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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rim of the Valley Corridor
Preservation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Santa Monica Mountains National Recreation Area was
authorized as a unit of the National Park System on November
10, 1978;
(2) the Santa Monica Mountains and the Rim of the Valley
Corridor include a diverse range of nationally significant
natural and cultural resources;
(3) expanding the Santa Monica Mountains National
Recreation Area would provide new opportunities for the
National Park Service to serve a broad range of urban
communities, including many communities that are--
(A) underrepresented in units of the National Park
System; and
(B) underserved by State and local parks;
(4) the Santa Susana Field Laboratory is located in the
Simi Hills in southeastern Ventura County, California, within
the external boundaries of the Rim of the Valley Corridor;
(5) activities at the Santa Susana Field Laboratory have--
(A) included rocket engine testing and research and
development of fuels, propellants, nuclear power, and
lasers; and
(B) resulted in releases of radioactive and
hazardous substances into the environment that require
cleanup;
(6) in 2010, the California Department of Toxic Substances
Control, the Department of Energy, and the National Aeronautics
and Space Administration entered into administrative orders on
consent for the cleanup of contamination in soil to background
levels on the portions of the Santa Susana Field Laboratory
covered by the orders, with certain limited specified
exceptions; and
(7) Congress expects that a comparable cleanup will occur
on the remaining portion of the Santa Susana Field Laboratory,
such that the cleanup on the remaining portion will be
protective of all allowable uses under Ventura County,
California, zoning and general plan designations for the Santa
Susana Field Laboratory in effect as of December 7, 2016.
SEC. 3. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION.
(a) Boundary Adjustment.--Section 507(c)(1) of the National Parks
and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is amended, in the
first sentence, by striking ```Santa Monica Mountains National
Recreation Area and Santa Monica Mountains Zone, California, Boundary
Map', numbered 80,047-C and dated August 2001'' and inserting ```Rim of
the Valley Unit_Santa Monica Mountains National Recreation Area' and
dated June 2016''.
(b) Rim of the Valley Unit.--Section 507 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460kk) is amended by adding at the
end the following:
``(u) Rim of the Valley Unit.--
``(1) Definitions.--In this subsection:
``(A) State.--The term `State' means the State of
California.
``(B) Unit.--The term `Unit' means the Rim of the
Valley Unit included within the boundaries of the
recreation area, as depicted on the map described in
subsection (c)(1).
``(C) Utility facility.--The term `utility
facility' means--
``(i) electric substations, communication
facilities, towers, poles, and lines;
``(ii) ground wires;
``(iii) communications circuits;
``(iv) other utility structures; and
``(v) related infrastructure.
``(D) Water resource facility.--The term `water
resource facility' means--
``(i) irrigation and pumping facilities;
``(ii) dams and reservoirs;
``(iii) flood control facilities;
``(iv) water conservation works, including
debris protection facilities, sediment
placement sites, rain gauges, and stream
gauges;
``(v) water quality, recycled water, and
pumping facilities;
``(vi) conveyance distribution systems;
``(vii) water treatment facilities;
``(viii) aqueducts;
``(ix) canals;
``(x) ditches;
``(xi) pipelines;
``(xii) wells;
``(xiii) hydropower projects;
``(xiv) transmission facilities; and
``(xv) other ancillary facilities,
groundwater recharge facilities, water
conservation, water filtration plants, and
other water diversion, conservation,
groundwater recharge, storage, and carriage
structures.
``(2) Boundary revision.--Not later than 3 years after the
date of enactment of this subsection, the Secretary shall
update the general management plan for the recreation area to
reflect the boundaries designated on the map referred to in
subsection (c)(1) to include the area known as the `Rim of the
Valley Unit'.
``(3) Administration.--Subject to valid existing rights,
the Secretary shall administer the Unit and any land or
interest in land acquired by the United States and located
within the boundaries of the Unit--
``(A) as part of the recreation area; and
``(B) in accordance with--
``(i) this section; and
``(ii) applicable laws (including
regulations).
``(4) Acquisition of land.--
``(A) In general.--The Secretary may acquire non-
Federal land within the boundaries of the Unit only
through exchange, donation, or purchase from a willing
seller.
``(B) Use of eminent domain.--Nothing in this
subsection authorizes the use of eminent domain to
acquire land or interests in land within the boundaries
of the Unit.
``(5) Outside activities.--The fact that certain activities
or land uses can be seen or heard from within the Unit shall
not preclude the activities or land uses outside the boundary
of the Unit.
``(6) Exclusion of certain land.--Notwithstanding any other
provision of law, no portion of the Santa Susana Field
Laboratory shall be considered for inclusion in the Unit until
the later of the date on which--
``(A) cleanup of soil at the Santa Susana Field
Laboratory has been completed in full compliance with
the cleanup standards specified in the administrative
orders on consent entered into by the California
Department of Toxic Substances Control, the Department
of Energy, and the National Aeronautics and Space
Administration on December 6, 2010, as the cleanup
standards are defined in the orders on that date, such
that all contamination in soil is cleaned up to
background levels; and
``(B) cleanup of soil for any portion of the Santa
Susana Field Laboratory not covered by the orders
described in subparagraph (A) that is comparable to the
cleanup required for the portions of the laboratory
under the orders has been completed in a manner that
meets the cleanup standards for all allowable uses in
the Ventura County, California, zoning and general plan
land use designations for the Santa Susana Field
Laboratory in effect as of December 7, 2016.
``(7) Effect of subsection.--Nothing in this subsection or
the application of the applicable management plan to the Unit--
``(A) modifies any provision of Federal, State, or
local law with respect to public access to, or use of,
non-Federal land;
``(B) creates any liability, or affects any
liability under any other law, of any private property
owner or other owner of non-Federal land with respect
to any person injured on private property or other non-
Federal land;
``(C) allows for the creation of protective
perimeters or buffer zones outside of the Unit;
``(D) affects the ownership, management, or other
rights relating to any non-Federal land (including any
interest in any non-Federal land);
``(E) requires any unit of local government to
participate in any program administered by the
Secretary;
``(F) alters, modifies, or diminishes any right,
responsibility, power, authority, jurisdiction, or
entitlement of the State, any political subdivision of
the State, or any State or local agency under existing
Federal, State, or local law (including regulations);
``(G) requires or promotes the use of, or
encourages trespass on, land, facilities, and rights-
of-way owned by non-Federal entities, including water
resource facilities and public utilities, without the
written consent of the owner of the land;
``(H) affects the operation, maintenance,
modification, construction, or expansion of any water
resource facility or utility facility located within or
adjacent to the Unit;
``(I) terminates the fee title to land, or the
customary operation, maintenance, repair, and
replacement activities on or under the land, granted to
public agencies that are authorized under Federal or
State law; or
``(J) interferes with, obstructs, hinders, or
delays the exercise of any right to or access to any
water resource facility or other facility or property
necessary or useful to access any water right to
operate any public water or utility system.
``(8) Utility facilities; water resource facilities.--A
utility facility or water resource facility shall conduct
activities in a manner that reasonably avoids or reduces the
impact of the activities on the resources of the Unit.''. | Rim of the Valley Corridor Preservation Act This bill adjusts the boundary of the Santa Monica Mountains National Recreation Area in California as depicted on a specified map to include the area known as the Rim of the Valley Unit. The unit, and any lands or interests acquired by the United States and located within its boundaries, shall be administered as part of the recreation area. The Department of the Interior may acquire only through exchange, donation, or purchase from a willing seller any nonfederal land within the boundaries of the unit. Nothing in this bill authorizes the use of eminent domain to acquire lands or interests within the boundaries of the unit. No part of the Santa Susana Field Laboratory shall be considered for inclusion in the unit until specified cleanups of soil at the laboratory have been completed. | Rim of the Valley Corridor Preservation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Consumer Financial
Protection Regulations Act of 2013''.
SEC. 2. ESTABLISHMENT OF THE COMMISSION.
Section 1011 of the Consumer Financial Protection Act of 2010 is
amended--
(1) by striking subsections (b), (c), and (d);
(2) by redesignating subsection (e) as subsection (j); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Establishment of the Commission.--
``(1) In general.--There is hereby established a commission
(hereinafter referred to in this section as the `Commission')
that shall serve as the head of the Bureau.
``(2) Authority to prescribe regulations.--The Commission
may prescribe such regulations and issue such orders in
accordance with this title as the Commission may determine to
be necessary for carrying out this title and all other laws
within the Commission's jurisdiction and shall exercise any
authorities granted under this title and all other laws within
the Commission's jurisdiction.
``(c) Composition of the Commission.--
``(1) In general.--The Commission shall be composed of the
Vice Chairman for Supervision of the Federal Reserve System and
4 additional members who shall be appointed by the President,
by and with the advice and consent of the Senate, from among
individuals who--
``(A) are citizens of the United States; and
``(B) have strong competencies and experiences
related to consumer financial protection.
``(2) Staggering.--The members of the Commission appointed
under paragraph (1) shall serve staggered terms, which
initially shall be established by the President for terms of 1,
2, 4, and 5 years, respectively.
``(3) Terms.--
``(A) In general.--Each member of the Commission
appointed under paragraph (1), including the Chair,
shall serve for a term of 5 years.
``(B) Removal.--The President may remove any member
of the Commission appointed under paragraph (1).
``(C) Vacancies.--Any member of the Commission
appointed under paragraph (1) appointed to fill a
vacancy occurring before the expiration of the term to
which that member's predecessor was appointed
(including the Chair) shall be appointed only for the
remainder of the term.
``(D) Continuation of service.--Each member of the
Commission appointed under paragraph (1) may continue
to serve after the expiration of the term of office to
which that member was appointed until a successor has
been appointed by the President and confirmed by the
Senate, except that a member may not continue to serve
more than 1 year after the date on which that member's
term would otherwise expire.
``(E) Other employment prohibited.--No member of
the Commission appointed under paragraph (1) shall
engage in any other business, vocation, or employment.
``(d) Affiliation.--With respect to members appointed pursuant to
subsection (c)(1), not more than 2 shall be members of any one
political party.
``(e) Chair of the Commission.--
``(1) Appointment.--The Chair of the Commission shall be
appointed by the President from among the members of the
Commission appointed under subsection (c)(1).
``(2) Authority.--The Chair shall be the principal
executive officer of the Bureau, and shall exercise all of the
executive and administrative functions of the Bureau, including
with respect to--
``(A) the appointment and supervision of personnel
employed under the Bureau (other than personnel
employed regularly and full time in the immediate
offices of members of the Commission other than the
Chair);
``(B) the distribution of business among personnel
appointed and supervised by the Chair and among
administrative units of the Bureau; and
``(C) the use and expenditure of funds.
``(3) Limitation.--In carrying out any of the Chair's
functions under the provisions of this subsection the Chair
shall be governed by general policies of the Commission and by
such regulatory decisions, findings, and determinations as the
Commission may by law be authorized to make.
``(4) Requests or estimates related to appropriations.--
Requests or estimates for regular, supplemental, or deficiency
appropriations on behalf of the Commission may not be submitted
by the Chair without the prior approval of the Commission.
``(f) No Impairment by Reason of Vacancies.--No vacancy in the
members of the Commission shall impair the right of the remaining
members of the Commission to exercise all the powers of the Commission.
Three members of the Commission shall constitute a quorum for the
transaction of business, except that if there are only 3 members
serving on the Commission because of vacancies in the Commission, 2
members of the Commission shall constitute a quorum for the transaction
of business. If there are only 2 members serving on the Commission
because of vacancies in the Commission, 2 members shall constitute a
quorum for the 6-month period beginning on the date of the vacancy
which caused the number of Commission members to decline to 2.
``(g) Seal.--The Commission shall have an official seal.
``(h) Compensation.--
``(1) Chair.--The Chair shall receive compensation at the
rate prescribed for level I of the Executive Schedule under
section 5313 of title 5, United States Code.
``(2) Other members of the commission.--The 3 other members
of the Commission appointed under subsection (c)(1) shall each
receive compensation at the rate prescribed for level II of the
Executive Schedule under section 5314 of title 5, United States
Code.
``(i) Initial Quorum Established.--During any time period prior to
the confirmation of at least two members of the Commission, one member
of the Commission shall constitute a quorum for the transaction of
business. Following the confirmation of at least 2 additional
commissioners, the quorum requirements of subsection (f) shall
apply.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Consumer Financial Protection Act of 2010.--
(1) In general.--Except as provided under paragraph (2),
the Consumer Financial Protection Act of 2010 is amended--
(A) by striking ``Director of the'' each place such
term appears, other than where such term is used to
refer to a Director other than the Director of the
Bureau of Consumer Financial Protection;
(B) by striking ``Director'' each place such term
appears and inserting ``Bureau'', other than where such
term is used to refer to a Director other than the
Director of the Bureau of Consumer Financial
Protection; and
(C) in section 1002, by striking paragraph (10).
(2) Exceptions.--The Consumer Financial Protection Act of
2010 is amended--
(A) in section 1012(c)(4), by striking ``Director''
each place such term appears and inserting ``Commission
of the Bureau'';
(B) in section 1013(c)(3)--
(i) by striking ``Assistant Director of the
Bureau for'' and inserting ``Head of the Office
of''; and
(ii) in subparagraph (B), by striking
``Assistant Director'' and inserting ``Head of
the Office'';
(C) in section 1013(g)(2)--
(i) by striking ``Assistant director'' and
inserting ``Head of the office''; and
(ii) by striking ``an assistant director''
and inserting ``a Head of the Office of
Financial Protection for Older Americans'';
(D) in section 1016(a), by striking ``Director of
the Bureau'' and inserting ``Chair of the Commission'';
and
(E) in section 1066(a), by striking ``Director of
the Bureau is'' and inserting ``first member of the
Commission is''.
(b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The
Dodd-Frank Wall Street Reform and Consumer Protection Act is amended--
(1) in section 111(b)(1)(D), by striking ``Director'' and
inserting ``Chair of the Commission''; and
(2) in section 1447, by striking ``Director of the Bureau''
each place such term appears and inserting ``Bureau''.
(c) Electronic Fund Transfer Act.--Section 920(a)(4)(C) of the
Electronic Fund Transfer Act, as added by section 1075(a)(2) of the
Consumer Financial Protection Act of 2010, is amended by striking
``Director of the Bureau of Consumer Financial Protection'' and
inserting ``Bureau of Consumer Financial Protection''.
(d) Expedited Funds Availability Act.--The Expedited Funds
Availability Act, as amended by section 1086 of the Consumer Financial
Protection Act of 2010, is amended by striking ``Director of the
Bureau'' each place such term appears and inserting ``Bureau''.
(e) Federal Deposit Insurance Act.--Section 2 of the Federal
Deposit Insurance Act, as amended by section 336(a) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act, is amended by striking
``Director of the Consumer Financial Protection Bureau'' each place
such term appears and inserting ``Chair of the Commission of the Bureau
of Consumer Financial Protection''.
(f) Federal Financial Institutions Examination Council Act of
1978.--Section 1004(a)(4) of the Federal Financial Institutions
Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by
section 1091 of the Consumer Financial Protection Act of 2010, is
amended by striking ``Director of the Consumer Financial Protection
Bureau'' and inserting ``Chair of the Commission of the Bureau of
Consumer Financial Protection''.
(g) Financial Literacy and Education Improvement Act.--Section 513
of the Financial Literacy and Education Improvement Act, as amended by
section 1013(d)(5) of the Consumer Financial Protection Act of 2010, is
amended by striking ``Director'' each place such term appears and
inserting ``Chair of the Commission''.
(h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home
Mortgage Disclosure Act of 1975, as amended by section 1094(6) of the
Consumer Financial Protection Act of 2010, is amended by striking
``Director of the Bureau of Consumer Financial Protection'' each place
such term appears and inserting ``Bureau of Consumer Financial
Protection''.
(i) Interstate Land Sales Full Disclosure Act.--The Interstate Land
Sales Full Disclosure Act, as amended by section 1098A of the Consumer
Financial Protection Act of 2010, is amended--
(1) by amending section 1402(1) to read as follows:
``(1) `Chair' means the Chair of the Commission of the
Bureau of Consumer Financial Protection;''; and
(2) in section 1416(a), by striking ``Director of the
Bureau of Consumer Financial Protection'' and inserting
``Chair''.
(j) Real Estate Settlement Procedures Act of 1974.--Section 5 of
the Real Estate Settlement Procedures Act of 1974, as amended by
section 1450 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act, is amended--
(1) by striking ``The Director of the Bureau of Consumer
Financial Protection (hereafter in this section referred to as
the `Director')'' and inserting ``The Bureau of Consumer
Financial Protection''; and
(2) by striking ``Director'' each place such term appears
and inserting ``Bureau''.
(k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage
Licensing Act of 2008, as amended by section 1100 of the Consumer
Financial Protection Act of 2010, is amended--
(1) by striking ``Director'' each place such term appears
in headings and text, other than where such term is used in the
context of the Director of the Office of Thrift Supervision,
and inserting ``Bureau''; and
(2) in section 1503, by striking paragraph (10).
(l) Title 44, United States Code.--Section 3513(c) of title 44,
United States Code, as amended by section 1100D(b) of the Consumer
Financial Protection Act of 2010, is amended by striking ``Director of
the Bureau'' and inserting ``Bureau''. | Responsible Consumer Financial Protection Regulations Act of 2013 - Amends the Consumer Financial Protection Act of 2010, title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, to replace the position of Director of the Consumer Financial Protection Bureau (CFPB) with a five-member Commission composed of the Vice Chairman for Supervision of the Federal Reserve System and four additional members appointed by the President, by and with the advice and consent of the Senate, each to serve for a term of five years. Prohibits the Chair of the Commission from making requests for estimates related to appropriations without the Commission's prior approval. Makes technical and conforming amendments to related statutes. | Responsible Consumer Financial Protection Regulations Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kisatchie National Forest Land
Conveyance Act''.
SEC. 2. FINDING.
Congress finds that it is in the public interest to authorize the
conveyance of certain Federal land in the Kisatchie National Forest in
the State of Louisiana for market value consideration.
SEC. 3. DEFINITIONS.
In this Act:
(1) Collins camp properties.--The term ``Collins Camp
Properties'' means Collins Camp Properties, Inc., a corporation
incorporated under the laws of the State.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' means the State of
Louisiana.
SEC. 4. AUTHORIZATION OF CONVEYANCES, KISATCHIE NATIONAL FOREST,
LOUISIANA.
(a) Authorization.--
(1) In general.--Subject to valid existing rights and
subsection (b), the Secretary may convey the Federal land
described in paragraph (2) by quitclaim deed at public or
private sale, including competitive sale by auction, bid, or
other methods.
(2) Description of land.--The Federal land referred to in
paragraph (1) consists of--
(A) all Federal land within sec. 9, T. 10 N., R. 5
W., Winn Parish, Louisiana; and
(B) a 2.16-acre parcel of Federal land located in
the SW\1/4\ of sec. 4, T. 10 N., R. 5 W., Winn Parish,
Louisiana, as depicted on a certificate of survey dated
March 7, 2007, by Glen L. Cannon, P.L.S. 4436.
(b) First Right of Purchase.--Subject to valid existing rights and
section 6, during the 1-year period beginning on the date of enactment
of this Act, on the provision of consideration by the Collins Camp
Properties to the Secretary, the Secretary shall convey, by quitclaim
deed, to Collins Camp Properties all right, title and interest of the
United States in and to--
(1) not more than 47.92 acres of Federal land comprising
the Collins Campsites within sec. 9, T. 10 N., R. 5 W., in Winn
Parish, Louisiana, as generally depicted on a certificate of
survey dated February 28, 2007, by Glen L. Cannon, P.L.S. 4436;
and
(2) the parcel of Federal land described in subsection
(a)(2)(B).
(c) Terms and Conditions.--The Secretary may--
(1) configure the Federal land to be conveyed under this
Act--
(A) to maximize the marketability of the
conveyance; or
(B) to achieve management objectives; and
(2) establish any terms and conditions for the conveyances
under this Act that the Secretary determines to be in the
public interest.
(d) Consideration.--Consideration for a conveyance of Federal land
under this Act shall be--
(1) in the form of cash; and
(2) in an amount equal to the market value of the Federal
land being conveyed, as determined under subsection (e).
(e) Market Value.--The market value of the Federal land conveyed
under this Act shall be determined--
(1) in the case of Federal land conveyed under subsection
(b), by an appraisal that is--
(A) conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions; and
(B) approved by the Secretary; or
(2) if conveyed by a method other than the methods
described in subsection (b), by competitive sale.
(f) Hazardous Substances.--
(1) In general.--In any conveyance of Federal land under
this Act, the Secretary shall meet disclosure requirements for
hazardous substances, but shall otherwise not be required to
remediate or abate the substances.
(2) Effect.--Nothing in this section otherwise affects the
application of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) to the conveyances of Federal land.
SEC. 5. PROCEEDS FROM THE SALE OF LAND.
The Secretary shall deposit the proceeds of a conveyance of Federal
land under section 4 in the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
SEC. 6. ADMINISTRATION.
(a) Costs.--As a condition of a conveyance of Federal land to
Collins Camp Properties under section 4, the Secretary shall require
Collins Camp Properties to pay at closing--
(1) reasonable appraisal costs; and
(2) the cost of any administrative and environmental
analyses required by law (including regulations).
(b) Permits.--
(1) In general.--An offer by Collins Camp Properties for
the acquisition of the Federal land under section 4 shall be
accompanied by a written statement from each holder of a Forest
Service special use authorization with respect to the Federal
land that specifies that the holder agrees to relinquish the
special use authorization on the conveyance of the Federal land
to Collins Camp Properties.
(2) Special use authorizations.--If any holder of a special
use authorization described in paragraph (1) fails to provide a
written authorization in accordance with that paragraph, the
Secretary shall require, as a condition of the conveyance, that
Collins Camp Properties administer the special use
authorization according to the terms of the special use
authorization until the date on which the special use
authorization expires.
Passed the House of Representatives October 31, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Kisatchie National Forest Land Conveyance Act (Sec. 4) The bill authorizes the Department of Agriculture (USDA) to sell specified federal land in the Kisatchie National Forest in Winn Parish, Louisiana, for fair market value. USDA shall convey a portion of that land to Collins Camp Properties, Inc. USDA may configure the federal land to be conveyed so as to maximize the marketability of the conveyance or to achieve management objectives. Consideration for a conveyance of federal land under this bill shall be in cash. In any conveyance of federal land under this bill, USDA shall meet disclosure requirements for hazardous substances but shall not otherwise be required to remediate or abate such substances. (Sec. 5) USDA shall deposit the proceeds from such conveyances in the fund established under the Sisk Act. (Sec. 6) USDA shall require Collins Camp Properties to pay at closing reasonable appraisal costs and the cost of any administrative and environmental analyses required by law. An offer by Collins Camp Properties for acquiring the federal land must be accompanied by a written statement from each holder of a Forest Service special use authorization with respect to such land specifying that the holder agrees to relinquish that authorization upon the conveyance of such land to Collins Camp Properties. If a holder fails to furnish such a written statement, USDA shall require Collins Camp Properties to administer that authorization in accordance with its terms until it expires. | Kisatchie National Forest Land Conveyance Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern Band Cherokee Historic Lands
Reacquisition Act''.
SEC. 2. LAND TAKEN INTO TRUST FOR THE EASTERN BAND OF CHEROKEE INDIANS.
(a) Lands Into Trust.--Subject to such rights of record as may be
vested in third parties to rights-of-way or other easements or rights-
of-record for roads, utilities, or other purposes, the following
Federal lands on or above the 820-foot (MSL) contour elevation in
Monroe County, Tennessee, on the shores of Tellico Reservoir, are taken
into trust by the United States for the benefit of the Eastern Band of
Cherokee Indians:
(1) Sequoyah museum property.--Approximately 46.0 acres of
land generally depicted as ``Sequoyah Museum'', ``Parcel 1'',
and ``Parcel 2'' on the map titled ``Eastern Band of Cherokee
Historic Lands Reacquisition Map 1'' and dated April 30, 2015.
(2) Support property.--Approximately 11.9 acres of land
generally depicted as ``Support Parcel'' on the map titled
``Eastern Band of Cherokee Historic Lands Reacquisition Map 2''
and dated April 30, 2015.
(3) Chota memorial property and tanasi memorial property.--
Approximately 18.2 acres of land generally depicted as ``Chota
Memorial 1'' and ``Tanasi Memorial'' on the map titled
``Eastern Band of Cherokee Historic Lands Reacquisition Map 3''
and dated April 30, 2015, and including the Chota Memorial and
all land within a circle with a radius of 86 feet measured from
the center of the Chota Memorial without regard to the
elevation of the land within the circle.
(b) Property on Lands.--In addition to the land taken into trust by
subsection (a), the improvements on and appurtenances thereto,
including memorials, are and shall remain the property of the Eastern
Band of Cherokee Indians.
(c) Additional Lands Into Trust.--The Eastern Band of Cherokee
Indians may identify additional Federal lands on or above the 820-foot
(MSL) contour elevation managed by the Tennessee Valley Authority that
are of significant historical and cultural importance to the Cherokee
and such lands shall be taken into trust by the United States for the
benefit of the Eastern Band of Cherokee Indians, if the Tennessee
Valley Authority, Secretary of the Interior, and Eastern Band of
Cherokee Indians agree to such lands being taken into trust.
(d) Revised Maps.--Not later than one year after the date of a land
transaction made pursuant to this section, the Secretary of the
Interior, after consultation with the Eastern Band of Cherokee Indians
and the Tennessee Valley Authority, shall submit revised maps that
depict the land taken into trust under this section, including any
corrections made to the maps described in this section to the Committee
on Natural Resources of the House of Representatives and the Committee
on Indian Affairs of the Senate.
(e) Contour Elevation Clarification.--The contour elevations
referred to in this Act are based on MSL Datum as established by the
NGS Southeastern Supplementary Adjustment of 1936 (NGVD29).
(f) Conditions.--The lands taken into trust under this section
shall be subject to the conditions described in section 5.
SEC. 3. PERMANENT EASEMENTS TAKEN INTO TRUST FOR THE EASTERN BAND OF
CHEROKEE INDIANS.
(a) Permanent Easements.--The following permanent easements for
land below the 820-foot (MSL) contour elevation for the following
Federal lands in Monroe County, Tennessee, on the shores of Tellico
Reservoir, are hereby taken into trust by the United States for the
benefit of the Eastern Band of Cherokee Indians:
(1) Chota peninsula.--Approximately 8.5 acres of land
generally depicted as ``Chota Memorial 2'' on the map titled
``Eastern Band of Cherokee Historic Lands Reacquisition Map 3''
and dated April 30, 2015.
(2) Chota-tanasi trail.--Approximately 11.4 acres of land
generally depicted as ``Chota-Tanasi Trail'' on the map titled
``Eastern Band of Cherokee Historic Lands Reacquisition Map 3''
and dated April 30, 2015.
(b) Additional Easements.--The Eastern Band of Cherokee Indians may
identify additional Federal lands below the 820-foot (MSL) contour
elevation managed by the Tennessee Valley Authority that are, or are
appurtenant to, lands of significant historical and cultural importance
to the Cherokee and a permanent easement for such lands shall be taken
into trust by the United States for the benefit of the Eastern Band of
Cherokee Indians, if the Tennessee Valley Authority, Secretary of the
Interior, and Eastern Band of Cherokee Indians agree to such grant.
(c) Revised Maps.--Not later than one year after the date of a land
transaction made pursuant to this section, the Secretary of the
Interior, after consultation with the Eastern Band of Cherokee Indians
and the Tennessee Valley Authority, shall submit to the Subcommittee on
Indian, Insular and Alaska Native Affairs of the House of
Representatives and the Committee on Indian Affairs of the Senate
revised maps that depict the lands subject to easements taken into
trust under this section, including any corrections necessary to the
maps described in this section.
(d) Conditions.--The lands subject to easements taken into trust
under this section shall be subject to the use rights and conditions
described in section 5.
SEC. 4. TRUST ADMINISTRATION AND PURPOSES.
(a) Applicable Laws.--Except as described in section 5, the lands
subject to this Act shall be administered under the laws and
regulations generally applicable to lands and interests in lands held
in trust on behalf of Indian Tribes.
(b) Use of Land.--Except the lands described in section 2(a)(2),
the lands subject to this Act shall be used principally for
memorializing and interpreting the history and culture of Indians and
recreational activities, including management, operation, and conduct
of programs of and for--
(1) the Sequoyah birthplace memorial and museum;
(2) the memorials to Chota and Tanasi as former capitals of
the Cherokees;
(3) the memorial and place of reinterment for remains of
the Eastern Band of Cherokee Indians and other Cherokee tribes,
including those human remains and cultural items that are
repatriated by the Tennessee Valley Authority to those Cherokee
tribes under the National Graves Protection and Repatriation
Act; and
(4) interpreting the Trail of Tears National Historic
Trail.
(c) Use of Support Property.--The land described in section 2(a)(2)
shall be used principally for the support of lands subject to this Act
and the programs offered by the Tribe relating to such lands and their
purposes including--
(1) classrooms and conference rooms;
(2) cultural interpretation and education programs;
(3) temporary housing of guests participating in such
programs or the management of the properties and programs; and
(4) headquarters offices and support space for the trust
properties and programs.
(d) Land Use.--The principal purposes of the use of the land
described in section 3(a)--
(1) paragraph (1), shall be for a recreational trail from
the general vicinity of the parking lot to the area of the
Chota Memorial and beyond to the southern portion of the
peninsula, including interpretive signs, benches, and other
compatible improvements; and
(2) paragraph (2), shall be for a recreational trail
between the Chota and Tanasi Memorials, including interpretive
signs, benches, and other compatible improvements.
SEC. 5. USE RIGHTS, CONDITIONS.
(a) Flooding of Land and Roads.--The Tennessee Valley Authority may
temporarily and intermittently flood the lands subject to this Act that
lie below the 824-foot (MSL) contour elevation and the road access to
such lands that lie below the 824-foot (MSL) contour elevation.
(b) Facilities and Structures.--The Eastern Band of Cherokee
Indians may construct, own, operate, and maintain--
(1) water use facilities and nonhabitable structures,
facilities, and improvements not subject to serious damage if
temporarily flooded on the land adjoining the Tellico Reservoir
side of the lands subject to this Act that lie between the 815-
foot and 820-foot (MSL) contour elevations, but only after
having received written consent from the Tennessee Valley
Authority and subject to the terms of such approval; and
(2) water use facilities between the 815-foot (MSL) contour
elevations on the Tellico Reservoir side of the lands subject
to this Act and the adjacent waters of Tellico Reservoir and in
and on such waters after having received written consent from
the Tennessee Valley Authority and subject to the terms of such
approval, but may not construct, own, operate, or maintain
other nonhabitable structures, facilities, and improvements on
such lands.
(c) Ingress and Egress.--The Eastern Band of Cherokee Indians may
use the lands subject to this Act and Tellico Reservoir for ingress and
egress to and from such land and the waters of the Tellico Reservoir
and to and from all structures, facilities, and improvements maintained
in, on, or over such land or waters.
(d) River Control and Development.--The use rights under this
section may not be exercised so as to interfere in any way with the
Tennessee Valley Authority's statutory program for river control and
development.
(e) TVA Authorities.--Nothing in this Act shall be construed to
affect the right of the Tennessee Valley Authority to--
(1) draw down Tellico Reservoir;
(2) fluctuate the water level thereof as may be necessary
for its management of the Reservoir; or
(3) permanently flood lands adjacent to lands subject to
this Act that lie below the 815-foot (MSL) contour elevation.
(f) Right of Entry.--The lands subject to this Act shall be subject
to a reasonable right of entry by the personnel of the Tennessee Valley
Authority and agents of the Tennessee Valley Authority operating in
their official capacities as necessary for purposes of carrying out the
Tennessee Valley Authority's statutory program for river control and
development.
(g) Entry Onto Land.--To the extent that the Tennessee Valley
Authority's operations on the lands subject to this Act do not
unreasonably interfere with the Eastern Band of Cherokee Indians'
maintenance of an appropriate setting for the memorialization of
Cherokee history or culture on the lands and its operations on the
lands, the Eastern Band of Cherokee Indians shall allow the Tennessee
Valley Authority to enter the lands to clear, ditch, dredge, and drain
said lands and apply larvicides and chemicals thereon or to conduct
bank protection work and erect structures necessary in the promotion
and furtherance of public health, flood control, and navigation.
(h) Loss of Hydropower Capacity.--All future development of the
lands subject to this Act shall be subject to compensation to the
Tennessee Valley Authority for loss of hydropower capacity as provided
in the Tennessee Valley Authority Flood Control Storage Loss Guideline,
unless agreed to otherwise by the Tennessee Valley Authority.
(i) Protection From Liability.--The Tennessee Valley Authority
shall not be liable for any loss or damage resulting from--
(1) the temporary and intermittent flooding of lands
subject to this Act;
(2) the permanent flooding of adjacent lands as provided in
this section;
(3) wave action in Tellico Reservoir; or
(4) fluctuation of water levels for purposes of managing
Tellico Reservoir.
SEC. 6. LANDS SUBJECT TO THE ACT.
For the purposes of this Act, the term ``lands subject to this
Act'' means lands and interests in lands (including easements) taken
into trust for the benefit of the Eastern Band of Cherokee Indians
pursuant to or under this Act.
SEC. 7. GAMING PROHIBITION.
No class II or class III gaming, as defined in the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.), shall be conducted on lands
subject to this Act. | Eastern Band Cherokee Historic Lands Reacquisition Act This bill takes specified lands and easements in Monroe County, Tennessee, into trust for the benefit of the Eastern Band of Cherokee Indians. These lands include the Sequoyah Museum, the Chota Memorial, the Tanasi Memorial, and land to provide support for these properties and cultural programs. With the agreement of the Department of the Interior and the Tennessee Valley Authority (TVA), the United States must take into trust for the benefit of the tribe certain additional TVA lands and easements that are identified by the tribe as being of significant historical and cultural importance. The TVA maintains its right to carry out river control and development on these lands, including temporarily and intermittently flooding certain lands. The bill specifies the structures that may be constructed with the TVA's consent on certain lands subject to flooding. The TVA must be compensated for lost hydropower capacity from future development of these lands. Gaming on these lands is prohibited. | Eastern Band Cherokee Historic Lands Reacquisition Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Science for Nuclear
Waste Disposal Act of 2001''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Under the Nuclear Waste Policy Act of 1982, the storage
of high-level radioactive waste, transuranic waste, and spent
nuclear fuel is to be located at a central repository.
(2) The Department of Energy estimates that completing the
Yucca Mountain central repository project will cost
$58,000,000,000, making the project one of the most costly
public works projects in the world.
(3) Numerous geological and hydrological conditions found
at Yucca Mountain support the contention that Yucca Mountain is
not a suitable site for a central repository.
(4) Public health and safety regulations have consistently
been altered in order to make Yucca Mountain appear to be a
feasible option.
(5) Storing high-level radioactive waste in a central
repository at Yucca Mountain would require the transportation
of more than 70,000 tons of nuclear waste through 43 States,
and through hundreds of cities and towns. Fifty million
Americans live within one half mile of the shipping routes,
creating an unacceptable risk of catastrophic radiation
exposure.
(6) Current nuclear power reactor sites can safely store
high-level radioactive waste for another 100 years (according
to the Nuclear Regulatory Commission). By implementing the most
advanced existing technology, nuclear power reactor sites could
store waste for an additional 100 years, thus eliminating the
need to immediately site a central repository.
(7) The United States can create solutions to the long-term
problems of storing high-level radioactive waste by exploring
emerging technologies with the potential to neutralize highly
radioactive waste.
(8) The research, development, and utilization in the
United States of risk-decreasing technologies for the safe
disposal of nuclear waste is not only feasible, but it is our
best alternative to storing high-level nuclear waste at a
central repository.
(9) The Nuclear Waste Fund has accumulated more than
$10,000,000,000 to store high-level nuclear radioactive waste
in a central repository, a failed concept. Given the scientific
evidence against the Yucca Mountain site, and the health and
safety problems inherent in the concept of a central high-level
radioactive waste repository, the Nuclear Waste Fund should be
directed toward the research, development, and utilization of
these alternative waste storage and disposal technologies to
better protect our environment.
(10) The insurmountable problems associated with storing
nuclear waste in a central repository requires the Congress to
terminate the Yucca Mountain Project and to immediately launch
a focused research and development program to develop safe
nuclear waste disposal technologies.
SEC. 3. NUCLEAR WASTE FUND.
Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222) is amended--
(1) in subsection (a)--
(A) by striking ``Contracts.--(1) In the'' and all
that follows through ``described in subsection (d).''
and inserting ``Payments.--(1) The Secretary shall
provide for payments into the Nuclear Waste Fund of
fees pursuant to paragraph (2) for use as provided in
this section.'';
(B) by striking paragraphs (3), (5), and (6) and
redesignating paragraph (4) as paragraph (3); and
(C) in paragraph (3), as so redesignated by
subparagraph (B) of this paragraph--
(i) by striking ``paragraphs (2) and (3)
above'' and inserting ``paragraph (2)'';
(ii) by striking ``offset the costs as
defined in subsection (d) herein'' and
inserting ``support the uses described in
subsection (c)'';
(iii) by striking ``recover the costs
incurred'' and all that follows through ``full
cost recovery.'' and inserting ``support the
uses described in subsection (c), the Secretary
shall propose an adjustment to the fee to fully
support those uses. The Secretary shall also
annually adjust the fee for inflation.''; and
(iv) by striking ``this proposal for such
an adjustment to Congress'' and all that
follows through ``the Energy Policy and
Conservation Act'' and inserting ``proposals
for fee adjustment to Congress'';
(2) by striking subsections (b) and (d);
(3) by redesignating subsections (c) and (e) as subsections
(b) and (d), respectively;
(4) in subsection (b), as so redesignated by paragraph (3)
of this section--
(A) by striking ``, (b), and (e)'' and inserting
``and (d)'' in paragraph (1);
(B) by inserting ``and'' at the end to paragraph
(1);
(C) by striking ``; and'' at the end of paragraph
(2) and inserting a period; and
(D) by striking paragraph (3);
(5) by inserting after subsection (b), as so redesignated
by paragraph (3) of this section, the following new subsection:
``(c) Uses of Nuclear Waste Fund.--The Nuclear Waste Fund shall be
available to the Secretary only to pay the cost of research,
development, and utilization in the United States of risk-decreasing
technologies, with an emphasis on technologies that--
``(1) increase the length of time that nuclear waste can be
safely stored at or near--
``(A) in the case of waste existing on the date of
enactment of the 21st Century Science for Nuclear Waste
Disposal Act of 2001, the site where the waste was
located on such date of enactment; and
``(B) in the case of waste not existing on the date
of enactment of the 21st Century Science for Nuclear
Waste Disposal Act of 2001, the site where the waste is
generated;
``(2) require the least amount of transportation of nuclear
waste practicable; and
``(3) reduce the level of radiation of the nuclear waste.
The Government shall not use any funds for research, development, or
implementation of a central high-level radioactive waste and spent
nuclear fuel repository.''; and
(6) in subsection (d), as so redesignated by paragraph (3)
of this section, by striking ``subsection (d)'' in paragraph
(6) and inserting ``subsection (c)''.
SEC. 4. REPEALS AND REDESIGNATIONS.
(a) In General.--The Nuclear Waste Policy Act of 1982 is amended--
(1) by redesignating section 151 as section 10 and moving
it to appear after section 9, and by repealing the remainder of
title I;
(2) by repealing title II;
(3) by redesignating sections 302 and 306 as sections 11
and 12, respectively, and moving them to appear after section
10, and by repealing the remainder of title III;
(4) by repealing title IV; and
(5) by repealing title V.
(b) Conforming Amendments.--The Nuclear Waste Policy Act of 1982 is
amended--
(1) in section 2--
(A) by striking paragraphs (1), (2), (4), (5), (8),
(10), (11), (13), (14), (15), (17), (19), (21), (22),
(25), (26), (27), (28), (30), (31), (32), (33), and
(34);
(B) by redesignating paragraphs (3), (6), (7), (9),
(12), (16), (18), (20), (23), (24), and (29) as
paragraphs (1), (2), (3), (4), (5), (6), (7), (10),
(11), (12), and (13) respectively; and
(C) by inserting after paragraph (7), as so
redesignated by subparagraph (B) of this paragraph, the
following new paragraphs:
``(8) Research.--The term `research' includes both basic
and applied research.
``(9) Risk-decreasing technologies.--The term `risk-
decreasing technologies' means technologies that reduce the
adverse impact nuclear waste has on human and ecological health
and well-being through reduction in radiation levels and other
methods.''; and
(2) in section 8--
(A) by striking ``subsection (c)'' and inserting
``subsection (b)'' in subsection (a);
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection
(b).
(c) Table of Contents Amendments.--The items in the table of
contents of the Nuclear Waste Policy Act of 1982 relating to titles I
through V are repealed, and the following items are inserted after the
item relating to section 9:
``Sec. 10. Financial arrangements for site closure.
``Sec. 11. Nuclear Waste Fund.
``Sec. 12. Nuclear Regulatory Commission training authorization.''.
SEC. 5. REPEAL OF SPECIAL RULES FOR NUCLEAR DECOMMISSIONING COSTS.
(a) In General.--Section 468A of the Internal Revenue Code of 1986
is hereby repealed.
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 172(f)(1) of such Code is
amended by striking ``or 468A(a)''.
(2) The table of sections for subpart C of part II of
subchapter E of chapter 1 of such Code is amended by striking
the item relating to section 468A.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | 21st Century Science for Nuclear Waste Disposal Act of 2001 - Amends the Nuclear Waste Policy Act of 1982 to: (1) repeal the authority of the Secretary of Energy to enter into contracts for the acceptance of title, subsequent transportation, and disposal of high-level radioactive waste or spent nuclear fuel; (2) mandate that certain statutory fees from electricity generated by a nuclear power reactor be deposited into the Nuclear Waste Fund (Fund); and (3) mandate that the Fund be made available to the Secretary of Energy solely to pay the costs of research, development, and utilization of risk-decreasing technologies that increase the length of time that nuclear waste can be safely stored near specified sites, require the least amount of nuclear waste transportation, and reduce nuclear waste radiation.Prohibits the Government from using any funds for research, development, or implementation of a central high-level radioactive waste and spent nuclear fuel repository.Repeals specified authorities for: (1) storage of high-level radioactive waste and spent nuclear fuel, including the interim storage program and monitored retrievable storage; (2) research, development, and demonstration regarding disposal of high-level radioactive waste and spent nuclear fuel; (3) miscellaneous radioactive waste activities, including the Office of Civilian Radioactive Waste Management; (4) the Nuclear Waste Negotiator; and (5) the Nuclear Waste Technical Review Board.Amends the Internal Revenue Code to repeal the special rules for nuclear decommissioning costs. | To redirect the Nuclear Waste Fund established under the Nuclear Waste Policy Act of 1982 into research, development, and utilization of risk-decreasing technologies for the onsite storage and eventual reduction of radiation levels of nuclear waste, and for other purposes. |
SECTION 1. SHORT TITLE AND REPEAL.
(a) Short Title.--This Act may be cited as the ``Expedited
Rescissions Act of 1997''.
(b) Repeal.--The Line Item Veto Act of 1996 (2 U.S.C. 691 et seq.)
is repealed.
SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:
``expedited consideration of certain proposed rescissions
``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In
addition to the method of rescinding budget authority specified in
section 1012, the President may propose, at the time and in the manner
provided in subsection (b), the rescission of any budget authority
provided in an appropriation Act. Funds made available for obligation
under this procedure may not be proposed for rescission again under
this section or section 1012.
``(b) Transmittal of Special Message.--
``(1) Not later than 3 calendar days after the date of
enactment of an appropriation Act, the President may transmit
to Congress a special message proposing to rescind amounts of
budget authority provided in that Act and include with that
special message a draft bill that, if enacted, would only
rescind that budget authority. That bill shall clearly identify
the amount of budget authority that is proposed to be rescinded
for each program, project, or activity to which that budget
authority relates.
``(2) In the case of an appropriation Act that includes
accounts within the jurisdiction of more than one subcommittee
of the Committee on Appropriations, the President in proposing
to rescind budget authority under this section shall send a
separate special message and accompanying draft bill for
accounts within the jurisdiction of each such subcommittee.
``(3) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the matters
referred to in paragraphs (1) through (5) of section 1012(a).
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second legislative day of
the House of Representatives after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of
Representatives shall introduce (by request) the draft bill
accompanying that special message. If the bill is not
introduced as provided in the preceding sentence, then, on the
third legislative day of the House of Representatives after the
date of receipt of that special message, any Member of that
House may introduce the bill.
``(B) The bill shall be referred to the Committee on
Appropriations of the House of Representatives. The committee
shall report the bill without substantive revision, and with or
without recommendation. The bill shall be reported not later
than the seventh legislative day of that House after the date
of receipt of that special message. If the Committee on
Appropriations fails to report the bill within that period,
that committee shall be automatically discharged from
consideration of the bill, and the bill shall be placed on the
appropriate calendar.
``(C) A vote on final passage of the bill referred to in
subparagraph (B) shall be taken in the House of Representatives
on or before the close of the 10th legislative day of that
House after the date of the introduction of the bill in that
House. If the bill is passed, the Clerk of the House of
Representatives shall cause the bill to be engrossed,
certified, and transmitted to the Senate within one calendar
day of the day on which the bill is passed.
``(2)(A) A motion in the House of Representatives to
proceed to the consideration of a bill under this section shall
be highly privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the House of Representatives on a bill
under this section shall not exceed 4 hours, which shall be
divided equally between those favoring and those opposing the
bill. A motion further to limit debate shall not be debatable.
It shall not be in order to move to recommit a bill under this
section or to move to reconsider the vote by which the bill is
agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill under this section shall be
decided without debate.
``(3)(A) A bill transmitted to the Senate pursuant to
paragraph (1)(C) shall be referred to its Committee on
Appropriations. The committee shall report the bill without
substantive revision and with or without recommendation. The
bill shall be reported not later than the seventh legislative
day of the Senate after it receives the bill. A committee
failing to report the bill within such period shall be
automatically discharged from consideration of the bill, and
the bill shall be placed upon the appropriate calendar.
``(B) A vote on final passage of a bill transmitted to the
Senate shall be taken on or before the close of the 10th
legislative day of the Senate after the date on which the bill
is transmitted.
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill under this section shall be privileged
and not debatable. An amendment to the motion shall not be in
order, nor shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
``(B) Debate in the Senate on a bill under this section,
and all debatable motions and appeals in connection therewith,
shall not exceed 10 hours. The time shall be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill under this section shall be
limited to not more than 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the bill,
except that in the event the manager of the bill is in favor of
any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee.
Such leaders, or either of them, may, from time under their
control on the passage of a bill, allot additional time to any
Senator during the consideration of any debatable motion or
appeal.
``(D) A motion in the Senate to further limit debate on a
bill under this section is not debatable. A motion to recommit
a bill under this section is not in order.
``(d) Amendments and Divisions Prohibited.--No amendment to a bill
considered under this section shall be in order in either the House of
Representatives or the Senate. It shall not be in order to demand a
division of the question in the House of Representatives (or in a
Committee of the Whole) or in the Senate. No motion to suspend the
application of this subsection shall be in order in either House, nor
shall it be in order in either House to suspend the application of this
subsection by unanimous consent.
``(e) Requirement To Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the earlier of--
``(1) the day after the date upon which the House of
Representatives defeats the bill transmitted with that special
message rescinding the amount proposed to be rescinded; or
``(2) the day after the date upon which the Senate rejects
a bill that makes rescissions to carry out the applicable
special message of the President.
``(f) Definitions.--For purposes of this section--
``(1) the term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations;
and
``(2) the term `legislative day' means, with respect to
either House of Congress, any calendar day during which that
House is in session.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) by striking ``and 1017'' in subsection (a) and
inserting ``1013, and 1018''; and
(2) by striking ``section 1017'' in subsection (d) and
inserting ``sections 1013 and 1018''; and
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
(A) in paragraph (4), by striking ``1013'' and
inserting ``1014''; and
(B) in paragraph (5)--
(i) by striking ``1016'' and inserting
``1017''; and
(ii) by striking ``1017(b)(1)'' and
inserting ``1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by section 2(a)) is amended--
(A) by striking ``1012 or 1013'' each place it
appears and inserting ``1012, 1013, or 1014'';
(B) in subsection (b)(1), by striking ``1012'' and
inserting ``1012 or 1013'';
(C) in subsection (b)(2), by striking ``1013'' and
inserting ``1014''; and
(D) in subsection (e)(2)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by striking ``1013'' in subparagraph
(C) (as so redesignated) and inserting
``1014''; and
(iv) by inserting after subparagraph (A)
the following new subparagraph:
``(B) he has transmitted a special message under
section 1013 with respect to a proposed rescission;
and''.
(3) Section 1016 of such Act (2 U.S.C. 686) (as
redesignated by section 2(a)) is amended by striking ``1012 or
1013'' each place it appears and inserting ``1012, 1013, or
1014''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:
``Sec. 1013. Expedited consideration of certain proposed
rescissions.''.
SEC. 3. APPLICATION.
(a) In General.--Section 1013 of the Congressional Budget and
Impoundment Control Act of 1974 (as added by section 2) shall apply to
amounts of budget authority provided by appropriation Acts (as defined
in subsection (f) of such section) that are enacted during the One
Hundred Fifth Congress and thereafter.
(b) Special Transition Rule.--Within 3 calendar days after the
beginning of a Congress, the President may retransmit a special
message, in the manner provided in section 1013(b) of the Congressional
Budget and Impoundment Control Act of 1974 (as added by section 2),
proposing to rescind only those amounts of budget authority that were
contained in any special message to the immediately preceding Congress
which that Congress failed to consider because of its sine die
adjournment before the close of the time period set forth in such
section 1013 for consideration of those proposed rescissions. A draft
bill shall accompany that special message that, if enacted, would only
rescind that budget authority. Before the close of the second
legislative day of the House of Representatives after the date of
receipt of that special message, the majority leader or minority leader
of the House of Representaitves shall introduce (by request) the draft
bill accompanying that special message. If the bill is not introduced
as provided in the preceding sentence, then, on the third legislative
day of the House of Representatives after the date of receipt of that
special message, any Member of that House may introduce the bill. The
House of Representatives and the Senate shall proceed to consider that
bill in the manner provided in such section 1013. | Expedited Rescissions Act of 1997 - Repeals the Line Item Veto Act of 1996.
Amends the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of certain proposed rescissions of budget authority. | Expedited Rescissions Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Navigator Outreach and
Chronic Disease Prevention Act of 2005''.
SEC. 2. PATIENT NAVIGATOR GRANTS.
Subpart V of part D of title III of the Public Health Service Act
(42 U.S.C. 256) is amended by adding at the end the following:
``SEC. 340A. PATIENT NAVIGATOR GRANTS.
``(a) Grants.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, may make grants to
eligible entities for the development and operation of demonstration
programs to provide patient navigator services to improve health care
outcomes. The Secretary shall coordinate with, and ensure the
participation of, the Indian Health Service, the National Cancer
Institute, the Office of Rural Health Policy, and such other offices
and agencies as deemed appropriate by the Secretary, regarding the
design and evaluation of the demonstration programs.
``(b) Use of Funds.--The Secretary shall require each recipient of
a grant under this section to use the grant to recruit, assign, train,
and employ patient navigators who have direct knowledge of the
communities they serve to facilitate the care of individuals, including
by performing each of the following duties:
``(1) Acting as contacts, including by assisting in the
coordination of health care services and provider referrals, for
individuals who are seeking prevention or early detection services
for, or who following a screening or early detection service are
found to have a symptom, abnormal finding, or diagnosis of, cancer
or other chronic disease.
``(2) Facilitating the involvement of community organizations
in assisting individuals who are at risk for or who have cancer or
other chronic diseases to receive better access to high-quality
health care services (such as by creating partnerships with patient
advocacy groups, charities, health care centers, community hospice
centers, other health care providers, or other organizations in the
targeted community).
``(3) Notifying individuals of clinical trials and, on request,
facilitating enrollment of eligible individuals in these trials.
``(4) Anticipating, identifying, and helping patients to
overcome barriers within the health care system to ensure prompt
diagnostic and treatment resolution of an abnormal finding of
cancer or other chronic disease.
``(5) Coordinating with the relevant health insurance ombudsman
programs to provide information to individuals who are at risk for
or who have cancer or other chronic diseases about health coverage,
including private insurance, health care savings accounts, and
other publicly funded programs (such as Medicare, Medicaid, health
programs operated by the Department of Veterans Affairs or the
Department of Defense, the State children's health insurance
program, and any private or governmental prescription assistance
programs).
``(6) Conducting ongoing outreach to health disparity
populations, including the uninsured, rural populations, and other
medically underserved populations, in addition to assisting other
individuals who are at risk for or who have cancer or other chronic
diseases to seek preventative care.
``(c) Prohibitions.--
``(1) Referral fees.--The Secretary shall require each
recipient of a grant under this section to prohibit any patient
navigator providing services under the grant from accepting any
referral fee, kickback, or other thing of value in return for
referring an individual to a particular health care provider.
``(2) Legal fees and costs.--The Secretary shall prohibit the
use of any grant funds received under this section to pay any fees
or costs resulting from any litigation, arbitration, mediation, or
other proceeding to resolve a legal dispute.
``(d) Grant Period.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary may award grants under this section for periods of not
more than 3 years.
``(2) Extensions.--Subject to paragraph (3), the Secretary may
extend the period of a grant under this section. Each such
extension shall be for a period of not more than 1 year.
``(3) Limitations on grant period.--In carrying out this
section, the Secretary--
``(A) shall ensure that the total period of a grant does
not exceed 4 years; and
``(B) may not authorize any grant period ending after
September 30, 2010.
``(e) Application.--
``(1) In general.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary in
such form, in such manner, and containing such information as the
Secretary may require.
``(2) Contents.--At a minimum, the Secretary shall require each
such application to outline how the eligible entity will establish
baseline measures and benchmarks that meet the Secretary's
requirements to evaluate program outcomes.
``(f) Uniform Baseline Measures.--The Secretary shall establish
uniform baseline measures in order to properly evaluate the impact of
the demonstration projects under this section.
``(g) Preference.--In making grants under this section, the
Secretary shall give preference to eligible entities that demonstrate
in their applications plans to utilize patient navigator services to
overcome significant barriers in order to improve health care outcomes
in their respective communities.
``(h) Duplication of Services.--An eligible entity that is
receiving Federal funds for activities described in subsection (b) on
the date on which the entity submits an application under subsection
(e) may not receive a grant under this section unless the entity can
demonstrate that amounts received under the grant will be utilized to
expand services or provide new services to individuals who would not
otherwise be served.
``(i) Coordination With Other Programs.--The Secretary shall ensure
coordination of the demonstration grant program under this section with
existing authorized programs in order to facilitate access to high-
quality health care services.
``(j) Study; Reports.--
``(1) Final report by secretary.--Not later than 6 months after
the completion of the demonstration grant program under this
section, the Secretary shall conduct a study of the results of the
program and submit to the Congress a report on such results that
includes the following:
``(A) An evaluation of the program outcomes, including--
``(i) quantitative analysis of baseline and benchmark
measures; and
``(ii) aggregate information about the patients served
and program activities.
``(B) Recommendations on whether patient navigator programs
could be used to improve patient outcomes in other public
health areas.
``(2) Interim reports by secretary.--The Secretary may provide
interim reports to the Congress on the demonstration grant program
under this section at such intervals as the Secretary determines to
be appropriate.
``(3) Reports by grantees.--The Secretary may require grant
recipients under this section to submit interim and final reports
on grant program outcomes.
``(k) Rule of Construction.--This section shall not be construed to
authorize funding for the delivery of health care services (other than
the patient navigator duties listed in subsection (b)).
``(l) Definitions.--In this section:
``(1) The term `eligible entity' means a public or nonprofit
private health center (including a Federally qualified health
center (as that term is defined in section 1861(aa)(4) of the
Social Security Act)), a health facility operated by or pursuant to
a contract with the Indian Health Service, a hospital, a cancer
center, a rural health clinic, an academic health center, or a
nonprofit entity that enters into a partnership or coordinates
referrals with such a center, clinic, facility, or hospital to
provide patient navigator services.
``(2) The term `health disparity population' means a population
that, as determined by the Secretary, has a significant disparity
in the overall rate of disease incidence, prevalence, morbidity,
mortality, or survival rates as compared to the health status of
the general population.
``(3) The term `patient navigator' means an individual who has
completed a training program approved by the Secretary to perform
the duties listed in subsection (b).
``(m) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there are
authorized to be appropriated $2,000,000 for fiscal year 2006,
$5,000,000 for fiscal year 2007, $8,000,000 for fiscal year 2008,
$6,500,000 for fiscal year 2009, and $3,500,000 for fiscal year
2010.
``(2) Availability.--The amounts appropriated pursuant to
paragraph (1) shall remain available for obligation through the end
of fiscal year 2010.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Patient Navigator Outreach and Chronic Disease Prevention Act of 2005 - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to make grants to eligible entities for the development and operation of demonstration programs to provide patient navigator services to improve health care outcomes. Requires the Secretary to coordinate with, and ensure the participation of, the Indian Health Service, the National Cancer Institute, and the Office of Rural Health Policy.
Requires that each grantee agree to recruit, assign, train, and employ patient navigators who have direct knowledge of the communities they serve to facilitate the care of individuals, including by: (1) acting as contacts for individuals seeking prevention or early detection services for cancer or other chronic diseases; (2) facilitating the involvement of community organizations to provide better access to high-quality health care services to individuals at risk for, or who have, cancer or other chronic diseases; (3) coordinating with the relevant health insurance ombudsman programs to provide information to such individuals about health coverage; (4) notifying individuals of clinical trials; (5) helping patients overcome barriers within the health care system to ensure prompt diagnostic and treatment resolution of an abnormal finding of cancer or other chronic disease; and (6) conducting ongoing outreach to health disparity populations.
Requires the Secretary to: (1) require each grant recipient to prohibit patient navigators from accepting anything of value in return for referring an individual to a particular health care provider; and (2) prohibit the use of any grant funds to pay any fees or costs resulting from any proceeding to resolve a legal dispute. Allows the Secretary to grant awards for a period of no more than three years with a one year extension.
Requires the Secretary to: (1) direct that each application for a grant outline how the eligible entity will establish baseline measures and benchmarks that meet the Secretary's requirements to evaluate program outcomes; (2) establish uniform baseline measures in order to properly evaluate the impact of the demonstration projects; (3) give preference to those entities that demonstrate plans to utilize patient navigator services to overcome significant barriers to improve health care outcomes within their respective communities; and (4) ensure coordination of the grant programs under this Act with existing authorized programs to facilitate access to high-quality health care services.
Requires the Secretary to study the program and report to Congress on the results to include an evaluation of program outcomes and recommendations as to whether such programs could be used to improve patient outcomes in other public health areas.
Sets forth reporting requirements.
Authorizes appropriations. | To amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``H-Prize Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administering entity.--The term ``administering
entity'' means the entity with which the Secretary enters into
an agreement under section 3(c).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PRIZE AUTHORITY.
(a) In General.--The Secretary shall carry out a program to
competitively award cash prizes in conformity with this Act to advance
the research, development, demonstration, and commercial application of
hydrogen energy technologies.
(b) Advertising and Solicitation of Competitors.--
(1) Advertising.--The Secretary shall widely advertise
prize competitions to encourage broad participation, including
by individuals, universities (including historically Black
colleges and universities and other minority serving
institutions), and large and small businesses (including
businesses owned or controlled by socially and economically
disadvantaged persons).
(2) Announcement through federal register notice.--The
Secretary shall announce each prize competition by publishing a
notice in the Federal Register. This notice shall include
essential elements of the competition such as the subject of
the competition, the duration of the competition, the
eligibility requirements for participation in the competition,
the process for participants to register for the competition,
the amount of the prize, and the criteria for awarding the
prize.
(c) Administering the Competitions.--The Secretary shall enter into
an agreement with a private, nonprofit entity to administer the prize
competitions, subject to the provisions of this Act. The duties of the
administering entity under the agreement shall include--
(1) advertising prize competitions and their results;
(2) raising funds from private entities and individuals to
pay for administrative costs and to contribute to cash prizes,
including funds provided in exchange for the right to name a
prize awarded under this section;
(3) developing, in consultation with and subject to the
final approval of the Secretary, the criteria for selecting
winners in prize competitions, based on goals provided by the
Secretary;
(4) determining, in consultation with the Secretary, the
appropriate amount and funding sources for each prize to be
awarded, subject to the final approval of the Secretary with
respect to Federal funding;
(5) providing advice and consultation to the Secretary on
the selection of judges in accordance with section 4(d), using
criteria developed in consultation with and subject to the
final approval of the Secretary; and
(6) protecting against the entity's unauthorized use or
disclosure of a registered participant's trade secrets and
confidential business information. Any information properly
identified as trade secrets or confidential business
information that is submitted by a participant as part of a
competitive program under this Act may be withheld from public
disclosure.
(d) Funding Sources.--Prizes under this Act shall consist of
Federal appropriated funds and any funds provided by the administering
entity (including funds raised pursuant to subsection (c)(2)) for such
cash prize programs. The Secretary may accept funds from other Federal
agencies for such cash prizes and, notwithstanding section 3302(b) of
title 31, United States Code, may use such funds for the cash prize
program. Other than publication of the names of prize sponsors, the
Secretary may not give any special consideration to any private sector
entity or individual in return for a donation to the Secretary or
administering entity.
(e) Announcement of Prizes.--The Secretary may not issue a notice
required by subsection (b)(2) until all the funds needed to pay out the
announced amount of the prize have been appropriated or committed in
writing by the administering entity. The Secretary may increase the
amount of a prize after an initial announcement is made under
subsection (b)(2) if--
(1) notice of the increase is provided in the same manner
as the initial notice of the prize; and
(2) the funds needed to pay out the announced amount of the
increase have been appropriated or committed in writing by the
administering entity.
(f) Sunset.--The authority to announce prize competitions under
this Act shall terminate on September 30, 2018.
SEC. 4. PRIZE CATEGORIES.
(a) Categories.--The Secretary shall establish prizes for--
(1) advancements in technologies, components, or systems
related to--
(A) hydrogen production;
(B) hydrogen storage;
(C) hydrogen distribution; and
(D) hydrogen utilization;
(2) prototypes of hydrogen-powered vehicles or other
hydrogen-based products that best meet or exceed objective
performance criteria, such as completion of a race over a
certain distance or terrain or generation of energy at certain
levels of efficiency; and
(3) transformational changes in technologies for the
distribution or production of hydrogen that meet or exceed far-
reaching objective criteria, which shall include minimal carbon
emissions and which may include cost criteria designed to
facilitate the eventual market success of a winning technology.
(b) Awards.--
(1) Advancements.--To the extent permitted under section
3(e), the prizes authorized under subsection (a)(1) shall be
awarded biennially to the most significant advance made in each
of the four subcategories described in subparagraphs (A)
through (D) of subsection (a)(1) since the submission deadline
of the previous prize competition in the same category under
subsection (a)(1) or the date of enactment of this Act,
whichever is later, unless no such advance is significant
enough to merit an award. No one such prize may exceed
$1,000,000. If less than $4,000,000 is available for a prize
competition under subsection (a)(1), the Secretary may omit one
or more subcategories, reduce the amount of the prizes, or not
hold a prize competition.
(2) Prototypes.--To the extent permitted under section
3(e), prizes authorized under subsection (a)(2) shall be
awarded biennially in alternate years from the prizes
authorized under subsection (a)(1). The Secretary is authorized
to award up to one prize in this category in each 2-year
period. No such prize may exceed $4,000,000. If no registered
participants meet the objective performance criteria
established pursuant to subsection (c) for a competition under
this paragraph, the Secretary shall not award a prize.
(3) Transformational technologies.--To the extent permitted
under section 3(e), the Secretary shall announce one prize
competition authorized under subsection (a)(3) as soon after
the date of enactment of this Act as is practicable. A prize
offered under this paragraph shall be not less than
$10,000,000, paid to the winner in a lump sum, and an
additional amount paid to the winner as a match for each dollar
of private funding raised by the winner for the hydrogen
technology beginning on the date the winner was named. The
match shall be provided for 3 years after the date the prize
winner is named or until the full amount of the prize has been
paid out, whichever occurs first. A prize winner may elect to
have the match amount paid to another entity that is continuing
the development of the winning technology. The Secretary shall
announce the rules for receiving the match in the notice
required by section 3(b)(2). The Secretary shall award a prize
under this paragraph only when a registered participant has met
the objective criteria established for the prize pursuant to
subsection (c) and announced pursuant to section 3(b)(2). Not
more than $10,000,000 in Federal funds may be used for the
prize award under this paragraph. The administering entity
shall seek to raise $40,000,000 toward the matching award under
this paragraph.
(c) Criteria.--In establishing the criteria required by this Act,
the Secretary--
(1) shall consult with the Department's Hydrogen Technical
and Fuel Cell Advisory Committee;
(2) shall consult with other Federal agencies, including
the National Science Foundation; and
(3) may consult with other experts such as private
organizations, including professional societies, industry
associations, and the National Academy of Sciences and the
National Academy of Engineering.
(d) Judges.--For each prize competition, the Secretary in
consultation with the administering entity shall assemble a panel of
qualified judges to select the winner or winners on the basis of the
criteria established under subsection (c). Judges for each prize
competition shall include individuals from outside the Department,
including from the private sector. A judge, spouse, minor children, and
members of the judge's household may not--
(1) have personal or financial interests in, or be an
employee, officer, director, or agent of, any entity that is a
registered participant in the prize competition for which he or
she will serve as a judge; or
(2) have a familial or financial relationship with an
individual who is a registered participant in the prize
competition for which he or she will serve as a judge.
SEC. 5. ELIGIBILITY.
To be eligible to win a prize under this Act, an individual or
entity--
(1) shall have complied with all the requirements in
accordance with the Federal Register notice required under
section 3(b)(2);
(2) in the case of a private entity, shall be incorporated
in and maintain a primary place of business in the United
States, and in the case of an individual, whether participating
singly or in a group, shall be a citizen of, or an alien
lawfully admitted for permanent residence in, the United
States; and
(3) shall not be a Federal entity, a Federal employee
acting within the scope of his employment, or an employee of a
national laboratory acting within the scope of his employment.
SEC. 6. INTELLECTUAL PROPERTY.
The Federal Government shall not, by virtue of offering or awarding
a prize under this Act, be entitled to any intellectual property rights
derived as a consequence of, or direct relation to, the participation
by a registered participant in a competition authorized by this Act.
This section shall not be construed to prevent the Federal Government
from negotiating a license for the use of intellectual property
developed for a prize competition under this Act.
SEC. 7. LIABILITY.
(a) Waiver of Liability.--The Secretary may require registered
participants to waive claims against the Federal Government and the
administering entity (except claims for willful misconduct) for any
injury, death, damage, or loss of property, revenue, or profits arising
from the registered participants' participation in a competition under
this Act. The Secretary shall give notice of any waiver required under
this subsection in the notice required by section 3(b)(2). The
Secretary may not require a registered participant to waive claims
against the administering entity arising out of the unauthorized use or
disclosure by the administering entity of the registered participant's
trade secrets or confidential business information.
(b) Liability Insurance.--
(1) Requirements.--Registered participants shall be
required to obtain liability insurance or demonstrate financial
responsibility, in amounts determined by the Secretary, for
claims by--
(A) a third party for death, bodily injury, or
property damage or loss resulting from an activity
carried out in connection with participation in a
competition under this Act; and
(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
(2) Federal government insured.--The Federal Government
shall be named as an additional insured under a registered
participant's insurance policy required under paragraph (1)(A),
and registered participants shall be required to agree to
indemnify the Federal Government against third party claims for
damages arising from or related to competition activities.
SEC. 8. REPORT TO CONGRESS.
Not later than 60 days after the awarding of the first prize under
this Act, and annually thereafter, the Secretary shall transmit to the
Congress a report that--
(1) identifies each award recipient;
(2) describes the technologies developed by each award
recipient; and
(3) specifies actions being taken toward commercial
application of all technologies with respect to which a prize
has been awarded under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) Awards.--There are authorized to be appropriated to the
Secretary for the period encompassing fiscal years 2008 through
2017 for carrying out this Act--
(A) $20,000,000 for awards described in section
(4)(a)(1);
(B) $20,000,000 for awards described in section
4(a)(2); and
(C) $10,000,000 for the award described in section
4(a)(3).
(2) Administration.--In addition to the amounts authorized
in paragraph (1), there are authorized to be appropriated to
the Secretary for each of fiscal years 2008 and 2009 $2,000,000
for the administrative costs of carrying out this Act.
(b) Carryover of Funds.--Funds appropriated for prize awards under
this Act shall remain available until expended, and may be transferred,
reprogrammed, or expended for other purposes only after the expiration
of 10 fiscal years after the fiscal year for which the funds were
originally appropriated. No provision in this Act permits obligation or
payment of funds in violation of section 1341 of title 31 of the United
States Code (commonly referred to as the Anti-Deficiency Act).
SEC. 10. NONSUBSTITUTION.
The programs created under this Act shall not be considered a
substitute for Federal research and development programs.
Passed the House of Representatives June 6, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
By Deborah M. Spriggs,
Deputy Clerk. | H-Prize Act of 2007 - (Sec. 3) Directs the Secretary of Energy to: (1) award competitive cash prizes biennially to advance the research, development, demonstration, and commercial application of hydrogen energy technologies; and (2) enter into an agreement with a private, nonprofit entity to administer the prize competitions.
Authorizes the Secretary to use appropriated funds for the cash prize program, including certain funds from other federal agencies.
(Sec. 4) Designates prize-eligible categories, including: (1) advancements in certain hydrogen technologies, components, or systems related to hydrogen production, storage, distribution, and utilization; (2) prototypes of hydrogen-powered vehicles or other hydrogen-based products that meet or exceed certain performance criteria; and (3) transformational changes in technologies for hydrogen distribution or production that meet or exceed far-reaching criteria, including minimal carbon emissions, and which may include cost criteria designed to facilitate the eventual market success of a winning technology.
Requires the Secretary to consult with designated agencies when establishing criteria for such awards.
(Sec. 6) Declares that the federal government shall not, by virtue of offering or awarding a prize under this Act, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this Act. States that this Act shall not be construed to prevent the federal government from negotiating a license for the use of intellectual property developed for a prize competition under this Act.
(Sec. 7) Authorizes the Secretary to require registered participants in the awards program to waive claims against the federal government and the administering entity (except claims for willful misconduct) for any injury, death, damage, or loss of property, revenue, or profits arising from the participants' participation in a competition under this Act. Prohibits the Secretary, however, from requiring a registered participant to waive claims against the administering entity arising out of any unauthorized use or disclosure by the entity of the registered participant's trade secrets or confidential business information.
Sets forth liability insurance or alternative financial responsibility requirements for registered participants with regard to third party or federal government claims against them.
(Sec. 8) Instructs the Secretary to report to Congress regarding: (1) identification of the award recipient; (2) description of the technologies developed by each award recipient; and (3) specific actions being taken toward commercial application of all technologies with respect to which a prize has been awarded under this Act.
(Sec. 9) Authorizes appropriations for FY2008-FY2017. | To authorize the Secretary of Energy to establish monetary prizes for achievements in overcoming scientific and technical barriers associated with hydrogen energy. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estate Tax Reduction Act of 2005''.
SEC. 2. 20 PERCENT REDUCTION IN ESTATE TAX RATES.
(a) In General.--Subsection (c) of section 2001 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(c) Rate Schedule.--
``If the amount with respect to The tentative tax is:
which the tentative tax is
to be computed is:
Not over $10,000...............
14.4% of such amount.
Over $10,000 but not over
$20,000.
$1,440, plus 16% of the excess
of such amount over
$10,000
Over $20,000 but not over
$40,000.
$3,040, plus 17.6% of the
excess of such amount
over $20,000
Over $40,000 but not over
$60,000.
$6,560, plus 19.2% of the
excess of such amount
over $40,000
Over $60,000 but not over
$80,000.
$10,400, plus 20.8% of the
excess of such amount
over $60,000
Over $80,000 but not over
$100,000.
$14,560, plus 22.4% of the
excess of such amount
over $80,000
Over $100,000 but not over
$150,000.
$19,040, plus 24% of the excess
of such amount over
$100,000
Over $150,000 but not over
$250,000.
$31,040, plus 25.6% of the
excess of such amount
over $150,000
Over $250,000 but not over
$500,000.
$56,640, plus 27.2% of the
excess of such amount
over $250,000
Over $500,000 but not over
$750,000.
$124,640, plus 29.6% of the
excess of such amount
over $500,000
Over $750,000 but not over
$1,000,000.
$198,640, plus 31.2% of the
excess of such amount
over $750,000
Over $1,000,000 but not over
$1,250,000.
$276,640, plus 32.8% of the
excess of such amount
over $1,000,000
Over $1,250,000 but not over
$1,500,000.
$358,640, plus 34.4% of the
excess of such amount
over $1,250,000
Over $1,500,000 but not over
$2,000,000.
$444,640, plus 36% of the
excess of such amount
over $1,500,000
Over $2,000,000................
$624,640, plus 39.2% of the
excess of such amount
over $2,000,000.''.
(b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying, and gifts made, after the date of the
enactment of this Act.
SEC. 3. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $3,000,000 EXCLUSION;
INFLATION ADJUSTMENT OF UNIFIED CREDIT.
(a) Increase in Unified Credit.--Subsection (c) of section 2010 of
the Internal Revenue Code of 1986 (relating to applicable credit
amount) is amended by striking all that follows ``were the applicable
exclusion amount'' and inserting ``. For purposes of the preceding
sentence, the applicable exclusion amount is $3,000,000.''
(b) Inflation Adjustment.--Section 2010 of such Code is amended by
redesignating subsection (d) as subsection (e) and by inserting after
subsection (c) the following new subsection:
``(d) Cost-of-Living Adjustment.--In the case of any decedent
dying, and gift made, in a calendar year after 2005, the $3,000,000
amount set forth in subsection (c) shall be increased by an amount
equal to--
``(1) $3,000,000, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2004' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act. | Estate Tax Reduction Act of 2005 - Amends the Internal Revenue Code to reduce estate tax rates and increase the unified estate tax credit to $3 million, with an inflation adjustment to such credit amount beginning in 2006. | To amend the Internal Revenue Code of 1986 to reduce estate tax rates by 20 percent, to increase the unified credit against estate and gift taxes to the equivalent of a $3,000,000 exclusion and to provide an inflation adjustment of such amount, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Tourism and
Improving Visitor Experience Act'' or the ``NATIVE Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to enhance and integrate Native American tourism--
(A) to empower Native American communities; and
(B) to advance the National Travel and Tourism
Strategy;
(2) to increase coordination and collaboration between
Federal tourism assets to support Native American tourism and
bolster recreational travel and tourism;
(3) to expand heritage and cultural tourism opportunities
in the United States to spur economic development, create jobs,
and increase tourism revenues;
(4) to enhance and improve self-determination and self-
governance capabilities in the Native American community and to
promote greater self-sufficiency;
(5) to encourage Indian tribes and tribal organizations to
engage more fully in Native American tourism activities to
increase visitation to rural and remote areas in the United
States that are too difficult to access or are unknown to
domestic travelers and international tourists;
(6) to provide grants, loans, and technical assistance to
Indian tribes and tribal organizations that will--
(A) spur important infrastructure development;
(B) increase tourism capacity; and
(C) elevate living standards in Native American
communities; and
(7) to support the development of technologically
innovative projects that will incorporate recreational travel
and tourism information and data from Federal assets to improve
the visitor experience.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Tribal organization.--
(A) In general.--The term ``tribal organization''
has the meaning given the term in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(B) Inclusion.--The term ``tribal organization''
includes a Native Hawaiian organization (as defined in
section 7207 of the Native Hawaiian Education Act (20
U.S.C. 7517)).
SEC. 4. INTEGRATING FEDERAL TOURISM ASSETS TO STRENGTHEN NATIVE TOURISM
OPPORTUNITIES.
(a) Secretary of Commerce and Secretary of the Interior.--The
Secretary of Commerce and the Secretary of the Interior shall update
the respective management plans and tourism initiatives of the
Department of Commerce and the Department of the Interior to include
Indian tribes and tribal organizations.
(b) Other Agencies.--The head of each agency that has recreational
travel or tourism functions or complementary programs shall update the
respective management plans and tourism strategies of the agency to
include Indian tribes and tribal organizations.
(c) Native American Tourism Plans.--
(1) In general.--The plans shall outline policy proposals--
(A) to improve travel and tourism data collection
and analysis;
(B) to increase the integration, alignment, and
utility of public records, publications, and Web sites
maintained by Federal agencies;
(C) to create a better user experience for domestic
travelers and international visitors;
(D) to align Federal agency Web sites and
publications;
(E) to support national tourism goals;
(F) to identify agency programs that could be used
to support tourism capacity building and help sustain
tourism infrastructure in Native American communities;
(G) to develop innovative visitor portals for
parks, landmarks, heritage and cultural sites, and
assets that showcase and respect the diversity of the
indigenous peoples of the United States;
(H) to share local Native American heritage through
the development of bilingual interpretive and
directional signage that could include or incorporate
English and the local Native American language or
languages; and
(I) to improve access to transportation programs
related to Native American community capacity building
for tourism and trade, including transportation
planning for programs related to visitor enhancement
and safety.
(2) Consultation with indian tribes and native americans.--
In developing the plan under paragraph (1), the head of each
agency shall consult with Indian tribes and the Native American
community to identify appropriate levels of inclusion of the
Indian tribes and Native Americans in Federal tourism
activities, public records and publications, including Native
American tourism information available on Web sites.
(d) Technical Assistance.--
(1) In general.--The Secretary of the Interior, in
consultation with the Secretary of Commerce, shall enter into a
memorandum of understanding or cooperative agreement with an
entity or organization with a demonstrated record in tribal
communities of defining, introducing, developing, and
sustaining American Indian, Alaska Native, and Native Hawaiian
tourism and related activities in a manner that respects and
honors native traditions and values.
(2) Coordination.--The memorandum of understanding or
cooperative agreement described in paragraph (1) shall
formalize a role for the organization or entity to serve as a
facilitator between the Secretary of the Interior and the
Secretary of Commerce and the Indian tribes and tribal
organizations--
(A) to identify areas where technical assistance is
needed through consultations with Indian tribes and
tribal organizations to empower the Indian tribes and
tribal organizations to participate fully in the
tourism industry; and
(B) to provide a means for the delivery of
technical assistance and coordinate the delivery of the
assistance to Indian tribes and tribal organizations in
collaboration with the Secretary of the Interior, the
Secretary of Commerce, and other entities with
distinctive experience, as appropriate.
(3) Funding.--Subject to the availability of
appropriations, the head of each Federal agency, including the
Secretary of the Interior, the Secretary of Commerce, the
Secretary of Transportation, the Secretary of Agriculture, the
Secretary of Health and Human Services, and the Secretary of
Labor shall obligate any funds made available to the head of
the agency to cover any administrative expenses incurred by the
organization or entity described in paragraph (1) in carrying
out programs or activities of the agency.
(4) Metrics.--The Secretary of the Interior and the
Secretary of Commerce shall coordinate with the organization or
entity described in paragraph (1) to develop metrics to measure
the effectiveness of the entity or organization in
strengthening tourism opportunities for Indian tribes and
tribal organizations.
(e) Reports.--Not later than 1 year after the date of enactment of
this Act, and occasionally thereafter, the Secretary of the Interior
and the Secretary of Commerce shall each submit to the Committee on
Indian Affairs of the Senate and the Committee on Natural Resources of
the House of Representatives a report that describes--
(1) the manner in which the Secretary of the Interior or
the Secretary of Commerce, as applicable, is including Indian
tribes and tribal organizations in management plans;
(2) the efforts of the Secretary of the Interior or the
Secretary of Commerce, as applicable, to develop departmental
and agency tourism plans to support tourism programs of Indian
tribes and tribal organizations;
(3) the manner in which the entity or organization
described in subsection (d)(1) is working to promote tourism to
empower Indian tribes and tribal organizations to participate
fully in the tourism industry; and
(4) the effectiveness of the entity or organization
described in subsection (d)(1) based on the metrics developed
under subsection (d)(4).
SEC. 5. NATIVE AMERICAN TOURISM AND BRANDING ENHANCEMENT.
(a) In General.--The head of each agency shall--
(1) take actions that help empower Indian tribes and tribal
organizations to showcase the heritage, foods, traditions,
history, and continuing vitality of the Indian tribes and
tribal organizations;
(2) support the efforts of Indian tribes and tribal
organizations--
(A) to identify and enhance or maintain traditions
and cultural features that are important to sustain the
distinctiveness of the local Native American community;
and
(B) to provide visitor experiences that are
authentic and respectful;
(3) provide assistance to interpret the connections between
the indigenous peoples of the United States and the national
identity of the United States;
(4) enhance efforts to promote understanding and respect
for diverse cultures and subcultures in the United States and
the relevance of those cultures to the national brand of the
United States; and
(5) enter into appropriate memoranda of understanding and
establish public-private partnerships to ensure that arriving
domestic travelers at airports and arriving international
visitors at ports of entry are welcomed in a manner that both
showcases and respects the diversity of Indian tribes and
tribal organizations.
(b) Grants.--To the extent practicable, grants administered by the
Commissioner of the Administration for Native Americans, Chairman of
the National Endowment for the Arts, Chairman of the National Endowment
for the Humanities, and any other grant program administered by the
head of an agency for which Indian tribes or tribal organizations are
eligible may be used--
(1) to support the efforts of Indian tribes and tribal
organizations to tell the story of those Indian tribes and
tribal organizations as the First Peoples of the United States;
(2) to use the arts and humanities to help revitalize
Native communities, promote economic development, increase
livability, and present the uniqueness of the United States to
visitors in a way that celebrates the diversity of the United
States; and
(3) to carry out this section.
(c) Smithsonian.--The Advisory Council and the Board of Regents of
the Smithsonian Institution shall work with Indian tribes, tribal
organizations, and nonprofit organizations to establish long-term
partnerships with non-Smithsonian museums and educational and cultural
organizations--
(1) to share collections, exhibitions, interpretive
materials, and educational strategies; and
(2) to conduct joint research and collaborative projects
that would support tourism efforts for Indian tribes and tribal
organizations and carry out the intent of this section. | Native American Tourism and Improving Visitor Experience Act or the NATIVE Act This bill requires the Department of Commerce, the Department of the Interior, and federal agencies with recreational travel or tourism functions to update their management plans and tourism initiatives to include Indian tribes and tribal organizations. Plans must include proposals for improving collection and provision of tourism information and assisting Native American communities. Interior and Commerce must: (1) work with a facilitator to provide technical assistance to Indian tribes and tribal organizations regarding participation in the tourism industry, and (2) report on departmental efforts supporting such participation. Federal agencies must support the cultural activities of Indian tribes and tribal organizations and carry out activities to promote understanding and awareness of Indian tribes and tribal organizations. Any grants for which Indian tribes or tribal organizations are eligible may be used to: (1) support their efforts to present their story and culture, (2) revitalize Native American communities using the arts and humanities, and (3) carry out this Act. The Smithsonian Institution must work with Indian tribes, tribal organizations, and nonprofits to share collections and conduct joint research and projects with museums, educational organizations, and cultural organizations. | NATIVE Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forty Percent Funding of IDEA in
Four Years Act'' or the ``Forty-in-Four Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Federal Government appropriately requires States
that accept funds under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) to make available a free
appropriate public education to all children with disabilities.
(2) While Congress committed to contribute up to 40 percent
of the national average per pupil expenditure to assist States
and local educational agencies with the excess costs of
educating children with disabilities, the Federal Government
has never contributed more than 14.9 percent of the national
average per pupil expenditure under the Individuals with
Disabilities Education Act.
(3) If Congress fully funded the Federal Government's
obligation under the Individuals with Disabilities Education
Act, States and local educational agencies would have
significantly greater resources to reduce class size, improve
school facilities, provide local tax relief, and otherwise
redirect resources to areas based on local need.
(b) Purpose.--The purpose of this Act is to provide by fiscal year
2005 40 percent of the national current average per pupil expenditure
to assist States and local educational agencies with the excess costs
of educating children with disabilities under part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411 et seq.)
SEC. 3. AMOUNT OF GRANT FOR STATES UNDER PART B OF THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT.
(a) In General.--Section 611(a) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(a)) is amended--
(1) by striking paragraph (2); and
(2) by inserting after paragraph (1) the following:
``(2) Minimum amounts.--The minimum amount of the grant a
State is entitled to receive under this section is--
``(A) the number of children with disabilities in
the State who are receiving special education and
related services--
``(i) aged 3 through 5 if the State is
eligible for a grant under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) the following percentages of the average
current per-pupil expenditure in public elementary and
secondary schools in the United States for the
following fiscal years:
``(i) 20 percent for fiscal year 2002.
``(ii) 25 percent for fiscal year 2003.
``(iii) 30 percent for fiscal year 2004.
``(iv) 40 percent for fiscal year 2005 and
each subsequent fiscal year.
``(3) No individual entitlement.--Paragraph (2) shall not
be interpreted to entitle any individual to assistance under
any State program, project, or activity funded under this
part.''.
(b) Conforming Amendments.--(1) Section 611 of the Individuals with
Disabilities Education Act (20 U.S.C. 1411) is amended by striking
subsection (j).
(2) Section 611 of the Individuals with Disabilities Education Act
(20 U.S.C. 1411), as amended by paragraph (1), is further amended--
(A) in subsection (b)(1), by striking ``From the amount
appropriated for any fiscal year under subsection (j), the
Secretary shall reserve not more than one percent, which shall
be used'' and inserting ``From the amount available for any
fiscal year to carry out this part (other than section 619),
the Secretary shall use not more than one percent'';
(B) in subsection (c), by striking ``From the amount
appropriated for any fiscal year under subsection (j), the
Secretary shall reserve'' and inserting ``From the amount
available for any fiscal year to carry out this part (other
than section 619), the Secretary shall use'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) by striking ``(1) In general.--''; and
(II) by striking ``paragraph (2) or
subsection (e), as the case may be'' and
inserting ``subsection (e)''; and
(ii) by striking paragraph (2);
(D) in subsection (e)--
(i) in the heading, by striking ``Permanent'';
(ii) in paragraph (1)--
(I) by striking ``subsection (d)(1)'' and
inserting ``subsection (d)''; and
(II) by inserting after ``subsection (j)''
the following: ``(as such subsection was in
effect on the day before the date of the
enactment of the Forty Percent Funding of IDEA
in Four Years Act)''; and
(iii) in paragraph (3)(B)--
(I) in clause (ii)--
(aa) in subclause (I)(bb), by
striking ``amount appropriated under
subsection (j)'' and inserting ``amount
available to carry out this part (other
than section 619)'';
(bb) in subclause (II)(bb), by
striking ``appropriated'' and inserting
``available''; and
(cc) in subclause (III)(bb), by
striking ``appropriated'' and inserting
``available''; and
(II) in clause (iii)(II), by striking
``appropriated'' and inserting ``available'';
(E) in subsection (g)--
(i) in paragraph (2)--
(I) by striking subparagraph (A);
(II) by striking ``(B) Permanent
procedure.--'';
(III) by redesignating clauses (i) and (ii)
and subclauses (I) and (II) as subparagraphs
(A) and (B) and clauses (i) and (ii),
respectively; and
(IV) in subparagraph (B) (as redesignated),
by striking ``clause (i)'' and inserting
``subparagraph (A)''; and
(ii) in paragraph (3)(A)--
(I) in clause (i)(I), by striking
``appropriated'' and inserting ``available'';
(II) in clause (ii), by striking
``appropriated'' and inserting ``available'';
and
(F) in subsection (i)(3)(A), by striking ``appropriated
under subsection (j)'' and inserting ``available to carry out
this part (other than section 619)''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2001. | Forty Percent Funding of IDEA in Four Years Act - Forty-in-Four Act - Amends the Individuals with Disabilities Education Act (IDEA) to require specified minimum levels of Federal grant payments to States for assistance for education of all children with disabilities in order to increase funding under the Act, by five percent increments per fiscal year, from 20 percent of the national current average for per pupil expenditure in FY 2002 to 40 percent in FY 2005 and afterwards. | To amend the Individuals with Disabilities Education Act to provide full funding for assistance for education of all children with disabilities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Nutrient Removal
Assistance Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) ineffective wastewater treatment is one of the most
common sources of water pollution;
(2) nutrient pollution, particularly phosphorus loading,
continues to be one of the most significant water quality
issues facing the Great Lakes System;
(3) limiting phosphorus loads is key to controlling
excessive algal growth, and a coordinated Great Lakes System-
wide strategy to change how nutrients are discharged is urgent;
and
(4) nutrient removal technology is one of the most
reliable, cost effective, and direct methods for reducing the
flow of phosphorus and other harmful nutrients from point
sources in the Great Lakes System.
SEC. 3. NUTRIENT REMOVAL TECHNOLOGY GRANT PROGRAM.
Section 118 of the Federal Water Pollution Control Act (33 U.S.C.
1268) is amended by adding at the end the following new subsection:
``(i) Nutrient Removal Technology Grant Program.--
``(1) Grant program.--
``(A) Establishment.--Not later than 1 year after
the date of enactment of this subsection, the
Administrator shall establish a program within the
Environmental Protection Agency to make grants to Great
Lakes States, and municipalities thereof, to install,
at eligible facilities, nutrient removal technologies
that are designed to reduce total nutrients in
discharged wastewater.
``(B) Priority.--In making a grant under this
subsection, the Administrator shall--
``(i) consult with the Program Office; and
``(ii) give priority to eligible facilities
at which the installation of nutrient removal
technologies would--
``(I) produce the greatest nutrient
load reductions at points of discharge;
``(II) result in the greatest
environmental benefits to the Great
Lakes System; and
``(III) help meet the objectives
related to nutrients outlined in Annex
4 of the Great Lakes Water Quality
Protocol of 2012.
``(C) Application.--A Great Lakes State, or
municipality thereof, may submit to the Administrator
an application for a grant under this subsection in
such form, and including such information, as the
Administrator may prescribe.
``(D) Grant.--If the Administrator approves an
application submitted under this subsection, the
Administrator may make a grant to the applicant in an
amount not to exceed 55 percent of the cost of
installing the nutrient removal technologies at the
eligible facility with respect to which the application
was submitted.
``(2) Definitions.--In this subsection:
``(A) Great lakes water quality protocol of 2012.--
The term `Great Lakes Water Quality Protocol of 2012'
means the Great Lakes Water Quality Protocol of 2012,
signed at Washington on September 7, 2012 (further
amending the Great Lakes Water Quality Agreement).
``(B) Eligible facility.--The term `eligible
facility' means a municipal wastewater treatment
facility that--
``(i) as of the date of enactment of this
subsection, has a permitted design capacity to
treat an annual average of at least 500,000
gallons of wastewater per day; and
``(ii) is located within the Great Lakes
System in any of the Great Lakes States.
``(3) Authorization of appropriations.--
``(A) In general.--In addition to other amounts
authorized under this section, there is authorized to
be appropriated to carry out this subsection
$100,000,000 for each of fiscal years 2016 through
2020. Such sums shall remain available until expended.
``(B) Administrative costs.--The Administrator may
use not to exceed 4 percent of any amount made
available under subparagraph (A) to pay administrative
costs incurred in carrying out this subsection.''. | Great Lakes Nutrient Removal Assistance Act This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Environmental Protection Agency (EPA) to establish a program to provide grants to states in the Great Lakes System (i.e., Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin) and municipalities in those states to install nutrient removal technologies at a municipal wastewater treatment facility that has a permitted design capacity to treat an annual average of at least 500,000 gallons of wastewater per day. The EPA must give priority to facilities at which nutrient removal technology installations would: (1) produce the greatest nutrient load reductions at points of discharge, (2) result in the greatest environmental benefits to the Great Lakes System, and (3) help meet the objectives related to nutrients outlined in Annex 4 of the 2012 Great Lakes Water Quality Agreement. | Great Lakes Nutrient Removal Assistance Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support Our Military Caregivers
Act''.
SEC. 2. EXTERNAL CLINICAL REVIEW OF DENIED APPLICATIONS BY CAREGIVERS
OF VETERANS.
(a) In General.--Section 1720G of title 38, United States Code, is
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) External Clinical Review of Applications.--(1) Using amounts
otherwise appropriated to carry out this section, an individual may
elect to have an independent contractor described in paragraph (2)
perform an external clinical review of any of the following:
``(A) The denial by the Secretary of an application by an
individual to be a caregiver or family caregiver eligible for
the program of comprehensive assistance administered by the
Secretary pursuant to this section.
``(B) With respect to such an application that the
Secretary has granted, a determination by the Secretary of the
level or amount of personal care services that a veteran
requires.
``(C) A request by a caregiver or family caregiver for a
reconsideration of the level or amount of personal care
services that a veteran requires based on changes to the health
or abilities of the veteran occurring since the Secretary
granted such an application.
``(D) The revocation by the Secretary of assistance
administered by the Secretary pursuant to this section.
``(2) An independent contractor described in this paragraph is an
independent contractor that--
``(A) is awarded a contract by the Secretary to carry out
this section pursuant to full and open competition under the
Federal Acquisition Regulation;
``(B) has no direct or indirect financial relationship with
any non-Department provider of services to caregivers and
family caregivers pursuant to this title;
``(C) has not otherwise conducted an external clinical
review of benefits administered by the Secretary pursuant to
this title other than this section;
``(D) has sufficient training and expertise in medical
science and other appropriate health, educational, and
vocational training and legal matters to perform the reviews
described in paragraph (1); and
``(E) employs a panel of physicians or other appropriate
health care professionals who do not provide health care to the
individual who makes an election under paragraph (1).
``(3) Each external clinical review conducted pursuant to paragraph
(1) shall--
``(A) be based on applicable information included in the
application for assistance described in such paragraph,
including clinical expertise, medical, technical, and
scientific evidence;
``(B) include an opportunity for both the individual who
elects for such review and, to the extent possible, the veteran
for whom care is being provided to offer opinions and
supporting data as to the level of care required; and
``(C) include a review of the initial clinical review of
such veteran and any other review made by the Secretary.
``(4) In carrying out the external clinical reviews pursuant to
paragraph (1), the independent contractor shall, as determined
appropriate by the Secretary--
``(A) collect and maintain information required; and
``(B) share such information with the Secretary.
``(5) The Secretary shall take into account, but is not bound by,
any determination made by the independent contractor pursuant to
paragraph (1) in determining the final decision with respect to the
application for assistance. The Secretary may make a final decision
that is contrary to such a determination if the Secretary includes
clinically supported documentation with the decision.
``(6) The Secretary shall ensure that each external clinical review
conducted by the independent contractor pursuant to paragraph (1) is
completed and the Department is notified in writing of the results of
the review by not later than 120 days after the date on which the
individual makes the election under such paragraph. Not later than 30
days after the delivery of the determination recommended by the
independent contractors, the Secretary shall ensure that the veteran
and the individual making the election under such paragraph is notified
in writing of the final decision of the Secretary. In accordance with
paragraph (5), such notification shall include an explanation of the
recommended decision, a discussion of the facts and applicable
regulations, and an explanation of the clinical rationale for the final
decision.
``(7) The Secretary shall notify individuals who submit an
application to be a caregiver or family caregiver eligible for the
program of comprehensive assistance administered by the Secretary
pursuant to this section of the ability of the individual to make an
election under paragraph (1).
``(8) Nothing in this subsection may be construed to affect claims
made by veterans for disability compensation under chapter 11 of this
title.''.
(b) Application.--The amendments made by subsection (a) shall apply
with respect to elections under subsection (d) of section 1720G of
title 38, United States Code, as added by subsection (a)(2), that are
for applications or revocations for assistance for caregivers and
family caregivers pursuant to such section for which the Secretary of
Veterans Affairs has not made a final decision as of the date of the
enactment of this Act.
SEC. 3. PROCESS TO DETERMINE ELIGIBILITY FOR CAREGIVERS OF VETERANS.
(a) Directives.--The Secretary of Veterans Affairs shall issue
directives regarding the policies, procedures, and operational
requirements for the Family Caregiver Program, including with respect
to determining the eligibility of an individual to participate in the
Family Caregiver Program.
(b) GAO Report.--The Comptroller General of the United States shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the processes of the
Secretary of Veterans Affairs with respect to--
(1) determining the eligibility of an individual to
participate in the Family Caregiver Program;
(2) adjudicating appeals to such determinations; and
(3) the periodic eligibility reevaluation of an individual
participating in such program and the communication of any
changes as a result of such reevaluations to the veteran and
caregiver.
(c) Family Caregiver Program Defined.--In this section, the term
``Family Caregiver Program'' either the program of comprehensive
assistance for family caregivers or the program of general caregiver
support services established by section 1720G of title 38, United
States Code. | Support Our Military Caregivers Act This bill permits an individual to elect to have an independent contractor perform an external clinical review of any of the following: a Department of Veterans Affairs (VA) denial of an individual's application to be a caregiver or family caregiver eligible for the VA program of comprehensive assistance for family caregivers of eligible veterans; with respect to an approved application, a VA determination of the level or amount of personal care services that a veteran requires; a request by a caregiver or family caregiver for a reconsideration of the level or amount of personal care services that a veteran requires based on post-application changes; and a revocation of such assistance administered by the VA. The VA shall ensure that each external clinical review is completed and the individual is notified in writing of the results within 120 days of the election. The VA shall issue directives regarding the policies, procedures, and operational requirements for the such program and the VA program of general caregiver support services. The Government Accountability Office shall report to Congress on the VA's processes for determining eligibility for participation in such programs. | Support Our Military Caregivers Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deceptive Practices and Voter
Intimidation Prevention Act of 2006''.
SEC. 2. DECEPTIVE PRACTICES IN ELECTIONS.
