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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Card Fair Fee Act of 2008''.
SEC. 2. LIMITED ANTITRUST IMMUNITY FOR THE NEGOTIATION AND
DETERMINATION OF RATES AND TERMS FOR ACCESS TO COVERED
ELECTRONIC PAYMENT SYSTEMS.
(a) Definitions.--For purposes of this Act:
(1) ``Access agreement'' means an agreement giving a
merchant permission to access a covered electronic payment
system to accept credit cards and/or debit cards from consumers
for payment for goods and services as well as to receive
payment for such goods and services, conditioned solely upon
the merchant complying with the rates and terms specified in
the agreement.
(2) ``Acquirer'' means a financial institution that
provides services allowing merchants to access an electronic
payment system to accept credit cards and/or debit cards for
payment, but does not include independent third party
processors that may act as the acquirer's agent in processing
general-purpose credit or debit card transactions.
(3) ``Antitrust Division'' means the Antitrust Division of
the U.S. Department of Justice.
(4) ``Antitrust laws'' has the meaning given it in
subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term includes section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the extent such
section 5 applies to unfair methods of competition as well as
any similar State law.
(5) ``Credit card'' means any general-purpose card or other
device issued or approved for use by a financial institution
allowing the cardholder to obtain goods or services on credit
on terms specified by that financial institution.
(6) ``Covered electronic payment system'' means an
electronic payment system that has been used for at least 20
percent of the combined dollar value of U.S. credit card,
signature-based debit card, and PIN-based debit card payments
processed in the applicable calendar year immediately preceding
the year in which the conduct in question occurs.
(7) ``Debit card'' means any general-purpose card or other
device issued or approved for use by a financial institution
for use in debiting a cardholder's account for the purpose of
that cardholder obtaining goods or services, whether
authorization is signature-based or PIN-based.
(8) ``Electronic payment system'' means the proprietary
services and infrastructure that route information and data to
facilitate transaction authorization, clearance, and settlement
that merchants must access in order to accept a specific brand
of general-purpose credit cards and/or debit cards as payment
for goods and services.
(9) ``Financial institution'' has the same meaning as in
section 603(t) of the Fair Credit Reporting Act.
(10) ``Issuer'' means a financial institution that issues
credit cards and/or debit cards or approves the use of other
devices for use in an electronic payment system, but does not
include independent third party processors that may act as the
issuer's agent in processing general-purpose credit card or
debit card transactions.
(11) ``Market power'' means the ability profitably to raise
prices above those that would be charged in a perfectly
competitive market.
(12) ``Merchant'' means any person who accepts credit cards
and/or debit cards in payment for goods or services that they
provide.
(13) ``Negotiating party'' means 1 or more providers of a
covered electronic payment system or 1 or more merchants who
have access to or who are seeking access to that covered
electronic payment system, as the case may be, and who are in
the process of negotiating or who have executed a voluntarily
negotiated access agreement that is still in effect.
(14) ``Person'' has the meaning given it in subsection (a)
of the first section of the Clayton Act (15 U.S.C. 12(a)).
(15) ``Provider'' means any person who owns, operates,
controls, serves as an issuer for, or serves as an acquirer for
a covered electronic payment system.
(16) ``State'' has the meaning given it in section 4G(2) of
the Clayton Act (15 U.S.C. 15g(2)).
(17) ``Terms'' means all rules applicable either to
providers of a single covered electronic payment system or to
merchants, and that are required in order to provide or access
that covered electronic payment system for processing credit
card and/or debit card transactions.
(18) ``Voluntarily negotiated access agreement'' means an
executed agreement voluntarily negotiated between 1 or more
providers of a single covered electronic payment system and 1
or more merchants that sets the rates and terms pursuant to
which the 1 or more merchants can access that covered
electronic payment system to accept credit cards and/or debit
cards from consumers for payment of goods and services, and
receive payment for such goods and services.
(b) Limited Antitrust Immunity for Negotiation of Access Rates and
Terms to Covered Electronic Payment Systems.--(1) Except as provided in
paragraph (2) and notwithstanding any provision of the antitrust laws,
in negotiating access rates and terms any providers of a single covered
electronic payment system and any merchants may jointly negotiate and
agree upon the rates and terms for access to the covered electronic
payment system, including through the use of common agents that
represent either providers of a single covered electronic payment
system or merchants on a non-exclusive basis. Any providers of a single
covered electronic payment system also may jointly determine the
proportionate division among themselves of paid access fees.
(2) Notwithstanding any other provision of this Act, the immunity
otherwise applicable under paragraph (1) shall not apply to a provider
of a single covered electronic payment system, or to a merchant, during
any period in which such provider, or such merchant, is engaged in any
unlawful boycott.
(c) Nondiscrimination.--For any given covered electronic payment
system, the rates and terms of a voluntarily negotiated access
agreement reached under the authority of this section shall be the same
for all merchants, regardless of merchant category or volume of
transactions (either in number or dollar value) generated. For any
given covered electronic payment system, the rates and terms of a
voluntarily negotiated access agreement reached under the authority of
this section shall be the same for all participating providers,
regardless of provider category or volume of transactions (either in
number or dollar value) generated.
(d) Facilitation of Negotiation.--
(1) Schedule.--Within one month following enactment of this
Act, the negotiating parties shall file with the Antitrust
Division a schedule for negotiations. If the negotiating
parties do not file such a schedule within one month from the
date of enactment, the Antitrust Division shall issue such a
schedule and inform the negotiating parties of the schedule. In
either case, the Antitrust Division shall make the schedule
available to all negotiating parties.
(2) Initial disclosure.--Within one month following
enactment of this Act, the persons described in this subsection
shall make the initial disclosures described in paragraphs (3),
(4), and (5) to facilitate negotiations under the limited
antitrust immunity provided for by this section.
(3) Issuers, acquirers, and owners.--Any person who is 1 of
the 10 largest issuers for a covered electronic payment system
in terms of number of cards issued, any person who is 1 of the
10 largest acquirers for a covered electronic payment system in
terms of number of merchants served, and any person who
operates or controls a covered electronic payment system shall
produce to the Antitrust Division and to all negotiating
parties--
(A) an itemized list of the costs necessary to
provide the covered electronic payment system that were
incurred by the person during the most recent full
calendar year before the initiation of the negotiation;
and
(B) any access agreement between that person and 1
or more merchants with regard to that covered
electronic payment system.
(4) Merchants.--Any person who is 1 of the 10 largest
merchants using the covered electronic payment system,
determined based on dollar amount of transactions made with the
covered electronic payment system, shall produce to the
Antitrust Division and to all negotiating parties--
(A) an itemized list of the costs necessary to
access an electronic payment system during the most
recent full calendar year prior to the initiation of
the proceeding; and
(B) any access agreement between that person and 1
or more providers with regard to that covered
electronic payment system.
(5) Disagreement.--Any disagreement regarding whether a
person is required to make an initial disclosure under this
clause, or the contents of such a disclosure, shall be resolved
by the Antitrust Division.
(6) Attendance of antitrust division.--A representative of
the Antitrust Division shall attend all negotiation sessions
conducted under the authority of this section.
(e) Transparency of Voluntarily Negotiated Access Agreements.--
(1) Voluntarily negotiated access agreements between
negotiating parties.--A voluntarily negotiated access agreement
may be executed at any time between 1 or more providers of a
covered electronic payment system and 1 or more merchants.
(2) Filing agreements with the antitrust division.--The
negotiating parties shall jointly file with the Antitrust
Division a clear intelligible copy of--
(A) any voluntarily negotiated access agreement
that affects any market in the United States or
elsewhere;
(B) the various components of the interchange fee;
(C) a description of how access fees that merchants
pay are allocated among financial institutions and how
they are spent;
(D) whether a variation in fees exists among card
types;
(E) any documentation relating to a voluntarily
negotiated access agreement evidencing any
consideration being given or any marketing or
promotional agreements between the negotiating parties;
(F) a comparison of interchange rates in current
use in the 10 foreign countries having the highest
volume of credit card transactions with the interchange
rates charged in the United States under such
agreement; and
(G) any amendments to that voluntarily negotiated
access agreement or documentation.
(3) Timing and availability of filings.--The negotiating
parties to any voluntarily negotiated access agreement executed
after the date of enactment of this Act shall jointly file the
voluntarily negotiated access agreement, and any documentation
or amendments described in paragraph (2), with the Antitrust
Division not later than 30 days after the date of execution of
the voluntarily negotiated access agreement or amendment or
after the creation of the documentation. The Antitrust Division
shall make publicly available any voluntarily negotiated access
agreement, amendment, or accompanying documentation filed under
this paragraph.
(f) Report to Congress by the Antitrust Division.--Within seven
months after the date of enactment of this Act, the Antitrust Division
shall transmit to the House Committee on the Judiciary and the Senate
Committee on the Judiciary a report on the negotiations conducted under
the authority of this section during the first six months after the
date of enactment and, if a voluntarily negotiated agreement is
reached, whether such access rates and terms will have an adverse
effect on competition and how such rates compare with access rates and
terms in current use in other countries. Such report shall contain a
chronology of the negotiations, an assessment of whether the parties
have negotiated in good faith, an assessment of the quality of the data
provided by the parties in their initial disclosures, a description of
any voluntarily negotiated agreements reached during the negotiations,
and any recommendations of the Antitrust Division concerning how
Congress should respond to the conduct of the negotiations.
(g) Effect on Pending Lawsuits.--Nothing in this section shall
affect liability in any action pending on the date of enactment of this
section.
SEC. 3. OPT-OUT.
Nothing in this Act shall limit the ability of acquirers or issuers
that are regulated by the National Credit Union Administration or that,
together with affiliates, have assets of less than $1,000,000,000, to
opt out of negotiations under this Act.
SEC. 4. CARDHOLDER SAVINGS.
Any agreements reached pursuant to the authority provided in
section 2 shall provide that--
(1) when any fees that a merchant is charged for access to
a covered electronic payment system are reduced pursuant to any
such agreement, the merchant shall pass the benefits of any
such reduction in fees on to its customers or employees; and
(2) when any fees that a financial institution collects for
access to a covered electronic payment system are increased
pursuant to any such agreement, the financial institution shall
pass the benefits of any such increase in fees on to its
customers or employees.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this
Act. | Credit Card Fair Fee Act of 2008 - (Sec. 2) Sets forth a limited antitrust immunity to providers of covered electronic payment systems and merchants for negotiation of access rates and terms. Authorizes providers of a single covered electronic payment system (e.g. Visa or Mastercharge credit cards) and merchants to jointly negotiate and agree upon rates and terms for access to such system.
Authorizes such providers to jointly determine the proportionate division among themselves of paid access fees.
Denies such immunity during any period in which such a provider or merchant is engaged in any unlawful boycott.
Requires the rates and terms of a voluntarily negotiated access agreement to be the same for all merchants and participating providers, regardless of their respective category or volume of transactions.
Requires the negotiating parties to file with the Antitrust Division of the Department of Justice a schedule for negotiations within one month following enactment of this Act. Directs the Antitrust Division to issue such a schedule, and inform the negotiating parties, if they fail to file a schedule before the deadline.
Requires issuers, acquirers, owners, and merchants to make specified disclosures regarding itemized costs and access agreements.
Requires a representative of the Antitrust Division to attend all negotiation sessions conducted under the authority of this Act.
Requires the negotiating parties to file jointly with the Antitrust Division any voluntarily negotiated access agreement that affects any market in the United States or elsewhere, including the various components of the interchange fee, and a description of how access fees that merchants pay are allocated among financial institutions and how they are spent.
Directs the Antitrust Division to report to certain congressional committees on: (1) the negotiations conducted under this Act during the first six months after its enactment; and (2) if a voluntarily negotiated agreement is reached, whether such access rates and terms will have an adverse effect on competition, and how such rates compare with access rates and terms in current use in other countries.
(Sec. 3) Declares that nothing in this Act shall limit the ability of acquirers or issuers that are regulated by the National Credit Union Administration or that, together with affiliates, have assets of less than $1 billion, to opt out of negotiations under this Act.
(Sec. 4) Requires agreements reached pursuant to the limited antitrust immunity under this Act to provide that: (1) when any fees that a merchant is charged for access to a covered electronic payment system are reduced, the merchant shall pass the benefits on to customers or employees; and (2) when any fees that a financial institution collects for access to a covered electronic payment system are increased, the institution shall pass those benefits on to its customers or employees. | To amend the antitrust laws to ensure competitive market-based rates and terms for merchants' access to electronic payment systems. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Indian Land Transfer
Act''.
SEC. 2. LANDS HELD IN TRUST FOR VARIOUS TRIBES OF CALIFORNIA INDIANS.
(a) In General.--Subject to valid existing rights, all right,
title, and interest of the United States in and to the lands, including
improvements and appurtenances, described in a paragraph of subsection
(b) in connection with the respective tribe, band, or group of Indians
named in such paragraph are hereby declared to be held in trust by the
United States for the benefit of such tribe, band, or group. Real
property taken into trust pursuant to this subsection shall not be
considered to have been taken into trust for gaming (as that term is
used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).
(b) Lands Described.--The lands described in this subsection,
comprising approximately 3525.8 acres, and the respective tribe, band,
or group, are as follows:
(1) Pit river tribe.--Lands to be held in trust for the Pit
River Tribe are comprised of approximately 561.69 acres
described as follows:
Mount Diablo Base and Meridian
Township 42 North, Range 13 East
Section 3:
S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, 120 acres.
Township 43 North, Range 13 East
Section 1:
N\1/2\ NE\1/4\, 80 acres,
Section 22:
SE\1/4\ SE\1/4\, 40 acres,
Section 25:
SE\1/4\ NW\1/4\, 40 acres,
Section 26:
SW\1/4\ SE\1/4\, 40 acres,
Section 27:
SE\1/4\ NW\1/4\, 40 acres,
Section 28:
NE\1/4\ SW\1/4\, 40 acres,
Section 32:
SE\1/4\ SE\1/4\, 40 acres,
Section 34:
SE\1/4\ NW\1/4\, 40 acres,
Township 44 North, Range 14 East,
Section 31:
S\1/2\ SW\1/4\, 80 acres.
(2) Fort independence community of paiute indians.--Lands
to be held in trust for the Fort Independence Community of
Paiute Indians are comprised of approximately 200.06 acres
described as follows:
Mount Diablo Base and Meridian
Township 13 South, Range 34 East
Section 1:
W\1/2\ of Lot 5 in the NE\1/4\, Lot 3, E\1/2\ of Lot 4, and
E\1/2\ of Lot 5 in the NW\1/4\.
(3) Barona group of capitan grande band of mission
indians.--Lands to be held in trust for the Barona Group of
Capitan Grande Band of Mission Indians are comprised of
approximately 5.03 acres described as follows:
San Bernardino Base and Meridian
Township 14 South, Range 2 East
Section 7, Lot 15.
(4) Cuyapaipe band of mission indians.--Lands to be held in
trust for the Cuyapaipe Band of Mission Indians are comprised
of approximately 1,360 acres described as follows:
San Bernardino Base and Meridian
Township 15 South, Range 6 East
Section 21:
All of this section.
Section 31:
NE\1/4\, N\1/2\SE\1/4\, SE\1/4\SE\1/4\.
Section 32:
W\1/2\SW\1/4\, NE\1/4\SW\1/4\, NW\1/4\SE\1/4\.
Section 33:
SE\1/4\, SW\1/4\SW\1/4\, E\1/2\SW\1/4\.
(5) Manzanita band of mission indians.--Lands to be held in
trust for the Manzanita Band of Mission Indians are comprised
of approximately 1,000.78 acres described as follows:
San Bernardino Base and Meridian
Township 16 South, Range 6 East
Section 21:
Lots 1, 2, 3, and 4, S\1/2\.
Section 25:
Lots 2 and 5.
Section 28:
Lots, 1, 2, 3, and 4, N\1/2\SE\1/4\.
(6) Morongo band of mission indians.--Lands to be held in
trust for the Morongo Band of Mission Indians are comprised of
approximately 40 acres described as follows:
San Bernardino Base and Meridian
Township 3 South, Range 2 East
Section 20:
NW\1/4\ of NE\1/4\.
(7) Pala band of mission indians.--Lands to be held in
trust for the Pala Band of Mission Indians are comprised of
approximately 59.20 acres described as follows:
San Bernardino Base and Meridian
Township 9 South, Range 2 West
Section 13, Lot 1, and Section 14, Lots 1, 2, 3.
(8) Fort bidwell community of paiute indians.--Lands to be
held in trust for the Fort Bidwell Community of Paiute Indians
are comprised of approximately 299.04 described as follows:
Mount Diablo Base and Meridian
Township 46 North, Range 16 East
Section 8:
SW\1/4\SW\1/4\.
Section 19:
Lots 5, 6, 7.
S\1/2\NE\1/4\, SE\1/4\NW\1/4\, NE\1/4\SE\1/4\.
Section 20:
Lot 1.
SEC. 3. MISCELLANEOUS PROVISIONS.
(a) Proceeds From Rents and Royalties Transferred to Indians.--
Amounts which accrue to the United States after the date of the
enactment of this Act from sales, bonuses, royalties, and rentals
relating to any land described in section 2 shall be available for use
or obligation, in such manner and for such purposes as the Secretary
may approve, by the tribe, band, or group of Indians for whose benefit
such land is taken into trust.
(b) Notice of Cancellation of Grazing Preferences.--Grazing
preferences on lands described in section 2 shall terminate 2 years
after the date of the enactment of this Act.
(c) Laws Governing Lands To Be Held In Trust.--Any lands which are
to be held in trust for the benefit of any tribe, band, or group of
Indians pursuant to this Act shall be added to the existing reservation
of the tribe, band, or group, and the official boundaries of the
reservation shall be modified accordingly. These lands shall be subject
to the laws of the United States relating to Indian land in the same
manner and to the same extent as other lands held in trust for such
tribe, band, or group on the day before the date of enactment of this
Act.
Passed the House of Representatives October 5, 1998.
Attest:
Clerk. | California Indian Land Transfer Act - Transfers all right, title, and interest of the United States in and to specified lands, including improvements and appurtenances, to be held in trust by the United States for the benefit of the following California Indian tribes: (1) the Pit River Tribe; (2) the Fort Independence and Fort Bidwell Communities of Paiute Indians; (3) the Barona Group of Capitan Grande Band of Mission Indians; and (4) the Cuyapaipe, Manzanita, Morongo, and Pala Bands of Mission Indians. Makes available for use by the tribes any rents and royalties from such lands accruing to the United States after enactment of this Act. Terminates grazing preferences on the lands two years after the date of the enactment of this Act. | California Indian Land Transfer Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assault Weapons Ban and Law
Enforcement Protection Act of 2005''.
SEC. 2. REINSTATEMENT FOR 10 YEARS OF REPEALED CRIMINAL PROVISIONS
RELATING TO ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION
FEEDING DEVICES.
(a) Reinstatement of Provisions Wholly Repealed.--Paragraphs (30)
and (31) of section 921(a), subsections (v) and (w) and Appendix A of
section 922, and the last 2 sentences of section 923(i) of title 18,
United States Code, as in effect just before the repeal made by section
110105(2) of the Violent Crime Control and Law Enforcement Act of 1994,
are hereby enacted into law.
(b) Reinstatement of Provisions Partially Repealed.--Section 924 of
title 18, United States Code, is amended--
(1) in subsection (a)(1), by striking subparagraph (B) and
inserting the following:
``(B) knowingly violates subsection (a)(4), (f), (k), (r),
(v), or (w) of section 922;''; and
(2) in subsection (c)(1)(B), by striking clause (i) and
inserting the following:
``(i) is a short-barreled rifle, short-barreled shotgun, or
semiautomatic assault weapon, the person shall be sentenced to
a term of imprisonment of not less than 10 years; or''.
SEC. 3. DEFINITIONS.
(a) In General.--Section 921(a)(30) of title 18, United States
Code, as added by section 2(a) of this Act, is amended to read as
follows:
``(30) The term `semiautomatic assault weapon' means any of the
following:
``(A) The following rifles or copies or duplicates thereof:
``(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr,
NHM 90, NHM 91, SA 85, SA 93, VEPR;
``(ii) AR-10;
``(iii) AR-15, Bushmaster XM15, Armalite M15, or
Olympic Arms PCR;
``(iv) AR70;
``(v) Calico Liberty;
``(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;
``(vii) Fabrique National FN/FAL, FN/LAR, or FNC;
``(viii) Hi-Point Carbine;
``(ix) HK-91, HK-93, HK-94, or HK-PSG-1;
``(x) Kel-Tec Sub Rifle;
``(xi) M1 Carbine;
``(xii) Saiga;
``(xiii) SAR-8, SAR-4800;
``(xiv) SKS with detachable magazine;
``(xv) SLG 95;
``(xvi) SLR 95 or 96;
``(xvii) Steyr AUG;
``(xviii) Sturm, Ruger Mini-14;
``(xix) Tavor;
``(xx) Thompson 1927, Thompson M1, or Thompson 1927
Commando; or
``(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter,
or Galil Sniper Rifle (Galatz).
``(B) The following pistols or copies or duplicates
thereof:
``(i) Calico M-110;
``(ii) MAC-10, MAC-11, or MPA3;
``(iii) Olympic Arms OA;
``(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10;
or
``(v) Uzi.
``(C) The following shotguns or copies or duplicates
thereof:
``(i) Armscor 30 BG;
``(ii) SPAS 12 or LAW 12;
``(iii) Striker 12; or
``(iv) Streetsweeper.
``(D) A semiautomatic rifle that has an ability to accept a
detachable magazine, and that has--
``(i) a folding or telescoping stock;
``(ii) a threaded barrel;
``(iii) a pistol grip;
``(iv) a forward grip; or
``(v) a barrel shroud.
``(E)(i) Except as provided in clause (ii), a semiautomatic
rifle that has a fixed magazine with the capacity to accept
more than 10 rounds.
``(ii) Clause (i) shall not apply to an attached tubular
device designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.
``(F) A semiautomatic pistol that has the ability to accept
a detachable magazine, and has--
``(i) a second pistol grip;
``(ii) a threaded barrel;
``(iii) a barrel shroud; or
``(iv) the capacity to accept a detachable magazine
at a location outside of the pistol grip.
``(G) A semiautomatic pistol with a fixed magazine that has
the capacity to accept more than 10 rounds.
``(H) A semiautomatic shotgun that has--
``(i) a folding or telescoping stock;
``(ii) a pistol grip;
``(iii) the ability to accept a detachable
magazine; or
``(iv) a fixed magazine capacity of more than 5
rounds.
``(I) A shotgun with a revolving cylinder.
``(J) A frame or receiver that is identical to, or based
substantially on the frame or receiver of, a firearm described
in any of subparagraphs (A) through (I) or (L).
``(K) A conversion kit.
``(L) A semiautomatic rifle or shotgun originally designed
for military or law enforcement use, or a firearm based on the
design of such a firearm, that is not particularly suitable for
sporting purposes, as determined by the Attorney General. In
making the determination, there shall be a rebuttable
presumption that a firearm procured for use by the United
States military or any Federal law enforcement agency is not
particularly suitable for sporting purposes, and a firearm
shall not be determined to be particularly suitable for
sporting purposes solely because the firearm is suitable for
use in a sporting event.''.
(b) Related Definitions.--Section 921(a) of such title is amended
by adding at the end the following:
``(36) Barrel Shroud.--The term `barrel shroud' means a shroud that
is attached to, or partially or completely encircles, the barrel of a
firearm so that the shroud protects the user of the firearm from heat
generated by the barrel, but does not include a slide that encloses the
barrel, and does not include an extension of the stock along the bottom
of the barrel which does not encircle or substantially encircle the
barrel.
``(37) Conversion Kit.--The term `conversion kit' means any part or
combination of parts designed and intended for use in converting a
firearm into a semiautomatic assault weapon, and any combination of
parts from which a semiautomatic assault weapon can be assembled if the
parts are in the possession or under the control of a person.
``(38) Detachable Magazine.--The term `detachable magazine' means
an ammunition feeding device that can readily be inserted into a
firearm.
``(39) Fixed Magazine.--The term `fixed magazine' means an
ammunition feeding device contained in, or permanently attached to, a
firearm.
``(40) Folding or Telescoping Stock.--The term `folding or
telescoping stock' means a stock that folds, telescopes, or otherwise
operates to reduce the length, size, or any other dimension, or
otherwise enhances the concealability, of a firearm.
``(41) Forward Grip.--The term `forward grip' means a grip located
forward of the trigger that functions as a pistol grip.
``(42) Pistol Grip.--The term `pistol grip' means a grip, a
thumbhole stock, or any other characteristic that can function as a
grip.
``(43) Threaded Barrel.--The term `threaded barrel' means a feature
or characteristic that is designed in such a manner to allow for the
attachment of a firearm as defined in section 5845(a) of the National
Firearms Act (26 U.S.C. 5845(a)).''.
SEC. 4. GRANDFATHER PROVISION.
Section 922(v)(2) of title 18, United States Code, as added by
section 2(a) of this Act, is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding after and below the end the following:
``(B) Paragraph (1) shall not apply to any firearm the possession
or transfer of which would (but for this subparagraph) be unlawful by
reason of this subsection, and which is otherwise lawfully possessed on
the date of the enactment of this subparagraph.''.
SEC. 5. REPEAL OF CERTAIN EXEMPTIONS.
Section 922(v)(3) of title 18, United States Code, as added by
section 2(a) of this Act, is amended by striking ``(3)'' and all that
follows through the 1st sentence and inserting the following:
``(3) Paragraph (1) shall not apply to any firearm that--
``(A) is manually operated by bolt, pump, level, or slide
action;
``(B) has been rendered permanently inoperable; or
``(C) is an antique firearm.''.
SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE TRANSFER OF LAWFULLY
POSSESSED SEMIAUTOMATIC ASSAULT WEAPONS.
Section 922(v) of title 18, United States Code, as added by section
2(a) of this Act, is amended by adding at the end the following:
``(5) It shall be unlawful for any person to transfer a
semiautomatic assault weapon to which paragraph (1) does not apply,
except through--
``(A) a licensed dealer, and for purposes of subsection (t)
in the case of such a transfer, the weapon shall be considered
to be transferred from the business inventory of the licensed
dealer and the dealer shall be considered to be the transferor;
or
``(B) a State or local law enforcement agency if the
transfer is made in accordance with the procedures provided for
in subsection (t) of this section and section 923(g).
``(6) The Attorney General shall establish and maintain, in a
timely manner, a record of the make, model, and date of manufacture of
any semiautomatic assault weapon which the Attorney General is made
aware has been used in relation to a crime under Federal or State law,
and the nature and circumstances of the crime involved, including the
outcome of relevant criminal investigations and proceedings. The
Attorney General shall annually submit the record to the Congress and
make the record available to the general public.''.
SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR TRANSFER OF A LARGE
CAPACITY AMMUNITION FEEDING DEVICE.
(a) Ban on Transfer of Semiautomatic Assault Weapon With Large
Capacity Ammunition Feeding Device.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by inserting after subsection (y) the
following:
``(z) It shall be unlawful for any person to transfer any assault
weapon with a large capacity ammunition feeding device.''.
(2) Penalties.--Section 924(a) of such title is amended by
adding at the end the following:
``(8) Whoever knowingly violates section 922(z) shall be fined
under this title, imprisoned not more than 10 years, or both.''.
(b) Certification Requirement.--
(1) In general.--Section 922(w) of such title, as added by
section 2(a) of this Act, is amended--
(A) in paragraph (3)--
(i) by adding ``or'' at the end of
subparagraph (B); and
(ii) by striking subparagraph (C) and
redesignating subparagraph (D) as subparagraph
(C); and
(B) by striking paragraph (4) and inserting the
following:
``(4) It shall be unlawful for a licensed manufacturer, licensed
importer, or licensed dealer who transfers a large capacity ammunition
feeding device that was manufactured on or before the date of the
enactment of this subsection, to fail to certify to the Attorney
General before the end of the 60-day period that begins with the date
of the transfer, in accordance with regulations prescribed by the
Attorney General, that the device was manufactured on or before the
date of the enactment of this subsection.''.
(2) Penalties.--Section 924(a) of such title, as amended by
subsection (a)(2) of this section, is amended by adding at the
end the following:
``(9) Whoever knowingly violates section 922(w)(4) shall be fined
under this title, imprisoned not more than 5 years, or both.''.
SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES.
Section 922(x) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.''.
SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.
(a) In General.--Section 922(w) of title 18, United States Code, as
added by section 2(a) of this Act, is amended--
(1) in paragraph (1), by striking ``(1) Except as provided
in paragraph (2)'' and inserting ``(1)(A) Except as provided in
subparagraph (B)'';
(2) in paragraph (2), by striking ``(2) Paragraph (1)'' and
inserting ``(B) Subparagraph (A)''; and
(3) by inserting before paragraph (3) the following:
``(2) It shall be unlawful for any person to import or bring into
the United States a large capacity ammunition feeding device.''.
(b) Conforming Amendment.--Section 921(a)(31)(A) of such title, as
added by section 2(a) of this Act, is amended by striking
``manufactured after the date of enactment of the Violent Crime Control
and Law Enforcement Act of 1994''. | Assault Weapons Ban and Law Enforcement Protection Act of 2005 - Reinstates for ten years repealed criminal provisions regarding assault weapons and large capacity ammunition feeding devices (the assault weapons ban).
Revises the definition of "semiautomatic assault weapon" to include conversion kits (for converting a firearm to such a weapon) and any semiautomatic rifle or pistol that has an ability to accept a detachable magazine and that has specified characteristics, including a telescoping stock.
Prohibits the transfer of such a weapon except through a licensed dealer or a State or local law enforcement agency, subject to specified requirements. Directs the Attorney General to: (1) establish and maintain a record of the make, model, and date of manufacture of any such weapon which the Attorney General is made aware has been used in relation to a crime, and of the nature and circumstances of the crime involved; and (2) annually submit the record to Congress and make it available to the public.
Prohibits: (1) the transfer of any assault weapon with a large capacity ammunition feeding device; and (2) a licensed manufacturer, importer, or dealer who transfers such a device that was manufactured on or before this Act's enactment from failing to certify to the Attorney General, within 60 days of the transfer date, that the device was manufactured on or before that date. Sets penalties for violations.
Prohibits: (1) the transfer of such a weapon or device to a juvenile; and (2) the importation of such a device. | To reauthorize the assault weapons ban, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Habitat Enhancement Act of
2005''.
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 Enhancement Act of 2005 - Amends the Endangered Species Act of 1973 to require the relevant Secretary (the Secretary of the Interior or the Secretary of Commerce) to make any designation of critical habitat of an endangered or threatened species not later than one year after final approval of a recovery plan for the species or three years after final regulations implementing a determination that the species is endangered or threatened, whichever is earlier.
Directs the Secretary to reconsider determinations that critical habitat designation is not practicable or determinable during the next five-year review of listed species or at the time of final approval of a recovery plan for the species.
Makes critical habitat designations inapplicable to actions authorized by: (1) an incidental taking permit; (2) an incidental taking statement provided by the Secretary; or (3) a land conservation or species management program that meets specified requirements.
Directs the Secretary, in determining whether an area is critical habitat, to seek and consider information from local governments in the vicinity of the area.
Specifies factors for consideration in determining the economic impact of critical habitat designation.
Modifies notice requirements applicable to proposed designations of critical habitat to require that any municipality having administrative jurisdiction over the area in which the species is believed to occur is given actual notice.
Redefines "critical habitat" to mean geographic areas determined by field survey data to be occupied by the species at the time of designation and which are necessary to the continued existence 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 ``International Child Labor
Elimination Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Article 32 of the United Nations Convention on the
Rights of the Child recognizes ``the right of the child to be
protected from economic exploitation and from performing any
work that is likely to be hazardous or to interfere with the
child's education or to be harmful to the child's health or
physical, mental, spiritual, moral or social development.''.
(2) Article 2 of the International Labor Organization
Convention 138, the Minimum Age Convention, states that the
minimum age for admission to employment or work ``shall not be
less than the age of completion of compulsory schooling and, in
any case, shall not be less than 15 years.''.
(3) International Labor Organization Convention 29, the
Forced Labor Convention, which has been in effect since 1930,
prohibits most forms of ``forced or compulsory labor'',
including all forced labor by people under the age of 18.
(4) Although it is among the most universally condemned of
all human rights abuses, child labor is widely practiced. The
International Labor Organization has estimated the total number
of child workers to be between 100,000,000 and 200,000,000.
More than 95 percent of those child workers live in developing
countries.
(5) The International Labor Organization has estimated that
13.2 percent of all 10-to-14 year olds around the world were
economically active in 1995. There are no reliable figures on
workers under 10 years of age, though their numbers are known
to be significant. Reliable child labor statistics are not
readily available, in part because many governments in the
developing world are reluctant to document those activities,
which are often illegal under domestic laws, which violate
international standards, and which may be perceived as a
failure of internal public policy.
(6) Notwithstanding international and domestic
prohibitions, many children in developing countries are forced
to work as debt-bonded and slave laborers in hazardous and
exploitative industries. According to the United Nations
Working Group on Contemporary Forms of Slavery and the
International Labor Organization, there are tens of millions of
child slaves in the world today. Large numbers of those slaves
are involved in agricultural and domestic labor, the sex
industry, the carpet and textile industries, and quarrying and
brick making.
(7) In many countries, children lack either the legal
standing or the means to protect themselves from cruelty and
exploitation in the workplace.
