the
Secretary.
``(5) Reimbursement.--Each party responsible for a covered
incident under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et
seq.) shall, upon the demand of the Secretary of the Treasury,
reimburse the general fund of the Treasury for the costs
incurred by the United States under subsection (a)(5) with
respect to such incident, as well as the costs of the United
States in administering its responsibilities under subsection
(a)(5) with respect to such incident. If a responsible party
fails to pay a demand of the Secretary of the Treasury pursuant
to subsection (a)(5), the Secretary shall request the Attorney
General to bring a civil action against the responsible party
or a guarantor in an appropriate district court to recover the
amount of the demand, plus all costs incurred in obtaining
payment, including prejudgment interest, attorneys fees, and
any other administrative and adjudicative costs involved. Such
reimbursement shall be without regard to limits of liability
under the section 1004 of the Oil Pollution Act of 1990 (33
U.S.C. 2704).
``(6) Use of available funds.--Funds appropriated for
fiscal years 2009 and 2010 and remaining available for
obligation by the Secretary to provide any assistance
authorized under this section shall be available to assist
workers affected by a covered incident, including workers who
have relocated from areas in which a covered incident has been
declared. Under such conditions as the Secretary may approve,
any State may use funds that remain available for expenditure
under any grants awarded to the State under this section to
provide any assistance authorized under subsection (a)(5).
Funds used pursuant to the authority provided under this
paragraph shall be subject to the reimbursement requirements
described in paragraph (5).
``(7) Requirements for grant applications.--In order to
receive funds under subsection (a)(5), a State shall submit an
application at such time, in such manner, and containing such
information as the Secretary may require. Such application
shall include a detailed description of--
``(A) how the State will ensure the capacity of
one-stop centers described in section 134(c) and other
access points to--
``(i) provide affected individuals with
information, in languages appropriate to the
individuals served, about the range of
available services; and
``(ii) provide affected individuals with
access to the range of needed services;
``(B) how the State will prioritize individuals who
are temporarily or permanently laid off as a
consequence of the covered incident in the assignment
of temporary employment positions; and
``(C) any other supporting information the
Secretary may require.''.
(c) Effective Date.--The amendments made by this section shall take
effect immediately upon the date of the enactment of this section and
shall apply to all responsible parties under the Oil Pollution Act of
1990 (33 U.S.C. 2701 et seq.), including any party determined to be
liable under such Act for any incident that occurred prior to the date
of the enactment of the amendments made by this section.
SEC. 3. GULF COAST COMMUNITY CONSERVATION CORPS.
(a) Authority.--From the amounts appropriated to carry out this
section, the Corporation for National and Community Service (in this
section referred to as the ``Corporation''), pursuant to section 126(b)
and subtitle E of title I of the National and Community Service Act of
1990 (42 U.S.C. 12576(b)), shall carry out the activities authorized
under this section.
(b) Establishment.--
(1) In general.--There is established a Gulf Coast
Community Conservation Corps (in this section referred to as
the ``Gulf Coast CCC''), to be administered by the Corporation
directly, or by grant or contract, to carry out full- or part-
time service national service programs that provide oil spill
relief in accordance with subsection (d) in areas that are the
subjects of a Presidential determination that additional
resources are necessary to respond to a covered incident.
(2) Existing grants or contracts.--A grant or contract
awarded under paragraph (1) may be awarded to an entity with
which the Corporation has an existing grant or contract.
(c) Participants.--
(1) Eligibility.--To be eligible to participate in a
national service program carried out by the Gulf Coast CCC, an
individual--
(A) shall be participating in a national service
program under the national service laws; or
(B) shall be determined to be eligible in a manner
that is consistent with the determination of
eligibility under the national service laws.
(2) Benefits.--An individual selected to participate in a
national service program carried out by the Gulf Coast CCC
shall be eligible for any living allowances, educational
awards, and other support that are authorized for a participant
under the national service laws.
(3) Priority.--In selecting participants under paragraph
(1), priority shall be given to unemployed individuals between
the ages of 18 through 24.
(4) Training.--Training for participants serving in the
Gulf Coast CCC shall include an environmental education
component.
(d) Programs.--National service programs carried out by the Gulf
Coast CCC shall--
(1) include programs--
(A) involving the cleaning, restoration,
renovation, repair, and reconstruction (including the
construction of infrastructure to facilitate ecosystem
and habitat restoration, protection, creation,
enhancement and species repopulation), of lands,
marshes, waters, structures, and facilities located
within the area of the covered incident, as well as
offshore areas related to such incident; and
(B) providing food, clothing, shelter, and other
assistance to communities and individuals harmed by the
covered incident; and
(2) comply with the nonduplication and nondisplacement
provisions of section 177 of the National and Community Service
Act of 1990 (42 U.S.C. 12637).
(e) Educational Assistance.--From funds appropriated to carry out
this section, the Corporation may transfer funds to the National
Service Trust established under section 145 of the National and
Community Service Act of 1990 (42 U.S.C. 12601) to provide in-service
or post-service benefits to, or funds to otherwise support, individuals
participating in a national service program carried out by the Gulf
Coast CCC.
(f) Reimbursement.--Each party responsible for a covered incident
under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) shall,
upon the demand of the Secretary of the Treasury, reimburse the general
fund of the Treasury for the costs incurred by the United States under
this section with respect to such incident, as well as the costs of the
United States in administering its responsibilities under this section
with respect to such incident. If a responsible party fails to pay a
demand of the Secretary of the Treasury pursuant to this section, the
Secretary shall request the Attorney General to bring a civil action
against the responsible party or a guarantor in an appropriate district
court to recover the amount of the demand, plus all costs incurred in
obtaining payment, including prejudgment interest, attorneys fees, and
any other administrative and adjudicative costs involved. Such
reimbursement shall be without regard to limits of liability under the
section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704).
(g) Definitions.--In this section:
(1) In general.--The term ``national service laws'' has the
meaning given such term in section 101 of the National and
Community Service Act of 1990 (42 U.S.C. 12511).
(2) Covered incident.--The term ``covered incident'' means
an incident related to a spill of national significance
declared under the National Contingency Plan provided for under
section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
(3) Unemployed individual.--The term ``unemployed
individual'' has the meaning given such term in section 101 of
the Workforce Investment Act of 1998 (29 U.S.C. 2801). | Gulf Coast Restoration Act - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to award national emergency grants to a state to provide oil spill relief employment assistance for an area of the state that has been affected by an oil or hazardous substances spill of national significance (covered incident).
Makes assistance available to: (1) provide oil spill relief employment of unemployed or dislocated workers on projects to clean, restore, or reconstruct lands, marshes, waters, and structures located within an area of a covered incident, as well as for food, clothing, shelter and other humanitarian assistance to affected individuals; (2) establish cleanup standards; (3) provide employment and training of, and protective equipment to, workers; (4) increase a state's capacity to provide information about public and private services at one-stop centers and other access points to individuals adversely affected by a covered incident; and (5) provide temporary employment by public sector entities.
Requires the Secretary to require states receiving oil spill relief employment assistance to provide assurance that Davis-Bacon Act (locality pay) wages are paid to all employees and contractors who work on such projects.
Limits an individual's oil spill employment to six months, subject to extension for a period determined by the Secretary.
Establishes a Gulf Coast Community Conservation Corps (Gulf Coast CCC), administered by the Corporation for National and Community Service, to carry out national service programs that provide a covered incident area with oil spill relief specified in this Act.
Authorizes the Corporation to transfer funds from the National Service Trust Fund to provide in-service or post-service national service educational benefits to individuals participating in a Gulf Coast CCC national service program.
Requires parties responsible for a covered incident to reimburse the federal government for costs incurred in carrying out the activities authorized under this Act. | To amend the Workforce Investment Act of 1998 to provide oil spill relief employment, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Made in America Act of 2013''.
SEC. 2. AMERICA STAR PROGRAM.
(a) In General.--The Secretary shall establish a voluntary program,
to be known as the ``America Star Program'', under which manufacturers
may have products certified as meeting the standards of labels that
indicate to consumers the extent to which the products are manufactured
in the United States.
(b) Establishment of Labels.--
(1) In general.--The Secretary shall by rule establish such
America Star labels as the Secretary considers appropriate,
including the content of the labels and the standards that a
product shall meet in order to bear a particular America Star
label. The labels shall be consistent with public perceptions
of the meaning of descriptions of the extent to which a product
is manufactured in the United States.
(2) Goals.--The America Star labels shall be designed to
achieve the following goals:
(A) Providing clarity for consumers about the
extent to which products are manufactured in the United
States.
(B) Encouraging manufacturers to manufacture more
products in the United States.
(C) Highlighting the importance of domestic
manufacturing for the economy of the United States.
(c) Certification of Products.--
(1) Application procedures.--A manufacturer that wishes to
have a product certified as meeting the standards of an America
Star label may apply to the Secretary for certification in
accordance with such procedures as the Secretary shall by rule
establish.
(2) Action by secretary.--After receiving an application
for certification under paragraph (1), the Secretary shall, not
later than a reasonable time to be specified by the Secretary
by rule--
(A) determine whether the product meets the
standards of the label;
(B) if the product meets such standards, certify
the product; and
(C) notify the manufacturer of the determination
and whether the product has been certified.
(d) Monitoring; Withdrawal of Certification.--
(1) Monitoring.--The Secretary shall conduct such
monitoring and compliance review as the Secretary considers
necessary to--
(A) detect violations of subsection (h); and
(B) ensure that products certified as meeting the
standards of America Star labels continue to meet such
standards.
(2) Withdrawal of certification.--
(A) On initiative of secretary.--If the Secretary
determines that a product certified as meeting the
standards of an America Star label no longer meets such
standards, the Secretary shall--
(i) notify the manufacturer of the
determination and any corrective action that
would enable the product to meet such
standards; and
(ii) if the manufacturer does not take such
action within a reasonable time after receiving
notification under clause (i), to be specified
by the Secretary by rule, the Secretary shall
withdraw the certification of the product and
notify the manufacturer of the withdrawal.
(B) At request of manufacturer.--At the request of
the manufacturer of a product, the Secretary shall
withdraw the certification of the product and notify
the manufacturer of the withdrawal.
(e) Regulations.--
(1) In general.--The Secretary may promulgate such
regulations as are necessary to implement this section.
(2) Deadline.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall promulgate such
regulations as are necessary to begin certifying products under
the America Star Program.
(f) Administration by Contract.--The Secretary may enter into a
contract with a person under which such person carries out
certification determinations under subsection (c), monitoring
activities and withdrawal determinations under subsection (d),
collection of fees under subsection (k)(1) and the remission of such
fees to the Secretary (but not the establishment of the amounts of such
fees), and related administrative activities. For purposes of
subsections (h) and (j), such a determination, activity, or collection
by such person shall be considered to be an action of the Secretary.
(g) Consultation.--
(1) With federal trade commission.--In establishing the
America Star labels and operating the America Star Program, the
Secretary shall consult with the Federal Trade Commission to
ensure consistency with the requirements enforced by the
Commission with respect to representations of the extent to
which products are manufactured in the United States.
(2) With private-sector companies.--In establishing the
America Star labels and operating the America Star Program, the
Secretary should consult with private-sector companies that
have developed labeling programs to verify or certify to
consumers the extent to which products are manufactured in the
United States.
(h) Prohibited Conduct.--Unless there is in effect a certification
by the Secretary that a product meets the standards of an America Star
label, a person may not place such label on such product, use such
label in any marketing materials for such product, or in any other way
represent that such product meets or is certified as meeting the
standards of such label.
(i) Enforcement.--
(1) Civil penalty.--Any person who knowingly violates
subsection (h) shall be subject to a civil penalty of not more
than $10,000.
(2) Ineligibility.--
(A) In general.--Except as provided in subparagraph
(C), if the Secretary determines that a manufacturer--
(i) has made a false statement to the
Secretary in connection with the America Star
Program;
(ii) knowing, or having reason to know,
that a product does not meet the standards of
an America Star label, has placed such label on
such product, has used such label in any
marketing materials for such product, or in any
other way has represented that such product
meets or is certified as meeting the standards
of such label; or
(iii) has otherwise violated the purposes
of the America Star Program;
the Secretary may not, for a period of 5 years after
the conduct described in clause (i), (ii), or (iii),
certify the product to which such conduct relates as
meeting the standards of an America Star label.
(B) Effect on existing certification.--In the case
of a product with respect to which, at the time of the
determination of the Secretary under subparagraph (A),
there is in effect a certification by the Secretary
that the product meets the standards of an America Star
label--
(i) if the product continues to meet such
standards, the Secretary may either withdraw
the certification or allow the certification to
continue in effect, as the Secretary considers
appropriate; and
(ii) if the product no longer meets such
standards, the Secretary shall withdraw the
certification.
(C) Waiver.--Notwithstanding subparagraph (A), the
Secretary may waive or reduce the period referred to in
such subparagraph if the Secretary determines that the
waiver or reduction is in the best interests of the
America Star Program.
(3) False statements.--A false statement in connection with
the America Star Program to a person with whom the Secretary
contracts under subsection (f) shall be considered a false
statement to the Secretary for purposes of paragraph (2)(A)(i)
and section 1001 of title 18, United States Code.
(j) Administrative Appeal.--
(1) Expedited appeals procedure.--The Secretary shall
establish an expedited administrative appeals procedure under
which persons may appeal an action of the Secretary under this
section that--
(A) adversely affects such person; or
(B) is inconsistent with the America Star Program.
(2) Appeal of final decision.--A final decision of the
Secretary under paragraph (1) may be appealed to the United
States district court for the district in which the person is
located.
(k) Offsetting Collections.--
(1) In general.--The Secretary may collect reasonable fees
from--
(A) manufacturers that apply for certification of
products as meeting the standards of America Star
labels; and
(B) manufacturers of products for which such
certifications are in effect.
(2) Account.--The fees collected under paragraph (1) shall
be credited to the account that incurs the cost of the
certification services provided under this section.
(3) Use.--The fees collected under paragraph (1) shall be
available to the Secretary, without further appropriation or
fiscal-year limitation, to pay the expenses of the Secretary
incurred in providing certification services under this
section.
(l) Definitions.--In this section:
(1) America star label.--The term ``America Star label''
means a label described in subsection (a) and established by
the Secretary under subsection (b)(1).
(2) America star program.--The term ``America Star
Program'' means the voluntary labeling program established
under this section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce. | Made in America Act of 2013 - Directs the Secretary of Commerce to establish: (1) a voluntary America Star Program under which manufacturers may have products certified as meeting the standards of labels that indicate to consumers the extent to which the products are manufactured in the United States; and (2) such America Star labels, including the content of the labels and the standards that a product shall meet in order to bear a particular label. Requires the labels to be consistent with public perceptions of the meaning of descriptions of the extent to which a product is manufactured in the United States. Requires the Secretary, after receiving an application, to certify a product as meeting a label's standards, notify the manufacturer, conduct monitoring and compliance review to ensure that a product continues to meet such standards, notify a manufacturer of any corrective action needed, and withdraw certification of a product if such action is not taken. Provides for an expedited appeals procedure for actions that adversely affect a person. Prohibits a person from placing an America Star label on a product, using such label in marketing such product, or in any other way representing that such product meets the standards of such label unless a certification by the Secretary is in effect. Bars the Secretary from certifying the product for a five-year period after determining that a manufacturer has violated the purposes of the Program. | Made in America Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy for Schools Act''.
SEC. 2. GRANTS TO STATE EDUCATIONAL AGENCIES.
(a) Grants to State Educational Agencies.--From the amounts
appropriated under section 8, the Secretary of Education shall award
grants to State educational agencies for the purpose of awarding
subgrants to local educational agencies to assist public schools with
the increased costs of fuel for school buses and energy for public
school buildings in accordance with sections 5 and 6.
(b) Grant Application.--To receive a grant under subsection (a), a
State educational agency shall submit an application to the Secretary
in such form, manner, and containing such information as the Secretary
may require.
SEC. 3. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Subgrants to Local Educational Agencies.--
(1) In general.--A State educational agency that receives a
grant under section 2 shall award subgrants to local
educational agencies to assist public schools with the
increased costs of fuel for school buses and energy for public
school buildings in accordance with sections 5 and 6.
(2) Administrative costs.--A State educational agency that
receives a grant under section 2 shall use not more than 5
percent of such grant for the administrative costs of carrying
out the subgrant program.
(b) Subgrant Application.--To receive a subgrant under subsection
(a), a local educational agency shall submit an application to the
State educational agency serving such local educational agency in such
form, manner, and containing such information as such State educational
agency may require.
SEC. 4. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Grants to Local Educational Agencies.--From the amounts
appropriated under section 8, the Secretary shall award grants to local
educational agencies that did not receive a subgrant under section 3 to
assist public schools with the increased costs of fuel for school buses
and energy for public school buildings in accordance with sections 5
and 6.
(b) Application.--To receive a grant under subsection (a), a local
educational agency shall submit an application to the Secretary in such
form, manner, and containing such information as the Secretary may
require.
SEC. 5. USES OF FUNDS.
A local educational agency that receives a subgrant under section 3
or a grant under section 4, shall use such funds to assist public
schools within the jurisdiction of such local educational agency--
(1) to pay for the increase in the cost of fuel for school
buses that serve such public schools; and
(2) to pay for the increase in the cost of energy to heat,
to cool, or to provide electricity to the buildings of such
public schools.
SEC. 6. DISTRIBUTION OF FUNDS.
To the extent practicable, a local educational agency that receives
a subgrant under section 3 or a grant under section 4 shall distribute
the funds allotted to cover the increase in the cost of fuel for school
buses to the public schools within the jurisdiction of such local
educational agency proportionally, based on such local educational
agency's estimate of the total miles traveled by school buses that
serve such public schools.
SEC. 7. REGULATIONS.
The Secretary is authorized to prescribed regulations necessary to
implement this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
SEC. 9. DEFINITIONS.
In this Act:
(1) In general.--The terms ``local educational agency'' and
``State educational agency'' have the meanings given the terms
in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
(2) Increase in the cost of fuel for school buses.--The
phrase ``increase in the cost of fuel for school buses'' means
the amount of increase in the cost of fuel for school buses
from the date one calendar year prior to the date of the
enactment of this Act to the date of the enactment of this Act.
(3) Increase in the cost of energy.--The phrase ``increase
in the cost of energy'' means the amount of increase in energy
prices from the date one calendar year prior to the date of the
enactment of this Act to the date of the enactment of this Act.
(4) Public school.--The term ``public school'' has the
meaning given the term in section 5145 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7217d).
(5) School bus.--The term ``school bus'' means a bus or any
other vehicle used to transport students to and from their
homes to school, or to and from school-related activities and
events.
(6) Secretary.--The term ``Secretary'' means Secretary of
Education. | Energy for Schools Act - Directs the Secretary of Education to award grants to: (1) state educational agencies (SEAs) in order to award subgrants to local educational agencies (LEAs) to assist public schools with the increased costs of fuel for school buses and energy for public school buildings; and (2) LEAs that do not receive a subgrant from an SEA. | To award grants to assist public schools with the rising costs of fuel for school buses and energy for school buildings. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsibility in Drug and Device
Advertising Act of 2008''.
SEC. 2. DIRECT-TO-CONSUMER DRUG OR DEVICE ADVERTISING.
(a) In General.--The Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) is amended--
(1) in section 301, by adding at the end the following:
``(oo) The conduct of direct-to-consumer advertising of a drug or
device in violation of section 503C.''; and
(2) in chapter V, by inserting after section 503B the
following:
``SEC. 503C. DIRECT-TO-CONSUMER DRUG OR DEVICE ADVERTISING.
``(a) Prohibitions.--
``(1) First three years.--
``(A) In general.--Subject to subparagraph (B), no
person shall conduct direct-to-consumer advertising
of--
``(i) a drug for which an application is
submitted under section 505(b) before the end
of the 3-year period beginning on the date of
the approval of such application; or
``(ii) a class II or class III device for
which a premarket notification is submitted
under section 510(k) or a class III device for
which a premarket approval is sought under
section 515, before the end of the 3-year
period beginning on the date of the
notification or approval, respectively.
``(B) Waiver.--The Secretary may waive the
application of subparagraph (A) to a drug or device
during the third year of the 3-year period described in
such subparagraph if--
``(i) the sponsor of the drug or device
submits an application to the Secretary
pursuant to subparagraph (C); and
``(ii) the Secretary, after considering the
application and any accompanying materials,
determines that direct-to-consumer advertising
of the drug or device would have an affirmative
value to public health.
``(C) Application for waiver.--To seek a waiver
under subparagraph (B), the sponsor of a drug or device
shall submit an application to the Secretary at such
time, in such manner, and containing such information
as the Secretary may require.
``(2) Subsequent years.--
``(A) Extension of prohibition.--The Secretary may
prohibit direct-to-consumer advertising of a drug or a
class II or class III device during the period
beginning at the end of the 3-year period described in
paragraph (1)(A) if the Secretary determines that the
drug or device has significant adverse health effects
based on post-approval studies, risk-benefit analyses,
adverse event reports, the scientific literature, any
clinical or observational studies, or any other
appropriate resource.
``(B) Fair balance of benefits and risks for drugs
and devices for permitted dtc advertising.--Any direct-
to-consumer advertising of a drug or a class II or
class III device permitted under this section shall
include a fair balance, as supported by the evidence,
of the benefits and the risks associated with the drug
or device.
``(b) Regulations.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall revise the regulations
promulgated under this Act governing advertisements of drugs and
devices to the extent necessary to implement this section.
``(c) Rule of Construction.--This section shall not be construed to
diminish the authority of the Secretary to prohibit or regulate direct-
to-consumer advertising of drugs or devices under other provisions of
law.''.
(b) Effective Date.--The amendments made by subsection (a) apply
only with respect to a drug for which an application is approved under
section 505(b) of the Federal Food, Drug, and Cosmetic Act, a class II
or class III device for which a notification is submitted under section
510(k) of such Act, or a class III device for which an application is
approved under section 515 of such Act, on or after the date that is 1
year before the date of the enactment of this Act.
SEC. 3. PROMINENT DISPLAY OF INFORMATION IN ADVERTISING ON SIDE
EFFECTS, CONTRAINDICATIONS, AND EFFECTIVENESS.
(a) Requirement for Drugs.--
(1) In general.--Subparagraph (3) of section 502(n) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(n)) is
amended--
(A) by striking ``such other information'' and all
that follows through ``which shall be issued by'' and
inserting ``such other information in brief summary
relating to side effects, contraindications, and
effectiveness as shall be required in regulations which
shall require such information to be prominently
displayed in terms of font size and location and shall
be issued by'';
(B) by striking ``in the case of published direct-
to-consumer advertisements'' and inserting ``in the
case of direct-to-consumer advertisements (including an
advertisement that accompanies video programming
delivered by television broadcasting or by a
multichannel video programming distributor (as defined
in section 602 of the Communications Act of 1934))'';
and
(C) by striking ``published after the effective
date'' and inserting ``disseminated after the effective
date''.
(2) Discontinuance of study.--The Secretary of Health and
Human Services shall discontinue the study required by section
906(b) of the Food and Drug Administration Amendments Act of
2007 (Public Law 110-85).
(b) Application of Similar Rules for Devices.--The first sentence
of section 502(r) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 352(r)) is amended--
(1) by striking ``(1) a true statement'' and inserting ``a
true statement (1)'';
(2) by striking ``a brief statement''; and
(3) by inserting before the period at the end the
following: ``, and in the case of direct-to-consumer
advertisements (including an advertisement that accompanies
video programming delivered by television broadcasting or by a
multichannel video programming distributor (as defined in
section 602 of the Communications Act of 1934)) the following
statement printed in conspicuous text: `You are encouraged to
report negative side effects of medical devices to the FDA.
Visit www.fda.gov/medwatch, or call 1-800-FDA-1088.'''.
(c) Effective Date.--The amendments made by this section apply with
respect to any advertisement or other descriptive printed matter that
is issued or caused to be issued on or after the date that is 90 days
after the date of the enactment of this Act. Not later than 90 days
after the date of the enactment of this Act, the Secretary shall revise
any regulations promulgated pursuant to subsections (n) and (r) of
section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352)
to the extent necessary to implement this section.
SEC. 4. CIVIL PENALTY.
Subsection (g) of section 303 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333) is amended to read as follows:
``(g) Drug or Device Advertising and Promotion.--
``(1) Civil penalty.--
``(A) In general.--Any manufacturer, packer, or
distributor of a drug or device who violates section
505(n), section 503C, or any other requirement of this
Act relating to the advertising or promotion of the
drug or device shall be subject to a civil penalty in
an amount not to exceed--
``(i) in the case of the first such
violation by the manufacturer, packer, or
distributor relating to the drug or device,
$1,000,000; and
``(ii) in the case of each subsequent
violation by the manufacturer, packer, or
distributor relating to the drug or device, an
amount that is twice the amount of the maximum
civil penalty applicable under this
subparagraph to the previous violation.
``(B) Procedure.--Paragraphs (3) through (5) of
subsection (f) shall apply with respect to a civil
penalty under subparagraph (A) to the same extent and
in the same manner as those paragraphs apply with
respect to a civil penalty under paragraph (1), (2),
(3), or (4) of subsection (f).
``(2) Distribution of materials.--If the Secretary finds
that a person committed a violation described in paragraph
(1)(A), the Secretary may order the person to distribute
materials in the same markets in which the violative
advertisement or promotional material was distributed in a
manner designed to notify the public and the medical community
of the violation and to provide corrective information.
``(3) Separate offense.--For purposes of imposing a civil
penalty under this subsection, each violation described in
paragraph (1)(A), including each distribution of a direct-to-
consumer advertisement in violation of section 503C, shall
constitute a separate offense.
``(4) Relation to other penalties.--A civil penalty under
paragraph (1) and an order under paragraph (2) shall be in
addition to any other penalty applicable under this Act or
other law to the violation involved.''.
SEC. 5. PUBLIC EDUCATION CAMPAIGN ON RISKS OF CERTAIN DRUGS AND
DEVICES.
The Secretary of Health and Human Services shall conduct an
education campaign to increase public awareness of risks that, for some
patients, may outweigh the benefits of using a particular drug or
device, whether such risks are known at the time of the approval of the
drug or device or become known after the approval of the drug or
device.
SEC. 6. ADDITIONAL FUNDING FOR REGULATION OF DIRECT-TO-CONSUMER DRUG
AND DEVICE ADVERTISING.
There are authorized to be appropriated to the Food and Drug
Administration such sums as may be necessary for each of fiscal years
2009 and 2010 for the purpose of regulating direct-to-consumer drug and
device advertisements, including by carrying out the amendments made by
section 2. The authorization of appropriations in the preceding
sentence is in addition to any other authorization of appropriations
for such purpose. | Responsibility in Drug and Device Advertising Act of 2008 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit direct-to-consumer advertising in the first three years after approval of a new drug or device. Authorizes the Secretary of Health and Human Services to: (1) waive such prohibition if such advertising would have an affirmative value to public health; and (2) continue such prohibition in subsequent years if the drug or device has significant adverse health effects.
Requires any direct-to-consumer advertisement to include a fair balance of the benefits and risks associated with the drug or device.
Deems a drug to be misbranded if a direct-to-consumer television advertisement for such drug does not prominently display a statement encouraging individuals to report negative side effects of prescription drugs to the Food and Drug Administration (FDA). Requires the Secretary to discontinue the study designed to determine if such a statement is appropriate for television advertisements.
Deems a device to be misbranded if a direct-to-consumer television advertisement for such device does not include a statement encouraging individuals to report negative side effects of medical devices to the FDA.
Sets forth civil monetary penalties for violations relating to the advertising and promotion of a drug or device. Allows the Secretary to order the distribution of materials to notify the public and the medical community of such a violation and to provide corrective information.
Requires the Secretary to conduct an education campaign to increase public awareness of risks that, for some patients, may outweigh the benefits of using a particular drug or device.
Authorizes additional appropriations to regulate direct-to-consumer drug and device advertisements. | To amend the Federal Food, Drug, and Cosmetic Act with respect to drug and device advertising, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Return To Home Act of
1999''.
SEC. 2. ENSURING CHOICE FOR SKILLED NURSING FACILITY SERVICES UNDER THE
MEDICARE+CHOICE PROGRAM.
(a) In General.--Section 1852 of the Social Security Act (42 U.S.C.
1395w-22) is amended by adding at the end the following:
``(l) Ensuring Choice of Skilled Nursing Facility Services.--
``(1) Coverage of services provided at a snf located in
enrollee's continuing care retirement community or at a snf in
which enrollee previously resided.--Subject to paragraph (2), a
Medicare+Choice organization may not deny coverage for any
service provided to an enrollee of a Medicare+Choice plan
(offered by such organization) by--
``(A) a skilled nursing facility located within the
continuing care retirement community in which the
enrollee resided prior to being admitted to a hospital;
or
``(B) a skilled nursing facility in which the
enrollee resided immediately prior to being admitted to
a hospital.
The requirement described in the preceding sentence shall apply
whether or not the Medicare+Choice organization has a contract
with such skilled nursing facility to provide such services.
``(2) Required factors.--Paragraph (1) shall not apply
unless the following factors exist:
``(A) The Medicare+Choice organization would be
required to provide reimbursement for the service under
the Medicare+Choice plan in which the individual is
enrolled if the skilled nursing facility was under
contract with the Medicare+Choice organization.
``(B) The individual--
``(i) had a contractual or other right to
return, after hospitalization, to the
continuing care retirement community described
in paragraph (1)(A) or the skilled nursing
facility described in paragraph (1)(B); and
``(ii) elects to receive services from the
skilled nursing facility after the
hospitalization, whether or not, in the case of
a skilled nursing facility described in
paragraph (1)(A), the individual resided in
such facility before entering the hospital.
``(C) The skilled nursing facility has the capacity
to provide the services the individual requires.
``(D) The skilled nursing facility agrees to accept
substantially similar payment under the same terms and
conditions that apply to similarly situated skilled
nursing facilities that are under contract with the
Medicare+Choice organization.
``(3) Coverage of snf services to prevent
hospitalization.--A Medicare+Choice organization may not deny
payment for services provided to an enrollee of a
Medicare+Choice plan (offered by such organization) by a
skilled nursing facility in which the enrollee resides, without
a preceding hospital stay, regardless of whether the
Medicare+Choice organization has a contract with such facility
to provide such services, if--
``(A) the Medicare+Choice organization has
determined that the service is necessary to prevent the
hospitalization of the enrollee; and
``(B) the factors specified in subparagraphs (A),
(C), and (D) of paragraph (2) exist.
``(4) Coverage of services provided in snf where spouse
resides.--A Medicare+Choice organization may not deny payment
for services provided to an enrollee of a Medicare+Choice plan
(offered by such organization) by a skilled nursing facility in
which the enrollee resides, regardless of whether the
Medicare+Choice organization has a contract with such facility
to provide such services, if the spouse of the enrollee is a
resident of such facility and the factors specified in
subparagraphs (A), (C), and (D) of paragraph (2) exist.
``(5) Skilled nursing facility must meet medicare
participation requirements.--This subsection shall not apply
unless the skilled nursing facility involved meets all
applicable participation requirements under this title.
``(6) Prohibitions.--A Medicare+Choice organization
offering a Medicare+Choice plan may not--
``(A) deny to an individual eligibility, or
continued eligibility, to enroll or to renew coverage
under such plan, solely for the purpose of avoiding the
requirements of this subsection;
``(B) provide monetary payments or rebates to
enrollees to encourage such enrollees to accept less
than the minimum protections available under this
subsection;
``(C) penalize or otherwise reduce or limit the
reimbursement of a health care provider or organization
because such provider or organization provided services
to the individual in accordance with this subsection;
or
``(D) provide incentives (monetary or otherwise) to
a health care provider or organization to induce such
provider or organization to provide care to a
participant or beneficiary in a manner inconsistent
with this subsection.
``(7) Cost-sharing.--Nothing in this subsection shall be
construed as preventing a Medicare+Choice organization offering
a Medicare+Choice plan from imposing deductibles, coinsurance,
or other cost-sharing for services covered under this
subsection if such deductibles, coinsurance, or other cost-
sharing would have applied if the skilled nursing facility in
which the enrollee received such services was under contract
with the Medicare+Choice organization.
``(8) Nonpreemption of state law.--The provisions of this
subsection shall not be construed to preempt any provision of
State law that affords greater protections to beneficiaries
with regard to coverage of items and services provided by a
skilled nursing facility than is afforded by such provisions of
this subsection.
``(9) Definitions.--In this subsection:
``(A) Continuing care retirement community.--The
term `continuing care retirement community' means an
organization that provides or arranges for the
provision of housing and health-related services to an
older person under an agreement.
``(B) Skilled nursing facility.--The term `skilled
nursing facility' has the meaning given such term in
section 1819(a).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to contracts entered into or renewed on or after the
date of enactment of this Act. | Medicare Return To Home Act of 1999 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to prohibit a Medicare+Choice organization from denying coverage for services provided by a skilled nursing facility (SNF) in which the enrollee resided immediately before admission to a hospital, or located within the continuing care retirement community in which the enrollee resided immediately before admission to a hospital. | Medicare Return To Home Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Investor Protections
Enhancement Act of 2009''.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act, the following definitions shall
apply:
(1) Senior.--The term ``senior'' means an individual who is
62 years of age or older.
(2) Securities laws.--The term ``securities laws'' means
the Securities Act of 1933 (15 U.S.C. 77b et seq.), the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the
Investment Company Act of 1940 (15 U.S.C. 80a et seq.), and the
Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.).
(b) Application of Senior Definition.--
(1) Securities act of 1933.--Section 2(a) of the Securities
Act of 1933 (15 U.S.C. 77b(a)) is amended by adding at the end
the following:
``(17) The term `senior' means an individual who is 62
years of age or older.''.
(2) Securities exchange act of 1934.--Section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended
by adding at the end the following:
``(65) The term `senior' means an individual who is 62
years of age or older.''.
(3) Investment company act of 1940.--Section 2(a) of the
Investment Company Act of 1940 (15 U.S.C. 80a-2(a)) is amended
by adding at the end the following:
``(54) The term `senior' means an individual who is 62
years of age or older.''.
(4) Investment advisers act of 1940.--Section 202(a) of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) is amended
by adding at the end the following:
``(29) The term `senior' means an individual who is 62
years of age or older.''.
SEC. 3. ENHANCED PENALTIES FOR VIOLATIONS OF SECURITIES ACT OF 1933.
(a) Civil Actions.--Section 20(d)(2) of the Securities Act of 1933
(15 U.S.C. 77t(d)(2)) is amended by adding at the end the following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), if a person commits a
violation described in paragraph (1), and the violation
is directed toward, targets, or is committed against a
person who, at the time of the violation, is a senior,
the Commission, in addition to any other applicable
civil penalty, may impose a civil penalty of not more
than $50,000 for each such violation.''.
(b) Other Violations.--Section 24 of the Securities Act of 1933 (15
U.S.C. 77x) is amended--
(1) by inserting ``(a) In General.--'' before ``Any
person''; and
(2) by adding at the end the following:
``(b) Special Rule for Seniors.--Notwithstanding subsection (a), if
a person commits a violation described in subsection (a), and the
violation is directed toward, targets, or is committed against a person
who, at the time of the violation is a senior, the Commission, in
addition to any other applicable civil penalty, may impose a civil
penalty of not more than $50,000 for each such violation.''.
SEC. 4. ENHANCED PENALTIES FOR VIOLATIONS OF SECURITIES ACT OF 1934.
(a) Civil Actions.--Section 21(d)(3)(B) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by adding at the end
the following:
``(iv) Special rule for seniors.--
Notwithstanding clauses (i), (ii), and (iii),
if a person commits a violation described in
subparagraph (A), and the violation is directed
toward, targets, or is committed against a
person who, at the time of the violation, is a
senior, the Commission, in addition to any
other applicable civil penalty, may impose a
civil penalty of not more than $50,000 for each
such violation.''.
(b) Willful Violations.--Section 21B(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the end the
following:
``(4) Special rule for seniors.--Notwithstanding paragraphs
(1), (2), and (3), if a person engages in an act or omission
described in subsection (a), and the violation is directed
toward, targets, or is committed against a person who, at the
time of the violation, is a senior, the Commission, in addition
to any other applicable civil penalty, may impose a civil
penalty of not more than $50,000 for each such violation.''.
(c) Other Violations.--Section 32 of the Securities Exchange Act of
1934 (15 U.S.C. 78ff) is amended by adding at the end the following:
``(d) Special Rule for Seniors.--Notwithstanding subsections (a),
(b), and (c), if a person commits a violation described in this
section, and the violation is directed toward, targets, or is committed
against a person, who at the time of the violation, is a senior, the
Commission, in addition to any other applicable civil penalty, may
impose a civil penalty of not more than $50,000 for each such
violation.''.
SEC. 5. ENHANCED PENALTIES FOR VIOLATIONS OF INVESTMENT COMPANY ACT OF
1940.
(a) Willful Violations.--Section 9(d)(2) of the Investment Company
Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by adding at the end the
following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), if a person engages in
an act or omission described in paragraph (1), and the
violation is directed toward, targets, or is committed
against a person, who, at the time of the violation, is
a senior, the Commission, in addition to any other
applicable civil penalty, may impose a civil penalty of
not more than $50,000 for each such violation.''.
(b) Civil Actions.--Section 42(e)(2) of the Investment Company Act
of 1940 (15 U.S.C. 80a-41(e)(2)) is amended by adding at the end the
following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), if a person commits a
violation described in paragraph (1), and the violation
is directed toward, targets, or is committed against a
person who, at the time of the violation, is senior,
the Commission, in addition to any other applicable
civil penalty, may impose a civil penalty not more than
$50,000 for each such violation.''.
(c) Other Violations.--Section 49 of the Investment Company Act of
1940 (15 U.S.C. 80a-48) is amended--
(1) by inserting ``(a) In General.--'' before ``Any
person''; and
(2) by adding at the end the following:
``(b) Special Rule for Seniors.--Notwithstanding subsection (a), if
a person commits a violation described in subsection (a), and the
violation is directed toward, targets, or is committed against a person
who, at the time of the violation, is a senior, the Commission, in
addition to any other applicable civil penalty, may impose a civil
penalty of not more than $50,000 for each such violation.''.
SEC. 6. ENHANCED PENALTIES FOR VIOLATIONS OF INVESTMENT ADVISERS ACT OF
1940.
(a) Willful Violations.--Section 203(i)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by adding at
the end the following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), if a person engages in
an act or omission described in paragraph (1), and the
violation is directed toward, targets, or is committed
against a person who, at the time of the violation, is
a senior, the Commission, in addition to any other
applicable civil penalty, may impose a civil penalty of
not more than $50,000 for each such violation.''.
(b) Civil Actions.--Section 209(e)(2) of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by adding at the end the
following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), if a person commits a
violation under this title, and the violation is
directed toward, targets, or is committed against a
person who, at the time of the violation, is a senior,
the Commission, in addition to any other applicable
civil penalty, may impose a civil penalty of not more
than $50,000 for each such violation.''.
(c) Other Violations.--Section 217 of the Investment Advisers Act
of 1940 (15 U.S.C. 80b-17) is amended--
(1) by inserting ``(a) In General.--'' before ``Any
person''; and
(2) by adding at the end the following:
``(b) Special Rule for Seniors.--Notwithstanding subsection (a), if
a person commits a violation described in subsection (a), and the
violation is directed toward, targets, or is committed against a person
who, at the time of the violation, is a senior, the Commission, in
addition to any other applicable civil penalty, may impose a civil
penalty of not more than $50,000 for each such violation.''.
SEC. 7. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and amend the Federal
sentencing guidelines and policy statements to ensure that the
guideline offense levels and enhancements appropriately punish
violations of the securities laws against seniors.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) ensure that section 2B1.1 and 2C1.1 of the Federal
sentencing guidelines (and any successors thereto) apply to and
punish offenses in which the victim of a violation of the
securities laws is a senior;
(2) ensure reasonable consistency with other relevant
directives, provisions of the Federal sentencing guidelines,
and statutory provisions;
(3) make any necessary and conforming changes to the
Federal sentencing guidelines, in accordance with the
amendments made by this Act; and
(4) ensure that the Federal sentencing guidelines
adequately meet the purposes of sentencing set forth in section
3553(a)(2) of title 18, United States Code. | Senior Investor Protections Enhancement Act of 2009 - Amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to authorize the Securities and Exchange Commission (SEC) to impose, in addition to any other civil penalty, a maximum civil penalty of $50,000 for each violation that is directed toward, targets, or is committed against a person who at the time of the violation is age 62 or older.
Directs the United States Sentencing Commission to review and amend federal sentencing guidelines and policy statements to ensure that guideline offense levels and enhancements appropriately punish criminal violations of the securities laws against seniors. | To enhance penalties for violations of securities protections that involve targeting seniors. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Bank Access to Capital Act
of 2015''.
SEC. 2. SMALL BANK HOLDING COMPANY POLICY STATEMENT THRESHOLD.
(a) Asset Threshold.--Not later than the end of the 3-month period
beginning on the date of the enactment of this Act, the Board of
Governors of the Federal Reserve System shall revise the Small Bank
Holding Company Policy Statement on Assessment of Financial and
Managerial Factors (12 C.F.R. part 225, appendix C) to change the asset
threshold under such policy from ``less than $1,000,000,000'' (as set
by Public Law 113-250) to ``less than $5,000,000,000''.
(b) Conforming Amendment.--Section 171(b)(5)(C) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C.
5371(b)(5)(C)) is amended by striking ``$1,000,000,000'' and inserting
``$5,000,000,000''.
SEC. 3. BASEL III EXEMPTION FOR COMMUNITY BANKS.
(a) In General.--Not later than the end of the 3-month period
beginning on the date of the enactment of this Act, the Comptroller of
the Currency, the Board of Governors of the Federal Reserve System, and
the Federal Deposit Insurance Corporation shall issue regulations
exempting community banks from any regulation issued to implement the
``International regulatory framework for banks (Basel III)''.
(b) Capital Requirements Adjustment.--The Comptroller of the
Currency, the Board of Governors of the Federal Reserve System, and the
Federal Deposit Insurance Corporation shall make such revisions to
capital requirements as they determine necessary or appropriate in
light of the regulations required under subsection (a).
(c) Community Bank Defined.--For purposes of this section, the term
``community bank'' means an insured depository institution (as defined
under section 3 of the Federal Deposit Insurance Act) with consolidated
assets of $50,000,000,000 or less.
SEC. 4. INTERNAL CONTROL ATTESTATION REQUIREMENT EXEMPTIONS.
Section 404(c) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7262(c)) is amended--
(1) by striking ``that is neither'' and inserting the
following: ``that--
``(1) is neither'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following:
``(2) is an insured depository institution or a depository
institution holding company (as such terms are defined,
respectively, under section 3 of the Federal Deposit Insurance
Act), and has less than $1,000,000,000 in consolidated
assets.''.
SEC. 5. REGULATION D CHANGES.
The Securities and Exchange Commission--
(1) may not adjust--
(A) the $1,000,000 net worth threshold under
section 230.501(a)(5) of title 17, Code of Federal
Regulations; or
(B) the $200,000 and $300,000 income thresholds
under section 230.501(a)(6) of title 17, Code of
Federal Regulations; and
(2) shall, not later than the end of the 3-month period
beginning on the date of the enactment of this Act, revise
section 230.506(b)(2)(i) of title 17, Code of Federal
Regulations, to change the limitation on the number of
purchasers contained in such section from 35 to 70.
SEC. 6. SHAREHOLDER THRESHOLD TREATMENT OF SAVINGS AND LOAN HOLDING
COMPANIES.
(a) Amendments to Section 12 of the Securities Exchange Act of
1934.--Section 12(g) of the Securities Exchange Act of 1934 (15 U.S.C.
78l(g)) is amended--
(1) in paragraph (1)(B), by striking ``or a bank holding
company, as such term is defined in section 2 of the Bank
Holding Company Act of 1956 (12 U.S.C. 1841)'' and inserting
``, a bank holding company, or a savings and loan holding
company''; and
(2) in paragraph (4), by striking ``or a bank holding
company, as such term is defined in section 2 of the Bank
Holding Company Act of 1956 (12 U.S.C. 1841)'' and inserting
``, a bank holding company, or a savings and loan holding
company''.
(b) Amendments to Section 15 of the Securities Exchange Act of
1934.--Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78o(d)) is amended, in the third sentence, by striking ``or a bank
holding company, as such term is defined in section 2 of the Bank
Holding Company Act of 1956 (12 U.S.C. 1841), 1,200 persons persons''
and inserting ``, a bank holding company, or a savings and loan holding
company of less than 1,200 persons''.
(c) Definitions.--Section 3(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a)) is amended--
(1) by redesignating the second paragraph (80) (relating to
funding portals) as paragraph (81); and
(2) by adding at the end the following:
``(82) Bank holding company.--The term `bank holding
company' has the meaning given such term under section 2 of the
Bank Holding Company Act of 1956 (12 U.S.C. 1841).
``(83) Savings and loan holding company.--The term `savings
and loan holding company' has the meaning given such term under
section 10(a) of the Home Owners' Loan Act (12 U.S.C.
1467a(a)).''. | Community Bank Access to Capital Act of 2015 This bill directs the Board of Governors of the Federal Reserve System to increase the asset threshold under the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors from less than $1 billion to less than $5 billion. The Comptroller of the Currency, the Board, and the Federal Deposit Insurance Corporation (FDIC) shall exempt community banks from regulations implementing the International Regulatory Framework for Banks (Basel III), and, as they determine appropriate, to adjust the related capital requirements. A community bank is defined as one whose consolidated assets are $50 billion or less. The bill also exempts from the internal control attestation requirements of the Sarbanes-Oxley Act of 2002 both an insured depository institution and a depository institution holding company with consolidated assets of less than $1 billion. Savings and loan associations meeting specified asset and equity security holder criteria shall be subject to security registration requirements. The Securities and Exchange Commission (SEC) is prohibited from adjusting under Regulation D the $1 million net worth threshold and $200,000 and $300,000 income thresholds that define a natural person as an accredited investor. The SEC shall increase from 35 to 70 the number of purchasers of securities in transactions deemed not to involve a public offering and so are exempt from regulation under the Securities Exchange Act of 1933. The Securities Exchange Act of 1934 is amended to: (1) subject a savings and loan holding company to registration requirements for securities whose issuer has total assets exceeding $10 million and a class of non-exempt equity security held of record by 2,000 or more persons; and (2) apply the automatic termination of registration, and suspension of the duty to file supplementary and periodic information, to a savings and loan holding company whose securities are found to be held by less than 1,200 persons. | Community Bank Access to Capital Act of 2015 |
SECTION 1. IMPROVED RISK MANAGEMENT EDUCATION.
Title IV of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7621 et seq.) is amended by adding at the
end the following new section:
``SEC. 409. IMPROVED RISK MANAGEMENT EDUCATION FOR AGRICULTURAL
PRODUCERS.
``(a) Program Required.--The Secretary of Agriculture shall carry
out a program to improve the risk management skills of agricultural
producers, including the owners and operators of small farms, limited
resource producers, and other targeted audiences, to make informed risk
management decisions. The program is designed to assist producers to
develop the skills necessary--
``(1) to understand the financial health and capability of
the producer's operation to withstand price fluctuations,
adverse weather, environmental impacts, diseases, family
crises, and other risks;
``(2) to understand marketing alternatives, how various
commodity markets work, the use of crop insurance products, and
the price risk inherent in various markets; and
``(3) to understand legal, governmental, environmental, and
human resource issues that impact the producer's operation.
``(b) Coordinating Centers.--
``(1) Establishment and purpose.--The Secretary shall
establish a Risk Management Education Coordinating Center in
each of five regions of the United States to administer and
coordinate the provision of risk management education to
producers and their families under the program in that region.
``(2) Site selection.--The Secretary shall locate the
Center for a region at an existing risk management education
coordinating office of the Cooperative State Research,
Education, and Extension Service or at an appropriate
alternative land-grant college in the region approved by the
Cooperative State Research, Education, and Extension Service.
To be selected as the location for a Center, a land-grant
college must have the demonstrated capability and capacity to
carry out the program priorities, funding distribution, and
reporting requirements of the program.
``(c) Coordinating Council.--Each Center shall establish a
coordinating council to assist in establishing the funding and program
priorities for that region. The council shall consist of a minimum of
five members, including representatives from the following sources:
``(1) Public organizations.
``(2) Private organizations.
``(3) Agricultural producers.
``(4) The Regional Service Offices of the Risk Management
Agency in that region.
``(d) Center Activities.--
``(1) Instruction for risk management professionals.--Each
Center shall coordinate the offering of intensive risk
management instructional programs, involving classroom, distant
learning, and field training work, for professionals who work
with agricultural producers. These professionals include--
``(A) extension specialists;
``(B) county extension faculty;
``(C) private service providers; and
``(D) other individuals who are involved in
providing risk management education.
``(2) Education programs for producers.--Each Center shall
coordinate the provision of educational programs, including
workshops, short courses, seminars, and distant-learning
modules, to improve the risk management skills of agricultural
producers and their families.
``(3) Development and dissemination of materials.--Each
Center shall coordinate the efforts to develop new risk
management education materials and the dissemination of such
materials.
``(4) Coordination of resources.--Each Center shall make
use of available and emerging risk management information,
materials, and delivery systems, after careful evaluation of
the content and suitability of the information, materials, and
delivery systems for producers and their families. The Centers
shall use available expertise from land-grant colleges,
nongovernmental organizations, government agencies, and the
private sector to assist in conducting this evaluation.
``(e) Grants.--
``(1) Special grants.--Each Center shall reserve a portion
of the funds provided under this section to make special grants
to land-grant colleges and private entities in the region to
conduct one or more of the activities described in subsection
(d).
``(2) Competitive grants.--Each Center shall also reserve a
portion of the funds provided under this section to conduct a
competitive grant program to award grants to both public and
private entities that have a demonstrated capability to conduct
one or more of the activities described in subsection (d).
``(f) National Agriculture Risk Education Library.--The National
Agriculture Risk Education Library is a central focus for the
coordination and distribution of risk management educational materials.
The Library shall serve as a means for the electronic delivery of risk
management information and materials.
``(g) Funding Provisions.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated $30,000,000 for fiscal year 2001 and each
subsequent fiscal year to carry out this section.
``(2) Distribution.--Funds appropriated to carry out this
section for a fiscal year shall be equally distributed among
the Centers, except that 2.5 percent of such funds shall be
distributed to the National Agriculture Risk Education Library.
The land-grant college at which a Center is located shall be
responsible for administering and disbursing such funds, in
accordance with applicable State and Federal financial
guidelines, for activities authorized by this section.
``(3) Prohibition on construction.--Centers shall be
located in existing facilities. Funds provided under this
section to a Center or as a grant under subsection (e) may not
be used to carry out facility construction.
``(h) Evaluation.--The Secretary, acting through the Cooperative
State Research, Education, and Extension Service, shall evaluate the
activities of the Centers to determine whether the risk management
skills of agricultural producers and their families are improved as a
result of their participation in educational activities financed using
funds appropriated pursuant to the authorization of appropriations in
subsection (g).
``(i) Land-Grant College Defined.--In this section, the term `land-
grant college' means any 1862 Institution, 1890 Institution, or 1994
Institution.''. | Directs the Secretary to establish a Risk Management Education Coordinating Center in each of five designated regions, to be located at an existing risk management education coordinating office or a land-grant college. Directs each Center to: (1) establish a coordinating council; (2) coordinate instructional programs, information dissemination, and resources; and (3) reserve funds for special and competitive grants to land-grant colleges and private entities to conduct such activities States that the National Agriculture Risk Education Library shall serve as a means for the electronic delivery of risk management information and materials.
Authorizes appropriations.
Directs the Secretary, through the Cooperative State Research, Education, and Extension Service, to evaluate activities of the Centers. | To amend the Agricultural Research, Extension, and Education Reform Act of 1998 to establish an educational program to improve the risk management skills of agricultural producers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smoke-Free Environment Act of
1997''.
SEC. 2. SMOKE-FREE ENVIRONMENT POLICY.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXVIII--SMOKE-FREE ENVIRONMENTS
``SEC. 2801. SMOKE-FREE ENVIRONMENT POLICY.
``(a) Policy Required.--In order to protect children and adults
from cancer, respiratory disease, heart disease, and other adverse
health effects from breathing environmental tobacco smoke, the
responsible entity for each public facility shall adopt and implement
at such facility a smoke-free environment policy which meets the
requirements of subsection (b).
``(b) Elements of Policy.--Each smoke-free environment policy for a
public facility shall--
``(1) prohibit the smoking of cigarettes, cigars, and
pipes, and any other combustion of tobacco, within the facility
and on facility property within the immediate vicinity of the
entrance to the facility; and
``(2) post a clear and prominent notice of the smoking
prohibition in appropriate and visible locations at the public
facility.
The policy may provide an exception to the prohibition specified in
paragraph (1) for one or more specially designated smoking areas within
a public facility if such area or areas meet the requirements of
subsection (c).
``(c) Specially Designated Smoking Areas.--A specially designated
smoking area meets the requirements of this subsection if it satisfies
each of the following conditions:
``(1) The area is ventilated in accordance with
specifications promulgated by the Administrator that ensure
that air from the area is directly exhausted to the outside and
does not recirculate or drift to other areas within the public
facility.
``(2) Nonsmoking individuals do not have to enter the area
for any purpose.
``(3) Children under the age of 15 are prohibited from
entering the area.
``SEC. 2802. CITIZEN ACTIONS.
``(a) In General.--An action may be brought to enforce the
requirements of this title by any aggrieved person, any State or local
government agency, or the Administrator.
``(b) Venue.--Any action to enforce this title may be brought in
any United States district court for the district in which the
defendant resides or is doing business to enjoin any violation of this
title or to impose a civil penalty for any such violation in the amount
of not more than $5,000 per day of violation. The district courts shall
have jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce this title and to impose civil
penalties under this title.
``(c) Notice.--An aggrieved person shall give any alleged violator
notice of at least 60 days prior to commencing an action under this
section. No action may be commenced by an aggrieved person under this
section if such alleged violator complies with the requirements of this
title within such 60-day period and thereafter.
``(d) Costs.--The court, in issuing any final order in any action
brought pursuant to this section, may award costs of litigation
(including reasonable attorney and expert witness fees) to any
prevailing party, whenever the court determines such award is
appropriate.
``(e) Penalties.--The court in any action under this section to
apply civil penalties shall have discretion to order that such civil
penalties be used for projects that further the policies of this title.
The court shall obtain the view of the Administrator in exercising such
discretion and selecting any such projects.
``(f) Damages.--No damages of any kind, whether compensatory or
punitive, shall be awarded in actions brought pursuant to this title.
``(g) Isolated Incidents.--Violations of the prohibition specified
in section 2801(b)(1) by an individual within a public facility or on
facility property shall not be considered violations of this title on
the part of the responsible entity if such violations--
``(1) are isolated incidents that are not part of a pattern
of violations of such prohibition; and
``(2) are not authorized by the responsible entity.
``SEC. 2803. PREEMPTION.
``Nothing in this title shall preempt or otherwise affect any other
Federal, State or local law which provides protection from health
hazards from environmental tobacco smoke.
``SEC. 2804. REGULATIONS.
``The Administrator is authorized to promulgate such regulations as
the Administrator deems necessary to carry out this title.
``SEC. 2805. EFFECTIVE DATE.
``The requirements of this title shall take effect on the date that
is 1 year after the date of the enactment of the Smoke-Free Environment
Act of 1997.
``SEC. 2806. DEFINITIONS.
``In this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Public facility.--The term `public facility' means
any building regularly entered by 10 or more individuals at
least one day per week, including any such building owned by or
leased to a Federal, State, or local government entity. Such
term shall not include any building or portion thereof
regularly used for residential purposes.
``(3) Responsible entity.--The term `responsible entity'
means, with respect to any public facility, the owner of such
facility, except that in the case of any such facility or
portion thereof which is leased, such term means the lessee.''.
SEC. 3. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.
(a) In General.--Section 41706 of title 49, United States Code, is
amended to read as follows:
``Sec. 41706. Prohibitions against smoking on scheduled flights
``(a) Smoking Prohibition in Intrastate and Interstate Air
Transportation.--An individual may not smoke in an aircraft on a
scheduled airline flight segment in interstate air transportation or
intrastate air transportation.
``(b) Smoking Prohibition in Foreign Air Transportation.--The
Secretary of Transportation shall require all air carriers and foreign
air carriers to prohibit, on and after the 120th day following the date
of the enactment of the Smoke-Free Environment Act of 1997, smoking in
any aircraft on a scheduled airline flight segment within the United
States or between a place in the United States and a place outside the
United States.
``(c) Limitation on Applicability.--With respect to an aircraft
operated by a foreign air carrier, the smoking prohibitions contained
in subsections (a) and (b) shall apply only to the passenger cabin and
lavatory of the aircraft.
``(d) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the 60th day following the date of the enactment of this
Act. | Smoke-Free Environment Act of 1997 - Amends the Public Health Service Act to require the responsible entity for each public facility to prohibit smoking in the facility and on facility property in the immediate vicinity of the facility entrance. Allows designated smoking areas if: (1) the area is ventilated in accordance with certain specifications; (2) nonsmoking individuals do not have to enter the area for any purpose; and (3) children under 15 are prohibited from entering.
Allows an action to enforce this Act by any aggrieved person, any State or local government agency, or the Administrator of the Environmental Protection Agency. Allows injunctions and civil monetary penalties, but prohibits the award of damages of any kind.
Defines "public facility" as any building regularly entered by ten or more individuals at least one day per week, except for any building or portion thereof regularly used for residential purposes.
Amends Federal transportation law to prohibit smoking in an aircraft in scheduled interstate, intrastate, or foreign flights. | Smoke-Free Environment Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sweepstakes Toll-Free Option
Protection Act of 1999''.
SEC. 2. REQUIREMENTS OF PROMOTERS OF SKILL CONTESTS OR SWEEPSTAKES
MAILINGS.
(a) In General.--Chapter 30 of title 39, United States Code, is
amended by adding after section 3015 the following:
``Sec. 3016. Nonmailable skill contests or sweepstakes matter;
notification to prohibit mailings
``(a) Definitions.--In this section, the term--
``(1) `promoter' means any person who originates and causes
to be mailed any skill contest or sweepstakes;
``(2) `removal request form' means a written form stating
that an individual--
``(A) does not consent to the name and address of
such individual being included on any list used by a
promoter for mailing skill contests or sweepstakes; and
``(B) elects to have such name and address excluded
from any such list;
``(3) `skill contest' means a puzzle, game, competition, or
other contest in which--
``(A) a prize is awarded or offered;
``(B) the outcome depends predominately on the
skill of the contestant; and
``(C) a purchase, payment, or donation is required
or implied to be required to enter the contest; and
``(4) `sweepstakes' means a game of chance for which no
consideration is required to enter.
``(b) Nonmailable Matter.--
``(1) In general.--Matter otherwise legally acceptable in
the mails described under paragraph (2)--
``(A) is nonmailable matter;
``(B) shall not be carried or delivered by mail;
and
``(C) shall be disposed of as the Postal Service
directs.
``(2) Nonmailable matter described.--Matter that is
nonmailable matter referred to under paragraph (1) is any
matter that--
``(A) is a skill contest or sweepstakes; and
``(B) is addressed to an individual who made an
election to be excluded from lists under subsection
(e).
``(c) Requirements of Promoters.--
``(1) Notice to individuals.--Any promoter who mails a
skill contest or sweepstakes shall provide with each mailing a
clear and conspicuous statement that--
``(A) includes the address and toll-free telephone
number of the notification system established under
paragraph (2); and
``(B) states the system can be used to prohibit the
mailing of any skill contest or sweepstakes to such
individual.
``(2) Notification system.--Any promoter that mails a skill
contest or sweepstakes shall participate in the establishment
and maintenance of a uniform notification system that provides
for any individual (or other duly authorized person) to notify
the system of the individual's election to have the name and
address of the individual excluded from any list of names and
addresses used by any promoter to mail any skill contest or
sweepstakes; and
``(d) Notification System.--
``(1) Call to toll-free number.--If an individual contacts
the notification system through use of the toll-free telephone
number published under subsection (c)(2), the system shall--
``(A) inform the individual of the information
described under subsection (c)(1)(B);
``(B) inform the individual that a removal request
form shall be mailed within such 7 business days; and
``(C) inform the individual that the election to
prohibit mailings of skill contests or sweepstakes to
that individual shall take effect 30 business days
after receipt by the system of the signed removal
request form or other signed written request by the
individual.
``(2) Removal request form.--Upon request of the
individual, the system shall mail a removal request form to the
individual not later than 7 business days after the date of the
telephone communication. A removal request form shall contain--
``(A) a clear, concise statement to exclude a name
and address from the applicable mailing lists; and
``(B) no matter other than the form and the address
of the notification system.
``(e) Election To Be Excluded From Lists.--
``(1) In general.--An individual may elect to exclude the
name and address of such individual from all mailing lists used
by promoters of skill contests or sweepstakes by mailing a
removal request form to the notification system established under
subsection (c).
``(2) Response after mailing form to the notification
system.--Not later than 30 business days after receipt of a
removal request form, all promoters who maintain lists
containing the individual's name or address for purposes of
mailing skill contests or sweepstakes shall exclude such
individual's name and address from all such lists.
``(3) Effectiveness of election.--An election under
paragraph (1) shall--
``(A) be effective with respect to every promoter;
and
``(B) remain in effect, unless an individual
notifies the system in writing that such individual--
``(i) has changed the election; and
``(ii) elects to receive skill contest or
sweepstakes mailings.
``(f) Promoter Nonliability.--A promoter, or any other person
maintaining the notification system established under this section,
shall not have civil liability for the exclusion of an individual's
name or address from any mailing list maintained by a promoter for
mailing skill contests or sweepstakes, if--
``(1) a request for removal form is received by the
notification system; and
``(2) the promoter or person maintaining the system has a
good faith belief that the request is from--
``(A) the individual whose name and address is to
be excluded; or
``(B) another duly authorized person.
``(g) Prohibition on Commercial Use of Lists.--
``(1) In general.--
``(A) Prohibition.--No person may provide any
information (including the sale or rental of any name
or address) in a list described under subparagraph (B)
to another person for commercial use.
``(B) Lists.--A list referred to under subparagraph
(A) is any list of names and addresses (or other
related information) used, maintained, or created by
the system established by this Act.
``(2) Civil penalty.--Any person who violates paragraph (1)
shall be assessed a civil penalty by the Postal Service.
``(h) Civil Penalties.--
``(1) In general.--Any promoter--
``(A) who recklessly mails nonmailable matter in
violation of subsection (b) shall be liable to the
United States in an amount of $10,000 per violation for
each mailing of nonmailable matter; or
``(B) who fails to substantially comply with the
requirements of subsection (c)(2) shall be liable to
the United States.
``(2) Enforcement.--The Postal Service shall assess civil
penalties under this section.''.
(b) Technical and Conforming Amendments.--The table of sections for
chapter 30 of title 39, United States Code, is amended by adding after
the item relating to section 3015 the following:
``3016. Nonmailable skill contests or sweepstakes matter; notification
to prohibit mailings.''.
SEC. 3. STATE LAW NOT PREEMPTED.
Nothing in this Act shall be construed to preempt any provision of
State or local law.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect 1 year after the
date of enactment of this Act. | Requires any promoter who mails a skill contest or sweepstakes to: (1) provide with each mailing a clear and conspicuous statement that includes the address and toll-free telephone number of such notification system and states that it can be used to prohibit the mailing of any skill contest or sweepstakes to such individual; and (2) participate in the establishment and maintenance of a uniform notification system that provides for any individual or other duly authorized person to notify the system of the individual's election to have his or her name and address excluded from all lists of names and address used by that promoter to mail such material.
Prohibits the commercial use of any list of names and addresses used, maintained, or created by the system.
Establishes civil penalties for: (1) persons who violate the prohibition; and (2) promoters who recklessly mail such nonmailable matter or fail to comply substantially with the notification system requirements. | Sweepstakes Toll-Free Option Protection Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Superstorm Sandy Unemployment Relief
Act of 2013''.
SEC. 2. EXTENSION OF DISASTER UNEMPLOYMENT BENEFIT PERIOD.
(a) In General.--Notwithstanding the maximum time period for
assistance established under section 410(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177(a)), in
the case of an individual who is eligible to receive unemployment
assistance under that section 410(a) as a result of a disaster
declaration made by reason of Hurricane Sandy after October 20, 2012,
the President shall make such assistance available for 39 weeks after
the date of the disaster declaration.
(b) References.--References in this Act to ``Hurricane Sandy''
shall be deemed to include Tropical Storm Sandy, occurring in the Fall
of 2012.
SEC. 3. ASSISTANCE TO STATES.
(a) Payments to States.--
(1) In general.--Payments shall be made to a State in an
amount equal to 100 percent of the amount of unemployment
compensation paid under the provisions of the State law to
affected individuals in each State in which a major disaster
was declared with respect to that State or any area within that
State under the Robert T. Stafford Disaster Assistance Relief
and Emergency Assistance Act by reason of Hurricane Sandy in
2012.
(2) Funding and transfer of funds.--
(A) Funding.--There are appropriated, out of moneys
in the Treasury not otherwise obligated, such sums as
may be necessary for purposes of carrying out this
section, and such sums shall not be required to be
repaid.
(B) Transfers.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall transfer
from the General Fund of the Treasury to--
(i) the extended unemployment compensation
account (as established by section 905 of the
Social Security Act (42 U.S.C. 1105)) such sums
as the Secretary of Labor estimates to be
necessary to make payments to States for the
unemployment compensation identified in
paragraph (1); and
(ii) the employment security administration
account (as established by section 901 of the
Social Security Act (42 U.S.C. 1101)) such sums
as the Secretary of Labor estimates to be
necessary for purposes of assisting States in
meeting the costs of administering this
section.
(3) Terms of payments.--Payments made to a State under this
section shall be made by way of advance or reimbursement.
(4) Limitations on payments.--No payments shall be made to
a State under this section for unemployment compensation paid
by the State to an affected individual, if the State is
advanced or reimbursed for the costs of such unemployment
compensation under other provisions of Federal law.
(b) Applicability.--Payments to a State under subsection (a) shall
be available for unemployment compensation payable with respect to
weeks of unemployment--
(1) beginning on or after October 28, 2012; and
(2) ending on or before July 28, 2013.
(c) Definitions.--In this section, the following definitions shall
apply:
(1) State; state law.--The terms ``State'' and ``State
law'' have the meanings given those terms in section 205 of the
Federal-State Extended Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note).
(2) Affected individual.--The term ``affected individual''
means an individual eligible for unemployment compensation
under State law, whose unemployment is a direct result (as
described in section 625.5(c) of title 20, Code of Federal
Regulations) of the major disaster that was declared with
respect to that State or any area within that State under the
Robert T. Stafford Disaster Assistance Relief and Emergency
Assistance Act by reason of Hurricane Sandy in 2012.
(d) Sense of the Senate.--It is the sense of the Senate that--
(1) upon receiving a reimbursement or advance under this
section, a State should, if State law allows--
(A) reverse or waive any charges to employer
accounts related to unemployment compensation paid to
affected individuals for which the reimbursement or
advance is provided; or
(B) in the case of a State or local governmental
entity, non-profit organization, Indian tribe, or other
employer, which elected to reimburse the State for
unemployment compensation paid to affected individuals
in lieu of paying taxes based on charges to its
employer account, reimburse such employer for such
costs; and
(2) in the case of an affected individual in a State who,
in relation to their initial week of unemployment during the
applicable period under subsection (b), received a waiting
period credit instead of an unemployment compensation payment--
(A) the State, if State law allows, should provide
for retroactive payment of unemployment compensation
for such week; and
(B) the State may receive reimbursement under this
section for such retroactive payment.
SEC. 4. REGULATIONS.
The Secretary of Labor may prescribe any operating instructions or
regulations necessary to carry out this Act. | Superstorm Sandy Unemployment Relief Act of 2013 - Directs the President, in the case of an individual eligible to receive unemployment assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act as a result of the disaster declaration made for Hurricane Sandy after October 20, 2012, to make such assistance available for 39 weeks after the date of the declaration (currently limited to 26 weeks). Requires the payments to a state to equal 100% of the amount of unemployment compensation (UC) paid under state law to affected individuals in each affected state or any area within it. Makes payments available until July 28, 2013. Makes appropriations necessary to carry out this Act. Expresses the sense of the Senate that upon receiving a reimbursement or advance under this Act, a state should, if its law allows: reverse or waive any charges to employer accounts related to UC paid to affected individuals for which the reimbursement or advance is provided; or reimburse for such costs any state or local governmental entity, non-profit organization, Indian tribe, or other employer which elected to reimburse the state for UC paid to affected individuals in lieu of paying taxes based on charges to its employer account; and provide for retroactive payment of UC to affected individuals who received a waiting period credit instead of an UC payment in relation to their initial week of unemployment. Allows the state to receive reimbursement under this Act for any such retroactive payment. | Superstorm Sandy Unemployment Relief Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Procurement
Competition Act of 2001''.
SEC. 2. DEFINITION OF COVERED CONTRACTS.
Section 15(e)(4) of the Small Business Act (15 U.S.C. 644(e)(4)) is
amended--
(1) by inserting after ``bundled contract'' the following:
``, the aggregate dollar value of which is anticipated to be
less than $8,000,000, or any contract, whether or not the
contract is a bundled contract, the aggregate dollar value of
which is anticipated to be $8,000,000 or more'';
(2) by striking ``In the'' and inserting the following:
``(A) In general.--In the''; and
(3) by adding at the end the following:
``(B) Contracting goals.--
``(i) In general.--A contract award under
this paragraph to a team that is comprised
entirely of small business concerns shall be
counted toward the small business contracting
goals of the contracting agency, as required by
this Act.
``(ii) Preponderance test.--The ownership
of the small business that conducts the
preponderance of the work in a contract awarded
to a team described in clause (i) shall
determine the category or type of award for
purposes of meeting the contracting goals of
the contracting agency.''.
SEC. 3. PROPORTIONATE WORK REQUIREMENTS FOR BUNDLED CONTRACTS.
(a) Section 8.--Section 8(a)(14)(A) of the Small Business Act (15
U.S.C. 637(a)(14)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) notwithstanding clauses (i) and (ii), in the case
of a bundled contract--
``(I) the concern will perform work for at least 33
percent of the aggregate dollar value of the
anticipated award;
``(II) no other concern will perform a greater
proportion of the work on that contract; and
``(III) no other concern that is not a small
business concern will perform work on the contract.''.
(b) Qualified HUBZone Small Business Concerns.--Section
3(p)(5)(A)(i)(III) of the Small Business Act (15 U.S.C.
632(p)(5)(A)(i)(III)) is amended--
(1) in item (bb), by striking ``and'' at the end;
(2) by redesignating item (cc) as item (dd); and
(3) by inserting after item (bb) the following:
``(cc) notwithstanding
items (aa) and (bb), in the
case of a bundled contract, the
concern will perform work for
at least 33 percent of the
aggregate dollar value of the
anticipated award, no other
concern will perform a greater
proportion of the work on that
contract, and no other concern
that is not a small business
concern will perform work on
the contract; and''.
(c) Section 15.--Section 15(o)(1) of the Small Business Act (15
U.S.C. 644(o)(1)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) notwithstanding subparagraphs (A) and (B), in the
case of a bundled contract--
``(i) the concern will perform work for at least 33
percent of the aggregate dollar value of the
anticipated award;
``(ii) no other concern will perform a greater
proportion of the work on that contract; and
``(iii) no other concern that is not a small
business concern will perform work on the contract.''.
SEC. 4. SMALL BUSINESS PROCUREMENT COMPETITION PILOT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the term ``Federal agency'' has the same meaning as in
section 3 of the Small Business Act (15 U.S.C. 632);
(3) the term ``Program'' means the Small Business
Procurement Competition Program established under subsection
(b);
(4) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632); and
(5) the term ``small business-only joint ventures'' means a
team described in section 15(e)(4) of the Small Business Act
(15 U.S.C. 644(e)(4)) comprised of only small business
concerns.
(b) Establishment of Program.--The Administrator shall establish in
the Small Business Administration a pilot program to be known as the
``Small Business Procurement Competition Program''.
(c) Purposes of Program.--The purposes of the Program are--
(1) to encourage small business-only joint ventures to
compete for contract awards to fulfill the procurement needs of
Federal agencies;
(2) to facilitate the formation of joint ventures for
procurement purposes among small business concerns;
(3) to engage in outreach to small business-only joint
ventures for Federal agency procurement purposes; and
(4) to engage in outreach to the Director of the Office of
Small and Disadvantaged Business Utilization and the
procurement officer within each Federal agency.
(d) Outreach.--Under the Program, the Administrator shall establish
procedures to conduct outreach to small business concerns interested in
forming small business-only joint ventures for the purpose of
fulfilling procurement needs of Federal agencies, subject to the rules
of the Administrator, in consultation with the heads of those Federal
agencies.
(e) Regulatory Authority.--The Administrator shall promulgate such
regulations as may be necessary to carry out this section.
(f) Small Business Administration Database.--The Administrator
shall establish and maintain a permanent database that identifies small
business concerns interested in forming small business-only joint
ventures, and shall make the database available to each Federal agency
and to small business concerns in electronic form to facilitate the
formation of small business-only joint ventures.
(g) Termination of Program.--The Program (other than the database
established under subsection (f)) shall terminate 3 years after the
date of enactment of this Act.
(h) Report to Congress.--Not later than 60 days before the date of
termination of the Program, the Administrator shall submit a report to
Congress on the results of the Program, together with any
recommendations for improvements to the Program and its potential for
use Governmentwide.
(i) Relationship to Other Laws.--Nothing in this section waives or
modifies the applicability of any other provision of law to
procurements of any Federal agency in which small business-only joint
ventures may participate under the Program. | Small Business Procurement Competition Act of 2001 - Amends the Small Business Act with respect to the participation of small businesses as contractors and subcontractors under Federal procurement contracts to: (1) revise the definition of "bundled contract"; (2) allow contracts awarded to a team composed entirely of small businesses to be counted toward the small business contracting goals; and (3) require small businesses to perform a specified percentage of work under either a bundled contract or the HUBZone Program.Directs the Administrator of the Small Business Administration to establish the Small Business Procurement Competition Program for small business-only joint ventures to compete for Federal procurement contract awards. Requires the Administrator to establish and maintain a permanent database that identifies small businesses in forming such ventures and to make the database available to each Federal agency and to all small businesses. | A bill to amend the Small Business Act to promote the involvement of small business concerns and small business joint ventures in certain types of procurement contracts, to establish the Small Business Procurement Competition Program, and for other purposes. |
SECTION 1. INVESTIGATIONS BY THE FEDERAL ENERGY REGULATORY COMMISSION
UNDER THE NATURAL GAS ACT AND FEDERAL POWER ACT.
(a) Investigations Under the Natural Gas Act.--Section 14(c) of the
Natural Gas Act (15 U.S.C. 717m(c)) is amended--
(1) by striking ``(c) For the purpose of'' and inserting
the following:
``(c) Taking of Evidence.--
``(1) In general.--For the purpose of'';
(2) by striking ``Such attendance'' and inserting the
following:
``(2) No geographic limitation.--The attendance'';
(3) by striking ``Witnesses summoned'' and inserting the
following:
``(3) Expenses.--Any witness summoned''; and
(4) by adding at the end the following:
``(4) Exclusive authority.--Notwithstanding any other
provision of law, the exercise of the authorities of the
Commission under this subsection shall not be subject to the
consent of the Office of Management and Budget or any other
Federal agency.''.
(a) Investigations Under the Federal Power Act.--Section 307(b) of
the Federal Power Act (16 U.S.C. 825f(b)) is amended--
(1) by striking ``(b) For the purpose of'' and inserting
the following:
``(b) Taking of Evidence.--
``(1) In general.--For the purpose of'';
(2) by striking ``Such attendance'' and inserting the
following:
``(2) No geographic limitation.--The attendance'';
(3) by striking ``Witnesses summoned'' and inserting the
following:
``(3) Expenses.--Any witness summoned''; and
(4) by adding at the end the following:
``(4) Exclusive authority.--Notwithstanding any other
provision of law, the exercise of the authorities of the
Commission under this subsection shall not be subject to the
consent of the Office of Management and Budget or any other
Federal agency.''.
SEC. 2. INCREASE IN CRIMINAL PENALTIES UNDER THE NATURAL GAS ACT AND
FEDERAL POWER ACT.
(a) Criminal Penalties Under the Natural Gas Act.--Section 21 of
the Natural Gas Act (15 U.S.C. 717t) is amended--
(1) in subsection (a), by striking ``punished by a fine of
not more than $5,000 or by imprisonment for not more than two
years, or both'' and inserting ``imprisoned not more than 5
years, fined not more than $1,000,000, or both''; and
(2) in subsection (b), by striking ``$500 for each and
every day during which such offense occurs'' and inserting
``$50,000 for each day of each violation''.
(b) Criminal Penalties Under the Federal Power Act.--
(1) General Penalties.--Section 316 of the Federal Power
Act (16 U.S.C. 825o) is amended--
(A) in subsection (a), by striking ``punished by a
fine of not more than $5,000 or by imprisonment for not
more than two years or both'' and inserting
``imprisoned not more than 5 years, fined not more than
$1,000,000, or both''; and
(B) in subsection (b), by striking ``$500 for each
and every day during which such offense occurs'' and
inserting ``$50,000 for each day of each violation''.