(a) Civil Action.--
(1) In general.--Subsection (b) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(b)) is amended--
(A) by striking ``No person'' and inserting the
following:
``(1) No person''; and
(B) by inserting at the end the following new
paragraph:
``(2) No person, whether acting under color of law or
otherwise, shall knowingly deceive any other person regarding--
``(A) the time, place, or manner of conducting a
general, primary, run-off, or special election for the
office of President, Vice President, presidential
elector, Member of the Senate, Member of the House of
Representatives, or Delegate or Commissioner from a
territory or possession;
``(B) the qualifications for or restrictions on
voter eligibility for any election described in
subparagraph (A);
``(C) the political party affiliation of any
candidate running in any election described in
subparagraph (A); or
``(D) the sponsor, endorser, or originator of any
electronic, written, or telephonic communication, or
any other public communication (as defined under
section 301(22) of the Federal Election Campaign Act of
1971 (2 U.S.C. 431(22))), that promotes, supports,
attacks, or opposes a clearly identified candidate in
any election described in subparagraph (A).''.
(2) Private right of action.--
(A) In general.--Subsection (c) of section 2004 of
the Revised Statutes (42 U.S.C. 1971(c)) is amended--
(i) by striking ``Whenever any person'' and
inserting the following:
``(1) Whenever any person''; and
(ii) by adding at the end the following new
paragraph:
``(2) Any person aggrieved by a violation of subsection
(b)(2) may institute a civil action or other proper proceeding
for preventive relief, including an application in a United
States district court for a permanent or temporary injunction,
restraining order, or other order.''.
(B) Conforming amendments.--
(i) Subsection (e) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(e)) is amended
by striking ``subsection (c)'' and inserting
``subsection (c)(1)''.
(ii) Subsection (g) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(g)) is amended
by striking ``subsection (c)'' and inserting
``subsection (c)(1)''.
(b) Criminal Penalty.--Section 594 of title 18, United States Code,
is amended--
(1) by striking ``Whoever'' and inserting the following:
``(a) Intimidation.--Whoever'';
(2) by inserting ``by any means, including by means of
written, electronic, or telephonic communications,'' after
``any other person''; and
(3) by adding at the end the following:
``(b) Deceptive Acts.--
``(1) Prohibition.--
``(A) In general.--It shall be unlawful for any
person to knowingly deceive another person regarding--
``(i) the time, place, or manner of an
election described in subparagraph (B), or the
qualifications for or restrictions on voter
eligibility for any such election, with the
intent to prevent such person from exercising
the right to vote in such election;
``(ii) the political party affiliation of
any candidate running in any election described
in subparagraph (B);
``(iii) the sponsor, endorser, or
originator of any electronic, written, or
telephonic communication, or any other public
communication (as defined under section 301(22)
of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(22))), that promotes, supports,
attacks, or opposes a clearly identified
candidate in any election described in
subparagraph (B).
``(B) Election.--An election described in this
subparagraph is any general, primary, run-off, or
special election for the office of President, Vice
President, presidential elector, Member of the Senate,
Member of the House of Representatives, Delegate of the
District of Columbia, or Resident Commissioner.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned not more than 1
year, or both.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. REPORTING FALSE ELECTION INFORMATION.
(a) In General.--Any person may report to the Assistant Attorney
General of the Civil Rights Division of the Department of Justice, or
the designee of such Assistant Attorney General, any act of deception
regarding--
(1) the time, place, or manner of conducting a general,
primary, run-off, or special election for Federal office;
(2) the qualifications for or restrictions on voter
eligibility for any general, primary, run-off, or special
election for Federal office;
(3) the political party affiliation of any candidate in any
general, primary, run-off, or special election for Federal
office; or
(4) the sponsor, endorser, or originator of any electronic,
written, or telephonic communication, or any other public
communication (as defined under section 301(22) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(22))), that
promotes, supports, attacks, or opposes a clearly identified
candidate in any general, primary, run-off, or special election
for Federal office.
(b) Corrective Action.--
(1) In general.--Except as provided in paragraph (2), not
later than 48 hours after receiving a report under subsection
(a), the Assistant Attorney General shall investigate such
report and, if the Assistant Attorney General determines that
an act of deception described in subsection (a) occurred,
shall--
(A) undertake all effective measures necessary to
provide correct information to voters affected by the
deception, and
(B) refer the matter to the appropriate Federal and
State authorities for criminal prosecution.
(2) Reports within 72 hours of an election.--If a report
under subsection (a) is received within 72 hours before the
election described in such subsection, the Assistant Attorney
General shall immediately investigate such report and, if the
Assistant Attorney General determines that an act of deception
described in subsection (a) occurred, shall immediately
undertake all effective measures necessary to provide correct
information to voters affected by the deception.
(3) Regulations.--
(A) In general.--The Attorney General shall
promulgate regulations regarding the methods and means
of corrective actions to be taken under paragraphs (1)
and (2). Such regulations shall be developed in
consultation with the Election Assistance Commission,
civil rights organizations, voting rights groups, State
election officials, voter protection groups, and other
interested community organizations.
(B) Study.--
(i) In general.--The Attorney General, in
consultation with the Federal Communications
Commission and the Election Assistance
Commission, shall conduct a study on the
feasibility of providing the corrective
information under paragraphs (1) and (2)
through public service announcements, the
emergency alert system, or other forms of
public broadcast.
(ii) Report.--Not later than 180 days after
the date of the enactment of this Act, the
Attorney General shall submit to Congress a
report detailing the results of the study
conducted under clause (i).
(c) Reports to Congress.--
(1) In general.--Not later than 90 days after any primary,
general, or run-off election for Federal office, the Attorney
General shall submit to the appropriate committees of Congress
a report compiling and detailing any allegations of deceptive
practices submitted pursuant to subsection (a) and relating to
such election.
(2) Contents.--
(A) In general.--Each report submitted under
paragraph (1) shall include--
(i) detailed information on specific
allegations of deceptive tactics;
(ii) any corrective actions taken in
response to such allegations;
(iii) the effectiveness of any such
corrective actions;
(iv) any suit instituted under section
2004(b)(2) of the Revised Statutes (42 U.S.C.
1971(b)(2)) in connection with such
allegations;
(v) statistical compilations of how many
allegations were made and of what type;
(vi) the geographic locations of and the
populations affected by the alleged deceptive
information; and
(vii) the status of the investigations of
such allegations.
(B) Exception.--The Attorney General may withhold
any information that the Attorney General determines
would unduly interfere with an on-going investigation.
(3) Report made public.--The Attorney General shall make
the report required under paragraph (1) publicly available
through the Internet and other appropriate means.
(d) Federal Office.--For purposes of this section, the term
``Federal office'' means the office of President, Vice President,
presidential elector, Member of the Senate, Member of the House of
Representatives, or Delegate or Commissioner from a territory or
possession of the United States.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary to
carry out this section. | Deceptive Practices and Voter Intimidation Prevention Act of 2006 - Amends the Revised Statutes and federal criminal law to prohibit any person, whether acting under color of law or otherwise, from knowingly deceiving any other person regarding: (1) the time, place, or manner of conducting any federal election; (2) the qualifications for or restrictions on voter eligibility for any such election; (3) the political party affiliation of any candidate running in any such election; or (4) the sponsor, endorser, or originator of any public communication that promotes, supports, attacks, or opposes a clearly identified candidate in any such election. Creates a private right of action for any person aggrieved by a violation of such prohibition.
Prescribes a criminal penalty for such deceptive acts.
Authorizes any person to report a deceptive act to the Assistant Attorney General (AAG) of the Civil Rights Division of the Department of Justice (or a designee).
Requires the AAG to investigate such a report within 48 hours after its receipt and provide correct information to the voters if it is determined that an act of deception occurred.
Requires an immediate investigation if such a report is received within 72 hours before an election. Directs the AAG, in such an instance, to undertake immediately all effective measures necessary to provide correct information to voters affected by the deception.
Directs the Attorney General to study the feasibility of providing such corrective information through public service announcements, the emergency alert system, or other forms of public broadcast. | A bill to prohibit deceptive practices in Federal elections. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arlington National Cemetery Burial
Eligibility Act''.
SEC. 2. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 2412. Arlington National Cemetery: persons eligible for burial
``(a) Primary Eligibility.--The remains of the following
individuals may be buried in Arlington National Cemetery:
``(1) Any member of the Armed Forces who dies while on
active duty.
``(2) Any retired member of the Armed Forces and any person
who served on active duty and at the time of death was entitled
(or but for age would have been entitled) to retired pay under
chapter 1223 of title 10, United States Code.
``(3) Any former member of the Armed Forces separated for
physical disability before October 1, 1949, who--
``(A) served on active duty; and
``(B) would have been eligible for retirement under
the provisions of section 1201 of title 10 (relating to
retirement for disability) had that section been in
effect on the date of separation of the member.
``(4) Any former member of the Armed Forces whose last
active duty military service terminated honorably and who has
been awarded one of the following decorations:
``(A) Medal of Honor.
``(B) Distinguished Service Cross, Air Force Cross,
or Navy Cross.
``(C) Distinguished Service Medal.
``(D) Silver Star.
``(E) Purple Heart.
``(5) Any former prisoner of war who dies on or after
November 30, 1993.
``(6) The President or any former President.
``(b) Eligibility of Family Members.--The remains of the following
individuals may be buried in Arlington National Cemetery:
``(1) The spouse, surviving spouse, minor child, and, at
the discretion of the Superintendent, unmarried adult child of
a person listed in subsection (a), but only if buried in the
same gravesite as that person.
``(2)(A) The spouse, minor child, and, at the discretion of
the Superintendent, unmarried adult child of a member of the
Armed Forces on active duty if such spouse, minor child, or
unmarried adult child dies while such member is on active duty.
``(B) The individual whose spouse, minor child, and
unmarried adult child is eligible under subparagraph (A), but
only if buried in the same gravesite as the spouse, minor
child, or unmarried adult child.
``(3) The parents of a minor child or unmarried adult child
whose remains, based on the eligibility of a parent, are
already buried in Arlington National Cemetery, but only if
buried in the same gravesite as that minor child or unmarried
adult child.
``(4)(A) Subject to subparagraph (B), the surviving spouse,
minor child, and, at the discretion of the Superintendent,
unmarried adult child of a member of the Armed Forces who was
lost, buried at sea, or officially determined to be permanently
absent in a status of missing or missing in action.
``(B) A person is not eligible under subparagraph (A) if a
memorial to honor the memory of the member is placed in a
cemetery in the national cemetery system, unless the memorial
is removed. A memorial removed under this subparagraph may be
placed, at the discretion of the Superintendent, in Arlington
National Cemetery.
``(5) The surviving spouse, minor child, and, at the
discretion of the Superintendent, unmarried adult child of a
member of the Armed Forces buried in a cemetery under the
jurisdiction of the American Battle Monuments Commission.
``(c) Spouses.--For purposes of subsection (b)(1), a surviving
spouse of a person whose remains are buried in Arlington National
Cemetery by reason of eligibility under subsection (a), who has
remarried is eligible for burial in the same gravesite of that person.
The spouse of the surviving spouse is not eligible for burial in such
gravesite.
``(d) Disabled Adult Unmarried Children.--In the case of an
unmarried adult child who is incapable of self-support up to the time
of death because of a physical or mental condition, the child may be
buried under subsection (b) without requirement for approval by the
Superintendent under that subsection if the burial is in the same
gravesite as the gravesite in which the parent, who is eligible for
burial under subsection (a), has been or will be buried.
``(e) Family Members of Persons Buried in a Group Gravesite.--In
the case of a person eligible for burial under subsection (a) who is
buried in Arlington National Cemetery as part of a group burial, the
surviving spouse, minor child, or unmarried adult child of the member
may not be buried in the group gravesite.
``(f) Exclusive Authority for Burial in Arlington National
Cemetery.--Eligibility for burial of remains in Arlington National
Cemetery prescribed under this section is the exclusive eligibility for
such burial.
``(g) Application for Burial.--A request for burial of remains of
an individual in Arlington National Cemetery made before the death of
the individual may not be considered by the Secretary of the Army or
any other responsible official.
``(h) Register of Buried Individuals.--(1) The Secretary of the
Army shall maintain a register of each individual buried in Arlington
National Cemetery and shall make such register available to the public.
``(2) With respect to each such individual buried on or after
January 1, 1998, the register shall include a brief description of the
basis of eligibility of the individual for burial in Arlington National
Cemetery.
``(i) Definitions.--For purposes of this section:
``(1) The term `retired member of the Armed Forces' means--
``(A) any member of the Armed Forces on a retired
list who served on active duty and who is entitled to
retired pay;
``(B) any member of the Fleet Reserve or Fleet
Marine Corps Reserve who served on active duty and who
is entitled to retainer pay; and
``(C) any member of a reserve component of the
Armed Forces who has served on active duty and who has
received notice from the Secretary concerned under
section 12731(d) of title 10, of eligibility for
retired pay under chapter 1223 of title 10, United
States Code.
``(2) The term `former member of the Armed Forces' includes
a person whose service is considered active duty service
pursuant to a determination of the Secretary of Defense under
section 401 of Public Law 95-202 (38 U.S.C. 106 note).
``(3) The term `Superintendent' means the Superintendent of
Arlington National Cemetery.''.
(b) Publication of Updated Pamphlet.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of the Army shall
publish an updated pamphlet describing eligibility for burial in
Arlington National Cemetery. The pamphlet shall reflect the provisions
of section 2412 of title 38, United States Code, as added by subsection
(a).
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding at the
end the following new item:
``2412. Arlington National Cemetery: persons eligible for burial.''.
(d) Technical Amendments.--Section 2402(7) of title 38, United
States Code, is amended--
(1) by inserting ``(or but for age would have been
entitled)'' after ``was entitled'';
(2) by striking out ``chapter 67'' and inserting in lieu
thereof ``chapter 1223''; and
(3) by striking out ``or would have been entitled to'' and
all that follows and inserting in lieu thereof a period.
(e) Effective Date.--Section 2412 of title 38, United States Code,
as added by subsection (a), shall apply with respect to individuals
dying on or after the date of the enactment of this Act.
SEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN THE COLUMBARIUM IN ARLINGTON
NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding after section 2412, as added by section 2(a) of this
Act, the following new section:
``Sec. 2413. Arlington National Cemetery: persons eligible for
placement in columbarium
``(a) Eligibility.--The cremated remains of the following
individuals may be placed in the columbarium in Arlington National
Cemetery:
``(1) A person eligible for burial in Arlington National
Cemetery under section 2412 of this title.
``(2)(A) A veteran whose last period of active duty service
(other than active duty for training) ended honorably.
``(B) The spouse, surviving spouse, minor child, and, at
the discretion of the Superintendent of Arlington National
Cemetery, unmarried adult child of such a veteran.
``(b) Spouse.--Section 2412(c) of this title shall apply to a
spouse under this section in the same manner as it applies to a spouse
under section 2412.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding after
section 2412, as added by section 2(c) of this Act, the following new
item:
``2413. Arlington National Cemetery: persons eligible for placement in
columbarium.''.
(c) Effective Date.--Section 2413 of title 38, United States Code,
as added by subsection (a), shall apply with respect to individuals
dying on or after the date of the enactment of this Act.
SEC. 4. MONUMENTS IN ARLINGTON NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding after section 2413, as added by section 3(a) of this
Act, the following new section:
``Sec. 2414. Arlington National Cemetery: authorized headstones,
markers, and monuments
``(a) Gravesite Markers Provided by the Secretary.--A gravesite in
Arlington National Cemetery shall be appropriately marked in accordance
with section 2404 of this title.
``(b) Gravesite Markers Provided at Private Expense.--(1) The
Secretary of the Army shall prescribe regulations for the provision of
headstones or markers to mark a gravesite at private expense in lieu of
headstones and markers provided by the Secretary of Veterans Affairs in
Arlington National Cemetery.
``(2) Such regulations shall ensure that--
``(A) such headstones or markers are of simple design,
dignified, and appropriate to a military cemetery;
``(B) the person providing such headstone or marker
provides for the future maintenance of the headstone or marker
in the event repairs are necessary;
``(C) the Secretary of the Army shall not be liable for
maintenance of or damage to the headstone or marker;
``(D) such headstones or markers are aesthetically
compatible with Arlington National Cemetery; and
``(E) such headstones or markers are permitted only in
sections of Arlington National Cemetery authorized for such
headstones or markers as of January 1, 1947.
``(c) Monuments.--(1) No monument (or similar structure as
determined by the Secretary of the Army in regulations) may be placed
in Arlington National Cemetery except pursuant to the provisions of
this subsection.
``(2) A monument may be placed in Arlington National Cemetery if
the monument commemorates--
``(A) the service in the Armed Forces of the individual, or
group of individuals, whose memory is to be honored by the
monument; or
``(B) a particular military event.
``(3) No monument may be placed in Arlington National Cemetery
until the end of the 25-year period beginning--
``(A) in the case of commemoration of service under
paragraph (1)(A), on the last day of the period of service so
commemorated; and
``(B) in the case of commemoration of a particular military
event under paragraph (1)(B), on the last day of the period of
the event.
``(4) A monument may be placed only in those sections of Arlington
National Cemetery designated by the Secretary of the Army for such
placement.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding after
section 2413, as added by section 3(b) of this Act, the following new
item:
``2414. Arlington National Cemetery: authorized headstones, markers,
and monuments.''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to headstones, markers, or monuments placed in
Arlington National Cemetery on or after the date of the enactment of
this Act.
SEC. 5. PUBLICATION OF REGULATIONS.
Not later than one year after the date of the enactment of this
Act, the Secretary of the Army shall publish in the Federal Register
any regulation proposed by the Secretary under this Act.
Passed the House of Representatives March 24, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | Arlington National Cemetery Burial Eligibility Act - Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member and any person who served on active duty and at the time of death was entitled to retired pay (or would have been so entitled but for his or her age); (3) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (4) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (5) any former prisoner of war who dies on or after November 30, 1993; (6) the President or any former President; (7) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member (but only if buried in the same gravesite); (8) the spouse, minor child, and unmarried adult child (discretionary) of a member on active duty if such person dies while the member is on active duty; (9) the individual whose spouse, minor child, and unmarried adult child (discretionary) is eligible under (8), above, but only if buried in the same gravesite; (10) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery, but only if buried in the same gravesite; (11) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member who was lost, buried at sea, or officially determined to be permanently absent in a status of missing or missing in action; and (12) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member buried in a cemetery under the jurisdiction of the American Battle Monuments Commission.
Makes such burial eligibility the exclusive eligibility for Cemetery burial. Prohibits the Secretary of the Army or any other responsible official from considering a request for Cemetery burial made before the death of the individual.
Directs the Secretary to maintain for the public a register of each individual buried in the Cemetery which shall include, for each individual buried there on or after January 1, 1998, a brief description of his or her eligibility for such burial.
Requires the Secretary to publish an updated pamphlet describing Cemetery burial eligibility.
Authorizes the cremated remains of the following persons to be placed in the Cemetery columbarium: (1) a person eligible for burial under this Act; (2) a veteran whose last period of active duty ended honorably; and (3) the spouse, surviving spouse, minor child, or unmarried adult child (discretionary) of such a veteran.
Requires Cemetery gravesites to be appropriately marked. Directs the Secretary to prescribe regulations for the provision of headstones or markers at private expense in lieu of headstones and markers provided in the Cemetery by the Secretary of Veterans Affairs.
Prohibits a memorial or marker from being placed in the Cemetery: (1) unless it commemorates the service of the individual or group whose memory is to be honored by such memorial or marker or a particular military event; or (2) until 25 years after a period of service or a particular military event. | Arlington National Cemetery Burial Eligibility Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joshua Omvig Veterans Suicide
Prevention Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) suicide among veterans suffering from post-traumatic
stress disorder (PTSD) is a serious problem; and
(2) the Secretary of Veterans Affairs should take into
consideration the special needs of veterans suffering from
post-traumatic stress disorder in developing and implementing
the comprehensive program required by section 3(a).
SEC. 3. COMPREHENSIVE PROGRAM FOR SUICIDE PREVENTION AMONG VETERANS.
(a) Program Required.--The Secretary of Veterans Affairs shall
develop and implement a comprehensive program for reducing the
incidence of suicide among veterans.
(b) Program Elements.--
(1) De-stigmatizing mental health.--The program required by
subsection (a) shall include a national mental health campaign
to increase awareness in the veteran community that mental
health is essential to overall health and that very effective
modern treatments can promote recovery from mental illness. The
campaign may include the following:
(A) Activities targeted at veterans of Operation
Iraqi Freedom and Operation Enduring Freedom and the
families of such veterans.
(B) Monthly messages on the Internet website of the
Department of Veterans Affairs that express the theme
that mental health is essential to overall health.
(C) Inclusion of the theme described in
subparagraph (B) in public addresses, speeches, and
veterans service organization convention addresses by
the Secretary of Veterans Affairs and other senior
officials of the Department.
(2) Training of employees and other personnel.--The program
shall provide for mandatory training on suicide and suicide
prevention for appropriate employees and contractor personnel
(including all medical personnel) of the Department of Veterans
Affairs who interact with veterans. Such training shall include
information pertinent to the job of such employees and
personnel, including information on the following:
(A) Recognition of risk factors for suicide.
(B) Protocols for responding to crisis situations
involving veterans who may be at high risk for suicide.
(C) Best practices for suicide prevention.
(3) Family education and outreach.--The program shall
include programs of outreach to, and education for, veterans
and families of veterans (including, in particular, veterans of
Operation Iraqi Freedom and Operation Enduring Freedom and the
families of such veterans) in order to assist the family
members of veterans in--
(A) eliminating or overcoming stigmas associated
with mental illness;
(B) understanding issues that arise in the
readjustment of veterans to civilian life;
(C) identifying signs and symptoms of mental health
problems; and
(D) encouraging veterans to seek assistance for
such problems.
(4) Peer support program.--
(A) In general.--The program shall provide support
for the development of a program to enable veterans to
serve as peer counselors to--
(i) assist other veterans with mental
health issues; and
(ii) conduct outreach to veterans and
families of veterans on mental health matters.
(B) Training.--The program supported by
subparagraph (A) shall include appropriate training for
peer counselors under the program, including training
in the identification of risk factors for suicide.
(C) Peer support counseling as supplemental
service.--The program supported by subparagraph (A)
shall be offered in addition to other mental health
services already offered by the Department and services
created pursuant to this Act.
(5) Health assessments of veterans.--The program shall
encourage all veterans, when they apply for benefits provided
by the Department, to undergo a mental health assessment at a
Department of Veterans Affairs medical facility (including a
center established under section 1712A of title 38, United
States Code).
(6) Counseling and treatment of veterans.--The program
shall provide for referrals to appropriate counseling and
treatment programs for veterans who show signs or symptoms of
mental health problems.
(7) Suicide prevention counselors.--The program shall
provide for the designation of a suicide prevention counselor
at each Department of Veterans Affairs medical facility other
than centers established under section 1712A of title 38,
United States Code. Each counselor shall work with local
emergency rooms, law enforcement agencies, local mental health
organizations, and veterans service organizations to engage in
outreach to veterans to inform them of mental health services
that are available to them and to improve the coordination of
mental health care to veterans at the local level.
(8) Research on best practices.--
(A) In general.--The program shall provide for
research on best practices for suicide prevention among
veterans.
(B) Steering committee.--The Secretary of Veterans
Affairs shall develop a steering committee to advise
the Secretary of Veterans Affairs on the research
described in subparagraph (A). Such steering committee
shall be comprised of representatives from the
following:
(i) National Institute of Mental Health.
(ii) Substance Abuse and Mental Health
Services Administration.
(iii) Centers for Disease Control and
Prevention.
(9) Substance abuse treatment.--The program shall provide
for referrals to appropriate counseling and treatment programs
of veterans who show signs or symptoms of substance abuse.
(10) 24-hour mental health care.--The program shall include
mechanisms to ensure the availability of services for mental
health care for veterans on a 24-hour basis.
(11) Telephone hotline.--The program may include a toll-
free telephone number (commonly referred to as an ``800
number'') through which veterans may obtain information on and
referrals to appropriate mental health services. The telephone
number shall be serviced by personnel with appropriate mental
health training, and shall be operational at all times.
(12) Other elements.--The program may provide for such
other activities and programs to reduce the incidence of
suicide among veterans as the Secretary of Veterans Affairs
considers appropriate.
SEC. 4. REPORT TO CONGRESS ON SUICIDE PREVENTION PROGRAMS AND
ACTIVITIES.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the programs and activities of the Department
of Veterans Affairs to reduce the incidence of suicide among veterans.
(b) Elements.--The report shall include the following:
(1) A description of the status of the implementation of
the program required by section 3(a).
(2) A description of the scheduled implementation of the
program during the two-year period beginning on the date of the
enactment of this Act, including the costs of implementation of
the program over that period.
(3) A plan for additional programs and activities to reduce
the incidence of suicide among veterans.
(4) Such recommendations for additional legislative or
administrative action as the Secretary considers appropriate to
improve and enhance the suicide prevention programs and
activities of the Department.
(c) Consultation.--In developing the plan required by subsection
(b)(3), the Secretary shall consult with the following:
(1) The National Institute of Mental Health.
(2) The Substance Abuse and Mental Health Services
Administration.
(3) Centers for Disease Control and Prevention. | Joshua Omvig Veterans Suicide Prevention Act - Expresses the sense of Congress that: (1) suicide among veterans suffering from post-traumatic stress disorder (PTSD) is a serious problem; and (2) the Secretary of Veterans Affairs should take into consideration the special needs of veterans suffering from PTSD in developing and implementing the program required under this Act.
Directs the Secretary to develop and implement a comprehensive program for reducing the incidence of suicide among veterans.
Requires the program to include: (1) a national mental health campaign to increase mental health awareness in the veteran community; (2) mandatory training on suicide and suicide prevention for appropriate Department of Veterans Affairs (VA) employees and contractor personnel; (3) family education and peer support counseling; (4) veterans' health assessments, counseling, and treatment programs; (5) suicide prevention counselors; (6) research on suicide prevention; (7) treatment programs for veterans suffering from substance abuse; (8) 24-hour veterans' mental health care availability; and (9) a toll-free hotline.
Requires a report from the Secretary to Congress on VA programs and activities to reduce the incidence of suicide among veterans. | A bill to reduce the incidence of suicide among veterans. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Middle Class Tax
Relief Act of 1998''.I20 (b) Amendment of 1986 Code.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Internal Revenue Code of
1986.
(c) Section 15 Not To Apply.--No amendment made by section 2 shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986.
SEC. 2. INCOME TAXED AT LOWEST RATE INCREASED TO $35,000 FOR UNMARRIED
INDIVIDUALS, $70,000 FOR JOINT RETURNS AND SURVIVING
SPOUSES, AND $52,600 FOR HEADS OF HOUSEHOLDS.
(a) General Rule.--Section 1 (relating to tax imposed) is amended
by striking subsections (a) through (e) and inserting the following:
``(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--There is hereby imposed on the taxable income of--
``(1) every married individual (as defined in section 7703)
who makes a single return jointly with his spouse under section
6013, and
``(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $70,000...............
15% of taxable income.
Over $70,000 but not over
$102,300.
$10,500, plus 28% of the excess
over $70,000.
Over $102,300 but not over
$155,950.
$19,544, plus 31% of the excess
over $102,300.
Over $155,950 but not over
$278,450.
$36,175, plus 36% of the excess
over $155,950.
Over $278,450..................
$80,275, plus 39.6% of the
excess over $278,450.
``(b)Heads of Households.--There is hereby imposed on the taxable
income of every head of a household (as defined in section 2(b)) a tax
determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $52,600...............
15% of taxable income.
Over $52,600 but not over
$87,700.
$7,890, plus 28% of the excess
over $52,600.
Over $87,700 but not over
$142,000.
$17,718, plus 31% of the excess
over $87,700.
Over $142,000 but not over
$278,450.
$34,551, plus 36% of the excess
over $142,000.
Over $278,450..................
$83,673 plus 39.6% of the
excess over $278,450.
``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads
of Households).--There is hereby imposed on the taxable income of every
individual (other than a surviving spouse as defined in section 2(a) or
the head of a household as defined in section 2(b)) who is not a
married individual (as defined in section 7703) a tax determined in
accordance with the following table:
``If taxable income is: The tax is:
Not over $35,000...............
15% of taxable income.
Over $35,000 but not over
$61,400.
$5,250, plus 28% of the excess
over $35,000.
Over $61,400 but not over
$128,100.
$12,642, plus 31% of the excess
over $61,400.
Over $128,100 but not over
$278,450.
$33,319, plus 36% of the excess
over $128,100.
Over $278,450..................
$87,445, plus 39.6% of the
excess over $278,450.
``(d) Married Individuals Filing Separate Returns.--There is hereby
imposed on the taxable income of every married individual (as defined
in section 7703) who does not make a single return jointly with his
spouse under section 6013, a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $35,000...............
15% of taxable income.
Over $36,000 but not over
$51,150.
$5,250, plus 28% of the excess
over $35,000.
Over $51,150 but not over
$77,975.
$9,772, plus 31% of the excess
over $51,150.
Over $77,975 but not over
$139,225.
$18,088, plus 36% of the excess
over $77,975.
Over $139,225..................
$40,138, plus 39.6% of the
excess over $139,225.
``(e) Estates and Trusts.--There is hereby imposed on the taxable
income of--
``(1) every estate, and
``(2) every trust,
taxable under this subsection a tax determined in accordance with the
following table:Q10
``If taxable income is: The tax is:
Not over $1,700................
15% of taxable income.
Over $1,700 but not over $4,000
$255, plus 28% of the excess
over $1,700.
Over $4,000 but not over $6,100
$899, plus 31% of the excess
over $4,000.
Over $6,100 but not over $8,350
$1,550, plus 36% of the excess
over $6,100.
Over $8,350....................
$2,360, plus 39.6% of the
excess over $8,350.''.
(b) Inflation Adjustment To Apply in Determining Rates for 1999.--
Subsection (f) of section 1 is amended--
(1) by striking ``1993'' in paragraph (1) and inserting
``1998'',
(2) by striking ``1992'' in paragraph (3)(B) and inserting
``1997'', and
(3) by striking paragraph (7).
(c) Conforming Amendments.--
(1) The following provisions are each amended by striking
``1992'' and inserting ``1997'' each place it appears:
(A) Section 25A(h).
(B) Section 32(j)(1)(B).
(C) Section 41(e)(5)(C).
(D) Section 42(h)(6)(G)(i)(II).
(E) Section 68(b)(2)(B).
(F) Section 135(b)(2)(B)(ii).
(G) Section 151(d)(4).
(H) Section 221(g)(1)(B).
(I) Section 512(d)(2)(B).
(J) Section 513(h)(2)(C)(ii).
(K) Section 877(a)(2).
(L) Section 911(b)(2)(D)(ii)(II).
(M) Section 4001(e)(1)(B).
(N) Section 4261(e)(4)(A)(ii).
(O) Section 6039F(d).
(P) Section 6334(g)(1)(B).
(Q) Section 7430(c)(1).
(2) Subparagraph (B) of section 59(j)(2) is amended by
striking ``, determined by substituting `1997' for `1992' in
subparagraph (B) thereof''.
(3) Subparagraph (B) of section 63(c)(4) is amended by
striking ``by substituting for'' and all that follows and
inserting ``by substituting for `calendar year 1997' in
subparagraph (B) thereof `calendar year 1987' in the case of
the dollar amounts contained in paragraph (2) or (5)(A) or
subsection (f).''
(4) Subparagraph (B) of section 132(f)(6) is amended by
inserting before the period ``, determined by substituting
`calendar year 1992' for `calendar year 1997' in subparagraph
(B) thereof''.
(5) Paragraph (2) of section 220(g) is amended by striking
``by substituting `calendar year 1997' for `calendar year 1992'
in subparagraph (B) thereof''.
(6) Subparagraph (B) of section 685(c)(3) is amended by
striking ``, by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(7) Subparagraph (B) of section 2032A(a)(3) is amended by
striking ``by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(8) Subparagraph (B) of section 2503(b)(2) is amended by
striking ``by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(9) Paragraph (2) of section 2631(c) is amended by striking
``by substituting `calendar year 1997' for `calendar year 1992'
in subparagraph (B) thereof''.
(10) Subparagraph (B) of 6601(j)(3) is amended by striking
``by substituting `calendar year 1997' for `calendar year 1992'
in subparagraph (B) thereof''.
(d) Modification of Withholding Tables for Taxable Year 1998.--
Notwithstanding the provisions of section 3402(a) of the Internal
Revenue Code of 1986, the Secretary of the Treasury shall modify the
tables and procedures under section 3402(a)(1) of such Code to reflect
the amendment made by subsection (a). Such modification shall--
(1) take effect on July 1, 1998, and
(2) reflect the entire reduction in taxes for calendar year
1998 made by such amendment during the 6-month period beginning
July 1, 1998.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | Middle Class Tax Relief Act of 1998 - Amends the Internal Revenue Code to revise the tax imposed and increase the 15 percent tax bracket for joint returns and surviving spouses, heads of households, other unmarried individuals, married individuals filing separately, and estates and trusts. | Middle Class Tax Relief Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Vaccine Injury Compensation
Program Improvement Act of 2005''.
SEC. 2. BASIS FOR CALCULATING PROJECTED LOST EARNINGS.
Section 2115(a)(3)(B) of the Public Health Service Act (42 U.S.C.
300aa-15(a)(3)(B)) is amended by striking all that follows ``for loss
of earnings'' and inserting the following: ``determined on the basis of
the annual estimate of the average (mean) gross weekly earnings of
full-time wage and salary workers age 18 and over in the private
nonfarm sector (which includes all industries other than agricultural
production of crops and livestock), as calculated annually by the
Bureau of Labor Statistics from the quarter sample data of the Current
Population Survey, or as calculated by such similar method as the
Secretary may prescribe by regulation, less appropriate taxes and the
average cost of a health insurance policy, as determined by the
Secretary.''.
SEC. 3. INCREASE OF AWARD IN THE CASE OF A VACCINE-RELATED DEATH.
Section 2115(a)(2) of the Public Health Service Act (42 U.S.C.
300aa-15(a)(2)) is amended by striking ``$250,000'' and inserting
``$300,000''.
SEC. 4. ALLOWING COMPENSATION FOR FAMILY COUNSELING EXPENSES AND
EXPENSES OF ESTABLISHING GUARDIANSHIP.
(a) Family Counseling Expenses in Post-1988 Cases.--Section 2115(a)
of the Public Health Service Act (42 U.S.C. 300aa-15(a)) is amended by
adding at the end the following:
``(5) Actual nonreimbursable expenses that have been or
will be incurred for family counseling determined to be
reasonably necessary and that result from the vaccine-related
injury for which the petitioner seeks compensation.''.
(b) Expenses of Establishing Guardianships in Post-1988 Cases.--
Section 2115(a) of the Public Health Service Act (42 U.S.C. 300aa-
15(a)) is further amended by adding at the end the following paragraph:
``(6) Actual and nonreimbursable expenses that have been or
will be incurred to establish and maintain a guardianship,
conservatorship, or trust for an individual who has suffered a
vaccine-related injury, including attorneys' fees and other
costs incurred in a proceeding to establish and maintain such a
guardianship, conservatorship, or trust.''.
(c) Conforming Amendment for Cases From 1988 and Earlier.--Section
2115(b) of the Public Health Service Act (42 U.S.C. 300aa-15(b)) is
amended--
(1) in paragraph (2), by striking ``and'' at the end of the
paragraph;
(2) by redesignating paragraph (3) as paragraph (5) and by
inserting a closing parenthesis before the period in that
paragraph; and
(3) by inserting after paragraph (2) the following
paragraphs:
``(3) family counseling expenses (as provided in paragraph
(5) of subsection (a)),
``(4) expenses of establishing and maintaining
guardianships, conservatorships, or trusts (as provided in
paragraph (6) of subsection (a)), and''.
SEC. 5. ALLOWING PAYMENT OF INTERIM ATTORNEYS' FEES AND COSTS.
Section 2115(e) of the Public Health Service Act (42 U.S.C. 300aa-
15(e)) is amended by adding at the end the following:
``(4) Upon completion of a conference required by Rule 5 of
Appendix J of the Rules of the United States Court of Federal
Claims, a special master may make an interim award of
attorneys' fees and costs if--
``(A) the case involves a vaccine administered on
or after October 1, 1988,
``(B) in tentative findings and conclusions, the
special master determines that the petitioner's claim
has a reasonable basis,
``(C) the award is limited to reasonable attorneys'
fees and other costs (within the meaning of paragraph
(1)(B)) incurred in the proceeding, and
``(D) the petitioner provides documentation
verifying the expenditure of the amount for which
compensation is sought.
``(5) An interim award of attorneys' fees and costs by a
special master under paragraph (4) shall be promptly paid by
the Secretary pursuant to the special master's order and
without need of a judgment. The special master's order for
interim attorneys' fees and costs is not subject to review
under sections 2112(e) and 2112(f) until after the special
master has made a determination regarding an award of
attorneys' fees and costs under paragraph (1).
``(6) The attorneys' fees and costs awarded as compensation
on a petition under paragraph (1) shall be for the total
attorneys' fees and costs incurred in any proceeding on such
petition, less the amount awarded for interim attorneys' fees
and costs. In determining fees and costs under paragraph (1), a
special master may reconsider and modify the amounts awarded
for fees and costs under paragraph (4).''.
SEC. 6. PROCEDURE FOR PAYING ATTORNEYS' FEES.
Section 2115(e) of the Public Health Service Act (42 U.S.C. 300aa-
15(e)), as amended by section 5, is amended by adding at the end the
following:
``(7) When a special master or court awards attorneys' fees
or costs under paragraph (1) or (4), it may order that such
fees and costs be payable solely to the petitioner's attorney
if--
``(A) the petitioner expressly consents, or
``(B) the special master or court, after affording
to the Secretary and all interested persons the
opportunity to submit relevant information, determines
that--
``(i) the petitioner cannot be located or
refuses to respond to a request by the special
master or court for information, and there is
no practical alternative means to ensure that
the attorney will be reimbursed for such fees
and costs expeditiously, or
``(ii) there are other exceptional
circumstances and good cause for paying such
fees and costs solely to the petitioner's
attorney.''.
SEC. 7. EXTENSION OF STATUTE OF LIMITATIONS.
(a) General Rule.--Section 2116(a) of the Public Health Service Act
(42 U.S.C. 300aa-16(a)) is amended--
(1) in paragraph (2), by striking ``36 months'' and
inserting ``6 years''; and
(2) in paragraph (3)--
(A) by striking ``24 months'' and inserting ``6
years''; and
(B) by striking ``48 months'' and inserting ``6
years''.
(b) Additional Extension.--
(1) Limitation period.--Notwithstanding section 2116(a) of
the Public Health Service Act (42 U.S.C. 300aa-16(a)), in the
case of a vaccine set forth in the Vaccine Injury Table that is
administered after September 30, 1988, and before the date of
the enactment of this Act, if a vaccine-related injury or death
occurred as a result of the administration of such vaccine, the
end of the limitation period for filing a petition is the later
of--
(A) the applicable date under section 2116(a) of
the Public Health Service Act (42 U.S.C. 300aa-16(a));
or
(B) the date that is 2 years after the date of the
enactment of this Act.
(2) Effect of previous dismissal.--Notwithstanding section
2111(b)(2) of the Public Health Service Act (42 U.S.C. 300aa-
11(b)(2)), if a petition is filed within the limitation period
applicable under paragraph (1), the petition may not be
dismissed on the basis of a previous dismissal for untimely
filing.
(c) Claims Based on Revisions to Table.--Section 2116(b) of the
Public Health Service Act (42 U.S.C. 300aa-16(b)) is amended by
striking all that follows ``file a petition for such compensation'' and
inserting the following:
``if--
``(1) the vaccine-related death or injury with respect to
which the petition is filed occurred no more than 8 years
before the effective date of the revision of the table; and
``(2)(A) the petition satisfies the conditions stated in
subsection (a); or
``(B) the date of occurrence of the first symptom or
manifestation of onset of injury occurred more than 4 years
before the petition is filed, and the petition is filed no more
than 2 years after the effective date of the revision of the
table.''.
(d) Reports.--
(1) Transmission.--The Secretary of Health and Human
Services shall transmit to the Congress 2 annual reports that
shall each include the following:
(A) Identification of the number of petitions filed
for compensation under the National Vaccine Injury
Compensation Program that would have been time-barred
absent the limitation period provided by subsection
(b).
(B) Describe the effects of subsection (b) on the
ability of the Secretary to administer the National
Vaccine Injury Compensation Program and adjudicate
petitions under such Program in a timely manner.
(2) Dates of submission.--In carrying out this subsection,
the Secretary of Health and Human Services shall transmit--
(A) the first report not later than 1 year after
the date of the enactment of this Act; and
(B) the second report not later than 2 years after
the date of the enactment of this Act.
SEC. 8. ADVISORY COMMISSION ON CHILDHOOD VACCINES.
(a) Selection of Individuals Injured by Vaccines as Public
Members.--Section 2119(a)(1)(B) of the Public Health Service Act (42
U.S.C. 300aa-19(a)(1)(B)) is amended by striking all that follows the
comma and inserting the following: ``of whom 1 shall be the legal
representative of a child who has suffered a vaccine-related injury or
death, and at least 1 other shall be either the legal representative of
a child who has suffered a vaccine-related injury or death or an
individual who has personally suffered a vaccine-related injury.''.
(b) Mandatory Meeting Schedule Eliminated.--Section 2119(c) of the
Public Health Service Act (42 U.S.C. 300aa-19(c)) is amended by
striking ``not less often than four times per year and''.
SEC. 9. CONFORMING AMENDMENT TO TRUST FUND PROVISION.
Section 9510(c)(1)(A) of the Internal Revenue Code of 1986 is
amended by striking ``(as in effect'' and all that follows through
``for vaccine-related injury or death'' and inserting ``(as in effect
on the effective date of the National Vaccine Injury Compensation
Program Improvement Act of 2005) for vaccine-related injury or death''.
SEC. 10. INCREASE IN LIMIT ON ADMINISTRATIVE EXPENSES.
(a) Increase in Limit on Administrative Expenses.--Section
9510(c)(1)(B) of the Internal Revenue Code of 1986 is amended by
striking ``(but not in excess of $9,500,000 for any fiscal year)'' and
inserting ``(but not in excess of $10,000,000 for any fiscal year)''.
(b) Administrative Expenses of Bureau of Public Debt.--Section
9510(c)(1) of the Internal Revenue Code of 1986, as amended by section
9 and subsection (a), is further amended--
(1) in subparagraph (A)(ii), by striking ``or'' 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) the payment of administrative and personnel
expenses that the Bureau of the Public Debt incurs for
financial services for the Trust Fund.''.
SEC. 11. PUBLIC SERVICE ANNOUNCEMENT CAMPAIGN.
Section 2110(c) of the Public Health Service Act (42 U.S.C. 300aa-
10(c)) is amended by striking the period at the end and inserting ``,
including by conducting a public service announcement campaign.''.
SEC. 12. APPLICATION.
The provisions of and amendments made by sections 2, 3, 4, 5, 6, 7,
and 9 apply to a petition filed under section 2111 of the Public Health
Service Act (42 U.S.C. 300aa-11) if the petition is pending on or filed
after the date of the enactment of this Act. | National Vaccine Injury Compensation Program Improvement Act of 2005 - Amends the Public Health Service Act to revise provisions of the National Vaccine Injury Compensation Program.
Specifies how loss of earning is to be calculated for vaccine-related injuries to individuals under the age of 18.
Increases the award for vaccine-related deaths.
Allows compensation under the Program for expenses for family counseling and for establishing and maintaining a guardianship, conservatorship, or trust for an individual with a vaccine-related injury.
Allows a special master to make an interim award of attorneys' fees and costs under certain circumstances. Allows such award to be payable directly to the petitioner's attorney.
Extends the statute of limitation for vaccine-related injury or death to six years after the date of injury or onset of symptoms.
Specifies who is to be a member of the Advisory Commission on Childhood Vaccines. Provides that the Commission shall meet at the call of the Chair (currently, the Commission must meet not less than four times a year).
Amends the Internal Revenue Code to increase the amount of expenses for administering the Program that are allowed to be paid from the Vaccine Injury Compensation Trust Fund. Allows the payment from the Trust Fund of administrative and personnel expenses that the Bureau of Public Debt incurs for financial services for the Trust Fund.
Requires the Secretary of Health and Human Services to include a public service announcement in efforts to inform the public about the Program. | To amend the Public Health Service Act with respect to the National Vaccine Injury Compensation Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Habitat Reform Act of
2004''.
SEC. 2. DESIGNATION OF CRITICAL HABITAT; STANDARD.
(a) In General.--Section 4(a) of the Endangered Species Act of 1973
(16 U.S.C. 1533(a)) is amended--
(1) by redesignating subparagraph (B) of paragraph (3) as
paragraph (4);
(2) in paragraph (4) (as so redesignated)--
(A) by striking ``(i)'' and inserting ``(A)'';
(B) by striking ``(ii)'' and inserting ``(B)''; and
(C) by striking ``(iii)'' and inserting ``(C)'';
and
(3) by amending paragraph (3) to read as follows:
``(3)(A)(i) The Secretary shall, by regulation promulgated in
accordance with subsection (b) and to the maximum extent practicable,
prudent, and determinable, issue a final regulation designating any
habitat of the species determined to be an endangered species or
threatened species that is critical habitat of the species.
``(ii) The Secretary shall make any designation required under
clause (i) by not later than one year after the final approval of a
recovery plan for the species under section 4(f), or 3 years after the
date of publication of the final regulation implementing a
determination that the species is an endangered species or threatened
species, whichever is earlier.
``(B) The Secretary shall reconsider any determination that
designation of critical habitat of a species is not practicable, or
determinable, during the next review under section 4(c)(2)(A) or at the
time of a final approval of a recovery plan for the species under
section 4(f).
``(C) The Secretary may, from time-to-time as appropriate, revise
any designation of critical habitat under this paragraph.
``(D) Notwithstanding subparagraphs (A), (B), and (C), any
designation of an area as critical habitat shall not apply with respect
to any action authorized by--
``(i) a permit under section 10(a) (including any
conservation plan or agreement under that section for such a
permit) that applies to the area;
``(ii) a written statement under section 7(b)(4); or
``(iii) a land conservation or species management program
of a State, a Federal agency, a federally recognized Indian
tribe located within the contiguous 48 States, or the
Metlakatla Indian Community that the Secretary determines
provides protection for habitat of the species that is
substantially equivalent to the protection that would be
provided by such designation.
``(E) Nothing in this paragraph shall be construed to authorize a
recovery plan to establish regulatory requirements or otherwise to have
an effect other than as non-binding guidance.''.
(b) Conforming Amendment.--Section 4(b)(6)(C) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(b)(6)(C)) is repealed.
SEC. 3. BASIS FOR DETERMINATION.
Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)(2)) is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) In determining whether an area is critical habitat, the
Secretary shall seek and, if available, consider information from State
and local governments in the vicinity of the area, including local
resource data and maps.
``(C) Consideration of economic impact under this paragraph shall
include--
``(i) direct, indirect, and cumulative economic costs and
benefits, including consideration of changes in revenues
received by landowners, the Federal Government, and State and
local governments; and
``(ii) costs associated with the preparation of reports,
surveys, and analyses required to be undertaken, as a
consequence of a proposed designation of critical habitat, by
landowners seeking to obtain permits or approvals required
under Federal, State, or local law.
``(D) In designating critical habitat of a species, the Secretary
shall first consider all areas that are known to be within the
geographical area determined by field survey data to be occupied by the
species.''.
SEC. 4. CONTENT OF NOTICES OF PROPOSED DESIGNATION OF CRITICAL HABITAT.
Section 4(b)(5)(A) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)(5)(A)) is amended--
(1) in clause (i) by striking ``, and'' and inserting a
semicolon;
(2) in clause (ii)--
(A) by striking ``and to each'' and inserting ``to
each''; and
(B) by inserting ``, and to the county and any
municipality having administrative jurisdiction over
the area'' after ``to occur''; and
(3) by adding at the end the following:
``(iii) with respect to a regulation to designate
or revise a designation of critical habitat--
``(I) publish maps and coordinates that
describe, in detail, the specific areas that
meet the definition under section 3 of, and are
designated under section 4(a) as, critical
habitat, and all field survey data upon which
such designation is based; and
``(II) maintain such maps, coordinates, and
data on a publicly accessible Internet page of
the Department; and
``(iv) include in each of the notices required
under this subparagraph a reference to the Internet
page referred to in clause (iii)(II);''.
SEC. 5. CLARIFICATION OF DEFINITION OF CRITICAL HABITAT.
Section 3(5) of the Endangered Species Act of 1973 (16 U.S.C.
1532(5)) is amended--
(1) in subparagraph (A) by striking clauses (i) and (ii)
and inserting the following:
``(i) the specific areas--
``(I) that are within the geographical area
determined by field survey data to be occupied by the
species at the time the areas are designated as
critical habitat in accordance with section 4; and
``(II) on which are found those physical and
biological features that are necessary to avoid
jeopardizing the continued existence of the species and
may require special management considerations or
protection; and
``(ii) areas that are not within the geographical area
referred to in clause (i)(I) and that the Secretary determines
are essential for the survival of the species at the time the
areas are designated as critical habitat in accordance with
section 4.'';
(2) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(3) by adding at the end the following:
``(C) For purposes of subparagraph (A)(i) the term `geographical
area determined by field survey data to be occupied by the species'
means the specific area that, at the time the area is designated as
critical habitat in accordance with section 4, is being used by the
species for breeding, feeding, sheltering, or another essential
behavioral pattern.''. | Critical Habitat Reform Act of 2004 - (Sec. 2) Amends the Endangered Species Act of 1973 (ESA) to require the relevant Secretary (the Secretary of the Interior or the Secretary of Commerce), to the maximum extent practicable, prudent, and determinable, to issue a final regulation designating critical habitat of endangered or threatened species within one year after final approval of a recovery plan for the species or three years after publication of the final regulation implementing the endangered or threatened species determination, whichever is earlier.
Requires the Secretary to reconsider any determination that designation of critical habitat of a species is not practicable or determinable during the next five-year review of endangered or threatened species or at the time of final approval of a recovery plan for the species.
Authorizes the Secretary to revise any designation of critical habitat.
Prohibits any designation of an area as critical habitat from applying with respect to actions authorized by: (1) a permit under ESA provisions authorizing the otherwise prohibited taking of listed species in certain circumstances where a habitat conservation plan has been submitted; (2) a written statement issued by the Secretary pursuant to a Federal agency consultation process; or (3) a land conservation or species management program of a State, Federal agency, federally recognized Indian tribe within the contiguous 48 States, or the Metlakatla Indian Community that the Secretary determines provides habitat protection substantially equivalent to the protection that would be provided by species designation.
(Sec. 3) Directs the Secretary, in determining whether an area is critical habit, to seek and consider information from State and local governments in the vicinity of the area, including local resource data and maps.
Specifies factors for consideration regarding the economic impact of critical habitat designation, including changes in revenues and costs associated with preparing reports, surveys, and analyses.
Requires the Secretary, in making such a designation, to first consider all areas known to be within the geographical area occupied by the species as determined by field survey data.
(Sec. 4) Modifies the contents of the required notice of proposed designation of critical habit to include any municipality having administrative jurisdiction over the area in which the species is believed to occur.
Requires the Secretary, with respect to a regulation to designate or revise a designation of critical habitat, to: (1) publish and maintain, on a publicly accessible Internet page of the relevant Department (Interior or Commerce), maps, coordinates, and field survey data of the area; and (2) include in such notice a reference to the Internet page.
(Sec. 5) Redefines "critical habitat" to mean those specific areas: (1) within the geographical area determined by field survey data to be occupied by the species at the time of critical habitat designation, on which are found those physical and biological features necessary to avoid jeopardizing the continued existence of (currently, essential to the conservation of) the species and which may require special management considerations or protections; and (2) areas not within such geographical area but essential for the survival of the species. | To amend the Endangered Species Act of 1973 to reform the process for designating critical habitat under that Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Best Buddies Empowerment for People
with Intellectual Disabilities Act of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Best Buddies operates the first national social and
recreational program in the United States for people with
intellectual disabilities.
(2) Best Buddies is dedicated to helping people with
intellectual disabilities become part of mainstream society.
(3) Best Buddies is determined to end social isolation for
people with intellectual disabilities by promoting meaningful
friendships between them and their non-disabled peers in order
to help increase the self-esteem, confidence, and abilities of
people with and without intellectual disabilities.
(4) Since 1989, Best Buddies has enhanced the lives of
people with intellectual disabilities by providing
opportunities for 1-to-1 friendships and integrated employment.
(5) Best Buddies is an international organization spanning
1,300 middle school, high school, and college campuses.
(6) Best Buddies implements programs that will positively
impact more than 400,000 individuals in 2009 and expects to
impact 500,000 people by 2010.
(7) The Best Buddies Middle Schools program matches middle
school students with intellectual disabilities with other
middle school students and supports 1-to-1 friendships between
them.
(8) The Best Buddies High Schools program matches high
school students with intellectual disabilities with other high
school students and supports 1-to-1 friendships between them.
(9) The Best Buddies Colleges program matches adults with
intellectual disabilities with college students and creates 1-
to-1 friendships between them.
(10) The Best Buddies e-Buddies program supports e-mail
friendships between people with and without intellectual
disabilities.
(11) The Best Buddies Citizens program pairs adults with
intellectual disabilities in 1-to-1 friendships with other
individuals in the corporate and civic communities.
(12) The Best Buddies Jobs program promotes the integration
of people with intellectual disabilities into the community
through supported employment.
(b) Purpose.--The purposes of this Act are to--
(1) provide support to Best Buddies to increase
participation in and public awareness about Best Buddies
programs that serve people with intellectual disabilities;
(2) dispel negative stereotypes about people with
intellectual disabilities; and
(3) promote the extraordinary contributions of people with
intellectual disabilities.
SEC. 3. ASSISTANCE FOR BEST BUDDIES.
(a) Education Activities.--The Secretary of Education may award
grants to, or enter into contracts or cooperative agreements with, Best
Buddies to carry out activities to promote the expansion of Best
Buddies, including activities to increase the participation of people
with intellectual disabilities in social relationships and other
aspects of community life, including education and employment, within
the United States.
(b) Limitations.--
(1) In general.--Amounts appropriated to carry out this Act
may not be used for direct treatment of diseases, medical
conditions, or mental health conditions.
(2) Administrative activities.--Not more than 5 percent of
amounts appropriated to carry out this Act for a fiscal year
may be used for administrative activities.
(c) Rule of Construction.--Nothing in this Act shall be construed
to limit the use of non-Federal funds by Best Buddies.
SEC. 4. APPLICATION AND ANNUAL REPORT.
(a) Application.--
(1) In general.--To be eligible for a grant, contract, or
cooperative agreement under section 3(a), Best Buddies shall
submit an application at such time, in such manner, and
containing such information as the Secretary of Education may
require.
(2) Content.--At a minimum, an application under this
subsection shall contain the following:
(A) A description of activities to be carried out
under the grant, contract, or cooperative agreement.
(B) Information on specific measurable goals and
objectives to be achieved through activities carried
out under the grant, contract, or cooperative
agreement.
(b) Annual Report.--
(1) In general.--As a condition of receipt of any funds
under section 3(a), Best Buddies shall agree to submit an
annual report at such time, in such manner, and containing such
information as the Secretary of Education may require.
(2) Content.--At a minimum, each annual report under this
subsection shall describe the degree to which progress has been
made toward meeting the specific measurable goals and
objectives described in the applications submitted under
subsection (a).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Education for grants, contracts, or cooperative agreements under
section 3(a), $10,000,000 for fiscal year 2010, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
Passed the House of Representatives April 22, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Best Buddies Empowerment for People with Intellectual Disabilities Act of 2009 - (Sec. 3) Authorizes the Secretary of Education to award grants to, or enter into agreements with, Best Buddies (a nonprofit organization dedicated to helping people with intellectual disabilities mesh with mainstream society) to promote the expansion of its programs.
Prohibits the use of funds appropriated pursuant to this Act for the direct treatment of diseases, medical conditions, or mental health conditions.
(Sec. 4) Requires Best Buddies' application for a grant or agreement to include specific measurable goals and objectives to be achieved.
Requires Best Buddies to report annually to Congress on the degree to which it is making progress toward such goals and objectives.
(Sec. 5) Authorizes appropriations for such grants or agreements from FY2010-FY2014. | To provide assistance to Best Buddies to support the expansion and development of mentoring programs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NATO Enlargement Facilitation Act of
1996''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Since 1949, the North Atlantic Treaty Organization
(NATO) has played an essential role in guaranteeing the
security, freedom, and prosperity of the United States and its
partners in the Alliance.
(2) The NATO Alliance is, and has been since its inception,
purely defensive in character, and it poses no threat to any
nation. The enlargement of the NATO Alliance to include as full
and equal members emerging democracies in Central and Eastern
Europe will serve to reinforce stability and security in Europe
by fostering their integration into the structures which have
created and sustained peace in Europe since 1945. Their
admission to NATO will not threaten any nation. America's
security, freedom, and prosperity remain linked to the security
of the countries of Europe.
(3) The sustained commitment of the member countries of
NATO to a mutual defense has made possible the democratic
transformation of Central and Eastern Europe. Members of the
Alliance can and should play a critical role in addressing the
security challenges of the post-Cold War era and in creating
the stable environment needed for those emerging democracies in
Central and Eastern Europe to successfully complete political
and economic transformation.
(4) The United States continues to regard the political
independence and territorial integrity of all emerging
democracies in Central and Eastern Europe as vital to European
peace and security.
(5) NATO has enlarged its membership on 3 different
occasions since 1949.
(6) Congress has sought to facilitate the further
enlargement of NATO at an early date by enacting the NATO
Participation Act of 1994 (title II of Public Law 103-447; 22
U.S.C. 1928 note) and the NATO Participation Act Amendments of
1995 (section 585 of Public Law 104-107).
(7) The Partnership for Peace, created in 1994 under
American leadership, has fostered cooperation between NATO and
the countries of Central and Eastern Europe, and offers a path
to future membership in the Alliance and a permanent security
relationship between participants in the Partnership for Peace
and members of NATO.
(8) As new members of NATO assume the responsibilities of
Alliance membership, the costs of maintaining stability in
Europe will be shared more widely. The concurrent assumption of
greater responsibility and development of greater capabilities
by the European members of NATO in pursuit of a European
security and defense identity will further reinforce
burdensharing. Facilitation of the enlargement process will
require current members of NATO, and the United States in
particular, to demonstrate the political will needed to build
on successful ongoing programs such as the Warsaw Initiative
and the Partnership for Peace by making available the resources
necessary to supplement efforts prospective new members are
themselves undertaking.
(9) New members will be full members of the Alliance,
enjoying all rights and assuming all the obligations under the
Washington Treaty.
(10) In order to assist emerging democracies in Central and
Eastern Europe that have expressed interest in joining NATO to
be prepared to assume the responsibilities of NATO membership,
the United States should encourage and support efforts by such
countries to develop force structures and force modernization
priorities that will enable such countries to contribute to the
full range of NATO missions, including, most importantly,
territorial defense of the Alliance.
(11) Cooperative regional peacekeeping initiatives
involving emerging democracies in Central and Eastern Europe
that have expressed interest in joining NATO, such as the
Baltic Peacekeeping Battalion, the Polish-Lithuanian Joint
Peacekeeping Force, and the Polish-Ukrainian Peacekeeping
Force, can make an important contribution to European peace and
security and international peacekeeping efforts, can assist
those countries preparing to assume the responsibilities of
possible NATO membership, and accordingly should receive
appropriate support from the United States.
(12) NATO remains the only multilateral security
organization capable of conducting effective military
operations and preserving security and stability of the Euro-
Atlantic region.
(13) NATO is an important diplomatic forum and has played a
positive role in defusing tensions between members of the
Alliance and, as a result, no military action has occurred
between two Alliance member states since the inception of NATO
in 1949.
(14) The process of enlarging NATO to include emerging
democracies in Central and Eastern Europe should be a
continuing process and progress toward the admission of
additional emerging democracies in Central and Eastern Europe
will depend on the degree to which these countries meet the
criteria set forth in section 203(d)(3) of the NATO
Participation Act of 1994.
(15) Protection and promotion of fundamental freedoms and
human rights is an integral aspect of genuine security, and in
evaluating requests for membership in NATO, the human rights
records of the emerging democracies in Central and Eastern
Europe should be evaluated in light of the obligations and
commitments of these countries under the Charter of the United
Nations, the Universal Declaration of Human Rights, and the
Helsinki Final Act.
(16) A number of Central and Eastern European countries
have expressed interest in NATO membership, and have taken
concrete steps to demonstrate this commitment; including their
participation in Partnership for Peace activities.
(17) Democratic civilian control of defense forces is an
essential element in the process of preparation for those
states interested in possible NATO membership.
(18) The security and economic stability of the Caucasus
region is important to the United States, and the countries of
the Caucasus region should not be precluded from future
membership in NATO. The United States should continue to
promote policies that encourage economic and fiscal reforms,
private sector growth, and political reforms in the Caucasus
region.
(19) In recognition that not all countries which have
requested membership in NATO will necessarily qualify at the
same pace, the accession date for each new member may vary.
(20) The process of NATO enlargement entails the consensus
agreement of the governments of all 16 NATO members and
ratification in accordance with their constitutional
procedures.
(21) The provision of additional NATO transition assistance
should include those emerging democracies most ready for closer
ties with NATO and should be designed to assist other countries
meeting specified criteria of eligibility to move forward
toward eventual NATO membership.
(22) Lasting security and stability in Europe requires not
only the military integration of emerging democracies of
Central and Eastern Europe into existing European structures,
but also the eventual economic and political integration of
these countries into existing European structures.
(23) The Congress of the United States finds that Poland,
Hungary, and the Czech Republic have made the most progress
toward achieving the stated criteria and should be eligible for
the additional assistance described in this bill.
(24) The evaluation of future membership in NATO for
emerging democracies in Central and Eastern Europe should be
based on the progress of those nations in meeting criteria for
NATO membership, which require enhancement of NATO's security
and the approval of all NATO members.
SEC. 3. UNITED STATES POLICY.
It should be the policy of the United States--
(1) to join with the NATO allies of the United States to
adapt the role of the NATO Alliance to the post-Cold War world;
(2) to actively assist the emerging democracies in Central
and Eastern Europe in their transition so that such countries
may eventually qualify for NATO membership;
(3) to ensure that all countries in Central and Eastern
Europe are fully aware of the costs and responsibilities of
NATO membership, including the obligation set forth in Article
X of the North Atlantic Treaty that new members be able to
contribute to the security of the North Atlantic area, and
further to ensure that all countries admitted to NATO are
capable of assuming those costs and responsibilities; and
(4) to work to define a constructive and cooperative
political and security relationship between an enlarged NATO
and the Russian Federation.
SEC. 4. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT OF NATO.
It is the sense of the Congress that in order to promote economic
stability and security in Slovakia, Estonia, Latvia, Lithuania,
Slovenia, Bulgaria, Romania, Albania, Moldova, and Ukraine--
(1) the United States should continue to support the full
and active participation of these countries in activities
appropriate for qualifying for NATO membership;
(2) the United States Government should continue to use all
diplomatic means available to press the European Union to admit
as soon as possible any country which qualifies for membership;
and
(3) the United States Government and the North Atlantic
Treaty Organization should continue to support military
exercises and peacekeeping initiatives between and among these
nations and members of the North Atlantic Treaty Organization.
SEC. 5. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA, AND LITHUANIA.
In view of the forcible incorporation of Estonia, Latvia, and
Lithuania into the Soviet Union in 1940 under the Molotov-Ribbentrop
Pact and the refusal of the United States and other countries to
recognize that incorporation for over 50 years, it is the sense of the
Congress that--
(1) Estonia, Latvia, and Lithuania have valid historical
security concerns that must be taken into account by the United
States; and
(2) Estonia, Latvia, and Lithuania should not be
disadvantaged in seeking to join NATO by virtue of their
forcible incorporation into the Soviet Union.
SEC. 6. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT
ASSISTANCE.
(a) In General.--The following countries are designated as eligible
to receive assistance under the program established under section
203(a) of the NATO Participation Act of 1994 and shall be deemed to
have been so designated pursuant to section 203(d) of such Act: Poland,
Hungary, and the Czech Republic.
(b) Authority to Designate Other Countries Not Precluded.--The
process of enlarging NATO to include emerging democracies in Central
and Eastern Europe should not stop with the admission of Poland,
Hungary, and the Czech Republic as full members of the NATO Alliance.
Accordingly, the designation of countries pursuant to subsection (a)
shall not be deemed to preclude the designation by the President of
other Central and Eastern European countries pursuant to section 203(d)
of the NATO Participation Act of 1994 as eligible to receive assistance
under the program established under section 203(a) of such Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT
ASSISTANCE.
(a) In General.--There are authorized to be appropriated
$60,000,000 for fiscal year 1997 for the program established under
section 203(a) of the NATO Participation Act of 1994.
(b) Availability.--Of the funds authorized to be appropriated by
subsection (a)--
(1) not less than $20,000,000 shall be available for the
subsidy cost, as defined in section 502(5) of the Credit Reform
Act of 1990, of direct loans pursuant to the authority of
section 203(c)(4) of the NATO Participation Act of 1994
(relating to the ``Foreign Military Financing Program'');
(2) not less than $30,000,000 shall be available for
assistance on a grant basis pursuant to the authority of
section 203(c)(4) of the NATO Participation Act of 1994
(relating to the ``Foreign Military Financing Program''); and
(3) not more than $10,000,000 shall be available for
assistance pursuant to the authority of section 203(c)(3) of
the NATO Participation Act of 1994 (relating to international
military education and training).
(c) Rule of Construction.--Amounts authorized to be appropriated
under this section are authorized to be appropriated in addition to
such amounts as otherwise may be available for such purposes.
SEC. 8. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE
INFORMATION MANAGEMENT SYSTEM.
(a) In General.--Funds described in subsection (b) are authorized
to be made available to support the implementation of the Regional
Airspace Initiative and the Partnership for Peace Information
Management System, including--
(1) the procurement of items in support of these programs;
and
(2) the transfer of such items to countries participating
in these programs, which may include Poland, Hungary, the Czech
Republic, Slovakia, Estonia, Latvia, Lithuania, Romania,
Slovenia, Albania, Ukraine, and Bulgaria.
(b) Funds Described.--Funds described in this subsection are funds
that are available--
(1) during any fiscal year under the NATO Participation Act
of 1994 with respect to countries eligible for assistance under
that Act; or
(2) during fiscal year 1997 under any Act to carry out the
Warsaw Initiative.
SEC. 9. EXCESS DEFENSE ARTICLES.
(a) Priority Delivery.--Notwithstanding any other provision of law,
the delivery of excess defense articles under the authority of section
203(c) (1) and (2) of the NATO Participation Act of 1994 and section
516 of the Foreign Assistance Act of 1961 shall be given priority to
the maximum extent feasible over the delivery of such excess defense
articles to all other countries except those countries referred to in
section 541 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1995 (Public Law 103-306; 108 Stat. 1640).
(b) Cooperative Regional Peacekeeping Initiatives.--The Congress
encourages the President to provide excess defense articles and other
appropriate assistance to cooperative regional peacekeeping initiatives
involving emerging democracies in Central and Eastern Europe that have
expressed an interest in joining NATO in order to enhance their ability
to contribute to European peace and security and international
peacekeeping efforts.
SEC. 10. MODERNIZATION OF DEFENSE CAPABILITY.
The Congress endorses efforts by the United States to modernize the
defense capability of Poland, Hungary, the Czech Republic, and any
other countries designed by the President pursuant to section 203(d) of
the NATO Participation Act of 1994, by exploring with such countries
options for the sale or lease to such countries of weapons systems
compatible with those used by NATO members, including air defense
systems, advanced fighter aircraft, and telecommunications
infrastructure.
SEC. 11. TERMINATION OF ELIGIBILITY.
(a) Termination of Eligibility.--The eligibility of a country
designated pursuant to section 6(a) or pursuant to section 203(d) of
the NATO Participation Act of 1994 may be terminated upon determination
by the President that such country no longer meets the criteria set
forth in section 203(d)(3) of the NATO Participation Act of 1994.
(b) Notification.--At least 15 days before terminating the
eligibility of any country pursuant to subsection (a), the President
shall notify the congressional committees specified in section 634A of
the Foreign Assistance Act of 1961 in accordance with the procedures
applicable to reprogramming notifications under that section.
Passed the House of Representatives July 23, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | NATO Enlargement Facilitation Act of 1996 - Declares that it should be the policy of the United States to: (1) assist the transition to full membership in the North Atlantic Treaty Organization (NATO) of emerging democracies in Central and Eastern Europe; (2) ensure that such countries are aware of the costs and responsibilities of such membership; and (3) work to construct a political and security relationship between an enlarged NATO and the Russian Federation.
Expresses the sense of the Congress that in order to promote security in Estonia, Latvia, Lithuania, Slovenia, Slovakia, Bulgaria, Romania, Albania, Moldova, and Ukraine: (1) the United States should continue to support the full and active participation of these countries in activities that will qualify them for NATO membership; (2) the U.S. Government should continue to press the European Union to admit as soon as possible any country qualifying for membership; and (3) the United States and NATO should continue to support military and peacekeeping initiatives between and among such countries and NATO countries.
Expresses the sense of the Congress that Estonia, Latvia, and Lithuania have valid historical security concerns and should not be disadvantaged in seeking to join NATO by virtue of their forcible incorporation into the Soviet Union.
Designates Poland, Hungary, and the Czech Republic as eligible to receive certain assistance for transition to full membership in NATO. Declares that such designation shall not preclude the designation by the President of other Central and Eastern Europe countries.
Authorizes appropriations for FY 1997 for NATO enlargement assistance.
Authorizes the availability of certain funds for implementation of the Regional Airspace Initiative and the Partnership for Peace Information Management System.
Declares that the transfer of excess defense articles to countries intending to participate in NATO (including countries on NATO's southern flank) shall be given priority, to the maximum extent feasible, over the delivery of such articles to other countries, except certain countries specified under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995.
Declares that the Congress endorses U.S. efforts to modernize the defense capability of Poland, Hungary, the Czech Republic, and any other countries the President designates under the NATO Participation Act of 1994, by exploring options for the sale or lease to such countries of weapons systems compatible with those used by NATO members, including air defense systems, advanced fighter aircraft, and telecommunications infrastructure.
Provides for the termination of the eligibility of a country for Partnership of Peace assistance. | NATO Enlargement Facilitation Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Cookstoves and Fuels Support
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Nearly half the world's population cooks their food
over open fires or inefficient, polluting, and unsafe
cookstoves using wood, agricultural waste, dung, coal, or other
solid fuels. Smoke from the use of these traditional cookstoves
and open fires is associated with a number of chronic and acute
diseases and injuries, including respiratory illnesses such as
pneumonia, heart disease, and cancer, with women and young
children affected disproportionately.
(2) The Global Burden of Disease Study 2010 doubled the
mortality estimates for exposure to smoke from cookstoves,
referred to as ``household air pollution'', from 2,000,000 to
4,000,000 deaths annually in the developing world, which the
Study indicates is more than the deaths from malaria,
tuberculosis, and HIV/AIDS combined. The Study attributes
3,500,000 deaths to cookstoves smoke exposures indoors and
500,000 deaths to the contribution of cookstoves to outdoor air
pollution. Millions more are sickened from the toxic smoke and
thousands suffer burns annually from open fires or unsafe
cookstoves and fuels. The Study ranks household air pollution
as the fourth worst overall health risk factor in the world and
as the second worst health risk factor in the world for women
and girls. Cookstove smoke exposures are particularly prominent
in developing regions of Asia and Africa.
(3) The amount of biomass cooking fuel required each year
can reach up to two tons per family. Where demand for local
biomass outstrips the natural regrowth of resources, local
environmental degradation and loss of biodiversity often
result.
(4) Tremendous amounts of time, a burden shouldered
disproportionately by women and children, is spent collecting
and managing biomass cooking fuel resources. As nearby fuel
supplies dwindle, women are forced to go farther to find fuel
to cook their families' meals. In some regions, women and girls
risk rape and gender-based violence during the up to 20 hours
per week they spend away from their communities gathering
firewood.
(5) Recent studies show that black carbon created from
biomass cookstoves significantly contributes to regional air
pollution and climate change. Black carbon emissions from
residential cookstoves in developing countries account for an
estimated 21 percent of total global inventory, and mitigation
in this sector represents a large potential public health
benefit.
(6) The Global Alliance for Clean Cookstoves is an
innovative public-private partnership hosted by the United
Nations Foundation that was created to enable the adoption of
clean and efficient stoves in 100,000,000 homes by 2020. The
Alliance works with public, private, and non-profit partners to
overcome market barriers that currently impede the production,
deployment, and use of clean cookstoves and fuels in the
developing world.
(7) The United States Government has committed a total of
up to $125,000,000 to the sector, including approximately
$60,000,000 in research, $15,000,000 in field implementation
activities, and up to $50,000,000 in financing, through the
first five years of the Alliance to help spur the adoption of
clean cookstoves and fuels in 100,000,000 households by 2020 as
follows:
(A) The Department of State has committed
$1,020,000 through fiscal year 2015 and the United
States Agency for International Development has
committed $18,400,000 through fiscal year 2015.
(B) The Department of Energy has committed
$13,200,000 through fiscal year 2016.
(C) The Department of Health and Human Services has
committed $31,690,000 through the National Institutes
of Health through fiscal year 2016 and $3,900,000
through the Centers for Disease Control and Prevention
through fiscal year 2015.
(D) The Environmental Protection Agency has
committed $9,670,000 through fiscal year 2015.
(E) The National Science Foundation has committed
$1,270,000 through fiscal year 2015.
(F) The Overseas Private Investment Corporation has
committed up to $50,000,000 through fiscal year 2016 in
debt financing or insurance that meet their credit and
lending standards to support projects that provide
clean, consistent, and affordable access to energy and
energy savings through the manufacture, sale, and
purchase of cookstoves.
(8) This commitment targets a wide range of work, including
expanded research on cookstoves performance, marketing, and
adoption; expanded research on the health, climate and air
quality benefits of clean cookstoves; and expanded field
efforts in Kenya, Haiti, Bangladesh, and Nigeria.
(9) Additional Federal support is being provided to the
Alliance, including by the Department of Agriculture, the
National Oceanic and Atmospheric Administration, and the Peace
Corps.
(10) The Millennium Challenge Corporation, in 2010, prior
to the launch of the Alliance, committed the largest stoves-
related investment to date in Mongolia. The commitment of
$45,300,000 focused on economic growth from energy efficiency
and improved air quality.
SEC. 3. ADVANCEMENT OF GLOBAL ALLIANCE FOR CLEAN COOKSTOVES GOAL.
The Secretary of State, in consultation with the Administrator of
the Environmental Protection Agency, the Secretary of Energy, the
Secretary of Health and Human Services, the Administrator of the United
States Agency for International Development, the Director of the
National Science Foundation, the President of the Overseas Private
Investment Corporation, and the heads of other relevant Federal
agencies, and in coordination with relevant international
nongovernmental organizations and private and governmental entities,
shall work to advance the goals and work of the Global Alliance for
Clean Cookstoves, including through--
(1) applied research and development to improve design,
lower costs, promote technology adoption, conduct health
research and evaluation, and develop global industry standards
and testing protocols for cookstoves and fuels in order to help
ensure minimum standards for efficiency and cleanliness are
met;
(2) diplomatic engagement to encourage a commercial market
for clean cookstoves and fuels, reduce trade barriers, promote
consumer awareness, improve access to large-scale carbon
financing, and foster women-owned businesses along the entire
business value chain;
(3) international development projects to help build
commercial businesses to manufacture, market, distribute, sell,
and service clean cookstoves and fuels;
(4) development efforts related to refugee camps, disaster
relief, and long-term humanitarian and empowerment programs
aimed at assisting women and girls; and
(5) financing or insurance to support projects that provide
access to clean, affordable energy and energy savings through
the manufacture, sale, and purchase of clean cookstoves and
fuels.
SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Department of State and United States Agency for International
Development.--There are authorized to be appropriated out of funds
available to the Department of State and the United States Agency for
International Development such sums as may be necessary for fiscal
years 2014 through 2015 to work with the Global Alliance for Clean
Cookstoves and foreign governments, including--
(1) to engage in a wide range of diplomatic activities,
including with countries across the globe and with United
States embassies abroad, to support Alliance activities and the
clean cookstoves and fuels sector, and to continue the clean
cooking initiative under the Climate and Clean Air Coalition to
reduce emissions of short-lived climate pollutants;
(2) to advance programs that support the adoption of
affordable cookstoves that require less fuel to meet household
energy needs and release fewer pollutants, as a means to
improve health, reduce environmental degradation, mitigate
climate change, foster economic growth, and empower women; and
(3) to carry out other activities under this Act.
(b) Department of Energy.--There are authorized to be appropriated
to the Secretary of Energy out of funds available to the Department of
Energy such sums as may be necessary for fiscal years 2014 through 2016
to work with the Global Alliance for Clean Cookstoves, including--
(1) to conduct research to spur development of low-cost,
low-emission, high-efficiency cookstoves through research in
areas such as combustion, heat transfer, and materials
development;
(2) to conduct research to spur development of low-
emission, high-efficiency biomass fuels;
(3) to support innovative small businesses in the United
States that are developing advanced cookstoves and improved
cookstove assessment devices; and
(4) to carry out other activities under this Act.
(c) National Institutes of Health.--There are authorized to be
appropriated to the Secretary of Health and Human Services out of funds
available to the National Institutes of Health such sums as may be
necessary for fiscal years 2014 through 2016 for the National
Institutes of Health to work with the Global Alliance for Clean
Cookstoves, including--
(1) to support health research and training to improve the
health and lives of those at risk from household burning of
solid fuels, including--
(A) dedicated resources for research on household
air pollution to ensure adoption of life-saving
interventions and policy formulation; and
(B) regional network research and training hubs in
global environmental health and occupational health
with a household air pollution focus; and
(2) to carry out other activities under this Act.
(d) Centers for Disease Control and Prevention.--There are
authorized to be appropriated to the Secretary of Health and Human
Services out of funds available to the Centers for Disease Control and
Prevention such sums as may be necessary for fiscal years 2014 through
2015 for the Centers for Disease Control and Prevention to work with
the Global Alliance for Clean Cookstoves, including--
(1) to evaluate cookstove and fuel programs to better
understand their public health benefits and key determinants of
adoption;
(2) to promote a better understanding of the relationship
between human exposures and health outcomes from the use of
traditional cookstoves and open fires; and
(3) to carry out other activities under this Act.
(e) Environmental Protection Agency.--There are authorized to be
appropriated to the Administrator of the Environmental Protection
Agency out of funds available to the Environmental Protection Agency
such sums as may be necessary for fiscal years 2014 through 2015 for
the Environmental Protection Agency to work with the Global Alliance
for Clean Cookstoves, including--
(1) to conduct cookstove and fuel testing and evaluation in
the lab and field, including evaluation of fuel efficiency and
air pollutant emissions that affect human health and the
environment, and to develop international standards regarding
fuel use, emissions, and safety of cookstoves and fuels;
(2) to conduct climate, health, and air quality research,
including with United States institutions of higher education,
on the air quality and climatic benefits of interventions for
cookstoves and residential burning, and to continue the
cookstoves initiative under the Climate and Clean Air Coalition
to reduce emissions of short-lived climate pollutants; and
(3) to carry out other activities under this Act.
(f) National Science Foundation.--There are authorized to be
appropriated to the Director of the National Science Foundation out of
funds available to the National Science Foundation such sums as may be
necessary for fiscal years 2014 through 2015 for the National Science
Foundation to work with the Global Alliance for Clean Cookstoves,
including--
(1) to support research related to the climate, air
quality, and health benefits of the adoption of clean
cookstoves and fuels; and
(2) to carry out other activities under this Act.
(g) Department of Agriculture.--There are authorized to be
appropriated to the Secretary of the Department of Agriculture out of
funds available to the Department of Agriculture such sums as may be
necessary for fiscal years 2014 through 2015 for the Department of
Agriculture to work with the Global Alliance for Clean Cookstoves,
including--
(1) to provide technical expertise on policy questions
facing the cookstoves sector and to help align the Alliance
with ongoing international efforts that promote the sustainable
production and use of clean burning biomass cooking fuels, to
optimize natural resource conservation and agricultural
productivity; and
(2) to carry out other activities under this Act.
(h) National Oceanic and Atmospheric Administration.--There are
authorized to be appropriated to the Administrator of the National
Oceanic and Atmospheric Administration (NOAA) out of funds available to
NOAA such sums as may be necessary for fiscal years 2014 through 2015
for NOAA to work with the Global Alliance for Clean Cookstoves,
including--
(1) to partner with scientists in other countries to
monitor global black carbon emissions and assess climate
impacts and benefits of switching to clean cookstoves; and
(2) to carry out other activities under this Act.
(i) Peace Corps.--There are authorized to be appropriated to the
Director of the Peace Corps out of funds available to the Peace Corps
such sums as may be necessary for fiscal years 2014 through 2015 for
the Peace Corps to work with the Global Alliance for Clean Cookstoves,
including--
(1) to train community members to select, construct, and
maintain clean cookstoves and fuels, provide ongoing support to
sustain their use, and help families, schools, and others
access grants to lower the cost; and
(2) to carry out other activities under this Act.
(j) Future Years Funding.--It is the sense of Congress that the
departments and agencies referenced in this section should be provided
sufficient funding in future fiscal years to fund commitments related
to work with the Global Alliance for Clean Cookstoves. | Clean Cookstoves and Fuels Support Act - Directs the Secretary of State to work to advance the goals of the Global Alliance for Clean Cookstoves. Authorizes appropriations for the Department of State, the U.S. Agency for International Development (USAID), the Department of Energy (DOE), the National Institutes of Health (NIH), the Centers for Disease Control and Prevention (CDCP), the Environmental Protection Agency (EPA), the National Science Foundation (NSF), the Department of Agriculture (USDA), the National Oceanic and Atmospheric Administration (NOAA), and the Peace Corps to work with the Alliance. Expresses the sense of Congress that such departments and agencies should be provided sufficient future funding to work with the Alliance. | Clean Cookstoves and Fuels Support Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Regulatory Commission
Authorization Act for Fiscal Years 1994 and 1995''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1994 AND 1995.
(a) In General.--There are authorized to be appropriated to the
Nuclear Regulatory Commission, in accordance with section 261 of the
Atomic Energy Act of 1954 (42 U.S.C. 2017) and section 305 of the
Energy Reorganization Act of 1974 (42 U.S.C. 5875), the following
amounts:
(1) Fiscal year 1994.--$542,900,000 for fiscal year 1994,
to remain available until expended, of which $22,000,000 is
authorized from the Nuclear Waste Fund.
(2) Fiscal year 1995.--$546,800,000 for fiscal year 1995,
to remain available until expended, of which $22,000,000 is
authorized from the Nuclear Waste Fund.
(b) Office of Inspector General.--There are authorized to be
appropriated to the Nuclear Regulatory Commission's Office of Inspector
General, in accordance with the provisions of section 1105(a)(25) of
title 31, United States Code, the following amounts:
(1) Fiscal year 1994.--$4,800,000 for fiscal year 1994, to
remain available until expended.
(2) Fiscal year 1995.--$5,000,000 for fiscal year 1995, to
remain available until expended.
SEC. 3. ALLOCATION OF AMOUNTS AUTHORIZED.
(a) In General.--The amounts authorized to be appropriated under
section 2(a) for fiscal years 1994 and 1995 shall be allocated as
follows:
(1) Reactor safety and safeguards regulation.--Not more
than $163,807,000 for fiscal year 1994, and not more than
$168,005,000 for fiscal year 1995, may be used for ``Reactor
Safety and Safeguards Regulation''.
(2) Reactor safety research.--Not more than $99,969,000 for
fiscal year 1994, and not more than $98,339,000 for fiscal year
1995, may be used for ``Reactor Safety Research''.
(3) Nuclear material and low-level waste safety and
safeguards regulation.--Not more than $61,880,000 for fiscal
year 1994, and not more than $63,025,000 for fiscal year 1995,
may be used for ``Nuclear Material and Low-Level Waste Safety
and Safeguards Regulation''.
(4) High-level nuclear waste regulation.--Not more than
$22,000,000 for fiscal year 1994 from the Nuclear Waste Fund,
and not more than $22,000,000 for fiscal year 1995 from the
Nuclear Waste Fund, may be used for ``High-Level Nuclear Waste
Regulation''.
(5) Reactor special and independent reviews,
investigations, and enforcement.--Not more than $31,000,000 for
fiscal year 1994, and not more than $31,369,000 for fiscal year
1995, may be used for ``Reactor Special and Independent
Reviews, Investigations, and Enforcement''.
(6) Nuclear safety management and support.--Not more than
$164,244,000 for fiscal year 1994, and not more than
$164,062,000 for fiscal year 1995, may be used for ``Nuclear
Safety Management and Support''.
(b) Limitations.--The Nuclear Regulatory Commission may not use
more than 1 percent of the amounts allocated under subsection (a) to
exercise its authority under section 31 a. of the Atomic Energy Act of
1954 (42 U.S.C. 2051(a)) to enter into grants and cooperative
agreements with organizations such as universities, State and local
governments, and not-for-profit institutions. Grants made by the
Commission shall be made in accordance with chapter 63 of title 31,
United States Code, and other applicable law.
(c) Reallocation.--
(1) In general.--Except as provided in paragraphs (2) and
(3), any amount allocated for a fiscal year pursuant to any
paragraph of subsection (a) for purposes of the program
referred to in any such paragraph may be reallocated by the
Nuclear Regulatory Commission for use in a program referred to
in any other paragraph of such subsection, or for use in any
other activity within a program.
(2) Limitation.--The amount available from appropriations
in any fiscal year for use in any program or activity specified
in subsection (a) may not, as a result of reallocations made
under paragraph (1), be increased or reduced by more than
$500,000, unless the Nuclear Regulatory Commission submits
advance notification of such reallocation to the Committee on
Energy and Commerce and the Committee on Natural Resources of
the House of Representatives and the Committee on Environment
and Public Works of the Senate. Such notification shall contain
a full and complete statement of the reallocation to be made
and the facts and circumstances relied upon in support of such
reallocation.
(3) Nuclear waste fund.--Funds authorized to be
appropriated from the Nuclear Waste Fund may be used only for
the high-level nuclear waste activities of the Nuclear
Regulatory Commission and may not be reprogrammed for other
Commission activities.
SEC. 4. RETENTION OF CERTAIN FUNDS.
Money received by the Nuclear Regulatory Commission for the
cooperative nuclear safety research program, services rendered to
foreign governments and international organizations, and the material
and information access authorization programs (including criminal
history checks under section 149 of the Atomic Energy Act of 1954 (42
U.S.C. 2169)) may be retained and used, subject to appropriations, for
salaries and expenses associated with such activities, notwithstanding
the provisions of section 3302 of title 31, United States Code, and
shall remain available until expended.
SEC. 5. TRANSFER OF CERTAIN FUNDS.
From amounts appropriated to the Nuclear Regulatory Commission
pursuant to section 2(a), except for appropriations from the Nuclear
Waste Fund, the Commission may transfer amounts to its Office of
Inspector General, except that the total amount so transferred during
any fiscal year may not exceed 5 percent of the amount authorized under
section 2(b) for such fiscal year.
SEC. 6. LIMITATION ON SPENDING AUTHORITY.
Notwithstanding any other provision of this Act, no authority to
make payments under this Act shall be effective except to such extent
or in such amounts as are provided in advance in appropriation Acts. | Nuclear Regulatory Commission Authorization Act for Fiscal Years 1994 and 1995 - Authorizes appropriations for FY 1994 and 1995 to the Nuclear Regulatory Commission and to its Office of Inspector General. Prescribes allocation guidelines. | Nuclear Regulatory Commission Authorization Act for Fiscal Years 1994 and 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Redevelopment
Enhancement Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) returning the Nation's brownfield sites to productive
economic use could generate more than 550,000 additional jobs
and up to $2,400,000,000 in new tax revenues for cities and
towns;
(2) redevelopment of brownfield sites and reuse of
infrastructure at such sites will protect natural resources and
open spaces;
(3) lack of funding for redevelopment is a primary obstacle
impeding the reuse of brownfield sites;
(4) the Department of Housing and Urban Development is the
agency of the Federal Government that is principally
responsible for supporting community development and
encouraging productive land use in urban areas of the United
States;
(5) grants under the Brownfields Economic Development
Initiative of the Department of Housing and Urban Development
provide local governments with a flexible source of funding to
pursue brownfields redevelopment through land acquisition, site
preparation, economic development, and other activities;
(6) to be eligible for such grant funds, a community must
be willing to pledge community development block grant funds as
partial collateral for a loan guarantee under section 108 of
the Housing and Community Development Act of 1974, and this
requirement is a barrier to many local communities that are
unable or unwilling to pledge such block grant funds as
collateral; and
(7) by de-linking grants for brownfields development from
section 108 community development loan guarantees and the
related pledge of community development block grant funds, more
communities will have access to funding for redevelopment of
brownfield sites.
(b) Purposes.--The purpose of this Act is to provide cities and
towns with more flexibility for brownfields development, increased
accessibility to brownfields redevelopment funds, and greater capacity
to coordinate and collaborate with other government agencies--
(1) by providing additional incentives to invest in the
cleanup and development of brownfield sites; and
(2) by de-linking grants for brownfields development from
community development loan guarantees and the related pledge of
community development block grant funds.
SEC. 3. BROWNFIELDS DEVELOPMENT INITIATIVE.
Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) is amended by adding at the end the following new
section:
``SEC. 123. BROWNFIELDS DEVELOPMENT INITIATIVE.
``(a) In General.--The Secretary may make grants under this
section, on a competitive basis as specified in section 102 of the
Department of Housing and Urban Development Reform Act of 1989 (42
U.S.C. 3545), only to eligible public entities (as such term is defined
in section 108(o) of this title) and Indian tribes for carrying out
projects and activities to assist the environmental cleanup and
development of brownfield sites, which shall include mine-scarred
lands.
``(b) Use of Grant Amounts.--Amounts from grants under this section
shall--
``(1) be used, as provided in subsection (a) of this
section, only for activities specified in section 108(a); and
``(2) be subject to the same requirements that, under
section 101(c) and paragraphs (2) and (3) of section 104(b),
apply to grants under section 106.
``(c) Availability of Assistance.--The Secretary shall not require,
for eligibility for a grant under this section, that such grant amounts
be used only in connection or conjunction with projects and activities
assisted with a loan guaranteed under section 108.
``(d) Applications.--Applications for assistance under this section
shall be in the form and in accordance with procedures as shall be
established by the Secretary.
``(e) Selection Criteria and Leveraging.--The Secretary shall
establish criteria for awarding grants under this section, which may
include the extent to which the applicant has obtained other Federal,
State, local, or private funds for the projects and activities to be
assisted with grant amounts and such other criteria as the Secretary
considers appropriate. Such criteria shall include consideration of the
appropriateness of the extent of financial leveraging involved in the
projects and activities to be funded with the grant amounts.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section such sums as may be
necessary for each of fiscal years 2004, 2005, 2006, 2007, and 2008.''.
SEC. 4. CLARIFICATION OF BROWNFIELDS REDEVELOPMENT AS ELIGIBLE CDBG
ACTIVITY.
(a) Technical Correction.--The penultimate proviso of the first
undesignated paragraph of the item relating to ``Community Development
Block Grants Fund'' in title II of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2887) shall be
treated as having amended section 105(a) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305(a)) to read as such section was
in effect on September 30, 1995.
(b) Brownfields Redevelopment Activities.--Section 105(a) of the
Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)), as
in effect pursuant to subsection (a) of this section, is amended--
(1) in paragraph (24), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(26) environmental cleanup and economic development
activities related to brownfield projects in conjunction with
the appropriate environmental regulatory agencies.''.
SEC. 5. PILOT PROGRAM FOR NATIONAL REDEVELOPMENT OF BROWNFIELDS.
Section 108(q) of the Housing and Community Development Act of
1974 (42 U.S.C. 5308(q)) is amended by adding at the end the following
new paragraph:
``(5) Pilot program for national redevelopment of
brownfields.--
``(A) In general.--Using any amounts made available
under this subsection, the Secretary may establish a
pilot program under which grants under this subsection
are used to develop, maintain, and administer
(including the payment of an entity or entities
selected pursuant to subparagraph (B)) a common loan
pool of development loans for brownfield redevelopment
projects made on behalf of eligible public entities
with the proceeds of obligations guaranteed under this
section, including related security and a common loans
loss reserve account, for the benefit of participants
in the pilot program.
``(B) Selection of program managers and
contractors.--The Secretary may select an entity or
entities on a competitive or noncompetitive basis to
carry out any of the functions involved in the pilot
program.
``(C) Terms for participation.--Participation by
eligible public entities in the pilot program shall be
under such terms and conditions as the Secretary may
require.
``(D) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary--
``(i) for grants under this subsection to
be used only in conjunction with the pilot
program under this paragraph; and
``(ii) for costs of carrying out the pilot
program under this paragraph and ensuring that
the program is carried out in an effective,
efficient, and viable manner.''.
SEC. 6. TECHNICAL AMENDMENT TO ALLOW USE OF CDBG FUNDS TO ADMINISTER
RENEWAL COMMUNITIES.
Section 105(a)(13) of the Housing and Community Development Act of
1974 (42 U.S.C. 5305(a)(13)) is amended by inserting ``and renewal
communities'' after ``enterprise zones''.
SEC. 7. APPLICABILITY.
The amendments made by this Act shall apply only with respect to
amounts made available for fiscal year 2004 and fiscal years thereafter
for use under the provisions of law amended by this Act. | (This measure has not been amended since it was introduced in the House on January 8, 2003. The summary of that version is repeated here.)Brownfields Redevelopment Enhancement Act - (Sec. 3) Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to make grants (without certain otherwise-required loan guarantees) to eligible public entities and Indian tribes to assist in the environmental cleanup and economic development of brownfield sites including mine-scarred lands.(Sec. 4) Makes brownfields-related environmental cleanup and economic development activities eligible for community development block grant (CDBG) assistance.(Sec. 5) Authorizes: (1) the Secretary to establish a pilot program for national redevelopment of brownfields; and (2) appropriations for pilot program grants and related administrative costs.(Sec. 6) Authorizes CDBG use to administer renewal communities. | To facilitate the provision of assistance by the Department of Housing and Urban Development for the cleanup and economic redevelopment of brownfields. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Institutions Examination
Fairness and Reform Act''.
SEC. 2. TIMELINESS OF EXAMINATION REPORTS.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.) is amended by adding at the end the following:
``SEC. 1012. TIMELINESS OF EXAMINATION REPORTS.
``(a) In General.--
``(1) Final examination report.--A Federal financial
institutions regulatory agency shall provide a final
examination report to a financial institution not later than 60
days after the later of--
``(A) the exit interview for an examination of the
institution; or
``(B) the provision of additional information by
the institution relating to the examination.
``(2) Exit interview.--If a financial institution is not
subject to a resident examiner program, the exit interview
shall occur not later than the end of the 9-month period
beginning on the commencement of the examination, except that
such period may be extended by the Federal financial
institutions regulatory agency by providing written notice to
the institution and the Director describing with particularity
the reasons that a longer period is needed to complete the
examination.
``(b) Examination Materials.--Upon the request of a financial
institution, the Federal financial institutions regulatory agency shall
include with the final report an appendix listing all examination or
other factual information relied upon by the agency in support of a
material supervisory determination.''.
SEC. 3. INDEPENDENT EXAMINATION REVIEW DIRECTOR.
(a) In General.--The Federal Financial Institutions Examination
Council Act of 1978 (12 U.S.C. 3301 et seq.), as amended by section 2
of this Act, is further amended by adding at the end the following:
``SEC. 1013. OFFICE OF INDEPENDENT EXAMINATION REVIEW.
``(a) Establishment.--There is established in the Council an Office
of Independent Examination Review.
``(b) Head of Office.--There is established the position of the
Independent Examination Review Director, as the head of the Office of
Independent Examination Review. The Director shall be appointed by the
Federal Financial Institutions Examination Council.
``(c) Staffing.--The Director is authorized to hire staff to
support the activities of the Office of Independent Examination Review.
``(d) Duties.--The Director shall--
``(1) receive and, at the discretion of the Director,
investigate complaints from financial institutions, their
representatives, or another entity acting on behalf of such
institutions, concerning examinations, examination practices,
or examination reports;
``(2) hold meetings, at least once every three months and
in locations designed to encourage participation from all
sections of the United States, with financial institutions,
their representatives, or another entity acting on behalf of
such institutions, to discuss examination procedures,
examination practices, or examination policies;
``(3) review examination procedures of the Federal
financial institutions regulatory agencies to ensure that the
written examination policies of those agencies are being
followed in practice and adhere to the standards for
consistency established by the Council;
``(4) conduct a continuing and regular program of
examination quality assurance for all examination types
conducted by the Federal financial institutions regulatory
agencies;
``(5) adjudicate any supervisory appeal initiated under
section 1014; and
``(6) report annually to the Committee on Financial
Services of the House of Representatives, the Committee on
Banking, Housing, and Urban Affairs of the Senate, and the
Council, on the reviews carried out pursuant to paragraphs (3)
and (4), including compliance with the requirements set forth
in section 1012 regarding timeliness of examination reports,
and the Council's recommendations for improvements in
examination procedures, practices, and policies.
``(e) Confidentiality.--The Director shall keep confidential all
meetings, discussions, and information provided by financial
institutions.''.
(b) Definition.--Section 1003 of the Federal Financial Institutions
Examination Council Act of 1978 (12 U.S.C. 3302) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(4) the term `Director' means the Independent Examination
Review Director established under section 1013(a) and (b).''.
SEC. 4. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY
DETERMINATIONS.
The Federal Financial Institutions Examination Council Act of 1978,
as amended by sections 2 and 3 of this Act, is further amended by
adding at the end the following:
``SEC. 1014. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY
DETERMINATIONS.
``(a) In General.--A financial institution shall have the right to
obtain an independent review of a material supervisory determination
contained in a final report of examination.
``(b) Notice.--
``(1) Timing.--A financial institution seeking review of a
material supervisory determination under this section shall
file a written notice with the Director within 60 days after
receiving the final report of examination that is the subject
of such review.
``(2) Identification of determination.--The written notice
shall identify the material supervisory determination that is
the subject of the independent examination review, and a
statement of the reasons why the institution believes that the
determination is incorrect or should otherwise be modified.