(8) The employment of children often interferes with the
opportunities of such children for basic education.
Furthermore, where it coexists with high rates of adult
unemployment, the use of child labor likely denies gainful
employment to millions of adults.
(9) While child labor is a vast, complex, and multifaceted
phenomenon that is tied to issues of poverty, educational
opportunity, and culture, its most abusive and hazardous forms
are repugnant to basic human rights and must be eliminated.
SEC. 3. IDENTIFICATION OF FOREIGN COUNTRIES AND INDUSTRIES THAT USE
CHILD LABOR IN PRODUCING GOODS.
(a) Identification of Countries and Industries.--The Secretary of
Labor shall, not later than 6 months after the date of the enactment of
this Act, and not later than the end of each 1-year period thereafter,
identify those foreign countries that do not prohibit child labor, or
that have laws prohibiting child labor but do not effectively enforce
them, and those industries in such countries in which child labor is
used. The Secretary may revoke the identification of a country or an
industry before the end of the 1-year period during which the
identification would otherwise be effective, if revocation is warranted
by new information or a change in the laws or practices of a country.
(b) Sanctions.--The sanctions set forth in sections 4 and 5 shall
apply with respect to those countries and industries identified under
subsection (a) for so long as the identification is effective under
such subsection.
(c) Exemption.--The prohibition on imports under section 4(a), the
prohibition under section 5(a)(1) on financing under the Export-Import
Bank Act of 1945, and the prohibition on multilateral assistance under
section 5(a)(2) shall not apply to a business entity if it is
established to the satisfaction of the Secretary of Labor that no goods
produced by that entity are products of child labor.
SEC. 4. PROHIBITION ON IMPORTS.
(a) Prohibition.--The Secretary of the Treasury shall prohibit the
entry of any manufactured article that is a product of an industry
identified under section 3(a).
(b) Exception.--Subsection (a) shall not apply to the entry of a
manufactured article--
(1) that is entered under any subheading in subchapter IV
or VI of chapter 98 (relating to personal exemptions) of the
Harmonized Tariff Schedule of the United States; or
(2) that was exported from the foreign country in which the
industry concerned is located and was en route to the United
States before the first day on which the identification of the
country and industry was effective.
SEC. 5. PROHIBITION ON ASSISTANCE FOR FOREIGN COUNTRIES THAT USE CHILD
LABOR IN PRODUCING GOODS.
(a) Prohibition on Assistance.--
(1) Bilateral assistance.--The President may not provide
United States assistance to a foreign country identified by the
Secretary of Labor under section 3(a).
(2) Multilateral assistance.--The Secretary of the Treasury
shall instruct the United States Executive Director of each
international financial institution to use the voice and vote
of the United States to oppose any loan or other utilization of
the funds of their respective institution to or for any
industry identified by the Secretary of Labor under section
3(a).
(b) Exception.--A foreign country or an industry identified by the
Secretary of Labor under section 3(a) may receive United States
assistance if the President determines and certifies to the Congress
that it is in the vital national interest of the United States to
provide such assistance to such country or industry, as the case may
be. The President shall include in any such certification--
(1) a full and complete description of the vital national
interest of the United States that is placed at risk if such
assistance is not provided to such country or industry; and
(2) a statement weighing the risk described in paragraph
(1) against the risk posed to the vital national interest of
the United States by the failure of such country to adopt or
enforce laws prohibiting child labor or by the use of child
labor by such industry, as the case may be.
SEC. 6. PENALTIES.
(a) Unlawful Acts.--It is unlawful--
(1) to attempt to enter any manufactured article that is a
product of an industry if the entry is prohibited under section
4(a); or
(2) to violate any regulation prescribed under section 7.
(b) Civil Penalty.--Any person who commits any unlawful act set
forth in subsection (a) is liable for a civil penalty of not to exceed
$25,000.
(c) Criminal Penalty.--In addition to being liable for a civil
penalty under subsection (b), any person who intentionally commits any
unlawful act set forth in subsection (a) is, upon conviction, liable
for a fine of not less than $10,000 and not more than $35,000, or
imprisonment for not more than 1 year, or both.
(d) Construction.--The violations set forth in subsection (a) shall
be treated as violations of the customs laws for purposes of applying
the enforcement provisions of the Tariff Act of 1930, including--
(1) the search, seizure, and forfeiture provisions;
(2) section 592 (relating to penalties for entry by fraud,
gross negligence, or negligence); and
(3) section 619 (relating to compensation to informers).
SEC. 7. REGULATIONS.
The President shall issue such regulations as are necessary to
carry out this Act.
SEC. 8. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR
UNDERAGE CHILD WORKERS.
There is authorized to be appropriated to the President the sum of
$10,000,000 for each of fiscal years 1997 through 2001 for a United
States contribution to the International Labor Organization for the
activities of the International Program on the Elimination of Child
Labor.
SEC. 9. DEFINITIONS.
As used in this Act:
(1) Child labor.--The term ``child labor'' means--
(A) services performed by an individual who has not
attained the age at which children complete compulsory
schooling under the national laws of the country
concerned, or the age of 15, whichever age is older,
except for services performed on a part-time basis by
an individual 14 years of age or older that does not
interfere with the individual's health or education,
and
(B) services performed by an individual under the
age of 18 that would likely jeopardize the health,
safety, or moral character of a young person,
in exchange for remuneration (regardless to whom paid),
subsistence, goods or services, or any combination thereof, or
under circumstances tantamount to involuntary servitude.
(2) Product of child labor.--A manufactured article shall
be treated as being a product of child labor if the article--
(A) was fabricated, assembled, or processed, in
whole or part,
(B) contains any part that was fabricated,
assembled, or processed, in whole or in part, or
(C) was mined, quarried, pumped, or otherwise
extracted,
with child labor.
(3) Entered and entry.--The terms ``entered'' and ``entry''
mean entry, or withdrawal from warehouse for consumption, in
the customs territory of the United States.
(4) Business entity.--The term ``business entity''--
(A) means any entity that produces a manufactured
article in a foreign country; and
(B) includes, but is not limited to, entities owned
or controlled in whole or in part by the government of
a foreign country.
(5) Foreign country.--The term ``foreign country'' means
any foreign country and any possession or territory of a
foreign country that is administered separately for customs
purposes (and includes any designated zone within such country,
possession, or territory).
(6) International financial institution.--The term
``international financial institution'' means the International
Bank for Reconstruction and Development, the International
Development Association, the Multilateral Investment Guarantee
Agency, the Inter-American Development Bank, the Asian
Development Bank, the African Development Bank, the African
Development Fund, the International Monetary Fund, the European
Bank for Reconstruction and Development, and the International
Finance Corporation.
(7) Manufactured article.--The term ``manufactured
article'' means any good that is fabricated, assembled, or
processed. The term also includes any mineral resource
(including any mineral fuel) that is entered in a crude state.
Any mineral resource that at entry has been subjected to only
washing, crushing, grinding, powdering, levigation, sifting,
screening, or concentration by flotation, magnetic separation,
or other mechanical or physical processes shall be treated as
having been processed for the purposes of this Act.
(8) United states assistance.--The term ``United States
assistance'' means--
(A) any assistance under the Foreign Assistance Act
of 1961 (including programs under title IV of chapter 2
of part I of such Act, relating to the Overseas Private
Investment Corporation), other than--
(i) disaster relief assistance, including
any assistance under chapter 9 of part I of
such Act;
(ii) assistance which involves the
provision of food (including monetization of
food) or medicine; and
(iii) assistance for refugees;
(B) sales, or financing on any terms, under the
Arms Export Control Act;
(C) the provision of agricultural commodities,
other than food, under the Agricultural Trade
Development and Assistance Act of 1954; and
(D) financing under the Export-Import Bank Act of
1945.
(9) United states assistance to a foreign country.--The
term ``United States assistance to a foreign country'' includes
any sales, financing, or other assistance described in
subsection (8) to or for programs, projects, business ventures,
or other activities in the foreign country, whether or not such
assistance is received by the government of the foreign
country. | International Child Labor Elimination Act of 1996 - Directs the Secretary of Labor annually to identify foreign countries that do not prohibit child labor, or that have laws prohibiting child labor but do not enforce them, and those industries in such countries in which child labor is used.
Prohibits: (1) the entry into the United States of any article that is a product of child labor; and (2) U.S. and multilateral assistance to identified countries, with specified exceptions.
Sets forth both civil and criminal penalties for violations of this Act.
Authorizes appropriations for a U.S. contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor. | International Child Labor Elimination Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Exchange Infrastructure
Modernization Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a ubiquitous high quality public switched network will
promote--
(A) universal service at reasonable rates;
(B) the universal availability of advanced public
switched network capabilities and information services;
(C) the public health, safety, national defense,
education and security and emergency preparedness;
(D) the economic development and quality of life by
bringing access to advanced public switched network
capabilities to the American people regardless of their
location;
(E) new services and motivate new service providers
by providing uniform accessibility and
interoperability;
(F) the international competitiveness of American
industry; and
(G) a seamless, nationwide, coordinated and state-
of-the-art public switched network that will enhance
the quality of life for all Americans;
(2) the increasing technological complexity and need for
ubiquitous infrastructure capability and interoperability of
the public switched network requires--
(A) sharing of the public switched network
infrastructure and functionality between and among
local exchange carriers;
(B) joint coordinated network planning, design and
cooperative implementation among all local exchange
carriers; and
(C) development of standards for interconnection
between the local exchange carrier public switched
network and others by appropriate standards-setting
bodies;
(3) the access services provided by the local exchange
carrier public switched network to competitive carriers,
information service providers and others, tie these diverse
elements into an interoperable national telecommunications
network;
(4) a ubiquitous, advanced local exchange carrier public
switched network enhances the function and availability of
services provided by all carriers and all other persons
accessing the local exchange carrier public switched network;
and
(5) it is in the public interest to promote development of
the public switched network by local exchange carriers because
they--
(A) have universal service obligations for
geographically specific serving areas for which they
must construct a ubiquitous infrastructure;
(B) provide public switched network services that
are subject to regulation with respect to rates, terms
and conditions;
(C) must provide network access to their own
competitors on nondiscriminatory rates, terms and
conditions; and
(D) are suppliers of last resort to customers in
their serving areas.
SEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934.
(a) Amendment to Section 1.--Section 1 of the Communications Act of
1934 (47 U.S.C. 151) is amended by designating the existing text as
subsection (a), and adding at the end thereof the following new
subsection:
``(b) The Commission shall exercise its authority so as to--
``(1) preserve and enhance universal service at reasonable
rates;
``(2) achieve universal availability of advanced network
capabilities and information services;
``(3) assure a seamless nationwide distribution network
through joint networking planning, coordination and service
arrangements between and among local exchange carriers;
``(4) maintain high standards for quality of advanced
network services; and
``(5) assure adequate communication for the public health,
safety, defense, education, national security and emergency
preparedness.''.
(b) Amendment to Section 2.--Section 2(b) of the Communications Act
of 1934 (47 U.S.C. 152) is amended by deleting ``227'' and inserting in
lieu thereof ``229''.
(c) Amendment to Section 3.--Section 3 of the Communications Act of
1934 (47 U.S.C. 153) is amended by adding at the end thereof the
following new definitions:
``(hh) The term `local exchange carrier' means a carrier which--
``(1) is required to provide upon request, under tariff or
subject to other government oversight (by the Commission or a
State commission), interstate and intrastate access services
and telephone exchange service;
``(2) is, or was, a participant in one or more interstate
pools established by the Commission, or would have been
required to participate in one or more such pools had the
carrier been engaged in interstate and intrastate access and
telephone exchange service while such participation was
mandatory;
``(3) is subject to the requirements imposed by the
Commission or a State commission related to the provision of
equal access; and
``(4) conforms with the provisions of the North American
Numbering Plan applicable to the assignment of numbering
resources for telephone exchange service, as defined by the
Plan's Administrator.
``(ii) The term `Modification of Final Judgment' means the decree
entered August 24, 1982, in United States v. Western Electric, Civil
Action No. 82-0192 (United States District Court, District of
Columbia).''.
(d) Amendment to Title II.--Title II of the Communications Act of
1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof
the following new sections:
``SEC. 228. NETWORK PLANNING AND STANDARDS.
``The Commission shall, within 180 days following the date of the
enactment of this section, prescribe regulations that require--
``(1) joint coordinated network planning, design and
cooperative implementation among all local exchange carriers in
the provision of public switched network infrastructure and
services; and
``(2) development of standards for interconnection between
the local exchange carrier public switched network and others
by appropriate standard-setting bodies.
``SEC. 229. INFRASTRUCTURE SHARING ARRANGEMENTS BETWEEN OR AMONG LOCAL
EXCHANGE CARRIERS.
``(a) Within 180 days following the date of the enactment of this
section, the Commission shall prescribe regulations that require a
local exchange carrier to share public switched network infrastructure
and functionality with requesting local exchange carriers lacking
economies of scale or scope, as defined in subsection (b).
``(b) For the purposes of this section, the term `local exchange
carrier lacking economies of scale or scope' means any local exchange
carrier which serves a geographic area for which it lacks economies of
scale or scope for the particular required network functionality.
``(c) The regulations governing such sharing between or among local
exchange carriers shall--
``(1) promote economically efficient decision-making by
local exchange carriers;
``(2) not require any local exchange carrier to make any
decision that is uneconomic or adverse to the public interest;
``(3) permit, but not require, joint ownership and
operation of public switched network infrastructure and
services by or among local exchange carriers;
``(4) limit their applicability to local exchange carriers;
``(5) ensure that a local exchange carrier, when sharing
any infrastructure or providing any functionality to other
local exchange carriers pursuant to this section, shall not be
deemed a common carrier for hire when acting in this capacity,
and such arrangements shall not be deemed common carrier
services by the Commission or by any State commission;
``(6) ensure that fair and reasonable terms and conditions
for and in connection with the business arrangement described
in this section are determined by local exchange carriers in
accordance with general guidelines contained in the regulations
prescribed pursuant to this section;
``(7) establish conditions that promote cooperation between
local exchange carriers; and
``(8) ensure that all regulatory rights and obligations for
and in connection with the business arrangements described in
this section shall be determined exclusively in accordance with
the regulations prescribed pursuant to this section.
``(d) Nothing in this Act shall be construed to enact into law any
economic support currently provided to telephone exchange service or
enact into law any prohibition with regard to new economic support
mechanisms for telephone exchange service or any service other than
telephone exchange service.
``SEC. 230. SIGNALLING.
``Notwithstanding any other law or any restriction or obligation
imposed before the date of enactment of this section pursuant to
Modification of Final Judgment, no local exchange carrier shall be
prohibited from transporting or processing signalling and information
for another local exchange carrier in adjoining or reasonably proximate
serving areas upon request of that local exchange carrier to the same
extent that the providing local exchange carrier is permitted to engage
in such activities for itself.
``SEC. 231. INTRASTATE COMMUNICATION.
``Except as provided in section 2, nothing in this Act shall be
construed to alter, limit, or supersede the authority of any State with
respect to the regulation of intrastate communication service.''.
SEC. 4. ANTITRUST IMMUNITY FOR LOCAL EXCHANGE CARRIERS.
(a) Nothing contained in any Federal or State antitrust law shall
render unlawful any action taken by a local exchange carrier pursuant
to sections 228, 229, and 230 of the Communications Act of 1934, or any
individual or concerted action taken, including but not limited to,
lobbying before Congress or the Federal Communications Commission or
communicating by any means with other local exchange carriers, by any
local exchange carrier, or its directors, officers, agents, employees,
affiliates, subsidiaries, joint ventures, counsel or other persons
purporting to act on behalf of such carrier.
(b) For purposes of this Act, the following terms are defined to
mean:
(1) The term ``Federal Antitrust Laws'' means the Acts
known as the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act
(15 U.S.C. 12 et seq.), the Robinson-Patman Act (15 U.S.C. 13
et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et
seq.), all subsequent amendments of such Acts, and any and all
other laws which have been or are hereafter enacted to regulate
or prevent contracts, combinations, or conspiracies in
restraint of trade or monopolistic practices.
(2) The term ``State Antitrust Laws'' means all laws
enacted by States or territories within the United States or
their political subdivisions which are patterned after the
Federal laws known as the Sherman Act (15 U.S.C. 1 et seq.),
the Clayton Act (15 U.S.C. 12 et seq.), the Robinson-Patman Act
(15 U.S.C. 13 et seq.), the Federal Trade Commission Act (15
U.S.C. 41 et seq.), or any subsequent amendments to such Acts,
or any other State laws which are not patterned after such
Federal Acts or amendments but which are designed to regulate
or prevent contracts, combinations, or conspiracies in
restraint of trade or monopolistic practices. | Local Exchange Infrastructure Modernization Act of 1993 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to exercise its authority to: (1) preserve and enhance universal telephone service at reasonable rates; (2) achieve universal availability of advanced network capabilities and information services; (3) assure a seamless nationwide distribution network through joint network planning, coordination, and service arrangements between and among local exchange carriers (LECs); (4) maintain high standards of quality for advanced network services; and (5) assure adequate communication for the public health, safety, defense, education, national security, and emergency preparedness.
Defines "local exchange carrier" for purposes of such Act.
Requires the FCC to prescribe regulations that require: (1) joint coordinated network planning, design, and cooperative implementation among all LECs in the provision of public switched network infrastructure and services; (2) development of standards for interconnection between the LEC public switched network and others by appropriate standard-setting bodies; and (3) a LEC to share public switched network infrastructure and functionality with requesting LECs which serve a geographic area for which they lack economies of scale or scope for the particular required network functionality. | Local Exchange Infrastructure Modernization Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Youth Coordination Act''.
SEC. 2. ESTABLISHMENT AND MEMBERSHIP.
(a) Members and Terms.--There is established the Federal Youth
Development Council (in this Act referred to as the ``Council'')
composed of members as follows:
(1) The Attorney General, the Secretary of Agriculture, the
Secretary of Labor, the Secretary of Health and Human Services,
Secretary of Housing and Urban Development, the Secretary of
Education, the Secretary of the Interior, the Secretary of
Commerce, the Secretary of Defense, the Secretary of Homeland
Security, the Director of National Drug Control Policy, the
Director of the Office of Management and Budget, the Assistant
to the President for Domestic Policy, the Director of the
U.S.A. Freedom Corps, the Deputy Assistant to the President and
Director of the Office of Faith-Based and Community
Initiatives, and the Chief Executive Officer of the Corporation
for National and Community Service, or a designee of each such
individual who holds significant decision-making authority, and
other Federal officials as directed by the President, to serve
for the life of the Council.
(2) Any additional members as the President shall appoint
from among representatives of faith-based organizations,
community based organizations, child and youth focused
foundations, universities, non-profit organizations, youth
service providers, State and local government, and youth in
disadvantaged situations. In making the appointments under this
paragraph, the President shall consult with the Speaker of the
House of Representatives, who shall take into account the
recommendations of the Majority Leader and the Minority Leader
of the House of Representatives, and the president pro tempore
of the Senate, who shall take into account the recommendations
of the Majority Leader and the minority Leader of the Senate.
Each member appointed under this paragraph shall serve for 1
term of 2 years.
(b) Chairperson.--The Chairperson of the Council shall be the
Secretary of Health and Human Services.
(c) Meetings.--The Council shall meet at the call of the
Chairperson, not less frequently than 4 times each year. The first
meeting shall be not less than 4 months after the date of enactment of
this Act.
SEC. 3. DUTIES OF THE COUNCIL.
(a) The duties of the Council shall be--
(1) to ensure communication among agencies administering
programs designed to serve youth, especially those in
disadvantaged situations;
(2) to assess the needs of youth, especially those in
disadvantaged situations, and those who work with youth, and
the quantity and quality of Federal programs offering services,
supports, and opportunities to help youth in their educational,
social, emotional, physical, vocational, and civic development;
(3) to recommend objectives and quantifiable 5-year goals
for such programs;
(4) to make recommendations for the allocation of resources
in support of such goals and objectives;
(5) to identify areas of overlap or duplication in purpose
and operation of programs serving youth and recommend ways to
better facilitate coordination and consultation, improve
efficiency, and streamline such programs;
(6) to identify target populations of youth who are
disproportionately at risk and assist agencies in focusing
additional resources on them;
(7) to develop a recommended plan, including common
indicators of youth well-being, and assist agencies, at the
request of 1 or more agency, in coordinating to achieve such
goals and objectives;
(8) to assist Federal agencies, at the request of 1 or more
such agency, in collaborating on model programs and
demonstration projects focusing on special populations,
including youth in foster care, migrant youth, projects to
promote parental involvement, and projects that work to involve
young people in service programs;
(9) to solicit and document ongoing input and
recommendations from--
(A) youth, especially those in disadvantaged
situations;
(B) national youth development experts,
researchers, parents, faith and community-based
organizations, foundations, business leaders, youth
service providers, and teachers; and
(C) State and local government agencies,
particularly agencies serving children and youth; and
(10) to work with Federal agencies to conduct high-quality
research and evaluation, identify and replicate model programs
and best practices, provide technical assistance, and
coordinate the collection and dissemination of youth services-
related data and research.
(b) The Council may provide technical assistance to a State at the
request of a State to support State-funded councils for coordinating
State youth efforts.
SEC. 4. ASSISTANCE OF STAFF.
(a) Director.--The Chairperson, in consultation with the Council,
shall employ and set the rate of pay for a Director.
(b) Staff of Federal Agencies.--Upon request of the Council, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the Council
to assist it in carrying out its duties under this Act.
SEC. 5. POWERS OF THE COUNCIL.
(a) Mails.--The Council may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
(b) Administrative Support Services.--Upon the request of the
Council, the Administrator of General Services shall provide to the
Council, on a reimbursable basis, the administrative support services
necessary for the Council to carry out its responsibilities under this
Act.
SEC. 6. REPORT.
Not later than 1 year after the Council holds its first meeting,
the Council shall transmit to Congress an interim report of its
findings, and not later than 2 years after the Council holds its first
meeting, the Council shall transmit to Congress a final report
including its findings and recommendations. The report shall--
(1) include a comprehensive list of recent research and
statistical reporting by various Federal agencies on the
overall well-being of youth, including the ratings of the
Program Assessment Ratings Tool (PART) of Federal programs
serving youth used by the Office of Management and Budget, if
applicable;
(2) include the assessment of the needs of youth and those
who serve them;
(3) include a summary of the plan called for in section
3(a)(7);
(4) recommend ways to coordinate and improve Federal
training and technical assistance, information sharing, and
communication among the various programs and agencies serving
youth;
(5) include recommendations to better integrate and
coordinate policies across agencies at the Federal, State, and
local levels, including recommendations for legislation and
administrative actions;
(6) include a summary of actions the Council has taken at
the request of Federal agencies to facilitate collaboration and
coordination on youth serving programs and the results of those
collaborations, if available;
(7) include a summary of the action the Council has taken
at the request of States to provide technical assistance under
section 3(b), if applicable; and
(8) include a summary of the input and recommendations from
the groups identified in section 3(a)(9).
SEC. 7. TERMINATION.
The Council shall terminate 60 days after transmitting its final
report under section 6.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,000,000 for each of
fiscal years 2007 and 2008 to carry out this Act.
Passed the House of Representatives November 15, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Federal Youth Coordination Act - Establishes a Federal Youth Development Council to improve administration and coordination of federal programs serving youth.
Designates the Secretary of Health and Human Services as the Chairperson of the Council.
Sets forth Council duties with respect to agencies and programs serving youth, especially disadvantaged youth.
Authorizes the Council to provide technical assistance to a state, at its request, to support state-funded councils for coordinating state youth efforts.
Terminates the Council after transmittal of its final report.
Authorizes appropriations for FY2007 and FY2008. | To establish a Federal Youth Development Council to improve the administration and coordination of Federal programs serving youth, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Terrorism Financing Act of
2003''.
SEC. 2. INCREASED PENALTIES FOR TERRORISM FINANCING.
Section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) is amended--
(1) in subsection (a), by deleting ``$10,000'' and
inserting ``$50,000''.
(2) in subsection (b), by deleting ``ten years'' and
inserting ``twenty years''.
SEC. 3. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.
(a) Amendments to RICO.--Section 1961(1) of title 18, United States
Code, is amended--
(1) in subparagraph (B), by inserting ``section 1960
(relating to illegal money transmitters),'' before ``sections
2251''; and
(2) in subparagraph (F), by inserting ``section 274A
(relating to unlawful employment of aliens),'' before ``section
277''.
(b) Amendments to Section 1956(c)(7).--Section 1956(c)(7)(D) of
title 18, United States Code, is amended by--
(1) inserting ``, or section 2339C (relating to financing
of terrorism)'' before ``of this title''; and
(2) striking ``or any felony violation of the Foreign
Corrupt Practices Act'' and inserting ``any felony violation of
the Foreign Corrupt Practices Act, or any violation of section
208 of the Social Security Act (relating to obtaining funds
through misuse of a social security number)''.
(c) Conforming Amendments to Sections 1956(e) and 1957(e).--
(1) Section 1956(e) of title 18, United States Code, is
amended to read as follows:
``(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and by such components of the Department of the Treasury as the
Secretary of the Treasury may direct, as appropriate, and, with respect
to offenses over which the Department of Homeland Security has
jurisdiction, by such components of the Department of Homeland Security
as the Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has jurisdiction,
by the Postal Service. Such authority of the Secretary of the Treasury,
the Secretary of Homeland Security, and the Postal Service shall be
exercised in accordance with an agreement which shall be entered into
by the Secretary of the Treasury, the Secretary of Homeland Security,
the Postal Service, and the Attorney General. Violations of this
section involving offenses described in paragraph (c)(7)(E) may be
investigated by such components of the Department of Justice as the
Attorney General may direct, and the National Enforcement
Investigations Center of the Environmental Protection Agency.''.
(2) Section 1957(e) of title 18, United States Code, is
amended to read as follows:
``(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and by such components of the Department of the Treasury as the
Secretary of the Treasury may direct, as appropriate, and, with respect
to offenses over which the Department of Homeland Security has
jurisdiction, by such components of the Department of Homeland Security
as the Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has jurisdiction,
by the Postal Service. Such authority of the Secretary of the Treasury,
the Secretary of Homeland Security, and the Postal Service shall be
exercised in accordance with an agreement which shall be entered into
by the Secretary of the Treasury, the Secretary of Homeland Security,
the Postal Service, and the Attorney General.''.
SEC. 4. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN
COUNTRIES OR INTERNATIONAL ORGANIZATIONS.
Section 981(a)(1)(G) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by inserting the following after clause (iii):
``(iv) of any individual, entity, or
organization engaged in planning or
perpetrating any act of international terrorism
(as defined in section 2331) against any
international organization (as defined in
section 209 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4309(b))) or
against any foreign Government. Where the
property sought for forfeiture is located
beyond the territorial boundaries of the United
States, an act in furtherance of such planning
or perpetration must have occurred within the
jurisdiction of the United States.''.
SEC. 5. MONEY LAUNDERING THROUGH HAWALAS.
Section 1956 of title 18, United States Code, is amended by adding
at the end the following:
``(j)(1) For the purposes of subsections (a)(1) and (a)(2), a
transaction, transportation, transmission, or transfer of funds shall
be considered to be one involving the proceeds of specified unlawful
activity, if the transaction, transportation, transmission, or transfer
is part of a set of parallel or dependent transactions, any one of
which involves the proceeds of specified unlawful activity.
``(2) As used in this section, a `dependent transaction' is one
that completes or complements another transaction or one that would not
have occurred but for another transaction.''.
SEC. 6. CLASSIFIED INFORMATION IN MONEY LAUNDERING PROCEEDINGS.
Section 5318A of title 31, United States Code (as added by section
311 of the USA PATRIOT Act of 2001) is amended by adding at the end the
following new subsection:
``(f) Classified Information.--In any judicial review of a finding
of the existence of a primary money laundering concern, or the
requirement for one or more special measures with respect to a primary
money laundering concern, made under this section, if the designation
or imposition or both were based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act), such
information may be submitted by the Secretary to the reviewing court ex
parte and in camera. This subsection does not confer or imply any right
to judicial review of any finding made or requirement imposed under
this section.''.
SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA PATRIOT
ACT.
(a) Technical Corrections.--
(1) Sections 5312(a)(3)(C) and 5324(b) of title 31 are
amended by striking ``5333'' each time it appears and inserting
``5331''.
(2) Section 322 of Public Law 107-56 is amended by striking
``title 18'' and inserting ``title 28''.
(3) Section 5318(k)(1)(B) of title 31, United States Code,
is amended by striking ``5318A(f)(1)(B)'' and inserting
``5318A(e)(1)(B)''.
(4) Section 5332(a)(1) of title 31, United States Code, is
amended by striking ``article of luggage'' and inserting
``article of luggage or mail''.
(5) Section 1956(b)(3) and (4) of title 18, United States
Code, are amended by striking ``described in paragraph (2)''
each time it appears; and
(6) Section 981(k) of title 18, United States Code, is
amended by striking ``foreign bank'' each time it appears and
inserting ``foreign bank or financial institution''.
(b) Codification of Section 316 of the USA PATRIOT Act.--
(1) Chapter 46 of title 18, United States Code, is
amended--
(A) by inserting at the end the following:
``Sec. 987. Anti-terrorist forfeiture protection
``(a) Right to Contest.--An owner of property that is confiscated
under this chapter or any other provision of law relating to the
confiscation of assets of suspected international terrorists, may
contest that confiscation by filing a claim in the manner set forth in
the Federal Rules of Civil Procedure (Supplemental Rules for Certain
Admiralty and Maritime Claims), and asserting as an affirmative defense
that--
``(1) the property is not subject to confiscation under
such provision of law; or
``(2) the innocent owner provisions of section 983(d) apply
to the case.
``(b) Evidence.--In considering a claim filed under this section, a
court may admit evidence that is otherwise inadmissible under the
Federal Rules of Evidence, if the court determines that the evidence is
reliable, and that compliance with the Federal Rules of Evidence may
jeopardize the national security interests of the United States.
``(c) Clarifications.--
``(1) Protection of rights.--The exclusion of certain
provisions of Federal law from the definition of the term
`civil forfeiture statute' in section 983(i) shall not be
construed to deny an owner of property the right to contest the
confiscation of assets of suspected international terrorists
under--
``(A) subsection (a) of this section;
``(B) the Constitution; or
``(C) subchapter II of chapter 5 of title 5, United
States Code (commonly known as the `Administrative
Procedure Act').
``(2) Savings clause.--Nothing in this section shall limit
or otherwise affect any other remedies that may be available to
an owner of property under section 983 or any other provision
of law.''; and
(B) in the chapter analysis, by inserting at the
end the following:
``987. Anti-terrorist forfeiture protection.''.
(2) Subsections (a), (b), and (c) of section 316 of Public
Law 107-56 are repealed.
(c) Conforming Amendments Concerning Conspiracies.--
(1) Section 33(a) of title 18, United States Code is
amended by inserting ``or conspires'' before ``to do any of the
foregoing''.
(2) Section 1366(a) of title 18, United States Code, is
amended--
(A) by striking ``attempts'' each time it appears
and inserting ``attempts or conspires''; and
(B) by inserting ``, or if the object of the
conspiracy had been achieved,'' after ``the attempted
offense had been completed''.
SEC. 8. TECHNICAL CORRECTIONS TO FINANCING OF TERRORISM STATUTE.
(a) Section 2339C(c)(2) of title 18, United States Code, is
amended--
(1) by striking ``resources, or funds'' and inserting
``resources, or any funds or proceeds of such funds'';
(2) in subparagraph (A), striking ``were provided'' and
inserting ``are to be provided, or knowing that the support or
resources were provided,''; and
(3) in subparagraph (B)--
(A) by striking ``or any proceeds of such funds'';
and
(B) by striking ``were provided or collected'' and
inserting ``are to be provided or collected, or knowing
that the funds were provided or collected,''.
(b) Section 2339C(e) is amended--
(1) by striking ``and'' at the end of paragraph (12);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following new
paragraph:
``(13) the term `material support or resources' has the
same meaning as in section 2339A(b) of this title; and''.
(c) Section 2332b(g)(5)(B) of title 18, United States Code, is
amended by inserting ``)'' after ``2339C (relating to financing of
terrorism''. | Combating Terrorism Financing Act of 2003 - Amends the International Emergency Economic Powers Act to increase penalties for violating a license, order, or regulation under the Act.
Amends the Racketeer Influenced and Corrupt Organizations Act to expand its scope to include offenses relating to the financing of terrorism and violations of the Social Security Act relating to obtaining funds through the misuse of a social security number. Authorizes the Department of Homeland Security to investigate violations of money laundering and related offenses. Directs that a transaction or transfer of funds be considered to involve the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions involving such proceeds.
Amends the Federal criminal code to: (1) provide for civil forfeiture to the United States of the assets of any individual or organization engaged in planning or perpetrating an act of international terrorism against any international organization or against any foreign government; and (2) establish procedures for contesting the confiscation of assets of suspected international terrorists.
Amends the USA PATRIOT Act of 2001 to authorize the Secretary of the Treasury, in any judicial review of a finding of the existence of a primary money laundering concern the designation of which was based on classified information, to submit such information to the reviewing court ex parte and in camera. | To combat terrorism financing, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Satellite Compulsory License
Extension Act of 1994''.
SEC. 2. STATUTORY LICENSE FOR SATELLITE CARRIERS.