(2) Enforcement of certain provisions.--Section 316A of the
Federal Power Act (16 U.S.C. 825o-1) is amended--
(A) by striking subsection (a) and inserting the
following:
``(a) Violations.--It shall be unlawful for any person--
``(1) to violate any provision of part II (including any
rule or order issued under a provision of that part); or
``(2) to fail to comply, within a time period specified by
the Commission, with--
``(A) any written request by the Commission or a
member of the staff of the Commission for information;
or
``(B) a formal investigation or proceeding under
this part.''; and
(B) in subsection (b)--
(i) by striking ``section 211, 212, 213 or
214 or any provision of any rule or order
thereunder'' and inserting the following:
``part II (including any rule or order issued
under a provision of that part) or fails to
comply in a timely manner with any written
request for information by the Commission or a
member of the staff of the Commission or in a
formal investigation or proceeding under this
part''; and
(ii) by striking ``$10,000 for each day
that such violation continues'' and inserting
``$50,000 for each day of each violation''.
SEC. 3. CONSULTING SERVICES.
Title IV of the Department of Energy Organization Act (42 U.S.C.
7171 et seq.) is amended by adding at the end the following:
``SEC. 408. CONSULTING SERVICES.
``(a) In General.--The Chairman may contract for the services of
consultants to assist the Commission in carrying out any
responsibilities of the Commission under this Act, the Federal Power
Act (16 U.S.C. 791a et seq.), or the Natural Gas Act (15 U.S.C. 717 et
seq.).
``(b) Applicable Law.--In contracting for consultant services under
subsection (a), if the Chairman determines that the contract is in the
public interest, the Chairman, in entering into a contract, shall not
be subject to--
``(1) section 5, 253, 253a, or 253b of title 41, United
States Code; or
``(2) any law (including a regulation) relating to
conflicts of interest.''. | Amends the Natural Gas Act and the Federal Power Act to: (1) provide that the Federal Energy Regulatory Commission (FERC) is not subject to the consent of the Office of Management and Budget or any other Federal agency when it elects to exercise its investigative authority; and (2) increase criminal penalties for violations of these Acts.Amends the Department of Energy Organization Act to authorize the Chairman of FERC to contract for consultant services to assist the Commission in carrying out its responsibilities.States that in contracting for those services the Chairman shall not be subject to any law relating to conflicts of interest. | A bill to modify the authority of the Federal Energy Regulatory Commission to conduct investigations, to increase the criminal penalties for violations of the Federal Power Act and the Natural Gas Act, and to authorize the Chairman of the Federal Energy Regulatory Commission to contract for consultant services. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beaches Environmental Assessment,
Closure, and Health Act of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Nation's beaches are a valuable public resource
used for recreation by millions of people annually;
(2) the beaches of coastal States are hosts to many out-of-
State and international visitors;
(3) tourism in the coastal zone generates billions of
dollars annually;
(4) increased population has contributed to the decline in
the environmental quality of coastal waters;
(5) pollution in coastal waters is not restricted by State
and other political boundaries;
(6) coastal States have different methods of testing the
quality of coastal recreation waters, providing varying degrees
of protection to the public;
(7) the adoption of consistent criteria by coastal States
for monitoring the quality of coastal recreation waters, and
the posting of signs at beaches notifying the public during
periods when the standards are exceeded, would enhance public
health and safety; and
(8) while the adoption of such criteria will enhance public
health and safety, exceedances of such criteria should be
addressed, where feasible, as part of a watershed approach to
effectively identify and eliminate sources of pollution.
(b) Purpose.--The purpose of this Act is to require uniform
criteria and procedures for testing, monitoring, and posting of coastal
recreation waters at beaches open for use by the public to protect
public safety and improve environmental quality.
SEC. 3. ADOPTION OF COASTAL RECREATIONAL WATER QUALITY CRITERIA BY
STATES.
(a) General Rule.--A State shall adopt water quality criteria for
coastal recreation waters which, at a minimum, are consistent with the
criteria published by the Administrator under section 304(a)(1) of the
Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)) not later
than 3\1/2\ years following the date of the enactment of this Act. Such
water quality criteria shall be developed and promulgated in accordance
with the requirements of section 303(c) of the Federal Water Pollution
Control Act (33 U.S.C. 1313(c)). A State shall incorporate such
criteria into all appropriate programs into which such State would
incorporate other water quality criteria adopted under such section
303(c) and revise such criteria not later than 3 years following the
date of publication of revisions by the Administrator under section
4(b) of this Act.
(b) Failure of States To Adopt.--If a State has not complied with
subsection (a) by the last day of the 3\1/2\-year period beginning on
the date of the enactment of this Act, the water quality criteria
issued by the Administrator under section 304(a)(1) of the Federal
Water Pollution Control Act shall become applicable as the water
quality criteria for coastal recreational waters for the State, and
shall be deemed to have been promulgated by the Administrator pursuant
to section 303(c)(4).
SEC. 4. REVISIONS TO WATER QUALITY CRITERIA.
(a) Studies.--After consultation with appropriate Federal, State,
and local officials, including local health officials, and other
interested persons, but not later than the last day of the 3-year
period beginning on the date of the enactment of this Act, the
Administrator shall conduct, in cooperation with the Under Secretary of
Commerce for Oceans and Atmosphere, studies to provide additional
information to the current base of knowledge for use in developing--
(1) a more complete list of potential health risks,
including effects to the upper respiratory system;
(2) better indicators for directly detecting or predicting
in coastal recreational waters the presence of pathogens which
are harmful to human health; and
(3) more expeditious methods (including predictive models)
for detecting in coastal recreation waters the presence of
pathogens which are harmful to human health.
(b) Revised Criteria.--Based on the results of the studies
conducted under subsection (a), the Administrator, after consultation
with appropriate Federal, State, and local officials, including local
health officials, shall issue, within 5 years after the date of the
enactment of this Act (and review and revise from time to time
thereafter, but in no event less than once every 5 years) revised water
quality criteria for pathogens in coastal recreation waters that are
harmful to human health, including a revised list of indicators and
testing methods.
SEC. 5. COASTAL BEACH WATER QUALITY MONITORING.
Title IV of the Federal Water Pollution Control Act (33 U.S.C.
1341-1345) is amended by adding at the end thereof the following new
section:
``SEC. 406. COASTAL BEACH WATER QUALITY MONITORING.
``(a) Monitoring.--Within 18 months after the date of enactment of
this section, the Administrator shall publish and revise regulations
requiring monitoring of, and specifying available methods to be used by
States to monitor, coastal recreation waters at beaches open for use by
the public for compliance with applicable water quality criteria for
those waters and protection of the public safety. Monitoring
requirements established pursuant to this subsection shall, at a
minimum--
``(1) specify the frequency of monitoring based on the
periods of recreational use of such waters;
``(2) specify the frequency of monitoring based on the
extent and degree of use during such periods;
``(3) specify the frequency and location of monitoring
based on the proximity of coastal recreation waters to known or
identified point and nonpoint sources of pollution and in
relation to storm events;
``(4) specify methods for detecting levels of pathogens
that are harmful to human health and for identifying short-term
increases in pathogens that are harmful to human health in
coastal recreation waters, including in relation to storm
events; and
``(5) specify the conditions and procedures under which
discrete areas of coastal recreation waters may be exempted by
the Administrator from the monitoring requirements of this
subsection, if the Administrator determines that an exemption
will not impair--
``(A) compliance with the applicable water quality
criteria for those waters; and
``(B) protection of the public safety.
``(b) Notification Requirements.--Regulations published pursuant to
subsection (a) shall require States to provide prompt notification to
local governments and the public of exceedance of applicable water
quality criteria for State coastal recreation waters or the immediate
likelihood of such an exceedance. Notification pursuant to this
subsection shall include, at a minimum--
``(1) prompt communication of the occurrence, nature, and
extent of such an exceedance, or the immediate likelihood of
such an exceedance based on predictive models to a designated
official of a local government having jurisdiction over land
adjoining the coastal recreation waters for which an exceedance
is identified; and
``(2) posting of signs for the period during which the
exceedance continues, sufficient to give notice to the public
of an exceedance of applicable water quality criteria for such
waters and the potential risks associated with water contact
activities in such waters.
``(c) Floatable Materials Monitoring Procedures.--The Administrator
shall--
``(1) issue guidance on uniform assessment and monitoring
procedures for floatable materials in coastal recreation
waters; and
``(2) specify the conditions under which the presence of
floatable material shall constitute a threat to public health
and safety.
``(d) State Implementation.--A State must implement a monitoring
program that conforms to the regulations issued pursuant to subsection
(a) not later than 3\1/2\ years after the date of the enactment of this
section and revise such program not later than 2 years following the
date of publication of revisions by the Administrator under subsection
(f).
``(e) Delegation of Responsibility.--Not later than 18 months after
the date of the enactment of this section, the Administrator shall
issue guidance establishing core performance measures for testing,
monitoring and posting programs and the delegation of such programs
under this section to local government authorities. In the case that
such responsibilities are delegated by a State to a local government
authority, or have been delegated to a local government authority
before such date of enactment, in a manner that, at a minimum, is
consistent with the guidance issued by the Administrator, State
resources shall be made available to the delegated authority for the
purpose of program implementation.
``(f) Review and Revision of Regulations.--The Administrator shall
review and revise regulations published pursuant to this section
periodically, but in no event less than once every 5 years.
``(g) Definitions.--In this section, the following definitions
apply:
``(1) Coastal recreation waters.--The term `coastal
recreation waters' means Great Lakes and marine coastal waters
(including bays) used by the public for swimming, bathing,
surfing, or other similar water contact activities.
``(2) Floatable materials.--The term `floatable materials'
means any foreign matter that may float or remain suspended in
the water column and includes plastic, aluminum cans, wood,
bottles, and paper products.''.
SEC. 6. REPORT TO CONGRESS.
Not later than 4 years after the date of the enactment of this Act,
and periodically thereafter, the Administrator shall submit to Congress
a report including--
(1) recommendations concerning the need for additional
water quality criteria and other actions needed to improve the
quality of coastal recreation waters; and
(2) an evaluation of State efforts to implement this Act,
including the amendments made by this Act.
SEC. 7. GRANTS TO STATES.
(a) Grants.--Subject to subsection (c), the Administrator may make
grants to States for use in fulfilling requirements established
pursuant to section 3 of this Act and section 406 of the Federal Water
Pollution Control Act.
(b) Cost Sharing.--The total amount of grants to a State under this
section for a fiscal year shall not exceed 50 percent of the cost to
the State of implementing requirements established pursuant to section
3 of this Act and section 406 of the Federal Water Pollution Control
Act.
(c) Eligible State.--After the last day of the 3\1/2\-year period
beginning on the date of the enactment of this Act, the Administrator
may make a grant to a State under this section only if the State
demonstrates to the satisfaction of the Administrator that it is
implementing its monitoring and posting program under section 406 of
the Federal Water Pollution Control Act.
SEC. 8. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Coastal recreation waters.--The term ``coastal
recreation waters'' means Great Lakes and marine coastal waters
(including bays) used by the public for swimming, bathing,
surfing, or other similar body contact purposes.
(3) Floatable materials.--The term ``floatable materials''
means any foreign matter that may float or remain suspended in
the water column and includes plastic, aluminum cans, wood,
bottles, and paper products.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator--
(1) for use in making grants to States under section 7 not
more than $4,500,000 for each of the fiscal years 1998 through
2002; and
(2) for carrying out the other provisions of this Act not
more than $1,500,000 for each of the fiscal years 1998 through
2002. | Beaches Environmental Assessment, Closure, and Health Act of 1997 - Requires States to adopt water quality criteria for coastal recreation waters consistent with those published by the Administrator of the Environmental Protection Agency under the Federal Water Pollution Control Act.
Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks; and (2) better indicators and more expeditious methods for detecting or predicting the presence of pathogens in coastal recreational waters. Requires the Administrator to issue revised water quality criteria for pathogens in such waters that are harmful to human health.
Amends the Federal Water Pollution Control Act to direct the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters at public beaches for compliance with water quality criteria and protection of public safety. Requires notification of local governments and the public of exceedances, or the likelihood of exceedances, of water quality criteria for such waters.
Directs the Administrator to: (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in such waters; and (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety.
Requires the Administrator to issue guidance establishing core performance measures for testing, monitoring, and posting programs and for the delegation of such programs to local government authorities. Makes State resources available to such authorities if the programs are so delegated.
Authorizes the Administrator to make grants to States to fulfill requirements under this Act.
Authorizes appropriations. | Beaches Environmental Assessment, Closure, and Health Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American History and Civics
Education Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) American history and civics.--The term ``American
history and civics'' means the key events, key persons, key
ideas, and key documents that shaped the institutions and
democratic heritage of the United States of America.
(2) Chairman.--The term ``Chairman'' means the Chairman of
the National Endowment for the Humanities.
(3) Educational institution.--The term ``educational
institution''--
(A) means--
(i) an institution of higher education;
(ii) an educational institution created by
a legislative act of a State for the express
purpose of teaching American history and civics
to elementary school and secondary school
students; or
(iii) a nonprofit educational institution,
library, or research center; and
(B) includes a consortium of entities described in
subparagraph (A).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) Key documents.--The term ``key documents'' means the
documents that established or explained the foundational
principles of democracy in the United States, including the
United States Constitution and the amendments to the
Constitution (particularly the Bill of Rights), the Declaration
of Independence, the Federalist Papers, and the Emancipation
Proclamation.
(6) Key events.--The term ``key events'' means the critical
turning points in the history of the United States (including
the encounter of Native Americans with European settlers, the
American Revolution, the Civil War, the world wars of the
twentieth century, the civil rights movement, and the major
court decisions, legislation, literature, and the arts) that
established democracy and extended its promise in American
life.
(7) Key ideas.--The term ``key ideas'' means the ideas that
shaped the democratic institutions and heritage of the United
States, including the notions of liberty, equal opportunity,
individualism, laissez faire, the rule of law, federalism and e
pluribus unum, the free exercise of religion, the separation of
church and state, and a belief in progress.
(8) Key persons.--The term ``key persons'' means the men
and women who led the United States as Founding Fathers, Native
American leaders, elected officials, scientists, inventors,
pioneers, advocates of equal rights, entrepreneurs, and
artists.
(9) State.--The term ``State'' means each of the 50 States
and the District of Columbia.
(10) Teachers of american history and civics.--The term
``teachers of American history and civics'' means kindergarten
through grade 12 teachers who teach American history,
government, or civics, or who incorporate such subjects into
their teaching.
SEC. 3. PRESIDENTIAL ACADEMIES FOR TEACHING OF AMERICAN HISTORY AND
CIVICS.
(a) Establishment.--From amounts appropriated under subsection (j),
the National Endowment for the Humanities shall award grants, on a
competitive basis, to educational institutions to establish
Presidential Academies for Teaching of American History and Civics (in
this section referred to as ``Academies'') that shall offer workshops
for teachers of American history and civics--
(1) to strengthen such teachers' knowledge of the subjects
of American history and civics; and
(2) to learn how better to teach such subjects.
(b) Application.--
(1) In general.--An educational institution that desires to
receive a grant under this section shall submit an application
to the National Endowment for the Humanities at such time, in
such manner, and containing such information as the National
Endowment for the Humanities may require.
(2) Contents.--An application submitted under paragraph (1)
shall--
(A) include the criteria that will be used to
determine which teachers will be selected to attend
workshops offered by the Academy;
(B) identify the individual the educational
institution intends to appoint to be the primary
scholar at the Academy;
(C) include a description of the curriculum to be
used at workshops offered by the Academy; and
(D) provide an assurance that the recruitment plan
for which teachers will be selected to attend workshops
offered by the Academy will include teachers from
schools receiving assistance under part A of title I of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.), particularly those schools with
high concentrations of students described in section
1124(c) of such Act.
(c) Number of Grants.--The National Endowment for the Humanities
shall award not more than 12 grants to different educational
institutions under this section.
(d) Distribution.--The Chairman shall encourage equitable
distribution of grants under this section among the geographical
regions of the United States.
(e) Grant Terms.--Grants awarded under this section shall be for a
term of 2 years.
(f) Use of Funds.--
(1) Workshops.--
(A) In general.--An educational institution that
receives a grant under this section shall establish an
Academy that shall offer a workshop during the summer,
or during another appropriate time, for teachers of
American history and civics--
(i) to strengthen such teachers' knowledge
of the subjects of American history and civics;
and
(ii) to learn how better to teach such
subjects.
(B) Duration of workshop.--A workshop offered
pursuant to this section shall be approximately 2 weeks
in duration.
(2) Academy staff.--
(A) Primary scholar.--Each Academy shall be headed
by a primary scholar identified in the application
submitted under subsection (b) who shall--
(i) be accomplished in the field of
American history and civics; and
(ii) design the curriculum for and lead the
workshop.
(B) Core teachers.--Each primary scholar shall
appoint an appropriate number of core teachers. At the
direction of the primary scholar, the core teachers
shall teach and train the workshop attendees.
(3) Selection of teachers.--
(A) In general.--
(i) Number of teachers.--Each year, each
Academy shall select kindergarten through grade
12 teachers of American history and civics to
attend the workshop offered by the Academy.
(ii) Flexibility in number of teachers.--
Each Academy shall select not more than 300 and
not less than 50 teachers under clause (i).
(B) Teachers from public and private schools.--An
Academy may select teachers from public schools and
private schools to attend the workshop offered by the
Academy.
(g) Costs.--
(1) In general.--Except as provided in paragraph (2), a
teacher who attends a workshop offered pursuant to this section
shall not incur costs associated with attending the workshop,
including costs for meals, lodging, and materials while
attending the workshop, and may receive a stipend to cover such
costs.
(2) Travel costs.--A teacher who attends a workshop offered
pursuant to this section shall use non-Federal funds to pay for
such teacher's costs of transit to and from the Academy.
(h) Evaluation.--
(1) In general.--At the completion of all of the workshops
assisted in the third year grants are awarded under this
section, the National Endowment for the Humanities shall
conduct an evaluation and submit a report on its findings to
the relevant committees of Congress.
(2) Content of evaluation.--The evaluation conducted
pursuant to paragraph (1) shall--
(A) determine the overall success of the grant
program authorized under this section; and
(B) highlight the best grantees' practices in order
to become models for future grantees.
(i) Non-Federal Funds.--An educational institution receiving
Federal assistance under this section may contribute non-Federal funds
toward the costs of operating the Academy.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000 for each of fiscal
years 2004 through 2007.
SEC. 4. CONGRESSIONAL ACADEMIES FOR STUDENTS OF AMERICAN HISTORY AND
CIVICS.
(a) Establishment.--From amounts appropriated under subsection (j),
the National Endowment for the Humanities shall award grants, on a
competitive basis, to educational institutions to establish
Congressional Academies for Students of American History and Civics (in
this section referred to as ``Academies'') that shall offer workshops
for outstanding students of American history and civics to broaden and
deepen such students' understanding of American history and civics.
(b) Application.--
(1) In general.--An educational institution that desires to
receive a grant under this section shall submit an application
to the National Endowment for the Humanities at such time, in
such manner, and containing such information as the National
Endowment for the Humanities may require.
(2) Contents.--An application submitted under paragraph (1)
shall--
(A) include the criteria that will be used to
determine which students will be selected to attend
workshops offered by the Academy;
(B) identify the individual the educational
institution intends to appoint to be the primary
scholar at the Academy;
(C) include a description of the curriculum to be
used at workshops offered by the Academy; and
(D) include a description of how the educational
institution will--
(i) inform students from schools receiving
assistance under part A of title I of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311 et seq.), particularly those
schools with high concentrations of students
described in section 1124(c) of such Act, of
the Academy; and
(ii) provide such students with information
on how to apply to attend workshops offered by
the Academy so that such students may attend
the workshops.
(c) Number of Grants.--The National Endowment for the Humanities
shall award not more than 12 grants to different educational
institutions under this section.
(d) Distribution.--The Chairman shall encourage equitable
distribution of grants under this section among the geographical
regions of the United States.
(e) Grant Terms.--Grants awarded under this section shall be for a
term of 2 years.
(f) Use of Funds.--
(1) Workshops.--
(A) In general.--An educational institution that
receives a grant under this section shall establish an
Academy that shall offer a workshop during the summer,
or during another appropriate time, for outstanding
students of American history, government, and civics to
broaden and deepen such students' understanding of
American history and civics.
(B) Duration of workshop.--A workshop offered
pursuant to this section shall be approximately 4 weeks
in duration.
(2) Academy staff.--
(A) Primary scholar.--Each Academy shall be headed
by a primary scholar identified in the application
submitted under subsection (b) who shall--
(i) be accomplished in the field of
American history and civics; and
(ii) design the curriculum for and lead the
workshop.
(B) Core teachers.--Each primary scholar shall
appoint an appropriate number of core teachers. At the
direction of the primary scholar, the core teachers
shall teach the workshop attendees.
(3) Selection of students.--
(A) Number of students.--Each year, each Academy
shall select between 100 and 300 eligible students to
attend the workshop offered by the Academy.
(B) Eligible students.--A student shall be eligible
to attend a workshop offered by an Academy if the
student--
(i) is recommended by the student's
secondary school principal (or other head of
such student's academic program) to attend the
workshop; and
(ii) will be a junior or senior in the
academic year following attendance at the
workshop.
(g) Costs.--
(1) In general.--Except as provided in paragraph (2), a
student who attends a workshop offered pursuant to this section
shall not incur costs associated with attending the workshop,
including costs for meals, lodging, and materials while
attending the workshop.
(2) Travel costs.--A student who attends a workshop offered
pursuant to this section shall use non-Federal funds to pay for
such student's costs of transit to and from the Academy.
(h) Evaluation.--
(1) In general.--At the completion of all of the workshops
assisted in the third year grants are awarded under this
section, the National Endowment for the Humanities shall
conduct an evaluation and submit a report on its findings to
the relevant committees of Congress.
(2) Content of evaluation.--The evaluation conducted
pursuant to paragraph (1) shall--
(A) determine the overall success of the grant
program authorized under this section; and
(B) highlight the best grantees' practices in order
to become models for future grantees.
(i) Non-Federal Funds.--An educational institution receiving
Federal assistance under this section may contribute non-Federal funds
toward the costs of operating the Academy.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $14,000,000 for each of fiscal
years 2004 through 2007.
SEC. 5. NATIONAL ALLIANCE OF TEACHERS OF AMERICAN HISTORY AND CIVICS.
(a) Establishment.--
(1) In general.--From amounts appropriated under subsection
(e), the National Endowment for the Humanities shall award 1 or
more grants to organizations for the creation of a national
alliance of elementary school and secondary school teachers of
American history and civics.
(2) Purpose.--The purpose of the national alliance is--
(A) to facilitate the sharing of ideas among
teachers of American history and civics; and
(B) to encourage best practices in the teaching of
American history and civics.
(b) Application.--An organization that desires to receive a grant
under this section shall submit an application to the National
Endowment for the Humanities at such time, in such manner, and
containing such information as the National Endowment for the
Humanities may require.
(c) Grant Term.--A grant awarded under this section shall be for a
term of 2 years and may be reapplied after the initial term expires.
(d) Use of Funds.--An organization that receives a grant under this
section may use the grant funds for any of the following:
(1) Creation of a website on the Internet to facilitate
discussion of new ideas on improving American history and
civics education.
(2) Creation of in-State chapters of the national alliance,
to which individual teachers of American history and civics may
belong, that sponsors American history and civics activities
for such teachers in the State.
(3) Seminars, lectures, or other events focused on American
history and civics, which may be sponsored in cooperation with,
or through grants awarded to, libraries, States' humanities
councils, or other appropriate entities.
(4) Coordinate activities with other nonprofit educational
alliances that promote the teaching or study of subjects
related to American history and civics.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, and for any administrative
costs associated with carrying out sections 3 and 4, $4,000,000 for
each of fiscal years 2004 through 2007.
Passed the Senate June 20, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | American History and Civics Education Act of 2003 - Directs the National Endowment for the Humanities (NEH) to award competitive grants to educational institutions to establish: (1) Presidential Academies for Teaching of American History and Civics to offer workshops for teachers of American history and civics; and (2) Congressional Academies for Students of American History and Civics to offer workshops for outstanding students of American history and civics.Requires such Academies to describe how they will include teachers and students from schools receiving assistance for educationally disadvantaged children under the Elementary and Secondary Education Act of 1965, particularly those schools with high concentrations of students from low-income families.Directs the NEH to award a grant to an organization for the creation of a national alliance of elementary school and secondary school teachers of American history and civics. | A bill to establish academies for teachers and students of American history and civics and a national alliance of teachers of American history and civics, and for other purposes. |
SECTION 1. CONVEYANCE OF MUKILTEO LIGHT STATION, WASHINGTON.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation shall
convey to the City of Mukilteo, Washington, by an appropriate
means of conveyance, all right, title, and interest of the
United States in and to the Mukilteo Light Station, consisting
of approximately 1.46 acres of land, the lighthouse structure,
a garage, 2 dwellings, and an office building.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
under this subsection.
(3) Exception.--The Secretary may not convey any historical
artifact, including any lens or lantern, located on the
property at or before the time of the conveyance.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property under this
section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by this
section and other terms and conditions the Secretary
may consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established under this section, the conveyance of
property under this subsection shall be subject to the
condition that all right, title, and interest in the property
shall immediately revert to the United States if--
(A) the property, or any part of the property--
(i) ceases to be used as a nonprofit center
for the interpretation and preservation of
maritime history;
(ii) ceases to be maintained in a manner
that ensures its present or future use as a
Coast Guard aid to navigation; or
(iii) ceases to be maintained in a manner
consistent with the provisions of the National
Historic Preservation Act of 1966 (16 U.S.C.
470 et seq.); or
(B) at least 30 days before that reversion, the
Secretary of Transportation provides written notice to
the owner that the property is needed for national
security purposes.
(3) Maintenance of navigation functions.--A conveyance of
property under this section shall be made subject to the
conditions that the Secretary of Transportation considers to be
necessary to assure that--
(A) the lights, antennas, sound signal, electronic
navigation equipment, and associated lighthouse
equipment located on the property conveyed, which are
active aids to navigation, shall continue to be
operated and maintained by the United States for as
long as they are needed for this purpose;
(B) the owner of the property may not interfere or
allow interference in any manner with aids to
navigation without express written permission from the
Secretary of Transportation;
(C) there is reserved to the United States the
right to relocate, replace, or add any aid to
navigation or make any changes to the property as may
be necessary for navigational purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice for the
purpose of maintaining aids to navigation; and
(E) the United States shall have an easement of
access to and across the property for the purpose of
maintaining the aids to navigation in use on the
property.
(4) Obligation limitation.--The owner of property conveyed
under this section is not required to maintain any active aid
to navigation equipment on the property.
(5) Property to be maintained in accordance with certain
laws.--The owner of property conveyed under this section shall
maintain the property in accordance with the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.) and other
applicable laws.
(c) Maintenance Standard.--The owner of any property conveyed under
this section, at its own cost and expense, shall maintain the property
in a proper, substantial, and workmanlike manner.
(d) Owner Defined.--For purposes of this section, the term
``owner'' means the City of Mukilteo, Washington, and any successor or
assign of the City with respect to property conveyed to the City under
this section. | Directs the Secretary of Transportation to convey all right, title, and interest of the United States in and to the Mukilteo Light Station (including land, the lighthouse structure, a garage, two dwellings, and an office building) to the City of Mukilteo, Washington. Subjects such conveyance to the condition that the lighthouse maintain its navigational functions. | To direct the Secretary of Transportation to convey the Mukilteo Light Station to the City of Mukilteo, Washington. |
SECTION 1. IMPLEMENTATION OF PROTECTION AND SERVICES FOR CHILDREN AND
YOUTHS IN OUT OF HOME CARE.
(a) In General.--The McKinney-Vento Homeless Assistance Act (42
U.S.C. 11421 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle C--Implementation of Protection and Services for Children
and Youths in Out of Home Care
``SEC. 731. STATEMENTS OF POLICY.
``Congress declares the following:
``(1) Children and youths in out of home care face daunting
barriers to educational success very similar to those faced by
children experiencing homelessness. Extension of the
protections and services of this subtitle to children and
youths in out of home care, therefore, is crucial, to their
educational success while ensuring that existing State and
local educational agency programs serving homeless children and
youths are protected and are provided with adequate support.
``(2) Efforts to improve educational outcomes for children
and youths in out of home care must be a joint effort of child
welfare agencies responsible for the welfare of such children
and youths and the State and local educational agencies
pursuant to section 732 to provide educational services to such
children and youths.
``SEC. 732. IMPLEMENTATION OF PROTECTION AND SERVICES FOR CHILDREN AND
YOUTHS IN OUT OF HOME CARE.
``(a) In General.--Not later than two years after the date of the
enactment of this subtitle or the date on which the amount appropriated
under section 726 equals or exceeds $90,000,000, whichever comes first,
each State through the State educational agency and each local
educational agency in the State, in collaboration with the State and
local child welfare agencies in the State, shall provide children and
youths in out of home care with the following:
``(1) The opportunity to remain in the school of origin, in
accordance with subparagraphs (A) and (B) of section 722(g)(3),
subject to subsection (b) of this section.
``(2) Immediate enrollment in the school chosen pursuant to
section 722(g)(3)(C).
``(3) Maintenance and timely transfer of records pursuant
to section 722(g)(3)(D).
``(4) Access to the dispute resolution process pursuant to
section 722(g)(3)(E).
``(5) The assurance that they will not be segregated in a
separate or stigmatized school or separate program within a
school based on the status of their being children and youths
in out of home care, pursuant to subsections (e)(3) and
(g)(1)(J)(i) of section 722.
``(6) Equal access to comparable services as set forth in
section 722(g)(4), subject to subsection (b) of this section.
``(7) Equal access to State-funded and local educational
agency-funded preschool programs, appropriate secondary
education and support services, before- and after-school
programs for which they are eligible, including extracurricular
activities, pursuant to section 722(g)(1)(F).
``(8) Opportunities to meet the same challenging State
student academic achievement standards that all students are
expected to meet pursuant to section 722(g)(1)(A).
``(9) Coordination of services with local child welfare and
social service agencies and with local educational agencies on
inter-district issues pursuant to section 722(g)(5).
``(b) Transportation.--A State under this subtitle shall not be
required to ensure that transportation is provided to the school of
origin for a child or youth in out of home care unless such
transportation is otherwise required by law, the responsible child
welfare agency or other entity agrees to reimburse the cost of
providing such transportation, or transportation is required under
section 733.
``(c) Implementation of Plan.--Not later than one year after the
date of the enactment of this subtitle, each State educational agency,
in cooperation with the State child welfare agency in the State, shall
submit to the Secretary a plan for the implementation of the
educational rights of children and youths in out of home care. Such
plan shall include the following:
``(1) A description of how the State and the local child
welfare agencies within the State will coordinate and
collaborate with the State educational agency, the Coordinator
for Education of Homeless Children and Youths established under
section 722(d)(3), and the local educational agencies in the
State, including liaisons designated under section
722(g)(1)(J)(ii), to ensure the protections and services
provided under this subtitle will be promptly and effectively
delivered to children and youths in out of home care, taking
into account the need to continue serving other children and
youths eligible for protections and services under this
subtitle.
``(2) A description of the policies and procedures which
are or will be implemented regarding confidentiality,
information-sharing, and educational decision-making for such
children and youths.
``(3) A description of the policies and procedures which
are or will be implemented regarding notice, dispute resolution
procedures, maintenance of school records, and health records.
``(4) A description of specific procedures for school
enrollment and withdrawal of children and youths in out of home
care, including a description of who within the child welfare
agency will work with the local educational agency to ensure
immediate enrollment of children and youths in out of home care
and to assist with the smooth transition from school to school.
``(5) A description of the numbers and needs of children
and youths in out of home care who will be eligible for the
protections and services under subsection (a), including, to
the extent available, data on the numbers of school-age and
preschool-age children and youths in out of home care in the
State by local educational agencies, and data on the extent of
school mobility of children and youths in out of home care in
the State.
``(6) A description of existing barriers to enrollment,
attendance, retention, and educational success in school for
children and youths in out of home care.
``(7) A description of efforts in the State to recruit
foster families and provide placement options that maintain
children and youths in their schools of origin.
``(8) Consistent with subsection (d) and section 722(f)(3),
data and information regarding children and youths in out of
home care who are eligible for and are receiving protections
and services under subsection (a).
``(9) A description of the policies and procedures to be
coordinated with the public child welfare agency that will
assist unaccompanied youths who are in the custody of such
public child welfare agency to maintain school enrollment and
attendance through stable housing.
``(10) Pursuant to subsection (b), a description of how
required transportation services will be provided and
coordinated.
``(d) Additional Secretarial Responsibilities.--
``(1) Information.--
``(A) In general.--From funds appropriated under
section 726, the Secretary, in coordination with the
Secretary of Health and Human Services, shall, directly
or through grants, contracts, or cooperative
agreements, periodically collect and disseminate data
and information regarding--
``(i) the number and location of children
and youths in out of home care;
``(ii) the education and related services
such children and youths receive;
``(iii) the extent to which the educational
needs of children and youths in out of home
care are being met; and
``(iv) such other data and information as
the Secretary determines necessary and relevant
to carry out this subtitle.
``(B) Coordination.--The Secretary shall coordinate
such collection and dissemination with other agencies
and entities that receive assistance and administer
programs under this subtitle. The Secretary shall also
coordinate the collection of such data with the data
collection required under section 724(h).
``(2) Report.--Not later than four years after the date of
the enactment of this subtitle, the Secretary shall submit to
the President and the Committee on Education and Labor of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report on the
status of education of children and youths in out of home care,
including information on the actions of the Secretary and the
effectiveness of the programs supported under this subtitle.
``(e) Rules of Construction.--
``(1) No shifting responsibilities.--Nothing in this
subtitle is intended to shift responsibilities to State or
local educational agencies for duties and activities related to
meeting the educational needs of children and youths in out of
home care that the State child welfare agency has specifically
assumed in its State plan submitted pursuant to parts B or E of
title IV of the Social Security Act (42 U.S.C. 621 et seq. and
670 et seq.).
``(2) No preclusion of early implementation.--Nothing in
this section shall preclude a State from extending the
protections under this section to children and youths in out of
home care before the date that is two years after the date of
the enactment of this subtitle or the date on which the amount
appropriated under section 726 equals or exceeds $90,000,000,
whichever comes first, except that if a State implements such
protections before either of such dates, the State shall first
submit the implementation plan required under subsection (c).
``(f) Supplement, Not Supplant.--Funds appropriated under this
subtitle shall be used to supplement, not supplant, Federal and non-
Federal funds available through State and local child welfare agencies
for expenses related to the education of children and youths who are in
out of home care.
``SEC. 733. SPECIAL RULE REGARDING TRANSPORTATION FOR CHILDREN AND
YOUTHS IN OUT OF HOME CARE.
``State and local educational agencies shall be required to ensure
that transportation is provided to enable children and youths in out of
home care to remain in their schools of origin as specified under this
subtitle--
``(1) when the amount appropriated under section 726 equals
or exceeds $140,000,000;
``(2) such transportation is otherwise required by law; or
``(3) the responsible child welfare agency or other entity
agrees to reimburse the cost of providing such transportation.
``SEC. 734. CHILDREN AND YOUTHS AWAITING FOSTER CARE PLACEMENT.
``Nothing in sections 732 and 733 shall be construed to relieve
States or local educational agencies of responsibility under this
subtitle to serve children and youths awaiting foster care placement.
``SEC. 735. ACTION BY COURT.
``If the right of the birth or adoptive parent or legal guardian of
a child or youth to make educational decisions for such child or youth
has been terminated or suspended by an order of the court, or if the
birth or adoptive parent or legal guardian cannot be identified or
located after reasonable efforts, is not available with reasonable
promptness to assist in enrollment or placement decisions, or is not
acting in the best educational interests of such child or youth with
respect to enrollment or placement decisions, a court may appoint an
individual to serve as the educational decisionmaker of such child or
youth who shall have the same rights as a parent or guardian under this
subtitle. In making such appointment, if such child or youth is
eligible for services under the Individuals with Disabilities Education
Act, the court shall consider whether the individual who is serving as
the parent or surrogate parent under sections 615(b)(2) and 639(a)(5)
of such Act of such child or youth should serve as the educational
decisionmaker for the purpose of this subtitle.
``SEC. 736. DEFINITIONS.
``In this subtitle:
``(1) Children and youths in out of home care.--The term
`children and youths in out of home care' means children and
youths who are in the custody of a public child welfare agency,
including foster family homes, kinship care families, group
homes, and other congregate care facilities.
``(2) Parent or guardian.--The term `parent or guardian'
means, with respect to children or youths in out of home care--
``(A) the birth or adoptive parent or legal
guardian of such a child or youth, unless such parent's
or guardian's right to make educational decisions for
such child or youth has been terminated or suspended by
a court; or
``(B) the educational decisionmaker appointed by a
court to make educational decisions for such child or
youth.''.
(b) Conforming Amendment.--The table of contents of the McKinney-
Vento Homeless Assistance Act is amended by adding at the end the
following:
``Subtitle C--Implementation of Protection and Services for Children
and Youths in Out of Home Care
``Sec. 731. Statements of policy.
``Sec. 732. Implementation of protection and services for children and
youths in out of home care.
``Sec. 733. Special rule regarding transportation for children and
youths in out of home care.
``Sec. 734. Children and youths awaiting foster care placement.
``Sec. 735. Action by court.
``Sec. 736. Definitions.''. | Amends the McKinney-Vento Homeless Assistance Act to require each state through its state educational agency (SEA) and its local educational agency (LEA), in collaboration with its state and local child welfare agencies, to provide children and youths in out of home care with certain educational protection and services, including: (1) guarantee that they will not be segregated in a separate or stigmatized school or separate program within a school based on their status of being in out of home care; and (2) equal access to the state-funded and LEA-funded preschool programs, appropriate secondary education and support services, and before- and after-school programs for which they are eligible, including extracurricula activities.
Requires SEA- or LEA-provided transportation to the school of origin for such a child or youth only in certain circumstances, and only if the SEA or LEA is reimbursed by the responsible child welfare agency or other entity. | To amend the McKinney-Vento Homeless Assistance Act to provide for the implementation of protection and services for children and youths in out of home care, and for other purposes. |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) Elouise Pepion Cobell was born on the Blackfeet
Reservation on November 5, 1945, with the Indian name ``Little
Bird Woman''.
(2) Elouise Cobell is a citizen of the Blackfeet Nation and
the great-granddaughter of Mountain Chief, a legendary Indian
leader.
(3) In 1996, Elouise Cobell filed an historic lawsuit
against the Federal Government, seeking justice for the
Government's failure to account for billions of dollars
received in trust by the United States for the benefit of
500,000 individual Indians.
(4) Throughout the prosecution of the suit that bears her
name, Elouise Cobell led the charge against governmental
malfeasance, and displayed unyielding resilience in her pursuit
of justice for this Nation's most vulnerable population.
(5) After a more than 15-year, tenacious fight with the
Government, Elouise Cobell agreed to settle the lawsuit in
December 2009 for $3,400,000,000, making it the largest
settlement with the Government in American History.
(6) Education of young people has long been a priority for
Elouise Cobell. To provide educational opportunities for Indian
children, Elouise Cobell created, as part of the lawsuit
settlement, a scholarship fund that will help Indian youth to
access higher education, academic as well as vocational.
(7) Elouise Cobell is the recipient of many awards and
honors. In 1997, she received a ``Genius Grant'' from the John
D. and Catherine T. MacArthur Foundation's Fellows program, a
portion of which was used to fund her lawsuit. Elouise Cobell
received the 2002 International Women's Forum award for ``Women
Who Make a Difference'' in Mexico City. In 2004, the National
Center for American Indian Enterprise Development presented her
with the Jay Silverheels Achievement Award. A year later, she
received a Cultural Freedom Fellowship from the Lannan
Foundation, an award that cited her persistence in bringing to
light the ``more than a century of Government malfeasance and
dishonesty'' in the Government's mismanagement of the
Individual Indian Trust. In 2007, she received an AARP Impact
Award, and in 2011 Elouise Cobell was named ``Montana Citizen
of the Year'' by the Montana Trial Lawyers Association. She has
received honorary degrees from Montana State University,
Rollins College, and Dartmouth College.
(8) Elouise Cobell is a respected leader in Indian Country
for civic and economic development. For 13 years, she served
her own tribal community as treasurer for the Blackfeet Nation,
and has served on a number of Native American organizational
boards, including the board of trustees for the National Museum
of the American Indian. Her contributions to economic
development in Indian Country are substantial, not the least of
which is her role in the establishment and management of the
Native American Bank.
(9) As a Montanan, Elouise Cobell has stayed invested in
issues affecting the Montana community by serving as a trustee
for the Nature Conservancy of Montana, while also working her
own ranch that produces cattle and crops.
(10) Elouise Cobell has changed immeasurably the lives of
individual Indians and women in the United States, North
America, and around the world through her advocacy efforts to
obtain justice for the often overlooked population of
indigenous peoples.
(11) Elouise Cobell's life and work has shined light on the
barriers confronted by individual Indians in the United States,
and her actions not only raise the national awareness of these
issues, they resolve them.
(12) Elouise Cobell is an inspiration to women, individual
American Indians and Alaska Natives, and advocates who seek to
give voice to the voiceless and most vulnerable across the
globe.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of the Congress, a gold medal of appropriate design
to Elouise Pepion Cobell in recognition of her outstanding and enduring
contributions to the welfare of individual Indians in the United States
and her inspiration to indigenous peoples across the globe.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury (in this
Act referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, and at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, overhead
expenses, and the cost of the gold medal.
SEC. 4. NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.
(a) Authorization of Appropriations.--There is authorized to be
charged against the Numismatic Public Enterprise Fund an amount not to
exceed $30,000 to pay for the cost of the medal authorized by this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the Numismatic
Public Enterprise Fund. | Authorizes the President, on behalf of Congress, to award a gold medal of appropriate design to Elouise Pepion Cobell in recognition of her outstanding and enduring contributions to the welfare of individual Indians in this country and her inspiration to indigenous peoples across the globe. | A bill to authorize the President to award a gold medal on behalf of the Congress to Elouise Pepion Cobell, in recognition of her outstanding and enduring contributions to American Indians, Alaska Natives, and the Nation through her tireless pursuit of justice. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban Area Security Initiative Grant
Enhancement and Authorization Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The High Threat Urban Areas program created under
Public Law 108-7--
(A) was devised as an additional response to the
Nunn-Lugar-Domenici Domestic Preparedness Program
created under title XIV of the National Defense
Authorization Act of 1996 (Public Law 104-201), in
recognizing that certain large urban areas remain high
threat targets and are inadequately prepared to respond
to a weapon of mass destruction event;
(B) addresses the unique equipment, training,
planning and exercise needs of selected large high
threat urban areas; and
(C) has become known as the Urban Area Security
Initiative.
(2) The allocation of the funds available for fiscal year
2006 for the Urban Areas Security Initiative grants program of
the Department of Homeland Security does not reflect the
original intent of the program.
(3) The needs-based variable used in the funding formula
for such allocation is not a proper risk-based variable.
(4) The allocation of funds for such program should be
based solely on the risk of terrorist attack, and determined
based solely on consideration of threat of, vulnerabilities to,
and consequence of such an attack.
SEC. 3. AUTHORIZATION OF URBAN AREAS SECURITY INITIATIVE GRANTS
PROGRAM.
(a) Authorization.--The Secretary of Homeland Security may carry
out an Urban Areas Security Initiative Grants Program (in this section
referred to as the ``Program''), under which the Secretary may make
grants for the same purposes for which grants were made under such a
program with amounts made available to the Department of Homeland
Security for fiscal year 2005.
(b) Use of Grant.--
(1) Authorized uses.--A grant under this section may be
used--
(A) to purchase equipment, to provide training, to
conduct exercises, and to provide technical assistance
to State and local first responders;
(B) to construct, develop, expand, modify, operate,
or improve facilities to provide training or assistance
to State and local first responders, including
construction relating to target hardening,
communications facilities, emergency command centers,
or medical response facilities; and
(C) if 100 or more personnel in the relevant
jurisdiction are dedicated exclusively to
counterterrorism and intelligence activities (including
detection of, collection and analysis of intelligence
relating to, investigation of, prevention of, and
interdiction of suspected terrorist activities), to
provide reimbursement, consistent with a State plan as
approved by the Secretary, for expenses related to--
(i) such personnel, including overtime pay;
and
(ii) units dedicated to such activities.
(2) Limitation.--
(A) In general.--A grant under this section may not
be used to supplant State or local funds that have been
obligated for homeland security or first responder-
related projects.
(B) Maintenance of expenditures not required.--The
Secretary may not require an applicant for a grant
under this section to maintain a level of expenditure
from year to year as a condition of a grant under this
section
(c) Procedures, Terms, and Conditions.--
(1) In general.--Except as provided in this Act, the
Secretary shall make grants under the Program in accordance
with the procedures, terms, and condition under which grants
were made under such a program with amounts made available to
the Department of Homeland Security for fiscal year 2005.
(2) Grant basis.--The Secretary shall make grants under the
Program based solely on a quantitative assessment of the risk
of a terrorist attack on high-threat, high-density urban areas
that considers--
(A) threat of a terrorist attack to particular
assets;
(B) vulnerability of particular assets to a
terrorist attack; and
(C) consequences of a terrorist attack.
(d) Notification of Grant Applicants.--If the Secretary finds any
problem in an application for a grant under the Program to be funded
with amounts available for a fiscal year, the Secretary shall notify
the applicant and provide the applicant an opportunity to correct such
problem before making any grant with such amounts.
(e) Authority of President.--Any allocation by the Secretary of
funds for grants under the Program, and any approval by the Secretary
of a grant under the Program, is subject to modification by the
President.
(f) Relationship to Other Law.--Section 1014 of the USA PATRIOT Act
(42 U.S.C. 3714) does not apply with respect to a grant under this
section. | Urban Area Security Initiative Grant Enhancement and Authorization Act of 2006 - Authorizes the Secretary of the Department of Homeland Security (DHS) to carry out an Urban Areas Security Initiative Grants Program, under which the Secretary may make grants: (1) to purchase equipment, conduct exercises, and provide training and technical assistance to state and local first responders and for facilities to provide training or assistance to responders; and (2) to provide reimbursement for specified expenses if 100 or more personnel in the relevant jurisdiction are dedicated exclusively to counterterrorism and intelligence activities.
Directs the Secretary to make such grants: (1) generally in accordance with the procedures, terms, and conditions under which grants were made under the program in FY2005; and (2) based solely on a quantitative assessment of the risk of a terrorist attack on high-threat, high-density urban areas that considers the threat of a terrorist attack to particular assets and the vulnerability of particular assets to, and the consequences of, such an attack.
Directs the Secretary, upon finding any problem in a grant application, to notify the applicant and provide an opportunity to correct it before making a grant. Makes: (1) fund allocations and grant approvals by the Secretary subject to modification by the President; and (2) provisions of the USA PATRIOT Act regarding the state and local domestic preparedness support grant program inapplicable. | To authorize the Urban Areas Security Initiative Grants Program of the Department of Homeland Security, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Border and Homeland
Security Act of 2010''.
SEC. 2. PRIORITY DISTRIBUTIONS UNDER THE STATE CRIMINAL ALIEN
ASSISTANCE PROGRAM.
Section 241(i) of the Immigration and Nationality Act (8 U.S.C.
1231(i)) is amended by adding at the end the following:
``(7) In distributing amounts under this subsection to a
State or political subdivision of a State for a fiscal year,
the Attorney General shall prioritize compensating--
``(A) States that are on the northern or southern
border; or
``(B) political subdivisions of States that, in the
determination of the Attorney General, have one of the
4 largest populations of aliens unlawfully present in
the United States for the preceding fiscal year.''.
SEC. 3. FENCING ALONG AND OPERATIONAL CONTROL OF THE SOUTHWEST BORDER.
(a) Fencing.--Subparagraph (A) of section 102(b)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note) is amended by inserting ``not later than December 31,
2012,'' before ``construct''.
(b) Operational Control.--Subsection (a) of the Secure Fence Act of
2006 (Public Law 109-367) is amended, in the matter preceding paragraph
(1), by striking ``18 months after the date of the enactment of this
Act,'' and inserting ``December 31, 2012,''.
SEC. 4. BORDER PATROL AGENTS.
The Secretary of Homeland Security shall increase the number of
positions for full-time, active-duty Border Patrol agents over the
number of such agents for the preceding fiscal year as follows:
(1) Three thousand such agents for fiscal year 2011 (with
2,500 such agents deployed to the southern border and 500 such
agents deployed to the northern border).
(2) One thousand such agents for fiscal year 2012 (with 800
such agents deployed to the southern border and 200 such agents
deployed to the northern border).
(3) One thousand such agents for fiscal year 2013 (with 800
such agents deployed to the southern border and 200 such agents
deployed to the northern border).
(4) One thousand such agents for fiscal year 2014 (with 800
such agents deployed to the southern border and 200 such agents
deployed to the northern border).
SEC. 5. CUSTOMS AND BORDER PROTECTION.
For each of fiscal years 2011, 2012, 2013, and 2014, the Secretary
of Homeland Security shall increase by not fewer than 200 the number of
United States Customs and Border Protection officers at United States
ports of entry over the number of such officers at such ports for the
preceding fiscal year.
SEC. 6. COMPLETE IMPLEMENTATION OF US-VISIT.
Not later than December 31, 2011, the Secretary of Homeland
Security shall ensure that for the automated entry and exit control
system under section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a) for aliens
arriving in or departing from the United States at any port of entry,
the requirement under subsection (a)(1) of such section has been
completely implemented.
SEC. 7. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES OF THE SECRETARY OF
HOMELAND SECURITY RELATED TO BORDER SECURITY.
On public lands of the United States, neither the Secretary of the
Interior nor the Secretary of Agriculture may impede, prohibit, or
restrict activities of the Secretary of Homeland Security to achieve
operational control (as defined in section 2(b) of the Secure Fence Act
of 2006 (8 U.S.C. 1701 note; Public Law 109-367)).
SEC. 8. OPERATION STREAMLINE.
(a) Capacity Expanded.--To the extent necessary to double the
number of Operation Streamline prosecutions that a Federal district
court may consider during a fiscal year, the following actions are
authorized:
(1) The clerk of each district court described in
subsection (b)(2) shall appoint under section 751(b) of title
28, United States Code, in addition to deputies, clerical
assistants, and employees otherwise appointed under such
section, any number of deputies, clerical assistants, or
employees without regard to the requirement under such section
for approval by the Director of the Administrative Office of
the United States Courts.
(2) The chief judge of each district court described in
subsection (b)(2) may appoint under section 631 of title 28,
United States Code, in addition to magistrate judges otherwise
appointed under such section, 1 magistrate judge who meets the
qualifications under such section.
(3) Each district judge of each district court described in
subsection (b)(2) may appoint under section 752 of title 28,
United States Code, in addition to law clerks otherwise
appointed under such section, 1 law clerk.
(b) Operation Streamline Prosecutions.--
(1) Definition.--For purposes of this section, an
``Operation Streamline prosecution'' is any criminal
prosecution of an alien for an offense under section 275 of the
Immigration and Nationality Act (8 U.S.C. 1325) in any district
court described in paragraph (2).
(2) District courts described.--A district court described
in this paragraph is the United States district court for any
of the following:
(A) The District of Arizona.
(B) The District of New Mexico.
(C) The Southern District of California.
(D) The Southern District of Texas.
(E) The Western District of Texas.
SEC. 9. INCREASED PENALTY FOR ENTRY OF ALIEN AT IMPROPER TIME OR PLACE
OR MISREPRESENTATION AND CONCEALMENT OF FACTS.
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325)
is amended--
(1) in subsection (a)--
(A) by striking ``not more than 6 months, or
both'';
(B) by striking ``not more than 2 years, or both'';
(C) by inserting after ``for the first commission
of any such offense,'' the following: ``be imprisoned
for not less than 30 days and not more than 6 months,
and may in addition be''; and
(D) by inserting after ``for a subsequent
commission of any such offense,'' the following: ``be
imprisoned not less than 6 months and not more than 2
years, and may in addition be''; and
(2) by adding at the end the following:
``(e) The minimum mandatory terms of imprisonment under subsection
(a) shall not apply to any alien who is--
``(1) a child under the age of 18;
``(2) a parent traveling with a child under the age of 18;
or
``(3) an alien who has a life-threatening health
condition.''.
SEC. 10. GLOBAL NUCLEAR DETECTION ARCHITECTURE.
Section 1902(a) of the Homeland Security Act of 2002 (6 U.S.C.
592(a)) is amended--
(1) in paragraph (1), by inserting before the semicolon at
the end the following: ``particularly with respect to potential
smuggling routes in land border areas between ports of entry,
railcars entering the United States from Canada or Mexico, and
private aircraft or small vessels'';
(2) by redesignating paragraphs (13) and (14) as paragraphs
(14) and (15), respectively;
(3) by inserting after paragraph (12) the following new
paragraph:
``(13) develop objectives to be accomplished to carry out
this subsection, identify roles and responsibilities for
meeting such objectives, ensure that the funding necessary to
achieve such objectives is available, and employ monitoring
mechanisms to determine progress toward achieving such
objectives;''; and
(4) in paragraph (14), as so redesignated, by striking
``paragraphs (10), (11), and (12)'' and inserting ``this
subsection''.
SEC. 11. PORTABLE RADIATION DETECTORS AND RADIOACTIVE ISOTOPE
IDENTIFICATION DEVICES.
Not later than July 1, 2011, the Secretary of Homeland Security
shall determine the number of next generation portable radiation
detectors (PRD) and radioactive isotope identification devices (RIID)
required by Border Patrol agents patrolling the southern and northern
borders of the United States and procure such detectors and devices.
SEC. 12. PORT SECURITY GRANTS.
Section 70107(l) of title 46, United States Code, is amended to
read as follows:
``(l) Authorization of Appropriations.--
``(1) Fiscal years 2007 through 2011.--There are authorized
to be appropriated $400,000,000 for each of fiscal years 2007
through 2011 to carry out this section.
``(2) Fiscal years 2012 through 2014.--There are authorized
to be appropriated not less than $500,000,000 for each of
fiscal years 2012 through 2014 to carry out this section.''.
SEC. 13. STRATEGIC PLAN TO DETECT AND INTERDICT BIOLOGICAL AND CHEMICAL
WEAPONS.
(a) In General.--
(1) Development.--Not later than July 1, 2011, the
Secretary of Homeland Security shall develop a strategic plan
(hereinafter in this section referred to as the ``Plan'') to
detect and interdict biological and chemical weapons entering
the United States.
(2) Implementation.--The Secretary shall complete
implementation of the Plan not later than July 1, 2014.
(b) Reports to Congress.--
(1) Initial report.--Not later than July 1, 2011, the
Secretary shall submit to Congress a report that describes the
Plan.
(2) Annual report.--Beginning on July 1, 2012, and annually
thereafter, the Secretary shall submit reports to Congress on
the implementation of the Plan. | National Border and Homeland Security Act of 2010 - Amends the Immigration and Nationality Act to give state criminal alien assistance program (SCAAP) funding priority to: (1) northern or southern border states; or (2) state political subdivisions having one of the four largest populations of unlawfully present aliens for the preceding fiscal year.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary of Homeland Security (DHS) (Secretary) to complete the required 700 mile southwest border fencing by December 31, 2012.
Amends the Secure Fence Act of 2006 to direct the Secretary to achieve operational control over U.S. international land and maritime borders by December 31, 2012.
Directs the Secretary to: (1) increase the number of full-time, active-duty Border Patrol agents; (2) increase the number of Customs and Border Protection officers at U.S. ports of entry; and (3) ensure the implementaion of the automated entry and exit control system for aliens entering the United States at ports of entry (US-Visit) by December 31, 2011.
Prohibits the Secretary of the Interior and the Secretary of Agriculture (USDA) from impeding border security-related activities by the Secretary on U.S. public lands.
Sets forth activities that may be taken to increase the number of Operation Streamline prosecutions by the following U.S. district courts: (1) the District of Arizona; (2) the District of New Mexico (3) the Southern District of California (4) the Southern District of Texas; and (5) the Western District of Texas.
Increases criminal penalties for improper U.S. entry by an alien. Excludes minimum mandatory prison penalties for an alien who: (1) is under 18 years old; (2) is a parent traveling with a child under 18 years old; or (3) has a life-threatening health condition.
Amends the Homeland Security Act of 2002 to direct the Domestic Nuclear Detection Office (of DHS), in protecting the United States from a nuclear, fissile material, or radiological attack, to consider potential smuggling routes in land border areas between ports of entry, railcars entering the United States from Canada or Mexico, and private aircraft or small vessels.
Directs the Secretary to procure the number of next generation portable radiation detectors (PRD) and radioactive isotope identification devices (RIID) required by the Border Patrol along the southern and northern U.S. borders by July 1, 2011.
Authorizes appropriations for port security grants.
Directs the Secretary to develop and implement a strategic plan to detect and interdict biological and chemical weapons entering the United States. | To improve border security and to increase prosecutions and penalties for illegal entry into the United States, to prevent and combat the smuggling of weapons of mass destruction into the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Energy Independence and
Domestic Refining Capacity Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Federal Government has a vested interest in
promoting domestic energy independence.
(2) Federal incentives, including public-private
partnerships, tax incentives, loan guarantees, and direct
loans, have been used in the past to help foster private sector
growth in energy related industries.
(3) Demand for refined petroleum products continues to rise
as the economy recovers and developing nations increase their
consumption.
(4) Due to a variety of factors, the refining industry has
seen a number of refinery closures.
(5) These closures leads to a number of difficulties,
including reduction in short-term supply, longer delivery
times, higher prices of goods for consumers, increased cost of
production for businesses, rising home heating prices,
increased importation of gasoline from foreign countries, and
less energy independence.
(6) Reduced refining capacity will only increase pressure
on the industry to manage supply and meet demand, as domestic
refining capacity shifts and contracts.
(7) The location of our refining facilities and
distribution networks is significant.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on Energy Independence and Domestic Refining Capacity'' (in this Act
referred to as the ``Commission'').
SEC. 4. REQUESTING STUDIES.
The President may request the Commission to conduct a study
described in section 5(a) to determine whether the consolidation or
closing of a refinery will result in an adverse decline in the Nation's
domestic refining capacity.
SEC. 5. DUTIES OF THE COMMISSION.
(a) Studies.--Upon receipt of a request under section 4, the
Commission shall conduct a study to examine--
(1) the state of the domestic refining industry, including
the effect of the consolidation or refinery closure on overall
production, domestic economic growth, and national gas prices;
(2) the possibilities for the Federal Government to form
public-private partnerships that would lead to increased
domestic refining capacity;
(3) the potential positive and adverse consequences of
Federal partnerships and incentives on growth within the
industry;
(4) the potential benefits of reinvesting a portion of
revenues from public-private partnerships into energy related
science, technology, engineering, and mathematics education,
and seeding future federally funded energy research; and
(5) the types of Federal incentives that could be used to
maintain domestic refining capacity including--
(A) tax incentives;
(B) loan guarantees;
(C) direct loans;
(D) grants;
(E) land grants;
(F) credits;
(G) cooperative agreements;
(H) preferences; and
(I) other competitions.
(b) Report.--Not later than 3 months after the request for a study,
the Commission shall submit to the President and Congress a written
report of the results of the study conducted under subsection (a).
SEC. 6. DUTIES OF THE SECRETARY.
If the Commission's study finds that a plant consolidation or
closure will have an adverse affect on the Nation's domestic refining
capacity, the Secretary of Energy (in this Act referred to as the
``Secretary'') may offer Federal incentives to prevent the diminishment
of refining capacity. These incentives include--
(1) formation of public-private partnerships to increase
the Nation's refining capacity; and
(2) incentives designed to increase domestic refining
capacity, including the incentives described in section
5(a)(5).
SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Staff.--The Commission may, without regard to section 5311(b)
of title 5, United States Code, appoint and fix the compensation of
such personnel as the Commission considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission may be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that the compensation of any
employee of the Commission may not exceed a rate equal to the annual
rate of basic pay payable for GS-15 of the General Schedule under
section 5332 of title 5, United States Code.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services of experts and consultants under section
3109(b) of title 5, United States Code, but at rates for individuals
not to exceed the daily equivalent of the maximum annual rate of basic
pay under section 5332 of such title.
SEC. 8. MEMBERSHIP.
(a) Number and Appointment.--
(1) Appointment.--The Commission shall be composed of nine
members appointed, not later than 90 days after the date of
enactment of this Act, as follows:
(A) Three members shall be appointed by the
President.
(B) Two members shall be appointed by the Speaker
of the House of Representatives.
(C) One member shall be appointed by the minority
leader of the House of Representatives.
(D) Two members shall be appointed by the President
pro tempore of the Senate.
(E) One member shall be appointed by the minority
leader of the Senate.
(2) Qualifications.--All members of the Commission shall be
persons who are especially qualified to serve on the Commission
by virtue of their education, training, or experience,
particularly in the fields of scientific research and
commercialization.
(b) Terms.--Each member shall be appointed for the life of the
Commission.
(c) Vacancies.--A vacancy in the Commission shall not affect the
powers of the Commission and shall be filled in the same manner in
which the original appointment was made.
(d) Compensation.--Members of the Commission shall be awarded
compensation as follows:
(1) Rates of pay.--Except as provided in paragraph (2),
members shall each be paid at a rate equal to the daily
equivalent of the annual rate of basic pay for grade GS-15 of
the General Schedule for each day (including travel time)
during which they are engaged in the actual performance of
duties vested in the Commission.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(3) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(e) Quorum.--Four members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(f) Chair; Vice Chair.--The Commission shall elect a Chair and Vice
Chair from among its members. The term of office of the Chair and Vice
Chair shall be for the life of the Commission.
(g) Meetings.--The Commission shall meet at the call of the
President not later than 120 days after the date of enactment of this
Act or not later than 30 days after the date on which legislation is
enacted making appropriations available to carry out this Act,
whichever date is later.
SEC. 9. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence relating to any matter under
investigation by the Commission. The Commission may refer requests for
testimony or evidence that are not fulfilled to the Committee on
Oversight and Government Reform of the House of Representatives or the
Committee on Homeland Security and Governmental Affairs of the Senate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the Chair
or Vice Chair of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Administrative Support Services.--The Commission may enter into
agreements with the Administrator of General Services for procurement
of financial and administrative services necessary for the discharge of
the duties of the Commission. Payment for such services shall be made
by reimbursement from funds of the Commission in such amounts as may be
agreed upon by the Chair of the Commission and the Administrator of
General Services.
(e) Contract Authority.--To the extent or in the amounts provided
in advance in appropriation Acts, the Commission may contract with and
compensate government and private agencies or persons for supplies,
services, and property.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 to carry out
this Act. | American Energy Independence and Domestic Refining Capacity Act - Establishes the Commission on Energy Independence and Domestic Refining Capacity, which shall, at the request of the President, conduct a study to determine whether the consolidation or closing of a refinery will result in an adverse decline in the nation's domestic refining capacity.
Requires that such study examine: (1) the state of the domestic refining industry, including the effect of the consolidation or refinery closure on overall production, domestic economic growth, and national gas prices; (2) the possibilities for the federal government to form public-private partnerships that would lead to increased domestic refining capacity; (3) the potential positive and adverse consequences of federal partnerships and incentives on growth within the industry; (4) the potential benefits of reinvesting a portion of revenues from public-private partnerships into energy related science, technology, engineering, and mathematics education, and seeding future federally funded energy research; and (5) the types of federal incentives that could be used to maintain domestic refining capacity.
Requires the Commission to report the results of such study within three months after it is requested. Authorizes the Secretary of Energy (DOE), if the study finds that a plant consolidation or closure will have an adverse effect on the nation's domestic refining capacity, to offer federal incentives to prevent the diminishment of refining capacity. | To enable the Department of Energy and a Commission on Energy Independence and Domestic Refining Capacity the ability to study, recommend, and implement Federal incentive packages that would sustain and increase domestic refining capacity. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Pain Care
Policy Act of 2009''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Institute of Medicine Conference on Pain.
Sec. 3. Pain research at National Institutes of Health.
Sec. 4. Pain care education and training.
Sec. 5. Public awareness campaign on pain management.
SEC. 2. INSTITUTE OF MEDICINE CONFERENCE ON PAIN.
(a) Convening.--Not later than June 30, 2010, the Secretary of
Health and Human Services shall seek to enter into an agreement with
the Institute of Medicine of the National Academies to convene a
Conference on Pain (in this section referred to as ``the Conference'').
(b) Purposes.--The purposes of the Conference shall be to--
(1) increase the recognition of pain as a significant
public health problem in the United States;
(2) evaluate the adequacy of assessment, diagnosis,
treatment, and management of acute and chronic pain in the
general population, and in identified racial, ethnic, gender,
age, and other demographic groups that may be
disproportionately affected by inadequacies in the assessment,
diagnosis, treatment, and management of pain;
(3) identify barriers to appropriate pain care, including--
(A) lack of understanding and education among
employers, patients, health care providers, regulators,
and third-party payors;
(B) barriers to access to care at the primary,
specialty, and tertiary care levels, including
barriers--
(i) specific to those populations that are
disproportionately undertreated for pain;
(ii) related to physician concerns over
regulatory and law enforcement policies
applicable to some pain therapies; and
(iii) attributable to benefit, coverage,
and payment policies in both the public and
private sectors; and
(C) gaps in basic and clinical research on the
symptoms and causes of pain, and potential assessment
methods and new treatments to improve pain care; and
(4) establish an agenda for action in both the public and
private sectors that will reduce such barriers and
significantly improve the state of pain care research,
education, and clinical care in the United States.
(c) Other Appropriate Entity.--If the Institute of Medicine
declines to enter into an agreement under subsection (a), the Secretary
of Health and Human Services may enter into such agreement with another
appropriate entity.
(d) Report.--A report summarizing the Conference's findings and
recommendations shall be submitted to the Congress not later than June
30, 2011.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $500,000 for
each of fiscal years 2010 and 2011.
SEC. 3. PAIN RESEARCH AT NATIONAL INSTITUTES OF HEALTH.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409J. PAIN RESEARCH.
``(a) Research Initiatives.--
``(1) In general.--The Director of NIH is encouraged to
continue and expand, through the Pain Consortium, an aggressive
program of basic and clinical research on the causes of and
potential treatments for pain.
``(2) Annual recommendations.--Not less than annually, the
Pain Consortium, in consultation with the Division of Program
Coordination, Planning, and Strategic Initiatives, shall
develop and submit to the Director of NIH recommendations on
appropriate pain research initiatives that could be undertaken
with funds reserved under section 402A(c)(1) for the Common
Fund or otherwise available for such initiatives.
``(3) Definition.--In this subsection, the term `Pain
Consortium' means the Pain Consortium of the National
Institutes of Health or a similar trans-National Institutes of
Health coordinating entity designated by the Secretary for
purposes of this subsection.
``(b) Interagency Pain Research Coordinating Committee.--
``(1) Establishment.--The Secretary shall establish not
later than 1 year after the date of the enactment of this
section and as necessary maintain a committee, to be known as
the Interagency Pain Research Coordinating Committee (in this
section referred to as the `Committee'), to coordinate all
efforts within the Department of Health and Human Services and
other Federal agencies that relate to pain research.
``(2) Membership.--
``(A) In general.--The Committee shall be composed
of the following voting members:
``(i) Not more than 7 voting Federal
representatives as follows:
``(I) The Director of the Centers
for Disease Control and Prevention.
``(II) The Director of the National
Institutes of Health and the directors
of such national research institutes
and national centers as the Secretary
determines appropriate.
``(III) The heads of such other
agencies of the Department of Health
and Human Services as the Secretary
determines appropriate.
``(IV) Representatives of other
Federal agencies that conduct or
support pain care research and
treatment, including the Department of
Defense and the Department of Veterans
Affairs.
``(ii) 12 additional voting members
appointed under subparagraph (B).
``(B) Additional members.--The Committee shall
include additional voting members appointed by the
Secretary as follows:
``(i) 6 members shall be appointed from
among scientists, physicians, and other health
professionals, who--
``(I) are not officers or employees
of the United States;
``(II) represent multiple
disciplines, including clinical, basic,
and public health sciences;
``(III) represent different
geographical regions of the United
States; and
``(IV) are from practice settings,
academia, manufacturers or other
research settings; and
``(ii) 6 members shall be appointed from
members of the general public, who are
representatives of leading research, advocacy,
and service organizations for individuals with
pain-related conditions.
``(C) Nonvoting members.--The Committee shall
include such nonvoting members as the Secretary
determines to be appropriate.
``(3) Chairperson.--The voting members of the Committee
shall select a chairperson from among such members. The
selection of a chairperson shall be subject to the approval of
the Director of NIH.
``(4) Meetings.--The Committee shall meet at the call of
the chairperson of the Committee or upon the request of the
Director of NIH, but in no case less often than once each year.
``(5) Duties.--The Committee shall--
``(A) develop a summary of advances in pain care
research supported or conducted by the Federal agencies
relevant to the diagnosis, prevention, and treatment of
pain and diseases and disorders associated with pain;
``(B) identify critical gaps in basic and clinical
research on the symptoms and causes of pain;
``(C) make recommendations to ensure that the
activities of the National Institutes of Health and
other Federal agencies, including the Department of
Defense and the Department of Veteran Affairs, are free
of unnecessary duplication of effort;
``(D) make recommendations on how best to
disseminate information on pain care; and
``(E) make recommendations on how to expand
partnerships between public entities, including Federal
agencies, and private entities to expand collaborative,
cross-cutting research.
``(6) Review.--The Secretary shall review the necessity of
the Committee at least once every 2 years.''.
SEC. 4. PAIN CARE EDUCATION AND TRAINING.
Part D of title VII of the Public Health Service Act (42 U.S.C. 294
et seq.) is amended by adding at the end the following new section:
``SEC. 759. PROGRAM FOR EDUCATION AND TRAINING IN PAIN CARE.
``(a) In General.--The Secretary may make awards of grants,
cooperative agreements, and contracts to health professions schools,
hospices, and other public and private entities for the development and
implementation of programs to provide education and training to health
care professionals in pain care.
``(b) Priorities.--In making awards under subsection (a), the
Secretary shall give priority to awards for the implementation of
programs under such subsection.
``(c) Certain Topics.--An award may be made under subsection (a)
only if the applicant for the award agrees that the program carried out
with the award will include information and education on--
``(1) recognized means for assessing, diagnosing, treating,
and managing pain and related signs and symptoms, including the
medically appropriate use of controlled substances;
``(2) applicable laws, regulations, rules, and policies on
controlled substances, including the degree to which
misconceptions and concerns regarding such laws, regulations,
rules, and policies, or the enforcement thereof, may create
barriers to patient access to appropriate and effective pain
care;
``(3) interdisciplinary approaches to the delivery of pain
care, including delivery through specialized centers providing
comprehensive pain care treatment expertise;
``(4) cultural, linguistic, literacy, geographic, and other
barriers to care in underserved populations; and
``(5) recent findings, developments, and improvements in
the provision of pain care.
``(d) Program Sites.--Education and training under subsection (a)
may be provided at or through health professions schools, residency
training programs, and other graduate programs in the health
professions; entities that provide continuing education in medicine,
pain management, dentistry, psychology, social work, nursing, and
pharmacy; hospices; and such other programs or sites as the Secretary
determines to be appropriate.
``(e) Evaluation of Programs.--The Secretary shall (directly or
through grants or contracts) provide for the evaluation of programs
implemented under subsection (a) in order to determine the effect of
such programs on knowledge and practice of pain care.
``(f) Peer Review Groups.--In carrying out section 799(f) with
respect to this section, the Secretary shall ensure that the membership
of each peer review group involved includes individuals with expertise
and experience in pain care.
``(g) Pain Care Defined.--For purposes of this section the term
`pain care' means the assessment, diagnosis, treatment, or management
of acute or chronic pain regardless of causation or body location.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for each of the
fiscal years 2010 through 2012. Amounts appropriated under this
subsection shall remain available until expended.''.
SEC. 5. PUBLIC AWARENESS CAMPAIGN ON PAIN MANAGEMENT.
Part B of title II of the Public Health Service Act (42 U.S.C. 238
et seq.) is amended by adding at the end the following:
``SEC. 249. NATIONAL EDUCATION OUTREACH AND AWARENESS CAMPAIGN ON PAIN
MANAGEMENT.
``(a) Establishment.--Not later than June 30, 2010, the Secretary
shall establish and implement a national pain care education outreach
and awareness campaign described in subsection (b).
``(b) Requirements.--The Secretary shall design the public
awareness campaign under this section to educate consumers, patients,
their families, and other caregivers with respect to--
``(1) the incidence and importance of pain as a national
public health problem;
``(2) the adverse physical, psychological, emotional,
societal, and financial consequences that can result if pain is
not appropriately assessed, diagnosed, treated, or managed;
``(3) the availability, benefits, and risks of all pain
treatment and management options;
``(4) having pain promptly assessed, appropriately
diagnosed, treated, and managed, and regularly reassessed with
treatment adjusted as needed;
``(5) the role of credentialed pain management specialists
and subspecialists, and of comprehensive interdisciplinary
centers of treatment expertise;
``(6) the availability in the public, nonprofit, and
private sectors of pain management-related information,
services, and resources for consumers, employers, third-party
payors, patients, their families, and caregivers, including
information on--
``(A) appropriate assessment, diagnosis, treatment,
and management options for all types of pain and pain-
related symptoms; and
``(B) conditions for which no treatment options are
yet recognized; and
``(7) other issues the Secretary deems appropriate.
``(c) Consultation.--In designing and implementing the public
awareness campaign required by this section, the Secretary shall
consult with organizations representing patients in pain and other
consumers, employers, physicians including physicians specializing in
pain care, other pain management professionals, medical device
manufacturers, and pharmaceutical companies.
``(d) Coordination.--
``(1) Lead official.--The Secretary shall designate one
official in the Department of Health and Human Services to
oversee the campaign established under this section.
``(2) Agency coordination.--The Secretary shall ensure the
involvement in the public awareness campaign under this section
of the Surgeon General of the Public Health Service, the
Director of the Centers for Disease Control and Prevention, and
such other representatives of offices and agencies of the
Department of Health and Human Services as the Secretary
determines appropriate.
``(e) Underserved Areas and Populations.--In designing the public
awareness campaign under this section, the Secretary shall--
``(1) take into account the special needs of geographic
areas and racial, ethnic, gender, age, and other demographic
groups that are currently underserved; and
``(2) provide resources that will reduce disparities in
access to appropriate diagnosis, assessment, and treatment.
``(f) Grants and Contracts.--The Secretary may make awards of
grants, cooperative agreements, and contracts to public agencies and
private nonprofit organizations to assist with the development and
implementation of the public awareness campaign under this section.
``(g) Evaluation and Report.--Not later than the end of fiscal year
2012, the Secretary shall prepare and submit to the Congress a report
evaluating the effectiveness of the public awareness campaign under
this section in educating the general public with respect to the
matters described in subsection (b).
``(h) Authorization of Appropriations.--For purposes of carrying
out this section, there are authorized to be appropriated $2,000,000
for fiscal year 2010 and $4,000,000 for each of fiscal years 2011 and
2012.''. | National Pain Care Policy Act of 2009 - Requires the Secretary of Health and Human Services to seek an agreement with the Institute of Medicine to convene a Conference on Pain to: (1) increase the recognition of pain as a significant public health problem in the United States; (2) evaluate the adequacy of assessment, diagnosis, treatment, and management of acute and chronic pain; (3) identify barriers to appropriate pain care; and (4) establish an agenda to reduce such barriers and significantly improve the state of pain care research, education, and clinical care in the United States. Allows the Secretary to enter into an agreement with another appropriate entity if the Institute of Medicine declines.
Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to continue and expand, through the Pain Consortium, an aggressive program of basic and clinical research on the causes of and potential treatments for pain. Requires the Pain Consortium to develop and make recommendations on appropriate pain research initiatives.
Requires the Secretary to establish the Interagency Pain Research Coordinating Committee to: (1) develop a summary of advances in federal pain care research relevant to the diagnosis, prevention, and treatment of pain and diseases and disorders associated with pain; and (2) identify critical gaps in basic and clinical research on the symptoms and causes of pain.
Allows the Secretary to provide for education and training to health care professionals in pain care.
Requires the Secretary to establish and implement a national pain care education outreach and awareness campaign to educate consumers, patients, their families, and other caregivers. | A bill to amend the Public Health Service Act with respect to pain care. |
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-i-n-t-e-n-d-e-d---
-`-`-(-A-) -t-o -i-n-t-i-m-i-d-a-t-e -o-r
-c-o-e-r-c-e -a -c-i-v-i-l-i-a-n
-p-o-p-u-l-a-t-i-o-n-;
-`-`-(-B-) -t-o -i-n-f-l-u-e-n-c-e -t-h-e
-p-o-l-i-c-y -o-f -a -g-o-v-e-r-n-m-e-n-t -b-y
-i-n-t-i-m-i-d-a-t-i-o-n -o-r
-c-o-e-r-c-i-o-n-; -o-r
-`-`-(-C-) -t-o -a-f-f-e-c-t -t-h-e
-c-o-n-d-u-c-t -o-f -a -g-o-v-e-r-n-m-e-n-t
-b-y -a-s-s-a-s-s-i-n-a-t-i-o-n -o-r
-k-i-d-n-a-p-p-i-n-g-.