``(3) Information to be provided to institution.--Any
information relied upon by the agency in the final report that
is not in the possession of the financial institution may be
requested by the financial institution and shall be delivered
promptly by the agency to the financial institution.
``(c) Right to Hearing.--
``(1) In general.--The Director shall--
``(A) determine the merits of the appeal on the
record; or
``(B) at the election of the financial institution,
refer the appeal to an administrative law judge to
conduct a hearing pursuant to the procedures set forth
under sections 556 and 557 of title 5, United States
Code, which shall take place not later than 60 days
after the petition for review is received by the
Director.
``(2) Timing of decision.--An administrative law judge
conducting a hearing under paragraph (1)(B) shall issue a
proposed decision to the Director based upon the record
established at the hearing.
``(3) Standard of review.--In any hearing under this
subsection--
``(A) neither the administrative law judge nor the
Director shall defer to the opinions of the examiner or
agency, but shall independently determine the
appropriateness of the agency's decision based upon the
relevant statutes, regulations, other appropriate
guidance, and evidence presented at the hearing.
``(d) Final Decision.--A decision by the Director on an independent
review under this section shall--
``(1) be made not later than 60 days after the record has
been closed; and
``(2) be deemed final agency action and shall bind the
agency whose supervisory determination was the subject of the
review and the financial institution requesting the review.
``(e) Right to Judicial Review.--A financial institution shall have
the right to petition for review of the decision of the Director under
this section by filing a petition for review not later than 60 days
after the date on which the decision is made in the United States Court
of Appeals for the District of Columbia Circuit or the Circuit in which
the financial institution is located.
``(f) Report.--The Director shall report annually to the Committee
on Financial Services of the House of Representatives, the Committee on
Banking, Housing, and Urban Affairs of the Senate on actions taken
under this section, including the types of issues that the Director has
reviewed and the results of those reviews. In no case shall such a
report contain information about individual financial institutions or
any confidential or privileged information shared by financial
institutions.
``(g) Retaliation Prohibited.--A Federal financial institutions
regulatory agency may not--
``(1) retaliate against a financial institution, including
service providers, or any institution-affiliated party, for
exercising appellate rights under this section; or
``(2) delay or deny any agency action that would benefit a
financial institution or any institution-affiliated party on
the basis that an appeal under this section is pending under
this section.''.
SEC. 5. ADDITIONAL AMENDMENTS.
(a) Regulator Appeals Process, Ombudsman, and Alternative Dispute
Resolution.--
(1) In general.--Section 309 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4806) is amended--
(A) in subsection (a), by inserting after
``appropriate Federal banking agency'' the following:
``, the Bureau of Consumer Financial Protection,'';
(B) in subsection (b)--
(i) by redesignating paragraphs (1) and (2)
as subparagraphs (A) and (B) and indenting
appropriately;
(ii) in the matter preceding subparagraph
(A) (as redesignated), by striking ``In
establishing'' and inserting ``(1) In
general.--In establishing'';
(iii) in paragraph (1)(B) (as
redesignated), by striking ``the appellant from
retaliation by agency examiners'' and inserting
``the insured depository institution or insured
credit union from retaliation by an agency
referred to in subsection (a)''; and
(iv) by adding at the end the following:
``(2) Retaliation.--For purposes of this subsection and
subsection (e), retaliation includes delaying consideration of,
or withholding approval of, any request, notice, or application
that otherwise would have been approved, but for the exercise
of the institution's or credit union's rights under this
section.'';
(C) in subsection (e)(2)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) ensure that appropriate safeguards exist for
protecting the insured depository institution or
insured credit union from retaliation by any agency
referred to in subsection (a) for exercising its rights
under this subsection.''; and
(D) in subsection (f)(1)(A)
(i) in clause (ii), by striking ``; and''
and inserting a semicolon;
(ii) in clause (iii), by striking ``; and''
and inserting a semicolon; and
(iii) by adding at the end the following:
``(iv) any issue specifically listed in an
exam report as a matter requiring attention by
the institution's management or board of
directors; and
``(v) any suspension or removal of an
institution's status as eligible for expedited
processing of applications, requests, notices,
or filings on the grounds of a supervisory or
compliance concern, regardless of whether that
concern has been cited as a basis for a
material supervisory determination or matter
requiring attention in an examination report,
provided that the conduct at issue did not
involve violation of any criminal law; and''.
(2) Effect.--Nothing in this subsection affects the
authority of an appropriate Federal banking agency or the
National Credit Union Administration Board to take enforcement
or other supervisory action.
(b) Federal Credit Union Act.--Section 205(j) of the Federal Credit
Union Act (12 U.S.C. 1785(j)) is amended by inserting ``the Bureau of
Consumer Financial Protection,'' before ``the Administration'' each
place that term appears.
(c) Federal Financial Institutions Examination Council Act.--The
Federal Financial Institutions Examination Council Act of 1978 (12
U.S.C. 3301 et seq.), as amended by sections 2 through 4 of this Act,
is further amended--
(1) in section 1003 (12 U.S.C. 3302) by striking paragraph
(1) and inserting the following:
``(1) the term `Federal financial institutions regulatory
agencies'--
``(A) means the Office of the Comptroller of the
Currency, the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, and
the National Credit Union Administration; and
``(B) includes the Bureau of Consumer Financial
Protection for purposes of sections 1012 through
1014;''; and
(2) in section 1005 (12 U.S.C. 3304), by striking ``One-
fifth'' and inserting ``One-fourth''. | Financial Institutions Examination Fairness and Reform Act This bill amends the Federal Financial Institutions Examination Council Act of 1978 to: set deadlines for final examination reports and exit interviews of a financial institution by a federal financial regulatory agency, and establish the Office of Independent Examination Review to adjudicate appeals and investigate complaints from financial institutions concerning examination reports. The bill also requires the establishment of an independent internal agency appellate process at the Consumer Financial Protection Bureau (CFPB) for the review of supervisory determinations made at institutions supervised by the CFPB. | Financial Institutions Examination Fairness and Reform Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfield Cleanup and Redevelopment
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds:
(1) Nationwide, older abandoned or under-used commercial
and industrial sites known as brownfields are often overlooked
for redevelopment because of real or perceived contamination
from past commercial or industrial activities.
(2) Reuse of these sites often requires site assessment and
cleanup, adding costs and uncertainties to the redevelopment
process, and prompting many developers to pursue cheaper, less
complicated development options on undeveloped sites.
(3) Industrialized metropolitan areas and small towns alike
are affected adversely by these competing pressures, as loss of
tax revenues and job opportunities for community residents lead
to a deterioration of the urban environment, including the
presence of unremediated environmental contamination.
(4) States have created remedial action programs to allow a
person to respond voluntarily to a release or suspected release
of hazardous substances at low and medium priority facilities.
Such programs have flourished due to the States' ability to
streamline duplicative State and Federal regulatory
requirements and affect a timely, cost-effective, and
environmentally protective cleanup of sites.
(5) The benefits of State voluntary cleanup programs would
be significantly enhanced in the context of a Federal system
that encourages Federal-State partnerships, provides legal
finality to the cleanup process, and removes Federal
requirements for certain procedural permits for cleanups
conducted under certified State voluntary cleanup programs.
(b) Purpose.--The purpose of this Act is to ensure the quality of
State brownfield cleanup and redevelopment efforts by establishing
Federal criteria for State voluntary cleanup programs and to provide
certainty by removing the cleanup of eligible brownfield facilities and
properties remediated through certified State voluntary cleanup
programs from coverage under certain other Federal laws.
SEC. 3. CERTIFICATION OF STATE VOLUNTARY CLEANUP PROGRAMS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency (hereinafter in this Act referred to as the
``Administrator'') shall establish, and publish in the Federal
Register, certification criteria under subsection (d) for State
programs for the voluntary cleanup of eligible facilities. If a State
meets the criteria for certification, the Administrator shall certify
the State to carry out the cleanup program in such State at
eligible Facilities in lieu of any Federal program that addresses the
cleanup of such facilities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 or the Solid Waste
Disposal Act.
(b) Certification of State Programs.--The Administrator shall
certify a State program for the voluntary cleanup of eligible
facilities within 120 days after the Administrator receives adequate
documentation from the State indicating that the State program meets
the certification criteria established under subsection (d).
(c) Federal-State Cooperation and State Certification.--The
Administrator shall cooperate with the State to ensure that State
programs continue to meet the terms of the certification issued
pursuant to subsection (b). The Administrator shall convene annual
meetings to discuss the status of the State program and to encourage
continuing dialogue. The Administrator shall notify the State of any
failure of the State program to continue to meet the certification
criteria established under subsection (d) and shall assist the State in
remedying such deficiency. If any such deficiency is substantial and is
not remedied in a timely manner, the Administrator may withdraw the
certification. Withdrawal of certification shall not affect any cleanup
completed and approved by the State as of the date of such withdrawal.
(d) Certification Criteria.--In order for a State voluntary cleanup
program to be certified under this section, the program shall meet each
of the following criteria:
(1) The program shall provide that only eligible
facilities, as described in subsection (d), may participate in
the program.
(2) The program shall provide adequate opportunities for
meaningful public participation in the development and
implementation of cleanup plans for eligible facilities. Public
participation requirements shall include, but not be limited
to, providing opportunity for affected parties to review and
comment on cleanup documents and plans, and providing
opportunity for public input to the remedy selection process.
Affected parties shall include, but not be limited to, local
work force representatives, adjacent community residents, and
local environmental and health officials and other public
interest organizations.
(3) The program shall ensure that technical assistance is
available throughout each voluntary cleanup.
(4) The program shall ensure that adequate resources are
available to carry out cleanup under the program and to
administer the program.
(5) The program shall ensure adequate oversight and
enforcement authority.
(6) The program shall provide for a certification from the
State to the owner or prospective purchaser of an eligible
facility that the cleanup is complete.
(e) Eligible Facilities.--For purposes of this Act, the term
``eligible facility'' means a facility or property that is a low- or
medium-priority environmental hazard for the State, but whose
environmental contamination is thought to be preventing the timely use,
redevelopment, or reuse of the facility or property, and is thought to
be limited in scope and readily assessable, except that such term shall
not include any of the following:
(1) A facility for which an abatement action has been taken
or is scheduled to be taken under section 106 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 or for which an action has been taken or
is scheduled to be taken under section 7003 of the Solid Waste
Disposal Act.
(2) A facility that is the subject of a Federal response
action under section 104 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
(3) A facility included on the National Priorities List or
proposed for inclusion and for which documentation for listing
has been prepared by the State or the Administrator.
(4) A facility required to have a permit under section 3005
of the Solid Waste Disposal Act that does not have a permit
under that section and does not qualify for authorization to
operate in interim status under subsection (e) of that section.
(5) A land disposal unit with respect to which a closure
requirement under subtitle C of the Solid Waste Disposal Act
(42 U.S.C. 6921 et seq.) is submitted and closure requirements
are specified in a closure plan or permit.
(6) A facility that is the subject of a corrective action
under section 3004(u) or 3008(h) of the Solid Waste Disposal
Act (42 U.S.C. 5924(u) or 6928(h)) that has been evaluated as
high priority under the Environmental Protection Agency's
National Corrective Action Priority System as set forth in
regulations under subtitle C of the Solid Waste Disposal Act.
(7) A facility at which assistance for response activities
may be obtained pursuant to subtitle I of the Solid Waste
Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking
Underground Storage Tank Trust Fund established under section
9508 of the Internal Revenue Code of 1986.
(8) A facility owned or operated by a department, agency,
or instrumentality of the United States.
(f) Relationship to Permit Requirements.--For any cleanup conducted
under a State voluntary cleanup program certified under this section,
if the cleanup is carried out in compliance with the certified program
the State may modify any procedural permit requirement in order to
expedite the cleanup.
SEC. 4. AUTHORITY UNDER CERCLA.
Notwithstanding subsection (a) of section 3, the Administrator
may--
(1) take any action authorized by section 103 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9603), or
(2) carry out investigations, monitoring, surveys, testing,
or other information gathering authorized under section 104(b)
of such Act (42 U.S.C. 9604(b)) with respect to facilities that
are subject to a State voluntary response program, but only for
purposes of determining whether the facility qualifies for
listing on the National Priorities List pursuant to section 105
(42 U.S.C. 9605) of that Act. | Brownfield Cleanup and Redevelopment Act - Directs the Administrator of the Environmental Protection Agency to: (1) establish certification criteria for State programs for voluntary cleanup of eligible facilities; and (2) certify qualified States to carry out cleanup programs at eligible facilities in lieu of any Federal program that addresses the cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or the Solid Waste Disposal Act.
Defines "eligible facility," with exceptions, as a facility or property that is a low- or medium-priority environmental hazard for the State but whose environmental contamination is thought to be: (1) preventing the timely use, redevelopment, or reuse of the facility or property; and (2) limited in scope and readily assessable.
Requires the Administrator to ensure that State programs continue to meet the terms of certification by meeting annually to discuss the status of the State program and encourage continuing dialogue and by assisting the State in remedying any deficiency. Sets procedures for withdrawal of certification where deficiencies are not resolved.
Directs the Administrator to require a State program, to be certified, to provide: (1) that only eligible facilities may participate; (2) adequate opportunities for public participation in the development and implementation of cleanup plans; (3) technical assistance throughout each voluntary cleanup; (4) adequate resources for cleanup and administration of the program; (5) adequate oversight and enforcement authority to ensure that the voluntary cleanups comply with Federal and State laws; and (6) for State certification to the owner or prospective purchaser of an eligible facility that the cleanup is complete.
Allows a State to modify any procedural permit applicable to a cleanup conducted under a State program in order to expedite the cleanup.
Allows the Administrator, notwithstanding a certification granted under this Act, to: (1) take any action authorized under CERCLA release notification provisions; and (2) carry out investigations, monitoring, surveys, testing, or other information gathering under CERCLA response authorities with respect to facilities subject to a State voluntary response program, but only for purposes of determining qualification for listing on the National Priorities List. | Brownfield Cleanup and Redevelopment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Adjustment Assistance
Extension Act of 2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE IMPROVEMENT
Subtitle A--Extension of Trade Adjustment Assistance
Sec. 101. Extension of Trade Adjustment Assistance.
Sec. 102. Merit staffing for State administration of Trade Adjustment
Assistance.
Subtitle B--Health Coverage Improvement
Sec. 111. Improvement of the affordability of the credit.
Sec. 112. Payment for the monthly premiums paid prior to commencement
of the advance payments of credit.
Sec. 113. TAA recipients not enrolled in training programs eligible for
credit.
Sec. 114. TAA pre-certification period rule for purposes of determining
whether there is a 63-day lapse in
creditable coverage.
Sec. 115. Continued qualification of family members after certain
events.
Sec. 116. Extension of COBRA benefits for certain TAA-eligible
individuals and PBGC recipients.
Sec. 117. Addition of coverage through voluntary employees' beneficiary
associations.
Sec. 118. Notice requirements.
Subtitle C--Other Modifications to Trade Adjustment Assistance
Sec. 121. Community College and Career Training Grant Program.
TITLE II--OFFSETS
Sec. 201. Customs user fees.
Sec. 202. Time for payment of corporate estimated taxes.
Sec. 203. Compliance with PAYGO.
TITLE I--TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE IMPROVEMENT
Subtitle A--Extension of Trade Adjustment Assistance
SEC. 101. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE.
(a) In General.--Section 1893(a) of the Trade and Globalization
Adjustment Assistance Act of 2009 (Public Law 111-5; 123 Stat. 422) is
amended by striking ``January 1, 2011'' each place it appears and
inserting ``July 1, 2012''.
(b) Application of Prior Law.--Section 1893(b) of the Trade and
Globalization Adjustment Assistance Act of 2009 (Public Law 111-5; 123
Stat. 422 (19 U.S.C. 2271 note prec.)) is amended to read as follows:
``(b) Application of Prior Law.--Chapters 2, 3, 4, 5, and 6 of
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) shall be
applied and administered beginning July 1, 2012, as if the amendments
made by this subtitle (other than part VI) had never been enacted,
except that in applying and administering such chapters--
``(1) section 245 of that Act shall be applied and
administered by substituting `June 30, 2013' for `December 31,
2007';
``(2) section 246(b)(1) of that Act shall be applied and
administered by substituting `June 30, 2013' for `the date that
is 5 years' and all that follows through `State';
``(3) section 256(b) of that Act shall be applied and
administered by substituting `the 1-year period beginning July
1, 2012, and ending June 30, 2013,' for `each of fiscal years
2003 through 2007, and $4,000,000 for the 3-month period
beginning on October 1, 2007,';
``(4) section 298(a) of that Act shall be applied and
administered by substituting `the 1-year period beginning July
1, 2012, and ending June 30, 2013,' for `each of the fiscal
years' and all that follows through `October 1, 2007'; and
``(5) subject to subsection (a)(2), section 285 of that Act
shall be applied and administered--
``(A) in subsection (a), by substituting `June 30,
2013' for `December 31, 2007' each place it appears;
and
``(B) by applying and administering subsection (b)
as if it read as follows:
```(b) Other Assistance.--
```(1) Assistance for firms.--
```(A) In general.--Except as provided in
subparagraph (B), assistance may not be provided under
chapter 3 after June 30, 2013.
```(B) Exception.--Notwithstanding subparagraph
(A), any assistance approved under chapter 3 on or
before June 30, 2013, may be provided--
```(i) to the extent funds are available
pursuant to such chapter for such purpose; and
```(ii) to the extent the recipient of the
assistance is otherwise eligible to receive
such assistance.
```(2) Farmers.--
```(A) In general.--Except as provided in
subparagraph (B), assistance may not be provided under
chapter 6 after June 30, 2013.
```(B) Exception.--Notwithstanding subparagraph
(A), any assistance approved under chapter 6 on or
before June 30, 2013, may be provided--
```(i) to the extent funds are available
pursuant to such chapter for such purpose; and
```(ii) to the extent the recipient of the
assistance is otherwise eligible to receive
such assistance.'.''.
(c) Conforming Amendments.--
(1) Section 236(a)(2)(A) of the Trade Act of 1974 (19
U.S.C. 2296(a)(2)(A)) is amended to read as follows:
``(2)(A) The total amount of payments that may be made under
paragraph (1) shall not exceed--
``(i) $575,000,000 for fiscal year 2011; and
``(ii) $431,250,000 for the 9-month period beginning
October 1, 2011, and ending June 30, 2012.''.
(2) Section 245(a) of the Trade Act of 1974 (19 U.S.C.
2317(a)) is amended by striking ``December 31, 2010'' and
inserting ``June 30, 2012''.
(3) Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C.
2318(b)(1)) is amended by striking ``December 31, 2010'' and
inserting ``June 30, 2012''.
(4) Section 255(a) of the Trade Act of 1974 (19 U.S.C.
2345(a)) is amended--
(A) in the first sentence to read as follows:
``There are authorized to be appropriated to the
Secretary to carry out the provisions of this chapter
$50,000,000 for fiscal year 2011 and $37,500,000 for
the 9-month period beginning October 1, 2011, and
ending June 30, 2012.''; and
(B) in paragraph (1), by striking ``December 31,
2010'' and inserting ``June 30, 2012''.
(5) Section 275(f) of the Trade Act of 1974 (19 U.S.C.
2371d(f)) is amended by striking ``2011'' and inserting
``2013''.
(6) Section 276(c)(2) of the Trade Act of 1974 (19 U.S.C.
2371e(c)(2)) is amended to read as follows:
``(2) Funds to be used.--Of the funds appropriated pursuant
to section 277(c), the Secretary may make available, to provide
grants to eligible communities under paragraph (1), not more
than--
``(A) $25,000,000 for fiscal year 2011; and
``(B) $18,750,000 for the 9-month period beginning
October 1, 2011, and ending June 30, 2012.''.
(7) Section 277(c) of the Trade Act of 1974 (19 U.S.C.
2371f(c)) is amended--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--There are authorized to be appropriated
to the Secretary to carry out this subchapter--
``(A) $150,000,000 for fiscal year 2011; and
``(B) $112,500,000 for the 9-month period beginning
October 1, 2011 and ending June 30, 2012.''; and
(B) in paragraph (2)(A), by striking ``December 31,
2010'' and inserting ``June 30, 2012''.
(8) Section 278(e) of the Trade Act of 1974 (19 U.S.C.
2372(e)) is amended by striking ``2011'' and inserting
``2013''.
(9) Section 279A(h)(2) of the Trade Act of 1974 (19 U.S.C.
2373(h)(2)) is amended by striking ``2011'' and inserting
``2013''.
(10) Section 279B(a) of the Trade Act of 1974 (19 U.S.C.
2373a(a)) is amended to read as follows:
``(a) In General.--
``(1) Authorization.--There are authorized to be
appropriated to the Secretary of Labor to carry out the Sector
Partnership Grant program under section 279A--
``(A) $40,000,000 for fiscal year 2011; and
``(B) $30,000,000 for the 9-month period beginning
October 1, 2011, and ending June 30, 2012.
``(2) Availability of appropriations.--Funds appropriated
pursuant to this section shall remain available until
expended.''.
(11) Section 285 of the Trade Act of 1974 (19 U.S.C. 2271
note) is amended--
(A) by striking ``December 31, 2010'' each place it
appears and inserting ``June 30, 2012''; and
(B) in subsection (a)(2)(A), by inserting
``pursuant to petitions filed under section 221 before
July 1, 2012'' after ``title''.
(12) Section 298(a) of the Trade Act of 1974 (19 U.S.C.
2401g(a)) is amended by striking ``$90,000,000 for each of the
fiscal years 2009 and 2010, and $22,500,000 for the period
beginning October 1, 2010, and ending December 31, 2010'' and
inserting ``$67,500,000 for the 9-month period beginning
January 1, 2011, and ending September 30, 2011, and $67,500,000
for the 9-month period beginning October 1, 2011, and ending
June 30, 2012''.
(13) The table of contents for the Trade Act of 1974 is
amended by striking the item relating to section 235 and
inserting the following:
``Sec. 235. Employment and case management services.''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2011.
SEC. 102. MERIT STAFFING FOR STATE ADMINISTRATION OF TRADE ADJUSTMENT
ASSISTANCE.
(a) In General.--Notwithstanding section 618.890(b) of title 20,
Code of Federal Regulations, or any other provision of law, the single
transition deadline for implementing the merit-based State personnel
staffing requirements contained in section 618.890(a) of title 20, Code
of Federal Regulations, shall not be earlier than June 30, 2012.
(b) Effective Date.--This section shall take effect on December 14,
2010.
Subtitle B--Health Coverage Improvement
SEC. 111. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.
(a) In General.--Section 35(a) of the Internal Revenue Code of 1986
is amended by striking ``January 1, 2011'' and inserting ``July 1,
2012''.
(b) Conforming Amendment.--Section 7527(b) of such Code is amended
by striking ``January 1, 2011'' and inserting ``July 1, 2012''.
(c) Effective Date.--The amendments made by this section shall
apply to coverage months beginning after December 31, 2010.
SEC. 112. PAYMENT FOR THE MONTHLY PREMIUMS PAID PRIOR TO COMMENCEMENT
OF THE ADVANCE PAYMENTS OF CREDIT.
(a) In General.--Section 7527(e) of the Internal Revenue Code of
1986 is amended by striking ``January 1, 2011'' and inserting ``July 1,
2012''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after December 31, 2010.
SEC. 113. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE FOR
CREDIT.
(a) In General.--Section 35(c)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ``January 1, 2011'' and inserting ``July
1, 2012''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after December 31, 2010.
SEC. 114. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING
WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE.
(a) IRC Amendment.--Section 9801(c)(2)(D) of the Internal Revenue
Code of 1986 is amended by striking ``January 1, 2011'' and inserting
``July 1, 2012''.
(b) ERISA Amendment.--Section 701(c)(2)(C) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)(C)) is
amended by striking ``January 1, 2011'' and inserting ``July 1, 2012''.
(c) PHSA Amendment.--Section 2701(c)(2)(C) of the Public Health
Service Act (as in effect for plan years beginning before January 1,
2014) is amended by striking ``January 1, 2011'' and inserting ``July
1, 2012''.
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2010.
SEC. 115. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN
EVENTS.
(a) In General.--Section 35(g)(9) of the Internal Revenue Code of
1986, as added by section 1899E(a) of the American Recovery and
Reinvestment Tax Act of 2009 (relating to continued qualification of
family members after certain events), is amended by striking ``January
1, 2011'' and inserting ``July 1, 2012''.
(b) Conforming Amendment.--Section 173(f)(8) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(f)(8)) is amended by striking
``January 1, 2011'' and inserting ``July 1, 2012''.
(c) Effective Date.--The amendments made by this section shall
apply to months beginning after December 31, 2010.
SEC. 116. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE
INDIVIDUALS AND PBGC RECIPIENTS.
(a) ERISA Amendments.--
(1) PBGC recipients.--Section 602(2)(A)(v) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1162(2)(A)(v)) is amended by striking ``December 31, 2010'' and
inserting ``June 30, 2012''.
(2) TAA-eligible individuals.--Section 602(2)(A)(vi) of
such Act (29 U.S.C. 1162(2)(A)(vi)) is amended by striking
``December 31, 2010'' and inserting ``June 30, 2012''.
(b) IRC Amendments.--
(1) PBGC recipients.--Section 4980B(f)(2)(B)(i)(V) of the
Internal Revenue Code of 1986 is amended by striking ``December
31, 2010'' and inserting ``June 30, 2012''.
(2) TAA-eligible individuals.--Section
4980B(f)(2)(B)(i)(VI) of such Code is amended by striking
``December 31, 2010'' and inserting ``June 30, 2012''.
(c) PHSA Amendments.--Section 2202(2)(A)(iv) of the Public Health
Service Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended by striking
``December 31, 2010'' and inserting ``June 30, 2012''.
(d) Effective Date.--The amendments made by this section shall
apply to periods of coverage which would (without regard to the
amendments made by this section) end on or after December 31, 2010.
SEC. 117. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' BENEFICIARY
ASSOCIATIONS.
(a) In General.--Section 35(e)(1)(K) of the Internal Revenue Code
of 1986 is amended by striking ``January 1, 2011'' and inserting ``July
1, 2012''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after December 31, 2010.
SEC. 118. NOTICE REQUIREMENTS.
(a) In General.--Section 7527(d)(2) of the Internal Revenue Code of
1986 is amended by striking ``January 1, 2011'' and inserting ``July 1,
2012''.
(b) Effective Date.--The amendment made by this section shall apply
to certificates issued after December 31, 2010.
Subtitle C--Other Modifications to Trade Adjustment Assistance
SEC. 121. COMMUNITY COLLEGE AND CAREER TRAINING GRANT PROGRAM.
(a) In General.--Section 278(a) of the Trade Act of 1974 (19 U.S.C.
2372(a)) is amended by adding at the end the following:
``(3) Rule of construction.--For purposes of this section,
any reference to `workers', `workers eligible for training
under section 236', or any other reference to workers under
this section shall be deemed to include individuals who are, or
are likely to become, eligible for unemployment compensation as
defined in section 85(b) of the Internal Revenue Code of 1986,
or who remain unemployed after exhausting all rights to such
compensation.''.
(b) Authorization of Appropriations.--Section 279 of the Trade Act
of 1974 (19 U.S.C. 2372a) is amended--
(1) in subsection (a), by striking the last sentence; and
(2) by adding at the end the following:
``(c) Administrative and Related Costs.--The Secretary may retain
not more than 5 percent of the funds appropriated under subsection (b)
for each fiscal year to administer, evaluate, and establish reporting
systems for the Community College and Career Training Grant program
under section 278.
``(d) Supplement Not Supplant.--Funds appropriated under subsection
(b) shall be used to supplement and not supplant other Federal, State,
and local public funds expended to support community college and career
training programs.
``(e) Availability.--Funds appropriated under subsection (b) shall
remain available for the fiscal year for which the funds are
appropriated and the subsequent fiscal year.''.
TITLE II--OFFSETS
SEC. 201. CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``September 30, 2019''
and inserting ``March 31, 2020''; and
(2) in subparagraph (B)(i), by striking ``September 30,
2019'' and inserting ``April 30, 2020''.
SEC. 202. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
The percentage under paragraph (2) of section 561 of the Hiring
Incentives to Restore Employment Act in effect on the date of the
enactment of this Act is increased by 4.5 percentage points.
SEC. 203. COMPLIANCE WITH PAYGO.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | Trade Adjustment Assistance Extension Act of 2010 - Amends the Trade and Globalization Adjustment Assistance Act of 2009 to extend trade adjustment assistance (TAA) programs through June 30, 2012. Extends TAA for firms and farmers through June 30, 2013.
Extends the single transition deadline for implementing certain merit-based personnel staffing requirements for state administration of TAA to a date not earlier than June 30, 2012.
Amends the Internal Revenue Code (IRC) to extend through June 30, 2012, the 80% tax credit for health insurance costs (including advance payments) for TAA (as well as Pension Benefit Guaranty Corporation [PBGC] pension) recipients.
Makes TAA recipients who are in a break in training under a training program, or who are receiving unemployment compensation, eligible for such tax credit for the period through June 30, 2012.
Amends the IRC, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHSA) to extend through June 30, 2012, the TAA pre-certification period rule disregarding any 63-day lapse in creditable health care coverage for TAA workers.
Extends the continued eligibility for the credit for qualifying family members and certain qualified TAA-eligible individuals and PBGC pension recipients for COBRA premium assistance through June 30, 2012.
Extends through June 30, 2012, coverage under an employee benefit plan funded by a voluntary employees' beneficiary association established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative.
Amends the Trade Act of 1974 to expand the TAA grant program for community college and career training to include individuals who are, or are likely to become, eligible for unemployment compensation or who remain unemployed after exhausting their unemployment benefits.
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to extend certain customs users fees for the processing of merchandise entered into the United States through March 31, 2020, and other specified customs users fees through April 30, 2020.
Amends the Hiring Incentives to Restore Employment Act to increase required estimated tax payments of corporations with at least $1 billion in assets in the third quarter of 2015 by 4.5% to 126.0% of such amount. | A bill to extend trade adjustment assistance, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport and Airway Extension Act of
2010''.
SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the
Internal Revenue Code of 1986 is amended by striking ``April 30, 2010''
and inserting ``July 3, 2010''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking ``April 30,
2010'' and inserting ``July 3, 2010''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``April 30, 2010'' and inserting ``July
3, 2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on May 1, 2010.
SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``May 1, 2010'' and inserting ``July 4, 2010'';
and
(2) by inserting ``or the Airport and Airway Extension Act of
2010'' before the semicolon at the end of subparagraph (A).
(b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such
Code is amended by striking ``May 1, 2010'' and inserting ``July 4,
2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on May 1, 2010.
SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--
(1) In general.--Section 48103(7) of title 49, United States
Code, is amended to read as follows:
``(7) $3,024,657,534 for the period beginning on October 1,
2009, and ending on July 3, 2010.''.
(2) Availability of amounts.--Sums made available pursuant to
the amendment made by paragraph (1) shall remain available until
expended.
(3) Program implementation.--For purposes of calculating
funding apportionments and meeting other requirements under
sections 47114, 47115, 47116, and 47117 of title 49, United States
Code, for the period beginning on October 1, 2009, and ending on
July 3, 2010, the Administrator of the Federal Aviation
Administration shall--
(A) first calculate funding apportionments on an annualized
basis as if the total amount available under section 48103 of
such title for fiscal year 2010 were $4,000,000,000; and
(B) then reduce by 17 percent--
(i) all funding apportionments calculated under
subparagraph (A); and
(ii) amounts available pursuant to sections 47117(b)
and 47117(f)(2) of such title.
(b) Project Grant Authority.--Section 47104(c) of such title is
amended by striking ``April 30, 2010,'' and inserting ``July 3,
2010,''.
SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 40117(l)(7) of title 49, United States Code, is amended
by striking ``May 1, 2010.'' and inserting ``July 4, 2010.''.
(b) Section 44302(f)(1) of such title is amended--
(1) by striking ``April 30, 2010,'' and inserting ``July 3,
2010,''; and
(2) by striking ``July 31, 2010,'' and inserting ``September
30, 2010,''.
(c) Section 44303(b) of such title is amended by striking ``July
31, 2010,'' and inserting ``September 30, 2010,''.
(d) Section 47107(s)(3) of such title is amended by striking ``May
1, 2010.'' and inserting ``July 4, 2010.''.
(e) Section 47115(j) of such title is amended by striking ``May 1,
2010,'' and inserting ``July 4, 2010,''.
(f) Section 47141(f) of such title is amended by striking ``April
30, 2010.'' and inserting ``July 3, 2010.''.
(g) Section 49108 of such title is amended by striking ``April 30,
2010,'' and inserting ``July 3, 2010,''.
(h) Section 161 of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 47109 note) is amended by striking ``May
1, 2010,'' and inserting ``July 4, 2010,''.
(i) Section 186(d) of such Act (117 Stat. 2518) is amended by
striking ``May 1, 2010,'' and inserting ``July 4, 2010,''.
(j) The amendments made by this section shall take effect on May 1,
2010.
SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k)(1)(F) of title 49, United States Code, is amended to
read as follows:
``(F) $7,070,158,159 for the period beginning on October 1,
2009, and ending on July 3, 2010.''.
SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a)(6) of title 49, United States Code, is amended to
read as follows:
``(6) $2,220,252,132 for the period beginning on October 1,
2009, and ending on July 3, 2010.''.
SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a)(14) of title 49, United States Code, is amended to
read as follows:
``(14) $144,049,315 for the period beginning on October 1,
2009, and ending on July 3, 2010.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Airport and Airway Extension Act of 2010 - Amends the Internal Revenue Code to extend through July 3, 2010: (1) increased excise taxes on aviation fuels and the excise tax on air transportation of persons and property; and (2) the expenditure authority for the Airport and Airway Trust Fund.
Increases the authorization of appropriations for the period beginning on October 1, 2009, for airport planning and development and noise compatibility planning projects, and extends such authorization through July 3, 2010. Sets forth a formula for calculating funding apportionments of airport improvement program (AIP) projects by the Administrator of the Federal Aviation Administration (FAA). Extends through July 3, 2010, the authority of the Secretary of Transportation to make AIP project grants.
Extends through July 3, 2010: (1) the pilot program for passenger facility fee authorizations at nonhub airports; and (2) disclosure requirements for large and medium hub airports applying for AIP grants.
Directs the Secretary of Transportation to extend through July 3, 2010, the termination date of insurance coverage for domestic or foreign-flag aircraft, and grants the Secretary discretionary authority to further extend such coverage through September 30, 2010. Extends through September 30, 2010, the authority of the Secretary to limit air carrier liability for claims arising out of acts of terrorism.
Extends through July 3, 2010: (1) grant eligibility for airports located in the Marshall Islands, Micronesia, and Palau; (2) grants to state and local governments for land use compatibility projects under the AIP; and (3) authority for approving an application of the Metropolitan Washington Airports Authority for an airport development project grant or for permission to impose a passenger facility fee.
Amends the Vision 100--Century of Aviation Reauthorization Act to extend through July 3, 2010: (1) the temporary increase to 95% of the federal government's share of certain AIP project costs; and (2) funding for airport development at Midway Island Airport.
Extends through July 3, 2010, and increases for the period beginning on October 1, 2009, the authorization of appropriations for: (1) Federal Aviation Administration (FAA) operations; (2) air navigation facilities and equipment; and (3) civil aviation research and development. | To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prematurity Research Expansion and
Education for Mothers who deliver Infants Early Act'' or the ``PREEMIE
Act''.
SEC. 2. PURPOSES.
It is the purpose of this Act to--
(1) reduce preterm birth, its associated disabilities, and
deaths of babies born preterm;
(2) expand research into the causes of preterm birth; and
(3) promote the development, availability, and use of
evidence-based standards of care for pregnant women at risk of
preterm labor or other serious pregnancy-related complications
and for infants born preterm.
SEC. 3. RESEARCH AND ACTIVITIES AT THE 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. EXPANSION AND COORDINATION OF RESEARCH RELATING TO PRETERM
LABOR AND DELIVERY AND INFANT MORTALITY.
``(a) In General.--The Secretary, acting through the Director of
NIH, shall expand, intensify, and coordinate the activities of the
National Institutes of Health with respect to research on the causes of
preterm labor and delivery, tools to detect, prevent, or reduce
prevalence of preterm labor and delivery, and the care and treatment of
preterm infants. Research supported under this section shall integrate
clinical, public health, basic, and behavioral and social science
disciplines together with bioinformatics, engineering, mathematical,
and computer sciences to address the causes of preterm labor and
delivery collaboratively.
``(b) Clinical Program.--There shall be established within the
National Institutes of Health a multi-center clinical program (that
shall be initially established utilizing existing networks) designed
to--
``(1) investigate problems in clinical obstetrics,
particularly those related to prevention of low birth weight,
prematurity, and medical problems of pregnancy;
``(2) improve the care and outcomes of neonates, especially
very-low-birth weight infants; and
``(3) enhance the understanding of DNA and proteins as they
relate to the underlying processes that lead to preterm birth
to aid in formulating more effective interventions to prevent
preterm birth.
``(c) Trans-Disciplinary Centers for Preterm Birth Research.--
``(1) In general.--The Director of NIH shall award grants
and contracts to public and nonprofit private entities to pay
all or part of the cost of planning, establishing, improving
and providing basic operating support for trans-disciplinary
research centers for prematurity.
``(2) Eligibility.--To be eligible to receive a grant or
contract under paragraph (1), an entity shall submit to the
Director an application at such time, in such manner, and
containing such information as the Director may require,
including, if appropriate, an assurance that the entity will
carry out programs related to prematurity research that include
neonatal and maternal-fetal medicine multi-center research
networks with a focus on clinical trials.
``(3) Focus.--Activities carried out under this subsection
shall focus primarily on basic research and progress logically
over time to include the need for translational,
interventional, and clinical research.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2011 through 2016, of which--
``(1) for fiscal year 2011, such sums as may be necessary
shall be made available for planning grants under subsection
(c); and
``(2) for each of fiscal years 2012 through 2016, such sums
as may be necessary for each such fiscal year for establishing
centers under such subsection.
``(e) Report.--The Director of NIH shall include in the report
under section 402A(c) information on the activities of the trans-
disciplinary research centers for prematurity under subsection (c).''.
SEC. 4. RESEARCH AND ACTIVITIES AT THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
(a) Epidemiological Studies.--Section 3 of the Prematurity Research
Expansion and Education for Mothers who deliver Infants Early Act (42
U.S.C. 247b-4f) is amended by striking subsection (b) and inserting the
following:
``(b) Studies and Activities on the Relationship Between
Prematurity and Birth Defects.--
``(1) In general.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Disease Control and Prevention, shall, subject to the
availability of appropriations--
``(A) conduct ongoing epidemiological studies on
the clinical, biological, social, environmental,
genetic and behavioral factors relating to prematurity;
``(B) conduct activities to improve national data
to facilitate tracking the burden of preterm birth;
``(C) develop, implement, and evaluate novel
methods for prevention to better understand the growing
problem of late preterm birth;
``(D) conduct etiologic and epidemiologic studies
of preterm birth;
``(E) expand research on obesity, racial, and
ethnic disparities as they relate to preterm birth; and
``(F) conduct ongoing epidemiological studies on
the effectiveness of community based interventions.
``(2) Report.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the
Secretary of Health and Human Services, acting through the
Director of the Centers for Disease Control and Prevention,
shall submit to the appropriate committees of Congress reports
concerning the progress and any results of studies conducted
under paragraph (1).''.
(b) Reauthorization.--Section 3(e) of the Prematurity Research
Expansion and Education for Mothers who deliver Infants Early Act (42
U.S.C. 247b-4f(e)) is amended by striking ``$5,000,000'' and all that
follows through ``2011'' and inserting the following: ``such sums as
may be necessary for each of fiscal years 2012 through 2016''.
SEC. 5. RESEARCH AND ACTIVITIES AT THE HEALTH RESOURCES AND SERVICES
ADMINISTRATION.
(a) Telemedicine Demonstration Project on High Risk Pregnancies.--
Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is
amended--
(1) by redesignating subsections (q) through (s) as
subsections (r) through (t), respectively;
(2) by inserting after subsection (p), the following:
``(q) Telemedicine Demonstration Project on High Risk
Pregnancies.--
``(1) In general.--The Director shall award grants under
this section to eligible entities to establish demonstration
projects for--
``(A) the provision of preconception, antepartum,
intrapartum, and obstetric services to high risk women
of child bearing age remotely by Ob/Gyn's, nurse
practitioners, certified nurse-midwives, certified
midwives, or other health care providers using
telehealth; and
``(B) for the conduct of educational activities
regarding risk factors for preterm birth.
``(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), an entity shall submit an application to the
Director at such time, in such manner, and containing such
information as the Director my require.''; and
(3) in subsection (t) (as so redesignated)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) for grants under subsection (q), such sums as may be
necessary for each of fiscal years 2011 through 2015.''.
(b) Public and Health Care Provider Education.--Section 399Q of the
Public Health Service Act (42 U.S.C. 280g-5) is amended--
(1) in subsection (b), by striking subparagraphs (A)
through (F) and inserting the following:
``(A) the core risk factors for preterm labor;
``(B) medically indicated deliveries before 39
weeks;
``(C) outcomes for infants born before 39 weeks;
``(D) risk factors for preterm delivery;
``(E) the importance of preconception- and prenatal
care;
``(F) smoking cessation and weight maintenance;
``(G) treatments and outcomes for babies born
premature;
``(H) the informational needs of families during
the stay of an infant in a neonatal intensive care
unit;
``(I) preventable birth injuries;
``(J) oral health; and
``(K) the use of progesterone;''; and
(2) in subsection (c), by striking ``$5,000,000'' and all
that follows through ``2011'' and insert the following: ``such
sums as may be necessary for each of fiscal years 2011 through
2016''.
SEC. 6. OTHER ACTIVITIES.
(a) National Educational Campaign.--
(1) Establishment.--The Secretary of Health and Human
Services, (referred to in this section as the ``Secretary'')
acting through the Surgeon General and in consultation with
Director of the National Institute on Child Health and Human
Development, shall establish and implement a national science-
based consumer education campaign on the prevention of preterm
birth.
(2) Targeting.--The campaign established under paragraph
(1) shall target women of childbearing age, high risk
populations, ethnic and minority groups, and individuals with a
low socioeconomic status.
(3) Contracts.--The Secretary shall implement the campaign
under paragraph (1) through the awarding of competitive
contracts to entities submitting applications to the Secretary
(at such time and in such form and manner as the Secretary may
require), and may include the use of television, radio, the
Internet, and other commercial marketing venues.
(b) Advisory Committee on Infant Mortality.--
(1) Strategic plan.--The Advisory Committee on Infant
Mortality of the Department of Health and Human Services shall
annually develop and annually update and submit to the
Secretary a strategic plan for the conduct of preterm birth
related research.
(2) Annual report.--Not later than January 1, 2011, and
each January 1 thereafter, the Advisory Committee on Infant
Mortality shall submit to the Secretary, and make available to
the general public, a report concerning the activities of the
Advisory Committee related to infant mortality, prematurity,
and low birthweight.
(3) Membership.--The Secretary shall ensure that the
membership of the Advisory Committee on Infant Mortality
includes the following:
(A) Representatives provided for in the original
charter of the Advisory Committee.
(B) A representative of the National Center for
Health Statistics.
(c) Pilot Programs.--
(1) In general.--The Secretary, acting through the
Administration of the Agency for Healthcare Research and
Quality, the Director of the Centers for Disease Control and
Prevention, the Administrator of the Health Resources and
Services Administration, the Director of the Centers for
Medicare & Medicaid Services, the Assistant Secretary for
Planning and Evaluation of the Department of Health and Human
Services, and the heads of other appropriate agencies, shall
conduct and report on research studies and demonstration
projects that test maternity care models that are designed to
reduce the rate of preterm birth.
(2) Grants.--The Secretary may carry out this subsection
through the awarding of grants to eligible entities.
(3) Eligibility.--To be eligible to receive a grant under
this section an entity shall--
(A) be--
(i) a hospital or hospital systems that
utilizes evidence-based best practices; or
(ii) a prematurity prevention network or
other types of collaborative; and
(B) submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require.
(4) Targeting.--In awarding grants under this subsection,
the Secretary shall target those areas with a demonstrated
persistent high rate of preterm birth.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2011 through 2016. | Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act or the PREEMIE Act - Amends the Public Health Service Act to: (1) require the Secretary of Health and Human Services (HHS), acting through the Director of the National Institutes of Health (NIH), to expand, intensify, and coordinate the activities of NIH with respect to research on the causes and prevention of preterm labor and delivery and the care and treatment of preterm infants; (2) establish within NIH a multicenter clinical program and trans-disciplinary centers for prematurity research; (3) require the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct research, activities, and studies on preterm birth; and (4) require the CDC to award grants for telemedicine demonstration projects for services for high risk pregnancies.
Directs the Secretary to: (1) establish and implement a national science-based consumer education campaign on the prevention of preterm birth; and (2) conduct and report on research studies and demonstration projects for reducing the rate of preterm birth.
Requires the Advisory Committee on Infant Mortality of HHS to report annually to the Secretary on a strategic plan for the conduct of preterm birth-related research. | A bill to reduce preterm labor and delivery and the risk of pregnancy-related deaths and complications due to pregnancy, and to reduce infant mortality caused by prematurity. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern New Mexico Rural Water
System Act of 2004''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Entrada Aquifer and the Southern High Plains
(Ogallala) Aquifer--
(A) provide 100 percent of the municipal and
industrial water supplies for communities in East
Central New Mexico; and
(B) serve a large majority of the agricultural
water users in East Central New Mexico;
(2) the Entrada and Southern High Plains Aquifers are
declining in quantity and deteriorating in quality;
(3) despite voluntary conservation efforts and improvements
in agricultural water use efficiencies, current estimates
indicate that present levels of groundwater use in some areas
of eastern New Mexico are not sustainable beyond 12 to 25 years
after the date of enactment of this Act;
(4) in 1959, the State of New Mexico began construction of
the Ute Dam and Reservoir on the Canadian River to develop a
long-term sustainable water supply for eastern New Mexico;
(5) section 2 of Public Law 89-561 (80 Stat. 711)
authorized the development of a feasibility study for a water
supply project in eastern New Mexico;
(6) since the feasibility study was authorized, a number of
studies have been completed as part of the feasibility study
process, including a 1994 study by the New Mexico Interstate
Stream Commission estimating the firm annual yield of water
from Ute Reservoir at 24,000 acre-feet per year;
(7) in March 1997, the New Mexico Interstate Stream
Commission and the Ute Water Commission entered into an
agreement for the purchase of 24,000 acre-feet of water per
year for beneficial consumptive use in eastern New Mexico;
(8) the Eastern New Mexico Rural Water Authority was
established to plan, finance, develop, and operate the Eastern
New Mexico Rural Water System;
(9) the conceptual design report for the Eastern New Mexico
Rural Water System--
(A) was finalized in August 2003;
(B) incorporates a Bureau of Reclamation
willingness and ability to pay report prepared in
August 2002; and
(C) was subject to a peer review process that
resulted in a supplement to the conceptual design
report, the Eastern New Mexico Rural Water System
Conceptual Design Peer Review Final Report (December
2003);
(10) the State of New Mexico--
(A) strongly supports the development of the
Eastern New Mexico Rural Water System; and
(B) has appropriated amounts to the New Mexico
Water Trust Fund to assist communities in eastern New
Mexico in securing the financial resources necessary to
provide an acceptable cost share for development of the
system; and
(11) completion of the Eastern New Mexico Rural Water
System would provide Quay, Roosevelt, and Curry Counties in the
State of New Mexico with a long-term reliable and renewable
source of water that would--
(A) sustain current economic activity; and
(B) support future economic development and growth
in the region.
(b) Purpose.--The purpose of this Act is to authorize the Secretary
of the Interior to provide financial and technical assistance to the
Eastern New Mexico Rural Water Authority to plan, design, and construct
the Eastern New Mexico Rural Water System to provide a long-term
reliable and renewable source of water to communities in eastern New
Mexico.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Authority.--The term ``Authority'' means the Eastern
New Mexico Rural Water Authority, an entity formed under State
law for the purposes of planning, financing, developing, and
operating the System.
(2) Conceptual design report.--The term ``Conceptual Design
Report'' means the Eastern New Mexico Rural Water System final
report dated August, 2003, as supplemented by the Eastern New
Mexico Rural Water System Conceptual Design Peer Review Final
Report (December 2003).
(3) Logan sewer project.--The term ``Logan sewer project''
means the project to improve the water quality in Ute
Reservoir, as described in the Village of Logan Wastewater
System Preliminary Engineering Report (November 2003).
(4) Plan.--The term ``plan'' means the operation,
maintenance, and replacement plan required by section 5(b)(1).
(5) Portales energy recovery system.--The term ``Portales
energy recovery system'' means the infrastructure to reduce
pressure in the water system and generate useable power, as
described in the Eastern New Mexico Rural Water System
Conceptual Design Peer Review Final Report (December 2003).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of New
Mexico.
(8) System.--
(A) In general.--The term ``System'' means the
Eastern New Mexico Rural Water System, a water delivery
project designed to deliver approximately 24,000 acre-
feet of water per year from the Ute Reservoir to
communities located in Quay, Roosevelt, and Curry
Counties in eastern New Mexico, as described in the
Conceptual Design Report.
(B) Inclusions.--The term ``System'' includes--
(i) the Logan sewer project;
(ii) the Tucumcari advanced wastewater
treatment facility; and
(iii) the Portales energy recovery system.
(9) Tucumcari advanced wastewater treatment facility.--The
term ``Tucumcari advanced wastewater treatment facility'' means
the project to improve the water quality in the Ute Reservoir,
as described in the Eastern New Mexico Rural Water System
Conceptual Design Peer Review Final Report (December 2003).
(10) Ute reservoir.--The term ``Ute Reservoir'' means the
impoundment of water created in 1962 by the construction of the
Ute Dam on the Canadian River, located approximately 32 miles
upstream of the border between New Mexico and Texas.
SEC. 4. EASTERN NEW MEXICO RURAL WATER SYSTEM.
(a) Financial Assistance.--
(1) In general.--The Secretary may provide financial
assistance to the Authority to assist in planning, designing,
conducting related preconstruction activities for, and
constructing the System.
(2) Use.--
(A) In general.--Any financial assistance provided
under paragraph (1) shall be obligated and expended
only in accordance with a cooperative agreement entered
into under section 6(a)(2).
(B) Limitations.--Financial assistance provided
under paragraph (1) shall not be used--
(i) for any activity that is inconsistent
with developing the facilities described in the
Conceptual Design Report, including development
of the Logan sewer project; and
(ii) to plan or construct facilities used
to supply water to supply irrigation for
agricultural purposes.
(b) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the total cost of any
activity or construction carried out using amounts made
available under this Act shall be 80 percent of the total cost
of the System.
(2) System development costs.--For purposes of paragraph
(1), the total cost of the System shall include any costs
incurred by the Authority on or after October 1, 2003, for the
development of the System.
(c) Limitation.--No amounts made available under this Act may be
used for the construction of the System until--
(1) a plan is developed under section 5(b); and
(2) the Secretary and the Authority have complied with any
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applicable to the System.
(d) Title to Project Works.--Title to the infrastructure of the
System shall be held by the Authority, the Town of Logan, New Mexico,
the City of Tucumcari, New Mexico, or as may otherwise be specified
under State law.
SEC. 5. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.
(a) In General.--The Authority shall be responsible for the annual
operation, maintenance, and replacement costs associated with the
System.
(b) Operation, Maintenance, and Replacement Plan.--
(1) In general.--The Authority, in consultation with the
Secretary, shall develop an operation, maintenance, and
replacement plan that establishes the rates and fees for
beneficiaries of the System in the amount necessary to ensure
that the System is properly maintained and capable of
delivering the quantities of water described in the Conceptual
Design Report.
(2) Modifications.--The allocation of water to the
communities specified in the Conceptual Design Report may be
modified to adjust the rates and fees in a manner that ensures
that the purposes of the plan are addressed.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Cooperative Agreements.--
(1) In general.--The Secretary may enter into any contract,
grant, cooperative agreement, or other agreement that is
necessary to carry out this Act.
(2) Cooperative agreement for provision of financial
assistance.--
(A) In general.--The Secretary shall enter into a
cooperative agreement with the Authority to provide
financial assistance or any other assistance requested
by the Authority for planning, design, related
preconstruction activities, and construction of the
System.
(B) Requirements.--The cooperative agreement
entered into under subparagraph (A) shall, at a
minimum, specify the responsibilities of the Secretary
and the Authority with respect to--
(i) ensuring that the cost-share
requirements established by section 4(b) are
met;
(ii) completing the planning and final
design of the System;
(iii) any environmental and cultural
resource compliance activities required for the
System; and
(iv) the construction of the System.
(b) Technical Assistance.--At the request of the Authority, the
Secretary may provide to the Authority any technical assistance that is
necessary to assist the Authority in planning, designing, constructing,
and operating the System.
(c) Effect.--Nothing in this Act--
(1) affects or preempts--
(A) State water law; or
(B) an interstate compact relating to the
allocation of water; or
(2) confers on any non-Federal entity the ability to
exercise any Federal rights to--
(A) the water of a stream; or
(B) any groundwater resource.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this Act $250,000,000 for the period of fiscal
years 2005 through 2016.
(b) Adjustments.--
(1) In general.--The amount authorized under subsection (a)
shall be adjusted as necessary to account for increases in
development costs after the date of enactment of this Act, as
determined using appropriate engineering cost indices (as
determined by the Secretary).
(2) Allocation.--The Federal share and non-Federal share of
the cost increases determined under paragraph (1) shall be
allocated in accordance with the cost-sharing requirements
established by section 4(b).
(c) Nonreimbursable Amounts.--Amounts made available to the
Authority in accordance with the cost-sharing requirement under section
4(b) shall be nonreimbursable and nonreturnable to the United States.
(d) Availability of Funds.--At the end of each fiscal year, any
unexpended funds appropriated pursuant to this Act shall be retained
for use in future fiscal years consistent with the purposes of this
Act. | Eastern New Mexico Rural Water System Act of 2004 - Authorizes the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority to assist in planning, designing, conducting pre-construction activities for, and constructing, the Eastern New Mexico Rural Water System (a water delivery project designed to deliver approximately 24,000 acre-feet of water per year from the Ute Reservoir to communities located in Quay, Roosevelt, and Curry Counties in eastern New Mexico).
Prohibits assistance from being used: (1) for any activity that is inconsistent with developing the facilities described in the Conceptual Design Report (the System's final report dated August, 2003, as supplemented by the Eastern New Mexico Rural Water System Conceptual Design Peer Review Final Report dated December 2003), including development of the Logan sewer project described in the Village of Logan Wastewater System Preliminary Engineering Report dated November 2003; and (2) to plan or construct facilities used to supply water to supply irrigation for agricultural purposes.
Sets the Federal cost share at 80 percent. Makes the Authority responsible for the System's annual operation, maintenance, and replacement costs. Directs the Secretary to enter into a cooperative agreement with the Authority to provide specified financial or other assistance requested by the Authority. | To authorize the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the Eastern New Mexico Rural Water System, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shelter, Land, and Urban Management
(SLUM) Assistance Act of 2011''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Approximately 51 percent of the world's population
currently lives in cities of all sizes and produces the
majority of the world's economic output.
(2) Approximately one billion people currently live in
slums, and more than half of this population is under the age
of 25.
(3) It is estimated that by 2030 the number of people
living in slums will double.
(4) Slums are characterized by inadequate access to safe
water, sanitation, and other essential infrastructure,
overcrowding, poorly structured housing, and insecure
residential and property ownership status.
(5) Eighty-eight percent of all disease is caused by unsafe
drinking water, inadequate sanitation, and poor hygiene and
almost 50 percent of all people in developing countries suffer
health problems caused by water and sanitation deficits.
(6) Over 1.1 billion people lack adequate access to safe
water and nearly 2.5 billion lack access to sanitation
services.
(7) The costs of diseases and productivity losses linked to
water and sanitation in less developed countries amount to two
percent of gross domestic product and up to five percent in
sub-Saharan Africa.
(8) Insecure lease and real property ownership tenure often
subject slum dwellers to arbitrary, often supra-market rents,
forced evictions, threats, and harassment.
(9) In 2007, approximately five million people were subject
to forced evictions, and projections show that the number of
forced evictions are likely to increase to between 40 million
and 70 million in the next 20 years.
(10) Insecurity of tenure severely inhibits economic
development by undermining investment incentives and
constraining the growth of credit markets, imperils the ability
of families to achieve sustainable livelihoods and assured
access to shelter, and often contributes to conflict over
property rights.
(11) Women make up 66 percent of the world's work force,
but own less than 15 percent of the property globally.
(12) Women are affected disproportionally by forced
evictions and insecure tenure as a result of gender
discrimination, often including gender-biased laws that define
women as legal minors or otherwise prevent them from acquiring
and securing land, property, and housing lease or ownership
rights, making them more vulnerable to poverty, violence, and
sexual abuse.
(13) Adequate housing and universal access to basic shelter
serve as catalysts for social and democratic development.
(14) The 2006 National Security Strategy states,
``America's national interests and moral values drive us in the
same direction: to assist the world's poor citizens and least
developed nations and help integrate them into the global
economy.''.
(15) Goal 7 Target 11 of the Millennium Development Goals
sets the target that ``By 2020, to have achieved a significant
improvement in the lives of at least 100 million slum-
dwellers.''.
(16) The United States formerly provided significant levels
of overseas development assistance for shelter and affordable
housing, but in recent years this amount has declined.
SEC. 3. STATEMENT OF POLICY.
It should be the policy of the United States--
(1) to establish and implement, as a major objective of
United States overseas development assistance strategy,
particularly in developing countries, programs that foster
improved urban management, that foster sustainable urban
development, that increase the security of real property
tenure, and that expand access to basic shelter, affordable
urban housing, and essential urban services and infrastructure,
particularly by the poor and others who lack such access in
whole or in part;
(2) to allocate increased levels of United States bilateral
assistance for programs described in paragraph (1); and
(3) in order to prevent waste and duplication in the use of
United States overseas development assistance with respect to
the programs described in paragraph (1) and in order to foster
cooperative relations with foreign governments,
intergovernmental organizations, and private business and
nonprofit entities that singly or jointly support or implement
programs similar to those described in paragraph (1), to seek
and actively support innovative international mechanisms
designed to increase coordination and mutual complementarity in
the planning, financing, and implementation of sustainable
urban development policies and programs implemented by the
United States and other donors described in this paragraph.
SEC. 4. ASSISTANCE TO PROVIDE AFFORDABLE HOUSING AND SUSTAINABLE URBAN
DEVELOPMENT IN DEVELOPING COUNTRIES.
(a) Purposes of Assistance.--The purposes of assistance under this
section are to--
(1) support economically and environmentally sustainable
and administratively feasible urban socioeconomic growth,
development, and poverty reduction efforts and to produce
improved health and other basic quality of life indicators for
residents of slums, other densely populated, impoverished urban
areas, and urban areas experiencing rapid population growth in
developing countries, including by increasing--
(A) access to basic shelter and affordable housing,
particularly by residents of slums and similar densely
populated, impoverished urban areas;
(B) affordable and equitable access to safe water,
sanitation, and solid waste removal services, and
shared communal infrastructure, such as sidewalks,
roads, public lighting;
(C) access to and security of land and other real
property use, lease, and ownership rights and legal
recognition and protections thereof by all income
groups, including by supporting efforts to enhance the
effectiveness of transaction and dispute resolution
systems, equitable and sustainable national land
policies, and enhanced land administration services;
and
(D) support for efforts to enhance the capacity of
developing country governments, including regional and
municipal governments, to plan and manage urban growth
in an operationally and financially effective and
transparent, participatory, and accountable manner, to
pursue policy reforms that foster such objectives, and
to provide urban services and infrastructure, such as
basic water and sanitation, transport, solid waste
removal, and electrical power service delivery,
including in impoverished urban zones; and
(2) achieve the objectives described in paragraph (1) by--
(A) promoting the growth of functional,
commercially oriented housing markets in target
countries and expanding access to individual and
institutional investment capital and financing for
housing and municipal infrastructure, including by
public-private partnerships, municipal bonds, micro-
credit financing, and strengthening national and
regional public or private institutions involved in the
regulation or provision of finance of such purposes;
(B) supporting institutional, procedural, and legal
reforms that seek to enhance the rights and access to
shelter, urban infrastructure and services, and
property ownership and lease rights of groups that are
socioeconomically vulnerable or marginalized, or
subject to discrimination, including women, children,
the poor, and people living in urban slums and informal
settlements;
(C) prioritizing support for cross-sectoral, multi-
purpose projects that simultaneously advance one or
more of the objectives described in subparagraphs (A)
and (B); and
(D) promoting partnerships between the public and
private sectors and community-based organizations to
plan and implement projects described in subparagraph
(C).
(b) Authorization of Assistance.--To carry out the purposes of
subsection (a), the President is authorized--
(1) to furnish technical assistance and financial support
to developing countries, to include, as appropriate, diverse
means of support, including technical or financial assistance
to public-private partnerships, grants, direct loans, seed
credit, contracted technical services, investment insurance,
loan guarantees, and other forms of assistance;
(2) to carry out paragraph (1) during fiscal year 2012
through the use of existing United States Government programs,
implementing authorities, and organizations, including--
(A) specialized organizational units of the United
States Agency for International Development, including
the Urban Programs Team (EGAT/PR/UP), the Development
Credit Authority (EGAT/DC/DCA), the Land Resources
Management Team (EGAT/NRM/LRM), the Water Team (EGAT/
NRM/W), the Office of Infrastructure and Engineering
(EGAT/IE), and the Engineering Services Team (EGAT/I&E/
ES);
(B) the Millennium Challenge Corporation (MCC); and
(C) other United States Government agencies with
relevant technical expertise or policy mandates
pertaining to urban development and housing in foreign
countries; and
(3) to strengthen and enhance the operational capabilities
and capacities of United States Government programs,
implementing authorities, and organizations described in
subparagraphs (A), (B), and (C) of paragraph (2) in furtherance
of the purposes and objectives described in subsection (a)(1),
including efforts to increase their manpower, diversity of
expertise, and levels of funding, and to enhance their ability
to jointly coordinate and collaborate in carrying out such
purposes and objectives.
SEC. 5. AFFORDABLE HOUSING AND SUSTAINABLE URBAN DEVELOPMENT STRATEGY.
(a) Strategy.--The President, acting through the Secretary of State
and the Administrator of the United States Agency for International
Development, shall develop a strategy to provide affordable housing and
sustainable urban development in developing countries.
(b) Consultation.--The strategy required by subsection (a) shall be
developed in part through a process of consultation between the
Administrator of the United States Agency for International Development
and the heads of units of such Agency and other United States
Government agencies with relevant technical expertise or policy
mandates pertaining to urban development and housing in foreign
countries, and shall draw upon best practices and successful models of
urban development undertaken or developed by international
intergovernmental organizations, international finance institutions,
recipient countries, United States and international nongovernmental
organizations, and other appropriate entities.
(c) Content.--The strategy required by the subsection (a) shall
include or address--
(1) a review and assessment of existing or past United
States programs and foreign assistance strategies designed to
increase access to basic shelter and affordable housing in
developing countries, extending affordable and equitable access
to safe water, sanitation, and solid waste removal services,
and shared communal infrastructure, such as sidewalks, roads,
public lighting, enhancing security of real property use,
lease, and ownership rights;
(2) a review and assessment of small scale, grassroots, and
community-based efforts that have successfully improved access
to basic shelter and urban services;
(3) a process to define short- and long-term objectives and
performance measures by which progress should be measured;
(4) measures necessary to improve and expand United States
programs and foreign assistance strategies in existence on the
date of enactment of this Act that address urban development
issues in foreign countries;
(5) operational plans to improve the ability of United
States foreign assistance agencies to develop and implement
programs described in section 4 of this Act, including through
support for innovative international mechanisms;
(6) a plan for integrating into the broader strategic
foreign assistance plans of the Department of State and United
Stated Agency for International Development the programs and
objectives described in section 4 of this Act; and
(7) a plan for providing long-term United States support
for sustainable urban growth and development initiatives in
developing countries involving a process of regular
coordination between United States Government agencies with
relevant technical expertise or policy mandates, where
appropriate, including the United States Agency for
International Development, the Department of Housing and Urban
Development, the Department of the Treasury, and the Overseas
Private Investment Corporation, and drawing upon the expertise,
whenever possible, of United States-based mayors and
professionals in community, public and banking sectors, major
United States private foundations, and United Nations
organizations and multilateral development banks, among others.
(d) Report.--Not later than 12 months after the date of the
enactment of this Act, the Secretary of State shall submit to Congress
a report that describes the strategy required by subsection (a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2012 and
each subsequent fiscal year such sums as may be necessary to carry out
this Act. | Shelter, Land, and Urban Management (SLUM) Assistance Act of 2011 - Authorizes the President to furnish technical assistance and financial support to developing countries for affordable housing and urban development.
Directs the President, through the Secretary of State and the Administrator of the United States Agency for International Development (USAID), to develop a strategy to provide affordable housing and sustainable urban development in developing countries. | To authorize assistance for affordable housing and sustainable urban development in developing countries, and for other purposes. |
of Disapproval.--
``(1) In general.--Except as provided in subsection (b)(2),
the debt limit shall not be increased under this section if,
within 15 calendar days after Congress receives the
certification described in subsection (a)(1) (regardless of
whether Congress is in session), there is enacted into law a
joint resolution disapproving the President's exercise of
authority with respect to such increase.
``(2) Contents of joint resolution.--For the purpose of
this section, the term `joint resolution' means only a joint
resolution--
``(A) that is introduced between the date a
certification described in subsection (a)(1) is
received and 3 calendar days after that date;
``(B) which does not have a preamble;
``(C) the title of which is only as follows: `Joint
resolution relating to the disapproval of the
President's exercise of authority to increase the debt
limit, as submitted under section 3101B of title 31,
United States Code, on ______' (with the blank
containing the date of such submission); and
``(D) the matter after the resolving clause of
which is only as follows: `That Congress disapproves of
the President's exercise of authority to increase the
debt limit, as exercised pursuant to the certification
submitted under section 3101B(a) of title 31, United
States Code, on ______.' (with the blank containing the
date of such submission).
``(d) Expedited Consideration in House of Representatives.--
``(1) Reconvening.--Upon receipt of a certification
described in subsection (a)(1), the Speaker, if the House would
otherwise be adjourned, shall notify the Members of the House
that, pursuant to this section, the House shall convene not
later than the second calendar day after receipt of such
certification.
``(2) Reporting and discharge.--Any committee of the House
of Representatives to which a joint resolution is referred
shall report it to the House without amendment not later than 5
calendar days after the date of introduction of the joint
resolution. If a committee fails to report the joint resolution
within that period, the committee shall be discharged from
further consideration of the joint resolution and the joint
resolution shall be referred to the appropriate calendar.
``(3) Proceeding to consideration.--After each committee
authorized to consider a joint resolution reports it to the
House or has been discharged from its consideration, it shall
be in order, not later than the sixth day after introduction of
the joint resolution, to move to proceed to consider the joint
resolution in the House. All points of order against the motion
are waived. Such a motion shall not be in order after the House
has disposed of a motion to proceed on a joint resolution
addressing a particular submission. The previous question shall
be considered as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable. A motion
to reconsider the vote by which the motion is disposed of shall
not be in order.
``(4) Consideration.--The joint resolution shall be
considered as read. All points of order against the joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to its passage without intervening motion except 2
hours of debate equally divided and controlled by the proponent
and an opponent. An amendment to the joint resolution or a
motion to reconsider the vote on passage of the joint
resolution shall not be in order.
``(e) Expedited Procedure in Senate.--
``(1) Reconvening.--Upon receipt of a certification under
subsection (a)(1), if the Senate has adjourned or recessed for
more than 2 days, the majority leader of the Senate, after
consultation with the minority leader of the Senate, shall
notify the Members of the Senate that, pursuant to this
section, the Senate shall convene not later than the second
calendar day after receipt of such message.
``(2) Placement on calendar.--Upon introduction in the
Senate, a joint resolution shall be immediately placed on the
calendar.
``(3) Floor consideration.--
``(A) In general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order at any
time during the period beginning on the day after the
date on which Congress receives a certification under
subsection (a)(1) and ending on the sixth day after the
date of introduction of a joint resolution (even though
a previous motion to the same effect has been disagreed
to) to move to proceed to the consideration of the
joint resolution, and all points of order against the
joint resolution (and against consideration of the
joint resolution) are waived. The motion to proceed is
not debatable. The motion is not subject to a motion to
postpone. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the resolution is agreed to, the joint resolution shall
remain the unfinished business until disposed of.
``(B) Consideration.--Consideration of the joint
resolution, and on all debatable motions and appeals in
connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between the
majority and minority leaders or their designees. A
motion further to limit debate is in order and not
debatable. An amendment to, or a motion to postpone, or
a motion to proceed to the consideration of other
business, or a motion to recommit the joint resolution
is not in order.
``(C) Vote on passage.--If the Senate has voted to
proceed to a joint resolution, the vote on passage of
the joint resolution shall occur immediately following
the conclusion of consideration of the joint
resolution, and a single quorum call at the conclusion
of the debate if requested in accordance with the rules
of the Senate.
``(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a joint resolution
shall be decided without debate.
``(f) Amendment Not in Order.--A joint resolution of disapproval
considered pursuant to this section shall not be subject to amendment
in either the House of Representatives or the Senate.
``(g) Coordination With Action by Other House.--
``(1) In general.--If, before passing the joint resolution,
one House receives from the other a joint resolution--
``(A) the joint resolution of the other House shall
not be referred to a committee; and
``(B) the procedure in the receiving House shall be
the same as if no joint resolution had been received
from the other House, except that the vote on final
passage shall be on the joint resolution of the other
House.
``(2) Treatment of joint resolution of other house.--If the
Senate fails to introduce or consider a joint resolution under
this section, the joint resolution of the House shall be
entitled to expedited floor procedures under this section.
``(3) Treatment of companion measures.--If, following
passage of the joint resolution in the Senate, the Senate
receives the companion measure from the House of
Representatives, the companion measure shall not be debatable.
``(4) Consideration after passage.--
``(A) In general.--If Congress passes a joint
resolution, the period beginning on the date the
President is presented with the joint resolution and
ending on the date the President signs, allows to
become law without his signature, or vetoes and returns
the joint resolution (but excluding days when either
House is not in session) shall be disregarded in
computing the calendar day period described in
subsection (b)(1) or subsection (c)(1).
``(B) Debate.--Debate on a veto message in the
Senate under this section shall be 1 hour equally
divided between the majority and minority leaders or
their designees.
``(5) Veto override.--If within the calendar day period
described in subsection (c)(1), Congress overrides a veto of a
joint resolution, except as provided in subsection (b)(2), the
limit on debt provided in section 3101(b) shall not be raised
under this section.
``(h) Rules of House of Representatives and Senate.--This
subsection and subsections (c), (d), (e), (f), and (g) are enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution, and it supersedes
other rules only to the extent that it is inconsistent with
such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
(b) Conforming Amendment.--The table of sections for chapter 31 of
title 31, United States Code, is amended by inserting after the item
relating to section 3101A the following:
``3101B. Additional Presidential modification of the debt ceiling.''. | Pay Our Bills Act - Authorizes an extension of the presidential authority to modify the public debt ceiling (subject to enactment of a congressional joint resolution of disapproval). Authorizes the Secretary of the Treasury to borrow an additional amount required to meet existing commitments if the President certifies to Congress that the public debt is within $100 billion of the current limit and that further borrowing is required. (The debt limit was $16.699 trillion before its suspension in the Continuing Appropriations Act, FY2014 [P.L. 113-46].) Authorizes Congress to use current requirements for expedited consideration of the joint resolution. Increases the debt limit by the certified amount if the time for disaproval has lapsed without enactment of the joint resolution. Suspends the debt limit for the period beginning on the date on which the President submits such a certification to Congress and ending on the earlier of: 15 calendar days after Congress receives the certification, or enactment of a joint resolution disapproving the President's exercise of authority for the debt limit under that certification. Increases the debt limit, effective on the day after the certification is submitted, to the extent that: the face amount of public debt obligations and those whose principal and interest are guaranteed by the U.S. government (except guaranteed obligations held by the Secretary) outstanding on the day after such date exceeds the face amount of such obligations outstanding on the date the President certifies Congress. Excludes from such formula any obligation whose issuance was not necessary to fund a commitment that required payment before the day after the certification is submitted to Congress. Prohibits the debt limit from being increased if a joint resolution of disapproval is enacted within 15 days after receipt by Congress (in session or not) of a presidential certification that the public debt is within $100 billion of the current limit. Provides for expedited consideration of such a joint resolution in the House and Senate. | Pay Our Bills Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joint Administrative Procedures
Committee Act of 2005'' or the ``JACP Act''.
SEC. 2. ESTABLISHMENT OF A JOINT ADMINISTRATIVE PROCEDURES COMMITTEE.
Section 802 of title 5, United States Code, is amended by
redesignating subsection (g) as subsection (i) and by inserting before
subsection (i) the following new subsection:
``(h)(1) There is established a Joint Administrative Procedures
Committee to be composed of 12 Members of the Senate to be appointed by
the majority leader of the Senate and 12 Members of the House of
Representatives to be appointed by the Speaker of the House of
Representatives. In each instance, not more than 7 Members shall be
members of the same political party.
``(2) In carrying out its duties under this chapter, the joint
committee, or any duly authorized subcommittee thereof, is authorized
to--
``(A) hold such hearings, to sit and act at such places and
times within the United States during the sessions, recesses,
and adjourned periods of Congress;
``(B) require the attendance of such witnesses and the
production of such books, papers, and documents, administer
such oaths, take such testimony, procure such printing and
binding as it deems necessary; and
``(C) make such rules respecting its organization and
procedures as it deems necessary.
``(3) The joint committee may selectively review existing major
rules of any Federal agency and recommend--
``(A) to the committees of jurisdiction in each House of
Congress that they take appropriate legislative actions to
amend or repeal laws within their jurisdictions sufficient to
effectuate its recommendations; and
``(B) to such Federal agency that it amend or repeal all or
any part of such major rules.
``(4) The joint committee shall periodically review the regulatory
plan of each Federal agency of its most important significant
regulatory actions that the agency reasonably expects to issue in
proposed or final form in the fiscal year in which such plan is
submitted (or thereafter) to the Office of Information and Regulatory
Affairs of the Office of Management and Budget and may submit comments
to such Office respecting such plan. Within 10 calendar days after
receiving any such agency plan, such Office shall submit a copy of such
plan to the joint committee for its comments. Upon completion of its
review or waiver of its review of each such agency plan, the Office
shall also submit to the joint committee a detailed summary of its
recommendations.
``(5) The joint committee may selectively review existing rules of
any Federal agency that were in effect before the enactment of chapter
8 of title 5, United States Code, and that the joint committee finds
would satisfy the criteria of subparagraph (A), (B), or (C) of
paragraph (2) of section 804 of such title and recommend--
``(A) to the committees of jurisdiction in each House of
Congress that they take appropriate legislative actions to
amend or repeal laws within their jurisdictions sufficient to
effectuate its recommendations; and
``(B) to such Federal agency that it amend or repeal all or
any part of such major rules.
``(6) The members of the joint committee who are Members of the
Senate shall from time to time report to appropriate standing
committees of the Senate, and the members of the joint committee who
are Members of the House of Representatives shall from time to time
report to appropriate standing committees of the House their
recommendations with respect to matters within the jurisdiction of
their respective Houses which are referred to the joint committee or
otherwise within the jurisdiction of the joint committee.
``(7) Vacancies in the membership of the joint committee shall not
affect the power of the remaining members to execute the functions of
the joint committee, and shall be filled in the same manner as in the
case of the original selection. The joint committee shall select a
chairman and a vice chairman from among its members at the beginning of
each Congress. The vice chairman shall act in place of the chairman in
the absence of the chairman. The chairmanship shall alternate between
the Senate and the House of Representatives with each Congress, and the
chairman shall be selected by the Members from that House entitled to
the chairmanship. The vice chairman shall be chosen from the House
other than that of the chairman by the Members from that House.
``(8) The joint committee may appoint and fix the compensation of
such staff as it deems necessary.
``(9)(A) Notwithstanding any law, rule, or other authority, there
shall be paid out of the applicable accounts of the House of
Representatives such sums as may be necessary for one-half of the
expenses of the joint committee. Such payments shall be made on
vouchers signed by the chairman or vice chairman of the joint committee
who is a Member of the House of Representatives, as the case may be,
and approved in the manner directed by the Committee on House
Administration of the House of Representatives. Amounts made available
under this paragraph shall be expended in accordance with regulations
prescribed by the Committee on House Administration of the House of
Representatives.
``(B) (To be supplied by the Senate).''.
SEC. 3. CONSIDERATION IN THE HOUSE OF REPRESENTATIVES AND THE SENATE.
Section 802 of title 5, United States Code, is amended by
redesignating subsection (f) as subsection (g) and by inserting after
subsection (e) the following new subsection:
``(f)(1) In the House, after the third legislative day after the
date on which the committee to which a joint resolution is referred has
reported, it is in order for any Member of the House to move to proceed
to consideration of the joint resolution. All points of order against
the motion to proceed and against consideration of that motion are
waived. The motion is privileged in the House and is not debatable. The
motion is not subject to amendment, or to a motion to postpone, or to a
motion to proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the House shall immediately proceed
to consideration of the joint resolution without intervening motion
(except one motion to adjourn), order, or other business.
``(2)(A) In the House, debate shall be confined to the joint
resolution and shall not exceed one hour equally divided and controlled
by a proponent and an opponent of the joint resolution. The previous
question shall be considered as ordered on the joint resolution to
final passage without intervening motion, except one motion to
recommit. A motion to reconsider the vote on passage of the joint
resolution shall not be in order.''.
SEC. 4. CONGRESSIONAL REVIEW .
(a) Congressional Review.--Section 801(a) of title 5, United States
Code, is amended--
(1) in paragraph (1)(A), by inserting ``, the joint
committee,'' after ``each House of the Congress'';
(2) in paragraph (1)(B), by inserting ``and the joint
committee'' after ``each House of Congress'';
(3) in paragraph (1) by adding at the end the following new
subparagraph:
``(D) Within 30 days (excluding days either House of Congress is
adjourned for more than 3 days during a session of Congress) after the
date on which the report referred to in subparagraph (A) is received,
the joint committee may report a committee resolution recommending that
each standing committee with jurisdiction to which copies of the
applicable report were provided under subparagraph (C) report a joint
resolution pursuant to section 802 disapproving the applicable rule.'';
and
(4) in paragraph (2)(A), by inserting ``the joint
committee'' after ``committees of jurisdiction in each House of
the Congress''.
(b) Effect of Disapproval.--Section 801(b)(2) of title 5, United
States Code, is amended by inserting before the period at the end the
following: ``or the reissued or new rule carries out the
recommendation, if any, set forth in the report submitted by the joint
committee to the committees of jurisdiction pursuant to subsection
(a)(1)(D) respecting the rule that did not take effect because it was
the subject to an enacted resolution of disapproval''.
(c) Definitions.--Section 804 of title 5, United States Code, is
amended by adding at the end the following new paragraph:
``(4) The term `joint committee' refers to the Joint
Administrative Procedures Committee.''. | Joint Administrative Procedures Committee Act of 2005 or JACP Act - Establishes a Joint Administrative Procedures Committee in the Congress to: (1) selectively review existing major rules of any federal agency; and (2) recommend to the congressional committees of jurisdiction that they take appropriate legislative action to amend or repeal laws within their jurisdictions sufficient to effectuate its recommendations and to such federal agency that it amend or repeal all or any part of such major rules.
Requires the Joint Administrative Committee to periodically review the regulatory plan of each federal agency of its most important significant regulatory actions that the agency reasonably expects to issue in proposed or final form to the Office of Information and Regulatory Affairs of the Office of Management and Budget. | To amend chapter 8 of title 5, United States Code, to establish the Joint Administrative Procedures Committee. |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Since 1975, title XX of the Social Security Act (42
U.S.C. 1397 et seq.), commonly referred to as the Social
Services Block Grant (in this section referred to as ``SSBG''),
has authorized funding for social services to ensure that at-
risk children and families, the elderly, and physically and
mentally disabled individuals remain stable, independent, and
economically self sufficient. In 1981, Congress and the Reagan
Administration converted SSBG into a block grant designed to
give maximum flexibility to States to serve these fundamental
purposes.
(2) Funds provided under the SSBG focus cost-effective
support at the community level that prevents the need for
inappropriate institutional care which is more costly for
Federal and State programs such as the medicaid, medicare, and
the social services disability benefits programs.
(3) The SSBG helps to further the goals set forth in the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (Public Law 104-193; 110 Stat. 2105) by supporting
Temporary Assistance to Needy Families (TANF) and support-
related programs such as on-the-job training, child care,
transportation, counseling, and other services that facilitate
long-term family stability and economic self sufficiency.
(4) The SSBG provides essential funding to many States for
child welfare services that support the goals of the Adoption
and Safe Families Act of 1997 (Public Law 105-89; 111 Stat.
2115) to promote a safe family environment and encourage
adoption to move children into stable and permanent families.
(5) The SSBG helps promote independent living for
vulnerable and low-income elderly individuals by supporting
home care services, including home-delivered meals, adult
protective services, adult day care, and other essential case
management services provided in every State.
(6) It is reported that 820,000 older Americans are abused
and neglected in this country each year. There are additional
concerns about the under reporting of elderly abuse and
neglect. The SSBG supports adult protective services that
prevent widespread abuse and neglect of older Americans and
help more than 651,000 elderly individuals in 31 States.
(7) More than 570,000 disabled individuals receive a range
of community-based services and supports nationwide. The SSBG
provides significant resources to fill the funding gaps in the
developmental disabilities system by supporting such services
as early intervention and crisis intervention, adult day care,
respite care, transportation, employment training, and
independent living services in 38 States.
(8) The SSBG supports essential mental health and related
services to ensure that vulnerable adults and children receive
early intervention to prevent more serious and costly mental
health crises in the future. Such services include the
provision of counseling to almost 400,000 adults and children,
case management services for nearly 900,000 families, and the
provision of information and referral assistance to more than
1,300,000 individuals.
(9) There are nearly 3,000,000 reports of child abuse and
neglect each year. There are currently over 300,000 children in
the American foster care system. The SSBG enables the provision
of child protective services to 1,300,000 children, adoption
services to over 150,000 children and families, and prevention
and intervention services to more than 700,000 families.
(10) The SSBG has been eroded by more than $1,000,000,000
over the last 6 years resulting in cuts in services in many
States and local communities.
(11) Temporary Assistance to Needy Families (TANF) block
grants cannot be used to make up cuts to the SSBG because a
large percentage of SSBG funds are used for the elderly,
disabled, and other populations that are ineligible for TANF
funds.
(12) The 104th Congress made a commitment to the SSBG in
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 by authorizing the program at $2,380,000,000
through fiscal year 2002 and returning the authorization for
the program to $2,800,000,000 in fiscal year 2003 and each
succeeding fiscal year.
SEC. 2. RESTORATION OF AUTHORITY TO TRANSFER UP TO 10 PERCENT OF TANF
FUNDS TO THE SOCIAL SERVICES BLOCK GRANT FOR FISCAL YEAR
2002.
(a) In General.--Section 404(d)(2)(B) of the Social Security Act
(42 U.S.C. 604(d)(2)(B)) is amended to read as follows:
``(B) Applicable percent.--For purposes of
subparagraph (A), the applicable percent is--
``(i) 10 percent in the case of fiscal year
2001; and
``(ii) 10 percent in the case of fiscal
year 2002.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2001.
SEC. 3. RESTORATION OF FUNDS FOR THE SOCIAL SERVICES BLOCK GRANT.
(a) In General.--Section 2003(c) of the Social Security Act (42
U.S.C. 1397b(c)) is amended by striking paragraphs (10) and (11) and
inserting the following:
``(10) $1,775,000,000 for the fiscal year 2000;
``(11) $1,725,000,000 for the fiscal year 2001; and
``(12) $2,380,000,000 for the fiscal year 2002.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2001.
SEC. 4. REQUIREMENT TO SUBMIT ANNUAL REPORT ON STATE ACTIVITIES.
(a) In General.--Section 2006(c) of the Social Security Act (42
U.S.C. 1397e(c)) is amended by adding at the end the following: ``The
Secretary shall compile the information submitted by the States and
submit that information to Congress on an annual basis.''.
(b) Effective Date.--The amendment made by subsection (a) applies
to information submitted by States under section 2006 of the Social
Security Act (42 U.S.C. 1397e) with respect to fiscal year 2000 and
each fiscal year thereafter. | Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to restore the authority of States to transfer up to ten percent of TANF funds to carry out State programs pursuant to SSA title XX (Block Grants to States for Social Services) for FY 2002.Amends SSA title XX to: (1) restore funds to States and territories for FY 2001 and 2002; and (2) require the Secretary of Health and Human Services to compile information on State activities carried out under SSA title XX and report it annually to Congress. | To amend titles IV and XX of the Social Security Act to restore funding for the Social Services Block Grant, and restore for fiscal year 2002 the ability of States to transfer up to 10 percent of funds from the program of block grants to States for temporary assistance for needy families to carry out activities under the Social Services Block Grant. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Tax Flexibility Act
of 2005''.
SEC. 2. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A
MONTH FROM APRIL TO NOVEMBER.
(a) In General.--Part I of subchapter E of chapter 1 of the
Internal Revenue Code of 1986 (relating to accounting periods) is
amended by inserting after section 444 the following new section:
``SEC. 444A. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING
IN A MONTH FROM APRIL TO NOVEMBER.
``(a) General Rule.--A qualified small business may elect to have a
taxable year, other than the required taxable year, which ends on the
last day of any of the months of April through November (or at the end
of an equivalent annual period (varying from 52 to 53 weeks)).
``(b) Years for Which Election Effective.--An election under
subsection (a)--
``(1) shall be made not later than the due date (including
extensions thereof) for filing the return of tax for the first
taxable year of the qualified small business, and
``(2) shall be effective for such first taxable year or
period and for all succeeding taxable years of such qualified
small business until such election is terminated under
subsection (c).
``(c) Termination.--
``(1) In general.--An election under subsection (a) shall
be terminated on the earliest of--
``(A) the first day of the taxable year following
the taxable year for which the entity fails to meet the
gross receipts test,
``(B) the date on which the entity fails to qualify
as an S corporation, or
``(C) the date on which the entity terminates.
``(2) Gross receipts test.--For purposes of paragraph (1),
an entity fails to meet the gross receipts test if the entity
fails to meet the gross receipts test of section 448(c).
``(3) Effect of termination.--An entity with respect to
which an election is terminated under this subsection shall
determine its taxable year for subsequent taxable years under
any other method that would be permitted under subtitle A.
``(4) Income inclusion and deduction rules for period after
termination.--If the termination of an election under paragraph
(1)(A) results in a short taxable year--
``(A) items relating to net profits for the period
beginning on the day after its last fiscal year-end and
ending on the day before the beginning of the taxable
year determined under paragraph (4) shall be includible
in income ratably over the succeeding 4 taxable years,
or (if fewer) the number of taxable years equal to the
fiscal years for which the election under this section
was in effect, and
``(B) items relating to net losses for such period
shall be deductible in the first taxable year after the
taxable year with respect to which the election
terminated.
``(d) Definitions.--For purposes of this section--
``(1) Qualified small business.--The term `qualified small
business' means an entity--
``(A)(i) for which an election under section
1362(a) is in effect for the first taxable year or
period of such entity and for all subsequent years, or
``(ii) which is treated as a partnership for the
first taxable year or period of such entity for Federal
income tax purposes,
``(B) which conducts an active trade or business or
which would qualify for an election to amortize start-
up expenditures under section 195, and
``(C) which is a start-up business.
``(2) Start-up business.--For purposes of paragraph (1)(C),
an entity shall be treated as a start-up business so long as
not more than 75 percent of the entity is owned by any person
who previously conducted a similar trade or business at any
time within the 1-year period ending on the date on which such
entity is formed. For purposes of the preceding sentence, a
person and any other person bearing a relationship to such
person specified in section 267(b) or 707(b)(1) shall be
treated as one person, and sections 267(b) and 707(b)(1) shall
be applied as if section 267(c)(4) provided that the family of
an individual consists of the individual's spouse and the
individual's children under the age of 21.
``(3) Required taxable year.--The term `required taxable
year' has the meaning given to such term by section 444(e).
``(e) Tiered Structures.--The Secretary shall prescribe rules
similar to the rules of section 444(d)(3) to eliminate abuse of this
section through the use of tiered structures.''.
(b) Conforming Amendment.--Section 444(a)(1) of such Code is
amended by striking ``section,'' and inserting ``section and section
444A''.
(c) Clerical Amendment.--The table of sections for part I of
subchapter E of chapter 1 of such Code is amended by inserting after
the item relating to section 444 the following new item:
``Sec. 444A. Qualified small businesses election of taxable year ending
in a month from April to November.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005. | Small Business Tax Flexibility Act of 2005 - Amends the Internal Revenue Code to permit certain small start-up businesses to elect a taxable year, other than the required taxable year, which ends on the last day of any of the months of April through November (or at the end of an equivalent annual period). | To permit startup partnerships and S corporations to elect taxable years other than required years. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Passenger Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Annually the losses in the United States from motor
vehicle collisions is estimated to be over 800 deaths and over
80,000 injuries to children through the age of 4.
(2) Properly used child restraints in motor vehicles can
reduce the chance of serious or fatal injury in a motor vehicle
collision by 69 percent for infants and 47 percent for toddlers
through the age of 4.
(3) Some of the most common seating position designs that
have emerged in motor vehicles during the last decade make
secure installation of child restraints difficult and, in some
circumstances, impossible.
(4) Results from regional child restraint clinics have
shown that 70 to 90 percent of child restraints are improperly
installed or otherwise misused largely due to the complication
and wide variation of seat belt and child restraint designs.
(5) There is an immediate need to expand the availability
of national, State, and local child restraint education
programs and supporting resources and materials to help
agencies and associated organizations to carry out effective
public education in child restraints.
SEC. 3. CHILD PASSENGER EDUCATION.
(a) Awards.--The Secretary may enter into contracts or cooperative
agreements with, and may make grants to, State highway offices and
other experienced child passenger safety organizations to obtain and
distribute national, State, and local child restraint education
programs and supporting educational materials.
(b) Use of Funds.--Funds provided under a contract, cooperative
agreement, or grant under subsection (a) shall be used to implement
child restraint programs which are designed to prevent deaths and
injuries to children through the age of 4 and which--
(1) educate the public in all aspects of proper
installation of child restraints using standard seat belt
hardware, supplemental hardware and modification devices where
needed, and special installation techniques;
(2) educate the public in appropriate child restraint
design selection and placement and in harness threading and
harness adjustment; and
(3) train and retrain child passenger safety professionals,
police officers, fire and emergency medical personnel, and
other educators in all aspects of child restraint use.
(c) Distribution of Funds.--An entity which receives funds under a
contract, cooperative agreement, or grant under subsection (a) shall in
carrying out subsection (b)--
(1) use not more than 25 percent of such funds on existing
nationwide child restraint education programs;
(2) use not more than 25 percent of such funds on existing
State child restraint education programs; and
(3) use at least 50 percent of such funds to implement new
national, State, and local child restraint education programs.
SEC. 4. APPLICATIONS AND REPORTS.
(a) Applications.--An entity desiring a contract, cooperative
agreement, or grant under section 3(a) shall submit an application to
the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
(b) Reports.--An entity which receives a contract, cooperative
agreement, or grant under section 3(a) shall prepare and submit to the
Secretary an annual report during the period in which it receives funds
under such contract, cooperative agreement, or grant. Such a report
shall contain such information as the Secretary may require and shall,
at a minimum, describe the program activities undertaken with such
funds, including--
(1) any child restraint education program that has been
developed directly or indirectly by such entity and the target
population of such program;
(2) support materials for such a program that have been
obtained by such entity and the method by which the entity
distributed such materials; and
(3) any initiatives undertaken by such entity to develop
public-private partnerships to secure non-Federal support for
the development and distribution of child restraint education
programs and materials.
SEC. 5. REPORT TO CONGRESS.
The Secretary shall prepare and submit to the Congress an annual
report on the implementation of this Act which includes a description
of the programs undertaken and materials developed and distributed by
entities receiving funds under section 3(a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out section 3 of this Act, there are
authorized to be appropriated to the Secretary $7,500,000 for each of
the fiscal years 1998 and 1999, of which not more than $350,000 may be
spent in any fiscal year for administrative costs.
SEC. 7. DEFINITIONS.
For purposes of this Act--
(1) the term ``Secretary'' means the Secretary of
Transportation;
(2) the term ``child restraint education programs''
includes publications, audiovisual presentations,
demonstrations, and computerized programs; and
(3) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, and any other territory or
possession of the United States. | Child Passenger Protection Act - Authorizes the Secretary of Transportation to enter into contracts with, and make grants to, State highway offices and other experienced child passenger safety organizations to distribute national, State, and local motor vehicle child restraint education programs and supporting educational materials.
Authorizes appropriations. | Child Passenger Protection Act |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Keeping Families
Together Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Restoration of definition of aggravated felony (repeal of
section 321 of IIRIRA).
Sec. 3. Restoration of detention policy.
Sec. 4. Repeal of time stop provisions.
Sec. 5. Repeal of section 101(a)(48).
Sec. 6. Restoration of section 212(c).
Sec. 7. Restoration of judicial review provisions.
Sec. 8. Post-proceeding relief for affected aliens.
SEC. 2. RESTORATION OF DEFINITION OF AGGRAVATED FELONY (REPEAL OF
SECTION 321 OF IIRIRA).
(a) In General.--Effective as if included in the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208), section 321 of such Act is repealed
and the provisions of law amended by such section are restored as if
such section had not been enacted.
(b) Restoration of Rights.--Any alien whose legal permanent
resident status, application for permanent residence, or application
for cancellation of removal, was affected by the changes in the
definition of ``aggravated felony'' made by such section 321 may apply
to the Secretary of Homeland Security to be considered for adjustment
of status or cancellation of removal in conformance with the provisions
of section 101(a)(43) of the Immigration and Nationality Act, as
restored by subsection (a).
SEC. 3. RESTORATION OF DETENTION POLICY.
(a) In General.--Section 236(c) of the Immigration and Nationality
Act (8 U.S.C. 1226(c)) is amended to read as follows:
``(c) Detention of Criminal Aliens.--
``(1) In general.--The Secretary of Homeland Security shall
take into custody any alien convicted of an aggravated felony
upon release of the alien (regardless of whether or not such
release is on parole, supervised release, or probation, and
regardless of the possibility of rearrest or further
confinement in respect of the same offense). Notwithstanding
subsection (a) or section 241(a) but subject to paragraph (2),
the Secretary of Homeland Security shall not release such felon
from custody.
``(2) Non-release.--The Secretary of Homeland Security may
not release from custody any who has been convicted of an
aggravated felony, either before or after a determination of
removability, unless--
``(A)(i) the alien was lawfully admitted, or
``(ii) the alien was not lawfully admitted but the
alien cannot be removed because the designated country
of removal will not accept the alien; and
``(B) the alien satisfies the Secretary of Homeland
Security that the alien will not pose a danger to the
safety of other persons or of property and is likely to
appear for any scheduled proceeding.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996.
SEC. 4. REPEAL OF TIME STOP PROVISIONS.
(a) In General.--Section 240A(d) of the Immigration and Nationality
Act (8 U.S.C. 1229b(d)) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall be
effective as if included in the enactment of subtitle A of title III of
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996.
SEC. 5. REPEAL OF SECTION 101(A)(48).
(a) In General.--Paragraph (48) of section 101(a)(48) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect as if included in the enactment of section 322(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.
SEC. 6. RESTORATION OF SECTION 212(C).
(a) In General.--Section 212 of the Immigration and Nationality Act
(8 U.S.C. 1182) is amended by inserting after subsection (b) the
following new subsection:
``(c) Aliens lawfully admitted for permanent residence who
temporarily proceeded abroad voluntarily and not under an order of
deportation or removal, and who are returning to a lawful
unrelinquished domicile of seven consecutive years, may be admitted in
the discretion of the Secretary of Homeland Security without regard to
the provisions of subsection (a) (other than paragraphs (3) and
(10)(C)). Nothing contained in this subsection shall limit the
authority of the Secretary of Homeland Security to exercise the
discretion vested in him under section 211(b). The first sentence of
this subsection shall not apply to an alien who has been convicted of
one or more aggravated felonies and has served for such felony or
felonies a term of imprisonment of at least 5 years.''.
(b) Effective Date.--The amendment made by subsection (a) applies
as of April 24, 1996, as if section 440(d) of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132) and section
304(b) of Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208) had not been enacted.
SEC. 7. RESTORATION OF JUDICIAL REVIEW PROVISIONS.