Section 119 of title 17, United States Code, is amended--
(1) in subsection (a)(2)(C)--
(A) by striking out ``90 days after the effective
date of the Satellite Home Viewer Act of 1988, or'';
(B) by striking out ``whichever is later,'';
(C) by inserting ``name and'' after ``identifying
(by'' each place it appears; and
(D) by striking out ``, on or after the effective
date of the Satellite Home Viewer Act of 1988,'';
(2) in subsection (a)(5)--
(A) in subparagraph (C) by striking out ``the
Satellite Home Viewer Act of 1988'' and inserting in
lieu thereof ``this section''; and
(B) by adding at the end thereof the following new
subparagraphs:
``(D) Burden of proof.--In any action brought under
this subsection, the satellite carrier shall have the
burden of proof (in the case of a primary transmission
by a network station) that a subscriber is an unserved
household.
``(E) Signal intensity measurement; loser pays.--
``(i) Grade b contour.--(I) Within the
Grade B Contour, upon a challenge by a network
affiliate regarding whether a subscriber is an
unserved household, the satellite carrier
shall--
``(aa) deauthorize service to that
household; or
``(bb) conduct a measurement of the
signal intensity of the subscriber's
household to determine whether the
household is unserved.
``(II) If the carrier conducts a signal
intensity measurement under subclause (I) and
the measurement indicates that--
``(aa) the household is not an
unserved household, the carrier shall
immediately deauthorize the service to
that household; or
``(bb) the household is an unserved
household, the affiliate challenging
the service shall reimburse the carrier
for the costs of the signal
measurement, within 45 days after
receipt of the measurement results and
a statement of the costs.
``(III)(aa) Notwithstanding subclause (II),
a carrier may not be required to test in excess
of 5 percent of the subscribers that have
subscribed to service before the effective date
of the Satellite Compulsory License Extension
Act of 1994, within any market during a
calendar year.
``(bb) If a network affiliate challenges
whether a subscriber is an unserved household
in excess of the 5 percent of the subscribers
within any market, the affiliate may conduct
its own signal intensity measurement. If such
measurement indicates that the household is not
an unserved household, the carrier shall
immediately deauthorize service to that
household and reimburse the affiliate, within
45 days after receipt of the measurement and a
statement of costs.
``(ii) Outside the grade b contour.--(I)
Outside the Grade B Contour, if a network
affiliate challenges whether a subscriber is an
unserved household the affiliate shall conduct
a signal intensity measurement of the
subscriber's household to determine whether the
household is unserved.
``(II) If the affiliate conducts a signal
intensity measurement under subclause (I) and
the measurement indicates that--
``(aa) the household is not an
unserved household, the affiliate shall
forward the results to the carrier who
shall immediately deauthorize service
to the household, and reimburse the
affiliate within 45 days after receipt
of the results and a statement of the
costs; or
``(bb) the household is an unserved
household, the affiliate shall pay the
costs of the measurement.
``(iii) Recovery of measurement costs in a
civil action.--In any civil action filed
relating to the eligibility of subscribing
households, a challenging affiliate shall
reimburse a carrier for any signal intensity
measurement that indicates the household is an
unserved household.'';
(3) in subsection (b)(1)(B)--
(A) in clause (i) by striking out ``12 cents'' and
inserting in lieu thereof ``17.5 cents per subscriber
in the case of superstations not subject to syndicated
exclusivity under the regulations of the Federal
Communications Commission, and 14 cents per subscriber
in the case of superstations subject to such syndicated
exclusivity''; and
(B) in clause (ii) by striking out ``3'' and
inserting in lieu thereof ``6'';
(4) in subsection (c)--
(A) in the heading for paragraph (1) by striking
out ``Determination'' and inserting in lieu thereof
``Adjustment'';
(B) in paragraph (1)--
(i) by striking out ``December 31, 1992,
unless''; and
(ii) by striking out ``After that date,''
and inserting in lieu thereof ``All adjustments
of'';
(C) in paragraph (2)--
(i) in subparagraph (A) by striking out
``July 1, 1991,'' and inserting in lieu thereof
``January 1, 1996,''; and
(ii) in subparagraph (D) by striking out
``until December 31, 1994'' and inserting in
lieu thereof ``in accordance with the terms of
the agreement''; and
(D) in paragraph (3)(A) by striking out ``December
31, 1991,'' and inserting in lieu thereof ``July 1,
1996,''; and
(5) in subsection (d)--
(A) by amending paragraph (2) to read as follows:
``(2) Network station.--The term `network station' means--
``(A) a television broadcast station, including any
translator station or terrestrial satellite station
that rebroadcasts all or substantially all of the
programming broadcast by a network station, that is
owned or operated by, or affiliated with, one or more
of the television networks in the United States which
offer an interconnected program service on a regular
basis for 15 or more hours per week to at least 25 of
its affiliated television licensees in 10 or more
States; or
``(B) any noncommercial educational station, as
defined in section 111(f) of this title, that is a
member of the public broadcasting service.''; and
(B) in paragraph (6) by inserting ``and operates in
the Fixed Satellite Service under part 25 of title 47
of the Code of Federal Regulations or the Direct
Broadcast Satellite Service under part 100 of title 47
of the Code of Federal Regulations,'' after
``Commission,''.
SEC. 3. CABLE COMPULSORY LICENSE.
Section 111(f) of title 17, United States Code, is amended--
(1) in the paragraph relating to the definition of ``cable
system'' by striking out ``wires, cables'' and inserting in
lieu thereof ``wires, microwave, cables''; and
(2) in the paragraph relating to the definition of ``local
service area of a primary transmitter''--
(A) by striking out ``comprises the area'' and
inserting in lieu thereof ``comprises either the
area''; and
(B) by inserting after ``April 15, 1976,'' the
following: ``or such station's television market as
defined in section 76.55(e) of title 47, Code of
Federal Regulations (as in effect on September 18,
1993), or any subsequent modifications to such
television market made pursuant to section 76.55(e) or
76.59 of title 47 of the Code of Federal
Regulations,''.
SEC. 4. TERMINATION.
(a) Expiration of Amendments.--Section 119 of title 17, United
States Code, as amended by section 2 of this Act, ceases to be
effective on December 31, 1999.
(b) Technical and Conforming Amendment.--Section 207 of the
Satellite Home Viewer Act of 1988 (17 U.S.C. 119 note) is repealed.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as provided under subsection (b), the
provisions of this Act and amendments made by this Act shall take
effect on the date of the enactment of this Act.
(b) Burden of Proof Provisions.--The provisions of section
119(a)(5)(D) of title 17, United States Code, (as added by section
2(2)(B) of this Act) relating to the burden of proof of satellite
carriers, shall take effect on January 1, 1997, with respect to civil
actions relating to the eligibility of subscribers who subscribed to
service as an unserved household before the date of the enactment of
this Act.
Passed the Senate May 18 (legislative day, May 16), 1994.
Attest:
MARTHA S. POPE,
Secretary. | Satellite Home Viewer Act of 1994 - Amends copyright law with respect to satellite carrier compulsory licenses to require the subscriber information list submitted by a satellite carrier that makes secondary transmissions of a primary transmission by a network station to include the names of the subscribers.
(Sec. 2) Provides that in any action relating to the violation of territorial restrictions on statutory license for network stations the satellite carrier shall have the burden of proving that its secondary transmission is for private home viewing to an unserved household.
Revises: (1) the formula used by the satellite carrier to compute the royalty fee to be deposited semiannually with the Register of Copyrights to increase the fees for secondary transmissions subject to statutory licensing; and (2) dates and procedures regarding the adjustment of such royalty fee. Requires a copyright royalty arbitration panel, in determining such fees, to establish a rate for the secondary transmission of network stations and superstations that reflects the fair market value of such transmissions. Directs the panel to base its decision upon economic, competitive, and programming information presented by the parties and to take into account the competitive environment in which such programming is distributed.
Provides that, upon a challenge by a network station regarding whether a subscriber is an unserved household, a satellite carrier shall terminate service to the household and notify the network station of such termination or conduct a measurement of the signal intensity of the subscribers's household to determine whether the household is unserved and, if so, terminate service. Requires the challenging station to reimburse a carrier for any signal intensity measurement that indicates the household is an unserved household.
Revises the definition of a "network station" for purposes of cable and satellite carrier compulsory license provisions to be: (1) a television broadcast station owned or operated by, or affiliated with, one or more of the U.S. television networks which offer an interconnected program service on a regular basis for 15 or more hours per week to at least 25 of its affiliated television licensees in ten or more States; or (2) any noncommercial educational station. Revises the definition of: (1) "satellite carrier" to specify that such a carrier operates in the Fixed Satellite Service or the Direct Broadcast Satellite Service; (2) "cable system" to include a facility that makes secondary transmissions of broadcast signals by microwave cables; and (3) "local service area of a primary transmitter" (in the case of a television broadcast station) to comprise either the area of which such station is entitled to insist upon its signal being retransmitted by a cable system pursuant to the rules, regulations, and authorizations of the Federal Communications Commission in effect on April 15, 1976, such station's television market (as in effect on September 18, 1993), or any subsequent modifications to such television market.
(Sec. 4) Terminates the provisions of section 2 of this Act on December 31, 1999. | Satellite Home Viewer Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Physical Fitness and Sports
Foundation Establishment Act''.
SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.
(a) Establishment.--There is established the National Physical
Fitness and Sports Foundation (hereinafter in this Act referred to as
the ``Foundation''). The Foundation shall be a charitable and not for
profit corporation and shall not be an agency or establishment of the
United States. The Foundation shall be established as an organization
described in section 501(c)(3) of the Internal Revenue Code of 1986 and
shall be presumed, for purposes of such Code, to be such an
organization until the Secretary of the Treasury determines that the
Foundation does not meet the requirements applicable to such an
organization. Section 508(a) of such Code does not apply to the
Foundation.
(b) Purposes.--It is the purpose of the Foundation to--
(1) in conjunction with the President's Council on Physical
Fitness and Sports, develop a list and description of programs,
events and other activities which would further the goals
outlined in Executive Order 12345 and with respect to which
combined private and governmental efforts would be beneficial;
and
(2) encourage and promote the participation by private
organizations in the activities referred to in subsection
(b)(1) and to encourage and promote private gifts of money and
other property to support those activities.
(c) Disposition of Money and Property.--At least annually the
Foundation shall transfer, after the deduction of the administrative
expenses of the Foundation, the balance of any contributions received
for the activities referred to in subsection (b), to the Public Health
Service Gift Fund pursuant to section 231 of the Public Health Service
Act (42 U.S.C. 238) for expenditure pursuant to the provisions of that
section and consistent with the purposes for which the funds were
donated.
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--
(1) In general.--The Foundation shall have a governing
Board of Directors (hereinafter referred to in this Act as the
``Board''), which shall consist of nine Directors, to be
appointed not later than 90 days after the date of enactment of
this Act, each of whom shall be a United States citizen and--
(A) three of whom must be knowledgeable or
experienced in one or more fields directly connected
with physical fitness, sports or the relationship
between health status and physical exercise; and
(B) six of whom must be leaders in the private
sector with a strong interest in physical fitness,
sports or the relationship between health status and
physical exercise (one of which shall be a
representative of the United States Olympic Committee).
The membership of the Board, to the extent practicable, shall
represent diverse professional specialties relating to the
achievement of physical fitness through regular participation
in programs of exercise, sports and similar activities.
(2) Ex officio members.--The Assistant Secretary for
Health, the Executive Director of the President's Council on
Physical Fitness and Sports, the Director for the National
Center for Chronic Disease Prevention and Health Promotion, the
Director of the National Heart, Lung, and Blood Institute and
the Director for the Centers for Disease Control and Prevention
shall serve as ex officio, nonvoting members of the Board.
(3) Not federal employment.--Appointment to the Board or
serving as a member of the staff of the Board shall not
constitute employment by, or the holding of an office of, the
United States for the purposes of any Federal employment or
other law.
(b) Appointment and Terms.--
(1) Appointment.--Of the members of the Board appointed
under subsection (a)(1), three shall be appointed by the
Secretary of Health and Human Services (hereinafter referred to
in this Act as the ``Secretary''), two shall be appointed by
the Majority Leader of the Senate, one shall be appointed by
the Minority Leader of the Senate, two shall be appointed by
the Speaker of the House of representatives, and one shall be
appointed by the Minority Leader of the House of
Representatives. The three members appointed by the Secretary
shall include the representative of the United States Olympic
Committee.
(2) Terms.--Members appointed to the Board under subsection
(a)(1) shall serve for a term of 6 years. A vacancy on the
Board shall be filled within 60 days of the date on which such
vacancy occurred in the manner in which the original
appointment was made. A member appointed to fill a vacancy
shall serve for the balance of the term of the individual who
was replaced. No individual may serve more than two consecutive
terms as a Director.
(c) Chairperson.--A Chairperson shall be elected by the Board from
among its members and serve for a 2-year term. The Chairperson shall
not be limited in terms or service. The Chairman of the President's
Council on Physical Fitness shall serve as Chairperson until a
Chairperson is elected by the Board.
(d) Quorum.--A majority of the sitting members of the Board shall
constitute a quorum for the transaction of business.
(e) Meetings.--The Board shall meet at the call of the Chairperson,
but in no event less than once each year. If a Director misses three
consecutive regularly scheduled meetings, that individual may be
removed from the Board and the vacancy filled in accordance with
subsection (b)(2).
(f) Reimbursement of Expenses.--The members of the Board shall
serve without pay. The members of the Board shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Board.
(g) General Powers.--
(1) Organization.--The Board may complete the organization
of the Foundation by--
(A) appointing officers and employees;
(B) adopting a constitution and bylaws consistent
with the purposes of the Foundation and the provision
of this Act; and
(C) undertaking such other acts as may be necessary
to carry out the provisions of this Act.
In establishing bylaws under this paragraph, the Board shall
provide for policies with regard to financial conflicts of
interest and ethical standards for the acceptance, solicitation
and disposition of donations and grants to the Foundation.
(2) Limitations on officers and employees.--The following
limitations apply with respect to the appointment of officers
and employees of the Foundation:
(A) Officers and employees may not be appointed
until the Foundation has sufficient funds to compensate
such individuals for their service. No individual so
appointed may receive pay in excess of the annual rate
of basic pay in effect for Executive Level V in the
Federal service.
(B) The first officer or employee appointed by the
Board shall be the secretary of the Board who--
(i) shall serve, at the direction of the
Board, as its chief operating officer; and
(ii) shall be knowledgeable and experienced
in matters relating to physical fitness and
sports.
(C) No Public Health Service employee nor the
spouse or dependent relative of such an employee may
serve as an officer or member of the Board of Directors
or as an employee of the Foundation.
(D) Any individual who is an officer, employee, or
member of the Board of the Foundation may not (in
accordance with the policies developed under paragraph
(1)(B)) personally or substantially participate in the
consideration or determination by the Foundation of any
matter that would directly or predictably affect any
financial interest of the individual or a relative (as
such term is defined in section 109(16) of the Ethics
in Government Act of 1978) of the individual, of any
business organization or other entity, or of which the
individual is an officer or employee, or is negotiating
for employment, or in which the individual has any
other financial interest.
SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) In General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several States,
territories, and possessions of the United States;
(3) shall locate its principal offices in or near the
District of Columbia; and
(4) shall at all times maintain a designated agent
authorized to accept service of process for the Foundation.
The serving of notice to, or service of process upon, the agent
required under paragraph (4), or mailed to the business address of such
agent, shall be deemed as service upon or notice to the Foundation.
(b) Seal.--The Foundation shall have an official seal selected by
the Board which shall be judicially noticed.
(c) Powers.--To carry out the purposes under section 2, the
Foundation shall have the usual powers of a corporation acting as a
trustee in the District of Columbia, including the power--
(1) except as otherwise provided herein, to accept,
receive, solicit, hold, administer and use any gift, devise, or
bequest, either absolutely or in trust, of real or personal
property or any income therefrom or other interest therein;
(2) to acquire by purchase or exchange any real or personal
property or interest therein;
(3) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest, retain or
otherwise dispose of any property or income therefrom;
(4) to sue and be sued, and complain and defend itself in
any court of competent jurisdiction, except for gross
negligence;
(5) to enter into contracts or other arrangements with
public agencies and private organizations and persons and to
make such payments as may be necessary to carry out its
functions; and
(6) to do any and all acts necessary and proper to carry
out the purposes of the Foundation.
For purposes of this Act, an interest in real property shall be treated
as including, among other things, easements or other rights for
preservation, conservation, protection, or enhancement by and for the
public of natural, scenic, historic, scientific, educational,
inspirational or recreational resources. A gift, devise, or bequest may
be accepted by the Foundation even though it is encumbered, restricted
or subject to beneficial interests of private persons if any current or
future interest therein is for the benefit of the Foundation.
SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES.
(a) Protection.--Without the consent of the Foundation, in
conjunction with the President's Council on Physical Fitness and
Sports, any person who uses for the purpose of trade, to induce the
sale of any goods or services, or to promote any theatrical exhibition,
athletic performance or competition--
(1) the official seal of the President's Council on
Physical Fitness and Sports consisting of the eagle holding an
olive branch and arrows with shield breast encircled by name
``President's Council on Physical Fitness and Sports'';
(2) the official seal of the Foundation;
(3) any trademark, trade name, sign, symbol or insignia
falsely representing association with or authorization by the
President's Council on Physical Fitness and Sports or the
Foundation;
shall be subject in a civil action by the Foundation for the remedies
provided for in the Act of July 9, 1946 (60 Stat. 427; commonly known
as the Trademark Act of 1946).
(b) Uses.--The Foundation, in conjunction with the President's
Council on Physical Fitness and Sports, may authorize contributors and
suppliers of goods or services to use the trade name of the President's
Council on Physical Fitness and Sports and the Foundation, as well as
any trademark, seal, symbol, insignia, or emblem of the President's
Council on Physical Fitness and Sports or the Foundation, in
advertising that the contributions, goods or services when donated,
supplied, or furnished to or for the use of, approved, selected, or
used by the President's Council on Physical Fitness and Sports or the
Foundation.
SEC. 6. VOLUNTEER STATUS.
The Foundation may accept, without regard to the civil service
classification laws, rules, or regulations, the services of volunteers
in the performance of the functions authorized herein, in the same
manner as provided for under section 7(c) of the Fish and Wildlife Act
of 1956 (16 U.S.C. 742f(c)).
SEC. 7. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL
FOR EQUITABLE RELIEF.
(a) Audits.--For purposes of Public Law 88-504 (36 U.S.C. 1101 et
seq.), the Foundation shall be treated as a private corporation under
Federal law. The Inspector General of the Department of Health and
Human Services and the Comptroller General of the United States shall
have access to the financial and other records of the Foundation, upon
reasonable notice.
(b) Report.--The Foundation shall, as soon as practicable after the
end of each fiscal year, transmit to the Secretary and to Congress a
report of its proceedings and activities during such year, including a
full and complete statement of its receipts, expenditures, and
investments.
(c) Relief With Respect to Certain Foundation Acts or Failure To
Act.--If the Foundation--
(1) engages in, or threatens to engage in, any act,
practice or policy that is inconsistent with the purposes
described in section 2(b); or
(2) refuses, fails, or neglects to discharge its
obligations under this Act, or threaten to do so;
the Attorney General may petition in the United States District Court
for the District of Columbia for such equitable relief as may be
necessary or appropriate.
Passed the Senate September 25, 1996.
Attest:
Secretary.
104th CONGRESS
2d Session
S. 1311
_______________________________________________________________________
AN ACT
To establish a National Physical Fitness and Sports Foundation to carry
out activities to support and supplement the mission of the President's
Council on Physical Fitness and Sports, and for other purposes. | National Physical Fitness and Sports Foundation Establishment Act - Establishes the National Physical Fitness and Sports Foundation as a charitable and not for profit corporation to promote participation by private organizations in the activities of the President's Council on Physical Fitness and Sports. | National Physical Fitness and Sports Foundation Establishment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Monument Designation
Transparency and Accountability Act of 2011''.
SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONUMENTS.
Section 2 of the Act of June 8, 1906 (commonly known as the
``Antiquities Act of 1906'') (16 U.S.C. 431) is amended--
(1) by striking ``sec. 2. That the President'' and
inserting the following:
``SEC. 2. DESIGNATION OF NATIONAL MONUMENTS.
``(a) In General.--Subject to the requirements of this section, the
President'';
(2) by striking ``Provided, That when such objects are
situated upon'' and inserting the following:
``(b) Relinquishment of Private Claims.--In cases in which an
object described in subsection (a) is located on'';
(3) in subsection (a) (as designated by paragraph (1)), by
striking ``compatible with the proper care and mangagement of
the objects to be protected:'' and inserting ``necessary to
ensure the proper care and mangagement of the objects to be
protected.''; and
(4) by adding at the end the following:
``(c) Requirements for Designation of National Monuments.--
``(1) In general.--The President may not issue a
proclamation to designate a national monument under subsection
(a) before the date that is 30 days after the date on which the
President provides the proposed proclamation to--
``(A) Congress; and
``(B) the Governor of each State, the chief elected
official of each unit of local government, and the
governing entity of each tribal government with
jurisdiction over any parcel of land located within the
boundary of the proposed national monument.
``(2) Public participation.--
``(A) Public hearing requirement.--
``(i) In general.--Subject to clause (v),
not later than 90 days after the date on which
the President issues a proclamation under
subsection (a), the Secretary of the Interior
(referred to in this section as the
`Secretary') shall hold at least 1 public
hearing within a county or comparable unit of
local government, any part of which is located
within the boundary of the proposed national
monument.
``(ii) Notice.--Not later than 30 days
before a public hearing is to be held under
clause (i), the Secretary shall provide notice
of the hearing to the public, including by
publishing a notice in local newspapers and
sending a written notice to stakeholders of the
appropriate National Forest or Bureau of Land
Management district.
``(iii) Participation; comments.--The
Secretary shall--
``(I) ensure that all interested
individuals are afforded an opportunity
to participate in a hearing held under
clause (i);
``(II) solicit comments from the
public at the hearing; and
``(III) enter into the record all
comments received at, or related to,
the hearing.
``(iv) Availability of record.--
``(I) In general.--As soon as
practicable after the date of a hearing
held under clause (i), the Secretary
shall make the record of the hearing
(including a transcript of the hearing)
available to the public on the Internet
or by other electronic means.
``(II) Components.--The Secretary
shall ensure that any components of the
record of the hearing that are
completed before the entire record is
finalized are made available on
completion of each of the components.
``(v) Waiver.--The Secretary may decline to
hold a public hearing under clause (i) if each
unit of local government and tribal government
within the boundary of the proposed national
monument expressly waives the right to a
hearing.
``(B) Notice and comment period requirement.--Not
later than 30 days after the date on which the
President issues a proclamation under subsection (a),
the Secretary shall initiate a notice and comment
period to receive comments from the public regarding
the proclamation.
``(C) Report.--
``(i) Contents.--Not later than 1 year
after the date on which the President issues a
proclamation designating a national monument
under subsection (a), the President shall
submit to Congress a report that includes--
``(I) an analysis of the economic
impact of the designation on the
communities within the boundary of the
national monument, including an
estimate of the tax revenues that would
be lost to, or gained by, the Federal
Government and State and local
governments as a result of the
designation;
``(II) an analysis of the impact
the designation would have on energy
security, including--
``(aa) an analysis of the
effects of the loss of sites to
produce wind, geothermal, or
solar energy; and
``(bb) an estimate of the
number of barrels of oil, tons
of coal, or cubic feet of
natural gas that would become
unavailable as a result of the
proclamation;
``(III) the projected impact of the
designation on interests, rights, and
uses associated with the parcels of
land within the boundary of the
national monument (including water
rights, hunting, grazing, timber
production, vegetation manipulation to
maintain forest health, off-road
vehicle use, hiking, horseback riding,
and mineral and energy leases, claims,
and permits);
``(IV) the record of any hearings
held under subparagraph (A); and
``(V) any written comments received
during the notice and comment period
under subparagraph (B).
``(ii) Required coordination.--The
preparation of the report under clause (i)
shall be coordinated with the governing bodies
described in section 210 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1720).
``(iii) Publication.--The President shall
ensure that there is published on the White
House website--
``(I) during the period in which
the report prepared under clause (i) is
being compiled, each component of the
report that is completed, on completion
of the component; and
``(II) on submission of the report
to Congress, the completed report.
``(D) Implementation guidelines.--The Secretary, in
cooperation with the States, shall develop and publish
guidelines to provide for the implementation of this
paragraph.
``(3) Congressional approval of proclamation.--
``(A) Approval required.--A proclamation issued
under subsection (a) shall cease to be effective on the
date that is 2 years after the date on which the
President issued the proclamation, unless the
proclamation is approved by an Act of Congress on or
before the last day of that 2-year period.
``(B) Management of land before approval.--During
the period beginning on the date of issuance of a
proclamation under subsection (a) and the date of
approval of the proclamation under subparagraph (A),
the President shall ensure that any restriction placed
on land and interests, rights, or uses associated with
the parcels of land designated as a national monument
(including water rights, hunting, grazing, timber
production, vegetation manipulation to maintain forest
health, off-road vehicle use, hiking, horseback riding,
and mineral and energy leases, claims, and permits) is
narrowly tailored and necessary for the proper care and
management of the objects to be protected.
``(C) Effect of nonapproval.--If Congress does not
approve a proclamation to designate a national monument
under subparagraph (A), any reservation of land made by
the proclamation, and any restriction imposed as a
result of the proclamation on interests, rights, or
uses associated with the parcels of land, shall cease
to be effective on the date that is 2 years after the
date of the issuance of the proclamation.
``(D) Prohibition on repeat proclamations.--The
President may not issue a proclamation that is
substantially similar to a proclamation previously
issued under subsection (a) that Congress has not
approved under subparagraph (A).
``(d) Limitation on Restrictions.--The President shall ensure that
any restriction placed on land and interests, rights, or uses
associated with the parcels of land designated as a national monument
by a proclamation issued under this section is narrowly tailored and
necessary to ensure the proper care and management of the objects to be
protected.
``(e) Effect on Certain States.--Nothing in this section affects--
``(1) the limitations on designations in the State of
Alaska under section 906(j)(5) of the Alaska National Interest
Lands Conservation Act (43 U.S.C. 1635(j)(5)); or
``(2) the limitations on designations in the State of
Wyoming under the proviso of the last sentence of the first
section of the Act of September 14, 1950 (64 Stat. 849, chapter
950; 16 U.S.C. 431a).''. | National Monument Designation Transparency and Accountability Act of 2011 - Amends the Antiquities Act of 1906 to require land reserved as part of a national monument to be confined to the smallest area necessary to ensure the proper care and management of the objects to be protected by the monument.
Sets forth requirements for the designation of national monuments under the Act. | A bill to amend the Act of June 8, 1906, to require certain procedures for designating national monuments, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Security Officer Employment
Authorization Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) employment of private security officers in the United
States is growing rapidly;
(2) private security officers function as an adjunct to,
but not a replacement for, public law enforcement by helping to
reduce and prevent crime;
(3) such private security officers protect individuals,
property, and proprietary information, and provide protection
to such diverse operations as banks, hospitals, research and
development centers, manufacturing facilities, defense and
aerospace contractors, high technology businesses, nuclear
power plants, chemical companies, oil and gas refineries,
airports, communication facilities and operations, office
complexes, schools, residential properties, apartment
complexes, gated communities, and others;
(4) sworn law enforcement officers provide significant
services to the citizens of the United States in its public
areas, and are supplemented by private security officers;
(5) the threat of additional terrorist attacks requires
cooperation between public and private sectors and demands
professional, reliable, and responsible security officers for
the protection of people, facilities, and institutions;
(6) the trend in the Nation toward growth in such security
services has accelerated rapidly;
(7) such growth makes available more public sector law
enforcement officers to combat serious and violent crimes,
including terrorism;
(8) the American public deserves the employment of
qualified, well-trained private security personnel as an
adjunct to sworn law enforcement officers; and
(9) private security officers and applicants for private
security officer positions should be thoroughly screened and
trained.
SEC. 3. DEFINITIONS.
In this Act:
(1) Employee.--The term ``employee'' includes both a
current employee and an applicant for employment as a private
security officer.
(2) Authorized employer.--The term ``authorized employer''
means any person that--
(A) employs private security officers; and
(B) is authorized by regulations promulgated by the
Attorney General to request a criminal history record
information search of an employee through a State
identification bureau pursuant to this section.
(3) Private security officer.-- The term ``private security
officer''--
(A) means an individual other than an employee of a
Federal, State, or local government, whose primary duty
is to perform security services, full- or part-time,
for consideration, whether armed or unarmed and in
uniform or plain clothes; but
(B) does not include--
(i) employees whose duties are primarily
internal audit or credit functions;
(ii) employees of electronic security
system companies acting as technicians or
monitors; or
(iii) employees whose duties primarily
involve the secure movement of prisoners.
(4) Security services.--The term ``security services''
means acts to protect people or property as defined by
regulations promulgated by the Attorney General.
(5) State identification bureau.--The term ``State
identification bureau'' means the State entity designated by
the Attorney General for the submission and receipt of criminal
history record information.
SEC. 4. CRIMINAL HISTORY RECORD INFORMATION SEARCH.
(a) In General.--
(1) Submission of fingerprints.--An authorized employer may
submit to the State identification bureau of a participating
State, fingerprints or other means of positive identification,
as determined by the Attorney General, of an employee of such
employer for purposes of a criminal history record information
search pursuant to this Act.
(2) Employee rights.--
(A) Permission.--An authorized employer shall
obtain written consent from an employee to submit to
the State identification bureau of a participating
State the request to search the criminal history record
information of the employee under this Act.
(B) Access.--An authorized employer shall provide
to the employee confidential access to any information
relating to the employee received by the authorized
employer pursuant to this Act.
(3) Providing information to the state identification
bureau.--Upon receipt of a request for a criminal history
record information search from an authorized employer pursuant
to this Act, submitted through the State identification bureau
of a participating State, the Attorney General shall--
(A) search the appropriate records of the Criminal
Justice Information Services Division of the Federal
Bureau of Investigation; and
(B) promptly provide any resulting identification
and criminal history record information to the
submitting State identification bureau requesting the
information.
(4) Use of information.--
(A) In general.--Upon receipt of the criminal
history record information from the Attorney General by
the State identification bureau, the information shall
be used only as provided in subparagraph (B).
(B) Terms.--In the case of--
(i) a participating State that has no State
standards for qualification to be a private
security officer, the State shall notify an
authorized employer as to the fact of whether
an employee has been convicted of a felony, an
offense involving dishonesty or a false
statement if the conviction occurred during the
previous 10 years, or an offense involving the
use or attempted use of physical force against
the person of another if the conviction
occurred during the previous 10 years; or
(ii) a participating State that has State
standards for qualification to be a private
security officer, the State shall use the
information received pursuant to this Act in
applying the State standards and shall only
notify the employer of the results of the
application of the State standards.
(5) Frequency of requests.--An authorized employer may
request a criminal history record information search for an
employee only once every 12 months of continuous employment by
that employee unless the authorized employer has good cause to
submit additional requests.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall issue such final or
interim final regulations as may be necessary to carry out this Act,
including--
(1) measures relating to the security, confidentiality,
accuracy, use, submission, dissemination, destruction of
information and audits, and recordkeeping;
(2) standards for qualification as an authorized employer;
and
(3) the imposition of reasonable fees necessary for
conducting the background checks.
(c) Criminal Penalty.--Whoever falsely certifies that he meets the
applicable standards for an authorized employer or who knowingly and
intentionally uses any information obtained pursuant to this Act other
than for the purpose of determining the suitability of an individual
for employment as a private security officer shall be fined under title
18, United States Code, or imprisoned for not more than 2 years, or
both.
(d) User Fees.--
(1) In general.--The Director of the Federal Bureau of
Investigation may--
(A) collect fees to process background checks
provided for by this Act; and
(B) establish such fees at a level to include an
additional amount to defray expenses for the automation
of fingerprint identification and criminal justice
information services and associated costs.
(2) Limitations.--
(A) In general.--Any fee collected under this
subsection shall be subject to the provisions of
section 605 of division B of Public Law 108-7, with
respect to the expenditure of fees.
(B) Effective date.--This paragraph shall take
effect on the date that is 180 days after the date of
issuance of regulations under subsection (b).
(3) State costs.--Nothing in this Act shall be construed as
restricting the right of a State to assess a reasonable fee on
an authorized employer for the costs to the State of
administering this Act.
(e) State Opt Out.--A State may decline to participate in the
background check system authorized by this Act by enacting a law or
issuing an order by the Governor (if consistent with State law)
providing that the State is declining to participate pursuant to this
subsection. | Private Security Officer Employment Authorization Act of 2003 - Permits an authorized employer of private security officers to submit to a participating State's identification bureau fingerprints or other means of positive identification (as determined by the Attorney General) of an employee for purposes of a criminal history record information search. Requires the employer to: (1) obtain an employee's written consent; and (2) provide to the employee confidential access to any information received.Directs the Attorney General, upon receipt of such a request submitted through a State identification bureau, to search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) and to provide any resulting identification and criminal history information.Sets forth provisions regarding permissible uses of the information and the frequency of requests. Prescribes criminal penalties for falsely certifying compliance with applicable employer standards or for intentionally using information obtained for purposes other than determining suitability for employment as a private security officer.Authorizes: (1) the FBI Director to collect fees to process such background checks; (2) a State to assess a fee on an employer for the costs of administering this Act; and (3) a State to opt out from participation in such background check system. | A bill to permit reviews of criminal records of applicants for private security officer employment. |
SECTION 1. ESTABLISHMENT OF TOLL FREE NUMBER PILOT PROGRAM.