-`-`-(-g-) -T-h-e -t-e-r-m -`-p-e-r-m-a-n-e-n-t
-r-e-s-i-d-e-n-t -a-l-i-e-n-' -m-e-a-n-s -a-n -a-l-i-e-n -w-h-o
-h-a-s -b-e-e-n -l-a-w-f-u-l-l-y -a-d-m-i-t-t-e-d -t-o -t-h-e
-U-n-i-t-e-d -S-t-a-t-e-s -f-o-r -p-e-r-m-a-n-e-n-t
-r-e-s-i-d-e-n-c-e-.-'-'-.
-(-b-) -A-d-d-i-t-i-o-n-a-l -E-x-c-e-p-t-i-o-n -t-o -F-o-r-e-i-g-n
-S-t-a-t-e -I-m-m-u-n-i-t-y-.----S-e-c-t-i-o-n -1-6-0-5-(-a-) -o-f
-t-i-t-l-e -2-8-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -i-s
-a-m-e-n-d-e-d---
-(-1-) -b-y -s-t-r-i-k-i-n-g -`-`-o-r-'-' -a-t -t-h-e
-e-n-d -o-f -p-a-r-a-g-r-a-p-h -(-5-)-;
-(-2-) -b-y -s-t-r-i-k-i-n-g -t-h-e -p-e-r-i-o-d -a-t
-t-h-e -e-n-d -o-f -p-a-r-a-g-r-a-p-h -(-6-) -a-n-d
-i-n-s-e-r-t-i-n-g -`-`-; -o-r-'-'-; -a-n-d
-(-3-) -b-y -a-d-d-i-n-g -a-t -t-h-e -e-n-d -t-h-e
-f-o-l-l-o-w-i-n-g -n-e-w -p-a-r-a-g-r-a-p-h-:
-`-`-(-7-) -i-n -w-h-i-c-h -t-h-e -a-c-t-i-o-n -i-s
-b-a-s-e-d -u-p-o-n -a-n -a-c-t -o-f -i-n-t-e-r-n-a-t-i-o-n-a-l
-t-e-r-r-o-r-i-s-m---
-`-`-(-A-) -w-i-t-h-i-n -t-h-e -U-n-i-t-e-d
-S-t-a-t-e-s-, -o-r
-`-`-(-B-) -o-u-t-s-i-d-e -t-h-e -U-n-i-t-e-d
-S-t-a-t-e-s -i-f -m-o-n-e-y -d-a-m-a-g-e-s -a-r-e
-s-o-u-g-h-t -a-g-a-i-n-s-t -a -f-o-r-e-i-g-n
-s-t-a-t-e -f-o-r -p-e-r-s-o-n-a-l -i-n-j-u-r-y -o-r
-d-e-a-t-h -t-o -a -U-n-i-t-e-d -S-t-a-t-e-s
-c-i-t-i-z-e-n -o-r -p-e-r-m-a-n-e-n-t -r-e-s-i-d-e-n-t
-a-l-i-e-n-,
-w-h-i-c-h -a-c-t -o-c-c-u-r-r-e-d -n-o-t -m-o-r-e -t-h-a-n -6
-y-e-a-r-s -p-r-e-v-i-o-u-s-l-y -a-n-d -w-h-i-c-h -w-a-s
-c-o-m-m-i-t-t-e-d -o-r -a-i-d-e-d -o-r -a-b-e-t-t-e-d -b-y -a
-f-o-r-e-i-g-n -s-t-a-t-e -t-h-a-t -w-a-s -d-e-s-i-g-n-a-t-e-d
-b-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f -S-t-a-t-e -a-s -a
-s-t-a-t-e -r-e-p-e-a-t-e-d-l-y -p-r-o-v-i-d-i-n-g
-s-u-p-p-o-r-t -f-o-r -a-c-t-s -o-f -i-n-t-e-r-n-a-t-i-o-n-a-l
-t-e-r-r-o-r-i-s-m -u-n-d-e-r -s-e-c-t-i-o-n -4-0-(-d-) -o-f
-t-h-e -A-r-m-s -E-x-p-o-r-t -C-o-n-t-r-o-l -A-c-t-.-'-'-.
-(-c-) -P-r-o-p-e-r-t-y -S-u-b-j-e-c-t -t-o -E-x-e-c-u-t-i-o-n
-U-p-o-n -a -J-u-d-g-m-e-n-t-.----S-e-c-t-i-o-n -1-6-1-0-(-a-) -o-f
-t-i-t-l-e -2-8-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -i-s
-a-m-e-n-d-e-d---
-(-1-) -b-y -s-t-r-i-k-i-n-g -`-`-o-r-'-' -a-t -t-h-e
-e-n-d -o-f -p-a-r-a-g-r-a-p-h -(-5-)-;
-(-2-) -b-y -s-t-r-i-k-i-n-g -t-h-e -p-e-r-i-o-d -a-t
-t-h-e -e-n-d -o-f -p-a-r-a-g-r-a-p-h -(-6-) -a-n-d
-i-n-s-e-r-t-i-n-g -`-`-; -o-r-'-'-; -a-n-d
-(-3-) -b-y -a-d-d-i-n-g -a-t -t-h-e -e-n-d -t-h-e
-f-o-l-l-o-w-i-n-g -n-e-w -p-a-r-a-g-r-a-p-h-:
-`-`-(-7-) -t-h-e -e-x-e-c-u-t-i-o-n -r-e-l-a-t-e-s -t-o -a
-j-u-d-g-m-e-n-t -e-n-t-e-r-e-d -i-n -a -c-a-s-e -b-a-s-e-d
-u-p-o-n -a-n -a-c-t -o-f -i-n-t-e-r-n-a-t-i-o-n-a-l
-t-e-r-r-o-r-i-s-m---
-`-`-(-A-) -w-i-t-h-i-n -t-h-e -U-n-i-t-e-d
-S-t-a-t-e-s-, -o-r
-`-`-(-B-) -o-u-t-s-i-d-e -t-h-e -U-n-i-t-e-d
-S-t-a-t-e-s -i-f -m-o-n-e-y -d-a-m-a-g-e-s -a-r-e
-s-o-u-g-h-t -a-g-a-i-n-s-t -a -f-o-r-e-i-g-n
-s-t-a-t-e -f-o-r -p-e-r-s-o-n-a-l -i-n-j-u-r-y -o-r
-d-e-a-t-h -t-o -a -U-n-i-t-e-d -S-t-a-t-e-s
-c-i-t-i-z-e-n -o-r -p-e-r-m-a-n-e-n-t -r-e-s-i-d-e-n-t
-a-l-i-e-n-,
-w-h-i-c-h -a-c-t -o-c-c-u-r-r-e-d -n-o-t -m-o-r-e -t-h-a-n -6
-y-e-a-r-s -p-r-e-v-i-o-u-s-l-y -a-n-d -w-h-i-c-h -w-a-s
-c-o-m-m-i-t-t-e-d -o-r -a-i-d-e-d -o-r -a-b-e-t-t-e-d -b-y -a
-f-o-r-e-i-g-n -s-t-a-t-e -t-h-a-t -w-a-s -d-e-s-i-g-n-a-t-e-d
-b-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f -S-t-a-t-e -a-s -a
-s-t-a-t-e -r-e-p-e-a-t-e-d-l-y -p-r-o-v-i-d-i-n-g
-s-u-p-p-o-r-t -f-o-r -a-c-t-s -o-f -i-n-t-e-r-n-a-t-i-o-n-a-l
-t-e-r-r-o-r-i-s-m -u-n-d-e-r -s-e-c-t-i-o-n -4-0-(-d-) -o-f
-t-h-e -A-r-m-s -E-x-p-o-r-t -C-o-n-t-r-o-l -A-c-t-.-'-'-.
-(-d-) -A-t-t-a-c-h-m-e-n-t -o-f -P-r-o-p-e-r-t-y -P-r-i-o-r -t-o
-E-n-t-r-y -o-f -J-u-d-g-m-e-n-t-.----S-e-c-t-i-o-n -1-6-1-0-(-d-) -o-f
-t-i-t-l-e -2-8-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -i-s
-a-m-e-n-d-e-d---
-(-1-) -b-y -r-e-d-e-s-i-g-n-a-t-i-n-g -p-a-r-a-g-r-a-p-h
-(-1-) -a-s -p-a-r-a-g-r-a-p-h -(-1-)-(-A-)-;
-(-2-) -b-y -s-t-r-i-k-i-n-g -`-`-a-n-d-'-' -a-t -t-h-e
-e-n-d -o-f -p-a-r-a-g-r-a-p-h -(-1-)-(-A-) -a-n-d
-i-n-s-e-r-t-i-n-g -`-`-o-r-'-'-; -a-n-d
-(-3-) -b-y -i-n-s-e-r-t-i-n-g -a-f-t-e-r
-p-a-r-a-g-r-a-p-h -(-1-)-(-A-) -t-h-e -f-o-l-l-o-w-i-n-g-:
-`-`-(-B-) -t-h-e -f-o-r-e-i-g-n -s-t-a-t-e -i-s -n-o-t
-i-m-m-u-n-e -f-r-o-m -j-u-r-i-s-d-i-c-t-i-o-n -b-y
-v-i-r-t-u-e -o-f -t-h-e -o-p-e-r-a-t-i-o-n -o-f -s-e-c-t-i-o-n
-1-6-0-5-(-7-)-; -a-n-d-'-'-.
SECTION 1. EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY FOR CERTAIN CASES
INVOLVING TORTURE, EXTRAJUDICIAL KILLING, AIRCRAFT
SABOTAGE, HOSTAGE TAKING, OR GENOCIDE IN A FOREIGN STATE.
Section 1605(a) of title 28, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting in lieu thereof ``; or''; and
(3) by adding at the end thereof the following new
paragraph:
``(7) not otherwise encompassed in paragraph (2), in which
money damages are sought against a foreign state for personal
injury or death of a United States citizen and caused by the
torture or extrajudicial killing of that citizen, or by an act
of aircraft sabotage, hostage taking, or genocide committed
against that citizen, by such foreign state or by any official,
employee, or agent of such foreign state while acting within
the scope of his or her office, employment, or agency, except
that--
``(A) an action under this paragraph shall not be
maintained unless the individual whose injury or death
gave rise to the action was a United States citizen at
the time the conduct causing such injury or death
occurred;
``(B) the court shall decline to hear a claim under
this paragraph if the claimant has not exhausted
adequate and available remedies in the place in which
the conduct giving rise to the claim occurred and has
not afforded the foreign state an opportunity to
arbitrate the claim before an international tribunal in
accordance with international standards; and
``(C) an action under this paragraph shall not be
maintained unless--
``(i) the action is brought within 10 years
after the cause of action accrues; or
``(ii) the cause of action is based on an
act of genocide occurring more than 10 years
before the date of the enactment of this
paragraph and the action is brought within 18
months after such date.
For purposes of paragraph (7), the terms `torture' and `extrajudicial
killing' have the meanings given those terms in section 3 of the
Torture Victim Protection Act of 1991, the term `hostage taking' has
the meaning given it in Article 1 of the International Convention
Against the Taking of Hostages, the term `aircraft sabotage' has the
meaning given it in Article 1 of the Convention for the Suppression of
Unlawful Acts Against the Safety of Civil Aviation, and the term `act
of genocide' means conduct that would be a violation of section 1091 of
title 18 if committed in the United States.''.
SEC. 2. EXCEPTION TO IMMUNITY FROM ATTACHMENT.
(a) Foreign State.--Section 1610(a) of title 28, United States
Code, is amended--
(1) by striking the period at the end of paragraph (6) and
inserting in lieu thereof ``, or''; and
(2) by adding at the end thereof the following new
paragraph:
``(7) the judgment relates to a claim for which the foreign
state is not immune by virtue of section 1605(a)(7), regardless
of whether the property is or was involved in the act upon
which the claim is based.''.
(b) Agency or Instrumentality.--Section 1610(b)(2) of such title is
amended--
(1) by striking ``or (5)'' and inserting in lieu thereof
``(5), or (7)''; and
(2) by striking ``used for the activity'' and inserting in
lieu thereof ``involved in the act''.
SEC. 3. APPLICABILITY.
The amendments made by this Act shall apply to any cause of action
arising before, on, or after the date of the enactment of this Act. | Amends the Federal judicial code to make an exception to the jurisdictional immunity of a foreign state in any case in which money damages are sought for personal injury or death of a U.S. citizen caused by the torture or extrajudicial killing of that citizen, or by an act of aircraft sabotage, hostage taking, or genocide committed against that citizen by such state or any agent of such state acting within the scope of office, employment, or agency.
Specifies that: (1) such an action shall not be maintained unless the individual was a U.S. citizen at the time the conduct causing such injury or death occurred and unless the action is brought within ten years, or where the cause of action is based on an act of genocide occurring more than ten years before this Act's enactment date, within 18 months after such date; and (2) the court shall decline to hear a claim under this Act if the claimant has not exhausted adequate and available remedies in the place in which the conduct giving rise to the claim occurred and has not afforded the foreign state an opportunity to arbitrate the claim before an international tribunal in accordance with international standards.
Makes an exception to the immunity of the property of a foreign state used in the United States for commercial activity from attachment or execution if a judgment entered by a court of the United States or of a State relates to a claim for which, by virtue of this Act, the foreign state, agency, or instrumentality is not immune, regardless of whether the property is or was involved in the act upon which the claim is based. | A bill to amend title 28 of the United States Code to permit a foreign state to be subject to the jurisdiction of Federal or State courts in any case involving an act of international terrorism. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honor Thy Parents Act of 2002''.
SEC. 2. FREEZE AND REPEAL OF PORTIONS OF THE TAX CUT ENACTED IN THE
ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT OF
2001.
(a) Freeze in Reductions of Top 3 Income Tax Rates for
Individuals.--The table in paragraph (2) of section 1(i) of the
Internal Revenue Code of 1986 (relating to reductions in rates after
June 30, 2001) is amended to read as follows:
------------------------------------------------------------------------
The corresponding percentages shall
``In the case of be substituted for the following
taxable years percentages:
beginning during -------------------------------------
calendar year: 28% 31% 36% 39.6%
------------------------------------------------------------------------
2001.............. 27.5% 30.5% 35.5% 39.1%
2002 and 2003..... 27.0% 30.0% 35.0% 38.6%
2004 and 2005..... 26.0% 30.0% 35.0% 38.6%
2006 and 25.0% 30.0% 35.0% 38.6%.''.
thereafter.
------------------------------------------------------------------------
(b) Repeal of Modifications to Phaseout of Personal Exemptions and
Overall Limitation on Itemized Deductions.--Sections 102 and 103 of the
Economic Growth and Tax Relief Reconciliation Act of 2001 (and the
amendments made by such sections) are hereby repealed and the Internal
Revenue Code of 1986 shall be applied and administered as if such
sections had never been enacted.
(c) Repeal of Certain Estate, Gift, and Generation-Skipping
Transfer Tax Provisions.--
(1) In general.--The following provisions of title V of the
Economic Growth and Tax Relief Reconciliation Act of 2001 (and
the amendments made by such subtitle) are hereby repealed and
the Internal Revenue Code of 1986 shall be applied and
administered as if such provisions had never been enacted:
(A) Subtitle A.
(B) Subsections (c), (d), (e), (f)(2), and (f)(3)
of section 511.
(C) Subsections (b)(2) and (e)(2) of section 521.
(D) Subtitle E.
(2) Increase in applicable exclusion amount.--Subsection
(c) of section 2010 of the Internal Revenue Code of 1986
(relating to applicable credit amount) is amended by striking
the table and inserting the following new table:
``In the case of estates of decedents
The applicable
dying during:
exclusion amount is:
2002 and 2003...................... $1,000,000
2004 and 2005...................... $1,500,000
2006, 2007, and 2008............... $2,000,000
2009............................... $3,500,000
2010 and thereafter................ $4,000,000.''.
(3) Conforming amendment.--Section 521(e) of the Economic
Growth and Tax Relief Reconciliation Act of 2001 (as amended by
paragraph (1)) is further amended--
(A) in paragraph (1) by striking ``paragraphs (2)
and (3)'' and inserting ``paragraph (2)'', and
(B) by redesignating paragraph (3) as paragraph
(2).
SEC. 3. TRANSFER OF SAVINGS TO MEDICARE PROGRAM TO OFFSET COSTS OF
PRESCRIPTION DRUG BENEFIT.
(a) Transfer to Federal Hospital Insurance Trust Fund.--Section
1817(a) of the Social Security Act (42 U.S.C. 1395i(a)) is amended--
(1) by striking ``and'' at the end of paragraph (1),
(2) by striking the period at the end of paragraph (2) and
inserting ``; and'', and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) amounts estimated by the Secretary of the Treasury
that would have been paid from the general fund of the Treasury
but for the amendments and repeals made by section 2 of the
Honor Thy Parents Act of 2002.''.
(b) Establishment of Separate Account for Outpatient Prescription
Drug Benefit.--Section 1817 of such Act (42 U.S.C. 1395i) is amended by
adding at the end the following new subsection:
``(l) Outpatient Prescription Drug Account.--
``(1) Establishment.--There is hereby established in the
Trust Fund an expenditure account to be known as the
`Outpatient Prescription Drug Account'.
``(2) Crediting of funds.--The Managing Trustee shall
credit to the Outpatient Prescription Drug Account such amounts
as may be deposited in the Trust Fund pursuant to subsection
(a)(3).
``(3) Use of funds.--Funds credited to the Outpatient
Prescription Drug Account may only be used to pay for
outpatient prescription drugs furnished under this title.''. | Honor Thy Parents Act of 2002 - Freezes and repeals elements of the tax cut enacted under the Economic Growth and Tax Relief Reconciliation Act of 2001 by: (1) freezing reductions of the top three income tax rates for individuals; and (2) repealing provisions of the Act that repealed the phaseout out of personal exemptions, the phaseout of the overall limitation on itemized deductions, and certain estate, gift, and generation-skipping transfer taxes.Applies the savings to the Federal Hospital Insurance Trust Fund and establishes a separate "Outpatient Prescription Drug Account" to be used for outpatient prescription drug benefits. | To freeze and repeal portions of the tax cut enacted in the Economic Growth and Tax Relief Reconciliation Act of 2001 and to apply savings therefrom to a comprehensive Medicare outpatient prescription drug benefit. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Environmental Cleanup Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the lack of environmental pollution controls in foreign
countries provides a huge cost savings for foreign
manufacturers and agricultural producers, which provide them
with an unfair competitive advantage in the global marketplace;
(2) air and water pollution, including pollution of the
oceans, by foreign countries is a direct threat to United
States citizens and undermines United States environmental
efforts;
(3) the United States is the largest export market for the
worst international polluters; and
(4) a Global Cleanup Fund that takes a portion of the
foreign assistance funds allocated to each foreign country with
pollution control standards less stringent than those of the
United States and uses those funds to make loans to that
country in order to finance the purchase of pollution control
equipment and services from the United States--
(A) would not impose additional costs on United
States taxpayers,
(B) would result in increased employment in the
United States, and
(C) would promote international environmental
efforts by establishing environmental responsibility as
a clear United States foreign policy priority.
SEC. 3. ANNUAL COUNTRY REPORTS ON POLLUTION PREVENTION PRACTICES.
(a) Requirement for Reports.--The Secretary of State shall prepare
a detailed annual report regarding the environmental protection
requirements of each foreign country with respect to air quality, water
quality, and disposal of hazardous and solid wastes. For each foreign
country, each such report shall--
(1) describe the air quality, water quality, and hazardous
and solid waste disposal conditions in that country;
(2) describe the laws, policies, and practices of the
government of that country with respect to air quality, water
quality, and hazardous and solid waste disposal; and
(3) include a determination by the Secretary of State, made
after consultation with Administrator of the Environmental
Protection Agency, of whether those laws, policies, and
practices are adequately enforced to protect the local
environment from damaging industrial practices.
(b) Use of Reports.--Not later than January 31 each year, the
Secretary of State shall submit a copy of the report required by
subsection (a) to--
(1) the Congress;
(2) the United States Trade Representative, who shall
consider the information and determinations contained in such
report in carrying out trade negotiations; and
(3) the head of each agency of the United States Government
that is involved in foreign assistance programs, who shall
consider the information and determinations contained in such
report in determining which countries will receive foreign
assistance.
SEC. 4. GLOBAL CLEANUP FUND.
(a) Countries to Which Section Applies.--This section applies with
respect to any country for which United States foreign assistance funds
are allocated for a fiscal year unless the Secretary of State, after
consultation with Administrator of the Environmental Protection Agency,
determines that that country, through its laws, policies, and
practices, assures compliance with pollution control standards with
respect to air quality, water quality, and disposal of hazardous and
solid wastes and promotes the protection of the local environment from
damaging industrial practices.
(b) Use of Foreign Assistance Funds To Finance the Acquisition of
United States Environmental Protection Goods and Services.--
Notwithstanding any other provision of law, the President shall use 20
percent of the aggregate amount of foreign assistance funds allocated
each fiscal year for a country described in subsection (a)--
(1) to make loans to the government of that country, on
such terms and conditions as the President determines, to
enable it to purchase United States pollution control products
and services; and
(2) for administrative expenses in carrying out this
section.
(c) Annual Report to Congress.--Each year, the President shall
submit to the Committee on Government Operations of the House of
Representatives and the Committee on Governmental Affairs of the Senate
a report with respect to implementation of this section during the
preceding fiscal year. Each such report--
(1) shall set forth the amount made available for loans to
each country under this section;
(2) shall describe the loans made;
(3) shall describe the use of United States pollution
control products and services purchased by each such country as
a result of loans; and
(4) shall describe the status of pollution control efforts
in each such country.
SEC. 5. INTERNATIONAL FINANCIAL INSTITUTION LOANS TO COUNTRIES THAT DO
NOT ENFORCE ENVIRONMENTAL STANDARDS TO PROTECT LOCAL
ENVIRONMENTS FROM DAMAGING INDUSTRIAL PRACTICES.
(a) The Secretary of the Treasury shall instruct the United States
Executive Director of each international financial institution to use
the voice and vote of the United States to oppose any proposed lending
by that institution unless the Secretary of State, after consultation
with the Administrator of the Environmental Protection Agency,
determines that--
(1) the borrowing country, through its laws, policies, and
practices, adequately and constructively assures compliance
with pollution control standards with respect to air quality,
water quality, and disposal of hazardous and solid wastes that
will protect local environments from damaging industrial
practices; or
(2) the lending will support an industrial project or
program that--
(A) has the potential to adversely affect air
quality or water quality or will involve hazardous or
solid wastes, but
(B) is designed to protect the local environment
from damaging industrial practices.
SEC. 6. DEFINITIONS.
As used in this Act--
(1) the term ``foreign assistance'' means assistance under
the Foreign Assistance Act of 1961 or section 23 of the Arms
Export Control Act; and
(2) the term ``international financial institution''
includes the International Monetary Fund, the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation,
and each regional multilateral development bank in which the
United States participates. | Global Environmental Cleanup Act - Directs the Secretary of State to prepare an annual report regarding the environmental protection requirements of each foreign country with respect to air and water quality and hazardous and solid waste disposal.
Directs the President to use 20 percent of the aggregate amount of foreign assistance allocated each fiscal year for a foreign country to make loans to enable the country to purchase U.S. pollution control products and services and for administrative expenses. Makes such requirement inapplicable if a country assures compliance with pollution control standards and promotes protection of the local environment from damaging industrial practices.
Requires the Secretary of the Treasury to instruct the U.S. executive directors of each international financial institution to oppose proposed lending unless the Secretary of State determines that: (1) the borrowing country assures compliance with pollution control standards that will protect local environments from damaging industrial practices; or (2) the lending will support an industrial program that has the potential to adversely affect air or water quality or involves hazardous or solid wastes but is designed to protect the environment from damaging industrial practices. | Global Environmental Cleanup Act |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Self-Sufficient
Community Lands Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. Establishment of community forest demonstration areas.
Sec. 5. Board of Trustees.
Sec. 6. Management of community forest demonstration areas.
Sec. 7. Distribution of funds from Community Forest Demonstration Area.
Sec. 8. Initial funding authority.
SEC. 2. PURPOSE.
The purpose of this Act is to generate dependable economic activity
for counties and local governments through sustainable forest
management.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board of trustees.--The term ``Board of Trustees''
means the Board of Trustees appointed by the Governor of a
State for the community forest demonstration area established
for the State.
(2) Community forest demonstration area.--The term
``community forest demonstration area'' means a community
forest demonstration area established for a State under section
4.
(3) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)), except that the term does not include
the National Grasslands and land utilization projects
designated as National Grasslands administered pursuant to the
Act of July 22, 1937 (7 U.S.C. 1010-1012).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture or the designee of the Secretary of Agriculture.
(5) State.--The term ``State'' includes the Commonwealth of
Puerto Rico.
SEC. 4. ESTABLISHMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.
(a) Establishment Required; Time for Establishment.--Not later than
one year after the date of the enactment of this Act, the Secretary of
Agriculture shall establish the community forest demonstration area or
areas of a State at the request of the Board of Trustees appointed to
manage community forest demonstration area land in that State.
(b) Covered Land.--
(1) Inclusion of national forest system land.--The
community forest demonstration areas of a State shall consist
of the National Forest System land in the State identified for
inclusion by the Board of Trustees of that State.
(2) Exclusion of certain land.--A community forest
demonstration area shall not include National Forest System
land--
(A) that is a component of the National Wilderness
Preservation System; or
(B) on which the removal of vegetation is
specifically prohibited by Federal law.
(c) Conditions on Establishment.--
(1) Acreage requirement.--A community forest demonstration
area must include at least 200,000 acres of National Forest
System land.
(2) Management law requirement.--A community forest
demonstration area may be established in a State only if the
State has a forest practices law or regulatory structure
applicable to State or privately owned forest land in the
State.
(3) Revenue sharing requirement.--As a condition of the
inclusion in a community forest demonstration area of National
Forest System land located in a particular county in a State,
the county must enter into an agreement with the Governor of
the State that requires that, in utilizing revenues received by
the county under section 7, the county shall continue to meet
any obligations under applicable State law as provided under
title I of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7111 et seq.) or as
provided in the sixth paragraph under the heading ``FOREST
SERVICE'' in the Act of May 23, 1908 (16 U.S.C. 500) and
section 13 of the Act of March 1, 1911 (16 U.S.C. 500).
(d) Treatment Under Certain Other Laws.--National Forest System
land included in a community forest demonstration area shall not be
considered Federal land for purposes of making payments to counties
under the sixth paragraph under the heading ``FOREST SERVICE'' in the
Act of May 23, 1908 (16 U.S.C. 500) and section 13 of the Act of March
1, 1911 (16 U.S.C. 500).
(e) Recognition of Valid and Existing Rights.--Nothing in this Act
shall be construed to limit or restrict--
(1) access to National Forest System land included in a
community forest demonstration area for hunting, fishing, and
other related purposes; or
(2) valid and existing rights regarding such National
Forest System land.
SEC. 5. BOARD OF TRUSTEES.
(a) Appointment.--A community forest demonstration area for a State
shall be managed by a Board of Trustees appointed by the Governor of
the State.
(b) Composition.--The Board of Trustees for a community forest
demonstration area in a State shall include, but is not limited to, the
following members:
(1) One member who holds county or local elected office,
appointed from each county or local governmental unit in the
State containing community forest demonstration area land.
(2) One member who represents the commercial timber, wood
products, or milling industry.
(3) One member who represents persons holding Federal
grazing or other land use permits.
(4) One member who represents recreational users of
National Forest System land.
(c) Terms.--
(1) In general.--Except in the case of certain initial
appointments required by paragraph (2), members of a Board of
Trustees shall serve for a term of three years.
(2) Initial appointments.--In making initial appointments
to a Board of Trustees, the Governor making the appointments
shall stagger terms so that at least one-third of the members
will be replaced every three years.
(d) Compensation.--Members of a Board of Trustees shall serve
without pay, but may be reimbursed from the funds made available for
the management of a community forest demonstration area for the actual
and necessary travel and subsistence expenses incurred by members in
the performance of their duties.
SEC. 6. MANAGEMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.
(a) Assumption of Management.--
(1) Confirmation.--The Board of Trustees appointed for a
community forest demonstration area shall assume all management
authority with regard to the community forest demonstration
area as soon as the Secretary confirms that--
(A) the National Forest System land to be included
in the community forest demonstration area meets the
requirements of subsections (b) and (c) of section 4;
and
(B) the Board of Trustees has been duly appointed
under section 5 and is able to conduct business.
(2) Scope and time for confirmation.--The determination of
the Secretary under paragraph (1) is limited to confirming
whether the conditions specified in subparagraphs (A) and (B)
of such paragraph have been satisfied. The Secretary shall make
the determination not later than 60 days after the date of the
appointment of the Board of Trustees.
(3) Effect of failure to confirm.--If the Secretary
determines that either or both conditions specified in
subparagraphs (A) and (B) of paragraph (1) are not satisfied
for confirmation of a Board of Trustees, the Secretary shall--
(A) promptly notify the Governor of the affected
State and the Board of Trustees of the reasons
preventing confirmation; and
(B) make a new determination under paragraph (2)
within 60 days after receiving a new request from the
Board of Trustees that addresses the reasons that
previously prevented confirmation.
(b) Management Responsibilities.--Upon assumption of management of
a community forest demonstration area, the Board of Trustees for the
community forest demonstration area shall manage the land and resources
of the community forest demonstration area and the occupancy and use
thereof in conformity with this Act, and to the extent not in conflict
with this Act, the laws and regulations applicable to management of
State forest lands in the State in which the community forest
demonstration area is located.
(c) Applicability of Other Federal Laws.--The administration and
management of a community forest demonstration area, including
implementing actions, shall not be considered Federal action and shall
be subject to the following only to the extent that such laws apply to
the State administration and management of forest lands in the State in
which the community forest demonstration area is located:
(1) The Federal Water Pollution Control Act (33 U.S.C. 1251
note).
(2) The Clean Air Act (42 U.S.C. 7401 et seq.).
(3) The Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(4) Federal laws and regulations governing procurement by
Federal agencies.
(5) Other Federal laws.
(d) Consultation.--
(1) With indian tribes.--The Board of Trustees for a
community forest demonstration area shall cooperate and consult
with Indian tribes on management policies and practices for the
community forest demonstration area that may affect the Indian
tribes. The Board of Trustees may allow the use of lands within
the community forest demonstration area for religious and
cultural uses by Native Americans.
(2) With collaborative groups.--The Board of Trustees for a
community forest demonstration area shall consult with any
applicable forest collaborative group.
(e) Recreation.--Nothing in this section shall affect public use
and recreation within a community forest demonstration area.
(f) Fire Management.--The Secretary shall provide fire
presuppression, suppression, and rehabilitation services on and with
respect to a community forest demonstration area to the same extent
generally authorized in other units of the National Forest System.
SEC. 7. DISTRIBUTION OF FUNDS FROM COMMUNITY FOREST DEMONSTRATION AREA.
(a) Retention of Funds for Management.--The Board of Trustees of a
community forest demonstration area may retain such sums as the Board
of Trustees considers to be necessary from amounts generated from that
community forest demonstration area to fund the management,
administration, restoration, operation and maintenance, improvement,
repair, and related expenses incurred with respect to the community
forest demonstration area.
(b) Funds to Counties or Local Governmental Units.--Subject to
subsection (a), the Board of Trustees of a community forest
demonstration area in a State shall distribute funds received by the
Board of Trustees under section 6 to each county or local governmental
unit in the State in an amount proportional to the funds received by
the county or local governmental unit under title I of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111 et
seq.).
SEC. 8. INITIAL FUNDING AUTHORITY.
(a) Funding Source.--Counties may use such sums as the counties
consider to be necessary from amounts made available to the counties
under title I of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7111 et seq.) to provide initial
funding for the management of community forest demonstration areas.
(b) No Restriction on Use of Non-Federal Funds.--Nothing in this
Act restricts the Board of Trustees of a community forest demonstration
area from seeking non-Federal loans or other non-Federal funds for
management of the community forest demonstration area. | Self-Sufficient Community Lands Act of 2012 - Directs the Secretary of Agriculture (USDA) to establish the community forest demonstration area or areas of a state, consisting of National Forest System (NFS) land, at the request of a Board of Trustees appointed by a governor to manage such land in that state.
Conditions establishment of an area upon: (1) inclusion of at least 200,000 acres of NFS land; (2) a state forest practices law or regulatory structure applicable to state or privately owned forest land; (3) agreement with the governor by the county in which the land is located requiring the county, in using revenues received from the area, to continue to meet obligations under applicable state law pursuant to the Secure Rural Schools and Community Self-Determination Act of 2000 or other provisions concerning payment of receipts for the benefit of public schools and roads.
Excludes from a community forest demonstration area land that is a component of the National Wilderness Preservation System or on which the removal of vegetation is specifically prohibited by federal law.
Deems the administration and management of a community forest demonstration area, including implementing actions, not to be federal action and subject to federal laws only to the extent that they apply to the state administration and management of forest lands in which the community forest demonstration area is located. | To establish a program that will generate dependable economic activity for counties and local governments containing National Forest System land through a management-focused approach, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Annual Assay Commission Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is in the national interest for the citizens of the
Nation, and those who purchase products of the United States
Mint, to know that gold, silver, and platinum coinage produced
by the several United States mints are of the proper size,
weight, and purity provided for by law.
(2) From 1792 until 1977, an annual assay commission, as
first required by the Act entitled ``An Act establishing a
Mint, and regulating the Coins of the United States'' and
approved April 2, 1792, performed such functions, until such
time as there were no precious metal coins regularly being
produced by the United States mints.
(3) Since 1977, the United States Mint has begun regular
production of bullion coinage comprised of .999 fine silver,
.9995 fine platinum, and gold of either .900 or .999 fine.
(4) Since 1982, the United States Mint has produced
millions of gold and silver commemorative coins that have sold
to collectors and others on the primary market for more than
$1,000,000,000.
(5) It is desirable to involve numismatists, and others, in
the process of marketing and merchandising of coins, of which
an annual assay is an important component part.
(6) There is a marketing need for an annual ceremony to
attest that the coins produced by the several United States
mints are manufactured in conformity with their statutory
requirements, to publicize the same, and to involve the general
and numismatic public in the annual assay and its report.
SEC. 3. ANNUAL ASSAY REQUIRED.
(a) In General.--To secure conformity in the composition and weight
of the minor coinage of the United States, subsidiary denominations,
dollar coins, and coins struck in silver, gold, platinum and other
precious metals, an annual assay shall be held in the manner provided
in subsection (b)(4) to test and examine, in the presence of the
Director of the Mint, the fineness and weight of the coins reserved by
the several mints for this purpose.
(b) Assay Commission.--
(1) Membership and appointment.--
(A) In general.--The annual assay required under
subsection (a) shall be conducted by an assay
commission consisting of such number of members as the
President may determine to be appropriate, not to
exceed 25, who shall be appointed by the President.
(B) Representation of numismatists.--At least \1/2\
of the members of the assay commission shall be
appointed from among individuals who are, by reason of
education, training, or experience, amateur or
professional numismatists.
(2) Terms.--Members of the assay commission shall--
(A) be appointed each year by the President to
serve for that year only; and
(B) not be eligible for re-appointment until a
period of not less than 5 years has passed since their
most recent appointment expired.
(3) Service without compensation.--Members of the assay
commission shall serve without pay, except that such members
shall be entitled to receive, in accordance with section 5703
of title 5, United States Code, travel or transportation
expenses, or a per diem allowance in lieu of expenses, while
away from such member's home or place of business in connection
with such member's service on the assay commission.
(4) Meetings of assay commission.--
(A) In general.--The assay commission shall meet on
the second Wednesday in February of each year, to carry
out the duties of the commission under this section.
(B) Location.--The meeting of the assay commission
shall be convened at any United States mint, or at the
United States Mint in Washington, D.C., as determined
by the Director of the Mint.
(C) Continuation following adjournment.--The
meeting of the assay commission may continue following
adjournment if necessary.
(D) Other meetings.--If a majority of the members
of the assay commission fail to attend any meeting
scheduled pursuant to subparagraph (A), the Director of
the Mint shall call a meeting of the commissioners at
such other time as the Director determines to be
convenient.
(5) Expenses of assay commission.--The expenses of the
assay commission which the Secretary determines are reasonable
and appropriate shall be paid by the Secretary from the United
States Mint Public Enterprise Fund under section 5136 of title
31, United States Code.
(c) Selection and Transfer of Coins.--
(1) In general.--In accordance with regulations prescribed
by the Secretary of the Treasury, each superintendent of a
United States mint shall select and transfer, without
examination and discrimination, specimens of coins in the
manner described in paragraphs (2) and (3) for assay at trial
to the Office of the Director of the Mint in Washington, D.C.
(2) Certain circulating coins.--For each issue of
circulating coins, other than 1-cent and 5-cent coins, by any
United States mint, specimen coins for special assay and
testing shall be taken at random as follows:
(A) In the case of dollar coins, half dollar coins,
and quarter dollar coins, not less than 2 coins for
each 200,000 pieces or fraction thereof issued.
(B) In the case of dime coins, not less than 2
coins for each 400,000 pieces or fraction thereof
issued.
(3) Other coins.--For each issue of coins not described in
subparagraph (A) by any United States mint, including bullion
coins and special numismatic coins, specimen coins for the
examination and testing shall be taken at random in such
quantities as the Secretary of the Treasury shall direct, but
not less than 10 coins of each quality of coin struck at each
facility of the United States Mint producing such coins.
(4) Manner of selection and transfer.--The selection of
specimen coins under this subsection shall be made by a
superintendent of a United States mint under this section, or
by a representative designated by such superintendent, in the
presence of the assayer or person who performs such assay
function, or by a representative designated by the assayer or
other person, without testing and the coins so selected
selection shall be protected from attrition and enclosed in
envelopes which shall be sealed and labeled to show the place
of coinage, the date, number, and amount of delivery, and the
number and denomination of the pieces enclosed.
(d) Procedure Following Examination and Testing.--
(1) Standardized fineness and weight.--If it appears to the
assay commission, after examination and testing, that the coins
presented to the assay commission coins do not differ from the
standard fineness and weight by a greater quantity than is
permitted by such regulations as the Secretary of the Treasury
may from time to time prescribe, the trial by the assay
commission shall be considered and reported as satisfactory.
(2) Deviation.--If, after the examination and testing
referred to in paragraph (1), it appears to the assay
commission that any coin differs from the standard fineness and
weight by a greater quantity than is permitted by the
regulations referred to in such paragraph, this fact shall be
certified to the Director of the Mint and the Secretary of the
Treasury, and the Secretary shall take such action as is
appropriate to rectify the cause.
(e) Laboratory Tests of Additional Specimen Coins.--In addition to
the specimen coins selected under other provisions of this subsection,
specimen coins, as either proof or uncirculated pieces, may be
forwarded promptly to the Director of the Mint for laboratory testing
as to their conformity in composition and weight with the requirements
of law.
(f) Annual Report.--
(1) Report required.--The Director of the Mint shall
prepare and publish an annual report containing the report of
the assay commission for such year and the results of
laboratory tests conducted pursuant to subsection (e).
(2) Submission to the congress.--Each report prepared
pursuant to paragraph (1) shall be submitted to the Congress.
SEC. 4. PRODUCTION OF ASSAY COMMISSION MEDALS.
The Director of the Mint may continue the practice of producing
assay commission medals for the members of the assay commission, if
bronze copies of such medals are made available for sale to the general
public. | Annual Assay Commission Act - Sets forth procedural guidelines under which an assay commission appointed by the President shall conduct an annual assay to test and examine, in the presence of the Director of the Mint, the fineness and weight of coins reserved by the several mints, in order to secure conformity in the composition and weight of U.S. coinage.Authorizes the Director to continue the practice of producing assay commission medals for assay commission members if bronze copies of such medals are made available for sale to the general public. | To reestablish the annual assay commission. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HIPAA Recreational Injury Technical
Correction Act''.
SEC. 2. COVERAGE AMENDMENTS.
(a) ERISA.--Section 702(a)(3) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1182(a)(3)) is amended--
(1) by striking ``Construction.--For'' and inserting the
following: ``Scope.--
``(A) Waiting periods.--For''; and
(2) by adding at the end the following:
``(B) Limitation on denial of benefits.--
Notwithstanding paragraph (2), a group health plan, or
a health insurance issuer offering group health
insurance coverage in connection with a group health
plan, may not deny benefits otherwise provided under
the plan or coverage for the treatment of an injury
solely because such injury was sustained while engaged
in any particular mode of transportation specified in
the plan consisting of the use of a motorcycle,
snowmobile, all-terrain vehicle, or other similar
recreational vehicle or horseback riding. Nothing in
this subparagraph shall be construed as--
``(i) prohibiting any such plan or issuer
from excluding from coverage injuries sustained
while engaged in such mode of transportation,
if engaging in such mode of transportation, or
the particular vehicle itself, is illegal under
applicable law, or
``(ii) affecting the determination of
primary and secondary insurance or subrogation
or reimbursement rights between insurance
policies.''.
(b) PHSA.--Section 2702(a)(3) of the Public Health Service Act (42
U.S.C. 300gg-1(a)(3)) is amended--
(1) by striking ``Construction.--For'' and inserting the
following: ``Scope.--
``(A) Waiting periods.--For''; and
(2) by adding at the end the following:
``(B) Limitation on denial of benefits.--
Notwithstanding paragraph (2), a group health plan, or
a health insurance issuer offering group health
insurance coverage in connection with a group health
plan, may not deny benefits otherwise provided under
the plan or coverage for the treatment of an injury
solely because such injury was sustained while engaged
in any particular mode of transportation specified in
the plan consisting of the use of a motorcycle,
snowmobile, all-terrain vehicle, or other similar
recreational vehicle or horseback riding. Nothing in
this subparagraph shall be construed as--
``(i) prohibiting any such plan or issuer
from excluding from coverage injuries sustained
while engaged in such mode of transportation,
if engaging in such mode of transportation, or
the particular vehicle itself, is illegal under
applicable law, or
``(ii) affecting the determination of
primary and secondary insurance or subrogation
or reimbursement rights between insurance
policies.''.
(c) Internal Revenue Code.--Section 9802(a)(3) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``Construction.--For'' and inserting the
following: ``Scope.--
``(A) Waiting periods.--For''; and
(2) by adding at the end the following:
``(B) Limitation on denial of benefits.--
Notwithstanding paragraph (2), a group health plan may
not deny benefits otherwise provided under the plan for
the treatment of an injury solely because such injury
was sustained while engaged in any particular mode of
transportation specified in the plan consisting of the
use of a motorcycle, snowmobile, all-terrain vehicle,
or other similar recreational vehicle or horseback
riding. Nothing in this subparagraph shall be construed
as--
``(i) prohibiting any such plan from
excluding from coverage injuries sustained
while engaged in such mode of transportation,
if engaging in such mode of transportation, or
the particular vehicle itself, is illegal under
applicable law, or
``(ii) affecting the determination of
primary and secondary insurance or subrogation
or reimbursement rights between insurance
policies.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to injuries occurring during plan years beginning
after 90 days after the date of the enactment of this Act. | HIPAA Recreational Injury Technical Correction Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan or health insurance issuer offering group health coverage from denying benefits or coverage otherwise provided under the plan for the treatment of an injury solely because it was sustained while a person was engaged in any particular mode of transportation specified in the plan, consisting of the use of a motorcycle, snowmobile, all-terrain vehicle, or other similar recreational vehicle or horseback riding, unless such mode of transportation or its use was illegal. | To promote health care coverage parity for individuals engaged in legal use of certain modes of transportation. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Terror Finance Transparency
Act''.
SEC. 2. CERTIFICATION REQUIREMENT FOR REMOVAL OF FOREIGN FINANCIAL
INSTITUTIONS, INCLUDING IRANIAN FINANCIAL INSTITUTIONS,
FROM THE LIST OF SPECIALLY DESIGNATED NATIONALS AND
BLOCKED PERSONS.
(a) In General.--On or after July 19, 2015, the President may not
remove a foreign financial institution, including an Iranian financial
institution, described in subsection (b) from the list of specially
designated nationals and blocked persons maintained by the Office of
Foreign Asset Control of the Department of the Treasury unless and
until the President submits to the appropriate congressional committees
a certification described in subsection (c) with respect to the foreign
financial institution.
(b) Covered Institutions.--A foreign financial institution,
including an Iranian financial institution, described in this
subsection is a foreign financial institution listed in Attachment 3 or
Attachment 4 to Annex II of the Joint Comprehensive Plan of Action.
(c) Certification.--The President may remove a foreign financial
institution, including an Iranian financial institution, described in
subsection (b) from the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Asset Control of
the Department of the Treasury if the President submits to the
appropriate congressional committees a certification that the foreign
financial institution--
(1) has not knowingly, directly or indirectly, facilitated
a significant transaction or transactions or provided
significant financial services for or on behalf of--
(A) Iran's Revolutionary Guard Corps or any of its
agents or affiliates whose property or interests in
property are blocked pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.);
(B) a foreign terrorist organization for or on
behalf of a person whose property or interests in
property have been blocked pursuant to Executive Order
No. 13224 (66 Fed. Reg. 49079; relating to blocking
property and prohibiting transactions with persons who
commit, threaten to commit, or support terrorism); and
(C) a person whose property or interests in
property are blocked pursuant to the International
Emergency Economic Powers Act in connection with Iran's
proliferation of weapons of mass destruction or
delivery systems for weapons of mass destruction, or to
further Iran's development of ballistic missiles and
destabilizing types and amounts of conventional
weapons; and
(2) no longer knowingly engages in illicit or deceptive
financial transactions or other activities.
(d) Form.--A certification described in subsection (c) shall be
submitted in unclassified form, but may contain a classified annex.
(e) Definitions.--In this section:
(1) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given such term in
section 1010.605 of title 31, Code of Federal Regulations.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means any organization designated by
the Secretary of State as a foreign terrorist organization in
accordance with section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(3) Iranian financial institution.--The term ``Iranian
financial institution'' has the meaning given the term in
section 104A(d)(3) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8513b(d)(3)).
SEC. 3. CERTIFICATION REQUIREMENT FOR REMOVAL OF CERTAIN FOREIGN
PERSONS FROM THE LIST OF SPECIALLY DESIGNATED NATIONALS
AND BLOCKED PERSONS.
(a) In General.--On or after July 19, 2015, the President may not
remove a foreign person described in subsection (b) from the list of
specially designated nationals and blocked persons maintained by the
Office of Foreign Asset Control of the Department of the Treasury until
the President submits to the appropriate congressional committees a
certification described in subsection (c) with respect to the foreign
person.
(b) Covered Persons and Entities.--A foreign person described in
this subsection is a foreign person listed in Attachment 3 or
Attachment 4 to Annex II of the Joint Comprehensive Plan of Action.
(c) Certification.--The President may remove a foreign person
described in subsection (b) from the list of specially designated
nationals and blocked persons maintained by the Office of Foreign Asset
Control of the Department of the Treasury if the President submits to
the appropriate congressional committees a certification that the
foreign person--
(1) has not knowingly assisted in, sponsored, or provided
financial, material, or technological support for, or financial
or other services to or in support of terrorism or a terrorist
organization; and
(2) has not knowingly engaged in significant activities or
transactions that have materially contributed to the Government
of Iran's proliferation of weapons of mass destruction or their
means of delivery (including missiles capable of delivering
such weapons), including any efforts to manufacture, acquire,
possess, develop, transport, transfer, or use such item.
(d) Form.--A certification described in subsection (c) shall be
submitted in unclassified form, but may contain a classified annex.
(e) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person''--
(A) means--
(i) an individual who is not a United
States person;
(ii) a corporation, partnership, or other
nongovernmental entity which is not a United
States person; or
(iii) any representative, agent or
instrumentality of, or an individual working on
behalf of a foreign government; but
(B) does not include a foreign financial
institution, including an Iranian financial
institution, described in section 2(b).
(2) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 4. CERTIFICATION REQUIREMENT FOR REMOVAL OF DESIGNATION OF IRAN AS
A JURISDICTION OF PRIMARY MONEY LAUNDERING CONCERN.
(a) In General.--The President may not remove the designation of
Iran as a jurisdiction of primary money laundering concern pursuant to
section 5318A of title 31, United States Code, unless the President
submits to the appropriate congressional committees a certification
described in subsection (b) with respect to Iran.
(b) Certification.--The President may remove the designation of
Iran as a jurisdiction of primary money laundering concern if the
President submits to the appropriate congressional committees a
certification that the Government of Iran is no longer engaged in
support for terrorism, pursuit of weapons of mass destruction, and any
illicit and deceptive financial activities.
(c) Form.--The certification described in subsection (b) shall be
submitted in unclassified form, but may contain a classified annex.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Banking, Housing, and Urban Affairs of
the Senate.
SEC. 5. APPLICABILITY OF CONGRESSIONAL REVIEW OF CERTAIN AGENCY
RULEMAKING RELATING TO IRAN.
(a) In General.--Notwithstanding any other provision of law, any
rule to amend or otherwise alter a covered regulatory provision as
defined in subsection (c) that is published on or after the date of the
enactment of this Act shall be deemed to be a rule or major rule (as
the case may be) for purposes of chapter 8 of title 5, United States
Code, and shall be subject to all applicable requirements of chapter 8
of title 5, United States Code.
(b) Quarterly Reports.--Not later than 60 days after the date of
the enactment of this Act, and every 90 days thereafter, the head of
the applicable department or agency of the Federal Government shall
submit to the appropriate congressional committees a report on the
operation of the licensing system under each covered regulatory
provision as defined in subsection (c) for the preceding 2-year period,
including--
(1) the number and types of licenses applied for;
(2) the number and types of licenses approved;
(3) a summary of each license approved;
(4) a summary of transactions conducted pursuant to a
general license;
(5) the average amount of time elapsed from the date of
filing of a license application until the date of its approval;
(6) the extent to which the licensing procedures were
effectively implemented; and
(7) a description of comments received from interested
parties about the extent to which the licensing procedures were
effective, after the applicable department or agency holds a
public 30-day comment period.
(c) Definition.--In this section, the term ``covered regulatory
provision'' means any provision of part 535, 560, 561, or 1060 of title
31, Code of Federal Regulations, as such part was in effect on June 1,
2015.
SEC. 6. PROHIBITIONS AND CONDITIONS WITH RESPECT TO CERTAIN ACCOUNTS
HELD BY FOREIGN FINANCIAL INSTITUTIONS.
Section 104(c)(2)(A)(ii) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8513(c)(2)(A)(ii)) is amended by adding at the end before the semicolon
the following: ``, including Hezbollah, Hamas, the Palestinian Islamic
Jihad, and any affiliates or successors thereof''.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the meaning given
the term in section 14(2) of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note).
(2) Joint comprehensive plan of action.--The term ``Joint
Comprehensive Plan of Action'' means the Joint Comprehensive
Plan of Action, signed at Vienna July 14, 2015, by Iran and by
the People's Republic of China, France, Germany, the Russian
Federation, the United Kingdom and the United States, with the
High Representative of the European Union for Foreign Affairs
and Security Policy, and all implementing materials and
agreements related to the Joint Comprehensive Plan of Action,
and transmitted by the President to Congress on July 19, 2015,
pursuant to section 135(a) of the Atomic Energy Act of 1954, as
amended by the Iran Nuclear Agreement Review Act of 2015
(Public Law 114-17; 129 Stat. 201).
Passed the House of Representatives February 2, 2016.
Attest:
KAREN L. HAAS,
Clerk. | . Iran Terror Finance Transparency Act (Sec. 2) This bill prohibits the President from removing certain foreign financial institutions, including an Iranian financial institution, from the list of designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Asset Control until the President makes two certifications to Congress, the first of which is that the institution has not knowingly facilitated a significant transaction or transactions or provided significant financial services for or on behalf of: Iran's Revolutionary Guard Corps or any of its agents or affiliates whose property or property interests are blocked pursuant to the International Emergency Economic Powers Act (IEEPA), a foreign terrorist organization for or on behalf of a person whose property or property interests have been blocked pursuant to Executive Order 13224, and a person whose property or property interests are blocked pursuant to the IEEPA in connection with Iran's proliferation of weapons of mass destruction. The second certification shall be that the institution no longer knowingly engages in illicit or deceptive financial transactions or other activities. (Sec. 3) On or after July 19, 2015,the President may not remove specified foreign persons from the list of designated nationals and blocked persons maintained by the Office of Foreign Asset Control until the President certifies to Congress that the person has not knowingly: assisted in or provided financial, material, or technological support for terrorism or a terrorist organization; and engaged in significant activities or transactions that have materially contributed to Iran's proliferation of weapons of mass destruction or their means of delivery. (Sec. 4) The President may not remove Iran's designation as a jurisdiction of primary money laundering concern unless the President certifies to Congress that Iran is no longer engaged in support for terrorism, pursuit of weapons of mass destruction, and any illicit and deceptive financial activities. (Sec. 5) Any rule to amend or otherwise alter a covered regulatory provision regarding sanctions on Iran shall be subject to congressional review requirements. Applicable federal departments or agencies shall report to Congress on the operation of the licensing system under each covered regulatory provision for the preceding two-year period, including: the number and types of licenses applied for, and the number and types approved; a summary of each license approved; a summary of transactions conducted pursuant to a general license; the average amount of time from the date of filing for a license until the date of approval; and the extent to which the licensing procedures were effectively implemented. (Sec. 6) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended to prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that facilitates Iran's support for Hezbollah, Hamas, the Palestinian Islamic Jihad, and any affiliates or successors. (Sec. 7) Defines "Joint Comprehensive Plan of Action" as the Joint Comprehensive Plan of Action, signed at Vienna July 14, 2015, by Iran and by China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative of the European Union for Foreign Affairs and Security Policy, and all related implementing materials and agreements, and transmitted by the President to Congress on July 19, 2015, pursuant to section 135(a) of the Atomic Energy Act of 1954, as amended by the Iran Nuclear Agreement Review Act of 2015. | Iran Terror Finance Transparency Act |
SECTION 1. NAVAJO RESERVATION BOUNDARY CLARIFICATION.
Subsection (b) of section 11 of the Act of December 22, 1974 (25
U.S.C. 640d-10(b)), is amended--
(1) by striking ``present boundary of the Navajo
Reservation'' and inserting ``trust lands of the Navajo Tribe,
including the bands of the Navajo Tribe, as of January 1,
2015''; and
(2) by striking ``present boundary of the reservation'' and
inserting ``trust lands of the Navajo Tribe, including the
bands of the Navajo Tribe, as of January 1, 2015''.
SEC. 2. RESELECTION OF LANDS TO CORRECT SURVEYING ERROR.
Section 11 of the Act of December 22, 1974 (25 U.S.C. 640d-10), is
amended by adding at the end the following:
``(j)(1) The Navajo Tribe may--
``(A) deselect not more than 757 acres of the land selected
under this section as of January 1, 2014; and
``(B) reselect, accordance with this section, the same
amount of acres of the land that is deselected under
subparagraph (A).
``(2) Any lands deselected under paragraph (1)(A) that were held in
trust shall be taken out of trust and administered by the Bureau of
Land Management.''.
SEC. 3. FAIR RENTAL VALUE PAYMENTS REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Interior shall submit a report to the Committee on
Natural Resources in the House of Representatives and the Committee on
Indian Affairs in the Senate a report that contains the following:
(1) The dates that the Secretary rendered initial rental
decisions on annual rents owed by the Navajo Tribe to the Hopi
Tribe pursuant to section 16(a) of the Act of December 22, 1974
(25 U.S.C. 640d-15(a)), for each of years 2001 through 2014,
including an explanation for any delay longer than 12 months
after the end of any year during that period.
(2) The current status of all rental determinations for
each of years 2001 through 2014, and, to the extent appeals are
pending, where these appeals are pending, and how long such
appeals have been pending at that locale.
(3) To the extent that rental determinations have been
delayed, the role, if any, in the delay that has been the
result of contracts with the Bureau of Indian Affairs related
to a contract under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450f).
(4) Whether contracts to perform those functions which are
otherwise the obligations of the Bureau of Indian Affairs to
carry out the requirements of section 16(a) of the Act of
December 22, 1974 (25 U.S.C. 640-15(a)), have been funded at
the level necessary to ensure that these functions are properly
performed.
(5) What contract provisions, if any, have been included in
any contract under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450f) between the Bureau of Indian
Affairs and any contractor to ensure that the contractor's
performance of those functions which are otherwise the
obligations of the Bureau of Indian Affairs to carry out the
requirements of section 16(a) of the Act of December 22, 1974
(25 U.S.C. 640d-15(a)), is free from conflicts of interest as
required by part 900.231 through part .236 of title 25, Code of
Federal Regulations.
(6) The total amount that the Navajo Tribe has paid as rent
and interest pursuant to section 16(a) of the Act of December
22, 1974 (25 U.S.C. 640d-15(a)), including the amount of
prejudgment interest paid by the Navajo Tribe and the amount of
post-judgment interest paid by the Navajo Tribe.
(7) A plan to bring initial rental determinations current
through the 2015 year as of April 1, 2016.
(8) A plan to ensure that, beginning on April 1, 2017, all
annual rental determinations are completed and delivered to the
Navajo Tribe and the Hopi Tribe on or before April 1 of each
year.
SEC. 4. NAVAJO TRIBE SOVEREIGNTY EMPOWERMENT DEMONSTRATION PROJECT.
(a) Navajo Sovereignty Empowerment Zones.--The Navajo Tribe shall
have the authority to designate up to 150,000 acres within one or more
of the following, which shall be designated as Navajo Sovereignty
Empowerment Zones:
(1) Lands selected by the Navajo Tribe pursuant to section
11 of the Act of December 22, 1974 (25 U.S.C. 640d-10).
(2) Lands within that portion of the Navajo Reservation
lying west of the Executive Order Reservation of 1882 and
bounded on the north and south by westerly extensions, to the
reservation line, of the northern and southern boundaries of
said Executive Order Reservation (formerly known as the
``Bennett Freeze'' area).
(3) Lands partitioned to the Navajo Tribe pursuant to
sections 3 and 4 of the Act of December 22, 1974 (25 U.S.C.
640d-2 and 640d-3).
(b) Applicability of Certain Laws.--
(1) In general.--Subject to approval by the appropriate
regulatory bodies under Navajo law, such as the Navajo Nation
Environmental Protection Agency, the Navajo Nation Historic
Preservation Department, and the Navajo Nation Department of
Fish and Wildlife, within the Navajo Sovereignty Empowerment
Zones, the Navajo Tribe may choose to waive any or all of the
laws in paragraph (2) with regard to renewable energy
development, housing development, public and community
facilities, infrastructure development (including water and
wastewater development, roads, transmission lines, gas lines,
and rights-of-way), and related economic development.
(2) Law eligible for waiver.--The laws referred to in
paragraph (1) are the following:
(A) The Wilderness Act (16 U.S.C. 1131 et seq.).
(B) The National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(C) The Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(D) The Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(E) The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.).
(F) The Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.).
(G) The Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.).
(H) Subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
``Administrative Procedure Act'').
(I) The provisions of title 54, United States Code,
derived from the Act of August 25, 1916 (commonly known
as the ``National Park Service Organic Act''), Public
Law 86-523, and Public Law 91-383.
(J) Sections 401(7), 403, and 404 of the National
Parks and Recreation Act of 1978 (Public Law 95-625).
(K) The Arizona Desert Wilderness Act of 1990
(Public Law 101-628).
(L) Division A of subtitle III of title 54, United
States Code.
(3) Grand canyon exception.--Subsection (a) shall not apply
to projects within the rim of the natural formation commonly
referred to as the Grand Canyon.
(c) Transfer of Savings to the Navajo Tribe.--
(1) In general.--Federal agencies responsible for
implementation of the laws listed in subsection (b)(2) shall--
(A) consult in good faith with the Navajo Tribe to
determine the cost that the Federal agency would have
otherwise expended on implementation of the laws or
regulations described in subsection (b) in the Navajo
Empowerment Zones, and this amount shall not be less
than the agency would have otherwise provided for the
operation of programs or portions thereof, without
regard to any organizational level within the agency at
which the program, function, service, or activity or
portion thereof, including supportive administrative
functions and including indirect costs that are
provided in support of the operation of the program,
function, service or activity or portion thereof, is
operated; and
(B) not later the 90 days after the beginning of
each applicable fiscal year, transfer to the Navajo
Tribe the amount of funds identified under subparagraph
(A).
(2) Use of funds.--The Navajo Tribe shall use all monies
that it receives under this subsection to implement tribal law
in the Navajo Sovereignty Empowerment Zones.
(3) Final agency action.--Federal agency decisions made
pursuant to subparagraph (A) shall be final agency action for
the purposes of appeal to the appropriate Federal district
court pursuant to chapter 7 of title 5, United States Code.
(d) Civil Jurisdiction.--
(1) In general.--Notwithstanding any other provision of
law, all individuals and entities operating within a Navajo
Sovereignty Empowerment Zone shall be subject to the full civil
and regulatory jurisdiction of the Navajo Tribe.
(2) Full faith and credit.--Any judgment issued by the
Navajo Tribe consistent with this section shall be accorded
full faith and credit by the court of another State, Indian
tribe, or territory and by Federal district courts.
(e) Tribal Sovereignty.--Nothing in this section supersedes,
replaces, negates, or diminishes--
(1) the laws and regulations of the Navajo Nation, which
shall remain in full force and effect within the Navajo
Sovereignty Empowerment Zones; or
(2) the treaties or other agreements between the United
States and the Navajo Tribe.
(d) Navajo-Hopi Dispute Settlement Act.--Nothing in this section
waives the provisions of the Navajo-Hopi Dispute Settlement Act of 1996
(25 U.S.C. 640d note).
(e) Funding and Grants.--Nothing in this section negates or
diminishes the eligibility of the Navajo Tribe to receive or continue
to receive funding and grants under the Navajo-Hopi Dispute Settlement
Act of 1996 or any other laws of the United States.
SEC. 5. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY FOR
RELOCATION BENEFITS.
The Navajo-Hopi Land Dispute Settlement Act of 1996 (25 U.S.C. 640d
note) is amended by adding at the end the following:
``SEC. 13. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY
FOR RELOCATION BENEFITS.
``(a) In General.--Notwithstanding any other provision of this Act,
the Settlement Agreement, or the Accommodation Agreement, any Navajo
head of household, or the successor thereto if such person is no longer
the head of household, who has entered into an Accommodation Agreement
shall have the following rights:
``(1) To relinquish that Agreement for up to two years
after the effective date of this section.
``(2) After a relinquishment under paragraph (1), to
receive the full relocation benefits to which the Navajo head
of household would otherwise have been entitled had the head of
household not signed the Accommodation Agreement, including
relocation housing, counseling, and other services. In the
event that the Navajo head of household is no longer the head
of household, the successor thereto shall be entitled to
receive the full relocation benefits.
``(b) Timing.--A relinquishment under subsection (a) shall not go
into effect until the Office of Navajo and Hopi Indian Relocation
provides the full relocation benefits to the Navajo head of household,
or successor thereto.''.
SEC. 6. NAVAJO REHABILITATION TRUST FUND.
Section 32 of Public Law 93-531 (25 U.S.C. 640d-30) is amended--
(1) in subsection (d)--
(A) in paragraph (2), by striking ``or'';
(B) in paragraph (3), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(4) at the discretion of the Navajo Tribe, to use for
development in the Navajo Sovereignty Empowerment Zones
established pursuant to section 104.'';
(2) in the first sentence of subsection (f), by striking
``and the United States has been reimbursed for funds
appropriated under subsection (f) of this section''; and
(3) in subsection (g)--
(A) in the first sentence, by striking ``1990,
1991, 1992, 1993, and 1994'' and all that follows
through the final period and inserting ``2015, 2016,
2017, 2018, and 2019.''; and
(B) by striking the second sentence. | This bill revises the area in which land may be transferred to or acquired by the Navajo Tribe to the area within 18 miles of the trust lands of the Navajo Tribe, including the bands of the tribe, as of January 2015. Bureau of Land Management (BLM) lands anywhere within Arizona and New Mexico may be exchanged for lands within 18 miles of those trust lands. The Navajo Tribe may exchange up to 757 acres of resettlement land selected as of January 2014 with the BLM. The Department of the Interior must report on annual rents owed by the Navajo Tribe to the Hopi Tribe for each of the years 2001-2014. The Navajo Tribe may designate up to 150,000 acres within specified lands as Navajo Sovereignty Empowerment Zones. Specified laws do not apply within these zones. Federal agencies responsible for implementing laws that do not apply in these zones must transfer to the Navajo Tribe the funds the agencies would have expended implementing those laws in these zones. This bill amends the Navajo-Hopi Land Dispute Settlement Act of 1996 to allow Navajo heads of household or their successors to relinquish an Accommodation Agreement with the Hopi Tribe regarding their residence on Hopi lands and receive relocation benefits. The Navajo Rehabilitation Trust Fund is extended through FY2019 and revised to allow it to be used for the development of Navajo Sovereignty Empowerment Zones. The Navajo Tribe is no longer required to reimburse appropriations to the fund. | To make technical amendments to the Act of December 22, 1974, relating to lands of the Navajo Tribe, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Webcaster Settlement Act of
2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Some small webcasters who did not participate in the
copyright arbitration royalty panel proceeding leading to the July
8, 2002 order of the Librarian of Congress establishing rates and
terms for certain digital performances and ephemeral reproductions
of sound recordings, as provided in part 261 of the Code of Federal
Regulations (published in the Federal Register on July 8, 2002)
(referred to in this section as ``small webcasters''), have
expressed reservations about the fee structure set forth in such
order, and have expressed their desire for a fee based on a
percentage of revenue.
(2) Congress has strongly encouraged representatives of
copyright owners of sound recordings and representatives of the
small webcasters to engage in negotiations to arrive at an
agreement that would include a fee based on a percentage of
revenue.
(3) The representatives have arrived at an agreement that they
can accept in the extraordinary and unique circumstances here
presented, specifically as to the small webcasters, their belief in
their inability to pay the fees due pursuant to the July 8 order,
and as to the copyright owners of sound recordings and performers,
the strong encouragement of Congress to reach an accommodation with
the small webcasters on an expedited basis.
(4) The representatives have indicated that they do not believe
the agreement provides for or in any way approximates fair or
reasonable royalty rates and terms, or rates and terms that would
have been negotiated in the marketplace between a willing buyer and
a willing seller.
(5) Congress has made no determination as to whether the
agreement provides for or in any way approximates fair or
reasonable fees and terms, or rates and terms that would have been
negotiated in the marketplace between a willing buyer and a willing
seller.
(6) Congress likewise has made no determination as to whether
the July 8 order is reasonable or arbitrary, and nothing in this
Act shall be taken into account by the United States Court of
Appeals for the District of Columbia Circuit in its review of such
order.
(7) It is, nevertheless, in the public interest for the parties
to be able to enter into such an agreement without fear of
liability for deviating from the fees and terms of the July 8
order, if it is clear that the agreement will not be admissible as
evidence or otherwise taken into account in any government
proceeding involving the setting or adjustment of the royalties
payable to copyright owners of sound recordings for the public
performance or reproduction in ephemeral phonorecords or copies of
such works, the determination of terms or conditions related
thereto, or the establishment of notice or recordkeeping
requirements.
SEC. 3. SUSPENSION OF CERTAIN PAYMENTS.
(a) Noncommercial Webcasters.--
(1) In general.--The payments to be made by noncommercial
webcasters for the digital performance of sound recordings under
section 114 of title 17, United States Code, and the making of
ephemeral phonorecords under section 112 of title 17, United States
Code, during the period beginning on October 28, 1998, and ending
on May 31, 2003, which have not already been paid, shall not be due
until June 20, 2003.
(2) Definition.--In this subsection, the term ``noncommercial
webcaster'' has the meaning given that term in section
114(f)(5)(E)(i) of title 17, United States Code, as added by
section 4 of this Act.
(b) Small Commercial Webcasters.--
(1) In general.--The receiving agent may, in a writing signed
by an authorized representative thereof, delay the obligation of
any 1 or more small commercial webcasters to make payments pursuant
to sections 112 and 114 of title 17, United States Code, for a
period determined by such entity to allow negotiations as permitted
in section 4 of this Act, except that any such period shall end no
later than December 15, 2002. The duration and terms of any such
delay shall be as set forth in such writing.
(2) Definitions.--In this subsection--
(A) the term ``webcaster'' has the meaning given that term
in section 114(f)(5)(E)(iii) of title 17, United States Code,
as added by section 4 of this Act; and
(B) the term ``receiving agent'' shall have the meaning
given that term in section 261.2 of title 37, Code of Federal
Regulations, as published in the Federal Register on July 8,
2002.
SEC. 4. AUTHORIZATION FOR SETTLEMENTS.
Section 114(f) of title 17, United States Code, is amended by
adding after paragraph (4) the following:
``(5)(A) Notwithstanding section 112(e) and the other
provisions of this subsection, the receiving agent may enter into
agreements for the reproduction and performance of sound recordings
under section 112(e) and this section by any 1 or more small
commercial webcasters or noncommercial webcasters during the period
beginning on October 28, 1998, and ending on December 31, 2004,
that, once published in the Federal Register pursuant to
subparagraph (B), shall be binding on all copyright owners of sound
recordings and other persons entitled to payment under this
section, in lieu of any determination by a copyright arbitration
royalty panel or decision by the Librarian of Congress. Any such
agreement for small commercial webcasters shall include provisions
for payment of royalties on the basis of a percentage of revenue or
expenses, or both, and include a minimum fee. Any such agreement
may include other terms and conditions, including requirements by
which copyright owners may receive notice of the use of their sound
recordings and under which records of such use shall be kept and
made available by small commercial webcasters or noncommercial
webcasters. The receiving agent shall be under no obligation to
negotiate any such agreement. The receiving agent shall have no
obligation to any copyright owner of sound recordings or any other
person entitled to payment under this section in negotiating any
such agreement, and no liability to any copyright owner of sound
recordings or any other person entitled to payment under this
section for having entered into such agreement.
``(B) The Copyright Office shall cause to be published in the
Federal Register any agreement entered into pursuant to
subparagraph (A). Such publication shall include a statement
containing the substance of subparagraph (C). Such agreements shall
not be included in the Code of Federal Regulations. Thereafter, the
terms of such agreement shall be available, as an option, to any
small commercial webcaster or noncommercial webcaster meeting the
eligibility conditions of such agreement.
``(C) Neither subparagraph (A) nor any provisions of any
agreement entered into pursuant to subparagraph (A), including any
rate structure, fees, terms, conditions, or notice and
recordkeeping requirements set forth therein, shall be admissible
as evidence or otherwise taken into account in any administrative,
judicial, or other government proceeding involving the setting or
adjustment of the royalties payable for the public performance or
reproduction in ephemeral phonorecords or copies of sound
recordings, the determination of terms or conditions related
thereto, or the establishment of notice or recordkeeping
requirements by the Librarian of Congress under paragraph (4) or
section 112(e)(4). It is the intent of Congress that any royalty
rates, rate structure, definitions, terms, conditions, or notice
and recordkeeping requirements, included in such agreements shall
be considered as a compromise motivated by the unique business,
economic and political circumstances of small webcasters, copyright
owners, and performers rather than as matters that would have been
negotiated in the marketplace between a willing buyer and a willing
seller, or otherwise meet the objectives set forth in section
801(b).
``(D) Nothing in the Small Webcaster Settlement Act of 2002 or
any agreement entered into pursuant to subparagraph (A) shall be
taken into account by the United States Court of Appeals for the
District of Columbia Circuit in its review of the determination by
the Librarian of Congress of July 8, 2002, of rates and terms for
the digital performance of sound recordings and ephemeral
recordings, pursuant to sections 112 and 114.
``(E) As used in this paragraph--
``(i) the term `noncommercial webcaster' means a webcaster
that--
``(I) is exempt from taxation under section 501 of the
Internal Revenue Code of 1986 (26 U.S.C. 501);
``(II) has applied in good faith to the Internal
Revenue Service for exemption from taxation under section
501 of the Internal Revenue Code and has a commercially
reasonable expectation that such exemption shall be
granted; or
``(III) is operated by a State or possession or any
governmental entity or subordinate thereof, or by the
United States or District of Columbia, for exclusively
public purposes;
``(ii) the term `receiving agent' shall have the meaning
given that term in section 261.2 of title 37, Code of Federal
Regulations, as published in the Federal Register on July 8,
2002; and
``(iii) the term `webcaster' means a person or entity that
has obtained a compulsory license under section 112 or 114 and
the implementing regulations therefor to make eligible
nonsubscription transmissions and ephemeral recordings.
``(F) The authority to make settlements pursuant to
subparagraph (A) shall expire December 15, 2002, except with
respect to noncommercial webcasters for whom the authority shall
expire May 31, 2003.''.
SEC. 5. DEDUCTIBILITY OF COSTS AND EXPENSES OF AGENTS AND DIRECT
PAYMENT TO ARTISTS OF ROYALTIES FOR DIGITAL PERFORMANCES
OF SOUND RECORDINGS.
(a) Findings.--Congress finds that--
(1) in the case of royalty payments from the licensing of
digital transmissions of sound recordings under subsection (f) of
section 114 of title 17, United States Code, the parties have
voluntarily negotiated arrangements under which payments shall be
made directly to featured recording artists and the administrators
of the accounts provided in subsection (g)(2) of that section;
(2) such voluntarily negotiated payment arrangements have been
codified in regulations issued by the Librarian of Congress,
currently found in section 261.4 of title 37, Code of Federal
Regulations, as published in the Federal Register on July 8, 2002;
(3) other regulations issued by the Librarian of Congress were
inconsistent with the voluntarily negotiated arrangements by such
parties concerning the deductibility of certain costs incurred for
licensing and arbitration, and Congress is therefore restoring
those terms as originally negotiated among the parties; and
(4) in light of the special circumstances described in this
subsection, the uncertainty created by the regulations issued by
the Librarian of Congress, and the fact that all of the interested
parties have reached agreement, the voluntarily negotiated
arrangements agreed to among the parties are being codified.
(b) Deductibility.--Section 114(g) of title 17, United States Code,
is amended by adding after paragraph (2) the following:
``(3) A nonprofit agent designated to distribute receipts from
the licensing of transmissions in accordance with subsection (f)
may deduct from any of its receipts, prior to the distribution of
such receipts to any person or entity entitled thereto other than
copyright owners and performers who have elected to receive
royalties from another designated agent and have notified such
nonprofit agent in writing of such election, the reasonable costs
of such agent incurred after November 1, 1995, in--
``(A) the administration of the collection, distribution,
and calculation of the royalties;
``(B) the settlement of disputes relating to the collection
and calculation of the royalties; and
``(C) the licensing and enforcement of rights with respect
to the making of ephemeral recordings and performances subject
to licensing under section 112 and this section, including
those incurred in participating in negotiations or arbitration
proceedings under section 112 and this section, except that all
costs incurred relating to the section 112 ephemeral recordings
right may only be deducted from the royalties received pursuant
to section 112.
``(4) Notwithstanding paragraph (3), any designated agent
designated to distribute receipts from the licensing of
transmissions in accordance with subsection (f) may deduct from any
of its receipts, prior to the distribution of such receipts, the
reasonable costs identified in paragraph (3) of such agent incurred
after November 1, 1995, with respect to such copyright owners and
performers who have entered with such agent a contractual
relationship that specifies that such costs may be deducted from
such royalty receipts.''.
(c) Direct Payment to Artists.--Section 114(g)(2) of title 17,
United States Code, is amended to read as follows:
``(2) An agent designated to distribute receipts from the
licensing of transmissions in accordance with subsection (f) shall
distribute such receipts as follows:
``(A) 50 percent of the receipts shall be paid to the
copyright owner of the exclusive right under section 106(6) of
this title to publicly perform a sound recording by means of a
digital audio transmission.
``(B) 2\1/2\ percent of the receipts shall be deposited in
an escrow account managed by an independent administrator
jointly appointed by copyright owners of sound recordings and
the American Federation of Musicians (or any successor entity)
to be distributed to nonfeatured musicians (whether or not
members of the American Federation of Musicians) who have
performed on sound recordings.
``(C) 2\1/2\ percent of the receipts shall be deposited in
an escrow account managed by an independent administrator
jointly appointed by copyright owners of sound recordings and
the American Federation of Television and Radio Artists (or any
successor entity) to be distributed to nonfeatured vocalists
(whether or not members of the American Federation of
Television and Radio Artists) who have performed on sound
recordings.
``(D) 45 percent of the receipts shall be paid, on a per
sound recording basis, to the recording artist or artists
featured on such sound recording (or the persons conveying
rights in the artists' performance in the sound recordings).''.
SEC. 6. REPORT TO CONGRESS.