(a) In General.--Section 242 of the Immigration and Nationality Act
(8 U.S.C. 1252) is amended to read as follows:
``judicial review of orders of removal
``Sec. 242. (a) The procedure prescribed by, and all the
provisions of chapter 158 of title 28, United States Code, shall apply
to, and shall be the sole and exclusive procedure for, the judicial
review of all final orders of removal heretofore or hereafter made
against aliens within the United States pursuant to administrative
proceedings under section 240 of this Act or comparable provisions of
any prior Act, except that--
``(1) a petition for review may be filed not later than 90
days after the date of the issuance of the final removal order,
or, in the case of an alien convicted of an aggravated felony
not later than 30 days after the issuance of such order;
``(2) the venue of any petition for review under this
section shall be in the judicial circuit in which the
administrative proceedings before an immigration judge were
conducted in whole or in part, or in the judicial circuit
wherein is the residence, as defined in this Act, of the
petitioner, but not in more than one circuit;
``(3) the action shall be brought against the Department of
Homeland Security, as respondent. Service of the petition to
review shall be made upon the Secretary of Homeland Security of
the United States and upon the official of the Department of
Homeland Security in charge of the district in which the office
of the clerk of the court is located. The service of the
petition for review upon such official of the Service shall
stay the removal of the alien pending determination of the
petition by the court, unless the court otherwise directs or
unless the alien is convicted of an aggravated felony, in which
case the Service shall not stay the removal of the alien
pending determination of the petition of the court unless the
court otherwise directs;
``(4) except as provided in clause (B) of paragraph (5) of
this subsection, the petition shall be determined solely upon
the administrative record upon which the removal order is based
and the Secretary of Homeland Security's findings of fact, if
supported by reasonable, substantial, and probative evidence on
the record considered as a whole, shall be conclusive;
``(5) whenever any petitioner, who seeks review of an order
under this section, claims to be a national of the United
States and makes a showing that his claim is not frivolous, the
court shall (A) pass upon the issues presented when it appears
from the pleadings and affidavits filed by the parties that no
genuine issue of material fact is presented; or (B) where a
genuine issue of material fact as to the petitioner's
nationality is presented, transfer the proceedings to a United
States district court for the district where the petitioner has
his residence for hearing de novo of the nationality claim and
determination as if such proceedings were originally initiated
in the district court under the provisions of section 2201 of
title 28, United States Code. Any such petitioner shall not be
entitled to have such issue determined under section 360(a) of
this Act or otherwise;
``(6) whenever a petitioner seeks review of an order under
this section, any review sought with respect to a motion to
reopen or reconsider such an order shall be consolidated with
the review of the order;
``(7) if the validity of a removal order has not been
judicially determined, its validity may be challenged in a
criminal proceeding against the alien for violation of
subsection (a) or (b) of section 243 of this Act only by
separate motion for judicial review before trial. Such motion
shall be determined by the court without a jury and before the
trial of the general issue. Whenever a claim to United States
nationality is made in such motion, and in the opinion of the
court, a genuine issue of material fact as to the alien's
nationality is presented, the court shall accord him a hearing
de novo on the nationality claim and determine that issue as if
proceedings had been initiated under the provisions of section
2201 of title 28, United States Code. Any such alien shall not
be entitled to have such issue determined under section 360(a)
of this Act or otherwise. If no such hearing de novo as to
nationality is conducted, the determination shall be made
solely upon the administrative record upon which the removal
order is based and the Secretary of Homeland Security's
findings of fact, if supported by reasonable, substantial, and
probative evidence on the record considered as a whole, shall
be conclusive. If the removal order is held invalid, the court
shall dismiss the indictment and the United States shall have
the right to appeal to the court of appeals within 30 days. The
procedure on such appeals shall be as provided in the Federal
rules of criminal procedure. No petition for review under this
section may be filed by any alien during the pendency of a
criminal proceeding against such alien for violation of
subsection (a) or (b) of section 243 of this Act;
``(8) nothing in this section shall be construed to require
the Secretary of Homeland Security to defer removal of an alien
after the issuance of a removal order because of the right of
judicial review of the order granted by this section, or to
relieve any alien from compliance with subsections (a) and (b)
of section 243 of this Act. Nothing contained in this section
shall be construed to preclude the Secretary of Homeland
Security from detaining or continuing to detain an alien or
from taking the alien into custody pursuant to section 241 of
this Act at any time after the issuance of a removal order;
``(9) it shall not be necessary to print the record or any
part thereof, or the briefs, and the court shall review the
proceedings on a typewritten record and on typewritten briefs;
and
``(10) any alien held in custody pursuant to an order of
removal may obtain judicial review thereof by habeas corpus
proceedings.
``(b) Notwithstanding the provisions of any other law, any alien
against whom a final order of removal has been made heretofore or
hereafter under the provisions of section 235 of this Act or comparable
provisions of any prior Act may obtain judicial review of such order by
habeas corpus proceedings and not otherwise.
``(c) An order of removal shall not be reviewed by any court if the
alien has not exhausted the administrative remedies available to the
alien as of right under the immigration laws and regulations or if the
alien has departed from the United States after the issuance of the
order. Every petition for review or for habeas corpus shall state
whether the validity of the order has been upheld in any prior judicial
proceeding, and, if so, the nature and date thereof, and the court in
which such proceeding took place. No petition for review or for habeas
corpus shall be entertained if the validity of the order has been
previously determined in any civil or criminal proceeding, unless the
petition presents grounds which the court finds could not have been
presented in such prior proceeding, or the court finds that the remedy
provided by such prior proceeding was inadequate or ineffective to test
the validity of the order.
``(d)(1) A petition for review or for habeas corpus on behalf of an
alien against whom a final order of removal has been issued pursuant to
section 238(b) may challenge only--
``(A) whether the alien is in fact the alien described in
the order;
``(B) whether the alien is in fact an alien described in
section 238(b)(2);
``(C) whether the alien has been convicted of an aggravated
felony and such conviction has become final; and
``(D) whether the alien was afforded the procedures
required by section 238(b)(4).
``(2) No court shall have jurisdiction to review any issue other
than an issue described in paragraph (1).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
determinations pending on or after such date with respect to which--
(1) a final administrative decision has been/not been
rendered as of such date; or
(2) such a decision has been rendered but the period for
seeking judicial review of the decision has not expired.
SEC. 8. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS.
(a) In General.--Notwithstanding section 240(c)(6) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other
limitation imposed by law on motions to reopen removal proceedings, the
Secretary of Homeland Security shall establish a process (whether
through permitting the reopening of a removal proceeding or otherwise)
under which an alien--
(1) who is (or was) in removal proceedings before the date
of the enactment of this Act (whether or not the alien has been
removed as of such date); and
(2) whose eligibility for cancellation of removal has been
established by this Act;
may apply (or reapply) for cancellation of removal under section
240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) as a
beneficiary of the relief provided under this Act.
(b) Parole.--The Secretary of Homeland Security should exercise the
parole authority under section 212(d)(5)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting
aliens removed from the United States to participate in the process
established under subsection (a). | Keeping Families Together Act of 2005 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Act) to repeal the provision amending the definition of "aggravated felony," and restore provisions of law amended by such provision as if it had not been enacted, including residency-or status-related rights of an affected legal alien.
Amends the Immigration and Nationality Act to revise detention of criminal alien provisions, effective as if included in the Act.
Repeals, as if included in the Act: (1) certain provisions respecting termination of continuous presence or physical presence in the United States; and (2) the definition of "conviction."
Authorizes the Secretary of Homeland Security to admit certain lawfully admitted permanent resident aliens returning to the United States who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, effective as of a specified date, as if certain sections of the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 had not been enacted.
Revises provisions respecting judicial review of removal orders.
Requires the Secretary to establish a post-proceeding removal relief process for affected aliens. | To amend the Immigration and Nationality Act to restore certain provisions relating to the definition of aggravated felony and other provisions as they were before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Great Bend of the
Gila National Monument Establishment Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Great Bend of the Gila National Monument,
Arizona.
Sec. 3. Management of national monument.
Sec. 4. Management plan.
Sec. 5. Tribal use of national monument.
Sec. 6. Off-road use of motorized and mechanized vehicles.
Sec. 7. No military airspace restrictions.
Sec. 8. Research, education, and visitor services.
Sec. 9. Fish and wildlife.
Sec. 10. Land acquisition.
Sec. 11. Withdrawal.
Sec. 12. Water rights.
Sec. 13. Authorization of appropriations.
SEC. 2. ESTABLISHMENT OF GREAT BEND OF THE GILA NATIONAL MONUMENT,
ARIZONA.
(a) Establishment.--There is established in the State of Arizona
the Great Bend of the Gila National Monument (in this Act referred to
as the ``national monument'').
(b) Purpose.--The purpose of the national monument is--
(1) to preserve, protect, and restore the archaeological,
cultural, historic, geologic, hydrologic, natural, educational,
and scenic resources of the Great Bend of the Gila (Gila River
in Western Maricopa County, Arizona) and adjacent land; and
(2) to provide for public interpretation and recreation
consistent with the resources described in paragraph (1).
(c) Boundaries.--
(1) In general.--The national monument consists of
approximately 84,296 acres of public lands and interests in
land administered by the Secretary of the Interior through the
Bureau of Land Management, as generally depicted on the map
entitled ``Great Bend of the Gila National Monument'' and dated
March 6, 2013.
(2) Minor adjustments.--The Secretary may make minor
adjustments to the boundaries of the national monument to
reflect the inclusion of significant archaeological resources
discovered after the date of enactment of this Act on public
lands adjacent to the national monument.
(3) Availability of map.--The map described in paragraph
(1) and the legal description of any adjustments made under
paragraph (2) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(d) Adjacent Uses.--Nothing in this Act--
(1) creates a protective perimeter or buffer zone around
the national monument; or
(2) affects private property outside of the boundaries of
the national monument.
SEC. 3. MANAGEMENT OF NATIONAL MONUMENT.
(a) National Landscape Conservation System.--The Secretary of the
Interior shall manage the national monument as part of the National
Landscape Conservation System--
(1) to allow only such uses of the national monument as to
further the purposes for which the monument was established;
and
(2) in accordance with this Act and other laws generally
applicable to the national monument, including the Native
American Graves Protection and Repatriation Act (25 U.S.C. 3001
et seq.) and the policy described in Public Law 95-341
(commonly known as the American Indian Religious Freedom Act;
42 U.S.C. 1996).
(b) Management Objectives.--In managing the national monument, the
Secretary of the Interior shall--
(1) maintain the undeveloped character of the national
monument to the maximum extent practicable; and
(2) protect and restore cultural resources, species, and
ecosystems of the national monument.
(c) Vegetation Management.--
(1) In general.--The Secretary of the Interior--
(A) shall conduct an inventory of invasive plant
species in the national monument; and
(B) may carry out vegetation management treatments
in the national monument.
(2) Use of native plant species.--The Secretary shall
utilize native plant species in planning for restoration
projects to be conducted in the national monument.
(d) Grazing.--The Secretary shall permit grazing in the national
monument, where grazing was established before the date of enactment of
this Act--
(1) subject to all applicable laws; and
(2) consistent with the purposes for which the national
monument is established.
(e) Backcountry Activities.--Management of the national monument
shall support backcountry hunting and other non-motorized recreation in
the national monument.
SEC. 4. MANAGEMENT PLAN.
(a) Management Plan Required.--Not later than three years after the
date of enactment of this Act, the Secretary of the Interior shall
develop a management plan for the national monument that addresses the
actions necessary to protect the resources described in section
2(b)(1). The management plan shall include a transportation plan,
including travel restrictions and road closures.
(b) Consultation.--In addition to the period of public comment
required by subsection (b), the Secretary of the Interior shall prepare
the management plan in government-to-government consultation with
Indian tribes with a cultural or historic tie to the Great Bend of the
Gila.
SEC. 5. TRIBAL USE OF NATIONAL MONUMENT.
(a) Traditional Uses.--The Secretary of the Interior shall allow
for the continued use of the national monument by members of Indian
tribes--
(1) for traditional ceremonies; and
(2) as a source of traditional plants and other materials.
(b) Terms and Conditions.--Tribal use of the national monument
under subsection (a) shall be--
(1) subject to any terms and conditions the Secretary of
the Interior determines to be necessary to further the purposes
for which the national monument is established; and
(2) in accordance with applicable law.
(c) Tribal Rights.--Nothing in this Act affects--
(1) the rights of any Indian tribe on Indian land;
(2) any individually held trust land or Indian allotment;
or
(3) any treaty rights providing for nonexclusive access to
or in the national monument by members of Indian tribes for
traditional and cultural purposes.
SEC. 6. OFF-ROAD USE OF MOTORIZED AND MECHANIZED VEHICLES.
Except as needed for administrative purposes or to respond to an
emergency, the use of motorized and mechanized vehicles in the national
monument is limited to roads and trails designated for their use.
SEC. 7. NO MILITARY AIRSPACE RESTRICTIONS.
Establishment of the national monument shall not be construed to
impact or impose any altitude, flight, or other airspace restrictions
on current or future military operations or missions. Should the Armed
Forces require additional or modified airspace after the date of the
enactment of this Act, Congress does not intend for the establishment
of the national monument to impede the Secretary of Defense from
petitioning the Federal Aviation Administration to change or expand
restricted military airspace.
SEC. 8. RESEARCH, EDUCATION, AND VISITOR SERVICES.
(a) Education and Interpretation.--The Secretary of the Interior
shall provide such minimal facilities within the national monument for
education and interpretation, such as signage or other interpretive
kiosks, as the Secretary considers necessary for visitor enjoyment of
the national monument, while ensuring the protection of monument
resources.
(b) Visitor Center.--Any visitor center for the national monument
shall be sited in a community in the vicinity of the national monument,
rather than within the boundaries of the national monument.
(c) Research Authorized.--
(1) In general.--The Secretary of the Interior shall allow
scientific research to be conducted in the national monument,
including research to identify, protect, and preserve the
historic and cultural resources of the monument.
(2) Climate change research.--The Secretary may conduct, or
authorize other persons to conduct, research regarding the
effects of climate change on monument resources to develop
management techniques to boost resiliency and facilitate
adaptation to human-caused climate change.
SEC. 9. FISH AND WILDLIFE.
Nothing in this Act affects the jurisdiction of the State of
Arizona with respect to the management of fish and wildlife on public
lands in the State.
SEC. 10. LAND ACQUISITION.
(a) Acquisition Authority.--The Secretary of the Interior may
acquire land and any interest in land, State and private, within or
adjacent to the boundaries of the national monument--
(1) by purchase from willing sellers with donated or
appropriated funds;
(2) by donation; or
(3) by exchange.
(b) Treatment of Acquired Land.--Land and interests in land
acquired under the authority of subsection (a) shall automatically
become part of the national monument.
SEC. 11. WITHDRAWAL.
(a) In General.--Subject to valid existing rights, all Federal land
within the national monument (including any land or interest in land
acquired after the date of enactment of this Act) is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Renewable Energy Projects.--Subject to valid and existing
rights, renewable energy and transmission development is prohibited in
the national monument.
SEC. 12. WATER RIGHTS.
(a) In General.--Nothing in this Act affects any valid water
rights, including water rights held by the United States.
(b) Reserved Water Rights.--The designation of the national
monument does not create a Federal reserved water right.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Great Bend of the Gila National Monument Establishment Act - Establishes the Great Bend of the Gila National Monument in Arizona. Requires the Secretary of the Interior to manage the Monument as part of the National Landscape Conservation System by allowing only such uses of the Monument that further the purposes for which it was established. Requires the Monument to be managed so as to maintain its undeveloped character and to protect and restore its cultural resources, species, and ecosystems. Directs the Secretary to conduct an inventory of invasive plant species in the Monument. Authorizes the Secretary to carry out vegetation management treatments within the Monument. Permits grazing within the Monument where it is already established. Requires the Secretary to develop a management plan for the Monument. Instructs the Secretary to prepare such plan in government-to-government consultation with Indian tribes having a cultural or historic tie to the Great Bend of the Gila. Allows for the continued use of the Monument by members of tribes for traditional ceremonies and as a source of traditional plants and other materials. Authorizes the Secretary to allow scientific research to be conducted within the Monument, including research for the preservation of the historic and cultural resources of the Monument. Permits the Secretary to conduct or authorize other persons to conduct research regarding the effects of climate change on the Monument's resources. Prohibits renewable energy and transmission development projects from being carried out in the Monument. | Great Bend of the Gila National Monument Establishment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Storage Technology for Renewable and
Green Energy Act of 2010'' or the ``STORAGE 2010 Act''.
SEC. 2. ENERGY INVESTMENT CREDIT FOR ENERGY STORAGE PROPERTY CONNECTED
TO THE GRID.
(a) Up to 20 Percent Credit Allowed.--Subparagraph (A) of section
48(a)(2) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of subclause (IV) of
clause (i),
(2) by striking ``clause (i)'' in clause (ii) and inserting
``clause (i) or (ii)'',
(3) by redesignating clause (ii) as clause (iii), and
(4) by inserting after clause (i) the following new clause:
``(ii) as provided in subsection (c)(5)(D),
up to 20 percent in the case of qualified
energy storage property, and''.
(b) Qualified Energy Storage Property.--Subsection (c) of section
48 of the Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(5) Qualified energy storage property.--
``(A) In general.--The term `qualified energy
storage property' means property--
``(i) which is directly connected to the
electrical grid, and
``(ii) which is designed to receive
electrical energy, to store such energy, and--
``(I) to convert such energy to
electricity and deliver such
electricity for sale, or
``(II) to use such energy to
provide improved reliability or
economic benefits to the grid.
Such term may include hydroelectric pumped storage and
compressed air energy storage, regenerative fuel cells,
batteries, superconducting magnetic energy storage,
flywheels, thermal energy storage systems, and hydrogen
storage, or combination thereof, or any other
technologies as the Secretary, in consultation with the
Secretary of Energy, shall determine.
``(B) Minimum capacity.--The term `qualified energy
storage property' shall not include any property unless
such property in aggregate has the ability to sustain a
power rating of at least 1 megawatt for a minimum of 1
hour.
``(C) Electrical grid.--The term `electrical grid'
means the system of generators, transmission lines, and
distribution facilities which--
``(i) are under the jurisdiction of the
Federal Energy Regulatory Commission or State
public utility commissions, or
``(ii) are owned by--
``(I) the Federal government,
``(II) a State or any political
subdivision of a State,
``(III) an electric cooperative
that receives financing under the Rural
Electrification Act of 1936 (7 U.S.C.
901 et seq.) or that sells less than
4,000,000 megawatt hours of electricity
per year, or
``(IV) any agency, authority, or
instrumentality of any one or more of
the entities described in subclause (I)
or (II), or any corporation which is
wholly owned, directly or indirectly,
by any one or more of such entities.
``(D) Allocation of credits.--
``(i) In general.--In the case of qualified
energy storage property placed in service
during the taxable year, the credit otherwise
determined under subsection (a) for such year
with respect to such property shall not exceed
the amount allocated to such project under
clause (ii).
``(ii) National limitation and
allocation.--There is a qualified energy
storage property investment credit limitation
of $1,500,000,000. Such limitation shall be
allocated by the Secretary among qualified
energy storage property projects selected by
the Secretary, in consultation with the
Secretary of Energy, for taxable years
beginning after the date of the enactment of
the STORAGE 2010 Act, except that not more than
$30,000,000 shall be allocated to any project
for all such taxable years.
``(iii) Selection criteria.--In making
allocations under clause (ii), the Secretary,
in consultation with the Secretary of Energy,
shall select only those projects which have a
reasonable expectation of commercial viability,
select projects representing a variety of
technologies, applications, and project sizes,
and give priority to projects which--
``(I) provide the greatest increase
in reliability or the greatest economic
benefit,
``(II) enable the greatest
improvement in integration of renewable
resources into the grid, or
``(III) enable the greatest
increase in efficiency in operation of
the grid.
``(iv) Deadlines.--
``(I) In general.--If a project
which receives an allocation under
clause (ii) is not placed in service
within 2 years after the date of such
allocation, such allocation shall be
invalid.
``(II) Special rule for
hydroelectric pumped storage.--
Notwithstanding subclause (I), in the
case of a hydroelectric pumped storage
project, if such project has not
received such permits or licenses as
are determined necessary by the
Secretary, in consultation with the
Secretary of Energy, within 3 years
after the date of such allocation,
begun construction within 5 years after
the date of such allocation, and been
placed in service within 8 years after
the date of such allocation, such
allocation shall be invalid.
``(III) Special rule for compressed
air energy storage.--Notwithstanding
subclause (I), in the case of a
compressed air energy storage project,
if such project has not begun
construction within 3 years after the
date of the allocation and been placed
in service within 5 years after the
date of such allocation, such
allocation shall be invalid.
``(IV) Exceptions.--The Secretary
may extend the 2-year period in
subclause (I) or the periods described
in subclauses (II) and (III) on a
project-by-project basis if the
Secretary, in consultation with the
Secretary of Energy, determines that
there has been a good faith effort to
begin construction or to place the
project in service, whichever is
applicable, and that any delay is
caused by factors not in the taxpayer's
control.
``(E) Review and redistribution.--
``(i) Review.--Not later than 4 years after
the date of the enactment of the STORAGE 2010
Act, the Secretary shall review the credits
allocated under subparagraph (D) as of the date
of such review.
``(ii) Redistribution.--Upon the review
described in clause (i), the Secretary may
reallocate credits allocated under subparagraph
(D) if the Secretary determines that--
``(I) there is an insufficient
quantity of qualifying applications for
certification pending at the time of
the review, or
``(II) any allocation made under
subparagraph (D)(ii) has been revoked
pursuant to subparagraph (D)(iv)
because the project subject to such
allocation has been delayed.
``(F) Disclosure of allocations.--The Secretary
shall, upon making an allocation under subparagraph
(D)(ii), publicly disclose the identity of the
applicant, the location of the project, and the amount
of the credit with respect to such applicant.
``(G) Termination.--No credit shall be allocated
under subparagraph (D) for any period ending after
December 31, 2020.''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 3. ENERGY STORAGE PROPERTY CONNECTED TO THE GRID ELIGIBLE FOR NEW
CLEAN RENEWABLE ENERGY BONDS.
(a) In General.--Paragraph (1) of section 54C(d) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Qualified renewable energy facility.--The term
`qualified renewable energy facility' means a facility which
is--
``(A)(i) a qualified facility (as determined under
section 45(d) without regard to paragraphs (8) and (10)
thereof and to any placed in service date), or
``(ii) a qualified energy storage property (as
defined in section 48(c)(5)), and
``(B) owned by a public power provider, a
governmental body, or a cooperative electric
company.''.
(b) Effective Date.--The amendment made by this section shall apply
to obligations issued after the date of the enactment of this Act.
SEC. 4. ENERGY INVESTMENT CREDIT FOR ONSITE ENERGY STORAGE.
(a) Credit Allowed.--Clause (i) of section 48(a)(2)(A) of the
Internal Revenue Code of 1986, as amended by this Act, is amended--
(1) by striking ``and'' at the end of subclause (III),
(2) by inserting ``and'' at the end of subclause (IV), and
(3) by adding at the end the following new subclause:
``(V) qualified onsite energy
storage property,''.
(b) Qualified Onsite Energy Storage Property.--Subsection (c) of
section 48 of the Internal Revenue Code of 1986, as amended by this
Act, is amended by adding at the end the following new paragraph:
``(6) Qualified onsite energy storage property.--
``(A) In general.--The term `qualified onsite
energy storage property' means property which--
``(i) provides supplemental energy to
reduce peak energy requirements primarily on
the same site where the storage is located, or
``(ii) is designed and used primarily to
receive and store intermittent renewable energy
generated onsite and to deliver such energy
primarily for onsite consumption.
Such term may include thermal energy storage systems
and property used to charge plug-in and hybrid electric
vehicles if such property or vehicles are equipped with
smart grid services which control time-of-day charging
and discharging of such vehicles. Such term shall not
include any property for which any other credit is
allowed under this chapter.
``(B) Minimum capacity.--The term `qualified onsite
energy storage property' shall not include any property
unless such property in aggregate--
``(i) has the ability to store the energy
equivalent of at least 20 kilowatt hours of
energy,
``(ii) has the ability to have an output of
the energy equivalent of 5 kilowatts of
electricity for a period of 4 hours, and
``(iii) has a roundtrip energy storage
efficiency of not less than 80 percent.
``(C) Limitation.--In the case of qualified onsite
energy storage property placed in service during the
taxable year, the credit otherwise determined under
subsection (a) for such year with respect to such
property shall not exceed $1,000,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 5. CREDIT FOR RESIDENTIAL ENERGY STORAGE EQUIPMENT.
(a) Credit Allowed.--Subsection (a) of section 25C of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of paragraph (1),
(2) by redesignating paragraph (2) as paragraph (3), and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) 30 percent of the amount paid or incurred by the
taxpayer for qualified residential energy storage equipment
installed during such taxable year, and''.
(b) Qualified Residential Energy Storage Equipment.--
(1) In general.--Section 25C of the Internal Revenue Code
of 1986 is amended--
(A) by redesignating subsections (e), (f), and (g)
as subsections (f), (g), and (h), respectively, and
(B) by inserting after subsection (d) the following
new subsection:
``(d) Qualified Residential Energy Storage Equipment.--For purposes
of this section, the term `qualified residential energy storage
equipment' means property--
``(1) which is installed in or on a dwelling unit located
in the United States and owned and used by the taxpayer as the
taxpayer's principal residence (within the meaning of section
121), or on property owned by the taxpayer on which such a
dwelling unit is located,
``(2) which--
``(A) provides supplemental energy to reduce peak
energy requirements primarily on the same site where
the storage is located, or
``(B) is designed and used primarily to receive and
store intermittent renewable energy generated onsite
and to deliver such energy primarily for onsite
consumption,
``(3) which has a roundtrip energy storage efficiency of
not less than 80 percent, and
``(4) which--
``(A) has the ability to store the energy
equivalent of at least 2 kilowatt hours of energy, and
``(B) has the ability to have an output of the
energy equivalent of 500 watts of electricity for a
period of 4 hours.
Such term may include thermal energy storage systems and property used
to charge plug-in and hybrid electric vehicles if such property or
vehicles are equipped with smart grid services which control time-of-
day charging and discharging of such vehicles. Such term shall not
include any property for which any other credit is allowed under this
chapter.''.
(2) Conforming amendment.--Section 1016(a)(33) of such Code
is amended by striking ``section 25C(f)'' and inserting
``section 25C(g)''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Storage Technology for Renewable and Green Energy Act of 2010 or the STORAGE 2010 Act - Amends the Internal Revenue Code to: (1) allow, through 2019, a 20% energy tax credit for investment in energy storage property that is directly connected to the electrical grid (i.e., a system of generators, transmission lines, and distribution facilities) and that is designed to receive. store, and convert energy to electricity, deliver it for sale, or use such energy to provide improved reliability or economic benefits to the grid; (2) make such property eligible for new clean renewable energy bond financing; (3) allow a 30% energy tax credit for investment in energy storage property used at the site of energy storage; and (4) allow a 30% nonbusiness energy property tax credit for the installation of energy storage equipment in a principal residence. | A bill to amend the Internal Revenue Code of 1986 to provide for an energy investment credit for energy storage property connected to the grid, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Triad Program Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) senior citizens are among the most rapidly growing
segments of our society;
(2) currently, senior citizens comprise 15 percent of our
society, and predictions are that by the turn of the century
they will constitute 18 percent of our Nation's population;
(3) senior citizens find themselves uniquely situated in
our society, environmentally and physically;
(4) many senior citizens are experiencing increased social
isolation due to fragmented and distant familial relations,
scattered associations, limited access to transportation, and
other insulating factors;
(5) physical conditions such as hearing loss, poor
eyesight, lessened agility, and chronic and debilitating
illnesses often contribute to an older person's susceptibility
to criminal victimization;
(6) senior citizens are too frequently the victims of abuse
and neglect, violent crime, property crime, consumer fraud,
medical quackery, and confidence games;
(7) studies have found that senior citizens that are
victims of violent crime are more likely to be injured and
require medical attention than are younger victims;
(8) victimization data on crimes against senior citizens
are incomplete and out of date, and data sources are partial,
scattered, and not easily obtained;
(9) although a few studies have attempted to define and
estimate the extent of abuse and neglect of senior citizens,
both in their homes and in institutional settings, many experts
believe that this crime is substantially underreported and
undetected;
(10) similarly, while some evidence suggests that senior
citizens may be targeted in a range of fraudulent schemes,
neither the Uniform Crime Report nor the National Crime Survey
collects data on individual- or household-level fraud;
(11) many law enforcement agencies do not have model
practices for responding to the criminal abuse of senior
citizens;
(12) law enforcement officers and social service providers
come from different disciplines and frequently bring different
perspectives to the problem of crimes against senior citizens;
(13) those differences, in turn, can contribute to
inconsistent approaches to the problem and inhibit a genuinely
effective response;
(14) there are, however, a few efforts currently under way
that seek to forge partnerships to coordinate criminal justice
and social service approaches to victimization of senior
citizens;
(15) the Triad program, sponsored by the National Sheriffs'
Association (NSA), the International Association of Chiefs of
Police (IACP), and the American Association of Retired Persons
(AARP), is one such effort; and
(16) recognizing that senior citizens have the same
fundamental desire as other members of our society to live
freely, without fear or restriction due to the criminal
element, the Federal Government should seek to expand efforts
to reduce crime against this growing and uniquely vulnerable
segment of our population.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to support a coordinated effort among law enforcement
and social service agencies to stem the tide of violence
against senior citizens and support media and nonmedia
strategies aimed at increasing both public understanding of the
problem and the senior citizens' skills in preventing crime
against themselves and their property; and
(2) to address the problem of crime against senior citizens
in a systematic and effective manner by promoting and expanding
collaborative crime prevention programs, such as the Triad
model, that assist law enforcement agencies and senior citizens
in implementing specific strategies for crime prevention,
victim assistance, citizen involvement, and public education.
SEC. 4. NATIONAL ASSESSMENT AND DISSEMINATION.
(a) In General.--The Director of the National Institute of Justice
shall conduct a qualitative and quantitative national assessment of--
(1) the nature and extent of crimes committed against
senior citizens and the effect of such crimes on the victims;
(2) the numbers, extent, and impact of violent crimes and
nonviolent crimes (such as frauds and ``scams'') against senior
citizens and the extent of unreported crime;
(3) the collaborative needs of law enforcement, health, and
social service organizations, focusing on prevention of crimes
against senior citizens, to identify, investigate, and provide
assistance to victims of those crimes; and
(4) the development and growth of strategies to respond
effectively to the matters described in paragraphs (1), (2),
and (3).
(b) Matters To Be Addressed.--The national assessment made pursuant
to subsection (a) shall address--
(1) the analysis and synthesis of data from a broad range
of sources in order to develop accurate information on the
nature and extent of crimes against senior citizens, including
identifying and conducting such survey and other data
collection efforts as are needed and designing a strategy to
keep such information current over time;
(2) institutional and community responses to elderly
victims of crime, focusing on the problems associated with fear
of victimization, abuse of senior citizens, and hard-to-reach
senior citizens who are in poor health, are living alone or
without family nearby, or living in high crime areas;
(3) special services and responses required by elderly
victims;
(4) whether the experience of senior citizens with some
service organizations differs markedly from that of younger
populations;
(5) the kinds of programs that have proven useful in
reducing victimization of senior citizens through crime
prevention activities and programs;
(6) the kinds of programs that contribute to successful
coordination among public sector agencies and community
organizations in reducing victimization of senior citizens; and
(7) the research agenda needed to develop a comprehensive
understanding of the problems of crimes against senior
citizens, including the changes that can be anticipated in the
crimes themselves and appropriate responses as the society
increasingly ages.
(c) Avoidance of Duplication.--In conducting the assessment under
subsection (a), the Director of the National Institute of Justice shall
draw upon the findings of existing studies and avoid duplication of
efforts that have previously been made.
(d) Dissemination.--Based on the results of the national assessment
and analysis of successful or promising strategies in dealing with the
problems described in subsection (b) and other problems, including
coalition efforts such as the Triad programs described in sections 2
and 3, the Director of the National Institute of Justice shall
disseminate the results through reports, publications, clearinghouse
services, public service announcements, and programs of evaluation,
demonstration, training, and technical assistance.
SEC. 5. PILOT PROGRAMS.
(a) Awards.--The Director of the Bureau of Justice Assistance shall
make grants to coalitions of local law enforcement agencies and senior
citizens to assist in the development of programs and execute field
tests of particularly promising strategies for crime prevention
services and related services based on the concepts of the Triad model,
which can then be evaluated and serve as the basis for further
demonstration and education programs.
(b) Triad Cooperative Model.--(1) Subject to paragraph (2), a pilot
program funded under this section shall consist of the Triad
cooperative model developed by the organizations described in section
2(15), which calls for the participation of the sheriff, at least 1
police chief, and a representative of at least 1 senior citizens'
organization within a county and may include participation by general
service coalitions of law enforcement, victim service, and senior
citizen advocate organizations.
(2) If there is not both a sheriff and a police chief in a county
or if the sheriff or a police chief do not participate, a pilot program
funded under this section shall include in the place of the sheriff or
police chief another key law enforcement official in the county such as
a local prosecutor.
(c) Application.--A coalition or Triad program that desires to
establish a pilot program under this section shall submit to the
Director of the Bureau of Justice Assistance an application that
includes--
(1) a description of the community and its senior citizen
population;
(2) assurances that Federal funds received under this part
shall be used to provide additional and appropriate education
and services to the community's senior citizens;
(3) a description of the extent of involvement of each
organizational component (chief, sheriff (or other law
enforcement official), and senior organization representative)
and focus of the Triad program;
(4) a comprehensive plan including--
(A) a description of the crime problems facing
senior citizens and need for expanded law enforcement
and victim assistance services;
(B) a description of the types of projects to be
developed or expanded;
(C) a plan for an evaluation of the results of
Triad endeavors;
(D) a description of the resources (including
matching funds, in-kind services, and other resources)
available in the community to implement the Triad
development or expansion;
(E) a description of the gaps that cannot be filled
with existing resources;
(F) an explanation of how the requested grant will
be used to fill those gaps; and
(G) a description of the means and methods the
applicant will use to reduce criminal victimization of
older persons; and
(5) funding requirements for implementing a comprehensive
plan.
(d) Distribution of Awards.--The Director of the Bureau of Justice
Assistance shall make awards--
(1) to 20 Triad programs in counties with a population of
less than 50,000;
(2) to 20 Triad programs in counties with a population of
at least 50,000 but less than 100,000; and
(3) to 10 Triad programs in counties with a population of
100,000 or more.
(e) Post-Grant Period Report.--A grant recipient under this section
shall, not later than 6 months after the conclusion of the grant
period, submit to the Director of the Bureau of Justice Assistance a
report that--
(1) describes the composition of organizations that
participated in the pilot program;
(2) identifies problem areas encountered during the course
of the pilot program;
(3) provides data comparing the types and frequency of
criminal activity before and after the grant period and the
effect of such criminal activity on senior citizens in the
community; and
(4) describes the grant recipient's plans and goals for
continuance of the Triad program after the grant period.
SEC. 6. TRAINING ASSISTANCE, EVALUATION, AND DISSEMINATION AWARDS.
In conjunction with the national assessment under section 4--
(1) the Director of the Bureau of Justice Assistance shall
make awards to organizations with demonstrated ability to
provide training and technical assistance in establishing crime
prevention programs based on the Triad model, for purposes of
aiding in the establishment and expansion of pilot programs
under this section; and
(2) the Director of the National Institute of Justice shall
make awards to research organizations, for the purposes of--
(A) evaluating the effectiveness of selected pilot
programs; and
(B) conducting the research and development
identified through the national assessment as being
critical; and
(3) the Director of the Bureau of Justice Assistance shall
make awards to public service advertising coalitions, for the
purposes of mounting a program of public service advertisements
to increase public awareness and understanding of the issues
surrounding crimes against senior citizens and promoting ideas
or programs to prevent them.
SEC. 7. REPORT.
The Director of the Bureau of Justice Assistance and the Director
of the National Institute of Justice shall submit to Congress an annual
report (which may be included with the report submitted under section
102(b) of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3712(b)) describing the results of the pilot programs
conducted under section 5.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) $2,000,000 to the Bureau of Justice Assistance for the
purpose of making Triad pilot program awards in that amount
under section 5;
(2) $1,000,000 to the Bureau of Justice Assistance for the
purpose of funding the national training and technical
assistance effort under sections 4 and 6;
(3) $1,000,000 to the Bureau of Justice Assistance for the
purpose of developing public service announcements under
sections 4 and 6;
(4) $2,000,000 to the National Institute of Justice for the
purposes of conducting the national assessment, evaluation
pilot programs, and carrying out the research agenda under
sections 4 and 6; and
(5) to the extent that funds are not otherwise available
for the purpose, such sums as are necessary to pay the
administrative costs of carrying out this Act. | National Triad Program Act - Requires the Director of the National Institute of Justice to conduct a qualitative and quantitative national assessment of: (1) the nature and extent of crimes committed against senior citizens and the effect of such crimes on the victims; (2) the numbers, extent, and impact of violent and nonviolent crimes against senior citizens and the extent of unreported crime; (3) the collaborative needs of law enforcement, health, and social service organizations, focusing on prevention of crimes against senior citizens, to identify, investigate, and provide assistance to victims of such crimes; and (4) the development and growth of strategies to respond effectively] to such matters.
Directs the Director to make grants to coalitions of local law enforcement agencies and senior citizens to assist in the development of programs and execute field tests of particularly promising strategies for crime prevention and related services, based on the concepts of the Triad model (which generally calls for the participation of the sheriff, at least one police chief, and a representative of at least one senior citizens' organization within a county) which can then be evaluated and serve as the basis for further demonstration and education programs.
Requires the Director to make awards to: (1) organizations with demonstrated ability to provide training and technical assistance in establishing crime prevention programs based on the Triad model, for purposes of aiding in the establishment and expansion of pilot programs; (2) research organizations to evaluate the effectiveness of selected pilot programs, and to conduct research and development identified as being critical; and (3) public service advertising coalitions to increase public awareness of, and promote ideas or programs to prevent, crimes against senior citizens.
Authorizes appropriations. | National Triad Program Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dam Rehabilitation and Repair Act of
2007''.
SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by redesignating paragraphs (3), (4), (5), (6), (7),
(8), (9), (10), (11), (12), and (13) as paragraphs (4), (5),
(6), (7), (8), (9), (10), (13), (14), (15), and (16),
respectively;
(2) by inserting after paragraph (2) the following:
``(3) Deficient dam.--The term `deficient dam' means a dam
that the State within the boundaries of which the dam is
located determines--
``(A) fails to meet minimum dam safety standards of
the State; and
``(B) poses an unacceptable risk to the public.'';
and
(3) by inserting after paragraph (10) (as redesignated by
paragraph (1)) the following:
``(11) Publicly-owned dam.--
``(A) In general.--The term `publicly-owned dam'
means a dam that is owned by 1 or more State agencies
or governments, local governments, or municipal
governments.
``(B) Inclusions.--The term `publicly-owned dam'
includes a dam owned by a nonprofit organization that--
``(i) is established by 1 or more State,
local, or municipal governments; and
``(ii) provides public benefits, such as--
``(I) local flood control
districts;
``(II) regional public water
utilities; and
``(III) local irrigation districts.
``(12) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that
is carried out to meet applicable State dam safety and security
standards.''.
(b) Program for Rehabilitation and Repair of Deficient Dams.--The
National Dam Safety Program Act is amended by inserting after section 8
(33 U.S.C. 467f) the following:
``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
``(a) Establishment of Program.--The Director shall establish,
within FEMA, a program to provide grant assistance to States for use in
rehabilitation of deficient dams that are publicly-owned dams.
``(b) Award of Grants.--
``(1) Application.--
``(A) In general.--A State interested in receiving
a grant under this section may submit to the Director
an application for the grant.
``(B) Requirements.--An application submitted to
the Director under this section shall be submitted at
such time, be in such form, and contain such
information as the Director may prescribe by
regulation.
``(2) Grant.--
``(A) In general.--The Director may make a grant in
accordance with this section for rehabilitation of a
deficient dam to a State that submits an application
for the grant in accordance with the regulations
prescribed by the Director.
``(B) Project grant agreement.--The Director shall
enter into a project grant agreement with the State to
establish the terms of the grant and the project,
including the amount of the grant.
``(3) Applicability of requirements.--The Director shall
require a State receiving a grant under this section to comply
with requirements applicable to contributions of Federal funds
under section 611(j)(9) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9)), as
in effect on the date of enactment of this section, in carrying
out a project funded using amounts from the grant.
``(c) Priority System.--The Director, in consultation with the
Board, shall develop a risk-based priority system for use in
identifying deficient dams for which grants may be made under this
section.
``(d) Allocation of Funds.--The total amount of funds appropriated
pursuant to subsection (h)(1) for a fiscal year shall be allocated for
making grants under this section to States applying for the grants for
that fiscal year as follows:
``(1) \1/3\ divided equally among applying States.
``(2) \2/3\ divided among applying States based on the
proportion that--
``(A) the number of non-Federal publicly-owned dams
that the Secretary of the Army identifies in the
national inventory of dams maintained under section 6
as constituting a danger to human health and that are
located within the boundaries of the State; bears to
``(B) the number of non-Federal publicly-owned dams
that are so identified and that are located within the
boundaries of all applying States.
``(e) Use of Funds.--None of the funds provided in the form of a
grant or otherwise made available under this section shall be used--
``(1) to rehabilitate a Federal dam;
``(2) to perform routine operation or maintenance of a dam;
``(3) to modify a dam to produce hydroelectric power;
``(4) to increase water supply storage capacity; or
``(5) to make any other modification to a dam that does not
also improve the safety of the dam.
``(f) Cost Sharing.--The Federal share of the cost of
rehabilitation of a deficient dam for which a grant is made under this
section may not exceed 65 percent of the cost of the rehabilitation.
``(g) Contractual Requirements.--
``(1) In general.--Subject to paragraph (2), as a condition
on the receipt of a grant under this section, a State that
receives the grant shall require that each contract and
subcontract for program management, construction management,
planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying,
mapping, and related services entered into using funds from the
grant be awarded in the same manner as a contract for
architectural and engineering services is awarded under--
``(A) chapter 11 of title 40, United States Code;
or
``(B) an equivalent qualifications-based
requirement prescribed by the State.
``(2) No proprietary interest.--A contract awarded in
accordance with paragraph (1) shall not be considered to confer
a proprietary interest upon the United States.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $10,000,000 for fiscal year 2008;
``(B) $15,000,000 for fiscal year 2009;
``(C) $25,000,000 for fiscal year 2010;
``(D) $50,000,000 for fiscal year 2011; and
``(E) $100,000,000 for fiscal year 2012.
``(2) Staff.--There is authorized to be appropriated to
provide for the employment of such additional staff of FEMA as
are necessary to carry out this section $400,000 for each of
fiscal years 2008 through 2010.
``(3) Period of availability.--Amounts made available under
this section shall remain available until expended.''.
SEC. 3. RULEMAKING.
(a) Proposed Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Director of the Federal Emergency Management
Agency shall issue a notice of proposed rulemaking regarding the
amendments made by section 2 to the National Dam Safety Program Act (33
U.S.C. 467 et seq.).
(b) Final Rule.--Not later than 120 days after the date of
enactment of this Act, the Director of the Federal Emergency Management
Agency shall promulgate a final rule regarding the amendments described
in subsection (a). | Dam Rehabilitation and Repair Act of 2007 - Amends the National Dam Safety Program Act to require the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams).
Sets forth provisions regarding procedures for grant awards and fund allocation. Requires: (1) a state receiving a grant under this Act to comply with requirements applicable to contributions of federal funds under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (2) FEMA to develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the federal share of rehabilitation costs to 65%.
Prohibits funds from being used to: (1) rehabilitate a federal dam; (2) perform routine operation or maintenance; (3) modify a dam to produce hydroelectric power; (4) increase water supply storage capacity; or (5) make any other modification that does not also improve safety.
Conditions the receipt of grants by states upon compliance with specified requirements regarding contracts for architectural and engineering services. Provides that such contracts shall not be considered to confer a proprietary interest upon the United States. | A bill to amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capitol Police Retention,
Recruitment, and Authorization Act of 2002''.
SEC. 2. INCREASE IN ANNUAL RATE OF BASIC COMPENSATION.
For fiscal year 2003, the Capitol Police Board shall increase the
annual rate of basic compensation applicable for officers and members
of the Capitol Police for pay periods occurring during the year by 5
percent, except that in the case of officers above the rank of captain
the increase shall be made at a rate determined by the Board at its
discretion (but not to exceed 5 percent).
SEC. 3. INCREASE IN RATES APPLICABLE TO NEWLY-APPOINTED MEMBERS AND
EMPLOYEES.
The Capitol Police Board may compensate newly-appointed officers,
members, and civilian employees of the Capitol Police at an annual rate
of basic compensation in excess of the lowest rate of compensation
otherwise applicable to the position to which the employee is
appointed, except that in no case may such a rate be greater than the
maximum annual rate of basic compensation otherwise applicable to the
position.
SEC. 4. ADDITIONAL COMPENSATION FOR SPECIALTY ASSIGNMENTS.
Section 909(e) of the Emergency Supplemental Act, 2002 (40 U.S.C.
207b-2(e)), is amended--
(1) in the heading, by inserting ``and Officers Holding
Other Specialty Assignments'' after ``Officers'';
(2) in paragraph (1), by inserting ``or who is assigned to
another specialty assignment designated by the chief of the
Capitol Police'' after ``field training officer''; and
(3) in paragraph (2), by striking ``officer,'' and
inserting ``officer or to be assigned to a designated specialty
assignment,''.
SEC. 5. APPLICATION OF PREMIUM PAY LIMITS ON ANNUALIZED BASIS.
(a) In General.--Any limits on the amount of premium pay which may
be earned by officers and members of the Capitol Police during
emergencies (as determined by the Capitol Police Board) shall be
applied by the Capitol Police Board on an annual basis and not on a pay
period basis.
(b) Effective Date.--Subsection (a) shall apply with respect to
hours of duty occurring on or after September 11, 2001.
SEC. 6. THRESHOLD FOR ELIGIBILITY FOR ADDITIONAL ANNUAL LEAVE.
The Capitol Police Board shall provide that an officer or member of
the Capitol Police who completes 3 years of employment with the Capitol
Police (taking into account any period occurring before, on, or after
the date of the enactment of this Act) shall receive 8 hours of annual
leave per pay period.
SEC. 7. FINANCIAL ASSISTANCE FOR HIGHER EDUCATION COSTS.
(a) Tuition Reimbursement.--
(1) In general.--The Capitol Police Board shall establish a
tuition reimbursement program for officers and members of the
Capitol Police who are enrolled in or accepted for enrollment
in a degree, certificate, or other program leading to a
recognized educational credential at an institution of higher
education in a course of study relating to law enforcement.
(2) Annual cap on amount reimbursed.--The amount paid as a
reimbursement under the program established under this
subsection with respect to any individual may not exceed $3,000
during any year.
(3) Approval of regulations.--The program established under
this subsection shall take effect upon the approval of the
regulations promulgated by the Capitol Police Board to carry
out the program by the Committee on House Administration of the
House of Representatives and the Committee on Rules and
Administration of the Senate.
(b) Bonus Payments for Completion of Degree.--The Capitol Police
Board may make a one-time bonus payment in an amount not to exceed $500
to any officer or member who participates in the program established
under subsection (a) upon the officer's or member's completion of the
course of study involved.
SEC. 8. BONUS PAYMENTS FOR OFFICERS AND EMPLOYEES WHO RECRUIT NEW
OFFICERS.
(a) In General.--The Capitol Police Board may make a one-time bonus
payment in an amount not to exceed $500 to any officer, member, or
civilian employee of the Capitol Police who recruits another individual
to serve as an officer or member of the Capitol Police.
(b) Exemption of Recruitment Officers.--No payment may be made
under subsection (a) to any officer, member, or civilian employee who
carries out recruiting activities for the Capitol Police as part of the
individual's official responsibilities.
(c) Timing.--No payment may be made under subsection (a) with
respect to an individual recruited to serve as an officer or member of
the Capitol Police until the individual completes the training required
for new officers or members and is sworn in as an officer or member.
SEC. 9. DEPOSIT OF CERTAIN FUNDS RELATING TO THE CAPITOL POLICE.
(a) In General.--
(1) Disposal of property.--Any funds from the proceeds of
the disposal of property of the Capitol Police shall be
deposited in the United States Treasury for credit to the
appropriation for ``general expenses'' under the heading
``Capitol Police Board'', or ``security enhancements'' under
the heading ``Capitol Police Board''.
(2) Compensation.--Any funds for compensation for damage
to, or loss of, property of the Capitol Police, including any
insurance payment or payment made by an officer or civilian
employee of the Capitol Police for such compensation, shall be
deposited in the United States Treasury for credit to the
appropriation for ``general expenses'' under the heading
``Capitol Police Board''.
(3) Reimbursement for services provided to governments.--
Any funds from reimbursement made by another entity of the
Federal government or by any State or local government for
assistance provided by the Capitol Police shall be deposited in
the United States Treasury for credit to the appropriation for
``general expenses'' under the heading ``Capitol Police
Board''.
(b) Expenditures.--Funds deposited under subsection (a) may be
expended by the Capitol Police Board for any authorized purpose
(subject to the approval of the Committee on House Administration of
the House of Representatives and the Committee on Rules and
Administration of the Senate) and shall remain available until
expended.
(c) Effective Date.--This section shall apply with respect to
fiscal year 2003 and each succeeding fiscal year.
SEC. 10. INCREASE IN NUMBER OF AUTHORIZED POSITIONS.
Effective with respect to fiscal year 2002 and each fiscal year
thereafter, the total number of full-time equivalent positions of the
United States Capitol Police (including positions for members of the
Capitol Police and civilian employees) may not exceed 1,981 positions.
SEC. 11. DISPOSAL OF FIREARMS.
The disposal of firearms by officers and members of the United
States Capitol Police shall be carried out in accordance with
regulations promulgated by the Capitol Police Board and approved by the
Committee on Rules and Administration of the Senate and the Committee
on House Administration of the House of Representatives.
SEC. 12. USE OF VEHICLES TO TRANSPORT POLICE DOGS.
Notwithstanding any other provision of law, an officer of the
United States Capitol Police who works with a police dog and who is
responsible for the care of the dog during non-working hours may use an
official Capitol Police vehicle when the officer is accompanied by the
dog to travel between the officer's residence and duty station and to
otherwise carry out official duties.
SEC. 13. SENSE OF CONGRESS ON MANAGEMENT OF CAPITOL POLICE.
It is the sense of Congress that, to the greatest extent possible
consistent with the mission of the Capitol Police, the chief of the
Capitol Police should seek to deploy the human and other resources of
the Police in a manner maximizing opportunities for individual officers
to be trained for, and to acquire and maintain proficiency in, all
aspects of the Police's responsibilities, and to rotate regularly among
different posts and duties, in order to utilize fully the skills and
talents of officers, enhance the appeal of their work, and ensure the
highest state of readiness.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2003 and
each succeeding fiscal year such sums as may be necessary to carry out
this Act and the amendments made by this Act.
SEC. 15. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall apply with respect to pay periods occurring during
fiscal year 2003 and each succeeding fiscal year.
Passed the House of Representatives June 26, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | Capitol Police Retention, Recruitment, and Authorization Act of 2002 - (Sec. 2) Requires the Capitol Police Board to increase by five percent the annual rate of basic compensation for officers and members of the Capitol Police, except that for officers above the rank of captain the increase shall be made at a rate determined by the Board at its discretion (but not to exceed five percent).(Sec. 3) Authorizes the Board to compensate newly appointed officers, members, and employees at an annual rate exceeding the lowest rate of compensation otherwise applicable, up to the maximum annual rate of basic compensation otherwise applicable.(Sec. 4) Amends the Emergency Supplemental Act, 2002 to provide additional compensation for each Capitol Police officer assigned to another specialty assignment designated by the Chief of the Capitol Police.(Sec. 5) Requires limits on the amount of premium pay which may be earned by officers and members during emergencies (as determined by the Board) to be applied by the Board on an annual and not pay period basis. Makes such application retrospective to hours of duty occurring on or after September 11, 2001.(Sec. 6) Requires the Board to provide that if an officer or member completes three years of employment with the Capitol Police (taking into account any period occurring before, on, or after this Act's enactment) he or she shall receive eight hours of annual leave per pay period.(Sec. 7) Requires the Board, under certain conditions, to establish a tuition reimbursement program to assist officers and members in higher education costs relating to law-enforcement.Limits such reimbursement to $3,000 yearly. Authorizes the Board to pay a one-time bonus of up to $500 to each participant upon completion of the course of study involved.(Sec. 8) Allows the Board to make a one-time bonus payment in an amount not to exceed $500 to any officer, member, or civilian employee who recruits a new officer or member. Excludes from such bonus officers, members, or civilian employees who carry out recruiting activities as part of their official responsibilities. Prohibits disbursement of such bonus until the recruited individual completes the required training.(Sec. 9) Requires deposit into specified Capitol Police appropriation accounts of any funds: (1) from the proceeds of disposal of property; (2) for compensation for damage to, or loss of, property of the Capitol Police, including any insurance payment or payment made by an Capitol Police officer or civilian employee for such compensation; and (3) from reimbursement made by another entity of the Federal government or by a State or local government for assistance provided by the Capitol Police.(Sec. 10) Limits the total number of full-time equivalent positions of the U.S. Capitol Police (including members and civilian employees) to 1,981.(Sec. 11) Requires the disposal of firearms by officers and members to be carried out in accordance with regulations promulgated by the Board and approved by specified congressional committees.(Sec. 12) Authorizes an officer who works with a police dog and is responsible for its care during non-working hours to use an official Capitol Police vehicle when the officer is accompanied by the dog to travel between the officer's residence and duty station and to otherwise carry out official duties.(Sec. 13) Expresses the sense of Congress that, to the greatest extent possible consistent with the mission of the Capitol Police, the Chief should seek to deploy the Police's human and other resources in a manner maximizing opportunities for individual officers: (1) to be trained for, and to acquire and maintain proficiency in, all aspects of the Police's responsibilities; and (2) to rotate regularly among different posts and duties, in order to utilize fully the skills and talents of officers, enhance the appeal of their work, and ensure the highest state of readiness.(Sec. 14) Authorizes appropriations. | To direct the Capitol Police Board to take steps to promote the retention of current officers and members of the Capitol Police and the recruitment of new officers and members of the Capitol Police, and for other purposes. |
SECTION 1. ANNUAL REPORT BY SECRETARY OF THE TREASURY.
(a) In General.--Not later than March 1 of each year, the Secretary
of the Treasury shall submit to the Congress a report that identifies
each country that is a country of concern because the government of
that country is not complying with the requirements of the
International Convention for the Suppression of the Financing of
Terrorism, regardless of whether the country is a State party to the
Convention. The report shall include the information on which the
Secretary relied in determining whether or not each country is such a
country of concern. The report shall also include the efforts made by
the United States to provide to that government technical assistance to
comply with such requirements.
(b) Application.--For purposes of subsection (a), paragraph 1(a) of
article 2 of the Convention shall be applied to a country as if that
country were a party to each of the treaties listed in the annex to the
Convention.
SEC. 2. WITHHOLDING OF ASSISTANCE; WITHHOLDING OF ACCESS TO FINANCIAL
INSTITUTIONS; SPECIAL MEASURES.
(a) Withholding of Bilateral Assistance; Opposition to Multilateral
Development Assistance; Special Measures.--
(1) Bilateral assistance.--Fifty percent of the United
States assistance allocated each fiscal year in the report
required by section 653 of the Foreign Assistance Act of 1961
for each country of concern listed in the report submitted to
Congress under section 1 shall be withheld from obligation and
expenditure, except as provided in subsection (c).
(2) Multilateral assistance.--The Secretary of the Treasury
shall instruct the United States Executive Director of each
multilateral development bank to vote, on and after March 1 of
each year, against any loan or other utilization of the funds
of their respective institution to or for any country of
concern listed in the report submitted under section 1(a),
except as provided in subsection (c). For purposes of this
paragraph, the term ``multilateral development bank'' means the
International Bank for Reconstruction and Development, the
International Development Association, the Inter-American
Development Bank, the Asian Development Bank, the African
Development Bank, and the European Bank for Reconstruction and
Development.
(3) Special measures.--Except as provided in subsection
(c), the Secretary of the Treasury may require domestic
financial agencies to take 1 or more of the special measures
described in section 5318A(c) of title 31, United States Code,
with respect to a country of concern identified in the most
recent report submitted under section 1(a), including financial
institutions operating outside the United States engaging in
financial transactions in that country with nationals or
entities of that country, to the same extent as if such country
or financial institution were of primary money laundering
concern under such section 5318A.
(b) Certification Procedures.--
(1) What must be certified.--Subject to subsection (c), the
assistance withheld from a country pursuant to subsection
(a)(1) may be obligated and expended, the requirement of
subsection (a)(2) to vote against multilateral development bank
assistance to a country shall not apply, and subsection (a)(3)
shall not apply, if the Secretary of the Treasury determines
and certifies to the Congress, at the time of the submission of
the report required by section 1(a), that--
(A) during the previous year--
(i) the United States offered technical
assistance to the country to assist the country
in complying with the requirements of the
Convention; and
(ii) the country has taken adequate steps
to comply with the requirements of the
Convention and to cooperate fully with the
United States in efforts to comply with such
requirements, including by--
(I) establishing laws and
regulations to prohibit offenses under
the Convention and enforcing those laws
and regulations;
(II) identifying and freezing or
seizing assets used in the commission
of offenses referred to in subclause
(I);
(III) investigating, prosecuting,
or extraditing persons committing, or
suspected of committing, any such
offense; and
(IV) regulating and monitoring
public an private charitable entitie,
transmissions of funds, formal and
informal financial systems and
institutions such as banks, financial
markets, the insurance sector,
financial and high-value commodity
markets, and remittance services, for
purposes of identifying persons
committing any such offense; or
(B) for a country that would not otherwise qualify
for certification under subparagraph (A), the vital
national security interests of the United States
require that the assistance withheld pursuant to
subsection (a)(1) be provided, that the United States
not vote against multilateral development bank
assistance for that country pursuant to subsection
(a)(2), and that subsection (a)(3) not apply to that
country, except that any such determination shall not
take effect until at least 15 days after the Secretary
of the Treasury submits written notification of that
determination to the appropriate congressional
committees in accordance with the procedures applicable
to reprogramming notifications under section 634A of
the Foreign Assistance Act of 1961.
(2) Information to be included in national interest
certification.--If the President makes a certification with
respect to a country pursuant to paragraph (1)(B), the
President shall include in such certification--
(A) a full and complete description of the vital
national security interests placed at risk if United
States bilateral assistance to that country is
terminated pursuant to this section, multilateral
development bank assistance is not provided to such
country, and special measures are imposed under
subsection (a)(3) with respect to that country; and
(B) a statement weighing the risk described in
subparagraph (A) against the risks posed to the vital
national security interests of the United States by the
failure of such country to meet the requirements of
paragraph (1)(A).
(c) Congressional Review.--Subsection (d) shall apply if, within 30
calendar days after receipt of a certification submitted under
subsection (b) at the time of submission of the report required by
section 1(a), the Congress enacts a joint resolution disapproving the
determination of the President contained in such certification.
(d) Consequences for Countries Decertified.--If the Secretary of
the Treasury does not make a certification under subsection (b) with
respect to a country or the Congress enacts a joint resolution
disapproving such certification, then until such time as the conditions
specified in subsection (e) are satisfied--
(1) funds may not be obligated for United States assistance
for that country, and funds previously obligated for United
States assistance for that country may not be expended for the
purpose of providing assistance for that country;
(2) the requirement to vote against multilateral
development bank assistance pursuant to subsection (a)(2) shall
apply with respect to that country, without regard to the date
specified in that subsection; and
(3) subsection (a)(3) shall apply with respect to that
country.
(e) Recertification.--Subsection (d) shall apply to a country
described in that subsection until--
(1) the Secretary of the Treasury, at the time of
submission of the report required by section 1(a), makes a
certification under subsection (b)(1)(A) or (b)(1)(B) with
respect to that country, and the Congress does not enact a
joint resolution under subsection (d) disapproving the
determination of the President contained in that certification;
or
(2) the Secretary of the Treasury, at any other time, makes
the certification described in subsection (b)(1)(B) with
respect to that country, except that this paragraph applies
only if either--
(A) the Secretary also certifies that--
(i) that country has undergone a
fundamental change in government; or
(ii) there has been a fundamental change in
the conditions that were the reason--
(I) why the Secretary had not made
a certification with respect to that
country under subsection (b)(1)(A); or
(II) if the Secretary had made such
a certification and the Congress
enacted a joint resolution disapproving
the determination contained in the
certification, why the Congress enacted
that joint resolution; or
(B) the Congress enacts a joint resolution
approving the determination contained in the
certification under subsection (b)(1)(B).
Any certification under subparagraph (A) of paragraph (2) shall discuss
the justification for the certification.
(f) Senate Procedures.--Any joint resolution under this section
shall be considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and Arms Export
Control Act of 1976.
SEC. 3. DEFINITIONS.
In this Act:
(1) Convention.--The term ``Convention'' means the
International Convention for the Suppression of the Financing
of Terrorism.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury. | Directs the Secretary of the Treasury to identify and report annually on each country that is a country of concern because its government is not complying with the International Convention for the Suppression of the Financing of Terrorism, regardless of whether the country is a party to the Convention.
Requires with respect to such a country: (1) withholding of 50 percent of bilateral assistance; and (2) withholding of access to financial institution multilateral assistance.
Authorizes the Secretary to require domestic financial institutions to take special measures with respect to a country of concern, including financial institutions operating outside the United States engaging in financial transactions in such country to the same extent as if such country or financial institution were of primary money laundering concern.
Exempts a country from such prohibitions if the President certifies to Congress that: (1) during the previous year the country has cooperated fully with the United States or has taken adequate steps to terminate financial support for terrorism; or (2) for a country that would not otherwise qualify for such certification, vital U.S. national interests apply. | To require that certain measures be taken with respect to countries of concern regarding terrorist financing. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marriage and Religious Freedom
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Leading legal scholars concur that conflicts between
same-sex marriage and religious liberty are real and should be
legislatively addressed.
(2) As the President stated in response to the decision of
the Supreme Court on the Defense of Marriage Act in 2013,
``Americans hold a wide range of views'' on the issue of same-
sex marriage, and ``maintaining our Nation's commitment to
religious freedom'' is ``vital''.
(3) Protecting religious freedom from Government intrusion
is a Government interest of the highest order. Legislatively
enacted measures advance this interest by remedying, deterring,
and preventing Government interference with religious exercise
in a way that complements the protections mandated by the First
Amendment to the Constitution of the United States.
(4) Laws that protect the free exercise of religious
beliefs about marriage will encourage private citizens and
institutions to demonstrate similar tolerance and therefore
contribute to a more respectful, diverse, and peaceful society.
SEC. 3. PROTECTION OF THE FREE EXERCISE OF RELIGIOUS BELIEFS.
(a) In General.--Notwithstanding any other law to the contrary, the
Federal Government shall not take an adverse action against a person,
wholly or partially on the basis that such person acts in accordance
with a religious belief that marriage is or should be recognized as the
union of one man and one woman, or that sexual relations are properly
reserved to such a marriage.
(b) Adverse Action Defined.--As used in subsection (a), an adverse
action means any action taken by the Federal Government to--
(1) deny or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of the person who
is acting in accordance with the religious belief referred to
in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, such
person or such person's employees with respect to any benefit
provided or not provided by such person to such person's
employees, wholly or partially on the basis that the benefit is
provided or not provided on account of a religious belief
referred to in subsection (a);
(4) deem any employee benefit plan covering employees of
such person to have lost its status as a ``qualified plan''
under section 401(a) of the Internal Revenue Code of 1986, or
to be in violation of any part of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1001 et seq.), wholly or
partially on the basis that the benefit plan fails to provide a
benefit, right, or feature on account of such person's
religious belief referred to in subsection (a);
(5) deny or exclude such person from receiving any Federal
grant, contract, cooperative agreement, loan, license,
certification, accreditation, employment, or other similar
position or status;
(6) deny or withhold from such person any benefit under a
Federal benefit program; or
(7) otherwise discriminate against such person.
SEC. 4. JUDICIAL RELIEF.
(a) Cause of Action.--A person may assert an actual or threatened
violation of this Act as a claim or defense in a judicial proceeding
and obtain compensatory damages, injunctive relief, declaratory relief,
or any other appropriate relief against the Federal Government.
Standing to assert a claim or defense under this section shall be
governed by the general rules of standing under Article III of the
Constitution.
(b) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended by inserting ``the Marriage and Religious
Freedom Act,'' after ``the Religious Land Use and Institutionalized
Persons Act of 2000,''.
(c) Authority of United States To Enforce This Act.--The Attorney
General may bring an action for injunctive or declaratory relief
against an independent establishment described in section 104(1) of
title 5, United States Code, or an officer or employee of that
independent establishment, to enforce compliance with this Act. Nothing
in this subsection shall be construed to deny, impair, or otherwise
affect any right or authority of the Attorney General, the United
States, or any agency, officer, or employee of the United States,
acting under any law other than this subsection, to institute or
intervene in any proceeding.
SEC. 5. RULES OF CONSTRUCTION.
(a) Broad Construction.--This Act shall be construed in favor of a
broad protection of religious beliefs described in section 3, to the
maximum extent permitted by the terms of this Act and the Constitution.
(b) No Preemption, Repeal, or Narrow Construction.--Nothing in this
Act shall be construed to preempt State law, or repeal Federal law,
that is equally as protective of religious beliefs as, or more
protective of religious beliefs than, this Act. Nothing in this Act
shall be considered to narrow the meaning or application of any other
State or Federal law protecting religious beliefs.
(c) Severability.--If any provision of this Act or any application
of such provision to any person or circumstance is held to be
unconstitutional, the remainder of this Act and the application of the
provision to any other person or circumstance shall not be affected.
SEC. 6. DEFINITIONS.
In this Act:
(1) Federal benefit program.--The term ``Federal benefit
program'' has the meaning given that term in section 552a of
title 5, United States Code.
(2) Federal government.--The term ``Federal Government''
includes each authority of any branch of the Government of the
United States.
(3) Person.--The term ``person'' means a person as defined
in section 1 of title 1, United States Code, and includes any
such person regardless of religious affiliation or lack
thereof, and regardless of for-profit or nonprofit status. | Marriage and Religious Freedom Act - Prohibits the federal government from taking an adverse action against a person on the basis that such person acts in accordance with a religious belief that: (1) marriage is or should be recognized as the union of one man and one woman, or (2) sexual relations are properly reserved to such a marriage. Defines "adverse action" as any federal government action to discriminate against a person who is acting in accordance with such religious belief, including a federal government action to: deny or revoke certain tax exemptions or disallow a deduction of any charitable contribution made to or by such person; alter the federal tax treatment of, or cause any tax, penalty, or payment to be assessed against, such person or such person's employees with respect to any employee benefit provided or not provided by such person; deem an employee benefit plan covering employees of such person to have lost its status as a qualified plan under the Internal Revenue Code, or to be in violation of the Employee Retirement Income Security Act of 1974, because the plan fails to provide a benefit, right, or feature on account of such person's religious belief; deny or exclude such person from receiving any federal grant, contract, cooperative agreement, loan, license, certification, accreditation, employment, or similar position or status; or deny or withhold any benefit under a federal benefit program. Permits a person to assert an actual or threatened violation of this Act as a claim or defense in a judicial proceeding and to obtain compensatory damages or other appropriate relief against the federal government. Authorizes the Attorney General (DOJ) to bring actions against certain independent establishments of the executive branch (certain establishments in the executive branch, other than the U.S. Postal Service [USPS] and the Postal Regulatory Commission, that are not executive departments, military departments, or government corporations) to enforce this Act. Specifies that the term "person" includes any person regardless of religious affiliation, as well as corporations and other entities regardless of for-profit or nonprofit status. | Marriage and Religious Freedom Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arthritis Prevention, Control, and
Cure Act of 2010''.
SEC. 2. ENHANCING PUBLIC HEALTH ACTIVITIES RELATED TO ARTHRITIS THROUGH
THE NATIONAL ARTHRITIS ACTION PLAN.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 314 the following:
``SEC. 315. NATIONAL ARTHRITIS ACTION PLAN.
``(a) Establishment of Plan.--The Secretary may develop and
implement a National Arthritis Action Plan (in this section referred to
as the `Plan') consistent with this section.
``(b) Control, Prevention, and Surveillance.--
``(1) In general.--Under the Plan, the Secretary may,
directly or through competitive grants to eligible entities,
conduct, support, and promote the coordination of research,
investigations, demonstrations, training, and studies relating
to the control, prevention, and surveillance of arthritis and
other rheumatic diseases.
``(2) Training and technical assistance.--
``(A) Provision.--Upon the request of an applicant
receiving a grant under paragraph (1), the Secretary
may, subject to subparagraph (B), provide training,
technical assistance, supplies, equipment, or services
for the purpose of aiding the applicant in carrying out
grant activities and, for such purpose, may detail to
the applicant any officer or employee of the Department
of Health and Human Services.
``(B) Corresponding reduction in payments.--With
respect to a request described in subparagraph (A), the
Secretary shall reduce the amount of payments under the
grant under paragraph (1) to the applicant involved by
an amount equal to the costs of detailing personnel
(including pay, allowances, and travel expenses) and
the fair market value of any supplies, equipment, or
services provided by the Secretary.
``(3) Arthritis prevention research at the centers for
disease control and prevention.--The Secretary may provide
additional grant support under this subsection to encourage the
expansion of research related to the prevention and management
of arthritis at the Centers for Disease Control and Prevention.
``(4) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means a public or private nonprofit
entity that demonstrates to the satisfaction of the Secretary,
in the application described in subsection (e), the ability of
the entity to carry out the activities described in paragraph
(1).
``(c) Education and Outreach.--
``(1) In general.--Under the Plan, the Secretary may
coordinate and carry out national education and outreach
activities, directly or through the provision of grants to
eligible entities, to support, develop, and implement education
initiatives and outreach strategies appropriate for arthritis
and other rheumatic diseases.
``(2) Initiatives and strategies.--Initiatives and
strategies implemented under paragraph (1) may include public
awareness campaigns, public service announcements, and
community partnership workshops, as well as programs targeted
to businesses and employers, managed care organizations, and
health care providers.
``(3) Priority.--In carrying out paragraph (1), the
Secretary--
``(A) may emphasize prevention, early diagnosis,
and appropriate management of arthritis, and
opportunities for effective patient self-management;
and
``(B) may give priority to reaching high-risk or
underserved populations.
``(4) Collaboration.--In carrying out this subsection, the
Secretary shall consult and collaborate with stakeholders from
the public, private, and nonprofit sectors with expertise
relating to arthritis control, prevention, and treatment.
``(5) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means a public or private nonprofit
entity that demonstrates to the satisfaction of the Secretary,
in the application described in subsection (e), the ability of
the entity to carry out the activities described in paragraph
(1).
``(d) Comprehensive State Grants.--
``(1) In general.--Under the Plan, the Secretary may award
grants to eligible entities to provide support for
comprehensive arthritis control and prevention programs and to
enable such entities to provide public health surveillance,
prevention, and control activities related to arthritis and
other rheumatic diseases.
``(2) Application.--The Secretary may only award a grant
under this subsection to an eligible entity that submits to the
Secretary an application at such time, in such manner, and
containing such agreements, assurances, and information as the
Secretary may require, including a comprehensive arthritis
control and prevention plan that--
``(A) is developed with the advice of stakeholders
from the public, private, and nonprofit sectors that
have expertise relating to arthritis control,
prevention, and treatment that increase the quality of
life and decrease the level of disability;
``(B) is intended to reduce the morbidity of
arthritis, with priority on preventing and controlling
arthritis in at-risk populations and reducing
disparities in arthritis prevention, diagnosis,
management, and quality of care in underserved
populations;
``(C) describes the arthritis-related services and
activities to be undertaken or supported by the entity;
and
``(D) demonstrates the relationship the entity has
with the community and local entities and how the
entity plans to involve such community and local
entities in carrying out the activities described in
paragraph (1).
``(3) Use of funds.--An eligible entity may use amounts
received under a grant awarded under this subsection to
conduct, in a manner consistent with the comprehensive
arthritis control and prevention plan submitted by the entity
in the application under paragraph (2)--
``(A) public health surveillance and
epidemiological activities relating to the prevalence
of arthritis and assessment of disparities in arthritis
prevention, diagnosis, management, and care;
``(B) public information and education programs;
and
``(C) education, training, and clinical skills
improvement activities for health professionals,
including allied health personnel.
``(4) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means a State or an Indian tribe.
``(e) General Application.--The Secretary may only award a grant
under subsection (b) or (c) to an entity that submits to the Secretary
an application at such time, in such manner, and containing such
agreements, assurances, and information as the Secretary may require,
including a description of how funds received under a grant awarded
under such subsection will supplement or fulfill unmet needs identified
in a comprehensive arthritis control and prevention plan of the entity.
``(f) Definitions.--For purposes of this section:
``(1) Indian tribe.--The term `Indian tribe' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act.
``(2) State.--The term `State' means any of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam, and the Northern Mariana
Islands.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) for fiscal year 2012, $14,600,000;
``(2) for fiscal year 2013, $16,000,000;
``(3) for fiscal year 2014, $17,700,000;
``(4) for fiscal year 2015, $19,400,000; and
``(5) for fiscal year 2016, $21,400,000.''.
SEC. 3. ACTIVITIES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES WITH
RESPECT TO JUVENILE ARTHRITIS AND RELATED CONDITIONS.
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. JUVENILE ARTHRITIS AND RELATED CONDITIONS.
``(a) In General.--The Secretary, in coordination with the Director
of NIH, may expand and intensify programs of the National Institutes of
Health with respect to research and related activities designed to
improve the outcomes and quality of life for children with arthritis
and other rheumatic diseases.
``(b) Coordination.--The Director of NIH may coordinate the
programs referred to in subsection (a) and consult with additional
Federal officials, voluntary health associations, medical professional
societies, and private entities, as appropriate.''.
SEC. 4. INVESTMENT IN TOMORROW'S PEDIATRIC RHEUMATOLOGISTS.
Subpart I of part C of title VII of the Public Health Service Act
(42 U.S.C. 293k et seq.) is amended by adding at the end the following:
``SEC. 749A-1. PEDIATRIC RHEUMATOLOGISTS.
``In order to ensure an adequate future supply of pediatric
rheumatologists, the Secretary, in consultation with the Administrator
of the Health Resources and Services Administration, may award
institutional training grants to institutions to support pediatric
rheumatology training.''.
Passed the House of Representatives September 30
(legislative day September 29), 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Arthritis Prevention, Control, and Cure Act of 2010 - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to develop and implement a National Arthritis Action Plan.
Authorizes the Secretary, directly or through competitive grants, to conduct, support, and promote the coordination of research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases. Permits the Secretary, upon request of a grantee, to provide training, technical assistance, supplies, equipment, or services or detail any officer or employee of the Department of Health and Human Services (HHS) to aid the grantee in carrying out grant activities. Requires the Secretary to reduce the amount of payments under the grant by an amount equal to the costs of detailing personnel and the fair market value of any supplies, equipment, or services provided by the Secretary.
Authorizes the Secretary to provide additional grant support to encourage the expansion of research related to the prevention and management of arthritis at the Centers for Disease Control and Prevention (CDC).
Authorizes the Secretary to coordinate and carry out national education and outreach activities for arthritis and other rheumatic diseases, which may include public awareness campaigns, public service announcements, and community partnership workshops. Authorizes the Secretary to: (1) emphasize prevention, early diagnosis, and appropriate management of arthritis and opportunities for effective patient self-management; and (2) give priority to reaching high-risk or underserved populations.
Authorizes the Secretary to award grants to a state or Indian tribe to provide support for comprehensive arthritis control and prevention programs and to enable such state or Indian tribe to provide public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases.
Authorizes appropriations for FY2012-FY2016.
(Sec. 3) Authorizes the Secretary to expand and intensify programs of the National Institutes of Health (NIH) with respect to research and related activities designed to improve the outcomes and quality of life for children with arthritis and other rheumatic diseases.
(Sec. 4) Authorizes the Secretary to award institutional training grants to institutions to support pediatric rheumatology training to ensure an adequate future supply of pediatric rheumatologists. | To amend the Public Health Service Act to provide for arthritis research and public health, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independence Hall Commemorative Coin
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) for 150 years, the historic buildings in Philadelphia,
Pennsylvania, known as Congress Hall, the Old City Hall, and
Independence Hall which housed the Liberty Bell, the symbol of
the heritage of free people in the United States, were under
the occasional care of local government units;
(2) the Federal Government decided that it was its
responsibility to preserve and maintain these sites and others
related to it for generations of Americans alive and yet to be
born;
(3) the recent years of financial exigency and growth of
the responsibility and sphere of service of the National Park
Service has prevented the ability to provide current capital
needs for these historic sites;
(4) in 1994, the people of the United States will mark the
anniversary of the adoption of the National Park Service of the
responsibility for the care and maintenance of Independence
Hall, the Liberty Bell, and other historic buildings which were
the birthplace of the United States of America; and
(5) the minting and issuance of a United States coin to
commemorate the ongoing maintenance and preservation of these
shrines is an appropriate method by which to commemorate this
action.
SEC. 3. COIN SPECIFICATIONS.
(a) Issuance.--The Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall issue not more than 1,000,000
$1 coins each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Design.--The design of the coins issued under subsection (a)
shall be emblematic of the shrines of liberty and shall show the
Liberty Bell on one side and the Independence Hall on the other. On
each coin there shall be a designation of the value of the coin, an
inscription of the year ``1994'', and inscription of the words
``Liberty'', ``In God We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(c) Numismatic Items.--The coins issued under subsection (a) shall
be numismatic items for purposes of section 5134 of title 31, United
States Code.
(d) Legal Tender.--The coins issued under subsection (a) shall be
legal tender as provided in section 5103 of title 31, United States
Code.
SEC. 4. SOURCES OF BULLION.
The Secretary shall obtain silver for the coins authorized under
section 3 from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 5. SELECTION OF DESIGN.
The design for the coins authorized by this Act shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Advisory
Committee in accordance with section 5135 of title 31, United
States Code.
SEC. 6. SALE OF COINS.
(a) In General.--Notwithstanding any other provision of law, the
coins authorized under section 3 shall be sold by the Secretary at a
price equal to the face value, plus the cost of designing and issuing
such coins (including labor, materials, dies, use of machinery, and
overhead expenses), and the surcharge provided for in subsection (d).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
authorized under section 3 at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins authorized under section 3 prior to the issuance of such
coins. Sales under this subsection shall be at a reasonable discount.
(d) Surcharges.--All sales of the coins authorized under section 3
shall include a surcharge of $7 per coin.
SEC. 7. ISSUANCE OF COINS.
(a) In General.--The coins authorized under section 3 may be issued
in uncirculated and proof qualities, except that not more than 1
facility of the United States Mint may be used to strike any particular
quality.
(b) Commencement of Issuance.--The Secretary may issue the coins
authorized under section 3 beginning on July 4, 1994.
(c) Period of Authority.--Coins authorized under section 3 may be
minted beginning 30 days after the date of enactment of this Act and
for a period of not more than 1 year after such date.
SEC. 8. GENERAL WAIVER OF PROCUREMENT RELATIONS.
(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 or services required to carry out 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. 9. DISTRIBUTION OF SURCHARGES.
Of the total surcharges received by the Secretary from the sale of
coins in accordance with section 6 of this Act--
(1) 50 percent shall be returned to the Federal Treasury
for the purpose of reducing the national debt; and
(2) 50 percent shall be promptly paid by the Secretary to
the Independence Hall Preservation Fund for the purposes of--
(A) creating an endowment fund moneys from which
shall be used to meet the needs for capital
improvements in Independence National Historic Park;
(B) funding projects of capital replacement in
buildings in Independence National Historic Park; and
(C) funding those needs deemed appropriate by the
Directors of the fund to foster and increase the
respect and admiration of visitors to Independence
National Historic Park.
SEC. 10. AUDITS.
The Comptroller General of the United States shall have the right
to examine such books, records, documents, and other data of the
Independence Hall Preservation Fund as may be related to the
expenditure of amounts paid under section 9.
SEC. 11. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that the minting and issuance of
the coins referred to in section 3 will not result in any net cost to
the Federal Government.
(b) Payment for Issuance of Coins.--No coin shall be issued under
this Act unless the Secretary has received--
(1) full payment for such coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment for such coin; 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. | Independence Hall Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar coins emblematic of the shrines of liberty, showing the Liberty Bell on one side and the Independence Hall on the other.
Mandates that surcharges from the sale of coins be distributed equally between the Treasury and the Independence Hall Preservation Fund. | Independence Hall Commemorative Coin Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Infants Act of
2015''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Opioid prescription rates have risen dramatically over
the past several years. According to the Centers for Disease
Control and Prevention, in some States, there are as many as 96
to 143 prescriptions for opioids per 100 adults per year.
(2) In recent years, there has been a steady rise in the
number of overdose deaths involving heroin. According to the
Centers for Disease Control and Prevention, the death rate for
heroin overdose doubled from 2010 to 2012.
(3) At the same time, there has been an increase in cases
of neonatal abstinence syndrome (referred to in this section as
``NAS''). In the United States, the incidence of NAS has risen
from 1.20 per 1,000 hospital births in 2000 to 3.39 per 1,000
hospital births in 2009.
(4) NAS refers to medical issues associated with drug
withdrawal in newborns due to exposure to opioids or other
drugs in utero.
(5) The average cost of treatment in a hospital for NAS
increased from $39,400 in 2000 to $53,400 in 2009. Most of
these costs are born by the Medicaid program.
(6) Preventing opioid abuse among pregnant women and women
of childbearing age is crucial.
(7) Medically appropriate opioid use in pregnancy is not
uncommon, and opioids are often the safest and most appropriate
treatment for moderate to severe pain for pregnant women.
(8) Addressing NAS effectively requires a focus on women of
childbearing age, pregnant women, and infants from
preconception through early childhood.
(9) NAS can result from the use of prescription drugs as
prescribed for medical reasons, from the abuse of prescription
drugs, or from the use of illegal opioids like heroin.
(10) For pregnant women who are abusing opioids, it is most
appropriate to treat and manage maternal substance use in a
non-punitive manner.
(11) According to a report of the Government Accountability
Office (referred to in this section as the ``GAO report''),
more research is needed to optimize the identification and
treatment of babies with NAS and to better understand long-term
impacts on children.
(12) According to the GAO report, the Department of Health
and Human Services does not have a focal point to lead planning
and coordinating efforts to address prenatal opioid use and NAS
across the department.
(13) According to the GAO report, ``given the increasing
use of heroin and abuse of opioids prescribed for pain
management, as well as the increased rate of NAS in the United
States, it is important to improve the efficiency and
effectiveness of planning and coordination of Federal efforts
on prenatal opioid use and NAS''.
SEC. 3. DEVELOPING RECOMMENDATIONS FOR PREVENTING AND TREATING PRENATAL
OPIOID ABUSE AND NEONATAL ABSTINENCE SYNDROME.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), acting through the
Director of the Agency for Healthcare Research and Quality (referred to
in this section as the ``Director''), shall conduct a study and develop
recommendations for preventing and treating prenatal opioid abuse and
neonatal abstinence syndrome, soliciting input from nongovernmental
entities, including organizations representing patients, health care
providers, hospitals, other treatment facilities, and other entities,
as appropriate.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Director shall publish on the Internet Web site of the
Agency for Healthcare Research and Quality a report on the study and
recommendations under subsection (a). Such report shall address each of
the issues described in paragraphs (1) through (3) of subsection (c).
(c) Contents.--The study described in subsection (a) and the report
under subsection (b) shall include--
(1) a comprehensive assessment of existing research with
respect to the prevention, identification, treatment, and long-
term outcomes of neonatal abstinence syndrome, including the
identification and treatment of pregnant women or women who may
become pregnant who use opioids or other drugs;
(2) an evaluation of--
(A) the causes of and risk factors for opioid use
disorders among women of reproductive age, including
pregnant women;
(B) the barriers to identifying and treating opioid
use disorders among women of reproductive age,
including pregnant and postpartum women and women with
young children;
(C) current practices in the health care system to
respond to and treat pregnant women with opioid use
disorders and infants born with neonatal abstinence
syndrome;
(D) medically indicated use of opioids during
pregnancy;
(E) access to treatment for opioid use disorders in
pregnant and postpartum women; and
(F) access to treatment for infants with neonatal
abstinence syndrome; and
(3) recommendations on--
(A) preventing, identifying, and treating neonatal
abstinence syndrome in infants;
(B) treating pregnant women who are dependent on
opioids; and
(C) preventing opioid dependence among women of
reproductive age, including pregnant women, who may be
at risk of developing opioid dependence.
SEC. 4. IMPROVING PREVENTION AND TREATMENT FOR PRENATAL OPIOID ABUSE
AND NEONATAL ABSTINENCE SYNDROME.
(a) Review of Programs.--The Secretary shall lead a review of
planning and coordination within the Department of Health and Human
Services related to prenatal opioid use and neonatal abstinence
syndrome.
(b) Strategy To Close Gaps in Research and Programming.--In
carrying out subsection (a), the Secretary shall develop a strategy to
address research and program gaps, including such gaps identified in
findings made by reports of the Government Accountability Office. Such
strategy shall address--
(1) gaps in research, including with respect to--
(A) the most appropriate treatment of pregnant
women with opioid use disorders;
(B) the most appropriate treatment and management
of infants with neonatal abstinence syndrome; and
(C) the long-term effects of prenatal opioid
exposure on children; and
(2) gaps in programs, including--
(A) the availability of treatment programs for
pregnant and postpartum women and for newborns with
neonatal abstinence syndrome; and
(B) guidance and coordination in Federal efforts to
address prenatal opioid use or neonatal abstinence
syndrome.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report on the
findings of the review described in subsection (a) and the strategy
developed under subsection (b).
SEC. 5. IMPROVING DATA ON AND PUBLIC HEALTH RESPONSE TO NEONATAL
ABSTINENCE SYNDROME.
(a) Data and Surveillance.--The Director of the Centers for Disease
Control and Prevention shall, as appropriate--
(1) provide technical assistance to States to improve the
availability and quality of data collection and surveillance
activities regarding neonatal abstinence syndrome, including--
(A) the incidence and prevalence of neonatal
abstinence syndrome;
(B) the identification of causes for neonatal
abstinence syndrome, including new and emerging trends;
and
(C) the demographics and other relevant information
associated with neonatal abstinence syndrome;
(2) collect available surveillance data described in
paragraph (1) from States, as applicable; and
(3) make surveillance data collected pursuant to paragraph
(2) publically available on an appropriate Internet Web site.
(b) Public Health Response.--The Director of the Centers for
Disease Control and Prevention shall encourage increased utilization of
effective public health measures to reduce neonatal abstinence
syndrome.
Passed the House of Representatives September 8, 2015.
Attest:
KAREN L. HAAS,
Clerk. | . Protecting Our Infants Act of 2015 (Sec. 3) This bill requires the Agency for Healthcare Research and Quality to report on prenatal opioid abuse and neonatal abstinence syndrome (symptoms of withdrawal in a newborn). (An opioid is a drug with effects similar to opium, such as heroin or certain pain medications.) The report must include: an assessment of existing research on neonatal abstinence syndrome; an evaluation of the causes, and barriers to treatment, of opioid use disorders among women of reproductive age; an evaluation of treatment for pregnant women with opioid use disorders and infants with neonatal abstinence syndrome; and recommendations on preventing, identifying, and treating opioid dependency in women and neonatal abstinence syndrome. (Sec. 4) The Department of Health and Human Services must review its activities related to prenatal opioid use and neonatal abstinence syndrome and develop a strategy to address gaps in research and programs. (Sec. 5) The Centers for Disease Control and Prevention must provide technical assistance to states to improve neonatal abstinence syndrome surveillance and make surveillance data publicly available. | Protecting Our Infants Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Johnson-O'Malley Supplemental Indian
Education Program Modernization Act''.
SEC. 2. JOHNSON-O'MALLEY SUPPLEMENTAL INDIAN EDUCATION PROGRAM
MODERNIZATION ACT.
The Act of April 16, 1934 (commonly known as the ``Johnson-O'Malley
Act''; 25 U.S.C. 452 et seq.), is amended by adding at the end the
following new section:
``SEC. 7. JOHNSON-O'MALLEY SUPPLEMENTAL INDIAN EDUCATION PROGRAM
MODERNIZATION ACT.
``(a) Establishment.--Notwithstanding any other provision of law,
the Secretary of the Interior, acting through the Assistant Secretary
of Indian Affairs and in conjunction with the Director of the Bureau of
Indian Education, shall establish a program to enter into contracts
with eligible entities that have or serve Indian students to provide
educational benefits to such Indian students.
``(b) Uses of Funds.--An eligible entity that enters into a
contract under subsection (a) shall use the funds available under the
contract to provide educational benefits to Indian students, by--
``(1) carrying out programs or expanding programs in
existence before the contract period that provide--
``(A) remedial instruction, counseling, and
cultural programs;
``(B) selected courses related to the academic and
professional disciplines of science, technology,
engineering, and mathematics;
``(C) important needs, such as school supplies and
items that enable recipients to participate in
curricular and extra-curricular programs; and
``(D) program activities that were available to
Indian students under contracts entered into under this
Act before October 1, 2012;
``(2) the establishment of targeted and culturally
sensitive dropout prevention activities; and
``(3) the purchase of equipment to facilitate training for
professional trade skills and intensified college preparation
programs.
``(c) Funding.--The Secretary shall transfer to the Bureau of
Indian Education the funds necessary to carry out this section.
``(d) Computation of Awards.--
``(1) Determination of total students.--Except as provided
under paragraph (2), for the purpose of computing the amount
that an eligible entity may receive under a contract entered
into under subsection (a) for any fiscal year, the Secretary
shall--
``(A) determine the number of Indian students who
were in average daily attendance in the schools of the
public school districts served by the eligible entity,
and for whom such school districts provided free public
education during the preceding school year; and
``(B) provide a minimum of $125 per Indian student
described in subparagraph (A).
``(2) Hold harmless.--In the case of an eligible entity
that has or serves eligible Indian children attending a public
school that has been afforded supplemental services under a
contract entered into under this Act on or before October 1,
1995, such eligible entity shall receive an amount under a
contract entered into under subsection (a) that is at least
equal to the amount that such eligible entity would have
received under the contract entered into under this Act on or
before October 1, 1995.
``(e) Data Use.--
``(1) In general.--For purposes of the calculation under
subsection (d)(1), the Secretary shall use data for a public
school district from not later than the fiscal year preceding
the fiscal year for which the eligible entity involved is
applying for a contract under subsection (a).
``(2) Tribal organization.--In the case of a tribal
organization that has been established by the Bureau of Indian
Affairs on or after October 1, 2012, such tribal organization,
shall, for the first year of operation of such organization, be
based on data for the public school districts served by the
organization for the fiscal year for which the organization is
applying for a contract under subsection (a).
``(f) Geographic Coverage and Enhanced Participation.--In entering
into contracts under subsection (a), the Secretary shall, to the extent
practicable, ensure full geographic coverage and the full participation
of all federally recognized tribes and school districts that have not
entered into a contract under this Act before fiscal year 2015.
``(g) Complementary Program Participants.--In entering into
contracts under subsection (a), the Secretary may give preference a
consortium of tribal organizations, to encourage as many students and
professionals as possible to benefit from the program established under
this section, including such a consortium that includes a Tribal
college or university.
``(h) Annual Report.--The Secretary shall include in the Department
of the Interior fiscal year annual budget request to Congress an annual
assessment of the program established under this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section such sums
as may be necessary.
``(j) Definitions.--
``(1) Eligible entity.--The term `eligible entity' means
a--
``(A) tribal organization;
``(B) Indian Corporation;
``(C) public school district;
``(D) State; or
``(E) a consortium of tribal organizations.
``(2) ESEA terms.--The terms `elementary school',
`secondary school', and `State' have the meanings given such
terms in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
``(3) Indian student.--The term `Indian student' means a
student who--
``(A) attends a public school district; and
``(B) is between age 3 and grade 12, and--
``(i) resides on or near an Indian
reservation;
``(ii) is an enrolled member, or at least
one-fourth or more degree of Indian blood
descendant, of a member of a federally
recognized Indian tribal government eligible
for service by the Bureau of Indian Affairs; or
``(iii) is an Alaska Native.
``(4) Public school district.--The term `public school
district' means a school district that--
``(A) serves public elementary schools or public
secondary schools; and
``(B) has established or will establish local
committees under section 5 of this Act or is using a
committee or Indian advisory school board described in
such section 5 to approve supplementary or operational
support programs beneficial to Indian students,
including the programs described in paragraphs (1)
through (3) of subsection (b).
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(6) Tribal college or university.--The term `Tribal
college or university' has the meaning given the term in
section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)(3)).
``(7) Tribal organization.--The term `Tribal organization'
means any tribe, band, or community of Indians which is subject
to the laws of the United States relating to Indian affairs or
any corporation, association, or group which is organized under
any of such laws including Indian Education Consortiums and
Tribal Colleges and Universities.''. | Johnson-O'Malley Supplemental Indian Education Program Modernization Act - Amends the Johnson-O'Malley Act to direct the Secretary of the Interior to enter into contracts with tribal organizations, Indian corporations, public school districts, or states to provide educational benefits to Indian students who attend public elementary or secondary schools. Requires contract funds to be used for: remedial instruction, counseling, and cultural programs; science, technology, engineering, and mathematics (STEM) courses; important needs, such as school supplies and items that enable students to participate in curricular and extra-curricular programs; program activities that were available to Indian students under contracts entered into under the Act before October 1, 2012; targeted and culturally sensitive dropout prevention activities; and equipment to facilitate training for professional trade skills and intensified college preparation programs. Determines the amount of funds each contractor is to receive by: (1) determining the number of Indian students who were in average daily attendance and receiving a free public education in the public schools of the school districts served by the contractor in the preceding school year, and (2) providing the contractor a minimum amount for each of those students. Authorizes the Secretary to give a contracting preference to a consortium of tribal organizations. | Johnson-O'Malley Supplemental Indian Education Program Modernization Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Bay Water Reuse Program Act of
2007''.
SEC. 2. PROJECT AUTHORIZATION.
(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. 16__. NORTH BAY WATER REUSE PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
member agency of the North Bay Water Reuse Authority of the
State located in the North San Pablo Bay watershed in--
``(A) Marin County;
``(B) Napa County;
``(C) Solano County; or
``(D) Sonoma County.
``(2) Water reclamation and reuse project.--The term `water
reclamation and reuse project' means a project carried out by
the Secretary and an eligible entity in the North San Pablo Bay
watershed relating to--
``(A) water quality improvement;
``(B) wastewater treatment;
``(C) water reclamation and reuse;
``(D) groundwater recharge and protection;
``(E) surface water augmentation; or
``(F) other related improvements.
``(3) State.--The term `State' means the State of
California.
``(b) North Bay Water Reuse Program.--
``(1) In general.--Contingent upon a finding of
feasibility, the Secretary, acting through a cooperative
agreement with the State or a subdivision of the State, is
authorized to enter into cooperative agreements with eligible
entities for the planning, design, and construction of water
reclamation and reuse facilities and recycled water conveyance
and distribution systems.
``(2) Coordination with other federal agencies.--In
carrying out this section, the Secretary and the eligible
entity shall, to the maximum extent practicable, use the design
work and environmental evaluations initiated by--
``(A) non-Federal entities; and
``(B) the Corps of Engineers in the San Pablo Bay
Watershed of the State.
``(3) Phased project.--A cooperative agreement described in
paragraph (1) shall require that the North Bay Water Reuse
Program carried out under this section shall consist of 2
phases as follows:
``(A) First phase.--During the first phase, the
Secretary and an eligible entity shall complete the
planning, design, and construction of the main
treatment and main conveyance systems.
``(B) Second phase.--During the second phase, the
Secretary and an eligible entity shall complete the
planning, design, and construction of the sub-regional
distribution systems.
``(4) Cost sharing.--
``(A) Federal share.--The Federal share of the cost
of the first phase of the project authorized by this
section shall not exceed 25 percent of the total cost
of the first phase of the project.
``(B) Form of non-federal share.--The non-Federal
share may be in the form of any in-kind services that
the Secretary determines would contribute substantially
toward the completion of the water reclamation and
reuse project, including--
``(i) reasonable costs incurred by the
eligible entity relating to the planning,
design, and construction of the water
reclamation and reuse project; and
``(ii) the acquisition costs of land
acquired for the project that is--
``(I) used for planning, design,
and construction of the water
reclamation and reuse project
facilities; and
``(II) owned by an eligible entity
and directly related to the project.
``(C) Limitation.--The Secretary shall not provide
funds for the operation and maintenance of the project
authorized by this section.
``(5) Effect.--Nothing in this section--
``(A) affects or preempts--
``(i) State water law; or
``(ii) an interstate compact relating to
the allocation of water; or
``(B) confers on any non-Federal entity the ability
to exercise any Federal right to--
``(i) the water of a stream; or
``(ii) any groundwater resource.
``(6) Authorization of appropriations.--There is authorized
to be appropriated for the Federal share of the total cost of
the first phase of the project authorized by this section
$25,000,000, to remain available until expended.''.
(b) Conforming Amendment.--The table of sections in section 2 of
Public Law 102-575 is amended by inserting after the last item relating
to title XVI the following:
``Sec. 16__. North Bay water reuse program.''. | North Bay Water Reuse Program Act of 2007 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior, contingent upon a finding of feasibility and acting through a cooperative agreement with the state of California or a subdivision thereof, to enter into cooperative agreements with eligible entities in the North San Pablo Bay watershed located in Marin, Napa, Solano, and Sonoma Counties for the planning, design, and construction of water reclamation and reuse facilities and recycled water conveyance and distribution systems.
Directs the Secretary and such an entity to use the design work and environmental evaluations initiated by non-federal entities and the Corps of Engineers in that watershed to the maximum extent practicable.
Requires any such cooperative agreement to require the program to be carried out in two phases, during which the Secretary and an entity shall complete the planning, design, and construction of: (1) the main treatment and main conveyance systems; and (2) the sub-regional distribution systems.
Limits the federal share to 25% of the total cost of the first phase of the project. Allows the non-federal share to be in the form of in-kind services that the Secretary determines would contribute substantially toward the completion of the water reclamation and reuse project. Prohibits the Secretary from providing funds for operation and maintenance of the project. Authorizes appropriations. | To authorize the Secretary of the Interior to create a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve objectives relating to water supply, water quality, and environmental restoration. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Military Readiness Through
Stability and Predictability Deployment Policy Act of 2007''.
SEC. 2. MINIMUM PERIODS OF REST AND RECUPERATION FOR UNITS OF THE ARMED
FORCES BETWEEN DEPLOYMENTS.
(a) Regular Components.--
(1) In general.--No unit of the Armed Forces specified in
paragraph (3) may be deployed in support of Operation Iraqi
Freedom unless the period between the most recent previous
deployment of the unit and a subsequent deployment of the unit
is equal to or longer than the period of such most recent
previous deployment.