(a) Establishment.--If the Secretary of Commerce determines, on the
basis of comments submitted in rulemaking under section 2, that--
(1) interest among manufacturers is sufficient to warrant
the establishment of a 3-year toll free number pilot program,
and
(2) manufacturers will provide fees under section 2(c) so
that the program will operate without cost to the Federal
Government,
the Secretary shall establish such program solely to help inform
consumers whether a product is ``Made in America''. The Secretary shall
publish the toll-free number by notice in the Federal Register.
(b) Contract.--The Secretary of Commerce shall enter into a
contract for--
(1) the establishment and operation of the toll free number
pilot program provided for in subsection (a), and
(2) the registration of products pursuant to regulations
issued under section 2,
which shall be funded entirely from fees collected under section 2(c).
(c) Use.--The toll free number shall be used solely to inform
consumers as to whether products are registered under section 2 as
``Made in America''. Consumers shall also be informed that registration
of a product does not mean--
(1) that the product is endorsed or approved by the
Government,
(2) that the Secretary has conducted any investigation to
confirm that the product is a product which meets the
definition of ``Made in America'' in section 4 of this Act, or
(3) that the product contains 100 percent United States
content.
SEC. 2. REGISTRATION.
(a) Proposed Regulation.--The Secretary of Commerce shall propose a
regulation--
(1) to establish a procedure under which the manufacturer
of a product may voluntarily register such product as complying
with the definition of ``Made in America'' in section 4 of this
Act and have such product included in the information available
through the toll free number established under section 1(a);
(2) to establish, assess, and collect a fee to cover all
the costs (including start-up costs) of registering products
and including registered products in information provided under
the toll-free number;
(3) for the establishment under section 1(a) of the toll-
free number pilot program; and
(4) to solicit views from the private sector concerning the
level of interest of manufacturers in registering products
under the terms and conditions of paragraph (1).
(b) Promulgation.--If the Secretary determines based on the
comments on the regulation proposed under subsection (a) that the toll-
free number pilot program and the registration of products is
warranted, the Secretary shall promulgate such regulation.
(c) Registration Fee.--
(1) In general.--Manufacturers of products included in
information provided under section 1 shall be subject to a fee
imposed by the Secretary of Commerce to pay the cost of
registering products and including them in information provided
under subsection (a).
(2) Amount.--The amount of fees imposed under paragraph (1)
shall--
(A) in the case of a manufacturer, not be greater
than the cost of registering the manufacturer's product
and providing product information directly attributable
to such manufacturer, and
(B) in the case of the total amount of fees, not be
greater than the total amount appropriated to the
Secretary of Commerce for salaries and expenses
directly attributable to registration of manufacturers
and having products included in the information
provided under section 1(a).
(3) Crediting and availability of fees.--
(A) In general.--Fees collected for a fiscal year
pursuant to paragraph (1) shall be credited to the
appropriation account for salaries and expenses of the
Secretary of Commerce and shall be available in
accordance with appropriation Acts until expended
without fiscal year limitation.
(B) Collections and appropriation acts.--The fees
imposed under paragraph (1)--
(i) shall be collected in each fiscal year
in an amount equal to the amount specified in
appropriation Acts for such fiscal year, and
(ii) shall only be collected and available
for the costs described in paragraph (2).
SEC. 3. PENALTY.
Any manufacturer of a product who knowingly registers a product
under section 2 which is not ``Made in America''--
(1) shall be subject to a civil penalty of not more than
$7500 which the Secretary of Commerce may assess and collect,
and
(2) shall not offer such product for purchase by the
Federal Government.
SEC. 4. DEFINITION.
For purposes of this Act:
(1) The term ``Made in America'' has the meaning given
unqualified ``Made in U.S.A.'' or ``Made in America'' claims
for purposes of laws administered by the Federal Trade
Commission.
(2) The term ``product'' means a product with a retail
value of at least $250.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or in any regulation promulgated under section
2 shall be construed to alter, amend, modify, or otherwise affect in
any way, the Federal Trade Commission Act or the opinions, decisions,
rules, or any guidance issued by the Federal Trade Commission regarding
the use of unqualified ``Made in U.S.A.'' or ``Made in America'' claims
in labels on products introduced, delivered for introduction, sold,
advertised, or offered for sale in commerce.
Passed the House of Representatives October 5, 1998.
Attest:
Clerk. | Directs the Secretary of Commerce, if the Secretary determines that there is sufficient manufacturer interest and that manufacturers will provide fees so the program will operate without Federal Government cost, to establish a toll-free number pilot program solely to help inform consumers whether a product with a retail value of at least $250 is made in America.
Requires the Secretary to contract for the establishment and operation of such pilot program. Requires consumers to be informed that registration does not mean that: (1) the product is endorsed or approved by the Government; (2) the Secretary has conducted any investigation to confirm that the product meets the definition of this Act of American made; or (3) the product contains 100 percent U.S. content.
(Sec. 2) Directs the Secretary to propose regulations to: (1) establish a voluntary product registration procedure; (2) establish and collect a fee to cover registration costs; (3) establish the pilot program; and (4) assess manufacturer interest in the program.
Imposes civil monetary penalties for knowingly registering a product that is not American made. | To establish a toll free number in the Department of Commerce to assist consumers in determining if products are American-made. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Geothermal Production Expansion Act
of 2013''.
SEC. 2. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF
GEOTHERMAL RESOURCES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is amended by adding at the end the following:
``(4) Adjoining land.--
``(A) Definitions.--In this paragraph:
``(i) Fair market value per acre.--The term
`fair market value per acre' means a dollar
amount per acre that--
``(I) except as provided in this
clause, shall be equal to the market
value per acre (taking into account the
determination under subparagraph
(B)(iii) regarding a valid discovery on
the adjoining land) as determined by
the Secretary under regulations issued
under this paragraph;
``(II) shall be determined by the
Secretary with respect to a lease under
this paragraph, by not later than the
end of the 180-day period beginning on
the date the Secretary receives an
application for the lease; and
``(III) shall be not less than the
greater of--
``(aa) 4 times the median
amount paid per acre for all
land leased under this Act
during the preceding year; or
``(bb) $50.
``(ii) Industry standards.--The term
`industry standards' means the standards by
which a qualified geothermal professional
assesses whether downhole or flowing
temperature measurements with indications of
permeability are sufficient to produce energy
from geothermal resources, as determined
through flow or injection testing or
measurement of lost circulation while drilling.
``(iii) Qualified federal land.--The term
`qualified Federal land' means land that is
otherwise available for leasing under this Act.
``(iv) Qualified geothermal professional.--
The term `qualified geothermal professional'
means an individual who is an engineer or
geoscientist in good professional standing with
at least 5 years of experience in geothermal
exploration, development, or project
assessment.
``(v) Qualified lessee.--The term
`qualified lessee' means a person that may hold
a geothermal lease under this Act (including
applicable regulations).
``(vi) Valid discovery.--The term `valid
discovery' means a discovery of a geothermal
resource by a new or existing slim hole or
production well, that exhibits downhole or
flowing temperature measurements with
indications of permeability that are sufficient
to meet industry standards.
``(B) Authority.--An area of qualified Federal land
that adjoins other land for which a qualified lessee
holds a legal right to develop geothermal resources may
be available for a noncompetitive lease under this
section to the qualified lessee at the fair market
value per acre, if--
``(i) the area of qualified Federal land--
``(I) consists of not less than 1
acre and not more than 640 acres; and
``(II) is not already leased under
this Act or nominated to be leased
under subsection (a);
``(ii) the qualified lessee has not
previously received a noncompetitive lease
under this paragraph in connection with the
valid discovery for which data has been
submitted under clause (iii)(I); and
``(iii) sufficient geological and other
technical data prepared by a qualified
geothermal professional has been submitted by
the qualified lessee to the applicable Federal
land management agency that would lead
individuals who are experienced in the subject
matter to believe that--
``(I) there is a valid discovery of
geothermal resources on the land for
which the qualified lessee holds the
legal right to develop geothermal
resources; and
``(II) that thermal feature extends
into the adjoining areas.
``(C) Determination of fair market value.--
``(i) In general.--The Secretary shall--
``(I) publish a notice of any
request to lease land under this
paragraph;
``(II) determine fair market value
for purposes of this paragraph in
accordance with procedures for making
those determinations that are
established by regulations issued by
the Secretary;
``(III) provide to a qualified
lessee and publish, with an opportunity
for public comment for a period of 30
days, any proposed determination under
this subparagraph of the fair market
value of an area that the qualified
lessee seeks to lease under this
paragraph; and
``(IV) provide to the qualified
lessee and any adversely affected party
the opportunity to appeal the final
determination of fair market value in
an administrative proceeding before the
applicable Federal land management
agency, in accordance with applicable
law (including regulations).
``(ii) Limitation on nomination.--After
publication of a notice of request to lease
land under this paragraph, the Secretary may
not accept under subsection (a) any nomination
of the land for leasing unless the request has
been denied or withdrawn.
``(iii) Annual rental.--For purposes of
section 5(a)(3), a lease awarded under this
paragraph shall be considered a lease awarded
in a competitive lease sale.
``(D) Regulations.--Not later than 270 days after
the date of enactment of the Geothermal Production
Expansion Act of 2013, the
Secretary shall issue regulations to carry out this
paragraph.''.
Passed the Senate July 9, 2014.
Attest:
NANCY ERICKSON,
Secretary. | (This measure has not been amended since it was passed by the Senate on July 9, 2014. Geothermal Production Expansion Act of 2013 - Amends the Geothermal Steam Act of 1970 to allow the Department of the Interior to award noncompetitive leases on up to 640 acres of federal land for geothermal development if: (1) the land is available for leasing and not already leased or nominated to be leased, (2) the lessee has a legal right to develop geothermal resources on land adjacent to the federal land that will be leased, (3) sufficient data was submitted to Interior to show there is a valid discovery of geothermal resources on the adjacent land and that the thermal feature extends into the adjoining federal land, and (4) the lessee has not previously received a noncompetitive lease for the discovery. Requires Interior to lease the land at fair market value, publish a notice of any lease requests, and provide review of the final determination of fair market value. Requires lessees to make annual rental payments equal to those required for lands that are leased competitively. | Geothermal Production Expansion Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Congressionally Mandated
Reports Act''.
SEC. 2. ESTABLISHMENT OF WEBSITE FOR CONGRESSIONALLY MANDATED REPORTS.
(a) Requirement To Establish Website.--Not later than one year
after the date of the enactment of this Act, the Public Printer shall
establish and maintain a website accessible by the public that allows
the public to obtain electronic copies of all congressionally mandated
reports in one place. The Public Printer may publish other reports on
such website.
(b) Content and Function.--The Public Printer shall ensure that the
website required under subsection (a) includes the following:
(1) With respect to each congressionally mandated report,
each of the following:
(A) A citation to the statute or conference report
requiring the report.
(B) An electronic copy of the report, including any
transmittal letter associated with the report, in an
open format that is platform independent and that is
available to the public without restrictions, including
restrictions that would impede the re-use of the
information in the report.
(C) The ability to retrieve a report, to the extent
practicable, through searches based on each, and any
combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee receiving
the report, if applicable.
(v) Subject tags.
(vi) The serial number, Superintendent of
Documents number, or other identification
number for the report, if applicable.
(vii) The statute or conference report
requiring the report.
(viii) Key words.
(ix) Full text search.
(x) Any other relevant information
specified by the Public Printer.
(D) The time and date when the report was required
to be submitted, and when the report was submitted, to
the website.
(E) Access to the report not later than 30 calendar
days after its submission to Congress.
(F) To the extent practicable, a permanent means of
accessing the report electronically.
(2) A means for bulk download of all congressionally
mandated reports or a selection of reports retrieved using a
search.
(3) A means for the head of each Federal agency to publish
on the website each congressionally mandated report of the
agency, as required by section 3.
(4) A list form for all congressionally mandated reports
that can be searched, sorted, and downloaded by--
(A) reports submitted within the required time;
(B) reports submitted after the date on which such
reports were required to be submitted; and
(C) reports not submitted.
(c) Free Access.--The Public Printer may not charge a fee, require
registration, or impose any other limitation in exchange for access to
the website required under subsection (a).
(d) Upgrade Capability.--The website required under subsection (a)
shall be enhanced and updated as necessary to carry out the purposes of
this Act.
SEC. 3. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--The head of each
Federal agency shall publish congressionally mandated reports of the
agency on the website required under section 2(a)--
(1) in an open format that is platform independent, machine
readable, and available to the public without restrictions
(except the redaction of information described under section
5), including restrictions that would impede the re-use of the
information in the reports; and
(2) in accordance with the guidance issued under subsection
(c).
(b) Submission of Additional Information.--The head of each Federal
agency shall submit to the Public Printer the information required
under subparagraphs (A) through (D) of section 2(b)(1) with respect to
each congressionally mandated report published pursuant to subsection
(a).
(c) Guidance.--Not later than eight months after the date of the
enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Public Printer, shall issue guidance
to agencies on the implementation of this Act.
SEC. 4. REMOVING AND ALTERING REPORTS.
A report submitted to be published to the website required under
section 2(a) may only be changed or removed, with the exception of
technical changes, by the head of the Federal agency concerned with the
express, written consent of the chairman of each congressional
committee to which the report is submitted.
SEC. 5. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT.
(a) In General.--Nothing in this Act shall be construed to require
the disclosure of information or records that are exempt from public
disclosure under section 552 of title 5, United States Code, or to
impose any affirmative duty on the Public Printer to review
congressionally mandated reports submitted for publication to the
website established under section 2(a) for the purpose of identifying
and redacting such information or records.
(b) Redaction of Report.--With respect to each congressionally
mandated report, the relevant head of each Federal agency shall redact
any information that may not be publicly released under section 552(b)
of title 5, United States Code, before submission for publication on
the website established under section 2(a), and shall--
(1) redact only such information from the report;
(2) identify where any such redaction is made in the
report; and
(3) identify the exemption under which each such redaction
is made.
SEC. 6. DEFINITIONS.
In this Act:
(1) Congressionally mandated report.--The term
``congressionally mandated report'' means a report that is
required to be submitted to either House of Congress or any
committee of Congress by statute or by a conference report that
accompanies legislation enacted into law.
(2) Federal agency.--The term ``Federal agency'' has the
meaning given that term under section 102 of title 40, United
States Code, but does not include the Government Accountability
Office.
SEC. 7. IMPLEMENTATION.
Except as provided in section 3(c), this Act shall be implemented
not later than one year after the date of the enactment of this Act and
shall apply with respect to congressionally mandated reports submitted
to Congress on or after the date occurring one year after such date of
enactment. | Access to Congressionally Mandated Reports Act - Requires the Public Printer to establish and maintain a website accessible by the public for obtaining electronic copies of all congressionally mandated reports in one place. Requires each federal agency to provide the Public Printer with electronic copies of its congressionally mandated reports for publication on the website. Prohibits an agency head from changing or removing a report published on the website, except for technical changes, without the express, written consent of the chairman of each congressional committee to which the report is submitted. Exempts information or records that are exempt from public disclosure under the Freedom of Information Act (FOIA) from publication on the website. Requires each agency head to redact from congressionally mandated reports any information that may not be publicly released under FOIA before submission for publication on the website. | Access to Congressionally Mandated Reports Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fee Repeal and Expanded Access Act
of 2009''.
SEC. 2. RECREATION FEE AUTHORITIES.
The Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et
seq.) is amended--
(1) by striking section 801 (16 U.S.C. 6801 note) and
inserting the following:
``SEC. 801. SHORT TITLE.
``This Act may be cited as the `Federal Lands Recreation
Enhancement Act'.'';
(2) by striking sections 802 through 812 (16 U.S.C. 6801
through 6811) and inserting the following:
``SEC. 802. RECREATION FEE AUTHORITY.
``(a) In General.--Beginning January 1, 2010, subject to
subsections (c) and (d), the Secretary of the Interior (referred to in
this section as the `Secretary') may establish and collect any fee from
individuals or groups for--
``(1) admission to a unit of the National Park System,
including a commercial vehicle admission fee for a National
Park at a level determined by the Secretary; and
``(2) the use of only the facilities or services described
in subsection (b) at Federal recreational land or water under
the jurisdiction of the Director of the National Park Service.
``(b) Authorized Facilities and Services.--The facilities and
services referred to in subsection (a)(2) are the following:
``(1) Use of developed campgrounds that provide at least a
majority of the following:
``(A) Tent or trailer spaces.
``(B) Picnic tables.
``(C) Drinking water.
``(D) Access roads.
``(E) The collection of the fee by an employee or
agent of the Federal land management agency.
``(F) Reasonable visitor protection.
``(G) Refuse containers.
``(H) Toilet facilities.
``(I) Simple devices for containing a campfire.
``(2) Use of highly developed boat launches with
specialized facilities or services, such as mechanical or
hydraulic boat lifts or facilities, multilane paved ramps,
paved parking, restrooms, and other improvements, such as
boarding floats, loading ramps, or fish cleaning stations.
``(3) Rental of cabins, boats, stock animals, lookouts,
historic structures, group day-use or overnight sites, audio
tour devices, portable sanitation devices.
``(4) Use of hookups for electricity, cable, or sewer.
``(5) Use of sanitary dump stations.
``(6) Use of transportation services.
``(7) Use of developed swimming sites that provide at least
a majority of the following:
``(A) Bathhouses with showers and flush toilets.
``(B) Refuse containers.
``(C) Picnic areas.
``(D) Paved parking.
``(E) Attendants, including lifeguards.
``(F) Floats encompassing the swimming area.
``(G) Swimming decks.
``(c) Prohibition on Fees for Certain Persons or Places.--The
Secretary shall not charge an admission fee under subsection (a) for--
``(1) a person under 16 years of age;
``(2) an outing conducted for a noncommercial educational
purpose by a school or other academic institution;
``(3)(A) the USS Arizona Memorial;
``(B) the Independence National Historical Park;
``(C) any unit of the National Park System within the
District of Columbia; or
``(D) the Arlington House--Robert E. Lee National Memorial;
``(4) the Flight 93 National Memorial;
``(5) an entrance on other route into the Great Smoky
Mountains National Park or any part of the Park unless fees are
charged for entrance into the Park on main highways and
thoroughfares;
``(6) an entrance to a unit of the National Park System
containing a deed restriction on charging fees; or
``(7) an area or unit covered under section 203 of the
Alaska National Interest Lands Conservation Act (16 U.S.C.
410hh-2), other than the Denali National Park and Preserve.
``(d) Prohibited Sites.--The Secretary shall not charge a fee under
subsection (a) for Federal recreational land or water managed by--
``(1) the Director of the Bureau of Land Management; or
``(2) the Commissioner of Reclamation.
``(e) Requirements.--In establishing fees pursuant to this section,
the Secretary shall--
``(1) establish the minimum practicable number of fees; and
``(2) avoid, to the maximum extent practicable, collection
of multiple or layered fees for a variety of activities or
programs.
``(f) Analysis.--
``(1) In general.--Before establishing a fee under
subsection (a), the Secretary shall analyze--
``(A) the benefits and services provided to
visitors to National Parks;
``(B) the cumulative effect of the assessment of
the fee;
``(C) the direct and indirect cost and benefit to
the Federal Government with respect to the fee;
``(D) applicable public policy and management
objectives;
``(E) the economic and administrative feasibility
of fee collection; and
``(F) such other factors as the Secretary
determines to be appropriate.
``(2) Submission to congress.--Not later than the date that
is 90 days before the date on which a fee established under
subsection (a) is published in the Federal Register, the
Secretary shall submit to Congress--
``(A) the analysis conducted with respect to the
fee under paragraph (1); and
``(B) a description of the level of the fee.
``(g) Publication.--
``(1) In general.--The Secretary shall publish in the
Federal Register a notice of--
``(A) any new fee established pursuant to this
section; and
``(B) any change in the amount of such a fee.
``(2) Effective date.--A fee established pursuant to this
section, and any modification to such a fee, shall not take
effect until the date that is 1 year after the date on which a
notification regarding the fee or modification is published in
the Federal Register under paragraph (1).
``(h) Administration.--
``(1) In general.--The Secretary--
``(A) may waive or discount a fee established
pursuant to this section, as the Secretary determines
to be appropriate; and
``(B) shall provide information to the public
regarding any fee program under this section, including
a description of the costs and benefits of the program.
``(2) Administrative costs.--The Secretary may use not more
than 15 percent of the total amount of fees collected pursuant
to this section for administrative costs of the recreation fee
program, including--
``(A) direct operating or capital costs;
``(B) the costs of fee collection;
``(C) the costs of notification of fee
requirements;
``(D) the costs of direct infrastructure;
``(E) fee program management costs;
``(F) the costs of bonding of volunteers;
``(G) start-up costs; and
``(H) the costs of analyzing and reporting on
program success and effects.
``(i) Distribution of Receipts.--Of amounts received by the
Secretary as a result of a fee collected at a specific area, site, or
facility pursuant to this section--
``(1) not less than 80 percent shall be used at the
specific area, site, or facility in accordance with subsection
(j); and
``(2) not more than 20 percent shall be used for other
activities or facilities of the National Park Service, as the
Secretary determines to be appropriate.
``(j) Use of Funds.--Amounts described in subsection (i)(1) may be
used at an area, site, or facility for--
``(1) repair, maintenance, facility enhancement, media
services, and infrastructure, including projects relating to
visitor enjoyment, visitor access, environmental compliance,
and health and safety;
``(2) interpretation, visitor information, visitor service,
visitor needs assessments, monitoring, and signs;
``(3) habitat enhancement, resource assessment,
preservation, protection, and restoration relating to
recreational uses; and
``(4) law enforcement relating to public use and
recreation.
``(k) Reports.--On January 1, 2014, and every 3 years thereafter,
the Secretary shall submit to Congress a report describing the status
of the recreation fee program under this section, including--
``(1) an evaluation of the program as conducted at each
unit of the National Park System;
``(2) a description of projects funded, activities
accomplished, and future projects and programs proposed to be
conducted using the fees; and
``(3) any recommendations for modifications to the fee
system of the Secretary.''
(3) in section 813 (16 U.S.C. 6812), by striking
subsections (e) and (f); and
(4) by striking section 814 (16 U.S.C. 6813).
SEC. 3. REINSTATEMENT OF CERTAIN ADMISSION AND USE FEE AUTHORITIES.
(a) Repeal.--Subsections (a), (c), and (d) of section 813 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6812) are repealed
effective December 8, 2004.
(b) Applicability.--
(1) Land and water conservation fund act of 1965.--
Subsections (a) through (f), and (g) of section 4 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a)
shall be applied and administered as if section 813(a) of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(a))
had not been enacted.
(2) Admission permits for refuge units.--Section 201 of the
Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) shall
be applied and administered as if section 813(c) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6812(c)) had not
been enacted.
(3) Golden eagle passport.--Section 502 of the National
Parks Omnibus Management Act of 1998 (16 U.S.C. 5982) shall be
applied and administered as if section 813(d) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6812(d)) had not
been enacted.
(4) National park passport program.--
(A) In general.--Title VI of the National Parks
Omnibus Management Act of 1998 (16 U.S.C. 5991 et seq.)
shall be applied and administered as if section 813(d)
of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6812(d)) had not been enacted.
(B) Conforming amendment.--Section 603(c) of the
National Parks Omnibus Management Act of 1998 (16
U.S.C. 5993(c)) is amended by striking paragraph (2)
and inserting the following:
``(2) General use.--Of amounts received by the Secretary as
a result of sales of national park passports at a specific
area, site, or facility--
``(A) not less than 50 percent shall remain
available for use at the specific area, site, or
facility at which the sales occurred; and
``(B) not more than 50 percent shall be used for
other activities or facilities of the National Park
Service, as the Secretary determines to be
appropriate.''.
(c) Admission Fees.--Section 4(a) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) (as in effect
after subsections (a) and (b) take effect) is amended--
(1) in paragraph (1)--
(A) in the first sentence of subparagraph (A)(i),
by striking ``$25'' and and inserting ``$65''; and
(B) in the second sentence of subparagraph (B), by
striking ``$15'' and inserting ``$40''; and
(2) in paragraph (2)--
(A) in the fourth sentence, by striking ``$5'' and
inserting ``$25''; and
(B) in the sixth sentence, by striking ``$3'' and
inserting ``$12''. | Fee Repeal and Expanded Access Act of 2009 - Revises specified provisions of the Federal Lands Recreation Enhancement Act, including provisions concerning recreation fee authority, use of funds, distribution of revenue, recreation passes, and cooperative agreements.
Provides for the application and administration of certain admission and use fee authorities under the Land and Water Conservation Act of 1965, the Emergency Wetlands Resources Act of 1986, and the National Parks Omnibus Management Act of 1998 as if the Federal Lands Recreation Enhancement Act had not been enacted. | A bill to repeal certain provisions of the Federal Lands Recreation Enhancement Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Campaign Financing Act of
2005''.
SEC. 2. PUBLIC FUNDING FOR HOUSE OF REPRESENTATIVES ELECTIONS.
The Federal Election Campaign Act of 1971 is amended by adding at
the end the following new title:
``TITLE V--PUBLIC FUNDING FOR HOUSE OF REPRESENTATIVES ELECTIONS
``SEC. 501. QUALIFICATIONS FOR PUBLIC FUNDING.
``A House of Representatives candidate qualifies for public funding
if, as determined by the Commission--
``(1) at least 6 weeks before the general election, the
candidate obtains the signatures of 3 percent of the registered
voters in the congressional district involved; or
``(2) the candidate is the candidate of a political party,
the candidate of which, in the preceding general election,
received more than 25 percent of the vote.
``SEC. 502. LIMITATIONS ON CONTRIBUTIONS TO QUALIFYING HOUSE OF
REPRESENTATIVES CANDIDATES.
``(a) Individual Contributions Requirement.--A qualifying House of
Representatives candidate may not accept contributions other than
contributions from individuals that total not more than $100 per
individual per election cycle.
``(b) In-State Contribution Requirement.--With respect to each
reporting period for an election, at least 80 percent of the total sum
of contributions accepted by a qualifying House of Representatives
candidate shall be from the State in which the congressional district
involved is located.
``SEC. 503. USE OF PUBLIC FUNDING.
``(a) In General.--A qualifying House of Representatives candidate
may use public funds only for--
``(1) buying time on radio, cable, or television broadcast
stations;
``(2) buying rental space on billboards or other outdoor
signs;
``(3) buying advertising space in magazines, newspapers,
periodicals, and other advertising media, including theaters,
the Internet, and the worldwide web;
``(4) payment of the cost of producing advertisements for
media referred to in paragraphs (1), (2), and (3);
``(5) procurement of computerized campaign software, voter
lists, and other voter contact tools;
``(6) payment of the cost of printing and mailing campaign
literature;
``(7) payment of the cost of telephone expenses;
``(8) payment of legal and accounting costs associated with
campaigning;
``(9) payment of campaign employees' salaries;
``(10) payment of the cost of campaign office equipment and
supplies; and
``(11) payment of incidental expenses of the candidate,
such as travel and food.
``(b) Specific Exclusion.--A qualifying House of Representatives
candidate may not use public funds under this title to pay the
candidate a salary or personal mortgages.
``(c) Calculation of Public Disbursement.--
``(1) In general.--A qualifying House of Representatives
candidate shall receive public funds closely approximating the
cost of procuring 2\1/2\ hours of television commercial time on
local television stations in the district's media markets.
``(2) Criteria for determining amount.--An exact amount of
the funds provided to a candidate under this section shall be
determined by the Commission, using--
``(A) the average cost of a media point per media
market, as defined by Arbitron Area of Dominant
Influence, for the 4th quarter of the preceding
calendar year; and
``(B) a multiplier of 5,000 media points.
``(3) Use of funds.--The funds provided under this section
may be used for any purpose specified in subsection (a).
``(d) Disbursements.--The Commission shall make disbursements of
public funds under this title upon submission of evidence that an
eligible expense has been incurred. No disbursement may be made with
respect to an expense incurred more than 4 months before the election
involved.
``SEC. 504. MAXIMUM AMOUNT OF PUBLIC FUNDING.
``(a) In General.--The maximum amount of public funding that a
qualifying House of Representatives candidate may receive is $750,000.
``(b) Indexing.--The amount under subsection (a) shall be increased
as of the beginning of each even-numbered calendar year, based on the
increase in the price index determined under section 315(c), except
that the base period shall be calendar year 2003.
``SEC. 505. TELEVISION DEBATE REQUIREMENT.
``A qualifying House of Representatives candidate shall be required
to participate in at least 2 televised debates, organized by a
bipartisan or nonpartisan group, in the congressional district media
market.
``SEC. 506. REQUIREMENT FOR ACCEPTANCE OF ADVERTISING BY RADIO AND
TELEVISION STATIONS.
``(a) In General.--Each radio station and each television station
shall be--
``(1) required to accept orders for advertisements to be
paid for under this title until such advertising constitutes 40
percent of the station's total advertising time; and
``(2) subject to random periodic examination of advertising
charges paid under this title to ensure that such charges are
correct.
``(b) Condition of License.--The continuation of an existing
license, the renewal of an expiring license, and the issuance of a new
license under section 307 of the Communications Act of 1934 (47 U.S.C.
307) shall be conditioned on the agreement by the licensee to abide by
the provisions of subsection (a)(1).
``SEC. 507. DEFINITIONS.
``As used in this title--
``(1) the term `House of Representatives candidate' means a
candidate for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress;
``(2) the term `qualifying House of Representatives
candidate' means a House of Representatives candidate who
qualifies for public funding under this title; and
``(3) the term `congressional district media market' means,
with respect to a congressional district, the media market of
that district, as determined from the licensing records of the
Federal Communications Commission.''.
SEC. 3. REPORTING REQUIREMENTS.
(a) Reports by State Committees.--Section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at
the end the following new subsection:
``(i) Filing of State Reports.--In lieu of any report required to
be filed by this Act, the Commission may allow a State committee of a
political party to file with the Commission a report required to be
filed under State law if the Commission determines such reports contain
substantially the same information.''.
(b) Other Reporting Requirements.--
(1) Authorized committees.--Section 304(b)(4) of such Act
(2 U.S.C. 434(b)(4)) is amended--
(A) by striking ``and'' at the end of subparagraph
(H);
(B) by inserting ``and'' at the end of subparagraph
(I); and
(C) by adding at the end the following new
subparagraph:
``(J) in the case of an authorized committee,
disbursements for the primary election, the general
election, and any other election in which the candidate
participates;''.
(2) Names and addresses.--Section 304(b)(5)(A) of such Act
(2 U.S.C. 434(b)(5)(A)) is amended--
(A) by striking ``within the calendar year''; and
(B) by inserting ``, and the election to which the
operating expenditure relates'' after ``operating
expenditure''.
SEC. 4. REPORTING OF ELECTION ACTIVITY OF PERSONS OTHER THAN POLITICAL
PARTIES.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434), as amended by section 3(a), is amended by adding at the end the
following new subsection:
``(j) Election Activity of Persons Other Than Political Parties.--
``(1) Requirement described.--(A) If any person to which
section 323 does not apply makes (or obligates to make)
disbursements for Federal election activities (as defined in
section 301(20)) in excess of $2,000, such person shall file a
statement--
``(i) on or before the date that is 48 hours before
the disbursements (or obligations) are made; or
``(ii) in the case of disbursements (or
obligations) that are required to be made within 14
days of the election, on or before such 14th day.
``(B) An additional statement shall be filed each time
additional disbursements aggregating $2,000 are made (or
obligated to be made) by a person described in subparagraph
(A).
``(2) Contents of statement.--Any statement under this
section shall be filed with the Secretary of the Senate or the
Clerk of the House of Representatives, and the Secretary of
State (or equivalent official) of the State involved, as
appropriate, and shall contain such information as the
Commission shall prescribe, including whether the disbursement
is in support of, or in opposition to, 1 or more candidates or
any political party. The Secretary of the Senate or Clerk of
the House of Representatives shall, as soon as possible (but
not later than 24 hours after receipt), transmit a statement to
the Commission. Not later than 48 hours after receipt, the
Commission shall transmit the statement to--
``(A) the candidates or political parties involved;
or
``(B) if the disbursement is not in support of, or
in opposition to, a candidate or political party, the
State committees of each political party in the State
involved.
``(3) Determinations by commission.--The Commission may
make its own determination that disbursements described in
paragraph (1) have been made or are obligated to be made. The
Commission shall notify the candidates or political parties
described in paragraph (2) not later than 24 hours after its
determination.
``(4) Exceptions.--This subsection shall not apply to--
``(A) a candidate or a candidate's authorized
committees; or
``(B) an independent expenditure (as defined in
section 301(17)).''.
SEC. 5. CONTRIBUTIONS THROUGH INTERMEDIARIES AND CONDUITS.
Section 315(a)(8) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(8)) is amended to read as follows:
``(8) For the purposes of this subsection:
``(A) Contributions made by a person, either directly or
indirectly, to or on behalf of a particular candidate,
including contributions that are in any way earmarked or
otherwise directed through an intermediary or conduit to a
candidate, shall be treated as contributions from the person to
the candidate. If a contribution is made to a candidate through
an intermediary or conduit, the intermediary or conduit shall
report the original source and the intended recipient of the
contribution to the Commission and the intended recipient.