By not later than June 1, 2004, the Comptroller General of the
United States, in consultation with the Register of Copyrights, shall
conduct and submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
study concerning the economic arrangements among small commercial
webcasters covered by agreements entered into pursuant to section
114(f)(5)(A) of title 17, United States Code, as added by section 4 of
this Act, and third parties, and the effect of those arrangements on
royalty fees payable on a percentage of revenue or expense basis.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Small Webcaster Settlement Act of 2002 - (Sec. 3) Permits the suspension of certain payments by noncommercial webcasters. Defines webcasters as persons or entities with compulsory licenses under Federal copyright law to make eligible nonsubscription transmissions and ephemeral recordings. Defines noncommercial webcasters as webcasters who: (1) are exempt from taxation; (2) have applied for tax exemption and have a reasonable chance of obtaining it; or (3) are operated by a public body. Declares that all payments to be made by noncommercial webcasters under Federal copyright law for the digital performance of sound recordings and the making of ephemeral phonorecords during the period from October 28, 1998, to May 31, 2003, which have not already been paid, shall not be due until June 20, 2003.Allows a receiving agent (an agent designated by the Librarian of Congress to collect certain royalty payments that ultimately are given to copyright owners and performers) to delay the obligation of any one or more small commercial webcasters to make certain payments relating to sound recordings or ephemeral recordings for a period of time to allow negotiations to occur under this Act, except that any such period shall end no later than December 15, 2002.(Sec. 4) Authorizes a receiving agent to enter into agreements for the reproduction and performance of sound recordings by one or more small commercial webcasters or noncommercial webcasters during the period from October 28, 1998, to December 31, 2004. Declares that, once published in the Federal Register, such an agreement shall be binding on all copyright owners of sound recordings and other persons entitled to payment, in lieu of any determination by a copyright arbitration royalty panel or decision by the Librarian of Congress. Declares that any such agreement shall include provisions for payment of royalties on the basis of a percentage of revenue or expenses, or both, and a minimum fee. Permits other terms and conditions also to be included in such an agreement.Prohibits any such agreement or any of its provisions from being admissible as evidence or otherwise taken into account in any administrative, judicial, or government proceedings involving the setting or adjustment of royalties and related matters, including establishment of notice or recordkeeping requirements.Expresses the intent of Congress that any royalty rates, rate structure, definitions, terms, conditions, or notice and recordkeeping requirements included in such agreements shall be viewed as a unique compromise rather than as matters that would have been negotiated in the marketplace between a willing buyer and a willing seller.States that nothing in this Act or any agreement made under it shall be taken into account by the United States Court of Appeals for the District of Columbia Circuit in its review of the determination by the Librarian of Congress of July 8, 2002, of rates and terms for the digital performance of sound recordings and ephemeral recordings. Declares that the authority to make settlements under this Act shall expire on December 15, 2002, except that such authority for noncommercial webcasters shall expire on May 31, 2003.(Sec. 5) Authorizes a nonprofit agent designated to distribute receipts from the licensing of certain transmissions to deduct from any of its receipts, prior to their distribution to an entitled person, the reasonable costs of such agent incurred after November 1, 1995, for certain duties. Includes among such duties: (1) the administration of the collection, distribution, and calculation of the royalties, as well as settlement of related disputes; and (2) the licensing and enforcement of rights with respect to the making of ephemeral recordings and performances subject to licensing under this Act and other specified Federal law.Allows any agent designated to distribute receipts from the licensing of certain transmissions to deduct the reasonable costs with respect to copyright owners and performers who have entered with such agent a contractual relationship that specifies that such costs may be deducted from such royalty receipts.Modifies requirements for payments to artists. Shifts responsibility for distributing licensing receipts from the copyright owner to the designated agent. Adds the requirement that 50 percent of the licensing receipts be paid to the copyright owner of the exclusive right under Federal law to publicly perform a sound recording by means of a digital audio transmission.(Sec. 6) Directs the Comptroller General to study and report to specified congressional committees on the economic arrangements among small commercial webcasters covered by agreements entered into under this Act, and third parties, and the effect of those arrangements on royalty fees payable on a percentage of revenue or expense basis. | To amend title 17, United States Code, with respect to the statutory license for webcasting. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Integration Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Supreme Court's 1999 decision in Olmstead v. L.C.,
527 U.S. 581 (1999), held that the unnecessary segregation of
individuals with disabilities is a violation of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(2) Under Olmstead, individuals generally have the right to
receive their supports and services in home and community-based
settings, rather than in institutional settings, if they so
choose.
(3) Olmstead envisioned that States would provide
appropriate long-term services and supports to individuals with
disabilities through home and community-based services and end
forced segregation in nursing homes and other institutions.
(4) While there has been progress in rebalancing State
spending on individuals with disabilities in institutions as
compared to home and community-based settings, more than 75
percent of States continue to spend the majority of their long-
term care dollars on nursing homes and other institutional
settings, and the number of individuals with disabilities under
age 65 in nursing homes increased between 2008 and 2012.
(5) As of June 2013, there were more than 200,000
individuals younger than age 65 in nursing homes--almost 16
percent of the total nursing home population.
(6) Thirty-eight studies published from 2005 to 2012
concluded that providing services in home and community-based
settings is less costly than providing care in a nursing home
or other institutional setting.
(7) No clear or centralized reporting system exists to
compare how effectively States are meeting the Olmstead
mandate.
SEC. 3. ENSURING MEDICAID BENEFICIARIES MAY ELECT TO RECEIVE CARE IN A
HOME AND COMMUNITY-BASED SETTING.
(a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended--
(1) in paragraph (80), by striking ``and'' at the end;
(2) in paragraph (81), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (81) the following new
paragraph:
``(82) in the case of any individual with respect to whom
there has been a determination that the individual requires the
level of care provided in a nursing facility, intermediate care
facility for the mentally retarded, institution for mental
disease, or other similarly restrictive or institutional
setting--
``(A) provide the individual with the choice and
opportunity to receive such care in a home and
community-based setting, including rehabilitative
services, assistance and support in accomplishing
activities of daily living, instrumental activities of
daily living, and health-related tasks, and assistance
in acquiring, maintaining, or enhancing skills
necessary to accomplish such activities, tasks, or
services;
``(B) ensure that each such individual has an equal
opportunity (when compared to the receipt and
availability of nursing facility services) to receive
care in a home and community-based setting, if the
individual so chooses, by ensuring that the provision
of such care in a home and community-based setting is
widely available on a statewide basis for all such
individuals within the State; and
``(C) meet the requirements of section 1904A
(relating to the provision of care in a home and
community-based setting).''.
(b) Requirements for Community Care Options.--Title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting
after section 1904 the following new section:
``provisions related to home and community-based care
``Sec. 1904A. (a) Definitions.--For purposes of this section,
section 1902(a)(82), and section 1905(a)(4)(A):
``(1) Activities of daily living.--The term `activities of
daily living' includes, but is not limited to, tasks such as
eating, toileting, grooming, dressing, bathing, and
transferring.
``(2) Health-related tasks.--The term `health-related
tasks' means specific tasks related to the needs of an
individual, including, but not limited to, bowel or bladder
care, wound care, use and care of ventilators and feeding
tubes, and the administration of medications and injections,
which, in the opinion of the individual's physician, can be
delegated to be performed by an attendant.
``(3) Home and community-based setting.--The term `home and
community-based setting' means, with respect to an individual
who requires a level of care provided in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, a setting that--
``(A) includes a house, apartment, townhouse,
condominium, or similar public or private housing where
the individual resides that--
``(i) is owned or leased by the individual
or a member of the individual's family;
``(ii) ensures the individual's privacy,
dignity, respect, and freedom from coercion;
and
``(iii) maximizes the individual's autonomy
and independence;
``(B) is integrated in, and provides access to, the
general community in which the setting is located so
that the individual has access to the community and
opportunities to seek employment and work in
competitive integrated settings, participate in
community life, control and utilize personal resources,
benefit from community services, and participate in the
community in an overall manner that is comparable to
that available to individuals who are not individuals
with disabilities; and
``(C) has the services and supports that the
individual needs in order to live as independently as
possible.
``(4) Instrumental activities of daily living.--The term
`instrumental activities of daily living' means activities
related to living independently in the community and includes,
but is not limited to, meal planning and preparation, managing
finances, shopping for food, clothing, and other items,
performing household chores, communicating by phone or other
media, and traveling around and participating in the community.
``(5) Public entity.--The term `public entity' means a
public entity as defined in subparagraphs (A) and (B) of
section 201(1) of the Americans with Disabilities Act of 1990.
``(b) Requirements for Providing Services in Home and Community-
Based Settings.--With respect to the availability and provision of
services under the State plan under this title, or under any waiver of
State plan requirements (subject to section 3(d) of the Community
Integration Act of 2014), in a home and community-based setting to any
individual who requires a level of care provided in a nursing facility,
intermediate care facility for the mentally retarded, institution for
mental disease, or other similarly restrictive or institutional
setting, any public entity that receives payment under the State plan
or waiver for providing services to such an individual shall not--
``(1) impose or utilize policies, practices, or procedures,
such as unnecessary requirements or arbitrary service or cost
caps, that limit the availability of services in home and
community-based settings to an individual with a disability
(including individuals with the most significant disabilities)
who need such services;
``(2) impose or utilize policies, practices, or procedures
that limit the availability of services in a home and
community-based setting (including assistance and support in
accomplishing activities of daily living, instrumental
activities of daily living, health-related tasks, and
rehabilitative services) based on the specific disability of an
otherwise eligible individual;
``(3) impose or utilize policies, practices, or procedures
that arbitrarily restrict an individual with a disability from
full and meaningful participation in community life;
``(4) impose or utilize policies, practices, or procedures
that unnecessarily delay or restrict the provision of services
in a home and community-based setting to any individual who
requires such services;
``(5) fail to establish and utilize adequate payment
structures to maintain a sufficient workforce to provide
services in home and community-based settings to any individual
who requires such services;
``(6) fail to provide information, on an ongoing basis, to
help any individual who receives care in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, understand the individual's right to
choose to receive such care in a home and community-based
setting; or
``(7) fail to provide information to help any individual
that requires the level of care provided in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, prior to the individual's placement
in such a facility or institution, understand the individual's
right to choose to receive such care in a home and community-
based setting.
``(c) Plan To Increase Affordable and Accessible Housing.--Not
later than 180 days after the enactment of this section, each State
shall develop a statewide plan to increase the availability of
affordable and accessible private and public housing stock for
individuals with disabilities (including accessible housing for
individuals with physical disabilities and those using mobility
devices).
``(d) Availability of Remedies and Procedures.--
``(1) In general.--The remedies and procedures set forth in
sections 203 and 505 of the Americans with Disabilities Act of
1990 shall be available to any person aggrieved by the failure
of--
``(A) a State to comply with this section or
section 1902(a)(82); or
``(B) a public entity (including a State) to comply
with the requirements of subsection (b).
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to limit any remedy or right of action that
otherwise is available to an aggrieved person under this title.
``(e) Enforcement by the Secretary.--
``(1) In general.--The Secretary may reduce the Federal
matching assistance percentage applicable to the State (as
determined under section 1905(b)) if the Secretary determines
that the State has violated the requirements of subsection (b).
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to limit any remedy or right of action that is
otherwise available to the Secretary.
``(f) Reporting Requirements.--With respect to fiscal year 2016,
and for each fiscal year thereafter, each State shall submit to the
Administrator of the Administration for Community Living of the
Department of Health and Human Services, not later than April 1 of the
succeeding fiscal year, a report, in such form and manner as the
Secretary shall require, that includes--
``(1) the total number of individuals enrolled in the State
plan or under a waiver of the plan during such fiscal year that
required the level of care provided in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, disaggregated by the type of facility
or setting;
``(2) with respect to the total number described in
paragraph (1), the total number of individuals described in
that paragraph who received care in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, disaggregated by the type of facility
or setting; and
``(3) with respect to the total number described in
paragraph (2), the total number of individuals described in
that paragraph who were transitioned from a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting to a home and community-based setting,
disaggregated by the type of home and community-based
setting.''.
(c) Inclusion as a Mandatory Service.--Section 1905(a)(4)(A) of the
Social Security Act (42 U.S.C. 1396d(a)(4)(A)) is amended by striking
``other than'' and inserting ``including similar services such as
rehabilitative services and assistance and support in accomplishing
activities of daily living, instrumental activities of daily living,
and health-related tasks, that are provided, at the individual's
option, in a home and community-based setting (as defined in section
1904A(a)(3)), but not including''.
(d) Application to Waivers.--Notwithstanding section 1904A of the
Social Security Act (as added by subsection (b)), such section, and
sections 1902(a)(82), and 1905(a)(4)(A) of the Social Security Act (42
U.S.C. 1396 et seq.), as amended by subsections (a) and (c),
respectively, shall not apply to any individuals who are eligible for
medical assistance for home and community-based services under a waiver
under section 1115 or 1915 of the Social Security Act (42 U.S.C. 1315,
1396n) and who are receiving such services, to the extent such sections
(as so added or amended) are inconsistent with any such waiver.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on October 1,
2014.
(2) Delay permitted if state legislation required.--In the
case of a State plan under section 1902 of the Social Security
Act (42 U.S.C. 1396a) which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by the amendments made by
this section, the State plan shall not be regarded as failing
to comply with the requirements of such section 1902 solely on
the basis of the failure of the plan to meet such additional
requirements before the 1st day of the 1st calendar quarter
beginning after the close of the 1st regular session of the
State legislature that begins after the date of enactment of
this Act. For purposes of the previous sentence, in the case of
a State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular session
of the State legislature. | Community Integration Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act to require state Medicaid plans to give an individual with disabilities needing the level of care provided in an institutional setting the choice and opportunity to receive such care in a home and community-based setting, including rehabilitative services, assistance and support in accomplishing activities of daily living, instrumental activities of daily living, and health-related tasks, and assistance in acquiring, maintaining, or enhancing skills necessary to accomplish such activities, tasks, or services. Prescribes requirements for providing in home and community-based settings those services such an individual would otherwise receive in an institutional setting, such as a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting. | Community Integration Act of 2014 |
SECTION 1. PROPER TAX TREATMENT OF CERTAIN FINANCIAL INDEBTEDNESS
DISCHARGED IN 2009 OR 2010.
(a) In General.--Section 108(a)(1) of the Internal Revenue Code of
1986 (relating to exclusion from gross income) is amended by striking
``or'' at the end of subparagraph (D), by striking the period at the
end of subparagraph (E) and inserting ``, or'' and by adding at the end
the following new subparagraph:
``(F) the indebtedness discharged is applicable
financial indebtedness which is discharged after
December 31, 2008, and before January 1, 2011.''.
(b) Applicable Financial Indebtedness.--Section 108 of such Code is
amended by adding at the end the following new subsection:
``(i) Definitions and Rules Relating to Applicable Financial
Indebtedness.--For purposes of subsection (a)(1)(F)--
``(1) Applicable financial indebtedness.--The term
`applicable financial indebtedness' means indebtedness--
``(A) which was originally issued by a corporation,
or by a partnership engaged in a trade or business
(other than a trade or business of trading in stocks or
securities for the partnership's own account), and
``(B) which is--
``(i) indebtedness originally issued or
syndicated by a financial institution (as
defined in section 582(c)(2) without regard to
subparagraph (C) thereof) or a depository
institution holding company (as defined in
section 3(w)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(w)(1)),
``(ii) indebtedness which--
``(I) constitutes a security within
the meaning of the Securities Act of
1933, and
``(II) was originally issued
pursuant to a registration statement
that was declared effective under such
Act or pursuant to an exemption from,
or in a transaction not subject to, the
registration requirements of such Act,
or
``(iii) indebtedness that is traded on an
established market (within the meaning of
section 1273(b)(3)).
``(2) Applicable discharges.--Subsection (a)(1)(F) shall
only apply to a discharge of applicable financial indebtedness
if such discharge is by reason of--
``(A) the acquisition of the indebtedness by the
issuer of the indebtedness,
``(B) the acquisition of the indebtedness of the
issuer by a person related, or who becomes related, to
the issuer of the indebtedness from a person who is not
related to the issuer, or
``(C) the significant modification of the
indebtedness (within the meaning of section 1001).
For purposes of subparagraph (B), the determination of whether
a person is related to another person shall be made in the same
manner as under subsection (e)(4).''.
(c) Coordination of Exclusions.--Section 108(a)(2) of such Code is
amended--
(1) by striking ``and (E)'' in subparagraph (A) and
inserting ``(E), and (F)'', and
(2) by adding at the end the following new subparagraph:
``(D) Financial indebtedness exclusion takes
precedence over insolvency exclusion unless elected
otherwise.--Paragraph (1)(B) shall not apply to a
discharge to which paragraph (1)(F) applies unless the
taxpayer elects to apply paragraph (1)(B) in lieu of
paragraph (1)(F).''.
(d) Earnings and Profits.--Section 312(l) of such Code is amended
by adding at the end the following new paragraph:
``(3) Discharge of certain financial indebtedness.--The
earnings and profits of a corporation shall not include income
from a discharge of indebtedness to which section 108(a)(1)(F)
applies.''.
(e) Other Special Rules.--
(1) Treatment as market discount bond.--For purposes of the
Internal Revenue Code of 1986, any indebtedness acquired in a
transaction described in section 108(i)(2)(B) of such Code (as
added by subsection (b)), or received pursuant to an exchange
arising from a transaction described in section 108(i)(2)(C) of
such Code (as so added), shall be treated as a market discount
bond (within the meaning of section 1278(a)(1) of such Code)
having market discount equal to the amount (if any) which, but
for section 108(a)(1)(F) of such Code (as added by subsection
(a)), would have been includible in gross income by reason of
the discharge of such indebtedness in any such transaction.
(2) Acquisitions by foreign persons.--Any interest (or
original issue discount) paid or accrued after December 31,
2008, and before January 1, 2011, on indebtedness which is
described in section 108(a)(1)(F) of such Code by reason of the
acquisition of such indebtedness by a foreign person or by a
partnership (or other pass-through entity) in which a foreign
person is a partner (or other profits or capital owner) shall
not be subject to sections 871(h)(3), 881(c)(3)(B) or
881(c)(3)(C) of such Code. | Amends the Internal Revenue Code to allow an exclusion from gross income for income attributable to the discharge of indebtedness relating to securities issued by certain financial entities and discharged after December 31, 2008, and before January 1, 2011. | A bill to amend the Internal Revenue Code of 1986 with respect to the proper tax treatment of certain indebtedness discharged in 2009 or 2010, and for other purposes. |
OF BOUNDARY CONFLICTS, VICINITY OF MARK TWAIN
NATIONAL FOREST, BARRY AND STONE COUNTIES, MISSOURI.
(a) Definitions.--In this section:
(1) The term ``appropriate Secretary'' means the Secretary of
the Army or the Secretary of Agriculture.
(2) The term ``boundary conflict'' means the situation in which
the private claim of ownership to certain lands, based on
subsequent Federal land surveys, overlaps or conflicts with Federal
ownership of the same lands.
(3) The term ``Federal land surveys'' means any land survey
made by any agency or department of the Federal Government using
Federal employees, or by Federal contract with State-licensed
private land surveyors or corporations and businesses licensed to
provide professional land surveying services in the State of
Missouri for Table Rock Reservoir.
(4) The term ``original land surveys'' means the land surveys
made by the United States General Land Office as part of the Public
Land Survey System in the State of Missouri, and upon which
Government land patents were issued conveying the land.
(5) The term ``Public Land Survey System'' means the
rectangular system of original Government land surveys made by the
United States General Land Office and its successor, the Bureau of
Land Management, under Federal laws providing for the survey of the
public lands upon which the original land patents were issued.
(6) The term ``qualifying claimant'' means a private owner of
real property in Barry or Stone County, Missouri, who has a
boundary conflict as a result of good faith and innocent reliance
on subsequent Federal land surveys, and as a result of such
reliance, has occupied or improved Federal lands administered by
the appropriate Secretary.
(7) The term ``subsequent Federal land surveys'' means any
Federal land surveys made after the original land surveys that are
inconsistent with the Public Land Survey System.
(b) Resolution of Boundary Conflicts.--The Secretary of the Army
and the Secretary of Agriculture shall cooperatively undertake actions
to rectify boundary conflicts and landownership claims against Federal
lands resulting from subsequent Federal land surveys and correctly
reestablish the corners of the Public Land Survey System in Barry and
Stone Counties, Missouri, and shall attempt to do so in a manner which
imposes the least cost and inconvenience to affected private
landowners.
(c) Notice of Boundary Conflict.--
(1) Submission and contents.--A qualifying claimant shall
notify the appropriate Secretary in writing of a claim that a
boundary conflict exists with Federal land administered by the
appropriate Secretary. The notice shall be accompanied by the
following information, which, except as provided in subsection
(e)(2)(B), shall be provided without cost to the United States:
(A) A land survey plat and legal description of the
affected Federal lands, which are based upon a land survey
completed and certified by a Missouri State-licensed
professional land surveyor and done in conformity with the
Public Land Survey System and in compliance with the applicable
State and Federal land surveying laws.
(B) Information relating to the claim of ownership of the
Federal lands, including supporting documentation showing that
the landowner relied on a subsequent Federal land survey due to
actions by the Federal Government in making or approving
surveys for the Table Rock Reservoir.
(2) Deadline for submission.--To obtain relief under this
section, a qualifying claimant shall submit the notice and
information required by paragraph (1) within 15 years after the
date of the enactment of this Act.
(d) Resolution Authorities.--In addition to using existing
authorities, the appropriate Secretary is authorized to take any of the
following actions in order to resolve boundary conflicts with
qualifying claimants involving lands under the administrative
jurisdiction of the appropriate Secretary:
(1) Convey by quitclaim deed right, title, and interest in land
of the United States subject to a boundary conflict consistent with
the rights, title, and interest associated with the privately-owned
land from which a qualifying claimant has based a claim.
(2) Confirm Federal title to, and retain in Federal management,
any land subject to a boundary conflict, if the appropriate
Secretary determines that there are Federal interests, including
improvements, authorized uses, easements, hazardous materials, or
historical and cultural resources, on the land that necessitates
retention of the land or interests in land.
(3) Compensate the qualifying claimant for the value of the
overlapping property for which title is confirmed and retained in
Federal management pursuant to paragraph (2).
(e) Consideration and Cost.--
(1) Conveyance without consideration.--The conveyance of land
under subsection (d)(1) shall be made without consideration.
(2) Costs.--The appropriate Secretary shall--
(A) pay administrative, personnel, and any other costs
associated with the implementation of this section by his or
her Department, including the costs of survey, marking, and
monumenting property lines and corners; and
(B) reimburse the qualifying claimant for reasonable out-
of-pocket survey costs necessary to establish a claim under
this section.
(3) Valuation.--Compensation paid to a qualifying claimant
pursuant to subsection (d)(3) for land retained in Federal
ownership pursuant to subsection (d)(2) shall be valued on the
basis of the contributory value of the tract of land to the larger
adjoining private parcel and not on the basis of the land being a
separate tract. The appropriate Secretary shall not consider the
value of any Federal improvements to the land. The appropriate
Secretary shall be responsible for compensation provided as a
result of subsequent Federal land surveys conducted or commissioned
by the appropriate Secretary's Department.
(f) Preexisting Conditions; Reservations; Existing Rights and
Uses.--
(1) Preexisting conditions.--The appropriate Secretary shall
not compensate a qualifying claimant or any other person for any
preexisting condition or reduction in value of any land subject to
a boundary conflict because of any existing or outstanding permits,
use authorizations, reservations, timber removal, or other land use
or condition.
(2) Existing reservations and rights and uses.--Any conveyance
pursuant to subsection (d)(1) shall be subject to--
(A) reservations for existing public uses for roads,
utilities, and facilities; and
(B) permits, rights-of-way, contracts and any other
authorization to use the property.
(3) Treatment of land subject to special use authorization or
permit.--For any land subject to a special use authorization or
permit for access or utilities, the appropriate Secretary may
convert, at the request of the holder, such authorization to a
permanent easement prior to any conveyance pursuant to subsection
(d)(1).
(4) Future reservations.--The appropriate Secretary may reserve
rights for future public uses in a conveyance made pursuant to
subsection (d)(1) if the qualifying claimant is compensated for the
reservation in cash or in land of equal value.
(5) Hazardous substances.--The requirements of section 120(h)
of the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9620(h)) shall not apply to conveyances or
transfers of jurisdiction pursuant to subsection (d), but the
United States shall continue to be liable for the cleanup costs of
any hazardous substances on the lands so conveyed or transferred if
the contamination by hazardous substances is caused by actions of
the United States or its agents.
(g) Relation to Other Conveyance Authority.--Nothing in this
section affects the Quiet Title Act (28 U.S.C. 2409a) or other
applicable law, or affects the exchange and disposal authorities of the
Secretary of Agriculture, including the Small Tracts Act (16 U.S.C.
521c), or the exchange and disposal authorities of the Secretary of the
Army.
(h) Additional Terms and Conditions.--The appropriate Secretary may
require such additional terms and conditions in connection with a
conveyance under subsection (d)(1) as the Secretary considers
appropriate to protect the interests of the United States.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Establishes procedures for resolving the status of Federal land in Barry and Stone Counties, Missouri, claimed by private property owners based on land surveys subsequent to the Public Land Survey System land surveys upon which the original land patents were issued. Directs the Secretary of the Army and the Secretary of Agriculture to rectify boundary conflicts and landownership claims against Federal lands resulting from subsequent Federal land surveys and correctly reestablish the corners of the System in such counties and to attempt to do so in a manner that imposes the least cost and inconvenience to affected private landowners. Requires qualifying claimants to submit notice and information relating to the claim of ownership of the Federal lands to the Secretary of the Army or the Secretary of Agriculture (as appropriate) within 15 years of enactment of this Act.
Authorizes the appropriate Secretary, in addition to using existing authorities, to take any of the following actions to resolve boundary conflicts: (1) convey by quitclaim deed right, title, and interest in the disputed Federal land; (2) if there are Federal interests in such land, confirm Federal title to it and retain it in Federal management; and (3) compensate the qualifying claimant where title is confirmed and retained pursuant to item (2).
Requires conveyance of land under this Act without consideration. Requires the appropriate Secretary to pay costs (of such Secretary's Department) associated with the resolution of boundary disputes pursuant to this Act and to reimburse qualifying claimants for survey costs necessary to establish a claim. Makes the appropriate Secretary responsible for compensation provided as a result of subsequent Federal land surveys conducted or commissioned by such Secretary's Department.
Provides that the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act regarding the transfer of real property by Federal agencies which is owned by the United States and on which any hazardous substance was stored for at least a year and was known to have been released or disposed of shall not apply to conveyances or transfers of jurisdiction pursuant to this Act, but the United States shall continue to be liable for cleanup costs of any hazardous substances on the lands so conveyed or transferred if the contamination by such substances is caused by Federal actions.
Establishes rules for the treatment of preexisting conditions, existing reservations, and existing rights and uses.
Authorizes appropriations. | A bill to resolve the boundary conflicts in Barry and Stone Counties in the State of Missouri. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Video Choice Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Cable rates continue to rise substantially faster than
the overall rate of inflation.
(2) Wire-based competition in video services is limited to
very few markets. According to the Federal Communications
Commission, only 2 percent of all cable subscribers have the
opportunity to choose between 2 or more wire-based video
service providers.
(3) It is only through wire-based video competition that
price competition exists. The Government Accountability Office
has confirmed that where wire-based competition exists, cable
rates are 15 percent lower than in markets without competition.
(4) It is in the public interest to further wire-based
competition in the video services market in order to provide
greater consumer choice and lower prices for video services.
(5) To spur competition in the communications industry,
Congress has decreased the regulatory burden on new entrants,
thereby increasing entry into the market and creating
competition.
(6) The United States continues to fall behind in broadband
deployment rates. According to a recent study by the
International Telecommunications Union, the United States is
now ranked 16th in the world in broadband deployment.
(7) The deployment of advanced high capacity networks would
greatly spur economic development in rural America.
(8) The deployment of advanced networks that can offer
substantially higher capacity are critical to the long-term
competitiveness of the United States.
SEC. 3. AMENDMENT TO COMMUNICATIONS ACT.
Title VI of the Communication Act of 1934 (47 U.S.C. 521 et seq.)
is amended by adding at the end the following:
``PART VI--VIDEO CHOICE
``SEC. 661. DEFINITION.
``In this part, the term `competitive video services provider'
means any provider of video programming, interactive on-demand
services, other programming services, or any other video services who
has any right, permission, or authority to access public rights-of-way
independent of any cable franchise obtained pursuant to section 621 or
pursuant to any other Federal, State, or local law.
``SEC. 662. REGULATORY FRAMEWORK.
``(a) Redundant Franchises Prohibited.--Notwithstanding any other
provision of this Act, no competitive video services provider may be
required, whether pursuant to section 621 or to any other provision of
Federal, State, or local law, to obtain a franchise in order to provide
any video programming, interactive on-demand services, other
programming services, or any other video services in any area where
such provider has any right, permission, or authority to access public
rights-of-way independent of any cable franchise obtained pursuant to
section 621 or pursuant to any other Federal, State, or local law.
``(b) Fees.--
``(1) In general.--Any competitive video services provider
who provides a service that otherwise would qualify as a cable
service provided over a cable system shall be subject to the
payment of fees to a local franchise authority based on the
gross revenues of such provider that are attributable to the
provision of such service within such provider's service area.
``(2) Considerations.--In determining the fees required by
this subsection--
``(A)(i) the rate at which fees are imposed shall
not exceed the rate at which franchise fees are imposed
on any cable operator providing cable service in the
franchise area, as determined in accordance with
section 622 and any related regulations; or
``(ii) in any jurisdiction in which no cable
operator provides service, the rate at which franchise
fees are imposed shall not exceed the statewide
average; and
``(B) the only revenues that shall be considered
are those attributable to services that would be
considered in calculating franchise fees if such
provider were deemed a cable operator for purposes of
section 622 and any related regulations.
``(3) Billing.--A competitive video services provider shall
designate that portion of the bill of a subscriber attributable
to the fee under paragraph (2) as a separate item on the bill.
``(c) Terms of Service.--A competitive video services provider
shall--
``(1) be subject to the retransmission consent provisions
of section 325(b);
``(2)(A) carry, within each local franchise area, any
public, educational, or governmental use channels that are
carried by cable operators within such franchise area pursuant
to section 611; or
``(B) provide, in any jurisdiction in which no cable
operator provides service, reasonable public, educational and
government access facilities pursuant to section 611;
``(3) be subject to the must-carry provisions of section
614;
``(4) carry noncommercial, educational channels as required
by section 615;
``(5) be considered a multichannel video programming
distributor for purposes of section 628 and be entitled to the
benefits and protection of that section;
``(6) protect the personally identifiable information of
its subscribers as required in section 631;
``(7) comply with any consumer protection and customer
service requirements promulgated by the Commission pursuant to
section 632;
``(8) not be subject to any other provisions of this title;
and
``(9) not deny services to any group of potential
residential subscribers because of the income of the residents
of the local area in which such group resides.
``(d) Regulatory Treatment.--Except to the extent expressly
provided in this part, neither the Commission nor any State or
political subdivision thereof may regulate the rates, charges, terms,
conditions for, entry into, exit from, deployment of, provision of, or
any other aspect of the services provided by a competitive video
services provider.
``(e) State and Local Government Authority.--Except as provided in
subsection (a), nothing in this section affects the authority of a
State or local government to manage the public rights-of-way or to
enact or enforce any consumer protection law.''.
SEC. 4. REGULATION OF COMMON CARRIERS.
Section 651(a)(3) of the Federal Communications Act (47 U.S.C.
571(a)(3)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(C) if such carrier is a competitive video
services provider providing video programming pursuant
to part VI of this title, such carrier shall not be
subject to the requirements of this title but instead
shall be subject only to the provisions of part VI of
this title.''.
SEC. 5. EXISTING FRANCHISE AGREEMENTS.
Any franchise agreement entered into by a franchising authority and
a competitive video service provider for the provision of video service
prior to the date of enactment of this Act shall be exempt from the
provisions of this Act for the term of such agreement. | Video Choice Act of 2005 - Amends the Communications Act of 1934 to prohibit a competitive video services provider (CVSP) from being required to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in an area in which the CVSP has any right or authority to access public rights-of-way independent of any cable franchise obtained pursuant to any federal, state, or local law. Makes the CVSP be subject to the payment of fees (with limits) to a local franchising authority based on the gross revenue of the CVSP in that area.
Prohibits the Federal Communications Commission (FCC) or any state or political subdivision thereof from regulating the rates or any other aspect of the services provided by a CVSP.
Makes current franchise agreements entered into between a franchising authority and a CVSP exempt from this Act for the term of such agreement. | A bill to promote deployment of competitive video services, eliminate redundant and unnecessary regulation, and further the development of next generation broadband networks. |
SECTION 1. TREATMENT OF INTEREST EXPENSE OF QUALIFIED INFRASTRUCTURE
INDEBTEDNESS.
(a) In General.--Section 864(e) of the Internal Revenue Code of
1986 (relating to rules for allocating interest, etc.) is amended by
redesignating paragraphs (6) and (7) as paragraphs (7) and (8),
respectively, and inserting after paragraph (5) the following new
paragraph:
``(6) Treatment of certain interest expense relating to
qualified infrastructure indebtedness.--
``(A) In general.--Interest expense attributable to
qualified infrastructure indebtedness of a taxpayer
shall be allocated and apportioned solely to sources
within the United States and the taxpayer's assets
(whether or not held in the United States) shall be
reduced by the amount of qualified infrastructure
indebtedness.
``(B) Qualified infrastructure indebtedness.--
``(i) In general.--For purposes of this
paragraph, the term `qualified infrastructure
indebtedness' means debt incurred to carry on,
or to acquire, build, or finance property used
predominantly in, the trade or business of the
furnishing or sale of electrical energy or
natural gas in the United States. The
determination of whether debt constitutes
qualified infrastructure indebtedness under the
previous sentence shall be made at the time the
debt is incurred.
``(ii) Required rate regulation.--The rates
for the furnishing or sale of electrical energy
or natural gas by a trade or business under
clause (i) must be established or approved by--
``(I) the District of Columbia or a
State or political subdivision thereof,
``(II) any agency or
instrumentality of the United States,
or
``(III) a public service or public
utility commission or other similar
body of the District of Columbia or of
any State or political subdivision
thereof.
``(iii) Limitation.--If the rate regulation
under clause (ii) applies only to a portion of
the trade or business of the furnishing or sale
of electrical energy or natural gas, the debt
incurred to carry on, or to acquire, build, or
finance property used in, such trade or
business shall constitute qualified
infrastructure indebtedness only to the extent
that the ratio of the total outstanding
qualified infrastructure indebtedness with
respect to such trade or business (including
such debt) to the total outstanding
indebtedness with respect to such trade or
business does not exceed the ratio of the
assets used in the portion of the trade or
business that is subject to such rate
regulation to the total assets used in such
trade or business. For purposes of the
determination under the preceding sentence,
assets shall be measured using book value for
taxation purposes unless the taxpayer makes an
election to use fair market value. Such
election shall apply to the taxable year for
which the election is made and all subsequent
taxable years unless revoked with the consent
of the Secretary.''
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to debt incurred in taxable years beginning after the
date of enactment of this Act.
(2) Outstanding debt.--In the case of debt outstanding as
of the date of enactment of this Act, the determination of
whether such debt constitutes ``qualified infrastructure
indebtedness'' shall be made by applying the rules of section
864(e)(6)(B) of the Internal Revenue Code of 1986, as added by
this section, on the date such debt was incurred. | Amends Internal Revenue Code provisions concerning the allocation of interest to provide as a general rule that interest expense attributable to qualified infrastructure indebtedness of a taxpayer shall be allocated and apportioned solely to sources within the United States and the taxpayer's assets (whether or not held in the United States) shall be reduced by the amount of qualified infrastructure indebtedness. | A bill to amend the Internal Revenue Code of 1986 to provide a special rule regarding allocation of interest expense of qualified infrastructure indebtedness of taxpayers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fueling the U.S.A. Through Unlimited
Reliable Energy Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Economic prosperity and national security are closely
linked to an affordable and ample energy supply.
(2) Environmental quality is closely linked to energy
production and use.
(3) Population, worldwide economic development, energy
consumption, and stress on the environment are all expected to
increase substantially in the coming decades.
(4) The few energy options with the potential to meet
economic and environmental needs for the long-term future
should be pursued as part of a balanced national energy plan.
(5) Fusion energy is an attractive long-term energy source
due to virtually inexhaustible supply of fuel, its potential as
a substantial energy source requiring relatively little land
mass, and its promise of minimal environmental impact and
inherent safety.
(6) The National Research Council, the President's
Committee of Advisors on Science and Technology, and the
Secretary of Energy Advisory Board have each recently reviewed
the Fusion Energy Sciences Program and each strongly supports
the fundamental science and creative innovation of the program
and has confirmed that progress toward the goal of producing
practical fusion energy has been excellent, although much
scientific and engineering work remains to be done.
(7) Each of these reviews and United States fusion
scientists have stressed the need for a magnetic fusion burning
experiment to address key scientific issues and as a necessary
step in the development of fusion energy.
(8) Further, the United States fusion research community
has developed a strong consensus that the first option for
United States involvement in a burning plasma experiment should
be through the international experiment known as ``ITER'' and
that, should the ITER experiment fail to go forward, then the
construction of a domestic burning plasma experiment should be
pursued aggressively.
(9) The National Research Council has also called for a
broadening of the Fusion Energy Sciences Program research base
as a means to more fully integrate the fusion science community
into the broader scientific community.
(10) The Fusion Energy Sciences Program budget is
inadequate to support the necessary science and innovation for
the present generation of experiments, and cannot accommodate
the cost of participation in or construction of a burning
plasma experiment.
(11) The Department of Energy's Fusion Energy Sciences
Advisory Committee has been recently tasked with the
development of a plan to demonstrate the provision of fusion
power to the United States electric grid within 35 years.
Although this effort is to be commended, Congress finds that
the importance of the development of fusion energy warrants
that every effort be made to credibly accelerate this
timeframe.
SEC. 3. GOALS.
It shall be the goal of the United States to demonstrate electric
power and hydrogen production for the United States energy grid
utilizing a fusion energy device at the earliest date possible. It
shall also be the goal of the United States to develop the scientific,
engineering, and commercial infrastructure necessary to ensure that the
United States is wholly competitive with other nations in providing
fusion energy for its own needs and the needs of other nations.
SEC. 4. PLAN FOR FUSION ENERGY SCIENCES PROGRAM.
(a) Declaration of Policy.--It shall be the policy of the United
States to conduct research, development, demonstration, and commercial
application activities to provide for the scientific, engineering, and
commercial infrastructure necessary to ensure that the United States is
competitive with other nations in providing fusion energy for its own
needs and the needs of other nations, including by demonstrating
electric power or hydrogen production for the United States energy grid
utilizing fusion energy at the earliest date possible.
(b) Fusion Energy Plan.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Energy shall transmit
to Congress a plan for carrying out the policy set forth in
subsection (a), including cost estimates, proposed budgets,
potential international partners, and specific programs for
implementing such policy.
(2) Requirements of plan.--Such plan shall also ensure
that--
(A) existing fusion research facilities are more
fully utilized;
(B) fusion science, technology, theory, advanced
computation, modeling, and simulation are strengthened;
(C) new magnetic and inertial fusion research
facilities are selected based on scientific innovation,
cost effectiveness, and their potential to advance the
goal of practical fusion energy at the earliest date
possible;
(D) the facilities that are selected are funded at
a cost-effective rate;
(E) communication of scientific results and methods
between the fusion energy science community and the
broader scientific and technology communities is
improved;
(F) inertial confinement fusion facilities are
utilized to the extent practicable for the purpose of
inertial fusion energy research and development;
(G) attractive alternative inertial and magnetic
fusion energy approaches are more fully explored; and
(H) to the extent practical, the recommendations of
the March 2004 Fusion Energy Sciences Advisory
Committee report on Workforce Planning are carried out,
including periodic assessment of program needs.
(3) Report on fusion materials and technology project.--The
plan required by this subsection shall also address the status
of, and to the degree possible, the costs and schedules for--
(A) the design and implementation of international
or national facilities for the testing of fusion
materials; and
(B) the design and implementation of international
or national facilities for the testing and development
of key fusion technologies.
SEC. 5. ITER.
(a) Agreement.--(1) The Secretary of Energy is authorized to
negotiate an agreement for United States participation in ITER.
(2) Any agreement for United States participation in ITER shall, at
a minimum--
(A) clearly define the United States financial contribution
to construction and operating costs;
(B) ensure that the share of ITER's high-technology
components manufactured in the United States is at least
proportionate to the United States financial contribution to
ITER;
(C) ensure that the United States will not be financially
responsible for cost overruns in components manufactured in
other ITER participating countries;
(D) guarantee the United States full access to all data
generated by ITER;
(E) enable United States researchers to propose and carry
out an equitable share of the experiments at ITER;
(F) provide the United States with a role in all collective
decisionmaking related to ITER; and
(G) describe the process for discontinuing or
decommissioning ITER and any United States role in that
process.
(b) Plan.--The Secretary of Energy, in consultation with the Fusion
Energy Sciences Advisory Committee, shall develop a plan for the
participation of United States scientists in ITER that shall include
the United States research agenda for ITER, methods to evaluate whether
ITER is promoting progress toward making fusion a reliable and
affordable source of power, and a description of how work at ITER will
relate to other elements of the United States fusion program. The
Secretary shall request a review of the plan by the National Academy of
Sciences, the results of which the Secretary shall transmit to Congress
not later than 90 days after the date of enactment of this Act.
(c) Limitation.--No Federal funds shall be expended for the
construction of ITER until the Secretary of Energy has transmitted to
Congress--
(1) the agreement negotiated pursuant to subsection (a) and
120 days have elapsed since that transmission;
(2) a report describing the management structure of ITER
and providing a fixed dollar estimate of the cost of United
States participation in the construction of ITER, and 120 days
have elapsed since that transmission;
(3) a report describing how United States participation in
ITER will be funded without reducing funding for other programs
in the Office of Science, including other fusion programs, and
60 days have elapsed since that transmission; and
(4) the plan required by subsection (b) (but not
necessarily the National Academy of Sciences review of that
plan), and 60 days have elapsed since that transmission.
SEC. 6. PLAN FOR FUSION EXPERIMENT.
If at any time during the negotiations on ITER, the Secretary
determines that construction and operation of ITER is unlikely or
infeasible, the Secretary shall send to Congress, as part of the budget
request for the following year, a plan for implementing a domestic
burning plasma experiment such as FIRE, including costs and schedules
for such a plan. The Secretary shall refine such plan in full
consultation with the Fusion Energy Sciences Advisory Committee and
shall also transmit such plan to the National Academy of Sciences for
review. The Secretary shall transmit the results of that review to
Congress not later than 1 year after the date of enactment of this Act.
SEC. 7. DEFINITIONS.
As used in this Act--
(1) the term ``construction'' means the physical
construction of the ITER facility, and the physical
construction, purchase, or manufacture of equipment or
components that are specifically designed for the ITER
facility, but does not mean the design of the facility,
equipment, or components;
(2) the term ``FIRE'' means the Fusion Ignition Research
Experiment, the fusion research experiment for which design
work has been supported by the Department of Energy as a
possible alternative burning plasma experiment in the event
that ITER fails to move forward; and
(3) the term ``ITER'' means the international burning
plasma fusion research project in which the President announced
United States participation on January 30, 2003.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Fusion Energy Sciences Program.--There are authorized to be
appropriated to the Secretary of Energy for the Fusion Energy Sciences
Program, excluding activities described in sections 5 and 6--
(1) for fiscal year 2006, $335,000,000;
(2) for fiscal year 2007, $349,000,000;
(3) for fiscal year 2008, $362,000,000;
(4) for fiscal year 2009, $377,000,000; and
(5) for fiscal year 2010, $393,000,000.
(b) ITER.--There are authorized to be appropriated to the Secretary
of Energy for activities described in section 5 such sums as are
necessary for each of the fiscal years 2006 through 2010. | Fueling the U.S.A. Through Unlimited Reliable Energy Act of 2005 - Declares that it shall be the policy of the United States to conduct research, development, demonstration, and commercial application activities to provide for the scientific, engineering, and commercial infrastructure necessary to ensure that the United States is competitive with other nations in providing fusion energy for its own needs and the needs of other nations, including by demonstrating electric power or hydrogen production for the United States energy grid utilizing fusion energy at the earliest date possible.
Instructs the Secretary of Energy to transmit to Congress a plan meeting specified requirements for carrying out such policy.
Authorizes the Secretary, subject to certain guidelines, to negotiate an agreement for U.S. participation in ITER (international burning plasma fusion research project).
Directs the Secretary to develop a plan for the participation of U.S. scientists in ITER that includes the U.S. research agenda for ITER, methods to evaluate whether ITER is promoting progress toward making fusion a reliable and affordable source of power, and a description of how work at ITER will relate to other elements of the domestic fusion program.
Directs the Secretary to send to Congress a plan for implementing a domestic burning plasma experiment such as Fusion Ignition Research Experiment (FIRE), if at any time during the negotiations on ITER the Secretary determines that construction and operation of ITER is unlikely or infeasible. | To promote fusion energy development in the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Litigation Savings Act''.
SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.
(a) Agency Proceedings.--Section 504 of title 5, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)----
(i) by inserting after the first sentence
the following: ``Fees and other expenses may be
awarded under this subsection only to a
prevailing party who has a direct and personal
interest in the adversary adjudication because
of medical costs, property damage, denial of
benefits, unpaid disbursement, fees and other
expenses incurred in defense of the
adjudication, interest in a policy concerning
such medical costs, property damage, denial of
benefits, unpaid disbursement, or fees and
other expenses, or otherwise.''; and
(ii) by adding at the end the following:
``The agency conducting the adversary
adjudication shall make any party against whom
the adjudication is brought, at the time the
adjudication is commenced, aware of the
provisions of this section.''; and
(B) in paragraph (3), in the first sentence--
(i) by striking ``may reduce'' and
inserting ``shall reduce''; and
(ii) by striking ``unduly and
unreasonably'' and inserting ``unduly or
unreasonably'';
(2) in subsection (b)(1)--
(A) in subparagraph (A)(ii), by striking ``$125 per
hour'' and all that follows through the end and
inserting ``$200 per hour.);''; and
(B) in subparagraph (B)(ii), by striking ``; except
that'' and all that follows through ``section 601;''
and inserting ``except that--
``(I) the net worth of a party (other than an
individual or a unit of local government) shall include
the net worth of any parent entity or subsidiary of
that party; and
``(II) for purposes of subclause (I)--
``(aa) a `parent entity' of a party is an
entity that owns or controls the equity or
other evidences of ownership in that party; and
``(bb) a `subsidiary' of a party is an
entity the equity or other evidences of
ownership in which are owned or controlled by
that party;'';
(3) in subsection (c)(1), by striking ``, United States
Code''; and
(4) by striking subsections (e) and (f) and inserting the
following:
``(e)(1) The Chairman of the Administrative Conference of the
United States, after consultation with the Chief Counsel for Advocacy
of the Small Business Administration, shall report annually to the
Congress on the amount of fees and other expenses awarded during the
preceding fiscal year pursuant to this section. The report shall
describe the number, nature, and amount of the awards, the claims
involved in the controversy, and any other relevant information that
may aid the Congress in evaluating the scope and impact of such awards.
Each agency shall provide the Chairman in a timely manner all
information necessary for the Chairman to comply with the requirements
of this subsection. The report shall be made available to the public
online.
``(2)(A) The report required by paragraph (1) shall account for all
payments of fees and other expenses awarded under this section that are
made pursuant to a settlement agreement, regardless of whether the
settlement agreement is sealed or otherwise subject to nondisclosure
provisions, except that any version of the report made available to the
public may not reveal any information the disclosure of which is
contrary to the national security of the United States.
``(B) The disclosure of fees and other expenses required under
subparagraph (A) does not affect any other information that is subject
to nondisclosure provisions in the settlement agreement.
``(f) The Chairman of the Administrative Conference shall create
and maintain online a searchable database containing the following
information with respect to each award of fees and other expenses under
this section:
``(1) The name of each party to whom the award was made.
``(2) The name of each counsel of record representing each
party to whom the award was made.
``(3) The agency to which the application for the award was
made.
``(4) The name of each counsel of record representing the
agency to which the application for the award was made.
``(5) The name of each administrative law judge, and the
name of any other agency employee serving in an adjudicative
role, in the adversary adjudication that is the subject of the
application for the award.
``(6) The amount of the award.
``(7) The names and hourly rates of each expert witness for
whose services the award was made under the application.
``(8) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(g) The online searchable database described in subsection (f)
may not reveal any information the disclosure of which is prohibited by
law or court order, or the disclosure of which is contrary to the
national security of the United States.
``(h) The Director of the Office of Management and Budget shall
adjust the maximum hourly fee set forth in subsection (b)(1)(A)(ii) for
the fiscal year beginning October 1, 2012, and for each fiscal year
thereafter, to reflect changes in the Consumer Price Index, as
determined by the Secretary of Labor.''.
(b) Court Cases.--Section 2412(d) of title 28, United States Code,
is amended--
(1) by amending paragraph (1)(A) to read as follows: ``(A)
Except as otherwise specifically provided by statute, a court,
in any civil action (other than cases sounding in tort),
including proceedings for judicial review of agency action,
brought by or against the United States in any court having
jurisdiction of that action, shall award to a prevailing party
(other than the United States) fees and other expenses, in
addition to any costs awarded pursuant to subsection (a),
incurred by that party in the civil action, unless the court
finds that the position of the United States was substantially
justified or that special circumstances make an award unjust.
Fees and other expenses may be awarded under this paragraph
only to a prevailing party who has a direct and personal
interest in the civil action because of medical costs, property
damage, denial of benefits, unpaid disbursement, fees and other
expenses incurred in defense of the civil action, interest in a
policy concerning such medical costs, property damage, denial
of benefits, unpaid disbursement, or fees and other expenses,
or otherwise.'';
(2) in paragraph (1)(C)--
(A) by striking ``court, in its discretion, may''
and inserting ``court shall''; and
(B) by striking ``unduly and unreasonably'' and
inserting ``unduly or unreasonably'';
(3) in paragraph (2)--
(A) in subparagraph (A)(ii), by striking ``$125''
and all that follows through the end and inserting
``$200 per hour.);'';
(B) in subparagraph (B)(ii), by striking ``; except
that'' and all that follows through ``section 601 of
title 5;'' and inserting ``except that--
``(I) the net worth of a party (other than an
individual or a unit of local government) shall include
the net worth of any parent entity or subsidiary of
that party; and
``(II) for purposes of subclause (I)--
``(aa) a `parent entity' of a party is an
entity that owns or controls the equity or
other evidences of ownership in that party; and
``(bb) a `subsidiary' of a party is an
entity the equity or other evidences of
ownership in which are owned or controlled by
that party;''; and
(4) by adding at the end the following:
``(5) The Director of the Office of Management and Budget shall
adjust the maximum hourly fee set forth in paragraph (2)(A)(ii) for the
fiscal year beginning October 1, 2012, and for each fiscal year
thereafter, to reflect changes in the Consumer Price Index, as
determined by the Secretary of Labor.
``(6)(A) The Chairman of the Administrative Conference of the
United States shall report annually to the Congress on the amount of
fees and other expenses awarded during the preceding fiscal year
pursuant to this subsection. The report shall describe the number,
nature, and amount of the awards, the claims involved in each
controversy, and any other relevant information which may aid the
Congress in evaluating the scope and impact of such awards. Each agency
shall provide the Chairman with such information as is necessary for
the Chairman to comply with the requirements of this paragraph. The
report shall be made available to the public online.
``(B)(i) The report required by subparagraph (A) shall account for
all payments of fees and other expenses awarded under this subsection
that are made pursuant to a settlement agreement, regardless of whether
the settlement agreement is sealed or otherwise subject to
nondisclosure provisions, except that any version of the report made
available to the public may not reveal any information the disclosure
of which is contrary to the national security of the United States.
``(ii) The disclosure of fees and other expenses required under
clause (i) does not affect any other information that is subject to
nondisclosure provisions in the settlement agreement.
``(C) The Chairman of the Administrative Conference shall include
and clearly identify in the annual report under subparagraph (A), for
each case in which an award of fees and other expenses is included in
the report--
``(i) any amounts paid from section 1304 of title 31 for a
judgment in the case;
``(ii) the amount of the award of fees and other expenses;
and
``(iii) the statute under which the plaintiff filed suit.
``(7) The Chairman of the Administrative Conference shall create
and maintain online a searchable database containing the following
information with respect to each award of fees and other expenses under
this subsection:
``(A) The name of each party to whom the award was made.
``(B) The name of each counsel of record representing each
party to whom the award was made.
``(C) The agency involved in the case.
``(D) The name of each counsel of record representing the
agency involved in the case.
``(E) The name of each judge in the case, and the court in
which the case was heard.
``(F) The amount of the award.
``(G) The names and hourly rates of each expert witness for
whose services the award was made.
``(H) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(8) The online searchable database described in paragraph (7) may
not reveal any information the disclosure of which is prohibited by law
or court order, or the disclosure of which is contrary to the national
security of the United States.
``(9) The Attorney General of the United States shall provide to
the Chairman of the Administrative Conference of the United States in a
timely manner all information necessary for the Chairman to carry out
the Chairman's responsibilities under this subsection.''.
(c) Clerical Amendment.--Section 2412(e) of title 28, United States
Code, is amended by striking ``of section 2412 of title 28, United
States Code,'' and inserting ``of this section''.
SEC. 3. GAO STUDY.
Not later than 30 days after the date of the enactment of this Act,
the Comptroller General shall commence an audit of the implementation
of the Equal Access to Justice Act for the years 1995 through the end
of the calendar year in which this Act is enacted. The Comptroller
General shall, to the extent practical, not later than 1 year after the
end of the calendar year in which this Act is enacted, complete such
audit and submit to the Congress a report on the results of the audit. | Government Litigation Savings Act - (Sec. 2) Revises provisions of the Equal Access to Justice Act (EAJA) and the federal judicial code relating to the fees and other expenses of parties in agency proceedings and court cases against the federal government.
Restricts awards of fees and other expenses under EAJA to prevailing parties with a direct and personal interest in an adjudication, including because of medical costs, property damage, denial of benefits, an unpaid disbursement, and other expenses of adjudication, or because of a policy interest.
Requires (currently, authorizes) the reduction or denial of an award if the party during the course of the proceedings engaged in conduct which unduly or unreasonably (currently, unduly and unreasonably) protracted the final resolution of the matter in controversy.
Increases to $200 per hour the cap on attorney fees awarded under EAJA and eliminates the cost-of-living and special factor considerations for allowing an increase in the hourly rate for such fees.
Eliminates the net worth exemption for determining eligibility for fees and expenses under EAJA for tax-exempt organizations and cooperative associations under the Agricultural Marketing Act.
Expands the reporting requirements of the Chairman of the Administrative Conference of the United States to require the Chairman to report on fees and expenses awarded pursuant to a settlement agreement and to create and maintain online a searchable database containing detailed information with respect to each award of fees and other expenses under EAJA.
(Sec. 3) Requires the Comptroller General (GAO) to: (1) audit the implementation of EAJA for the years 1995 through the end of the calendar year in which this Act is enacted, (2) complete such audit not later that one year after the end of the calendar year in which this Act is enacted, and (3) report to Congress on the results of such audit. | To amend titles 5 and 28, United States Code, with respect to the award of fees and other expenses in cases brought against agencies of the United States, to require the Administrative Conference of the United States to compile, and make publically available, certain data relating to the Equal Access to Justice Act, and for other purposes. |
SECTION 1. SHORT TITLE, FINDINGS.
(a) Short Title.--This Act may be cited as the ``Fire Safe
Cigarette Act of 1999''.
(b) Findings.--Congress finds that--
(1) cigarette ignited fires are the leading cause of fire
deaths in the United States;
(2) in 1996 cigarette ignited fires caused--
(A) 1,083 deaths;
(B) 2,809 civilian injuries; and
(C) $420,000,000 in property damage;
(3) each year, more than 100 children are killed from
cigarette-related fires;
(4) the technical work necessary to achieve a cigarette
fire safety standard has been accomplished under the Cigarette
Safety Act of 1984 (15 U.S.C. 2054 note) and the Fire Safe
Cigarette Act of 1990 (15 U.S.C. 2054 note);
(5) it is appropriate for Congress to require the
establishment of a cigarette fire safety standard for the
manufacture and importation of cigarettes;
(6) the most recent study by the Consumer Product Safety
Commission found that the cost of the loss of human life and
personal property from the absence of a cigarette fire safety
standard is $6,000,000,000 a year; and
(7) it is appropriate that the regulatory expertise of the
Consumer Product Safety Commission be used to implement a
cigarette fire safety standard.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(2) Cigarette.--The term ``cigarette'' has the meaning
given that term in section 3 of the Federal Cigarette Labeling
and Advertising Act (15 U.S.C. 1332).
(3) Stockpiling.--The term ``stockpiling'' means the
manufacturing or importing of a cigarette during the period
beginning on the date of promulgation of a rule under section
3(a) and ending on the effective date of that rule, at a rate
greater than the rate at which cigarettes were manufactured or
imported during the 1-year period immediately preceding the
date of promulgation of that rule.
SEC. 3. CIGARETTE FIRE SAFETY STANDARD.
(a) In General.--
(1) Promulgation of cigarette fire safety standard.--Not
later than 18 months after the date of enactment of this Act,
the Commission shall promulgate a rule that establishes a
cigarette fire safety standard for cigarettes to reduce the
risk of ignition presented by cigarettes.
(2) Requirements.--In establishing the cigarette fire
safety standard under paragraph (1), the Commission shall--
(A) consult with the Director of the National
Institute of Standards and Technology and make use of
such capabilities of the as the Commission considers
necessary;
(B) seek the advice and expertise of the heads of
other Federal agencies and State agencies engaged in
fire safety; and
(C) take into account the final report to Congress
made by the Commission and the Technical Study Group on
Cigarette and Little Cigar Fire Safety established
under section 3 of the Fire Safe Cigarette Act of 1990
(15 U.S.C. 2054 note), that includes a finding that
cigarettes with a low ignition propensity were already
on the market at the time of the preparation of the
report.
(b) Stockpiling.--The Commission shall include in the rule
promulgated under subsection (a) a prohibition on the stockpiling of
cigarettes covered by the rule.
(c) Effective Date of Rule.--The rule promulgated under subsection
(a) shall take effect not later than 30 months after the date of the
enactment of this Act.
(d) Procedure.--
(1) In general.--The rule under subsection (a) shall be
promulgated in accordance with section 553 of title 5, United
States Code.
(2) Construction.--Except as provided in paragraph (1), no
other provision of Federal law shall be construed to apply with
respect to the promulgation of a rule under subsection (a),
including--
(A) the Consumer Product Safety Act (15 U.S.C. 2051
et seq.);
(B) chapter 6 of title 5, United States Code;
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(D) the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121) and the
amendments made by that Act.
(e) Judicial Review.--
(1) General rule.--
(A) In general.--Any person who is adversely
affected by the rule promulgated under subsection (a)
may, at any time before the 60th day after the
Commission promulgates the rule, file a petition with
the United States Court of Appeals for the District of
Columbia Circuit or for any other circuit in which that
person resides or has its principal place of business
to obtain judicial review of the rule.
(B) Petition.--Upon the filing of a petition under
subparagraph (A), a copy of the petition shall be
transmitted by the clerk of the court to the Secretary
of Commerce. The Commission shall file in the court the
record of the proceedings on which the Commission based
the rule, in the same manner as is prescribed for the
review of an order issued by an agency under section
2112 of title 28, United States Code.
(2) Additional evidence.--
(A) In general.--With respect to a petition filed
under paragraph (1), the court may order additional
evidence (and evidence in rebuttal thereof) to be taken
before the Commission in a hearing or in such other
manner, and upon such terms and conditions, as the
court considers appropriate, if the petitioner--
(i) applies to the court for leave to
adduce additional evidence; and
(ii) demonstrates, to the satisfaction of
the court, that--
(I) such additional evidence is
material; and
(II) there was no opportunity to
adduce such evidence in the proceeding
before the Commission.
(B) Modification.--With respect to the rule
promulgated by the Commission under subsection (a), the
Commission--
(i) may modify the findings of fact of the
Commission, or make new findings, by reason of
any additional evidence taken by a court under
subparagraph (A); and
(ii) if the Commission makes a modification
under clause (i), shall file with the court the
modified or new findings, together with such
recommendations as the Commission determines to
be appropriate, for the modification of the
rule, to be promulgated as a final rule under
subsection (a).
(3) Court jurisdiction.--Upon the filing of a petition
under paragraph (1), the court shall have jurisdiction to
review the rule of the Commission, as modified under paragraph
(2), in accordance with chapter 7 of title 5, United States
Code.
(f) Small Business Review.--Section 30 of the Small Business Act
(15 U.S.C. 657) shall not apply with respect to--
(1) a cigarette fire safety standard promulgated by the
Commission under subsection (a); or
(2) any agency action taken to enforce that standard.
SEC. 4. ENFORCEMENT.
(a) Prohibition.--No person may--
(1) manufacture or import a cigarette, unless the cigarette
is in compliance with a cigarette fire safety standard
promulgated under section 3(a); or
(2) fail to provide information as required under this Act.
(b) Penalty.--A violation of subsection (a) shall be considered a
violation of section 19 of the Consumer Product Safety Act (15 U.S.C.
2068).
SEC. 5. PREEMPTION.
(a) In General.--This Act, including the cigarette fire safety
standard promulgated under section 3(a), shall not be construed to
preempt or otherwise affect in any manner any law of a State or
political subdivision thereof that prescribes a fire safety standard
for cigarettes that is more stringent than the standard promulgated
under section 3(a).
(b) Defenses.--In any civil action for damages, compliance with the
fire safety standard promulgated under section 3(a) may not be admitted
as a defense. | Fire Safe Cigarette Act of 1999 - Directs the Consumer Product Safety Commission to promulgate a rule that establishes a fire safety standard for cigarettes, including a prohibition on stockpiling cigarettes covered by such rule. Prohibits the manufacture or import of cigarettes not in compliance with such standard. Authorizes a person adversely affected by such standard to file a petition for judicial review within a specified time period. | Fire Safe Cigarette Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Horse Protection Amendments Act of
2014''.
SEC. 2. DEFINITION.
Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended--
(1) by redesignating paragraphs (1), (2) and (3) as
paragraphs (2), (4) and (5), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) The term `Horse Industry Organization' means the
organization established pursuant to section 4(c)(1).''; and
(3) by inserting after paragraph (2), as redesignated, the
following:
``(3) The term `objective inspection' means an inspection
conducted using only inspection methods based on science-based
protocols (including swabbing or blood testing protocols)
that--
``(A) have been the subject of testing and are
capable of producing scientifically reliable,
reproducible results;
``(B) have been subjected to peer review; and
``(C) have received acceptance in the veterinary or
other applicable scientific community.''.
SEC. 3. INCREASING PROTECTIONS FOR HORSES PARTICIPATING IN HORSE SHOWS,
EXHIBITIONS, OR SALES OR AUCTIONS.
(a) Findings.--Section 3 of the Horse Protection Act (15 U.S.C.
1822) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) the Inspector General of the Department of
Agriculture has determined that the program through which the
Secretary inspects horses is not adequate to ensure compliance
with this Act;''.
(b) Horse Shows and Exhibitions.--Section 4 of the Horse Protection
Act (15 U.S.C. 1823) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Disqualification of Horses.--
``(1) In general.--In addition to being subject to
applicable criminal or civil penalties authorized under section
6, the management of any horse show or horse exhibition shall
disqualify any horse from being shown or exhibited--
``(A) which, upon objective testing, is determined
to be sore; or
``(B) if the management has been notified that the
horse is sore by--
``(i) a person appointed in accordance with
regulations prescribed under subsection (c); or
``(ii) the Secretary.
``(2) Duration of disqualification.--In addition to any
other requirements or penalties imposed under this Act, any
horse that has been determined to be sore by objective testing
shall be disqualified from being shown or exhibited for--
``(A) a period of not less than 30 days for the
first such determination; and
``(B) a period of 90 days for a second
determination and any subsequent determination.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Appointment of Inspectors; Manner of Inspections.--
``(1) Establishment of horse industry organization.--
``(A) In general.--Not later than 180 days after
the date of the enactment of the Horse Protection
Amendments Act of 2014, the Secretary shall prescribe,
by regulation, the establishment of the Horse Industry
Organization, which shall be governed by a board
consisting of not more than 9 individuals, who shall be
appointed in accordance with subparagraphs (B) and (C).
``(B) Members.--Of the 9 members constituting the
Horse Industry Organization Board--
``(i) 2 members shall be appointed by the
Commissioner of Agriculture for the State of
Tennessee to serve for a term of 4 years;
``(ii) 2 members shall be appointed by the
Commissioner of Agriculture for the
Commonwealth of Kentucky to serve for a term of
4 years;
``(iii) 2 members shall represent the
Tennessee Walking Horse industry and shall be
appointed from within such industry by the
members appointed pursuant to clauses (i) and
(ii), in accordance with a process developed by
such members, to serve for an initial term of 3
years; and
``(iv) not more than 3 members shall be
appointed by the 6 members appointed pursuant
to clauses (i) through (iii) to serve for a
term of 4 years.
``(C) Quorum; vacancies.--
``(i) Quorum.--Five members of the Horse
Industry Organization Board shall constitute a
quorum for the transaction of business.
``(ii) Effect of vacancy.--A vacancy on the
Horse Industry Organization Board shall not
impair the authority of the Board.
``(iii) Subsequent appointments.--
Subsequent appointments, including
reappointments of existing Board members, shall
be made in accordance with subparagraph (B),
except that all such appointments shall be for
a term of 4 years.
``(iv) Bylaws.--The members of the Horse
Industry Organization Board, in consultation
with the Secretary, shall develop bylaws and
other policies for operations, the
establishment of committees, and filling
vacancies on the Board.
``(D) Termination.--Section 14(a)(2)(B) of the
Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Horse Industry Organization.
``(E) Licensing requirements.--
``(i) In general.--The Horse Industry
Organization shall establish requirements to
appoint persons qualified--
``(I) to detect and diagnose a
horse which is sore; or
``(II) to otherwise inspect horses
for the purposes of enforcing this Act.
``(ii) Conflicts of interest.--Requirements
established pursuant to clause (i) shall
require any person appointed by the Horse
Industry Organization Board, or a member of the
immediate family of such a person, to be free
from conflicts of interest, by reason of any
association or connection with the walking
horse industry, including--
``(I) through employment by, or the
provision of any services to, any show
manager, trainer, owner, or exhibitor
of Tennessee Walking horses, Spotted
Saddle horses, or Racking horses; and
``(II) training, exhibiting,
shoeing, breeding, or selling Tennessee
Walking horses, Spotted Saddle horses,
or Racking horses.
``(F) Certification.--
``(i) Certification.--After the members of
the Horse Industry Organization Board have been
appointed pursuant to subparagraph (B), the
Secretary shall certify the Horse Industry
Organization in accordance with section 11.7 of
title 9, Code of Federal Regulations
(Certification and licensing of designated
qualified persons), including the training of
inspectors.
``(ii) Revocation of certification.--Not
later than 90 days after the date on which the
Horse Industry Organization is established
pursuant to this paragraph, the Secretary shall
revoke the certification issued to any other
horse industry organization under section 11.7
of title 9, Code of Federal Regulations (or any
successor regulation), as in effect on such
date.
``(2) Responsibilities of horse industry organization.--The
Horse Industry Organization shall--
``(A) establish a formal affiliation with the
management of each horse sale, horse exhibition, and
horse sale or auction;
``(B) appoint inspectors to conduct inspections at
each such show, exhibition, and sale or auction;
``(C) identify and contract with equine veterinary
experts to advise the Horse Industry Organization Board
on--
``(i) objective scientific testing methods
and procedures; and
``(ii) the certification of testing
results; and
``(D) otherwise ensure compliance with this Act, in
coordination with the Secretary.''.
(c) Unlawful Acts.--Section 5 of the Horse Protection Act (15
U.S.C. 1824) is amended--
(1) in paragraph (3), by striking ``appoint and retain a
person in accordance with section 4(c) of this Act'' and
inserting ``establish a formal affiliation with the Horse
Industry Organization under section 4(c)(2)(A)'';
(2) in paragraph (4), by striking ``appoint and retain a
qualified person in accordance with section 4(c) of this Act''
and inserting ``establish a formal affiliation with the Horse
Industry Organization under section 4(c)(2)(A)'';
(3) in paragraph (5), by striking ``appointed and retained
a person in accordance with section 4(c) of this Act'' and
inserting ``established a formal affiliation with the Horse
Industry Organization under section 4(c)(2)(A)''; and
(4) in paragraph (6)--
(A) by striking ``appointed and retained a person
in accordance with section 4(c) of this Act'' and
inserting ``established a formal affiliation with the
Horse Industry Organization under section 4(c)(2)(A)'';
and
(B) by striking ``such person or the Secretary''
and inserting ``a person licensed by the Horse Industry
Organization''.
SEC. 4. RULEMAKING.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Agriculture shall issue regulations to carry out
the amendments made by this Act. | Horse Protection Amendments Act of 2014 - Amends the Horse Protection Act to replace the Designated Qualified Persons program responsible for inspecting horses for soring with a new inspection system. (The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness.) Requires a sore horse to be disqualified from being shown or exhibited for at least 30 days for the first determination that the horse is sore and 90 days for a second determination and any subsequent determination. Requires the Secretary of Agriculture (USDA) to establish a single Horse Industry Organization (HIO) in order to establish a formal affiliation with the management of each horse sale, horse exhibition, and horse sale or auction, appoint inspectors to conduct inspections, contract with equine veterinary experts to advise the HIO Board on objective scientific testing methods and certification of testing results, and otherwise ensure compliance with the Horse Protection Act. Directs the appointment of individuals by the Commissioners of Agriculture for Tennessee and Kentucky to govern the HIO. Requires those individuals to appoint individuals representing the Tennessee Walking Horse industry. | Horse Protection Amendments Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Battlefield Excellence through
Superior Training Practices Act'' or ``BEST Practices Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Department of Defense has made impressive strides
in the development and use of methods of medical training and
troop protection, such as the use of tourniquets and
improvements in body armor, that have led to decreased
battlefield fatalities.
(2) The Department of Defense uses more than 6,000 live
animals each year to train physicians, medics, corpsmen, and
other personnel methods of responding to severe battlefield
injuries.
(3) The civilian sector has almost exclusively phased in
the use of superior human-based training methods for numerous
medical procedures currently taught in military courses using
animals.
(4) Human-based medical training methods such as simulators
replicate human anatomy and can allow for repetitive practice
and data collection.
(5) According to scientific, peer-reviewed literature,
medical simulation increases patient safety and decreases
errors by healthcare providers.
(6) The Army Research, Development and Engineering Command
and other entities of the Department of Defense have made
impressive strides in the development of methods for the
replacement of live animal-based training.
(7) According to the report by the Department of Defense
titled ``Final Report on the use of Live Animals in Medical
Education and Training Joint Analysis Team'' published on July
12, 2009--
(A) validated, high-fidelity simulators will be
available for nearly every high-volume or high-value
battlefield medical procedure by the end of 2011, and
many were available as of 2009; and
(B) validated, high-fidelity simulators will be
available to teach all other procedures to respond to
common battlefield injuries by 2014.
SEC. 3. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN MEDICAL
TRAINING.
(a) In General.--Chapter 101 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2017. Requirement to use human-based methods for certain medical
training
``(a) Combat Trauma Injuries.--(1) Not later than October 1, 2014,
the Secretary of Defense shall develop, test, and validate human-based
training methods for the purpose of training members of the armed
forces in the treatment of combat trauma injuries with the goal of
replacing live animal-based training methods.
``(2) Not later than October 1, 2016, the Secretary--
``(A) shall only use human-based training methods for the
purpose of training members of the armed forces in the
treatment of combat trauma injuries; and
``(B) may not use animals for such purpose.
``(b) Exception for Particular Commands and Training Methods.--(1)
The Secretary may exempt a particular command, particular training
method, or both, from the requirement for human-based training methods
under subsection (a)(2) if the Secretary determines that human-based
training methods will not provide an educationally equivalent or
superior substitute for live animal-based training methods for such
command or training method, as the case may be.
``(2) Any exemption under this subsection shall be for such period,
not more than one year, as the Secretary shall specify in granting the
exemption. Any exemption may be renewed (subject to the preceding
sentence).
``(c) Annual Reports.--(1) Not later than October 1, 2012, and each
year thereafter, the Secretary shall submit to the congressional
defense committees a report on the development and implementation of
human-based training methods and replacement of live animal-based
training methods for the purpose of training members of the armed
forces in the treatment of combat trauma injuries under this section.
``(2) Each report under this subsection on or after October 1,
2016, shall include a description of any exemption under subsection (b)
that is in force as of the time of such report, and a current
justification for such exemption.
``(d) Definitions.--In this section:
``(1) The term `combat trauma injuries' means severe
injuries likely to occur during combat, including--
``(A) hemorrhage;
``(B) tension pneumothorax;
``(C) amputation resulting from blast injury;
``(D) compromises to the airway; and
``(E) other injuries.
``(2) The term `human-based training methods' means, with
respect to training individuals in medical treatment, the use
of systems and devices that do not use animals, including--
``(A) simulators;
``(B) partial task trainers;
``(C) moulage;
``(D) simulated combat environments;
``(E) human cadavers; and
``(F) rotations in civilian and military trauma
centers.
``(3) The term `partial task trainers' means training aids
that allow individuals to learn or practice specific medical
procedures.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of such title is amended by adding at the end the following
new item:
``2017. Requirement to use human-based methods for certain medical
training.''. | Battlefield Excellence through Superior Training Practices Act or BEST Practices Act - Requires the Secretary of Defense (DOD), no later than: (1) October 1, 2014, to develop, test, and validate human-based training methods for training members of the Armed Forces in the treatment of combat injuries, with the goal of replacing live animal-based training methods; and (2) October 1, 2016, to use only use human-based training methods for such purposes. Prohibits the use of animals in such training after the latter date. Provides an exception when the Secretary determines that human-based training methods will not provide an educationally equivalent or superior substitute for live animal-based training methods.
Requires an annual report from the Secretary to the congressional defense committees on the development and implementation of the human-based training methods, as well as any exceptions implemented. | A bill to amend title 10, United States Code, to require the Secretary of Defense to use only human-based methods for training members of the Armed Forces in the treatment of severe combat injuries. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disabled American Financial Security
Act of 2006''.
SEC. 2. DISABLED AMERICAN FINANCIAL SECURITY ACCOUNTS.
(a) In General.--Subchapter F of chapter 1 of the Internal Revenue
Code of 1986 (relating to exempt organizations) is amended by inserting
after part VIII the following new part:
``PART IX--SAVINGS FOR INDIVIDUALS WITH DISABILITIES
``Sec. 530A. Disabled American Financial Security Accounts.
``SEC. 530A. DISABLED AMERICAN FINANCIAL SECURITY ACCOUNTS.
``(a) General Rule.--A Disabled American Financial Security Account
shall be exempt from taxation under this subtitle. Notwithstanding the
preceding sentence, such account shall be subject to the taxes imposed
by section 511 (relating to imposition of tax on unrelated business
income of charitable organizations).
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Disabled american financial security account.--The
term `Disabled American Financial Security Account' means a
trust created or organized in the United States (and designated
as a Disabled American Financial Security Account at the time
created or organized) exclusively for the purpose of paying
qualified disability expenses of an individual who is disabled
and who is the designated beneficiary of the trust, but only if
the written governing instrument creating the trust meets the
following requirements:
``(A) No contribution will be accepted--
``(i) unless it is in cash, and
``(ii) except in the case of rollover
contributions described in subsection (c)(4),
if such contribution would result in aggregate
contributions for the taxable year and all
preceding taxable years exceeding $500,000.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
that person will administer the trust will be
consistent with the requirements of this section.
``(C) No part of the trust assets will be invested
in life insurance contracts.
``(D) The assets of the trust shall not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Qualified disability expenses.--The term `qualified
disability expenses' means, with respect to an individual with
a disability, amounts paid or incurred for--
``(A) education, medical care, employment training,
moving, daily subsistence, and assistive technology,
and
``(B) after the designated beneficiary has attained
the age of 18, housing and transportation.
``(3) Individual with a disability.--
``(A) In general.--An individual is an individual
with a disability if such individual has been certified
by a physician as having a disability.
``(B) Disability.--The term `disability' means
disabled (within the meaning of section 1614(a)(3) of
the Social Security Act (42 U.S.C. 1382c(a)(3)).
``(C) Physician.--The term `physician' has the
meaning given to such term by section 1861(r)(1) of the
Social Security Act (42 U.S.C. 1395x(r)(1)).
``(c) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount paid or distributed out of a Disabled
American Financial Security Account shall be included in gross
income by the payee or distributee, as the case may be, for the
taxable year in which received in the manner as provided in
section 72.
``(2) Distributions for benefit of designated
beneficiary.--
``(A) In general.--No amount shall be includible in
gross income under paragraph (1) if the qualified
disability expenses of the designated beneficiary
during the taxable year are not less than the aggregate
distributions during the taxable year.
``(B) Distributions in excess of expenses.--If such
aggregate distributions exceed such expenses during the
taxable year, the amount otherwise includible in gross
income under paragraph (1) shall be reduced by the
amount which bears the same ratio to the amount which
would be includible in gross income under paragraph (1)
(without regard to this subparagraph) as the qualified
disability expenses bear to such aggregate
distributions.
``(C) Disallowance of excluded amounts as
deduction, credit, or exclusion.--No deduction, credit,
or exclusion shall be allowed to the taxpayer under any
other section of this chapter for any qualified
disability expenses to the extent taken into account in
determining the amount of the exclusion under this
paragraph.
``(3) Additional tax for distributions not used for benefit
of designated beneficiary.--
``(A) In general.--The tax imposed by this chapter
for any taxable year on any taxpayer who receives a
payment or distribution from a Disabled American
Financial Security Account shall be increased by 10
percent of the amount thereof which is includible in
gross income under paragraph (1).
``(B) Exception.--Subparagraph (A) shall not apply
if the payment or distribution is made to a beneficiary
(or to the estate of the designated beneficiary) on or
after the death of the designated beneficiary.
``(C) Contributions returned before certain date.--
Subparagraph (A) shall not apply to the distribution of
any contribution made during a taxable year if--
``(i) such distribution is made before the
first day of the sixth month of the taxable
year following the taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
excess contribution.