(2) Sense of congress on optimal minimum period between
deployments.--It is the sense of Congress that the optimal
minimum period between the most recent previous deployment of a
unit of the Armed Forces specified in paragraph (3) and a
subsequent deployment of the unit in support of Operation Iraqi
Freedom should be equal to or longer than twice the period of
such most recent previous deployment.
(3) Covered units.--Subject to subsection (c), the units of
the Armed Forces specified in this paragraph are as follows:
(A) Units of the regular Army and members assigned
to those units.
(B) Units of the regular Marine Corps and members
assigned to those units.
(C) Units of the regular Navy and members assigned
to those units.
(D) Units of the regular Air Force and members
assigned to those units.
(b) Reserve Components.--
(1) In general.--No unit of the Armed Forces specified in
paragraph (3) may be deployed in support of Operation Iraqi
Freedom unless the period between the most recent previous
deployment of the unit and a subsequent deployment of the unit
is at least three times longer than the period of such most
recent previous deployment.
(2) Sense of congress on mobilization and optimal minimum
period between deployments.--It is the sense of Congress that
the units of the reserve components of the Armed Forces should
not be mobilized continuously for more than one year, and the
optimal minimum period between the previous deployment of a
unit of the Armed Forces specified in paragraph (3) and a
subsequent deployment of the unit in support of Operation Iraqi
Freedom should be five years.
(3) Covered units.--The units of the Armed Forces specified
in this paragraph are as follows:
(A) Units of the Army Reserve and members assigned
to those units.
(B) Units of the Army National Guard and members
assigned to those units.
(C) Units of the Marine Corps Reserve and members
assigned to those units.
(D) Units of the Navy Reserve and members assigned
to those units.
(E) Units of the Air Force Reserve and members
assigned to those units.
(F) Units of the Air National Guard and members
assigned to those units.
(c) Exemptions.--The limitations in subsections (a) and (b) do not
apply--
(1) to special operations forces as identified pursuant to
section 167(i) of title 10, United States Code; and
(2) to units of the Armed Forces needed, as determined by
the Secretary of Defense, to assist in the redeployment of
members of the Armed Forces from Iraq to another operational
requirement or back to their home stations.
(d) Waiver by the President.--The President may waive the
limitation in subsection (a) or (b) with respect to the deployment of a
unit of the Armed Forces to meet a threat to the national security
interests of the United States if the President certifies to Congress
within 30 days that the deployment of the unit is necessary for such
purposes.
(e) Waiver by Military Chief of Staff or Commandant for Voluntary
Mobilizations.--
(1) Army.--With respect to the deployment of a member of
the Army who has voluntarily requested mobilization, the
limitation in subsection (a) or (b) may be waived by the Chief
of Staff of the Army.
(2) Navy.--With respect to the deployment of a member of
the Navy who has voluntarily requested mobilization, the
limitation in subsection (a) or (b) may be waived by the Chief
of Naval Operations.
(3) Marine corps.--With respect to the deployment of a
member of the Marine Corps who has voluntarily requested
mobilization, the limitation in subsection (a) or (b) may be
waived by the Commandant of the Marine Corps.
(4) Air force.--With respect to the deployment of a member
of the Air Force who has voluntarily requested mobilization,
the limitation in subsection (a) or (b) may be waived by the
Chief of Staff of the Air Force.
(f) Definitions.--In this Act:
(1) Deployment.--The term ``deployment'' or ``deployed''
means the relocation of forces and materiel to desired areas of
operations and encompasses all activities from origin or home
station through destination, including staging, holding, and
movement in and through the United States and all theaters of
operation.
(2) Unit.--The term ``unit'' means a unit that is
deployable and is commanded by a commissioned officer of the
Army, Navy, Air Force, or Marine Corps serving in the grade of
major or, in the case of the Navy, lieutenant commander, or a
higher grade.
(g) Effective Date.--This Act shall take effect on the date of the
enactment of this Act.
Passed the House of Representatives August 2, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
By Deborah M. Spriggs,
Deputy Clerk. | Ensuring Military Readiness Through Stability and Predictability Deployment Policy Act of 2007 - Prohibits any unit of the regular Armed Forces from being deployed for Operation Iraqi Freedom unless the period between the most recent previous deployment and a subsequent deployment is equal to or longer than the period of the most recent previous deployment. Expresses the sense of Congress that the optimal minimum period between such deployments should be equal to or longer than twice the period of the most recent previous deployment.
Prohibits any unit of the reserves from being deployed for such Operation unless the period between the most recent previous deployment and a subsequent deployment is at least three times longer than the period of the most recent previous deployment. Expresses the sense of Congress that units of the reserves should not be mobilized continuously for more than one year, and that the optimal minimum period between such deployments should be five years.
Provides exceptions from deployment requirements with respect to: (1) special operations forces; and (2) units needed to assist in the redeployment of members from Iraq to another operational requirement or back to their home stations.
Authorizes the: (1) President to waive deployment requirements if the President certifies to Congress within 30 days that the deployment is necessary to meet U.S. national security interests; and (2) chief of staff of the military department concerned to waive such requirements with respect to a member who has voluntarily requested mobilization. | To mandate minimum periods of rest and recuperation for units and members of the regular and reserve components of the Armed Forces between deployments for Operation Iraqi Freedom or Operation Enduring Freedom. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Strategic Services
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Office of Strategic Services (OSS) was America's
first effort to implement a system of strategic intelligence
during World War II and provided the basis for the modern-day
American intelligence and special operations communities. The
U.S. Special Operations Command and the National Clandestine
Service chose the OSS spearhead as their insignias.
(2) OSS founder General William J. Donovan is the only
person in American history to receive our Nation's four highest
decorations, including the Medal of Honor. Upon learning of his
death in 1959, President Eisenhower called General Donovan the
``last hero''. In addition to founding and leading the OSS,
General Donovan was also selected by President Roosevelt, who
called him his ``secret legs'', as an emissary to Great Britain
and continental Europe before the United States entered World
War II.
(3) All the military branches during World War II
contributed personnel to the OSS. The present-day Special
Operations Forces trace their lineage to the OSS. Its Maritime
Unit was a precursor to the U.S. Navy SEALs. The OSS
Operational Groups and Jedburghs were forerunners to U.S. Army
Special Forces. The 801st/492nd Bombardment Group
(``Carpetbaggers'') were progenitors to the Air Force Special
Operations Command. The Marines who served in the OSS,
including the actor Sterling Hayden (a Silver Star recipient),
Col. William Eddy (a Distinguished Service Cross recipient who
was described as the ``nearest thing the United States has had
to a Lawrence of Arabia''), and Col. Peter Ortiz (a two-time
Navy Cross recipient), were predecessors to the Marine Special
Operations Command. U.S. Coast Guard personnel were recruited
for the Maritime Unit and its Operational Swimmer Group.
(4) The OSS organized, trained, supplied, and fought with
resistance organizations throughout Europe and Asia that played
an important role in America's victory during World War II.
General Eisenhower credited the OSS's covert contribution in
France to the equivalent to having an extra military division.
General Eisenhower told General Donovan that if it did nothing
else, the photographic reconnaissance conducted by the OSS
prior to the D-Day Invasion justified its creation.
(5) Four future directors of central intelligence served as
OSS officers: William Casey, William Colby, Allen Dulles, and
Richard Helms.
(6) Women comprised more than one-third of OSS personnel
and played a critical role in the organization. They included
Virginia Hall, the only civilian female to receive a
Distinguished Service Cross in World War II, and Julia Child.
(7) OSS recruited Fritz Kolbe, a German diplomat who became
America's most important spy against the Nazis in World War II.
(8) America's leading scientists and scholars served in the
OSS Research and Analysis Branch, including Ralph Bunche, the
first African-American to receive the Nobel Peace Prize;
Pulitzer Prize-winning historian Arthur Schlesinger, Jr.;
Supreme Court Justice Arthur Goldberg; Sherman Kent; John King
Fairbank; and Walt Rostow. Its ranks included seven future
presidents of the American Historical Association, five of the
American Economic Association, and two Nobel laureates.
(9) The U.S. Department of State's Bureau of Intelligence
and Research traces its creation to the OSS Research and
Analysis Branch.
(10) James Donovan, who was portrayed by Tom Hanks in the
Steven Spielberg movie ``Bridge of Spies'' and negotiated the
release of U-2 pilot Francis Gary Powers, served as General
Counsel of the OSS.
(11) The OSS invented and employed new technology through
its Research and Development Branch, inventing new weapons and
revolutionary communications equipment. Dr. Christian
Lambertsen invented the first underwater rebreathing apparatus
that was first utilized by the OSS and is known today as SCUBA.
(12) OSS Detachment 101 operated in Burma and pioneered the
art of unconventional warfare. It was the first United States
unit to deploy a large guerrilla army deep in enemy territory.
It has been credited with the highest kill/loss ratio for any
infantry-type unit in American military history and was awarded
a Presidential Unit Citation.
(13) Its X-2 branch pioneered counterintelligence with the
British and established the modern counterintelligence
community. The network of contacts built by the OSS with
foreign intelligence services led to enduring Cold War
alliances.
(14) Operation Torch, the Allied invasion of French North
Africa in November 1942, was aided by the networks established
and information acquired by the OSS to guide Allied landings.
(15) OSS Operation Halyard rescued more than 500 downed
airmen trapped behind enemy lines in Yugoslavia, one of the
most daring and successful rescue operations of World War II.
(16) OSS ``Mercy Missions'' at the end of World War II
saved the lives of thousands of Allied prisoners of war whom it
was feared would be murdered by the Japanese.
(17) The handful of surviving men and women of the OSS whom
General Donovan said performed ``some of the bravest acts of
the war'' are members of the ``Greatest Generation''. They have
never been collectively recognized for their heroic and
pioneering service in World War II.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design in commemoration to the
members of the Office of Strategic Services (OSS), in recognition of
their superior service and major contributions during World War II.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
commemoration to the members of the Office of Strategic
Services under subsection (a), the gold medal shall be given to
the Smithsonian Institution, where it will be displayed as
appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under paragraph (1) available for display elsewhere,
particularly at other appropriate locations associated with the
Office of Strategic Services.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Office of Strategic Services Congressional Gold Medal Act This bill requires the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to the members of the Office of Strategic Services in recognition of their service and contributions during World War II. | Office of Strategic Services Congressional Gold Medal Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farmers Tax Deferral Act''.
SEC. 2. NONTAXABLE EXCHANGE OF QUALIFIED AGRICULTURAL PROPERTY FOR REAL
PROPERTY.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1046. EXCHANGE OF QUALIFIED AGRICULTURAL PROPERTY FOR REAL
PROPERTY.
``(a) In General.--No gain or loss shall be recognized to a
qualified person on the receipt of United States real property in
exchange for any qualified agricultural property.
``(b) Qualified Person.--For purposes of this section, the term
`qualified person' means--
``(1) any individual who has attained age 55 as of the date
that such real property is received,
``(2) any corporation if all of the outstanding stock of
such corporation is owned by one or more individuals described
in paragraph (1), and
``(3) any partnership, trust, or estate if all of the
beneficial interests in such partnership, trust, or estate are
owned by one or more individuals described in paragraph (1).
``(c) Qualified Agricultural Property.--The term `qualified
agricultural property' means--
``(1) any single purpose agricultural or horticultural
structure (as defined in section 168(i)(13)) which was placed
in service by the taxpayer more than 20 years before the date
that such structure is transferred in the exchange described in
subsection (a), and
``(2) any real property, equipment, or fixtures which are
related in use to such structure.
``(d) United States Real Property.--For purposes of this section,
the term `United States real property' means real property located in
the United States.
``(e) Requirement That Property Be Identified and That Exchange Be
Completed Not More Than 180 Days After Transfer of Exchanged
Property.--For purposes of this section, any property received by the
taxpayer shall be treated as property which is not real property if--
``(1) such property is not identified as property to be
received in the exchange on or before the day which is 45 days
after the date on which the taxpayer transfers the property
relinquished in the exchange, or
``(2) such property is received after the earlier of--
``(A) the day which is 180 days after the date on
which the taxpayer transfers the property relinquished
in the exchange, or
``(B) the due date (determined with regard to
extension) for the transferor's return of the tax
imposed by this chapter for the taxable year in which
the transfer of the relinquished property occurs.
``(f) Application of Rules Regarding Basis, Exchanges Not Solely in
Kind, and Related Parties.--Rules similar to the rules of subsections
(b), (c), (d), (f), and (g) of section 1031 shall apply for purposes of
this section.
``(g) Treatment as Section 1031 Exchange.--For purposes of this
title (other than sections 1031 and 1245), a transaction described in
this section shall be treated in the same manner as a transaction
described in section 1031.''.
(b) Ordinary Income Recapture Deferred Until Disposition of Real
Property Acquired in Exchange.--Subsection (b) of section 1245 of such
Code is amended by adding at the end the following new paragraph:
``(9) Special rule for like kind exchanges of qualified
agricultural property.--
``(A) In general.--If qualified agricultural
property (as defined in section 1046(c)) is disposed of
and gain (determined without regard to this section) is
not recognized in whole or in part under section 1046,
then the amount of gain taken into account by the
transferor under subsection (a)(1) shall not exceed the
sum of--
``(i) the amount of gain recognized on such
disposition (determined without regard to this
section), plus
``(ii) the fair market value of property
acquired which is not taken into account under
clause (i) and which is not--
``(I) section 1245 property, or
``(II) United States real property.
``(B) Ordinary income recapture on disposition of
real property acquired in exchange.--If United States
real property acquired in an exchange to which section
1046 applies is disposed of by the transferee, the
lesser of--
``(i) the excess of--
``(I) the amount realized on the
disposition of such real property (in
the case of a disposition other than a
sale, exchange, or involuntary
conversion, the fair market value of
such real property), over
``(II) the adjusted basis of such
real property, or
``(ii) the excess of--
``(I) the amount of gain that would
have been treated as ordinary income
under this section if such qualified
agricultural property were sold at fair
market value on the date of the
disposition of such qualified
agricultural property, over
``(II) the amount of gain
recognized as ordinary income under
this subparagraph with respect to such
qualified agricultural property on the
disposition of any other real property,
shall be treated as ordinary income. Such gain shall be
recognized notwithstanding any other provision of this
subtitle.''.
(c) Effective Date.--
(1) Subsection (a).--The amendments made by subsection (a)
shall apply to transfers after the date of the enactment of
this Act.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to dispositions after the date of the enactment of
this Act.
SEC. 3. SPECIAL RULES FOR INSTALLMENT SALES OF QUALIFIED AGRICULTURAL
PROPERTY.
(a) In General.--Subsection (i) of section 453 of the Internal
Revenue Code of 1986 is amended by redesignating paragraph (2) as
paragraph (3) and by inserting after paragraph (1) the following new
paragraph:
``(2) Special rule for qualified agricultural property.--
Notwithstanding paragraph (1), in the case of any installment
sale of qualified agricultural property (as defined in section
1046(c), applied by substituting `the installment sale
described in section 453(i)(2)' for `the exchange described in
subsection (a)' in paragraph (1) thereof) to which subsection
(a) applies--
``(A) income from the installment sale shall be
taken into account under the installment method, and
``(B) income recognized for any taxable year from
such sale under such method shall be recognized as
recapture income in such year in the same proportion to
such income recognized for such year from such sale
as--
``(i) the aggregate recapture income from
such sale (recognized or to be recognized when
payment is completed), bears to
``(ii) the aggregate income from such sale
(so recognized or to be recognized).''.
(b) Conforming Amendment.--Paragraph (3) of section 453(i) of such
Code, as redesignated under this section, is amended by striking
``paragraph (1)'' and inserting ``this subsection''.
(c) Effective Date.--The amendments made by this section shall
apply to sales after the date of the enactment of this Act. | Farmers Tax Deferral Act - Amends the Internal Revenue Code to: (1) allow individuals age 55 or older to exclude from gross income the gain or loss from an exchange of qualified agricultural property for U.S. real property; (2) treat such an exchange as a like-kind exchange for purposes of recognizing gain or loss; and (3) allow installment sales treatment of qualified agricultural property. Defines "qualified agricultural property" as any single purpose agricultural or horticultural structure placed in service more than 20 years before an exchange and any real property, equipment, or fixtures related in use to such structure. | To amend the Internal Revenue Code of 1986 to provide special rules for the exchange or installment sale of certain agricultural property. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Invasive Species
Control, Prevention, and Management Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure the effective management of
Federal land, including National Monuments and National Heritage Areas,
to protect from invasive species important natural resources,
including--
(1) soil;
(2) vegetation;
(3) archeological sites;
(4) water resources; and
(5) rare or unique habitats.
SEC. 3. DEFINITIONS.
In this Act:
(1) Control.--The term ``control'', with respect to an
invasive species, means the eradication, suppression, or
reduction of the population of the invasive species within the
area in which the invasive species is present.
(2) Ecosystem.--The term ``ecosystem'' means the complex of
a community of organisms and the environment of the organisms.
(3) Eligible state.--The term ``eligible State'' means any
of--
(A) a State;
(B) the District of Columbia
(C) the Commonwealth of Puerto Rico;
(D) American Samoa;
(E) Guam; and
(F) the United States Virgin Islands.
(4) Invasive species.--
(A) In general.--The term ``invasive species''
means an alien species, the introduction of which
causes, or is likely to cause, economic or
environmental harm or harm to human health.
(B) Associated definition.--For purposes of
subparagraph (A), the term ``alien species'', with
respect to a particular ecosystem, means any species
(including the seeds, eggs, spores, or other biological
material of the species that are capable of propagating
the species) that is not native to the affected
ecosystem.
(C) Inclusion.--The terms ``invasive species'' and
``alien species'' include any terrestrial or aquatic
species determined by the relevant tribal, regional,
State, or local authority to meet the requirements of
subparagraph (A) or (B), as applicable.
(5) Manage; management.--The terms ``manage'' and
``management'', with respect to an invasive species, mean the
active implementation of any activity--
(A) to reduce or stop the spread of the invasive
species; and
(B) to inhibit further infestations of the invasive
species, the spread of the invasive species, or harm
caused by the invasive species, including
investigations regarding methods for early detection
and rapid response, prevention, control, or management
of the invasive species.
(6) Prevent.--The term ``prevent'', with respect to an
invasive species, means--
(A) to hinder the introduction of the invasive
species onto land or water; or
(B) to impede the spread of the invasive species
within land or water by inspecting, intercepting, or
confiscating invasive species threats prior to the
establishment of the invasive species onto land or
water of an eligible State.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
Federal land administered by the Secretary of the
Interior through--
(i) the Bureau of Indian Affairs;
(ii) the Bureau of Land Management;
(iii) the Bureau of Reclamation;
(iv) the National Park Service; or
(v) the United States Fish and Wildlife
Service; and
(B) the Secretary of Agriculture, with respect to
Federal land administered by the Secretary of
Agriculture through the Forest Service.
(8) Species.--The term ``species'' means a group of
organisms, all of which--
(A) have a high degree of physical and genetic
similarity;
(B) generally interbreed only among themselves; and
(C) show persistent differences from members of
allied groups of organisms.
SEC. 4. FEDERAL EFFORTS TO CONTROL AND MANAGE INVASIVE SPECIES ON
FEDERAL LAND.
(a) Control and Management.--Each Secretary concerned shall plan
and carry out activities on land directly managed by the Secretary
concerned to control and manage invasive species--
(1) to inhibit or reduce the populations of invasive
species; and
(2) to effectuate restoration or reclamation efforts.
(b) Strategic Plan.--
(1) In general.--Each Secretary concerned shall develop a
strategic plan for the implementation of the invasive species
program of the Secretary concerned to achieve, to the maximum
extent practicable, an annual 5-percent net reduction of
invasive species populations on land managed by the Secretary
concerned.
(2) Coordination.--Each strategic plan under paragraph (1)
shall be developed--
(A) in coordination with affected--
(i) eligible States;
(ii) political subdivisions of eligible
States; and
(iii) federally recognized Indian tribes;
and
(B) in accordance with the priorities established
by 1 or more Governors of the eligible States in which
an ecosystem affected by an invasive species is
located.
(3) Factors for consideration.--In developing a strategic
plan under this subsection, the Secretary concerned shall take
into consideration the economic and ecological costs of action
or inaction, as applicable.
SEC. 5. PROGRAM FUNDING ALLOCATIONS.
(a) Control and Management.--Of the amount appropriated or
otherwise made available to each Secretary concerned for a fiscal year
for programs that address or include invasive species management, the
Secretary concerned shall use not less than 75 percent for on-the-
ground control and management of invasive species, including through--
(1) the purchase of necessary products, equipment, or
services to conduct that control and management;
(2) the use of integrated pest management options,
including pesticides authorized for sale, distribution, or use
under the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136 et seq.);
(3) the use of biological control agents that are proven to
be effective to reduce invasive species populations;
(4) the use of revegetation or cultural restoration methods
designed to improve the diversity and richness of ecosystems;
or
(5) the use of other effective mechanical or manual control
method.
(b) Investigations, Outreach, and Public Awareness.--Of the amount
appropriated or otherwise made available to each Secretary concerned
for a fiscal year for programs that address or include invasive species
management, the Secretary concerned may use not more than 15 percent
for investigations, development activities, and outreach and public
awareness efforts to address invasive species control and management
needs.
(c) Administrative Costs.--Of the amount appropriated or otherwise
made available to each Secretary concerned for a fiscal year for
programs that address or include invasive species management, not more
than 10 percent may be used for administrative costs incurred to carry
out those programs, including costs relating to oversight and
management of the programs, recordkeeping, and implementation of the
strategic plan developed under section 4(b).
(d) Reporting Requirements.--Not later than 60 days after the end
of the second fiscal year beginning after the date of enactment of this
Act, each Secretary concerned shall submit to Congress a report--
(1) describing the use by the Secretary concerned during
the 2 preceding fiscal years of funds for programs that address
or include invasive species management; and
(2) specifying the percentage of funds expended for each of
the purposes specified in subsections (a), (b), and (c).
SEC. 6. PRUDENT USE OF FUNDS.
(a) Cost-Effective Methods.--In selecting a method to be used to
control or manage an invasive species as part of a specific control or
management project, the Secretary concerned shall prioritize the use of
the least-costly option, based on sound scientific data and other
commonly used, cost-effective benchmarks, in an area to effectively
control and manage invasive species.
(b) Comparative Economic Assessment.--To achieve compliance with
subsection (a), the Secretary concerned shall require a comparative
economic assessment of invasive species control and management methods
to be conducted.
(c) Categorical Exclusions.--
(1) In general.--An invasive species control or management
project or activity described in paragraph (2) is categorically
excluded from the requirement to prepare an environmental
assessment or an environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) during the period for which the Secretary concerned
determines that the project or activity is otherwise conducted
in accordance with applicable agency procedures, including any
land and resource management plan or land use plan applicable
to the area.
(2) Description of projects and activities.--A project or
activity referred to in paragraph (1) is a project or activity
that, as determined by the Secretary concerned--
(A) is, or will be, carried out on land or water
that is--
(i) directly managed by the Secretary
concerned; and
(ii) located in a prioritized, high-risk
area; and
(B) involves the treatment of any land or waterway
located within 1,000 feet of--
(i) any port of entry to the United States,
including--
(I) a water body or waterway;
(II) a railroad line;
(III) an airport; and
(IV) a roadside or highway;
(ii) a water project;
(iii) a utility or telephone infrastructure
or right-of-way;
(iv) a campground;
(v) a National Heritage Area;
(vi) a National Monument;
(vii) a park or other recreational site;
(viii) a school; or
(ix) any other similar, valuable
infrastructure.
(d) Relation to Other Authority.--
(1) Other invasive species control, prevention, and
management authorities.--Nothing in this Act precludes the
Secretary concerned from pursuing or supporting, pursuant to
any other provision of law, any activity regarding the control,
prevention, or management of an invasive species, including
investigations to improve the control, prevention, or
management of the invasive species.
(2) Public water supply systems.--Nothing in this Act
authorizes the Secretary concerned to suspend any water
delivery or diversion, or otherwise to prevent the operation of
a public water supply system, as a measure to control, manage,
or prevent the introduction or spread of an invasive species.
SEC. 7. USE OF PARTNERSHIPS.
(a) In General.--Subject to the requirements of this section, the
Secretary concerned may enter into any contract or cooperative
agreement with another Federal agency, an eligible State, a political
subdivision of an eligible State, or a private individual or entity to
assist with the control and management of an invasive species.
(b) Memorandum of Understanding.--
(1) In general.--As a condition of a contract or
cooperative agreement under subsection (a), the Secretary
concerned and the applicable Federal agency, eligible State,
political subdivision of an eligible State, or private
individual or entity shall enter into a memorandum of
understanding that describes--
(A) the nature of the partnership between the
parties to the memorandum of understanding; and
(B) the control and management activities to be
conducted under the contract or cooperative agreement.
(2) Contents.--A memorandum of understanding under this
subsection shall contain, at a minimum, the following:
(A) A prioritized listing of each invasive species
to be controlled or managed.
(B) An assessment of the total acres or area
infested by the invasive species.
(C) An estimate of the expected total acres or area
infested by the invasive species after control and
management of the invasive species is attempted.
(D) A description of each specific, integrated pest
management option to be used, including a comparative
economic assessment to determine the least-costly
method.
(E) Any map, boundary, or Global Positioning System
coordinates needed to clearly identify the area in
which each control or management activity is proposed
to be conducted.
(F) A written assurance that each partner will
comply with section 15 of the Federal Noxious Weed Act
of 1974 (7 U.S.C. 2814).
(3) Coordination.--If a partner to a contract or
cooperative agreement under subsection (a) is an eligible
State, political subdivision of an eligible State, or private
individual or entity, the memorandum of understanding under
this subsection shall include a description of--
(A) the means by which each applicable control or
management effort will be coordinated; and
(B) the expected outcomes of managing and
controlling the invasive species.
(4) Public outreach and awareness efforts.--If a contract
or cooperative agreement under subsection (a) involves any
outreach or public awareness effort, the memorandum of
understanding under this subsection shall include a list of
goals and objectives for each outreach or public awareness
effort that have been determined to be efficient to inform
national, regional, State, or local audiences regarding
invasive species control and management.
(c) Investigations.--The purpose of any invasive species-related
investigation carried out under a contract or cooperative agreement
under subsection (a) shall be--
(1) to develop solutions and specific recommendations for
control and management of invasive species; and
(2) specifically to provide faster implementation of
control and management methods.
SEC. 8. COORDINATION WITH AFFECTED LOCAL GOVERNMENTS.
Each project and activity carried out pursuant to this Act shall be
coordinated with affected local governments, in accordance with section
202(c)(9) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712(c)(9)). | Federal Land Invasive Species Control, Prevention, and Management Act Directs the Department of the Interior (respecting federal land administered through the Bureau of Indian Affairs, Bureau of Land Management, Bureau of Reclamation, National Park Service, or U.S. Fish and Wildlife Service) and the Department of Agriculture (USDA) (respecting federal land administered through the U.S. Forest Service) to plan and carry out activities on land directly managed by the department concerned to control and manage invasive species in order to inhibit or reduce their populations and to effectuate restoration or reclamation efforts. Requires the department concerned to develop a strategic plan for the implementation of an invasive species program that endeavors to achieve an annual 5% net reduction of invasive species populations on land managed by that department. Requires each strategic plan to be developed: (1) in coordination with eligible states, their political subdivisions, and federally recognized Indian tribes; and (2) according to the priorities established by at least one governor of an eligible state in which an ecosystem affected by an invasive species is located. Requires the USDA and Interior to prioritize the use of the least costly option necessary to perform effectively, based on sound scientific data and other commonly used cost-effective benchmarks in an area. Requires projects and activities carried out under this Act to be coordinated with affected local governments according to certain criteria regarding the development and revision of land use plans under the Federal Land Policy and Management Act of 1976. | Federal Land Invasive Species Control, Prevention, and Management Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Treatment Court Improvement
Act of 2018''.
SEC. 2. HIRING BY DEPARTMENT OF VETERANS AFFAIRS OF ADDITIONAL VETERANS
JUSTICE OUTREACH SPECIALISTS.
(a) Hiring of Additional Veterans Justice Outreach Specialists.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall hire
not fewer than 50 Veterans Justice Outreach Specialists and place
each such Veterans Justice Outreach Specialist at an eligible
Department of Veterans Affairs medical center in accordance with
this section.
(2) Requirements.--The Secretary shall ensure that each
Veterans Justice Outreach Specialist employed under paragraph (1)--
(A) serves, either exclusively or in addition to other
duties, as part of a justice team in a veterans treatment court
or other veteran-focused court; and
(B) otherwise meets Department hiring guidelines for
Veterans Justice Outreach Specialists.
(b) Eligible Department of Veterans Affairs Medical Centers.--For
purposes of this section, an eligible Department of Veterans Affairs
medical center is any Department of Veterans Affairs medical center
that--
(1) complies with all Department guidelines and regulations for
placement of a Veterans Justice Outreach Specialist;
(2) works within a local criminal justice system with justice-
involved veterans;
(3) maintains an affiliation with one or more veterans
treatment courts or other veteran-focused courts; and
(4) either--
(A) routinely provides Veterans Justice Outreach
Specialists to serve as part of a justice team in a veterans
treatment court or other veteran-focused court; or
(B) establishes a plan that is approved by the Secretary to
provide Veterans Justice Outreach Specialists employed under
subsection (a)(1) to serve as part of a justice team in a
veterans treatment court or other veteran-focused court.
(c) Placement Priority.--The Secretary shall prioritize the
placement of Veterans Justice Outreach Specialists employed under
subsection (a)(1) at eligible Department of Veterans Affairs medical
centers that have or intend to establish an affiliation, for the
purpose of carrying out the Veterans Justice Outreach Program, with a
veterans treatment court, or other veteran-focused court, that--
(1) was established on or after the date of the enactment of
this Act; or
(2)(A) was established before the date of the enactment of this
Act; and
(B) is not fully staffed with Veterans Justice Outreach
Specialists.
(d) Reports.--
(1) Report by secretary of veterans affairs.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report on the implementation of this
section and its effect on the Veterans Justice Outreach
Program.
(B) Contents.--The report submitted under paragraph (1)
shall include the following:
(i) The status of the efforts of the Secretary to hire
Veterans Justice Outreach Specialists pursuant to
subsection (a)(1), including the total number of Veterans
Justice Outreach Specialists hired by the Secretary
pursuant to such subsection and the number that the
Secretary expects to hire pursuant to such subsection.
(ii) The total number of Veterans Justice Outreach
Specialists assigned to each Department of Veterans Affairs
medical center that participates in the Veterans Justice
Outreach Program, including the number of Veterans Justice
Outreach Specialists hired under subsection (a)(1)
disaggregated by Department of Veterans Affairs medical
center.
(iii) The total number of eligible Department of
Veterans Affairs medical centers that sought placement of a
Veterans Justice Outreach Specialist under subsection
(a)(1), how many Veterans Justice Outreach Specialists each
such center sought, and how many of such medical centers
received no placement of a Veterans Justice Outreach
Specialist under subsection (a)(1).
(iv) For each eligible Department of Veterans Affairs
medical center--
(I) the number of justice-involved veterans who
were served or are expected to be served by a Veterans
Justice Outreach Specialist hired under subsection
(a)(1); and
(II) the number of justice-involved veterans who do
not have access to a Veterans Justice Outreach
Specialist.
(2) Report by comptroller general of the united states.--
(A) In general.--Not later than 3 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the
implementation of this section and the effectiveness of the
Veterans Justice Outreach Program.
(B) Contents.--The report required by subparagraph (A)
shall include the following:
(i) An assessment of whether the Secretary has
fulfilled the Secretary's obligations under this section.
(ii) The number of veterans who are served by Veterans
Justice Outreach Specialists hired under subsection (a)(1),
disaggregated by demographics (including discharge status).
(iii) An identification of any subgroups of veterans
who underutilize services provided under laws administered
by the Secretary, including an assessment of whether these
veterans have access to Veterans Justice Outreach
Specialists under the Veterans Justice Outreach Program.
(iv) Such recommendations as the Comptroller General
may have for the Secretary to improve the effectiveness of
the Veterans Justice Outreach Program.
(e) Definitions.--In this section:
(1) Justice team.--The term ``justice team'' means the group of
individuals, which may include a judge, court coordinator,
prosecutor, public defender, treatment provider, probation or other
law enforcement officer, program mentor, and Veterans Justice
Outreach Specialist, who assist justice-involved veterans in a
veterans treatment court or other veteran-focused court.
(2) Justice-involved veteran.--The term ``justice-involved
veteran'' means a veteran with active, ongoing, or recent contact
with some component of a local criminal justice system.
(3) Local criminal justice system.--The term ``local criminal
justice system'' means law enforcement, jails, prisons, and
Federal, State, and local courts.
(4) Veterans justice outreach program.--The term ``Veterans
Justice Outreach Program'' means the program through which the
Department of Veterans Affairs identifies justice-involved veterans
and provides such veterans with access to Department services.
(5) Veterans justice outreach specialist.--The term ``Veterans
Justice Outreach Specialist'' means an employee of the Department
of Veterans Affairs who serves as a liaison between the Department
and the local criminal justice system on behalf of a justice-
involved veteran.
(6) Veterans treatment court.--The term ``veterans treatment
court'' means a State or local court that is participating in the
veterans treatment court program (as defined in section 2991(i)(1)
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797aa(i)(1))).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Veterans Treatment Court Improvement Act of 2018 (Sec. 2) This bill requires the Department of Veterans Affairs (VA) to hire at least 50 Veterans Justice Outreach Specialists under the Veterans Justice Outreach Program. Each of these specialists must serve as part of a justice team in a veterans treatment court or other veteran-focused court. A specialist hired under this bill must be placed at a VA medical center that: complies with VA guidelines for specialist placement, works within a local criminal justice system with justice-involved veterans, maintains an affiliation with one or more veterans treatment courts or other veteran-focused courts, and provides specialists or establishes a VA-approved plan to provide specialists to serve as part of a justice team. The VA shall prioritize the placement of these specialists at medical centers that have an affiliation with a court that was established after this bill's enactment or is not fully staffed with specialists. The Government Accountability Office shall report to Congress on the effectiveness of the Veterans Justice Outreach Program. | Veterans Treatment Court Improvement Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Groundwork USA Trust Act of 2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) locally organized and controlled entities that are
linked together through a national program office have the
ability to lead cost-effective projects and programs that are
responsive to community needs and essential to improving the
local environment, economy, and quality of life;
(2) local community involvement with how land is being used
is an essential component to the economic success of a
neighborhood;
(3) underutilized and neglected vacant lands significantly
erode nearby property values and burden municipal tax bases;
(4) landscaping and maintenance, especially when local
citizens are involved in the process, decreases negative stigma
and generates civic pride, which in turn significantly reduces
vandalism and illicit activities typically associated with idle
lands;
(5) cleaning, landscaping, and tree planting within vacant
and abandoned land and brownfields adds economic value to a
community through increased occupancy rates, and improved sales
appeal of nearby residential and commercial real estate; and
(6) the transformation of idle lands and brownfields into
cleaner, greener, community assets has been exemplified by a
network of federally backed Groundwork USA Trusts for over 8
years.
SEC. 3. DEFINITIONS.
In this Act:
(1) Brownfields.--The term brownfields means real property,
the expansion, redevelopment, or reuse of which may be
complicated by the presence or potential presence of a
hazardous substance, pollutant, or contaminant.
(2) Eligible organization.--The term eligible organization
means a--
(A) nonprofit organization that applies for a grant
award under section 4(b) to establish a Ground USA
Trust; and
(B) Groundwork USA Trust.
(3) Groundwork usa national office.--The term Groundwork
USA national office means the independent, nonprofit,
environmental business incorporated under the laws of the State
of New York, which overseas and creates a link between local
Groundwork USA Trust offices.
(4) Groundwork usa trust.--The term Groundwork USA Trust
means an independent, nonprofit, environmental organization
that works with communities to improve their environment,
economy, and quality of life through local action.
(5) Nonprofit organization.--The term nonprofit
organization means an organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and is exempt
from tax under section 501(a) of such Code.
(6) Secretary.--The term Secretary means the Secretary of
the Interior.
SEC. 4. ESTABLISHMENT OF GROUNDWORK USA TRUST PROGRAM.
(a) Authorization of Grant Program.--The Secretary, in consultation
with the Groundwork USA national office, is authorized to award grants
to eligible organizations.
(b) Application.--An eligible organization desiring a grant under
the program shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary, in
consultation with the Groundwork USA national office, may require.
SEC. 5. CRITERIA FOR SELECTION.
Each grant award provided under section 4(a) shall be made on the
basis of the quality of the application submitted, taking into
consideration such factors as the following:
(1) The population and demographics of the community and
the environmental, community, or economic development issues
which an eligible entity could help address.
(2) The level of experience with community and
environmental improvement activities of an eligible
organization and the role such organization will play in the
implementation of Groundwork USA Trust activities.
(3) The level in which the community or local government in
which the eligible organization is based is a current or past
recipient of funding or assistance from the EPA Brownfields
Program and demonstrated success in those efforts.
(4) The level in which the eligible organization has
partnered with the National Park Service and demonstrated
success in those efforts.
(5) The level of community interest and commitment to learn
about, evaluate, and partner with a Groundwork USA Trust.
(6) The number and level of opportunities to improve the
local environment for conservation, recreation, and economic
development, including:
(A) The potential to facilitate the creation,
improvement, and stewardship of parks, greenways, open
space, and nature reserves and increase opportunities
for recreation, conservation, food security,
environmental education, and other environmental
improvements in communities impacted by brownfields.
(B) The potential to stimulate economic and
environmental rejuvenation of communities impacted by
brownfield issues.
(C) The potential to increase the capacity of
communities with limited means to improve their
environment, economy, and quality of life.
(D) The potential to engage the local community in
the planning and development of projects and programs
to improve its local environment, including the
assessment, cleanup, and reuse of brownfield sites for
parks, recreation facilities, nature areas, gardens,
trails, and other community benefits.
(E) The potential to contribute to the use or reuse
of existing infrastructure.
(7) The ability to address the issue of brownfields in the
community or target area, including:
(A) The potential to leverage or stimulate funds
from other sources to support the assessment and
remediation of brownfields and their reuse for parks,
recreation facilities, nature areas, and other
community benefits.
(B) The potential to engage the local community in
the planning and implementation of projects and
programs to assess, cleanup, and reuse brownfields for
parks, recreation facilities, nature areas, and other
community benefits.
(C) The potential to help reduce the threats to
human health and the local environment associated with
the presence of hazardous substances, pollutants, or
contaminants.
(D) The potential to help address or facilitate the
identification and reduction of threats to the health
and welfare of populations at risk.
SEC. 6. USE OF FUNDS.
A grant award provided under the program may be used to--
(1) provide training, research, and technical assistance to
individuals and organizations, as appropriate, to facilitate
the inventory of brownfield sites, site assessments,
remediation of brownfield sites, community involvement, or site
preparation;
(2) increase the capacity of communities to improve and
care for their local environment;
(3) reclaim vacant and derelict lands for conservation,
recreation, and economic development;
(4) clean up and care for neglected areas to signal
community pride and rejuvenation;
(5) return brownfields to economically productive use while
restoring blighted landscapes with healthy environments;
(6) integrate environmental education, food security,
health and fitness, resource management, and job training;
(7) encourage businesses, local governments, nonprofits,
and communities to work together for sustainable environmental
care and enhancement;
(8) support businesses, local governments, nonprofits, and
communities in efforts to improve their local environment;
(9) raise the profile of urban environmental improvements
as part of a comprehensive approach to smart growth strategies
and rejuvenation of inner city communities;
(10) acquire real property and buildings to rehabilitate
and improve upon for the local community and perform
maintenance on such property and buildings, including mowing,
irrigating, landscaping, painting, and providing structural
repairs;
(11) expand operations and locations of offices to benefit
a larger geographic area, and increase staff;
(12) develop information systems and utilize such systems
for community- and regional-based research and data
dissemination; and
(13) develop programs that encourage regional and national
partnering with other environmental organizations.
SEC. 7. MAXIMUM GRANT AWARD.
A grant award under the program shall not exceed $400,000 for any
fiscal year.
SEC. 8. LIMITATION ON ADMINISTRATIVE COSTS.
The Secretary may reserve not more than 15 percent of the amount
made available under this Act to carry out the program in a fiscal year
for administrative costs, including managing, administering, and
assisting with technical support of operations for national and local
Groundwork USA offices.
SEC. 9. ANNUAL REPORT.
Each grant recipient shall submit to the Secretary and the national
Groundwork USA national office an annual report at such time, in such
manner, and containing such information as the Secretary, in
consultation with the Groundwork USA national office, may require.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the program
$15,000,000 for each of the fiscal years 2012 through 2017. | Groundwork USA Trust Act of 2011 - Establishes the Groundwork USA Trust Program.
Authorizes the Secretary of the Interior, in consultation with the Groundwork USA national office, to award grants to eligible nonprofit organizations to: (1) facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation; (2) reclaim vacant and derelict lands; (3) cleanup and care for neglected areas; (4) return brownfields to productive use; (5) integrate environmental education, food security, health and fitness, resource management, and job training; (6) encourage and support business, local government, nonprofit, and community cooperation in sustainable environmental care and enhancement; (7) acquire, rehabilitate, and improve real property and buildings; and (8) develop programs that encourage partnering with other environmental organizations. | To authorize the Secretary of the Interior, in consultation with the Groundwork USA national office, to provide grants to certain nonprofit organizations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bulletproof Vest Partnership Grant
Act of 1998''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) too many law enforcement officers die, while protecting
the public, as a result of gunshot wounds;
(2) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously
killed in the line of duty;
(3) more than 92 percent of such law enforcement officers
were killed by firearms;
(4) the number of law enforcement officers who die as a
result of gunshot wounds has declined significantly since the
introduction of modern bulletproof material;
(5) according to studies, between 1985 and 1994, bullet
resistant materials helped save the lives of more than 2,000
law enforcement officers in the United States;
(6) the number of law enforcement officers who are killed
in the line of duty would significantly decrease if every law
enforcement officer in the United States had access to an armor
vest; and
(7) the Executive Committee for Indian Country Law
Enforcement Improvements reports that violent crime in Indian
country has risen sharply, despite decreases in the national
crime rate, and has concluded that there is a ``public safety
crisis in Indian country''.
(b) Purpose.--The purpose of this Act is to save lives of law
enforcement officers by helping State and local law enforcement
departments provide officers with armor vests.
SEC. 3. PROGRAM AUTHORIZED.
(a) Grant Authorization.--The Director of the Bureau of Justice
Assistance is authorized to make grants to States, units of local
government, and Indian tribes to purchase armor vests for use by law
enforcement officers.
(b) Uses of Funds.--Awards shall be distributed directly to the
State, unit of local government, or Indian tribe and shall be used for
the purchase of not more than 1 armor vest for each police officer in a
jurisdiction.
(c) Preferential Consideration.--In awarding grants under this Act,
the Director of the Bureau of Justice Assistance may give preferential
consideration, where feasible, to applications from jurisdictions
that--
(1) have the greatest need for armor vests based on the
percentage of officers in the department who do not have access
to a vest;
(2) have a mandatory wear policy that requires on-duty
officers to wear armor vests whenever feasible; and
(3) have a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation.
(d) Minimum Amount.--Unless all applications submitted by any State
or unit of local government pursuant to subsection (a) have been
funded, each qualifying State or unit of local government shall be
allocated in each fiscal year pursuant to subsection (a) not less than
0.25 percent of the total amount appropriated in the fiscal year for
grants pursuant to that subsection.
(e) Maximum Amount.--A qualifying State or unit of local government
may not receive more than 5 percent of the total amount appropriated in
each fiscal year for grants pursuant to subsection (a).
(f) Matching Funds.--The portion of the costs of a program provided
by a grant under subsection (a) may not exceed 50 percent, unless the
Director of the Bureau of Justice Assistance determines a case of
fiscal hardship and waives, wholly or in part, the requirement under
this subsection of a non-Federal contribution to the costs of a
program.
(g) Allocation of Funds.--At least half of the funds awarded under
this program shall be allocated to units of local government or Indian
tribes with fewer than 100,000 residents.
SEC. 4. APPLICATIONS.
(a) State and Tribal Applications.--To request a grant under this
Act, the chief executive of a State shall submit an application to the
Director of the Bureau of Justice Assistance, signed by the Attorney
General of the State requesting the grant, or Indian tribe shall submit
an application to the Director, in such form and containing such
information as the Director may reasonably require.
(b) Local Applications.--To request a grant under this Act, the
chief executive of a unit of local government shall submit an
application to the Director of the Bureau of Justice Assistance, signed
by the chief law enforcement officer of the unit of local government
requesting the grant, in such form and containing such information as
the Director may reasonably require.
(c) Renewal.--A State, unit of local government, or Indian tribe is
eligible to receive a grant under this Act every 3 years.
(d) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Director of the Bureau of Justice Assistance
shall promulgate regulations to implement this section (including the
information that must be included and the requirements that the States
and units of local government must meet) in submitting the applications
required under this Section.
SEC. 5. PROHIBITION OF PRISON INMATE LABOR.
Any State, unit of local government, or Indian tribe that receives
financial assistance provided using funds appropriated or otherwise
made available by this Act may not purchase equipment or products
manufactured using prison inmate labor.
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) The term ``armor vest'' means--
(A) body armor which has been tested through the
voluntary compliance testing program operated by the
National Law Enforcement and Corrections Technology
Center of the National Institute of Justice (NIJ), and
found to comply with the requirements of NIJ Standard
0101.03, or any subsequent revision of such standard;
or
(B) body armor which exceeds the specifications
stated in subparagraph (A), and which the law
enforcement officer's agency or department permits the
officer to wear on duty.
(2) The term ``State'' means each of the 50 States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, American Samoa, and the Northern Mariana Islands.
(3) The term ``qualifying State or unit of local
government'' means any State or unit of local government which
has submitted an application for a grant, or in which an
eligible entity has submitted an application for a grant, which
meets the requirements prescribed by the Director of the Bureau
of Justice Assistance and the conditions set out in section 3.
(4) The term ``Indian tribe'' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)).
SEC. 7. AUTHORIZATION FOR APPROPRIATIONS.
There are authorized to be appropriated $25,000,000 for each fiscal
year to carry out this program.
SEC. 8. SENSE OF THE CONGRESS.
In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided using funds
appropriated or otherwise made available by this Act, it is the sense
of the Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment and
products. | Bulletproof Vest Partnership Grant Act of 1998 - Authorizes the Director of the Bureau of Justice Assistance to: (1) make grants to States, units of local government, and Indian tribes to purchase armor vests for use by law enforcement officers; and (2) give preferential consideration to applications from jurisdictions that have the greatest need, have a mandatory wear policy, and have a violent crime rate at or above the national average.
Sets forth provisions regarding matching funds and allocation of funds, State, tribal, and local applications, and grant application renewal.
Prohibits any State, unit of local government, or Indian tribe that receives financial assistance provided using funds appropriated or otherwise made available by this Act from purchasing equipment or products manufactured using prison inmate labor.
Authorizes appropriations.
Expresses the sense of the Congress that entities receiving assistance under this Act should, in expending such assistance, purchase only American-made equipment and products. | Bulletproof Vest Partnership Grant Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Let Parents Raise Their Kids Act of
2004''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The United States Preventive Services Task Force
(USPSTF) issued findings and recommendation against screening
for suicide that corroborate those of the Canadian Preventive
Services Task Force. ``USPSTF found no evidence that screening
for suicide risk reduces suicide attempts or mortality. There
is limited evidence on the accuracy of screening tools to
identify suicide risk in the primary care setting, including
tools to identify those at high risk.''.
(2) The 1999 Surgeon General's report on mental health
admitted the serious conflicts in the medical literature
regarding the definitions of mental health and mental illness
when it said, ``In other words, what it means to be mentally
healthy is subject to many different interpretations that are
rooted in value judgments that may vary across cultures. The
challenge of defining mental health has stalled the development
of programs to foster mental health (Secker, 1998). . . .''.
(3) The Surgeon General's report also says, ``The diagnosis
of mental disorders is often believed to be more difficult than
diagnosis of somatic or general medical disorders since there
is no definitive laboratory test or abnormality in brain tissue
that can identify the illness.''.
(4) Accurate mental health diagnosis of children is
difficult as admitted by the Surgeon General's report that
says, ``The science is challenging because of the ongoing
process of development. The normally developing child hardly
stays the same long enough to make stable measurements. Adult
criteria for illness can be difficult to apply to children and
adolescents, when the signs and symptoms of mental disorders
are often also the characteristics of normal development.''.
(5) Authors of the bible of psychiatric diagnosis, the
Diagnostic and Statistical Manual, admit that the diagnostic
criteria for mental illness are vague, saying, ``DSM-IV
criteria remain a consensus without clear empirical data
supporting the number of items required for the diagnosis. . .
. Furthermore, the behavioral characteristics specified in DSM-
IV, despite efforts to standardize them, remain subjective. . .
.'' (American Psychiatric Association Committee on the
Diagnostic and Statistical Manual (DSM-IV 1994), pp. 1162-
1163).
(6) Because of the subjectivity of psychiatric diagnosis,
it is all too easy for a psychiatrist to label a person's
disagreement with the psychiatrist's political beliefs a mental
disorder.
(7) At least one federally-funded school violence
prevention program has suggested that a child who shares his or
her parent's traditional values may be likely to instigate
school violence.
(8) Despite many statements in the popular press and by
groups promoting the psychiatric labeling and medication of
children, that ADD/ADHD is due to a chemical imbalance in the
brain, the 1998 National Institutes of Health Consensus
Conference said, ``. . . further research is necessary to
firmly establish ADHD as a brain disorder. This is not unique
to ADHD, but applies as well to most psychiatric disorders,
including disabling diseases such as schizophrenia. . . .
Although an independent diagnostic test for ADHD does not
exist. . . . Finally, after years of clinical research and
experience with ADHD, our knowledge about the cause or causes
of ADHD remains speculative.''.
(9) There has been a precipitous increase in the
prescription rates of psychiatric drugs in children:
(A) A 300-percent increase in psychotropic drug use
in 2 to 4 year old children from 1991 to 1995 (Journal
of the American Medical Association, 2000).
(B) A 300-percent increase in psychotropic drug use
in children from 1987 to 1996 (Archives of Pediatric &
Adolescent Medicine, 2003).
(C) More money was spent on psychiatric drugs for
children than on antibiotics or asthma medication
(Medco Trends, 2004).
(10) A September 2004 Food and Drug Administration hearing
found that more than two-thirds of studies of antidepressants
given to depressed children showed that they were no more
effective than placebo, or sugar pills, and that only the
positive trials were published by the pharmaceutical industry.
The lack of effectiveness of antidepressants has been known by
the Food and Drug Administration since at least 2000 when,
according to the Food and Drug Administration Background
Comments on Pediatric Depression, Robert Temple of the Food and
Drug Administration Office of Drug Evaluation acknowledged the
``preponderance of negative studies of antidepressants in
pediatric populations''. The Surgeon General's report said of
stimulant medication like Ritalin, ``However, psychostimulants
do not appear to achieve long-term changes in outcomes such as
peer relationships, social or academic skills, or school
achievement.''.
(11) The Food and Drug Administration finally acknowledged
in September 2004, that the newer antidepressants are related
to suicidal thoughts and actions in children and that this data
was hidden for years. The Food and Drug Administration had over
2000 reports of completed suicides from 1987 to 1995 for the
drug Prozac alone, which by the agency's own calculations
represent but a fraction of the suicides. Prozac is the only
such drug approved by the Food and Drug Administration for use
in children.
(12) Other possible side effects of psychiatric medication
used in children include mania, violence, dependence, weight
gain, and insomnia from the newer antidepressants; cardiac
toxicity including lethal arrhythmias from the older
antidepressants; growth suppression, psychosis, and violence
from stimulants; and diabetes from the newer anti-psychotic
medications.
(13) Parents are already being coerced to put their
children on psychiatric medications and some children are dying
because of it. Universal or mandatory mental health screening
and the accompanying treatments recommended by the President's
New Freedom Commission on Mental Health will only increase that
problem. Across the country, Patricia Weathers, the Carroll
Family, the Johnston Family, and the Salazar Family were all
charged or threatened with child abuse charges for refusing or
taking their children off of psychiatric medications.
(14) The United States Supreme Court in Pierce versus
Society of Sisters (268 U.S. 510 (1925)) held that parents have
a right to direct the education and upbringing of their
children.
(15) Universal or mandatory mental health screening
violates the right of parents to direct and control the
upbringing of their children.
(16) Federal funds should never be used to support programs
that could lead to the increased over-medication of children,
the stigmatization of children and adults as mentally disturbed
based on their political or other beliefs, or the violation of
the liberty and privacy of Americans by subjecting them to
invasive ``mental health screening'' (the results of which are
placed in medical records which are available to government
officials and special interests without the patient's consent).
SEC. 3. PROHIBITION AGAINST FEDERAL FUNDING OF UNIVERSAL OR MANDATORY
MENTAL HEALTH SCREENING.
(a) Universal or Mandatory Mental Health Screening Program.--No
Federal funds may be used to establish or implement any universal or
mandatory mental health screening program.
(b) Refusal to Consent as Basis of a Charge of Child Abuse or
Education Neglect.--No Federal education funds may be paid to any local
educational agency or other instrument of government that uses the
refusal of a parent or legal guardian to provide express, written,
voluntary, informed consent to mental health screening for his or her
child as the basis of a charge of child abuse or education neglect
until the agency or instrument demonstrates that it is no longer using
such refusal as a basis of a child abuse or education neglect charge.
(c) Definition.--For purposes of this Act, the term ``universal or
mandatory mental health screening program''--
(1) means any mental health screening program in which a
set of individuals (other than members of the Armed Forces or
individuals serving a sentence resulting from conviction for a
criminal offense) is automatically screened without regard to
whether there was a prior indication of a need for mental
health treatment; and
(2) includes--
(A) any program of State incentive grants for
transformation to implement recommendations in the July
2003 report of the President's New Freedom Commission
on Mental Health; and
(B) any student mental health screening program
that allows mental health screening of individuals
under 18 years of age without the express, written,
voluntary, informed consent of the parent or legal
guardian of the individual involved. | Let Parents Raise Their Kids Act of 2004 - Prohibits Federal funds from being used to establish or implement any universal or mandatory mental health screening program.
Prohibits Federal education funds from being used to pay any local educational agency or other instrument of government that uses the refusal of a parent or legal guardian to provide consent to mental health screening as the basis of a charge of child abuse or education neglect until the agency or instrument demonstrates that it is no longer using such refusal as a basis of such charge.
Defines universal or mandatory mental health screening as any mental health screening program in which a set of individuals is automatically screened without regard to whether there was a prior indication of a need for mental health treatment, including: (1) any program of State incentive grants to implement recommendations in the July 2003 report of the President's New Freedom Commission on Mental Health; and (2) any student mental health screening program that allows mental health screening of individuals under 18 years of age without the express, written, voluntary, informed consent of the parent or legal guardian of the individual involved. | To prohibit the use of Federal funds for any universal or mandatory mental health screening program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drinking Water Standards
Preservation Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The safety of drinking water, and the adequacy of water
supplies, is a national concern. In the 29 years since Congress
first mandated the establishment of uniform national minimum
drinking water standards, national standards have been
established for more than 100 contaminants and parameters.
(2) The States have been authorized to enforce those
standards, and, in appropriate cases, set stricter standards on
a statewide basis.
(3) It is technologically infeasible for a drinking water
system to provide water with a zero level of contaminants, and
a determination that drinking water must contain no
contaminants would threaten the adequacy of water supplies.
(4) The setting of drinking water standards is a complex
public policy determination requiring a careful analysis and
balancing of a number of factors, including--
(A) the maximum safe level for each drinking water
contaminant, the technological capability of removing
contaminants from public drinking water supplies; and
(B) the importance of assuring that drinking water
is affordable to all Americans.
(5) The setting of these standards is not appropriate for
individual juries deciding individual cases in the separate
States, but rather is fundamentally a scientific issue to be
resolved by the appropriate Federal and State agencies in
accordance with the rulemaking provisions of the Safe Drinking
Water Act and the applicable State authorities.
(6) Claims for monetary damages brought against public
water providers under the common law of the various States
based on alleged contamination of drinking water threaten to
undermine the science-based uniform national system of water
quality regulation.
(7) The States should retain maximum flexibility to handle
claims for monetary damages brought against public water
providers based on alleged contamination of drinking water,
including the authority to decide whether such claims should be
heard by the courts or an administrative agency.
(8) The costs of defending against multiple legal claims
can be financially burdensome to any water provider, but
especially to small systems, and the imposition of such costs
cannot be justified when a supplier complies with the
requirements of the Safe Drinking Water Act.
SEC. 3. AMENDMENTS TO THE SAFE DRINKING WATER ACT.
Section 1449 of the Safe Drinking Water Act (42 U.S.C. 300j-8) is
amended as follows:
(1) By striking ``Nothing'' in the first sentence of
subsection (e) and inserting ``(1) Except as provided in
subsection (f), nothing''.
(2) By striking ``or to seek any other relief'' at the end
of the first sentence of subsection (e).
(3) By adding after the first sentence of subsection (e)
the following: ``Nothing in subsection (f) creates a new cause
of action, and, except as otherwise explicitly provided in this
title, nothing in this title expands liability otherwise
imposed or limits any defense otherwise available under Federal
or State law.'' .
(4) By striking ``Nothing'' in the second sentence of
subsection (e) and inserting ``Except as provided in subsection
(f), nothing''.
(5) By adding the following new subsection at the end
thereof:
``(f)(1) No public water system shall be liable in a civil suit
brought before any Federal or State court for damages arising from
injury (including personal injury, death, or property damage) allegedly
caused by delivery of contaminated water, unless the court determines
that the plaintiff has established the following:
``(A) In the case of a regulated contaminant, the
plaintiff must establish that each of the following
criteria are met:
``(i) The substance in the delivered water
which the plaintiff claims caused the injury
was subject to a Federal or State regulation
prescribed under this Act at the time of
delivery.
``(ii) There is substantial scientific
evidence that the substance in the delivered
water which the plaintiff claims caused the
injury was of such a nature, and in such
amounts, that it was reasonably likely to cause
the kind of injury of which the plaintiff
complains.
``(iii) The public water system violated
the regulation referred to in clause (i).
``(iv) The violation was negligent.
``(v) The violation caused the injury.
``(B) In the case of an unregulated contaminant,
the plaintiff must establish that each of the following
criteria are met:
``(i) The substance in the delivered water
which the plaintiff claims caused the injury
was not subject to any requirements prescribed
under this Act at the time of delivery.
``(ii) There is substantial scientific
evidence that the substance in the delivered
water which the plaintiff claims caused the
injury was of such a nature, and in such
amounts, that it was reasonably likely to cause
the kind of injury of which the plaintiff
complains.
``(iii) The injury actually was caused by
delivery of water that contained such a
substance.
``(iv) The public water system knew or
should have known that the substance was in the
drinking water at such a level and was likely
to cause the injury.
``(v) It was feasible for the supplier to
have removed such contaminant to a level below
which it was not likely to cause such injury.
``(2) The court shall, in a special pretrial proceeding,
subject to the requirements of paragraph (3), determine whether
the plaintiff has established either that criteria in clauses
(i), (ii), and (iii) of paragraph (1)(A) or criteria in clauses
(i), (ii), and (v) in paragraph (1)(B) have been met.
``(3) The court, in making the determinations required in
paragraphs (1)(A) and (1)(B), shall adopt and give binding
effect to any findings of fact, conclusions of law, or
determination of any agency of a State exercising primary
enforcement authority for purposes of this title. Nothing in
this section limits the jurisdiction or authority of any State
agency to make findings and determinations with respect to
whether--
``(A) requirements for drinking water quality
adequately protect the public;
``(B) additional requirements for regulated or
unregulated contaminants are warranted; and
``(C) public water systems are in compliance with
such requirements.''. | Drinking Water Standards Preservation Act of 2003 - Amends the Safe Drinking Water Act to establish liability standards for a public water system for damages allegedly caused by delivery of contaminated water containing either regulated or unregulated contaminants.Requires for both regulated and unregulated contaminants that there be substantial scientific evidence that the kind of injury alleged could be caused by such substance in the amounts present and that the substance did, in fact, cause the injury.Requires proof, in the case of regulated contaminants, that the water system violated the regulation, was negligent and that the violation caused the injury.Requires proof, in the case of unregulated contaminants, that the water system knew or should have known that the substance at that level was likely to cause such injury and that it was feasible to remove the contaminant to a safe level. | To amend the Safe Drinking Water Act to provide procedures for claims relating to drinking water. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community-Based Gang Intervention
Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) For the first time in the history of the United States,
more than one in every 100 adults is incarcerated.
(2) The United States incarcerates more people than any
other country in the world, with more than 2,200,000 people
behind bars and another 5,000,000 people on probation or
parole.
(3) The United States has only 5 percent of the world's
population, but 25 percent of the world's prisoners.
(4) In 2007, the Federal Government spent $19,617,000,000
on police protection, corrections, and judicial and legal
services, representing a 286-percent increase since 1982. This
included a 475-percent increase for corrections and a 287-
percent increase for police protection.
(5) The growing prison system is also impacting State
budgets, with total State spending on incarceration topping
$53,000,000,000 in 2012, up from $10,000,000,000 in 1987.
(6) With increased prison costs, vital social programs and
services such as education, job creation, housing, and
healthcare are being cut or eliminated to maintain the prison
industry.
(7) Between 1987 and 2007, the amount States spent on
corrections increased 127 percent, while the increase in higher
education spending was only 21 percent.
(8) Over the past 10 years, the State of California's
general fund expenditures for higher education have fallen 9
percent, while general fund expenditures for corrections and
rehabilitation have increased 26 percent.
(9) The State of California has the second largest prison
population in the Nation with 165,062 prisoners under the
jurisdiction of State or Federal correctional authorities in
2010.
(10) According to one study, there are now 6 times as many
gangs and at least twice the number of gang members in Los
Angeles since the start of the 30-year ``war on gangs''.
(11) The city and county of Los Angeles have been dubbed
the ``gang capital'' of the Nation with an estimated 463 gangs
and 38,974 gang members in the city, and more than 1,300 gangs
and 150,000 gang members in the county.
(12) According to the Office of Juvenile Justice and
Delinquency Prevention, allowing 1 youth to leave school for a
life of crime and drug abuse costs society between $1,700,000
and $2,300,000.
(13) In the State of California, the average annual cost
per inmate is $47,421 for an adult inmate, and $218,000 for a
youth inmate.
(14) The most recent data on overall State spending on
juvenile justice programs reveals that in 1998, States spent
nearly $4,200,000,000 on juvenile justice related programs,
which was a 65-percent increase from fiscal year 1994. Of those
expenditures, 67 percent went towards residential placements,
while only 8.4 percent went towards delinquency prevention.
(15) Gang and youth violence substantially decreases when
governments address the root causes of gang violence and
adequately fund community-based programs and practices.
(16) Studies continue to prove that community-based gang
intervention provides long-lasting, cost-effective results and
opportunities for the youth and families most susceptible to
gang violence.
(b) Sense of Congress.--It is the sense of Congress that, in
developing a comprehensive violence reduction strategy, the United
States should acknowledge and address larger, entrenched social
conditions and issues such as poverty, homelessness, inadequate
educational systems, and limited economic opportunities that give rise
to gangs and gang violence.
TITLE I--COMMUNITY-BASED GANG INTERVENTION AGENCIES
SEC. 101. COMMUNITY-BASED GANG INTERVENTION AGENCIES.
The Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) is amended by adding at the end the following new
title:
``TITLE VI--COMMUNITY-BASED GANG INTERVENTION GRANTS
``SEC. 601. PURPOSE.
``The purpose of this title is to offer holistic and comprehensive
support for the variety of community-based gang intervention activities
that focus on and engage active and former gang members, their close
associates, and gang members in and returning from confinement. Gang-
involved youth and their families require specialized intensive and
comprehensive services that address the unique issues encountered by
youth when they become involved with gangs. Community-based gang
intervention involves proactive and reactive responses to gang
activities on several levels, including--
``(1) the regional level, to promote and coordinate peace
truces and cease-fires between groups;
``(2) the State and local level, including community and
the juvenile halls, camps, Division of Juvenile Justice
facilities, county jails, and State prisons; and
``(3) the neighborhood and street level, including with
active gang members individually.
``SEC. 602. SUPPORT OF COMMUNITY-BASED GANG INTERVENTION AGENCIES.
``(a) Support of Community-Based Gang Intervention Agencies.--
Subject to the availability of appropriations, the Administrator shall
award grants to eligible entities to carry out the activities described
in subsection (c).
``(b) Eligible Entity.--For the purposes of this section, an
`eligible entity' means a community-based gang intervention agency that
is a nonprofit organization with a proven track record and expertise in
providing community-based gang intervention activities through a
community-based gang intervention model.
``(c) Grant Activities.--Each entity awarded a grant under this
section shall carry out the following activities:
``(1) Conduct street mediation by working with gang members
and persons with influence over such member to defuse and de-
escalate potential and actual violence internally between gang
members and between rival gangs.
``(2) Develop local and regional truces by creating cease-
fires or nonaggression agreements between rival gangs and
neighborhoods.
``(3) Serve as conduits who facilitate constant dialogue
and maintenance between gangs and neighborhoods.
``(4) Provide services that respond to the high levels of
anxiety experienced by gang members to decompress critical
situations due to traumatic events.
``(5) Provide 24-hour, 7-day-a-week crisis intervention
services by responding to requests for violence prevention
services made by gang members, the families of gang members,
school officials, intervention workers, social service
agencies, or law enforcement.
``(6) Provide targeted training and technical assistance to
violence-plagued communities after a major gang-related
incident.
``(7) Facilitate the development of a community response
plan, including training protocols, situational scene
scenarios, and emergency response.
``(8) Make a reasonable effort to prevent gang-related
rumors from intensifying tension between gangs or igniting
violent responses by gangs.
``(9) Establish relationships with community stakeholders
to inform and engage them in quality-of-life activities that
enhance intervention activities.
``(10) Serve as intervention representatives in communities
by attending local meetings involving nonprofit organizations,
schools, faith-based organizations, and other entities.
``(11) Develop conflict resolution skills and techniques to
address and resolve community concerns related to gang activity
in order to improve the quality of life within neighborhoods.
``(12) Work with schools to respond to gang-related issues
and crises both in and outside of school.
``(13) Provide support services for youth and families
affected by gang violence and other victims of gang violence
(including any individual who is physically, emotionally,
financially, or otherwise harmed by criminal activity, and
those affected by harm done to or by a family member), which
may include--
``(A) advocating for public sector and private
sector assistance and services;
``(B) grief counseling; and
``(C) referrals to treatment and rehabilitation for
cognitive, mental, emotional, physical, or financial
injury, loss, or suffering.
``(14) Provide comprehensive mental health services to
youth and families affected by gang violence or involvement,
including--
``(A) integrated services comprised of individual,
family, and group therapy modalities, and psychological
education provided through youth and parent training
programs; and
``(B) gang-responsive services including skills
training, assessing and servicing youth with
developmental disabilities, behavioral modification,
and services to address substance use and abuse, anger
management, emotional regulation, traumatic stress,
family violence, depression, suicide, anxiety, and
educational problems.
``(15) Provide public and private sector career job
training, development, and placement, including--
``(A) job-finding and job-maintaining skills,
including skills related to resume writing,
interviewing, workplace decorum, interpersonal
communication, and problem-solving;
``(B) information about legal rights in the
workplace; and
``(C) financial literacy.
``(16) Assist with substance use and abuse treatment,
domestic violence victims, and voluntary tattoo removal of
markings on the body related to gang involvement.
``(d) Availability of Victims Assistance.--An entity awarded a
grant under this section that provides victim assistance under
paragraph (13) of subsection (c) shall not discriminate in the
provision of such assistance to an individual based on race, ethnicity,
gender, sexual orientation, socioeconomic level, or past record.
``SEC. 603. DEFINITIONS.
``In this title:
``(1) Community.--Notwithstanding the definition of
`community based' in section 103, the term `community' means a
unit of local government or an Indian Tribe.
``(2) Community-based gang intervention agency.--The term
`community-based gang intervention agency' means a community-
based organization, association, or other entity that--
``(A) promotes public safety, with the specific
objective of reducing and stopping gang-related and
gang-motivated violence and crime; and
``(B) has a history of, or experience or specific
training in, effectively working with gang-involved
youth and their families.
``(3) Community-based gang intervention model.--The term
`community-based gang intervention model' means a holistic and
comprehensive approach to reducing gang violence that utilizes
the two-prong approach of community-based intervention and an
integrated approach of providing rehabilitative service
delivery to gang-involved youth that--
``(A) deploys specialists in community-based gang
intervention who are trained to utilize the two-prong
approach of community-based gang intervention and who
intercede, interact, and participate with and in the
community to quell rumors, prevent and mediate
conflicts, and respond to crises related to gang
activity and violence;
``(B) delivers rehabilitative services to gang-
involved individuals and families; and
``(C) addresses the barriers that gang-involved
youth and their families encounter and the societal
factors that promote gang violence.
``(4) Evidence-based.--The term `evidence-based', when used
with respect to a practice relating to gang activity prevention
and intervention (including community-based gang intervention),
means a practice (including a service, program, or strategy)
that has statistically significant outcomes that include a
reduction in gang-related violence and an increased number of
youth in job development, recreation, arts-based activities, or
faith-based activities. Such outcomes may be determined by--
``(A) an experimental trial, in which participants
are randomly assigned to participate in the practice
that is the subject of the trial; or
``(B) a quasi-experimental trial, in which the
outcomes for participants are compared with outcomes
for a control group that is made up of individuals who
are similar to such participants.
``(5) Gang.--The term `gang' means a group of individuals--
``(A) organized by geography, culture, or activity;
``(B) that have a group name, and may have other
identifying characteristics of the group such as colors
and nicknames; and
``(C) who engage in the use of violence to defend
the members or territory of the group.
``(6) Promising.--The term `promising', when used with
respect to a practice relating to community-based gang
intervention, means a practice that is not evidence-based,
but--
``(A) that has outcomes from an evaluation that
demonstrate that such practice reduces gang-related
violence and crime; or
``(B) about which a study is being conducted to
determine if such practice is evidence-based.
``(7) Youth.--The term `youth' means--
``(A) an individual who is 18 years of age or
younger; or
``(B) in any State in which the maximum age at
which the juvenile justice system of such State has
jurisdiction over individuals exceeds 18 years of age,
an individual who is such maximum age or younger.''.
TITLE II--AMENDMENTS TO THE OFFICE OF JUVENILE JUSTICE AND DELINQUENCY
PREVENTION
SEC. 201. DEFINITION OF COMMUNITY-BASED GANG INTERVENTION.
Section 103 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (1), by inserting ``except when used in
title VI,'' before ``the term'';
(2) in paragraph (28), by striking ``and'' after the
semicolon;
(3) in paragraph (29), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(30) except when used as part of the term `community-
based gang intervention agency' or `community-based gang
intervention model', the term `community-based gang
intervention' means a two-prong approach to reducing gang
violence that--
``(A) provides specialized, gang-specific mediation
and mitigation to stop or prevent violence by, within,
and between gangs; and
``(B) provides the redirection of individual gang
members and their families through proactive efforts
that increase peace and safety for gang members, their
families, and their communities.''.
SEC. 202. COMMUNITY-BASED GANG INTERVENTION REPRESENTATIVE TO STATE
ADVISORY BOARDS.
Section 223(a)(3)(ii) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(ii)) is amended--
(1) in subclause (III), by inserting ``, or community-based
gang intervention'' after ``delinquency prevention or
treatment''; and
(2) in subclause (IV), by inserting ``community-based gang
intervention,'' after ``prevention and treatment,''.
SEC. 203. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.
Section 504 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5783) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (7) and (8) as
paragraphs (8) and (9), respectively; and
(B) by inserting after paragraph (6) the following
new paragraph:
``(7) community-based gang intervention and gang prevention
activities;''; and
(2) in subsection (c)(2), by inserting ``and community-
based gang intervention'' before ``activities;''. | Community-Based Gang Intervention Act This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize grants to nonprofit community-based organizations for community-based gang intervention. It adds a definition for the term "community-based gang intervention." Additionally, the bill modifies the qualifications of State Advisory Group members to include representatives of community-based gang intervention agencies and to specify that a representative of a nonprofit organization includes a person with a special focus on community-based gang intervention. Finally, the bill adds, as a purpose area under the Incentive Grants for Local Delinquency Prevention Programs, providing community-based gang intervention and gang prevention activities to juveniles and their families. | Community-Based Gang Intervention Act |
SECTION 1. AMENDMENTS TO UNITED STATES INSULAR POSSESSION PROGRAM.
(a) Production Certificates.--The additional U.S. Note 5(h) to
chapter 91 of the Harmonized Tariff Schedule of the United States is
amended--
(1) by amending subparagraphs (i) and (ii) to read as
follows:
``(i) In the case of each calendar quarter beginning after January 1,
2001, and before January 1, 2015, the Secretaries jointly,
shall:
``(A) verify for the preceding calendar quarter both the wages
paid by each producer to permanent residents of the
insular possessions (including the value of any fringe
benefits) and the total quantity and value of watches
produced in the insular possessions and imported into
the customs territory of the United States; and
``(B) issue to each producer (not later than 30 days after the
end of the calendar quarter) a certificate for the
applicable amount.
``(ii) For purposes of subparagraph (i), except as provided in
subparagraphs (iii) and (iv), the term `applicable amount'
means an amount equal to the sum of:
``(A) 90 percent of the producer's creditable wages (including
the value of any fringe benefits) on watch assembly
during the preceding calendar quarter (but only the
first 300,000 units per calendar year); plus
``(B) the applicable graduated declining percentage (determined
each year by the Secretaries) of the producer's
creditable wages (including the value of any fringe
benefits) on the assembly during the preceding calendar
quarter for units in excess of 300,000 that calendar
year, but not in excess of 750,000 that calendar year;
plus
``(C) the difference between the duties that would have been
due on the producer's watches (excluding digital
watches) imported into the customs territory of the
United States during the preceding quarter if they had
been imported from a country eligible for normal trade
relations subject to duty at the rates set forth in
column 1 under this chapter that were in effect on
January 1, 2000, and the duties that would have been
due on those watches if they had been imported from the
same country under the tariffs in effect for the
preceding calendar quarter.''; and
(2) by amending subparagraph (v) to read as follows:
``(v)(A) Any certificate issued under subparagraph (i) shall entitle
the certificate holder to secure the refund of duties equal to
the face value of the certificate on watches, watch movements
and, with the exception of discrete cases, parts therefor
imported into the customs territory of the United States by the
certificate holder. Such refunds shall be made under
regulations issued by the Treasury Department. Not more than 5
percent of such refunds may be retained as a reimbursement to
the Customs Service for the administrative costs of making the
refunds. If the Secretary of the Treasury determines that there
is an insufficient level of duties from watch and watch-related
tariffs, the Secretary may authorize refunds of duties
collected on jewelry under chapter 71 or any other duties that
the Secretary determines are appropriate.
``(B) At the election of the certificate holder and upon making the
certification described in this clause, the Secretary of the
Treasury shall pay to the holder the face value of the
certificate, less the value of (1) any duty refund claimed by
the holder under the certificate, plus (2) a discount of not
more than 2 percent of the face value of the certificate, as
determined by the Secretary of the Treasury. A certificate
holder shall not be eligible for direct payment under this
clause unless the certificate holder certifies to the
Secretaries that the funds received will be reinvested or
utilized to support and continue employment in the Virgin
Islands.
``(C) The Secretary of the Treasury is authorized to make the payments
provided for in clause (B) from duties collected on watches,
watch movements and, with the exception of discrete cases,
parts therefor. If such duties are insufficient, the Secretary
of the Treasury is authorized to make those payments from
duties collected on jewelry under chapter 71 or any other
duties that the Secretary determines are appropriate.''.
(b) Jewelry.--Additional U.S. Note to chapter 71 of the Harmonized
Tariff Schedule of the United States is amended--
(1) by redesignating paragraphs (b), (c), (d), and (e) as
paragraphs (c), (d), (e), and (f), respectively;
(2) by inserting after paragraph (a) the following new
paragraph:
``(b) The 750,000 unit limitation in additional U.S. Note 5(h)(ii)(B)
to chapter 91 shall not apply to articles of jewelry subject to
this note.''; and
(3) by striking paragraph (f), as so redesignated, and
inserting the following:
``(f) Notwithstanding any other provision of law, prior to February 9,
2003, any article of jewelry provided for in heading 7113 that
is assembled in the Virgin Islands, Guam, or American Samoa
shall be treated as a product of the Virgin Islands, Guam, or
American Samoa for purposes of this note and General Note
3(a)(iv) of this Schedule.''.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall take effect on April 1, 2001,
with respect to goods imported into the customs territory of the United
States on or after January 1, 2001. | Directs the Secretary of the Treasury, at the election of the certificate holder, to pay to the holder the face value of the certificate, less the value of any duty refund claimed by the holder under the certificate, plus a discount of not more than two percent of the face value of the certificate as determined by the Secretary of the Treasury. | To amend the Harmonized Tariff Schedule of the United States with respect to the production incentive certificate program for watch and jewelry producers in the United States Virgin Islands, Guam, and American Samoa. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Postal Services Act''.
SEC. 2. MODIFIED PROCEDURES.
(a) In General.--Section 404(d) of title 39, United States Code, is
amended by striking the matter before paragraph (5) and inserting the
following:
``(d)(1) Before making any determination under subsection (a)(3) to
close or consolidate a postal facility, the Postal Service shall
conduct an investigation to assess the need for the proposed closure or
consolidation and shall provide appropriate notice to the persons
served by such postal facility to ensure that such persons will have an
opportunity to present their views. Such notice shall be made to each
person by mail, as well as by publication in newspapers of general
circulation in the area within which such persons reside.
``(2) In deciding whether or not to close or consolidate a postal
facility, the Postal Service--
``(A) shall consider--
``(i) the effect such closing or consolidation
would have on the community served by such postal
facility;
``(ii) the effect such closing or consolidation
would have on employees of the Postal Service employed
at such postal facility; and
``(iii) whether such closing or consolidation would
be consistent with the policy of the Government, as
stated in section 101(b), that the Postal Service shall
provide a maximum degree of effective and regular
postal services to rural areas, communities, and small
towns where post offices are not self-sustaining; and
``(B) may not consider compliance with any provision of the
Occupational Safety and Health Act of 1970.
``(3)(A) A decision to proceed with the proposal to close or
consolidate, following an investigation under paragraph (1), shall be
made in writing and shall include the findings of the Postal Service
with respect to each of the considerations specified in paragraph
(2)(A).
``(B) Notice of the decision and findings under subparagraph (A)
shall be posted prominently in each postal facility that would be
affected, and notice of the posting shall be sent by mail to all
persons served by such postal facility, at least 90 days before a final
determination is made, to ensure that such persons will have an
opportunity to submit comments.
``(C) Any posting under subparagraph (B) shall include the
following: `This is notice of a proposal to _____ this postal facility.
A final determination will not be made before the end of the 90-day
period beginning on the date on which this notice is first posted.',
with the blank space being filled in with `close' or `consolidate'
(whichever is appropriate), and with instructions for how any
interested person may submit comments.
``(4) A final determination to close or consolidate a postal
facility shall be made, in writing, after taking into consideration any
comments received in the course of the 90-day period referred to in
paragraph (3). The Postal Service shall take no action to close or
consolidate a postal facility before the end of the 60-day period
beginning on the date as of which the Postal Service--
``(A) posts a copy of its final determination in a
prominent location in each affected postal facility; and
``(B) sends to all persons served by such postal facility--
``(i) a notice of such determination; and
``(ii) notice of any appeal rights available with
respect to such determination.''.
(b) Suspension Pending Appeal.--Section 404(d)(5) of title 39,
United States Code, is amended in the next to last sentence by striking
``may suspend'' and inserting ``shall suspend''.
(c) Exception.--Section 404(d) of title 39, United States Code, is
amended by adding at the end the following:
``(7) The preceding provisions of this subsection shall not apply
in the case of a closing or consolidation which occurs--
``(A) by reason of an emergency suspension, as defined
under regulations of the Postal Service; or
``(B) in the case of a leased facility, by reason of the
termination or cancellation of the lease by a party other than
the Postal Service.''.
SEC. 3. DEFINITIONS.
Section 404 of title 39, United States Code, is amended by adding
at the end the following:
``(f) For purposes of subsection (d)--
``(1) the term `postal facility' includes an office,
branch, station, or other facility which--
``(A) is operated by the Postal Service; and
``(B) provides services to persons described in
paragraph (2); and
``(2) any reference to the persons served by a postal
facility shall include any postal patrons receiving mail
delivery service from such postal facility, residents within
any ZIP code served by such postal facility, postal patrons
having post office boxes at such postal facility, and the
relevant local government officials (as defined under
regulations of the Postal Service).''. | Access to Postal Services Act - Modifies the procedures the U.S. Postal Service must follow in connection with the closing or consolidation of any postal facility, including: (1) requiring an assessment of the need for the closure or consolidation; (2) eliminating a requirement to consider the resulting Postal Service economic savings; (3) requiring a posting in each affected postal facility at least 90 days before the final decision is made; and (4) requiring (under current law, allowing) suspension of the determination pending an appeal to the Postal Regulatory Commission. Exempts emergency suspensions (as defined under Postal Service regulations) or lease termination or cancellation by a party other than the Postal Service.
Defines "postal facility," for the provisions amended by this Act, to include an office, branch, station, or other facility operated by the Postal Service. | To amend title 39, United States Code, to modify the procedures governing the closure or consolidation of postal facilities. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Neighbors in Need
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
Sec. 101. Additional weeks of benefits.
Sec. 102. Program extension in States with high unemployment.
TITLE II--FEDERAL UNEMPLOYMENT BENEFIT SYSTEM REFORMS
Sec. 201. Increase and decrease in earnings credited to State accounts
when States meet or fail to meet funding
goals.
Sec. 202. Interest-free advances to State accounts in Unemployment
Trust Fund restricted to States which meet
funding goals.
TITLE III--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
Sec. 301. 2-year suspension of tax on unemployment compensation.
Sec. 302. State collection of Federal unemployment tax.
Sec. 303. Required distribution of State-specific information packets.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
SEC. 101. ADDITIONAL WEEKS OF BENEFITS.
(a) In General.--Section 203 of the Temporary Extended Unemployment
Compensation Act of 2002 is amended by adding at the end the following:
``(d) Additional Weeks of Benefits.--Notwithstanding any other
provision of this section, upon the exhaustion of all amounts that may
be credited to an individual's account under the preceding provisions
of this section, such account shall be increased by an amount equal to
8 times the individual's average weekly benefit amount for the benefit
year (as determined under subsection (b)(2)).''.
(b) Effective Date and Applicability.--The amendment made by
subsection (a)--
(1) shall take effect as if included in the enactment of
the Temporary Extended Unemployment Compensation Act of 2002,
and shall apply to weeks of unemployment beginning on or after
the date of the enactment of this Act, but
(2) shall not apply in the case of any individual whose
eligibility for additional weeks of benefits would be based on
an exhaustion of amounts (as required under such amendment)
occurring on or after the date of the enactment of this Act.
SEC. 102. PROGRAM EXTENSION IN STATES WITH HIGH UNEMPLOYMENT.
(a) Applicability.--This section applies only to any State with
respect to which, during the last week in December 2003, an extended
benefit period (as described in section 203 of the Federal-State
Extended Unemployment Compensation Act of 1970)--
(1) is in effect; or
(2) would be in effect, if subsection (d) of such section
203 were applied by substituting--
(A) ``100'' for ``120'' in paragraph (1)(A); and
(B) ``3.5'' for ``5'' in paragraph (1)(B) and the
first flush sentence following paragraph (2).
(b) Extension.--In the case of each State that satisfies subsection
(a), section 208 of the Temporary Extended Unemployment Compensation
Act of 2002 shall be applied as if it had been amended--
(1) in subsection (a)(2), by striking ``December 31, 2003''
and inserting ``March 31, 2004'';
(2) in subsection (b)(1), by striking ``December 31, 2003''
and inserting ``March 31, 2004'';
(3) in subsection (b)(2)--
(A) in the heading, by striking ``december 31,
2003'' and inserting ``march 31, 2004''; and
(B) by striking ``December 31, 2003'' and inserting
``March 31, 2004''; and
(4) in subsection (b)(3), by striking ``March 31, 2004''
and inserting ``June 30, 2004''.
(c) Definitions.--For purposes of this section, the terms ``State''
and ``week'' have the respective meanings given such terms under
section 207 of the Temporary Extended Unemployment Compensation Act of
2002.
(d) Rule of Construction.--Nothing in this Act shall be considered
to limit, terminate, or otherwise affect any unemployment benefits
provided under section 4002 of the Emergency Wartime Supplemental
Appropriations Act, 2003.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Temporary Extended
Unemployment Compensation Act of 2002.
TITLE II--FEDERAL UNEMPLOYMENT BENEFIT SYSTEM REFORMS
SEC. 201. INCREASE AND DECREASE IN EARNINGS CREDITED TO STATE ACCOUNTS
WHEN STATES MEET OR FAIL TO MEET FUNDING GOALS.
(a) In General.--Section 904 of the Social Security Act (42 U.S.C.
1104) is amended by adding at the end the following new subsection:
``Increase and Decrease in Amount of Earnings Allocated to State
Accounts When States Meet or Fail to Meet Funding Goals
``(h)(1) If the average daily balance in a State account in the
Unemployment Trust Fund for any calendar quarter exceeds the funding
goal of such State, the amount otherwise creditable to such account
under subsection (e) for such quarter shall be increased by the
interest premium on such excess. If the average daily balance in such a
State account for any calendar quarter is less than the funding goal of
such State, the amount otherwise creditable to such account under
subsection (e) for such quarter shall be decreased by the interest
penalty.
``(2) Paragraph (1) shall not apply with respect to any interest
premium or interest penalty to the extent that such application would
result in an increase or decrease of more than $2,500,000 in the amount
creditable to any State account for any calendar quarter.
``(3) For purposes of this subsection, the term `interest premium'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the average daily balance in the State
account in the Unemployment Trust Fund over the funding goal of
such State, one-half of one percent of the amount of such
excess, and
``(B) with respect to each other State, the product of--
``(i) the amount of the excess of the average daily
balance in the State account in the Unemployment Trust
Fund over the funding goal of such State, and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of such excess,
bears to
``(II) the percentage value of the excess
of the State referred to in subparagraph (A).
The Secretary shall make appropriate adjustments in the interest
premium for any calendar quarter if the aggregate interest premiums
payable for such quarter exceed the aggregate interest penalties for
such quarter.
``(4) For purposes of this subsection, the term `interest penalty'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the funding goal of such State over the
average daily balance in the State account in the Unemployment
Trust Fund, one-half of one percent of the amount otherwise
creditable to such account under subsection (e), and
``(B) with respect to each other State, the product of--
``(i) the amount otherwise creditable to such
account under subsection (e), and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of the excess of
the funding goal of the State over such average
daily balance of such State, bears to
``(II) the percentage value of such excess
of the State referred to in subparagraph (A).
``(5) For purposes of this subsection, the term `funding goal'
means, for any State for any calendar quarter, the average of the
unemployment insurance benefits paid by such State during each of the 3
years, in the 20-year period ending with the calendar year containing
such calendar quarter, during which the State paid the greatest amount
of unemployment benefits.
``(6) For purposes of this subsection, the term `percentage value'
means--
``(A) with respect to any excess of the average daily
balance in a State account in the Unemployment Trust Fund over
the funding goal of such State, the percentage which such
excess bears to such funding goal, and
``(B) with respect to any excess of such funding goal over
such average daily balance, the percentage which such excess
bears to such funding goal.''.
(b) Conforming Amendments.--
(1) Amounts credited to state accounts.--Subsection (e) of
section 904 of the Social Security Act (42 U.S.C. 1104(e)) is
amended in the first sentence by inserting ``(as modified by
subsection (h))'' after ``a proportionate part''.
(2) Interest rate on repayment of advances determined
without regard to interest premiums or penalties on amounts
credited to state accounts.--Subparagraph (A) of section
1202(b)(4) of such Act (42 U.S.C. 1322(b)(4)) is amended by
inserting ``(determined without regard to section 904(h))''
after ``preceding calendar year''.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Labor shall submit to the
Congress a report recommending sources of funding for the crediting of
interest premiums under subsection (h) of section 904 of the Social
Security Act (42 U.S.C. 1104), as added by this section, in the event
that the imposition of interest penalties under such subsection is
insufficient to fund such premiums.
(d) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2007.
SEC. 202. INTEREST-FREE ADVANCES TO STATE ACCOUNTS IN UNEMPLOYMENT
TRUST FUND RESTRICTED TO STATES WHICH MEET FUNDING GOALS.
(a) In General.--Subparagraph (C) of section 1202(b)(2) of the
Social Security Act (42 U.S.C. 1322(b)(2)) is amended to read as
follows:
``(C) the average daily balance in the account of such
State in the Unemployment Trust Fund for each of 4 of the 5
calendar quarters preceding the calendar quarter in which such
advances were made exceeds the funding goal of such State (as
defined in section 904(h)).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to calendar years beginning after the date of the enactment of
this Act.
TITLE III--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
SECTION 301. 2-YEAR SUSPENSION OF TAX ON UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 85 of the Internal Revenue Code of 1986
(relating to unemployment compensation) is amended by adding at the end
the following new subsection:
``(c) Moratorium.--This section shall not apply to taxable years
beginning in 2004 or 2005.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 302. STATE COLLECTION OF FEDERAL UNEMPLOYMENT TAX.
(a) In General.--Chapter 23 of the Internal Revenue Code of 1986
(relating to Federal Unemployment Tax Act) is amended by redesignating
section 3311 as section 3312 and by inserting after section 3310 the
following new section:
``SEC. 3311. STATE COLLECTION OF TAX.
``(a) In General.--At the election of any State which is certified
as provided in section 3304, each employer who pays contributions, with
respect to any wages, into an unemployment fund maintained under the
unemployment compensation law of such State shall submit the tax
imposed by this chapter with respect to such wages to such State rather
than to the Secretary.
``(b) Coordination With Depositary Requirements.--Payment under
subsection (a) of the tax imposed by this chapter with respect to any
wages shall be treated as timely paid for purposes of this title if
paid by the employer to the State at the same time as a timely paid
payment, with respect to such wages, of contributions into an
unemployment fund maintained under the unemployment compensation law of
such State.
``(c) Exception for Payments Not Timely Paid.--Subsection (a) shall
not apply to any payment of the tax imposed by this chapter which is
not paid by an employer on or before the last date on which such
payment would be treated as timely paid under subsection (b).
``(d) Federal Tax Transferred to Secretary.--Each State making an
election under subsection (a) shall transmit to the Secretary, at the
time and in the manner prescribed by the Secretary, the amount of the
tax imposed by this chapter which is submitted to such State under
subsection (a) and a copy of the State tax return of each employer
making such a submission. The Secretary may, after consultation with
such organizations or other entities as the Secretary considers
appropriate, prescribe regulations requiring that additional
information be submitted by such State with respect to the amount of
such tax payable by such employer.''
(b) Clerical Amendment.--The table of sections for chapter 23 of
such Code is amended by striking the item relating to section 3311 and
inserting the following new items:
``Sec. 3311. State collection of tax.
``Sec. 3312. Short title.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 303. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS.
(a) In General.--Subsection (a) of section 3304 of the Internal
Revenue Code of 1986 (relating to approval of State laws) is amended by
striking ``and'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``; and'', and by adding at
the end the following new paragraph:
``(20) the State will distribute to unemployed individuals
State-specific information packets explaining unemployment
insurance eligibility conditions.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to certifications of States for 2004, except that section
3304(a)(20) of such Code, as added by subsection (a), shall not be a
requirement for the State law of any State prior to July 1, 2005, if
the legislature of such State does not meet in a regular session which
closes during the calendar year 2004. | Neighbors in Need Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to: (1) extend the TEUCA program in States with high unemployment (States that already qualify for the TEUC-X program (under which second tier benefit amounts are deposited in an individual's account) or would if the trigger for such program were changed) through March 31, 2004, with a phase-out period through June 30, 2004; and (2) provide eight additional weeks of TEUC benefits to those who have exhausted theirs before enactment of this Act.
Amends the Social Security Act to require: (1) increases and decreases in the earnings allocated to State accounts when States meet or fail to meet funding goals; and (2) interest-free advances to State accounts in the Unemployment Trust Fund to be restricted to States which meet funding goals.
Amends the Internal Revenue Code to: (1) suspend the tax on individual unemployment compensation for 2004 and 2005; (2) allow certified States to elect to collect Federal unemployment taxes, under the Federal Unemployment Tax Act (FUTA); and (3) require States to distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions. | To provide for additional benefits under the Temporary Extended Unemployment Compensation Act of 2002, to extend the Federal unemployment benefits system, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make College Affordable Act of
2001''.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Deduction Allowed.--Section 221 of the Internal Revenue Code of
1986 is amended to read as follows:
``SEC. 221. HIGHER EDUCATION EXPENSES.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction an amount equal to--
``(1) the qualified higher education expenses, and
``(2) interest on qualified higher education loans,
paid by the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Per student.--The aggregate payments during the
taxable year for the qualified higher education expenses of
each individual which may be taken into account under
subsection (a) shall not exceed $10,000.
``(2) Per taxpayer.--The amount allowed as a deduction
under subsection (a) for the taxable year shall not exceed
$20,000.
``(3) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount which would (but for
this paragraph) be taken into account under subsection
(a) shall be reduced (but not below zero) by the amount
determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to the amount which would be so taken
into account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $55,000 ($85,000 in the case
of a joint return), bears to
``(ii) $15,000.
``(C) Modified adjusted gross income.--For purposes
of this paragraph, the term `modified adjusted gross
income' means the adjusted gross income of the taxpayer
for the taxable year determined--
``(i) without regard to this section and
sections 911, 931, and 933, and
``(ii) after the application of sections
86, 135, 219, 220, and 469.
For purposes of the sections referred to in clause
(ii), adjusted gross income shall be determined without
regard to the deduction allowed under this section.
``(D) Inflation adjustments.--
``(i) In general.--In the case of a taxable
year beginning after 2002, the $55,000 and
$85,000 amounts described in subparagraph (B)
shall each be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2001' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $5,000,
such amount shall be rounded to the next lowest
multiple of $5,000.
``(c) Qualified Higher Education Expenses.--For purposes of this
section--
``(1) Qualified higher education expenses.--
``(A) In general.--The term `qualified higher
education expenses' means--
``(i) tuition and fees charged by an
educational institution and required for the
enrollment or attendance of--
``(I) the taxpayer,
``(II) the taxpayer's spouse,
``(III) any dependent of the
taxpayer with respect to whom the
taxpayer is allowed a deduction under
section 151, or
``(IV) any grandchild of the
taxpayer,
as an eligible student at an institution of
higher education, and
``(ii) room and board for such an
individual while away from home and attending
such institution.
``(B) Eligible courses.--Amounts paid for qualified
higher education expenses of any individual shall be
taken into account under subsection (a) only to the
extent such expenses are attributable to courses of
instruction for which credit is allowed toward a
baccalaureate or graduate degree by an institution of
higher education or toward a certificate of required
course work at a vocational school.
``(C) Exception for nonacademic fees.--Such term
does not include any student activity fees, athletic
fees, insurance expenses, or other expenses unrelated
to a student's academic course of instruction.
``(D) Eligible student.--For purposes of
subparagraph (A), the term `eligible student' means a
student who--
``(i) meets the requirements of section
484(a)(1) of the Higher Education Act of 1965
(20 U.S.C. 1091(a)(1)), as in effect on the
date of the enactment of this section, and
``(ii) is carrying at least one-half the
normal full-time work load for the course of
study the student is pursuing, as determined by
the institution of higher education.
``(E) Identification requirement.--No deduction
shall be allowed under subsection (a) to a taxpayer
with respect to an eligible student unless the taxpayer
includes the name, age, and taxpayer identification
number of such eligible student on the return of tax
for the taxable year.
``(2) Institution of higher education.--The term
`institution of higher education' means an institution which--
``(A) is described in section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088), as in effect on
the date of the enactment of this section, and
``(B) is eligible to participate in programs under
title IV of such Act.
``(d) Qualified Higher Education Loan.--For purposes of this
section--
``(1) In general.--The term `qualified higher education
loan' means a loan which is--
``(A) made, insured, or guaranteed by the Federal
Government,
``(B) made by a State or a political subdivision of
a State,
``(C) made from the proceeds of a qualified student
loan bond under section 144(b), or
``(D) made by an institution of higher education
(as defined in section 1201(a) of the Higher Education
Act of 1965 (20 U.S.C. 1141(a))).
``(2) Limitation.--The amount of interest on a qualified
higher education loan which is taken into account under
subsection (a)(2) shall not exceed the amount which bears the
same ratio to such amount of interest as--
``(A) the proceeds from such loan used for
qualified higher education expenses, bears to
``(B) the total proceeds from such loan.
For purposes of the preceding sentence, the term `qualified
higher education expenses' shall be determined without regard
to subsection (c)(1)(A)(i)(IV).
``(e) Special Rules.--
``(1) No double benefit.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for any expense for which a
deduction is allowable to the taxpayer under any other
provision of this chapter unless the taxpayer
irrevocably waives his right to the deduction of such
expense under such other provision.
``(B) Denial of deduction if credit elected.--No
deduction shall be allowed under subsection (a) for a
taxable year with respect to the qualified higher
education expenses of an individual if the taxpayer
elects to have section 25A apply with respect to such
individual for such year.
``(C) Dependents.--No deduction shall be allowed
under subsection (a) to any individual with respect to
whom a deduction under section 151 is allowable to
another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year
begins.
``(D) Coordination with exclusions.--A deduction
shall be allowed under subsection (a) for qualified
higher education expenses only to the extent the amount
of such expenses exceeds the amount excludable under
section 135 or 530(d)(2) for the taxable year.
``(2) Limitation on taxable year of deduction.--
``(A) In general.--A deduction shall be allowed
under subsection (a) for qualified higher education
expenses for any taxable year only to the extent such
expenses are in connection with enrollment at an
institution of higher education during the taxable
year.