``(B) Contributions made directly or indirectly by a person
to or on behalf of a particular candidate through an
intermediary or conduit, including contributions arranged to be
made by an intermediary or conduit, shall be treated as
contributions from the intermediary or conduit to the candidate
if--
``(i) the contributions made through the
intermediary or conduit are in the form of a check or
other negotiable instrument made payable to the
intermediary or conduit rather than the intended
recipient; or
``(ii) the intermediary or conduit is--
``(I) a political committee, a political
party, or an officer, employee, or agent of
either;
``(II) a person whose activities are
required to be reported under section 4 of the
Lobbying Disclosure Act of 1995 (2 U.S.C.
1603), the Foreign Agents Registration Act of
1938 (22 U.S.C. 611 et seq.), or any successor
Federal law requiring a person who is a
lobbyist or foreign agent to report the
activities of such person;
``(III) a person who is prohibited from
making contributions under section 316 or a
partnership; or
``(IV) an officer, employee, or agent of a
person described in subclause (II) or (III)
acting on behalf of such person.
``(C) The term `contributions arranged to be made'
includes--
``(i) contributions delivered directly or
indirectly to a particular candidate or the candidate's
authorized committee or agent by the person who
facilitated the contribution; and
``(ii) contributions made directly or indirectly to
a particular candidate or the candidate's authorized
committee or agent that are provided at a fundraising
event sponsored by an intermediary or conduit described
in subparagraph (B).
``(D) This paragraph shall not prohibit--
``(i) fundraising efforts for the benefit of a
candidate that are conducted by another candidate or
Federal officeholder; or
``(ii) the solicitation by an individual using the
individual's resources and acting in the individual's
own name of contributions from other persons in a
manner not described in paragraphs (B) and (C).''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections occurring after December 31, 2006. | Public Campaign Financing Act of 2005 - Amends the Federal Election Campaign Act of 1971 (FECA) to add a new title V (Public Funding for House of Representatives Elections) outlining: (1) qualifications for public financing; (2) limitations on contributions to qualifying House candidates prohibiting such a candidate from accepting contributions other than contributions from individuals that total not more than $100 per individual per election cycle, with an 80 percent in-state contribution requirement; (3) rules restricting public funding to specified purposes, such as buying broadcast time; (4) limitations on the maximum amount of public funding, which is set at $750,000 for qualifying House candidates; (5) various specified requirements pertaining to television debates and radio and television advertising; (6) authorization for the filing of certain state reports in lieu of any required FECA report; (7) provisions regarding reporting of election activity of persons other than political parties; and (8) rules for contributions through intermediaries and conduits. | To amend the Federal Election Campaign Act of 1971 to provide for public funding for House of Representatives elections, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Veterans Disabled for Life
Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Armed Forces of the United States have answered the
call and served with distinction around the world--from hitting
the beaches in World War II in the Pacific and Europe, to the
cold and difficult terrain in Korea, the steamy jungles of
Vietnam, and the desert sands of the Middle East;
(2) all Americans should commemorate those who come home
having survived the ordeal of war, and solemnly honor those who
made the ultimate sacrifice in giving their lives for their
country;
(3) all Americans should honor the millions of living
disabled veterans who carry the scars of war every day, and who
have made enormous personal sacrifices defending the principles
of our democracy;
(4) in 2000, Congress authorized the construction of the
American Veterans Disabled for Life Memorial;
(5) the United States should pay tribute to the Nation's
living disabled veterans by minting and issuing a commemorative
silver dollar coin; and
(6) the surcharge proceeds from the sale of a commemorative
coin would raise valuable funding for the construction of the
American Veterans Disabled for Life Memorial.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 500,000 $1 coins in commemoration of disabled American
veterans, 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) Legal Tender.--The coins minted under this Act 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 Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the design selected by the Disabled
Veterans' LIFE Memorial Foundation for the American Veterans
Disabled for Life Memorial.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2006''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Disabled Veterans' LIFE Memorial Foundation and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2006.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (b) 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) Surcharges.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(c) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(d) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. DISTRIBUTION OF SURCHARGES.
(a) In General.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to the Disabled Veterans'
LIFE Memorial Foundation for the purpose of establishing an endowment
to support the construction of the American Veterans' Disabled for Life
Memorial in Washington, D.C.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Disabled Veterans' LIFE Memorial Foundation as may be
related to the expenditures of amounts paid under subsection (a).
SEC. 8. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit
Insurance Corporation or the National Credit Union
Administration Board.
Passed the Senate October 11, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | American Veterans Disabled for Life Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 500,000 one dollar silver coins in commemoration of disabled American veterans, which shall be emblematic of the design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial.
Requires: (1) all sales of the coins to include a ten dollar per coin surcharge; and (2) the surcharges received to be paid to the Foundation to establish an endowment to support the construction of an American Veterans' Disabled for Life Memorial in Washington, D.C. | A bill to require the Secretary of the Treasury to mint coins in commemoration of veterans who became disabled for life while serving in the Armed Forces of the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leave Ethanol Volumes at Existing
Levels Act'' or the ``LEVEL Act''.
SEC. 2. REPEAL OF EXPANSION OF RENEWABLE FUEL PROGRAM.
(a) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C.
7545(o)(1)) is amended to read as follows:
``(1) Definitions.--In this section:
``(A) Cellulosic biomass ethanol.--The term
`cellulosic biomass ethanol' means ethanol derived from
any lignocellulosic or hemicellulosic matter that is
available on a renewable or recurring basis,
including--
``(i) dedicated energy crops and trees;
``(ii) wood and wood residues;
``(iii) plants;
``(iv) grasses;
``(v) agricultural residues;
``(vi) fibers;
``(vii) animal wastes and other waste
materials; and
``(viii) municipal solid waste.
The term also includes any ethanol produced in
facilities where animal wastes or other waste materials
are digested or otherwise used to displace 90 percent
or more of the fossil fuel normally used in the
production of ethanol.
``(B) Waste derived ethanol.--The term `waste
derived ethanol' means ethanol derived from--
``(i) animal wastes, including poultry fats
and poultry wastes, and other waste materials;
or
``(ii) municipal solid waste.
``(C) Renewable fuel.--
``(i) In general.--The term `renewable
fuel' means motor vehicle fuel that--
``(I)(aa) is produced from grain,
starch, oilseeds, vegetable, animal, or
fish materials including fats, greases,
and oils, sugarcane, sugar beets, sugar
components, tobacco, potatoes, or other
biomass; or
``(bb) is natural gas produced from
a biogas source, including a landfill,
sewage waste treatment plant, feedlot,
or other place where decaying organic
material is found; and
``(II) is used to replace or reduce
the quantity of fossil fuel present in
a fuel mixture used to operate a motor
vehicle.
``(ii) Inclusion.--The term renewable fuel
includes--
``(I) cellulosic biomass ethanol
and waste derived ethanol; and
``(II) biodiesel (as defined in
section 312(f) of the Energy Policy Act
of 1992 (42 U.S.C. 13220(f))) and any
blending components derived from
renewable fuel (provided that only the
renewable fuel portion of any such
blending component shall be considered
part of the applicable volume under the
renewable fuel program established by
this subsection).
``(D) Small refinery.--The term `small refinery'
means a refinery for which the average aggregate daily
crude oil throughput for a calendar year (as determined
by dividing the aggregate throughput for the calendar
year by the number of days in the calendar year) does
not exceed 75,000 barrels.''.
(b) Renewable Fuel Program.--Paragraph (2) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(2)) is amended as follows:
(1) Regulations.--Clause (i) of subparagraph (A) is amended
by striking the last sentence.
(2) Applicable volumes of renewable fuel.--Subparagraph (B)
is amended to read as follows:
``(B) Applicable volume.--For the purpose of
subparagraph (A), the applicable volume of renewable
fuel for each calendar year shall be 7,500,000,000
gallons.''.
(c) Applicable Percentages.--Paragraph (3) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows:
(1) In subparagraph (A), by striking ``each of calendar
years 2005 through 2021'' and inserting ``each calendar year''.
(2) In subparagraph (A), by striking ``transportation fuel,
biomass-based diesel, and cellulosic biofuel'' and inserting
``gasoline''.
(3) In subparagraph (B)(i), by striking ``each of calendar
years 2005 through 2021'' and inserting ``each calendar year''.
(4) In subparagraph (B), by striking ``transportation
fuel'' and inserting ``gasoline'' in clause (ii)(II).
(d) Cellulosic Biomass Ethanol or Waste Derived Ethanol.--Paragraph
(4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is
amended to read as follows:
``(4) Cellulosic biomass ethanol or waste derived
ethanol.--For the purpose of paragraph (2), 1 gallon of
cellulosic biomass ethanol or waste derived ethanol shall be
considered to be the equivalent of 2.5 gallons of renewable
fuel.''.
(e) Credit Program.--Paragraph (5) of section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)(5)) is amended by striking subparagraph (E).
(f) Waivers.--
(1) In general.--Paragraph (7) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(7)) is amended--
(A) in subparagraph (A), by striking ``, by any
person subject to the requirements of this subsection,
or by the Administrator on his own motion''; and
(B) by inserting ``State'' before ``petition for a
waiver'' in subparagraph (B).
(2) Cellulosic biofuel.--Paragraph (7) of section 211(o) of
the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking
subparagraph (D).
(3) Biomass-based diesel.--Paragraph (7) of section 211(o)
of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by
striking subparagraphs (E) and (F).
(g) Periodic Reviews.--Section 211(o) of the Clean Air Act (42
U.S.C. 7545(o)) is amended by striking paragraph (11).
(h) Savings Clause.--Section 211(o) of the Clean Air Act (42 U.S.C.
7545(o)) is amended by striking paragraph (12).
(i) Regulations.--Section 211 of the Clean Air Act (42 U.S.C. 7545)
is amended by striking paragraph (2) of subsection (v).
(j) Other Provisions.--
(1) Environmental and resource conservation impacts.--
Section 204(b) of the Energy Independence and Security Act of
2007 (Public Law 110-140) is repealed.
(2) Effective date, savings provision, and transition
rules.--Section 210 of the Energy Independence and Security Act
of 2007 (Public Law 110-140) is repealed.
(k) Effective Date.--The amendments made by this section shall take
effect on January 1 of the first calendar year following the date of
enactment of this Act.
(l) Estimates for First Calendar Year.--Prior to January 1 of the
first calendar year following the date of enactment of this Act--
(1) the Administrator of the Energy Information
Administration shall provide to the Administrator of the
Environmental Protection Agency an estimate, under section
211(o)(3) of the Clean Air Act, as amended by this Act, with
respect to such calendar year, of the volumes of gasoline
projected to be sold or introduced into commerce in the United
States; and
(2) based on the estimate provided under paragraph (1), the
Administrator of the Environmental Protection Agency shall
determine and publish in the Federal Register, with respect to
such calendar year, the renewable fuel obligation for such
calendar year under section 211(o)(3) of the Clean Air Act, as
amended by this Act.
SEC. 3. PROHIBITION OF AUTHORIZATION OF HIGHER ETHANOL BLENDS.
(a) Prohibition.--Notwithstanding any provision of the Clean Air
Act (42 U.S.C. 7401 et seq.), the Administrator of the Environmental
Protection Agency may not permit or authorize (including by granting a
wavier through the fuels and fuel additives waiver process under
section 211(f)(4) of such Act (42 U.S.C. 7545(f)(4))) the introduction
into commerce of gasoline that--
(1) contains greater than 10-volume-percent ethanol;
(2) is intended for general use in conventional gasoline-
powered onroad or nonroad vehicles or engines; and
(3) is not, on or before the date of enactment of this
Act--
(A) registered in accordance with section 211(b) of
such Act (42 U.S.C. 7545(b)); and
(B) lawfully sold in the United States.
(b) Repeal of Existing Waivers.--
(1) In general.--Any waiver described in paragraph (2) is
repealed and shall have no force or effect.
(2) Waiver.--A waiver described in this paragraph--
(A) is a waiver granted pursuant to section
211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4))
prior to the date of enactment of this Act that permits
or authorizes the introduction into commerce of
gasoline that contains greater than 10-volume-percent
ethanol for general use in conventional gasoline-
powered onroad or nonroad vehicles or engines; and
(B) includes the following:
(i) ``Partial Grant and Partial Denial of
Clean Air Act Waiver Application Submitted by
Growth Energy To Increase the Allowable Ethanol
Content of Gasoline to 15 Percent; Decision of
the Administrator'' published at 75 Fed. Reg.
68094 (November 4, 2010).
(ii) ``Partial Grant of Clean Air Act
Waiver Application Submitted by Growth Energy
To Increase the Allowable Ethanol Content of
Gasoline to 15 Percent; Decision of the
Administrator'' published at 76 Fed. Reg. 4662
(January 26, 2011).
(3) Exception.--Paragraph (1) shall not apply with respect
to a waiver to the extent such waiver permits or authorizes the
introduction into commerce of gasoline--
(A) that is described in paragraph (2)(A); and
(B) that is, on or before the date of enactment of
this Act--
(i) registered in accordance with section
211(b) of the Clean Air Act (42 U.S.C.
7545(b)); and
(ii) lawfully sold in the United States.
(c) Study.--Not later than 2 years after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall conduct, and submit to Congress the results of, a comprehensive
study on--
(1) the effects of the introduction into commerce of an
ethanol-gasoline blend described in subsection (b)(2)(A) on
consumer products, including--
(A) onroad and nonroad vehicles;
(B) nonroad engines (such as lawn mowers); and
(C) any other applicable gasoline-powered vehicles,
engines, and devices;
(2) the impact of an ethanol-gasoline blend described in
subsection (b)(2)(A) on--
(A) engine performance of conventional gasoline-
powered onroad and nonroad vehicles and nonroad
engines;
(B) emissions from the use of the blend; and
(C) materials compatibility and consumer safety
issues associated with the use of such blend (including
the identification of insufficient data or information
for some or all of such vehicles and engines with
respect to each of the issues described in this
subparagraph and subparagraphs (A) and (B)); and
(3) the ability of wholesale and retail gasoline
distribution infrastructure, including bulk storage, retail
storage configurations, and retail equipment (including
certification of equipment compatibility by independent
organizations), to introduce such an ethanol-gasoline blend
into commerce without widespread intentional or unintentional
misfueling by consumers. | Leave Ethanol Volumes at Existing Levels Act or the LEVEL Act - Amends the Clean Air Act to revise the renewable fuel program, including by: (1) redefining "renewable fuel"; (2) revoking the requirement that the Administrator ensure that renewable fuel achieves a 20% reduction in lifecycle greenhouse gas emissions compared to baseline lifecycle greenhouse gas emissions; (3) reducing the volume of renewable fuel that is required to be in gasoline sold or introduced into commerce in the United States to 7.5 billion gallons for each year; (4) requiring the Administrator of the Energy Information Administration to provide to the Administrator of the Environmental Protection Agency (EPA) an estimate of the volumes of gasoline (currently of transportation fuel, biomass-based diesel, and cellulosic biofuel) projected to be sold or introduced into commerce in the following year; (5) making one gallon of cellulosic biomass ethanol or waste derived ethanol equivalent to 2.5 gallons of renewable fuel; (6) repealing provisions concerning cellulosic biofuel and biomass-based diesel; and (7) repealing a requirement that the Administrator of EPA promulgate fuel regulations to implement measures to mitigate adverse impacts on air quality as the result of renewable fuel requirements. Amends the Energy Independence and Security Act of 2007 to repeal provisions requiring EPA to report to Congress on current and future impacts of the renewable fuel requirements on environmental issues, resource conservation issues, and the growth and use of cultivated invasive or noxious plants and their impacts on the environment and agriculture. Prohibits the Administrator from permitting or authorizing (including by granting a waiver through the fuels and fuel additives waiver process) the introduction into commerce of gasoline that: (1) contains greater than 10% ethanol by volume, (2) is intended for general use in conventional gasoline-powered vehicles or engines, and (3) is not a registered fuel or fuel additive that is lawfully sold in the United States before enactment of this Act. Repeals waivers that permit the introduction into commerce of gasoline that contains greater than 10-volume-percent ethanol for general use in conventional gasoline-powered vehicles or engines, including: (1) the "Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator"; and (2) the "Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator." Excepts waivers for such gasoline that is a registered fuel or fuel additive that is lawfully sold in the United States before enactment of this Act. Requires the Administrator to study: (1) the effects of the introduction into commerce of an ethanol-gasoline blend on consumer products; (2) the impact of such blend on engine performance of conventional gasoline-powered vehicles and nonroad engines, emissions from the use of the blend, and materials compatibility and consumer safety issues associated with the use of such blend; and (3) the ability of wholesale and retail gasoline distribution infrastructure to introduce such blend into commerce without widespread misfueling by consumers. | LEVEL Act |
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Governors Island Preservation Act of
2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) In August 1776, the fortifications at Governors Island,
New York, provided cover allowing George Washington's
Continental Army to escape a British onslaught during the
Battle of Long Island.
(2) The State of New York, for nominal consideration, ceded
control of Governors Island to the Federal Government in 1800
to provide for the defense of the United States.
(3) During the War of 1812, the combined firepower of
Castle Williams on Governors Island and the Southwest Battery
in Manhattan dissuaded the British from making a direct attack
on New York City, which was the largest city in and principal
seaport of the United States at the time.
(4) In 1901, 4,700,000 cubic yards of fill from the
excavation of the Lexington Avenue Subway in Manhattan were
deposited to increase the area of Governors Island from 90 to
172 acres.
(5) Governors Island played a significant role in the Civil
War, World War I, and World War II, and continued to serve the
United States Army through 1966.
(6) In 1958, the United States District Court for the
Southern District of New York formally ratified the long
possession of Governors Island by the United States through a
condemnation proceeding that required ``just compensation'' of
$1.
(7) In 1966, the Army relocated operations from Governors
Island, and the United States Coast Guard assumed control of
the Island, an action that established an integral component of
the Atlantic coast efforts of the Coast Guard for the following
30 years.
(8) The Admiral's House on Governors Island hosted the
final summit meeting between President Ronald W. Reagan and
Soviet Premier Mikhail S. Gorbachev in December 1988, where the
leaders presented each other with the Articles of Ratification
for the Intermediate Nuclear Forces Treaty.
(9) The Coast Guard ceased operations at Governors Island
in 1997, leaving 225 buildings unoccupied, unused, and exposed
to the harsh elements of New York Harbor.
(10) Castle Williams is named after Lieutenant Colonel
Jonathan Williams, who built the semicircular ``cheesebox''
fort and later served as the first superintendent of West Point
Military Academy.
(11) The pentagonal Fort Jay, named after John Jay, is the
complement of Fort Wood on nearby Bedloe Island, which serves
as the base of the Statue of Liberty.
(12) Castle Williams and Fort Jay, located within the
Governors Island National Historic Landmark District, and more
than 200 years of contributions to the history of the United
States could be lost if Governors Island were to remain vacant
or be sold to a private entity.
(13) Castle Williams and Fort Jay, key elements of the
Governors Island National Historic Landmark District, are
worthy of continued Federal protection and should be designated
a unit of the National Park System.
(14) The State of New York and the city of New York have
agreed to a plan to be administered by the Governors Island
Redevelopment Corporation, a subsidiary of the Empire State
Development Corporation, that--
(A) offers what may be the only opportunity to
ensure--
(i) public access to Governors Island;
(ii) the preservation and protection of
historic structures on Governors Island for
future generations; and
(iii) the ability of local elected
officials, local community boards, and
community organizations to participate in the
redevelopment of Governors Island; and
(B) would provide substantial educational and
recreational facilities to the public.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prevent the deterioration of the historic military
buildings on Governors Island in New York Harbor.
(2) To ensure that Castle Williams and Fort Jay are--
(A) retained in Federal ownership;
(B) available for the benefit and inspiration of
the people of the United States; and
(C) afforded protection by the National Park
Service as a unit of the National Park System.
(3) To provide the general public with--
(A) access to Governors Island;
(B) access to open park space to experience the
majestic views of New York Harbor; and
(C) opportunities that illustrate the significant
contributions of Governors Island to the history of the
United States.
(4) To return to the people of the State of New York
property that the State of New York conveyed to the Federal
Government, for nominal consideration, to provide for the
defense of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) City.--The term ``City'' means the City of New York.
(3) Corporation.--The term ``Corporation'' means Governors
Island Redevelopment Corporation, a subsidiary of the Empire
State Development Corporation governed by a board to be
appointed by the State and the City (or any successor entity).
(4) Management plan.--The term ``management plan'' means
the management plan prepared under section 4(f).
(5) Monument.--The term ``Monument'' means the Governors
Island National Monument established under section 4(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of New York.
SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT.
(a) Establishment.--To preserve for the benefit and inspiration of
the people of the United States as a national monument certain historic
structures and associated land located on Governors Island in New York
Harbor, there is established a unit of the National Park System to be
known as the ``Governors Island National Monument''.
(b) Composition.--
(1) In general.--The Monument shall be comprised of Castle
Williams and Fort Jay, as depicted on the map entitled
``Governors Island National Monument Boundary Map'', numbered
GOIS ____, and dated ____, 2000.
(2) Inclusions.--The Monument shall include--
(A) the land on which Castle Williams and Fort Jay
are situated; and
(B) the land between Castle Williams and Fort Jay;
as depicted on the map described in paragraph (1).
(3) Availability of map.--The map described in paragraph
(1) shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
(c) Transfer.--Not later than 180 days after the date of the
enactment of this Act, as part of the overall disposition of Governors
Island, the Administrator shall transfer administrative jurisdiction
over the Monument to the Secretary.
(d) Rights of Access.--
(1) Reservation.--As part of the overall disposition of
Governors Island, the Administrator, subject to agreement by
the Secretary and the Corporation, shall reserve the right of
access for the Secretary to the Monument for purposes of
operating and maintaining the Monument.
(2) Utilities.--The provision of and access to utilities to
the Monument shall be--
(A) determined as part of the disposition of
Governors Island in accordance with the public service
laws of the State of New York; and
(B) subject to agreement between the Secretary and
the Corporation.
(e) Administration.--
(1) In general.--On completion of the transfer under
subsection (c), the Monument shall be administered by the
Secretary in accordance with--
(A) this Act; and
(B) laws generally applicable to units of the
National Park System, including--
(i) the Act entitled ``An Act to establish
a National Park Service, and for other
purposes'', approved August 25, 1916 (16 U.S.C.
1 et seq.); and
(ii) the Act entitled ``An Act to provide
for the preservation of historic American
sites, buildings, objects, and antiquities of
national significance, and for other
purposes'', approved August 21, 1935 (16 U.S.C.
461 et seq.).
(2) Cooperative agreements.--The Secretary, in consultation
with the Corporation, may consult, and enter into cooperative
agreements, with interested entities and individuals to provide
for the preservation, development, interpretation, and use of
the Monument.
(f) Management Plan.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, in consultation with the Corporation
and other appropriate public and private entities, the
Secretary shall prepare a management plan for the Monument.
(2) Applicable law.--The Secretary shall prepare the
management plan in accordance with--
(A) section 12(b) of the Act entitled ``An Act to
improve the administration of the National Park System
by the Secretary of the Interior, and to clarify the
authorities applicable to the system, and for other
purposes'', approved August 18, 1970 (16 U.S.C. 1a-
7(b)); and
(B) other applicable law.
(3) Submission.--On completion of the management plan, the
Secretary shall submit the management plan to--
(A) the Committee on Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the annual
operation and maintenance of the Monument.
SEC. 5. CONVEYANCE OF GOVERNORS ISLAND.
(a) In General.--
(1) Conveyance.--Notwithstanding section 9101 of the
Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 670)
or any other provision of law, and except as provided in
paragraphs (2) and (3), not later than 180 days after the date
of the enactment of this Act, the Administrator shall convey to
the State of New York, for no consideration and for use
consistent with sections 2(a)(14) and 2(b), all right, title,
and interest of the United States in and to Governors Island,
to be administered by the Corporation.
(2) Rights of access.--The conveyance under paragraph
(1)(A) shall be subject to the rights of access described in
section 4(d).
(3) Exclusion of monument.--The Monument shall not be
included in the conveyance under paragraph (1)(A).
(b) Use and Redevelopment of Governors Island.--Upon completion of
the conveyance under subsection (a)(1)(A), any use of the conveyed land
shall be consistent with sections 2(a)(14) and 2(b), and in compliance
with--
(1) the New York State Environmental Quality Review Act
(Sections 0101 through 0117 of the Environmental Conservation
Law of New York); and
(2) the document entitled ``Governors Island Preservation
and Design Manual''--
(A) developed by the Administrator in accordance
with--
(i) the National Historic Preservation Act
(16 U.S.C. 470 et seq.); and
(ii) applicable State and local historic
preservation law; and
(B) as approved by the Administrator, State, and
City. | Requires the Administrator of General Services, as part of the overall disposition of Governors Island, to transfer administrative jurisdiction over the Monument to the Secretary of the Interior and, subject to agreement by the Secretary and the Governors Island Redevelopment Corporation, to reserve the right of access for the Secretary to the Monument for purposes of operating and maintaining it.
Requires the Secretary of the Interior to submit to specified congressional committees a management plan for the Monument.
Directs the Administrator to convey Governors Island (with the exclusion of the Monument) to New York for use consistent with a plan to be administered by the Governors Island Redevelopment Corporation and the purposes of this Act. Requires any use of the conveyed land to be consistent with such plan and purposes and to be in compliance with: (1) the New York State Environmental Quality Review Act; (2) the Governors Island Preservation and Design Manual. | Governors Island Preservation Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Obesity in Schools Act of
2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is estimated that 64.5 percent (119,000,000) of
American adults and 15 percent (9,000,000) of American children
are overweight or obese.
(2) The prevalence of obesity among children aged 6 to 11
more than doubled in the past 20 years, going from 7 percent in
1980 to 18.8 percent in 2004. The rate among adolescents aged
12 to 19 more than tripled, increasing from 5 percent to 17.1
percent.
(3) An estimated 61 percent of overweight young people have
at least 1 additional risk factor for heart disease, such as
high cholesterol or high blood pressure. In addition, children
who are overweight are at greater risk for bone and joint
problems, sleep apnea, and social and psychological problems
such as stigmatization and poor self-esteem.
(4) According to the Department of Health and Human
Services, obesity-related illnesses cost this nation
approximately $117,000,000,000 per year in increased health
care costs. This includes $61,000,000,000 in direct medical
costs for treatment of related diseases and $56,000,000,000 in
indirect costs such as lost productivity.
(5) A report released by Trust for America's Health,
entitled ``F as in Fat: How Obesity Policies are Failing in
America'', found that the United States does not have an
aggressive, coordinated national strategy needed to address
this crisis.
SEC. 3. NATIONAL STRATEGY TO REDUCE CHILDHOOD OBESITY.
The Secretary of Health and Human Services, in cooperation with
State and local governments, Federal agencies, local educational
agencies, health care providers, the research community, and the
private sector, shall develop a national strategy to reduce childhood
obesity in the United States. Such strategy shall--
(1) provide for the reduction of childhood obesity rates by
10 percent by the year 2011;
(2) address both short- and long-term solutions to reducing
the rates of childhood obesity in the United States;
(3) identify how the Federal Government can work
effectively with State and local governments, local educational
agencies, health care providers, the research community, the
private sector, and other entities as necessary to implement
the strategy; and
(4) include measures to identify and overcome all obstacles
to achieving the goal of reducing childhood obesity in the
United States.
SEC. 4. GRANTS TO LOCAL EDUCATIONAL AGENCIES TO ADOPT WELLNESS POLICIES
AND ANTI-OBESITY INITIATIVES.
(a) Grants.--The Director of the Centers for Disease Control and
Prevention shall make grants to local educational agencies to reduce
childhood obesity by adopting wellness policies and anti-obesity
initiatives.
(b) Use of Funds.--As a condition on the receipt of a grant under
this section, a local educational agency shall agree to use the grant
to reduce childhood obesity by adopting wellness policies and anti-
obesity initiatives, which may include one or more of the following:
(1) Strategies to improve the nutritional value of food
served on school campuses.
(2) Innovative ways to incorporate nutrition education into
the curriculum from prekindergarten through grade 12.
(3) Increased physical activity in during-and-after-school
activities.
(4) Any other measure that, in the determination of the
Director, may provide a significant improvement in the health
and wellness of children.
(c) Cost Sharing.--As a condition on the receipt of a grant under
this section, a local educational agency shall agree to pay, from funds
derived from non-Federal sources, not less than 25 percent of the costs
of the activities carried out with the grant.
(d) Application.--To seek a grant under this section, a local
educational agency shall submit an application to the Director at such
time, in such manner, and containing such information as the Director
may require.
(e) Annual Accountability Report.--As a condition on the receipt of
a grant under this section, a local educational agency shall agree to
submit an annual accountability report to the Director. Each such
report shall include a description of the degree to which the agency,
in using grant funds, has made progress in reducing childhood obesity.
(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $20,000,000 for each of fiscal
years 2008 through 2011.
SEC. 5. EVALUATION OF PROGRAMS FOR THE PREVENTION OF OBESITY IN
CHILDREN AND ADOLESCENTS.
(a) In General.--For the purpose described in subsection (b), the
Director shall (directly or through grants or contracts awarded to
public or nonprofit private entities) arrange for the evaluation of a
wide variety of existing programs designed in whole or in part to
prevent obesity in children and adolescents, including programs that do
not receive grants from the Federal Government for operation.
(b) Purpose.--The purpose of the evaluation under this section
shall be to determine the following:
(1) The effectiveness of programs in reducing obesity in
children and adolescents.
(2) The factors contributing to the effectiveness of the
programs.
(3) The feasibility of replicating the programs in other
locations.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Director shall submit a report to the
Congress on the results of the evaluation under this section.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2008 through 2011.
SEC. 6. HEALTHY LIVING AND WELLNESS COORDINATING COUNCILS.
(a) Grants.--The Director shall make grants on a competitive basis
to State governments, local governments, and consortia of local
governments to reduce childhood obesity through--
(1) establishing or expanding healthy living and wellness
coordinating councils; and
(2) supporting regional workshops.
(b) Uses of Funds.--As a condition on the receipt of a grant under
this section, an entity shall agree to use the grant to carry out one
or more of the following:
(1) Establishing a healthy living and wellness coordinating
council.
(2) Expanding the activities of a healthy living and
wellness coordinating council, including by implementing State-
based or region-wide activities that will reduce the rates of
childhood obesity.
(3) Supporting regional workshops designed to permit
educators, administrators, health care providers, and other
relevant parties to share successful research-based strategies
for increasing healthy living and reducing obesity in
elementary and secondary schools.
(c) Council Requirements.--In this section, the term ``healthy
living and wellness coordinating council'' means an organization that--
(1) is charged by a State government, a local government,
or a consortium of local governments, as applicable, to
increase healthy living and reduce obesity in elementary and
secondary schools; and
(2) is composed of educators, administrators, health care
providers, and other relevant parties.
(d) Cost Sharing.--As a condition on the receipt of a grant under
this section, an entity shall agree to pay, from funds derived from
non-Federal sources, not less than 25 percent of the costs of the
activities carried out with the grant.
(e) Annual Accountability Report.--As a condition on the receipt of
a grant under this section, an entity shall agree to submit an annual
accountability report to the Director. Each such report shall include a
description of the degree to which the entity, in using grant funds,
has made progress in increasing healthy living and reducing obesity in
elementary and secondary schools.
(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for each of fiscal
years 2008 through 2011.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``Director'' means the Director of the Centers
for Disease Control and Prevention.
(2) The term ``local educational agency'' has the meaning
given to that term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801). | Stop Obesity in Schools Act of 2007 - Requires the Secretary of Health and Human Services to develop a national strategy to reduce childhood obesity that: (1) provides for the reduction of childhood obesity rates by 10% by the year 2011; (2) addresses short-term and long-term solutions; (3) identifies how the federal government can work effectively with entities to implement the strategy; and (4) includes measures to identify and overcome obstacles.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) make matching grants to local educational agencies to reduce childhood obesity by adopting wellness policies and anti-obesity initiatives; (2) arrange for the evaluation of a wide variety of existing programs designed to prevent obesity in children and adolescents to determine their effectiveness, factors contributing to their effectiveness, and the feasibility of replicating the programs in other locations; and (3) make matching grants to state governments, local governments, and consortia of local governments to reduce childhood obesity through establishing or expanding healthy living and wellness coordinating councils (that are charged to increase healthy living and reduce obesity in elementary and secondary schools) and supporting regional workshops. | To reduce childhood obesity, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boko Haram Terrorist Designation Act
of 2013''.
SEC. 2. REPORT ON DESIGNATION OF BOKO HARAM AS A FOREIGN TERRORIST
ORGANIZATION.
(a) Findings.--Congress finds the following:
(1) On August 26, 2011, a vehicle borne explosive device
(VBIED) was detonated after being driven into the lobby of a
United Nations facility in Abuja, Nigeria. At least 21 people
died as a result of the explosion, and the Islamist militant
organization commonly called ``Boko Haram'' claimed
responsibility.
(2) On December 25, 2011, a series of bombs were detonated
across northern Nigeria. Some of these attacks killed
worshippers attending Christmas Day services, and killed an
estimated total of 41 people. Boko Haram claimed
responsibility.
(3) From their inception, Boko Haram has killed hundreds of
innocent civilians and has continually enhanced its lethality,
pledging to continue its use of terrorist tactics. In a July
2010 statement, Boko Haram's leader, Abubakar Shekau, issued
support to al Qaeda and made threatening remarks to the United
States.