Any net income described in clause (ii) shall be
included in gross income for the taxable year in which
such excess contribution was made.
``(4) Rollovers.--Paragraph (1) shall not apply to any
amount paid or distributed from a Disabled American Financial
Security Account to the extent that the amount received is
paid, not later than the 60th day after the date of such
payment or distribution, into another Disabled American
Financial Security Account for the benefit of the same
beneficiary. The preceding sentence shall not apply to any
payment or distribution if it applied to any prior payment or
distribution during the 12-month period ending on the date of
the payment or distribution.
``(5) Change in beneficiary.--Any change in the beneficiary
of a Disabled American Financial Security Account shall not be
treated as a distribution for purposes of paragraph (1) if the
new beneficiary is disabled and is a member of the family (as
defined in section 529(e)(2)) of the old beneficiary.
``(d) Tax Treatment of Accounts.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to any Disabled
American Financial Security Account.
``(e) Community Property Laws.--This section shall be applied
without regard to any community property laws.
``(f) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if--
``(1) the assets of such account are held by a bank (as
defined in section 408(n) or another person who demonstrates,
to the satisfaction of the Secretary, that the manner in which
he will administer the account will be consistent with the
requirements of this section, and
``(2) the custodial account would, except for the fact that
it is not a trust, constitute an account described in
subsection (c)(1).
For purposes of this title, in the case of a custodial account treated
as a trust by reason of the preceding sentence, the custodian of such
account shall be treated as the trustee thereof.
``(g) Reports.--The trustee of a Disabled American Financial
Security Account shall make such reports regarding such account to the
Secretary and to the beneficiary of the account with respect to
contributions, distributions, and such other matters as the Secretary
may require. The reports required by this subsection shall be filed at
such time and in such manner and furnished to such individuals at such
time and in such manner as may be required.
``(h) Coordination With Means-Tested Programs.--Amounts held by, or
paid or distributed from, a Disabled American Financial Security
Account shall not be taken into account in determining eligibility for,
or the amount or extent of, benefits provided by any program funded in
whole or in part with Federal funds.''.
(b) Conforming Amendments.--
(1) Penalty for failure to meet minimum distribution
requirement.--Subsection (c) of section 4974 of such Code is
amended by striking ``or'' at the end of paragraph (4), by
striking the period at the end of paragraph (5) and inserting
``, or'', and by inserting after paragraph (5) the following
new paragraph:
``(6) any Disabled American Financial Security Account (as
defined in section 530A(b)).''.
(2) Tax on prohibited transactions.--Subsection (c) of
section 4975 of such Code (relating to tax on prohibited
transactions) is amended by adding at the end the following new
paragraph:
``(7) Special rule for disabled american financial security
accounts.--An individual for whose benefit a Disabled American
Financial Security Account is established and any contributor
to such account shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if
section 530A(d) applies with respect to such transaction.''.
(3) Reports.--Paragraph (2) of section 6693(a) of such Code
is amended by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively, and by inserting after
subparagraph (C) the following new subparagraph:
``(D) section 530A(g) (relating to Disabled
American Financial SecurityAccounts).''.
(c) Clerical Amendment.--The table of parts for subchapter F of
chapter 1 of such Code is amended by inserting after the item relating
to part VIII the following new item:
``Part IX. Savings for Individuals With Disabilities.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Disabled American Financial Security Act of 2006 - Amends the Internal Revenue Code to establish tax-exempt Disabled American Financial Security Accounts to pay certain expenses, including expenses for education, medical care, and employment training, of disabled individuals. | To amend the Internal Revenue Code of 1986 to provide for the establishment of disabled American financial security accounts for the care of family members with disabilities. |
SECTION 1. SMALL BUSINESS AND AGRICULTURAL PRODUCER ENERGY EMERGENCY
DISASTER LOAN PROGRAM.
(a) Small Business Producer Energy Emergency Disaster Loan
Program.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is
amended by adding at the end the following new paragraph:
``(4) Energy emergency disaster loans.--
``(A) Authority.--The Administrator may make or
guarantee a loan to a small business concern that the
Administrator determines has suffered or is likely to
suffer substantial economic injury as a result of a
significant increase in the price of heating oil,
natural gas, gasoline, transportation fuel, propane, or
kerosene.
``(B) Interest rates.--Any loan or guarantee
extended pursuant to this paragraph shall be made at
the same interest rate as an economic injury loan made
or guaranteed under paragraph (2).
``(C) Limitation.--
``(i) In general.--No loan may be made or
guaranteed under this paragraph if the total
amount outstanding and committed to the
borrower under this subsection would exceed
$1,500,000.
``(ii) Exception.--The Administrator may
waive the limitation under clause (i) for a
borrower if the Administrator determines that
the borrower constitutes a major source of
employment in its surrounding area.
``(D) Declarations of disaster.--No assistance
shall be available under this paragraph unless--
``(i) the President or the Administrator
has made a declaration of a disaster area by
reason of a significant increase in the price
of heating oil, natural gas, gasoline,
transportation fuel, propane, or kerosene; or
``(ii) the Governor of a State in which a
significant increase in the price of heating
oil, natural gas, gasoline, transportation
fuel, propane, or kerosene has occurred
certifies to the Administrator that small
business concerns have suffered economic injury
as a result of such increase and are in need of
financial assistance that is not otherwise
available on reasonable terms in that State.
``(E) Conversion to renewable or alternative energy
sources.--Notwithstanding any other provision of law, a
small business concern receiving a loan under this
paragraph may use the loan to convert from the use of
heating oil, natural gas, gasoline, propane, or
kerosene to a renewable or alternative energy source,
including agricultural and municipal solid waste,
geothermal energy, cogeneration, solar energy, wind
energy, or fuel cells.
``(F) Definitions.--In this paragraph, the
following definitions apply:
``(i) The term `base price index' means the
moving average of the closing unit price on the
New York Mercantile Exchange for heating oil,
natural gas, gasoline, transportation fuel, or
propane for the 10 days, in each of the most
recent 2 preceding years, which correspond to
the trading days described in clause (ii).
``(ii) The term `current price index' means
the moving average of the closing unit price on
the New York Mercantile Exchange, for the 10
most recent trading days, for contracts to
purchase heating oil, natural gas, gasoline,
transportation fuel, or propane during the
subsequent calendar month, commonly known as
the `front month'.
``(iii) The term `significant increase'
means--
``(I) with respect to the price of
heating oil, natural gas, gasoline,
transportation fuel, or propane, an
increase of the current price index
over the base price index by not less
than 40 percent; and
``(II) with respect to the price of
kerosene, any increase which the
Administrator, in consultation with the
Secretary of Energy, determines to be
significant.''.
(b) Effective Date.--The amendment made by this Act shall apply
with respect to economic injury suffered on or after the date of the
enactment of this Act. | Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to make or guarantee a loan to a small business that has suffered, or is likely to suffer, substantial economic injury as a result of a significant increase in the price of heating oil, natural gas, gasoline, transportation fuel, propane, or kerosene. Prohibits such a loan or guarantee if the total amount outstanding and committed to the borrower would exceed $1.5 million (with an exception).
Prohibits any such assistance unless there has been a declaration of a disaster in the area or the governor of the state involved has certified that small businesses have suffered economic injury as a result of the price increases.
Allows a small business to use assistance funds to convert to a renewable or alternative energy source. | To amend the Small Business Act to establish an energy emergency disaster loan program. |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The United States, the People's Republic of China
(China), and the Republic of India (India) account for 35
percent of the world's demand for petroleum. All 3 countries
are negatively impacted by high and volatile oil and petroleum
prices and have a common interest in avoiding global supply
shocks, developing alternative fuel sources, and lessening
reliance on supplies of oil and petroleum from unstable regions
of the world.
(2) China, the United States, and India are respectively
the top 3 producers and consumers of coal in the world.
(3) The United States, China, and India respectively
represent the largest, second largest, and fifth largest
electricity generators in the world.
(4) China is likely the world's largest source of
anthropogenic greenhouse gas emissions, followed closely by the
United States, and India is the world's fifth largest
greenhouse gas emitter.
(5) According to the World Bank, 16 of the world's 20 most
polluted cities are in China. Ninety percent of all rivers in
China show signs of significant pollution, and 62 percent of
China's waterways are unsuitable for fish. Several areas in
India have heavy metal and chemical contamination in
concentrations many times higher than international health
standards.
(6) Given these shared energy challenges, the United
States, China, and India have a vested interest in partnering
on policies that could help avoid future tensions over limited
and geographically constrained energy resources.
(7) Mutually beneficial scientific, technological, and
trade partnerships between the United States, China, and India
can accelerate the transition to more sustainable and secure
energy supplies, such as wind, solar, biofuels, and clean coal,
and provide tremendous economic, environmental, and security
benefits for all 3 nations.
SEC. 2. POLICY.
It is the policy of the United States to develop an informed
dialogue with China and India regarding the sustainable use of energy
and the protection of the environment, the promotion of best practices
for clean energy and technology investments, and the development and
transfer of energy and environmental technologies based on fair and
robust international trading regimes.
SEC. 3. ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE COMMISSION TO
COORDINATE ENERGY AND ENVIRONMENTAL ISSUES RELATING TO
THE UNITED STATES, CHINA, AND INDIA.
(a) Establishment.--There is established a Congressional-Executive
Commission on Clean Energy Trade Between Key Consuming Nations (in this
Act referred to as the ``Commission'') to coordinate energy and
environmental issues relating to the United States, China, and India.
(b) Goal of the Commission.--
(1) In general.--The goal of the Commission is to establish
a dialogue among the United States, China, and India to promote
the policy described in section 2.
(2) Dialogue.--The Commission shall provide a cooperative
and collaborative dialogue in the following areas:
(A) Development and promotion of clean, efficient,
and secure electricity production and transmission.
(B) Development and promotion of clean water, water
quality management, and safe drinking water.
(C) Development and promotion of clean air and air
quality management.
(D) Development and promotion of clean and
efficient transportation.
(E) Conservation and management of forests and
wetlands, and the ecosystems of forests and wetlands.
(c) Membership of the Commission.--
(1) Selection and appointment of members.--The Commission
shall be composed of 17 members as follows:
(A) Five Members of the House of Representatives,
appointed by the Speaker of the House of
Representatives, of which--
(i) 3 members shall be selected from the
majority party; and
(ii) 2 members shall be selected, after
consultation with the minority leader of the
House, from the minority party.
(B) Five Members of the Senate, appointed by the
President of the Senate, of which--
(i) 3 members shall be selected, after
consultation with the majority leader of the
Senate, from the majority party; and
(ii) 2 members shall be selected, after
consultation with the minority leader of the
Senate, from the minority party.
(C) One representative of the Department of State,
appointed by the President from among officers and
employees of that Department.
(D) One representative of the Department of Energy,
appointed by the President from among officers and
employees of that Department.
(E) One representative of the Environmental
Protection Agency, appointed by the President from
among officers and employees of that Agency.
(F) One representative of the Department of
Commerce, appointed by the President from among
officers and employees of that Department.
(G) Three at-large representatives, appointed by
the President from among the officers and employees of
the executive branch of the Government.
(2) Chairperson and cochairperson.--
(A) Designation of chairperson.--At the beginning
of each odd-numbered Congress, the President of the
Senate, on the recommendation of the majority leader,
shall designate 1 of the members of the Commission from
the Senate as Chairperson of the Commission. At the
beginning of each even-numbered Congress, the Speaker
of the House of Representatives shall designate 1 of
the members of the Commission from the House as
Chairperson of the Commission.
(B) Designation of cochairperson.--At the beginning
of each odd-numbered Congress, the Speaker of the House
of Representatives shall designate 1 of the members of
the Commission from the House as Cochairperson of the
Commission. At the beginning of each even-numbered
Congress, the President of the Senate, on the
recommendation of the majority leader, shall designate
1 of the members of the Commission from the Senate as
Cochairperson of the Commission.
(3) Votes of the commission.--Decisions of the Commission,
including adoption of reports and recommendations, shall be
made by a majority vote of the members of the Commission
present and voting.
(4) Quorum.--Two-thirds of the members of the Commission
shall constitute a quorum for purposes of conducting business.
(d) Annual Report.--
(1) In general.--The Commission shall submit a report to
the President and the Congress not later than September 15,
2009, and annually thereafter, setting forth the assessments
and analyses described in paragraph (2), the recommendations
described in paragraph (3), and the assessment and accounting
described in paragraph (4). The Commission may submit to the
President and Congress reports that supplement annual reports
described in this subsection, as appropriate.
(2) Contents of annual report.--The report required by
paragraph (1) shall include the following for the 12-month
period preceding the report:
(A) A comprehensive assessment of China's and
India's efforts to initiate or implement programs
associated with the policy described in section 2.
(B) An analysis of the state of energy supply and
demand challenges and environmental protection issues
shared by China, India, and the United States, as well
as how those challenges and issues impact the greater
global community.
(C) An analysis of the funding levels and support
for research and development and commercial investment
in clean energy and environmental technologies,
products, and services by China and India.
(D) An analysis of the issues regarding technology
transfer and sharing, including the role that
intellectual property protection plays in limiting
trade in clean energy technologies among China, India,
and the United States.
(E) An analysis of export and import data regarding
trade among China, India, and the United States for
clean energy and environmental technologies, products,
and services.
(F) An analysis of the patterns of trade and
investment between China and India, and their major
trading partners (other than the United States) with
respect to clean energy and environmental technologies,
products, and services that appear to be substantively
different from trade and investment patterns between
China, India, and the United States and the impact
those differences have on commercial opportunities to
United States businesses.
(3) Recommendations.--The Commission shall include in the
report required by paragraph (1) recommendations for action by
Congress and the President on--
(A) how to maximize the development and deployment
of clean energy and environmental technologies,
products, and services in China, India, and the United
States; and
(B) how to ensure that trade in such technologies,
products, and services benefits the interests of the
United States.
(4) Expenditure of appropriations.--The report required by
paragraph (1) shall include an assessment and accounting of how
the Commission used any appropriations made to the Commission.
SEC. 4. TESTIMONY OF WITNESSES; PRODUCTION OF EVIDENCE; ISSUANCE OF
SUBPOENAS; ADMINISTRATION OF OATHS.
(a) In General.--In carrying out the provisions of this Act, the
Commission may require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books, records,
correspondence, memoranda, papers, documents, and electronically
recorded data as the Commission considers necessary.
(b) Subpoenas.--Subpoenas may be issued only pursuant to a \2/3\
vote of members of the Commission present and voting. Subpoenas may be
issued over the signature of the Chairperson of the Commission or any
member designated by the Chairperson, and may be served by any person
designated by the Chairperson or such member. The Chairperson of the
Commission, or any member designated by the Chairperson, may administer
oaths to any witnesses.
SEC. 5. STAFF OF THE COMMISSION.
(a) Personnel and Administration Committee.--The Commission shall
have a personnel and administration committee composed of the
Chairperson, the Cochairperson, the senior member of the Commission
from the minority party of the House of Representatives, and the senior
member of the Commission from the minority party of the Senate.
(b) Committee Functions.--
(1) In general.--All decisions pertaining to the hiring,
firing, and fixing of pay of personnel of the Commission shall
be by a majority vote of the personnel and administration
committee, except that--
(A) the Chairperson shall be entitled to appoint
and fix the pay of the staff director, and the
Cochairperson shall be entitled to appoint and fix the
pay of the Cochairperson's senior staff member; and
(B) the Chairperson and Cochairperson shall each
have the authority to appoint, with the approval of the
personnel and administration committee, at least 4
professional staff members who shall be responsible to
the Chairperson or the Cochairperson (as the case may
be) who appointed them.
(2) Appointment; pay.--The personnel and administration
committee may appoint and fix the pay of such other personnel
as the committee considers desirable.
(3) Staff appointments.--All staff appointments shall be
made without regard--
(A) to the provisions of title 5, United States
Code, governing appointments in the competitive
service; or
(B) to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to
classification and general schedule pay rates.
(4) Qualifications of professional staff.--The personnel
and administration committee shall ensure that the professional
staff of the Commission consists of persons with expertise in
the areas following:
(A) Energy.
(B) Environmental protection.
(C) Trade.
(D) Chinese and Indian politics, economics, and
language.
(5) Commission employees as congressional employees.--For
purposes of pay and other employment benefits, rights, and
privileges, and for all other purposes, any employee of the
Commission shall be considered to be a congressional employee
as defined in section 2107 of title 5, United States Code.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR THE COMMISSION.
(a) Authorization; Disbursements.--
(1) Authorization.--There are authorized to be appropriated
to the Commission $5,000,000 for each of the fiscal years 2009
through 2013 to carry out the provisions of this Act. Any sums
appropriated to the Commission shall remain available until
expended.
(2) Disbursements.--Appropriations to the Commission shall
be disbursed on vouchers approved--
(A) jointly by the Chairperson and the
Cochairperson; or
(B) by a majority of the members of the personnel
and administration committee established pursuant to
section 5(a).
(b) Foreign Travel for Official Purposes.--Foreign travel for
official purposes by members and staff of the Commission may be
authorized by either the Chairperson or the Cochairperson.
(c) Printing and Binding Costs.--For purposes of costs relating to
printing and binding, including the costs of personnel detailed from
the Government Printing Office, the Commission shall be deemed to be a
committee of Congress.
SEC. 7. SUNSET.
The Commission shall terminate on September 30, 2013. | Declares it to be the policy of the United States to develop an informed dialogue with China and India on the sustainable use of energy and the protection of the environment, the promotion of best practices for clean energy and technology investments, and the development and transfer of energy and environmental technologies.
Establishes a Congressional-Executive Commission on Clean Energy Trade Between Key Consuming Nations to coordinate energy and environmental issues relating to the United States, China, and India and to establish a dialogue among such nations on the development and promotion of clean energy production, clean air and water, clean and efficient transportation, and the conservation and management of forests and wetlands and their ecosystems. | A bill to establish a framework for coordination and cooperation on energy and environmental issues among the United States, the People's Republic of China, and India, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Information Security
Management Reform Act of 2015''.
SEC. 2. DUTIES OF THE SECRETARY OF HOMELAND SECURITY RELATED TO
INFORMATION SECURITY.
Section 3553(b)(6) of title 44, United States Code, is amended by
striking subparagraphs (B), (C), and (D) and inserting the following:
``(B) operating consolidated intrusion detection,
prevention, or other protective capabilities and use of
associated countermeasures for the purpose of
protecting agency information and information systems
from information security threats;
``(C) providing incident detection, analysis,
mitigation, and response information and remote or
onsite technical assistance to the head of an agency;
``(D) compiling and analyzing data on agency
information security;
``(E) developing and conducting targeted risk
assessments and operational evaluations for agency
information and information systems in consultation
with the heads of other agencies or governmental and
private entities that own and operate such systems,
that may include threat, vulnerability, and impact
assessments;
``(F) in conjunction with other agencies and the
private sector, assessing and fostering the development
of information security technologies and capabilities
for use across multiple agencies; and
``(G) coordinating with appropriate agencies and
officials to ensure, to the maximum extent feasible,
that policies and directives issued under paragraph (2)
are complementary with--
``(i) standards and guidelines developed
for national security systems; and
``(ii) policies and directives issued by
the Secretary of Defense and the Director of
National Intelligence under subsection (e)(1);
and''.
SEC. 3. COMMUNICATIONS AND SYSTEM TRAFFIC AND DIRECTION TO AGENCIES.
Section 3553 of title 44, United States Code, is amended by adding
at the end the following:
``(h) Communications and Systems Traffic.--
``(1) In general.--
``(A) Acquisition by the secretary.--
Notwithstanding any other provision of law and subject
to subparagraph (B), in carrying out the
responsibilities under subparagraphs (B), (C), and (E)
of subsection (b)(6), if the Secretary makes a
certification described in paragraph (2), the Secretary
may acquire, intercept, retain, use, and disclose
communications and other system traffic that are
transiting to or from or stored on agency information
systems and deploy countermeasures with regard to the
communications and system traffic.
``(B) Exception.--The authorities of the Secretary
under this subsection shall not apply to a
communication or other system traffic that is
transiting to or from or stored on a system described
in paragraph (2) or (3) of subsection (e).
``(C) Disclosure by federal agency heads.--The head
of a Federal agency or department is authorized to
disclose to the Secretary or a private entity providing
assistance to the Secretary under paragraph (A),
information traveling to or from or stored on an agency
information system, notwithstanding any other law that
would otherwise restrict or prevent agency heads from
disclosing such information to the Secretary.
``(2) Certification.--A certification described in this
paragraph is a certification by the Secretary that--
``(A) the acquisitions, interceptions, and other
countermeasures are reasonably necessary for the
purpose of protecting agency information systems from
information security threats;
``(B) the content of communications will be
retained only if the communication is associated with a
known or reasonably suspected information security
threat, and communications and system traffic will not
be subject to the operation of a countermeasure unless
associated with the threats;
``(C) information obtained under activities
authorized under this subsection will only be retained,
used, or disclosed to protect agency information
systems from information security threats, mitigate
against such threats, or, with the approval of the
Attorney General, for law enforcement purposes when the
information is evidence of a crime which has been, is
being, or is about to be committed;
``(D) notice has been provided to users of agency
information systems concerning the potential for
acquisition, interception, retention, use, and
disclosure of communications and other system traffic;
and
``(E) the activities are implemented pursuant to
policies and procedures governing the acquisition,
interception, retention, use, and disclosure of
communications and other system traffic that have been
reviewed and approved by the Attorney General.
``(3) Private entities.--The Secretary may enter into
contracts or other agreements, or otherwise request and obtain
the assistance of, private entities that provide electronic
communication or information security services to acquire,
intercept, retain, use, and disclose communications and other
system traffic in accordance with this subsection.
``(4) No cause of action.--No cause of action shall exist
against a private entity for assistance provided to the
Secretary in accordance with paragraph (3).
``(i) Direction to Agencies.--
``(1) Authority.--
``(A) In general.--Notwithstanding section 3554,
and subject to subparagraph (B), in response to a known
or reasonably suspected information security threat,
vulnerability, or incident that represents a
substantial threat to the information security of an
agency, the Secretary may issue a directive to the head
of an agency to take any lawful action with respect to
the operation of the information system, including such
systems owned or operated by another entity on behalf
of an agency, that collects, processes, stores,
transmits, disseminates, or otherwise maintains agency
information, for the purpose of protecting the
information system from, or mitigating, an information
security threat.
``(B) Exception.--The authorities of the Secretary
under this subsection shall not apply to a system
described in paragraph (2) or (3) of subsection (e).
``(2) Procedures for use of authority.--The Secretary
shall--
``(A) in coordination with the Director and in
consultation with Federal contractors, as appropriate,
establish procedures governing the circumstances under
which a directive may be issued under this subsection,
which shall include--
``(i) thresholds and other criteria;
``(ii) privacy and civil liberties
protections; and
``(iii) providing notice to potentially
affected third parties;
``(B) specify the reasons for the required action
and the duration of the directive;
``(C) minimize the impact of a directive under this
subsection by--
``(i) adopting the least intrusive means
possible under the circumstances to secure the
agency information systems; and
``(ii) limiting directives to the shortest
period practicable; and
``(D) notify the Director and the head of any
affected agency immediately upon the issuance of a
directive under this subsection.
``(3) Imminent threats.--
``(A) In general.--If the Secretary determines that
there is an imminent threat to agency information
systems and a directive under this subsection is not
reasonably likely to result in a timely response to the
threat, the Secretary may authorize the use of
protective capabilities under the control of the
Secretary for communications or other system traffic
transiting to or from or stored on an agency
information system without prior consultation with the
affected agency for the purpose of ensuring the
security of the information or information system or
other agency information systems.
``(B) Limitation on delegation.--The authority
under this paragraph may not be delegated to an
official in a position lower than an Assistant
Secretary of the Department of Homeland Security.
``(C) Notice.--The Secretary shall immediately
notify the Director and the head and chief information
officer (or equivalent official) of each affected
agency of--
``(i) any action taken under this
subsection; and
``(ii) the reasons for and duration and
nature of the action.
``(D) Other law.--Any action of the Secretary under
this paragraph shall be consistent with applicable law.
``(4) Limitation.--The Secretary may direct or authorize
lawful action or protective capability under this subsection
only to--
``(A) protect agency information from unauthorized
access, use, disclosure, disruption, modification, or
destruction; or
``(B) require the remediation of or protect against
identified information security risks with respect to--
``(i) information collected or maintained
by or on behalf of an agency; or
``(ii) that portion of an information
system used or operated by an agency or by a
contractor of an agency or other organization
on behalf of an agency.''.
SEC. 4. REPORT TO CONGRESS REGARDING OFFICE OF MANAGEMENT AND BUDGET
ENFORCEMENT ACTION.
Section 3553 of title 44, United States Code, as amended by section
3, is further amended by inserting at the end the following new
subsection:
``(j) Annual Report to Congress.--
``(1) Requirement.--Not later than February 1 of every
year, the Director shall report to the appropriate
congressional committee regarding the specific actions the
Director has taken pursuant to subsection (a)(5), including any
actions taken pursuant to paragraph (5) of title 40 of section
11303(b).
``(2) Appropriate congressional committee.--In this
subsection, the term `appropriate congressional committee'
means--
``(A) the Committee on Appropriations and the
Committee on Homeland Security and Governmental Affairs
of the Senate; and
``(B) the Committee on Appropriations and the
Committee on Homeland Security of the House of
Representatives.''. | Federal Information Security Management Reform Act of 2015 Requires the Department of Homeland Security (DHS), in administering federal agencies' implementation of information system security policies, to: (1) operate consolidated intrusion detection, prevention, or protective capabilities and use of associated countermeasures to protect agency information and systems from security threats; (2) provide incident detection, analysis, mitigation, and response information and remote or onsite technical assistance; (3) develop and conduct impact assessments in consultation with other agencies and private entities; (4) foster development of technologies for use across multiple agencies in conjunction with other agencies and the private sector; and (5) coordinate such information security policies with standards for national security systems and policies issued by the Department of Defense (DOD) and the Director of National Intelligence. Authorizes the DHS Secretary to acquire, intercept, retain, use, and disclose communications and system traffic transiting to or from or stored on agency information systems and deploy countermeasures if the Secretary certifies that: (1) the measures are reasonably necessary to protect agency information systems from security threats; (2) content of communications will not be retained, and traffic will not be subject to countermeasures, unless associated with a known or reasonably suspected information security threat; (3) the information will be used for law enforcement purposes only with the Attorney General's approval when the information is evidence of a crime; (4) system users have been notified of the potential for such an acquisition or disclosure; and (5) the procedures have been approved by the Attorney General. Allows agency heads to disclose such information to the Secretary notwithstanding any other law that would otherwise restrict or prevent such disclosures. Provides liability protections to private entities authorized to assist the Secretary for such purposes. Authorizes the Secretary to: (1) issue a directive to an agency to take any lawful action with respect to the operation of a system that maintains agency information in response to a known or reasonably suspected information security threat, vulnerability, or incident that represents a substantial threat to an agency's information security; or (2) authorize, without prior consultation with the affected agency, the use of protective capabilities under the Secretary's control if there is an imminent threat and a directive is unlikely to be timely. Exempts DOD and the intelligence community from such procedures. | Federal Information Security Management Reform Act of 2015 |
SECTION 1. NATIONAL ESTUARY POLLUTION PREVENTION.
Section 320 of the Federal Water Pollution Control Act (33 U.S.C.
1330) is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following:
``(k) Pollution Prevention Demonstration Program.--
``(1) Establishment.--The Administrator, in coordination
with the Director of the National Institute of Standards and
Technology and appropriate officials of those States which have
any portion of an estuary for which a conservation and
management plan has been approved under this section located in
their boundaries, shall establish a multimedia national estuary
pollution prevention demonstration program to increase the use
of modernizing industrial source reduction practices (as
defined in section 6603(5) of the Pollution Prevention Act of
1990 (42 U.S.C. 13102(5)) through demonstrations in such
estuaries.
``(2) Registry of technologies.--The Administrator, in
consultation with the appropriate officials of State technical
assistance offices and the Director of the National Institute
of Standards and Technology, shall maintain a registry of
modernizing toxic use and waste reduction technologies
requiring demonstration.
``(3) Participation.--Any person with a permit issued under
section 402 to discharge into an estuary for which a
conservation and management plan has been approved under this
section may participate in the demonstration program through--
``(A) the institution of a source reduction
practice from the registry developed under paragraph
(2) if the conservation and management plan identified
the source to be reduced as a problem; or
``(B) the institution of any other innovative
source reduction practice that the Administrator
determines--
``(i) has the potential to significantly
reduce pollutant discharges to water and other
environmental media without significantly
increasing pollutant discharges to any
environmental medium; and
``(ii) should be demonstrated.
``(4) Requirements.--Any participant in the demonstration
program--
``(A) shall be exempt from the requirement under
section 308 to pay a fee for the development of revised
effluent guidelines; and
``(B) may be granted an additional year to comply
with any new or revised effluent standards issued under
section 301(b) of this Act if, in the judgment of the
Administrator, the extension is necessary and
appropriate.
``(5) Pollution prevention extension service.--The
Administrator, in cooperation with the Director of the National
Institute of Standards and Technology and appropriate officials
of State technical assistance offices, shall establish a
pollution prevention extension service to provide an active
outreach effort to advise, inform, and encourage pollution
prevention by industrial discharges to estuaries for which
conservation and management plans have been approved under this
section.
``(6) Pollution prevention clearinghouse.--
``(A) Establishment.--The Administrator shall
establish a national estuary pollution prevention
clearinghouse.
``(B) Use.--The clearinghouse shall utilize the
results of--
``(i) research from the Environmental
Protection Agency Risk Reduction Engineering
Laboratory; and
``(ii) demonstrations conducted pursuant to
this subsection;
to provide information to municipal and industrial
dischargers and sources of nonpoint pollution within
the estuaries referred to in subsection (a)(2)(B) on
source reduction methods, measures, techniques, and
technologies.
``(7) Pollution prevention for cities program.--
``(A) Application for technical assistance.--A
municipality located within the watershed of an estuary
for which a conservation and management plan has been
approved under this section may apply for technical and
financial assistance from the Administrator for the
purposes of--
``(i) implementing source reduction of
toxic pollutants in urban runoff, wastewater,
and stormwater and to address any problem
resulting from failure of an underground septic
system; or
``(ii) studying the impacts of separating
combined sanitary/stormwater systems in
municipalities which have combined systems.
``(B) Eligibility.--To be eligible for assistance
under this paragraph, a municipality shall apply to the
Administrator with a statement--
``(i) stating pollutant reduction goals;
and
``(ii) documenting stakeholder interest in
implementing voluntary pollutant reduction
measures.
``(C) Assistance.--The Administrator shall, for
each municipality with an approved application
statement--
``(i) provide technical assistance in the
development of a municipal source reduction
action plan; and
``(ii) authorize the expenditure of State
revolving fund moneys pursuant to title VI for
the implementation of an approved source
reduction plan.''.
SEC. 2. FUNDING FROM STATE REVOLVING LOAN FUND PROGRAM.
Sections 601(a) and 603(c) of the Federal Water Pollution Control
Act (33 U.S.C. 1381(a) and 1383(c)) are each amended--
(1) by striking ``and'' at the end of clause (2); and
(2) by inserting before the period at the end of the first
sentence the following: ``, and (4) notwithstanding section
602(b)(5) of this Act, for carrying out activities relating to
estuaries under section 320(k), including implementing a source
reduction action plan that has been approved by the
Administrator pursuant to section 320(k)(7)''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 607 of the Federal Water Pollution Control Act (33 U.S.C.
1387) is amended--
(1) by striking ``sums'';
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(4) by adding at the end the following:
``(6) such sums as may be necessary for each fiscal year
beginning after September 30, 1994.''. | Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to establish a multimedia national estuary pollution prevention demonstration program to increase the use of modernizing industrial source reduction practices through demonstrations in estuaries. Requires the Administrator to maintain a registry of modernizing toxic use and waste reduction technologies requiring demonstration.
Authorizes persons with permits to discharge into estuaries with approved conservation and management plans to participate in the demonstration program through the institution of: (1) a source reduction practice from the registry if the plan identified the source to be reduced as a problem; or (2) any other innovative source reduction practice subject to a specified determination by the Administrator.
Exempts demonstration program participants from fees for the development of revised effluent guidelines. Grants participants an additional year to comply with new or revised effluent standards as necessary and appropriate.
Directs the Administrator to establish: (1) a pollution prevention extension service to provide an outreach effort to encourage pollution prevention by industrial discharges to estuaries with approved conservation and management plans; and (2) a national estuary pollution prevention clearinghouse.
Permits municipalities located within the watershed of an estuary with an approved plan to apply for technical and financial assistance for: (1) implementing source reduction of toxic pollutants in urban runoff, wastewater, and stormwater and to address problems resulting from failures of underground septic systems; or (2) studying the impacts of separating combined sanitary/stormwater systems in municipalities which have combined systems. Sets forth assistance eligibility requirements.
Authorizes the use of State revolving loan funds for such assistance. Authorizes appropriations. | To amend the Federal Water Pollution Control Act to provide for a national estuary pollution prevention demonstration program. |
MECHANISMS.
(a) Establishment by States.--Each State is encouraged to establish
or maintain alternative dispute resolution mechanisms that promote the
resolution of health care liability claims in a manner that--
(1) is affordable for the parties involved in the claims;
(2) provides for the timely resolution of claims; and
(3) provides the parties with convenient access to the
dispute resolution process.
(b) Guidelines.--The Attorney General, in consultation with the
Secretary and the Administrative Conference of the United States, shall
develop guidelines with respect to alternative dispute resolution
mechanisms that may be established by States for the resolution of
health care liability claims. Such guidelines shall include procedures
with respect to the following methods of alternative dispute
resolution:
(1) Arbitration.--The use of arbitration, a nonjury
adversarial dispute resolution process which may, subject to
subsection (d), result in a final decision as to facts, law,
liability or damages. The parties may elect binding
arbitration.
(2) Mediation.--The use of mediation, a settlement process
coordinated by a neutral third party without the ultimate
rendering of a formal opinion as to factual or legal findings.
(3) Early neutral evaluation.--The use of early neutral
evaluation, in which the parties make a presentation to a
neutral attorney or other neutral evaluator for an assessment
of the merits, to encourage settlement. If the parties do not
settle as a result of assessment and proceed to trial, the
neutral evaluator's opinion shall be kept confidential.
(4) Early offer and recovery mechanism.--The use of early
offer and recovery mechanisms under which a health care
provider, health care organization, or any other alleged
responsible defendant may offer to compensate a claimant for
his or her reasonable economic damages, including future
economic damages, less amounts available from collateral
sources.
(5) Certificate of merit.--The requirement that a claimant
in a health care liability action submit to the court before
trial a written report by a qualified specialist that includes
the specialist's determination that, after a review of the
available medical record and other relevant material, there is
a reasonable and meritorious cause for the filing of the action
against the defendant.
(6) No-fault.--The use of a no-fault statute under which
certain health care liability actions are barred and claimants
are compensated for injuries through their health plans or
through other appropriate mechanisms.
(c) Further Redress.--
(1) In general.--The extent to which any party may seek
further redress (subsequent to a decision of an alternative
dispute resolution method established by a State under this
section) concerning a health care liability claim in a Federal
or State court shall be dependent upon the methods of
alternative dispute resolution adopted by the State involved.
(2) Claimant.--With respect to further redress described in
paragraph (1), if the party initiating such court action is the
claimant and the claimant receives a level of damages that is
at least 25 percent less under the decision of the court than
under the State alternative dispute resolution method, such
party shall bear the reasonable costs, including legal fees,
incurred in the court action by the other party or parties to
such action.
(3) Provider or other defendant.--With respect to further
redress described in paragraph (1), if the party initiating a
court action is the health care professional or health care
provider, or other defendant in a health care liability action
and the health care professional, health care provider, or
other defendant is found liable for a level of damages that is
at least 25 percent more under the decision of the court than
under the State alternative dispute resolution method, such
party shall bear the reasonable costs, including legal fees,
incurred in the court action by the other party or parties to
such action.
(d) Technical Assistance and Evaluations.--
(1) Technical assistance.--The Attorney General may provide
States with technical assistance in establishing or maintaining
alternative dispute resolution mechanisms under this section.
(2) Evaluations.--The Attorney General, in consultation
with the Secretary and the Administrative Conference of the
United States, shall monitor and evaluate the effectiveness of
State alternative dispute resolution mechanisms established or
maintained under this section.
SEC. 13. APPLICABILITY.
This Act shall apply to all civil actions covered under this Act
that are commenced on or after the date of enactment of this Act,
including any such action with respect to which the harm asserted in
the action or the conduct that caused the harm occurred before the date
of enactment of this Act.
SEC. 14. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby. | Common Sense Medical Malpractice Reform Act of 2001 - Declares that, in a health care liability action that is subject to this Act: (1) the action may not be initiated unless a complaint is filed within two years, with exceptions; (2) the amount of non-economic damages shall not exceed $250,000; and (3) an award for punitive damages may only be made if proven by clear and convincing evidence that the defendant intended to injure the claimant for a reason unrelated to the provision of health care services; understood the claimant was substantially certain to suffer unnecessary injury and deliberately failed to avoid such injury; or acted with a conscious disregard of a substantial and unjustifiable risk of unnecessary injury which the defendant failed to avoid in a manner which constitutes a gross deviation from the normal standard of conduct.Establishes additional limitations on punitive damages, including specified requirements for the pleading of punitive damages, and a requirement (at the request of any defendant in a health care liability action) that the trier of fact consider the issue of punitive damages in a separate proceeding.Sets forth provisions regarding periodic payments, the scope of liability (the liability of each defendant shall be several only and not joint), mandatory offsets for damages paid by a collateral source, and a cap on attorney's fees (limited to 25 percent of any judgement or settlement recovered).Encourages each State to establish or maintain ADR mechanisms. Directs the Attorney General to develop guidelines regarding such mechanisms. | A bill to reform the health care liability system. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Collegiate and Amateur
Athletic Protection Act of 2001''.
SEC. 2. TASK FORCE ON ILLEGAL WAGERING ON AMATEUR AND COLLEGIATE
SPORTING EVENTS.
(a) Establishment.--The Attorney General shall establish a
prosecutorial task force on illegal wagering on amateur and collegiate
sporting events (referred to in this section as the ``task force'').
(b) Duties.--The task force shall--
(1) coordinate enforcement of Federal laws that prohibit
gambling relating to amateur and collegiate athletic events;
and
(2) submit annually, to the House of Representatives and
the Senate a report describing specific violations of such
laws, prosecutions commenced, and convictions obtained.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $4,000,000 in fiscal year 2002
and $6,000,000 in each of the fiscal years 2003 through 2006.
SEC. 3. INCREASED PENALTIES FOR ILLEGAL SPORTS GAMBLING.
(a) Interstate Transmission of Bets or Information Assisting in
Placing Bets on Sporting Events.--Section 1084(a) of title 18, United
States Code, is amended by striking ``two'' and inserting ``5''.
(b) Interstate Transportation of Wagering Paraphernalia.--Section
1953(a) of title 18, United States Code, is amended by adding at the
end the following: ``If the matter carried or sent in interstate or
foreign commerce was intended by the defendant to be used to assist in
the placing of bets or wagers on any sporting event or contest, the
maximum term of imprisonment for the offense shall be 10 years.''.
(c) Illegal Gambling Business.--Section 1955(a) of title 18, United
States Code, is amended by adding at the end the following: ``If the
gambling business included the placing of bets or wagers on any
sporting event or contest, the maximum term of imprisonment for the
offense shall be 10 years.''.
(d) Interstate Travel To Promote and Conduct an Illegal Gambling
Business.--Section 1952 of title 18, United States Code, is amended by
adding at the end the following:
``(d) If the offense violated paragraph (1) or (3) of subsection
(a) and the illegal activity included the placing of bets or wagers on
any sporting event or contest, the maximum term of imprisonment for the
offense shall be 10 years.''.
(e) Sports Bribery.--Section 224(a) of title 18, United States
Code, is amended by adding at the end the following: ``If the purpose
of the bribery is to affect the outcome of a bet or wager placed on any
sporting event or contest, the maximum term of imprisonment for the
offense shall be 10 years.''.
SEC. 4. STUDY ON ILLEGAL SPORTS GAMBLING BEHAVIOR AMONG MINORS.
(a) In General.--The Director of the National Institute of Justice
shall conduct a study to determine the extent to which minor persons
participate in illegal sports gambling activities.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Director of the National Institute of Justice shall
submit to the Speaker of the House of Representatives and the President
pro tempore of the Senate, a report--
(1) describing the extent to which minor persons
participate in illegal sports gambling activities; and
(2) making recommendations on actions that should be taken
to curtail participation by minor persons in sports gambling
activities.
SEC. 5. STUDY OF GAMBLING ON COLLEGE AND UNIVERSITY CAMPUSES.
(a) Establishment of Panel.--Not later than 90 days after the date
of enactment of this Act, the Attorney General shall establish a panel,
which shall be composed of Federal, State, and local government law
enforcement officials, to conduct a study of illegal college sports
gambling.
(b) Contents of Study.--The study conducted by the panel
established under subsection (a) shall include an analysis of--
(1) the scope and prevalence of illegal college sports
gambling, including unlawful sports gambling (as defined in
section 3702 of title 28, United States Code);
(2) the role of organized crime in illegal gambling on
college sports;
(3) the role of State regulators and the legal sports books
in Nevada in assisting law enforcement to uncover illegal
sports gambling and related illegal activities;
(4) the enforcement and implementation of the Professional
and Amateur Sports Protection Act of 1992, including whether it
has been adequately enforced;
(5) the effectiveness of steps taken by institutions of
higher education to date, whether individually or through
national organizations, to reduce the problem of illegal
gambling on college sports;
(6) the factors that influence the attitudes or levels of
awareness of administrators, professors, and students,
including student athletes, about illegal gambling on college
sports;
(7) the effectiveness of new countermeasures to reduce
illegal gambling on college sports, including related
requirements for institutions of higher education and persons
receiving Federal education funds;
(8) potential actions that could be taken by the National
Collegiate Athletic Association to address illegal gambling on
college and university campuses; and
(9) other matters relevant to the issue of illegal gambling
on college sports as determined by the Attorney General.
(c) Report to Congress.--Not later than 12 months after the
establishment of the panel under this section, the Attorney General
shall submit to Congress a report on the study conducted under this
section, which shall include--
(1) recommendations for actions colleges, universities, and
the National Collegiate Athletic Association should implement
to address the issue of illegal gambling on college sports;
(2) recommendations for intensive educational campaigns
which the National Collegiate Athletic Association could
implement to assist in the effort to prevent illegal gambling
on college sports;
(3) recommendations for any Federal and State legislative
actions to address the issue of illegal gambling on college
sports; and
(4) recommendations for any administrative or private
sector actions to address the issue of illegal gambling on
college sports.
SEC. 6. REDUCTION OF GAMBLING ON COLLEGE CAMPUSES.
(a) College Programs to Reduce Illegal Gambling.--
(1) Comprehensive program.--Each institution of higher
education (as defined in section 101 of the Higher Education
Act (20 U.S.C. 1001)) shall designate 1 or more full-time
senior officers of the institution to coordinate the
implementation of a comprehensive program, as determined by the
Secretary of Education, to reduce illegal gambling and gambling
control disorders by students and employees of the institution.
(2) Annual reporting.--An institution described in
paragraph (1) shall annually prepare and submit to the
Secretary of Education a report, in a form and manner
prescribed by the Secretary, concerning the progress made by
the institution to reduce illegal gambling by students and
employees of the institution.
(3) Continued eligibility.--An institution described in
paragraph (1) shall make reasonable further progress (as
defined by the Secretary of Education) toward the elimination
of illegal gambling at the institution as a condition of the
institution remaining eligible for assistance and participation
in other programs authorized under the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).
(b) Gambling Enforcement Information and Policies.--
(1) In general.--Each institution described in subsection
(a)(1) shall include--
(A) statistics and other information on illegal
gambling, including gambling over the Internet, in
addition to the other criminal offense on which such
institution must report pursuant to section 485(f) of
the Higher Education Act of 1965 (20 U.S.C. 1092(f)) in
the form and manner so prescribed; and
(B) a statement of policy regarding underage and
other illegal gambling activity at the institution, in
the form and manner prescribed for statements of policy
on alcoholic beverages and illegal drugs pursuant to
such section 485(f), including a description of any
gambling abuse education programs available to students
and employees of the institution.
(2) Review of procedures.--Notwithstanding paragraph (2) of
section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)), the Attorney General, in consultation with the
Secretary of Education, shall periodically review the policies,
procedures, and practices of institutions described in
subsection (a)(1) with respect to campus crimes and security
related directly or indirectly to illegal gambling, including
the integrity of the athletic contests in which students of the
institution participate.
(c) Zero Tolerance of Illegal Gambling.--
(1) Revocation of aid.--A recipient of athletically related
student aid (as defined in section 485(e)(8) of the Higher
Education Act of 1965 (20 U.S.C. 1092(e)(8)) shall cease to be
eligible for such aid upon a determination by either the
institution of higher education providing such aid, or the
applicable amateur sports organization, that the recipient has
engaged in illegal gambling activity, including sports bribery,
in violation of the policies or by-laws of the institution or
organization.
(2) Report.--An institution of higher education that
provides athletically related student aid, and an amateur
sports organization that sanctions a competitive game or
performance in which 1 or more competitors receives such aid,
shall annually report to the Attorney General and the Secretary
of Education on actions taken to implement this subsection.
SEC. 7. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) illegal sports gambling poses a significant threat to
youth on college campuses and in society in general;
(2) State and local governments, the National Collegiate
Athletic Association, and other youth, school, and collegiate
organizations should provide educational and prevention
programs to help youth recognize the dangers of illegal sports
gambling and the serious consequences it can have;
(3) such programs should include public service
announcements, especially during tournament and bowl game
coverage;
(4) the National Collegiate Athletic Association and other
amateur sports governing bodies should adopt mandatory codes of
conduct regarding the avoidance and prevention of illegal
sports gambling among our youth; and
(5) the National Collegiate Athletic Association should
enlist universities in the United States to develop scientific
research on youth sports gambling, and related matters. | National Collegiate and Amateur Athletic Protection Act of 2001 - Directs the Attorney General to establish a prosecutorial task force on illegal wagering on amateur and collegiate sporting events. Increases penalties for illegal sports gambling.Requires: (1) the Director of the National Institute of Justice to study the extent to which minors participate in illegal sports gambling activities; and (2) the Attorney General to establish a panel to study illegal college sports gambling.Requires each institution of higher education to: (1) designate one or more full-time senior officers of the institution to coordinate the implementation of a comprehensive program to reduce illegal gambling and gambling control disorders by students and employees; (2) annually prepare and submit to the Secretary of Education a report concerning progress made; (3) make reasonable further progress as a condition of remaining eligible for assistance under the Higher Education Act of 1965; and (4) submit statistics and other information on illegal gambling and a policy statement regarding underage and other illegal gambling activity at the institution.Makes a recipient of athletically related student aid ineligible for such aid upon a determination by either the institution of higher education or the applicable amateur sports organization that the recipient has engaged in illegal gambling activity. Requires such an institution, and such an organization that sanctions a competitive game or performance in which one or more competitors receive such aid, to report annually to the Attorney General and the Secretary.Expresses the sense of Congress that illegal sports gambling poses a significant threat to youth. | A bill to protect amateur athletics and combat illegal sports gambling. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Environmental Protection
Act''.
SEC. 2. ENVIRONMENTAL PROTECTION FOR CHILDREN.
(a) In General.--The Toxic Substances Control Act (15 U.S.C. 2601
et seq.) is amended by adding at the end the following:
``TITLE V--ENVIRONMENTAL PROTECTION FOR CHILDREN
``SEC. 501. FINDINGS AND POLICY.
``(a) Findings.--Congress finds that--
``(1) public health and safety depends on citizens and
local officials knowing the toxic dangers that exist in their
homes, communities, and neighborhoods;
``(2) children eat more food, drink more fluids, and
breathe more air in proportion to their body weight than
adults;
``(3) these factors put children at greater risk from
environmental pollutants than adults, and as a result children
face unique health threats that need special attention;
``(4) risk assessments of pesticides and other
environmental pollutants conducted by the Environmental
Protection Agency do not clearly differentiate between the
risks to children and the risks to adults;
``(5) a study conducted by the National Academy of Sciences
on the effects of pesticides in the diets of infants and
children concluded that approaches to risk assessment typically
do not consider risks to children and, as a result, current
standards and tolerances often fail to adequately protect
infants and children;
``(6) data are lacking that would allow adequate
quantification and evaluation of child-specific and other
vulnerable subpopulation-specific susceptibility and exposure
to environmental pollutants;
``(7) data are lacking that would allow adequate
quantification and evaluation of child-specific and other
vulnerable subpopulation-specific bioaccumulation of
environmental pollutants;
``(8) the absence of data precludes effective government
regulation of environmental pollutants, and denies individuals
the ability to exercise a right to know and make informed
decisions to protect their families; and
``(9) research must be coordinated within the Environmental
Protection Agency and other Federal agencies to identify key
data needs to ensure the best science and to enhance the
Nation's understanding of environmental health and safety
threats to children.
``(b) Policy.--It is the policy of the United States that--
``(1) policies, programs, activities, and standards of the
Environmental Protection Agency must address disproportionate
risks to children that result from environmental health risks;
``(2) information, including a safer-for-children product
list, should be made readily available by the Environmental
Protection Agency to the general public and relevant Federal
and State agencies to advance the public's right-to-know, and
allow the public to avoid unnecessary and involuntary exposure;
and
``(3) scientific research opportunities should be
identified by the Environmental Protection Agency, the
Department of Health and Human Services (including the National
Institute of Environmental Health Sciences and the Agency for
Toxic Substances and Disease Registry), the National Institutes
of Health, and other Federal agencies, to study the short-term
and long-term health effects of cumulative, simultaneous, and
synergistic exposures of children and other vulnerable
subpopulations to environmental pollutants.
``SEC. 502. DEFINITIONS.
``In this title:
``(1) Areas that are reasonably accessible to children.--
The term `areas that are reasonably accessible to children'
means homes, schools, day care centers, shopping malls, movie
theaters, and parks.
``(2) Children.--The term `children' means individuals who
are 18 years of age or younger.
``(3) Environmental pollutant.--The term `environmental
pollutant' means a hazardous substance, as defined in section
101 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601), or a pesticide, as
defined in section 2 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).
``(4) Federal properties and areas.--The term `Federal
properties and areas' means areas owned or controlled by the
United States.
``(5) Vulnerable subpopulations.--The term `vulnerable
subpopulations' means children, pregnant women, the elderly,
individuals with a history of serious illness, and other
subpopulations identified by the Administrator as likely to
experience elevated health risks from environmental pollutants.
``SEC. 503. SAFEGUARDING CHILDREN AND OTHER VULNERABLE SUBPOPULATIONS.
``(a) In General.--The Administrator shall--
``(1) consistently and explicitly evaluate and consider
environmental health risks to vulnerable subpopulations in all
of the risk assessments, risk characterizations, environmental
and public health standards, and regulatory decisions carried
out by the Administrator;
``(2) ensure that all Environmental Protection Agency
standards protect children and other vulnerable subpopulations
with an adequate margin of safety; and
``(3) develop and use a separate assessment or finding of
risks to vulnerable subpopulations or publish in the Federal
Register an explanation of why the separate assessment or
finding is not used.
``(b) Reevaluation of Current Public Health and Environmental
Standards.--
``(1) In general.--As part of any risk assessment, risk
characterization, environmental or public health standard or
regulation, or general regulatory decision carried out by the
Administrator, the Administrator shall evaluate and consider
the environmental health risks to children and other vulnerable
subpopulations.
``(2) Implementation.--In carrying out paragraph (1), not
later than 1 year after the date of enactment of this title,
the Administrator shall--
``(A) develop an administrative strategy and an
administrative process for reviewing standards;
``(B) publish in the Federal Register a list of
standards that may need revision to ensure the
protection of children and vulnerable subpopulations;
``(C) prioritize the list according to the
standards that are most important for expedited review
to protect children and vulnerable subpopulations;
``(D) identify which standards on the list will
require additional research in order to be reevaluated
and outline the time and resources required to carry
out the research; and
``(E) identify, through public input and peer
review, not fewer than 20 public health and
environmental standards of the Environmental Protection
Agency to be repromulgated on an expedited basis to
meet the criteria of this subsection.
``(3) Revised standards.--Not later than 6 years after the
date of enactment of this title, the Administrator shall
propose not fewer than 20 revised standards that meet the
criteria of this subsection.
``(4) Completed revision of standards.--Not later than 15
years after the date of enactment of this title, the
Administrator shall complete the revision of all standards in
accordance with this subsection.
``(5) Report.--The Administrator shall report to Congress
on an annual basis on progress made by the Administrator in
carrying out the objectives and policy of this subsection.
``SEC. 504. SAFER ENVIRONMENT FOR CHILDREN.
``Not later than 1 year after the date of enactment of this title,
the Administrator shall--
``(1) identify environmental pollutants commonly used or
found in areas that are reasonably accessible to children;
``(2) create a scientifically peer reviewed list of
substances identified under paragraph (1) with known, likely,
or suspected health risks to children;
``(3) create a scientifically peer reviewed list of safer-
for-children substances and products recommended by the
Administrator for use in areas that are reasonably accessible
to children that, when applied as recommended by the
manufacturer, will minimize potential risks to children from
exposure to environmental pollutants;
``(4) establish guidelines to help reduce and eliminate
exposure of children to environmental pollutants in areas
reasonably accessible to children, including advice on how to
establish an integrated pest management program;
``(5) create a family right-to-know information kit that
includes a summary of helpful information and guidance to
families, such as the information created under paragraph (3),
the guidelines established under paragraph (4), information on
the potential health effects of environmental pollutants,
practical suggestions on how parents may reduce their
children's exposure to environmental pollutants, and other
relevant information, as determined by the Administrator in
cooperation with the Centers for Disease Control;
``(6) make all information created pursuant to this
subsection available to Federal and State agencies, the public,
and on the Internet; and
``(7) review and update the lists created under paragraphs
(2) and (3) at least once each year.
``SEC. 505. RESEARCH TO IMPROVE INFORMATION ON EFFECTS ON CHILDREN.
``(a) Toxicity Data.--The Administrator, the Secretary of
Agriculture, and the Secretary of Health and Human Services shall
coordinate and support the development and implementation of basic and
applied research initiatives to examine the health effects and toxicity
of pesticides (including active and inert ingredients) and other
environmental pollutants on children and other vulnerable
subpopulations.
``(b) Biennial Reports.--The Administrator, the Secretary of
Agriculture, and the Secretary of Health and Human Services shall
submit biennial reports to Congress on actions taken to carry out this
section.
``SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this title.''.
(b) Technical Amendment.--The table of contents of the Toxic
Substances Control Act (contained in section 1 of such Act) is amended
by adding at the end the following:
``TITLE V--ENVIRONMENTAL PROTECTION FOR CHILDREN
``Sec. 501. Findings and policy.
``Sec. 502. Definitions.
``Sec. 503. Safeguarding children and other vulnerable subpopulations.
``Sec. 504. Safer environment for children.
``Sec. 505. Research to improve information on effects on children.
``Sec. 506. Authorization of appropriations.''. | Children's Environmental Protection Act - Amends the Toxic Substances Control Act to state U.S. policy regarding protection of vulnerable subpopulations from exposure to environmental pollutants. Defines "vulnerable subpopulations" as children, pregnant women, the elderly, individuals with a history of serious illness, and other subpopulations identified by the Administrator of the Environmental Protection Agency (EPA) as likely to experience elevated health risks from environmental pollutants.
Directs the Administrator to: (1) consistently and explicitly evaluate environmental health risks to vulnerable subpopulations in all risk assessments and characterizations, environmental and public health standards, and general regulatory decisions; (2) ensure that all EPA standards protect such subpopulations with an adequate margin of safety; (3) develop and use a separate assessment with respect to such subpopulations; and (4) issue revised standards, after reevaluation, that meet the criteria of this Act.
Requires the Administrator to: (1) identify pollutants commonly used or found in areas reasonably accessible to children; (2) create and review at least annually a list of substances with known, likely, or suspected health risks to children and a list of safer-for-children substances and products for use in such areas; (3) establish guidelines to reduce and eliminate exposure to pollutants in such areas, including advice on integrated pest management; (4) create a family right-to-know information kit; and (5) make all information described above publicly available.
Directs the Administrator and the Secretaries of Agriculture and of Health and Human Services to: (1) coordinate and support the development and implementation of research initiatives to examine the health effects and toxicity of pesticides and other pollutants on vulnerable subpopulations; and (2) report to the Congress.
Authorizes appropriations. | Children's Environmental Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pitkin County Land Exchange Act of
2004''.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize, direct, expedite and
facilitate the exchange and consolidation of lands between Pitkin
County, Colorado, the Aspen Valley Land Trust and the United States in
accordance with the terms and conditions set forth herein.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ``Federal land'' means the land to be
transferred to Pitkin County, Colorado, by the United States
pursuant to this Act.
(2) The term ``non-Federal land'' means the land to be
transferred to the United States by Pitkin County, Colorado,
pursuant to this Act.
(3) The term ``Pitkin County'' means the county of Pitkin,
Colorado.
(4) The term ``Secretary'' means the Secretary of
Agriculture, unless otherwise specified.
(5) The term ``Aspen Valley Land Trust'' means the non-
profit Aspen Valley Land Trust, a charitable organization as
described in section 501(c)(3) of the Internal Revenue Code of
1986 (26 U.S.C. 501), or its successors, heirs, or assigns.
SEC. 4. LAND EXCHANGE.
(a) In General.--Upon receipt of title to the non-Federal lands
described in subsection (b), the Secretary and the Secretary of the
Interior shall simultaneously convey to Pitkin County, or to the Aspen
Valley Land Trust, if Pitkin County so requests, all right, title, and
interest of the United States in and to the Federal lands described in
subsection (b), subject to valid existing rights or encumbrances and
the requirements of subsections 5(a) and (b).
(b) Conveyance of Non-Federal Lands to the United States.--The non-
Federal lands to be conveyed to the United States pursuant to this Act
are the following:
(1) Certain lands located in Pitkin County, Colorado,
comprising approximately 35 acres, as generally depicted on a
map entitled ``Ryan Land Exchange--Ryan Property Conveyance to
Forest Service'', dated August 2004.
(2) Certain lands located on Smuggler Mountain in Pitkin
County, Colorado, comprising approximately 18.2 acres, as
generally depicted on a map entitled ``Ryan Land Exchange--
Smuggler Mountain--Grand Turk and Pontiac Claims Conveyance to
Forest Service'', dated ________.
(c) Federal Land Conveyance to Pitkin County.--The Federal lands to
be conveyed to Pitkin County, or to the Aspen Valley Land Trust, if
Pitkin County so requests, pursuant to this Act are the following:
(1) Certain National Forest lands located in Pitkin County,
Colorado, comprising approximately 5.5 acres, as generally
depicted on a map entitled ``Ryan Land Exchange--Wildwood
Parcel Conveyance to Pitkin County'', dated August 2004.
(2) Certain National Forest lands located in Pitkin County,
comprising 12 separate parcels totaling approximately 5.92
acres, as generally depicted on a map entitled ``Ryan Land
Exchange--Smuggler Mountain Patent Remnants--Conveyance to
Pitkin County'', dated August 2004.
(3) Certain lands under the jurisdiction of the Bureau of
Land Management located in Pitkin County, Colorado, and
comprising approximately 40 acres, as generally depicted on a
map entitled ``Ryan Land Exchange--Crystal River Parcel
Conveyance to Pitkin County''.
SEC. 5. EXCHANGE TERMS AND CONDITIONS.
(a) Crystal River Parcel Conveyance.--The parcel identified in
subsection 4(c)(3) shall not be conveyed to Pitkin County unless and
until the County grants to the Aspen Valley Land Trust, the Roaring
Fork Conservancy, or both, or to another entity mutually agreeable to
the County and the Secretary of the Interior, a permanent conservation
easement, the terms of which are acceptable to the Secretary of the
Interior and which provides public access to the parcel and limits
future use of the parcel to recreational, fish, and wildlife
conservation, and open space purposes. The requirement for such
easement shall not affect the value of the parcel for purposes the
appraisals to be prepared pursuant to subsection (c). In the deed of
conveyance to the County, the Secretary of the Interior shall provide
that in the event the parcel is ever used for other than such purposes,
or Pitkin County or the entity or entities holding the conservation
easement no longer wish to administer the parcel, title to the parcel
shall back revert to the United States at no cost to the United States
if the Secretary of the Interior determines that such a reversion is in
the best interests of the United States.
(b) Wildwood Parcel Conveyance and Reservation.--Prior to the
conveyance to Pitkin County of the parcel identified in subsection
4(c)(1), Pitkin County, at its expense, shall deliver to the Secretary
a quitclaim deed to the parcel from any party who, prior to
introduction of this Act, had asserted a claim of any right, title, or
interest in such parcel, and shall permanently relinquish any such
claim against the United States in or to the parcel. In the deed of
conveyance of such parcel to Pitkin County (or to the Aspen Valley Land
Trust if Pitkin County so requests) the Secretary shall reserve to the
United States a permanent easement, as determined appropriate by the
Secretary in consultation with Pitkin County, for location,
construction, and public use of the East of Aspen Trail.
(c) Exchange Valuation.--The values of the Federal and non-Federal
lands directed for exchange by this Act shall be equal as determined by
the Secretary through appraisals performed in accordance with the
Uniform Appraisal Standards for Federal Land Acquisitions, the Uniform
Standards of Professional Appraisal Practice, and Forest Service
appraisal instructions. If the values as determined by the appraisals
are not equal, equalization shall be achieved as follows:
(1) If value is owed by the United States, the County shall
donate the excess value to the United States, and such donation
will be considered as a donation for all purposes of law.
(2) If value is owed by Pitkin County, the County shall
equalize value by either--
(A) making a cash equalization payment to the
Secretary, the proceeds of which shall be deposited in
the fund established by Public Law 90-171 (commonly
known as the ``Sisk Act'') and be available to the
Secretary, without further appropriation, for the
acquisition of land or interests in land for addition
to the National Forest System in the State of Colorado;
(B) conveying to the Secretary certain lands
located in Pitkin County, Colorado, and comprising
approximately 160 acres, as generally depicted on a map
entitled ``Sellar Park Parcel'', dated August 2004; or
(C) any combination of (A) and (B) above to which
the County and the Secretary mutually agree.
(d) Exchange Timing.--It is the intention of Congress that the land
exchange directed by this Act be consummated no later than 1 year after
the date of enactment of this Act, unless the Secretary and the
Secretary of the Interior and Pitkin County mutually agree otherwise.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Management of Acquired Lands.--Lands acquired by the Secretary
of Agriculture pursuant to this Act shall become part of the White
River National Forest and be administered in accordance with the laws,
rules, and regulations generally applicable to the National Forest
System. For purposes of section 7 of the Land and Water Conservation
Fund Act of 1965, (16 U.S.C. 460l-9), the boundaries of the White River
National Forest shall be deemed to be the boundaries of such forest as
of January 1, 1965.
(b) Withdrawal and Revocation of Orders.--Immediately upon
enactment of this Act, if the Federal land parcels are not already
withdrawn or segregated from entry or appropriation under the public
land laws, including the mining and mineral leasing laws and Geothermal
Steam Act of l970 (30 U.S.C. 1001 et seq.) they are hereby so
withdrawn, subject to any valid existing rights, until the date of
their conveyance to Pitkin County. In addition, any previously existing
public land orders withdrawing the Federal land from appropriation or
disposal under the public land laws are hereby revoked to the extent
necessary to permit disposal of the Federal land as directed by this
Act.
(c) Withdrawal of Acquired Land.--Upon their acquisition by the
United States, the non-Federal lands acquired by the Secretary pursuant
to this Act are hereby, and without further action required by the
Secretary or the Secretary of the Interior, permanently withdrawn from
all forms of appropriation and disposition under the public land laws,
including the mining and mineral leasing laws, and the Geothermal Steam
Act of 1970.
(d) Boundary Adjustments, Maps and Legal Descriptions.--The
Secretary concerned and Pitkin County may mutually agree to make minor
adjustments in the boundaries of the Federal and non-Federal lands to
be conveyed pursuant to this Act, and may also, at their sole
discretion, mutually agree to modifications or deletions of the Federal
or non-Federal land parcels and mining claim remnants to be exchanged
on Smuggler Mountain. In the event of any discrepancy between a map,
acreage estimate and legal or other description of the lands involved
in the exchange, the map shall prevail unless the Secretary concerned
and Pitkin County mutually agree otherwise. | Pitkin County Land Exchange Act of 2004 - Directs the Secretary of Agriculture (the Secretary) and the Secretary of the Interior, upon receipt of title to certain lands located in Pitkin County, Colorado, and certain lands located on Smuggler Mountain in the County, to convey to the County or to the Aspen Valley Land Trust, if the County so requests, all right, title, and interest of the United States in and to certain National Forest and Bureau of Land Management lands located in the County.
Prohibits the conveyance of a specified parcel to the County unless and until the County grants to the Aspen Valley Land Trust, the Roaring Fork Conservancy, or both, or to another entity mutually agreeable to the County and the Secretary of the Interior, a permanent conservation easement which provides public access to the parcel and limits future use of the parcel to recreational, fish, and wildlife conservation, and open space purposes.
States that, prior to the conveyance to the County of a specified parcel, the County shall deliver to the Secretary a quitclaim deed to the parcel from any party who, prior to the introduction of this Act, had asserted a claim of any right, title, or interest in such parcel, and shall permanently relinquish any such claim against the United States in or to the parcel.
States that lands acquired by the Secretary pursuant to this Act shall become part of White River National Forest. | To authorize and direct the exchange of certain lands in the State of Colorado, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Regulated Investment
Company Act of 2017''.
SEC. 2. INTERNATIONAL REGULATED INVESTMENT COMPANIES.
(a) In General.--Subchapter N of chapter 1 of the Internal Revenue
Code of 1986 is amended by redesignating part V as part VI and
inserting after part IV the following new part:
``PART V--INTERNATIONAL REGULATED INVESTMENT COMPANIES
``Sec. 998. Definition of international regulated investment company.
``Sec. 998A. Taxation of IRICs.
``Sec. 998B. Other rules.
``SEC. 998. DEFINITION OF INTERNATIONAL REGULATED INVESTMENT COMPANY.
``(a) General Rule.--For purposes of this title, the terms
`international regulated investment company' and `IRIC' mean, with
respect to any taxable year, a domestic corporation which, at all times
during the taxable year, meets the following requirements:
``(1) The corporation is registered under the Investment
Company Act of 1940.
``(2) Except as provided in subsection (c), the corporation
holds no assets other than the stock of a single regulated
investment company--
``(A) to which part I of subchapter M applies, and
``(B) which is not a qualified investment entity
(as defined in section 897(h)(4)(A)(ii)).
``(3) All outstanding stock of the corporation is held by
nonresident alien individuals (and their foreign estates) and
qualified foreign pension funds (within the meaning of section
897(l)(2)).
``(4) The corporation has in effect an election to be
treated as an IRIC.
``(b) Election.--An election to be treated as an IRIC shall apply
to the taxable year for which made and all subsequent taxable years
until terminated. Such election shall be made for any taxable year not
later than the due date (with extensions) for the return of tax imposed
by this subtitle for the taxable year.
``(c) Permitted Assets.--For purposes of subsection (a)(2), an IRIC
may hold--
``(1) an amount of cash and cash equivalents reasonably
necessary or appropriate for the corporation to conduct its
normal affairs, and
``(2) such other assets as are incidental to the
corporation's conduct of its normal affairs or otherwise
allowed by the Secretary.
``(d) Termination.--
``(1) In general.--Except as provided in paragraph (2), if
a corporation fails to meet the requirements of subsection (a)
at any time during the taxable year, the corporation shall not
be treated as an IRIC for such taxable year.
``(2) Inadvertent failure.--
``(A) In general.--A corporation which fails to
meet the requirements of subsection (a) for any taxable
year shall nevertheless be considered to have satisfied
the requirements of such subsection for such taxable
year if--
``(i) the failure was due to reasonable
cause and not due to willful neglect,
``(ii) no later than 30 days after the
discovery of the event causing such failure,
the corporation meets the requirements of
subsection (a),
``(iii) in the case of a failure to meet
the requirements of subsection (a)(3) for any
period, the failure was caused by persons not
described therein holding, in the aggregate,
less than 1 percent of the stock (by value) of
the corporation, and
``(iv) the corporation pays the additional
tax imposed by reason of subparagraph (B).
``(B) Imposition of additional tax on certain
failures.--In the case of a failure described in
subparagraph (A)(iii) for any taxable year, the tax
imposed by section 998A(a) on the IRIC shall be equal
to the sum of--
``(i) the tax determined under such section
(without regard to this subparagraph) on
amounts received by the IRIC for the taxable
year other than amounts so received which are
attributable to stock held by persons not
described in subsection (a)(3) for the period
so held, plus
``(ii) 100 percent of the amounts received
which are so attributable.
The Secretary shall prescribe rules for the proper
allocation of deductions to amounts described in this
subparagraph.
``SEC. 998A. TAXATION OF IRICS.
``(a) In General.--In the case of an IRIC, there shall be imposed,
in lieu of the tax imposed by section 11, a tax equal to 30 percent of
the excess of--
``(1) the amounts received by the IRIC which (before the
application of any treaty) would be subject to tax under
section 871(a) if received by a nonresident alien individual,
over
``(2) the deductions properly allocable to such amounts
(other than deductions allowed under sections 163, 172, 243,
and such other provisions as the Secretary may prescribe in
regulations to prevent abuse).
``(b) Treaties.--
``(1) In general.--In the case of a treaty IRIC, subsection
(a) shall be applied by substituting `15 percent' for `30
percent'.
``(2) Treaty iric.--For purposes of paragraph (1), the term
`treaty IRIC' means an IRIC--
``(A) all the outstanding stock of which is held by
persons resident in a country that has in effect with
the United States an income tax treaty pursuant to
which such persons would, by reason of section 894(a),
be subject to tax under section 871(a) on dividends at
a rate not greater than 15 percent, and
``(B) which elects to be a treaty IRIC.
Rules similar to the rules of section 998(b) shall apply to an
election under subparagraph (B).
``SEC. 998B. OTHER RULES.
``(a) Coordination With Subchapter M.--Except as provided in
subsection (e), an IRIC shall not be treated as a regulated investment
company for purposes of this title.
``(b) No Carryovers.--
``(1) Carryovers to iric years.--No carryforward, and no
carryback, arising for a taxable year for which the corporation
is not an IRIC may be carried to a taxable year for which such
corporation is an IRIC.
``(2) Carryovers from iric years.--No carryforward, and no
carryback, shall arise for a taxable year for which a
corporation is an IRIC.
``(c) Certain Taxes Not To Apply.--Sections 55, 531, and 541 shall
not apply to an IRIC.
``(d) Credits Not Allowed.--No credits under this chapter shall be
allowed to an IRIC.
``(e) Redemptions.--In applying section 302(b)(5), an IRIC shall be
treated as a publicly offered regulated investment company.
``(f) Reliance on Certification.--
``(1) Reliance.--With respect to the requirement in
sections 998(a)(3) and 998A(b)(2)(A), a corporation may rely on
the certification of its shareholders, unless or until such
time that the corporation has reason to know that the
certification is false or is no longer true.
``(2) Redemption upon false certification.--If a
corporation has reason to know that the certification made by
one of its shareholders is false or is no longer true, the
corporation must redeem the stock held by such shareholder as
soon as reasonably practicable (and in no case more than 30
days after the corporation obtains such reason to know).
Failure to redeem such stock in a timely manner shall result in
the corporation failing the requirement of section 998(a)(3) or
998A(b)(2)(A), whichever is applicable.
``(3) Certification by certain institutions.--For purposes
of this subsection, a certification with regard to a person
which is made by an institution described in section
871(h)(5)(B) in a form satisfactory to the Secretary under
section 871(h) shall be deemed to be a certification by such
person.''.
(b) Clerical Amendment.--The table of parts for subchapter N of
chapter 1 of the Internal Revenue Code of 1986 is amended by
redesignating the item relating to part V as relating to part VI and
inserting after the item relating to part IV the following new item:
``Part V--International Regulated Investment Companies''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | International Regulated Investment Company Act of 2017 This bill amends the Internal Revenue Code to provide for international regulated investment companies (IRICs) and specify rules for the taxation of IRICs. An IRIC is a regulated investment company (i.e., a mutual fund) that has all of its outstanding stock held by foreign shareholders, including nonresident alien individuals (and their foreign estates) and qualified foreign pension funds, and meets other specified requirements. | International Regulated Investment Company Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Stamp Benefits for Aliens
Restoration Act of 1997''.
SEC. 2. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR CERTAIN FEDERAL
PROGRAMS.
(a) In General.--Section 402(a) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)) (as
amended by section 5301, 5302(a), 5303(a), and 5304 of the Balanced
Budget Act of 1997 (Public Law 105-33; 111 Stat. 597, 598, 600)) is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking clause (ii);
(ii) by striking ``Asylees.--'' and all
that follows through ``paragraph (3)(A)'' and
inserting ``Asylees.--With respect to the
specified Federal program described in
paragraph (3)''; and
(iii) by redesignating subclauses (I)
through (IV) as clauses (i) through (iv) and
indenting appropriately;
(B) in subparagraph (D)--
(i) by striking clause (ii); and
(ii) in clause (i)--
(I) by striking ``(i) SSI.--'' and
all that follows through ``paragraph
(3)(A)'' and inserting the following:
``(i) In general.--With respect to the
specified Federal program described in
paragraph (3)'';
(II) by redesignating subclauses
(II) through (IV) as clauses (ii)
through (iv) and indenting
appropriately;
(III) by striking ``subclause (I)''
each place it appears and inserting
``clause (i)''; and
(IV) in clause (iv) (as
redesignated by subclause (II)), by
striking ``this clause'' and inserting
``this subparagraph''; and
(C) in subparagraphs (E) through (H), by striking
``paragraph (3)(A)'' each place it appears and
inserting ``paragraph (3)''; and
(2) in paragraph (3)--
(A) by striking ``means any'' and all that follows
through ``The supplemental'' and inserting ``means the
supplemental''; and
(B) by striking subparagraph (B).
(b) Conforming Amendments.--
(1) Section 402(b)(2)(F) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(2)(F)) (as added by section 5305(b) of the Balanced
Budget Act of 1997 (Public Law 105-33; 111 Stat. 601)) is
amended by striking ``subsection (a)(3)(A)'' and inserting
``subsection (a)(3)''.
(2) Section 403(d) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(d)) (as
added by section 5303(c) of the Balanced Budget Act of 1997
(Public Law 105-33; 111 Stat. 600)) is amended by striking
``subsections (a)(3)(A)'' and inserting ``subsections (a)(3)''.
SEC. 3. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR FEDERAL
MEANS-TESTED PUBLIC BENEFIT.
Section 403(c)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)) is amended
by adding at the end the following:
``(L) Assistance or benefits under the Food Stamp
Act of 1977 (7 U.S.C. 2011 et seq).''.
SEC. 4. AUTHORITY FOR STATES TO PROVIDE FOR ATTRIBUTION OF SPONSORS
INCOME AND RESOURCES TO THE ALIEN WITH RESPECT TO STATE
PROGRAMS.
Section 422(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1632(b)) is amended by adding at
the end the following:
``(8) Programs comparable to assistance or benefits under
the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq).''.
SEC. 5. DERIVATIVE ELIGIBILITY FOR BENEFITS.
Section 436 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1646) (as added by section 5305(a)
of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 601))
is repealed.
SEC. 6. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.
Section 213A of the Immigration and Nationality Act (8 U.S.C.
1183a) is amended--
(1) in subsection (a)(1)(B), by striking ``(as defined in
subsection (e) of this section)''; and
(2) by inserting after subsection (f) the following:
``(g) Means-Tested Public Benefit Defined.--In this section, the
term `means-tested public benefit' does not include assistance or
benefits provided under the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq).''.
SEC. 7. STATUS OF CUBAN AND HAITIAN ENTRANTS.
Section 6(f) of the Food Stamp Act of 1977 (7 U.S.C. 2015(f)) is
amended in the first sentence by inserting before the period at the end
the following: ``; or (G) an alien who is a Cuban and Haitian entrant
(as defined in section 501(e) of the Refugee Education Assistance Act
of 1980 (Public Law 96-422; 8 U.S.C. 1522 note))''.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall be effective as
if included in the enactment of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.
2105). | Food Stamp Benefits for Aliens Restoration Act of 1998 - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended by the Balanced Budget Act of 1997, to eliminate specified eligibility restrictions for qualified aliens (as defined in such Acts) with respect to: (1) food stamps; and (2) Federal means- tested public benefits.
(Sec. 4) Prohibits States from attributing sponsor or spousal income and resources in determining an alien's food stamp or comparable program eligibility or benefits.
(Sec. 5) Repeals the prohibition on an alien's derivative food stamp eligibility based upon supplemental security income eligibility.
(Sec. 6) States that with respect to a sponsor affidavit of support means-tested public benefit does not include food stamps.
(Sec. 7) Amends the Food Stamp Act to make Cuban or Haitian refugee entrants eligible for food stamps. | Food Stamp Benefits for Aliens Restoration Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Rape Victims and
Improving Use of DNA Evidence Act of 2010''.
SEC. 2. INCENTIVE FUNDS UNDER THE BYRNE GRANT PROGRAM FOR STATES AND
UNITS OF LOCAL GOVERNMENT THAT PROVIDE CERTAIN SERVICES
TO VICTIMS OF SEXUAL ASSAULT.