``(B) Certain prepayments allowed.--Subparagraph
(A) shall not apply to qualified higher education
expenses paid during a taxable year if such expenses
are in connection with an academic term beginning
during such taxable year or during the first 3 months
of the next taxable year.
``(3) Adjustment for certain scholarships and veterans
benefits.--The amount of qualified higher education expenses
otherwise taken into account under subsection (a) or (d)(2)
with respect to the education of an individual shall be reduced
(before the application of subsection (b)) by the sum of the
amounts received with respect to such individual for the
taxable year as--
``(A) a qualified scholarship which under section
117 is not includable in gross income,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for educational expenses, or attributable to
enrollment at an eligible educational institution,
which is exempt from income taxation by any law of the
United States.
``(4) No deduction for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(5) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(6) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this section, including regulations requiring recordkeeping and
information reporting.''
(b) Deduction Allowed in Computing Adjusted Gross Income.--
Paragraph (17) of section 62(a) of such Code is amended to read as
follows:
``(17) Higher education expenses.--The deduction allowed by
section 221.''
(c) Conforming Amendments.--
(1) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 221 and inserting the following new item:
``Sec. 221. Higher education expenses.''
(2) Section 6050S(e) of such Code is amended by striking
``such term by section 221(e)(1)'' and inserting ``the term
`qualified higher education loan' by section 221(d)(1)''.
(d) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 2000. | Make College Affordable Act of 2001 - Amends the Internal Revenue Code to allow the deduction of qualified higher education expenses and interest on qualified higher education loans. Sets forth a per student limitation, a per taxpayer limitation, and a limitation based on modified adjusted gross income. | To amend the Internal Revenue Code of 1986 to make higher education more affordable by providing a full tax deduction for higher education expenses and interest on student loans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Developing Innovation and Growing
the Internet of Things Act'' or ``DIGIT Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds that--
(1) the Internet of Things refers to the growing number of
connected and interconnected devices;
(2) estimates indicate that more than 50,000,000,000
devices will be connected to the Internet by 2020;
(3) the Internet of Things has the potential to generate
trillions of dollars in new economic activity around the world;
(4) businesses across the United States can develop new
services and products, improve operations, simplify logistics,
cut costs, and pass savings on to consumers by utilizing the
Internet of Things and related innovations;
(5) the United States leads the world in the development of
technologies that support the Internet and the United States
technology sector is well-positioned to lead in the development
of technologies for the Internet of Things;
(6) the United States Government can implement this
technology to better deliver services to the public; and
(7) the Senate unanimously passed Senate Resolution 110,
114th Congress, agreed to March 24, 2015, calling for a
national strategy for the development of the Internet of
Things.
(b) Sense of Congress.--It is the sense of Congress that policies
governing the Internet of Things should maximize the potential and
development of the Internet of Things to benefit all stakeholders,
including businesses, governments, and consumers.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(3) Steering committee.--The term ``steering committee''
means the steering committee established under section 4(e)(1).
(4) Working group.--The term ``working group'' means the
working group convened under section 4(a).
SEC. 4. FEDERAL WORKING GROUP.
(a) In General.--The Secretary shall convene a working group of
Federal stakeholders for the purpose of providing recommendations and a
report to Congress relating to the aspects of the Internet of Things
described in subsection (b).
(b) Duties.--The working group shall--
(1) identify any Federal regulations, statutes, grant
practices, budgetary or jurisdictional challenges, and other
sector-specific policies that are inhibiting, or could inhibit,
the development of the Internet of Things;
(2) consider policies or programs that encourage and
improve coordination among Federal agencies with jurisdiction
over the Internet of Things;
(3) consider any findings or recommendations made by the
steering committee and, where appropriate, act to implement
those recommendations; and
(4) examine--
(A) how Federal agencies can benefit from utilizing
the Internet of Things;
(B) the use of Internet of Things technology by
Federal agencies as of the date on which the working
group performs the examination;
(C) the preparedness and ability of Federal
agencies to adopt Internet of Things technology in the
future; and
(D) any additional security measures that Federal
agencies may need to take to--
(i) safely and securely use the Internet of
Things, including measures that ensure the
security of critical infrastructure; and
(ii) enhance the resiliency of Federal
systems against cyber threats to the Internet
of Things.
(c) Agency Representatives.--In convening the working group under
subsection (a), the Secretary shall have discretion to appoint
representatives and shall specifically consider seeking representation
from--
(1) the Department of Commerce, including--
(A) the National Telecommunications and Information
Administration;
(B) the National Institute of Standards and
Technology; and
(C) the National Oceanic and Atmospheric
Administration;
(2) the Department of Transportation;
(3) the Department of Homeland Security;
(4) the Office of Management and Budget;
(5) the National Science Foundation;
(6) the Commission;
(7) the Federal Trade Commission;
(8) the Office of Science and Technology Policy;
(9) the Department of Energy; and
(10) the Federal Energy Regulatory Commission.
(d) Nongovernmental Stakeholders.--The working group shall consult
with nongovernmental stakeholders, including--
(1) the steering committee;
(2) information and communications technology
manufacturers, suppliers, service providers, and vendors;
(3) subject matter experts representing industrial sectors
other than the technology sector that can benefit from the
Internet of Things, including the energy, agriculture, and
health care sectors;
(4) small, medium, and large businesses;
(5) think tanks and academia;
(6) nonprofit organizations and consumer groups;
(7) rural stakeholders; and
(8) other stakeholders with relevant expertise, as
determined by the Secretary.
(e) Steering Committee.--
(1) Establishment.--There is established within the
Department of Commerce a steering committee to advise the
working group.
(2) Duties.--The steering committee shall advise the
working group with respect to--
(A) the identification of any Federal regulations,
statutes, grant practices, programs, budgetary or
jurisdictional challenges, and other sector-specific
policies that are inhibiting, or could inhibit, the
development of the Internet of Things;
(B) whether adequate spectrum is available to
support the growing Internet of Things and what legal
or regulatory barriers may exist to providing any
spectrum needed in the future;
(C) policies or programs that--
(i) promote or are related to the privacy
of individuals who use or are affected by the
Internet of Things;
(ii) may enhance the security of the
Internet of Things, including the security of
critical infrastructure;
(iii) may protect users of the Internet of
Things; and
(iv) may encourage coordination among
Federal agencies with jurisdiction over the
Internet of Things;
(D) the opportunities and challenges associated
with the use of Internet of Things technology by small
businesses; and
(E) any international proceeding, international
negotiation, or other international matter affecting
the Internet of Things to which the United States is or
should be a party.
(3) Membership.--The Secretary shall appoint to the
steering committee members representing a wide range of
stakeholders outside of the Federal Government with expertise
relating to the Internet of Things, including--
(A) information and communications technology
manufacturers, suppliers, service providers, and
vendors;
(B) subject matter experts representing industrial
sectors other than the technology sector that can
benefit from the Internet of Things, including the
energy, agriculture, and health care sectors;
(C) small, medium, and large businesses;
(D) think tanks and academia;
(E) nonprofit organizations and consumer groups;
(F) rural stakeholders; and
(G) other stakeholders with relevant expertise, as
determined by the Secretary.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the steering committee shall submit to
the working group a report that includes any findings or
recommendations of the steering committee.
(5) Independent advice.--
(A) In general.--The steering committee shall set
the agenda of the steering committee in carrying out
the duties of the steering committee under paragraph
(2).
(B) Suggestions.--The working group may suggest
topics or items for the steering committee to study,
and the steering committee shall take those suggestions
into consideration in carrying out the duties of the
steering committee.
(C) Report.--The steering committee shall ensure
that the report submitted under paragraph (4) is the
result of the independent judgment of the steering
committee.
(6) Termination.--The steering committee shall terminate on
the date on which the working group submits the report under
subsection (f) unless, on or before that date, the Secretary
files a new charter for the steering committee under section
9(c) of the Federal Advisory Committee Act (5 U.S.C. App.).
(f) Report to Congress.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the working group shall submit to
Congress a report that includes--
(A) the findings and recommendations of the working
group with respect to the duties of the working group
under subsection (b);
(B) the report submitted by the steering committee
under subsection (e)(4), as the report was received by
the working group;
(C) recommendations for action or reasons for
inaction, as applicable, with respect to each
recommendation made by the steering committee in the
report submitted under subsection (e)(4); and
(D) an accounting of any progress made by Federal
agencies to implement recommendations made by the
working group or the steering committee.
(2) Copy of report.--The working group shall submit a copy
of the report described in paragraph (1) to--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Energy and Natural
Resources of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives; and
(C) any other committee of Congress, upon request
to the working group.
SEC. 5. ASSESSING SPECTRUM NEEDS.
(a) In General.--The Commission, in consultation with the National
Telecommunications and Information Administration, shall issue a notice
of inquiry seeking public comment on the current, as of the date of
enactment of this Act, and future spectrum needs of the Internet of
Things.
(b) Requirements.--In issuing the notice of inquiry under
subsection (a), the Commission shall seek comments that consider and
evaluate--
(1) whether adequate spectrum is available to support the
growing Internet of Things;
(2) what regulatory barriers may exist to providing any
needed spectrum for the Internet of Things; and
(3) what the role of licensed and unlicensed spectrum is
and will be in the growth of the Internet of Things.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report summarizing the
comments submitted in response to the notice of inquiry issued under
subsection (a).
Passed the Senate August 3, 2017.
Attest:
JULIE E. ADAMS,
Secretary. | Developing Innovation and Growing the Internet of Things Act or the DIGIT Act (Sec. 2) This bill expresses the sense of Congress that policies governing the Internet of Things (IoT) should maximize the potential and development of the growing number of connected and interconnected devices to benefit businesses, governments, and consumers. (Sec. 4) The Department of Commerce must convene a working group of federal stakeholders to provide recommendations and a report to Congress regarding the IoT. The bill establishes a steering committee to be composed of stakeholders outside the federal government to advise the working group. The working group must: (1) identify federal laws and regulations, grant practices, budgetary or jurisdictional challenges, and other sector-specific policies that inhibit IoT development; (2) consider policies or programs that encourage and improve coordination among federal agencies with IoT jurisdiction; (3) implement recommendations from the steering committee; (4) examine how federal agencies can benefit from, use, prepare for, and secure the IoT; and (5) consult with nongovernmental stakeholders. The steering committee must advise the working group about laws, budgets, spectrum needs, individual privacy, security, small business challenges, and any international proceedings or negotiations affecting the IoT. Within 18 months after enactment of this bill, the working group must report its findings and recommendations, its reasons for inaction on steering committee recommendations, and an accounting of any progress by federal agencies to implement recommendations. (Sec. 5) The Federal Communications Commission must: (1) seek public comment on the IoT's spectrum needs, regulatory barriers, and growth with licensed and unlicensed spectrum; and (2) submit a summary of those comments to Congress. | Developing Innovation and Growing the Internet of Things Act |
SECTION 1. 7.
This Act may be cited as the ``Indian Arts and Crafts Amendments
Act of 2008''.
SEC. 2. INDIAN ARTS AND CRAFTS.
(a) Criminal Proceedings; Civil Actions; Misrepresentations.--
Section 5 of the Act entitled ``An Act to promote the development of
Indian arts and crafts and to create a board to assist therein, and for
other purposes'' (25 U.S.C. 305d) is amended to read as follows:
``SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS.
``(a) Definition of Federal Law Enforcement Officer.--In this
section, the term `Federal law enforcement officer' includes a Federal
law enforcement officer (as defined in section 115(c) of title 18,
United States Code).
``(b) Authority To Conduct Investigations.--Any Federal law
enforcement officer shall have the authority to conduct an
investigation relating to an alleged violation of this Act occurring
within the jurisdiction of the United States.
``(c) Criminal Proceedings.--
``(1) Investigation.--
``(A) In general.--The Board may refer an alleged
violation of section 1159 of title 18, United States
Code, to any Federal law enforcement officer for
appropriate investigation.
``(B) Referral not required.--A Federal law
enforcement officer may investigate an alleged
violation of section 1159 of that title regardless of
whether the Federal law enforcement officer receives a
referral under subparagraph (A).
``(2) Findings.--The findings of an investigation of an
alleged violation of section 1159 of title 18, United States
Code, by any Federal department or agency under paragraph
(1)(A) shall be submitted, as appropriate, to--
``(A) a Federal or State prosecuting authority; or
``(B) the Board.
``(3) Recommendations.--On receiving the findings of an
investigation under paragraph (2), the Board may--
``(A) recommend to the Attorney General that
criminal proceedings be initiated under section 1159 of
title 18, United States Code; and
``(B) provide such support to the Attorney General
relating to the criminal proceedings as the Attorney
General determines to be appropriate.
``(d) Civil Actions.--In lieu of, or in addition to, any criminal
proceeding under subsection (c), the Board may recommend that the
Attorney General initiate a civil action under section 6.''.
(b) Cause of Action for Misrepresentation.--Section 6 of the Act
entitled ``An Act to promote the development of Indian arts and crafts
and to create a board to assist therein, and for other purposes'' (25
U.S.C. 305e) is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively;
(3) by inserting before subsection (b) (as redesignated by
paragraph (2)) the following:
``(a) Definitions.--In this section:
``(1) Indian.--The term `Indian' means an individual that--
``(A) is a member of an Indian tribe; or
``(B) is certified as an Indian artisan by an
Indian tribe.
``(2) Indian product.--The term `Indian product' has the
meaning given the term in any regulation promulgated by the
Secretary.
``(3) Indian tribe.--
``(A) In general.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
``(B) Inclusion.--The term `Indian tribe' includes,
for purposes of this section only, an Indian group that
has been formally recognized as an Indian tribe by--
``(i) a State legislature;
``(ii) a State commission; or
``(iii) another similar organization vested
with State legislative tribal recognition
authority.
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior.'';
(4) in subsection (b) (as redesignated by paragraph (2)),
by striking ``subsection (c)'' and inserting ``subsection
(d)'';
(5) in subsection (c) (as redesignated by paragraph (2))--
(A) by striking ``subsection (a)'' and inserting
``subsection (b)''; and
(B) by striking ``suit'' and inserting ``the civil
action'';
(6) by striking subsection (d) (as redesignated by
paragraph (2)) and inserting the following:
``(d) Persons That May Initiate Civil Actions.--
``(1) In general.--A civil action under subsection (b) may
be initiated by--
``(A) the Attorney General, at the request of the
Secretary acting on behalf of--
``(i) an Indian tribe;
``(ii) an Indian; or
``(iii) an Indian arts and crafts
organization;
``(B) an Indian tribe, acting on behalf of--
``(i) the Indian tribe;
``(ii) a member of that Indian tribe; or
``(iii) an Indian arts and crafts
organization;
``(C) an Indian; or
``(D) an Indian arts and crafts organization.
``(2) Disposition of amounts recovered.--
``(A) In general.--Except as provided in
subparagraph (B), an amount recovered in a civil action
under this section shall be paid to the Indian tribe,
the Indian, or the Indian arts and crafts organization
on the behalf of which the civil action was initiated.
``(B) Exceptions.--
``(i) Attorney general.--In the case of a
civil action initiated under paragraph (1)(A),
the Attorney General may deduct from the
amount--
``(I) the amount of the cost of the
civil action and reasonable attorney's
fees awarded under subsection (c), to
be deposited in the Treasury and
credited to appropriations available to
the Attorney General on the date on
which the amount is recovered; and
``(II) the amount of the costs of
investigation awarded under subsection
(c), to reimburse the Board for the
activities of the Board relating to the
civil action.
``(ii) Indian tribe.--In the case of a
civil action initiated under paragraph (1)(B),
the Indian tribe may deduct from the amount--
``(I) the amount of the cost of the
civil action; and
``(II) reasonable attorney's
fees.''; and
(7) in subsection (e), by striking ``(e) In the event
that'' and inserting the following:
``(e) Savings Provision.--If''.
SEC. 3. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS.
Section 1159 of title 18, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Penalty.--Any person that knowingly violates subsection (a)
shall--
``(1) in the case of a first violation by that person--
``(A) if the applicable goods are offered or
displayed for sale at a total price of $1,000 or more,
or if the applicable goods are sold for a total price
of $1,000 or more--
``(i) in the case of an individual, be
fined not more than $250,000, imprisoned for
not more than 5 years, or both; and
``(ii) in the case of a person other than
an individual, be fined not more than
$1,000,000; and
``(B) if the applicable goods are offered or
displayed for sale at a total price of less than
$1,000, or if the applicable goods are sold for a total
price of less than $1,000--
``(i) in the case of an individual, be
fined not more than $25,000, imprisoned for not
more than 1 year, or both; and
``(ii) in the case of a person other than
an individual, be fined not more than $100,000;
and
``(2) in the case of a subsequent violation by that person,
regardless of the amount for which any good is offered or
displayed for sale or sold--
``(A) in the case of an individual, be fined under
this title, imprisoned for not more than 15 years, or
both; and
``(B) in the case of a person other than an
individual, be fined not more than $5,000,000.''; and
(2) in subsection (c), by striking paragraph (3) and
inserting the following:
``(3) the term `Indian tribe'--
``(A) has the meaning given the term in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b); and
``(B) includes, for purposes of this section only,
an Indian group that has been formally recognized as an
Indian tribe by--
``(i) a State legislature;
``(ii) a State commission; or
``(iii) another similar organization vested
with State legislative tribal recognition
authority; and''.
Passed the Senate September 23 (legislative day, September
17), 2008.
Attest:
NANCY ERICKSON,
Secretary. | Indian Arts and Crafts Amendments Act of 2008 - Amends the Indian Arts and Crafts Act of 1990 to: (1) authorize any federal law enforcement officer to conduct an investigation of an offense involving the sale of any item that is misrepresented as an Indian produced good or product that occurs on land under the jurisdiction of the federal government; and (2) authorize the Indian Arts and Crafts Board to refer an alleged violation to any federal law enforcement officer (currently, just to the Federal Bureau of Investigation [FBI]) for appropriate investigation. Permits a federal law enforcement officer to investigate an alleged violation regardless of whether such officer receives a referral from the Board. Requires that the findings of an investigation of such an alleged violation by any federal department or agency be submitted to a federal or state prosecuting authority or the Board.
Authorizes the Board, upon receiving the findings of such an investigation, to: (1) recommend to the Attorney General that criminal proceedings be initiated (current law); and (2) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate. Allows the Board, in lieu of or in addition to any such criminal proceeding, to recommend that the Attorney General initiate a civil action. Revises the definitions and requirements relating to civil actions for mispresentation of Indian produced goods and products.
Amends the federal criminal code to base criminal penalties for misrepresentation of Indian produced goods and products upon the value of such goods and products. | A bill to protect Indian arts and crafts through the improvement of applicable criminal proceedings, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Equal Access to Mortgage
Finance Programs Act''.
SEC. 2. PERMANENT CONFORMING LOAN LIMIT INCREASE FOR FREDDIE MAC AND
FANNIE MAE.
(a) Freddie Mac.--
(1) Increase.--Paragraph (2) of section 305(a) of the
Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1454(a)(2)) is amended--
(A) by inserting ``(A)'' after ``(2)'';
(B) in the first sentence, by redesignating clauses
(A) through (C) as clauses (i) through (iii),
respectively;
(C) in the second sentence, by striking ``clause
(A)'' and inserting ``clause (i)''; and
(D) in the last sentence--
(i) by striking ``115 percent'' each place
such term appears and inserting ``125
percent''; and
(ii) by striking ``150 percent'' and
inserting ``175 percent''.
(2) Discretionary authority to limit decreases.--Paragraph
(2) of section 305(a) of the Federal Home Loan Mortgage
Corporation Act (12 U.S.C. 1454(a)(2)), as amended by paragraph
(1), is further amended by adding at the end the following new
subparagraph:
``(B) Notwithstanding the calculation of the limitation on the
maximum original principal obligation of a mortgage that may be
purchased by the Corporation for an area pursuant to the last sentence
of subparagraph (A), if any recalculation of the local median home
price for any area would otherwise result in a decrease in the maximum
original principal limitation for any size residence in any such area,
the Director of the Federal Housing Finance Agency may prevent or limit
a decrease in such limitation from taking place for any such area. In
taking such action, the Director shall consider such factors as market
dislocations caused by a decrease in such limitation, the extent of the
median home price decline, and the causes for such reduction in median
home price.''.
(b) Fannie Mae.--
(1) Increase.--Paragraph (2) of section 302(b) of the
Federal National Mortgage Association Charter Act (12 U.S.C.
1717(b)(2)) is amended--
(A) by inserting ``(A)'' after ``(2)'';
(B) in the second sentence, by redesignating
clauses (A) through (C) as clauses (i) through (iii),
respectively;
(C) in the third sentence, by striking ``clause
(A)'' and inserting ``clause (i)''; and
(D) in the last sentence--
(i) by striking ``115 percent'' each place
such term appears and inserting ``125
percent''; and
(ii) by striking ``150 percent'' and
inserting ``175 percent''.
(2) Discretionary authority to limit decreases.--Paragraph
(2) of section 302(b) of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1717(b)(2)), as amended by
paragraph (1), is further amended by adding at the end the
following new subparagraph:
``(B) Notwithstanding the calculation of the limitation on the
maximum original principal obligation of a mortgage that may be
purchased by the corporation for an area pursuant to the last sentence
of subparagraph (A), if any recalculation of the local median home
price for any area would otherwise result in a decrease in the maximum
original principal limitation for any size residence in any such area,
the Director of the Federal Housing Finance Agency may prevent or limit
a decrease in such limitation from taking place for any such area. In
taking such action, the Director shall consider such factors as market
dislocations caused by a decrease in such limitation, the extent of the
median home price decline, and the causes for such reduction in median
home price.''.
SEC. 3. PERMANENT LOAN LIMIT INCREASE FOR FHA.
(a) Increase.--Subparagraph (A) of section 203(b)(2) of the
National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended--
(1) in clause (i) by striking ``115 percent'' and inserting
``125 percent''; and
(2) in clause (ii) by striking ``150 percent'' and
inserting ``175 percent''.
(b) Discretionary Authority To Limit Decreases.--Subparagraph (A)
of section 203(b)(2) of the National Housing Act (12 U.S.C.
1709(b)(2)(A)) is amended by inserting after ``; and'' at the end the
following: ``except that notwithstanding the calculation of the maximum
dollar amount limitation for any area pursuant to clause (i) of this
subparagraph, if any recalculation of the local median home price for
any area would otherwise result in a decrease in the maximum dollar
amount limitation for any size residence in any such area, the
Secretary, considering such factors as market dislocations caused by a
decrease in such dollar amount limitation, the extent of the median
home price decline, and the causes for such reduction in median home
price, may prevent or limit a decrease in such dollar amount limitation
from taking place for any such area; and''.
SEC. 4. EXISTING LOAN LIMITS.
This Act may not be construed to affect the loan limits for the
Federal Home Loan Mortgage Corporation or the Federal National Mortgage
Association in effect under section 146 of the Continuing
Appropriations Act, 2011 (Public Law 111-242; 124 Stat. 2615) or the
FHA mortgage amount limitations in effect under section 145 of such
Act.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2011. | Preserving Equal Access to Mortgage Finance Programs Act - Amends the Federal Home Loan Mortgage Corporation Act and the Federal National Mortgage Association Charter Act to increase limitations on the maximum original principal obligation of mortgages that may purchased by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Association (Freddie Mac).
Increases such limitations in areas where 125% (currently, 115%) of the median price of residences of a particular size exceed existing mortgage purchase limitations for such residence size.
Gives the Director of the Federal Housing Finance Agency (FHFA) discretion to prevent or limit a decrease in the limitation on the maximum original principal obligation of a mortgage that may be purchased by the corporation for an area.
Amends the National Housing Act to raise limitations on the maximum principal obligation of mortgages that may be insured by the Secretary of Housing and Urban Development (HUD).
Gives the Secretary discretion to prevent or limit a decrease in the maximum dollar amount limitation for any area from taking place for any such area. | To permanently increase the conforming loan limits for the Federal Home Loan Mortgage Corporation and the Federal National Mortgage Association and the FHA maximum mortgage amount limitations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public School Construction
Partnership Act''.
SEC. 2. TREATMENT OF QUALIFIED PUBLIC EDUCATIONAL FACILITY BONDS AS
EXEMPT FACILITY BONDS.
(a) Treatment as Exempt Facility Bond.--Subsection (a) of section
142 of the Internal Revenue Code of 1986 (relating to exempt facility
bond) is amended by striking ``or'' at the end of paragraph (11), by
striking the period at the end of paragraph (12) and inserting ``,
or'', and by adding at the end the following:
``(13) qualified public educational facilities.''
(b) Qualified Public Educational Facilities.--Section 142 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following:
``(k) Qualified Public Educational Facilities.--
``(1) In general.--For purposes of subsection (a)(13), the
term `qualified public educational facility' means any school
facility which is--
``(A) part of a public elementary school or a
public secondary school,
``(B) except as provided in paragraph (6)(B)(iii),
located in a high-growth school district, and
``(C) owned by a private, for-profit corporation
pursuant to a public-private partnership agreement with
a State or local educational agency described in
paragraph (2).
``(2) Public-private partnership agreement described.--A
public-private partnership agreement is described in this
paragraph if it is an agreement--
``(A) under which the corporation agrees--
``(i) to do 1 or more of the following:
construct, rehabilitate, refurbish, or equip a
school facility, and
``(ii) at the end of the contract term, to
transfer the school facility to such agency for
no additional consideration, and
``(B) the term of which does not exceed the term of
the underlying issue.
``(3) School facility.--For purposes of this subsection,
the term `school facility' means--
``(A) school buildings,
``(B) functionally related and subordinate
facilities and land with respect to such buildings,
including any stadium or other facility primarily used
for school events, and
``(C) any property, to which section 168 applies
(or would apply but for section 179), for use in the
facility.
``(4) Public schools.--For purposes of this subsection, the
terms `elementary school' and `secondary school' have the
meanings given such terms by section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801), as in
effect on the date of the enactment of this subsection.
``(5) High-growth school district.--For purposes of this
subsection, the term `high-growth school district' means a
school district established under State law which had an
enrollment of at least 5,000 students in the second academic
year preceding the date of the issuance of the bond and an
increase in student enrollment of at least 20 percent during
the 5-year period ending with such academic year.
``(6) Annual aggregate face amount of tax-exempt
financing.--
``(A) In general.--An issue shall not be treated as
an issue described in subsection (a)(13) if the
aggregate face amount of bonds issued by the State
pursuant thereto (when added to the aggregate face
amount of bonds previously so issued during the
calendar year) exceeds an amount equal to the greater
of--
``(i) $10 multiplied by the State
population, or
``(ii) $5,000,000.
``(B) Allocation rules.--
``(i) In general.--Except as otherwise
provided in this subparagraph, the State may
allocate in a calendar year the amount
described in subparagraph (A) for such year in
such manner as the State determines
appropriate.
``(ii) Rules for carryforward of unused
amount.--With respect to any calendar year, a
State may make an election under rules similar
to the rules of section 146(f), except that the
sole carryforward purpose with respect to such
election is the issuance of exempt facility
bonds described in section 142(a)(13).
``(iii) Special allocation rule for schools
outside high-growth school districts.--A State
may elect to allocate an aggregate face amount
of bonds not to exceed $5,000,000 from the
amount described in subparagraph (A) for each
calendar year for qualified public educational
facilities without regard to the requirement
under paragraph (1)(A).''
(c) Exemption From General State Volume Caps.--Paragraph (3) of
section 146(g) of the Internal Revenue Code of 1986 (relating to
exception for certain bonds) is amended--
(1) by striking ``or (12)'' and inserting ``(12), or
(13)'', and
(2) by striking ``and environmental enhancements of
hydroelectric generating facilities'' and inserting
``environmental enhancements of hydroelectric generating
facilities, and qualified public educational facilities''.
(d) Exemption From Limitation on Use for Land Acquisition.--Section
147(h) of the Internal Revenue Code of 1986 (relating to certain rules
not apply) is amended--
(1) by adding at the end the following:
``(3) Exempt facility bonds for qualified public-private
schools.--Subsection (c) shall not apply to any exempt facility
bond issued as part of an issue described in section 142(a)(13)
(relating to qualified public-private schools).'', and
(2) by striking ``Mortgage Revenue Bonds, Qualified Student
Loan Bonds, and Qualified 501(c)(3) Bonds'' in the heading and
inserting ``Certain Bonds''.
(e) Effective Date.--The amendments made by this section shall
apply to bonds issued after December 31, 1998.
SEC. 3. ADDITIONAL INCREASE IN ARBITRAGE REBATE EXCEPTION FOR
GOVERNMENTAL BONDS USED TO FINANCE EDUCATION FACILITIES.
(a) In General.--Section 148(f)(4)(D)(vii) of the Internal Revenue
Code of 1986 (relating to increase in exception for bonds financing
public school capital expenditures) is amended by striking
``$5,000,000'' the second place it appears and inserting
``$10,000,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to obligations issued after December 31, 1998. | Public School Construction Partnership Act - Amends the Internal Revenue Code to authorize issuance of tax-exempt private activity bonds to finance construction and rehabilitation of high-growth area public elementary and secondary schools through public-private construction and ownership agreements.
Limits the annual aggregate amount of a State's tax-exempt financing. Sets forth State allocation rules, including a discretionary allocation for non high-growth school areas.
Exempts such bonds from: (1) State volume caps; and (2) land use or acquisition limitations.
Increases the arbitrage rebate exception for State and local bonds used to finance public schools. | Public School Construction Partnership Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Year 2000 Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Electronic data exchanges are used extensively to
transfer information between computer systems. Federal agencies
now depend on electronic data exchanges to execute programs and
facilitate commerce. Consequently, as computer systems are
converted to process Year 2000 dates, the associated data
exchanges must also be made Year 2000 compliant.
(2) The testing and implementation of new data exchanges
must be closely coordinated with exchange partners to be
completed effectively. If Year 2000 data exchanges do not
function properly, data will not be exchanged between systems,
or invalid data could cause receiving computer systems to
malfunction or produce inaccurate computations.
(3) The United States 381,000 small manufacturers
contribute more than half of the country's total value in
manufacturing. However, as of 1998, 75 percent of all companies
with fewer than 2,000 employees had not yet started Year 2000
remediation projects.
(4) As small manufacturers are an integral part of the
business supply chain, it is imperative that their computer
systems are Year 2000 compliant to prevent disruption to the
country's manufacturing base.
(5) The economic well being of the United States is
interdependent with the economic well being of other nations of
the world. There is very little information on the level of
Year 2000 preparedness by other countries and the potential
impact on the United States economy. Therefore, to prevent
economic disruption in the United States, the Year 2000
computer problem must be addressed on a global scale.
(6) Currently, there is little information to guide
consumers in the purchase of Year 2000 compliant consumer goods
or to ensure that their existing goods are Year 2000 complaint.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``data exchange testing'' means testing data
exchange software with respect to--
(A) the initiation of the exchange by sending
computers;
(B) transmission through intermediate
communications software and hardware; and
(C) receipt and acceptance by receiving computers;
(2) the term ``small and medium-sized businesses'' means
businesses with less than 500 employees;
(3) the term ``Year 2000 compliant'' means, with respect to
information technology, that the information technology
accurately processes (including calculating, comparing, and
sequencing) date and time data from, into, and between the 20th
and 21st centuries and the years 1999 and 2000, and leap year
calculations, to the extent that other information technology
properly exchanges date and time data with it; and
(4) the term ``Year 2000 computer problem'' means the
potential problems that might be encountered in any level of
computer hardware and software from microcode to application
programs, files, and databases that need to correctly interpret
year date data represented in 2-digit-year format.
SEC. 4. FEDERAL AGENCY ACTIONS.
To ensure that all computer operations and processing can be
provided without interruption by Federal agencies after December 31,
1999, the head of each Federal agency shall--
(1) take actions necessary to ensure that all systems and
hardware administered by the agency are Year 2000 compliant, to
the extent necessary to ensure that no significant disruption
of the operations of the agency or of the agency's data
exchange partners occurs, including--
(A) establishing, before June 1, 1999, schedules
for testing and implementing new data exchange formats
for completing all data exchange corrections, which may
include national test days for data exchange testing of
critical processes and associated data exchanges
affecting Federal, State, and local governments;
(B) notifying data exchange partners of the
implications to the agency and the exchange partners if
they do not make appropriate date conversion
corrections in time to meet the Federal schedule for
implementing and testing Year 2000 compliant data
exchange processes;
(C) giving priority to installing filters necessary
to prevent the corruption of mission-critical systems
from data exchanges with noncompliant systems; and
(D) developing and implementing, as part of the
agency's continuity and contingency planning efforts,
specific provisions for data exchanges that may fail,
including strategies to mitigate operational
disruptions if data exchange partners do not make
timely date conversion corrections;
(2) beginning not later than 30 days after the date of the
enactment of this Act, convene meetings at least quarterly with
representatives of the agency's data exchange partners to
assess implementation progress; and
(3) after each meeting convened pursuant to paragraph (2),
transmit to the Congress a report summarizing--
(A) the results of that meeting; and
(B) the status of the agency's completion of key
data exchange corrections, including the extent of data
exchange inventoried, an assessment of data exchange
formats agreed to with data exchange partners, testing
and implementation schedules, and testing and
implementation completed.
SEC. 5. ASSISTANCE FOR SMALL AND MEDIUM-SIZED BUSINESSES.
To ensure that the Nation's small and medium-sized
businesses are prepared to meet the Year 2000 computer problem
challenge, the National Institute of Standards and Technology,
in conjunction with the Small Business Administration, shall
develop a Year 2000 compliance outreach program to assist small
and medium-sized businesses. Such program shall include--
(1) the development of a Year 2000 self-assessment
checklist;
(2) an explanation of the Year 2000 computer problem and an
identification of best practices for resolving the problem;
(3) a list of Federal Government Year 2000 information
resources; and
(4) a list of Year 2000 compliant products provided by the
General Services Administration.
SEC. 6. INTERNATIONAL ASSESSMENT.
Within 3 months after the date of the enactment of this Act, the
Under Secretary of Commerce for Technology, in conjunction with other
relevant Federal agencies, shall transmit to the Congress a report
assessing the international implications of the Year 2000 computer
problem. Such report shall include--
(1) an assessment of Year 2000 compliance by the United
States major trading partners;
(2) a description of efforts by the United States to share
best practices with other countries;
(3) the economic implications on world trade and the United
States economy of the Year 2000 computer problem, including an
identification of impacted United States industrial sectors and Federal
agencies; and
(4) a summary of participation by Federal agencies in
international for addressing the Year 2000 computer problem.
SEC. 7. CONSUMER AWARENESS.
To ensure that the Nation's consumers are aware of and prepared to
meet the Year 2000 computer problem challenge, the Under Secretary of
Commerce for Technology shall develop a Year 2000 consumer awareness
program to assist the public in becoming aware of the implications of
the Year 2000 computer problem. Such program shall include--
(1) the development of a Year 2000 self-assessment
checklist;
(2) a list of Federal Government Year 2000 computer problem
information resources;
(3) a list of Year 2000 compliant products provided by the
General Services Administration;
(4) a series of public awareness announcements or seminars
on the impact of the Year 2000 computer problem on consumer
products and services; and
(5) a series of public awareness announcements or seminars
on the potential effect that the Year 2000 computer problem
could have on the provision of services by the Federal
Government to the public, and the progress made in resolving
the problem by the Federal agencies providing those services.
SEC. 8. ASSISTANCE TO HEALTH CARE PROVIDERS.
To ensure that the Nation's health care providers are prepared to
meet the Year 2000 computer problem challenge, the Food and Drug
Administration, in consultation and cooperation with the Veterans'
Administration, shall develop a Year 2000 compliance outreach program
to assist health care providers. Such program shall include--
(1) the development of a Year 2000 self-assessment
checklist;
(2) an explanation of the Year 2000 computer problem and
identification of best practices for resolving the problem;
(3) a list of Federal Government Year 2000 computer problem
information resources;
(4) a list of Year 2000 compliant biomedical devices and
other equipment used by health care providers that could lead
to life-threatening situations due to a failure related to Year
2000 computer problems, including an indication of whether the
Year 2000 compliance of such devices or equipment has been
independently verified; and
(5) aggressive dissemination of the list described in
paragraph (4).
SEC. 9. ASSISTANCE FOR THE WATER UTILITY SECTOR.
To ensure that the Nation's drinking water suppliers and wastewater
treatment processors are prepared to meet the Year 2000 computer
problem challenge, the Environmental Protection Agency shall develop a
Year 2000 compliance outreach program to assist drinking water
suppliers and wastewater treatment processors. Such program shall
include--
(1) the development of a Year 2000 self-assessment
checklist specifically designed for the needs of the water
utility sector;
(2) an explanation of the Year 2000 computer problem and
identification of best practices for resolving the problem;
(3) a list of Federal Government Year 2000 computer problem
information resources; and
(4) a list of Year 2000 compliant products and equipment
used in key elements of the water utility sector, including an
indication of whether the Year 2000 compliance of such products
or equipment has been independently verified. | Directs the National Institute of Standards and Technology, in conjunction with the Small Business Administration, to develop a Year 2000 compliance outreach program to assist the Nation's small and medium-sized businesses to ensure that such businesses are prepared to meet the Year 2000 computer problem (Y2K problem) challenge.
Requires the Under Secretary of Commerce for Technology: (1) in conjunction with other relevant Federal agencies, to transmit to the Congress a report assessing the international implications of the Year 2000 computer problem; and (2) to develop a Year 2000 consumer awareness program to assist the public in becoming aware of the implications of such problem.
Directs the Food and Drug Administration, in consultation and cooperation with the Department of Veterans' Affairs, to develop a Year 2000 compliance outreach program to assist the Nation's health care providers in preparing to meet the Y2K problem challenge.
Directs the Environmental Protection Agency to develop a Year 2000 compliance outreach program to assist the Nation's drinking water suppliers and wastewater treatment processors in preparing to meet the Y2K problem challenge. | Year 2000 Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Verify First Act''.
SEC. 2. VERIFICATION OF STATUS IN UNITED STATES AS CONDITION OF
RECEIVING ADVANCE PAYMENT OF HEALTH INSURANCE PREMIUM TAX
CREDIT.
(a) Application to Current Health Insurance Premium Tax Credit.--
Section 36B of the Internal Revenue Code of 1986, as in effect for
months beginning before January 1, 2020, is amended by redesignating
subsection (g) as subsection (h) and by inserting after subsection (f)
the following new subsection:
``(g) Verification of Status in United States for Advance
Payment.--No advance payment of the credit allowed under this section
with respect to any premium under subsection (b)(2)(A) with respect to
any individual shall be made under section 1412 of the Patient
Protection and Affordable Care Act unless the Secretary has received
confirmation from the Secretary of Health and Human Services that the
Commissioner of Social Security or the Secretary of Homeland Security
has verified under section 1411(c)(2) of such Act the individual's
status as a citizen or national of the United States or an alien
lawfully present in the United States using a process that includes the
appropriate use of information related to citizenship or immigration
status, such as social security account numbers (but not individual
taxpayer identification numbers).''.
(b) Application to New Health Insurance Premium Tax Credit.--
Section 36B of the Internal Revenue Code of 1986, as amended by the
American Health Care Act of 2017 and in effect for months beginning
after December 31, 2019, is amended by adding at the end the following
new subsection:
``(h) Verification of Status in United States for Advance
Payment.--No advance payment of the credit allowed under this section
with respect to any amount under subparagraph (A) or (B) of subsection
(b)(1) with respect to any individual shall be made under section 1412
of the Patient Protection and Affordable Care Act unless the Secretary
has received confirmation from the Secretary of Health and Human
Services that the Commissioner of Social Security or the Secretary of
Homeland Security has verified under section 1411(c)(2) of such Act the
individual's status as a citizen or national of the United States or a
qualified alien (within the meaning of section 431 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1641)) using a process that includes the appropriate use of
information related to citizenship or immigration status, such as
social security account numbers (but not individual taxpayer
identification numbers).''.
(c) Conforming Amendment on Continuous Health Insurance Coverage
Provision.--Section 2710A(b)(1) of the Public Health Service Act, as
added by section 133 of the American Health Care Act of 2017, is
amended by adding after subparagraph (C) the following:
``In the case of an individual who applies for advance payment
of a credit under section 1412 of the Patient Protection and
Affordable Care Act and for whom a determination of eligibility
for such advance payment is delayed by reason of the
requirement for verification of the individual's status in the
United States under section 1411(c)(2) of such Act, the period
of days beginning with the date of application for advance
payment and ending with the date of such verification shall not
be taken into account in applying subparagraph (B). The
Secretary shall establish a procedure by which information
relating to this period is provided to the individual.''.
(d) Delay Permitted in Coverage Date in Case of Delay in
Verification of Status for Individuals Applying for Advance Payment of
Credit.--Section 1411(e) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18081(e)) is amended--
(1) in paragraph (3), by inserting after ``applicant's
eligibility'' the following: ``(other than eligibility for
advance payment of a credit under section 1412)''; and
(2) by adding at the end the following new paragraph:
``(5) Delay permitted in coverage date in case of delay in
verification of status for individuals applying for advance
payment of credit.--In the case of an individual whose
eligibility for advance payments is delayed by reason of the
requirement for verification under subsection (c)(2), if, for
coverage to be effective as of the date requested in the
individual's application for enrollment, the individual would
(but for this paragraph) be required to pay 2 or more months of
retroactive premiums, the individual shall be provided the
option to elect to postpone the effective date of coverage to
the date that is not more than 1 month later than the date
requested in the individual's application for enrollment.''.
(e) Effective Dates.--
(1) Application to current health insurance premium tax
credit.--The amendment made by subsection (a) is contingent
upon the enactment of the American Health Care Act of 2017 and
shall apply (if at all) to months beginning after December 31,
2017.
(2) Application to new health insurance premium tax
credit.--The amendment made by subsection (b) is contingent
upon the enactment of the American Health Care Act of 2017 and
shall apply (if at all) to months beginning after December 31,
2019, in taxable years ending after such date.
(3) Conforming amendment on continuous health insurance
coverage provision.--The amendment made by subsection (c) is
contingent upon the enactment of the American Health Care Act
of 2017 and shall take effect (if at all) as if included in
such Act.
(4) Flexibility in coverage date in case of delay in
verification of status.--The amendment made by subsection (d)
is contingent upon the enactment of the American Health Care
Act of 2017 and shall apply (if at all) to applications for
advance payments for months beginning after December 31, 2017.
Passed the House of Representatives June 13, 2017.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on June 2, 2017. Verify First Act (Sec. 2) This bill amends the Internal Revenue Code to prohibit advance payments of the premium assistance tax credit from being made to an individual unless the Department of the Treasury has received confirmation from the Department of Health and Human Services that the Social Security Administration or the Department of Homeland Security has verified the individual's status as a citizen or national of the United States or an alien lawfully present in the United States. The verification process must include the appropriate use of information related to citizenship or immigration status, such as Social Security numbers (but not individual taxpayer identification numbers). The bill also amends the Public Health Service Act and the Patient Protection and Affordable Care Act to permit adjustments to certain health insurance coverage dates for an individual whose eligibility for advance payments is delayed due to the verification requirements. The bill is contingent on the enactment of the American Health Care Act of 2017 (AHCA). If the AHCA is enacted, the bill applies to: (1) the existing tax credit after December 31, 2017; and (2) the tax credit, as modified by the AHCA, after December 31, 2019. | Verify First Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Industry Tax Break Repeal Act of
2007''.
TITLE I--REPEAL OF OIL INDUSTRY TAX BREAKS
SEC. 101. 7-YEAR AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL
EXPENDITURES FOR CERTAIN MAJOR INTEGRATED OIL COMPANIES.
(a) In General.--Subparagraph (A) of section 167(h)(5) of the
Internal Revenue Code of 1986 (relating to special rule for major
integrated oil companies) is amended by striking ``5-year'' and
inserting ``7-year''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred after the date of the enactment of this
Act.
SEC. 102. LIMITATION ON PERCENTAGE DEPLETION.
(a) In General.--Section 613A of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Limitation on Aggregate Amount of Depletion.--In the case of
any oil or gas well, the allowance for depletion allowed under section
613 shall not exceed the basis of the taxpayer in such property.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 103. TERMINATION OF TREATMENT OF NATURAL GAS DISTRIBUTION LINES AS
15-YEAR PROPERTY.
(a) In General.--Section 168(e)(3)(E)(viii) of the Internal Revenue
Code of 1986 is amended by striking ``January 1, 2011'' and inserting
``the date of the enactment of the Oil Industry Tax Break Repeal Act of
2007''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to property placed in service after the date of the
enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply to any property with respect to which the taxpayer or
a related party has entered into a binding contract for the
construction thereof on or before February 16, 2007, or, in the
case of self-constructed property, has started construction on
or before such date.
SEC. 104. TERMINATION OF TEMPORARY EXPENSING FOR EQUIPMENT USED IN
REFINING OF LIQUID FUELS.
(a) In General.--Section 179C(c)(1) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``January 1, 2012'' and inserting ``the
date of the enactment of the Oil Industry Tax Break Repeal Act
of 2007'', and
(2) by striking ``January 1, 2008'' and inserting ``the
date of the enactment of the Oil Industry Tax Break Repeal Act
of 2007''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 105. NATURAL GAS GATHERING LINES TREATED AS 15-YEAR PROPERTY.
(a) In General.--Subparagraph (E) of section 168(e)(3) of the
Internal Revenue Code of 1986, as amended by section 2, is amended by
inserting ``, and'' at the end of clause (vi), by striking the period
at the end of clause (vii) and inserting ``, and'', and by adding at
the end the following new clause:
``(viii) any natural gas gathering line the
original use of which commences with the
taxpayer after the date of the enactment of
this clause.''.
(b) Alternative System.--The table contained in section
168(g)(3)(B) of such Code (relating to special rule for property
assigned to classes), as amended by section 3, is amended by inserting
after the item relating to subparagraph (E)(vii) the following new
item:
``(E)(viii).......................................... 22''.
(c) Conforming Amendment.--Clause (iv) of section 168(e)(3) of such
Code is amended by inserting ``and before the date of the enactment of
the Oil Industry Tax Break Repeal Act of 2007'' after ``April 11,
2005''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to property placed in service after the date of the
enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply to any property with respect to which the taxpayer or
a related party has entered into a binding contract for the
construction thereof on or before February 16, 2007, or, in the
case of self-constructed property, has started construction on
or before such date.
SEC. 106. TERMINATION OF DEDUCTION FOR INTANGIBLE DRILLING AND
DEVELOPMENT COSTS.
(a) In General.--Section 263(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new sentence: ``This
subsection shall not apply to any taxable year beginning after the date
of the enactment of this sentence.''.
(b) Conforming Amendments.--Paragraphs (2) and (3) of section
291(b) of such Code are each amended by striking ``section 263(c),
616(a),'' and inserting ``section 616(a)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 107. TERMINATION OF ENHANCED OIL RECOVERY CREDIT.
(a) In General.--Section 43 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(f) Termination.--This section shall not apply to any taxable
year beginning after the date of the enactment of this subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 108. TERMINATION OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL
WELLS.
(a) In General.--Section 45I of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Termination.--This section shall not apply to any taxable
year beginning after the date of the enactment of this subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 109. TERMINATION OF TREATMENT OF ALASKA NATURAL GAS PIPELINES AS
7-YEAR PROPERTY.
(a) In General.--Section 168(e)(3)(C)(iii) of the Internal Revenue
Code of 1986 is amended by inserting ``placed in service before the
date of the enactment of the Oil Industry Tax Break Repeal Act of
2007'' after ``Alaska natural gas pipeline''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 110. DENIAL OF DEDUCTION FOR LARGE INTEGRATED OIL COMPANIES FOR
INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION OF OIL,
NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.
(a) In General.--Subparagraph (B) of section 199(c)(4) of the
Internal Revenue Code of 1986 (relating to exceptions) is amended by
striking ``or'' at the end of clause (ii), by striking the period at
the end of clause (iii) and inserting ``, or'', and by inserting after
clause (iii) the following new clause:
``(iv) in the case of a taxpayer which is a
large integrated oil company, the sale,
exchange, or other disposition of oil, natural
gas, or any primary product thereof.''.
(b) Primary Product.--Section 199(c)(4)(B) of such Code is amended
by adding at the end the following flush sentence:
``For purposes of clause (iv), the term `primary
product' has the same meaning as when used in section
927(a)(2)(C), as in effect before its repeal.''.
(c) Large Integrated Oil Company.--Subsection (c) of section 199 of
such Code is amended by adding at the end the following new paragraph:
``(8) Large integrated oil company.--For purposes of this
subsection, the term `large integrated oil company' means, with
respect to any taxable year, an integrated oil company (as
defined in section 291(b)(4)) which--
``(A) had gross receipts in excess of
$1,000,000,000 for such taxable year, and
``(B) has an average daily worldwide production of
crude oil of at least 500,000 barrels for such taxable
year.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 111. REVALUATION OF LIFO INVENTORIES OF LARGE INTEGRATED OIL
COMPANIES.
(a) General Rule.--Notwithstanding any other provision of law, if a
taxpayer is an applicable integrated oil company for its last taxable
year ending in calendar year 2006, the taxpayer shall--
(1) increase, effective as of the close of such taxable
year, the value of each historic LIFO layer of inventories of
crude oil, natural gas, or any other petroleum product (within
the meaning of section 4611) by the layer adjustment amount,
and
(2) decrease its cost of goods sold for such taxable year
by the aggregate amount of the increases under paragraph (1).
If the aggregate amount of the increases under paragraph (1) exceed the
taxpayer's cost of goods sold for such taxable year, the taxpayer's
gross income for such taxable year shall be increased by the amount of
such excess.
(b) Layer Adjustment Amount.--For purposes of this section--
(1) In general.--The term ``layer adjustment amount''
means, with respect to any historic LIFO layer, the product
of--
(A) $18.75, and
(B) the number of barrels of crude oil (or in the
case of natural gas or other petroleum products, the
number of barrel-of-oil equivalents) represented by the
layer.
(2) Barrel-of-oil equivalent.--The term ``barrel-of-oil
equivalent'' has the meaning given such term by section
29(d)(5) (as in effect before its redesignation by the Energy
Tax Incentives Act of 2005).
(c) Application of Requirement.--
(1) No change in method of accounting.--Any adjustment
required by this section shall not be treated as a change in
method of accounting.
(2) Underpayments of estimated tax.--No addition to the tax
shall be made under section 6655 of the Internal Revenue Code
of 1986 (relating to failure by corporation to pay estimated
tax) with respect to any underpayment of an installment
required to be paid with respect to the taxable year described
in subsection (a) to the extent such underpayment was created
or increased by this section.
(d) Applicable Integrated Oil Company.--For purposes of this
section, the term ``applicable integrated oil company'' means an
integrated oil company (as defined in section 291(b)(4) of the Internal
Revenue Code of 1986) which has an average daily worldwide production
of crude oil of at least 500,000 barrels for the taxable year and which
had gross receipts in excess of $1,000,000,000 for its last taxable
year ending during calendar year 2006. For purposes of this subsection
all persons treated as a single employer under subsections (a) and (b)
of section 52 of the Internal Revenue Code of 1986 shall be treated as
1 person and, in the case of a short taxable year, the rule under
section 448(c)(3)(B) shall apply.
SEC. 112. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO LARGE
INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY
TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code of 1986
(relating to credit for taxes of foreign countries and of possessions
of the United States) is amended by redesignating subsection (m) as
subsection (n) and by inserting after subsection (l) the following new
subsection:
``(m) Special Rules Relating to Large Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer which is a large integrated oil company to a foreign
country or possession of the United States for any period shall
not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable
income tax, or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity
taxpayer pursuant to the generally applicable
income tax imposed by the country or
possession, or
``(ii) would be paid if the generally
applicable income tax imposed by the country or
possession were applicable to such dual
capacity taxpayer.
Nothing in this paragraph shall be construed to imply the
proper treatment of any such amount not in excess of the amount
determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or
possession, and
``(B) receives (or will receive) directly or
indirectly a specific economic benefit (as determined
in accordance with regulations) from such country or
possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable
income tax' means an income tax (or a series of income
taxes) which is generally imposed under the laws of a
foreign country or possession on income derived from
the conduct of a trade or business within such country
or possession.
``(B) Exceptions.--Such term shall not include a
tax unless it has substantial application, by its terms
and in practice, to--
``(i) persons who are not dual capacity
taxpayers, and
``(ii) persons who are citizens or
residents of the foreign country or possession.
``(4) Large integrated oil company.--For purposes of this
subsection, the term `large integrated oil company' means, with
respect to any taxable year, an integrated oil company (as
defined in section 291(b)(4)) which--
``(A) had gross receipts in excess of
$1,000,000,000 for such taxable year, and
``(B) has an average daily worldwide production of
crude oil of at least 500,000 barrels for such taxable
year.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary to
any treaty obligation of the United States.
TITLE II--ENERGY TRUST FUND
SEC. 201. DEDICATION OF RESULTING REVENUES TO THE ENERGY TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end the following new section:
``SEC. 9511. ENERGY TRUST FUND.
``(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the `Energy Trust Fund',
consisting of such amounts as may be appropriated or credited to such
Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust.--There are hereby appropriated to the
Energy Trust Fund amounts equivalent to the revenues resulting from the
amendment made by the title I of the Oil Industry Tax Break Repeal Act
of 2007.
``(c) Expenditures.--Amounts in the Energy Trust Fund shall be
available, as provided in appropriation Acts, only for the purpose of
making expenditures--
``(1) to accelerate the use of clean domestic renewable
energy resources and alternative fuels;
``(2) to promote the utilization of energy-efficient
products and practices and conservation; and
``(3) to increase research, development, and deployment of
clean renewable energy and efficiency technologies.''.
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end the following new item:
``Sec. 9511. Energy Trust Fund.''. | Oil Industry Tax Break Repeal Act of 2007 - Amends the Internal Revenue Code to: (1) increase the amortization period for the geological and geophysical expenditures of certain large integrated oil companies (defined as having an average daily worldwide crude oil production level of at least 500,000 barrels and more than $1 billion in gross receipts) from five to seven years; (2) limit the oil depletion allowance; (3) terminate accelerated depreciation of natural gas distribution lines and Alaska natural gas pipelines, expensing of equipment used in refining of liquid fuels, the tax deduction for intangible drilling and development costs, and the tax credits for enhanced oil recovery and for producing oil and gas from marginal wells; (4) classify natural gas gathering lines as 15-year property for depreciation purposes; and (5) deny large integrated oil companies the tax deduction for income attributable to the domestic production of oil, natural gas, or related products.
Requires large integrated oil companies to revalue their LIFO inventories of crude oil, natural gas, or other petroleum products according to a specified formula. Denies such oil companies a foreign tax credit for payments to certain foreign countries from which they receive a specified economic benefit as a dual capacity taxpayer.
Establishes in the Treasury the Energy Trust Fund and directs the transfer to such Fund of revenues resulting from the repeal of oil industry tax benefits by this Act. | A bill to amend the Internal Revenue Code of 1986 to terminate certain incentives for oil and gas. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United Nations Population Fund
(UNFPA) Funding Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Global consensus about the need to develop policies
that contribute to global population stabilization and the
improved status of women is due in large part to the efforts of
the United Nations and its specialized agencies and
organizations, particularly the United Nations Population Fund
(UNFPA).
(2) Operating in over 142 nations in all regions of the
world and as a politically neutral source of funds, UNFPA
complements the important work of the United States Agency for
International Development population assistance program.
(3) Over \1/2\ of UNFPA's assistance is devoted to
providing voluntary family planning and maternal and child
health services and it is a major provider of modern methods of
contraception to women in the poorest countries in the world.
Unwanted pregnancy remains one of the greatest risks to women's
health throughout the developing world. More than half a
million women die every year from pregnancy related causes, and
women who are too young, too old, have too many children or
have them too close together are at greatest risk for pregnancy
related injury or illness.
(4) UNFPA also supports efforts aimed at preventing the
spread of HIV/AIDS and other sexually transmitted diseases.
(5) UNFPA is working to eradicate obstetric fistula, a
devastating maternal injury that is fully preventable by having
a trained medical attendant present during labor and
childbirth. Virtually non-existent within the developed world,
it remains a dire threat in poor countries.
(6) UNFPA is a global leader to eliminate the horrific
practice of female genital mutilation that threatens nearly 2
million young girls every year in more than 20 countries in
Africa. More than 120,000,000 women alive have already
undergone this cruel practice that can result in constant pain,
problems with pregnancy and childbirth, infertility and a
greater risk of infection with a sexually transmitted disease.
By working with local organizations to bring about cultural and
legal reform, communities are beginning to end this threat to
women's health.
(7) UNFPA, by allowing women and couples to choose whether
and when to have children, has helped to reduce the incidence
of abortion around the world. UNFPA does not fund abortion
services: it seeks to reduce the incidence of abortion and to
provide treatment to women suffering from complications of
unsafe abortions.
(8) Many global environmental problems, including water
shortages, pollution, tropical deforestation and the loss of
wildlife habitat are linked to rapid population growth. UNFPA
has assisted countries around the world plan for and slow
population growth, thereby reducing its effects on the
environment.
(9) All UNFPA programs conform to the principle, affirmed
at the 1994 International Conference on Population and
Development by 180 nations, including the United States, and
re-affirmed in 1999, that ``all couples and individuals have
the basic right to decide freely and responsibly the number and
spacing of their children and to have the information,
education, and means to do so.''.
(10) UNFPA opposes coercion in any form and all its
programs are designed in conformity with universally recognized
human rights. When UNFPA hears of coercive tactics in any
country, it acts to immediately investigate and eliminate such
practices.
(11) Opponents of family planning programs have long
accused UNFPA of complicity in the coercive practices of the
Chinese government's family planning program. Such allegations
have consistently been proven false. Over the past two years,
three monitoring teams have visited China to investigate
UNFPA's program. All three, an international team headed by a former
Dutch Ambassador to NATO, a group of members of the British parliament,
and a United States group appointed by President Bush, reported that
UNFPA had no role in coercion and was, in fact, working to eliminate
coercive practices.
(12) The United States team reported back on May 29, 2002
and wrote a letter to Secretary of State Colin Powell stating
the following:
(A) ``First Finding: We find no evidence that UNFPA
has knowingly supported or participated in the
management of a program of coercive abortion or
involuntary sterilization in the PRC.''.
(B) ``First Recommendation: We therefore recommend
that not more than $34,000,000 which has already been
appropriated be released to UNFPA.''.
(13) Despite the recommendation of its own delegation, the
Administration invoked a deeply flawed interpretation of
Federal law to eliminate funding for UNFPA.
(14) The loss of the United States contribution of
$34,000,000, representing fully 13 percent of UNFPA's budget,
has already undermined the delivery of necessary services to
women throughout the developing world. It is estimated that the
loss of this funding could result in 2,000,000 additional
unwanted pregnancies, 4,700 maternal deaths, 60,000 cases of
serious maternal injury and illness, 77,000 infant deaths and
800,000 abortions.
SEC. 3. UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS
POPULATION FUND.
In addition to amounts otherwise available to carry out the
purposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961,
there are authorized to be appropriated $50,000,000 for fiscal year
2004 and $84,000,000 for fiscal year 2005 to be available only for
United States voluntary contributions to the United Nations Population
Fund.
SEC. 4. LIMITATION ON THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE
UNITED NATIONS POPULATION FUND.
(a) Limitation.--Notwithstanding any other provision of law, of the
funds appropriated for voluntary contributions to the United Nations
Population Fund for each of the fiscal years 2004 and 2005, an amount
equal to the amount allocated by the United Nations Population Fund for
the country program in the People's Republic of China during each
fiscal year shall be withheld from obligation and expenditure if during
such fiscal year, the Secretary of State submits to the appropriate
congressional committees the certification described in subsection (b).
(b) Certification.--The Secretary of State shall submit a
certification under subsection (a) if the Secretary determines that the
country program of the United Nations Population Fund in the People's
Republic of China does not meet the following criteria--
(1) focuses on improving the delivery of voluntary family
planning information and services;
(2) is designed in conformity with the human rights
principles affirmed at the International Conference on
Population and Development with the support of 180 nations
including the United States;
(3) is implemented only in counties of the People's
Republic of China where all quotas and targets for the
recruitment of program participants have been abolished and the
use of coercive measures has been eliminated;
(4) is carried out in consultation with and under the
oversight and approval of the UNFPA executive board, including
the United States representative;
(5) is subject to regular independent monitoring to ensure
compliance with the principles of informed consent and
voluntary participation; and
(6) suspends operations in project counties found to be in
violation of program guidelines. | United Nations Population Fund (UNFPA) Funding Act of 2003 - Authorizes appropriations for FY 2004 and 2005 for U.S. voluntary contributions to the United Nations Population Fund (UNFPA). Withholds from the U.S. voluntary contribution to the UNFPA amounts allocated by UNFPA for the country program in China, if the Secretary of State certifies to the appropriate congressional committees that the UNFPA country program in China does not: (1) focus on improving the delivery of voluntary family planning information and services; (2) conform with the human rights principles affirmed at the International Conference on Population and Development with the support of 180 nations including the United States; (3) operate only in counties of China where all quotas and targets for the recruitment of program participants have been abolished and the use of coercive measures has been eliminated; (4) operate in consultation with and under the oversight and approval of the UNFPA executive board, including the U.S. representative; (5) subject itself to regular, independent monitoring to ensure compliance with the principles of informed consent and voluntary participation; and (6) suspend operations in project counties found to be in violation of program guidelines. | To provide a United States voluntary contribution to the United Nations Population Fund. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Children's Safety
Act''.
SEC. 2. CHARACTER INVESTIGATIONS.
Section 408 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3207) is amended by adding at the end the
following:
``(d) By Tribal Social Services Agency for Foster Care Placements
in Tribal Court Proceedings.--
``(1) Definitions.--In this subsection:
``(A) Covered individual.--The term `covered
individual' includes--
``(i) any individual 18 years of age or
older; and
``(ii) any individual who an Indian tribe
described in paragraph (2)(A) determines is
subject to a character investigation under that
paragraph.
``(B) Foster care placement.--The term `foster care
placement' means any action removing an Indian child
from a parent or Indian custodian for temporary
placement in a foster home or institution or the home
of a guardian or conservator if--
``(i) the parent or Indian custodian cannot
have the child returned on demand; and
``(ii) parental rights have not been
terminated.
``(C) Indian custodian.--The term `Indian
custodian' means any Indian--
``(i) who has legal custody of an Indian
child under tribal law or custom or under State
law; or
``(ii) to whom temporary physical care,
custody, and control has been transferred by
the parent of the child.
``(D) Parent.--The term `parent' means--
``(i) any biological parent of an Indian
child; or
``(ii) any Indian who has lawfully adopted
an Indian child, including adoptions under
tribal law or custom.
``(E) Tribal court.--The term `tribal court' means
a court--
``(i) with jurisdiction over foster care
placements; and
``(ii) that is--
``(I) a Court of Indian Offenses;
``(II) a court established and
operated under the code or custom of an
Indian tribe; or
``(III) any other administrative
body of a tribe that is vested with
authority over foster care placements.
``(F) Tribal social services agency.--The term
`tribal social services agency' means the agency of the
Federal Government or of an Indian tribe described in
paragraph (2)(A) that has the primary responsibility
for carrying out foster care services (as of the date
on which the proceeding described in paragraph (2)(A)
commences) on the Indian reservation of the Indian
tribe.
``(2) Character investigations before placement.--
``(A) In general.--Except as provided in paragraph
(3), no foster care placement shall be ordered in any
proceeding over which an Indian tribe has exclusive
jurisdiction until the tribal social services agency--
``(i) completes an investigation of the
character of each covered individual who
resides in the household or is employed at the
institution in which the foster care placement
will be made; and
``(ii) concludes that each covered
individual described in clause (i) meets such
standards of character as the Indian tribe
shall establish in accordance with subparagraph
(B).
``(B) Standards of character.--The standards of
character described in subparagraph (A)(ii) shall
include--
``(i) requirements that each tribal social
services agency described in subparagraph (A)--
``(I) perform criminal records
checks, including fingerprint-based
checks of national crime information
databases (as defined in section
534(f)(3) of title 28, United States
Code); and
``(II) check any child abuse and
neglect registry maintained by the
State in which the covered individual
resides for information on the covered
individual, and request any other State
in which the covered individual resided
in the preceding 5 years, to enable the
tribal social services agency to check
any child abuse and neglect registry
maintained by that State for such
information; and
``(ii) any other additional requirement
that the Indian tribe determines is necessary.
``(C) Results.--Except as provided in paragraph
(3), no foster care placement shall be ordered in any
proceeding described in subparagraph (A) if an
investigation described in clause (i) of that
subparagraph reveals that a covered individual
described in that clause--
``(i) has been found by a Federal, State,
or tribal court to have committed any crime
listed in clause (i) or (ii) of section
471(a)(20)(A) of the Social Security Act (42
U.S.C. 671(a)(20)(A)); or
``(ii) is listed on a registry described in
subparagraph (B)(i)(II).
``(D) Deadline.--Except as provided in paragraph
(3), the tribal social services agency shall satisfy
the requirements of clauses (i) and (ii) of
subparagraph (A) not later than 14 days after the date
on which the proceeding described in subparagraph (A)
commences.
``(3) Emergency placement.--Paragraph (2) shall not apply
to an emergency foster care placement, as determined by an
Indian tribe described in paragraph (2)(A).
``(4) Recertification of foster homes or institutions.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subsection, each Indian
tribe shall establish procedures to recertify homes or
institutions in which foster care placements are made.
``(B) Contents.--The procedures described in
subparagraph (A) shall include, at a minimum, periodic
intervals at which the home or institution shall be
subject to recertification to ensure--
``(i) the safety of the home or institution
for the Indian child; and
``(ii) that each covered individual who
resides in the home or is employed at the
institution is subject to a character
investigation in accordance with this
subsection, including any covered individual
who--
``(I) resides in the home or is
employed at the institution on the date
on which the procedures established
under subparagraph (A) commences; and
``(II) did not reside in the home
or was not employed at the institution
on the date on which the investigation
described in paragraph (2)(A)(i) was
completed.
``(C) Regulations promulgated or guidance issued by
the secretary.--The procedures established under
subparagraph (A) shall be subject to any regulation
promulgated or guidance issued by the Secretary that is
in accordance with the purpose of this subsection.
``(5) Regulations.--Not later than 180 days after the date
of enactment of this subsection and after consultation with
Indian tribes, the Secretary shall promulgate a regulation
regarding--
``(A) procedures for a character investigation of
any covered individual who--
``(i) resides in the home or is employed at
the institution in which the foster care
placement is made after the date on which the
investigation described in paragraph (2)(A)(i)
is completed; and
``(ii) was not the subject of an
investigation described in paragraph (2)(A)(i)
before the foster care placement was made;
``(B) self-reporting requirements for foster care
homes or institutions in which any covered individual
described in subparagraph (A) resides if the head of
the household or the operator of the institution has
knowledge that the covered individual--
``(i) has been found by a Federal, State,
or tribal court to have committed any crime
listed in clause (i) or (ii) of section
471(a)(20)(A) of the Social Security Act (42
U.S.C. 671(a)(20)(A)); or
``(ii) is listed on a registry described in
paragraph (2)(B)(i)(II);
``(C) procedures and guidelines for emergency
foster care placements under paragraph (3); and
``(D) procedures for certifying compliance with
this Act.''. | Native American Children's Safety Act - Amends the Indian Child Protection and Family Violence Prevention Act (Act) to prohibit any foster care placement over which an Indian tribe has exclusive jurisdiction from being ordered until the tribal social services agency: (1) completes an investigation of the character of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made, and (2) concludes that each of those individuals meets the standards of character the tribe is required to establish. Defines a "covered individual" as an adult and any other individual the tribe determines is subject to such character investigation. Requires the tribal social services agency, as part of those investigations, to: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any child abuse and neglect registry maintained by the state in which the individual resides; and (3) request any other state in which the individual resided during the preceding five years to allow the agency to check its registry. Prohibits a foster care placement from being ordered if the investigation reveals that the covered individual: (1) has been found guilty by a federal, state, or tribal court of a felony involving child abuse or neglect, spousal abuse, a crime against a child, violence, or drugs; or (2) is listed on a child abuse and neglect registry in the state where the individual resides or resided within the preceding five years. Excepts emergency foster care placements from such requirements. Requires each Indian tribe to establish procedures to recertify homes or institutions in which foster care placements are made. Directs the Secretary of the Interior to promulgate a regulation establishing: (1) procedures for investigating the character of any covered individual who resides in the home or is employed at the institution in which the child is placed after the investigations that preceded that placement occurred, (2) self-reporting requirements for foster care homes or institutions that have knowledge that a covered individual residing on their premises would fail the character investigation, (3) procedures and guidelines for emergency foster care placements, and (4) procedures for certifying compliance with the Act. | Native American Children's Safety Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandates Information Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Before acting on proposed private sector mandates, the
Congress should carefully consider the effects on consumers,
workers, and small businesses.
(2) The Congress has often acted without adequate
information concerning the costs of private sector mandates,
instead focusing only on the benefits.
(3) The implementation of the Unfunded Mandates Reform Act
of 1995 has resulted in increased awareness of
intergovernmental mandates without impacting existing
environmental, public health, or safety laws or regulations.
(4) The implementation of this Act will enhance the
awareness of prospective mandates on the private sector without
adversely affecting existing environmental, public health, or
safety laws or regulations.
(5) The costs of private sector mandates are often borne in
part by consumers, in the form of higher prices and reduced
availability of goods and services.
(6) The costs of private sector mandates are often borne in
part by workers, in the form of lower wages, reduced benefits,
and fewer job opportunities.
(7) The costs of private sector mandates are often borne in
part by small businesses, in the form of hiring disincentives
and stunted growth.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To improve the quality of the Congress' deliberation
with respect to proposed mandates on the private sector, by--
(A) providing the Congress with more complete
information about the effects of such mandates; and
(B) ensuring that the Congress acts on such
mandates only after focused deliberation on the
effects.
(2) To enhance the ability of the Congress to distinguish
between private sector mandates that harm consumers, workers,
and small businesses, and mandates that help those groups.
SEC. 4. FEDERAL PRIVATE SECTOR MANDATES.
(a) In General.--
(1) Estimates.--Section 424(b)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 658c(b)(2)) is amended--
(A) in subparagraph (A) by striking ``and'' after
the semicolon; and
(B) by redesignating subparagraph (B) as
subparagraph (C), and inserting after subparagraph (A)
the following:
``(B) when applicable, the impact (including any
disproportionate impact in particular regions or
industries) on consumers, workers, and small
businesses, of the Federal private sector mandates in
the bill or joint resolution, including--
``(i) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on consumer prices and on the
actual supply of goods and services in consumer
markets;
``(ii) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on worker wages, worker
benefits, and employment opportunities; and
``(iii) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on the hiring practices,
expansion, and profitability of businesses with
100 or fewer employees; and''.
(2) Point of order.--Section 424(b)(3) of the Congressional
Budget Act of 1974 (2 U.S.C. 658c(b)(3)) is amended by adding
after the period the following: ``If such determination is made
by the Director, a point of order under this part shall lie
only under section 425(a)(1) and as if the requirement of
section 425(a)(1) had not been met.''.
(3) Threshold amounts.--Section 425(a) of the Congressional
Budget Act of 1974 (2 U.S.C. 658d(a)) is amended by--
(A) striking ``and'' after the semicolon at the end
of paragraph (1) and redesignating paragraph (2) as
paragraph (3); and
(B) inserting after paragraph (1) the following new
paragraph:
``(2) any bill, joint resolution, amendment, motion, or
conference report that would increase the direct costs of
Federal private sector mandates (excluding any direct costs
that are attributable to revenue resulting from tax or tariff
provisions of any such measure if it does not raise net tax and
tariff revenues over the 5-fiscal-year period beginning with
the first fiscal year such measure affects such revenues) by an
amount that causes the thresholds specified in section
424(b)(1) to be exceeded; and''.
(4) Application relating to appropriations committees.--(A)
Section 425(c)(1)(A) of the Congressional Budget Act of 1974 (2
U.S.C. 658d(c)(1)(A)) is amended by striking ``except''.
(B) Section 425(c)(1)(B) of the Congressional Budget Act of
1974 (2 U.S.C. 658d(c)(1)(B)) is amended--
(i) in clause (i) by striking
``intergovernmental'';
(ii) in clause (ii) by striking
``intergovernmental'';
(iii) in clause (iii) by striking
``intergovernmental''; and
(iv) in clause (iv) by striking
``intergovernmental''.
(5) Threshold burden.--(A) Section 426(b)(2) of the
Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(2)) is
amended by inserting ``legislative'' before ``language''.
(B) Section 426(b)(2) of the Congressional Budget Act of
1974 (2 U.S.C. 658e(b)(2)) is amended by striking ``section 425
or subsection (a) of this section'' and inserting ``part B''.
(6) Question of consideration.--(A) Section 426(b)(3) of
the Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(3)) is
amended by striking ``section 425 or subsection (a) of this
section'' and inserting ``part B''.
(B) Section 426(b)(3) of the Congressional Budget Act of
1974 (2 U.S.C. 658e(b)(3)) is amended by inserting ``, except
that not more than one point of order shall be recognized by
the Chair under section 425(a)(1) or (a)(2)'' before the
period.
(7) Application relating to congressional budget office.--
Section 427 of the Congressional Budget Act of 1974 (2 U.S.C.
658f) is amended by striking ``intergovernmental''.
(b) Rules of the House of Representatives.--Clause 11(b) of rule
XVIII of the Rules of the House of Representatives is amended by
striking ``intergovernmental'' and by striking ``section 424(a)(1)''
and inserting ``section 424 (a)(1) or (b)(1)''.
(c) Exercise of Rulemaking Powers.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such it
shall be considered as part of the rules of such House,
respectively, and 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 each House.
SEC. 5. FEDERAL INTERGOVERNMENTAL MANDATE.
Section 421(5)(B) of the Congressional Budget Act of 1974 (2 U.S.C.
658(5)(B)) is amended--
(1) by striking ``the provision'' after ``if'';
(2) in clause (i)(I) by inserting ``the provision'' before
``would'';
(3) in clause (i)(II) by inserting ``the provision'' before
``would''; and
(4) in clause (ii)--
(A) by inserting ``that legislation, statute, or
regulation does not provide'' before ``the State''; and
(B) by striking ``lack'' and inserting ``new or
expanded''.
Passed the House of Representatives February 10, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Mandates Information Act of 1999 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office (CBO) in preparing estimates of the direct costs of a Federal private sector mandate to estimate, when applicable, the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates with respect to legislation reported by the Appropriations Committees. Provides a point of order against consideration of legislation that would increase the direct costs of Federal private sector mandates (excluding direct costs attributable to revenue resulting from tax or tariff provisions of any such measure if it does not raise net tax and tariff revenues over the five-fiscal-year period beginning with the first fiscal year such measure affects such revenues) by an amount that causes the stated threshold of $100 million per fiscal year to be exceeded. Requires the Director, at the request of a Senator, to prepare an estimate of the direct costs of a Federal mandate (currently, Federal intergovernmental mandate) contained in such Senator's amendment. Revises the definition of "Federal intergovernmental mandate" to mean any provision in legislation, statute, or regulation that relates to a then-existing Federal program under which $500 million or more is provided annually to State, local, or tribal governments under entitlement authority, and that meets certain other criteria, if such legislation, statute, or regulation does not provide participating State, local, or tribal governments with new or expanded authority (currently, if such governments lacks authority) to amend financial or programmatic responsibilities to continue providing required services affected by the legislation, statute, or regulation. | Mandates Information Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Historic Homeownership Assistance
Act''.
SEC. 2. HISTORIC HOMEOWNERSHIP REHABILITATION CREDIT.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 22 the
following new section:
``SEC. 23. HISTORIC HOMEOWNERSHIP REHABILITATION CREDIT.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to 20 percent of the qualified
rehabilitation expenditures made by the taxpayer with respect to a
qualified historic home.
``(b) Dollar Limitation.--
``(1) In general.--The credit allowed by subsection (a)
with respect to any residence of a taxpayer shall not exceed
$50,000 ($25,000 in the case of a married individual filing a
separate return).
``(2) Carryforward of credit unused by reason of limitation
based on tax liability.--If the credit allowable under
subsection (a) for any taxable year exceeds the limitation
imposed by section 26(a) for such taxable year reduced by the
sum of the credits allowable under this subpart (other than
this section), such excess shall be carried to the succeeding
taxable year and added to the credit allowable under subsection
(a) for such succeeding taxable year.
``(c) Qualified Rehabilitation Expenditure.--For purposes of this
section:
``(1) In general.--The term `qualified rehabilitation
expenditure' means any amount properly chargeable to capital
account--
``(A) in connection with the certified
rehabilitation of a qualified historic home, and
``(B) for property for which depreciation would be
allowable under section 168 if the qualified historic
home were used in a trade or business.
``(2) Certain expenditures not included.--
``(A) Exterior.--Such term shall not include any
expenditure in connection with the rehabilitation of a
building unless at least 5 percent of the total
expenditures made in the rehabilitation process are
allocable to the rehabilitation of the exterior of such
building.
``(B) Other rules to apply.--Rules similar to the
rules of clauses (ii) and (iii) of section 47(c)(2)(B)
shall apply.
``(3) Mixed use or multifamily building.--If only a portion
of a building is used as the principal residence of the
taxpayer, only qualified rehabilitation expenditures which are
properly allocable to such portion shall be taken into account
under this section.
``(d) Certified Rehabilitation.--For purposes of this section:
``(1) In general.--Except as otherwise provided in this
subsection, the term `certified rehabilitation' has the meaning
given such term by section 47(c)(2)(C).
``(2) Factors to be considered in the case of targeted area
residences, etc.--
``(A) In general.--For purposes of applying section
47(c)(2)(C) under this section with respect to the
rehabilitation of a building to which this paragraph
applies, consideration shall be given to--
``(i) the feasibility of preserving
existing architectural and design elements of
the interior of such building,
``(ii) the risk of further deterioration or
demolition of such building in the event that
certification is denied because of the failure
to preserve such interior elements, and
``(iii) the effects of such deterioration
or demolition on neighboring historic
properties.
``(B) Buildings to which this paragraph applies.--
This paragraph shall apply with respect to any
building--
``(i) any part of which is a targeted area
residence within the meaning of section
143(j)(1), or
``(ii) which is located within an
enterprise or empowerment zone,
but shall not apply with respect to any building which
is listed in the National Register or a State or local
register of historic places.
``(3) Cooperative agreements.--The term `certified
rehabilitation' includes a certification made in accordance
with a cooperative agreement between the Secretary of the
Interior and a State Historic Preservation Officer which
authorizes such officer (or a local government certified
pursuant to section 101(c)(1) of the National Historic
Preservation Act), subject to such terms or conditions as may
be specified in such agreement, to certify the rehabilitation
of buildings within the jurisdiction of such officer (or local
government) for purposes of this section.
``(e) Definitions and Special Rules.--For purposes of this section:
``(1) Qualified historic home.--The term `qualified
historic home' means a certified historic structure--
``(A) which has been substantially rehabilitated,
and
``(B) which (or any portion of which)--
``(i) is owned by the taxpayer, and
``(ii) is used (or will, within a
reasonable period, be used) by such taxpayer as
his principal residence.
``(2) Substantially rehabilitated.--The term `substantially
rehabilitated' has the meaning given such term by section
47(c)(1)(C); except that, in the case of any building described
in subsection (d)(2), clause (i)(I) thereof shall not apply.
``(3) Principal residence.--The term `principal residence'
has the same meaning as when used in section 1034.
``(4) Certified historic structure.--The term `certified
historic structure' has the meaning given such term by section
47(c)(3).
``(5) Enterprise or empowerment zone.--The term `enterprise
or empowerment zone' means any area designated under section
1391 as an enterprise community or an empowerment zone.
``(6) Rehabilitation not complete before certification.--A
rehabilitation shall not be treated as complete before the date
of the certification referred to in subsection (d).
``(7) Lessees.--A taxpayer who leases his principal
residence shall, for purposes of this section, be treated as
the owner thereof if the remaining term of the lease (as of the
date determined under regulations prescribed by the Secretary)
is not less than such minimum period as the regulations
require.
``(f) When Expenditures Taken Into Account.--In the case of a
building other than a building to which subsection (g) applies,
qualified rehabilitation expenditures shall be treated for purposes of
this section as made--
``(1) on the date the rehabilitation is completed, or
``(2) to the extent provided by the Secretary by
regulation, when such expenditures are properly chargeable to
capital account.
Regulations under paragraph (2) shall include a rule similar to the
rule under section 50(a)(2) (relating to recapture if property ceases
to qualify for progress expenditures).
``(g) Allowance of Credit for Purchase of Rehabilitated Historic
Home.--
``(1) In general.--In the case of a qualified purchased
historic home, the taxpayer shall be treated as having made (on
the date of purchase) the qualified rehabilitation expenditures
made by the seller of such home.
``(2) Qualified purchased historic home.--For purposes of
this subsection, the term `qualified purchased historic home'
means any substantially rehabilitated certified historic
structure purchased by the taxpayer if--
``(A) the taxpayer is the first purchaser of such
structure after the date rehabilitation is completed,
and the purchase occurs within 5 years after such date,
``(B) the structure (or a portion thereof) will,
within a reasonable period, be the principal residence
of the taxpayer,
``(C) no credit was allowed to the seller under
this section or section 47 with respect to such
rehabilitation, and
``(D) the taxpayer is furnished with such
information as the Secretary determines is necessary to
determine the credit under this subsection.
``(h) Historic Rehabilitation Mortgage Credit Certificate.--
``(1) In general.--The taxpayer may elect, in lieu of the
credit otherwise allowable under this section, to receive a
historic rehabilitation mortgage credit certificate. An
election under this paragraph shall be made--
``(A) in the case of a building to which subsection
(g) applies, at the time of purchase, or
``(B) in any other case, at the time rehabilitation
is completed.
``(2) Historic rehabilitation mortgage credit
certificate.--For purposes of this subsection, the term
`historic rehabilitation mortgage credit certificate' means a
certificate--
``(A) issued to the taxpayer, in accordance with
procedures prescribed by the Secretary, with respect to
a certified rehabilitation,
``(B) the face amount of which shall be equal to
the credit which would (but for this subsection) be
allowable under subsection (a) to the taxpayer with
respect to such rehabilitation,
``(C) which may only be transferred by the taxpayer
to a lending institution in connection with a loan--
``(i) that is secured by the building with
respect to which the credit relates, and
``(ii) the proceeds of which may not be
used for any purpose other than the acquisition
or rehabilitation of such building, and
``(D) in exchange for which such lending
institution provides the taxpayer a reduction
(determined as provided in such regulations) in the
rate of interest on the loan.
``(3) Use of certificate by lender.--The amount of the
credit specified in the certificate shall be allowed to the
lender only to offset the regular tax (as defined in section
55(c)) of such lender. The lender may carry forward all unused
amounts under this subsection until exhausted.
``(i) Recapture.--
``(1) In general.--If, before the end of the 5-year period
beginning on the date on which the rehabilitation of the
building is completed (or, if subsection (g) applies, the date
of purchase of such building by the taxpayer)--
``(A) the taxpayer disposes of such taxpayer's
interest in such building, or
``(B) such building ceases to be used as the
principal residence of the taxpayer,
the taxpayer's tax imposed by this chapter for the taxable year
in which such disposition or cessation occurs shall be
increased by the recapture percentage of the credit allowed
under this section for all prior taxable years with respect to
such rehabilitation.
``(2) Recapture percentage.--For purposes of paragraph (1),
the recapture percentage shall be determined in accordance with
the table under section 50(a)(1)(B), deeming such table to be
amended--
``(A) by striking `If the property ceases to be
investment credit property within--' and inserting `If
the disposition or cessation occurs within--', and
``(B) in clause (i) by striking `One full year
after placed in service' and inserting `One full year
after the taxpayer becomes entitled to the credit'.
``(j) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property (including any purchase under subsection (g) and any
transfer under subsection (h)), the increase in the basis of such
property which would (but for this subsection) result from such
expenditure shall be reduced by the amount of the credit so allowed.
``(k) Processing Fees.--Proceeds of fees levied for the processing
of applications for the certification of any rehabilitation under this
section--
``(1) shall be deposited in a trust fund, and
``(2) subject to appropriations Acts, may be used only to
defray expenses associated with the processing of such
applications.
``(l) Denial of Double Benefit.--No credit shall be allowed under
this section for any amount for which credit is allowed under section
47.
``(m) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations where less than all of a building is used as a
principal residence and where more than 1 taxpayer use the same
dwelling unit as their principal residence.''
(b) Conforming Amendment.--Subsection (a) of section 1016 of such
Code is amended by striking ``and'' at the end of paragraph (24), by
striking the period at the end of paragraph (25) and inserting ``,
and'', and by adding at the end the following new item:
``(26) to the extent provided in section 23(j).''
(c) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 22 the following new item:
``Sec. 23. Historic homeownership rehabilitation credit.''
(d) Effective Date.--The amendments made by this section shall
apply with respect to rehabilitations the physical work on which begins
after the date of enactment of this Act. | Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a qualified historic home. Imposes dollar limitations on such credit. | Historic Homeownership Assistance Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reform Health Care Now Act''.
SEC. 2. SENATE CONSIDERATION OF HEALTH CARE REFORM LEGISLATION.
(a) Introduction.--
(1) In general.--Not later than 30 calendar days after the
commencement of the session of Congress that follows the date
of enactment of this Act, the chair of the Senate Committee on
Health, Education, Labor, and Pensions, the Chair of the Senate
Committee on Finance, the Majority Leader of the Senate, and
the Minority Leader of the Senate shall each introduce a bill
to provide a significant increase in access to health care
coverage for the people of the United States.
(2) Minority party.--These bills may be introduced by
request and only 1 qualified bill may be introduced by each
individual referred to in paragraph (1) within a Congress. If
either committee chair fails to introduce the bill within the
30-day period, the ranking minority party member of the
respective committee may instead introduce a bill that will
qualify for the expedited procedure provided in this section.
(3) Qualified bill.--
(A) In general.--In order to qualify as a qualified
bill--
(i) the title of the bill shall be ``To
reform the health care system of the United
States and to provide insurance coverage for
Americans.'';
(ii) the bill shall reach the goal of
providing health care coverage to 95 percent of
Americans within 10 years; and
(iii) the bill shall be deficit neutral.
(B) Determination.--Whether or not a bill meets the
criteria in subparagraph (A) shall be determined by the
Chair of the Senate Budget Committee, relying on
estimates of the Congressional Budget Office, subject
to the final approval of the Senate.
(b) Referral.--
(1) Committee bills.--Upon introduction, the bill authored
by the Chair of the Senate Committee on Finance shall be
referred to that Committee and the bill introduced by the Chair
of the Senate Committee on Health, Education, Labor, and
Pensions shall be referred to that committee. If either
committee has not reported the bill referred to it (or another
qualified bill) by the end of a 60 calendar-day period
beginning on the date of referral, the committee is, as of that
date, automatically discharged from further consideration of
the bill, and the bill is placed directly on the chamber's
legislative calendar. In calculating the 60-day period,
adjournments for more than 3 days are not counted.
(2) Leader bills.--The bills introduced by the Senate
Majority Leader and the Senate Minority Leader shall, on
introduction, be placed directly on the Senate Calendar of
Business.
(c) Motion to Proceed.--
(1) In general.--On or after the third day following the
committee report or discharge or upon a bill being placed on
the calendar under subsection (b)(2), it shall be in order for
any Member, after consultation with the Majority Leader, to
move to proceed to the consideration of any qualified bill.
Notice shall first be given before proceeding. This motion to
proceed to the consideration of a bill can be offered by a
Member only on the day after the calendar day on which the
Member announces the Member's intention to offer it.
(2) Consideration.--The motion to proceed to a given
qualified bill can be made even if a motion to the same effect
has previously been rejected. No more than 3 such motions may
be made, however, in any 1 congressional session.
(3) Privileged and nondebatable.--The motion to proceed is
privileged, and all points of order against the motion to
proceed to consideration and its consideration are waived. The
motion is not debatable, is not amendable, and is not subject
to a motion to postpone.
(4) No other business or reconsideration.--The motion is
not subject to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the
motion to proceed is agreed to or disagreed to is not in order.
(d) Consideration of Qualified Bill.--
(1) In general.--If the motion to proceed is adopted, the
chamber shall immediately proceed to the consideration of a
qualified bill without intervening motion, order, or other
business, and the bill remains the unfinished business of the
Senate until disposed of. A motion to limit debate is in order
and is not debatable.
(2) Only business.--The qualified bill is not subject to a
motion to postpone or a motion to proceed to the consideration
of other business before the bill is disposed of.
(3) Relevant amendments.--Only relevant amendments may be
offered to the bill.
SEC. 3. HOUSE CONSIDERATION OF HEALTH CARE REFORM LEGISLATION.
(a) Introduction.--
(1) In general.--Not later than 30 calendar days after the
commencement of the session of Congress that follows the date
of enactment of this Act, the chair of the House Committee on
Energy and Commerce, the chair of the House Committee on Ways
and Means, the Majority Leader of the House, and the Minority
Leader of the House shall each introduce a bill to provide a
significant increase in access to health care coverage for the
people of the United States.
(2) Minority party.--These bills may be introduced by
request and only 1 qualified bill may be introduced by each
individual referred to in paragraph (1) within a Congress. If
either committee chair fails to introduce the bill within the
30-day period, the ranking minority party member of the
respective committee may, within the following 30 days, instead
introduce a bill that will qualify for the expedited procedure
provided in this section.
(3) Qualified bill.--
(A) In general.--To qualify for the expedited
procedure under this section as a qualified bill, the
bill shall--
(i) reach the goal of providing healthcare
coverage to 95 percent of Americans within 10
years; and
(ii) be deficit neutral.
(B) Determination.--Whether or not a bill meets the
criteria in subparagraph (A) shall be determined by the
Speaker's ruling on a point of order based on a
Congressional Budget Office estimate of the bill.
(b) Referral.--
(1) Committee bills.--Upon introduction, the bill authored
by the Chair of the House Committee on Energy and Commerce
shall be referred to that committee and the bill introduced by
the Chair of the House Committee on Ways and Means shall be
referred to that committee. If either committee has not
reported the bill referred to it (or another qualified bill) by
the end of 60 days of consideration beginning on the date of
referral, the committee shall be automatically discharged from
further consideration of the bill, and the bill shall be placed
directly on the Calendar of the Whole House on the State of the
Union. In calculating the 60-day period, adjournments for more
than 3 days are not counted.
(2) Leader bills.--The bills introduced by the House
Majority Leader and House Minority Leader will, on
introduction, be placed directly on the Calendar of the Whole
House on the State of the Union.
(c) Motion to Proceed.--
(1) In general.--On or after the third day following the
committee report or discharge or upon a bill being placed on
the calendar under subsection (b)(2), it shall be in order for
any Member, after consultation with the Majority Leader, to
move to proceed to the consideration of any qualified bill.
Notice must first be given before proceeding. This motion to
proceed to the consideration of a bill can be offered by a
Member only on the day after the calendar day on which the
Member announces the Member's intention to offer it.
(2) Consideration.--The motion to proceed to a given
qualified bill can be made even if a motion to the same effect
has previously been rejected. No more than 3 such motions may
be made, however, in any 1 congressional session.
(3) Privileged and nondebatable.--The motion to proceed is
privileged, and all points of order against the motion to
proceed to consideration and its consideration are waived. The
motion is not debatable, is not amendable, and is not subject
to a motion to postpone.
(4) No other business or reconsideration.--The motion is
not subject to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the
motion to proceed is agreed to or disagreed to is not in order.
(d) Consideration of a Qualified Bill.--
(1) In general.--If the motion to proceed is adopted, the
chamber will immediately proceed to the consideration of a
qualified bill without intervening motion, order, or other
business, and the bill remains the unfinished business of the
House until disposed of.
(2) Committee of the whole.--The bill will be considered in
the Committee of the Whole under the 5-minute rule, and the
bill shall be considered as read and open for amendment at any
time.
(3) Limit debate.--A motion to further limit debate is in
order and is not debatable.
(4) Relevant amendments.--Only relevant amendments may be
offered to the bill. | Reform Health Care Now Act - Requires the chairs of specified congressional committees, within 30 calendar days after the commencement of the session of Congress following the enactment of this Act, each to introduce a bill to provide a significant increase in access to health care coverage for the people of the United States.
Authorizes the ranking minority party member of a committee, if the chair fails to introduce the bill within the 30-day period, to introduce one that will qualify for the expedited procedure provided in this Act.
Qualifies a bill if: (1) its title reads "to reform the health care system of the United States and to provide insurance coverage for Americans;" (2) it reaches the goal of providing health care coverage to 95 % of Americans within 10 years; and (3) it is deficit neutral.
Sets forth procedures for expedited consideration of such legislation in both chambers. | A bill to establish an expedited procedure for congressional consideration of health care reform legislation. |
SECTION 1. CERTAIN ENTRIES OF PASTA.
(a) In general.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law and subject to the
provisions of subsection (b), the United States Customs Service shall--
(1) not later than 90 days after the receipt of the request
described in subsection (b), liquidate or reliquidate the
entries listed in subsection (c) at the antidumping duty rate
specified in case number A-475-818 of the Department of
Commerce for customer ID number A-475-818-015, in accordance
with the final results of the administrative reviews covering
the periods from January 19, 1996, through June 30, 1997, and
from July 1, 1997, through June 30, 1998, undertaken by the
Department of Commerce for such entries; and
(2) not later than 90 days after such liquidation or
reliquidation, refund the difference, including interest from
the date of entry, between any duties previously paid and the
assessed reliquidation duties, if any.
(b) Requests.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (c)
only if a request therefor is filed with the Customs Service not later
than 90 days after the date of the enactment of this Act.
(c) Entries.--The entries referred to in subsection (a) are as
follows:
Entry number Date of entry
112-9031316-0 August 1, 1997
112-9035051-9 August 12, 1997
112-9035113-7 August 8, 1997
112-9060512-8 September 19, 1997
112-9062411-1 October 6, 1997
112-9065180-9 October 18, 1997
112-9065185-8 October 18, 1997
112-9067805-9 October 6, 1997
112-9069528-5 October 6, 1997
112-9073901-8 October 11, 1997
112-9083916-4 November 8, 1997
112-9094826-2 November 17, 1997
112-9097228-8 November 23, 1997
112-9100392-7 December 6, 1997
112-9100408-1 December 6, 1997
112-9110232-3 January 12, 1998
112-9110235-6 January 7, 1998
112-9112343-6 December 15, 1997
112-9128013-7 January 11, 1998
112-9136074-9 January 28, 1998
112-9140429-9 February 8, 1998
112-9153399-8 March 7, 1998
112-9153402-0 February 28, 1998
112-9154972-1 March 14, 1998
112-9733815-8 August 27, 1996
112-9741277-4 January 18, 1996
112-9743016-4 January 26, 1996
112-9746699-4 January 30, 1996
112-9746705-9 January 30, 1996
112-9747651-4 February 2, 1996
112-9747653-0 February 2, 1996
112-9763880-8 March 19, 1996
112-9763914-5 March 22, 1996
112-9771147-2 April 14, 1996
112-9771151-4 April 14, 1996
112-9775235-1 April 22, 1996
112-9776387-9 April 30, 1996
112-9776389-5 April 29, 1996
112-9776392-9 April 29, 1996
112-9776397-8 April 29, 1996
112-9782754-2 January 24, 1996
112-9823058-9 July 28, 1996
112-9823914-3 August 1, 1996
112-9826459-6 August 12, 1996
112-9826463-8 August 19, 1996
112-9830202-4 August 19, 1996
112-9830216-4 August 23, 1996
112-9830227-1 August 19, 1996
112-9830231-3 August 12, 1996
112-9833925-7 August 27, 1996
112-9833927-3 September 4, 1996
112-9834606-2 August 16, 1996
112-9838476-6 September 3, 1996
112-9838481-6 September 3, 1996
112-9838484-0 September 3, 1996
112-9855309-7 October 8, 1996
558-1629503-8 May 14, 1996
558-1735066-7 January 21, 1997
558-1738988-9 July 21, 1997
558-1740049-6 August 30, 1997
558-1742806-7 December 18, 1998
558-1846156-2 April 22, 1998
558-1847661-0 June 23, 1998
558-1847982-0 June 30, 1998
614-0010511-2 December 7, 1995
614-0011461-9 February 1, 1996
614-0011462-7 February 1, 1996
614-0011843-8 February 23, 1996
614-0011844-6 February 19, 1996
614-0011845-3 February 19, 1996
614-0011846-1 February 16, 1996
614-0011847-9 February 16, 1996
614-0011848-7 February 16, 1996
614-0011849-5 February 16, 1996
614-0011886-7 March 8, 1996
614-0011887-5 March 8, 1996
614-0011892-5 February 24, 1996
614-0011893-3 February 24, 1996
614-0011894-1 February 24, 1996
614-0011895-8 February 24, 1996
614-0011896-6 February 24, 1996
614-0011899-0 February 24, 1996
614-0012574-8 March 20, 1996
614-0012575-5 March 8, 1996
614-0012576-3 March 8, 1996
614-0012577-1 March 8, 1996
614-0012578-9 March 8, 1996
614-0012579-7 March 8, 1996
614-0012758-7 March 8, 1996
614-0012759-5 March 15, 1996
614-0012793-4 March 28, 1996
614-0012932-8 March 22, 1996
614-0013062-3 April 18, 1996
614-0013063-1 April 18, 1996
614-0013175-3 April 9, 1996
614-0013176-1 April 8, 1996
614-0013177-9 April 8, 1996
614-0013315-5 April 18, 1996
614-0013317-1 April 18, 1996
614-0013318-9 April 18, 1996
614-0013357-7 April 26, 1996
614-0013358-5 April 26, 1996
614-0013359-3 April 26, 1996
614-0013360-1 April 26, 1996
614-0013361-9 April 26, 1996
614-0013362-7 April 26, 1996
614-0013363-5 April 26, 1996
614-0013364-3 April 26, 1996
614-0013595-2 May 4, 1996
614-0013596-0 May 4, 1996
614-0013597-8 May 4, 1996
614-0013598-6 May 4, 1996
614-0013740-4 May 17, 1996
614-0013741-2 May 16, 1996
614-0013752-9 May 20, 1996
614-0015508-3 July 10, 1996
614-0015540-6 August 3, 1996
614-0015541-4 August 3, 1996
614-0015542-2 July 24, 1996
614-0015543-0 July 24, 1996
614-0015544-8 July 24, 1996
614-0015545-5 July 24, 1996
614-0015546-3 July 24, 1996
614-0015547-1 July 24, 1996
614-0015548-9 July 24, 1996
614-0015549-7 August 3, 1996
614-0015550-5 August 3, 1996
614-0015752-7 August 5, 1996
614-0015754-3 August 5, 1996
614-0015755-0 August 9, 1996
614-0015756-8 August 9, 1996
614-0016033-1 August 17, 1996
614-0016034-9 August 17, 1996
614-0016035-6 August 17, 1996
614-0016036-4 August 17, 1996
614-0016037-2 August 17, 1996
614-0016233-7 August 23, 1996
614-0016234-5 August 30, 1996
614-0016236-0 August 30, 1996
614-0016237-8 August 30, 1996
614-0016238-6 August 30, 1996
614-0016239-4 August 30, 1996
614-0016242-8 August 20, 1996
614-0016243-6 August 20, 1996
614-0016483-8 September 13, 1996
614-0016484-6 September 13, 1996
614-0016485-3 September 13, 1996
614-0016486-1 September 13, 1996
614-0024377-2 June 27, 1997
614-0026871-2 December 2, 1997
614-0027212-8 December 11, 1997
614-0027615-2 January 4, 1998
614-0028100-4 February 19, 1998
614-0028101-2 February 15, 1998
614-0028102-0 February 19, 1998
614-0028104-6 February 15, 1998
614-0028193-9 February 23, 1998
614-0028194-7 February 24, 1998
614-0028255-6 March 3, 1998
614-0028267-1 March 9, 1998
614-0028268-9 March 9, 1998
614-0028279-6 March 7, 1998
614-0028434-7 March 15, 1998
614-0028438-8 March 15, 1998
614-0028716-7 April 9, 1998
614-0028718-3 April 13, 1998
614-0028719-1 April 16, 1998
614-0028776-1 April 17, 1998
614-0028793-6 April 27, 1998
614-0028864-5 April 23, 1998
614-0028868-6 April 20, 1998
614-0028869-4 April 20, 1998
614-0028870-2 April 21, 1998
614-0028871-0 April 21, 1998
614-0028872-8 April 21, 1998
614-0028873-6 April 21, 1998
614-0028966-8 April 27, 1998
614-0028983-3 May 5, 1998
614-0029042-7 May 4, 1998
614-0029043-5 May 4, 1998
614-0029565-7 June 21, 1998
614-0029566-5 June 21, 1998
614-0029567-3 June 21, 1998
614-0029835-4 June 23, 1998
614-0029840-4 June 23, 1998
614-0029841-2 June 23, 1998
614-0029870-1 June 22, 1998
614-0029871-9 June 23, 1998
FD6-2007567-7 June 19, 1998
FD6-2007568-5 June 19, 1998 | Directs the Customs Service to liquidate or reliquidate certain entries of pasta and to refund any amounts owed. | To provide for the liquidation or reliquidation of certain entries of pasta. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dam Rehabilitation and Repair Act of
2006''.
SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by redesignating paragraphs (3), (4), (5), (6), (7),
(8), (9), (10), (11), (12), and (13) as paragraphs (4), (5),
(6), (7), (8), (9), (10), (12), (13), (14), and (15),
respectively;
(2) by inserting after paragraph (2) the following:
``(3) Deficient dam.--The term `deficient dam' means a dam
that, as determined by the State within the boundaries of which
the dam is located--
``(A) fails to meet minimum dam safety standards of
the State; and
``(B) poses an unacceptable risk to the public.'';
and
(3) by inserting after paragraph (10) (as redesignated by
paragraph (1)) the following:
``(11) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam to
meet applicable State dam safety and security standards.''.
(b) Program for Rehabilitation and Repair of Deficient Dams.--The
National Dam Safety Program Act is amended by inserting after section 8
(33 U.S.C. 467f) the following:
``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
``(a) Establishment of Program.--The Director shall establish,
within FEMA, a program to provide grants to States for use in
rehabilitation of publicly-owned deficient dams.
``(b) Grants.--
``(1) In general.--In carrying out the program established
under subsection (a), the Director--
``(A) may provide grants to States for the
rehabilitation of deficient dams; and
``(B) shall enter into a project grant agreement
with each State that receives a grant to establish the
terms of the grant and the project, including the
amount of the grant.
``(2) Application.--To receive a grant under this section,
a State shall submit to the Director an application at such
time, in such manner, and containing such information as the
Director may require, by regulation.
``(c) Priority System.--The Director, in consultation with the
Board, shall develop a risk-based priority system for use in
identifying deficient dams for which grants may be provided under this
section.
``(d) Allocation of Funds.--During a fiscal year, of amounts
appropriated pursuant to subsection (f)(1) for that fiscal year--
``(1) \1/3\ shall be distributed equally among the States
that receive grants under this section; and
``(2) \2/3\ shall be distributed among the States described
in paragraph (1) based on the ratio that--
``(A) the number of non-Federal publicly-owned dams
located within the boundaries of a State that the
Secretary of the Army identifies in the national
inventory of dams maintained under section 6 as
constituting a danger to human health; bears to
``(B) the number of non-Federal publicly-owned dams
so identified located within the boundaries of all
States that receive grants under this section.
``(e) Cost Sharing.--The Federal share of the cost of
rehabilitation of a deficient dam for which a grant is made under this
section shall be not more than 65 percent.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section, to remain available until expended--
``(A) $50,000,000 for fiscal year 2007; and
``(B) $100,000,000 for each of fiscal years 2008
through 2010.
``(2) Staff.--There is authorized to be appropriated to
provide for the employment of such additional staff of FEMA as
the Director determines to be necessary to carry out this
section $400,000 for each of fiscal years 2007 through 2009, to
remain available until expended.''.
SEC. 3. RULEMAKING.
(a) Proposed Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Under Secretary for Emergency Preparedness
and Response, acting through the Director of the Federal Emergency
Management Agency, shall issue a notice of proposed rulemaking
regarding the amendments made by section 2 to the National Dam Safety
Program Act (33 U.S.C. 467 et seq.).
(b) Final Rule.--Not later than 120 days after the date of
enactment of this Act, the Under Secretary for Emergency Preparedness
and Response, acting through the Director of the Federal Emergency
Management Agency, shall promulgate a final rule regarding the
amendments described in subsection (a). | Dam Rehabilitation and Repair Act of 2006 - Amends the National Dam Safety Program Act to require the Director of the Federal Emergency Management Agency (FEMA) to establish a program to provide grants to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams).
Sets forth provisions regarding procedures for grant awards and fund allocation. Requires the Director to develop a risk-based priority system for identifying deficient dams for which such grants may be provided. Limits the federal share of rehabilitation costs to 65%. | A bill to amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pre-K for USA Act.''
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States ranks 25th in early learning
enrollment with fewer than 3 out of 10 four-year-olds enrolled
in high-quality prekindergarten programs.
(2) Studies show that children with access to high-quality
prekindergarten programs are less likely to repeat a grade or
drop out of high school, and more likely to succeed in their
careers.
(3) Every public dollar spent on high-quality
prekindergarten programs returns $7 through a reduced need for
spending on other services such as remedial education, grade
repetition, and special education.
(4) Children who attended prekindergarten are less likely
to develop drug problems, commit a felony, and go to prison,
and are half as likely to be arrested.
(5) Children who attended prekindergarten usually have
higher grade point averages and are more likely to attend a
four-year college.
(6) About 40 percent of school districts do not offer
prekindergarten programs.
(7) Over half of school districts that have pre-
kindergarten programs offer only part-day programs.
(8) Texas missed out on up to $118.48 million in Federal
funding to expand prekindergarten programs.
(9) Reports showed that in 2011 the Texas legislature cut
approximately $5.4 billion in education funding and eliminated
the $200 million in grants it offered to schools to expand
prekindergarten programs from half-day to full-day.
(10) In response to the State of Texas' education funding
cuts, certain local governments took it upon themselves to fund
full-day prekindergarten programs.
(11) For these reasons, certain localities, including local
governments and local educational agencies would benefit from
direct application prekindergarten Federal program funding.
SEC. 3. PREKINDERGARTEN DEVELOPMENT GRANTS.
(a) In General.--The Secretary of Education, in consultation with
the Secretary of Health and Human Services, shall award competitive
grants to States, local educational agencies, or other local government
entities that wish to increase their capacity and build the
infrastructure within the State to offer high-quality prekindergarten
programs.
(b) Grant Duration.--The Secretary shall award grants under this
Act for a period of not more than 3 years. Such grants shall not be
renewed.
(c) Application.--
(1) In general.--A Governor, or chief executive officer of
a State, a local educational agency, or another local
government entity that desires to receive a grant under this
Act shall submit an application to the Secretary of Education
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
(2) Development of state application.--In developing an
application for a grant under this Act, a State shall consult
with the State Advisory Council on Early Childhood Education
and Care and incorporate their recommendations, where
applicable.
(d) Matching Requirement.--
(1) In general.--To be eligible to receive a grant under
this Act, a State, local educational agency, or other local
government entity shall contribute for the activities for which
the grant was awarded non-Federal matching funds in an amount
equal to not less than 20 percent of the amount of the grant.
(2) Non-federal funds.--To satisfy the requirement of
paragraph (1), a State, local educational agency, or other
local government entity may use--
(A) non-Federal resources in the form of State
funding, local funding, or contributions from
philanthropy or other private sources, or a combination
of such resources; or
(B) in-kind contributions.
(3) Financial hardship waiver.--The Secretary may waive
paragraph (1) or reduce the amount of matching funds required
under that paragraph for a State, local educational agency, or
other local government entity that has submitted an application
for a grant under this subsection if the State, local
educational agency, or other local government entity
demonstrates, in the application, a need for such a waiver or
reduction due to extreme financial hardship, as determined by
the Secretary.
(e) Subgrants.--
(1) In general.--A State, local educational agency, or
other local government entity awarded a grant under this
subtitle may use the grant funds to award subgrants to eligible
local entities, to carry out the activities under the grant.
(2) Subgrantees.--An eligible local entity awarded a
subgrant under paragraph (1) shall comply with the requirements
of this Act relating to grantees, as appropriate.
(f) Double-Dipping Prevention.--The Secretary may not award a
subgrant to a local educational agency or other local government entity
under subsection (e) for a program in a fiscal year if the State,
agency, or entity received funding for the program in such fiscal year.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $750,000,000 for fiscal year 2016; and
(2) such sums as may be necessary for each of fiscal years
2017 through 2025.
SEC. 4. DEFINITIONS.
In this Act:
(1) Eligible local entity.--The term ``eligible local
entity'' means--
(A) a local educational agency, including a charter
school or a charter management organization that acts
as a local educational agency, or an educational
service agency in partnership with a local educational
agency;
(B) an entity (including a Head Start program or
licensed child care setting) that carries out,
administers, or supports an early childhood education
program; or
(C) a consortium of entities described under
subparagraph (A) or (B).
(2) Full-day.--The term ``full-day'' means a day that is--
(A) equivalent to a full school day at the public
elementary schools in the State; and
(B) not less than 5 hours.
(3) High-quality prekindergarten program.--The term ``high-
quality prekindergarten program'' means a prekindergarten
program supported by an eligible local entity that includes, at
a minimum, the following elements based on nationally
recognized standards:
(A) Serves children who--
(i) are age 4 or children who are age 3 or
4, by the eligibility determination date
(including children who turn age 5 while
attending the program); or
(ii) have attained the legal age for State-
funded prekindergarten.
(B) Requires high staff qualifications, including
that teachers meet the requirements of 1 of the
following clauses:
(i) The teacher has a bachelor's degree in
early childhood education or a related field
with coursework that demonstrates competence in
early childhood education;
(ii) The teacher--
(I) has a bachelor's degree in any
field;
(II) has demonstrated knowledge of
early childhood education through
passage of a State-approved assessment
in early childhood education;
(III) engages in ongoing
professional development in early
childhood education for not less than 2
years; and
(IV) is enrolled in a State-
approved educator preparation program
in which the teacher receives ongoing
training and support in early childhood
education and is making progress toward
the completion of the program in not
more than 3 years; or
(iii) The teacher has a bachelor's degree
in any field with a credential, license, or
endorsement that demonstrates competence in
early childhood education.
(C) Maintains a maximum class size of 20 children.
(D) Maintains a child to instructional staff ratio
that does not exceed 10 to 1.
(E) Offers a full-day program.
(F) Provides developmentally appropriate learning
environments and evidence-based curricula that are
aligned with the State's early learning and development
standards.
(G) Offers instructional staff salaries comparable
to kindergarten through grade 12 teaching staff.
(H) Provides for ongoing monitoring and program
evaluation to ensure continuous improvement.
(I) Offers accessible comprehensive services for
children that--
(i) include, at a minimum--
(I) screenings for vision, dental,
health (including mental health), and
development and referrals, and
assistance obtaining services, when
appropriate;
(II) family engagement
opportunities (taking into account home
language), such as parent conferences
(including parent input about their
child's development) and support
services, such as parent education and
family literacy services;
(III) nutrition services, including
nutritious meals and snack options
aligned with requirements set by the
most recent Child and Adult Care Food
Program guidelines promulgated by the
Department of Agriculture as well as
regular, age-appropriate, nutrition
education for children and their
families;
(IV) programs coordinated with
local educational agencies and entities
providing programs authorized under
section 619 and part C of the
Individuals with Disabilities Education
Act (20 U.S.C. 1419 and 1431 et seq.);
(V) physical activity programs
aligned with evidence-based guidelines,
such as those recommended by the
Institute of Medicine, and that take
into account and accommodate children
with disabilities; and
(VI) additional support services,
as appropriate, based on the findings
of a needs analysis; and
(ii) are provided on-site, to the maximum
extent feasible.
(J) Provides high-quality professional development
for staff, including regular in-class observation for
teachers and teacher assistants by individuals trained
in observation and which may include evidence-based
coaching.
(K) Meets the education performance standards in
effect under section 641A(a)(1)(B) of the Head Start
Act (42 U.S.C. 9836a(a)(1)(B)).
(L) Maintains evidence-based health and safety
standards.
(4) ESEA terms.--The terms ``local educational agency'' and
``State'' have the meanings given the terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education. | Pre-K for USA Act This bill requires the Department of Education (ED) to award high-quality prekindergarten (pre-K) program development grants on a competitive basis to states, local education agencies, or other local government entities. A grant recipient may use the grant funds to award subgrants to local entities, provided that the entity did not receive pre-K program funding within the same fiscal year. Grants are nonrenewable and shall be awarded for a period of no more than three years. Unless granted a financial hardship waiver by ED, a grant recipient shall contribute matching funds equal to at least 20% of the grant amount. | Pre-K for USA Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nicaraguan Investment Conditionality
Act (NICA) of 2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In 2006, Nicaragua, under President Enrique Bolanos,
entered into a $175,000,000, 5-year compact with the Millennium
Challenge Corporation (MCC).
(2) After the 2008 municipal elections, the MCC stated that
there was a pattern of decline in political rights and civil
liberties in Nicaragua.
(3) In 2009, the MCC terminated the compact and reduced the
amount of MCC funds available to Nicaragua by $61,500,000,
which led to the compact ending in 2011.
(4) According to Nicaraguan law, the National Assembly is
the only institution allowed to change the constitution, but in
2009, Daniel Ortega circumvented the legislature and went to
the Supreme Court, which he controls, to rule in his favor that
Presidential term limits were inapplicable.
(5) The Committee on Foreign Affairs of the House of
Representatives convened a congressional hearing on December 1,
2011, entitled ``Democracy Held Hostage in Nicaragua: Part 1''
where former United States Ambassador to Nicaragua Robert
Callahan testified ``[f]irst, that Daniel Ortega's candidacy
was illegal, illegitimate, and unconstitutional; second, that
the period leading to the elections and the elections
themselves were marred by serious fraud; third, that Daniel
Ortega and his Sandinista party have systematically undermined
the country's fragile governmental institutions''.
(6) From fiscal year 2012 until present, the Department of
State found that the Government of Nicaragua did not meet
international standards of fiscal transparency.
(7) On January 25, 2012, a press statement from Secretary
of State Hillary Clinton stated, ``As noted by international
observers and Nicaraguan civil society groups, Nicaragua's
recent elections were not conducted in a transparent and
impartial manner, and the entire electoral process was marred
by significant irregularities. The elections marked a setback
to democracy in Nicaragua and undermined the ability of
Nicaraguans to hold their government accountable.''.
(8) According to the Department of State's 2015 Fiscal
Transparency Report: ``Nicaragua's fiscal transparency would be
improved by including all off-budget revenue and expenditure in
the budget, auditing state-owned enterprises, and conducting a
full audit of the government's annual financial statements and
making audit reports publicly available within a reasonable
period of time.''.
(9) According to the Department of State's Country Reports
on Human Rights Practices for 2015: ``In 2011 the Supreme
Electoral Council (CSE) announced the re-election of President
Daniel Ortega Saavedra of the Sandinista National Liberation
Front (FSLN) in elections that international and domestic
observers characterized as seriously flawed. International and
domestic organizations raised concerns regarding the
constitutional legitimacy of Ortega's re-election. The 2011
elections also provided the ruling party with a supermajority
in the National Assembly, allowing for changes in the
constitution, including extending the reach of executive branch
power and the elimination of restrictions on re-election for
executive branch officials and mayors. Observers noted serious
flaws during the 2012 municipal elections and March 2014
regional elections.''.
(10) According to the Department of State's Country Reports
on Human Rights Practices for 2015 in Nicaragua: ``The
principal human rights abuses were restrictions on citizens'
right to vote; obstacles to freedom of speech and press,
including government intimidation and harassment of journalists
and independent media, as well as increased restriction of
access to public information, including national statistics
from public offices; and increased government harassment and
intimidation of nongovernmental organizations (NGOs) and civil
society organizations''.
(11) The same 2015 report stated: ``Additional significant
human rights abuses included considerably biased policies to
promote single-party dominance; arbitrary police arrest and
detention of suspects, including abuse during detention; harsh
and life-threatening prison conditions with arbitrary and
lengthy pretrial detention; discrimination against ethnic
minorities and indigenous persons and communities.''.
(12) In February 2016, the Ortega regime detained and
expelled Freedom House's Latin America Director, Dr. Carlos
Ponce, from Nicaragua.
(13) On June 3, 2016, the Nicaraguan Supreme Court, which
is controlled by Nicaragua's leader, Daniel Ortega, instructed
the Supreme Electoral Council not to swear in Nicaraguan
opposition members to the departmental and regional electoral
councils.
(14) On June 5, 2016, regarding international observers for
the 2016 Presidential elections, President Ortega stated,
``Here, the observation ends. Go observe other countries . . .
There will be no observation, neither from the European Union,
nor the OAS . . .''.
(15) On June 7, 2016, the Department of State's Bureau of
Democracy, Human Rights and Labor posted on social media:
``Disappointed government of Nicaragua said it will deny
electoral observers requested by Nicaraguan citizens, church,
and private sector . . . We continue to encourage the
government of Nicaragua to allow electoral observers as
requested by Nicaraguans.''.
(16) On June 14, 2016, President Ortega expelled three
United States Government officials (two officials from U.S.
Customs and Border Protection and one professor from the
National Defense University) from Nicaragua.
(17) On June 29, 2016, the Department of State issued a
Nicaragua Travel Alert which stated, ``The Department of State
alerts United States citizens about increased government
scrutiny of foreigners' activities, new requirements for
volunteer groups, and the potential for demonstrations during
the upcoming election season in Nicaragua . . . Nicaraguan
authorities have denied entry to, detained, questioned, or
expelled foreigners, including United States Government
officials, academics, NGO workers, and journalists, for
discussions, written reports or articles, photographs, and/or
videos related to these topics. Authorities may monitor and
question private United States citizens concerning their
activities, including contact with Nicaraguan citizens.''.
(18) On August 1, 2016, the Department of State issued a
press release to express grave concern over the Nicaraguan
government limiting democratic space leading up to the
elections in November and stated, ``[O]n June 8, the Nicaraguan
Supreme Court stripped the opposition Independent Liberal Party
(PLI) from its long recognized leader. The Supreme Court took
similar action on June 17 when it invalidated the leadership of
the Citizen Action Party, the only remaining opposition party
with the legal standing to present a presidential candidate.
Most recently, on July 29, the Supreme Electoral Council
removed 28 PLI national assembly members (16 seated and 12
alternates) from their popularly-elected positions.''.
(19) On November 7, 2016, the Department of State issued a
press release stating, ``The United States is deeply concerned
by the flawed presidential and legislative electoral process in
Nicaragua, which precluded the possibility of a free and fair
election on November 6. In advance of the elections, the
Nicaraguan government sidelined opposition candidates for
president, limited domestic observation at the polls and access
to voting credentials, and took other actions to deny
democratic space in the process. The decision by the Nicaraguan
government not to invite independent international electoral
observers further degraded the legitimacy of the election.''.
(20) In November and December of 2016, the Board of
Executive Directors of the Inter-American Development Bank
postponed consideration of a policy-based loan of $65,000,000
to the Government of Nicaragua due to the efforts of the United
States mission that expressed serious concerns of the absence
of transparency, systemic corruption, and the lack of free and
fair elections in Nicaragua.
(21) On February 2017, the European Parliament issued a
resolution on the situation of human rights and democracy in
Nicaragua and expressed concern of the ``deteriorating human
rights situation in Nicaragua and deplores the attacks and acts
of harassment to which human rights organizations and their
members and independent journalists have been subjected by
individuals, political forces and bodies linked to the
State.''.
(22) According to the Department of State's Country Reports
on Human Rights Practices for 2016: ``actions by the ruling
Sandinista National Liberation Front (FSLN) party resulted in
de facto concentration of power in a single party, with an
authoritarian executive branch exercising significant control
over the legislative, judicial, and electoral functions.''.
(23) According to the Department of State's Country Reports
on Human Rights Practices for 2016 in Nicaragua: ``The November
6 elections for president, vice president, national assembly
members, and representatives for the Central American
parliament did not meet the conditions of being free and fair .
. . The November 6 presidential and legislative elections were
marred by allegations of institutional fraud and the absence of
independent opposition political parties. National observers
and opposition leaders claimed rates of abstention from 60 to
70 percent.''.
(24) According to the Department of State's Country Reports
on Human Rights Practices for 2016: ``Companies reported that
bribery of public officials, unlawful seizures, and arbitrary
assessments by customs and tax authorities were common . . .
The courts remained particularly susceptible to bribes,
manipulation, and other forms of corruption, especially by the
FSLN, giving the sense that the FSLN heavily influenced CSJ and
lower-level court actions.''.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to support--
(1) the rule of law and an independent judiciary and
electoral council in Nicaragua;
(2) independent pro-democracy organizations in Nicaragua;
(3) free, fair, and transparent elections under
international and domestic observers in Nicaragua; and
(4) anti-corruption and transparency efforts in Nicaragua.
SEC. 4. INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) In General.--The President shall instruct the United States
Executive Director at each international financial institution to use
the voice, vote, and influence of the United States to oppose any loan
for the benefit of the Government of Nicaragua, other than to address
basic human needs or promote democracy, unless the Secretary of State
certifies and reports to the appropriate congressional committees that
the Government of Nicaragua is taking effective steps to--
(1) hold free, fair, and transparent elections overseen by
credible domestic and international electoral observers;
(2) promote democracy, as well as an independent judicial
system and electoral council;
(3) strengthen the rule of law;
(4) respect the right to freedom of association and
expression;
(5) combat corruption, including investigating and
prosecuting government officials credibly alleged to be
corrupt; and
(6) to protect the right of political opposition parties,
journalists, trade unionists, human rights defenders, and other
civil society activists to operate without interference.
(b) Report.--The Secretary of the Treasury shall submit to the
appropriate congressional committees a written report assessing--
(1) the effectiveness of the international financial
institutions in enforcing applicable program safeguards in
Nicaragua; and
(2) the effects of the matters described in section 2 on
long-term prospects for positive development outcomes in
Nicaragua.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Committee on Financial
Services of the House of Representatives.
(2) International financial institution.--The term
``international financial institution'' means--
(A) the International Monetary Fund;
(B) the International Bank for Reconstruction and
Development;
(C) the European Bank for Reconstruction and
Development;
(D) the International Development Association;
(E) the International Finance Corporation;
(F) the Multilateral Investment Guarantee Agency;
(G) the African Development Bank;
(H) the African Development Fund;
(I) the Asian Development Bank;
(J) the Inter-American Development Bank;
(K) the Bank for Economic Cooperation and
Development in the Middle East and North Africa; and
(L) the Inter-American Investment Corporation.
(d) Termination.--This section shall terminate on the day after the
earlier of--
(1) the date on which the Secretary of State certifies and
reports to the appropriate congressional committees that the
requirements of subsection (a) have been met; or
(2) 5 years after the date of the enactment of this Act.
(e) Waiver.--The President may waive the requirements of this
section if the President determines that such a waiver is in the
national interest of the United States.
SEC. 5. ORGANIZATION OF AMERICAN STATES.
(a) Findings.--Congress finds that, according to the Organization
of American States (OAS) report on the Nicaraguan 2011 Presidential
elections, ``Nicaragua: Final Report, General Elections, OAS (2011)'',
the OAS made the following recommendations to the Government of
Nicaragua:
(1) Prepare alternative procedures for updating the
electoral roll when a registered voter dies.
(2) Publish the electoral roll so that new additions,
changes of address, and exclusions can be checked.
(3) Reform the mechanism for accreditation of poll watchers
using a formula that ensures that the political parties will
have greater autonomy to accredit their respective poll
watchers.
(4) Institute regulations to ensure that party poll
watchers are involved in all areas of the electoral structure,
including the departmental, regional, and municipal electoral
councils and polling stations. Rules should be crafted to spell
out their authorities and functions and the means by which they
can exercise their authority and perform their functions.
(5) Redesign the CSE administrative structure at the
central and field levels, while standardizing technical and
operational procedures, including the design of control
mechanisms from the time registration to the delivery of the
document to the citizens; the process of issuing identity cards
should be timed to the calendar and, to avoid congestion within
the process, be evenly spaced.
(b) Electoral Observation Mission.--The President shall direct the
United States Permanent Representative to the Organization of American
States (OAS) to use the voice, vote, and influence of the United States
at the OAS to strongly advocate for an Electoral Observation Mission to
be sent to Nicaragua in 2017.
SEC. 6. STATEMENT OF POLICY.
The Department of State and the United States Agency for
International Development should prioritize foreign assistance to the
people of Nicaragua to assist civil society in democracy and governance
programs, including human rights documentation.
SEC. 7. REPORT ON CORRUPTION IN NICARAGUA.
(a) Report Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in consultation with
the intelligence community (as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 3003(4))), shall submit to Congress a
report on the involvement of senior Government of Nicaragua officials,
including members of the Supreme Electoral Council, the National
Assembly, and the judicial system, in acts of public corruption or
human rights violations in Nicaragua.
(b) Form.--The report required in subsection (a) shall be submitted
in unclassified form, but may contain a classified annex. The
unclassified portion of the report shall be made available to the
public. | Nicaraguan Investment Conditionality Act (NICA) of 2017 This bill directs the President to instruct the U.S. Executive Director at each international financial institution to use U.S. influence to oppose any loan for the government of Nicaragua's benefit, other than for basic human needs or to promote democracy, unless the Department of State certifies that Nicaragua is taking effective steps to: hold free elections overseen by credible domestic and international electoral observers; promote democracy and an independent judicial system and electoral council; strengthen the rule of law; respect the right to freedom of association and expression; combat corruption, including investigating and prosecuting government officials credibly alleged to be corrupt; and protect the right of political opposition parties, journalists, trade unionists, human rights defenders, and other civil society activists to operate without interference. The Department of the Treasury shall submit to Congress a report assessing: (1) the effectiveness of the international financial institutions in enforcing applicable program safeguards in Nicaragua, and (2) the effects of specified constitutional and election concerns in Nicaragua on long-term prospects for positive development outcomes there. The President may waive such requirements in the U.S. national interest. The bill requires: (1) the President to direct the U.S. Permanent Representative to the Organization of American States to use U.S. influence to advocate for an Electoral Observation Mission to be sent to Nicaragua in 2017, and (2) the State Department to report on the involvement of senior Nicaraguan government officials in acts of public corruption or human rights violations. | Nicaraguan Investment Conditionality Act (NICA) of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Cloning Prohibition Act of
2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Human cloning is unsafe, immoral, and unacceptable.
(2) Federal legislation should be enacted to prohibit
anyone from attempting to conduct human cloning, whether using
Federal or non-Federal funds.
(3) To deter human cloning, any attempt to create a human
clone should be a felony subject to severe punishment.
(4) The National Academies (including the National Academy
of Sciences and the Institute of Medicine) and the National
Bioethics Advisory Commission recommended that any legislative
action undertaken to ban human cloning should be careful not to
interfere with important areas of scientific research, such as
nuclear transplantation to produce stem cells.
(5) The National Academies found that there are significant
differences between human cloning and nuclear transplantation.
Specifically, the Academies determined that, unlike human
cloning, the creation of embryonic stem cells by nuclear
transplantation does not involve implantation of an embryo in a
uterus and thus cannot produce a complete, live-born animal
(that is, a ``clone'').
(6) The National Academies found that scientific and
medical considerations that justify a ban on human cloning are
not applicable to nuclear transplantation.
(7) The National Academies concluded that nuclear
transplantation has great potential to increase the
understanding and potential treatment of various diseases and
debilitating disorders, as well as our fundamental biological
knowledge. These diseases and disorders include Lou Gehrig's
disease, Parkinson's disease, Alzheimer's disease, spinal-cord
injury, cancer, cardiovascular diseases, diabetes, rheumatoid
arthritis, and many others.
(8) The National Academies determined that nuclear
transplantation research could improve our ability to
transplant healthy tissue derived from stem cells into patients
with damaged or diseased organs. Such research could greatly
reduce the likelihood that a person's body would reject that
tissue and also help obviate the need for immunosuppressive
drugs, which often have severe and potentially life-threatening
side effects.
(9) Based on these expert conclusions and recommendations
and other evidence, nuclear transplantation is a valuable area
of research that could potentially save millions of lives and
relieve the suffering of countless others, and thus should not
be banned.
(10) The National Academies recommended that nuclear
transplantation experiments should be subject to close scrutiny
under the Federal procedures and rules concerning human-
subjects research.
(11) Given the need for additional oversight in this area,
strict ethical requirements for human subjects research,
including informed consent, safety and privacy protections, and
review by an ethics board, should be prescribed for all
research involving nuclear transplantation, whether using
Federal or non-Federal funds.
(12)(A) Biomedical research and clinical facilities engage
in and affect interstate commerce.
(B) The services provided by clinical facilities move in
interstate commerce.
(C) Patients travel regularly across State lines in order
to access clinical facilities.
(D) Biomedical research and clinical facilities engage
scientists, doctors, and others in an interstate market, and
contract for research and purchase medical and other supplies
in an interstate market.
SEC. 3. PURPOSES.
It is the purpose of this Act to prohibit human cloning and to
protect important areas of medical research, including stem cell
research.
SEC. 4. PROHIBITION ON HUMAN CLONING.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 15, the following:
``CHAPTER 16--PROHIBITION ON HUMAN CLONING
``Sec.
``301. Prohibition on human cloning.
``Sec. 301. Prohibition on human cloning
``(a) Definitions.--In this section:
``(1) Human cloning.--The term `human cloning' means
implanting or attempting to implant the product of nuclear
transplantation into a uterus or the functional equivalent of a
uterus.
``(2) Human somatic cell.--The term `human somatic cell'
means any human cell other than a haploid germ cell.
``(3) Nuclear transplantation.--The term `nuclear
transplantation' means transferring the nucleus of a human
somatic cell into an oocyte from which the nucleus or all
chromosomes have been or will be removed or rendered inert.
``(4) Nucleus.--The term `nucleus' means the cell structure
that houses the chromosomes.
``(5) Oocyte.--The term `oocyte' means the female germ
cell, the egg.
``(b) Prohibitions on Human Cloning.--It shall be unlawful for any
person or other legal entity, public or private--
``(1) to conduct or attempt to conduct human cloning; or
``(2) to ship the product of nuclear transplantation in
interstate or foreign commerce for the purpose of human cloning
in the United States or elsewhere.
``(c) Protection of Research.--Nothing in this section shall be
construed to restrict practices not expressly prohibited in this
section.
``(d) Penalties.--
``(1) Criminal penalties.--Whoever intentionally violates
paragraph (1) or (2) of subsection (b) shall be fined under
this title and imprisoned not more than 10 years.
``(2) Civil penalties.--Whoever intentionally violates
paragraph (1) or (2) of subsection (b) shall be subject to a
civil penalty of $1,000,000 or three times the gross pecuniary
gain resulting from the violation, whichever is greater.
``(3) Forfeiture.--Any property, real or personal, derived
from or used to commit a violation or attempted violation of
the provisions of subsection (b), or any property traceable to
such property, shall be subject to forfeiture to the United
States in accordance with the procedures set forth in chapter
46 of title 18, United States Code.
``(e) Right of Action.--Nothing in this section shall be construed
to give any individual or person a private right of action.''.
(b) Ethical Requirements for Nuclear Transplantation Research.--
Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et
seq.) is amended by adding at the end the following:
``SEC. 498C. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH,
INCLUDING INFORMED CONSENT, INSTITUTIONAL REVIEW BOARD
REVIEW, AND PROTECTION FOR SAFETY AND PRIVACY.
``(a) Definitions.--In this section:
``(1) Human somatic cell.--The term `human somatic cell'
means any human cell other than a haploid germ cell.
``(2) Nuclear transplantation.--The term `nuclear
transplantation' means transferring the nucleus of a human
somatic cell into an oocyte from which the nucleus or all
chromosomes have been or will be removed or rendered inert.
``(3) Nucleus.--The term `nucleus' means the cell structure
that houses the chromosomes.
``(4) Oocyte.--The term `oocyte' means the female germ
cell, the egg.
``(b) Applicability of Federal Ethical Standards to Nuclear
Transplantation Research.--Research involving nuclear transplantation
shall be conducted in accordance with subparts A and B of part 46 of
title 45, Code of Federal Regulations (as in effect on the date of
enactment of the Human Cloning Prohibition Act of 2002).
``(c) Civil Penalties.--Whoever intentionally violates subsection
(b) shall be subject to a civil penalty in an amount that is
appropriate for the violation involved, but not more than $250,000.
``(d) Enforcement.--The Secretary of Health and Human Services
shall have the exclusive authority to enforce this section.''. | Human Cloning Prohibition Act of 2002 - Amends the Federal criminal code to prohibit: (1) conducting or attempting to conduct human cloning; or (2) shipping the product of nuclear transplantation in interstate or foreign commerce for the purpose of human cloning.Provides that nothing in this Act shall be construed to restrict practices not expressly prohibited.Prescribes civil and criminal penalties for violations and subjects any real or personal property derived from or used to commit a violation to forfeiture.Amends the Public Health Service Act to require research involving nuclear transplantation to be conducted in accordance with certain Federal standards for the protection of human subjects. | A bill to prohibit human cloning while preserving important areas of medical research, including stem cell research. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Access Preservation Act
of 1998''.
SEC. 2. REVISION OF PER BENEFICIARY LIMIT.
(a) In General.--
(1) In general.--Section 1861(v)(1)(L) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(L)) (as amended by section
4602(c) of the Balanced Budget Act of 1997) is amended--
(A) by amending clause (v) to read as follows:
``(v) For services furnished by home health agencies for cost
reporting periods beginning on or after October 1, 1998, the Secretary
shall provide for an interim system of limits. Payment shall not exceed
the costs determined under the preceding provisions of this
subparagraph or, if lower, the product of--
``(I) the agency-specific per beneficiary annual limitation
(as determined under clause (viii)) (which is calculated based
50 percent on the national average of all payments under this
title for home health services per person served during
calendar year 1994 and 50 percent on the average of all
payments under this title for home health services per person
served in the agency's census division in calendar year 1994);
and
``(II) the agency's unduplicated census count of patients
(entitled to benefits under this title) for the cost reporting
period subject to the limitation.''; and
(B) by adding at the end the following:
``(viii) For purposes of clause (v)(I), the agency-specific per
beneficiary annual limitation is the following amount (adjusted by the
area wage index applicable under section 1886(d)(3)(E) and determined
in the manner described in clause (iii)):
``(I) For an agency located in the New England census
division (Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, and Vermont), $4,019.50.
``(II) For an agency located in the Middle Atlantic census
division (New Jersey, New York, and Pennsylvania), $3,523.50.
``(III) For an agency located in the East North Central
census division (Illinois, Indiana, Michigan, Ohio, and
Wisconsin), $3,644.00.
``(IV) For an agency located in the West North Central
census division (Iowa, Kansas, Minnesota, Montana, Nebraska,
North Dakota, and South Dakota), $3,443.50.
``(V) For an agency located in the South Atlantic census
division (Delaware, the District of Columbia, Florida, Georgia,
Maryland, North Carolina, South Carolina, Virginia, and West
Virginia), $4,041.00.
``(VI) For an agency located in the East South Central
census division (Alabama, Kentucky, Mississippi, and
Tennessee), $4,672.50.
``(VII) For an agency located in the West South Central
census division (Arkansas, Louisiana, Oklahoma, and Texas),
$4,946.50.
``(VIII) For an agency located in the Mountain census
division (Arizona, Colorado, Idaho, Montana, Nevada, New
Mexico, Utah, and Wyoming), $4,033.00.
``(IX) For an agency located in the Pacific census division
(Alaska, California, Hawaii, Oregon, and Washington),
$3,939.00.''.
(2) Conforming amendments.--Section 1861(v)(1)(L)(vi) of
the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vi)) (as
added by section 4602(c) of the Balanced Budget Act of 1997) is
amended--
(A) by striking ``For services'' and inserting ``In
the case of services''; and
(B) by striking ``the following rules apply''
through ``For beneficiaries'' and inserting ``for
beneficiaries''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1998.
SEC. 3. INCREASED PAYMENTS FOR HOME HEALTH AGENCIES THAT PROVIDE
SERVICES TO CERTAIN BENEFICIARIES.
(a) Estimate.--The Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') shall estimate the amount of
savings (if any) to the Medicare Program under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) resulting from the
provisions in this Act for each fiscal year beginning after fiscal year
1998 and before the first fiscal year in which the prospective payment
system for home health agencies (established by section 1895 of such
Act (42 U.S.C. 1395fff)) applies. Each such estimate shall be made not
later than the first day of the fiscal year, except that in the case of
fiscal year 1999, such estimate shall be made not later than the 30th
day after the date of enactment of this Act.
(b) Increased Payments.--
(1) In general.--If the Secretary estimates that there will
be savings to the Medicare Program pursuant to subsection (a)
in a fiscal year, the Secretary shall prescribe rules under
which the amount of payments to a home health agency otherwise
made for such year under the Medicare Program is increased by a
specific amount (determined by the Secretary in regulations)
for each beneficiary that has been a patient of such agency for
at least 120 consecutive days during such year. The total
amount of increased payments made under this section in a
fiscal year shall equal the estimated savings for such year.
(2) Determination of increased payment.--Not later than
October 1 of each year (beginning in 1998), the Secretary shall
establish the increased payment amount for purposes of
paragraph (1) that is applicable for the fiscal year beginning
on such date. In the case of fiscal year 1999, the Secretary
shall establish such increased payment amount by not later than
the 30th day after the date of enactment of this Act.
(c) Heightened Scrutiny of Certain Claims.--The Secretary shall
establish procedures to provide heightened scrutiny of claims for
reimbursement under the Medicare Program for items and services
provided to beneficiaries described in subsection (b)(1).
SEC. 4. INCREASE IN PER-VISIT COST LIMITS.
(a) In General.--Section 1861(v)(1)(L)(i)(IV) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(L)(i)(IV)) (as added by section
4602 of the Balanced Budget Act of 1997) is amended by striking ``105
percent'' and inserting ``108 percent''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1998.
SEC. 5. UPDATE ON IMPLEMENTATION OF PROSPECTIVE PAYMENT SYSTEM FOR HOME
HEALTH AGENCIES.
Not later than 90 days after the date of enactment of this Act, and
every 90 days thereafter until the prospective payment system for home
health agencies (established by section 1895 of the Social Security Act
(42 U.S.C. 1395fff)) is implemented, the Secretary of Health and Human
Services shall meet with the staff of the appropriate committees of
Congress to provide an informal update regarding the progress of the
Secretary in implementing such payment system. | Home Health Access Preservation Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, with respect to the computation formula of the interim system of limited payments for services provided by home health agencies, in order to mandate a new interim system, as of October 1, 1998, with a revised formula and specific amounts for the agency-specific per beneficiary annual limitation, according to the census division in which an agency is located.
Directs the Secretary of Health and Human Services to: (1) estimate the amount of savings (if any) to Medicare resulting from this Act for each fiscal year beginning after FY 1998 and before the first fiscal year in which the prospective payment system (PPS) for home health agencies applies; (2) prescribe rules for increased payments to such an agency, if there will be estimated savings; and (3) establish procedures to provide heightened scrutiny of claims for reimbursement under Medicare for items and services provided to certain agency beneficiaries.
Amends SSA title XVIII to provide for a three percent increase in per visit cost limits for cost reporting periods beginning on or after October 1, 1997.
Directs the Secretary to meet every 90 days with appropriate congressional committee staff to provide informal updates of progress in implementing the PPS above. | Home Health Access Preservation Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buyback Our Safety Act''.
SEC. 2. GUN BUYBACK GRANT PROGRAM.
(a) In General.--The Attorney General, through the Assistant
Attorney General for the Office of Justice Programs of the Department
of Justice, shall establish a gun buyback grant program under which the
Assistant Attorney General may make grants to law enforcement agencies
of States, units of local government, and Indian tribal governments to
assist in funding gun buyback programs carried out by such agencies.
(b) Gun Buyback Program Defined.--For purposes of this section, the
term ``gun buyback program'' means, with respect to a law enforcement
agency of a State, unit of local government, or Indian tribal
government, a program carried out by such agency under which guns are
purchased or surrendered to such agency.
(c) Applications.--A law enforcement agency described in subsection
(a) desiring a grant under this section shall submit to the Assistant
Attorney General for the Office of Justice Programs an application for
the grant, in accordance with subsection (d) and which shall be in such
form and contain such information as the Assistant Attorney General may
require.
(d) Requirements.--The Assistant Attorney General may make a grant
under this section to a law enforcement agency described in subsection
(a), with respect to a gun buyback program, only if the application
submitted under subsection (c) by such agency provides assurances
that--
(1) the law enforcement agency will adequately advertise
such program to the public;
(2) such program will be administered by law enforcement
personnel;
(3) all guns received through such program will remain in
the possession of law enforcement personnel;
(4) adequate safeguards will be established and followed to
prevent the occurrence of fraud in such program;
(5) the law enforcement agency will have in place a process
to test on site a gun purchased from an individual through such
program before payment is provided to such individual; and
(6) an adequate process will be in place to destroy all
guns received through such program.
(e) Matching Requirement.--
(1) In general.--Subject to paragraph (2), to be eligible
for a grant under this section, a law enforcement agency must
certify that the law enforcement agency will match all Federal
funds provided under such grant with an equal amount of cash or
in-kind goods or services from other non-Federal sources.
(2) Waiver.--The Assistant Attorney General for the Office
of Justice Programs may waive, wholly or in part, the matching
requirement under paragraph (1) with respect to a grant made
under this section to a law enforcement agency for a gun
buyback program if such program provides for obtaining only the
guns identified by the National Academy of Sciences pursuant to
subsection (f).
(f) National Academy of Sciences Standards.--The Attorney General,
through the Assistant Attorney General for the Office of Justice
Programs, shall enter into an arrangement with the National Academy of
Sciences to develop standards for identifying, and identify, guns that
are the most likely to be used in violent crimes and establish a
pricing scale for purchasing guns so identified through gun buyback
programs receiving grants under this section.
(g) Reports.--
(1) Reports required by grantees.--In the case of a law
enforcement agency described in subsection (a) receiving a
grant under this section with respect to a gun buyback program,
such agency shall submit to the Assistant Attorney General for
the Office of Justice Programs--
(A) not later than 90 days after receipt of such
grant and every 90 days thereafter during the period
for which the program is carried out, a report
including--
(i) the number and types of guns collected
and destroyed through such program during such
period; and
(ii) recommendations for improving future
gun buyback programs in the jurisdiction of
such agency; and
(B) not later than 90 days after the last day of
such program, a final report including the information
described in each of subclauses (I) and (II) of clause
(i) with respect to the duration of the program.
(2) Reports by the office of justice programs.--Not later
than one year after the date of the enactment of this section
and annually thereafter, the Assistant Attorney General for the
Office of Justice Programs shall submit to Congress a report
on--
(A) the number of gun buyback programs that
received funding under this section;
(B) the number of guns received through each such
gun buyback program;
(C) the total number of guns purchased through all
such gun buyback programs; and
(D) recommendations on improving the grant program
under this section and gun buyback programs.
(h) Definitions.--For purposes of this section:
(1) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands.
(2) Unit of local government.--The term ``unit of local
government'' means a county, municipality, town, township,
village, parish, borough, or other unit of general government
below the State level.
(3) Violent crime.--The term ``violent crime'' means
murder, non-negligent manslaughter, forcible rape, robbery, and
aggravated assault, as reported by the Federal Bureau of
Investigation for purposes of the Uniform Crime Report.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for the period of
fiscal years 2014 through 2018. | Buyback Our Safety Act - Directs the Assistant Attorney General for the Office of Justice Programs of the Department of Justice (DOJ) to establish a gun buyback program under which the Assistant Attorney General may make grants to assist in funding gun buyback programs carried out by state, local, and Indian tribal law enforcement agencies. Conditions such a grant on the law enforcement agency providing assurances that: (1) it will adequately advertise the program to the public, (2) such program will be administered by law enforcement personnel, (3) all guns received will remain in the possession of law enforcement personnel, (4) adequate safeguards will be established and followed to prevent fraud, (5) the agency will have in place a process to test on site a gun purchased before payment is provided, and (6) an adequate process will be in place to destroy all guns received. Requires the agency to certify that it will match all federal funds provided with an equal amount of cash or in-kind goods or services from other non-federal sources. Directs the Assistant Attorney General to enter into an arrangement with the National Academy of Sciences to: (1) develop standards for identifying, and to identify, guns that are the most likely to be used in violent crimes; and (2) establish a pricing scale for purchasing such guns through gun buyback programs. Authorizes the Assistant Attorney General to waive all or part of the matching funds requirement for a program that provides for obtaining only such guns. | Buyback Our Safety Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anticounterfeiting Act of 2004''.
SEC. 2. FINDINGS.
Congress finds that--
(1) American innovation, and the protection of that
innovation by the government, has been a critical component of
the economic growth of this Nation throughout the history of
the Nation;
(2) copyright-based industries represent one of the most
valuable economic assets of this country, contributing over 5
percent of the gross domestic product of the United States and
creating significant job growth and tax revenues;
(3) the American intellectual property sector employs
approximately 4,300,000 people, representing over 3 percent of
total United States employment;
(4) the proliferation of organized criminal counterfeiting
enterprises threatens the economic growth of United States
copyright industries;
(5) the American intellectual property sector has invested
millions of dollars to develop highly sophisticated
authentication features that assist consumers and law
enforcement in distinguishing genuine intellectual property
products and packaging from counterfeits;
(6) in order to thwart these industry efforts,
counterfeiters traffic in, and tamper with, genuine
authentication features, for example, by obtaining genuine
authentication features through illicit means and then
commingling these features with counterfeit software or
packaging;
(7) Federal law does not provide adequate civil and
criminal remedies to combat tampering activities that directly
facilitate counterfeiting crimes; and
(8) in order to strengthen Federal enforcement against
counterfeiting of copyrighted works, Congress must enact
legislation that--
(A) prohibits trafficking in, and tampering with,
authentication features of copyrighted works; and
(B) permits aggrieved parties an appropriate civil
cause of action.
SEC. 3. PROHIBITION AGAINST TRAFFICKING IN ILLICIT AUTHENTICATION
FEATURES.
(a) In General.--Section 2318 of title 18, United States Code, is
amended--
(1) by striking the heading and inserting ``Trafficking in
counterfeit labels, illicit authentication features, or
counterfeit documentation or packaging'';
(2) by striking subsection (a) and inserting the following:
``(a) Whoever, in any of the circumstances described in subsection
(c), knowingly traffics in--
``(1) a counterfeit label affixed to, or designed to be
affixed to--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other
audiovisual work; or
``(D) documentation or packaging;
``(2) an illicit authentication feature affixed to or
embedded in, or designed to be affixed to or embedded in--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other
audiovisual work; or
``(D) documentation or packaging; or
``(3) counterfeit documentation or packaging, shall be
fined under this title or imprisoned for not more than 5 years,
or both.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3)--
(i) by striking ``and `audiovisual work'
have'' and inserting the following: ``,
`audiovisual work', and `copyright owner'
have''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) the term `authentication feature' means any hologram,
watermark, certification, symbol, code, image, sequence of
numbers or letters, or other physical feature that either
individually or in combination with another feature is used by
the respective copyright owner to verify that a phonorecord, a
copy of a computer program, a copy of a motion picture or other
audiovisual work, or documentation or packaging is not
counterfeit or otherwise infringing of any copyright;
``(5) the term `documentation or packaging' means
documentation or packaging for a phonorecord, copy of a
computer program, or copy of a motion picture or other
audiovisual work; and
``(6) the term `illicit authentication feature' means an
authentication feature, that--
``(A) without the authorization of the respective
copyright owner has been tampered with or altered so as
to facilitate the reproduction or distribution of--
``(i) a phonorecord;
``(ii) a copy of a computer program;
``(iii) a copy of a motion picture or other
audiovisual work; or
``(iv) documentation or packaging;
in violation of the rights of the copyright owner under
title 17;
``(B) is genuine, but has been distributed, or is
intended for distribution, without the authorization of
the respective copyright owner; or
``(C) appears to be genuine, but is not.'';
(4) in subsection (c)--
(A) by striking paragraph (3) and inserting the
following:
``(3) the counterfeit label or illicit authentication
feature is affixed to, is embedded in, or encloses, or is
designed to be affixed to, to be embedded in, or to enclose--
``(A) a phonorecord of a copyrighted sound
recording;
``(B) a copy of a copyrighted computer program;
``(C) a copy of a copyrighted motion picture or
other audiovisual work; or
``(D) documentation or packaging; or''; and
(B) in paragraph (4), by striking ``for a computer
program'';
(5) in subsection (d)--
(A) by inserting ``or illicit authentication
features'' after ``counterfeit labels'' each place it
appears;
(B) by inserting ``or illicit authentication
features'' after ``such labels''; and
(C) by inserting before the period at the end the
following: ``, and of any equipment, device, or
materials used to manufacture, reproduce, or assemble
the counterfeit labels or illicit authentication
features''; and
(6) by adding at the end the following:
``(f) Civil Remedies for Violation.--
``(1) In general.--Any copyright owner who is injured by a
violation of this section or is threatened with injury, may
bring a civil action in an appropriate United States district
court.
``(2) Discretion of court.--In any action brought under
paragraph (1), the court--
``(A) may grant 1 or more temporary or permanent
injunctions on such terms as the court determines to be
reasonable to prevent or restrain violations of this
section;
``(B) at any time while the action is pending, may
order the impounding, on such terms as the court
determines to be reasonable, of any article that is in
the custody or control of the alleged violator and that
the court has reasonable cause to believe was involved
in a violation of this section; and
``(C) may award to the injured party--
``(i) reasonable attorney fees and costs;
and
``(ii)(I) actual damages and any additional
profits of the violator, as provided by
paragraph (3); or
``(II) statutory damages, as provided by
paragraph (4).
``(3) Actual damages and profits.--
``(A) In general.--The injured party is entitled to
recover--
``(i) the actual damages suffered by the
injured party as a result of a violation of
this section, as provided by subparagraph (B);
and
``(ii) any profits of the violator that are
attributable to a violation of this section and
are not taken into account in computing the
actual damages.
``(B) Calculation of damages.--The court shall
calculate actual damages by multiplying--
``(i) the value of the phonorecords or
copies to which counterfeit labels, illicit
authentication features, or counterfeit
documentation or packaging were affixed or
embedded, or designed to be affixed or
embedded; by
``(ii) the number of phonorecords or copies
to which counterfeit labels, illicit
authentication features, or counterfeit
documentation or packaging were affixed or
embedded, or designed to be affixed or
embedded, unless such calculation would
underestimate the actual harm suffered by the
copyright owner.
``(C) Definition.--For purposes of this paragraph,
the term `value of the phonorecord or copy' means--
``(i) the retail value of an authorized
phonorecord of a copyrighted sound recording;
``(ii) the retail value of an authorized
copy of a copyrighted computer program; or
``(iii) the retail value of a copy of a
copyrighted motion picture or other audiovisual
work.
``(4) Statutory damages.--The injured party may elect, at
any time before final judgment is rendered, to recover, instead
of actual damages and profits, an award of statutory damages
for each violation of this section in a sum of not less than
$2,500 or more than $25,000, as the court considers
appropriate.
``(5) Subsequent violation.--The court may increase an
award of damages under this subsection by 3 times the amount
that would otherwise be awarded, as the court considers
appropriate, if the court finds that a person has subsequently
violated this section within 3 years after a final judgment was
entered against that person for a violation of this section.
``(6) Limitation on actions.--A civil action may not be
commenced under this section unless it is commenced within 3
years after the date on which the claimant discovers the
violation.
``(g) Other Rights Not Affected.--Nothing in this section shall
enlarge, diminish, or otherwise affect liability under section 1201 or
1202 of title 17.''.
(b) Technical and Conforming Amendment.--The item relating to
section 2318 in the table of sections at the beginning of chapter 113
of title 18, United States Code, is amended by inserting ``or illicit
authentication features'' after ``counterfeit labels''. | Anticounterfeiting Act of 2004 - Amends the Federal criminal code to prohibit trafficking in an "illicit authentication feature." Defines that term to mean an authentication feature that: (1) without the authorization of the respective copyright owner, has been tampered with or altered so as to facilitate the reproduction or distribution of a phono-record, a copy of a computer program, a copy of a motion picture or other audiovisual work, or documentation or packaging, in violation of the rights of the copyright owner; (2) is genuine, but has been distributed, or is intended for distribution, without the authorization of the respective copyright owner; or (3) appears to be genuine but is not. Authorizes a copyright owner who is injured by a violation of this Act or is threatened with injury to bring a civil action in an appropriate U.S. district court. Sets forth remedies for violations. | A bill to prevent and punish counterfeiting and copyright piracy, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Line Item Veto Act''.
SEC. 2. LINE ITEM VETO AUTHORITY.
(a) In General.--Notwithstanding the provisions of part B of title
X of the Congressional Budget and Impoundment Control Act of 1974, and
subject to the provisions of this section, the President may rescind
all or part of any discretionary budget authority or veto any targeted
tax benefit which is subject to the terms of this Act if the
President--
(1) determines that--
(A) such rescission or veto would help reduce the
Federal budget deficit;
(B) such rescission or veto will not impair any
essential Government functions; and
(C) such rescission or veto will not harm the
national interest; and
(2) notifies the Congress of such rescission or veto by a
special message not later than twenty calendar days (not
including Saturdays, Sundays, or holidays) after the date of
enactment of a regular or supplemental appropriation Act or a
joint resolution making continuing appropriations providing
such budget authority or a revenue Act containing a targeted
tax benefit.
The President shall submit a separate rescission message for each
appropriation Act and for each revenue Act under this paragraph.
SEC. 3. LINE ITEM VETO EFFECTIVE UNLESS DISAPPROVED.
(a)(1) Any amount of budget authority rescinded under this Act as
set forth in a special message by the President shall be deemed
canceled unless, during the period described in subsection (b), a
rescission/receipts disapproval bill making available all of the amount
rescinded is enacted into law.
(2) Any provision of law vetoed under this Act as set forth in a
special message from the President shall be deemed repealed unless,
during the period described in subsection (b), a rescission/receipts
disapproval bill restoring that provision is enacted into law.
(b) The period referred to in subsection (a) is--
(1) a congressional review period of twenty calendar days
of session during which Congress must complete action on the
rescission/receipts disapproval bill and present such bill to
the President for approval or disapproval;
(2) after the period provided in paragraph (1), an
additional ten days (not including Sundays) during which the
President may exercise his authority to sign or veto the
rescission/receipts disapproval bill; and
(3) if the President vetoes the rescission/receipts
disapproval bill during the period provided in paragraph (2),
an additional five calendar days of session after the date of
the veto.
(c) If a special message is transmitted by the President under this
Act and the last session of the Congress adjourns sine die before the
expiration of the period described in subsection (b), the rescission or
veto, as the case may be, shall not take effect. The message shall be
deemed to have been retransmitted on the first day of the succeeding
Congress and the review period referred to in subsection (b) (with
respect to such message) shall run beginning after such first day.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) The term ``rescission/receipts disapproval bill'' means
a bill or joint resolution which--
(A) only disapproves a rescission of discretionary
budget authority, in whole, rescinded, or
(B) only disapproves a veto of any targeted tax
benefit, in a special message transmitted by the
President under this Act.
(2) The term ``calendar days of session'' shall mean only
those days on which both Houses of Congress are in session.
(3) The term ``targeted tax benefit'' means any provision
of a revenue Act which the President determines would provide a
Federal tax benefit to five or fewer taxpayers.
SEC. 5. CONGRESSIONAL CONSIDERATION OF LINE ITEM VETOES.
(a) Presidential Special Message.--Whenever the President rescinds
any budget authority as provided in this Act or vetoes any provision of
law as provided in this Act, the President shall transmit to both
Houses of Congress a special message specifying--
(1) the amount of budget authority rescinded or the
provision vetoed;
(2) any account, department, or establishment of the
Government to which such budget authority is available for
obligation, and the specific project or governmental functions
involved;
(3) the reasons and justifications for the determination to
rescind budget authority or veto any provision pursuant to this
Act;
(4) to the maximum extent practicable, the estimated
fiscal, economic, and budgetary effect of the rescission or
veto; and
(5) all actions, circumstances, and considerations relating
to or bearing upon the rescission or veto and the decision to
effect the rescission or veto, and to the maximum extent
practicable, the estimated effect of the rescission upon the
objects, purposes, and programs for which the budget authority
is provided.
(b) Transmission of Messages to House and Senate.--
(1) Each special message transmitted under this Act shall
be transmitted to the House of Representatives and the Senate
on the same day, and shall be delivered to the Clerk of the
House of Representatives if the House is not in session, and to
the Secretary of the Senate if the Senate is not in session.
Each special message so transmitted shall be referred to the
appropriate committees of the House of Representatives and the
Senate. Each such message shall be printed as a document of
each House.
(2) Any special message transmitted under this Act shall be
printed in the first issue of the Federal Register published
after such transmittal.
(c) Referral of Rescission/Receipts Disapproval Bills.--Any
rescission/receipts disapproval bill introduced with respect to a
special message shall be referred to the appropriate committees of the
House of Representatives or the Senate, as the case may be.
(d) Consideration in the Senate.--
(1) An rescission/receipts disapproval bill received in the
Senate from the House shall be considered in the Senate
pursuant to the provision of this Act.
(2) Debate in the Senate on any rescission/receipts
disapproval bill and debatable motions and appeals in
connection therewith, shall be limited to not more than ten
hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader or
their designees.
(3) Debate in the Senate on any debatable motions or appeal
in connection with such bill shall be limited to one hour, to
be equally divided between, and controlled by the mover and the
manager of the bill, except that in the event the manager of
the bill is in favor of any such motion or appeal, the time in
opposition thereto shall be controlled by the minority leader
or his designee. Such leaders, or either of them, may, from the
time under their control on the passage of the bill, allot
additional time to any Senator during the consideration of any
debatable motion or appeal.
(4) A motion to further limit debate is not debatable. A
motion to recommit (except a motion to recommit with
instructions to report back within a specified number of days
not to exceed one, not counting any day on which the Senate is
not in session) is not in order.
(e) Points of Order.--
(1) It shall not be in order in the Senate or the House of
Representatives to consider any rescission/receipts disapproval
bill that relates to any matter other than the rescission of
budget authority or veto of the provision of the law
transmitted by the President under this Act.
(2) It shall not be in order in the Senate or the House of
Representatives to consider any amendment to a rescission/
receipts disapproval bill.
(3) Paragraphs (1) and (2) may be waived or suspended in
the Senate only by a vote of three-fifths of the members duly
chosen and sworn. | Line Item Veto Act - Grants the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any discretionary budget authority or veto any targeted tax benefit if the President determines that such rescission: (1) would help reduce the Federal budget deficit; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission or veto by special message after enactment of appropriations legislation providing such budget authority or a revenue Act containing a targeted tax benefit.
Makes such a rescission effective unless the Congress enacts a rescission disapproval bill.
Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives. | Line Item Veto Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Year 2000 Computer
Problem Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A devastating computer problem will have extreme
negative economic and national security consequences in the
year 2000 and in subsequent years, unless the Federal
Government addresses and remedies that problem.
(2) Most computer programs (particularly programs in
mainframes) in computers used by both the public and private
sector express dates with only 2 digits, on the assumption that
the first 2 digits are ``19''.
(3) Because of the problem referred to in paragraph (2),
most computer programs--
(A) read ``00-01-01'' as ``January 1, 1900''; and
(B) will not recognize the year 2000 or the 21st
century without a massive rewriting of codes.
(4) The Congressional Research Service has completed a
report on the implications of the problem described in
paragraphs (2) and (3) (referred to in this Act as the ``year
2000 computer problem'').
(5) According to the report by the Congressional Research
Service, each line of computer code will need to be analyzed
and either passed on or be rewritten.
(6) According to leading research in the computer field--
(A) on the basis of an average cost of $1.10 per
line of code, it may cost as much as $30,000,000,000 to
correct the computer systems of the Federal Government;
and
(B) it is important to address the crisis caused by
the year 2000 computer problem immediately by making
funds available by appropriations, because--
(i) the cost of remedying that problem will
increase at an approximate rate of 20 to 50
percent per year;
(ii) the number of available persons with
skills to address that problem will diminish as
a result of increased demand;
(iii) the year 2000 computer problem is an
international problem that could cost as must
as $600,000,000,000 to repair on a worldwide
basis;
(iv) that repair could be compromised by
external contamination by foreign countries
that do not comply with measures to effectuate
the repair;
(v) the Federal Government and the
governments of States and political
subdivisions thereof will bear a significant
share of the cost of remedying the year 2000
computer problem; and
(vi) it is necessary to have adequate
financial resources to ensure the proper
operation of computer systems at the levels of
government referred to in clause (v).
(7) The following analyses, determinations, and
recommendations need to be made to address the problem of
remedying the year 2000 computer problem:
(A) A brief analysis of the history and background
concerning the reasons for the occurrence of the year
2000 computer problem.
(B) A determination of the costs of reviewing and
rewriting computer codes for both the Federal
Government and the governments of States for the 3-year
period immediately following the date of enactment of
this Act, including--
(i) a legal analysis of responsibilities
for the costs; and
(ii) possible equitable bases for sharing
the costs.
(C) An analysis of the implications of the year
2000 computer problem with respect to intergovernmental
and integrated systems.
(D)(i) A determination of the period of time
necessary to remedy the year 2000 computer problem
(including testing).
(ii) If the earliest practicable date determined
under clause (i) is not January 1, 2000, a
determination of--
(I) with respect to each Federal agency (as
that term is defined in section 551(1) of title
5, United States Code)--
(aa) priority functions of that
Federal agency; and
(bb) priority systems of that
agency; and
(II) which Federal agencies are at risk of
being incapable of performing basic services as
a result of the year 2000 computer problem.
(E) The development of balanced and sound contracts
to be used in necessary Federal procurement with
respect to using private contractors in the computer
industry, including contracts to carry out compliance
with measures necessary to achieve a remedy of the year
2000 computer problem for computer programs and
systems--
(i) in use as of the date of enactment of
this Act; and
(ii) acquired after the date of enactment
of this Act.
(F) An analysis of the effects and potential
effects on the United States economy that would result
if the year 2000 computer problem is not resolved by
June 1, 1999.
(G) Recommendations to the President and the
Congress concerning, with respect to minimizing costs
and risks to the public and private sector as a result
of the year 2000 computer problem--
(i) lessons to be learned; and
(ii) policies and actions to be taken--
(I) before the year 2000; and
(II) after the year 2000, if
certain public agencies have not taken
measures to remedy the year 2000
problem.
(8)(A) Congress recognizes that an executive branch
interagency committee has been established to raise awareness
of the year 2000 computer problem and facilitate efforts at
remedying that problem.
(B) However, in order to best minimize the impact and cost
of the year 2000 computer problem, and in recognition of the
extreme urgency of the problem, this Act establishes a
bipartisan commission to--
(i) conduct the analyses and determinations, and
make the recommendations referred to in paragraph (7);
and
(ii) take the responsibility for assisting
appropriate Federal officials in ensuring that all
Federal agencies will be in compliance with necessary
measures to remedy the year 2000 computer problem not
later than January 1, 1999.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--
(1) In general.--There is established a commission to be
known as the ``National Commission to Address the Year 2000
Computer Problem'' (in this Act referred to as the
``Commission'').
(2) Membership.--The Commission shall be composed of 20
members appointed as follows:
(A) 5 members shall be appointed by the President
from among officers or employees of the executive
branch or private citizens of the United States (or both), of which not
more than 3 individuals shall be members of the same political party.
(B) 5 members shall be appointed by the President
from among officers or employees of the governments of
States or private citizens of the United States (or
both), of which not more than 3 individuals shall be
members of the same political party.
(C) 5 members shall be appointed by the President
from among nominations made by the President pro
tempore of the Senate, in consultation with the
Majority Leader and Minority Leader of the Senate, from
among officers or employees of the Senate or private
citizens of the United States (or both), of which not
more than 3 shall be members of the same political
party.
(D) 5 members shall be appointed by the President
from among nominations made by the Speaker of the House
of Representatives, in consultation with the Majority
Leader and Minority Leader of the House of
Representatives, from among Members of the House of
Representatives or private citizens of the United
States (or both), of which not more than 3 individuals
shall be members of the same political party.
(b) Chairperson.--The President shall designate a Chairperson from
among the members of the Commission.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 4. DUTIES OF COMMISSION.
(a) In General.--The duties of the Commission are as follows:
(1) Study.--The Commission shall conduct a study of the
history of the year 2000 computer problem. The study shall
provide for the following:
(A) A brief analysis of the history and background
concerning the reasons for the occurrence of the year
2000 computer problem.
(B) A determination of the costs of reviewing and
rewriting computer codes for both the Federal
Government and the governments of States for the 3-year
period immediately following the date of enactment of
this Act, including--
(i) a legal analysis of responsibilities
for the costs; and
(ii) possible equitable bases for sharing
the costs.
(C) An analysis of the implications of the year
2000 computer problem with respect to intergovernmental
and integrated systems.
(D)(i) A determination of the period of time
necessary to remedy the year 2000 computer problem
(including testing).
(ii) If the earliest practicable date determined
under clause (i) is not January 1, 2000, a
determination of--
(I) with respect to each Federal agency (as
that term is defined in section 551(1) of title
5, United States Code)--
(aa) priority functions of that
Federal agency; and
(bb) priority systems of that
agency; and
(II) which Federal agencies are at risk of
being incapable of performing basic services as
a result of the year 2000 computer problem.
(E) The development of recommended balanced and
sound contracts to be used in necessary Federal
procurement with respect to using private contractors
in the computer industry, including contracts to carry
out compliance with measures necessary to achieve a
remedy of the year 2000 computer problem for computer
programs and systems--
(i) in use as of the date of enactment of
this Act; and
(ii) acquired after the date of enactment
of this Act.
(F) An analysis of the effects and potential
effects on the United States economy that would result
if the year 2000 computer problem is not resolved by
June 1, 1999.
(2) Examinations.--In carrying out paragraph (1), the
Commission shall--
(A) examine--
(i) the historical context of computer
programs that relate to date fields and their
relationship to the year 2000 computer problem;
(ii) the current condition (at the time of
the examination) of computer programs that
relate to date fields and their relationship to
the year 2000 computer problem; and
(iii) the long-term condition of computer
programs as they relate to date fields and the
year 2000;
(B) identify problems in computers that serve the
public or private sector (or both) that threaten the
proper functions of computers during the period
immediately preceding the 21st century; and
(C) analyze potential solutions to problems related
to the year 2000 computer problem that will address--
(i) the brief period remaining to remedy
the problem;
(ii) the substantial cost of reviewing and
rewriting computer codes; and
(iii) the shared responsibilities for the
costs referred to in clause (ii).
(3) Recommendations.--During the period during which the
Commission conducts the study under paragraph (1), the
Commission shall make such recommendations as the Commission
determines to be appropriate concerning addressing the year
2000 computer problem (including addressing the problem as a
matter of national security and making recommendations
concerning the procurement contracts referred to in paragraph
(1)(E)) to--
(A) the Secretary of Defense;
(B) the President; and
(C) Congress.
(b) Reports.--
(1) Report to congress.--Not later 180 days after the
initial meeting of the Commission, and every 180 days
thereafter during the period in which the Commission is in
existence, the Commission shall submit to Congress a report
containing such recommendations concerning the year 2000
computer problem as the Commission determines to be appropriate to
remedy the problem in such manner as to ensure an effective transition
of the computer programs and systems of the Federal Government and the
governments of States and political subdivisions thereof from the year
1999 to the year 2000, including--
(A) proposals for new procedures or regulations;
and
(B) legislative proposals (including
recommendations concerning levels of appropriations
that are needed to ensure that transition).
(2) Report to president.--Not later than July 3, 1997, the
Commission shall submit a report to the President that contains
the information referred to in paragraph (1).
SEC. 5. ADMINISTRATION.
(a) Information.--The head of a Federal agency, as that term is
defined in section 551(1) of title 5, United States Code, shall, to the
extent permitted by law, provide the Commission such information as it
may require for the purpose of carrying out its functions.
(b) Compensation.--Except as provided in subsection (c), members of
the Commission shall serve without any additional compensation for
their work on the Commission.
(c) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses including per diem
in lieu of substance, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
(d) Staff.--The Chairperson of the commission may, without regard
to the civil service laws and regulations, appoint and terminate an
executive director and such other additional personnel as may be
necessary to enable the Commission to perform its duties.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(f) Expenses.--Any expenses of the Commission shall be paid from
funds that are available to the Secretary of Defense.
SEC. 6. TERMINATION.
The Commission, shall terminate on December 31, 1999. | Commission on the Year 2000 Computer Problem Act - Establishes the National Commission to Address the Year 2000 Computer Problem to conduct a study of the history of the year 2000 computer problem, providing for the following: (1) a brief analysis of the history and background concerning the reasons for the occurrence of the year 2000 computer problem; (2) a determination of the costs of reviewing and rewriting computer codes for both the Federal Government and State governments for a specified period immediately following enactment; (3) an analysis of the implications of the year 2000 computer problem with respect to intergovernmental and integrated systems; (4) a determination of the period of time necessary (including testing) to remedy the computer problem; (5) the development of recommended balanced and sound contracts to be used in necessary Federal procurement with respect to using private contractors in the computer industry, including contracts to carry out compliance with measures to remedy the computer problem for computer programs and systems; and (6) an analysis of the effects and potential effects on the U.S. economy that would result if the computer problem is not resolved by June 1999. | Commission on the Year 2000 Computer Problem Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saint Francis Dam Disaster National
Memorial Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) On March 12, 1928, the Saint Francis Dam located in the
northern portion of Los Angeles County, California, breached,
resulting in a flood resulting in the death of approximately
600 individuals.
(2) The residents of the Santa Clarita Valley, San
Francisquito Canyon, Castaic Junction, Santa Clara River
Valley, Piru, Fillmore, Bardsdale, Saticoy, and Santa Paula
were devastated by the worst flood that the State of California
has ever experienced.
(3) This disaster resulted in a tremendous loss of human
life, property, and livelihood, and was surpassed in the 20th
century only by the great San Francisco Earthquake of 1906.
(4) The dam's collapse may represent America's worst civil
engineering failure in the 20th century.
(5) It is right to pay homage to the citizens who perished,
were injured, or were dislocated in the flood, and to bring to
light and educate the general public about this important
historical event.
(6) The site is subject to the theft of historic artifacts,
graffiti, and other vandalism.
(7) The site has important historic and environmental
significance.
(8) It is appropriate that the site of the Saint Francis
Dam and surrounding areas be designated a unit of the National
Park System to commemorate this tragic event.
(b) Purposes.--The purposes of this Act are as follows:
(1) To establish a national memorial to honor the victims
of the Saint Francis Dam disaster of March 12, 1928.
(2) To establish the Saint Francis Dam Advisory Commission
to assist with consideration and formulation of plans for a
permanent memorial to the victims of that disaster, including
its nature, design, and construction.
(3) To permanently protect the historical scene of the
Saint Francis Dam and educate the general public about this
historic event.
(4) To authorize the Secretary of the Interior to
coordinate and facilitate the activities of the Saint Francis
Dam Advisory Commission, provide technical and financial
assistance to the Saint Francis Dam Task Force, and to
administer a Saint Francis Dam memorial.
SEC. 3. MEMORIAL TO HONOR THE VICTIMS OF THE SAINT FRANCIS DAM
DISASTER.
There is established a memorial at the Saint Francis Dam site in
the County of Los Angeles, California, to honor the victims of the
Saint Francis Dam disaster of March 12, 1928, which shall be--
(1) known as the Saint Francis Dam Disaster National
Memorial; and
(2) located within the Saint Francis Dam Disaster National
Monument.
SEC. 4. SAINT FRANCIS DAM ADVISORY COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Saint Francis Dam Advisory Commission''.
(b) Membership.--The Commission shall consist of 15 members,
including the Director of the National Park Service, or the Director's
designee, and 14 members appointed by the Secretary of the Interior.
(c) Term.--The term of the members of the Commission shall be for
the life of the Commission.
(d) Chair.--The members of the Commission shall select the Chair of
the Commission.
(e) Vacancies.--Any vacancy in the Commission shall not affect its
powers if a quorum is present, but shall be filled in the same manner
as the original appointment.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members, but not less often than
quarterly. The Commission shall publish notice of the Commission
meetings and agendas for the meetings in local newspapers in the
vicinity of Los Angeles County and in the Federal Register. Meetings of
the Commission shall be subject to section 552b of title 5, United
States Code (relating to open meetings).
(g) Quorum.--A majority of the members serving on the Commission
shall constitute a quorum for the transaction of any business.
(h) No Compensation.--Members of the Commission shall serve without
compensation, but may be reimbursed for expenses incurred in carrying
out the duties of the Commission.
(i) Duties.--The duties of the Commission shall be as follows:
(1) Not later than 2 years after the date of the enactment
of this Act, the Commission shall submit to the Secretary of
the Interior and Congress a report containing recommendations
for the planning, design, construction, and long-term
management of a permanent memorial at the dam site.
(2) The Commission shall advise the Secretary of the
Interior on the boundaries of the Memorial site.
(3) The Commission shall advise the Secretary of the
Interior in the development of a management plan for the
Memorial site.
(4) The Commission shall consult and coordinate closely
with the Saint Francis Dam Task Force, the State of California,
and other interested persons, as appropriate, to support and
not supplant the efforts of the Saint Francis Dam Task Force on
and before the date of the enactment of this Act to commemorate
the Saint Francis Dam disaster.
(5) The Commission shall provide significant opportunities
for public participation in the planning and design of the
Memorial.
(j) Powers.--The Commission may--
(1) make such expenditures for services and materials for
the purpose of carrying out this Act as the Commission
considers advisable from funds appropriated or received as
gifts for that purpose;
(2) subject to approval by the Secretary of the Interior,
solicit and accept donations of funds and gifts, personal
property, supplies, and services from individuals, foundations,
corporations, and other private or public entities to be used
in connection with the construction or other expenses of the
Memorial;
(3) hold hearings and enter into contracts for personal
services;
(4) do such other things as are necessary to carry out this
Act; and
(5) by a vote of the majority of the Commission, delegate
such of its duties as it determines appropriate to employees of
the National Park Service.
(k) Termination.--The Commission shall terminate upon dedication of
the completed Memorial.
SEC. 5. DUTIES OF THE SECRETARY OF THE INTERIOR WITH RESPECT TO
MEMORIAL.
The Secretary may--
(1) provide assistance to the Commission, including advice
on collections, storage, and archives;
(2) consult and assist the Commission in providing
information, interpretation, and the conduct of oral history
interviews;
(3) provide assistance in conducting public meetings and
forums held by the Commission;
(4) provide project management assistance to the Commission
for planning, design, and construction activities;
(5) provide programming and design assistance to the
Commission for possible Memorial exhibits, collections, or
activities;
(6) provide staff assistance and support to the Commission
and the Saint Francis Dam Task Force;
(7) participate in the formulation of plans for the design
of the Memorial, accept funds raised by the Commission for
construction of the Memorial, and construct the Memorial;
(8) acquire from willing sellers the land or interests in
land for the Memorial site by donation, purchase with donated
or appropriated funds, or exchange; and
(9) administer the Memorial as a unit of the National Park
System in accordance with this Act and with the laws generally
applicable to units of the National Park System.
SEC. 6. ESTABLISHMENT OF NATIONAL MONUMENT.
(a) Establishment.--There is established as a national monument in
the State certain land administered by the Secretary of Agriculture in
Los Angeles County comprising approximately ____ acres, as generally
depicted on the map entitled ____, and dated ___, to be known as the
``Saint Francis Dam Disaster National Memorial Monument''.
(b) Purpose.--The purpose of the Monument is to conserve, protect,
and enhance for the benefit and enjoyment of present and future
generations the cultural, archaeological, historical, natural,
wildlife, geological, ecological, watershed, educational, scenic, and
recreational resources and values of the Monument.
(c) Management.--
(1) In general.--The Secretary of the Interior shall manage
the Monument--
(A) in a manner that conserves, protects, and
enhances the resources of the Monument;
(B) protects, preserves, and enhances the Memorial;
and
(C) in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this Act; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary of the Interior
shall allow only such uses of the Monument that the
Secretary determines would further the purpose
described in subsection (b).
(B) Use of motorized vehicles.--
(i) In general.--Except as needed for
administrative purposes or to respond to an
emergency, the use of motorized vehicles in the
Monument shall be permitted only on roads
designated for use by motorized vehicles in the
management plan.
(ii) New roads.--No additional roads shall
be built within the Monument after the date of
enactment of this Act unless the road is
necessary for public safety or natural resource
protection.
(C) Grazing.--The Secretary shall permit grazing
within the Monument, where established before the date
of enactment of this Act--
(i) subject to all applicable laws
(including regulations) and Executive orders;
and
(ii) consistent with the purpose described
in subsection (b).
(D) Utility right-of-way upgrades.--Nothing in this
section precludes the Secretary from renewing or
authorizing the upgrading (including widening) of a
utility right-of-way in existence as of the date of
enactment of this Act through the Monument in a manner
that minimizes harm to the purpose of the Monument
described in subsection (b)--
(i) in accordance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(II) any other applicable law; and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(E) Rights-of-way.--Subject to applicable law, the
Secretary of the Interior may issue rights-of-way for
watershed restoration projects and small-scale flood
prevention projects within the boundary of the Monument
if the right-of-way is consistent with the purpose of
the Monument described in subsection (b).
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of the Interior shall
develop a management plan for the Monument.
(2) Consultation.--The management plan shall be developed
in consultation with--
(A) interested Federal agencies;
(B) State, tribal, and local governments; and
(C) the public.
(3) Considerations.--In preparing and implementing the
management plan, the Secretary of the Interior shall--
(A) consider the recommendations of the Santa
Clarita Valley Historical Society on methods for
providing access to, and protection for the St. Francis
Dam Memorial site; and
(B) include a watershed health assessment to
identify opportunities for watershed restoration.
(e) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land that is within the boundary of the Monument
designated by subsection (a) that is acquired by the United States
shall--
(1) become part of the Monument; and
(2) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
(f) Transfer of Administrative Jurisdiction.--On the date of
enactment of this Act, administrative jurisdiction over the
approximately ___ acres of land generally depicted as ___ on the map
entitled ___, and dated ___, shall--
(1) be transferred from the Secretary of Agriculture to the
Secretary of the Interior;
(2) become part of the Monument; and
(3) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
SEC. 7. DEFINITIONS.
In this Act:
(1) Memorial.--The term ``Memorial'' means the Saint
Francis Dam Disaster National Memorial established by section
3.
(2) Monument.--The term ``Monument'' means the Saint
Francis Dam Disaster National Monument established by section
6.
(3) State.--The term ``State'' means the State of
California. | Saint Francis Dam Disaster National Memorial Act - Establishes: (1) the Saint Francis Dam Disaster National Memorial at the Saint Francis Dam site in Los Angeles County, California, to honor the victims of the Saint Francis Dam disaster of March 12, 1928; (2) the Saint Francis Dam Disaster National Monument; and (3) the Saint Francis Dam Advisory Commission. Requires the Commission to: report recommendations for the planning, design, construction, and long-term management of the Memorial; advise the Secretary of the Interior on the boundaries of the Memorial; and consult and coordinate with the Saint Francis Dam Task Force and the state of California to support the efforts of the Task Force to commemorate the disaster. Terminates the Commission upon dedication of the completed Memorial. Authorizes the Secretary to: provide assistance to the Commission and the Task Force, participate in the formulation of plans for the design of the Memorial, acquire lands for the Memorial, accept funds raised by the Commission for construction of the Memorial, construct the Memorial, and administer the Memorial as a unit of the National Park System. Requires the Secretary to: (1) manage the Monument in a manner that conserves, protects, and enhances its resources; and (2) develop a management plan for the Monument. | Saint Francis Dam Disaster National Memorial Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estate Tax Relief Act of 2003''.
SEC. 2. REDUCTION OF ESTATE TAX RATES.
(a) In General.--Section 2001 of the Internal Revenue Code of 1986
(relating to estate tax) is amended by striking subsections (b) and (c)
and by inserting after subsection (a) the following new subsections:
``(b) Computation of Tax.--The tax imposed by this section shall be
applicable percentage of the amount equal to the excess (if any) of--
``(1) the sum of--
``(A) the amount of the taxable estate, and
``(B) the amount of the adjusted taxable gifts,
over
``(2) the aggregate amount of tax paid under chapter 12
with respect to gifts made by the decedent after December 31,
1976.
For purposes of the preceding sentence, the term `applicable
percentage' means the highest rate of tax applicable under section 1
for a taxable year beginning in the calendar year in which the decedent
dies (or, for purposes of section 2502, the gift is made).
``(c) Adjusted Taxable Gifts.--For purposes of paragraph (1)(B),
the term `adjusted taxable gifts' means the total amount of the taxable
gifts (within the meaning of section 2503) made by the decedent after
December 31, 1976, other than gifts which are includible in the gross
estate of the decedent.''.
(b) Conforming Amendments.--
(1) Section 2010(c) of such Code is amended by striking
``the rate schedule set forth in section 2001(c)'' and
inserting ``section 2001''.
(2) Subsection (b) of section 2101 of such Code is amended
to read as follows:
``(b) Computation of Tax.--The tax imposed by this section shall be
the amount equal to the excess (if any) of--
``(1) a tax computed under section 2001 on the sum of--
``(A) the amount of the taxable estate, and
``(B) the amount of the adjusted taxable gifts,
over
``(2) the aggregate amount of tax paid under chapter 12
with respect to gifts made by the decedent after December 31,
1976.''.
(3) Section 2502 of such Code is amended to read as
follows:
``SEC. 2502. RATE OF TAX.
``(a) General Rule.--The tax imposed by section 2501 for each
calendar year shall be an amount equal to--
``(1) the tax computed under section 2001 on the sum of the
taxable gifts for such calendar year, over
``(2) the tax computed under section 2001 on the sum of the
taxable gifts for each of the preceding calendar periods.
``(b) Tax To Be Paid by Donor.--The tax imposed by section 2501
shall be paid by the donor.''.
(4) Section 6601(j)(2)(A)(i) of such Code is amended by
striking ``the rate schedule set forth in section 2001(c)'' and
inserting ``section 2001''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act.
SEC. 3. UNIFIED CREDIT AGAINST ESTATE AND GIFT TAXES INCREASED TO
EXCLUSION EQUIVALENT OF $10,000,000; INFLATION ADJUSTMENT
OF CREDIT.
(a) In General.--Subsection (c) of section 2010 of the Internal
Revenue Code of 1986 (relating to applicable credit amount) is amended
to read as follows:
``(c) Applicable Credit Amount.--For purposes of this section, the
applicable credit amount is the amount of tax which would be determined
under section 2001 if the amount with respect to which such tax is to
be computed were the applicable exclusion amount. For purposes of the
preceding sentence, the applicable exclusion amount is $10,000,000.''.
(b) Inflation Adjustment.--
(1) In general.--Section 2010 of such Code is amended by
redesignating subsection (d) as subsection (e) and by inserting
after subsection (c) the following new subsection:
``(d) Inflation Adjustment.--In the case of any decedent dying,
and gift made, in a calendar year after 2003, the $10,000,000 amount
set forth in subsection (c) shall be increased by an amount equal to--
``(1) $10,000,000, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2002' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''.
(2) Conforming amendment.--Section 6018(a)(1) of such Code
is amended by striking ``section 2010(c)'' and inserting
``section 2010''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act.
SEC. 4. REPEAL OF ESTATE TAX BENEFIT FOR FAMILY-OWNED BUSINESS
INTERESTS.
(a) In General.--Section 2057 of the Internal Revenue Code of 1986
(relating to family-owned business interests) is hereby repealed.
(b) Conforming Amendments.--
(1) Paragraph (10) of section 2031(c) of such Code is
amended by inserting ``(as in effect on the day before the date
of the enactment of the Estate Tax Relief Act of 2001)'' before
the period.
(2) The table of sections for part IV of subchapter A of
chapter 11 of such Code is amended by striking the item
relating to section 2057.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act. | Estate Tax Relief Act of 2003 - Amends the Internal Revenue Code to: (1) reduce the estate and gift tax rate; (2) increase the unified credit exclusion to $10 million; and (3) repeal the estate tax benefit for family-owned business interests provisions. | To amend the Internal Revenue Code of 1986 to reduce estate and gift tax rates, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enforce Existing Gun Laws Act''.
SEC. 2. REPEAL OF CERTAIN APPROPRIATIONS RIDERS THAT LIMIT THE ABILITY
OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND
EXPLOSIVES TO ADMINISTER THE FEDERAL FIREARMS LAWS.
(a) Prohibition on Consolidation or Centralization in the
Department of Justice of Firearms Acquisition and Disposition Records
Maintained by Federal Firearms Licensees.--The matter under the heading
``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title I of division B of the Consolidated and Further
Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law
112-55; 125 Stat. 609-610) is amended by striking the 1st proviso.
(b) Prohibition on Imposition of Requirement That Firearms Dealers
Conduct Physical Check of Firearms Inventory.--The matter under the
heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries
and Expenses'' in title II of division B of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6) is
amended by striking the 5th proviso.
(c) Requirement That Instant Check Records Be Destroyed Within 24
Hours.--Section 511 of the Consolidated and Further Continuing
Appropriations Act, 2012 (18 U.S.C. 922 note; Public Law 112-55; 125
Stat. 632) is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking the semicolon and all that follows and
inserting a period.
(d) Limitations Relating to Firearms Trace Data.--
(1) Tiahrt amendments.--
(A) The matter under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title I of division B of the Consolidated
and Further Continuing Appropriations Act, 2012 (18
U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610)
is amended by striking the 6th proviso.
(B) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the
Consolidated Appropriations Act, 2010 (18 U.S.C. 923
note; Public Law 111-117; 123 Stat. 3128-3129) is
amended by striking ``beginning in fiscal year 2010 and
thereafter'' and inserting ``in fiscal year 2010''.
(C) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the Omnibus
Appropriations Act, 2009 (18 U.S.C. 923 note; Public
Law 111-8; 123 Stat. 574-576) is amended by striking
``beginning in fiscal year 2009 and thereafter'' and
inserting ``in fiscal year 2009''.
(D) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the
Consolidated Appropriations Act, 2008 (18 U.S.C. 923
note; Public Law 110-161; 121 Stat. 1903-1904) is
amended by striking ``beginning in fiscal year 2008 and
thereafter'' and inserting ``in fiscal year 2008''.
(E) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title I of the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006
(18 U.S.C. 923 note; Public Law 109-108; 119 Stat.
2295-2296) is amended by striking ``with respect to any
fiscal year''.
(F) The 6th proviso under the heading in title I of
division B of the Consolidated Appropriations Act, 2005
(18 U.S.C. 923 note; Public Law 108-447; 118 Stat.
2859-2860) is amended by striking ``with respect to any
fiscal year''.
(2) Prohibition on processing of freedom of information act
requests about arson or explosives incidents or firearm
traces.--Section 644 of division J of the Consolidated
Appropriations Resolution, 2003 (5 U.S.C. 552 note; 117 Stat.
473-474) is repealed.
(e) Prohibition on Use of Firearms Trace Data To Draw Broad
Conclusions About Firearms-Related Crime.--
(1) Section 514 of division B of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6)
is repealed.
(2) Section 516 of the Consolidated and Further Continuing
Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 633) is
repealed.
(f) Prohibitions Relating to ``Curios or Relics'' and Importation
of Surplus Military Firearm.--
(1) The matter under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title II of division B of the Consolidated and Further
Continuing Appropriations Act, 2013 (Public Law 113-6) is
amended by striking the 1st proviso.
(2) Section 519 of division B of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6)
is repealed.
(g) Prohibition on Denial of Federal Firearms License Due to Lack
of Business Activity.--The matter under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title II of division B of the Consolidated and Further Continuing
Appropriations Act, 2013 (Public Law 113-6) is amended by striking the
6th proviso. | Enforce Existing Gun Laws Act - Repeals provisions of specified consolidated appropriations acts that: prohibit the use of Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) appropriations for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of Justice (DOJ), records of the acquisition and disposition of firearms maintained by federal firearms licensees; prohibit expending funds appropriated to ATF to promulgate or implement any rule requiring a physical inventory of any firearms business; prohibit using appropriated funds for any criminal background check system that does not require the destruction of identifying information submitted for a transferee within 24 hours after the system advises a licensee that the transferee's receipt of a firearm is not prohibited; prohibit the use of ATF appropriations to disclose the contents of the Firearms Trace System database or any information required to be kept or reported on the acquisition and disposition of firearms by firearms licencees, except to a law enforcement agency, a prosecutor in connection with in a criminal investigation or prosecution; prohibit using appropriations to take any action on a Freedom of Information Act request with respect to certain records collected, maintained, or provided by law enforcement agencies in connection with arson or explosives incidents or the tracing of a firearm; require ATF data releases to include language that would make clear that firearms trace data cannot be used to draw broad conclusions about firearms-related crime; prohibit the use of appropriations to pay administrative expenses or the compensation of any federal employee to implement an amendment to regulations permitting the importation of certain firearms classified as curios or relics, to change the definition of "curios or relics" under such regulations, or to deny an application for a permit to import U.S.-origin curios or relics firearms, parts, or ammunition; and prohibit the use of ATF appropriations to deny issuance or renewal of a firearms license due to a licensee's lack of business activity. | Enforce Existing Gun Laws Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Infrastructure Banks for
Schools Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to a 1996 study conducted by the American
School & University, $10.42 billion was spent to address the
Nation's education infrastructure needs in 1995, with the
average total cost of a new high school at $15.4 million.
(2) According to the National Center for Education
Statistics, an estimated $127 billion in school repair,
modernization, expansion, and construction is needed.
(3) Approximately 14 million American students attend
schools which report the need for extensive repair or
replacement of one or more buildings.
(4) Academic research has proven a direct correlation
between the condition of school facilities and student
achievement. At Georgetown University, researchers found that
students assigned to schools in poor conditions can be expected
to fall 10.9 percentage points behind those in buildings in
excellent condition. Similar studies have demonstrated up to a
20 percent improvement in test scores when students were moved
from a poor facility to a new facility.
(5) The Director of Education and Employment Issues at the
Government Accounting Office testified that nearly 52 percent
of schools, affecting 21.3 million students, reported
insufficient technology elements for 6 or more areas.
(6) Large numbers of local educational agencies have
difficulties securing financing for school facility
improvement.
(7) The challenges facing our Nation's public elementary
and secondary schools and libraries require the concerted
efforts of all levels of government and all sectors of the
community.
(8) The United States' competitive position within the
world economy is vulnerable if America's future workforce
continues to be educated in schools and libraries not equipped
for the 21st century.
(9) The deplorable state of collections in America's public
school libraries has increased the demands on public libraries.
In many instances, public libraries substitute for school
libraries creating a higher demand for material and physical
space to house literature and educational computer equipment.
(10) Research shows that 50 percent of a child's
intellectual development takes place before age 4. Our nation's
public and school libraries play a critical role in a child's
early development because they provide a wealth of books and
other resources that can give every child a head start on life
and learning.
SEC. 3. STATE INFRASTRUCTURE BANK PILOT PROGRAM.
(a) Establishment.--
(1) Cooperative agreements.--Subject to the provisions of
this section, the Secretary of the Treasury, in consultation
with the Secretary of Education, may enter into cooperative
agreements with States for the establishment of State
infrastructure banks and multistate infrastructure banks for
making loans to local educational agencies for building or
repairing elementary or secondary schools which provide free
public education (as such terms are defined in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)) and to public libraries for building or repairing
library facilities.
(2) Interstate compacts.--Congress grants consent to 2 or
more of the States, entering into a cooperative agreement under
paragraph (1) with the Secretary of the Treasury for the
establishment of a multistate infrastructure bank, to enter
into an interstate compact establishing such bank in accordance
with this section.
(b) Funding.--The Secretary of the Treasury, in consultation with
the Secretary of Education, shall make grants to State infrastructure
banks and multistate infrastructure banks in a State in a cooperative
agreement under subsection (a)(1) to provide initial capital for loans
provided under this section to local educational agencies and public
libraries. Each bank shall apply repayments of principal and interest
on loans to the making of additional loans. The Secretary shall take
final action on an application for a grant under this subsection within
90 days of the date of the submittal of such application.
(c) Infrastructure Bank Requirements.--In order to establish an
infrastructure bank under this section, each State establishing the
bank shall--
(1) contribute, at a minimum, in each account of the bank
from non-Federal sources an amount equal to 25 percent of the
amount of each capitalization grant made to the State and
contributed to the bank under subsection (b);
(2) identify an operating entity of the State as recipient
of the grant if the entity has the capacity to manage loan
funds and issue debt instruments of the State for purposes of
leveraging the funds;
(3) allow such funds to be used as reserve for debt issued
by the State so long as proceeds are deposited in the fund for
loan purposes;
(4) ensure that investment income generated by funds
contributed to an account of the bank will be--
(A) credited to the account;
(B) available for use in providing loans to
projects eligible for assistance from the account; and
(C) invested in United States Treasury securities,
bank deposits, or such other financing instruments as
the Secretary may approve to earn interest to enhance
the leveraging of projects assisted by the bank;
(5) ensure that any loan from the bank will bear interest
at or below the lowest interest rates being offered for bonds
the income from which is exempt from Federal taxation, as
determined by the State, to make the project that is the
subject of the loan feasible;
(6) ensure that repayment of any loan from the bank will
commence not later than 1 year after the project has been
completed;
(7) ensure that the term for repaying any loan will not
exceed 30 years after the date of the first payment on the loan
under paragraph (5); and
(8) require the bank to make an annual report to the
Secretary on its status and make such other reports as the
Secretary may require by guidelines.
(d) Forms of Assistance From Infrastructure Banks.--
(1) In general.--An infrastructure bank established under
this section may make loans to a local educational agency or a
public library in an amount equal to all or part of the cost of
carrying out a project eligible for assistance under this
section.
(2) Applications for loans.--An application to an
infrastructure bank by a local educational agency or a public
library for a loan shall include--
(A) in the case of a renovation project, a
description of each architectural, civil, structural,
mechanical, or electrical deficiency to be corrected
with funds under a loan and the priorities to be
applied;
(B) a description of the criteria used by the
applicant to determine the type of corrective action
necessary for the renovation of a facility;
(C) a description of improvements to be made and a
cost estimate for the improvements;
(D) a description of how work undertaken with the
loan will promote energy conservation; and
(E) such other information as the infrastructure
bank may require.
An infrastructure bank shall take final action on a completed
application submitted to it within 90 days after the date of
its submittal.
(3) Criteria for loans.--In considering applications for a
loan an infrastructure bank shall consider--
(A) the extent to which the local educational
agency or public library involved lacks the fiscal
capacity, including the ability to raise funds through
the full use of such agency's bonding capacity and
otherwise, to undertake the project for which the loan
would be used without the loan;
(B) in the case of a local educational agency, the
threat that the condition of the physical plant in the
project poses to the safety and well-being of students;
(C) the demonstrated need for the construction,
reconstruction, or renovation based on the condition of
the facility in the project; and
(D) the age of such facility.
(e) Qualifying Projects.--
(1) In general.--A project is eligible for a loan from an
infrastructure bank if it is a project that consists of--
(A) the construction of new elementary or secondary
schools to meet the needs imposed by enrollment growth;
(B) the repair or upgrading of classrooms or
structures related to academic learning, including the
repair of leaking roofs, crumbling walls, inadequate
plumbing, poor ventilation equipment, and inadequate
heating or light equipment;
(C) an activity to increase physical safety at the
educational facility involved;
(D) an activity to enhance the educational facility
involved to provide access for students, teachers, and
other individuals with disabilities;
(E) an activity to address environmental hazards at
the educational facility involved, such as poor
ventilation, indoor air quality, or lighting;
(F) the provision of basic infrastructure that
facilitates educational technology, such as
communications outlets, electrical systems, power
outlets, or a communication closet;
(G) work that will bring an educational facility
into conformity with the requirements of--
(i) environmental protection or health and
safety programs mandated by Federal, State, or
local law if such requirements were not in
effect when the facility was initially
constructed; and
(ii) hazardous waste disposal, treatment,
and storage requirements mandated by the
Resource Conservation and Recovery Act of 1976
or similar State laws;
(H) work that will enable efficient use of
available energy resources, especially coal, solar
power, and other renewable energy resources;
(I) work to detect, remove, or otherwise contain
asbestos hazards in educational facilities; or
(J) work to construct new public library facilities
or repair or upgrade existing public library
facilities.