(4) On January 31, 2012, in testimony before Congress,
Director of National Intelligence James Clapper included Boko
Haram in his worldwide threat assessment, stating, ``There are
also fears that Boko Haram--elements of which have engaged al-
Qa'ida in the Islamic Maghreb (AQIM)--is interested in hitting
Western targets, such as the U.S. Embassy and hotels frequented
by Westerners.''.
(5) On February 23, 2012, United States Ambassador to
Nigeria Terrence P. McCulley indicated Boko Haram's danger was
expanding. He said, ``We've seen an increase in sophistication,
we've seen increased lethality. We saw at last a part of the
group has decided it's in their interest to attack the
international community.''.
(6) On February 27, 2012, at a conference held by the
African Society of the National Summit on Africa, former United
States Ambassador to Nigeria Howard F. Jeter described Boko
Haram by saying, ``It is a terrorist group. If you kill 28
innocent people worshipping in a church, it is a terrorist
group.''.
(7) The Foreign Office of the United Kingdom of Great
Britain and Northern Ireland, a major United States ally,
publicly refers to Boko Haram as the ``main terrorist threat in
Nigeria''.
(b) Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall, in
consultation with the intelligence community, submit to the
appropriate congressional committees--
(A) a detailed report on whether the Nigerian
organization named ``People Committed to the
Propagation of the Prophet's Teachings and Jihad''
(commonly known as ``Boko Haram'' and by other aliases,
including Ansaru and Jama'atu Ahlis Sunna Lidda'awati
Wal-Jihad), meets the criteria for designation as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); and
(B) if the Secretary of State determines that Boko
Haram does not meet such criteria, a detailed
justification as to which criteria have not been met.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex if appropriate.
(3) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Homeland Security and
Governmental Affairs, the Committee on Armed
Services, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the
Senate; and
(ii) the Committee on Homeland Security,
the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(B) Intelligence community.--The term
``intelligence community'' has the meaning given that
term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that Boko Haram meets the criteria for
designation as a foreign terrorist organization under section 219 of
the Immigration and Nationality Act (8 U.S.C. 1189) and should be
designated as such.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to infringe upon the
sovereignty of the Government of Nigeria to combat militant or
terrorist groups operating inside the boundaries of Nigeria. | Boko Haram Terrorist Designation Act of 2013 - Directs the Secretary of State to report to Congress on whether the Nigerian organization People Committed to the Propagation of the Prophet's Teachings and Jihad (Boko Haram) meets the criteria for designation as a foreign terrorist organization. Expresses the sense of Congress that Boko Haram meets such criteria and should be designated as a foreign terrorist organization. States that nothing in this Act may be construed to infringe upon Nigeria's sovereignty to combat militant or terrorist groups operating inside its boundaries. | Boko Haram Terrorist Designation Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NAFTA Accountability Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Expanded markets.--One of the purposes of the NAFTA, as
stated in the preamble, is to ``create an expanded and secure
market'' for goods and services. Instead, the NAFTA has
resulted in a spiraling trade deficit with Mexico and Canada
that will exceed $30,000,000,000 in 1995. Rather than
harmonious development and expansion as envisioned, the NAFTA
has resulted in trade deficits which are draining
$2,500,000,000 a month from the United States economy.
(2) Currency stability.--One of the purposes of the NAFTA
is to ``ensure a predictable commercial framework for business
planning and investment''. However, the NAFTA contains no
safeguards to minimize the negative economic impacts of severe
shifts in currency exchange rates among the NAFTA Parties. To
protect its own economy the United States has sought to bolster
the Mexican peso which is now being supported by
$30,000,000,000 in loans, mostly from unwilling United States
taxpayers. The devaluation of the Mexican peso has more than
offset tariff reductions and other trade benefits the United
States expected to achieve from the agreement.
(3) Fair agricultural trade.--One of the purposes of the
NAFTA is to reduce distortions to trade. In addition, the NAFTA
is supposed to promote conditions of fair competition and to
establish mutually advantageous rules governing trade. However,
since the NAFTA, there has been a rapid escalation of one-way
trade of Canadian grain exports of wheat, durum wheat, and
barley to the United States, disrupting markets and marketing
channels. Surges in the importation of certain Mexican fruits
and vegetables threaten domestic production and the importation
of livestock and meat products from the NAFTA Parties has
exacerbated the severe problems facing United States livestock
producers.
(4) Jobs, wages, and living standards.--One of the purposes
of the NAFTA is to ``create new employment opportunities and
improve working conditions and living standards'' in the
respective territories of the NAFTA Parties. Instead, there has
been a substantial loss of over 300,000 high-paying jobs in the
United States. A survey of United States companies conducted 20
months after the implementation of the NAFTA found that 90
percent of the companies that had anticipated an increased
number of jobs from the NAFTA have, in fact, not increased
employment since the NAFTA was implemented. In the first year
of the NAFTA's implementation, United States workers had the
sharpest drop of real hourly wages on record. More than
2,000,000 workers have become unemployed in Mexico since the
implementation of the NAFTA and real wages of Mexican workers
have been slashed 50 percent. In addition to the loss of
purchasing power, there has been an erosion in the standards of
living in the United States, Canada, and Mexico.
(5) Manufacturing base.--One of the purposes of the NAFTA
is to enhance the competitiveness of firms in the global
market. However, rather than increase the ability of the
manufacturing sector in the United States to compete in the
world market, the NAFTA has facilitated the movement of United
States manufacturing facilities and jobs to Mexico. The NAFTA
has contributed to a net loss of 227,000 manufacturing jobs in
the United States during the last 7 months and an unprecedented
flood of imports of manufactured goods into the United States.
(6) Health and environment.--Other purposes of the NAFTA
are ``to safeguard the public welfare'' and ``to strengthen the
development and enforcement of environmental laws and
regulations''. Yet, since the implementation of the NAFTA, the
public welfare has been undermined by increased imports of food
products that do not meet United States health standards. In
addition, the NAFTA has accelerated the relocation of United
States manufacturing facilities to the United States-Mexico
border zone, where hundreds of new manufacturing plants have
been added. Without adequate environmental safeguards, the
uncontrolled industrial and population growth in the border
zone has aggravated pollution and health hazards, increasing
the incidence of infectious diseases and human exposure to
toxins.
(7) Illegal drugs.--Rather than safeguarding the public
welfare, the NAFTA has allowed the increased flow of illegal
drugs and controlled substances into the United States from
Mexico. More than half of all cocaine and marijuana illegally
entering the United States now comes through Mexico, with an
increasing portion carried by trucks which undergo more limited
inspection under the NAFTA.
(8) Protect rights.--The promotion of sustainable
development as well as the protection and enhancement of basic
rights are stated objectives of the NAFTA. As envisioned, the
NAFTA is to increase economic opportunity together with
expansion of political freedoms and human rights. Yet these
objectives are not being fulfilled, especially in Mexico, where
some citizens continue to experience infringements of such
rights and freedoms.
(9) NAFTA should not be expanded.--The Congress approved
the NAFTA in order to achieve economic, social, and
environmental benefits for the people of the United States.
Based on currently available information, the goals and
objectives of the NAFTA are not being achieved. Therefore, the
NAFTA should not be expanded to include any other country.
(10) NAFTA to be renegotiated and benefits certified.--
Based on the experience with the NAFTA since its
implementation, it has become evident that further negotiation
is required to resolve fundamental inadequacies within the
NAFTA with respect to trade balances, currency differentials,
and agricultural provisions. If the NAFTA is to continue,
responsible public officials must be able to certify specific
measures of economic, social, and environmental progress.
Otherwise Congress has no choice but to withdraw its approval
of the NAFTA.
SEC. 3. CONDITIONS FOR CONTINUED PARTICIPATION IN THE NAFTA.
(a) In General.--
(1) Withdrawal of approval.--Notwithstanding any other
provision of law, unless each of the conditions described in
paragraph (2) is met--
(A) the approval of the NAFTA by the Congress
provided for in section 101(a) of the North American
Free Trade Agreement Implementation Act shall cease to
be effective on October 1, 1997, and
(B) not later than April 1, 1997, the President
shall provide written notice of withdrawal to the
Governments of Canada and Mexico in accordance with
Article 2205 of the NAFTA.
(2) Conditions for continuing participation in nafta.--The
conditions described in this paragraph are that before December
31, 1996--
(A) the President--
(i) renegotiate the terms of the NAFTA in
accordance with paragraphs (1), (2), and (3) of
subsection (b), and
(ii) provide the certification to the
Congress described in subsection (b)(8),
(B) the Secretary of Labor provide the
certification described in subsection (b)(4),
(C) the Secretary of Commerce provide the
certification described in subsection (b)(5),
(D) the Secretary of Agriculture and the
Administrator of the Food and Drug Administration
provide the certification described in subsection
(b)(6)(A),
(E) the Administrator of the Environmental
Protection Agency submit the certification and report
described in subsection (b)(6)(B), and
(F) the Attorney General of the United States
provide the certification described in subsection
(b)(7).
(b) Areas of Renegotiation and Certification.--The areas of
renegotiation and certification described in this subsection are as
follows:
(1) Renegotiate the nafta to correct trade deficits.--The
President is authorized and directed to confer with the
Governments of Canada and Mexico and to renegotiate the terms
of the NAFTA to provide for implementation of emergency
adjustments of tariffs, quotas, and other measures to stabilize
the flow of trade among the NAFTA Parties when the United
States has an annual deficit in trade of goods and services
with another NAFTA Party that exceeds 10 percent of United
States exports to that Party.
(2) Renegotiate the nafta to correct currency
distortions.--The President is authorized and directed to
confer with the Governments of Canada and Mexico and to
renegotiate the terms of the NAFTA to provide for the
implementation of emergency adjustments of tariffs, quotas, and
other measures to mitigate the adverse effects of rapid or
substantial changes in exchange rates between the United States
dollar and the currency of another NAFTA Party.
(3) Renegotiate the nafta to correct agricultural
provisions.--The President is authorized and directed to confer
with the Governments of Canada and Mexico and to renegotiate
the terms of the NAFTA to provide for the implementation of
emergency tariffs, quotas, and other measures to bring the
levels of wheat, durum wheat, and barley imported from Canada
to levels that are comparable to the levels of these products
imported during the 10-year period before the date the NAFTA
entered into force with respect to the United States. The
President is further authorized and directed to renegotiate the
NAFTA to establish and strengthen provisions to prevent imports
of agricultural commodities from any NAFTA Party from unfairly
displacing United States production and to provide improved
mechanisms for relief for United States producers that are
adversely impacted by such imports.
(4) Certification of gains in united states jobs and living
standards.--If the Secretary of Labor, after consultation with
appropriate government agencies and citizen organizations,
determines that--
(A) the number of jobs resulting from increased
exports of United States manufactured goods to other
NAFTA Parties exceeds the number of jobs lost because
of imports of manufactured goods from other NAFTA
Parties since January 1, 1994, and
(B) the purchasing power of wage-earners in the
United States has increased since January 1, 1994,
the Secretary shall so certify to the Congress.
(5) Certification of increased domestic manufacturing.--If
the Secretary of Commerce, after consultation with the
appropriate government agencies and citizen organizations,
determines that the export of United States manufactured goods
to the NAFTA Parties exceeds the imports of manufactured goods
from NAFTA Parties, the Secretary shall so certify to the
Congress. In making the determination, the Secretary shall not
include any goods originating outside the United States that
are exported to another NAFTA Party, nor imports from another
NAFTA Party that are destined for other countries.
(6) Certification relating to health and environmental
standards.--
(A) In general.--If the Secretary of Agriculture
and the Administrator of the Food and Drug
Administration, after consultation with appropriate
government agencies and citizen organizations,
determine, with respect to imports from NAFTA Parties,
that since January 1, 1994, there has been a reduced
incidence of contaminated and adulterated food, food
containing additives or pesticide residues exceeding
United States standards, or food containing additives
or pesticide residues which cannot be legally used in
the United States, the Secretary and Administrator
shall so certify to the Congress. In making this
determination, all foods and food products, including
fruits, vegetables, grains, oilseeds, and meats, both
fresh and processed, shall be reviewed. Special
attention shall be given to foods which have had a
history of violations.
(B) Border area pollution.--If the Administrator of
the Environmental Protection Agency determines that
conditions affecting public health in the United
States-Mexico border zone have not worsened since
January 1, 1994, the Administrator shall so certify to
the Congress. In addition, the Administrator, in
consultation with the Secretariat for the NAFTA
Commission on Environmental Cooperation, shall report
to the Congress on the outcomes of the Administration's
investigations on pollution and health hazards in and
around the United States-Mexico border zone since the
implementation of the NAFTA. The report shall include--
(i) a description and status report of all
industrial site cleanup and environmental
improvement projects begun in the border zone
since January 1, 1994;
(ii) information available from local,
State, and Federal health agencies reflecting
the incidence since January 1, 1990, in and
around the border zone of hepatitis, neural
stem birth defects, lupus, chronic adolescent
diarrhea, tuberculosis, nonneural birth
defects, cholera, botulism, and other disorders
commonly related to industrial pollution,
inadequate infrastructures, and hazardous
waste; and
(iii) information on the incidence of air
and water pollution since January 1, 1990, and
the causes, levels, and types of pollution
which have occurred.
(7) Certification relating to illegal drugs.--If the
Attorney General of the United States determines, after a
review by the Drug Enforcement Administration and consultation
with appropriate government agencies and citizen organizations,
that increased imports from the NAFTA Parties are not resulting
in an increase in illegal drugs or other controlled substances
from Mexico or Canada, the Attorney General shall so certify to
the Congress. The Attorney General through the Drug Enforcement
Administration shall conduct a thorough review and report to
the Congress regarding the flow of illegal drugs from Mexico
and Canada and the relationship of such flow to trade of other
commodities and services with the NAFTA Parties.
(8) Certification relating to democracy and human
freedoms.--If the President, after consultation with
appropriate government agencies, international organizations,
and citizen organizations, determines that the Government of
Mexico--
(A) is elected in free and fair elections,
(B) protects the rights of its citizens to organize
into political parties,
(C) protects the rights of its citizens to free
speech and the right of the news media to operate
without fear of government control or reprisal, and
(D) protects the rights of its citizens to assemble
and to organize associations to advance human rights
and economic opportunities,
the President shall so certify to the Congress.
SEC. 4. CONSULTATION WITH CONGRESS.
The President shall consult regularly with the Congress regarding
the negotiations described in section 3(b) (1), (2), and (3). The
United States Trade Representative shall consult with the appropriate
committees of Congress in the development of any technical and
conforming amendments that may be required to carry out the provisions
of this Act.
SEC. 5. NO EXPANSION OF NAFTA.
Until such time as the conditions described in section 3(b) are
met, it is the sense of the Congress that the President should not
engage in negotiations to expand the NAFTA to include other countries
and that fast-track authority should not be renewed with respect to the
approval of any such expansion of the NAFTA.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) NAFTA.--The term ``NAFTA'' means the North American
Free Trade Agreement entered into between the United States,
Canada, and Mexico on December 17, 1992.
(2) NAFTA party.--The term ``NAFTA Party'' means the United
States, Canada, or Mexico.
(3) United States-Mexico border zone.--The term ``United
States-Mexico border zone'' means the area that comprises the
12-mile zone on the Mexican side of the United States-Mexico
border and the counties within any State of the United States
that are contiguous with Mexico. | NAFTA Accountability Act - Requires assessment of the impact of the North American Free Trade Agreement (NAFTA), further negotiation of certain NAFTA provisions, and withdrawal from NAFTA unless specified conditions are met and certified to.
Sets forth conditions for continuing U.S. participation in NAFTA, which must be met before the end of 1996. Requires the President to renegotiate the terms of NAFTA to correct trade deficits, currency distortions, and agricultural provisions in specified ways. Requires certifications by certain U.S. officials with respect to NAFTA, relating to: (1) gains in U.S. jobs and living standards (by the Secretary of Labor); (2) increased U.S. domestic manufacturing (by the Secretary of Commerce); (3) health and environmental standards, with respect to food imports and to U.S.-Mexico border areas (by the Secretary of Agriculture, the Administrator of the Food and Drug Administration, and the Administrator of the Environmental Protection Agency); (4) flow of illegal drugs from Mexico and Canada (by the Attorney General); and (5) Mexican democracy and human freedoms (by the President).
Directs the President to consult regularly with the Congress regarding such negotiations. Directs the U.S. Trade Representative to consult with appropriate congressional committees in developing technical and conforming amendments that may be required to carry out this Act.
Expresses the sense of the Congress that until the conditions set by this Act are met: (1) the President should not engage in negotiations to expand NAFTA to include other countries; and (2) fast-track authority should not be renewed with respect to the approval of any such NAFTA expansion. | NAFTA Accountability Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Employment Outcomes of
TANF Recipients Act''.
SEC. 2. IMPROVING ECONOMIC MOBILITY OF TANF RECIPIENTS.
Section 403(a)(4) of the Social Security Act (42 U.S.C. 603(a)(4))
is amended to read as follows:
``(4) Improving economic mobility of tanf recipients.--
``(A) Measuring state performance.--
``(i) In general.--Each State, in
consultation with the Secretary, shall collect
and report information necessary to measure the
level of performance of the State for each
indicator described in clause (ii), for fiscal
year 2018 and each fiscal year thereafter, and
the Secretary shall use the information
collected for fiscal year 2018 to establish the
baseline level of performance of each State for
each such indicator.
``(ii) Indicators.--The indicators
described in this clause, for a fiscal year,
are the following:
``(I) The employment percentage for
the fiscal year, which is equal to--
``(aa) the number of
families receiving assistance
under the State program funded
under this part or any other
State program funded with
qualified State expenditures
(as defined in section
409(a)(7)(B)(ii)) who, during a
quarter in the fiscal year,
exited from the program, and
who, during the 2nd quarter
after the exit, include an
adult in unsubsidized
employment; divided by
``(bb) the number of
families who received
assistance from the program in
the exit quarter referred to in
subclause (aa).
``(II) The retention percentage for
the fiscal year, which is equal to--
``(aa) the number of
families receiving assistance
from the State program funded
under this part or any other
State program funded with
qualified State expenditures
(as defined in section
409(a)(7)(B)(ii)) who, during a
quarter in the fiscal year,
exited from the program, and
who, during the 4th quarter
after the exit, include an
adult in unsubsidized
employment; divided by
``(bb) the number of
families who received
assistance under the program in
the exit quarter referred to in
subclause (aa).
``(III) The advancement measure for
the fiscal year, which is equal to the
median earnings of the adults receiving
assistance under the State program
funded under this part or any other
State program funded with qualified
State expenditures (as defined in
section 409(a)(7)(B)(ii)) who, during a
quarter in the fiscal year, exited from
the program, and who during the 2nd
quarter after the exit, are in
unsubsidized employment.
``(iii) Agreement on requisite performance
level for each indicator.--
``(I) Fiscal years 2019 and 2020.--
The State shall reach agreement with
the Secretary on the requisite level of
performance for each indicator
described in clause (ii), for each of
fiscal years 2019 and 2020. In
establishing the requisite levels of
performance, the State and the
Secretary shall--
``(aa) take into account
how the levels involved compare
with the levels established for
other States;
``(bb) ensure the levels
involved are adjusted, using
the objective statistical model
referred to in clause (v),
based on--
``(AA) the
differences among
States in actual
economic conditions,
including differences
in unemployment rates
and job losses or gains
in particular
industries; and
``(BB) the
characteristics of
participants on entry
into the program,
including indicators of
prior work history,
lack of educational or
occupational skills
attainment, or other
factors that may affect
employment and
earnings; and
``(cc) take into account
the extent to which the levels
involved promote continuous
improvement in performance by
each State.
``(II) Fiscal year 2021.--The State
shall reach agreement with the
Secretary, before fiscal year 2021, on
the requisite level of performance for
each indicator described in clause
(ii), for fiscal year 2021, which shall
be established in accordance with
subclause (I) of this clause.
``(iv) Revisions based on economic
conditions and individuals receiving assistance
during the fiscal year.--The Secretary shall,
in accordance with the objective statistical
model referred to in clause (v), revise the
requisite levels of performance for a fiscal
year and a State to reflect the actual economic
conditions and characteristics of participants
during that fiscal year in the State.
``(v) Statistical adjustment model.--The
Secretary shall use an objective statistical
model to make adjustments to the requisite
levels of performance for actual economic
conditions and characteristics of participants,
and shall consult with the Secretary of Labor
to develop a model that is the same as or
similar to the model described in section
116(b)(3)(viii) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141).
``(B) Report on state performance.--
``(i) In general.--Not later than October
1, 2017, the Secretary shall develop a template
which each State shall use to report on
outcomes achieved under the State program
funded under this part or any other State
program funded with qualified State
expenditures (as defined in section
409(a)(7)(B)(i)).
``(ii) Contents.--Each such report shall
include--
``(I) the number of individuals who
exited the program during the year, and
their reasons for doing so, including a
separate accounting of the number of
work-eligible individuals (as so
defined) who exited the program during
the year and their reasons for doing
so;
``(II) the characteristics of the
individuals who exited the program
during the year, including information
on the length of time the individual
received assistance under the program,
the educational level of the
individual, and the earnings of the
individual in the 4 quarters preceding
the exit; and
``(III) information specifying the
levels of performance achieved on each
indicator described in subparagraph
(A)(ii).
``(iii) Publication.--Not later than
September 30 of fiscal year 2020 and of each
succeeding fiscal year, the Secretary shall
make available electronically to the public
each report submitted under this subparagraph
during the fiscal year.
``(C) Regulations.--The Secretary, in consultation
with the Secretary of Labor, shall prescribe such
regulations as may be necessary to provide for the
measurement of State performance on the indicators
described in this paragraph.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2016.
Amend the title so as to read: ``A bill to increase the
employment, job retention, and earnings of former TANF
recipients.''. | Improving Employment Outcomes of TANF Recipients Act (Sec. 2) This bill amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to replace the current program of bonus grants for high performing states with a program requiring each state to collect and report information necessary to measure the state's level of performance for FY2018 and each ensuing fiscal year for each employment percentage, retention percentage, and earnings advancement measure for adults in unsubsidized employment after exiting the TANF program (indicators). The Department of Health and Human Services (HHS) shall use the information collected for FY2018 to establish the baseline level of performance of each state for each indicator. The state shall reach agreement with HHS: (1) on the requisite level of performance for each indicator for FY2019-FY2020; and (2) before FY2021 on the requisite level of performance for each indicator for that fiscal year. HHS shall revise the requisite levels of performance for a fiscal year and a state to reflect the actual economic conditions and characteristics of participants. HHS shall use an objective statistical model to make such performance level adjustments, and shall consult with the Department of Labor to develop a statistical adjustment model similar to one described in the Workforce Innovation and Opportunity Act. HHS shall also develop a template which each state shall use to report on outcomes achieved under the new program or any other state program funded with qualified state expenditures. | Improving Employment Outcomes of TANF Recipients Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Fairness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coast line.--The term ``coast line'' means the line of
ordinary low water along the portion of the coast which is in
direct contact with the open sea and the line marking the
seaward limit of inland waters, as in existence on the day that
is 1 day before the date of enactment of this Act.
(2) Existing interest.--The term ``existing interest''
means any lease, easement, right of use, or right-of-way on, or
for any natural resources or minerals, underlying, expanded
submerged land that is in existence on the date of conveyance
of the expanded submerged land.
(3) Expanded seaward boundary.--The term ``expanded seaward
boundary'' means the boundary of a State that is 3 marine
leagues seaward of the coast line of the State.
(4) Expanded submerged land.--The term ``expanded submerged
land'' means the area of the outer Continental Shelf that is
located between the point that is 3 miles seaward of the coast
line of a State and the point that is 3 marine leagues seaward
of the coast line of the State.
(5) Interest owner.--The term ``interest owner'' means any
person holding an existing interest or a portion of an existing
interest.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means any of the States of
Alabama, Florida, Georgia, Louisiana, Mississippi, North
Carolina, South Carolina, and Virginia.
SEC. 3. SEAWARD BOUNDARIES OF CERTAIN STATES.
(a) Seaward Boundaries.--Section 4 of the Submerged Lands Act (43
U.S.C. 1312) is amended--
(1) by striking ``The'' at the beginning and inserting the
following:
``(a) In General.--Except for the States described in subsection
(b), the''; and
(2) by adding at the end the following:
``(b) Seaward Boundaries of Certain Coastal States.--Subject to
subsection (a), the seaward boundary of each of the following States
shall be a line 3 marine leagues distant from the coast line of the
State as of the date that is 1 day before the date of enactment of the
Offshore Fairness Act:
``(1) Alabama.
``(2) Florida.
``(3) Georgia.
``(4) Louisiana.
``(5) Mississippi.
``(6) North Carolina.
``(7) South Carolina.
``(8) Virginia.''.
(b) Conforming Amendments.--Section 2 of the Submerged Lands Act
(43 U.S.C. 1301) is amended--
(1) in subsection (a)(2), by inserting ``, or 3 marine
leagues distant from the coast line of a State described in
section 4(b),'' after ``the coast line of each such State'';
and
(2) in subsection (b)--
(A) by striking ``from the coast line'';
(B) by inserting ``from the coast line of a State,
or more than 3 marine leagues from the coast line of a
State described in section 4(b),'' after ``three
geographical miles''; and
(C) by inserting ``from the coast line of a State,
or more than 3 marine leagues from the coast line of a
State described in section 4(b),'' after ``three marine
leagues''.
SEC. 4. CONVEYANCE.
(a) In General.--Subject to subsections (b) and (c) and section 5,
the Secretary shall, by not later than 120 days after the date of
enactment of this Act--
(1) notify each State of the right to request a conveyance
of the applicable interest of the United States in and to the
expanded submerged land; and
(2) at the request of a State, convey to the applicable
State the interest of the United States in and to the expanded
submerged land.
(b) Administration.--On conveyance under subsection (a), the
Secretary shall transfer to the Governor of the State the authority to
exercise the powers and duties of the Secretary under the terms of any
existing interest, subject to the condition that the State--
(1) shall not impose any burdens or requirements on an
interest owner that would be stricter than any burdens or
requirements imposed under Federal law; and
(2) shall not impose any administrative or judicial penalty
or sanction on an interest owner that is more severe than any
administrative or judicial penalty or sanction under current
Federal law.
(c) Liability.--As a condition of accepting the conveyance, the
State shall agree to indemnify the United States from any liability to
any interest owner for the taking of a property interest or breach of
contract arising from--
(1) the conveyance of the expanded submerged land to the
State; or
(2) the administration by the State of any existing
interest on or underlying the expanded submerged land.
SEC. 5. EFFECT.
(a) In General.--Subject to subsections (b) through (e), this Act
and the amendments made by this Act shall not affect any valid existing
right in and to the expanded submerged land.
(b) Submerged Land.--Submerged land within the seaward boundaries
of a State (as extended by the amendments made by this Act) shall be--
(1) subject to Federal oil and gas mineral rights to the
extent provided by law;
(2) considered to be part of the Federal outer Continental
Shelf for purposes of the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.); and
(3) subject to--
(A) leasing under the authority of that Act;
(B) the distribution of revenues under section
8(g)(2) of that Act (43 U.S.C. 1337(g)(2)); and
(C) any other laws applicable to the leasing of the
oil and gas resources of the Federal outer Continental
Shelf, including the Gulf of Mexico Energy Security Act
of 2006 (43 U.S.C. 1331 note; Public Law 109-432).
(c) Existing Leases.--
(1) In general.--The amendments made by this Act shall not
affect any Federal oil and gas lease in effect on the date of
conveyance under section 4.
(2) Divided leases.--If the conveyance under section 4
results in a division of a Federal oil and gas lease that is in
existence on the date of conveyance, the conveyance of the
portion of the expanded submerged land that is covered by the
lease shall not take effect until the date that is 1 day after
the date that the lease expires or terminates.
(d) Future Interests.--This section shall not apply to any interest
in the expanded submerged land that is granted by the State after the
date on which the land is conveyed to the State under section 4.
(e) Taxation.--
(1) In general.--Subject to paragraph (2), a State may
exercise all of the sovereign powers of taxation of the State
within the entire extent of the seaward boundaries of the State
(as extended by the amendments made by this Act).
(2) Limitation.--Nothing in this subsection affects the
authority of a State to tax any Federal oil and gas lease in
effect on the date of enactment of this Act.
SEC. 6. JURISDICTION OF GULF COASTAL STATES WITH RESPECT TO GULF OF
MEXICO RED SNAPPER.
(a) Definitions.--In this section:
(1) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given the term in section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802).
(2) Gulf coastal state.--The term ``Gulf coastal State''
means the following States bordering the Gulf of Mexico:
(A) Alabama.
(B) Florida.
(C) Louisiana.
(D) Mississippi.
(E) Texas.
(b) Jurisdiction.--For purposes of management of Gulf of Mexico red
snapper, on approval by each of the Gulf coastal States of a fishery
management plan applicable to the Gulf coastal States that provides for
the sustainability of Gulf of Mexico red snapper, the Gulf coastal
States shall have exclusive fishery management authority to manage and
conserve the Gulf of Mexico red snapper in adjacent coastal waters of
the applicable Gulf coastal State and extending through the exclusive
economic zone.
(c) National Oceanic and Atmospheric Administration.--The
Administrator of the National Oceanic and Atmospheric Administration
shall provide financial assistance to the Gulf coastal States for the
conduct of any necessary stock assessments and data collection relating
to Gulf of Mexico red snapper under subsection (b). | Offshore Fairness Act This bill amends the Submerged Lands Act to change the seaward boundaries of Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia from a distance of three geographic miles from the coast line to a distance of three marine leagues. This change expands the offshore jurisdictions of those states. The Department of the Interior must convey the submerged land in the Outer Continental Shelf that is within this expanded area to a state upon request. After a conveyance, states are prohibited from imposing on that land: (1) burdens or requirements on an interest owner that would be stricter than federal burdens or requirements, or (2) administrative or judicial penalties or sanctions on an interest owner that are more severe than the federal penalties or sanctions. The submerged land within the seaward boundaries of those states are subject to federal oil and gas mineral rights and are considered to be part of the federal Outer Continental Shelf for purposes of the Outer Continental Shelf Lands Act, the Gulf of Mexico Energy Security Act of 2006, and other laws applicable to the leasing of the oil and gas resources. Alabama, Florida, Louisiana, Mississippi, and Texas are given exclusive fishery management authority to manage and conserve the Gulf of Mexico red snapper in adjacent coastal waters of the applicable state and through the exclusive economic zone. The National Oceanic and Atmospheric Administration must provide financial assistance to those states for stock assessments and data collection relating to the Gulf of Mexico red snapper. | Offshore Fairness Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``More Border Patrol Agents Now Act of
2006''.
SEC. 2. BORDER PATROL AGENT ENHANCEMENT.
(a) Plan.--In order to address the recruitment and retention
challenges faced by the United States Border Patrol, the Secretary of
Homeland Security shall, not later than six months after the date of
the enactment of this Act, submit to the Committee on Homeland Security
and the Committee on Government Reform of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a plan to determine how the Border Patrol can better recruit and
retain Border Patrol agents with the appropriate skills and training to
effectively carry out its mission and responsibilities.
(b) Contents.--The plan shall include, at a minimum, the following
components:
(1) A strategy for the utilization of the recruitment
authority provided under subsection (b), as well as any other
strategies the Secretary determines to be important in
recruiting well-qualified Border Patrol agents.
(2) A strategy for the utilization of the retention
authority provided under subsection (b), as well as any other
strategies the Secretary determines to be important in
retaining well-qualified Border Patrol agents.
(3) An assessment of the impact that current pay levels for
Border Patrol agents has on the Department's ability to recruit
and retain Border Patrol agents, especially in high cost-of-
living areas.
(4) An assessment of whether increased flexibility in the
Department's ability to transfer Border Patrol agents between
duty stations would improve employee morale and enhance the
Department's ability to recruit and retain well-qualified
Border Patrol agents.
SEC. 3. RECRUITMENT AND RETENTION BONUSES FOR BORDER PATROL AGENT
ENHANCEMENT.
(a) In General.--Chapter 97 of title 5, United States Code, is
amended by adding at the end the following new section:
``Sec. 9702. Border Patrol agent enhancement
``(a) Recruitment Bonuses for Border Patrol Agents.--
``(1) In general.--In order to carry out the plan described
in section 2(a) of the More Border Patrol Agents Now Act of
2006, the Secretary of Homeland Security may pay a bonus to an
individual to recruit a sufficient number of Border Patrol
agents.
``(2) Bonus amount.--
``(A) In general.--The amount of a bonus under this
subsection shall be determined by the Secretary, but
may not exceed 25 percent of the annual rate of basic
pay of the position involved as of the beginning of the
period of service referred to in paragraph (3)(A).
``(B) Lump-sum.--A bonus under this subsection
shall be paid in the form of a lump-sum payment and
shall not be considered to be part of basic pay.
``(3) Service agreements.--Payment of a bonus under this
section shall be contingent upon the individual entering into a
written service agreement with the United States Border Patrol.
The agreement shall include--
``(A) the period of service the individual shall be
required to complete in return for the bonus; and
``(B) the conditions under which the agreement may
be terminated before the agreed-upon service period has
been completed, and the effect of such termination.
``(4) Limitation on eligibility.--A bonus under this
section may not be paid to recruit an individual for--
``(A) a position to which an individual is
appointed by the President, by and with the advice and
consent of the Senate;
``(B) a position in the Senior Executive Service as
a noncareer appointee (as defined in section 3132(a));
or
``(C) a position which has been excepted from the
competitive service by reason of its confidential,
policy-determining, policy-making, or policy-advocating
character.