Section 505 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3754) is amended by adding at the end the following new
subsection:
``(i) Incentive Funds for Providing Certain Services to Victims of
Sexual Assault and Establishing Rape Kit Databases.--
``(1) In general.--The amounts allocated under this section
to a State or unit of local government for a fiscal year
(beginning with the first fiscal year that begins at least one
year from the date of the enactment of this subsection) shall
be increased by 10 percent if such State or unit of local
government provides and certifies in accordance with such
standards as the Attorney General may require, that the State
or unit of local government had in effect, for the previous
fiscal year, each of the following:
``(A) Examination and testing of rape kit.--A
process to provide to each victim of sexual assault,
with respect to an act of sexual assault over which the
State or unit of local government has jurisdiction,
each of the following:
``(i) Examination by a qualified sexual
assault nurse examiner to collect a rape kit
from such victim.
``(ii) Testing of any rape kit collected
from such victim and the furnishing of any
results from such test to the victim not later
than 180 days after the date on which such
testing was requested.
``(B) Rape kit database.--A database developed and
maintained by such State or unit of local government
related to rape kits collected, in connection with acts
of sexual assault over which the State or unit of local
government has jurisdiction, from victims of such acts
that complies with the following requirements:
``(i) The database, for each rape kit
collected from each victim of sexual assault,
provides for the following:
``(I) Identifies such rape kit by a
unique identifying number.
``(II) The database contains
information on the date and location of
each of the following:
``(aa) The act of sexual
assault for which such rape kit
was collected.
``(bb) The medical
examination conducted from
which such rape kit was
collected.
``(cc) The testing of such
rape kit.
``(III) The database contains
information on the real-time physical
location of such rape kit, including
street address, locality, and State.
``(IV) The database contains
information on the results of any
testing of such rape kit.
``(ii) Information contained in the
database, with respect to a rape kit, may be
made available only as follows:
``(I) On a publically available
Internet site but only to the extent
that such information does not include
any personally identifiable information
(including the name of the victim
associated with a unique identifying
number).
``(II) To criminal justice agencies
for law enforcement identification
purposes.
``(III) In judicial proceedings, if
otherwise admissible pursuant to
applicable statutes or rules.
``(IV) To a physican or nurse who
is treating a victim of sexual assault
from whom the rape kit was collected
for injuries resulting from the sexual
assault of such victim or with respect
to the collection of such rape kit, but
only insofar as the information relates
to such treatment.
``(V) To the victim of sexual
assault from whom the rape kit was
collected, if the information made
available is limited to information
relating to the rape kit collected from
such victim.
``(iii) Information contained in such
database shall be searchable by any of the
criteria specified in clause (i), subject to
the availability of such information under
clause (ii).
``(iv) Access for purposes of data entry
and editing (including updating) of such
database shall be limited to appropriate
individuals of a State or local law enforcement
agency.
``(2) Funding.--
``(A) Ratable reduction for insufficient funds.--If
there are insufficient funds for a fiscal year to
allocate to each State or unit of local government the
amount of incentive funds that such State or unit of
local government is otherwise eligible to receive under
this subsection, the Attorney General shall ratably
reduce the allotment to all States and units of local
government based on the proportionate share each State
or unit of local government received under this section
(before the application of this subsection) for the
preceding fiscal year.
``(B) Authorization of appropriations.--In addition
to funds made available under section 508, there is
authorized to be appropriated for incentive funds under
this subsection such sums as may be necessary for each
of the fiscal years 2011 through 2015.
``(3) Definitions.--For purposes of this subsection:
``(A) The term `sexual assault' has the meaning
given such term in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925a(a)).
``(B) The term `victim of sexual assault' means an
individual who seeks medical treatment or care for an
injury sustained as a result of sexual assault and
reports such injury to a local or State law enforcement
officer or agency.
``(C) The term `rape kit' means DNA evidence
obtained related to sexual assault.
``(D) The term `qualified sexual assault nurse
examiner' means a nurse that has obtained certification
from a hospital, governmental entity, or an appopriate
institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C.
1002)), for the collection of rape kits from victims of
sexual assault.
``(E) The term `tested' means, with respect to a
rape kit, that such rape kit has undergone forensic
analysis.
``(F) The term `unique identifying number' means a
series of letters, numbers, or a combination thereof,
that a law enforcement agency assigns to a rape kit
that--
``(i) such agency receives in connection
with an act of sexual assault; and
``(ii) is used in place of the name of a
victim of sexual assault in the database
established under this subsection except if the
person accessing the database is the victim of
sexual assault or a member of a law enforcement
agency.''.
SEC. 3. STUDY AND REPORT ON DNA BACKLOG.
Subsection (g) of section 2 of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135(g)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by moving subparagraphs (A), (B), and (C) (as so
redesignated by paragraph (1) of this section) two ems to the
right;
(3) by striking ``(g) Reports to Congress--Not'' and
inserting the following:
``(g) Reports to Congress.--
``(1) In general.--Not''; and
(4) by adding at the end the following new paragraph:
``(2) Study and report to congress on dna backlog.--
``(A) Study.--The Attorney General shall conduct a
study to determine the extent of the backlog in the
United States relating to the analysis of DNA samples
collected from crime scenes, victims, suspects,
arrestees, and convicted offenders. Such study shall
determine the following:
``(i) The number of each of the following:
``(I) DNA samples that have been
prepared to be sent to a public or
private crime laboratory for forensic
analysis but have not been sent to such
laboratory.
``(II) Investigations for which DNA
samples described in subclause (I) have
been collected.
``(III) DNA samples that have been
received by a public or private crime
laboratory for forensic analysis but
have not yet been tested at such
laboratory.
``(IV) Investigations for which DNA
samples described in subclause (III)
have been collected.
``(ii) For each DNA sample and for each
investigation for which such samples exist, the
average duration of the following periods:
``(I) The period beginning on the
date that is 30 days after the date
each sample is collected from victims
of sexual assault and ending on the
date each sample is sent to a public or
private crime laboratory to be tested.
``(II) The period beginning on the
date that is 30 days after the date
each sample is received by a public or
private crime laboratory and ending on
the date each sample is tested at each
such laboratory.
``(B) Report.--Not later than two years after the
date of the enactment of this Act and for each year
thereafter, the Attorney General shall submit to
Congress a report containing--
``(i) the results of the study conducted
under subparagraph (A);
``(ii) a statistical analysis of the data
contained in such study, disaggregated by
jurisdiction, criminal offense, type of DNA
evidence tested, if available, and any other
category of information the Attorney General
may require; and
``(iii) recommendations on how to reduce--
``(I) the number of DNA samples and
investigations that are subject to the
conditions described in subparagraph
(A)(i); and
``(II) the average duration of the
periods described in subparagraph
(A)(ii).
``(C) Definitions.--For purposes of this paragraph:
``(i) The term `DNA sample' means evidence
containing human DNA collected by Federal,
State, local, or tribal law enforcement
agencies.
``(ii) The term `investigation' includes
any investigatory action taken by a Federal,
State, tribal, or local law enforcement agency
relating to an act of sexual assault after such
agency receives a report of such act.
``(iii) The term `tested' means, with
respect to a DNA sample that such sample has
undergone forensic analysis.''. | Justice for Rape Victims and Improving Use of DNA Evidence Act of 2010 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase by 10% grants under the Edward Byrne Memorial Justice Assistance Grant Program for states or local governments that had in effect for the previous fiscal year: (1) a process to provide a victim of sexual assault with an examination by a qualified sexual assault nurse examiner for purposes of collecting a rape kit from such victim and to provide the results of rape kit testing to the victim within 180 days; and (2) an online rape kit database containing specified information.
Amends the DNA Analysis Backlog Elimination Act of 2000 to require the Attorney General to study and report to Congress on the extent of the backlog in the United States relating to the analysis of DNA samples collected from crime scenes, victims, suspects, arrestees, and convicted offenders. | To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide incentives to States and units of local government under the Edward Byrne Memorial Justice Assistance Grant Program for providing certain services to victims of sexual assault or rape, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USERRA Enforcement Improvement Act
of 2007''.
SEC. 2. REFORM OF USERRA COMPLAINT PROCESS.
(a) Notification of Rights With Respect to Complaints.--Subsection
(c) of section 4322 of title 38, United States Code, is amended to read
as follows:
``(c)(1) Not later than 5 days after the Secretary receives a
complaint submitted by a person under subsection (a), the Secretary
shall notify such person of his or her rights with respect to such
complaint under this section and section 4223 or 4224, as the case may
be.
``(2) The Secretary shall, upon request, provide technical
assistance to a potential claimant with respect to a complaint under
this subsection, and when appropriate, to such claimant's employer.''.
(b) Expedition of Attempts To Investigate and Resolve Complaints.--
Section 4322 of such title is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Any action required by subsections (d) and (e) with respect
to a complaint submitted by a person to the Secretary under subsection
(a) shall be completed by the Secretary not later than 90 days after
receipt of such complaint.''.
(c) Expedition of Referrals.--
(1) Expedition of referrals to attorney general.--Section
4323(a)(1) of such title is amended by inserting ``Not later
than 15 days after the Secretary receives such a request with
respect to a complaint, the Secretary shall refer the complaint
to the Attorney General.'' after ``to the Attorney General.''.
(2) Expedition of referrals to special counsel.--Section
4324(a)(1) of such title is amended by striking ``The Secretary
shall refer'' and inserting ``Not later than 15 days after the
date the Secretary receives such a request, the Secretary shall
refer''.
(d) Notification of Representation.--
(1) Notification by attorney general.--Section 4323(a) of
such title is amended--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) Not later than 45 days after the date the Attorney General
receives a referral under paragraph (1), the Attorney General shall--
``(A) make a decision whether to appear on behalf of, and
act as attorney for, the person on whose behalf the complaint
is submitted; and
``(B) notify such person of such decision.''.
(2) Notification by special counsel.--Section 4324(a)(2)(B)
of such title is amended to read as follows:
``(B) Not later than 45 days after the date the Special Counsel
receives a referral under paragraph (1), the Special Counsel shall--
``(i) make a decision whether to initiate an action and
represent a person before the Merit Systems Protection Board
under subparagraph (A); and
``(ii) notify such person of such decision.''.
SEC. 3. EXPANSION OF REPORTING REQUIREMENTS WITH RESPECT TO ENFORCEMENT
OF USERRA.
(a) Modification of Annual Report by Secretary.--Section 4332 of
title 38, United States Code, is amended--
(1) by striking ``The Secretary shall'' and inserting ``(a)
Annual Report by Secretary.--The Secretary shall'';
(2) by redesignating paragraphs (4) through (6) as
paragraphs (7) through (9), respectively, and inserting after
paragraph (3) the following new paragraphs (4), (5), and (6):
``(4) The number of cases reviewed by the Secretary of
Defense through the National Committee for Employer Support of
the Guard and Reserve of the Department of Defense during such
fiscal year.
``(5) The number of cases reviewed by the Secretary and the
Secretary of Defense through the National Committee for
Employer Support of the Guard and Reserve of the Department of
Defense that involve the same person seeking employment or
reemployment.
``(6) With respect to the cases reported on pursuant to
paragraphs (1), (2), (3), (4), and (5)--
``(A) the number of such cases that involve a
disability-related issue;
``(B) the number of such cases not described by
subparagraph (A) that involve a person seeking
employment or reemployment who has a disability; and
``(C) with respect to subparagraphs (A) and (B)
separately, the number of each type of such
disabilities.'';
(3) in paragraph (7), as so redesignated, by striking ``or
(3)'' and inserting ``(3), (4), or (5)''; and
(4) in subsection (a), as designated by paragraph (1), by
striking ``transmit to the Congress'' and inserting ``submit to
Congress, the Secretary of Defense, the Secretary of Veterans
Affairs, the Attorney General, and the Special Counsel,''.
(b) Quarterly Report by Comptroller General.--Such section 4332 is
further amended by adding at the end the following new subsection:
``(b) Quarterly Report by Comptroller General.--The Comptroller
General of the United States shall submit each quarter to Congress, the
Secretary of Defense, the Secretary of Veterans Affairs, the Attorney
General, and the Special Counsel a report setting forth, for the
previous full quarter, the following:
``(1) The number of cases for which the Secretary did not
meet the requirements of section 4322(f) of this title.
``(2) The number of cases for which the Secretary received
a request for a referral under paragraph (1) of section 4323(a)
of this title but did not make such referral within the time
period required by such paragraph.
``(3) The number of cases for which the Secretary received
a request for a referral under paragraph (1) of section 4324(a)
of this title but did not make such referral within the time
period required by such paragraph.
``(4) The number of cases for which the Attorney General
received a referral under paragraph (1) of section 4323(a) of
this title but did not meet the requirements of paragraph (2)
of such section 4323(a) for such referral.
``(5) The number of cases for which the Special Counsel
received a referral under paragraph (1) of section 4324(a) of
this title but did not meet the requirements of paragraph
(2)(B) of such section 4324(a) for such referral.''.
(c) Uniform Categorization of Data.--Such section 4332 is further
amended by adding at the end the following new subsection:
``(c) Uniform Categorization of Data.--The Secretary shall
coordinate with the Secretary of Defense, the Secretary of Veterans
Affairs, the Attorney General, and the Special Counsel to ensure that--
``(1) the information in the reports required by this
section is categorized in a uniform way; and
``(2) the Secretary, the Secretary of Defense, the
Secretary of Veterans Affairs, the Attorney General, and the
Special Counsel each have electronic access to the case files
reviewed under this chapter by the Secretary, the Secretary of
Defense, the Attorney General, and the Special Counsel.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to each report required under such section 4332
after the date of the enactment of this Act. | USERRA Enforcement Improvement Act of 2007 - Amends provisions concerning uniformed services members' employment or reemployment rights or benefits to: (1) require complainants to be notified of their rights within five days after receipt of the complaint by the Secretary of Labor; (2) require investigation and resolution of complaints to be completed no later than 90 days after receipt of the complaint; and (3) impose a 15-day deadline on referral to the Attorney General or to the Office of Special Counsel of an unsuccessful effort to resolve a complaint against a state or private employer or a federal executive agency, respectively. Requires the Attorney General or the Special Counsel, as appropriate, to make a decision and provide notification concerning representation of a complainant within 45 days of a referral.
Modifies requirements for annual case reporting by the Secretary to include data of the National Committee for Employer Support of the Guard and Reserve and data concerning those with disabilities.
Requires the Comptroller General to make quarterly reports on claims processing.
Requires the Secretary to ensure that: (1) report information is categorized in a uniform way; and (2) the Secretary and the Secretaries of Defense and Veterans Affairs, the Attorney General, and the Special Counsel each have electronic access to case files reviewed under the uniformed services employment and reemployment rights provisions. | A bill to amend title 38, United States Code, to improve the enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994, and for other purposes. |
s on the Budget.--
Section 301(a)(4) of the Congressional Budget Act of 1974 is amended to
read as follows:
``(4) subtotals of new budget authority and outlays for
nondefense discretionary spending, defense discretionary
spending, direct spending (excluding interest), interest, and
emergencies (for the reserve fund in section 316(b) and for
military operations in section 316(c));''.
(b) Additional Matters in Concurrent Resolution.--Section 301(b) of
the Congressional Budget Act of 1974 is amended as follows:
(1) Strike paragraphs (2), (4), and (6) through (9).
(2) After paragraph (1), insert the following new
paragraph:
``(2) require such other congressional procedures, relating
to the budget, as may be appropriate to carry out the purposes
of this Act;''.
(3) At the end of paragraph (3), insert ``and'' and
redesignate paragraph (5) as paragraph (4) and in such
paragraph strike the semicolon and insert a period.
(c) Required Contents of Report.--Section 301(e)(2) of the
Congressional Budget Act of 1974 is amended as follows:
(1) Redesignate subparagraphs (A), (B), (C), (D), (E), and
(F) as subparagraphs (B), (C), (E), (F), and (G), respectively.
(2) Before subparagraph (B) (as redesignated), insert the
following new subparagraph:
``(A) new budget authority and outlays for each
major functional category, based on allocations of the
total levels set forth pursuant to subsection
(a)(1);''.
(3) In subparagraph (C) (as redesignated), strike
``mandatory'' and insert ``direct spending''.
(d) Additional Contents of Report.--Section 301(e)(3) of the
Congressional Budget Act of 1974 is amended by striking ``and'' at the
end of subparagraph (D), by striking the period and inserting ``; and''
at the end of subparagraph (E), and by adding at the end the following
new subparagraph:
``(F) reconciliation directives described in
section 310.''.
(e) President's Budget Submission to the Congress.--(1) The first
two sentences of section 1105(a) of title 31, United States Code, are
amended to read as follows:
``On or after the first Monday in January but not later than the first
Monday in February of each year the President shall submit a budget of
the United States Government for the following fiscal year which shall
set forth the following levels:
``(A) totals of new budget authority and outlays;
``(B) total Federal revenues and the amount, if any, by
which the aggregate level of Federal revenues should be
increased or decreased by bills and resolutions to be reported
by the appropriate committees;
``(C) the surplus or deficit in the budget;
``(D) subtotals of new budget authority and outlays for
nondefense discretionary spending, defense discretionary
spending, direct spending (excluding interest), interest, and
emergencies (for the reserve fund in section 316(b) and for
military operations in section 316(c)); and
``(E) the public debt.
Each budget submission shall include a budget message and summary and
supporting information and, as a separately delineated statement, the
levels required in the preceding sentence for at least each of the 4
ensuing fiscal years.''.
(2) The third sentence of section 1105(a) of title 31, United
States Code, is amended by inserting ``submission'' after ``budget''.
(f) Conforming Amendments to Section 310 Regarding Reconciliation
Directives.--(1) Section 310(a) of such Act is amended by striking
``A'' and inserting ``The joint explanatory statement accompanying the
conference report on a''.
(2) The first sentence of section 310(b) of such Act is amended by
striking ``If'' and inserting ``If the joint explanatory statement
accompanying the conference report on''.
(3) Section 310(c)(1) of such Act is amended by inserting ``the
joint explanatory statement accompanying the conference report on''
after ``pursuant to''.
TITLE II--EMERGENCIES
SEC. 201. REPEAL OF ADJUSTMENTS FOR EMERGENCIES.
(a) Elimination of Emergency Designation.--Sections 251(b)(2)(A),
252(e), and 252(d)(4)(B) of the Balanced Budget and Emergency Deficit
Control Act of 1985 are repealed.
(b) Elimination of Adjustments.--Section 314(b) of the
Congressional Budget Act of 1974 is amended by striking paragraph (1)
and by redesignating paragraphs (2) through (5) as paragraphs (1)
through (4), respectively.
(c) Conforming Amendment.--Clause 2 of rule XXI of the Rules of the
House of Representatives is amended by repealing paragraph (e) and by
redesignating paragraph (f) as paragraph (e).
SEC. 202. OMB EMERGENCY CRITERIA.
Section 3 of the Congressional Budget and Impoundment Control Act
of 1974 is amended by adding at the end the following new paragraph:
``(11)(A) The term `emergency' means an underlying
situation that--
``(i) requires new budget authority and outlays (or
new budget authority and the outlays flowing therefrom)
for the prevention or mitigation of, or response to,
loss of life or property, or a threat to national
security; and
``(ii) is unanticipated.
``(B) As used in subparagraph (A), the term `unanticipated'
means that the situation is--
``(i) sudden, which means quickly coming into being
or not building up over time;
``(ii) urgent, which means a pressing and
compelling need requiring immediate action;
``(iii) unforeseen, which means not predicted or
anticipated as an emerging need; and
``(iv) temporary, which means not of a permanent
duration.''.
SEC. 203. DEVELOPMENT OF GUIDELINES FOR APPLICATION OF EMERGENCY
DEFINITION.
Not later than 5 months after the date of enactment of this Act,
the chairmen of the Committees on the Budget (in consultation with the
President) shall, after consulting with the chairmen of the Committees
on Appropriations and applicable authorizing committees of their
respective Houses and the Directors of the Congressional Budget Office
and the Office of Management and Budget, jointly publish in the
Congressional Record guidelines for application of the definition of
emergency set forth in section 3(11) of the Congressional Budget and
Impoundment Control Act of 1974.
SEC. 204. RESERVE FUND FOR EMERGENCIES IN PRESIDENT'S BUDGET.
Section 1105(f) of title 31, United States Code is amended by
adding at the end the following new sentences: ``Such budget submission
shall also comply with the requirements of subsections (b) and (c) of
section 316 of the Congressional Budget Act of 1974 and, in the case of
any budget authority requested for an emergency, such submission shall
include a detailed justification of why such emergency is an emergency
within the meaning of section 3(11) of the Congressional Budget Act of
1974.''.
SEC. 205. BUDGETING FOR EMERGENCIES.
(a) Emergencies.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:
``emergencies
``Sec. 316. (a) Adjustments.--
``(1) In general.--After the reporting of a bill or joint
resolution or the submission of a conference report thereon
that provides budget authority for any emergency as identified
pursuant to subsection (d) that is not covered by subsection
(c)--
``(A) the chairman of the Committee on the Budget
of the House of Representatives or the Senate shall
determine and certify, pursuant to the guidelines
referred to in section 203 of the , the portion (if
any) of the amount so specified that is for an
emergency within the meaning of section 3(11); and
``(B) such chairman shall make the adjustment set
forth in paragraph (2) for the amount of new budget
authority (or outlays) in that measure and the outlays
flowing from that budget authority.
``(2) Matters to be adjusted.--The adjustments referred to
in paragraph (1) are to be made to the allocations made
pursuant to the appropriate concurrent resolution on the budget
pursuant to section 302(a) and shall be in an amount not to
exceed the amount reserved for emergencies pursuant to the
requirements of subsection (b).
``(b) Reserve Fund for Nonmilitary Emergencies.--The amount set
forth in the reserve fund for emergencies for budget authority and
outlays for a fiscal year pursuant to section 301(a)(4) shall equal--
``(1) the average of the enacted levels of budget authority
for emergencies (other than those covered by subsection (c)) in
the 5 fiscal years preceding the current year; and
``(2) the average of the levels of outlays for emergencies
in the 5 fiscal years preceding the current year flowing from
the budget authority referred to in paragraph (1), but only in
the fiscal year for which such budget authority first becomes
available for obligation.
``(c) Treatment of Emergencies to Fund Certain Military
Operations.--Whenever the Committee on Appropriations reports any bill
or joint resolution that provides budget authority for any emergency
that is a threat to national security and the funding of which carries
out a military operation authorized by a declaration of war or a joint
resolution authorizing the use of military force (or economic
assistance funding in furtherance of such operation) and the report
accompanying that bill or joint resolution, pursuant to subsection (d),
identifies any provision that increases outlays or provides budget
authority (and the outlays flowing therefrom) for such emergency, the
enactment of which would cause the total amount of budget authority or
outlays provided for emergencies for the budget year in the joint
resolution on the budget (pursuant to section 301(a)(4)) to be
exceeded:
``(1) Such bill or joint resolution shall be referred to
the Committee on the Budget of the House or the Senate, as the
case may be, with instructions to report it without amendment,
other than that specified in paragraph (2), within 5
legislative days of the day in which it is reported from the
originating committee. If the Committee on the Budget of either
House fails to report a bill or joint resolution referred to it
under this subparagraph within such 5-day period, the committee
shall be automatically discharged from further consideration of
such bill or joint resolution and such bill or joint resolution
shall be placed on the appropriate calendar.
``(2) An amendment to such a bill or joint resolution
referred to in this subsection shall only consist of an
exemption from section 251 of the Balanced Budget and Emergency
Deficit Control Act of 1985 of all or any part of the
provisions that provide budget authority (and the outlays
flowing therefrom) for such emergency if the committee
determines, pursuant to the guidelines referred to in section
203 of the Emergency Spending Control Act of 2005, that such
budget authority is for an emergency within the meaning of
section 3(11).
``(3) If such a bill or joint resolution is reported with
an amendment specified in paragraph (2) by the Committee on the
Budget of the House of Representatives or the Senate, then the
budget authority and resulting outlays that are the subject of
such amendment shall not be included in any determinations
under section 302(f) or 311(a) for any bill, joint resolution,
amendment, motion, or conference report.
``(d) Committee Notification of Emergency Legislation.--Whenever
the Committee on Appropriations or any other committee of either House
(including a committee of conference) reports any bill or joint
resolution that provides budget authority for any emergency, the report
accompanying that bill or joint resolution (or the joint explanatory
statement of managers in the case of a conference report on any such
bill or joint resolution) shall identify all provisions that provide
budget authority and the outlays flowing therefrom for such emergency
and include a statement of the reasons why such budget authority meets
the definition of an emergency pursuant to the guidelines referred to
in section 203 of the Emergency Spending Control Act of 2005.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 315 the
following new item:
``316. Emergencies.''.
SEC. 206. APPLICATION OF SECTION 306 TO EMERGENCIES IN EXCESS OF
AMOUNTS IN RESERVE FUND.
Section 306 of the Congressional Budget Act of 1974 is amended by
inserting at the end the following new sentence: ``No amendment
reported by the Committee on the Budget (or from the consideration of
which such committee has been discharged) pursuant to section 316(c)
may be amended.''.
SEC. 207. UP-TO-DATE TABULATIONS.
Section 308(b)(2) of the Congressional Budget Act of 1974 is
amended by striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``; and'', and
by adding at the end the following new subparagraph:
``(D) shall include an up-to-date tabulation of
amounts remaining in the reserve fund for
emergencies.''. | Emergency Spending Control Act of 2005 - Amends the Congressional Budget Act of 1974 to revise the contents of the annual concurrent resolution on the budget (eliminating certain matters in an effort to keep such resolution to one page).
Requires the report accompanying the budget resolution to include: (1) new budget authority and outlays for each major functional category, based on allocations of the total levels set forth in the resolution; and (2) with respect to each major functional category, an estimate of total new budget authority and total outlays, with the estimates divided between discretionary and direct (currently, mandatory) spending amounts.
Allows reconciliation directives to be included in the report.
Modifies the President's budget request to Congress to eliminate most current requirements and include only: (1) totals of new budget authority and outlays; (2) total Federal revenues and the amount, if any, by which their aggregate level should be increased or decreased by bills and resolutions to be reported by the appropriate committees; (3) the surplus or deficit in the budget; (4) subtotals of new budget authority and outlays for nondefense and defense discretionary spending, direct spending (excluding interest), interest, and emergencies (for the reserve fund and for military operations in the Act); (5) the public debt; and (6) as a separately delineated statement, the levels required in (1) through (5) for at least each of the four ensuing fiscal years.
Repeals sequestration requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) regarding: (1) adjustments for emergency appropriations (except those covering agricultural crop disaster assistance); (2) emergency legislation; and (3) the scope of estimates of such legislation.
Eliminates adjustments of appropriations designated as emergency requirements under the Congressional Budget Act of 1974.
Amends the Congressional Budget and Impoundment Control Act of 1974 to define "emergency" as an unanticipated situation that requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security.
Amends the Congressional Budget Act of 1974 to set forth requirements with respect to: (1) the President's budget request for reserve funds for emergencies; (2) treatment of emergency legislation to fund both nonmilitary emergencies and certain military operations; and (3) committee notification of any emergency legislation.
Prohibits floor amendments to amendments reported by the Committee on the Budget (or from the consideration of which the Committee has been discharged) with respect to legislation for emergency reserve funds for certain military operations.
Requires congressional summary budget scorekeeping reports to include an up-to-date tabulation of amounts remaining in the reserve fund for emergencies. | To amend the Congressional Budget Act of 1974 to simplify annual concurrent resolutions on the budget and to budget for emergencies. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Security Act of 2014''.
SEC. 2. ELIMINATION OF DISINCENTIVE TO POOLING FOR MULTIPLE EMPLOYER
PLANS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Treasury shall prescribe
final regulations under which a plan described in section 413(c) of the
Internal Revenue Code of 1986 may be treated as satisfying the
qualification requirements of section 401(a) of such Code despite the
violation of such requirements with respect to one or more
participating employers. Such rules may require that the portion of the
plan attributable to such participating employers be spun off to plans
maintained by such employers.
SEC. 3. MODIFICATION OF ERISA RULES RELATING TO MULTIPLE EMPLOYER
DEFINED CONTRIBUTION PLANS.
(a) In General.--
(1) Requirement of common interest.--Section 3(2) of the
Employee Retirement Income Security Act of 1974 is amended by
adding at the end the following:
``(C)(i) A qualified multiple employer plan shall not fail
to be treated as an employee pension benefit plan or pension
plan solely because the employers sponsoring the plan share no
common interest.
``(ii) For purposes of this subparagraph, the term
`qualified multiple employer plan' means a plan described in
section 413(c) of the Internal Revenue Code of 1986 which--
``(I) is an individual account plan with respect to
which the requirements of clauses (iii), (iv), and (v)
are met, and
``(II) includes in its annual report required to be
filed under section 104(a) the name and identifying
information of each participating employer.
``(iii) The requirements of this clause are met if, under
the plan, each participating employer retains fiduciary
responsibility for--
``(I) the selection and monitoring of the named
fiduciary, and
``(II) the investment and management of the portion
of the plan's assets attributable to employees of the
employer to the extent not otherwise delegated to
another fiduciary.
``(iv) The requirements of this clause are met if, under
the plan, a participating employer is not subject to
unreasonable restrictions, fees, or penalties by reason of
ceasing participation in, or otherwise transferring assets
from, the plan.
``(v) The requirements of this clause are met if each
participating employer in the plan is an eligible employer as
defined in section 408(p)(2)(C)(i) of the Internal Revenue Code
of 1986, applied--
``(I) by substituting `500' for `100' in subclause
(I) thereof,
``(II) by substituting `5' for `2' each place it
appears in subclause (II) thereof, and
``(III) without regard to the last sentence of
subclause (II) thereof.''.
(2) Simplified reporting for small multiple employer
plans.--Section 104(a) of such Act (29 U.S.C. 1024(a)) is
amended by adding at the end the following:
``(7)(A) In the case of any eligible small multiple employer plan,
the Secretary may by regulation--
``(i) prescribe simplified summary plan descriptions,
annual reports, and pension benefit statements for purposes of
section 102, 103, or 105, respectively, and
``(ii) waive the requirement under section 103(a)(3) to
engage an independent qualified public accountant in cases
where the Secretary determines it appropriate.
``(B) For purposes of this paragraph, the term `eligible small
multiple employer plan' means, with respect to any plan year--
``(i) a qualified multiple employer plan, as defined in
section 3(2)(C)(ii), or
``(ii) any other plan described in section 413(c) of the
Internal Revenue Code of 1986 that satisfies the requirements
of clause (v) of section 3(2)(C).''.
(b) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 2014.
SEC. 4. SECURE DEFERRAL ARRANGEMENTS.
(a) In General.--Subsection (k) of section 401 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(14) Alternative method for secure deferral arrangements
to meet nondiscrimination requirements.--
``(A) In general.--A secure deferral arrangement
shall be treated as meeting the requirements of
paragraph (3)(A)(ii).
``(B) Secure deferral arrangement.--For purposes of
this paragraph, the term `secure deferral arrangement'
means any cash or deferred arrangement which meets the
requirements of subparagraphs (C), (D), and (E) of
paragraph (13), except as modified by this paragraph.
``(C) Qualified percentage.--For purposes of this
paragraph, with respect to any employee, the term
`qualified percentage' means, in lieu of the meaning
given such term in paragraph (13)(C)(iii), any
percentage determined under the arrangement if such
percentage is applied uniformly and is--
``(i) at least 6 percent, but not greater
than 10 percent, during the period ending on
the last day of the first plan year which
begins after the date on which the first
elective contribution described in paragraph
(13)(C)(i) is made with respect to such
employee,
``(ii) at least 8 percent during the first
plan year following the plan year described in
clause (i), and
``(iii) at least 10 percent during any
subsequent plan year.
``(D) Matching contributions.--
``(i) In general.--For purposes of this
paragraph, an arrangement shall be treated as
having met the requirements of paragraph
(13)(D)(i) if and only if the employer makes
matching contributions on behalf of each
employee who is not a highly compensated
employee in an amount equal to the sum of--
``(I) 100 percent of the elective
contributions of the employee to the
extent that such contributions do not
exceed 1 percent of compensation,
``(II) 50 percent of so much of
such contributions as exceed 1 percent
but do not exceed 6 percent of
compensation, plus
``(III) 25 percent of so much of
such contributions as exceed 6 percent
but do not exceed 10 percent of
compensation.
``(ii) Application of rules for matching
contributions.--The rules of clause (ii) of
paragraph (12)(B) and clauses (iii) and (iv) of
paragraph (13)(D) shall apply for purposes of
clause (i) but the rule of clause (iii) of
paragraph (12)(B) shall not apply for such
purposes. The rate of matching contribution for
each incremental deferral must be at least as
high as the rate specified in clause (i), and
may be higher, so long as such rate does not
increase as an employee's rate of elective
contributions increases.''.
(b) Matching Contributions and Employee Contributions.--Subsection
(m) of section 401 of the Internal Revenue Code of 1986 is amended by
redesignating paragraph (13) as paragraph (14) and by inserting after
paragraph (12) the following new paragraph:
``(13) Alternative method for secure deferral
arrangements.--A defined contribution plan shall be treated as
meeting the requirements of paragraph (2) with respect to
matching contributions and employee contributions if the plan--
``(A) is a secure deferral arrangement (as defined
in subsection (k)(14)),
``(B) meets the requirements of clauses (ii) and
(iii) of paragraph (11)(B), and
``(C) provides that matching contributions on
behalf of any employee may not be made with respect to
an employee's contributions or elective deferrals in
excess of 10 percent of the employee's compensation.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2014.
SEC. 5. CREDIT FOR EMPLOYERS WITH RESPECT TO MODIFIED SAFE HARBOR
REQUIREMENTS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. CREDIT FOR SMALL EMPLOYERS WITH RESPECT TO MODIFIED SAFE
HARBOR REQUIREMENTS FOR AUTOMATIC CONTRIBUTION
ARRANGEMENTS.
``(a) General Rule.--For purposes of section 38, in the case of a
small employer, the safe harbor adoption credit determined under this
section for any taxable year is the amount equal to the total of the
employer's matching contributions under section 401(k)(14)(D) during
the taxable year on behalf of employees who are not highly compensated
employees, subject to the limitations of subsection (b).
``(b) Limitations.--
``(1) Limitation with respect to compensation.--The credit
determined under subsection (a) with respect to contributions
made on behalf of an employee who is not a highly compensated
employee shall not exceed 2 percent of the compensation of such
employee for the taxable year.
``(2) Limitation with respect to years of participation.--
Credit shall be determined under subsection (a) with respect to
contributions made on behalf of an employee who is not a highly
compensated employee only during the first 5 years such
employee participates in the qualified automatic contribution
arrangement.
``(c) Definitions.--
``(1) In general.--Any term used in this section which is
also used in section 401(k)(14) shall have the same meaning as
when used in such section.
``(2) Small employer.--The term `small employer' means an
eligible employer (as defined in section 408(p)(2)(C)(i)).
``(d) Denial of Double Benefit.--No deduction shall be allowable
under this title for any contribution with respect to which a credit is
allowed under this section.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of the Internal Revenue Code of 1986 is amended--
(1) by striking ``plus'' at the end of paragraph (35),
(2) by striking the period at the end of paragraph (36) and
inserting ``, plus'', and
(3) by adding at the end the following new paragraph:
``(37) the safe harbor adoption credit determined under
section 45S.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding after the item relating to section 45R the
following new item:
``Sec. 45S. Credit for small employers with respect to modified safe
harbor requirements for automatic
contribution arrangements.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years that include any portion of a plan year
beginning after December 31, 2014.
SEC. 6. MODIFICATION OF REGULATIONS.
The Secretary of the Treasury shall promulgate regulations or other
guidance that--
(1) simplify and clarify the rules regarding the timing of
participant notices required under section 401(k)(13)(E) of the
Internal Revenue Code of 1986, with specific application to--
(A) plans that allow employees to be eligible for
participation immediately upon beginning employment,
and
(B) employers with multiple payroll and
administrative systems, and
(2) simplify and clarify the automatic escalation rules
under sections 401(k)(13)(C)(iii) and 401(k)(14)(C) of the
Internal Revenue Code of 1986 in the context of employers with
multiple payroll and administrative systems.
Such regulations or guidance shall address the particular case of
employees within the same plan who are subject to different notice
timing and different percentage requirements, and provide assistance
for plan sponsors in managing such cases.
SEC. 7. OPPORTUNITY TO CLAIM THE SAVER'S CREDIT ON FORM 1040EZ.
The Secretary of the Treasury shall modify the forms for the return
of tax of individuals in order to allow individuals claiming the credit
under section 25B of the Internal Revenue Code of 1986 to file (and
claim such credit on) Form 1040EZ. | Retirement Security Act of 2014 - Directs the Secretary of the Treasury to: (1) prescribe final regulations to permit employers to participate in multiple employer pension benefit plans, (2) promulgate regulations or other guidance to simplify and clarify rules relating to the timing of participant notices required under tax-preferred pension plans and the automatic escalation rules, and (3) modify the 1040EZ tax return form to allow taxpayers to claim the tax credit for retirement savings (saver's credit) on such form. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code, with respect to employer pension benefit plans, to: (1) allow employers to maintain a tax-exempt multiple employer pension benefit plan even if the employers sponsoring the plan share no common interest, (2) modify requirements for secure deferral arrangements with respect to nondiscrimination and employer matching contributions, and (3) allow employers with not more than 100 employees a business-related tax credit to cover increased matching contributions required by this Act. | Retirement Security Act of 2014 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Unemployment Compensation Act of 2005''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Federal-State agreements.
Sec. 3. Requirements relating to regular compensation.
Sec. 4. Requirements relating to emergency extended unemployment
compensation.
Sec. 5. Payments to States.
Sec. 6. Financing provisions.
Sec. 7. Definitions.
Sec. 8. Applicability.
SEC. 2. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State that is a qualified State and that
desires to do so may enter into and participate in an agreement under
this Act with the Secretary. Any State that is a party to an agreement
under this Act may, upon providing 30 days' written notice to the
Secretary, terminate such agreement.
(b) Provisions of Agreement.--Any agreement under subsection (a)
shall provide that the State agency of the State--
(1) will make payments of regular compensation in
conformance with the requirements of section 3; and
(2) will make payments of emergency extended unemployment
compensation in conformance with the requirements of section 4.
(c) Qualified State.--For purposes of this Act, the term
``qualified State'' means Alabama, Florida, Louisiana, and Mississippi.
SEC. 3. REQUIREMENTS RELATING TO REGULAR COMPENSATION.
(a) In General.--Any agreement under this Act shall provide that
the State agency of the State will make payments of regular
compensation to individuals in amounts and to the extent that they
would be determined if the State law of such State were applied with
the modification described in subsection (b).
(b) Modification Described.--
(1) Additional amount.--In the case of an eligible
individual, the amount of regular compensation (including
dependents' allowances) payable for any week of unemployment to
which such agreement applies shall be equal to the amount
determined under the State law (before the application of this
paragraph), plus an additional--
(A) 25 percent, or
(B) $100,
whichever is greater.
(2) Eligible individual.--For purposes of this section, the
term ``eligible individual'' means an individual who--
(A) is receiving regular compensation under the
State law of the State that is a party to the
agreement; and
(B) at any time during the week before the week
that includes August 28, 2005, either held employment
in or resided in an area--
(i) that is within a qualified State; and
(ii) for which the President has declared a
major disaster under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) as a result of
Hurricane Katrina.
(c) Nonreduction Rule.--Under the agreement, subsection (b) shall
not apply (or shall cease to apply) with respect to a State upon a
determination by the Secretary that the method governing the
computation of regular compensation under the State law of such State
has been modified in a way such that--
(1) the average weekly amount of regular compensation which
will be payable during the period of the agreement (determined
disregarding the modification described in subsection (b)) will
be less than
(2) the average weekly amount of regular compensation which
would otherwise have been payable during such period under such
State law, as in effect on August 28, 2005.
(d) Coordination Rule.--The modification described in subsection
(b) shall also apply in determining the amount of benefits payable
under any Federal law, to any eligible individual, to the extent that
those benefits are determined by reference to regular compensation
payable under the State law of the State involved.
SEC. 4. REQUIREMENTS RELATING TO EMERGENCY EXTENDED UNEMPLOYMENT
COMPENSATION.
(a) In General.--Any agreement under this Act shall provide that
the State agency of the State will, for any weeks of unemployment to
which such agreement applies, make payments of emergency extended
unemployment compensation under this Act to individuals who--
(1) have exhausted all rights to regular compensation under
the State law or under Federal law, but only if exhaustion
occurs upon or after the close of the week that includes August
28, 2005;
(2) have no rights to regular compensation or extended
compensation with respect to a week under such law or any other
State unemployment compensation law or to compensation under
any other Federal law;
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of any other
country; and
(4) at any time during the week before the week that
includes August 28, 2005, either held employment in or resided
in an area--
(A) that is within a qualified State; and
(B) for which the President has declared a major
disaster under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
as a result of Hurricane Katrina.
(b) Exhaustion of Benefits.--For purposes of subsection (a)(1), an
individual shall be deemed to have exhausted such individual's rights
to regular compensation under a State law when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.
(c) Weekly Benefit Amount, Etc.--For purposes of any agreement
under this Act--
(1) the amount of emergency extended unemployment
compensation which shall be payable to any individual for any
week of total unemployment shall be equal to the amount of the
regular compensation (including dependents' allowances) payable
to such individual during such individual's benefit year under
the State law for a week of total unemployment;
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for emergency extended unemployment
compensation and to the payment thereof, except where otherwise
inconsistent with the provisions of this Act or with the
regulations or operating instructions of the Secretary
promulgated to carry out this Act; and
(3) the maximum amount of emergency extended unemployment
compensation payable to any individual for whom an emergency
extended unemployment compensation account is established under
subsection (d) shall not exceed the amount established in such
account for such individual.
(d) Emergency Extended Unemployment Compensation Accounts.--
(1) In general.--Any agreement under this Act shall provide
that the State will establish, for each eligible individual who
files an application for emergency extended unemployment
compensation an emergency extended unemployment compensation
account with respect to such individual's benefit year.
(2) Amount in account.--
(A) In general.--The amount established in an
account under paragraph (1) shall be the amount equal
to 13 times the individual's average weekly benefit
amount for the benefit year.
(B) Weekly benefit amount.--For purposes of this
paragraph, an individual's average weekly benefit
amount for any week is the amount of regular
compensation (including dependents' allowances) under
the State law payable to such individual for such week
for total unemployment.
SEC. 5. PAYMENTS TO STATES.
(a) In General.--There shall be paid to each State which has
entered into an agreement under this Act the following:
(1) An amount equal to 100 percent of any additional
regular compensation made payable to individuals by such State
by virtue of the modification which described in section 3(b)
and deemed to be in effect with respect to such State pursuant
to section 3(a).
(2) An amount equal to 100 percent of any emergency
extended unemployment compensation paid to individuals by such
State pursuant to such agreement.
(3) An amount equal to 100 percent of any regular
compensation, not otherwise reimbursable under this section,
paid by such State under the State law of such State--
(A) to individuals whose unemployment was a result
of Hurricane Katrina (as determined under criteria
established by the Secretary); and
(B) for any weeks of unemployment to which such
agreement applies.
(b) Determination of Amount.--Sums payable under this section to
any State by reason of such State having an agreement under this Act
shall be payable, either in advance or by way of reimbursement (as may
be determined by the Secretary), in such amounts as the Secretary
estimates the State will be entitled to receive under this Act for each
calendar month, reduced or increased (as the case may be) by any amount
by which the Secretary finds that the Secretary's estimates for any
prior calendar month were greater or less than the amounts which should
have been paid to the State. Such estimates may be made on the basis of
such statistical, sampling, or other method as may be agreed upon by
the Secretary and the State agency of the State involved.
SEC. 6. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account and the Federal unemployment account of the Unemployment Trust
Fund shall be used, in accordance with succeeding provisions of this
section, for the making of payments to States having agreements entered
into under this Act.
(b) Certification.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
payable to such State under this Act. The Secretary of the Treasury,
prior to audit or settlement by the Government Accountability Office,
shall make payments to the State in accordance with such
certification--
(1) by transfers from the extended unemployment
compensation account of the Unemployment Trust Fund, to the
extent that they relate to amounts described in paragraph (1)
or (2) of section 5(a); and
(2) by transfers from the Federal unemployment account of
the Unemployment Trust Fund, to the extent that they relate to
amounts described in section 5(a)(3).
SEC. 7. DEFINITIONS.
(a) In General.--For purposes of this Act--
(1) the terms ``Secretary'', ``State'', ``State agency'',
``State law'', ``regular compensation'', ``week'', ``benefit
year'', and ``base period'' have the respective meanings given
such terms under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970;
(2) the terms ``wages'' and ``employment'' have the
respective meanings given such terms under section 3306 of the
Internal Revenue Code of 1986;
(3) the term ``extended unemployment compensation account''
means the account established by section 905(a) of the Social
Security Act;
(4) the term ``Federal unemployment account'' means the
account established by section 904(g) of the Social Security
Act; and
(5) the term ``Unemployment Trust Fund'' means the fund
established by section 904(a) of the Social Security Act.
(b) Special Rule.--Notwithstanding any provision of subsection (a),
in the case of a State entering into an agreement under this Act--
(1) the term ``State law'' shall be considered to refer to
the State law of such State, applied in conformance with the
modification described in section 3(b), subject to section
3(c); and
(2) the term ``regular compensation'' shall be considered
to refer to such compensation, determined under its State law
(applied in the manner described in paragraph (1)),
except as otherwise provided or where the context clearly indicates
otherwise.
SEC. 8. APPLICABILITY.
An agreement entered into under this Act shall apply to weeks of
unemployment--
(1) beginning on or after the first day of the week that
includes August 28, 2005; and
(2) ending before September 1, 2006. | Emergency Unemployment Compensation Act of 2005 - Provides for increased regular unemployment compensation payments or emergency extended unemployment compensation for certain individuals who held employment or resided in an area declared a disaster as a result of Hurricane Katrina in the states of Alabama, Florida, Louisiana, and Mississippi. | To provide for unemployment benefits for victims of Hurricane Katrina. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Farmington River and Salmon
Brook Wild and Scenic River Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Lower Farmington River and Salmon Brook Study Act
of 2005 (Public Law 109-370) authorized the study of the
Farmington River downstream from the segment designated as a
recreational river by section 3(a)(156) of the Wild and Scenic
Rivers Act (16 U.S.C. 1277(a)(156)) to its confluence with the
Connecticut River, and the segment of the Salmon Brook
including its main stem and east and west branches for
potential inclusion in the National Wild and Scenic Rivers
System;
(2) the studied segments of the Lower Farmington River and
Salmon Brook support natural, cultural, and recreational
resources of exceptional significance to the citizens of
Connecticut and the Nation;
(3) concurrently with the preparation of the study, the
Lower Farmington River and Salmon Brook Wild and Scenic Study
Committee prepared the Lower Farmington River and Salmon Brook
Management Plan, June 2011, that establishes objectives,
standards, and action programs that will ensure the long-term
protection of the outstanding values of the river segments
without Federal management of affected lands not owned by the
United States;
(4) the Lower Farmington River and Salmon Brook Wild and
Scenic Study Committee has voted in favor of Wild and Scenic
River designation for the river segments, and has included this
recommendation as an integral part of the management plan;
(5) there is strong local support for the protection of the
Lower Farmington River and Salmon Brook, including votes of
support for Wild and Scenic designation from the governing
bodies of all ten communities abutting the study area;
(6) the State of Connecticut General Assembly has endorsed
the designation of the Lower Farmington River and Salmon Brook
as components of the National Wild and Scenic Rivers System
(Public Act 08-37); and
(7) the Rainbow Dam and Reservoir are located entirely
outside of the river segment designated by section 3 of this
Act, and, based on the findings of the study of the Lower
Farmington River pursuant to Public Law 109-370, operation of
this hydroelectric project (including associated transmission
lines and other project works) is compatible with the
designation made by section 3 of this Act.
SEC. 3. DESIGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following new paragraph:
``(208) Lower farmington river and salmon brook,
connecticut.--Segments of the main stem and its tributary,
Salmon Brook, totaling approximately 62 miles, to be
administered by the Secretary of the Interior as follows:
``(A) The approximately 27.2 mile segment of the
Farmington River beginning 0.2 miles below the tailrace
of the Lower Collinsville Dam and extending to the site
of the Spoonville Dam in Bloomfield and East Granby as
a recreational river.
``(B) The approximately 8.1-mile segment of the
Farmington River extending from 0.5 miles below the
Rainbow Dam to the confluence with the Connecticut
River in Windsor as a recreational river.
``(C) The approximately 2.4-mile segment of the
main stem of Salmon Brook extending from the confluence
of the East and West Branches to the confluence with
the Farmington River as a recreational river.
``(D) The approximately 12.6-mile segment of the
West Branch of Salmon Brook extending from its
headwaters in Hartland, Connecticut to its confluence
with the East Branch of Salmon Brook as a recreational
river.
``(E) The approximately 11.4-mile segment of the
East Branch of Salmon Brook extending from the
Massachusetts-Connecticut State line to the confluence
with the West Branch of Salmon Brook as a recreational
river.''.
SEC. 4. MANAGEMENT.
(a) In General.--The river segments designated by section 3 shall
be managed in accordance with the management plan and such amendments
to the management plan as the Secretary determines are consistent with
this Act. The management plan shall be deemed to satisfy the
requirements for a comprehensive management plan pursuant to section
3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(b) Committee.--The Secretary shall coordinate the management
responsibilities of the Secretary under this Act with the Lower
Farmington River and Salmon Brook Wild and Scenic Committee, as
specified in the management plan.
(c) Cooperative Agreements.--
(1) In general.--In order to provide for the long-term
protection, preservation, and enhancement of the river segment
designated by section 3 of this Act, the Secretary is
authorized to enter into cooperative agreements pursuant to
sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act
with--
(A) the State of Connecticut;
(B) the towns of Avon, Bloomfield, Burlington, East
Granby, Farmington, Granby, Hartland, Simsbury, and
Windsor in Connecticut; and
(C) appropriate local planning and environmental
organizations.
(2) Consistency.--All cooperative agreements provided for
under this Act shall be consistent with the management plan and
may include provisions for financial or other assistance from
the United States.
(d) Land Management.--
(1) Zoning ordinances.--For the purposes of the segments
designated in section 3, the zoning ordinances adopted by the
towns in Avon, Bloomfield, Burlington, East Granby, Farmington,
Granby, Hartland, Simsbury, and Windsor in Connecticut,
including provisions for conservation of floodplains, wetlands
and watercourses associated with the segments, shall be deemed
to satisfy the standards and requirements of section 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(2) Acquisition of land.--The provisions of section 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that
prohibit Federal acquisition of lands by condemnation shall
apply to the segments designated in section 3 of this Act. The
authority of the Secretary to acquire lands for the purposes of
the segments designated in section 3 of this Act shall be
limited to acquisition by donation or acquisition with the
consent of the owner of the lands, and shall be subject to the
additional criteria set forth in the management plan.
(e) Rainbow Dam.--The designation made by section 3 shall not be
construed to--
(1) prohibit the potential future licensing or relicensing
of the Rainbow Dam and Reservoir (including associated
transmission lines and other project works) by the Federal
Energy Regulatory Commission as a federally licensed
hydroelectric generation project under the Federal Power Act;
or
(2) affect the operations of a hydroelectric facility at
Rainbow Dam and Reservoir.
(f) Relation to National Park System.--Notwithstanding section
10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Lower
Farmington River shall not be administered as part of the National Park
System or be subject to regulations which govern the National Park
System.
SEC. 5. FARMINGTON RIVER, CONNECTICUT, DESIGNATION REVISION.
Section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended in the first sentence--
(1) by striking ``14-mile'' and inserting ``15.1-mile'';
and
(2) by striking ``to the downstream end of the New
Hartford-Canton, Connecticut town line'' and inserting ``to the
confluence with the Nepaug River''.
SEC. 6. DEFINITIONS.
For the purposes of this Act:
(1) Management plan.--The term ``management plan'' means
the management plan referred to in section 2(3).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Lower Farmington River and Salmon Brook Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate specified segments of the Lower Farmington River and Salmon Brook in Connecticut as components of the National Wild and Scenic Rivers System.
Requires the Secretary of the Interior to manage: (1) the river segments in accordance with the Lower Farmington River and Salmon Brook Management Plan, dated June 2011; and (2) coordinate the management responsibilities of the Secretary under this Act relating to such segments with the Lower Farmington River and Salmon Brook Wild and Scenic Committee.
Makes the provisions of the Wild and Scenic Rivers Act prohibiting federal acquisition of lands by condemnation applicable to the designated segments. Limits the authority of the Secretary to acquire lands for the purposes of such segments to acquisition by donation or with the owner's consent and subject to additional management plan criteria.
Prohibits the designation made by this Act from being construed as: (1) prohibiting the potential future licensing or re-licensing of the Rainbow Dam and Reservoir (including associated transmission lines and other project works) by the Federal Energy Regulatory Commission (FERC) as a federally licensed hydroelectric generation project, or (2) affecting the operations of a hydroelectric facility at the Dam and Reservoir.
Bars the Lower Farmington River from being administered as part of the National Park System or being subject to System regulations.
Revises the description of a specified designated segment of the Farmington River in Connecticut. | A bill to amend the Wild and Scenic Rivers Act to designate certain segments of the Farmington River and Salmon Brook in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Safety and Law Enforcement
Improvement Act''.
TITLE I--SMALL COMMUNITY LAW ENFORCEMENT IMPROVEMENT GRANTS
SEC. 101. SMALL COMMUNITY GRANT PROGRAM.
Section 1703 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by adding at the
end the following:
``(d) Retention Grants.--
``(1) In general.--The Attorney General may make grants to
units of local government and tribal governments located
outside a Standard Metropolitan Statistical Area, which grants
shall be targeted specifically for the retention for 1
additional year of police officers funded through the COPS
Universal Hiring Program, the COPS FAST Program, the Tribal
Resources Grant Program-Hiring, or the COPS in Schools Program.
``(2) Preference.--In making grants under this subsection,
the Attorney General shall give preference to grantees that
demonstrate financial hardship or severe budget constraint that
impacts the entire local budget and may result in the
termination of employment for police officers described in
paragraph (1).
``(3) Limit on grant amounts.--The total amount of a grant
made under this subsection shall not exceed 20 percent of the
original grant to the grantee.
``(4) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated to carry out this subsection $15,000,000
for each of fiscal years 2002 through 2006.
``(B) Set-aside.--Of the amount made available for
grants under this subsection for each fiscal year, 10
percent shall be awarded to tribal governments.''.
SEC. 102. SMALL COMMUNITY TECHNOLOGY GRANT PROGRAM.
Section 1701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended by striking
subsection (k) and inserting the following:
``(k) Law Enforcement Technology Program.--
``(1) In general.--Grants under subsection (a)(1)(C) may be
made and used in accordance with this subsection to assist the
police departments of units of local government and tribal
governments located outside a Standard Metropolitan Statistical
Area in employing professional, scientific, and technological
advancements that will help those police departments to--
``(A) improve police communications through the use
of wireless communications, computers, software,
videocams, databases and other hardware and software
that allow law enforcement agencies to communicate and
operate more effectively; and
``(B) develop and improve access to crime solving
technologies, including DNA analysis, photo
enhancement, voice recognition, and other forensic
capabilities.
``(2) Cost share requirement.--A recipient of a grant made
and used in accordance with this subsection shall provide
matching funds from non-Federal sources in an amount equal to
not less than 10 percent of the total amount of the grant made
under this subsection, subject to a waiver by the Attorney
General for extreme hardship.
``(3) Administration.--The office of the Department of
Justice responsible for administering subsection (a)(1)(C)
shall administer the grant program under this subsection.
``(4) No supplanting.--Federal funds provided under this
subsection shall be used to supplement and not to supplant
local funds allocated to technology.
``(5) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated $40,000,000 for each of fiscal years 2002
through 2006 to carry out this subsection.
``(B) Set-aside.--Of the amount made available for
grants under this subsection for each fiscal year, 10
percent shall be awarded to tribal governments.''.
SEC. 103. RURAL 9-1-1 SERVICE.
(a) Purpose.--The purpose of this section is to provide access to,
and improve a communications infrastructure that will ensure a reliable
and seamless communication between, law enforcement, fire, and
emergency medical service providers in units of local government and
tribal governments located outside a Standard Metropolitan Statistical
Area and in States.
(b) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall make grants, in accordance with such
regulations as the Attorney General may prescribe, to units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area for the purpose of establishing or
improving 9-1-1 service in those communities. Priority in making grants
under this section shall be given to communities that do not have 9-1-1
service.
(c) Definition.--In this section, the term ``9-1-1 service'' refers
to telephone service that has designated 9-1-1 as a universal emergency
telephone number in the community served for reporting an emergency to
appropriate authorities and requesting assistance.
(d) Limit on Grant Amount.--The total amount of a grant made under
this section shall not exceed $250,000.
(e) Funding.--
(1) In general.--There are authorized to be appropriated to
carry out this section $25,000,000 for fiscal year 2002, to
remain available until expended.
(2) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments.
TITLE II--CRACKING DOWN ON METHAMPHETAMINE
SEC. 201. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS.
Subpart I of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.) is amended by inserting after section 509 the
following:
``SEC. 510A. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Substance Abuse Treatment, shall make grants to
community-based public and nonprofit private entities for the
establishment of substance abuse (particularly methamphetamine)
prevention and treatment pilot programs in units of local government
and tribal governments located outside a Standard Metropolitan
Statistical Area.
``(b) Administration.--Grants made in accordance with this section
shall be administered by a single State agency designated by a State to
ensure a coordinated effort within that State.
``(c) Application.--To be eligible to receive a grant under
subsection (a), a public or nonprofit private entity shall prepare and
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
``(d) Use of Funds.--A recipient of a grant under this section
shall use amounts received under the grant to establish a
methamphetamine abuse prevention and treatment pilot program that
serves one or more rural areas. Such a pilot program shall--
``(1) have the ability to care for individuals on an in-
patient basis;
``(2) have a social detoxification capability, with direct
access to medical services within 50 miles;
``(3) provide neuro-cognitive skill development services to
address brain damage caused by methamphetamine use;
``(4) provide after-care services, whether as a single-
source provider or in conjunction with community-based services
designed to continue neuro-cognitive skill development to
address brain damage caused by methamphetamine use;
``(5) provide appropriate training for the staff employed
in the program; and
``(6) use scientifically-based best practices in substance
abuse treatment, particularly in methamphetamine treatment.
``(e) Amount of Grants.--The amount of a grant under this section
shall be at least $19,000 but not greater than $100,000.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$2,000,000 to carry out this section.
``(2) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments to ensure the provision of services under this
section.''.
SEC. 202. METHAMPHETAMINE PREVENTION EDUCATION.
Section 519E of the Public Health Service Act (42 U.S.C. 290bb-25e)
is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(H) to fund programs that educate rural
communities, particularly parents, teachers, and others
who work with youth, concerning the early signs and
effects of methamphetamine use, however, as a
prerequisite to receiving funding, these programs
shall--
``(i) prioritize methamphetamine prevention
and education;
``(ii) have past experience in community
coalition building and be part of an existing
coalition that includes medical and public
health officials, educators, youth-serving
community organizations, and members of law
enforcement;
``(iii) utilize professional prevention
staff to develop research and science based
prevention strategies for the community to be
served;
``(iv) demonstrate the ability to operate a
community-based methamphetamine prevention and
education program;
``(v) establish prevalence of use through a
community needs assessment;
``(vi) establish goals and objectives based
on a needs assessment; and
``(vii) demonstrate measurable outcomes on
a yearly basis.'';
(2) in subsection (e)--
(A) by striking ``subsection (a), $10,000,000'' and
inserting ``subsection (a)--
``(1) $10,000,000'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(2) $5,000,000 for each of fiscal years 2002 through 2006
to carry out the programs referred to in subsection
(c)(1)(H).''; and
(3) by adding at the end the following:
``(f) Set-Aside.--Of the amount made available for grants under
this section, 10 percent shall be used to assist tribal governments.
``(g) Amount of Grants.--The amount of a grant under this section,
with respect to each rural community involved, shall be at least
$19,000 but not greater than $100,000.''.
SEC. 203. METHAMPHETAMINE CLEANUP.
(a) In General.--The Attorney General shall, through the Department
of Justice or through grants to States or units of local government and
tribal governments located outside a Standard Metropolitan Statistical
Area, in accordance with such regulations as the Attorney General may
prescribe, provide for--
(1) the cleanup of methamphetamine laboratories and related
hazardous waste in units of local government and tribal
governments located outside a Standard Metropolitan Statistical
Area; and
(2) the improvement of contract-related response time for
cleanup of methamphetamine laboratories and related hazardous
waste in units of local government and tribal governments
located outside a Standard Metropolitan Statistical Area by
providing additional contract personnel, equipment, and
facilities.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$20,000,000 for fiscal year 2002 to carry out this section.
(2) Funding additional.--Amounts authorized by this section
are in addition to amounts otherwise authorized by law.
(3) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS.
(a) In General.--In addition to any other funds authorized to be
appropriated for fiscal year 2003 for grants under part Q of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.), known as the COPS program, there is authorized to be
appropriated $20,000,000 for such purpose to provide training to State
and local prosecutors and law enforcement agents for prosecution of
methamphetamine offenses.
(b) Rural Set-Aside.--Of amounts made available pursuant to
subsection (a), $5,000,000 shall be available only for prosecutors and
law enforcement agents for rural communities.
(c) DEA Reimbursement.--Of amounts made available pursuant to
subsection (a), $2,000,000 shall be available only to reimburse the
Drug Enforcement Administration for existing training expenses.
SEC. 205. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE
PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND
ENVIRONMENTAL CLEANUP.
Section 1701(d) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd(d)) is amended--
(1) in paragraph (10) by striking ``and'' at the end;
(2) in paragraph (11) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) hire personnel and purchase equipment for areas
located outside a Standard Metropolitan Statistical Area to
assist in the enforcement and prosecution of methamphetamine
offenses and the environmental cleanup of methamphetamine-
affected areas.''.
TITLE III--LAW ENFORCEMENT TRAINING
SEC. 301. SMALL TOWN AND RURAL TRAINING PROGRAM.
(a) In General.--There is established a Rural Policing Institute,
which shall be administered by the National Center for State and Local
Law Enforcement Training of the Federal Law Enforcement Training Center
(FLETC) as part of the Small Town and Rural Training (STAR) Program
to--
(1) assess the needs of law enforcement in units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area;
(2) develop and deliver export training programs regarding
topics such as drug enforcement, airborne counterdrug
operations, domestic violence, hate and bias crimes, computer
crimes, law enforcement critical incident planning related to
school shootings, and other topics identified in the training
needs assessment to law enforcement officers in units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area; and
(3) conduct outreach efforts to ensure that training
programs under the Rural Policing Institute reach law
enforcement officers in units of local government and tribal
governments located outside a Standard Metropolitan Statistical
Area.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$10,000,000 for fiscal year 2002, and $5,000,000 for each of
fiscal years 2003 through 2006, to carry out this section,
including contracts, staff, and equipment.
(2) Set-aside.--Of the amount made available for grants
under this section for each fiscal year, 10 percent shall be
awarded to tribal governments. | Rural Safety and Law Enforcement Improvement Act- Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize the Attorney General to make grants to rural local and tribal governments for the retention for one additional year of police officers funded through the cops on the beat (or COPS) program; (2) authorize the use of COPS grants on a matching funds basis to assist the police departments of such units in improving police communications, and in developing and improving access to crime-solving technologies; and (3) hire personnel and purchase equipment for rural areas to assist in the enforcement and prosecution of methamphetamine offenses and the environmental cleanup of methamphetamine-affected areas.Directs the Office of Justice Programs of the Department of Justice to make grants to such units to establish or improve 911 service in those communities.Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Center for Substance Abuse Treatment, to make grants to establish in rural areas substance abuse (particularly methamphetamine) prevention and treatment pilot programs and methamphetamine prevention education programs.Directs the Attorney General to provide for the cleanup of methamphetamine laboratories and related hazardous waste, and for the improvement of contract-related response time for cleanup of methamphetamine laboratories and related hazardous waste by providing additional contract personnel, equipment, and facilities, in rural areas.Establishes a Rural Policing Institute as part of the Small Town and Rural Training Program.. | To promote rural safety and improve rural law enforcement. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prosthetic Limb Access Act of
1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) over 10,000,000 people in the world are amputees, and
each year more than 250,000 people become amputees;
(2) thousands of citizens of the United States depend on
the availability of prosthetic devices in order to function
fully in contemporary society;
(3) a sizable number of amputees are unable to afford
adequate prosthetic care;
(4) used prosthetic devices could be recycled for reuse by
amputees in the United States, but, because of the potential
liability of providers of those prosthetic devices, the
prosthetic devices are shipped to Third World countries;
(5) making recycled prosthetic devices available to
economically disadvantaged amputees would enable those amputees
to live more comfortably and function fully;
(6) nonprofit organizations would be uniquely suited to
provided recycled prosthetic devices to amputees, if they could
be enabled to do so in a cost-efficient manner;
(7) in order to enable nonprofit organizations to provide
recycled prosthetic devices to amputees in a cost-efficient
manner, immediate action is needed to--
(A) limit the liability of nonprofit organizations
in serving as providers of recycled prosthetic devices;
and
(B) minimize the cost of litigation against those
providers by establishing expeditious procedures to
dispose of unwarranted actions.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Claimant.--
(A) In general.--The term ``claimant'' means any
person who brings a civil action, or on whose behalf
such action is brought, arising from harm allegedly
caused directly or indirectly by a recycled prosthetic
device.
(B) Action brought on behalf of an estate.--With
respect to an action arising from harm caused directly
or indirectly by a recycled prosthetic device brought
on behalf of or through the estate of an individual,
such term includes the decedent that is the subject of
the action.
(2) Harm.--With respect to harm caused by a recycled
prosthetic device, the term ``harm'' includes any physical
injury, illness, disease, or death or damage to property caused
by that prosthetic device.
(3) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is--
(A) described in section 501(c) of the Internal
Revenue Code of 1986; and
(B) exempt from taxation under section 501(a) of
such Code.
(4) Nonprofit provider.--The term ``nonprofit provider''
means an organization that is--
(A) described in section 501(c) of the Internal
Revenue Code of 1986 and is exempt from taxation under
section 501(a) of such Code; and
(B) established for the purpose of providing
prosthetic devices to economically disadvantaged
individuals.
(5) Practitioner.--The term ``practitioner'' means a health
care professional associated with, employed by, under contract
with, or representing a nonprofit provider who--
(A) is required to be licensed, registered or
certified under an applicable Federal or State law
(including any applicable regulation) to provide health
care services; or
(B) is certified to provide health care pursuant to
a program of education, training, and examination by an
accredited institution, professional board, or
professional organization.
(6) Prosthetic device.--The term ``prosthetic device''
means a mechanical or other apparatus used as an artificial
limb for amputees.
(7) Recycled prosthetic device.--The term ``recycled
prosthetic device'' means a previously used prosthetic device
that--
(A) has been reconditioned for use by a different
amputee;
(B) other than as provided under subparagraph (C),
has not been materially altered; and
(C) if altered, has been altered only with respect
to the socket, frame, or any additional materials used
to attach the prosthetic device to the amputee.
SEC. 4. APPLICABILITY; PREEMPTION.
(a) Applicability.--Notwithstanding any other provision of law,
this Act applies to any civil action brought by a claimant in a Federal
or State court against a nonprofit provider or practitioner for harm
allegedly caused by a recycled prosthetic device or against a nonprofit
organization that made a referral to a provider or practitioner that
involved a recycled prosthetic device that allegedly caused harm.
(b) Preemption.--
(1) In general.--This Act supersedes any State law
(including any rule of procedure) applicable to the recovery of
damages in an action brought against a nonprofit provider or
practitioner for harm caused by a recycled prosthetic device or
against a nonprofit organization described in subsection (a)
for such harm.
(2) Other issues.--Any issue that is not covered by this
Act shall be governed by applicable Federal or State law.
SEC. 5. LIMITATION OF LIABILITY OF NONPROFIT PROVIDERS, PRACTITIONERS,
AND NONPROFIT ORGANIZATIONS THAT MAKE A REFERRAL.
(a) In General.--Except as provided in paragraph (2), a nonprofit
provider or practitioner or a nonprofit organization described in
section 4(a) shall not be liable for harm to a claimant caused by a
recycled prosthetic device.
(b) Exception.--A court shall find a nonprofit provider or
practitioner or a nonprofit organization described in section 4(a)
liable for harm caused by a recycled prosthetic device only if the
claimant establishes that the nonprofit provider or practitioner or
nonprofit organization described in section 4(a) engaged in an
intentional wrongdoing (as determined under applicable State law) that
was the proximate cause of such harm.
SEC. 6. PROCEDURES FOR DISMISSAL OF CIVIL ACTIONS AGAINST NONPROFIT
PROVIDERS, PRACTITIONERS, AND NONPROFIT ORGANIZATIONS
THAT MAKE A REFERRAL.
In any action that is subject to this Act, a nonprofit provider or
practitioner or a nonprofit organization described in section 4(a) who
is a defendant in such action, may, at any time during which a motion
to dismiss may be filed under applicable Federal or State law, move to
dismiss the action. | Prosthetic Limb Access Act of 1996 - Shields certain nonprofit providers, practitioners (health care professionals associated with such provider), or nonprofit organizations from liability for harm to a claimant caused by a recycled prosthetic device, except in cases of intentional wrongdoing that was the proximate cause of the harm.
Makes this Act applicable to any civil action brought by a claimant in a Federal or State court against a nonprofit provider or practitioner for harm allegedly caused by a recycled prosthetic device or against a nonprofit organization that made a referral to a provider or practitioner that involved such a device that allegedly caused harm.
Sets forth provisions regarding: (1) preemption; and (2) procedures for dismissal of civil actions. | Prosthetic Limb Access Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Coast Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Digital Coast is a model approach for effective
Federal partnerships with State and local government,
nongovernmental organizations, and the private sector.
(2) Access to current, accurate, uniform, and standards-
based geospatial information, tools, and training to
characterize the United States coastal region is critical for
public safety and for the environment, infrastructure, and
economy of the United States.
(3) More than half of all people of the United States
(153,000,000) currently live on or near a coast and an
additional 12,000,000 are expected in the next decade.
(4) Coastal counties in the United States average 300
persons per square mile, compared with the national average of
98.
(5) On a typical day, more than 1,540 permits for
construction of single-family homes are issued in coastal
counties, combined with other commercial, retail, and
institutional construction to support this population.
(6) Over half of the economic productivity of the United
States is located within coastal regions.
(7) Highly accurate, high-resolution remote sensing and
other geospatial data play an increasingly important role in
decision making and management of the coastal zone and economy,
including for--
(A) flood and coastal storm surge prediction;
(B) hazard risk and vulnerability assessment;
(C) emergency response and recovery planning;
(D) community resilience to longer range coastal
change;
(E) local planning and permitting;
(F) habitat and ecosystem health assessments; and
(G) landscape change detection.
SEC. 3. DEFINITIONS.
In this Act:
(1) Coastal region.--The term ``coastal region'' means the
area of United States waters extending inland from the
shoreline to include coastal watersheds and seaward to the
territorial sea.
(2) Coastal state.--The term ``coastal State'' has the
meaning given the term ``coastal state'' in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(3) Federal geographic data committee.--The term ``Federal
Geographic Data Committee'' means the interagency committee
that promotes the coordinated development, use, sharing, and
dissemination of geospatial data on a national basis.
(4) Remote sensing and other geospatial.--The term ``remote
sensing and other geospatial'' means collecting, storing,
retrieving, or disseminating graphical or digital data
depicting natural or manmade physical features, phenomena, or
boundaries of the Earth and any information related thereto,
including surveys, maps, charts, satellite and airborne remote
sensing data, images, LiDAR, and services performed by
professionals such as surveyors, photogrammetrists,
hydrographers, geodesists, cartographers, and other such
services.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
SEC. 4. ESTABLISHMENT OF THE DIGITAL COAST.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program
for the provision of an enabling platform that integrates
geospatial data, decision-support tools, training, and best
practices to address coastal management issues and needs. Under
the program, the Secretary shall strive to enhance resilient
communities, ecosystem values, and coastal economic growth and
development by helping communities address their issues, needs,
and challenges through cost-effective and participatory
solutions.
(2) Designation.--The program established under paragraph
(1) shall be known as the ``Digital Coast'' (in this section
referred to as the ``program'').
(b) Program Requirements.--In carrying out the program, the
Secretary shall ensure that the program provides data integration, tool
development, training, documentation, dissemination, and archive by--
(1) making data and resulting integrated products developed
under this section readily accessible via the Digital Coast
Internet website of the National Oceanic and Atmospheric
Administration, the GeoPlatform.gov and data.gov Internet
websites, and such other information distribution technologies
as the Secretary considers appropriate;
(2) developing decision-support tools that use and display
resulting integrated data and provide training on use of such
tools;
(3) documenting such data to Federal Geographic Data
Committee standards; and
(4) archiving all raw data acquired under this Act at the
appropriate National Oceanic and Atmospheric Administration
data center or such other Federal data center as the Secretary
considers appropriate.
(c) Coordination.--The Secretary shall coordinate the activities
carried out under the program to optimize data collection, sharing and
integration, and to minimize duplication by--
(1) consulting with coastal managers and decision makers
concerning coastal issues, and sharing information and best
practices, as the Secretary considers appropriate, with--
(A) coastal States;
(B) local governments; and
(C) representatives of academia, the private
sector, and nongovernmental organizations;
(2) consulting with other Federal agencies, including
interagency committees, on relevant Federal activities,
including activities carried out under the Ocean and Coastal
Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal
Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the
Integrated Coastal and Ocean Observation System Act of 2009 (33
U.S.C. 3601 et seq.), and the Hydrographic Services Improvement
Act of 1998 (33 U.S.C. 892 et seq.);
(3) participating, pursuant to section 216 of the E-
Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501
note), in the establishment of such standards and common
protocols as the Secretary considers necessary to assure the
interoperability of remote sensing and other geospatial data
with all users of such information within--
(A) the National Oceanic and Atmospheric
Administration;
(B) other Federal agencies;
(C) State and local government; and
(D) the private sector;
(4) coordinating with, seeking assistance and cooperation
of, and providing liaison to the Federal Geographic Data
Committee pursuant to Office of Management and Budget Circular
A-16 and Executive Order 12906 of April 11, 1994 (59 Fed. Reg.
17671), as amended by Executive Order 13286 of February 28,
2003 (68 Fed. Reg. 10619); and
(5) developing and maintaining a best practices document
that sets out the best practices used by the Secretary in
carrying out the program and providing such document to the
United States Geological Survey, the Corps of Engineers, and
other relevant Federal agencies.
(d) Filling Needs and Gaps.--In carrying out the program, the
Secretary shall--
(1) maximize the use of remote sensing and other geospatial
data collection activities conducted for other purposes and
under other authorities;
(2) focus on filling data needs and gaps for coastal
management issues, including with respect to areas that, as of
the date of the enactment of this Act, were underserved by
coastal data and the areas of the Arctic that are under the
jurisdiction of the United States;
(3) pursuant to the Ocean and Coastal Mapping Integration
Act (33 U.S.C. 3501 et seq.), support continue improvement in
existing efforts to coordinate the acquisition and integration
of key data sets needed for coastal management and other
purposes, including--
(A) coastal elevation data;
(B) land use and land cover data;
(C) socioeconomic and human use data;
(D) critical infrastructure data;
(E) structures data;
(F) living resources and habitat data;
(G) cadastral data; and
(H) aerial imagery; and
(4) integrate the priority supporting data set forth under
paragraph (3) with other available data for the benefit of the
broadest measure of coastal resource management constituents
and applications.
(e) Financial Agreements and Contracts.--
(1) In general.--In carrying out the program, the
Secretary--
(A) may enter into financial agreements to carry
out the program, including--
(i) support to non-Federal entities that
participate in implementing the program; and
(ii) grants, cooperative agreements,
interagency agreements, contracts, or any other
agreement on a reimbursable or non-reimbursable
basis, with other Federal, tribal, State, and
local governmental and nongovernmental
entities; and
(B) may, to the maximum extent practicable, enter
into such contracts with private sector entities for
such products and services as the Secretary determines
may be necessary to collect, process, and provide
remote sensing and other geospatial data and products
for purposes of the program.
(2) Fees.--
(A) Assessment and collection.--The Secretary may
assess and collect fees for the conduct of any
training, workshop, or conference that advances the
purposes of the program.
(B) Amounts.--The amount of a fee under this
paragraph may not exceed the sum of costs incurred, or
expected to be incurred, by the Secretary as a direct
result of the conduct of the training, workshop, or
conference, including for subsistence expenses
incidental to the training, workshop, or conference, as
applicable.
(C) Use of fees.--Amounts collected by the
Secretary in the form of fees under this paragraph may
be used to pay for--
(i) the costs incurred for conducting an
activity described in subparagraph (A); or
(ii) the expenses described in subparagraph
(B).
(3) Survey and mapping.--Contracts entered into under
paragraph (1)(B) shall be considered ``surveying and mapping''
services as such term is used in and as such contracts are
awarded by the Secretary in accordance with the selection
procedures in chapter 11 of title 40, United States Code.