(2) Davis-bacon.--The wage requirements of the Act of March
3, 1931 (referred to as the ``Davis-Bacon Act'', 40 U.S.C. 276a
et seq.) shall apply with respect to individuals employed on
the projects described in paragraph (1).
(f) Supplementation.--Any loan made by an infrastructure bank shall
be used to supplement and not supplant other Federal, State, and local
funds available.
(g) Limitation on Repayments.--Notwithstanding any other provision
of law, the repayment of a loan from an infrastructure bank under this
section may not be credited towards the non-Federal share of the cost
of any project.
(h) Secretarial Requirements.--In administering this section, the
Secretary of the Treasury shall specify procedures and guidelines for
establishing, operating, and providing assistance from an
infrastructure bank.
(i) United States Not Obligated.--The contribution of Federal funds
into an infrastructure bank established under this section shall not be
construed as a commitment, guarantee, or obligation on the part of the
United States to any third party, nor shall any third party have any
right against the United States for payment solely by virtue of the
contribution. Any security or debt financing instrument issued by the
infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation
of the United States.
(j) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds contributed under this
section.
(k) Program Administration.--For each of fiscal years 2002 through
2006, a State may expend not to exceed 2 percent of the Federal funds
contributed to an infrastructure bank established by the State under
this section to pay the reasonable costs of administering the bank.
(l) Secretarial Review.--The Secretary of the Treasury shall review
the financial condition of each infrastructure bank established under
this section and transmit to Congress a report on the results of such
review not later than 90 days after the completion of the review.
(m) Authorization of Appropriations.--For grants to States for the
initial capitalization of infrastructure banks there are authorized to
be appropriated $500,000,000 for fiscal year 2002 and for each of the
next 4 fiscal years.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Local educational agency.--(A) The term ``local
educational agency'' means a public board of education or other
public authority legally constituted within a State for either
administrative control or direction of, or to perform a service
function for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State, or for such combination of school
districts or counties as are recognized in a State as an
administrative agency for its public elementary or secondary
schools.
(B) The term includes any other public institution or
agency having administrative control and direction of a public
elementary or secondary school.
(C) The term includes an elementary or secondary school
funded by the Bureau of Indian Affairs but only to the extent
that such inclusion makes such school eligible for programs for
which specific eligibility is not provided to such school in
another provision of law and such school does not have a
student population that is smaller than the student population
of the local educational agency receiving assistance under this
Act with the smallest student population, except that such
school shall not be subject to the jurisdiction of any State
educational agency other than the Bureau of Indian Affairs.
(2) Outlying area.--The term ``outlying area'' means the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau.
(3) Public library.--The term ``public library'' means a
library that serves free of charge all residents of a
community, district, or region, and receives its financial
support in whole or in part from public funds. Such term also
includes a research library, which, for the purposes of this
sentence, means a library that--
(A) makes its services available to the public free
of charge;
(B) has extensive collections of books,
manuscripts, and other materials suitable for scholarly
research which are not available to the public through
public libraries;
(C) engages in the dissemination of humanistic
knowledge through services to readers, fellowships,
educational and cultural programs, publication of
significant research, and other activities; and
(D) is not an integral part of an institution of
higher education.
(4) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas. | State Infrastructure Banks for Schools Act of 2001 - Authorizes the Secretary of the Treasury to enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks to make loans to: (1) local educational agencies for building or repairing elementary or secondary schools which provide free public education; and (2) public libraries for building or repairing library facilities.Grants consent of Congress to the States to enter into a cooperative agreement with the Secretary, as well as an interstate compact, to establish a multistate infrastructure bank.Prescribes infrastructure bank requirements.Emphasizes that: (1) any infrastructure bank loan shall be used to supplement, not supplant other Federal, State, and local funds; and (2) the contribution of Federal funds into such infrastructure banks shall not be construed as a Federal commitment, guarantee, or obligation to any third party.Mandates review by the Secretary of the financial condition of each infrastructure bank. | To establish State infrastructure banks for education. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``MRSA Infection Prevention and
Patient Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Acute care hospital.--The term ``acute care hospital''
means a hospital that maintains and operates an emergency room
(including a trauma or burn center), surgical unit, birthing
facility, and such other unit that is highly susceptible to
acquiring or transmitting infections, as determined by the
Secretary through regulations.
(2) Hospital.--The term ``hospital'' has the meaning given
such term in section 1861(e) of the Social Security Act (42
U.S.C. 1395x(e)) and includes critical access hospitals (as
defined in section 1861(mm) of such Act) and other entities
determined to be hospitals by the Secretary.
(3) MRSA.--The term ``MRSA'' means Methicillin-resistant
Staphylococcus aureus.
(4) Other infection.--The term ``other infection'' means an
infection that the Secretary, after consultation with the
Director of the Centers for Disease Control and Prevention and
other public health officials, as appropriate, and after public
hearing, determines to be, or to have the potential to become,
a serious source of morbidity and mortality in health care
facilities.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. HOSPITAL INFECTION PREVENTION PROGRAMS.
(a) Regulations.--
(1) In general.--Not later than 150 days after the date of
enactment of this Act, the Secretary, in consultation with the
Director of the Centers for Disease Control and Prevention and
such independent experts as the Secretary determines
appropriate, shall promulgate regulations that--
(A) provide a list of best practices for preventing
MRSA infections and such other antibiotic resistant
pathogens as the Secretary determines appropriate;
(B) define the term ``high risk hospital
departments'' for purposes of applying the best
practices provided for under subparagraph (A), which
may include surgical, burn, neonatal, and such other
departments as the Secretary determines;
(C) define the term ``serious source of morbidity
and mortality'' in quantitative terms for purposes of
determining the applicability of this Act to other
infections, except that such definition shall not
require morbidity and mortality rates of more than 1
percent of the estimated patient population at risk for
a particular infection in order for an infection to
qualify as a serious source of morbidity and mortality;
and
(D) provide screening, recordkeeping, and other
requirements as they relate to reductions in MRSA
infections.
(2) Consistency.--The regulations promulgated under this
subsection shall be consistent with the requirements of this
Act.
(3) Effective date.--The regulations promulgated under
paragraph (1) shall take effect on the date that is 30 days
after the date on which such regulations are published in the
Federal Register, but in no case later than 180 days after the
date of enactment of this Act.
(b) Screening Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, each acute care hospital shall screen
each patient entering an intensive care unit or other high risk
hospital department (as defined in the regulations promulgated
under subsection (a)(1)(B)).
(2) Extension of requirements.--
(A) In general.--The Secretary, in consultation
with the Director of the Centers for Disease Control
and Prevention, shall establish a process and a
timetable for extending the screening requirements of
paragraph (1) to all patients admitted to all
hospitals.
(B) Requirements fully applied.--The timetable
established under subparagraph (A), shall require that
all patients be covered by the screening requirements
under paragraph (1) by not later than January 1, 2014.
(C) Waiver.--The Secretary may waive the
requirements of this paragraph if the Secretary
determines, at the recommendation of the Director of
the Centers for Disease Control and Prevention and
after public hearing, that the rate of MRSA infections
or other infections has declined to a level at which
further screening is no longer needed.
(3) Medicare.--
(A) Requirement.--
(i) In general.--Section 1866(a)(1) of the
Social Security Act (42 U.S.C. 1395cc(a)(1)) is
amended--
(I) by striking ``and'' at the end
of subparagraph (U);
(II) by striking the period at the
end of subparagraph (V) and inserting
``, and''; and
(III) by inserting after
subparagraph (V) the following:
``(W) in the case of an acute care hospital (as defined in
section 2(1) of the MRSA Infection Prevention and Patient
Protection Act), to comply with the screening requirements
described in section 3 of such Act.''.
(ii) Effective date.--The amendments made
by clause (i) shall apply to agreements entered
into or renewed on or after the date that is
180 days after the enactment of this Act.
(B) Medicare payment adjustments.--Not later than
January 1, 2011, the Secretary shall submit to the
appropriate committees of Congress, a report on whether
payment adjustments should be made under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.) to
assist certain hospitals in defraying the cost of
screening for, and the subsequent treatment of, MRSA
infections (or other infections). In preparing such
report, the Secretary shall give special consideration
to the needs of rural, critical access, sole community,
and Medicare dependent hospitals, and disproportionate
share hospitals and other hospitals with a
disproportionate share of immune compromised patients.
(c) Best Practices.--In addition to any other best practices
contained in the regulations promulgated under subsection (a)(1)(A),
each hospital shall comply with the following:
(1) A hospital shall require contact (barrier) precautions,
as determined by the Secretary, be taken when treating patients
who test positive for MRSA colonization (as defined by the
Centers for Disease Control and Prevention).
(2) Where possible, a hospital shall--
(A)(i) isolate, with the same staffing ratio per
bed as in the non-isolated beds of the hospital, or
cohort patients colonized or infected with MRSA; or
(ii) notify any patients with whom the
infected patient may room that such patient has
tested positive for MRSA;
(B) control and monitor the movements of such
patients within the hospital; and
(C) take whatever steps are needed to stop the
transmission of MRSA bacteria to patients who did not
come into the hospital infected or colonized with such
bacteria.
The Secretary may suspend the application of this paragraph in
the case of an emergency.
(3) All patients who test positive for MRSA shall be
informed of the results. All MRSA test results shall be noted
in the patient's medical record.
(4) Each hospital shall, by January 1, 2010, adopt a policy
requiring any patient who has a MRSA infection to receive oral
and written instructions regarding aftercare and precautions to
prevent the spread of the infection to others.
(5) Patients being discharged from intensive care units
shall be tested again for MRSA, and those patients testing
positive shall be informed of their status, and that status
shall be noted in the patient's medical records in case of
readmittance to a hospital.
(6) A hospital shall educate its staff concerning modes of
transmission of MRSA, use of protective equipment, disinfection
policies and procedures, and other preventive measures.
(7) A hospital shall provide other interventions, as the
Secretary determines to be necessary, for control of MRSA
infection.
(d) Reporting.--
(1) In general.--Not later than January 1, 2011, each
hospital shall, using the National Healthcare Safety Network of
the Centers for Disease Control and Prevention, report
hospital-acquired MRSA and other infections that occur in the
hospital facility. The Secretary shall develop a process for
the risk adjustment of such reports by hospitals.
(2) Publication.--The Secretary shall develop a system for
the publication of hospital-specific infection rates, including
the rate of MRSA infections.
(e) Non-Hospital Medicare Providers.--
(1) MRSA infection reporting.--The Secretary, using the
MRSA infection and other infection information identified under
subsection (b) and such other billing and coding information as
necessary, shall promulgate regulations to--
(A) define the term ``infected transferred
patient'', to describe a patient who, after discharge
from, or treatment at, a non-hospital Medicare
provider, is admitted to the hospital with MRSA
infection (or other infection);
(B) establish a system for identifying infected
transferred patients;
(C) establish a system to promptly inform any
facility that has transferred an infected patient; and
(D) establish requirements that any non-hospital
Medicare provider that treats an infected transferred
patient described under subparagraph (A) and that
cannot provide a reasonable explanation that the
infection was not acquired in the facility, submit to
the Secretary an action plan describing how such
provider plans to reduce the incidence of such
infections.
(2) Assistance.--The Secretary shall promulgate regulations
to develop a program to provide technical assistance and
educational materials to non-hospital Medicare providers
described in paragraph (1)(A) in order to assist in preventing
subsequent MRSA infections.
(3) Publication of certain information.--If a non-hospital
Medicare provider identified using the system established under
paragraph (1) fails to take steps, as required by the
regulations promulgated under subparagraph (1)(D), to combat
MRSA infections, the Secretary shall publish the name of the
provider and the number of MRSA infections from such provider
in the previous year.
(f) Assistance.--
(1) In general.--To provide for the rapid implementation of
MRSA screening programs and initiatives through the
installation of certified MRSA screening equipment and the
provision of necessary support services, a hospital may submit
an application to the Secretary for a 1-year increase in the
amount of the capital-related costs payment made to the
hospital under the prospective payment system under section
1886(g) of the Social Security Act (42 U.S.C. 1395ww(g)). The
Secretary shall approve all requests that the Secretary
determines are reasonable and necessary.
(2) Repayment.--A hospital that receives an increase under
paragraph (1) shall, not later than 4 years after the date of
receipt of such increase, reimburse the Secretary for the costs
of such increase. Such costs shall include the accrual of
interest at the rate payable for Federal Treasury notes. Such
reimbursement may be in the form of reduced capital-related
costs payments to the hospital under the system described in
paragraph (1) for the years following the year in which the
increase was received.
(3) Certification system.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
promulgate regulations for the development of a system to
certify appropriate MRSA screening and support services for
purposes of this subsection.
SEC. 4. MRSA TESTING PILOT PROGRAM.
(a) In General.--The Director of the Centers for Disease Control
and Prevention (referred to in this section as the ``Director'') shall
award a grant to 1 collaborative project involving an eligible hospital
and qualified testing corporation on a competitive basis to carry out a
pilot program designed to develop a rapid, cost-effective method for
testing for MRSA using the polymerase chain reaction (referred to in
this section as ``PCR'') or other molecular testing methods.
(b) Purpose.--The pilot program described in subsection (a) shall
be designed to--
(1) develop a low-cost, nationally adoptable PCR-based
analytical system for timely MRSA testing and results;
(2) develop the system described in paragraph (1) so that
it is affordable to hospitals, thereby enabling compliance with
mandated MRSA testing requirements;
(3) develop a system for centralized reporting of results
receiving through such testing to appropriate governmental
agencies for the purpose of disease reporting and surveillance;
and
(4) develop a technology platform that may be extended to
other infections that the Director identifies as priorities for
detection, treatment, and surveillance.
(c) Eligibility.--The Secretary shall establish requirements
regarding eligibility to receive a grant under this section, which
shall include the following requirements:
(1) The collaborate project shall be between a nonprofit
hospital organized for charitable purposes under section
501(c)(3) of the Internal Revenue Code of 1986 and a qualified
testing corporation.
(2) The hospital shall serve as the beta test site for any
MRSA screening methods developed through the pilot program. | MRSA Infection Prevention and Patient Protection Act - Directs the Secretary of Health and Human Services (HHS) to promulgate regulations relating to MRSA (methicillin-resistant Staphylococcus aureus), including regulations that provide a list of best practices for preventing MRSA infections and such other antibiotic resistant pathogens as the Secretary determines appropriate.
Requires each acute care hospital to screen each patient entering an intensive care unit or other high-risk hospital department. Directs the Secretary to: (1) establish a process and a timetable for extending the screening requirements to patients admitted to all hospitals by January 1, 2014; and (2) report to Congress on whether payment adjustments should be made under Medicare to assist certain hospitals in defraying the cost of screening for, and the subsequent treatment of, MRSA or other infections.
Requires all hospitals to: (1) comply with specified MRSA best practices, including contact precautions and patient notification; and (2) report hospital-acquired MRSA and other infections that occur in the facility.
Requires the Secretary to: (1) establish systems for identifying infected transferred patients and for promptly informing any facility that has transferred an infected patient; and (2) publish the names of providers who fail to take steps to reduce the incidence of MRSA infections.
Permits a hospital to apply to the Secretary for a one-year increase in the amount of the capital-related costs payment made to the hospital under the prospective payment system to provide for the rapid implementation of MRSA screening programs and initiatives.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to award a grant for a pilot program to develop a rapid, cost-effective method for testing for MRSA using a molecular testing method. . | A bill to prevent health care facility-acquired infections. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Growth and Development
Act''.
SEC. 2. SENSE OF CONGRESS ON UNITED STATES DEVELOPMENT ASSISTANCE.
It is the sense of Congress that--
(1) United States development assistance--
(A) is most effective in countries with governments
that demonstrate a commitment to the rule of law, human
rights, investing in their own people, combating
corruption, and creating a policy environment and legal
framework that enables trade, investment, and enduring
economic growth;
(B) is most likely to produce sustainable results
when it aligns with the development priorities of the
recipient country, creates opportunities for growth
lead by the private sector, and complements rather than
replacing government investments in priority sectors
through a transparent and accountable system of
domestic resource mobilization;
(C) should be guided by a unified strategy,
ambitious targets, and robust monitoring and evaluation
to ensure that it is efficient, effective, and results-
oriented;
(D) should be targeted in recipient countries in a
manner that--
(i) advances the rule of law;
(ii) builds and strengthens civic
institutions and trade capacity;
(iii) addresses binding constraints to
market-based economic growth;
(iv) catalyzes private sector investment in
key development areas, such as utilities,
infrastructure, agriculture, health, and
education;
(v) promotes transparency and
accountability among donors, governments, and
citizens; and
(vi) places recipient countries on a
trajectory toward graduation from foreign
assistance; and
(E) should prioritize and better coordinate
resources that support enhanced trade capacity and
facilitate fairer and more sustainable trade with
partner countries; and
(2) United States development finance programs, which
mobilize private capital to achieve development objectives and
may soon outpace traditional grant-based assistance programs in
terms of total capital investments, should--
(A) be appropriately leveraged to complement,
rather than replace, other forms of private capital;
(B) drive inclusive, enduring economic growth; and
(C) have stability and predictability by being
provided a multi-year authorization.
SEC. 3. INTERAGENCY MECHANISM TO COORDINATE UNITED STATES DEVELOPMENT
PROGRAMS AND PRIVATE SECTOR INVESTMENT.
(a) In General.--The President shall establish a primary
interagency mechanism to coordinate United States development
assistance programs carried out by Federal departments and agencies
engaged in planning or providing such assistance overseas with the
investment activities of the private sector.
(b) Duties.--The interagency mechanism established under subsection
(a) shall--
(1) streamline the private-sector liaison, coordination,
and investment promotion functions of such Federal departments
and agencies;
(2) facilitate the use of development and finance tools
across such Federal departments and agencies to attract greater
participation in development activities by the private sector;
and
(3) establish a single point of contact for entities in the
private sector of the United States to pursue partnership
opportunities with such Federal departments and agencies.
(c) Annual Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter through 2022, the
President shall submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of the Senate
a report evaluating the progress of the interagency mechanism in
carrying out the duties described in subsection (b).
SEC. 4. DEVELOPMENT STRATEGIES.
(a) In General.--The heads of Federal departments and agencies
engaged in planning or providing United States development assistance
overseas shall ensure that--
(1) a rigorous analysis of the constraints to economic
growth and investment within a country receiving such
assistance guides any development strategy of the United States
with respect to such country; and
(2) the development strategies of the United States are
coordinated with activities carried out by the private sector
within countries receiving such assistance, to the greatest
extent practicable and appropriate.
(b) Matters To Be Included.--Each analysis required under
subsection (a)(1) shall include an identification and analysis of--
(1) the constraints posed by inadequacies in critical
infrastructure, the education system, the rule of law, the tax
and investment codes, or the customs or regulatory regimes in
the recipient country; and
(2) the particular economic sectors, such as the
agriculture, transportation, energy, education, or financial
services sectors, that are central to achieving economic growth
in the recipient country.
(c) Results.--The results of each analysis required under
subsection (a)(1) shall be--
(1) incorporated into any relevant development strategy, as
defined in subsection (d); and
(2) used to inform and guide the allocation of resources by
Federal departments and agencies engaged in planning or
providing United States development assistance overseas.
(d) Development Strategy Defined.--In this section, the term
``development strategy'' means any global, sectoral, or country
development strategy of the United States and includes any integrated
country strategy, regional or functional strategy, country development
cooperation strategy, or mission strategic resource plan. | Economic Growth and Development Act This bill requires the President to establish a primary interagency mechanism to coordinate U.S. development assistance programs carried out by federal agencies overseas with private sector investment activities. The mechanism shall: streamline the private-sector liaison, coordination, and investment promotion functions of such agencies; facilitate the use of development and finance tools across such agencies to attract greater participation in development activities by the private sector; and establish a single point of contact for U.S. private sector entities pursuing partnership opportunities with such agencies. Federal agencies planning or providing U.S. development assistance overseas shall ensure that: (1) a rigorous analysis of the constraints to economic growth and investment within a recipient country guides any U.S. development strategy, and (2) U.S. development strategies are coordinated with private sector activities in such countries. Each analysis shall identify and analyze: (1) the constraints posed by inadequacies in critical infrastructure, the education system, the rule of law, the tax and investment codes, or the customs or regulatory regimes in the recipient country; and (2) the particular economic sectors that are central to achieving economic growth in the recipient country. The results of each analysis shall be: (1) incorporated into any relevant development strategy, and (2) used to guide the allocation of resources by federal agencies planning or providing U.S. development assistance overseas. | Economic Growth and Development Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Non-Discrimination Act of
2018''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Public school students who are lesbian, gay, bisexual,
or transgender (referred to in this Act as ``LGBT''), or are
perceived to be LGBT, or who associate with LGBT people, have
been and are subjected to pervasive discrimination, including
harassment, bullying, intimidation, and violence, and have been
deprived of equal educational opportunities, in schools in
every part of the Nation.
(2) While discrimination of any kind is harmful to students
and to the education system, actions that target students based
on sexual orientation or gender identity represent a distinct
and severe problem that remains inconsistently and inadequately
addressed by current Federal law.
(3) Numerous social science studies demonstrate that
discrimination at school has contributed to high rates of
absenteeism, academic underachievement, dropping out, and
adverse physical and mental health consequences among LGBT
youth.
(4) When left unchecked, discrimination in schools based on
sexual orientation or gender identity can lead, and has led, to
life-threatening violence and to suicide.
(5) Public school students enjoy a variety of
constitutional rights, including rights to equal protection,
privacy, and free expression, which are infringed when school
officials engage in or fail to take prompt and effective action
to stop discrimination on the basis of sexual orientation or
gender identity.
(6) Provisions of Federal statutory law expressly prohibit
discrimination on the basis of race, color, sex, religion,
disability, and national origin. Numerous Federal courts have
correctly interpreted the prohibitions on sex discrimination to
include discrimination based on sex stereotypes, sexual
orientation, and gender identity. However, the absence of
express Federal law prohibitions on discrimination on the basis
of sexual orientation and gender identity has created
unnecessary uncertainty that risks limiting access to legal
remedies under Federal law for LGBT students and their parents.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that all students have access to public
education in a safe environment free from discrimination,
including harassment, bullying, intimidation, and violence, on
the basis of sexual orientation or gender identity;
(2) to provide a comprehensive, explicit Federal
prohibition, in addition to existing protections under Federal
prohibitions on sex discrimination, of discrimination in public
schools based on actual or perceived sexual orientation or
gender identity;
(3) to provide meaningful and effective remedies for
discrimination in public schools based on actual or perceived
sexual orientation or gender identity;
(4) to invoke congressional powers, including the power to
enforce the 14th Amendment to the Constitution of the United
States and to provide for the general welfare pursuant to
section 8 of article I of the Constitution and the power to
make all laws necessary and proper for the execution of the
foregoing powers pursuant to section 8 of article I of the
Constitution, in order to prohibit discrimination in public
schools on the basis of sexual orientation or gender identity;
and
(5) to allow the Department of Education and the Department
of Justice to effectively combat discrimination based on sexual
orientation and gender identity in public schools, through
regulation and enforcement, as the Departments have issued
regulations under and enforced title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) and other
nondiscrimination laws in a manner that effectively addresses
discrimination.
SEC. 3. DEFINITIONS AND RULE.
(a) Definitions.--For purposes of this Act:
(1) Educational agency.--The term ``educational agency''
means a local educational agency, an educational service
agency, or a State educational agency, as those terms are
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, or mannerisms or other
gender-related characteristics of an individual, with or
without regard to the individual's designated sex at birth.
(3) Harassment.--The term ``harassment'' means conduct that
is sufficiently severe, persistent, or pervasive to limit a
student's ability to participate in or benefit from a program
or activity of a public school or educational agency, including
acts of verbal, nonverbal, or physical aggression,
intimidation, or hostility, if such conduct is based on--
(A) a student's actual or perceived sexual
orientation or gender identity; or
(B) the actual or perceived sexual orientation or
gender identity of a person with whom a student
associates or has associated.
(4) Program or activity.--The terms ``program or activity''
and ``program'' have the same meanings given such terms as
applied under section 606 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-4a) to the operations of public entities under
paragraph (2)(B) of such section.
(5) Public school.--The term ``public school'' means an
elementary school (as the term is defined in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)) that is a public institution, and a secondary school (as
so defined) that is a public institution.
(6) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
(7) Student.--The term ``student'' means an individual
within the age limits for which the State provides free public
education who is enrolled in a public school or who, regardless
of official enrollment status, attends classes or participates
in the programs or activities of a public school or local
educational agency.
(b) Rule.--Consistent with Federal law, in this Act the term
``includes'' means ``includes but is not limited to''.
SEC. 4. PROHIBITION AGAINST DISCRIMINATION.
(a) In General.--No student shall, on the basis of actual or
perceived sexual orientation or gender identity of such individual or
of a person with whom the student associates or has associated, be
excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving
Federal financial assistance.
(b) Harassment.--For purposes of this Act, discrimination includes
harassment of a student on the basis of actual or perceived sexual
orientation or gender identity of such student or of a person with whom
the student associates or has associated.
(c) Retaliation Prohibited.--
(1) Prohibition.--No person shall be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination, retaliation, or reprisal under any program or
activity receiving Federal financial assistance based on the
person's opposition to conduct made unlawful by this Act.
(2) Definition.--For purposes of this subsection,
``opposition to conduct made unlawful by this Act'' includes--
(A) opposition to conduct believed to be made
unlawful by this Act or conduct that could be believed
to become unlawful under this Act if allowed to
continue;
(B) any formal or informal report, whether oral or
written, to any governmental entity, including public
schools and educational agencies and employees of the
public schools or educational agencies, regarding
conduct made unlawful by this Act, conduct believed to
be made unlawful by this Act, or conduct that could be
believed to become unlawful under this Act if allowed
to continue;
(C) participation in any investigation, proceeding,
or hearing related to conduct made unlawful by this
Act, conduct believed to be made unlawful by this Act,
or conduct that could be believed to become unlawful
under this Act if allowed to continue; and
(D) assistance or encouragement provided to any
other person in the exercise or enjoyment of any right
granted or protected by this Act,
if in the course of that expression, the person involved does
not purposefully provide information known to be false to any
public school or educational agency or other governmental
entity regarding conduct made unlawful by this Act, or conduct
believed to be made unlawful by this Act, or conduct that could
be believed to become unlawful under this Act if allowed to
continue.
SEC. 5. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO CONGRESSIONAL
COMMITTEES.
(a) Requirements.--Each Federal department and agency which is
empowered to extend Federal financial assistance to any education
program or activity, by way of grant, loan, or contract other than a
contract of insurance or guaranty, is authorized and directed to
effectuate the provisions of section 4 with respect to such program or
activity by issuing rules, regulations, or orders of general
applicability which shall be consistent with achievement of the
objectives of the statute authorizing the financial assistance in
connection with which the action is taken. No such rule, regulation, or
order shall become effective unless and until approved by the
President.
(b) Enforcement.--Compliance with any requirement adopted pursuant
to this section may be effected--
(1) by the termination of or refusal to grant or to
continue assistance under such program or activity to any
recipient as to whom there has been an express finding on the
record, after opportunity for hearing, of a failure to comply
with such requirement, but such termination or refusal shall be
limited to the particular political entity, or part thereof, or
other recipient as to whom such a finding has been made, and
shall be limited in its effect to the particular program, or
part thereof, in which such noncompliance has been so found; or
(2) by any other means authorized by law,
except that no such action shall be taken until the department or
agency concerned has advised the appropriate person or persons of the
failure to comply with the requirement and has determined that
compliance cannot be secured by voluntary means.
(c) Reports.--In the case of any action terminating, or refusing to
grant or continue, assistance because of failure to comply with a
requirement imposed pursuant to this section, the head of the Federal
department or agency shall file with the committees of the House of
Representatives and Senate having legislative jurisdiction over the
program or activity involved a full written report of the circumstances
and the grounds for such action. No such action shall become effective
until 30 days have elapsed after the filing of such report.
SEC. 6. PRIVATE CAUSE OF ACTION.
(a) Private Cause of Action.--Subject to subsection (c), and
consistent with the cause of action recognized under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), an aggrieved
individual may bring an action in a court of competent jurisdiction,
asserting a violation of this Act. Aggrieved individuals may be awarded
all appropriate relief, including equitable relief, compensatory
damages, and costs of the action.
(b) Rule of Construction.--This section shall not be construed to
preclude an aggrieved individual from obtaining remedies under any
other provision of law or to require such individual to exhaust any
administrative complaint process or notice of claim requirement before
seeking redress under this section.
(c) Statute of Limitations.--For actions brought pursuant to this
section, the statute of limitations period shall be determined in
accordance with section 1658(a) of title 28, United States Code. The
tolling of any such limitations period shall be determined in
accordance with the law governing actions under section 1979 of the
Revised Statutes (42 U.S.C. 1983) in the State in which the action is
brought.
SEC. 7. CAUSE OF ACTION BY THE ATTORNEY GENERAL.
The Attorney General is authorized to institute for or in the name
of the United States a civil action for a violation of this Act in any
appropriate district court of the United States against such parties
and for such relief as may be appropriate, including equitable relief
and compensatory damages. Whenever a civil action is instituted for a
violation of this Act, the Attorney General may intervene in such
action upon timely application and shall be entitled to the same relief
as if the Attorney General had instituted the action. Nothing in this
Act shall adversely affect the right of any person to sue or obtain
relief in any court for any activity that violates this Act, including
regulations promulgated pursuant to this Act.
SEC. 8. STATE IMMUNITY.
(a) State Immunity.--A State shall not be immune under the 11th
Amendment to the Constitution of the United States from suit in Federal
court for a violation of this Act.
(b) Waiver.--A State's receipt or use of Federal financial
assistance for any program or activity of a State shall constitute a
waiver of sovereign immunity, under the 11th Amendment or otherwise, to
a suit brought by an aggrieved individual for a violation of section 4.
(c) Remedies.--In a suit against a State for a violation of this
Act, remedies (including remedies both at law and in equity) are
available for such a violation to the same extent as such remedies are
available for such a violation in the suit against any public or
private entity other than a State.
SEC. 9. ATTORNEY'S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is
amended by inserting ``the Student Non-Discrimination Act of 2018,''
after ``Religious Land Use and Institutionalized Persons Act of
2000,''.
SEC. 10. EFFECT ON OTHER LAWS.
(a) Federal and State Nondiscrimination Laws.--Nothing in this Act
shall be construed to preempt, invalidate, or limit rights, remedies,
procedures, or legal standards available to victims of discrimination
or retaliation, under any other Federal law or law of a State or
political subdivision of a State, including titles IV and VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.; 2000d et seq.),
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.),
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or
section 1979 of the Revised Statutes (42 U.S.C. 1983). The obligations
imposed by this Act are in addition to those imposed by titles IV and
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.; 2000d et
seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.),
and section 1979 of the Revised Statutes (42 U.S.C. 1983).
(b) Free Speech and Expression Laws and Religious Student Groups.--
Nothing in this Act shall be construed to alter legal standards
regarding, or affect the rights available to individuals or groups
under, other Federal laws that establish protections for freedom of
speech and expression, such as legal standards and rights available to
religious and other student groups under the First Amendment and the
Equal Access Act (20 U.S.C. 4071 et seq.).
SEC. 11. SEVERABILITY.
If any provision of this Act, or any application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the provision to any
other person or circumstance shall not be impacted.
SEC. 12. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of enactment of
this Act and shall not apply to conduct occurring before the effective
date of this Act. | Student Non-Discrimination Act of 2018 This bill prohibits discrimination, under a federally assisted program, against public school students on the basis of their actual or perceived sexual orientation or gender identity or that of their associates. The bill authorizes federal departments and agencies to terminate the educational assistance of recipients found to be violating this prohibition. An aggrieved individual may assert a violation of this bill in a judicial proceeding and recover reasonable attorney's fees. The Department of Justice is authorized to institute a civil action for a violation of this bill. | Student Non-Discrimination Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teri Zenner Social Worker Safety
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Occupational Safety and Health
Administration, some 2 million American workers are victims of
job-related violence each year.
(2) On August 17, 2004, Teri Zenner, a social worker and
case manager with Johnson County Mental Health Center, was
stabbed and killed during a routine, in-home visit with a
client.
(3) Based on OSHA's most recently published ``Guidelines
for Preventing Workplace Violence for Health Care & Social
Service Workers'', 48 percent of all non-fatal injuries from
occupational assaults and violent acts occurred in the fields
of health care and social services.
(4) A major study by the American Federation of State,
County, and Municipal Employees, found that 70 percent of
front-line child welfare workers had been victims of violence
or threats in the line of duty. A review of the 585 exit
interviews found that 90 percent of former child welfare
workers experienced verbal threats, 30 percent experienced
physical attacks, and 13 percent had been threatened with
weapons.
(6) Based on 2000 Bureau of Labor Statistics findings,
social service workers in the public sector, including social
workers and case workers, are approximately 7 times more likely
to be the victims of violent assaults while at work than are
workers in the private sector.
(7) States such as California, New Jersey, and Washington,
and the National Association of Social Workers, have all
developed various safety programs with safety guidelines for
social workers and case workers to follow while in the course
of their employment;
(8) Social workers and case workers elevate service to
others above self-interest, and draw on their knowledge, values
and skills to help people in need and to address social
problems. Job-related violence against social workers and case
workers affects these hard-working and dedicated individuals,
their families, their clients, and their communities throughout
the United States;
(9) There is a need to increase public awareness and
understanding of job-related violence in the field of social
services and to meet the needs of social workers and case
workers in preventing such violence. Although not every
incident of job-related violence can be prevented, many can,
and the severity of injuries sustained by social workers and
case workers can be reduced.
SEC. 3. SOCIAL WORKER SAFETY GRANT PROGRAM.
(a) Grants Authorized.--The Secretary of Health and Human Services
(the ``Secretary''), through the Substance Abuse and Mental Health
Services Administration, is authorized to award grants to States to
provide safety measures to social workers and other professionals
working with violent, drug-using, or other at-risk populations.
(b) Use of Funds.--Grants awarded pursuant to subsection (a) may be
used to provide or support the following safety measures:
(1) The procurement and installation of safety equipment,
including communications systems, such as GPS tracking devices
and GPS cell telephones to assist agencies in locating staff,
and any technical assistance and training for safety
communications.
(2) Training exercises for self-defense and crisis
management.
(3) Facility safety improvements.
(4) The provision of pepper spray for self-defense.
(5) Training in cultural competency, including linguistic
training, and training on strategies for de-escalating a
situation that could turn volatile.
(6) Training to help workers who work with mentally ill
community or that have behavioral problems and need help
coping.
(7) Educational resources and materials to train staff on
safety and awareness measures.
(8) Other activities determined by the Secretary to be
safety training.
(c) Application.--
(1) In general.--A State seeking a grant under subsection
(a) shall submit an application to the Secretary, at such time,
in such manner, and accompanied by such additional information
as the Secretary may require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the type of agencies that will be
receiving funding from the grant and type of work done
by such agencies;
(B) describe the specific activities for which
assistance under this section is sought and include a
program budget; and
(C) contain an assurance that the applicant will
evaluate the effectiveness of the safety measure
provided with funds received under the grant;
(d) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to those applicants that--
(1) demonstrate the greatest need based on documented
incidents; and
(2) seek to provided assistance to multiple agencies.
(e) Quality Assurance and Cost-Effectiveness.--The Secretary shall
establish guidelines for assuring the cost-effectiveness and quality of
the safety measures funded under this section.
(f) Technical Assistance.--The Secretary may provide technical
assistance to grant recipients with respect to planning, developing,
and implementing safety measures under the grant.
(g) Report Requirement.--States receiving grants shall file with
the Secretary, not later than 2 years after the receipt of the grant,
information that includes--
(1) an assessment of the activities funded in whole or in
part with such grant;
(2) the range and scope of training opportunities,
including numbers and percentage of social workers engaged in
the training programs funded in whole or in part by such grant;
and
(3) the incidence of threats to social workers, if any, and
the strategies used to address their safety.
(h) Non-Federal Share.--For any State receiving a grant under this
section, the non-Federal share of any program to provide safety
measures shall be 50 percent.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Health and Human Services $5,000,000
for each of fiscal years 2008 through 2012 to carry out this Act. | Teri Zenner Social Worker Safety Act - Authorizes the Secretary of Health and Human Services to award grants to states to provide safety measures to social workers and other professionals working with violent, drug-using, or other at-risk populations. | To establish a grant program to assist in the provision of safety measures to protect social workers and other professionals who work with at-risk populations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Our Workers from
Exploitation and Retaliation Act'' or the ``POWER Act''.
SEC. 2. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME.
(a) Protection for Victims of Labor and Employment Violations.--
Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)) is amended--
(1) in clause (i)--
(A) by amending subclause (I) to read as follows:
``(I) the alien--
``(aa) has suffered substantial
abuse or harm as a result of having
been a victim of criminal activity
described in clause (iii);
``(bb) has suffered substantial
abuse or harm related to a violation
described in clause (iv);
``(cc) is a victim of criminal
activity described in clause (iii) and
would suffer extreme hardship upon
removal; or
``(dd) has suffered a violation
described in clause (iv) and would
suffer extreme hardship upon
removal;'';
(B) in subclause (II), by inserting ``, or a labor
or employment violation resulting in a workplace claim
described in clause (iv)'' before the semicolon at the
end;
(C) in subclause (III)--
(i) by striking ``or State judge, to the
Service'' and inserting ``, State, or local
judge, to the Department of Homeland Security,
to the Equal Employment Opportunity Commission,
to the Department of Labor, to the National
Labor Relations Board''; and
(ii) by inserting ``, or investigating,
prosecuting, or seeking civil remedies for a
labor or employment violation related to a
workplace claim described in clause (iv)''
before the semicolon at the end; and
(D) in subclause (IV)--
(i) by inserting ``(aa)'' after ``(IV)''
and
(ii) by adding at the end the following:
``or
``(bb) a workplace claim described in
clause (iv) resulted from a labor or employment
violation;'';
(2) in clause (ii)(II), by striking ``and'' at the end;
(3) in clause (iii), by striking ``or'' at the end and
inserting ``and''; and
(4) by adding at the end the following:
``(iv) in the labor or employment violation related
to a workplace claim, the alien--
``(I) has filed, is a material witness in,
or is likely to be helpful in the investigation
of, a bona fide workplace claim (as defined in
section 274A(e)(10)(C)(iii)(II)); and
``(II) reasonably fears, has been
threatened with, or has been the victim of, an
action involving force, physical restraint,
retaliation, or abuse of the immigration or
other legal process against the alien or
another person by the employer in relation to
acts underlying the workplace claim or related
to the filing of the workplace claim; or''.
(b) Temporary Protection for Victims of Crime, Labor, and
Employment Violations.--Notwithstanding any other provision of law, the
Secretary of Homeland Security may permit an alien to temporarily
remain in the United States and grant the alien employment
authorization if the Secretary determines that the alien--
(1) has filed for relief under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)); or
(2)(A) has filed, or is a material witness to, a bona fide
workplace claim (as defined in section 274A(e)(10)(B)(iii)(II)
of such Act, as added by section 3(b)); and
(B) has been helpful, is being helpful, or is likely to be
helpful to--
(i) a Federal, State, or local law enforcement
official;
(ii) a Federal, State, or local prosecutor;
(iii) a Federal, State, or local judge;
(iv) the Department of Homeland Security;
(v) the Equal Employment Opportunity Commission;
(vi) the Department of Labor;
(vii) the National Labor Relations Board; or
(viii) other Federal, State, or local authorities
investigating, prosecuting, or seeking civil remedies
related to the workplace claim.
(c) Conforming Amendments.--Section 214(p) of the Immigration and
Nationality Act (8 U.S.C. 1184(p)) is amended--
(1) in paragraph (1), by inserting ``or investigating,
prosecuting, or seeking civil remedies for workplace claims
described in section 101(a)(15)(U)(iv)'' after ``section
101(a)(15)(U)(iii)'' each place such term appears;
(2) in paragraph (2)(A), by striking ``10,000'' and
inserting ``30,000''; and
(3) in paragraph (6)--
(A) by inserting ``or workplace claims described in
section 101(a)(15)(U)(iv)'' after ``described in
section 101(a)(15)(U)(iii)''; and
(B) by inserting ``or workplace claim'' after
``prosecution of such criminal activity''.
(d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1)
of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended
by inserting ``or an investigation or prosecution regarding a workplace
claim'' after ``prosecution''.
(e) Change of Nonimmigrant Classification.--Section 384(a)(1) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(a)(1)) is amended--
(1) in subparagraph (E), by striking ``physical or mental
abuse and the criminal activity'' and inserting ``abuse and the
criminal activity or workplace claim'';
(2) in subparagraph (F), by adding ``or'' at the end; and
(3) by inserting after subparagraph (F) the following:
``(G) the alien's employer,''.
SEC. 3. LABOR ENFORCEMENT ACTIONS.
(a) Removal Proceedings.--Section 239(e) of the Immigration and
Nationality Act (8 U.S.C. 1229(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``In cases where'' and inserting
``If''; and
(B) by inserting ``or as a result of information
provided to the Department of Homeland Security in
retaliation against individuals for exercising or
attempting to exercise their employment rights or other
legal rights'' after ``paragraph (2)''; and
(2) in paragraph (2), by adding at the end the following:
``(C) At a facility about which a workplace claim
has been filed or is contemporaneously filed.''.
(b) Unlawful Employment of Aliens.--Section 274A(e) of the
Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by
adding at the end the following:
``(10) Conduct in enforcement actions.--
``(A) Enforcement action.--If the Department of
Homeland Security undertakes an enforcement action at a
facility about which a workplace claim has been filed
or is contemporaneously filed, or as a result of
information provided to the Department in retaliation
against employees for exercising their rights related
to a workplace claim, the Department shall ensure
that--
``(i) any aliens arrested or detained who
are necessary for the investigation or
prosecution of workplace claim violations or
criminal activity (as described in subparagraph
(T) or (U) of section 101(a)(15)) are not
removed from the United States until after the
Department--
``(I) notifies the appropriate law
enforcement agency with jurisdiction
over such violations or criminal
activity; and
``(II) provides such agency with
the opportunity to interview such
aliens; and
``(ii) no aliens entitled to a stay of
removal or abeyance of removal proceedings
under this section are removed.
``(B) Protections for victims of crime, labor, and
employment violations.--
``(i) Stay of removal or abeyance of
removal proceedings.--An alien against whom
removal proceedings have been initiated under
chapter 4 of title II, who has filed a
workplace claim, who is a material witness in
any pending or anticipated proceeding involving
a bona fide workplace claim, or who has filed
for relief under section 101(a)(15)(U), shall
be entitled to a stay of removal or an abeyance
of removal proceedings and to employment
authorization until the resolution of the
workplace claim or the denial of relief under
section 101(a)(15)(U) after exhaustion of
administrative appeals, whichever is later,
unless the Department establishes, by a
preponderance of the evidence in proceedings
before the immigration judge presiding over
that alien's removal hearing, that--
``(I) the alien has been convicted
of a felony; or
``(II) the workplace claim was
filed in bad faith with the intent to
delay or avoid the alien's removal.
``(ii) Duration.--Any stay of removal or
abeyance of removal proceedings and employment
authorization issued pursuant to clause (i)
shall remain valid until the resolution of the
workplace claim or the denial of relief under
section 101(a)(15)(U) after the exhaustion of
administrative appeals, and shall be extended
by the Secretary of Homeland Security for a
period of not longer than 3 additional years
upon determining that--
``(I) such relief would enable the
alien asserting a workplace claim to
pursue the claim to resolution;
``(II) the deterrent goals of any
statute underlying a workplace claim
would be served; or
``(III) such extension would
otherwise further the interests of
justice.
``(iii) Definitions.--In this paragraph:
``(I) Material witness.--
Notwithstanding any other provision of
law, the term `material witness' means
an individual who presents a
declaration from an attorney
investigating, prosecuting, or
defending the workplace claim or from
the presiding officer overseeing the
workplace claim attesting that, to the
best of the declarant's knowledge and
belief, reasonable cause exists to
believe that the testimony of the
individual will be relevant to the
outcome of the workplace claim.
``(II) Workplace claim.--The term
`workplace claim' means any written or
oral claim, charge, complaint, or
grievance filed with, communicated to,
or submitted to the employer, a
Federal, State, or local agency or
court, or an employee representative
related to the violation of applicable
Federal, State, and local labor laws,
including laws concerning wages and
hours, labor relations, family and
medical leave, occupational health and
safety, civil rights, or
nondiscrimination.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act. | Protect Our Workers from Exploitation and Retaliation Act or the POWER Act This bill amends the Immigration and Nationality Act to exclude from the definition of "immigrant" a nonimmigrant alien who files a petition for U visa status (set aside for victims of crimes and their immediate family members) if the Department of Homeland Security (DHS) determines that the alien: has suffered abuse or harm as a result of having been a victim of criminal activity; has suffered substantial abuse or harm related to specified labor or employment violations related to a workplace claim (workplace violation); is a victim of specified criminal activity and would suffer extreme hardship upon removal; has suffered a workplace violation and would suffer extreme hardship upon removal; has been helpful in a workplace violation investigation; or has filed, is a material witness in, or is likely to be helpful in the investigation of, a workplace claim and reasonably fears or has been the victim of an action involving force, physical restraint, retaliation, or abuse of the immigration or other legal process by the employer. DHS may permit an alien to remain and work temporarily in the United States if the alien: (1) has filed for relief as a victim of crime or of violations of labor or employment laws or regulations; (2) has filed, or is a material witness to, a workplace claim; and (3) has been helpful in a federal, state, or local law enforcement action related to the claim. The bill sets forth workplace claim procedural requirements and protections in an enforcement action leading to a removal proceeding. The bill establishes exceptions to a stay of removal or other specified relief where DHS establishes that: (1) the alien has been convicted of a felony, or (2) a workplace claim was filed in bad faith with intent to delay or avoid the alien's removal. | POWER Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Retirement Advice
Protection Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide that advisors who--
(1) provide advice that is impermissible under the
prohibited transaction provisions under section 406 of the
Employee Retirement Income Security Act of 1974, or
(2) breach the best interest standard for the provision of
investment advice,
are subject to liability under the Employee Retirement Income Security
Act of 1974.
SEC. 3. RULES RELATING TO THE PROVISION OF INVESTMENT ADVICE.
(a) In General.--
(1) Definition of investment advice.--Section 3(21) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(21)) is amended by adding at the end the following:
``(C)(i) For purposes of clause (ii) of subparagraph (A), the term
`investment advice' means a recommendation that--
``(I) relates to--
``(aa) the advisability of acquiring, holding,
disposing, or exchanging any moneys or other property
of a plan by the plan, plan participants, or plan
beneficiaries, including any recommendation whether to
take a distribution of benefits from such plan or any
recommendation relating to the investment of any moneys
or other property of such plan to be rolled over or
otherwise distributed from such plan;
``(bb) the management of moneys or other property
of such plan, including recommendations relating to the
management of moneys or other property to be rolled
over or otherwise distributed from such plan; or
``(cc) the advisability of retaining or ceasing to
retain a person who would receive a fee or other
compensation for providing any of the types of advice
described in this subclause; and
``(II) is rendered pursuant to--
``(aa) a written acknowledgment of the obligation
of the advisor to comply with section 404 with respect
to the provision of such recommendation; or
``(bb) a mutual agreement, arrangement, or
understanding, which may include limitations on scope,
timing, and responsibility to provide ongoing
monitoring or advice services, between the person
making such recommendation and the plan that such
recommendation is individualized to the plan and such
plan intends to materially rely on such recommendation
in making investment or management decisions with
respect to any moneys or other property of such plan.
``(ii) For purposes of clause (i)(II)(bb), any disclaimer of a
mutual agreement, arrangement, or understanding shall only state the
following: `This information is not individualized to you, and there is
no intent for you to materially rely on this information in making
investment or management decisions.'. Such disclaimer shall not be
effective unless such disclaimer is in writing and is communicated in a
clear and prominent manner and an objective person would reasonably
conclude that, based on all the facts and circumstances, there was not
a mutual agreement, arrangement, or understanding described in clause
(i)(II)(bb).
``(iii) For purposes of clause (i)(II)(bb), information shall not
be considered to be a recommendation made pursuant to a mutual
agreement, arrangement, or understanding if such information contains
the disclaimer required by clause (ii) and--
``(I) it is provided in conjunction with full and fair
disclosure in writing to a plan, plan participant, or
beneficiary that the person providing the information is doing
so in its marketing or sales capacity, including any
information regarding the terms and conditions of the
engagement of the person providing the information, and that
the person is not intending to provide investment advice within
the meaning of this subparagraph or to otherwise act within and
under the obligations of the best interest standard as
described in this subparagraph;
``(II) the person providing the information is a
counterparty or service provider to the plan in connection with
any transaction based on the information (including a service
arrangement, sale, purchase, loan, bilateral contract, swap (as
defined in section 1a of the Commodity Exchange Act (7 U.S.C.
1a)), or security-based swap (as defined in section 3(a) of the
Securities Exchange Act (15 U.S.C. 78c(a)))), but only if--
``(aa) the plan is represented, in connection with
such transaction, by a plan fiduciary who is
independent of the person providing the information,
and, except in the case of a swap or security-based
swap, independent of the plan sponsor; and
``(bb) prior to such transaction, the independent
plan fiduciary represents in writing to the person
providing the information that it is aware that the
person has a financial interest in the transaction and
that it has determined that the person is not intending
to provide investment advice within the meaning of this
subparagraph or to otherwise act as a fiduciary to the
plan subject to section 404;
``(III) the person providing the information is an employee
of any sponsoring employer or employee organization who
provides the information to the plan for no fee or other
compensation other than the employee's normal compensation;
``(IV) the person providing the information discloses in
writing to the plan fiduciary that the person is not
undertaking to provide investment advice as a fiduciary to the
plan subject to section 404 and the information consists solely
of--
``(aa) making available to the plan, without regard
to the individualized needs of the plan, securities or
other property through a platform or similar mechanism
from which a plan fiduciary may select or monitor
investment alternatives, including qualified default
investment alternatives, into which plan participants
or beneficiaries may direct the investment of assets
held in, or contributed to, their individual accounts;
or
``(bb) in connection with a platform or similar
mechanism described in item (aa)--
``(AA) identifying investment alternatives
that meet objective criteria specified by the
plan, such as criteria concerning expense
ratios, fund sizes, types of asset, or credit
quality; or
``(BB) providing objective financial data
and comparisons with independent benchmarks to
the plan;
``(V) the information consists solely of valuation
information; or
``(VI) the information consists solely of--
``(aa) information described in Department of Labor
Interpretive Bulletin 96-1 (29 C.F.R. 2509.96-1, as in
effect on January 1, 2015), regardless of whether such
education is provided to a plan or plan fiduciary or a
participant or beneficiary;
``(bb) information provided to participants or
beneficiaries regarding the factors to consider in
deciding whether to elect to receive a distribution
from a plan or an individual retirement plan (as
defined in section 7701(a)(37) of the Internal Revenue
Code of 1986) and whether to roll over such
distribution to a plan or an individual retirement plan
(as defined in section 7701(a)(37) of the Internal
Revenue Code of 1986), so long as any examples of
different distribution and rollover alternatives are
accompanied by all material facts and assumptions on
which the examples are based; or
``(cc) any additional information treated as
education by the Secretary.''.
(2) Exemption relating to investment advice.--Section
408(b) of the Employee Retirement Income Security Act of 1974
is amended by adding at the end the following:
``(21)(A) Any transaction, including a contract for
service, between a person providing investment advice described
in section 3(21)(A)(ii) and the advice recipient in connection
with such investment advice, and any transaction consisting of
the provision of such investment advice, if the following
conditions are satisfied:
``(i) No more than reasonable compensation is paid
(as determined under section 408(b)(2)) for such
investment advice.
``(ii) If the investment advice is based on a
limited range of investment options (which may consist,
in whole or in part, of proprietary products), such
limitations, including a clearly stated notice that the
same or similar investments may be available at a
different cost (greater or lesser) from other sources,
shall be clearly disclosed to the advice recipient
prior to any transaction based on the investment
advice. The notice shall only state the following: `The
same or similar investments may be available at a
different cost (greater or lesser) from other
sources.'.
``(iii) If the investment advice may result in
variable compensation to the person providing the
investment advice (or any affiliate of such person),
the receipt of such compensation, including a clearly
stated notice that the same or similar investments may
be available at a different cost (greater or lesser)
from other sources, shall be clearly disclosed to the
advice recipient. The notice shall only state the
following: `The same or similar investments may be
available at a different cost (greater or lesser) from
other sources.'. For purposes of this subparagraph,
clear disclosure of variable compensation means
notification prior to any transaction based on the
recommendation, in a manner calculated to be understood
by the average individual, of the following:
``(I) A notice that the person providing
the recommendation (or its affiliate) may
receive varying amounts of fees or other
compensation with respect to such transaction.
``(II) A description of any fee or other
compensation that is directly payable to the
person (or its affiliate) from the advice
recipient with respect to such transaction
(expressed as an amount, formula, percentage of
assets, per capita charge, or estimate or range
of such compensation).
``(III) A description of the types and
ranges of any indirect compensation that may be
paid to the person (or its affiliate) by any
third party in connection with such transaction
(expressed as an amount, formula, percentage of
assets, per capita charge, or estimate of such
ranges of compensation).
``(IV) Upon request of the advice
recipient, a disclosure of the specific amounts
of compensation described in clause (iii) that
the person will receive in connection with the
particular transaction (expressed as an amount,
formula, percentage of assets, per capita
charge, or estimate of such compensation).
``(B) No recommendation will fail to satisfy the conditions
described in clauses (i) through (iii) of subparagraph (A)
solely because the person, acting in good faith and with
reasonable diligence, makes an error or omission in disclosing
the information specified in such clauses, provided that the
person discloses the correct information to the advice
recipient as soon as practicable, but not later than 30 days
from the date on which the person knows of such error or
omission.
``(C) For purposes of this paragraph, the term `affiliate'
has the meaning given in subsection (g)(11)(B).''.
(b) Effective Date.--
(1) Modification of certain rules, and rules and
administrative positions promulgated before enactment but not
effective on january 1, 2015, prohibited.--The Department of
Labor is prohibited from amending any rules or administrative
positions promulgated under, or applicable for purposes of,
section 3(21) of the Employee Retirement Income Security Act of
1974 (including Department of Labor Interpretive Bulletin 96-1
(29 C.F.R. 2509.96-1) and Department of Labor Advisory Opinion
2005-23A), and no such rule or administrative position
promulgated by the Department of Labor prior to the date of the
enactment of this Act but not effective on January 1, 2015, may
become effective unless a bill or joint resolution referred to
in paragraph (3) is enacted as described in such paragraph not
later than 60 days after the date of the enactment of this Act.
(2) General effective date of amendments.--Except as
provided in paragraph (3), the amendments made by subsection
(a) shall take effect on the 61st day after the date of the
enactment of this Act and shall apply with respect to
information provided or recommendations made on or after 2
years after the date of the enactment of this Act.
(3) Exception.--If a bill or joint resolution is enacted
prior to the 61st day after the date of the enactment of this
Act that specifically approves any rules or administrative
positions promulgated under, or applicable for purposes of,
section 3(21) of the Employee Retirement Income Security Act of
1974 that is not in effect on January 1, 2015, the amendments
made by subsection (a) shall not take effect.
(c) Grandfathered Transactions and Services.--The amendments made
by subsection (a) shall not apply to any service or transaction
rendered, entered into, or for which a person has been compensated
prior to the date on which the amendments made by subsection (a) become
effective under subsection (b)(2).
(d) Transition.--If the amendments made by subsection (a) take
effect, then nothing in this section shall be construed to prohibit the
issuance of guidance to carry out such amendments so long as such
guidance is necessary to implement such amendments. Until such time as
regulations or other guidance are issued to carry out such amendments,
a plan and a fiduciary shall be treated as meeting the requirements of
such amendments if the plan or fiduciary, as the case may be, makes a
good faith effort to comply with such requirements. | Affordable Retirement Advice Protection Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to define "investment advice," as it relates to fiduciary duties under such Act, as a recommendation that relates to: (1) the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a pension plan (or Individual Retirement Account) by the plan, plan participants, or plan beneficiaries, including any recommendation regarding whether to take a distribution of benefits from the plan or any recommendation relating to a rollover or distribution from such plan; (2) the management of moneys or other property of the plan, including recommendations relating to the management of plan assets to be rolled over or otherwise distributed from the plan; or (3) the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing investment advice. Investment advice must be rendered pursuant to either: (1) a written acknowledgment of the obligation of the investment advisor to act in accordance with fiduciary standards under ERISA; or (2) a mutual agreement, arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services. The bill allows an exemption from ERISA prohibited transactions rules for investment advice: (1) for which no more than reasonable compensation is paid; or (2) that is based on a limited range of investment options or may result in variable income to the investment advisor if a clearly-stated notice is provided to the advice recipient that the same or similar investments may be available at a greater or lesser cost from other sources. The bill prohibits the Department of Labor from amending any rules or administrative positions regarding investment advice promulgated under ERISA and no such rules or administrative positions promulgated prior to the enactment date of this Act, but not effective on January 1, 2015, may become effective unless a bill or joint resolution specifically approving such rules or positions is enacted not later than 60 days after the enactment of this Act. | Affordable Retirement Advice Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Oceanic and Atmospheric
Administration Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Function.--The term ``function'' includes any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(3) Office.--The term ``office'' includes any office,
institute, council, unit, organizational entity, or component
thereof.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Oceans and Atmosphere
appointed under section 102.
SEC. 3. ORGANIZATION OF ADMINISTRATION.
(a) In General.--There shall be in the Department of Commerce an
agency known as the National Oceanic and Atmospheric Administration.
(b) Primary Missions.--The primary missions of the Administration
are the following:
(1) The provision and certification of hydrographic and
geodetic products and data.
(2) The conservation and management of the Nation's coastal
and marine resources.
(3) The exploration of the oceans and the Great Lakes.
(4) To further human understanding of--
(A) the oceans and the Great Lakes;
(B) the earth's atmosphere; and
(C) the functional relationship of the oceans and
the atmosphere.
(5) Forecasting the Nation's weather and climate.
(c) Components.--The Secretary shall maintain within the
Administration the following components:
(1) The National Coast and Ocean Service.
(2) The National Oceanic and Atmospheric Research Service.
(3) The National Marine Fisheries Service.
(4) The National Weather Service.
(5) The National Environmental Satellite and Data
Information Service.
(6) The Office of Marine and Aviation Operations.
(7) Such other components as the Secretary considers
necessary.
(d) Functions.--The Administration shall perform such functions as
were vested in the Administration or any officer, employee, or office
of the Administration immediately before the enactment of this Act,
except as may be provided otherwise by law or by a redelegation of
authority after that date by the President, the Secretary of Commerce,
or any other officer of the United States who delegated such function
to the Administration before that date or who is otherwise authorized
to make such a redelegation.
SEC. 4. UNDER SECRETARY FOR OCEANS AND ATMOSPHERE.
(a) In General.--There shall be at the head of the Administration
the Under Secretary of Commerce for Oceans and Atmosphere. The Under
Secretary shall be appointed by the President, by and with the advice
and consent of the Senate. The Under Secretary shall be paid at the
rate of basic pay for level III of the Executive Schedule.
(b) Functions.--Subject to the authority, direction, and control of
the Secretary, the Under Secretary shall perform such functions and
exercise such powers with respect to the Administration as the
Secretary may prescribe, including the following:
(1) Serve as the Administrator of the National Oceanic and
Atmospheric Administration.
(2) General management.
(3) Policy development and guidance.
(4) Budget formulation, guidance, and execution, and other
financial matters.
(5) Resource requirements determination and allocation.
(6) Program management and direction.
(7) Environment, safety, and health operations.
(8) Administration of contracts, real property, and
facilities.
(9) Personnel, including the selection, appointment,
distribution, supervision, compensation, and separation of
personnel.
(10) Procurement of services of experts and consultants in
accordance with section 3109 of title 5, United States Code.
(11) External affairs, including legal, legislative, and
public affairs, and serving as liaison with other elements of
the Department of Commerce and with other Federal agencies,
State, tribal, and local governments, and the public.
SEC. 5. ASSISTANT SECRETARY FOR OCEANS AND ATMOSPHERE.
(a) In General.--There shall be in the Administration an Assistant
Secretary of Commerce for Oceans and Atmosphere. The Assistant
Secretary shall be appointed by the President, by and with the advice
and consent of the Senate. The Assistant Secretary shall be paid at the
rate of basic pay for level IV of the Executive Schedule.
(b) Functions.--The Assistant Secretary--
(1) shall perform such functions and exercise such powers
as the Secretary or Under Secretary may prescribe; and
(2) shall act as Under Secretary during the absence or
disability of the Under Secretary or in the event of a vacancy
in the office of Under Secretary.
SEC. 6. DEPUTY UNDER SECRETARY.
(a) In General.--There shall be in the Administration a Deputy
Under Secretary for Oceans and Atmosphere. The Deputy Under Secretary
shall be appointed by the Secretary. The position of Deputy Under
Secretary shall be a Senior Executive Service general position as
defined in section 3132(a)(9) of title 5, United States Code, (for
purposes of subchapter II of chapter 31 of title 5, United States
Code).
(b) Functions.--Subject to the authority, direction, and control of
the Secretary and the Under Secretary, the Deputy Under Secretary--
(1) shall serve as an advisor to the Under Secretary and to
the Assistant Secretary on all program and policy issues;
(2) shall be responsible for ensuring the timely and
effective implementation of the Administration policies and
objectives; and
(3) in the absence or disability of the Under Secretary or
Assistant Secretary, or in the event of a vacancy in either
such position, shall act in that position.
SEC. 7. GENERAL COUNSEL.
(a) In General.--There shall be in the Administration a General
Counsel. The General Counsel shall be appointed by the Secretary. The
position of General Counsel shall be a Senior Executive Service general
position as defined in section 3132(a)(9) of title 5, United States
Code, (for purposes of subchapter II of chapter 31 of title 5, United
States Code).
(b) Functions.--Subject to the authority, direction, and control of
the Secretary and the Under Secretary, the General Counsel--
(1) shall serve as the chief legal officer of the
Administration for all legal matters that arise in connection
with the conduct of the functions of the Administration; and
(2) shall perform such other functions and exercise such
powers as the Secretary or Under Secretary may prescribe.
SEC. 8. ASSISTANT ADMINISTRATORS.
(a) In General.--There shall be in the Administration the
following:
(1) An Assistant Administrator for Coastal and Ocean
Services.
(2) An Assistant Administrator for Oceanic and Atmospheric
Research.
(3) An Assistant Administrator for Fisheries.
(4) An Assistant Administrator for Weather.
(5) An Assistant Administrator for Environmental Satellite
Data and Information.
(6) An Assistant Administrator for Program Planning and
Integration.
(7) A Director of Marine and Aviation Operations and the
Commissioned Officer Corps.
(b) Appointment.--Each Assistant Administrator and the Director
referred to in subsection (a) shall be appointed by the Secretary. Each
Assistant Administrator position shall be a Senior Executive Service
general position as defined in section 3132(a)(9) of title 5, United
States Code (for purposes of subchapter II of chapter 31 of title 5,
United States Code).
(c) Qualifications.--Each Assistant Administrator and the Director
referred to in subsection (a) shall be an individual who is qualified
by reason of background and experience to direct the implementation and
administration of the functions for which they are responsible.
(d) Functions.--Each Assistant Administrator and the Director
referred to in subsection (a), under the authority, direction, and
control of the Under Secretary, shall perform such functions and
exercise such powers as the Under Secretary may prescribe.
SEC. 9. CONTINUATION OF SERVICE.
Any individual serving on the date of the enactment of this Act in
a position provided for in this Act may continue to serve in that
position until a successor is appointed under this Act.
SEC. 10. SCIENCE ADVISORY BOARD.
(a) In General.--There shall be in the Administration a Science
Advisory Board, which shall report to the Under Secretary.
(b) Purpose.--The purpose of the Science Advisory Board is to
advise the Under Secretary on long-range and short-range strategies for
research, education, and application of science to resource management
and environmental assessment and prediction.
(c) Members.--
(1) In general.--The Science Advisory Board shall consist
of members appointed by the Under Secretary to assure a
balanced representation among preeminent scientists, engineers,
educators, industry, and science policy experts reflecting the
full breadth of the Administration's areas of responsibility.
(2) Criteria for selection.--The Under Secretary shall
develop and apply standard criteria for the selection of
members of the Science Advisory Board. -
(3) Terms.--(A) Members of the Science Advisory Board shall
be appointed for a 3-year term, may be reappointed once, and
shall serve at the discretion of the Under Secretary.
(B) An individual serving a term as a member of the Science
Advisory Board on the date of enactment of this section may
complete that term, and may be reappointed once for another
term of 3 years.
(4) Compensation and expenses.--A member of the Science
Advisory Board shall not be compensated for service on such
board, but upon request by the member may be allowed travel
expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5, United
States Code.
(5) Ethical standards.--Members of the Science Advisory
Board shall be subject to the ethical standards applicable to
special Government employees.
(d) Chairperson.--The Under Secretary shall designate one of the
members of the Science Advisory Board as the Chairperson of such board.
(e) Meetings.--The Science Advisory Board shall meet at least twice
each year, and at other times at the call of the Under Secretary or the
Chairperson.
(f) Administrative Support.--The Under Secretary shall provide
administrative support to the Science Advisory Board.
SEC. 11. GENERAL AUTHORITIES.
(a) Grants, Contracts, and Cooperative Agreements.--In carrying out
the programs and activities authorized for the Administration, the
Secretary--
(1) may enter into grants, contracts, or cooperative
agreements with Federal agencies, States, local governments,
regional agencies, interstate agencies, or other persons; and
(2) through the Administration, may apply for, accept, and
use grants or funds from such entities.
(b) Resource Sharing Agreements.--The Secretary, in carrying out
the functions of the Administration, and under terms and conditions
established by the Secretary--
(1) may enter into resource sharing agreements with States,
local governments, or Federal agencies to accept or provide for
funds and the use of personnel, services, equipment, or
facilities on a reimbursable, nonreimbursable, or shared basis;
and
(2) may enter into resource sharing agreements with other
Federal agencies to accept, or provide, personnel, services,
equipment, facilities, or funds, or participate in interagency
financing with other Federal agencies, to the extent necessary
to fulfill the objectives of programs or activities of the
Administration.
(c) Joint and Cooperative Institutes.--The Secretary may establish,
by cooperative agreement, joint or cooperative institutes with
qualified colleges, universities, and nonprofit research organizations
for the purpose of collaborating on mutually agreed-upon, long-term
research programs in the areas of oceanography, coastal ocean observing
technology, climate change, atmosphere, meteorology, marine, coastal
and estuarine environmental technology, fisheries, hydrography, and
marine spill response. The Secretary shall design such research
programs to support the authorized functions of the Administration. The
Secretary may accept or provide facilities, personnel, equipment, other
property, knowledge, and other scientific research resources and funds
on a reimbursable or nonreimbursable basis, as determined by the
Secretary, for such institutes.
SEC. 12. PROGRAM SUPPORT.
(a) Corporate Services.--There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to provide corporate services (including
management, administrative support, and policy development) that
support its program activities, $95,000,000 for each of fiscal years
2004 through 2008.
(b) Marine Operations and Maintenance.--There are authorized to be
appropriated to the Secretary of Commerce, to enable the National
Oceanic and Atmospheric Administration to carry out marine services
activities (including ship operations, maintenance, support and
planning) under the Act of 1947 and any other law involving those
activities, $90,000,000 for each of fiscal years 2004 through 2008.
(c) Facilities.--In addition to amounts authorized under section 3
of Public Law 104-91, there are authorized to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to carry out activities related to maintenance, repair, safety,
environmental compliance, and project planning and execution of
facilities, $20,000,000 for each of fiscal years 2004 through 2008.
SEC. 13. NOAA FLEET REPLACEMENT AND MODERNIZATION.
(a) In General.--Section 603 of the NOAA Fleet Modernization Act
(33 U.S.C. 891a) is amended to read as follows:
``SEC. 603. FLEET REPLACEMENT AND MODERNIZATION PROGRAM.
``(a) In General.--The Secretary may implement a program to replace
and modernize the NOAA fleet in accordance with a plan submitted in
accordance with section 604.
``(b) NOAA Vessel Construction.--
``(1) Prohibition on foreign construction.--Except as
provided in paragraph (2), no NOAA vessel, and no major
component of the hull or superstructure of a NOAA vessel, may
be constructed in a foreign shipyard.
``(2) Exceptions.--The President may authorize an exception
to the prohibition in paragraph (1) if the President determines
that it is in the national security interest of the United
States to do so. The President shall transmit notice to the
Congress of any such determination. No contract may be made
pursuant to such an exception until the end of the 30-day
period beginning on the date the notice of such determination
is received by the Congress.''.
(b) Fleet Modernization Plan.--Section 604 of the NOAA Fleet
Modernization Act (33 U.S.C. 891b) is amended to read as follows:
``SEC. 604. FLEET MODERNIZATION PLAN.
``(a) In General.--No later than 30 days after the date of the
enactment of the National Oceanic and Atmospheric Administration Act of
2003, the Secretary shall submit to the Committee on Resources and the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a modernization
plan for the NOAA fleet covering fiscal years 2004 through 2008.
``(b) Plan Elements.--The Plan required under subsection (a) shall
include the following:
``(1) The number of vessels proposed to be modernized or
replaced, the schedule for their modernization or replacement,
and anticipated funding requirements for such modernization and
replacement.
``(2) The number of vessels proposed to be constructed,
leased, or chartered.
``(3) The number of vessels, or days at sea, that can be
obtained by using the vessels of the UNOLS.
``(4) The number of vessels that will be made available to
NOAA by the Secretary of the Navy, or any other Federal
official, and the terms and conditions for their availability.
``(5) The proposed acquisition of modern scientific
instrumentation for the NOAA fleet, including--
``(A) acoustic systems;
``(B) data transmission positioning and
communications systems;
``(C) physical, chemical, and meteorological
oceanographic systems; and
``(D) data acquisition and processing systems.''.
(c) Use of UNOLS Vessels.--Section 605 of the NOAA Fleet
Modernization Act (33 U.S.C. 891c) is amended to read as follows:
``SEC. 605. USE OF VESSELS.
``In carrying out the primary missions of NOAA under section 3(b)
of the National Oceanic and Atmospheric Administration Act of 2003, the
Secretary--
``(1) shall use excess capacity of UNOLS vessels where
appropriate; and
``(2) may enter into memoranda of agreement with the
operators of those vessels to carry out the requirement under
paragraph (1).''.
(d) Repeals.--Sections 607, 608, 609 and 610 of the NOAA Fleet
Modernization Act (33 U.S.C. 891e-891h) are repealed.
SEC. 14. CONFORMING AMENDMENTS AND REPEALS.
(a) Pay Rate of Deputy Under Secretary.--Section 5315 of title 5,
United States Code, is amended by adding at the end the following:
``Deputy Under Secretary of Commerce for Oceans and
Atmosphere.''.
(b) Reorganization Plan Number 4 of 1970.--
(1) Repeal.--Reorganization Plan Number 4 of 1970 (5 App.
U.S.C.) is repealed.
(2) Relationship to administration functions.--Subparagraph
(A) shall not affect the functions of the Administration under
section 3(d) of this Act.
(3) Notice of reprogramming.--Section 403 of Public Law
102-567 (106 Stat. 4291) is amended by striking ``$250,000 or
5'' and inserting ``$500,000 or 10''. | National Oceanic and Atmospheric Administration Act of 2003 - Re-establishes the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce, headed by the Under Secretary of Commerce for Oceans and Atmosphere who will serve as the Administrator of NOAA.Establishes within NOAA: (1) the National Coast (sic) and Ocean Service; (2) the National Oceanic and Atmospheric Research Service; (3) the National Marine Fisheries Service; (4) the National Weather Service; (5) the National Environmental Satellite and Data Information Service; (6) the Office of Marine and Aviation Operations; and (7) such other components as the Secretary considers necessary.Establishes within NOAA the positions of: (1) Assistant Secretary of Commerce for Oceans and Atmosphere; (2) Deputy Under Secretary for Oceans and Atmosphere; (3) General Counsel; and (4) Assistant Administrators for the Services and a Director of Marine and Aviation Operations and the Commissioned Officer Corps.Establishes within NOAA a Science Advisory Board.Authorizes the Secretary to: (1) enter into grants, contracts, or cooperative agreements with agencies, States, local governments, or other persons and apply for, accept, and use grants or funds from such entities; (2) enter into resource sharing agreements with States, local governments, or Federal agencies; and (3) establish joint or cooperative institutes with qualified entities.Amends the NOAA Fleet Modernization Act to authorize the Secretary to implement a program to replace and modernize the NOAA fleet. Requires the Secretary to submit to Congress a modernization plan for the NOAA fleet covering FY 2004 through 2008. | To improve the conservation and management of coastal and ocean resources by reenacting and clarifying provisions of a reorganization plan authorizing the National Oceanic and Atmospheric Administration. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Capacity for Health
Outcomes Act'' or the ``ECHO Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Health professional shortage area.--The term ``health
professional shortage area'' means a health professional shortage
area designated under section 332 of the Public Health Service Act
(42 U.S.C. 254e).
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(3) Medically underserved area.--The term ``medically
underserved area'' has the meaning given the term ``medically
underserved community'' in section 799B of the Public Health
Service Act (42 U.S.C. 295p).
(4) Medically underserved population.--The term ``medically
underserved population'' has the meaning given the term in section
330(b) of the Public Health Service Act (42 U.S.C. 254b(b)).
(5) Native americans.--The term ``Native Americans'' has the
meaning given the term in section 736 of the Public Health Service
Act (42 U.S.C. 293) and includes Indian tribes and tribal
organizations.
(6) Secretary.--The term ``Secretary'' means the Secretary of
Health and Human Services.
(7) Technology-enabled collaborative learning and capacity
building model.--The term ``technology-enabled collaborative
learning and capacity building model'' means a distance health
education model that connects specialists with multiple other
health care professionals through simultaneous interactive
videoconferencing for the purpose of facilitating case-based
learning, disseminating best practices, and evaluating outcomes.
(8) Tribal organization.--The term ``tribal organization'' has
the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
SEC. 3. EXAMINATION AND REPORT ON TECHNOLOGY-ENABLED COLLABORATIVE
LEARNING AND CAPACITY BUILDING MODELS.
(a) Examination.--
(1) In general.--The Secretary shall examine technology-enabled
collaborative learning and capacity building models and their
impact on--
(A) addressing mental and substance use disorders, chronic
diseases and conditions, prenatal and maternal health,
pediatric care, pain management, and palliative care;
(B) addressing health care workforce issues, such as
specialty care shortages and primary care workforce
recruitment, retention, and support for lifelong learning;
(C) the implementation of public health programs, including
those related to disease prevention, infectious disease
outbreaks, and public health surveillance;
(D) the delivery of health care services in rural areas,
frontier areas, health professional shortage areas, and
medically underserved areas, and to medically underserved
populations and Native Americans; and
(E) addressing other issues the Secretary determines
appropriate.
(2) Consultation.--In the examination required under paragraph
(1), the Secretary shall consult public and private stakeholders
with expertise in using technology-enabled collaborative learning
and capacity building models in health care settings.
(b) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the Committee
on Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives,
and post on the appropriate website of the Department of Health and
Human Services, a report based on the examination under subsection
(a).
(2) Contents.--The report required under paragraph (1) shall
include findings from the examination under subsection (a) and each
of the following:
(A) An analysis of--
(i) the use and integration of technology-enabled
collaborative learning and capacity building models by
health care providers;
(ii) the impact of such models on health care provider
retention, including in health professional shortage areas
in the States and communities in which such models have
been adopted;
(iii) the impact of such models on the quality of, and
access to, care for patients in the States and communities
in which such models have been adopted;
(iv) the barriers faced by health care providers,
States, and communities in adopting such models;
(v) the impact of such models on the ability of local
health care providers and specialists to practice to the
full extent of their education, training, and licensure,
including the effects on patient wait times for specialty
care; and
(vi) efficient and effective practices used by States
and communities that have adopted such models, including
potential cost-effectiveness of such models.
(B) A list of such models that have been funded by the
Secretary in the 5 years immediately preceding such report,
including the Federal programs that have provided funding for
such models.
(C) Recommendations to reduce barriers for using and
integrating such models, and opportunities to improve adoption
of, and support for, such models as appropriate.
(D) Opportunities for increased adoption of such models
into programs of the Department of Health and Human Services
that are in existence as of the report.
(E) Recommendations regarding the role of such models in
continuing medical education and lifelong learning, including
the role of academic medical centers, provider organizations,
and community providers in such education and lifelong
learning.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on November 29, 2016. Expanding Capacity for Health Outcomes Act or the ECHO Act (Sec. 3) This bill requires the Department of Health and Human Services (HHS) to report on technology-enabled collaborative learning and capacity building models, which connect specialists to primary care providers through videoconferencing to facilitate case-based learning, dissemination of best practices, and evaluation of outcomes. The report must include: (1) an analysis of the use, integration, and impact of such models; (2) a list of such models recently funded by HHS; (3) recommendations to reduce barriers to adoption of such models; (4) opportunities for adoption of such models into HHS programs; and (5) recommendations regarding the role of such models in continuing medical education. | ECHO Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thomas Alva Edison Sesquicentennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Thomas Alva Edison, one of America's greatest
inventors, was born on February 11, 1847, in Milan, Ohio;
(2) the inexhaustible energy and genius of Thomas A. Edison
produced more than 1,300 inventions in his lifetime, including
the incandescent light bulb and the phonograph;
(3) in 1928, Thomas A. Edison received the Congressional
gold medal ``for development and application of inventions that
have revolutionized civilization in the last century''; and
(4) 1997 will mark the sesquicentennial of the birth of
Thomas A. Edison.
TITLE I--COMMEMORATIVE COINS
SEC. 101. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the sesquicentennial of the
birth of Thomas A. Edison, the Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue--
(1) not more than 350,000 $1 coins, each of 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; and
(2) not more than 350,000 half dollar coins, each of which
shall--
(A) weigh 12.50 grams;
(B) have a diameter of 1.205 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this title shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this title shall be
considered to be numismatic items.
SEC. 102. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this
title only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 103. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
title shall be emblematic of the many inventions made by Thomas
A. Edison throughout his prolific life.
(2) Designation and inscriptions.--On each coin minted
under this title there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the years ``1847-1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(3) Obverse of coin.--The obverse of each coin minted under
this title shall bear the likeness of Thomas A. Edison.
(b) Design Competition.--Before the end of the 3-month period
beginning on the date of enactment of this Act, the Secretary shall
conduct an open design competition for the design of the obverse and
the reverse of the coins minted under this title.
(c) Selection.--The design for the coins minted under this title
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 104. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this title 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 quality of the coins minted under this
title.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this title beginning on and after the date of enactment of this
Act.
(d) Termination of Minting Authority.--No coins may be minted under
this title after July 31, 1998.
SEC. 105. SALE OF COINS.
(a) Sale Price.--The coins issued under this title 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 title at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this title 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 of coins minted under this title shall
include a surcharge of--
(1) $14 per coin for the $1 coin; and
(2) $7 per coin for the half dollar coin.
SEC. 106. 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 this
title.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this title
from complying with any law relating to equal employment opportunity.
SEC. 107. DISTRIBUTION OF SURCHARGES.
(a) In General.--Subject to section 5134(f) of title 31, United
States Code, the first $7,000,000 of the surcharges received by the
Secretary from the sale of coins issued under this title shall be
promptly paid by the Secretary as follows:
(1) Museum of arts and history.--Up to \1/7\ to the Museum
of Arts and History, in the city of Port Huron, Michigan, for
the endowment and construction of a special museum on the life of
Thomas A. Edison in Port Huron.
(2) Edison birthplace association.--Up to \1/7\ to the
Edison Birthplace Association, Incorporated, in Milan, Ohio, to
assist in the efforts of the association to raise an endowment
as a permanent source of support for the repair and maintenance
of the Thomas A. Edison birthplace, a national historic
landmark.
(3) National park service.--Up to \1/7\ to the National
Park Service, for use in protecting, restoring, and cataloguing
historic documents and objects at the ``invention factory'' of
Thomas A. Edison in West Orange, New Jersey.
(4) Edison plaza museum.--Up to \1/7\ to the Edison Plaza
Museum in Beaumont, Texas, for expanding educational programs
on Thomas A. Edison and for the repair and maintenance of the
museum.
(5) Edison winter home and museum.--Up to \1/7\ to the
Edison Winter Home and Museum in Fort Myers, Florida, for
historic preservation, restoration, and maintenance of the
historic home and chemical laboratory of Thomas A. Edison.
(6) Edison institute.--Up to \1/7\ to the Edison Institute,
otherwise known as ``Greenfield Village'', in Dearborn,
Michigan, for use in maintaining and expanding displays and
educational programs associated with Thomas A. Edison.
(7) Edison memorial tower.--Up to \1/7\ to the Edison
Memorial Tower in Edison, New Jersey, for the preservation,
restoration, and expansion of the tower and museum.
(b) Excess Payable to the National Numismatic Collection.--After
payment of the amounts required under subsection (a), the Secretary
shall pay the remaining surcharges to the National Museum of American
History in Washington, D.C., for the support of the National Numismatic
Collection at the museum.
(c) Audits.--Each organization that receives any payment from the
Secretary under this section shall be subject to the audit requirements
of section 5134(f)(2) of title 31, United States Code.
SEC. 108. 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 title will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this title
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.
TITLE II--CIRCULATING COINS
SEC. 201. AUTHORITY TO REDESIGN HALF DOLLAR CIRCULATING COINS.
Section 5112(d) of title 31, United States Code, is amended by
inserting after the 6th sentence the following: ``At the discretion of
the Secretary, half dollar coins minted after December 31, 1996, and
before July 31, 1998, may bear the same design as the commemorative
coins minted under title I of the Thomas Alva Edison Sesquicentennial
Commemorative Coin Act, as established under section 103 of that
Act.''. | TABLE OF CONTENTS:
Title I: Commemorative Coins
Title II: Circulating Coins
Thomas Alva Edison Sesquicentennial Commemorative Coin Act -
Title I: Commemorative Coins
- Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the inventions of Thomas Alva Edison in commemoration of the sesquicentennial of his birth.
Directs the Secretary to conduct an open design competition for the design of the obverse and reverse of the coins.
Terminates the authority to mint such coins after December 31, 1997. Requires that certain surcharges received from coin sales be distributed to specified entities.
Title II: Circulating Coins
- Amends Federal law to declare that half-dollar coins minted between specified dates shall have the same design as the commemorative coins minted under this Act. | Thomas Alva Edison Sesquicentennial Commemorative Coin Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Andrea Sloan Compassionate Use
Reform and Enhancement Act'' or the ``Andrea Sloan CURE Act''.
SEC. 2. EXPANDED ACCESS POLICY AS CONDITION OF EXPEDITED APPROVAL.
Section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Expanded Access Policy Required for Covered Investigational
Drugs.--
``(1) In general.--With respect to a covered
investigational drug, not later than 30 days after the date on
which the drug meets the definition of a covered
investigational drug (as specified in paragraph (2)), the
sponsor of the covered investigational drug shall submit to the
Secretary, and make publicly available, the policy of the
sponsor with respect to requests submitted under subsection
(b). In the case of such a policy under which the sponsor
accepts such requests, such policy shall include--
``(A) a single point of contact who receives and
processes such requests;
``(B) procedures for making such requests;
``(C) the general criteria for the sponsor's
consideration or approval of such requests; and
``(D) the amount of time the sponsor anticipates
will be necessary to respond to such requests.
``(2) Covered investigational drug.--In this subsection,
the term `covered investigational drug' means a drug that--
``(A) is designated as a breakthrough therapy or as
a fast track product;
``(B) is designated under section 505E(d) as a
qualified infectious disease product; or
``(C) is designated under section 526 as a drug for
a rare disease or condition.''.
SEC. 3. NOTIFICATION OF SUBMITTERS OF EXPANDED ACCESS REQUESTS.
Section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb), as amended by section 2, is further amended--
(1) by redesignating subsections (e) and (f) (as
redesignated by section 2(1)) as subsections (f) and (g),
respectively; and
(2) by inserting after subsection (d) (as inserted by
section 2(2)) the following new subsection:
``(e) Notification of Submitters of Requests.--In the case of the
denial by a manufacturer or distributor of a request under subsection
(b), not later than 5 days after the date of such denial, the
manufacturer or distributor, as applicable, shall submit to the person
(or physician) who made the request written notice of the denial,
including an explanation for the denial.''.
SEC. 4. GAO QUALITATIVE ANALYSIS ON INDIVIDUAL PATIENT ACCESS TO
UNAPPROVED THERAPIES AND DIAGNOSTICS.
Not later than 180 days after the date of the enactment of this Act
and every two years thereafter through 2023, the Comptroller General of
the United States shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Health, Education,
Labor and Pensions of the Senate a report containing a qualitative
analysis of the extent to which individual patients have access to
investigational drugs pursuant to subsection (b) of section 561 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) and
recommendations for improving such access. In preparing such report,
the Comptroller General shall conduct a qualitative analysis of the
following:
(1) Whether there are any identifiable patterns in requests
submitted under subsection (b) of such section, such as the
types of indications for which requests for individual patient
access are sought or the reasons for the denial of such
requests.
(2) What the primary barriers are to drug sponsors granting
requests for individual patient access.
(3) How the Secretary evaluates safety and efficacy data
submitted in connection with such requests.
(4) The amount of time that--
(A) a physician typically takes to complete the
paperwork necessary to make such a request;
(B) a drug sponsor takes to process such a request
and to issue a decision with respect to the request;
and
(C) the Secretary takes to process such a request
and to issue a decision with respect to the request.
(5) How regulations, guidance, policies, or practices may
be modified, streamlined, expanded, or discontinued to reduce
or prevent delays in approving such requests.
(6) The number of such requests that, for the period
covered by the report--
(A) were approved by drug sponsors and the Food and
Drug Administration;
(B) were approved by drug sponsors but denied by
the Food and Drug Administration; and
(C) were denied by drug sponsors.
(7) How to encourage drug sponsors to grant requests for
expanded access under such section 561, including requests for
emergency use, intermediate-size patient populations, and large
patient populations under a specified indication.
(8) Whether and to what extent adverse events reported to
the Secretary as a result of individual use of an
investigational drug or investigational device under such
section 561 affected the development or approval of any drug or
device.
SEC. 5. EXPANDED ACCESS TASK FORCE.
(a) Establishment.--The Secretary of Health and Human Services
shall establish a task force within the Department of Health and Human
Services to explore mechanisms for improving the access individual
patients have to investigational drugs pursuant to subsection (b) of
section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb), to be known as the ``Expanded Access Task Force'' (in this
section referred to as the ``Task Force''). Not later than 90 days
after the date on which the Comptroller General of the United States
submits the first report required under section 4, the Task Force shall
be convened.
(b) Membership.--
(1) Composition.--The Task Force shall be composed of not
more than 13 voting members appointed as follows:
(A) One member to serve as Chairman of the Task
Force, appointed by the Speaker of the House of
Representatives.
(B) One representative from the Department of
Health and Human Services, appointed by the Secretary
of Health and Human Services.
(C) Six representatives appointed by the majority
leader of the House of Representatives, in consultation
with the minority leader of the House of
Representatives, and the chairman and the ranking
member of the Committee on Energy and Commerce of the
House of Representatives, including--
(i) one current or former representative of
the biopharmaceutical industry of not less than
250 full-time employees;
(ii) one representative of a
biopharmaceutical company of less than 250
full-time employees;
(iii) one representative of the patient
community;
(iv) one representative of the rare disease
patient community;
(v) one representative of the health care
provider community; and
(vi) one bioethicist.
(D) Five representatives appointed by majority
leader of the Senate, in consultation with the minority
leader of the Senate, and the chairman and the ranking
member of the Committee on Health, Education, Labor and
Pensions of the Senate, including--
(i) one representative of the
biopharmaceutical industry of not less than 250
full-time employees;
(ii) one current or former representative
of a biopharmaceutical company of less than 250
full-time employees;
(iii) one representative of the patient
community;
(iv) one representative of the rare disease
patient community; and
(v) one representative of the health care
payor community.
(2) Compensation.--Members of the Task Force shall serve
without compensation.
(c) Duties.--The Task Force shall comprehensively evaluate the
access individual patients have to investigational drugs pursuant to
subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360bbb), taking into account--
(1) the unique challenges faced by children with likely
fatal diseases for which there is not a comparable or
satisfactory alternative therapy available;
(2) possible incentives for biopharmaceutical companies and
providers to approve requests submitted under such subsection;
(3) ways to improve followup reporting of adverse event
data and compliance with such reporting requirements;
(4) how the Secretary of Health and Human Services
interprets and takes into consideration adverse event data
reported in the case of data from use under a request submitted
under such subsection;
(5) ways to streamline and standardize the process for
submitting requests under such subsection; and
(6) the costs incurred by biopharmaceutical companies for
the time, effort, and delivery of investigational drugs to
patients for the diagnosis, monitoring, or treatment of a
serious disease or condition under such subsection.
(d) Report.--Not later than 180 days after the date on which the
Task Force is convened, the Task Force shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Health, Education, Labor and Pensions of the Senate a report in an
electronic format describing the specific recommendations of the Task
Force for improving the access individual patients have to
investigational drugs pursuant to subsection (b) of section 561 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb).
(e) Termination.--The task force shall terminate upon submission of
the report required under subsection (d).
SEC. 6. FINALIZING DRAFT GUIDANCE ON EXPANDED ACCESS.
(a) In General.--Not later than 180 days after the date on which
the Expanded Access Task Force established under section 5 submits the
report under subsection (d) of such section, the Secretary of Health
and Human Services shall finalize the draft guidance entitled
``Expanded Access to Investigational Drugs for Treatment Use--Qs & As''
and dated May 2013.
(b) Contents.--The final guidance referred to in subsection (a)
shall--
(1) clearly define how the Secretary interprets and uses
adverse drug event data reported by investigators in the case
of data reported from use under a request submitted under
section 561(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb(b)); and
(2) take into account the report of the Expanded Access
Task Force submitted under section 5(d) and the first report of
the Comptroller General of the United States submitted under
section 4. | Andrea Sloan Compassionate Use Reform and Enhancement Act or the Andrea Sloan CURE Act Amends the Federal Food, Drug, and Cosmetic Act to require the sponsor of an “investigational drug” (which is a drug that is designated as a breakthrough therapy, fast track product, infectious disease product, or drug for a rare disease or condition) to submit to the Food and Drug Administration (FDA) and make available to the public the sponsor's policy on requests for expanded access to the unapproved drug, including the minimum criteria for considering or approving requests and the time needed to make a decision. Requires an investigational drug sponsor to explain a denied request for expanded access to the person who made the request. Directs the Department of Health and Human Services to establish an Expanded Access Task Force. Requires the Task Force and the Government Accountability Office (GAO) to evaluate patient access to investigational drugs and make recommendations for improving access. Directs the FDA to finalize the draft guidance entitled “Expanded Access to Investigational Drugs for Treatment Use--Qs & As,” taking into account reports from the Task Force and GAO. | Andrea Sloan CURE Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beaches Environmental Assessment,
Closure, and Health Act of 1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The 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) each coastal State has its own method of testing the
quality of its coastal recreation waters, providing varying
degrees of protection to the public; and
(7) the adoption of standards 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.
(b) Purpose.--The purpose of this Act is to require uniform
procedures for beach testing and monitoring to protect public safety
and improve the environmental quality of coastal recreation waters.
SEC. 3. WATER QUALITY CRITERIA AND STANDARDS.
(a) Issuance of Criteria.--Section 304(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1314(a)) is amended by adding at the
end the following:
``(9) Coastal recreation waters.--(A) The Administrator,
after consultation with appropriate Federal and State agencies
and other interested persons, shall issue within 18 months
after the effective date of this paragraph (and review and
revise from time to time thereafter) water quality criteria for
pathogens in coastal recreation waters. Such criteria shall--
``(i) be based on the best available scientific
information;
``(ii) be sufficient to protect public health and
safety in case of any reasonably anticipated exposure
to pollutants as a result of swimming, bathing, or
other body contact activities; and
``(iii) include specific numeric criteria
calculated to reflect public health risks from short-
term increases in pathogens in coastal recreation
waters resulting from rainfall, malfunctions of
wastewater treatment works, and other causes.
``(B) For purposes of this paragraph, the term `coastal
recreation waters' means Great Lakes and marine coastal waters
commonly used by the public for swimming, bathing, or other
similar primary contact purposes.''.
(b) Standards.--
(1) Adoption by states.--A State shall adopt water quality
standards for coastal recreation waters which, at a minimum,
are consistent with the criteria published by the Administrator
under section 304(a)(9) of the Federal Water Pollution Control
Act (33 U.S.C. 1314(a)(9)), as amended by this Act, not later
than 3 years following the date of such publication. Such water
quality standards shall be developed 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
standards into all appropriate programs into which such State
would incorporate water quality standards adopted under section
303(c) of the Federal Water Pollution Control Act (33 U.S.C.
1313(c)).
(2) Failure of states to adopt.--If a State has not
complied with paragraph (1) by the last day of the 3-year
period beginning on the date of publication of criteria under
section 304(a)(9) of the Federal Water Pollution Control Act
(33 U.S.C. 1314(a)(9)), as amended by this Act, the
Administrator shall promulgate water quality standards for
coastal recreation waters for the State under applicable
provisions of section 303 of the Federal Water Pollution
Control Act (33 U.S.C. 1313). The water quality standards for
coastal recreation waters shall be consistent with the criteria
published by the Administrator under section 304(a)(9) of the
Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)), as
amended by this Act. The State shall use the standards issued
by the Administrator in implementing all programs for which
water quality standards for coastal recreation waters are used.
SEC. 4. 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.--Not later than 9 months after the date on which
the Administrator publishes revised water quality criteria for coastal
recreation waters under section 304(a)(9), the Administrator shall
publish regulations specifying methods to be used by States to monitor
coastal recreation waters, during periods of use by the public, for
compliance with applicable water quality standards 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 of monitoring based on the
proximity of coastal recreation waters to pollution sources;
``(4) specify methods for detecting short-term increases in
pathogens in coastal recreation waters; 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
standards for those waters; and
``(B) protection of the public safety.
``(b) Notification Requirements.--Regulations published pursuant to
subsection (a) shall require States to notify local governments and the
public of violations of applicable water quality standards for State
coastal recreation waters. Notification pursuant to this subsection
shall include, at a minimum--
``(1) prompt communication of the occurrence, nature, and
extent of such a violation, to a designated official of a local
government having jurisdiction over land adjoining the coastal
recreation waters for which a violation is identified; and
``(2) posting of signs, for the period during which the
violation continues, sufficient to give notice to the public of
a violation of an applicable water quality standard for such
waters and the potential risks associated with body contact
recreation 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) Delegation of Responsibility.--A State may delegate
responsibility for monitoring and posting of coastal recreation waters
pursuant to this section to local government authorities.
``(e) Review and Revision of Regulations.--The Administrator shall
review and revise regulations published pursuant to this section
periodically.
``(f) Definitions.--For the purposes of this section--
``(1) the term `coastal recreation waters' means Great
Lakes and marine coastal waters commonly used by the public for
swimming, bathing, or other similar body contact purposes; and
``(2) the term `floatable materials' means any matter that
may float or remain suspended in the water column and includes
plastic, aluminum cans, wood, bottles, and paper products.''.
SEC. 5. STUDY TO IDENTIFY INDICATORS OF HUMAN-SPECIFIC PATHOGENS IN
COASTAL RECREATION WATERS.
(a) Study.--The Administrator, in cooperation with the Under
Secretary of Commerce for Oceans and Atmosphere, shall conduct an
ongoing study to provide additional information to the current base of
knowledge for use for developing better indicators for directly
detecting in coastal recreation waters the presence of bacteria and
viruses which are harmful to human health.
(b) Report.--Not later than 4 years after the date of the enactment
of this Act, and periodically thereafter, the Administrator shall
submit to the Congress a report describing the findings of the study
under this section, including--
(1) recommendations concerning the need for additional
numerical limits or conditions and other actions needed to
improve the quality of coastal recreation waters;
(2) a description of the amounts and types of floatable
materials in coastal waters and on coastal beaches and of
recent trends in the amounts and types of such floatable
materials; and
(3) an evaluation of State efforts to implement this Act,
including the amendments made by this Act.
SEC. 6. GRANTS TO STATES.
(a) Grants.--The Administrator may make grants to States for use in
fulfilling requirements established pursuant to section 3 and 4.
(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 sections
3 and 4.
SEC. 7. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Environmental Protection Agency;
(2) the term ``coastal recreation waters'' means Great
Lakes and marine coastal waters commonly used by the public for
swimming, bathing, or other similar body contact purposes; and
(3) the term ``floatable materials'' means any matter that
may float or remain suspended in the water column and includes
plastic, aluminum cans, wood, bottles, and paper products.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator--
(1) for use in making grants to States under section 6 not
more than $3,000,000 for each of the fiscal years 1994 and
1995; and
(2) for carrying out the other provisions of this Act not
more than $1,000,000 for each of the fiscal years 1994 and
1995. | Beaches Environmental Assessment, Closure, and Health Act of 1993 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to issue water quality criteria for pathogens in coastal recreation waters. Requires States to adopt consistent water quality standards.
Requires the Administrator to publish regulations specifying methods to be used by States to monitor coastal recreation waters, during periods of use by the public, for compliance with standards. Requires notification of local governments and the public of water quality standards violations.
Requires the Administrator to: (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 materials constitutes a threat to public health and safety.
Requires an ongoing study and report to the Congress on developing better indicators for detecting harmful bacteria and viruses in coastal recreation waters.
Authorizes the Administrator to make grants to States to fulfill requirements under this Act.
Authorizes appropriations. | Beaches Environmental Assessment, Closure, and Health Act of 1993 |
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