``(5) Termination.--The authority to pay bonuses under this
subsection shall terminate five years after the date of the
enactment of this section.
``(b) Retention Bonuses for Border Patrol Agents.--
``(1) In general.--In order to carry out the plan described
in section 2(a) of the More Border Patrol Agents Now Act of
2006, the Secretary of Homeland Security may pay a retention
bonus to a Border Patrol agent.
``(2) Service agreement.--Payment of a bonus under this
subsection is contingent upon the employee entering into a
written service agreement with the United States Border Patrol
to complete a period of service with the Border Patrol. Such
agreement shall include--
``(A) the period of service the employee shall be
required to complete in return for the bonus; and
``(B) the conditions under which the agreement may
be terminated before the agreed-upon service period has
been completed, and the effect of such termination.
``(3) Bonus amount.--
``(A) In general.--The amount of a bonus under this
subsection shall be determined by the Secretary, but
may not exceed 25 percent of the annual rate of basic
pay of the position involved as of the beginning of the
period of service referred to in paragraph (2)(A).
``(B) Lump-sum.--A bonus under this subsection
shall be paid in the form of a lump-sum payment and
shall not be considered to be part of basic pay.
``(4) Limitation.--A bonus under this subsection may not be
based on any period of service which is the basis for a
recruitment bonus under subsection (a).
``(5) Termination of authority.--The authority to grant
bonuses under this subsection shall expire five years after the
date of the enactment of this section.
``(c) Waiver Authority Relating to Reemployed Annuitants.--
``(1) In general.--In order to help address the challenges
faced by the United States Border Patrol, the Secretary of
Homeland Security may appoint annuitants to positions within
the United States Border Patrol in accordance with succeeding
provisions of this subsection.
``(2) Exclusion from offset.--An annuitant serving in a
position within the United States Border Patrol pursuant to an
appointment made under paragraph (1)--
``(A) shall not be subject to the provisions of
section 8344 or 8468, as the case may be; and
``(B) shall not, for purposes of subchapter III of
chapter 83 or chapter 84, be considered an employee.
``(3) Limitations.--
``(A) Appointments.--The authority to make any
appointments under paragraph (1) shall terminate five
years after the date of the enactment of this
subsection.
``(B) Exclusion.--The provisions of paragraph (2)
shall not, in the case of any annuitant appointed under
paragraph (1), remain in effect--
``(i) with respect to more than five years
of service (in the aggregate); nor
``(ii) with respect to any service
performed after the end of the ten-year period
beginning on the date of the enactment of this
subsection.
``(4) Definition.--For purposes of this subsection, the
term `annuitant' has the meaning given such term by section
8331 or 8401, as the case may be.''.
(b) Conforming Amendment.--The table of contents for chapter 97 of
title 5, United States Code, is amended by adding at the end the
following:
``9702. Border Patrol agent enhancement.''. | More Border Patrol Agents Now Act of 2006 - Directs the Secretary of Homeland Security to submit to the House Committees on Homeland Security and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs a plan to determine how the Border Patrol can better recruit and retain agents with the appropriate skills and training. Requires such plan to include: (1) recruitment and retention strategies; and (2) assessments of the impact of pay levels and duty station transfer opportunities upon recruitment and retention.
Amends federal law to authorize the Secretary (for five years) to pay a: (1) bonus to an individual to recruit Border Patrol agents; and (2) retention bonus to Border Patrol agents.
Authorizes the Secretary (for five years) to appoint annuitants to Border Patrol positions. | To recruit and retain Border Patrol agents. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Railroad Security
and Public Awareness Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Rail worker security training program.
Sec. 3. Public awareness.
Sec. 4. Railroad security upgrades.
SEC. 2. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Homeland Security, in consultation with
appropriate law enforcement, security, and terrorism experts,
representatives of railroad carriers, and nonprofit employee
organizations that represent rail workers, shall develop and issue
detailed guidance for a rail worker security training program to
prepare front-line workers for potential threat conditions.
(b) Program Elements.--The guidance developed under subsection (a)
shall require such a program to include, at a minimum, elements that
address the following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Live situational training exercises regarding various
threat conditions, including tunnel evacuation procedures.
(8) All employee training provisions included in the
Transportation Security Directive (SD RAILPAX-04-01 and SD
RAILRAX-04-02) issued under the authority of section 114 of
title 49, United States Code, by the Transportation Security
Administration on May 20, 2004.
(9) Any other areas that the Secretary deems appropriate.
(c) Railroad Carrier Programs.--Not later than 60 days after the
Secretary issues guidance under subsection (a) in final form, each
railroad carrier shall develop a rail worker security training program
in accordance with that guidance and submit it to the Secretary for
approval. Not later than 30 days after receiving a railroad carrier's
program under this subsection, the Secretary shall review the program
and approve it or require the railroad carrier to make any revisions
the Secretary considers necessary for the program to meet the guidance
requirements.
(d) Training.--Not later than 180 days after the Secretary approves
the training program developed by a railroad carrier under this
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program.
(e) Updates.--The Secretary shall update the training guidance
issued under subsection (a) from time to time to reflect new or
different security threats, and require railroad carriers to revise
their programs accordingly and provide additional training to their
front-line workers.
(f) Security Training Program Grants.--The Secretary of Homeland
Security is authorized to make grants to railroads (including
intercity, heavy, and light rail), hazardous materials shippers, owners
of rail cars used in the transportation of hazardous materials,
universities, colleges, and research centers, and State and local
governments (for railroad facilities and infrastructure) for full or
partial reimbursement of costs incurred to implement the program
detailed in subsection (a).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security $250,000,000 for
fiscal year 2006 to carry out the purposes of this section. Amounts
appropriated pursuant to this subsection shall remain available until
expended.
(h) Definition.--For purposes of this section, the term ``front-
line workers'' means heavy and light rail employees who have daily
access to the operations infrastructure and passengers of their rail
systems.
SEC. 3. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, shall develop a national plan for
public outreach and awareness. Such plan shall be designed to increase
awareness of measures that the general public, railroad passengers, and
railroad employees can take to increase railroad system security. Such
plan shall also provide outreach to railroad carriers and their
employees to improve their awareness of available technologies, ongoing
research and development efforts, and available Federal funding sources
to improve railroad security. Not later than 9 months after the date of
enactment of this Act, the Secretary of Homeland Security shall
implement the plan developed under this section.
SEC. 4. RAILROAD SECURITY UPGRADES.
(a) Security Improvement Grants.--The Secretary of Homeland
Security is authorized to make grants to railroads (including intercity
passenger and heavy and light rail), hazardous materials shippers,
owners of rail cars used in the transportation of hazardous materials,
universities, colleges, and research centers, and State and local
governments (for railroad facilities and infrastructure) for full or
partial reimbursement of costs incurred to prevent or respond to acts
of terrorism, sabotage, or other railroad security threats, including
providing for--
(1) technologies for reduction of tank car vulnerability;
(2) demonstration of bridge and tunnel inspection
technologies;
(3) security and redundancy for critical communications,
electric power (including traction power), computer, and train
control systems essential for secure railroad operations or to
continue railroad operations after an attack impacting railroad
operations;
(4) the security of hazardous material transportation by
railroad;
(5) secure passenger railroad stations, trains, and
infrastructure;
(6) public security awareness campaigns for passenger train
operations;
(7) the sharing of intelligence and information about
railroad security threats;
(8) train tracking and interoperable communications systems
that are coordinated to the maximum extent possible;
(9) additional police and security officers, including
canine units; and
(10) all provisions included in the Transportation Security
Directives (SD RAILPAX-04-01 and SD RAILPAX-04-02) issued under
the authority of section 114 of title 49, United States Code,
by the Transportation Security Administration on May 20, 2004.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security $250,000,000 for
fiscal year 2006 to carry out the purposes of this section. Amounts
appropriated pursuant to this subsection shall remain available until
expended. | Railroad Security and Public Awareness Act of 2004 - Directs the Secretary of Homeland Security to develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. Requires railroad carriers to develop a rail worker security training program that meets the Secretary's approval. Authorizes the Secretary to make grants to railroads (including intercity, heavy, and light rail), hazardous materials shippers, owners of hazardous materials rail cars, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of: (1) rail worker security training program costs; and (2) security upgrade costs incurred by a railroad to prevent or respond to acts of terrorism, sabotage, or other railroad security threats.
Directs the Secretary to develop a national plan for public outreach and awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad security. | To provide for the security and safety of rail transportation systems in the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Medical Malpractice
Information Reporting and Competition Act of 2003''.
SEC. 2. ESTABLISHMENT OF OFFICE OF HEALTH CARE COMPETITION WITHIN THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES.
(a) In General.--There is established within the Department of
Health and Human Services an Office to be known as the Office of Health
Care Competition Policy (in this section referred to as the
``Office''). The Office shall be headed by a Director, who shall be
appointed by the Secretary of such Department.
(b) Duties.--
(1) Responsibility for national practitioner data base.--
The Office shall be responsible for activities of the Secretary
under part B of title IV of the Health Care Quality Improvement
Act of 1986 (title IV of Public Law 99-660), including the
National Practitioner Data Base under such part.
(2) Annual report.--The Director of the Office shall submit
a report each year to the Secretary of Health and Human
Services on activities conducted under such part.
SEC. 3. CHANGES IN NATIONAL PRACTITIONER DATA BASE PROVISIONS.
(a) Requiring Additional Reports on Medical Malpractice Insurance
and Claims.--Part B of title IV of the Health Care Quality Improvement
Act of 1986 (title IV of Public Law 99-660) is amended by inserting
after section 421 the following new section:
``SEC. 421A. REQUIRING REPORTS ON MEDICAL MALPRACTICE INSURANCE AND
CLAIMS.
``(a) In General.--Each entity (including an insurance company)
which underwrites a policy of insurance for medical malpractice actions
or claims shall report, in accordance with section 424, information
respecting such insurance and claims for payment under such policy.
Such information shall be in addition to, and may be coordinated with,
the information required to be reported under section 421.
``(b) Information to Be Reported.--
``(1) In general.--The information to be reported under
subsection (a) by an entity with respect to a medical
malpractice insurance policy includes the following:
``(A) Direct premiums written.
``(B) Direct premiums earned.
``(C) Net investment income, including net realized
capital gains and losses, using appropriate estimates
where necessary.
``(D) Incurred claims, developed as the sum of the
following (the report shall include data for each of
the following:
``(i) Dollar amount of claims closed with
payment; plus.
``(ii) Reserves for reported claims at the
end of the current year; minus.
``(iii) Reserves for reported claims at the
end of the previous year; plus.
``(iv) Reserves for incurred but not
reported claims at the end of the current year;
minus.
``(v) Reserves for incurred but not
reported claims at the end of the previous
year; plus.
``(vi) Loss adjustment expenses for claims
closed; plus.
``(vii) Reserves for loss adjustment
expense at the end of the current year; minus.
``(viii) Reserves for loss adjustment
expense at the end of the previous year.
(categories used to develop the sum of incurred
claims).
``(E) Actual incurred expenses allocated separately
to loss adjustment, commissions, other acquisition
costs, advertising, general office expenses, taxes,
licenses and fees, and all other expenses.
``(F) Net underwriting gain or loss.
``(G) Net operation gain or loss, including net
investment income.
``(H) The number and dollar amount of claims closed
with payment by year incurred, the amount reserved for
each claim, the year(s) in which the reserves were set,
and the amounts set in each year.
``(I) The number of claims closed without payment,
the dollar amount reserved for each claim, the years in
which reserves were set, and the amounts set in each.
``(J) The number of claims pending at the end of
each year, the amount of reserve[d] for each claim, the
year(s) in which the reserves were set, and the amounts
set in each year.
``(2) Claims paid.--Such report shall also include the
following:
``(A) For claims paid by the insurer during the
calendar year, in which a verdict had at any time been
rendered.
``(i) The dollar amount paid by the
insurance company; and
``(ii) The dollar amount of the original
verdict.
``(B) For claims paid by the insurer during the
calendar year, in which a verdict had at any time been
rendered.
``(i) The dollar amount of the original
verdict, broken out as follows:
``(I) The total amount of past
economic damages assessed by the trier
of fact.
``(II) The total amount of future
economic damages assessed by the trier
of fact.
``(III) The total amount of
compensatory non-economic damages
assessed by the trier of fact.
``(IV) The total amount of punitive
damages assessed by the trier of fact.
``(ii) The dollar amount paid by all
parties.
``(iii) The dollar amount paid by the
insurer.
``(iv) The number of claims paid by the
insurer.
``(C) For claims paid by the insurer during the
calendar year, in which a verdict had never been
rendered.
``(i) The total amount paid by the insurer
broken out as follows:
``(I) The amount of the plaintiff's
past economic damages, as submitted by
the plaintiff.
``(II) The amount of the
plaintiff's future economic damages, as
estimated by the insurer.
``(III) The amount paid by the
insurer for other damages.
``(ii) The number of claims paid by the
insurer.
``(D) The number of claims in which the insurer
paid--
``(i) more than $250,000 in non-economic
damages; and
``(ii) more than $500,000 in non-economic
damages.
``(E) For claims paid by the insurer during the
calendar year, the number of claims in which--
``(i) punitive damages were assessed by the
trier of fact;
``(ii) punitive damages were paid by any
party; and
``(iii) punitive damages were paid by the
insurer.
``(F) For claims paid by the insurer during the
calendar year--
``(i) the dollar amount of punitive damages
assessed by the trier of fact;
``(ii) the dollar amount of punitive
damages paid by all parties; and
``(iii) the dollar amount of punitive
damages paid by the insurer.
``(G) The number and dollar amount of claims paid
by the insurer during the calendar year in which
parties other than the insured--
``(i) had at any time been found liable by
the trier of fact; or
``(ii) had been estimated by the insurance
company to have some liability.
``(H) For those claims identified in paragraph (7),
the amount by which the amount paid by the insurer
exceeds the amount proportional to the insured's
percentage of responsibility.
``(I) Such other information as the Secretary
determines is required for appropriate interpretation
of information reported under this section.
``(c) Sanctions for Failure to Report.--The provisions of section
421(c) shall apply to information required to be reported under this
section in the same manner as they apply to the reporting of
information on a payment required to be reported under section 421.
``(d) Coordination of Information Reporting.--The Secretary shall
provide for the coordination of reporting of information under this
section with the reporting of related information under section 421.''.
(b) Inclusion and Availability of Information.--Section 427(b) of
such Act (42 U.S.C. 11137(b)) is amended by adding at the end the
following new paragraph:
``(4) Availability of public file data.--Notwithstanding
the previous provisions of this subsection, the Secretary shall
make available, for free from the website maintained in
connection with the data base established to carry out this
part, information reported under sections 421 and 421A which
does not provide for individually identifiable information.''.
(c) Effective Date.--The amendments made by this section shall take
effect 6 months after the date of the enactment of this Act . | Improved Medical Malpractice Information Reporting and Competition Act of 2003 - Establishes an Office of Health Care Competition Policy in the Department of Health and Human Services, to be headed by a Director appointed by the Secretary. Declares that the Office shall be responsible for certain activities of the Secretary delineated in the Health Care Quality Improvement Act of 1986, including for the National Practitioner Database under such Act.Amends the Health Care Quality Improvement Act of 1986 to require each entity (including an insurance company) which underwrites a policy of insurance for medical malpractice actions or claims to report information respecting such insurance or claims. Specifies material that such reports should contain, including: (1) direct premiums written and earned; (2) net investment income, including net realized capital gains and losses; (3) incurred claims; (4) actual incurred expenses; and (5) certain information on claims paid, including verdict amounts.Prescribes a civil penalty of not more than $10,000 for each instance of a payment required to be reported under this Act which is not reported. Provides for the coordination of the information collected under this Act with information reported on medical malpractice payments, with the Secretary to make both sets of data available for free on the Internet without individually identifiable information. | To establish an Office of Health Care Competition within the Department of Health and Human Services to administer the National Practitioner Data Base and to collect and make available to the public more information on medical malpractice insurance under that Data Base. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Flow of Information Act of
2005''.
SEC. 2. CONDITIONS FOR COMPELLED DISCLOSURE.
(a) Conditions for Compelled Disclosure.--A Federal entity may not
compel a covered person to testify or produce any document in any
proceeding or in connection with any issue arising under Federal law
unless a court determines by clear and convincing evidence, after
providing notice and an opportunity to be heard to the covered person--
(1) that the party seeking to compel production of such
testimony or document has unsuccessfully attempted to obtain
such testimony or document from all persons from which such
testimony or document could reasonably be obtained other than a
covered person;
(2) that--
(A) in a criminal investigation or prosecution,
based on information obtained from a person other than
a covered person--
(i) there are reasonable grounds to believe
that a crime has occurred; and
(ii) the testimony or document sought is
essential to the investigation, prosecution, or
defense; or
(B) in a matter other than a criminal investigation
or prosecution, based on information obtained from a
person other than a covered person, the testimony or
document sought is essential to a dispositive issue of
substantial importance to that matter; and
(3) in any matter in which the testimony or document sought
could reveal the identity of a source of information or include
any information that could reasonably be expected to lead to
the discovery of the identity of such a source, that--
(A) disclosure of the identity of such a source is
necessary to prevent imminent and actual harm to
national security;
(B) compelled disclosure of the identity of such a
source would prevent such harm; and
(C) the harm sought to be redressed by requiring
disclosure clearly outweighs the public interest in
protecting the free flow of information.
(b) Limitations on Content of Information.--The content of any
testimony or document that is compelled under subsection (a) shall, to
the extent possible--
(1) be limited to the purpose of verifying published
information or describing any surrounding circumstances
relevant to the accuracy of such published information; and
(2) be narrowly tailored in subject matter and period of
time covered.
SEC. 3. COMPELLED DISCLOSURE PERMITTED.
Notwithstanding any provision of section 2, in any proceeding or in
connection with any issue arising under Federal law, a Federal entity
may compel a covered person to produce any testimony or document that
consists only of commercial or financial information that is not
related to news gathering or the dissemination of news and information
by the covered person.
SEC. 4. COMPELLED DISCLOSURE FROM THIRD PARTIES.
(a) Conditions for Compelled Disclosure.--Section 2 shall apply to
any testimony or document that a third party or a Federal entity seeks
from a communications service provider if such testimony or document
consists of any record, information, or other communication that
relates to a business transaction between a communications service
provider and a covered person.
(b) Notice and Opportunity Provided to Covered Persons.--A court
may compel the testimony or disclosure of a document under this section
only after the party seeking such a document provides the covered
person who is a party to the business transaction described in
subsection (a)--
(1) notice of the subpoena or other compulsory request for
such testimony or disclosure from the communications service
provider not later than the time at which such subpoena or
request is issued to the communications service provider; and
(2) an opportunity to be heard before the court before the
time at which the testimony or disclosure is compelled.
(c) Exception to Notice Requirement.--Notice under subsection
(b)(1) may be delayed only if the court determines by clear and
convincing evidence that such notice would pose a substantial threat to
the integrity of a criminal investigation.
SEC. 5. DEFINITIONS.
In this Act:
(1) Communications service provider.--The term
``communications service provider''--
(A) means any person that transmits information of
the customer's choosing by electronic means; and
(B) includes a telecommunications carrier, an
information service provider, an interactive computer
service provider, and an information content provider
(as such terms are defined in the sections 3 and 230 of
the Communications Act of 1934 (47 U.S.C. 153, 230)).
(2) Covered person.--The term ``covered person'' means--
(A) an entity that disseminates information by
print, broadcast, cable, satellite, mechanical,
photographic, electronic, or other means and that--
(i) publishes a newspaper, book, magazine,
or other periodical in print or electronic
form;
(ii) operates a radio or television
broadcast station (or network of such
stations), cable system, or satellite carrier,
or a channel or programming service for any
such station, network, system, or carrier; or
(iii) operates a news agency or wire
service;
(B) a parent, subsidiary, or affiliate of such an
entity to the extent that such parent, subsidiary, or
affiliate is engaged in news gathering or the
dissemination of news and information; or
(C) an employee, contractor, or other person who
gathers, edits, photographs, records, prepares, or
disseminates news or information for such an entity.
(3) Document.--The term ``document'' means writings,
recordings, and photographs, as those terms are defined by
Federal Rule of Evidence 1001 (28 U.S.C. App.).
(4) Federal entity.--The term ``Federal entity'' means an
entity or employee of the judicial or executive branch or an
administrative agency of the Federal Government with the power
to issue a subpoena or provide other compulsory process.
(5) Third party.--The term ``third party'' means a person
other than a covered person. | Free Flow of Information Act of 2005 - Prohibits a federal entity from compelling a "covered person" (i.e., a newspaper, television broadcast station, wire service, or other media outlet, and specified employees and contractors) to testify or produce any document unless a court determines that: (1) the party seeking to compel has unsuccessfully attempted to obtain such testimony or document from all other non-covered persons; (2) in a criminal matter, there are reasonable grounds to believe a crime has occurred and the testimony or document sought is essential to the investigation, prosecution, or defense of the crime; (3) in a non-criminal matter, the testimony or document is essential to a dispositive issue of substantial importance; and (4) in any matter in which testimony or a document could reveal the source's identity, disclosure is necessary to prevent imminent and actual harm to national security and such harm outweighs the public interest in protecting the free flow of information.
Requires the content of compelled testimony or documents to be limited and narrowly tailored. Exempts certain commercial or financial information.
Makes this Act applicable to testimony or documents that a third party or federal entity seeks from a communications service provider relating to business transactions with a covered person. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation. | A bill to maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carlsbad Irrigation Project Acquired
Land Transfer Act''.
SEC. 2. CONVEYANCE.
(a) Lands and Facilities.--
(1) In general.--Except as provided in paragraph (2), and
subject to subsection (c), the Secretary of the Interior (in
this Act referred to as the ``Secretary'') may convey to the
Carlsbad Irrigation District (a quasi-municipal corporation
formed under the laws of the State of New Mexico and in this
Act referred to as the ``District''), all right, title, and
interest of the United States in and to the lands described in
subsection (b) (in this Act referred to as the ``acquired
lands'') and all interests the United States holds in the
irrigation and drainage system of the Carlsbad Project and all
related lands including ditch rider houses, maintenance shop
and buildings, and Pecos River Flume.
(2) Limitation.--
(A) Retained surface rights.--The Secretary shall
retain title to the surface estate (but not the mineral
estate) of such acquired lands which are located under
the footprint of Brantley and Avalon dams or any other
project dam or reservoir division structure.
(B) Storage and flow easement.--The Secretary shall
retain storage and flow easements for any tracts
located under the maximum spillway elevations of Avalon
and Brantley Reservoirs.
(b) Acquired Lands Described.--The lands referred to in subsection
(a) are those lands (including the surface and mineral estate) in Eddy
County, New Mexico, described as the acquired lands and in section (7)
of the ``Status of Lands and Title Report: Carlsbad Project'' as
reported by the Bureau of Reclamation in 1978.
(c) Terms and Conditions of Conveyance.--Any conveyance of the
acquired lands under this Act shall be subject to the following terms
and conditions:
(1) Management and use, generally.--The conveyed lands
shall continue to be managed and used by the District for the
purposes for which the Carlsbad Project was authorized, based
on historic operations and consistent with the management of
other adjacent project lands.
(2) Assumed rights and obligations.--Except as provided in
paragraph (3), the District shall assume all rights and
obligations of the United States under--
(A) the agreement dated July 28, 1994, between the
United States and the Director, New Mexico Department
of Game and Fish (Document No. 2-LM-40-00640), relating
to management of certain lands near Brantley Reservoir
for fish and wildlife purposes; and
(B) the agreement dated March 9, 1977, between the
United States and the New Mexico Department of Energy,
Minerals, and Natural Resources (Contract No. 7-07-57-
X0888) for the management and operation of Brantley
Lake State Park.
(3) Exceptions.--In relation to agreements referred to in
paragraph (2)--
(A) the District shall not be obligated for any
financial support agreed to by the Secretary, or the
Secretary's designee, in either agreement; and
(B) the District shall not be entitled to any
receipts for revenues generated as a result of either
agreement.
(d) Completion of Conveyance.--If the Secretary does not complete
the conveyance within 180 days from the date of enactment of this Act,
the Secretary shall submit a report to the Congress within 30 days
after that period that includes a detailed explanation of problems that
have been encountered in completing the conveyance, and specific steps
that the Secretary has taken or will take to complete the conveyance.
SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED
LANDS.
(a) Identification and Notification of Leaseholders.--Within 120
days after the date of enactment of this Act, the Secretary of the
Interior shall--
(1) provide to the District a written identification of all
mineral and grazing leases in effect on the acquired lands on
the date of enactment of this Act; and
(2) notify all leaseholders of the conveyance authorized by
this Act.
(b) Management of Mineral and Grazing Leases, Licenses, and
Permits.--The District shall assume all rights and obligations of the
United States for all mineral and grazing leases, licenses, and permits
existing on the acquired lands conveyed under section 2, and shall be
entitled to any receipts from such leases, licenses, and permits
accruing after the date of conveyance. All such receipts shall be used
for purposes for which the Project was authorized and for financing the
portion of operations, maintenance, and replacement of the Summer Dam
which, prior to conveyance, was the responsibility of the Bureau of
Reclamation, with the exception of major maintenance programs in
progress prior to conveyance which shall be funded through the cost
share formulas in place at the time of conveyance. The District shall
continue to adhere to the current Bureau of Reclamation mineral leasing
stipulations for the Carlsbad Project.
(c) Availability of Amounts Paid Into Reclamation Fund.--
(1) Existing receipts.--Receipts in the reclamation fund on
the date of enactment of this Act which exist as construction
credits to the Carlsbad Project under the terms of the Mineral
Leasing Act for Acquired Lands (30 U.S.C. 351-359) shall be
deposited in the General Treasury and credited to deficit
reduction or retirement of the Federal debt.
(2) Receipts after enactment.--Of the receipts from mineral
and grazing leases, licenses, and permits on acquired lands to
be conveyed under section 2, that are received by the United
States after the date of enactment and before the date of
conveyance--
(A) not to exceed $200,000 shall be available to
the Secretary for the actual costs of implementing this
Act with any additional costs shared equally between
the Secretary and the District; and
(B) the remainder shall be deposited into the
General Treasury of the United States and credited to
deficit reduction or retirement of the Federal debt.
SEC. 4. VOLUNTARY WATER CONSERVATION PRACTICES.
Nothing in this Act shall be construed to limit the ability of the
District to voluntarily implement water conservation practices.
SEC. 5. LIABILITY.
Effective on the date of conveyance of any lands and facilities
authorized by this Act, the United States shall not be held liable by
any court for damages of any kind arising out of any act, omission, or
occurrence relating to the conveyed property, except for damages caused
by acts of negligence committed by the United States or by its
employees, agents, or contractors, prior to conveyance. Nothing in this
section shall be considered to increase the liability of the United
States beyond that provided under chapter 171 of title 28, United
States Code, popularly known as the Federal Tort Claims Act.
SEC. 6. FUTURE BENEFITS.
Effective upon transfer, the lands and facilities transferred
pursuant to this Act shall not be entitled to receive any further
Reclamation benefits pursuant to the Reclamation Act of June 17, 1902,
and Acts supplementary thereof or amendatory thereto attributable to
their status as part of a Reclamation Project.
Passed the Senate October 7 (legislative day, October 2),
1998.
Attest:
GARY SISCO,
Secretary. | Carlsbad Irrigation Project Acquired Land Transfer Act
- Authorizes the Secretary of the Interior to convey to the Carlsbad Irrigation District specified lands and interests within the Carlsbad Project in New Mexico.
Requires a report from the Secretary to the Congress if the conveyance is not completed within 180 days after the enactment of this Act.
Directs the Secretary to: (1) provide a written identification of all mineral and grazing leases in effect on such lands; and (2) notify all such leaseholders of the conveyance made by this Act. Requires receipts from leases, licenses, and permits accruing after the conveyance date to be used for Project purposes and for financing the portion of operations, maintenance, and replacement of the Summer Dam which, prior to conveyance, was the responsibility of the Bureau of Reclamation, with the exception of major maintenance programs in progress prior to the conveyance. Requires receipts paid into the reclamation fund as construction credits to the Project to be credited to deficit reduction or retirement of the Federal debt. | Carlsbad Irrigation Project Acquired Land Transfer Act |
SECTION 1. SHORT TITLE, FINDINGS.
(a) Short Title.--This Act may be cited as the ``SMART Research and
Development Compact''.
(b) Findings.--The Congress makes the following findings:
(1) The shared borders, similar economic, environmental,
and socioeconomic traits as well as the common historical
attributes between the residents of Delaware, Maryland, New
Jersey, and Pennsylvania, bind the 4 States into a common Mid-
Atlantic region.
(2) This region presents a rich framework of approximately
618 colleges and universities, including approximately 38
leading engineering colleges with a variety of technical
expertise and ingenious research and development programs
within every field of science and technology.
(3) This region contains a variety of federally owned and
generated laboratories or organizations assigned with the task
of performing needed research and development in most of our
Nation's technical areas, highlighted by defense,
transportation, health, energy, and communications.
(4) This region possesses a great wealth of private
manufacturers, laboratories, and nonprofit organizations in
each of the scientific and technological pursuits, such as
homeland security, defense, aerospace, manufacturing,
information systems, materials, chemicals, medical
applications, and pharmaceuticals.
(5) Increased cooperation between the above-mentioned
institutions and the 4 State governments may effectively
enhance the region's contribution to the United States in all
fields of science and technology and promote academic, private
and public research and development, technical enterprise, and
intellectual vitality.
(6) An organization assigned with the task of linking
various institutions across different jurisdictions and
promoting working partnerships may further assist the United
States by providing a model for the rest of the Nation for the
effective use of limited national, State, and local funding
resources.
SEC. 2. CONSENT TO COMPACT.
The Congress consents to the SMART Research and Development Compact
if that compact is entered into by two or more of the following States:
the State of Delaware, the State of Maryland, the State of New Jersey,
and the Commonwealth of Pennsylvania. The compact reads substantially
as follows:
``SMART RESEARCH AND DEVELOPMENT COMPACT
``ARTICLE I.
``The purpose of this compact is to promote the contribution of the
Mid-Atlantic region to the Nation's research and development in science
and technology, and to create a multi-State organization that shall be
known as the SMART (Strengthening the Mid-Atlantic Region for Tomorrow)
Organization (hereinafter in this compact referred to as the
`Organization'). The purpose of the Organization is to oversee and help
facilitate the acquisition of research and development funding, and to
enhance the cooperation, formation of partnerships, and sharing of
information among businesses, academic institutions, Federal and State
governmental agencies, laboratories, federally owned and operated
laboratories, and nonprofit entities, within Delaware, Maryland, New
Jersey, and Pennsylvania.
``ARTICLE II.
``This compact takes effect upon ratification by two or more of the
following States: the State of Delaware, the State of Maryland, the
State of New Jersey, and the Commonwealth of Pennsylvania, pursuant to
the consent of Congress.
``ARTICLE III.
``The States, which are parties to this compact (hereinafter
referred to as `party States'), do hereby establish and create the
Organization as a joint organization which shall be known as the SMART
Organization.
``The leadership of the Organization shall consist of a Board of
Directors that shall include a representative from each party State,
appointed as provided by the law of that State, and representatives
from each technology class described in Article IV from the party
States. Board Members may include any business, academic institution,
nonprofit agency, Federal or State governmental agency, laboratory, and
federally owned and operated laboratory within the party States.
``The leadership of the Organization shall oversee and direct the
projects, administration, and policies of the Organization. The Board
of Directors may create and utilize the services of technology-
designated Working Groups to identify goals and sources of funding,
establish research and development projects, detect new technology
advances for the region to pursue, and facilitate cooperation among
regional entities. The Board of Directors and Working Groups in the
Organization shall serve without compensation and shall hold regular
quarterly meetings and such special meetings as their business may
require.
``The Organization shall adopt bylaws and any other such rules or
procedures as may be needed. The Organization may hold hearings and
conduct studies and surveys to carry out its purpose. The Organization
may acquire by gift or otherwise and hold and dispose of such money and
property as may be provided for the proper performance of its
functions, may cooperate with other public or private groups, whether
local, State, regional, or national, having an interest in economic or
technology development, and may exercise such other powers as may be
appropriate to accomplish its functions and duties in connection with
the development of the Organization and to carry out the purpose of
this compact.
``ARTICLE IV.
``Not including State Representatives, the Organization Board of
Directors and Technology Working Groups may represent and originate
from the following technology classes: information technology, sensors,
rotorcraft technology, manufacturing technology, fire/EMS, financial
technology, alternative fuels, nanotechnology, electronics,
environmental, telecommunications, chemical and biological, biomedical,
opto-electric, Materials/Aerospace, and defense systems including
directed energy, missile defense, future combat systems, and unmanned
aerial vehicles. The SMART Organization may at any time, upon approval
by the Board of Directors, designate and assign new technology classes
and may at any time remove an existing class from this Article and the
Organization's activities.
``ARTICLE V.
``The Board of Directors shall appoint a full-time paid executive
director, who shall be a person familiar with the nature of the
procedures and the significance of scientific funding, research and
development, economic development, and the informational, educational,
and publicity methods of stimulating general interest in such
developments. The duties of the executive director are to carry out the
goals and directives of the Board of Directors and administer the
actions of each Working Group as chairman. The executive director may
hire a staff and shall be the administrative head of the Organization,
whose term of office shall be at the pleasure of the Board of
Directors.