(f) Ocean Economy.--The Secretary may establish publically
available tools that track ocean and Great Lakes economy data for each
coastal State.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $4,000,000 for each fiscal year 2018
through 2022 to carry out the program.
Passed the Senate May 25, 2017.
Attest:
Secretary.
115th CONGRESS
1st Session
S. 110
_______________________________________________________________________
AN ACT
To require the Secretary of Commerce, acting through the Administrator
of the National Oceanic and Atmospheric Administration, to establish a
constituent-driven program to provide a digital information platform
capable of efficiently integrating coastal data with decision-support
tools, training, and best practices and to support collection of
priority coastal geospatial data to inform and improve local, State,
regional, and Federal capacities to manage the coastal region, and for
other purposes. | . The expanded summary of the Senate reported version is repeated here.) Digital Coast Act (Sec.4)This bill requires the National Oceanic and Atmospheric Administration (NOAA) to establish a constituent-driven Digital Coast program. (This program currently exists under NOAA to provide data, tools, and training that communities use to manage their coastal resources.) The program must: (1) provide an online resource that integrates geospatial data, decision-support tools, training, and best practices to address coastal management issues and needs, and to enhance resilient communities, ecosystem values, and coastal economic growth and development; and (2) provide for the documentation, dissemination, and archiving of the data. NOAA must focus on filling data needs and gaps for critical coastal management issues and support continued improvement in existing efforts to coordinate the acquisition and integration of key data sets needed for coastal management, and other purposes. NOAA may: (1) enter into financial agreements and collect fees to carry out the program; (2) enter into contracts with private sector entities as may be necessary to collect, process, and provide remote sensing and other geospatial data and products. Additionally, NOAA may establish publicly available tools that track ocean and Great Lakes economy data for each coastal state. | Digital Coast Act |
SECTION 1. CREDIT FOR BIOMETHANE PRODUCED FROM BIOMASS WHICH IS
EQUIVALENT TO CREDIT FOR ELECTRICITY PRODUCED FROM
BIOMASS.
(a) In General.--Subsection (e) of section 45 of the Internal
Revenue Code of 1986 (relating to electricity produced from certain
renewable resources, etc.) is amended by redesignating paragraphs (9),
(10), and (11) as paragraphs (10), (11), and (12), respectively, and by
inserting after paragraph (8) the following new paragraph:
``(9) Credit for biomethane produced from biomass which is
equivalent to credit for electricity produced from biomass.--
``(A) Determination of credit amount.--In the case
of a producer of biomethane, the credit determined
under this section (without regard to this paragraph)
for any taxable year shall be increased by 1.5 cents
for each 3412 Btus of biomethane--
``(i) produced by the taxpayer--
``(I) from biomass, and
``(II) at a biomethane facility
during the 10-year period beginning on
the date the facility was originally
placed in service, and
``(ii) sold by the taxpayer to an unrelated
person during the taxable year.
``(B) Biomass.--For purposes of this paragraph, the
term `biomass' has the meaning given to such term by
section 45K(c)(3).
``(C) Biomethane.--For purposes of this paragraph,
the term `biomethane' means gas produced from biomass
if the properties of such gas meet the requirements to
be transported in an interstate natural gas pipeline as
a natural gas substitute. Such term includes liquefied
gas which would be described in the preceding sentence
but for being in liquid form.
``(D) Application of rules.--Rules similar to the
rules of the subsection (b)(3) and paragraphs (1)
through (5) of this subsection shall apply for purposes
of determining the amount of any increase under this
paragraph.
``(E) Facilities producing electricity before
january 1, 2008.--For purposes of subparagraph
(A)(i)(II) and subsection (d)(11), in the case of a
facility which was originally placed in service before
January 1, 2008 (determined without regard to this
subparagraph), and which produced electricity from
methane--
``(i) such facility shall be treated as
originally placed in service on the first day
on which such facility first produced
biomethane if no credit was allowed under this
section for electricity so produced and sold
before such day, or
``(ii) if credit was allowed under this
section for such electricity, only the portion
of the 10-year period referred to in subsection
(a)(2)(A)(ii) which is after December 31, 2007,
may be taken into account under this
paragraph.''.
(b) Biomethane Facility.--Subsection (d) of section 45 of such Code
is amended by adding at the end the following new paragraph:
``(11) Biomethane facility.--In the case of a facility
producing biomethane, the term `biomethane facility' means any
facility placed in service after December 31, 2007, and before
January 1, 2017.''.
(c) Coordination With Credit for Producing Fuel From a
Nonconventional Source.--Paragraph (10) of section 45(e) of such Code,
as redesignated by subsection (a), is amended by adding at the end the
following new subparagraph:
``(C) Biomethane facilities.--The term `biomethane
facility' shall not include any facility the production
from which is allowed as a credit under section 45K for
the taxable year or any prior taxable year (or under
section 29, as in effect on the day before the date of
enactment of the Energy Tax Incentives Act of 2005, for
any prior taxable year).''.
(d) Conforming Amendment.--Paragraph (2) of section 45(b) of such
Code is amended by striking ``subsection (a)'' and inserting
``subsections (a) and (e)(9)(A)''.
(e) Effective Date.--The amendments made by this section shall
apply to biomethane produced and sold after December 31, 2007. | Amends the Internal Revenue Code to: (1) allow a tax credit for the production of biomethane from biomass and make such credit amount equal to the tax credit for producing electricity from biomass; and (2) include biomethane facilities as qualified facilities for purposes of the tax credit for producing electricity from renewable resources. | To amend the Internal Revenue Code of 1986 to provide a credit against income tax for biomethane produced from biomass which is equivalent to the credit allowed for electricity produced from biomass. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making College Affordable and
Accessible Act of 2016''.
SEC. 2. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS.
Part B of title VII of the Higher Education Act of 1965 (20 U.S.C.
1138 et seq.) is amended--
(1) by redesignating section 745 as section 746;
(2) in section 746, as redesignated by paragraph (1), by
striking ``fiscal year 2009'' and inserting ``fiscal year
2017''; and
(3) by inserting after section 744 the following:
``SEC. 745. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS.
``(a) Purpose.--The purpose of this section is to expand access for
high school students to the opportunities offered in credit-based
academic transition programs established through partnerships between
high schools and institutions of higher education utilizing dual or
concurrent enrollment programs or early college high school programs
that enable such students to earn college credits while in high school.
``(b) Eligible Institution.--In this section, the term `eligible
institution' means an institution of higher education that carries out
a dual or concurrent enrollment program or an early college high school
program that enables high school students to earn college credits while
in high school.
``(c) Grants Authorized.--The Secretary may award grants to
eligible institutions to carry out credit-based academic transition
programs described in subsection (a).
``(d) Application.--An eligible institution that desires to receive
a grant under this section shall submit to the Secretary an application
at such time, in such manner, and containing such information as the
Secretary may require.
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible institutions that serve
students from low-income families, students from rural communities, or
students who are the first in their family to receive postsecondary
education.
``(f) Use of Funds.--An eligible institution that receives a grant
under this section shall use the grant funds--
``(1) to carry out a dual or concurrent enrollment program
or an early college high school program for high school
students, through which such students while enrolled in high
school are enrolled in postsecondary courses at the eligible
institution, through which such students can earn college
credits that can be transferred to 2-year and 4-year
institutions of higher education in the State;
``(2) to provide teachers, principals, and other school
leaders with professional development activities that enhance
or enable the provision of postsecondary coursework through a
dual or concurrent enrollment program or an early college high
school program; and
``(3) to support activities such as--
``(A) designing the curriculum and sequence of
courses in collaboration with teachers from the local
educational agency and faculty from the eligible
institution;
``(B) establishing a course articulation process
for defining and approving courses for high school and
postsecondary credit or credentials for both 2-year and
4-year institutions of higher education in the State;
``(C) outreach programs to provide elementary
school and secondary school students, especially those
in middle grades, and their parents, teachers, school
counselors, and principals information about and
academic preparation for the credit-based academic
transition programs described in subsection (a);
``(D) helping students meet eligibility criteria
for postsecondary courses and ensuring that students
understand how credits earned will transfer to
institutions of higher education in the State; and
``(E) coordinating secondary and postsecondary
support services and academic calendars.
``(g) Flexibility of Funds.--An eligible institution that receives
a grant under this section may use grant funds for any of the costs
associated with carrying out credit-based academic transition programs
described in subsection (a), including the costs of--
``(1) tuition and fees, books, and required instructional
materials for such program so that students will not be
required to pay tuition or fees for postsecondary courses; and
``(2) transportation to and from such program.
``(h) Evaluation and Report.--Each eligible institution receiving a
grant under this section shall--
``(1) conduct an independent evaluation of the
effectiveness of the activities carried out by such eligible
institution under this section; and
``(2) prepare and submit to the Secretary a report
containing the results of the evaluation described in paragraph
(1).
``(i) Rule of Construction.--Nothing in this section shall be
construed to impose on any State or public institution of higher
education any requirement or rule regarding credit-based academic
transition programs described in subsection (a) that is inconsistent
with State law.''. | Making College Affordable and Accessible Act of 2016 This bill amends the Higher Education Act of 1965 to: (1) extend the authorization of appropriations for the Fund for the Improvement of Postsecondary Education through FY2022, and (2) authorize the Department of Education (ED) to award grants to institutions of higher education to carry out credit-based academic transition programs established through partnerships between high schools and such institutions that utilize dual or concurrent enrollment programs or early college high school programs that enable students to earn college credits while in high school. ED shall give priority in awarding grants to institutions that serve students from low-income families, students from rural communities, or students who are the first in their family to receive postsecondary education. Institutions shall use grant funds to: provide teachers, principals, and other school leaders with professional development activities that enhance or enable the provision of the appropriate coursework through such programs; and support activities including curriculum design, establishment of a course articulation process, outreach programs to provide elementary school and secondary school students information about and academic preparation for the transition programs, helping students meet eligibility criteria for the postsecondary courses, and coordinating secondary and postsecondary support services and academic calendars. Institutions may use grant funds for costs associated with carrying out such transition programs, including the costs of: (1) tuition and fees, books, and required instructional materials; and (2) transportation to and from such programs. | Making College Affordable and Accessible Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Patient Access to Drugs for
Rare Diseases Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Rare diseases and disorders are those which affect
small patient populations, defined as fewer than 200,000
individuals in the United States. Taken together, 25,000,000
Americans suffer from one of the 6,000 rare diseases and
disorders.
(2) Because prescription drug manufacturers could not make
a profit from marketing drugs for such small patient
populations, very little ``rare disease'' research was
conducted prior to 1983. Only 10 orphan drugs existed at that
time.
(3) The Orphan Drug Act, signed into law in 1983, created
financial incentives for the research, development, production
and distribution of such orphan drugs.
(4) Since 1983, more than 240 new orphan drugs have been
developed, approved, and marketed in the United States and more
than 800 additional drugs are in the research pipeline.
(5) The tremendous success of the Orphan Drug Act cannot be
taken for granted because--
(A) patient access to the more expensive orphan
drugs is a continuing problem; and
(B) there is a need to stimulate more research for
the millions of Americans and thousands of rare
diseases for which there are not yet effective
therapies.
(6) When Congress adopted the medicare hospital outpatient
prospective payment system (HOPPS) in 1999, it defined orphan
drugs based on the Federal Food, Drug and Cosmetic (FFD&C) Act
and placed such orphan drugs in a category that provided
sufficient reimbursement to assure continuing access for rare
disease patients.
(7) Despite expressions of concern from Congress, the HOPPS
regulation for 2003 does not continue this policy and, instead,
uses a definition of orphan drugs that is not supported by the
history of the Orphan Drug Act and forces most orphan drugs
into categories in which they are reimbursed at levels
significantly below hospital acquisition costs.
(8) Unless medicare provides adequate reimbursement for
orphan drugs, hospitals are much less likely to have them
available for beneficiaries with rare diseases, such as
cervical dystonia, alpha-1 antitripsin deficiency, rare
cancers, porphyria, sickle cell anemia, Tourette syndrome,
cystic fibrosis, and amyotrophic lateral sclerosis (Lou
Gehrig's disease).
(b) Purpose.--The purpose of this Act is to assure that medicare
beneficiaries with rare diseases have continued access to orphan drugs
in the hospital outpatient setting and that the FFD&C Act definition of
rare diseases is used by the medicare program.
SEC. 3. PAYMENT FOR ORPHAN DRUGS AND BIOLOGICALS UNDER THE PROSPECTIVE
PAYMENT SYSTEM FOR HOSPITAL OUTPATIENT DEPARTMENT
SERVICES.
(a) Payment for Orphan Drugs and Biologicals.--
(1) In general.--Section 1833(t)(1)(B) of the Social
Security Act (42 U.S.C. 1395l(t)(1)(B)) is amended--
(A) by striking the period at the end of clause
(iv) and inserting a semi-colon; and
(B) by inserting at the end the following new
clauses:
``(v) for periods before January 1, 2007,
does not include a drug or biological that has
been designated as an orphan drug under section
526 of the Federal Food, Drug and Cosmetic Act
or a drug or biological which is described
under the same Healthcare Procedure Coding
System product code (or product code under a
successor coding system designated in
regulations promulgated under section 1173(c)),
has the same non-proprietary name, or is the
`same drug' as that term is defined by the Food
and Drug Administration under regulations
promulgated under section 527 of the Federal,
Food, Drug and Cosmetic Act; and
``(vi) for periods before January 1, 2007,
does not include blood clotting factors for
individuals with hemophilia for which a
biologics license application under subsection
(a) of section 351 of the Public Health Service
Act has been submitted on or before December
31, 2002.''.
(2) Considerations in applying exemption rules.--
(A) In general.--In determining whether a drug or
biological is excluded from the prospective payment
system under section 1833(t) of the Social Security Act
(42 U.S.C. 1395l(t)) for hospital outpatient department
services by reason of the amendment made by paragraph
(1), the Secretary shall not take into account the fact
that a drug or biological may have uses that have not been designated
as an orphan drug under section 526 of the Federal Food, Drug and
Cosmetic Act.
(B) Exception for high volume claims.--
Notwithstanding subparagraph (A), for any drug or
biological that would otherwise be covered by the
amendment made by paragraph (1), if the number of
claims submitted by hospitals for covered OPD services
(as defined in section 1833(t)(1)(B) of such Act (42
U.S.C. 1395l(t)(1)(B)) without regard to clauses (v)
and (vi) of such section) for such drug or biological
administered exceeds 30,000 for the year from which
claims are reviewed to determine payment rates for a
given year, the exclusion under such amendments shall
apply only to the indications for which the drug has
been designated under section 526 of the Food, Drug and
Cosmetic Act or which are included on the Rare Diseases
List maintained by the Office of Rare Diseases of the
National Institutes of Health.
(C) Treatment for high volume claims.--In the case
of a drug or biological that, with respect to which the
Secretary determines that more than 30,000 claims for
the drug or biological has been submitted in a year for
covered OPD services as described in subparagraph (B),
that drug or biological shall be considered to exceed
30,000 claims for all succeeding years.
(3) Payment methodology.--In the case of a drug or
biological covered by the amendment made by paragraph (1),
payment for the drug or biological shall be made under section
1842(o)(1) of the Social Security Act (42 U.S.C. 1395u(o)(1)).
(4) Exemption from inherent reasonableness authority.--
Section 1842(b)(8)(A)(i)(I) of the Social Security Act (42
U.S.C. 1395u(b)(8)(A)(i)(I)) is amended by inserting after
``paid under section 1848'' the following: ``and other than
drugs and biologicals and blood clotting factors for
individuals with hemophilia excluded from the prospective
payment system for covered OPD services under clauses (v) or
(vi) of section 1833(t)(1)(B).''.
(b) Report.--Not later than July 1, 2006, the Secretary shall
submit to the Committees on Ways and Means and Energy and Commerce of
the House of Representatives and the Committee on Finance of the Senate
a report on payment for orphan drugs and biologicals and blood clotting
factors for individuals with hemophilia in the hospital outpatient
setting including recommendations for either continuing or
discontinuing the exclusion of such drugs and biologicals from payment
under section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)).
Such report shall include the following:
(1) Recommendations for methods to appropriately reflect
the actual costs of orphan drugs and biologicals and blood
clotting factors for individuals with hemophilia under such
section. Such methods shall be designed to ensure that the
payment rate established for each drug and biological
adequately reimburses hospitals for the costs associated with
acquiring and dispensing such product, including pharmacy
service and overhead costs.
(2) The impact of making payment for orphan drugs and
biologicals and blood clotting factors for individuals with
hemophilia under such section 1833(t) on access to such drugs
and biologicals by patients with rare diseases.
In preparing this report, the Secretary shall consult with patients,
physicians, providers of services and suppliers of orphan drugs and
biologicals and blood clotting factors for individuals with hemophilia
as well as other organizations involved in the distribution of such
drugs and biologicals to such patients, physicians, providers of
services and suppliers.
(c) Moratorium on Decreases in Payment Rates.--Notwithstanding any
other provision of law, effective for orphan drugs and biologicals and
blood clotting factors for individuals with hemophilia furnished by
hospital outpatient departments on or after January 1, 2007, the
Secretary may not directly or indirectly decrease the rates of
reimbursement in effect on December 31, 2006 for such orphan drugs and
biologicals and blood clotting factors for individuals with hemophilia
any earlier than six months after the date that the Secretary has
submitted to Congress the report required under section (b).
(d) Effective Date.--The amendments made by subsection (a) shall
apply with respect to items furnished on or after January 1, 2004. | Medicare Patient Access to Drugs for Rare Diseases Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act to revise the methodology by which payment for orphan drugs and biologicals is made under the Medicare prospective payment system for hospital outpatient department (OPD) services.
Directs the Secretary to report to specified congressional committees on payment for orphan drugs and biologicals and blood clotting factors for individuals with hemophilia in the OPD setting, including recommendations for either continuing or discontinuing the exclusion of such drugs and biologicals from payment under Medicare.
Provides for a moratorium on decreases in payment rates for orphan drugs and biologicals and blood clotting factors for certain individuals with hemophilia. | To amend title XVIII of the Social Security Act to revise the methodology by which payment for orphan drugs and biologicals is made under program prospective payment system for hospital outpatient department services under the Medicare Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Passenger Safety Act''.
SEC. 2. USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEMS BY CHILDREN.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by adding at the end the following:
``Sec. 165. Use of safety belts and child restraint systems by children
``(a) Definitions.--In this section:
``(1) Child safety restraint law.--The term `child safety
restraint law' means a State law that prohibits the driver of a
passenger motor vehicle from driving the vehicle when there is
in the vehicle a child under the age of 16 who does not have a
safety belt properly fastened around the child's body, except
in a case in which the child is under the age of 9 and is
properly secured in a child safety seat or other appropriate
restraint system in accordance with the instructions of the
manufacturer of the seat or system.
``(2) Child safety seat.--The term `child safety seat'
means a specially designed seating system (including a booster
seat) that--
``(A) meets the Federal motor vehicle safety
standards set forth in section 571.213 of title 49,
Code of Federal Regulations (or a successor
regulation); and
``(B) is permanently affixed to a passenger motor
vehicle or is affixed to a passenger motor vehicle by a
safety belt or a universal attachment system.
``(3) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways, but does not include a
vehicle operated only on a rail.
``(4) Multipurpose passenger vehicle.--The term
`multipurpose passenger vehicle' means a motor vehicle with
motive power (except a trailer), designed to carry not more
than 10 individuals, that is constructed on a truck chassis or
with special features for occasional off-road operation.
``(5) Passenger car.--The term `passenger car' means a
motor vehicle with motive power (except a multipurpose
passenger vehicle, motorcycle, or trailer) designed to carry
not more than 10 individuals.
``(6) Passenger motor vehicle.--The term `passenger motor
vehicle' means a passenger car or a multipurpose passenger
vehicle.
``(7) Safety belt.--The term `safety belt' means--
``(A) with respect to any open-body passenger motor
vehicle, including any convertible, an occupant
restraint system consisting of a lap belt or a lap belt
and a detachable shoulder belt meeting applicable
Federal motor vehicle safety standards; and
``(B) with respect to any other passenger motor
vehicle, an occupant restraint system consisting of
integrated lap and shoulder belts meeting applicable
Federal motor vehicle safety standards.
``(b) Transfer of Funds.--
``(1) Fiscal year 2005.--
``(A) In general.--On October 1, 2004, if a State
has not enacted a child safety restraint law, the
Secretary shall transfer an amount equal to 4 percent
of the funds apportioned to the State on that date
under each of paragraphs (1), (3), and (4) of section
104(b) to the apportionment of the State under section
402 to be used to implement a statewide comprehensive
child and other passenger protection education program
to promote child and other passenger safety.
``(B) Elements of program.--An education program
under subparagraph (A) shall include--
``(i) instruction concerning proper seating
positions for children in airbag-equipped motor
vehicles; and
``(ii) instruction designed to increase the
proper use of child restraint systems.
``(2) Fiscal year 2006.--On October 1, 2005, if a State has
not enacted a child safety restraint law, the Secretary shall
transfer an amount equal to 6 percent of the funds apportioned
to the State on that date under each of paragraphs (1), (3),
and (4) of section 104(b) to the apportionment of the State
under section 402 to be used as described in paragraph (1).
``(3) Fiscal year 2007.--On October 1, 2006, if a State has
not enacted a child safety restraint law, the Secretary shall
transfer an amount equal to 8 percent of the funds apportioned
to the State on that date under each of paragraphs (1), (3),
and (4) of section 104(b) to the apportionment of the State
under section 402 to be used as described in paragraph (1).
``(4) Fiscal year 2008 and thereafter.--On October 1, 2007,
and each October 1 thereafter, if a State has not enacted a
child safety restraint law, the Secretary shall transfer an
amount equal to 10 percent of the funds apportioned to the
State on that date under each of paragraphs (1), (3), and (4)
of section 104(b) to the apportionment of the State under
section 402 to be used as described in paragraph (1).
``(c) Federal Share.--The Federal share of the cost of a project
carried out with funds transferred under subsection (b) shall be 100
percent.
``(d) Derivation of Amount To Be Transferred.--An amount to be
transferred under subsection (b) may be derived from 1 or more of the
following:
``(1) The apportionment of the State under section
104(b)(1).
``(2) The apportionment of the State under section
104(b)(3).
``(3) The apportionment of the State under section
104(b)(4).
``(e) Transfer of Obligation Authority.--
``(1) In general.--If the Secretary transfers under
subsection (b) any funds to the apportionment of a State under
section 402 for a fiscal year, the Secretary shall transfer an
amount, determined under paragraph (2), of obligation authority
distributed for the fiscal year to the State for Federal-aid
highways and highway safety construction programs for carrying
out projects under section 402.
``(2) Amount.--The amount of obligation authority referred
to in paragraph (1) shall be determined by multiplying--
``(A) the amount of funds transferred under
subsection (b) to the apportionment of the State under
section 402 for the fiscal year; by
``(B) the ratio that--
``(i) the amount of obligation authority
distributed for the fiscal year to the State
for Federal-aid highways and highway safety
construction programs; bears to
``(ii) the total of the sums apportioned to
the State for Federal-aid highways and highway
safety construction programs (excluding sums
not subject to any obligation limitation) for
the fiscal year.
``(f) Limitation on Applicability of Obligation Limitation.--
Notwithstanding any other provision of law, no limitation on the total
of obligations for highway safety programs under section 402 shall
apply to funds transferred under this section to the apportionment of a
State under section 402.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
1 of title 23, United States Code, is amended by adding at the end the
following:
``165. Use of safety belts and child restraint systems by children.''. | Child Passenger Safety Act - Requires the Secretary of Transportation, if by October 1 of years beginning in 2004 a State has not enacted a child safety restraint law, to transfer specified percentages of Federal-aid highway funds from specified State apportionments to the apportionment for highway safety, to be used to implement a statewide comprehensive child and other passenger protection education program. Requires such a program to include instruction concerning proper seating positions for children in air bag equipped motor vehicles and instruction designed to increase the proper use of child restraint systems. Defines a "child safety restraint law" as one that prohibits driving a motor vehicle if a passenger under age 16 is not properly secured by a safety belt, unless the passenger is under age nine and is properly secured in a child safety seat. | A bill to amend title 23, United States Code, to promote the use of safety belts and child restraint systems by children, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low-Income Medicare Beneficiary
Assistance Act of 1999''.
SEC. 2. PRESUMPTIVE ELIGIBILITY OF CERTAIN LOW-INCOME INDIVIDUALS FOR
MEDICARE COST-SHARING UNDER THE QMB OR SLMB PROGRAM.
Title XIX of the Social Security Act is amended by inserting after
section 1920A the following new section:
``presumptive eligibility of certain low-income individuals
``Sec. 1920B. (a) A State plan approved under section 1902 shall
provide for making medical assistance with respect to medicare cost-
sharing covered under the State plan available to a low-income
individual on the date the low-income individual becomes entitled to
benefits under part A of title XVIII during a presumptive eligibility
period.
``(b) For purposes of this section:
``(1) The term `low-income individual' means an individual
who at the age of 65 years is described--
``(A) in section 1902(a)(10)(E)(i), or
``(B) in section 1902(a)(10)(E)(iii).
``(2) The term `medicare cost-sharing'--
``(A) with respect to an individual described in
paragraph (1)(A), has the meaning given such term in
section 1905(p)(3).
``(B) with respect to an individual described in
paragraph (1)(B), has the meaning given such term in
section 1905(p)(3)(A).
``(3) The term `presumptive eligibility period' means, with
respect to a low-income individual, the period that--
``(A) begins with the date on which a qualified
entity determines, on the basis of preliminary
information, that the income and resources of the
individual do not exceed the applicable income and
resource level of eligibility under the State plan, and
``(B) ends with (and includes) the earlier of--
``(i) the day on which a determination is
made with respect to the eligibility of the
low-income individual for medical assistance
for medical cost-sharing under the State plan,
or
``(ii) in the case of a low-income
individual on whose behalf an application is
not filed by the last day of the month
following the month during which the entity
makes the determination referred to in
subparagraph (A), such last day.
``(4)(A) Subject to subparagraph (B), the term `qualified
entity' means any of the following:
``(i) Qualified individuals within the Social
Security Administration.
``(ii) An entity determined by the State agency to
be capable of making determinations of the type
described in paragraph (3).
``(B) The Secretary may issue regulations further limiting
those entities that may become qualified entities in order to
prevent fraud and abuse and for other reasons.
``(c)(1) The State agency, after consultation with the Secretary,
shall provide qualified entities with--
``(A) such forms as are necessary for an application to be
made on behalf of a low-income individual for medical
assistance for medical cost-sharing under the State plan, and
``(B) information on how to assist low-income individuals
and other persons in completing and filing such forms.
``(2) A qualified entity that determines under subsection (b)(2)(A)
that a low-income individual is presumptively eligible for medical
assistance for medical cost-sharing under a State plan shall--
``(A) notify the State agency of the determination within 5
working days after the date on which the determination is made,
and
``(B) inform the low-income individual at the time the
determination is made that an application for medical
assistance for medical cost-sharing under the State plan is
required to be made by not later than the last day of the month
following the month during which the determination is made.
``(3) In the case of a low-income individual who is determined by a
qualified entity to be presumptively eligible for medical assistance
for medical cost-sharing under a State plan, the low-income individual
shall make application for medical assistance for medical cost-sharing
under such plan by not later than the last day of the month following
the month during which the determination is made.
``(d) Notwithstanding any other provision of this title, medical
assistance for medicare cost-sharing that--
``(1) is furnished to a low-income individual during a
presumptive eligibility period under the State plan; and
``(2) is included in the services covered by a State plan;
shall be treated as medical assistance provided by such plan for
purposes of section 1903.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR OUTREACH EFFORTS.
There is authorized to be appropriated to the Secretary of Health
and Human Services $12,000,000 for the purpose of conducting outreach
efforts to increase awareness of the availability of medical assistance
for medicare cost-sharing under a State plan under title XIX of the
Social Security Act to eligible low-income medicare beneficiaries
described in clauses (i) and (iii), respectively, of section
1902(a)(10)(E) of such Act (42 U.S.C. 1396a(a)(10)(E)). | Low-Income Medicare Beneficiary Assistance Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require a State plan to provide for making medical assistance with respect to Medicare (SSA title XVIII) cost-sharing covered under the State plan available to a low-income individual on the date the low-income individual becomes entitled to benefits under part A (Hospital Insurance) of title XVIII during a presumptive eligibility period. | Low-Income Medicare Beneficiary Assistance Act of 1999 |
SECTION 1.
(a) Notwithstanding any other provision of law and subject to the
provisions of subsections (e) and (g), upon the joint motion of the
United States and the State of Alaska and the issuance of an
appropriate order by the United States District Court for the District
of Alaska, the joint trust funds, or any portion thereof, including any
interest accrued thereon, previously received or to be received by the
United States and the State of Alaska pursuant to the Agreement and
Consent Decree issued in United States v. Exxon Corporation, et al.
(No. A91-082 CIV) and State of Alaska v. Exxon Corporation, et al. (No.
A91-083 CIV) (hereafter referred to as the ``Consent Decree''), may be
deposited in--
(1) the Natural Resource Damage Assessment and Restoration
Fund (hereafter referred to as the ``Fund'') established in
title I of the Department of the Interior and Related Agencies
Appropriations Act, 1992 (Public Law 102-154, 43 U.S.C. 1474b);
(2) accounts outside the United States Treasury (hereafter
referred to as ``outside accounts''); or
(3) both.
Any funds deposited in an outside account may be invested only in
income-producing obligations and other instruments or securities that
have been determined unanimously by the Federal and State natural
resource trustees for the Exxon Valdez oil spill (``trustees'') to have
a high degree of reliability and security.
(b) Joint trust funds deposited in the Fund or an outside account
that have been approved unanimously by the Trustees for expenditure by
or through a State or Federal agency shall be transferred promptly from
the Fund or the outside account to the State of Alaska or United States
upon the joint request of the governments.
(c) The transfer of joint trust funds outside the Court Registry
shall not affect the supervisory jurisdiction of the District Court
under the Consent Decree or the Memorandum of Agreement and Consent
Decree in United States v. State of Alaska (No. A91-081-CIV) over all
expenditures of the joint trust funds.
(d) Nothing herein shall affect the requirement of section 207 of
the Dire Emergency Supplemental Appropriations and Transfers for Relief
From the Effects of Natural Disasters, for Other Urgent Needs, and for
the Incremental Cost of ``Operation Desert Shield/Desert Storm'' Act of
1992 (Public Law 102-229, 42 U.S.C. 1474b note) that amounts received
by the United States and designated by the trustees for the expenditure
by or through a Federal agency must be deposited into the Fund.
(e) All remaining settlement funds are eligible for the investment
authority granted under subsection (a) of this act so long as they are
managed and allocated consistent with the Resolution of the Trustees
adopted March 1, 1999, concerning the Restoration Reserve, as follows:
(1) $55 million of the funds remaining on October 1, 2002,
and the associated earnings thereafter shall be managed and
allocated for habitat protection programs including small
parcel habitat acquisitions. Such sums shall be reduced by--
(A) the amount of any payments made after the date
of enactment of this Act from the Joint Trust Funds
pursuant to an agreement between the Trustee Council
and Koniag, Inc. which includes those lands which are
presently subject to the Koniag Non-Development
Easement, including, but not limited to, the
continuation or modification of such Easement; and
(B) payments in excess of $6.32 million for any
habitat acquisition or protection from the joint trust
funds after the date of enactment of this Act and prior
to October 1, 2002, other than payments for which the
Council is currently obligated through purchase
agreements with the Kodiak Island Borough, Afognak
Joint Venture and the Eyak Corporation.
(2) All other funds remaining on October 1, 2002, and the
associated earnings shall be used to fund a program, consisting
of--
(A) marine research, including applied fisheries
research;
(B) monitoring; and
(C) restoration, other than habitat acquisition,
which may include community and economic restoration
projects and facilities (including projects proposed by
the communities of the EVOS Region or the fishing
industry), consistent with the Consent Decree.
(f) The Federal trustees and the State trustees, to the extent
authorized by State law, are authorized to issue grants as needed to
implement this program.
(g) The authority provided in this Act shall expire on September
30, 2002, unless by September 30, 2001, the Trustees have submitted to
the Congress a report recommending a structure the Trustees believe
would be most effective and appropriate for the administration and
expenditure of remaining funds and interest received. Upon the
expiration of the authorities granted in this Act all monies in the
Fund or outside accounts shall be returned to the Court Registry or
other account permitted by law.
Passed the Senate November 19, 1999.
Attest:
GARY SISCO,
Secretary. | Makes all remaining settlement funds eligible for the investment authority granted under this Act so long as they are managed and allocated consistent with the Resolution of the Trustees adopted March 1, 1999, concerning the Restoration Reserve, as follows: (1) $55 million of the funds remaining on October 1, 2002, and the associated earnings thereafter, shall be managed and allocated for habitat protection programs, including small parcel habitat acquisitions, with such sums reduced as specified; and (2) all other funds remaining on that date and associated earnings shall be used to fund (consistent with the Consent Decree) a program consisting of marine research, monitoring, and restoration, other than habitat acquisition, and additionally for community and economic restoration projects and facilities.
Authorizes the Federal trustees and the State trustees, to the extent authorized by State law, to issue grants as needed to implement this program.
Terminates the authority provided in this Act on September 30, 2002, unless by September 30, 2001, the Trustees have submitted to Congress a report recommending a structure the Trustees believe would be most effective and appropriate for the administration and expenditure of remaining funds and interest received. Directs that, upon the expiration of the authorities granted in this Act, all monies in the Fund or outside accounts be returned to the Court Registry or other account permitted by law. | A bill to allow for the investment of joint Federal and State funds from the civil settlement of damages from the Exxon Valdez oil spill, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leave Equity for Adoptive Families
Act of 1995''.
SEC. 2. LEAVE REQUIREMENT.
(a) In General.--An employee who needs leave because of the
placement of a son or daughter with the employee for adoption or foster
care shall be entitled to any leave benefit provided by the employee's
employer to an employee who needs leave--
(1) to care for the employee's newborn biological child, or
(2) to recover from the employee's own illness, injury, or
disability.
(b) Expiration of Entitlement.--Leave because of the placement of a
son or daughter with the employee for adoption or foster care under
subsection (a) shall commence no later than 12 months after the
placement of a child with the employee for adoption or foster care.
SEC. 3. CIVIL ACTION.
(a) In General.--Subject to the limitations contained in this
section, any person may bring a civil action against an employer to
enforce the provisions of section 2 in any appropriate court of the
United States or in any State court of competent jurisdiction.
(b) Timing of Commencement of Civil Action.--No civil action may be
commenced under subsection (a) later than 1 year after the date of the
last event that constitutes the alleged violation of section 2.
(c) Venue.--An action brought under subsection (a) in a district
court of the United States may be brought in any appropriate judicial
district under section 1391 of title 28, United States Code.
(d) Relief.--In any civil action brought under subsection (a), the
court may--
(1) grant as relief against any respondent that violates
section 2--
(A) any permanent or temporary injunction,
temporary restraining order, or other equitable relief
as the court determines appropriate,
(B) damages in an amount equal to any wages,
salary, employment benefits, or other compensation
denied or lost to the employee bringing the action by
reason of the violation of section 2 or in a case in
which wages, salary, employment benefits, or other
compensation have not been denied or lost to the
employee, any actual monetary losses sustained by the
employee as a direct result of such violation,
including the cost of providing care, up to an amount
equal to 12 weeks of wages or salary for the employee,
and
(C) interest at the prevailing rate on the total
monetary damages calculated under subparagraph (B), and
(2) award to a prevailing party (other than the United
States) in the action a reasonable attorney's fee and expert
witness fee.
SEC. 4. CONSTRUCTION.
Nothing in this Act shall be construed to require an employer to
provide any leave benefit that the employer would not otherwise have
provided to an employee to care for a newborn biological child or to
recover from the employee's illness, injury, or disability.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Employee.--The term ``employee'' means any individual
employed by an employer.
(2) Employer.--The term ``employer'' means any person
engaged in commerce or in any industry or activity affecting
commerce. The terms ``commerce'' and ``industry affecting
commerce'' mean any activity, business, or industry in commerce
or in which a labor dispute would hinder or obstruct commerce
or the free flow of commerce and includes such terms as defined
in section 120 of the Labor Management Relations Act, 1947.
(3) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to employees by
an employer, including health insurance, sick leave, annual
leave, parental leave, and disability leave regardless of
whether such benefits are provided by a policy or practice of
an employer or through an ``employee welfare benefit plan'', as
defined in section 3(3) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(1)).
(4) Leave benefit.--The term ``leave benefit'' means--
(A) any sick or parental leave provided by an
employer,
(B) any right to reemployment with the employer
after the leave described in subparagraph (A); and
(C) any right to the receipt of pay or employment
benefits, or the accrual of seniority, during the leave
described in subparagraph (A).
(5) Parent.--The term ``parent'' means the biological
parent, adoptive parent, prospective adoptive parent, foster
parent, legal guardian, or stepparent, of a child.
(6) Parental leave.--The term ``parental leave'' means any
leave to enable a parent to care for a newborn biological
child.
(7) Placement.--The term ``placement'' means the
introduction of a child into a family or the process to bring
about the introduction of a child into a family.
(8) Sick leave.--The term ``sick leave'' means any leave
provided by an employer to enable an employee to recover from
an illness, injury, or disability.
(9) Son or daughter.--The term ``son or daughter'' means a
biological or adopted child, a foster child, a stepchild, a
legal ward, or a child placed for adoption. | Leave Equity for Adoptive Families Act of 1995 - Entitles any employee who needs it, because of the placement of a child with that employee for adoption or foster care, to any leave benefit provided by the employer for care of an employee's newborn biological child or for recovery from the employee's own illness, injury, or disability. Requires that such leave commence no later than 12 months after such placement.
Authorizes civil actions to enforce this Act. | Leave Equity for Adoptive Families Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Student Dropout Prevention
and Recovery Act of 2000''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Lowering the student dropout rate is one of the most
significant challenges facing educators today. Students must
stay in school in order to receive the education they need to
succeed in the new economy and contribute fully to American
society.
(2) The ability of local educational agencies to lower the
student dropout rate has been inhibited by the lack of focus at
the Federal level and the limited availability of appropriate
dropout prevention-focused curriculum, instruction,
professional development, and administrative support services.
(3) According to the National Dropout Prevention Network,
it is at the local and community level where school
improvements and change occur that will eventually have an
impact on the graduation rate of students. The focus of these
efforts should be concentrated on the most successful
strategies that research has identified as having an impact on
increasing the graduation rate. These strategies encompass--
(A) systemic renewal;
(B) community collaboration;
(C) professional development;
(D) family involvement;
(E) early childhood education;
(F) reading and writing programs;
(G) individualized instruction;
(H) instructional technologies;
(I) mentoring and tutoring;
(J) service learning;
(K) learning styles and multiple intelligences;
(L) violence prevention and conflict resolution;
(M) career education and workforce readiness;
(N) out-of-school experiences; and
(O) alternative public schooling.
(4) The National Dropout Prevention Network has found that
the strategies described in paragraph (3) have been successful
in all school levels from K-12 in rural, suburban, or urban
centers. When schools or school districts develop a program
improvement plan that encompasses most or all of these
strategies, positive outcomes will result.
(5) It is necessary to develop a number of model dropout
prevention programs to fully develop the effective strategies
listed above into comprehensive dropout prevention programs.
These model programs should be used as examples by schools
across the country that wish to implement similar programs.
Subsequently, a nationwide dropout prevention program, in order
to be effective, should be based on these model programs.
(6) Dropout prevention and recovery programs which are
proven to be successful in lowering dropout rates need to be
disseminated to school and community leaders willing to adapt
and support these innovative programs in their schools and
community.
SEC. 3. SCHOOL DROPOUT PREVENTION GRANT PROGRAMS.
Part C of title V of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7261 et seq.) is amended to read as follows:
``PART C--SCHOOL DROPOUT PREVENTION GRANT PROGRAMS
``Subpart 1--Model School Dropout Prevention Grant Program
``SEC. 5311. AUTHORIZATION.
``(a) In General.--The Director of the Office of Dropout Prevention
and Program Completion shall award grants to public elementary schools,
middle schools, and secondary schools that have established and are
carrying out school dropout prevention programs to provide those
schools with additional resources to develop such programs further,
develop methods to assist other schools to implement similar programs,
and provide for research on the effects of such programs on the student
populations of the schools involved.
``(b) Duration.--A grant under subsection (a) shall be awarded for
a period of not more than 5 years. A school that desires to continue to
receive funding for the purposes described in subsection (a) shall
apply for a grant under the national school dropout prevention grant
program under subpart 2.
``SEC. 5312. REQUIRED ACTIVITIES.
``A school that receives a grant under section 5311 shall use
amounts under the grant to establish and carry out, or further develop,
school dropout prevention programs, intervention programs, and recovery
programs, including as many of the following activities as possible:
systemic renewal, community and family participation, professional
development, early childhood education, reading and writing programs,
alternative public schooling, individualized instruction, use of
instructional technologies, mentoring and tutoring, service learning,
instruction that recognizes that students learn in different ways
(commonly referred to as `learning styles instruction'), violence
prevention and conflict resolution, career education and workforce
readiness, out-of-school experiences, and a comprehensive plan for
dropout prevention.
``SEC. 5313. APPLICATION; SELECTION OF SCHOOLS; FISCAL AGENT.
``(a) Application.--
``(1) In general.--Each school desiring a grant under
section 5311 shall submit an application, after review by the
local educational agency of the school, to the Director at such
time, in such manner, and accompanied by such information as
the Director may require.
``(2) Contents.--A school desiring a grant under section
5311 shall submit an application, through the local educational
agency of the school under paragraph (1), that contains a
description of the current dropout prevention program of the
school.
``(b) Selection of Schools.--
``(1) Limitation.--The Director may award grants to not
more than 20 schools under section 5311. Such schools shall
have demonstrated success in establishing and carrying out
activities described in section 5312.
``(2) Allocation.--Grants awarded under section 5311 shall
be allocated among schools that meet the following
requirements:
``(A) 4 elementary schools that have established
and are carrying out early childhood education
programs.
``(B) 4 secondary schools that have established and
are carrying out academic intervention programs and
mediation programs.
``(C) 4 secondary schools that have established and
are carrying out intervention programs and recovery
programs.
``(D) 4 schools (either elementary, middle, or
secondary) that are located in rural school districts
and that have demonstrated success in establishing and
carrying out 12 or more of the activities described in
section 5312.
``(E) 4 schools (either elementary, middle, or
secondary) that are located in urban school districts
and that have demonstrated success in establishing and
carrying out all of the activities described in section
5312.
``(3) Priority.--In awarding grants under section 5311, the
Director shall give priority to schools that have demonstrated
success in establishing and carrying out the highest number of
activities described in section 5312.
``(c) Fiscal Agent.--The local educational agency of the school
shall act as the fiscal agent for the school and shall accept and
administer the grant awarded to the school under section 5311, except
that all funds shall be expended at the school level.
``Subpart 2--National School Dropout Prevention Grant Program
``SEC. 5321. AUTHORIZATION.
``(a) In General.--Beginning in the third year of the Model School
Dropout Prevention Grant Program under subpart 1, the Director of the
Office of Dropout Prevention and Program Completion shall award grants
to public elementary schools, middle schools, and secondary schools to
enable the schools to implement, or further carry out, effective,
sustainable, and coordinated school dropout prevention programs.
``(b) Duration.--A grant under subsection (a) shall be awarded for
a period of not less than 2 years but not more than 5 years.
``SEC. 5322. REQUIRED ACTIVITIES.
``A school that receives a grant under section 5321 shall use
amounts under the grant to establish and carry out, or further develop,
school dropout prevention programs, intervention programs, and recovery
programs, including as many of the following activities as possible:
systemic renewal, community and family participation, professional
development, early childhood education, reading and writing programs,
alternative public schooling, individualized instruction, use of
instructional technologies, mentoring and tutoring, service learning,
instruction that recognizes that students learn in different ways
(commonly referred to as `learning styles instruction'), violence
prevention and conflict resolution, career education and workforce
readiness, out-of-school experiences, and a comprehensive plan for
dropout prevention.
``SEC. 5323. APPLICATION; SELECTION OF SCHOOLS; FISCAL AGENT.
``(a) Application.--Each school desiring a grant under section 5321
shall submit an application, after review by the local educational
agency of the school, to the Director at such time, in such manner, and
accompanied by such information as the Director may require.
``(b) Selection of Schools.--The Director shall establish clear and
specific selection criteria for awarding grants to schools under
section 5321, including the number of grants to award and the type of
schools to be awarded grants. Such criteria shall be based on school
dropout rates and other relevant factors, such as the quality of the
existing or proposed dropout prevention program, the number of students
who are dropouts, the number of students who are eligible to receive
free or reduced price lunches under the Richard B. Russell National
School Lunch Act, the number of students who are below their grade
level in basic skills, the number of students who are involved in
family court or the juvenile justice system, and the number of students
who are teen mothers.
``(c) Fiscal Agent.--The local educational agency of the school
shall act as the fiscal agent for the school and shall accept and
administer the grant awarded to the school under section 5321, except
that all funds shall be expended at the school level.
``Subpart 3--Additional Requirements for Model and National Dropout
Prevention Grant Program
``SEC. 5331. DISSEMINATION ACTIVITIES.
``Each school that receives a grant under section 5311 or 5321, or
the local educational agency of the school, shall provide information
and technical assistance, including presentations, document-sharing,
and joint staff development, to other schools within their school
district and to other schools in their State that are desiring to
receive grants under section 5311 or 5321, as the case may be.
``SEC. 5332. SCHOOL DROPOUT RATE CALCULATION.
``For purposes of calculating a school dropout rate under subparts
1 and 2, a school shall use--
``(1) the annual event school dropout rate for students
leaving a school in a single year determined in accordance with
the National Center for Education Statistics' Common Core of
Data, if available;
``(2) the standard method used by the State agency; or
``(3) in other cases, a standard method for calculating the
school dropout rate as determined by the Director.
``SEC. 5333. REPORTING AND ACCOUNTABILITY.
``(a) Reporting.--In order to receive funding under subpart 1 or 2
for a fiscal year after the first fiscal year a school receives funding
under subpart 1 or 2, as the case may be, the school shall provide, on
an annual basis, to the Director a report regarding the status of the
implementation of activities funded under subpart 1 or 2 and
certification of progress from the eligible entity whose strategies the
school is implementing.
``(b) Accountability.--On the basis of the reports submitted under
subsection (a), the Director shall evaluate the effect of the
activities assisted under subpart 1 or 2, as the case may be, on school
dropout prevention compared to a control group, to the extent
practicable.
``Subpart 4--National Clearinghouse on Effective School Dropout
Prevention
``SEC. 5341. ESTABLISHMENT OF NATIONAL CLEARINGHOUSE.
``Not later than 6 months after the date of enactment of this part,
the Director shall establish a national clearinghouse on effective
school dropout prevention, intervention programs, and reentry programs.
The clearinghouse shall be established through a competitive grant or
contract awarded to an organization with a demonstrated capacity to
provide technical assistance and disseminate information in the area of
school dropout prevention, intervention programs, and reentry programs.
The clearinghouse shall--
``(1) collect and disseminate to educators, parents, and
policymakers information on research, effective programs, best
practices, and available Federal resources with respect to
school dropout prevention, intervention programs, and reentry
programs, including dissemination by an electronically
accessible database, a worldwide Web site, and a national
journal;
``(2) provide technical assistance regarding securing
resources with respect to, and designing and implementing,
effective and comprehensive school dropout prevention,
intervention programs, and reentry programs; and
``(3) provide professional development opportunities
through workshops, seminars, and institutes for educators and
program providers responsible for planning, implementing, and
evaluating comprehensive school dropout prevention,
intervention programs, and recovery programs.
``Subpart 5--Definitions; Authorization of Appropriations
``SEC. 5351. DEFINITIONS.
``In this part:
``(1) Director.--The term `Director' means the Director of
the Office of Dropout Prevention and Program Completion
established under section 218 of the General Education
Provisions Act.
``(2) Intervention programs.--The term `intervention
programs' means programs or strategies that are designed to
improve academic or personal problems of students that
negatively affect the students' performance or ability to
remain in school and graduate from school with a diploma.
``(3) Prevention programs.--The term `prevention programs'
means programs that anticipate, forestall, or relate to
cognitive, social, or personal problems of students before such
problems impair a student's ability to perform in school.
``(4) Recovery programs.--The term `recovery programs'
means programs or strategies designed to offer another
schooling option to an individual who has dropped out of
school.
``(5) School dropout.--The term `school dropout' has the
meaning given the term in section 4(17) of the School-to-Work
Opportunities Act of 1994.
``SEC. 5352. AUTHORIZATION OF APPROPRIATIONS.
``(a) Subpart 1.--There are authorized to be appropriated to carry
out subpart 1 such sums as may be necessary for fiscal year 2001 and
for each of the 4 succeeding fiscal years.
``(b) Subpart 2.--There are authorized to be appropriated to carry
out subpart 2 such sums as may be necessary for fiscal year 2003 and
for each of the 4 succeeding fiscal years.
``(c) Subpart 4.--There are authorized to be appropriated to carry
out subpart 4 such sums as may be necessary for fiscal year 2001 and
for each of the 4 succeeding fiscal years.''.
SEC. 4. OFFICE OF DROPOUT PREVENTION AND PROGRAM COMPLETION.
(a) Establishment.--Title II of the Department of Education
Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the
end the following:
``office of dropout prevention and program completion
``Sec. 218. (a) Establishment.--There shall be in the Department of
Education an Office of Dropout Prevention and Program Completion
(hereafter in this section referred to as the `Office'), to be
administered by the Director of the Office of Dropout Prevention and
Program Completion. The Director of the Office shall report directly to
the Under Secretary of Education and shall perform such additional
functions as the Under Secretary may prescribe.
``(b) Duties.--The Director of the Office of Dropout Prevention and
Program Completion (hereafter in this section referred to as the
`Director'), through the Office, shall--
``(1) help coordinate Federal, State, and local efforts to
lower school dropout rates and increase program completion by
elementary, middle, and secondary school students;
``(2) recommend Federal policies, objectives, and
priorities to lower school dropout rates and increase program
completion;
``(3) oversee the implementation of subparts 1 and 2 of
part C of title V of the Elementary and Secondary Education Act
of 1965;
``(4) annually prepare and submit to Congress and the
Secretary a national report describing efforts and recommended
actions regarding school dropout prevention and program
completion;
``(5) recommend action to the Secretary and the President,
as appropriate, regarding school dropout prevention and program
completion; and
``(6) consult with and assist State and local governments
regarding school dropout prevention and program completion.
``(c) Scope of Duties.--The scope of the Director's duties under
subsection (b) shall include examination of all Federal and non-Federal
efforts related to--
``(1) promoting program completion for children attending
elementary, middle, or secondary school;
``(2) programs to obtain a secondary school diploma or its
recognized equivalent (including general equivalency diploma
(GED) programs); and
``(3) reentry programs for individuals aged 12 to 24 who
are out of school.
``(d) Detailing.--In carrying out the Director's duties under this
section, the Director may request the head of any Federal department or
agency to detail personnel who are engaged in school dropout prevention
activities to another Federal department or agency in order to
implement the National School Dropout Prevention Strategy.''.
(b) Conforming Amendment.--The table of contents of the Department
of Education Organization Act (20 U.S.C. 3401 note) is amended by
inserting after the item relating to section 217 the following new
item:
``Sec. 218. Office of Dropout Prevention and Program Completion.''. | Requires the Director of the Office of Dropout Prevention and Program Completion (established by this Act in the Department of Education) to carry out provisions for: (1) a model school dropout prevention grant program; (2) a national school dropout prevention grant program; and (3) a national clearinghouse on effective school dropout prevention, intervention programs, and reentry programs.
Authorizes appropriations for such part C programs.
Amends the Department of Education Organization Act to establish an Office of Dropout Prevention and Program Completion, to be administered by a Director who shall report directly to the Under Secretary of Education. Sets forth the Director's duties and their scope. | National Student Dropout Prevention and Recovery Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hereditary Hemorrhagic
Telangiectasia Diagnosis and Treatment Act of 2015''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Hereditary hemorrhagic telangiectasia (HHT) is a
largely undiagnosed or misdiagnosed vascular genetic bleeding
disorder resulting in artery-vein malformations (AVMs) which
lead to preventable catastrophic and disabling consequences.
HHT can cause sudden death at any age, unless detected and
treated. Early detection, screening, and use of readily
available treatment can prevent premature deaths and long-term
health complications resulting from HHT. A person with HHT has
the tendency to form blood vessels that lack the capillaries
between an artery and vein. HHT often results in spontaneous
hemorrhage or stroke from brain or lung AVMs. In addition to
hemorrhagic stroke, embolic stroke and brain abscess occur in
approximately 30 percent of persons with HHT artery-vein
malformations in the lung (due to lack of capillaries between
the arterial and venous systems which normally filter out clots
and bacteria).
(2) One in 5,000 American children and adults suffer from
HHT.
(3) Studies have found an increase in morbidity and
mortality rates for individuals who suffer from HHT.
(4) Due to the widespread lack of knowledge, accurate
diagnosis, and appropriate intervention, 90 percent of HHT-
affected families are at risk for preventable, life-
threatening, and disabling medical incidents such as stroke.
(5) Early detection, screening, and treatment can prevent
premature deaths, spontaneous hemorrhage, hemorrhagic stroke,
embolic stroke, brain abscess, and other long-term health care
complications resulting from HHT.
(6) HHT is an important health condition with serious
health consequences which are amenable to early identification
and diagnosis with suitable tests, and acceptable and available
treatments in established treatment centers.
(7) Timely identification and management of HHT cases is an
important public health objective because it will save lives,
prevent disability, and reduce direct and indirect health care
costs. A recent study found that use of a genetic testing model
for HHT diagnosis saves $9.9 million in that screening can be
limited to those persons within the family groups who actually
have the gene defect, leading to early intervention in those
found to have treatable AVMs.
(8) Without a new program for early detection, screening,
and treatment, 14,000 children and adults who suffer from HHT
in the population today will suffer premature death and
disability.
SEC. 3. PURPOSE.
The purpose of this Act is to create a federally led and financed
initiative for early diagnosis and appropriate treatment of hereditary
hemorrhagic telangiectasia that will--
(1) reduce the suffering of families;
(2) prevent premature death and disability; and
(3) lower health care costs through proven treatment
interventions.
SEC. 4. CENTERS FOR DISEASE CONTROL AND PREVENTION.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317T the following:
``SEC. 317U. HEREDITARY HEMORRHAGIC TELANGIECTASIA.
``(a) In General.--With respect to hereditary hemorrhagic
telangiectasia (in this section referred to as `HHT'), the Director of
the Centers for Disease Control and Prevention (in this section
referred to as the `Director') shall carry out the following
activities:
``(1) The conduct of surveillance of the prevalence and
incidence of HHT as described in subsection (c).
``(2) The identification and conduct of investigations to
further develop and support guidelines for diagnosis of, and
intervention for, HHT, including cost-benefit studies.
``(3) The development of a standardized survey and
screening tool on family history.
``(4) The establishment, in collaboration with a voluntary
health organization representing HHT families, of an HHT
resource center within the Centers for Disease Control and
Prevention to provide comprehensive education on, and
disseminate information about, HHT to health professionals,
patients, industry, and the public.
``(5) The conduct or support of public awareness programs
in collaboration with medical, genetic, and professional
organizations to improve the education of health professionals
about HHT.
``(b) Collaborative Approaches.--The Director shall carry out this
section through collaborative approaches within the National Center on
Birth Defects and Developmental Disabilities and the Division for Heart
Disease and Stroke Prevention of the Centers for Disease Control and
Prevention for clotting and bleeding disorders.
``(c) Related Activities.--In carrying out subsection (a), the
Director shall--
``(1) designate and provide funding for a sufficient number
of HHT Treatment Centers of Excellence--
``(A) to collect data on the prevalence of, and
stroke incidence associated with, HHT; and
``(B) to improve patient access to information,
diagnosis, early intervention, and treatment of HHT;
``(2) provide data collected under paragraph (1) to the
Paul Coverdell National Acute Stroke Registry to facilitate--
``(A) analyses of the natural history of
hemorrhagic and embolic stroke in HHT; and
``(B) development of screening and artery-vein
malformation treatment guidelines specific to
prevention of complications from HHT; and
``(3) develop and implement programs, targeted for
physicians and health care professional groups likely to be
accessed by families with HHT, to increase HHT diagnosis and
treatment rates through the--
``(A) establishment of a partnership with HHT
Treatment Centers of Excellence designated under
paragraph (1) through the creation of a database of
patients assessed at such HHT Treatment Centers of
Excellence (including with respect to phenotype
information, genotype information, transfusion
dependence, and radiological findings); and
``(B) inclusion of other medical providers who
treat HHT patients.
``(d) Eligibility for Designation as an HHT Treatment Center of
Excellence.--In carrying out subsection (c)(1), the Director may
designate, as an HHT Treatment Center of Excellence, only academic
health centers demonstrated to have each of the following:
``(1) A team of medical experts capable of providing
comprehensive evaluation, treatment, and education to
individuals with known or suspected HHT and their health care
providers.
``(2) Administrative staff with sufficient knowledge to
respond to patient inquiries and coordinate patient care in a
timely fashion.''.
SEC. 5. ADDITIONAL HEALTH AND HUMAN SERVICES ACTIVITIES.
With respect to hereditary hemorrhagic telangiectasia (in this
section referred to as ``HHT''), the Secretary of Health and Human
Services, acting through the Administrator of the Centers for Medicare
& Medicaid Services, shall award grants on a competitive basis--
(1) for an analysis by grantees of the Medicare Provider
Analysis and Review (MEDPAR) file to develop preliminary
estimates from the Medicare program under title XVIII of the
Social Security Act for preventable costs of annual health care
expenditures including items, services, and treatments
associated with untreated HHT furnished to individuals with
HHT, as well as socioeconomic costs such as disability
expenditures associated with preventable medical events in this
population, who are entitled to benefits under part A of title
XVIII of the Social Security Act or enrolled under part B of
such title; and
(2) to make recommendations regarding an enhanced data
collection protocol to permit a more precise determination of
the total costs described in paragraph (1).
SEC. 6. NATIONAL INSTITUTES OF HEALTH.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409K. HEREDITARY HEMORRHAGIC TELANGIECTASIA.
``(a) HHT Initiative.--
``(1) Establishment.--The Secretary shall establish and
implement an HHT initiative to assist in coordinating
activities to improve early detection, screening, and treatment
of people who suffer from HHT. Such initiative shall focus on--
``(A) advancing research on the causes, diagnosis,
and treatment of HHT, including through the conduct or
support of such research; and
``(B) increasing physician and public awareness of
HHT.
``(2) Consultation.--In carrying out this subsection, the
Secretary shall consult with the Director of the National
Institutes of Health and the Director of the Centers for
Disease Control and Prevention.
``(b) HHT Coordinating Committee.--
``(1) Establishment.--Not later than 60 days after the date
of enactment of this section, the Secretary, in consultation
with the Director of the National Institutes of Health, shall
establish a committee to be known as the HHT Coordinating
Committee.
``(2) Membership.--
``(A) In general.--The members of the Committee
shall be appointed by the Secretary, in consultation
with the Director of the National Institutes of Health,
and shall consist of 12 individuals who are experts in
HHT or arteriovenous malformation (AVM) as follows:
``(i) Four representatives of HHT Treatment
Centers of Excellence designated under section
317U(c)(1).
``(ii) Four experts in vascular, molecular,
or basic science.
``(iii) Four representatives of the
National Institutes of Health.
``(B) Chair.--The Secretary shall designate the
Chair of the Committee from among its members.
``(C) Interim members.--In place of the 4 members
otherwise required to be appointed under subparagraph
(A)(i), the Secretary may appoint 4 experts in
vascular, molecular, or basic science to serve as
members of the Committee during the period preceding
designation and establishment of HHT Treatment Centers
of Excellence under section 317U.
``(D) Publication of names.--Not later than 30 days
after the establishment of the Committee, the Secretary
shall publish the names of the Chair and members of the
Committee on the public Web site of the Department of
Health and Human Services.
``(E) Terms.--The members of the Committee shall
each be appointed for a 3-year term and, at the end of
each such term, may be reappointed.
``(F) Vacancies.--A vacancy on the Committee shall
be filled by the Secretary in the same manner in which
the original appointment was made.
``(3) Responsibilities.--The Committee shall develop and
coordinate implementation of a plan to advance research and
understanding of HHT by--
``(A) conducting or supporting basic,
translational, and clinical research on HHT across the
relevant national research institutes, national
centers, and offices of the National Institutes of
Health, including the National Heart, Lung, and Blood
Institute; the National Institute of Neurological
Disorders and Stroke; the National Institutes of
Diabetes and Digestive and Kidney Diseases; the Eunice
Kennedy Shriver National Institute of Child Health and
Human Development; the National Cancer Institute; the
National Human Genome Research Institute; the National
Center for Advancing Translational Sciences (including
the Office of Rare Diseases Research); and the National
Institute of Biomedical Imaging and Bioengineering; and
``(B) conducting evaluations and making
recommendations to the Secretary, the Director of the
National Institutes of Health, and the Director of the
National Cancer Institute regarding the prioritization
and award of National Institutes of Health research
grants relating to HHT, including with respect to
grants for--
``(i) expanding understanding of HHT
through basic, translational, and clinical
research on the cause, diagnosis, prevention,
control, and treatment of HHT;
``(ii) training programs on HHT for
scientists and health professionals; and
``(iii) HHT genetic testing research to
improve the accuracy of genetic testing.
``(c) Definitions.--In this section:
``(1) The term `Committee' means the HHT Coordinating
Committee established under subsection (b).
``(2) The term `HHT' means hereditary hemorrhagic
telangiectasia.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out section 317U of the Public Health
Service Act as added by section 4 of this Act, section 5 of this Act,
and section 409K of the Public Health Service Act as added by section 6
of this Act, there is authorized to be appropriated $5,000,000 for each
of fiscal years 2016 through 2020.
(b) Resource Center.--Of the amount authorized to be appropriated
under subsection (a) for each of fiscal years 2016 through 2020,
$1,000,000 shall be for carrying out section 317U(a)(4) of the Public
Health Service Act (providing for an HHT resource center), as added by
section 4 of this Act.
(c) Offset.--There is authorized to be appropriated to the
Department of Health and Human Services for salaries and expenses of
the Department for each of fiscal years 2016 through 2020 the amount
that is $5,000,000 less than the amount appropriated for such salaries
and expenses for fiscal year 2015. | Hereditary Hemorrhagic Telangiectasia Diagnosis and Treatment Act of 2015 Amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to establish and implement a hereditary hemorrhagic telangiectasia (HHT, a genetic vascular bleeding disorder that causes abnormalities of the blood vessels) initiative to improve early detection, screening, and treatment of people who suffer from HHT, focusing on advancing HHT research and increasing physician and public awareness of HHT. Directs HHS to establish the HHT Coordinating Committee to develop and coordinate implementation of a plan to advance research and understanding of HHT, including by conducting or supporting research at the National Institutes of Health (NIH) and making recommendations regarding NIH research grants relating to HHT. Requires the Centers for Disease Control and Prevention to carry out activities with respect to HHT, including conducting surveillance and establishing an HHT resource center to provide comprehensive education on and disseminate information about HHT to health professionals, patients, industry, and the public. Requires the Centers for Medicare & Medicaid Services to award grants for HHT research, including an analysis of health care expenditures associated with untreated HHT and costs associated with preventable medical events among Medicare beneficiaries with HHT. | Hereditary Hemorrhagic Telangiectasia Diagnosis and Treatment Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USA PATRIOT Act Additional
Reauthorizing Amendments Act of 2006''.
SEC. 2. DEFINITION.
As used in this Act, the term ``applicable Act'' means the Act
entitled ``An Act to extend and modify authorities needed to combat
terrorism, and for other purposes.'' (109th Congress, 2d Session).
SEC. 3. JUDICIAL REVIEW OF FISA ORDERS.
Subsection (f) of section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861), as amended by the applicable
Act, is amended to read as follows:
``(f)(1) In this subsection--
``(A) the term `production order' means an order to produce any
tangible thing under this section; and
``(B) the term `nondisclosure order' means an order imposed
under subsection (d).
``(2)(A)(i) A person receiving a production order may challenge the
legality of that order by filing a petition with the pool established
by section 103(e)(1). Not less than 1 year after the date of the
issuance of the production order, the recipient of a production order
may challenge the nondisclosure order imposed in connection with such
production order by filing a petition to modify or set aside such
nondisclosure order, consistent with the requirements of subparagraph
(C), with the pool established by section 103(e)(1).
``(ii) The presiding judge shall immediately assign a petition
under clause (i) to 1 of the judges serving in the pool established by
section 103(e)(1). Not later than 72 hours after the assignment of such
petition, the assigned judge shall conduct an initial review of the
petition. If the assigned judge determines that the petition is
frivolous, the assigned judge shall immediately deny the petition and
affirm the production order or nondisclosure order. If the assigned
judge determines the petition is not frivolous, the assigned judge
shall promptly consider the petition in accordance with the procedures
established under section 103(e)(2).
``(iii) The assigned judge shall promptly provide a written
statement for the record of the reasons for any determination under
this subsection. Upon the request of the Government, any order setting
aside a nondisclosure order shall be stayed pending review pursuant to
paragraph (3).
``(B) A judge considering a petition to modify or set aside a
production order may grant such petition only if the judge finds that
such order does not meet the requirements of this section or is
otherwise unlawful. If the judge does not modify or set aside the
production order, the judge shall immediately affirm such order, and
order the recipient to comply therewith.
``(C)(i) A judge considering a petition to modify or set aside a
nondisclosure order may grant such petition only if the judge finds
that there is no reason to believe that disclosure may endanger the
national security of the United States, interfere with a criminal,
counterterrorism, or counterintelligence investigation, interfere with
diplomatic relations, or endanger the life or physical safety of any
person.
``(ii) If, upon filing of such a petition, the Attorney General,
Deputy Attorney General, an Assistant Attorney General, or the Director
of the Federal Bureau of Investigation certifies that disclosure may
endanger the national security of the United States or interfere with
diplomatic relations, such certification shall be treated as
conclusive, unless the judge finds that the certification was made in
bad faith.
``(iii) If the judge denies a petition to modify or set aside a
nondisclosure order, the recipient of such order shall be precluded for
a period of 1 year from filing another such petition with respect to
such nondisclosure order.
``(D) Any production or nondisclosure order not explicitly modified
or set aside consistent with this subsection shall remain in full
effect.
``(3) A petition for review of a decision under paragraph (2) to
affirm, modify, or set aside an order by the Government or any person
receiving such order shall be made to the court of review established
under section 103(b), which shall have jurisdiction to consider such
petitions. The court of review shall provide for the record a written
statement of the reasons for its decision and, on petition by the
Government or any person receiving such order for writ of certiorari,
the record shall be transmitted under seal to the Supreme Court of the
United States, which shall have jurisdiction to review such decision.
``(4) Judicial proceedings under this subsection shall be concluded
as expeditiously as possible. The record of proceedings, including
petitions filed, orders granted, and statements of reasons for
decision, shall be maintained under security measures established by
the Chief Justice of the United States, in consultation with the
Attorney General and the Director of National Intelligence.
``(5) All petitions under this subsection shall be filed under
seal. In any proceedings under this subsection, the court shall, upon
request of the Government, review ex parte and in camera any Government
submission, or portions thereof, which may include classified
information.''.
SEC. 4. DISCLOSURES.
(a) FISA.--Subparagraph (C) of section 501(d)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)(2)), as
amended by the applicable Act, is amended to read as follows:
``(C) At the request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person making or
intending to make a disclosure under subparagraph (A) or (C) of
paragraph (1) shall identify to the Director or such designee the
person to whom such disclosure will be made or to whom such disclosure
was made prior to the request.''.
(b) Title 18.--Paragraph (4) of section 2709(c) of title 18, United
States Code, as amended by the applicable Act, is amended to read as
follows:
``(4) At the request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person making or
intending to make a disclosure under this section shall identify to
the Director or such designee the person to whom such disclosure
will be made or to whom such disclosure was made prior to the
request, except that nothing in this section shall require a person
to inform the Director or such designee of the identity of an
attorney to whom disclosure was made or will be made to obtain
legal advice or legal assistance with respect to the request under
subsection (a).''.
(c) Fair Credit Reporting Act.--
(1) In general.--Paragraph (4) of section 626(d) of the Fair
Credit Reporting Act (15 U.S.C. 1681u(d)), as amended by the
applicable Act, is amended to read as follows:
``(4) At the request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person making or
intending to make a disclosure under this section shall identify to
the Director or such designee the person to whom such disclosure
will be made or to whom such disclosure was made prior to the
request, except that nothing in this section shall require a person
to inform the Director or such designee of the identity of an
attorney to whom disclosure was made or will be made to obtain
legal advice or legal assistance with respect to the request for
the identity of financial institutions or a consumer report
respecting any consumer under this section.''.
(2) Other agencies.--Paragraph (4) of section 627(c) of the
Fair Credit Reporting Act (15 U.S.C. 1681v(c)), as amended by the
applicable Act, is amended to read as follows:
``(4) At the request of the authorized government agency, any
person making or intending to make a disclosure under this section
shall identify to the requesting official of the authorized
government agency the person to whom such disclosure will be made
or to whom such disclosure was made prior to the request, except
that nothing in this section shall require a person to inform the
requesting official of the identity of an attorney to whom
disclosure was made or will be made to obtain legal advice or legal
assistance with respect to the request for information under
subsection (a).''.
(d) Right to Financial Privacy Act.--
(1) In general.--Subparagraph (D) of section 1114(a)(3) of the
Right to Financial Privacy Act (12 U.S.C. 3414(a)(3)), as amended
by the applicable Act, is amended to read as follows:
``(D) At the request of the authorized Government authority or
the Secret Service, any person making or intending to make a
disclosure under this section shall identify to the requesting
official of the authorized Government authority or the Secret
Service the person to whom such disclosure will be made or to whom
such disclosure was made prior to the request, except that nothing
in this section shall require a person to inform the requesting
official of the authorized Government authority or the Secret
Service of the identity of an attorney to whom disclosure was made
or will be made to obtain legal advice or legal assistance with
respect to the request for financial records under this
subsection.''.
(2) Federal bureau of investigation.--Clause (iv) of section
1114(a)(5)(D) of the Right to Financial Privacy Act (12 U.S.C.
3414(a)(5)(D)), as amended by the applicable Act, is amended to
read as follows:
``(iv) At the request of the Director of the Federal
Bureau of Investigation or the designee of the Director,
any person making or intending to make a disclosure under
this section shall identify to the Director or such
designee the person to whom such disclosure will be made or
to whom such disclosure was made prior to the request,
except that nothing in this section shall require a person
to inform the Director or such designee of the identity of
an attorney to whom disclosure was made or will be made to
obtain legal advice or legal assistance with respect to the
request for financial records under subparagraph (A).''.
(e) National Security Act of 1947.--Paragraph (4) of section 802(b)
of the National Security Act of 1947 (50 U.S.C. 436(b)), as amended by
the applicable Act, is amended to read as follows:
``(4) At the request of the authorized investigative agency,
any person making or intending to make a disclosure under this
section shall identify to the requesting official of the authorized
investigative agency the person to whom such disclosure will be
made or to whom such disclosure was made prior to the request,
except that nothing in this section shall require a person to
inform the requesting official of the identity of an attorney to
whom disclosure was made or will be made to obtain legal advice or
legal assistance with respect to the request under subsection
(a).''.
SEC. 5. PRIVACY PROTECTIONS FOR LIBRARY PATRONS.
Section 2709 of title 18, United States Code, as amended by the
applicable Act, is amended by adding at the end the following:
``(f) Libraries.--A library (as that term is defined in section
213(1) of the Library Services and Technology Act (20 U.S.C. 9122(1)),
the services of which include access to the Internet, books, journals,
magazines, newspapers, or other similar forms of communication in print
or digitally by patrons for their use, review, examination, or
circulation, is not a wire or electronic communication service provider
for purposes of this section, unless the library is providing the
services defined in section 2510(15) (`electronic communication
service') of this title.''.
This Act shall become effective immediately upon enactment.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to allow a person receiving a production order (an order from the Director of the Federal Bureau of Investigation (FBI) or his designee (Director) to produce any tangible thing, such as a book, document, or record) to challenge its legality by filing a petition with a pool of three district court judges established by the Chief Justice of the United States for such purpose. Permits the filing of a petition, no sooner than one year after issuance of the production order, challenging any accompanying nondisclosure order (an order prohibiting the person receiving the production order from disclosing that the FBI sought information).
Requires the presiding judge of the pool to immediately assign a judge to conduct an initial review of a petition. Requires such judge, within 72 hours of the assignment, to make an initial petition review. Requires the judge to immediately deny such petition if it is frivolous and affirm the production or nondisclosure order.
Permits any order setting aside a nondisclosure order to be stayed pending review upon request of the government. Permits setting aside a nondisclosure order if there is no reason to believe that national security would be endangered. Establishes as conclusive a certification by the Director or the Attorney General that the setting aside of a nondisclosure order may endanger national security or interfere with diplomatic relations, unless the certification was found to be made in bad faith.
Requires upholding a production order unless it is found to be unlawful. Requires immediate compliance with the production order if the judge does not set aside such order.
Grants the Supreme Court, upon writ of certiorari, jurisdiction to review a decision. Requires any judicial review to be as expeditious as possible and all petitions to be filed under seal. Requires any court proceedings, upon request from the government, to be ex parte and in camera.
Amends federal criminal law, the Fair Credit Reporting Act, the Right to Financial Privacy Act, and the National Security Act of 1947 to require a person making a disclosure to identify to the Director or requesting official the person to whom such disclosure will be made or was made prior to the request, but permits withholding the identity of an attorney to whom a disclosure was or will be made to obtain legal advice or assistance with respect to the request.
Considers a library not to be a wire or electronic service communication provider for purposes of granting national security letters, unless the library provides "electronic communication service."
Makes this Act effective immediately upon enactment. | A bill to clarify that individuals who receive FISA orders can challenge nondisclosure requirements, that individuals who receive national security letters are not required to disclose the name of their attorney, that libraries are not wire or electronic communication service providers unless they provide specific services, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security and Law
Enforcement Improvements Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Department'' means the Department of
Homeland Security; and
(2) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 3. OFFICE FOR STATE AND LOCAL LAW ENFORCEMENT.
Section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is
amended by striking subsection (b) and inserting the following:
``(b) Office for State and Local Law Enforcement.--
``(1) Establishment.--There is established in the Office of
the Secretary an Office for State and Local Law Enforcement,
which shall be headed by an Assistant Secretary for State and
Local Law Enforcement.
``(2) Qualifications.--The Assistant Secretary for State
and Local Law Enforcement shall have an appropriate background
with experience in law enforcement, intelligence, and other
antiterrorist functions.
``(3) Assignment of personnel.--The Secretary may assign to
the Office for State and Local Law Enforcement permanent staff
and other appropriate personnel detailed from other components
of the Department to carry out the responsibilities under this
subsection.
``(4) Responsibilities.--The Assistant Secretary for State
and Local Law Enforcement shall--
``(A) lead the coordination of Department-wide
policies relating to the role of State and local law
enforcement in preventing, preparing for, protecting
against, and responding to natural disasters, acts of
terrorism, and other man-made disasters within the
United States;
``(B) serve as a liaison between State, local, and
tribal law enforcement agencies and the Department;
``(C) work with the Office of Intelligence and
Analysis to ensure the intelligence and information
sharing requirements of State, local, and tribal law
enforcement agencies are being addressed;
``(D) work with the Administrator to ensure that
homeland security grants to State, local, and tribal
government agencies, including grants under sections
2003 and 2004 and subsection (a) of this section, the
Commercial Equipment Direct Assistance Program, and
grants to support fusion centers and other law
enforcement-oriented programs, are adequately focused
on terrorism prevention activities;
``(E) coordinate, in cooperation with the Federal
Emergency Management Agency and the Office of
Intelligence and Analysis, information sharing and
fusion center training, technical assistance, and other
information sharing activities to ensure needs of
State, local, and tribal law enforcement agencies and
fusion centers are being met, including the development
of a Law Enforcement Information Sharing Resource
Center under paragraph (6);
``(F) carry out, in coordination with the
Administrator, the National Law Enforcement Deployment
Team Program established under paragraph (5); and
``(G) coordinate with the Federal Emergency
Management Agency, the Department of Justice, the
National Institute of Justice, law enforcement
organizations, and other appropriate entities to
support the development, promulgation, and updating, as
necessary, of national voluntary consensus standards
for training and personal protective equipment to be
used in a tactical environment by law enforcement
officers.
``(5) National law enforcement deployment team program.--
``(A) Establishment.--The Assistant Secretary for
State and Local Law Enforcement shall establish a
National Law Enforcement Deployment Team Program to
develop and implement a series of Law Enforcement
Deployment Teams comprised of State and local law
enforcement personnel capable of providing immediate
support in response to the threat or occurrence of a
natural or man-made incident.
``(B) Activities.--In carrying out the National Law
Enforcement Deployment Team Program, the Assistant
Secretary for State and Local Law Enforcement shall--
``(i) consult with State and local law
enforcement and public safety agencies and
other relevant stakeholders as to the
capabilities required by a Law Enforcement
Deployment Team;
``(ii) develop and implement a model Law
Enforcement Deployment Team located in a region
of the Federal Emergency Management Agency
selected by the Assistant Secretary;
``(iii) exercise and train the Law
Enforcement Deployment Teams;
``(iv) create model policies and
procedures, templates, and general policies and
procedures and document best practices that can
be applied to the development of Law
Enforcement Deployment Teams in each region of
the Federal Emergency Management Agency;
``(v) develop an implementation strategy to
support the development, overall management,
equipment, infrastructure, and training needs
of a National Law Enforcement Deployment Team
Program, including the development of a
technical assistance and training program; and
``(vi) not later than 6 months after the
date of enactment of the Homeland Security and
Law Enforcement Improvements Act of 2008, and
before implementation of the National Law
Enforcement Deployment Team Program in any
region of the Federal Emergency Management
Agency other than the region selected under
clause (ii), submit to the Committee on
Homeland Security and Government Affairs and
the Committee on the Judiciary of the Senate
and the Committee on Homeland Security and the
Committee on the Judiciary of the House of
Representatives a report on the National Law
Enforcement Deployment Team Program, which
shall include the implementation strategy
described in clause (v).
``(C) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph--
``(i) $5,000,000 for each of fiscal years
2009 and 2010; and
``(ii) such sums as are necessary for each
of fiscal years 2011 through 2015.
``(6) Law enforcement information sharing resource
center.--
``(A) Establishment.--There is established within
the Office for State and Local Law Enforcement, the Law
Enforcement Information Sharing Resource Center to
provide technical assistance relating to information
sharing and intelligence with and between State, local,
and tribal law enforcement agencies and Federal
agencies.
``(B) Activities.--In carrying out the Law
Enforcement Information Sharing Resource Center, the
Assistant Secretary for State and Local Law Enforcement
shall--
``(i) develop a single repository within
the Department to house all relevant guidance,
templates, examples, best practices, data sets,
analysis tools, and other fusion center and
information sharing related items;
``(ii) consult with State and local law
enforcement agencies in the development of the
Law Enforcement Information Sharing Resource
Center;
``(iii) consolidate access to Department
resources within the Law Enforcement
Information Sharing Resource Center;
``(iv) provide technical assistance to law
enforcement and public safety agencies; and
``(v) coordinate, in coordination with the
Federal Emergency Management Agency and the
Office of Intelligence and Analysis,
intelligence, information sharing, and fusion
center related training, technical assistance,
exercise, and other services provided to State
and local law enforcement and other agencies
developing or operating fusion centers and
intelligence units.
``(C) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph--
``(i) $3,000,000 for fiscal year 2009;
``(ii) $3,500,000 for fiscal year 2010; and
``(iii) such sums as are necessary for each
of fiscal years 2011 through 2015.
``(7) Foreign liaison officers against terrorism
programs.--
``(A) Establishment.--There is established within
the Office of State and Local Law Enforcement, the
Foreign Liaison Officers Against Terrorism Program.
``(B) Duties.--In carrying out the Foreign Liaison
Officers Against Terrorism Program the Assistant
Secretary for State and Local Law Enforcement shall--
``(i) identify foreign cities the
government of which desires a State, local, or
tribal law enforcement agency to assign an
officer to the foreign city, to share
information with law enforcement agencies of
State, local, and tribal governments; and
``(ii) assign each foreign city identified
under clause (i) to a law enforcement agency
participating in the Foreign Liaison Officers
Against Terrorism Program, to--
``(I) obtain information relevant
to law enforcement agencies of State,
local, and tribal governments from each
such city for information sharing
purposes; and
``(II) share information obtained
under subclause (I) with other law
enforcement agencies participating in
the Foreign Liaison Officers Against
Terrorism Program.
``(C) Use of grant funds.--A grant awarded under
section 2003 may be used for the costs of participation
in the Foreign Liaison Officers Against Terrorism
Program established under subparagraph (A).''.
SEC. 4. LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM.
(a) In General.--Section 2006(a) of the Homeland Security Act of
2002 (6 U.S.C. 607(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Grants.--The Assistant Secretary for State
and Local Law Enforcement may make grants to States and
local governments for law enforcement terrorism
prevention activities.
``(B) Program.--The Secretary shall maintain the
grant program under this subsection as a separate
program of the Department.''; and
(2) by adding at the end the following:
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $500,000,000
for each of fiscal years 2009 through 2015, of which not less
than 10 percent may be used by the Assistant Secretary for
discretionary grants for national best practices and programs
of proven effectiveness, including for--
``(A) national, regional and multi-jurisdictional
projects;
``(B) development of model programs for
replication;
``(C) guidelines and standards for preventing
terrorism;
``(D) national demonstration projects that employ
innovative or promising approaches; and
``(E) evaluation of programs to ensure the
effectiveness of the programs.''.
(b) Reporting.--The Assistant Secretary for State and Local Law
Enforcement of the Department shall submit to Congress and make
publicly available an annual report detailing the goals and
recommendations for the Nation's terrorism prevention strategy.
SEC. 5. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.
(a) In General.--Title XX of the Homeland Security Act of 2002 (6
U.S.C. 601 et seq.) is amended by adding at the end the following:
``Subtitle C--Other Assistance
``SEC. 2041. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.
``(a) Establishment.--There is established within the Office of
State and Local Law Enforcement, the Commercial Equipment Direct
Assistance Program (in this section referred to as the `program') to
make counterterrorism technology, equipment, and information available
to local law enforcement agencies.
``(b) Activities.--In carrying out the program, the Assistant
Secretary for State and Local Law Enforcement shall--
``(1) publish a comprehensive list of available
technologies, equipment, and information available under the
program;
``(2) consult with local law enforcement agencies and other
appropriate individuals and entities, as determined by the
Assistant Secretary for State and Local Law Enforcement;
``(3) accept applications from the heads of State and local
law enforcement agencies that wish to acquire technologies,
equipment, or information under the program to improve the
homeland security capabilities of those agencies; and
``(4) transfer the approved technology, equipment, or
information and provide the appropriate training to the State
or local law enforcement agency to implement such technology,
equipment, or information.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $75,000,000 for each of fiscal years 2009 and 2010;
and
``(2) such sums as are necessary for each of fiscal years
2011 through 2015.''. | Homeland Security and Law Enforcement Improvements Act of 2008 - Amends the Homeland Security Act of 2002 to reassign to the Office of the Secretary of Homeland Security the Office for State and Local Law Enforcement (Office). Establishes within the Office: (1) the Law Enforcement Information Sharing Resource Center to provide technical assistance relating to information sharing and intelligence; (2) the Foreign Liaison Officers Against Terrorism Program; and (3) the Commercial Equipment Direct Assistance Program to make counterterrorism technology, equipment, and information available to local law enforcement agencies.
Directs the Assistant Secretary of Homeland Security for State and Local Law Enforcement to establish a National Law Enforcement Deployment Team Program to respond to the threat or occurrence of a natural or man-made incident.
Authorizes the Assistant Secretary to make grants to states and local governments for law enforcement terrorism prevention activities. | A bill to improve the Office for State and Local Law Enforcement, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Use Efficiency and
Conservation Research Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Between 1950 and 2000, the United States population
increased nearly 90 percent. In that same period, public demand
for water increased 209 percent. Americans now use an average
of 100 gallons of water per person each day. This increased
demand has put additional stress on water supplies and
distribution systems, threatening both human health and the
environment.
(2) Thirty-six States are anticipating local, regional, or
statewide water shortages by 2013. In addition, climate change
related effects are expected to exacerbate already scarce water
resources in many areas of the country.
(3) The Intergovernmental Panel on Climate Change's 2007
assessment states that water stored in glaciers and snow cover
is projected to decline, reducing water availability to one-
sixth of the world's population that relies upon meltwater from
major mountain ranges. The Intergovernmental Panel on Climate
Change also predicts droughts will become more severe and
longer lasting in a number of regions.
(4) Water conservation should be a national goal and the
Environmental Protection Agency should work with
nongovernmental partners to achieve that goal. The
Environmental Protection Agency should support the research,
development, and dissemination of technologies and processes
that will achieve greater water use efficiency.
(5) WaterSense is a voluntary public-private partnership
program established by the Environmental Protection Agency to
promote water efficiency by helping consumers identify water-
efficient products and practices. The Environmental Protection
Agency estimates that if all United States households installed
water-efficient appliances, the country would save more than
3,000,000,000,000 gallons of water and more than
$17,000,000,000 per year.
(6) The WaterSense program has developed a network of
partners, and therefore can disseminate the results of research
on technologies and processes that achieve greater water use
efficiency.
SEC. 3. RESEARCH PROGRAM.
(a) In General.--The Assistant Administrator for Research and
Development of the Environmental Protection Agency (in this Act
referred to as the ``Assistant Administrator'') shall establish a
research and development program consistent with the plan developed
under section 4 that promotes water use efficiency and conservation,
including--
(1) technologies and processes that enable the collection,
storage, treatment, and reuse of rainwater, stormwater, and
greywater;
(2) water storage and distribution systems;
(3) behavioral, social, and economic barriers to achieving
greater water use efficiency; and
(4) use of watershed planning directed toward water
quality, conservation, and supply.
(b) Considerations.--In planning and implementing the program, the
Assistant Administrator shall consider--
(1) research needs identified by water resource managers,
State and local governments, and other interested parties; and
(2) technologies and processes likely to achieve the
greatest increases in water use efficiency and conservation.
(c) Minority Serving Institutions.--In the execution of this
program, the Assistant Administrator may award extramural grants to
institutions of higher education and shall encourage participation by
Minority Serving Institutions.
SEC. 4. STRATEGIC RESEARCH PLAN.
(a) In General.--The Assistant Administrator shall coordinate the
development of a strategic research plan (in this Act referred to as
the ``plan'') for the water use efficiency and conservation research
and development program established in section 3 with all other
Environmental Protection Agency research and development strategic
plans.
(b) Plan Contents.--The plan shall--
(1) outline research goals and priorities for a water use
efficiency and conservation research agenda, including--
(A) developing innovative water supply-enhancing
processes and technologies; and
(B) improving existing processes and technologies,
including wastewater treatment, desalinization, and
groundwater recharge and recovery schemes;
(2) identify current Federal research efforts on water that
are directed toward meeting the goals of improving water use
efficiency, water conservation, or expanding water supply and
describe how such efforts are coordinated with the program
established in section 3 in order to leverage resources and
avoid duplication; and
(3) consider and utilize, as appropriate, recommendations
in reports and studies conducted by Federal agencies, the
National Research Council, the National Science and Technology
Council, or other entities in the development of the plan.
(c) Science Advisory Board Review.--The Assistant Administrator
shall submit the plan to the Science Advisory Board of the
Environmental Protection Agency for review.
(d) Revision.--The plan shall be revised and amended as needed to
reflect current scientific findings and national research priorities.
SEC. 5. TECHNOLOGY TRANSFER.
The Assistant Administrator, building on the results of the
activities of the program established under section 3, shall--
(1) facilitate the adoption of technology and processes to
promote water use efficiency and conservation; and
(2) collect and disseminate information, including the
establishment of a publicly accessible clearinghouse, on
technologies and processes to promote water use efficiency and
conservation, including information on--
(A) incentives and impediments to development and
commercialization;
(B) best practices; and
(C) anticipated increases in water use efficiency
and conservation resulting from the implementation of
specific technologies and processes.
SEC. 6. ADVANCED WATER EFFICIENCY DEVELOPMENT PROJECTS.
(a) In General.--As part of the program under section 3, the
Assistant Administrator shall carry out at least 4 projects under which
the funding is provided for the incorporation into a building of the
latest water use efficiency and conservation technologies and designs.
Funding for each project shall be provided only to cover incremental
costs of water-use efficiency and conservation technologies.
(b) Criteria.--Of the 4 projects described in subsection (a), at
least 1 shall be for a residential building and at least 1 shall be for
a commercial building.
(c) Public Availability.--The designs of buildings with respect to
which funding is provided under subsection (a) shall be made available
to the public, and such buildings shall be accessible to the public for
tours and educational purposes.
SEC. 7. REPORT.
Not later than 18 months after the date of enactment of this Act,
and once every 2 years thereafter, the Assistant Administrator shall
transmit to Congress a report which details the progress being made by
the Environmental Protection Agency with regard to--
(1) water use efficiency and conservation research projects
initiated by the Agency;
(2) development projects initiated by the Agency;
(3) outreach and communication activities conducted by the
Agency concerning water use efficiency and conservation; and
(4) development and implementation of the plan.
SEC. 8. WATER MANAGEMENT STUDY AND REPORT.
(a) Study.--
(1) Requirement.--The Administrator of the Environmental
Protection Agency shall enter into an arrangement with the
National Academy of Sciences to complete a study of low impact
and soft path strategies for management of water supply,
wastewater, and stormwater.
(2) Contents.--The study shall--
(A) examine and compare the state of research,
technology development, and emerging practices in other
developed and developing countries with those in the
United States;
(B) identify and evaluate relevant system
approaches for comprehensive water management,
including the interrelationship of water systems with
other major systems such as energy and transportation;
(C) identify priority research and development
needs; and
(D) assess implementation needs and barriers.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall transmit to the Committee on Science and Technology of the House
of Representatives and the Committee on Environment and Public Works of
the Senate a report on the key findings of the study conducted under
subsection (a). The report shall evaluate challenges and opportunities
and serve as a practical reference for water managers, planners,
developers, scientists, engineers, non-governmental organizations,
Federal agencies, and regulators by recommending innovative and
integrated solutions.
(c) Definitions.--For purposes of this section--
(1) the term ``low impact'' means a strategy that manages
rainfall at the source using uniformly distributed
decentralized micro-scale controls to mimic a site's
predevelopment hydrology by using design techniques that
infiltrate, filter, store, evaporate, and detain runoff close
to its source; and
(2) the term ``soft path'' means a general framework that
encompasses--
(A) increased efficiency of water use;
(B) integration of water supply, wastewater
treatment, and stormwater management systems; and
(C) protection, restoration, and effective use of
the natural capacities of ecosystems to provide clean
water.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator of the Environmental Protection
Agency for carrying out this section $1,000,000 for fiscal year 2010.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Assistant
Administrator for carrying out this Act $20,000,000 for each of the
fiscal years 2010 through 2014.
Passed the House of Representatives February 11, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Water Use Efficiency and Conservation Research Act - Requires the Environmental Protection Agency's (EPA) Assistant Administrator for Research and Development to establish a research and development program to promote water use efficiency and conservation, including: (1) technologies and processes that enable the collection, storage, treatment, and reuse of rainwater, stormwater, and greywater; (2) water storage and distribution systems; and (3) behavioral, social, and economic barriers to achieving greater water use efficiency.
Requires the Assistant Administrator to coordinate the development of a strategic research plan for the water use efficiency and conservation research and development program established by this Act with all other EPA research and development strategic plans.
Requires the Assistant Administrator to: (1) facilitate the adoption of technology and processes to promote water use efficiency and conservation; and (2) collect and disseminate information on technologies and processes to promote water use efficiency and conservation, including information on incentives and impediments to development and commercialization, best practices, and anticipated increases in water use efficiency and conservation resulting from the implementation of specific technologies and processes.
Requires at least four projects under which funding is provided for the incorporation into a building (at least one residential and one commercial building) of the latest water use efficiency and conservation technologies and designs.
Requires biennial reports to Congress on research and development projects initiated under this Act, outreach and communication activities concerning water use efficiency and conservation, and development and implementation of the strategic research plan.
Directs the EPA Administrator to enter into an arrangement with the National Academy of Sciences for completion of a study of "low impact" (mimicking predevelopment hydrology) and "soft path" (using natural capacities of ecosystems) strategies for management of water supply, wastewater, and stormwater.
Authorizes appropriations. | To increase research, development, education, and technology transfer activities related to water use efficiency and conservation technologies and practices at the Environmental Protection Agency. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Dredge Disposal Act of
1996''.
SEC. 2. DREDGED MATERIAL DISPOSAL FACILITIES.
Section 101 of the Water Resources Development Act of 1986 (33
U.S.C. 2211) is amended by adding at the end the following:
``(f) Dredged Material Disposal Facilities.--
``(1) In general.--Notwithstanding any other provision of
law, after the date of enactment of this subsection, the
provision of upland, aquatic, and confined aquatic dredged
material disposal facilities associated with the construction,
operation, and maintenance of all Federal navigation projects
for harbors and inland harbors (including diking and applying
dredged material to beneficial use and other improvements
necessary for the proper disposal of dredged material) shall be
considered to be a general navigation feature of a project for
the purpose of cost sharing under this section.
``(2) Limitations on federal share of project costs.--
``(A) Funds not required for operation and
maintenance.--No funds comprising the Federal share of
the costs associated with the construction of a dredged
material disposal facility for the operation and
maintenance of a Federal navigation project for a
harbor or inland harbor in accordance with paragraph
(1) that are eligible to be paid with sums appropriated
out of the Harbor Maintenance Trust Fund under
paragraph (3) shall be expended for construction until
the Secretary, in the Secretary's discretion,
determines that the funds are not required to cover
eligible operation and maintenance costs assigned to
commercial navigation.
``(B) Maximum federal share for operation and
maintenance.--The Federal share of the costs of
activities described in paragraph (3) for a project
shall not exceed $25,000,000 for any fiscal year.
``(3) Operation and maintenance costs.--For the purposes of
section 210, eligible operation and maintenance costs shall
include (in addition to eligible operation and maintenance
costs assigned to commercial navigation)--
``(A) the Federal share of the costs of
constructing dredged material disposal facilities
associated with the operation and maintenance of all
Federal navigation projects for harbors and inland
harbors;
``(B) the costs of operating and maintaining
dredged material disposal facilities associated with
the construction, operation, and maintenance of all
Federal navigation projects for harbors and inland
harbors;
``(C) the Federal share of the costs of
environmental dredging and disposal facilities for
contaminated sediments that are in, or that affect the
maintenance of, Federal navigation channels and the
mitigation of environmental impacts resulting from
Federal dredging activities; and
``(D) the Federal share of the costs of dredging,
management, and disposal of in-place contaminated
sediments and other environmental remediation in
critical port and harbor areas to facilitate maritime
commerce and navigation.
``(4) Preference.--In undertaking activities described in
paragraph (3)(D), the Secretary shall give preference to port
areas with respect to which, and in accordance with the extent
that, annual payments of harbor maintenance fees exceed Federal
expenditures for projects in the port area that are eligible
for reimbursement out of the Harbor Maintenance Trust Fund.
``(5) Applicability.--This subsection applies to the
provision of a dredged material disposal facility with respect
to which, and to the extent that--
``(A) a contract for construction (or for
construction of a usable portion of such a facility);
or
``(B) a contract for construction of an associated
navigation project (or usable portion of such a
project);
has not been awarded on or before the date of enactment of this
subsection.
``(6) Amendment of existing agreements.--
``(A) In general.--Unless otherwise requested by
the non-Federal interest within 30 days after the date
of enactment of this subsection, each cooperative
agreement entered into between the Secretary and a non-
Federal interest under this section shall be amended,
effective as of the date of enactment of this
subsection, to conform to this subsection, including
provisions relating to the Federal share of project
costs for dredged material disposal facilities.
``(B) Application of amendment.--An amendment to a
cooperative agreement required by subparagraph (A)
shall be applied prospectively.
``(7) Effect on non-federal costs of other dredged material
disposal facilities.--Nothing in this subsection shall
increase, or result in the increase of, the non-Federal share
of the costs of any dredged material disposal facility required
by the authorization for a project.''. | Environmental Dredge Disposal Act of 1996 - Amends the Water Resources Development Act of 1986 to consider the provision of dredged material disposal facilities associated with Federal navigation projects for harbors as a general navigation feature of a project for purposes of Federal cost sharing. Prohibits the expenditure of Federal funds for costs associated with such a facility unless the Secretary of the Army determines that the funds are not required to cover eligible operation and maintenance (O&M) costs assigned to commercial navigation. Limits to $25 million the Federal share of such O&M costs for a fiscal year. Defines eligible O&M costs associated with such a project.
Requires the amendment of existing agreements to conform with changes made under this Act. | Environmental Dredge Disposal Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Advanced Technologies for
Efficient Resource Use Act of 2015''.
SEC. 2. WATERSENSE.
(a) In General.--There is established within the Environmental
Protection Agency a WaterSense program to identify and promote water
efficient products, buildings and landscapes, and services in order--
(1) to reduce water use;
(2) to reduce the strain on water, wastewater, and
stormwater infrastructure;
(3) to conserve energy used to pump, heat, transport, and
treat water; and
(4) to preserve water resources for future generations,
through voluntary labeling of, or other forms of communications about,
products, buildings and landscapes, and services that meet the highest
water efficiency and performance standards.
(b) Duties.--The Administrator of the Environmental Protection
Agency shall--
(1) promote WaterSense labeled products, buildings and
landscapes, and services in the market place as the preferred
technologies and services for--
(A) reducing water use; and
(B) ensuring product and service performance;
(2) work to enhance public awareness of the WaterSense
label through public outreach, education, water recycling and
reuse technology research and development, and other means;
(3) establish and maintain performance standards so that
products, buildings and landscapes, and services labeled with
the WaterSense label perform as well or better than their less
efficient counterparts;
(4) publicize the importance of proper installation of
WaterSense plumbing products by a WaterSense-certified or, if
WaterSense certification guidelines do not exist, licensed
plumber or mechanical contractor, and the installation,
maintenance, and audit of WaterSense irrigation systems by a
WaterSense-certified irrigation professional to ensure optimal
performance;
(5) preserve the integrity of the WaterSense label;
(6) regularly review and, when appropriate, update
WaterSense criteria for categories of products, buildings and
landscapes, and services, at least once every four years;
(7) to the maximum extent practicable, regularly collect
and make available to the public summary data on the production
and relative market shares of WaterSense labeled products,
buildings and landscapes, and services, at least annually;
(8) to the maximum extent practicable, regularly estimate
and make available to the public the water and energy savings
attributable to the use of WaterSense labeled products,
buildings and landscapes, and services, at least annually;
(9) solicit comments from interested parties and the public
prior to establishing or revising a WaterSense category,
specification, installation criterion, or other criterion (or
prior to effective dates for any such category, specification,
installation criterion, or other criterion);
(10) provide reasonable notice to interested parties and
the public of any changes (including effective dates), on the
adoption of a new or revised category, specification,
installation criterion, or other criterion, along with--
(A) an explanation of changes; and
(B) as appropriate, responses to comments submitted
by interested parties;
(11) provide appropriate lead time (as determined by the
Administrator) prior to the applicable effective date for a new
or significant revision to a category, specification,
installation criterion, or other criterion, taking into account
the timing requirements of the manufacturing, marketing,
training, and distribution process for the specific product,
building and landscape, or service category addressed; and
(12) identify and, where appropriate, implement other
voluntary approaches, such as labeling waterless devices that
perform the same function as a water consuming product or
encouraging reuse, reclamation, and recycling technologies, in
commercial, institutional, residential, municipal, and
industrial sectors to improve water efficiency or lower water
use while meeting the performance standards established under
paragraph (3).
(c) Authorization of Appropriations.--There are authorized to be
appropriated $7,500,000 for fiscal year 2016, $10,000,000 for fiscal
year 2017, $20,000,000 for fiscal year 2018, and $50,000,000 for fiscal
year 2019 and each year thereafter, adjusted for inflation, to carry
out this section.
SEC. 3. FEDERAL PROCUREMENT OF WATER EFFICIENT PRODUCTS.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 7902(a) of title 5, United States Code.
(2) Watersense product or service.--The term ``WaterSense
product or service'' means a product or service that is rated
for water efficiency under the WaterSense program.
(3) Watersense program.--The term ``WaterSense program''
means the program established by section 2 of this Act.
(4) FEMP designated product.--The term ``FEMP designated
product'' means a product that is designated under the Federal
Energy Management Program of the Department of Energy as being
among the highest 25 percent of equivalent products for
efficiency.
(5) Product and service.--The terms ``product'' and
``service'' do not include any water consuming product or
service designed or procured for combat or combat-related
missions. The terms also exclude products or services already
covered by the Federal procurement regulations established
under section 553 of the National Energy Conservation Policy
Act (42 U.S.C. 8259b).
(b) Procurement of Water Efficient Products.--
(1) Requirement.--To meet the requirements of an agency for
a water consuming product or service, the head of the agency
shall, except as provided in paragraph (2), procure--
(A) a WaterSense product or service; or
(B) a FEMP designated product.
A WaterSense plumbing product should preferably, when possible,
be installed by a WaterSense-certified or, if WaterSense
certification guidelines do not exist, licensed plumber or
mechanical contractor, and a WaterSense irrigation system
should preferably, when possible, be installed, maintained, and
audited by a WaterSense-certified irrigation professional to
ensure optimal performance.
(2) Exceptions.--The head of an agency is not required to
procure a WaterSense product or service or FEMP designated
product under paragraph (1) if the head of the agency finds in
writing that--
(A) a WaterSense product or service or FEMP
designated product is not cost-effective over the life
of the product, taking current and future energy,
water, and wastewater cost savings into account; or
(B) no WaterSense product or service or FEMP
designated product is reasonably available that meets
the functional requirements of the agency.
(3) Procurement planning.--The head of an agency shall
incorporate into the specifications for all procurements
involving water consuming products and systems, including guide
specifications, project specifications, and construction,
renovation, and services contracts that include provision of
water consuming products and systems, and into the factors for
the evaluation of offers received for the procurement, criteria
used for rating WaterSense products and services and FEMP
designated products. The head of an agency shall consider, to
the maximum extent practicable, additional measures for
reducing agency water consumption, including water reuse,
reclamation, and recycling technologies, leak detection and
repair, and use of waterless products that perform similar
functions to existing water-consuming products.
(c) Listing of Water Efficient Products in Federal Catalogs.--
WaterSense products and services and FEMP designated products shall be
clearly identified and prominently displayed in any inventory or
listing of products by the General Services Administration or the
Defense Logistics Agency. The General Services Administration and the
Defense Logistics Agency shall supply only WaterSense products or FEMP
designated products for all product categories covered by the
WaterSense program or the Federal Energy Management Program, except in
cases where the agency ordering a product specifies in writing that no
WaterSense product or FEMP designated product is available to meet the
buyer's functional requirements, or that no WaterSense product or FEMP
designated product is cost-effective for the intended application over
the life of the product, taking energy, water, and wastewater cost
savings into account.
(d) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall issue regulations to carry out this section.
SEC. 4. EARLY ADOPTER WATER EFFICIENT PRODUCTS INCENTIVE PROGRAMS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible entity.--The term ``eligible entity'' means a
State government, local or county government, tribal
government, wastewater or sewage utility, municipal water
authority, energy utility, water utility, or nonprofit
organization that meets the requirements of subsection (b).
(3) Incentive program.--The term ``incentive program''
means a program for administering financial incentives for
consumer purchase and installation of residential water
efficient products and services as described in subsection
(b)(1).
(4) Residential water efficient product or service.--
(A) In general.--The term ``residential water
efficient product or service'' means a product or
service for a single-family or multifamily residence or
its landscape that is rated for water efficiency and
performance--
(i) by the WaterSense program; or
(ii) by an incentive program and approved
by the Administrator.
Categories of water efficient products and services may
include faucets, irrigation technologies and services,
point-of-use water treatment devices, reuse,
reclamation, and recycling technologies, toilets, and
showerheads.
(B) Third-party certification.--A product shall not
be treated as a residential water efficient product
until after the product--
(i) is tested by an accredited third-party
certifying body or laboratory in accordance
with the WaterSense program;
(ii) is certified by such body or
laboratory as meeting the performance and
efficiency requirements of such program; and
(iii) is authorized by such program to use
its label.
(5) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(6) Watersense program.--The term ``WaterSense program''
means the program established by section 2 of this Act.
(b) Eligible Entities.--An entity shall be eligible to receive an
allocation under subsection (c) if the entity--
(1) establishes (or has established) an incentive program
to provide rebates, vouchers, other financial incentives, or
direct installs to consumers for the purchase and installation
of residential water efficient products or services;
(2) submits an application for the allocation at such time,
in such form, and containing such information as the
Administrator may require; and
(3) provides assurances satisfactory to the Administrator
that the entity will use the allocation to supplement, but not
supplant, funds made available to carry out the incentive
program.
(c) Amount of Allocations.--For each fiscal year, the Administrator
shall determine the amount to allocate to each eligible entity to carry
out subsection (d) taking into consideration--
(1) the population served by the eligible entity in the
most recent calendar year for which data are available;
(2) the targeted population of the eligible entity's
incentive program, such as general households, low-income
households, or first-time homeowners, and the probable
effectiveness of the incentive program for that population;
(3) for existing programs, the effectiveness of the
incentive program in encouraging the adoption of water
efficient products and services; and
(4) any prior year's allocation to the eligible entity that
remains unused.
(d) Use of Allocated Funds.--Funds allocated to an entity under
subsection (c) may be used to pay up to 50 percent of the cost of
establishing and carrying out an incentive program.
(e) Fixture Recycling.--Entities are encouraged to promote or
implement fixture recycling programs to manage the disposal of older
fixtures replaced due to the incentive program under this section.
(f) Issuance of Rebates.--Financial incentives may be provided to
consumers that meet the requirements of the incentive program. The
entity may issue all financial incentives directly to consumers or,
with approval of the Administrator, delegate some or all financial
incentive administration to other organizations including, but not
limited to, local governments, municipal water authorities, and water
utilities. The amount of a financial incentive shall be determined by
the entity, taking into consideration--
(1) the amount of the allocation to the entity under
subsection (c);
(2) the amount of any Federal, State, or other
organization's tax or financial incentive available for the
purchase of the residential water efficient product or service;
(3) the amount necessary to change consumer behavior to
purchase water efficient products and services; and
(4) the consumer expenditures for onsite preparation,
assembly, and original installation of the product.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section $50,000,000
for fiscal year 2016, $100,000,000 for fiscal year 2017, $150,000,000
for fiscal year 2018, $100,000,000 for fiscal year 2019, and
$50,000,000 for fiscal year 2020.
SEC. 5. EARLY ADOPTER WATER EFFICIENT PRODUCTS INCENTIVE PROGRAMS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting before section
140 the following new section:
``SEC. 139F. EARLY ADOPTER WATER EFFICIENT PRODUCTS INCENTIVE PROGRAMS.
``(a) In General.--In the case of an individual, gross income does
not include any amount received under an incentive program under
section 4 of the Water Advanced Technologies for Efficient Resource Use
Act of 2015.
``(b) Denial of Double Benefit.--Notwithstanding any other
provision of this subtitle, no deduction or credit shall be allowed
for, or by reason of, any expenditure to the extent of the amount
excluded under subsection (a) for any amount which was provided with
respect to such expenditure. The adjusted basis of any property shall
be reduced by the amount excluded under subsection (a) which was
provided with respect to such property.''.
(b) Conforming Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting before
the item relating to section 140 the following new item:
``Sec. 139F. Early adopter water efficient products incentive
programs.''.
(c) Effective Date.--The amendments made by this Act shall apply to
taxable years beginning after the date of the enactment of this Act. | Water Advanced Technologies for Efficient Resource Use Act of 2015 This bill codifies the Environmental Protection Agency's (EPA) WaterSense program, which identifies, labels, and promotes water efficient products, buildings, landscapes, and services. This bill also establishes a program to provide financial incentives for consumers to purchase and install residential water efficient products and services labeled under the WaterSense program. In order to meet procurement requirements for a water consuming product or service, federal agencies must purchase a WaterSense product or service, or a Federal Energy Management Program designated product. Agencies do not have to procure those products or services if they are not cost-effective, or not reasonably available. The bill amends the Internal Revenue Code to exclude from the gross income of individual taxpayers any amount received under an incentive program for the purchase and installation of residential water efficient products and services. | Water Advanced Technologies for Efficient Resource Use Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bridges to the Cuban People Act of
2001''.
TITLE I--FACILITATION OF THE EXPORT OF FOOD AND MEDICINES TO CUBA
SEC. 101. EXEMPTION FROM PROHIBITIONS AND RESTRICTIONS ON TRADE WITH
CUBA TO PERMIT THE EXPORT OF FOOD AND MEDICINES TO CUBA.
(a) In General.--Except as provided in subsection (b), any
prohibition or restriction in law or regulation on trade or financial
transactions with Cuba shall not apply with respect to the export of
any agricultural commodity, farm machinery or equipment, medicine, or
medical device, or with respect to travel incident to the sale or
delivery of any agricultural commodity, farm machinery or equipment,
medicine, or medical device, to Cuba.
(b) Exceptions.--Subsection (a) does not apply to--
(1) any prohibition or restriction imposed under the Export
Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) or
successor statute for goods containing parts or components on
which export controls are in effect under that section; or
(2) any prohibition or restriction imposed under section
203 of the International Emergency Economic Powers Act (50
U.S.C. 1702) insofar as the prohibition or restriction is
exercised to deal with a threat to the national security of the
United States by virtue of the technology incorporated in such
machinery or equipment.
(c) Supersedes Existing Law.--Subsection (a) supersedes the Trade
Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R.
5426 of the One Hundred Sixth Congress, as enacted into law by section
1(a) of Public Law 106-387, and as contained in the appendix of that
Act) or any other provision of law.
SEC. 102. REMOVAL OF CERTAIN PROHIBITIONS ON VESSELS ENTERING UNITED
STATES PORTS.
Section 1706(b) of the Cuban Democracy Act of 1992 (22 U.S.C.
6005(b); prohibiting certain vessels from entering United States ports)
shall not apply with respect to vessels that transport to Cuba any item
the export of which is permitted under section 101 or 404 of this Act.
SEC. 103. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND CREDIT
PROGRAMS FOR CUBA.
(a) Study.--The Secretary of Agriculture shall conduct a study of
United States agricultural export promotion and credit programs in
effect as of the date of enactment of this Act to determine how such
programs may be carried out to promote the consumption of United States
agricultural commodities in Cuba.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
containing--
(1) the results of the study conducted under subsection
(a); and
(2) recommendations for proposed legislation, if any, to
improve the ability of the Secretary of Agriculture to utilize
United States agricultural export promotion and credit programs
with respect to the consumption of United States agricultural
commodities in Cuba.
SEC. 104. REPORT TO CONGRESS.
Not later than 6 months after the date of enactment of this Act,
the President shall submit to Congress a report that sets forth--
(1) the extent (expressed in volume and dollar amounts) of
sales to Cuba of agricultural commodities, farm machinery and
equipment, medicines, and medical devices, since the date of
enactment of this Act;
(2) a description of the types of the goods so exported;
and
(3) whether there has been any indication that any medicine
or medical device exported to Cuba since the date of enactment
of this Act--
(A) has been used for purposes of torture or other
human rights abuses;
(B) was reexported; or
(C) was used in the production of any bio-
technological product.
SEC. 105. DEFINITIONS.
In this title:
(1) Agricultural commodity.--The term ``agricultural
commodity''--
(A) has the meaning given the term in section 102
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602);
and
(B) includes fertilizer.
(2) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(3) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 7321).
TITLE II--EASING OF RESTRICTIONS ON TRAVEL BY UNITED STATES NATIONALS
TO CUBA
SEC. 201. TRAVEL TO CUBA.
(a) In General.--
(1) Freedom of travel for united states nationals and
lawful permanent resident aliens.--
(A) In general.--Subject to subsection (b), the
President shall not regulate or prohibit, directly or
indirectly--
(i) travel to, from, or within Cuba by
nationals of the United States or aliens
lawfully admitted for permanent residence in
the United States; or
(ii) any of the transactions incident to
such travel that are set forth in paragraph
(2).
(B) Supersedes existing law.--Subparagraph (A)
supersedes any other provision of law.
(2) Transactions incident to travel.--
(A) In general.--Except as provided in subparagraph
(B), the transactions referred to in paragraph (1)
are--
(i) any transaction ordinarily incident to
travel to or from Cuba, including the
importation into Cuba or the United States of
accompanied baggage for personal use only;
(ii) any transaction ordinarily incident to
travel or maintenance within Cuba, including
the payment of living expenses and the
acquisition of goods or services for personal
use;
(iii) any transaction ordinarily incident
to the arrangement, promotion, or facilitation
of travel to, from, or within Cuba;
(iv) any transaction incident to
nonscheduled air, sea, or land voyages, except
that this clause does not authorize the
carriage of articles into Cuba or the United
States except accompanied baggage; and
(v) any normal banking transaction incident
to any activity described in any of the
preceding clauses, including the issuance,
clearing, processing, or payment of checks,
drafts, travelers checks, credit or debit card
instruments, or similar instruments.
(B) Exclusion of certain goods for personal
consumption.--The transactions described in
subparagraph (A) do not include the importation into
the United States of goods for personal consumption
acquired in Cuba in excess of the amount established by
the Secretary of the Treasury pursuant to section 321
of the Tariff Act of 1930 (19 U.S.C. 1321) or otherwise
authorized by law.
(b) Exceptions.--The prohibition contained in subsection (a)(1)
does not apply in a case in which--
(1) the United States is at war with Cuba;
(2) armed hostilities between the two countries are in
progress or imminent; or
(3) there is a credible threat to the public health or the
physical safety of nationals of the United States who are
traveling to, from, or within Cuba.
(c) Applicability.--This section applies to actions taken by the
President before the date of enactment of this Act that are in effect
on such date, and to actions taken on or after such date.
(d) Repeals.--There are repealed the following provisions of law:
(1) Section 102(h) of Public Law 104-114 (22 U.S.C.
6032(h)).
(2) Section 910 of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX of H.R. 5426 of the One
Hundred Sixth Congress, as enacted into law by section 1(a) of
Public Law 106-387, and as contained in the appendix of that
Act).
(e) Definitions.--In this section:
(1) Lawfully admitted for permanent residence.--The term
``lawfully admitted for permanent residence'' has the meaning
given the term in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20)).
(2) National of the united states.--The term ``national of
the United States'' has the meaning given the term in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).
TITLE III--SCHOLARSHIPS FOR CERTAIN CUBAN NATIONALS
SEC. 301. SCHOLARSHIPS FOR GRADUATE STUDY.
(a) Authority.--
(1) In general.--The President is authorized to provide
scholarships under section 102 of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2452) for nationals of
Cuba who seek to undertake graduate study in public health,
public policy, economics, law, or other field of social
science.
(2) Superseding existing law.--The authority of paragraph
(1) shall be exercised without regard to any other provision of
law.
(b) Allocation of Funds.--Of the amounts authorized to be
appropriated to carry out the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2451 et seq.) for fiscal years 2002 through
2006, the following amounts are authorized to be available to carry out
subsection (a):
(1) For fiscal year 2002, $1,400,000 for not to exceed 20
scholarships.
(2) For fiscal year 2003, $1,750,000 for not to exceed 25
scholarships.
(3) For fiscal year 2004, $2,450,000 for not to exceed 35
scholarships.
(4) For fiscal year 2005, $2,450,000 for not to exceed 35
scholarships.
(5) For fiscal year 2006, $2,450,000 for not to exceed 35
scholarships.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. WAIVER AUTHORITY WITH RESPECT TO THE PUBLIC LAW 104-114.
(a) Waiver of Sanctions and Restrictions on Assistance.--
Notwithstanding any other provision of law, the President may waive any
provision of title I or title II of Public Law 104-114 (22 U.S.C. 6021
et seq.) if the President determines that to do so will promote the
peaceful transition to democracy in Cuba.
(b) Waiver of Grounds of Inadmissibility of Certain Aliens.--
Notwithstanding any other provision of law or regulation, the President
may waive provisions of title IV of Public Law 104-114 (22 U.S.C. 6021
et seq.; relating to the inadmissibility of certain aliens) if the
President determines that to do so will further the national economic
interest of the United States.
SEC. 402. PROHIBITION ON LIMITING ANNUAL REMITTANCES.
(a) In General.--Except as provided in subsection (b), the
Secretary of the Treasury may not limit the amount of remittances to
Cuba that may be made by any person who is subject to the jurisdiction
of the United States, and the Secretary shall rescind all regulations
in effect on the date of enactment of this Act that so limit the amount
of those remittances.
(b) Statutory Construction.--Nothing in subsection (a) may be
construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments) or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity).
SEC. 403. IMPORTATION OF CERTAIN MEDICINES.
(a) Definitions.--In this section:
(1) Covered medical article.--The term ``covered medical
article'' means a medicine or medical device that--
(A) is of Cuban origin;
(B) is or has been located in or transported from
or through Cuba; or
(C) is made or derived in whole or in part of any
article which is the growth, produce, or manufacture of
Cuba.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) In General.--Notwithstanding any other provision of law
(including section 515.204 of title 31, Code of Federal Regulations, or
any other related or successor regulation), a covered medical article
may be imported into the United States to the extent otherwise
authorized by law, including any authorization under the Federal Food,
Drug, and Cosmetic Act, if the Secretary makes a determination, in
accordance with subsection (c), that there is a medical need in the
United States for the covered medical article that is not being met by
any medicine or medical device in commercial distribution in the United
States.
(c) Determinations of Medical Need.--With respect to a
determination of medical need under subsection (b) regarding a covered
medical article:
(1) The Secretary may upon request make the determination
prior to the submission of an application or other document (as
applicable) regarding commercial distribution of such article
pursuant to the Federal Food, Drug, and Cosmetic Act.
(2) The determination of the Secretary shall not be
affected by the subsequent commercial distribution in the
United States of another medicine or medical device (as the
case may be) that meets the same medical need as such article.
(3) The Secretary shall by regulation establish criteria
regarding the determination, including criteria for a request
under paragraph (1).
SEC. 404. PROHIBITION ON UNILATERAL SANCTIONS ON GOODS OR SERVICES
INTENDED FOR EXCLUSIVE USE OF CHILDREN.
Funds made available under any provision of law may not be used to
administer or enforce any sanction by the United States on exports of
goods or services intended for the exclusive use of children (other
than a sanction imposed pursuant to an agreement with one or more other
countries). | Bridges to the Cuban People Act of 2001 - Exempts from the embargo on trade with Cuba (including prohibitions under the Cuban Democracy Act of 1992 against the unloading at a U.S. port of vessels that previously entered a Cuban port to engage in trade) the export of any agricultural commodity, farm machinery or equipment, medicine, or medical device, or any travel incident to the delivery of such items.Prohibits the President from prohibiting or regulating travel to or from or within Cuba by U.S. nationals or lawful resident aliens, including specified transactions ordinarily incident to such travel, financial or otherwise.Authorizes the President to provide scholarships for Cuban nationals who seek to undertake graduate study in public health, public policy, economics, law, or other field of social science.Authorizes the President to waive certain sanctions against, and restrictions on assistance to, Cuba, including the exclusion from the United States of certain aliens who have confiscated property in Cuba of U.S. nationals or who traffic in such property, if he determines that it will promote the peaceful transition to democracy in Cuba or will further U.S. national economic interests.Prohibits the Secretary of the Treasury from limiting the amount of remittances to Cuba that any U.S. person may make.Authorizes the import into the United States of a Cuban originated medical article if the Secretary of Health and Human Services makes a determination that there is a medical need in the United States for such article that is not being met by any medicine or medical device in commercial distribution in the United States.Prohibits the use of funds to enforce unilateral sanctions on the export of goods and services intended for the exclusive use of children in Cuba. | To provide the people of Cuba with access to food and medicines from the United States, to ease restrictions on travel to Cuba, to provide scholarships for certain Cuban nationals, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Census Oversight Efficiency and
Management Reform Act of 2010''.
SEC. 2. AUTHORITY AND DUTIES OF DIRECTOR AND DEPUTY DIRECTOR OF THE
CENSUS.
(a) In General.--Section 21 of the title 13, United States Code, is
amended to read as follows:
``Sec. 21. Director of the Census; Deputy Director of the Census;
authority and duties
``(a) Definitions.--As used in this section--
``(1) `Director' means the Director of the Census;
``(2) `Deputy Director' means the Deputy Director of the
Census; and
``(3) `function' includes any duty, obligation, power,
authority, responsibility, right, privilege, activity, or
program.
``(b) Director of the Census.--
``(1) Appointment.--
``(A) In general.--The Bureau shall be headed by a
Director of the Census, appointed by the President, by
and with the advice and consent of the Senate.
``(B) Qualifications.--Such appointment shall be
made from individuals who have a demonstrated ability
in management and experience in the collection,
analysis, and use of statistical data.
``(2) General authority and duties.--
``(A) In general.--The Director shall report
directly to the Secretary without being required to
report through any other official of the Department of
Commerce.
``(B) Duties.--The Director shall perform such
duties as may be imposed upon the Director by law,
regulations, or orders of the Secretary.
``(C) Independence of director.--No officer or
agency of the United States shall have any authority to
require the Director to submit legislative
recommendations, or testimony, or comments for review
prior to the submission of such recommendations,
testimony, or comments to Congress if such
recommendations, testimony, or comments to Congress
include a statement indicating that the views expressed
therein are those of the Bureau and do not necessarily
represent the views of the President.
``(3) Term of office.--
``(A) In general.--The term of office of the
Director shall be 5 years, and shall begin on January
1, 2012, and every fifth year thereafter. An individual
may not serve more than 2 full terms as Director.
``(B) Vacancies.--Any individual appointed to fill
a vacancy in such position, occurring before the
expiration of the term for which such individual's
predecessor was appointed, shall be appointed for the
remainder of that term. The Director may serve after
the end of the Director's term until reappointed or
until a successor has been appointed, but in no event
longer than 1 year after the end of such term.
``(C) Removal.--An individual serving as Director
may be removed from office by the President. The
President shall communicate in writing the reasons for
any such removal to both Houses of Congress not later
than 30 days before the removal.
``(4) Functions.--The Director shall be responsible for the
exercise of all powers and the discharge of all duties of the
Bureau, and shall have authority and control over all personnel
and activities thereof.
``(5) Organization.--The Director may establish, alter,
consolidate, or discontinue such organizational units or
components within the Bureau as the Director considers
necessary or appropriate, except that this paragraph shall not
apply with respect to any unit or component provided for by
law.
``(6) Advisory committees.--The Director may establish
advisory committees to provide advice with respect to any
function of the Director. Members of any such committee shall
serve without compensation, but shall be entitled to
transportation expenses and per diem in lieu of subsistence in
accordance with section 5703 of title 5.
``(7) Regulations.--The Director may, in consultation with
the Secretary, prescribe such rules and regulations as the
Director considers necessary or appropriate to carry out the
functions of the Director.
``(8) Delegations, etc.--The Director may assign duties,
and delegate, or authorize successive redelegations of,
authority to act and to render decisions, to such officers and
employees of the Bureau as the Director may find necessary.
Within the limitations of such assignments, delegations, or
redelegations, all official acts and decisions of such officers
and employees shall have the same force and effect as though
performed or rendered by the Director. An assignment,
delegation, or redelegation under this paragraph may not take
effect before the date on which notice of such assignment,
delegation, or redelegation (as the case may be) is published
in the Federal Register.
``(9) Budget requests.--At the time the Director submits a
budget request to the Secretary for inclusion in the
President's budget request for a fiscal year submitted under
section 1105 of title 31, and prior to the submission of the
Department of Commerce budget to the Office of Management and
Budget, the Director shall provide that budget information to
the Committee on Oversight and Government Reform of the House
of Representatives and the Committee on Governmental Affairs of
the Senate, as well as the Committees on Appropriations of the
House of Representatives and the Senate. All other budget
requests from the Bureau to the Secretary shall be made
available to the Committees on Appropriations of the House of
Representatives and the Senate.
``(10) Other authorities.--
``(A) Personnel.--Subject to sections 23 and 24,
but notwithstanding any other provision of law, the
Director, in carrying out the functions of the Director
or the Bureau, may use the services of officers and
other personnel in other Federal agencies, including
personnel of the Armed Forces, with the consent of the
head of the agency concerned.
``(B) Voluntary services.--Notwithstanding section
1342 of title 31, or any other provision of law, the
Director may accept and use voluntary and uncompensated
services.
``(c) Deputy Director.--
``(1) In general.--There shall be in the Bureau a Deputy
Director of the Census, who shall be appointed by and serve at
the pleasure of the Director. The position of Deputy Director
shall be a career reserved position within the meaning of
section 3132(a)(8) of title 5.
``(2) Functions.--The Deputy Director shall perform such
functions as the Director shall designate.
``(3) Temporary authority to perform functions of
director.--The provisions of sections 3345 through 3349d of
title 5 shall apply with respect to the office of Director. The
first assistant to the office of Director is the Deputy
Director for purposes of applying such provisions.''.
(b) Transition Rules.--
(1) Appointment of initial director.--The initial Director
of the Bureau of the Census shall be appointed in accordance
with the provisions of section 21(b) of title 13, United States
Code, as amended by subsection (a).
(2) Interim role of current director of the census after
date of enactment.--If, as of January 1, 2012, the initial
Director of the Bureau of the Census has not taken office, the
officer serving on December 31, 2011, as Director of the Census
(or Acting Director of the Census, if applicable) in the
Department of Commerce--
(A) shall serve as the Director of the Bureau of
the Census;
(B) shall assume the powers and duties of such
Director, until the initial Director has taken office;
and
(C) shall report directly to the Secretary of
Commerce.
(c) Clerical Amendment.--The item relating to section 21 in the
table of sections for chapter 1 of title 13, United States Code, is
amended to read as follows:
``21. Director of the Census; Deputy Director of the Census; authority
and duties.''.
(d) Technical and Conforming Amendments.--Not later than January 1,
2011, the Secretary of Commerce, in consultation with the Director of
the Census, shall submit to each House of the Congress draft
legislation containing any technical and conforming amendments to title
13, United States Code, and any other provisions which may be necessary
to carry out the purposes of this Act.
SEC. 3. INTERNET RESPONSE OPTION.
Not later than 180 days after the date of the enactment of this
Act, the Director of the Census, shall provide a plan to Congress on
how the Bureau of the Census will test, develop, and implement an
Internet response option for the 2020 Census and the American Community
Survey. The plan shall include a description of how and when
feasibility will be tested, the stakeholders to be consulted, when and
what data will be collected, and how data will be protected.
SEC. 4. ANNUAL REPORTS.
(a) In General.--Subchapter I of chapter 1 of title 13, United
States Code, is amended by adding at the end the following new section:
``Sec. 17. Annual reports
``(a) Not later than the date of the submission of the President's
budget request for a fiscal year under section 1105 of title 31, the
Director of the Census shall submit to the appropriate congressional
committees a comprehensive status report on the next decennial census,
beginning with the 2020 decennial census. Each report shall include the
following information:
``(1) A description of the Bureau's performance goals for
each significant decennial operation, including the performance
measures for each operation.
``(2) An assessment of the risks associated with each
significant decennial operation, including the
interrelationships between the operations and a description of
relevant mitigation plans.
``(3) Detailed milestone estimates for each significant
decennial operation, including estimated testing dates, and
justification for any changes to milestone estimates.
``(4) Updated cost estimates for the life cycle of the
decennial census, including sensitivity analysis and an
explanation of significant changes in the assumptions on which
such cost estimates are based.
``(5) A detailed description of all contracts over
$50,000,000 entered into for each significant decennial
operation, including--
``(A) any changes made to the contracts from the
previous fiscal year;
``(B) justification for the changes; and
``(C) actions planned or taken to control growth in
such contract costs.
``(b) For purposes of this section, the term `significant decennial
operation' includes any program or information technology related to--
``(1) the development of an accurate address list;
``(2) data collection, processing, and dissemination;
``(3) recruiting and hiring of temporary employees;
``(4) marketing, communications, and partnerships; and
``(5) coverage measurement.''.
(b) Clerical Amendment.--The table of sections for chapter 1 of
title 13, United States Code, is amended by inserting after the item
relating to section 16 the following new item:
``17. Annual reports.''.
(c) Effective Date.--The amendments made by this section shall
apply to budget requests for fiscal years beginning after September 30,
2010. | Census Oversight Efficiency and Management Reform Act of 2010 - Requires the individual appointed as Director of the Census to have a demonstrated ability in management and experience in the collection, analysis, and use of statistical data.
Provides that: (1) the Director shall report directly to the Secretary of Commerce; and (2) no U.S. officer or agency shall have authority to require the Director to submit legislative recommendations, testimony, or comments for review prior to the submission to Congress if such submission includes a statement indicating that the views expressed are those of the Bureau of the Census and do not necessarily represent the views of the President.
Requires the term of office of the Director to be five years and to begin on January 1, 2012, and every fifth year thereafter. Prohibits an individual from serving more than two full terms as Director. Sets forth provisions governing: (1) vacancies in and removal from office; and (2) the authorities and duties of the Director. Establishes the position of Deputy Director of the Census.
Requires the Director to: (1) provide a plan to Congress on how the Bureau will test, develop, and implement an Internet response option for the 2020 Census and the American Community Survey; and (2) submit to the appropriate congressional committees, by the date of submission of the President's budget request for a fiscal year, a comprehensive status report on the next decennial census. | To amend title 13 of the United States Code to provide for a 5-year term of office for the Director of the Census and to provide for the authority and duties of the Director and Deputy Director of the Census, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korea Sanctions Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) North Korean negotiators in the Six-Party diplomatic
process did not act in good faith by their refusal to agree to
a transparent verification process for denuclearization
consistent with ``international standards'', including
provisions for nuclear sampling, following North Korea's
removal on October 11, 2008, from the list of state sponsors of
terrorism maintained by the Department of State.
(2) International press reports indicate that North Korea
has continued to provide support to Iran in the areas of
missile technology and nuclear development and has provided
Iran's surrogates, Hezbollah and Hamas, with both missile
technology and training in tunneling techniques with which to
attack Israel, an ally of the United States.
(3) International press reports indicate that North Korea
was engaged for a number of years in assistance to Syria in the
construction of a nuclear reactor in the Syrian desert which
was destroyed in a strike by Israeli forces on September 6,
2007.
(4) North Korean negotiators continue to refuse to address
in a humane and sincere manner the issue of the abduction of
civilians of Japan and the Republic of Korea, both allies of
the United States, as well as the abductions of citizens from a
number of other countries, including France, Lebanon, Romania,
and Thailand.
(5) Defectors coming out of North Korea have provided
testimony that United States permanent resident, Reverend Kim
Dong-shik, the spouse and father of United States citizens, was
tortured and murdered inside North Korea after his abduction by
Pyongyang's agents on the Chinese border in January 2000 and
that his remains are currently being held at a military
facility inside North Korea.
(6) Congress authoritatively expressed its view, in section
202(b)(2) of the North Korean Human Rights Act of 2004 (Public
Law 108-333; 22 U.S.C. 24 7832(b)(2)) that ``United States
nonhumanitarian assistance to North Korea shall be contingent
on North Korea's substantial progress'' on human rights
improvements, release of and accounting for abductees, family
reunification, reform of North Korea's labor camp system, and
the decriminalization of political expression, none of which
has occurred.
(7) Congress further authoritatively expressed its view, in
section 2 of the North Korean Human Rights Reauthorization Act
of 2008 (Public Law 110-346) that ``human rights and
humanitarian conditions inside North Korea are deplorable'' and
that ``North Korean refugees remain acutely vulnerable''.
(8) Congress has determined that any missile test or launch
conducted by North Korea would be in direct violation of United
Nations Security Council resolution 1695, adopted on July 16,
2006, which ``condemns the multiple launches by the DPRK (North
Korea) of ballistic missiles on July 5, 2006, local time'', and
United Nations Security Council resolution 1718, adopted on
October 9, 2006, which ``demands that the DPRK (North Korea)
not conduct any further nuclear test or launch of a ballistic
missile'' and ``decides that the DPRK shall suspend all
activities related to its ballistic missile programme and in
this context re-establish its pre-existing commitments to a
moratorium on missile launching'', and further determines that
the resulting sanctions imposed under such resolution 1718
would again come into full effect following a missile test or
launch.
(9) Congress has further determined that a return by North
Korea to the Six-Party diplomatic process following any missile
test or launch by Pyongyang must include a firm and transparent
commitment to the complete, verifiable and irreversible
dismantlement of all of North Korea's nuclear programs,
including those derived both from plutonium as well as highly
enriched uranium.
(10) Japanese press reports have indicated that a
delegation of approximately fifteen Iranian missile experts
have arrived in North Korea in March 2009 ``to help Pyongyang
prepare for a rocket launch'', including senior officials with
the Iranian rocket and satellite producer Shahid Hemmat
Industrial Group, and that they brought with them a letter from
their President Mahmoud Ahmadinejad to North Korean leader Kim
Jong-Il stressing the importance of cooperating on space
technology.
SEC. 3. LISTING OF NORTH KOREA AS STATE SPONSOR OF TERRORISM.
(a) In General.--Except as provided under subsection (b), the
Secretary of State shall designate the Democratic People's Republic of
North Korea as a country that has repeatedly provided support for acts
of international terrorism for purposes of section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)); section 40 of the
Arms Export Control Act (22 U.S.C. 2780); and section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371).
(b) Waiver.--The President may waive the requirement to make the
designation under subsection (a) upon certifying to Congress that the
Government of North Korea--
(1) has provided a full, complete, and accurate disclosure
of all aspects of its nuclear program, including its uranium
enrichment capabilities;
(2)(A) has not, in the previous 5 years, engaged in the
illegal transfer of missile or nuclear technology, particularly
to the governments of Iran, Syria, or any other country, the
government of which the Secretary of State has determined, for
purposes of section 6(j) of the Export Administration Act of
1979 (as continued in effect pursuant to the International
Emergency Economic Powers Act), section 40 of the Arms Export
Control Act, section 620A of the Foreign Assistance Act of
1961, or other provision of law, is a government that has
repeatedly provided support for international acts of
terrorism; and
(B) has fully disclosed all proliferation activities in the
past 10 years, which if occurring today, would violate United
Nations Security Council Resolution 1718 (2006);
(3) has not, in the previous 5 years, engaged in training
in combat operations or tunneling, or harboring, supplying,
financing, or supporting in any way--
(A) Hamas, Hezbollah, the Japanese Red Army, or any
member of such organizations;
(B) any organization designated by the Secretary of
State as a foreign terrorist organization in accordance
with section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)); and
(C) any person included on the annex to Executive
Order 13224 (September 21, 2001) and any other person
identified under section 1 of that Executive Order
whose property and interests are blocked by that
section (commonly known as a ``specially designated
global terrorist'');
(4) has--
(A) released United States citizens Euna Lee and
Laura Ling, who were working as journalists reporting
on refugees on the North Korean border of China when
they were detained by North Korean guards on March 17,
2009; and
(B) returned the last remains of United States
permanent resident, Reverend Kim Dong-shik, to his
United States citizen widow, family, and church
members, so that he may be provided with a proper
Christian burial in Chicago;
(5) has released the Japanese nationals recognized as
abduction victims by the Government of Japan as well as
abduction victims recognized by the Government of the Republic
of Korea;
(6) has released an estimated 600 surviving South Korean
POWs, and any other surviving POWs from the Korean War, who
have been held in North Korea against their will and in
violation of the Armistice Agreement since hostilities ended in
July 1953;
(7) has opened the North Korean penal system, including the
gulag of concentration camps holding an estimated 200,000
political and religious prisoners, to unrestricted and regular
visits by representatives of the International Committee of the
Red Cross;
(8) has made provision for unrestricted and regular access
by representatives of the United National High Commissioner for
Refugees to refugees forcibly repatriated to North Korea to
determine their general health and welfare; and
(9) has ceased threatening to commit terrorist acts in its
public statements and state owned media and has issued public
assurances that the Government will not sponsor or commit
terrorism again.
SEC. 4. STATEMENT OF POLICY ON HUMAN RIGHTS IN NORTH KOREA.
Section 101 of the North Korean Human Rights Act of 2004 (22 U.S.C.
7811) is amended--
(1) in the section heading, by striking ``sense of
congress'' and inserting ``statement of policy''; and
(2) by striking ``It is the sense of Congress'' and
inserting ``It is the policy of the United States''.
SEC. 5. ROLE OF SPECIAL ENVOY FOR NORTH KOREAN HUMAN RIGHTS IN
NEGOTIATIONS WITH NORTH KOREA.
It is the sense of Congress that the Special Envoy for Human Rights
in North Korea should be present at all negotiating sessions between
the United States Government and the Government of North Korea. | North Korea Sanctions Act of 2009 - Directs the Secretary of State to designate the Democratic People's Republic of North Korea as a country that has repeatedly provided support for acts of international terrorism for specified purposes under the Export Administration Act of 1979, the Arms Export Control Act, and the Foreign Assistance Act of 1961.
Authorizes the President to waive such requirement upon a certification to Congress that North Korea has taken certain actions regarding: (1) nuclear program and proliferation disclosures; (2) the illegal transfer of missile or nuclear technology; (3) support of international terrorist groups; and (4) prisoner release.
Expresses the sense of Congress that the Special Envoy for Human Rights in North Korea should be present at all negotiating sessions between the governments of the United States and North Korea. | A bill to require that North Korea be listed as a state sponsor of terrorism, to ensure that human rights is a prominent issue in negotiations between the United States and North Korea, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legislative Branch Officer
Appointment Act of 2005''.
SEC. 2. ARCHITECT OF THE CAPITOL.
(a) Appointment and Term of Service.--
(1) Appointment.--The Architect of the Capitol shall be
appointed jointly by the Speaker of the House of
Representatives, the Majority Leader of the Senate, and the
Minority Leaders of the House of Representatives and Senate.
(2) Term of service.--The Architect of the Capitol shall be
appointed for a term of 10 years, and may be reappointed for
additional terms.
(3) Conforming amendment.--Section 319 of the Legislative
Branch Appropriations Act, 1990 (2 U.S.C. 1801) is repealed.
(4) Effective date.--This subsection shall apply with
respect to appointments made on or after the date of the
enactment of this Act.
(b) Limit on Total Annual Amount of Compensation.--
(1) Limit.--Section 1(1) of Public Law 96-146 (2 U.S.C.
1802) is amended to read as follows:
``(1) the compensation of the Architect of the Capitol
shall be at an annual rate which is equal to the higher of the
annual salary for the Sergeant at Arms of the House of
Representatives or the annual salary for the Sergeant at Arms
of the Senate, and the total amount of compensation paid to the
Architect of the Capitol in any year, including salary and any
other payments (but excluding the value of any retirement,
health, or other benefits), may not exceed the annual rate of
pay for a Member of Congress for the year, and''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to compensation paid for any period
beginning on or after the date of the enactment of this Act.
SEC. 3. COMPTROLLER GENERAL.
(a) Appointment and Term of Service.--
(1) Appointment.--Section 703(a) of title 31, United States
Code, is amended to read as follows:
``(a) The Comptroller General shall be appointed jointly by the
Speaker of the House of Representatives, the Majority Leader of the
Senate, and the Minority Leaders of the House of Representatives and
Senate.''.
(2) Term of service.--Section 703(b) of such title is
amended by striking ``15 years'' and inserting ``10 years''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to appointments made, and to
individuals first appointed, on or after the date of the
enactment of this Act.
(b) Limit on Total Annual Amount of Compensation.--
(1) Limit.--Section 703(f) of such title is amended--
(A) by striking ``(f) The annual rate'' and
inserting ``(f)(1) The annual rate'';
(B) by striking ``(1)'' and ``(2)'' and inserting
``(A)'' and ``(B)''; and
(C) by adding at the end the following new
paragraph:
``(2) Notwithstanding any other provision of law, the total
amount of compensation paid to the Comptroller General in any
year, including salary and any other payments (but excluding
the value of any retirement, health, or other benefits), may
not exceed the annual rate of pay for a Member of Congress for
the year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to compensation paid for any period
beginning on or after the date of the enactment of this Act.
(c) Equalization of Retirement Annuity.--
(1) In general.--Section 772 of title 31, United States
Code, is repealed.
(2) Conforming amendments.--Title 31, United States Code,
is amended as follows:
(A) In section 735(a), by striking ``772, 775(a)
and (d)'' and inserting ``or 775(b)''.
(B) In the second sentence of section 773(a), by
striking ``or if an election is made'' and all that
follows and inserting a period.
(C) In section 774(b)(2), by striking ``or while
receiving an annuity under section 772 of this title''.
(D) In section 775--
(i) by striking subsections (a) and (b) and
redesignating subsections (c) through (f) as
subsections (a) through (d);
(ii) in subsection (a) (as so
redesignated)--
(I) by striking ``sections 772 and
773'' and inserting ``section 773'',
and
(II) by striking ``subsection (d)''
and inserting ``subsection (b)'';
(iii) in subsection (c) (as so
redesignated), by striking ``subsection (c) or
(d)'' and inserting ``subsection (a) or (b)'';
and
(iv) in subsection (d) (as so
redesignated)--
(I) by striking ``sections 772 and
773'' and inserting ``section 773'',
and
(II) by striking ``subsection (d)''
and inserting ``subsection (b)''.
(E) In section 776(d)(1), by striking ``section
775(d)'' and inserting ``section 775(b)''.
(F) In section 777(b), by striking the first
sentence.
(3) Clerical amendment.--The table of sections for
subchapter V of chapter 7 of subtitle I of title 31, United
States Code, is amended by striking the item relating to
section 772.
SEC. 4. LIBRARIAN OF CONGRESS.
(a) Appointment and Term of Service.--
(1) Appointment; rules and regulations.--The Librarian of
Congress shall be appointed jointly by the Speaker of the House
of Representatives, the Majority Leader of the Senate, and the
Minority Leaders of the House of Representatives and Senate.
The Librarian shall make rules and regulations for the
government of the Library of Congress.
(2) Term of service.--The Librarian of Congress shall be
appointed for a term of 10 years, and may be reappointed for
additional terms.
(3) Conforming amendment.--The first paragraph under the
heading ``Library of Congress'' in the first section of the Act
entitled ``An Act making appropriations for the legislative,
executive, and judicial expenses of the Government for fiscal
year ending June thirtieth, eighteen hundred and ninety-eight,
and for other purposes'', approved February 19, 1897 (29 Stat.
546; 2 U.S.C. 136), is repealed.
(4) Effective date.--This subsection and the amendments
made by this subsection shall apply with respect to
appointments made on or after the date of the enactment of this
Act.
(b) Limit on Total Annual Amount of Compensation.--
(1) Limit.--Section 904 of the Supplemental Appropriations
Act, 1983 (2 U.S.C. 136a-2) is amended--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) the total amount of compensation paid to the
Librarian of Congress in any year, including salary and any
other payments (but excluding the value of any retirement,
health, or other benefits), may not exceed the annual rate of
pay for a Member of Congress for the year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to compensation paid for any period
beginning on or after the date of the enactment of this Act. | Legislative Branch Officer Appointment Act of 2005 - Establishes a uniform appointment process and term of service for the Architect of the Capitol (AOC), the Comptroller General, and the Librarian of Congress. Prohibits the annual compensation paid to such officers from exceeding the annual salary of a Member of Congress.
Reduces the term of service of the Comptroller General from 15 to 10 years.
Repeals federal law regarding the Comptroller General's retirement annuity. | To establish a uniform appointment process and term of service for the Architect of the Capitol, the Comptroller General, and the Librarian of Congress, to prohibit the annual amount of payment of compensation to such officers to exceed the annual salary of a Member of Congress, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetes Self-Management Training
Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Diabetes is the fifth leading cause of death in the
United States. Over 17,000,000 Americans (6.2 percent of the
population) currently are living with diabetes, a number that
is estimated to increase to 29,000,000 by the year 2050. In
2002, diabetes accounted for $132,000,000,000 in direct and
indirect health care costs. Diabetes is widely recognized as
one of the top public health threats facing our nation today.
(2) Diabetes can occur in 2 forms--type 1 diabetes is
caused by the body's inability to produce insulin, a hormone
that allows glucose or sugar to enter and fuel cells, and type
2 diabetes, which occurs when the body fails to make enough
insulin, or fails to properly use it. People with type 1
diabetes are required to take daily insulin injections to stay
alive. While some people with type 2 diabetes need insulin
shots, others with type 2 diabetes can control their diabetes
through healthy diet, nutrition, and lifestyle changes. Type 2
diabetes accounts for up to 95 percent of all diabetes cases
affecting 8 percent of the population age 20 and older. The
prevalence of type 2 diabetes has tripled in the last 30 years,
with much of that increase due to an upsurge in obesity.
(3) The Diabetes Prevention Program study in 2002 found
that participants (all of whom were at increased risk of
developing type 2 diabetes) who made lifestyle changes reduced
their risk of getting type 2 diabetes by 58 percent.
(4) Diabetes self-management training (DSMT) also called
diabetes education, provides knowledge and skill training to
patients with diabetes, helping them identify barriers,
facilitate problem solving, and develop coping skills to
effectively manage their diabetes. Unlike many other diseases,
diabetes requires constant vigilance on the part of the patient
and demands far more than just taking pills or insulin shots. A
certified diabetes educator is a health care professional--
often a nurse, dietitian, or pharmacist, who specializes in
helping people with diabetes develop the self-management skills
needed to stay healthy and avoid costly acute complications and
emergency care, as well as debilitating secondary conditions
caused by diabetes.
(5) There are currently over 13,000 diabetes educators in
the United States, most of whom are certified diabetes
educators (CDEs). To earn a CDE designation, a health care
professional must be licensed or have received a masters degree
in a relevant public health concentration, have completed 2
years of professional practice experience in diabetes self-
management training, and have provided a minimum of 1000 hours
of diabetes self-management training. Many other health care
professionals that are able to bill for diabetes education
through the medicare program have far less experience or
ability to provide the skilled expertise to help people with
diabetes self-manage the disease. CDEs are the best trained
health care professionals to provide DSMT and their experience
and background is in stark contrast to the 12 hours of
continuing education that non-physician health care providers
or suppliers must obtain every 2 years, as required by the
Centers for Medicare & Medicaid Services.
(6) CDEs represent the only group of health care
professionals who provide diabetes self-management training
that have not been recognized as health care providers and are
therefore precluded from directly billing the medicare program
for DSMT. Adding CDEs as providers to that program would give
diabetes patients access to the care they need.
SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS MEDICARE
PROVIDERS FOR PURPOSES OF DIABETES OUTPATIENT SELF-
MANAGEMENT TRAINING SERVICES.
(a) In General.--Section 1861(qq) of the Social Security Act (42
U.S.C. 1395x(qq)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by inserting ``and
includes a certified diabetes educator (as defined in
paragraph (3)) who is recognized by the National
Certification Board of Diabetes Educators and is
working within a recognized diabetes education
program'' before the semicolon at the end; and
(B) in subparagraph (B), by inserting before the
period at the end the following: ``or is a certified
diabetes educator (as so defined) who is recognized by
the National Certification Board of Diabetes Educators
and is working within a recognized diabetes education
program''; and
(2) by adding at the end the following:
``(3) For purposes of paragraph (2), the term `certified diabetes
educator' means an individual who--
``(A) is a health care professional who specializes in
helping individuals with diabetes develop the self-management
skills needed to overcome the daily challenges and problems
caused by the disease;
``(B) is a licensed nurse, occupational therapist,
optometrist, pharmacist, physical therapist, physician
assistant, podiatrist, a registered dietitian, or has an
advanced degree in nutrition, social work, clinical psychology,
exercise physiology, health education or a related public
health area such as health education, health promotion, health
and social behavior or health communication;
``(C) has at least 2 years of professional practice
experience in diabetes self-management training;
``(D) has provided a minimum of 1000 hours of diabetes
self-management training to patients within the most recent 5
years; and
``(E) has passed a certification exam approved by the
National Certification Board of Diabetes Educators.''.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study to determine the barriers, if any, that
exist in rural areas to successfully becoming a recognized
diabetes education program, including the difficulty of rural
health care professionals in becoming certified diabetes
educators (as defined in section 1861(qq)(3) of the Social
Security Act (as added by subsection (a)(2))), and whether
individuals with diabetes who live in rural areas have barriers
to accessing diabetes self-management training.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report to Congress regarding the study
conducted under paragraph (2).
(c) Effective Date.--The amendments made by subsection (a) apply to
diabetes outpatient self-management training services furnished on or
after October 1, 2003. | Diabetes Self-Management Training Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act to provide for the recognition of certified diabetes educators as Medicare providers for purposes of diabetes outpatient self-management training services.
Directs the Comptroller General to study and report to Congress on: (1) the barriers, if any, that exist in rural areas to successfully becoming a recognized diabetes education program, including the difficulty of rural heath care professionals in becoming certified diabetes educators; and (2) whether individuals with diabetes who live in rural areas have barriers to accessing diabetes self-management training. | To amend title XVIII of the Social Security Act to improve access to diabetes self-management training by designating certified diabetes educators recognized by the National Certification Board of Diabetes Educators as certified providers for purposes of outpatient diabetes education services under part B of the Medicare Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America Realizing the Informational
Skills and Initiative of New Graduates Act of 2014'' or ``America
RISING Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Bureau of Labor Statistics, in 2012
the national unemployment rate for individuals ages 25 years
and older with a bachelor's degree was 4.5 percent and 6.2
percent for individuals with an associate's degree. For college
graduates ages 18 to 25 the national unemployment rate in 2012
was higher at 7.7 percent. Because the typical college
graduates leaves college owing an average of $29,400 in student
loan debt, a rate that has increased 6 percent every year since
2008, the current job market offers exceedingly few
opportunities for such graduates to obtain employment at a
salary adequate to service their college loan debt.
(2) There are more than 26 million small businesses in the
United States. In the current economic climate, these small
businesses are experiencing difficulty in finding the resources
needed to increase sales, modernize operations, and hire new
employees.
(3) Recent college graduates need the experience that can
be obtained only in the workplace to refine their skills and
develop the entrepreneurial qualities that can lead to the
creation of new businesses and jobs.
(4) Existing small businesses, and companies will benefit
from the information and technology skills possessed by many of
the Nation's recent college graduates.
(5) Enabling recent college graduates to obtain employment
with small businesses benefits the national economy by
providing such businesses the human capital and technical
expertise needed to compete and win in the global economy of
the 21st century.
SEC. 3. ESTABLISHMENT OF AMERICA RISING PROGRAM.
(a) Establishment.--The Secretary of Labor and the Secretary of
Education shall, jointly, establish a program under which--
(1) grants are paid to eligible employers to defray the
cost of compensation paid by such employers to recent college
graduates; and
(2) grants are paid to recent college graduates to enable
such graduates to defray the cost of undertaking further
postsecondary courses at an institution of higher education for
up to 24 months in subjects relating to mathematics, science,
engineering, or technology.
(b) Terms and Conditions.--
(1) In general.--A grant under this section may be made on
such terms and conditions as the Secretary may determine.
(2) Deferral of federal student loan obligations.--Each
recent college graduate participating in the program under this
section (by benefitting from a grant awarded under paragraph
(1), or receiving a grant under paragraph (2), of subsection
(a)) may defer payment on Federal student loans made to the
graduate under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) for the period of the graduate's
participation in the program.
(3) Grants to eligible employers.--With respect to a grant
awarded under subsection (a)(1)--
(A) an eligible employer--
(i) may use the grant to defray the cost of
compensation for not more than 2 recent college
graduates; and
(ii) shall provide a compensation amount to
each recent college graduate participating in
the program that is equal to or greater than
the grant amount received by the employer for
the graduate; and
(B) the Secretary may not award an eligible
employer more than $25,000 per recent college graduate.
(4) Grants to recent college graduates.--With respect to a
grant awarded under subsection (a)(2) to a recent college
graduate, the graduate shall be eligible to receive Federal
student aid under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.) without regard to whether the graduate
has been or is delinquent on any Federal student loans made to
the graduate under such title IV (20 U.S.C. 1070 et seq.).
(c) Definitions.--In this section:
(1) Eligible employer.--The term ``eligible employer''
means an employer that--
(A) is a small business concern; or
(B) is a major corporation that has an operation
located in--
(i) an enterprise zone; or
(ii) an area in which, according to the
most recent data available, the unemployment
rate exceeds the national average unemployment
rate by more than two percentage points.
(2) Enterprise zone.--The term ``enterprise zone'' has the
meaning given the term ``HUBzone'' in section 3 of the Small
Business Act (15 U.S.C. 632).
(3) Institution of higher education.--Except as provided in
paragraph (3)(B), the term ``institution of higher education''
has the meaning given the term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(4) Major corporation.--The term ``major corporation''
means an employer that earns an annual revenue of not less than
$5,000,000 and employs not less than 50 employees.
(5) Recent college graduate.--
(A) In general.--The term ``recent college
graduate'' means an individual who--
(i) who has received a baccalaureate or
associate degree from an institution of higher
education on or after the date that is 24
months before the grant benefitting the
graduate is awarded under this section; and
(ii) who has not previously received any
such baccalaureate or associate degree.
(B) Institution of higher education.--In
subparagraph (A), the term ``institution of higher
education'' has the meaning given such term in section
102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
(6) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3 of the
Small Business Act (15 U.S.C. 632).
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this Act $100,000,000 for each of the fiscal years
2015, 2016, and 2017.
(2) Availability.--Funds appropriated under paragraph (1)
shall remain available until expended. | America Realizing the Informational Skills and Initiative of New Graduates Act of 2014 or the America RISING Act of 2014 - Directs the Secretary of Labor and the Secretary of Education to jointly establish a program providing grants to: eligible employers to defray the cost of compensation they pay to recent graduates from institutions of higher education (IHEs); and such graduates to enable them to defray the cost of undertaking further postsecondary education at an IHE for up to 24 months in subjects relating to mathematics, science, engineering, or technology. Defines an "eligible employer" as a small business concern or a major corporation that has an operation located in an enterprise zone or in an area in which the unemployment rate exceeds the national average unemployment rate by more than 2%. Allows college graduates who are participating in the program, either as grantees or beneficiaries of grants to their employers, to defer payment on their federal student loans under title IV (Student Assistance) of the Higher Education Act of 1965 until their participation in the program ends. Requires graduates who are awarded a program grant to be eligible to receive federal student aid under title IV without regard to whether they have been or are delinquent on title IV loans. | America RISING Act of 2014 |
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