``ARTICLE VI.
``This compact shall continue in force and remain binding upon each
party State until 6 months after the party State gives notice of its
intent to withdraw to the other party States.''.
SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL.
The Congress expressly reserves the right to alter, amend, or
repeal this Act. | SMART Research and Development Compact - Grants the consent of the Congress to the SMART Research and Development Compact (to promote the contribution of the Mid-Atlantic region to the Nation's research and development in science and technology and to create multi-State organization for strengthening the Mid-Atlantic region for tomorrow (SMART)) if it is entered into by two or more of the following States: Delaware, Maryland, New Jersey, or Pennsylvania. | To grant the consent of the Congress to the SMART Research and Development Compact. |
SECTION 1. RESTORATION OF ESTATE TAX; REPEAL OF CARRYOVER BASIS.
(a) In General.--Subtitles A and E of title V of the Economic
Growth and Tax Relief Reconciliation Act of 2001, and the amendments
made by such subtitles, are hereby repealed; and the Internal Revenue
Code of 1986 shall be applied as if such subtitles, and amendments, had
never been enacted.
(b) Sunset not to Apply.--
(1) Subsection (a) of section 901 of the Economic Growth
and Tax Relief Reconciliation Act of 2001 is amended by
striking ``this Act'' and all that follows and inserting ``this
Act (other than title V) shall not apply to taxable, plan, or
limitation years beginning after December 31, 2010.''.
(2) Subsection (b) of such section 901 is amended by
striking ``, estates, gifts, and transfers''.
(c) Conforming Amendments.--Subsections (d) and (e) of section 511
of the Economic Growth and Tax Relief Reconciliation Act of 2001, and
the amendments made by such subsections, are hereby repealed; and the
Internal Revenue Code of 1986 shall be applied as if such subsections,
and amendments, had never been enacted.
SEC. 2. ESTATE AND GIFT TAX RATES REDUCED TO 15 PERCENT OR, IF LOWER,
THE GENERALLY APPLICABLE CAPITAL GAINS RATE FOR
INDIVIDUALS.
(a) Estate Tax.--
(1) 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 subsection:
``(b) Computation of Tax.--
``(1) In general.--The tax imposed by this section shall be
the amount equal to the excess (if any) of--
``(A) the applicable percentage of the sum of--
``(i) the amount of the taxable estate, and
``(ii) the amount of the adjusted taxable
gifts, over
``(B) the aggregate amount of tax paid under
chapter 12 with respect to gifts made by the decedent
after December 31, 1976.
For purposes of subparagraph (A)(ii), 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.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means the lesser of 15
percent or the rate contained in section 1(h)(1)(C).''
(2) Conforming amendments.--
(A) Subsection (c) of section 2010 of such Code is
amended by striking ``the applicable credit amount''
and all that follows through ``the applicable exclusion
amount'' and inserting ``the applicable credit amount
shall be the applicable percentage (as defined in
section 2001(b)(2)) of the applicable exclusion
amount''.
(B) 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) the applicable percentage (as defined in section
2001(b)(2)) of 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.''
(C) Subsection (c) of section 2102 of such Code, as
in effect prior to its redesignation by section
532(c)(7)(B) of the Economic Growth and Tax Relief
Reconciliation Act of 2001, is amended--
(i) by striking ``$13,000'' each place it
appears and inserting ``$12,000'', and
(ii) by striking ``$46,800'' and inserting
``$35,000''.
(D) Subsection (a) of section 2201 of such Code is
amended by striking ``rate schedule set forth in
section 2001(c)'' and inserting ``applicable percentage
(as defined in section 2001(b)(2)''.
(b) Gift Tax.--
(1) In general.--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 the applicable percentage (as
defined in section 2001(b)(2)) of the sum of the taxable gifts for such
calendar year.
``(b) Tax to Be Paid by Donor.--The tax imposed by section 2501
shall be paid by the donor.''
(2) Conforming amendments.--
(A) Subchapter A of chapter 12 of such Code is
amended by striking section 2504.
(B) The table of sections for such subchapter is
amended by striking the item relating to section 2504.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2003.
SEC. 3. $5,000,000 EXEMPTION FROM ESTATE AND GIFT TAXES.
(a) In General.--Subsection (c) of section 2010 of the Internal
Revenue Code of 1986 (relating to applicable credit amount), as amended
by section 2, is amended by striking ``the applicable exclusion
amount'' and all that follows and inserting ``$5,000,000.''.
(b) Gift Tax.--Paragraph (1) of section 2505(a) of such Code
(relating to general rule) is amended by striking ``(determined as if
the applicable exclusion amount were $1,000,000)''.
(c) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying, and gifts made, after December 31, 2003. | Repeals subtitles A (Repeal of Estate and Generation-Skipping Transfer Taxes) and E (Carryover Basis at Death; Other Changes Taking Effect With Repeal) of title V (Estate, Gift, and Generation-Skipping Transfer Tax Provisions) of the Economic Growth and Tax Relief Reconciliation Act of 2001. Makes the sunset provisions of such Act inapplicable to the remainder of title V.
Reduces estate and gift tax rates to the lesser of 15 percent or the applicable capital gains rate.
Sets a unified estate and gift tax credit of $5 million. | To amend the Internal Revenue Code of 1986 to restore the estate tax and repeal the carryover basis rule, to increase the estate and gift tax unified credit to an exclusion equivalent of $5,000,000, and to reduce the rate of the estate and gifts taxes to the generally applicable capital gains income tax rate. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vision Care for Kids Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Millions of children in the United States suffer from
vision problems, many of which go undetected. Because children
with vision problems can struggle developmentally, resulting in
physical, emotional, and social consequences, good vision is
essential for proper physical development and educational
progress.
(2) Vision problems in children range from common
conditions such as refractive errors, amblyopia, strabismus,
ocular trauma, and infections, to rare but potentially life- or
sight-threatening problems such as retinoblastoma, infantile
cataracts, congenital glaucoma, and genetic or metabolic
diseases of the eye.
(3) Since many serious ocular conditions are treatable if
identified in the preschool and early school-age years, early
detection provides the best opportunity for effective treatment
and can have far-reaching implications for vision.
(4) Various identification methods, including vision
screening and comprehensive eye examinations required by State
laws, can be helpful in identifying children needing services.
A child identified as needing services through vision screening
should receive a comprehensive eye examination followed by
subsequent treatment as needed. Any child identified as needing
services should have access to subsequent treatment as needed.
(5) There is a need to increase public awareness about the
prevalence and devastating consequences of vision disorders in
children and to educate the public and health care providers
about the warning signs and symptoms of ocular and vision
disorders and the benefits of early detection, evaluation, and
treatment.
SEC. 3. GRANTS REGARDING VISION CARE FOR CHILDREN.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting through the
Director of the Centers for Disease Control and Prevention, may award
grants to States on the basis of an established review process for the
purpose of complementing existing State efforts for--
(1) providing comprehensive eye examinations by a licensed
optometrist or ophthalmologist for children who have been
previously identified through a vision screening or eye
examination by a licensed health care provider or vision
screener as needing such services, with priority given to
children who are under the age of 9 years;
(2) providing treatment or services, subsequent to the
examinations described in paragraph (1), necessary to correct
vision problems; and
(3) developing and disseminating, to parents, teachers, and
health care practitioners, educational materials on recognizing
signs of visual impairment in children.
(b) Criteria and Coordination.--
(1) Criteria.--The Secretary, in consultation with
appropriate professional and patient organizations including
individuals with knowledge of age appropriate vision services,
shall develop criteria--
(A) governing the operation of the grant program
under subsection (a); and
(B) for the collection of data related to vision
assessment and the utilization of follow-up services.
(2) Coordination.--The Secretary shall, as appropriate,
coordinate the program under subsection (a) with the program
under section 330 of the Public Health Service Act (relating to
health centers) (42 U.S.C. 254b), the program under title XIX
of the Social Security Act (relating to the Medicaid program)
(42 U.S.C. 1396 et seq.), the program under title XXI of such
Act (relating to the State children's health insurance program)
(42 U.S.C. 1397aa et seq.), and with other Federal or State
programs that provide services to children.
(c) Application.--To be eligible to receive a grant under
subsection (a), a State shall submit to the Secretary an application in
such form, made in such manner, and containing such information as the
Secretary may require, including--
(1) information on existing Federal, Federal-State, or
State-funded children's vision programs;
(2) a plan for the use of grant funds, including how funds
will be used to complement existing State efforts (including
possible partnerships with non-profit entities);
(3) a plan to determine if a grant eligible child has been
identified as provided for in subsection (a); and
(4) a description of how funds will be used to provide
items or services, only as a secondary payer--
(A) for an eligible child, to the extent that the
child is not covered for the items or services under
any State compensation program, under an insurance
policy, or under any Federal or State health benefits
program; or
(B) for an eligible child, to the extent that the
child receives the items or services from an entity
that provides health services on a prepaid basis.
(d) Evaluations.--To be eligible to receive a grant under
subsection (a), a State shall agree that, not later than 1 year after
the date on which amounts under the grant are first received by the
State, and annually thereafter while receiving amounts under the grant,
the State will submit to the Secretary an evaluation of the operations
and activities carried out under the grant, including--
(1) an assessment of the utilization of vision services and
the status of children receiving these services as a result of
the activities carried out under the grant;
(2) the collection, analysis, and reporting of children's
vision data according to guidelines prescribed by the
Secretary; and
(3) such other information as the Secretary may require.
(e) Limitations in Expenditure of Grant.--A grant may be made under
subsection (a) only if the State involved agrees that the State will
not expend more than 20 percent of the amount received under the grant
to carry out the purpose described in paragraph (3) of such subsection.
(f) Matching Funds.--
(1) In general.--With respect to the costs of the
activities to be carried out with a grant under subsection (a),
a condition for the receipt of the grant is that the State
involved agrees to make available (directly or through
donations from public or private entities) non-Federal
contributions toward such costs in an amount that is not less
than 25 percent of such costs.
(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
(g) Definition.--For purposes of this section, the term
``comprehensive eye examination'' includes an assessment of a patient's
history, general medical observation, external and ophthalmoscopic
examination, visual acuity, ocular alignment and motility, refraction,
and as appropriate, binocular vision or gross visual fields, performed
by an optometrist or an ophthalmologist.
(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $65,000,000
for the period of fiscal years 2009 through 2013.
Passed the House of Representatives October 15, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Vision Care for Kids Act of 2007 - Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award matching grants to states to complement existing state efforts to: (1) provide comprehensive eye examinations from a licensed optometrist or ophthalmologist for children who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of nine years; (2) provide treatment or services as necessary to correct identified vision problems; and (3) develop and disseminate to parents, teachers, and health care practitioners educational materials on recognizing signs of visual impairment in children.
Requires the Secretary to develop criteria: (1) governing the operation of the grant program; and (2) for the collection of data related to vision assessment and the utilization of follow-up services.
Requires the Secretary to coordinate the program under this Act with other federal or state programs that provide services to children.
Authorizes appropriations for FY2009-FY2013. | To establish a grant program to provide vision care to children, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Manufacturers Legal
Accountability Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Applicable agency.--The term ``applicable agency''
means, with respect to covered products--
(A) described in subparagraphs (A) and (B) of
paragraph (3), the Food and Drug Administration;
(B) described in paragraph (3)(C), the Consumer
Product Safety Commission;
(C) described in subparagraphs (D) and (E) of
paragraph (3), the Environmental Protection Agency;
(D) described in paragraph (3)(F), the National
Highway Traffic Safety Administration; and
(E) described in paragraph (3)(G)--
(i) the Food and Drug Administration, if
the item is intended to be a component part of
a product described in subparagraph (A) or (B)
of paragraph (3);
(ii) the Consumer Product Safety
Commission, if the item is intended to be a
component part of a product described in
paragraph (3)(C);
(iii) the Environmental Protection Agency,
if the item is intended to be a component part
of a product described in subparagraph (D) or
(E) of paragraph (3); and
(iv) the National Highway Traffic Safety
Administration, if the item is intended to be a
component part of a product described in
paragraph (3)(F).
(2) Commerce.--The term ``commerce'' means trade, traffic,
commerce, or transportation--
(A) between a place in a State and any place
outside thereof; or
(B) which affects trade, traffic, commerce, or
transportation described in subparagraph (A).
(3) Covered product.--The term ``covered product'' means
any of the following:
(A) Drugs, devices, and cosmetics, as such terms
are defined in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
(B) A biological product, as such term is defined
in section 351(i) of the Public Health Service Act (42
U.S.C. 262(i)).
(C) A consumer product, as such term is used in
section 3(a) of the Consumer Product Safety Act (15
U.S.C. 2052).
(D) A chemical substance or new chemical substance,
as such terms are defined in section 3 of the Toxic
Substances Control Act (15 U.S.C. 2602), in its
imported form.
(E) A pesticide, as such term is defined in section
2 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).
(F) A motor vehicle or motor vehicle equipment, as
such terms are defined in section 30102 of title 49,
United States Code.
(G) An item intended to be a component part of a
product described in subparagraph (A), (B), (C), (D),
(E), or (F) but is not yet a component part of such
product.
(4) Distribute in commerce.--The term ``distribute in
commerce'' means to sell in commerce, to introduce or deliver
for introduction into commerce, or to hold for sale or
distribution after introduction into commerce.
SEC. 3. REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AUTHORIZED TO
ACCEPT SERVICE OF PROCESS IN THE UNITED STATES.
(a) Registration.--
(1) In general.--Beginning on the date that is 180 days
after the date on which the regulations are prescribed pursuant
to subsection (d) and except as provided in this subsection,
the head of each applicable agency shall require foreign
manufacturers and producers of covered products distributed in
commerce to register an agent in the United States who is
authorized to accept service of process on behalf of such
manufacturer or producer for the purpose of any State or
Federal regulatory proceeding or any civil action in State or
Federal court related to such covered product, if such service
is made in accordance with the State or Federal rules for
service of process in the State in which the case or regulatory
action is brought.
(2) Location.--The head of each applicable agency shall
require that an agent of a foreign manufacturer or producer
registered under paragraph (1) be--
(A) located in a State chosen by the foreign
manufacturer or producer with a substantial connection
to the importation, distribution, or sale of the
products of the foreign manufacturer or producer; and
(B) an individual, domestic firm, or domestic
corporation that is a permanent resident of the United
States.
(3) Designation by manufacturer or producer and acceptance
by agent.--The head of each applicable agency shall, at a
minimum, require a--
(A) written designation by a foreign manufacturer
or producer with respect to which paragraph (1)
applies--
(i) signed by an official or employee of
the foreign manufacturer or producer with
authority to appoint an agent;
(ii) containing the full legal name,
principal place of business, and mailing
address of the manufacturer or producer; and
(iii) containing a statement that the
designation is valid and binding on the foreign
manufacturer or producer for the purposes of
this Act; or
(B) written acceptance by the agent registered by a
foreign manufacturer or producer with respect to which
paragraph (1) applies--
(i) signed by the agent or, in the case in
which a domestic firm or domestic corporation
is designated as an agent, an official or
employee of the firm or corporation with
authority to sign for the firm or corporation;
(ii) containing the agent's full legal
name, physical address, mailing address, and
phone number; and
(iii) containing a statement that the agent
accepts the designation and acknowledges that
the duties of the agent may not be assigned to
another person or entity and the duties remain
in effect until withdrawn or replaced by the
foreign manufacturer or producer.
(4) Applicability.--
(A) In general.--Paragraph (1) applies only with
respect to a foreign manufacturer or producer that
exceeds minimum requirements established by the head of
the applicable agency under this section.
(B) Factors.--In determining the minimum
requirements for application of paragraph (1) to a
foreign manufacturer or producer, the head of the
applicable agency shall, at a minimum, consider the
following:
(i) The value of all covered products
imported from the manufacturer or producer in a
calendar year.
(ii) The quantity of all covered products
imported from the manufacturer or producer in a
calendar year.
(iii) The frequency of importation from the
manufacturer or producer in a calendar year.
(b) Registry of Agents of Foreign Manufacturers.--
(1) In general.--The Secretary of Commerce shall, in
cooperation with each head of an applicable agency, establish
and keep up to date a registry of agents registered under
subsection (a).
(2) Availability.--The Secretary of Commerce shall make the
registry established under paragraph (1) available--
(A) to the public in a searchable format through
the Internet website of the Department of Commerce; and
(B) to the Commissioner responsible for U.S.
Customs and Border Protection in a format prescribed by
the Commissioner.
(c) Consent to Jurisdiction.--
(1) In general.--A foreign manufacturer or producer of a
covered product that registers an agent under this section
thereby consents to the personal jurisdiction of the State and
Federal courts of the State in which the registered agent is
located for the purpose of any judicial proceeding related to
such covered product.
(2) Rule of construction.--Paragraph (1) shall not apply to
actions brought by foreign plaintiffs where the alleged injury
or damage occurred outside the United States.
(d) Regulations.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Commerce, the
Commissioner responsible for U.S. Customs and Border
Protection, and each head of an applicable agency shall
prescribe regulations to carry out this section.
(2) Interagency cooperation.--The Secretary of Commerce,
the Commissioner responsible for U.S. Customs and Border
Protection, and each head of an applicable agency shall
cooperate and consult with one another for the purpose of--
(A) prescribing consistent regulations to the
extent necessary for the effective and efficient
sharing of information and establishment of systems and
procedures necessary to carry out this section; and
(B) establishing minimum requirements described in
subsection (a)(4), and to the extent advisable and
practicable for the purpose of establishing consistent
minimum requirements.
SEC. 4. DECLARATION TO U.S. CUSTOMS AND BORDER PROTECTION.
(a) Declaration.--Beginning on the date that is 180 days after the
date on which the regulations required under section 3(d) are
prescribed, any person importing into the United States a covered
product if such product was manufactured or produced outside the United
States shall provide to U.S. Customs and Border Protection a
declaration that--
(1) the person has made appropriate inquiry as to whether
the manufacturer or producer of the covered product has
complied with the requirements of section 3, including by
seeking appropriate documentation from the exporter of the
covered product and by consulting the registry established
pursuant to section 3(b); and
(2) to the best of the person's knowledge, with respect to
each importation of a covered product, the foreign manufacturer
or producer of the product has registered an agent in the
United States as required under section (3)(a).
(b) Penalties.--An importer who fails to provide a declaration
required under subsection (a), or files a false declaration, shall be
subject to the applicable penalty under section 592 of the Tariff Act
of 1930 (19 U.S.C. 1592) or under title 18, United States Code, with
respect to importation of a covered product.
(c) Regulations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commissioner of U.S. Customs and
Border Protection shall prescribe regulations to carry out this
section. The regulations shall provide that the declaration of
the importer required under subsection (a) shall accompany the
entry summary documentation or, in the case of repeated
transactions, may be submitted on an annual basis.
(2) Form.--The regulations shall provide for the
declaration to be submitted electronically and maintained as an
electronic record within the data management systems of U.S.
Customs and Border Protection.
SEC. 5. REPORTING OF DEFECTS IN COVERED PRODUCTS IN FOREIGN COUNTRIES.
(a) Determination by Manufacturer or Producer.--Not later than 5
working days after determining to conduct a safety recall or other
safety campaign in a foreign country of a covered product that is
identical or substantially similar to a covered product offered for
sale in the United States, the manufacturer or producer of the covered
product shall report the determination to the head of the applicable
agency.
(b) Determination by Foreign Government.--Not later than 5 working
days after receiving notification that the government of a foreign
country has determined that a safety recall or other safety campaign
must be conducted in the foreign country of a covered product that is
identical or substantially similar to a covered product offered for
sale in the United States, the manufacturer or producer of the covered
product shall report the determination to the head of the applicable
agency.
(c) Reporting Requirements.--Not later than the date described in
subsection (d), the head of each applicable agency shall prescribe the
contents of the notification required by this section.
(d) Effective Date.--Except as provided in subsection (c), this
section shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 6. STUDY ON REGISTRATION OF AGENTS OF FOREIGN FOOD PRODUCERS
AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED
STATES.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Agriculture and the Commissioner of Food and Drugs
shall jointly--
(1) complete a study on the feasibility and advisability of
requiring foreign producers of food distributed in commerce to
register an agent in the United States who is authorized to
accept service of process on behalf of such producers for the
purpose of any State or Federal regulatory proceeding or any
civil action in State or Federal court related to such food
products; and
(2) submit to Congress a report on the findings of the
Secretary with respect to such study.
SEC. 7. STUDY ON REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AND
PRODUCERS OF COMPONENT PARTS WITHIN COVERED PRODUCTS.
Not later than 2 years after the date of the enactment of this Act,
the head of each applicable agency shall--
(1) complete a study on determining feasible and advisable
methods of requiring manufacturers or producers of component
parts within covered products manufactured or produced outside
the United States and distributed in commerce to register
agents in the United States who are authorized to accept
service of process on behalf of such manufacturers or producers
for the purpose of any State or Federal regulatory proceeding
or any civil action in State or Federal court related to such
component parts; and
(2) submit to Congress a report on the findings of the head
of the applicable agency with respect to the study.
SEC. 8. STUDY ON ENFORCEMENT OF UNITED STATES JUDGMENTS RELATING TO
DEFECTIVE DRYWALL IMPORTED FROM CHINA.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall--
(1) complete a study on methods to enforce judgments of any
State or Federal regulatory proceeding or any civil action in
State or Federal court relating to defective drywall imported
from the People's Republic of China and distributed in commerce
during the period 2004 through 2007 and used in residential
dwellings in the United States; and
(2) submit to Congress a report on the findings of the
Comptroller General with respect to the study.
SEC. 9. RELATIONSHIP WITH OTHER LAWS.
Nothing in this Act shall affect the authority of any State to
establish or continue in effect a provision of State law relating to
service of process or personal jurisdiction, except to the extent that
such provision of law is inconsistent with the provisions of this Act,
and then only to the extent of such inconsistency. | Foreign Manufacturers Legal Accountability Act of 2011 - Directs the Food and Drug Administration (FDA) (with respect to drugs, devices, cosmetics, and biological products), the Consumer Product Safety Commission (CPSC) (with respect to consumer products), the Environmental Protection Agency (EPA) (with respect to chemical substances, new chemical substances, and pesticides), and the National Highway Traffic Safety Administration (NHTSA) (with respect to a motor vehicle or motor vehicle products) to require foreign manufacturers and producers of such products (or components used to manufacture them), in excess of a minimum value, quantity, and frequency of importation, to register an agent in the United States who is authorized to accept service of process on their behalf for the purpose of any state or federal regulatory proceeding or civil action in state or federal court.
Deems a foreign manufacturer or producer of products covered under this Act that registers an agent to consent to the personal jurisdiction of the state or federal courts of the state in which the agent is located for the purpose of any judicial proceeding.
Requires any person who imports into the United States a covered product manufactured or produced outside the United States to make to the U.S. Customs and Border Protection (CBP) a declaration that, to the best of the person's knowledge, with respect to the importation of each covered product, the foreign manufacturer or producer of the product has registered an agent in the United States. Subjects to certain penalties an importer who fails to provide this or files a false declaration.
Requires foreign manufacturers or producers of a covered product to report within five business days to the head of the applicable agency their determination to conduct a safety recall or other safety campaign of a covered product that is identical or substantially similar to a covered product offered for sale in the United States.
Requires the Secretary of Agriculture and the Commissioner of Food and Drugs to study jointly the feasibility and advisability of requiring foreign producers of food distributed in commerce to register an agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of any state or federal regulatory proceeding or civil action in state or federal court.
Requires the head of an applicable agency similarly to study the feasibility of methods requiring foreign manufacturers or producers of component parts of covered products distributed in U.S. commerce to register agents in the United States for purposes of such service of process.
Requires the Comptroller General to study methods to enforce judgments of any state or federal regulatory proceeding or civil action in state or federal court against Chinese manufacturers that exported defective drywall to the United States during 2004-2007. | To require foreign manufacturers of products imported into the United States to establish registered agents in the United States who are authorized to accept service of process against such manufacturers, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Fisheries Advisory
Committee Act''.
SEC. 2. AMERICAN FISHERIES ADVISORY COMMITTEE.
(a) Establishment.--Section 2 of the Act of August 11, 1939 (15
U.S.C. 713c-3), is amended by adding at the end the following:
``(f) American Fisheries Advisory Committee.--
``(1) Definitions.--In this subsection:
``(A) Committee.--The term `Committee' means the
American Fisheries Advisory Committee established under
paragraph (2).
``(B) Marketing and promotion.--The term `marketing
and promotion' means an activity aimed at encouraging
the consumption of seafood or expanding or maintaining
commercial markets for seafood.
``(C) Processor.--The term `processor' means any
person in the business of preparing or packaging
seafood (including seafood of the processor's own
harvesting) for sale.
``(D) Seafood.--The term `seafood' means farm-
raised and wild-caught fish or shellfish harvested in
the United States or by a United States flagged vessel
for human consumption.
``(E) Seafood industry.--The term `seafood
industry' means harvesters, marketers, growers,
processors, and persons providing them with goods and
services.
``(2) Establishment.--Not later than 90 days after the date
of the enactment of the American Fisheries Advisory Committee
Act, the Secretary shall establish five regions within the
American Fisheries Advisory Committee as follows:
``(A) Region 1 shall consist of Alaska, Hawaii, the
Commonwealth of the Northern Mariana Islands, and the
territories of Guam and American Samoa.
``(B) Region 2 shall consist of Maine, New
Hampshire, Massachusetts, Rhode Island, Connecticut,
New York, Michigan, Minnesota, Wisconsin, Illinois,
Indiana, Ohio, and Pennsylvania.
``(C) Region 3 shall consist of Texas, Alabama,
Louisiana, Mississippi, Florida, Puerto Rico, and the
territory of the Virgin Islands.
``(D) Region 4 shall consist of California,
Washington, Oregon, and Idaho.
``(E) Region 5 shall consist of New Jersey,
Delaware, Maryland, Virginia, North Carolina, South
Carolina, and Georgia.
``(3) Membership.--The Committee shall be composed of the
following members:
``(A) Regional representation.--Each of the regions
listed in subparagraphs (A) through (E) of paragraph
(2) shall be represented on the Committee by two
members--
``(i) who are appointed by the Secretary;
``(ii) who reside in a State or territory
in the region that the member will represent;
``(iii) of which--
``(I) one shall have experience as
a seafood harvester; and
``(II) one shall have experience as
a processor; and
``(iv) that are selected so that the
members of the Committee have experience or
expertise with as many seafood species as
practicable.
``(B) At-large members.--The Secretary shall
appoint to the Committee at-large members to ensure
that the Committee fairly reflects the expertise and
interest of the seafood industry located in each
region, as follows:
``(i) One individual with experience in
mass market food distribution.
``(ii) One individual with experience in
mass market food retail or food service.
``(iii) One individual with experience in
the marketing of seafood.
``(iv) One individual with experience in
growing seafood.
``(v) One individual who is an employee of
the National Marine Fisheries Service with
expertise in fisheries research.
``(4) Member terms.--The term for a member of the Committee
shall be three years, except that the Secretary shall designate
staggered terms for the members initially appointed to the
Committee.
``(5) Responsibilities.--The Committee shall be responsible
for--
``(A) identifying needs of the seafood industry
that may be addressed by a project funded with a grant
under subsection (c);
``(B) developing the request for proposals for such
grants;
``(C) reviewing applications for such grants; and
``(D) selecting applications for approval under
subsection (c)(2)(B).
``(6) Chair.--The Committee shall elect a chair by a
majority of those voting, if a quorum is present.
``(7) Quorum.--A simple majority of members of the
Committee shall constitute a quorum, but a lesser number may
hold hearings.
``(8) Meetings.--
``(A) Frequency.--The Committee shall meet not more
than two times each year.
``(B) Location.--The meetings of the Committee
shall rotate between the geographic regions described
under paragraph (2).
``(C) Federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Committee.
``(9) Staff.--The Committee may employ staff as necessary
without regard to the provisions of title 5, United States
Code.
``(10) Per diem and expenses and funding.--
``(A) In general.--A member of the Committee shall
serve without compensation, but shall be reimbursed in
accordance with section 5703 of title 5, United States
Code, for reasonable travel costs and expenses incurred
in performing duties as a member of the Committee.
``(B) Funding.--The reimbursements made under
subparagraph (A) shall be paid with the funds made
available for grants under subsection (c).
``(11) Conflict of interest.--The conflict of interest and
recusal provisions set out in section 302(j) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(j)) shall apply to any decision by the Committee and to
all members of the Committee as if each member of the Committee
is an affected individual within the meaning of such section
302(j), except that in addition to the disclosure requirements
of section 302(j)(2)(C) of such Act (16 U.S.C. 1852(j)(2)(C)),
each member of the Committee shall disclose any financial
interest or relationship in an organization or with an
individual that is applying for a grant under subsection (c)
held by the member of the Committee, including an interest as
an officer, director, trustee, partner, employee, contractor,
agent, or other representative.''.
(b) Role in Approval of Grants.--Section 2(c)(3) of the Act of
August 11, 1939 (15 U.S.C. 713c-3(c)(3)), is amended to read as
follows:
``(3) No application for a grant under this subsection may be
approved unless--
``(A) the Secretary is satisfied that the applicant has the
requisite technical and financial capability to carry out the
project; and
``(B) the application is selected for funding by the
American Fisheries Advisory Committee under subsection (f).''. | American Fisheries Advisory Committee Act This bill amends the Saltonstall-Kennedy Act to direct the National Oceanic and Atmospheric Administration (NOAA)to establish the American Fisheries Advisory Committee. NOAA must establish five regions within the committee.The committee must consist of members chosen regionally and across all sectors of the fishing industry.Additionally, the committee must: (1)identify the needs of the fishing industry, (2)develop grant proposals to fund projects that address the industry needs, (3)review grant applications, and (4)provide NOAA with grant applicants for approval. NOAA must not approve a grant application unless the application is selected for funding by the committee. | American Fisheries Advisory Committee Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clay Hunt Suicide Prevention for
American Veterans Act'' or the ``Clay Hunt SAV Act''.
SEC. 2. EVALUATIONS OF MENTAL HEALTH CARE AND SUICIDE PREVENTION
PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Evaluations.--
(1) In general.--Not less frequently than once each year,
the Secretary of Veterans Affairs shall provide for the conduct
of an evaluation of the mental health care and suicide
prevention programs carried out under the laws administered by
the Secretary.
(2) Elements.--Each evaluation conducted under paragraph
(1) shall--
(A) use metrics that are common among and useful
for practitioners in the field of mental health care
and suicide prevention;
(B) identify the most effective mental health care
and suicide prevention programs conducted by the
Secretary, including such programs conducted at a
Center of Excellence;
(C) identify the cost-effectiveness of each program
identified under subparagraph (B);
(D) measure the satisfaction of patients with
respect to the care provided under each such program;
and
(E) propose best practices for caring for
individuals who suffer from mental health disorders or
are at risk of suicide, including such practices
conducted or suggested by other departments or agencies
of the Federal Government, including the Substance
Abuse and Mental Health Services Administration of the
Department of Health and Human Services.
(3) Third party.--Each evaluation conducted under paragraph
(1) shall be conducted by an independent third party
unaffiliated with the Department of Veterans Affairs. Such
third party shall submit to the Secretary each such evaluation.
(b) Annual Submission.--Not later than December 1 of each year,
beginning in 2015, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report that contains the following:
(1) The most recent evaluations submitted to the Secretary
under subsection (a)(3) that the Secretary has not previously
submitted to such Committees.
(2) Any recommendations the Secretary considers
appropriate.
SEC. 3. PUBLICATION OF INTERNET WEBSITE TO PROVIDE INFORMATION
REGARDING MENTAL HEALTH CARE SERVICES.
(a) In General.--Using funds made available to the Secretary of
Veterans Affairs to publish the Internet websites of the Department of
Veterans Affairs, the Secretary shall survey the existing Internet
websites and information resources of the Department to publish an
Internet website that serves as a centralized source to provide
veterans with information regarding all of the mental health care
services provided by the Secretary.
(b) Elements.--The Internet website published under subsection (a)
shall provide to veterans information regarding all of the mental
health care services available in the Veteran Integrated Service
Network that the veteran is seeking such services, including, with
respect to each medical center, Vet Center (as defined in section 1712A
of title 38, United States Code), and community-based outpatient center
in the Veterans Integrated Service Network--
(1) the name and contact information of each social work
office;
(2) the name and contact information of each mental health
clinic;
(3) a list of appropriate staff; and
(4) any other information the Secretary determines
appropriate.
(c) Updated Information.--The Secretary shall ensure that the
information described in subsection (b) that is published on the
Internet website under subsection (a) is updated not less than once
every 90 days.
(d) Outreach.--In carrying out this section, the Secretary shall
ensure that the outreach conducted under section 1720F(i) of title 38,
United States Code, includes information regarding the Internet website
published under subsection (a).
SEC. 4. PILOT PROGRAM FOR REPAYMENT OF EDUCATIONAL LOANS FOR CERTAIN
PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION.
(a) Establishment.--The Secretary of Veterans Affairs shall carry
out a pilot program to repay loans of individuals described in
subsection (b) that--
(1) were used by such individuals to finance education
relating to psychiatric medicine, including education leading
to--
(A) a degree of doctor of medicine; or
(B) a degree of doctor of osteopathy; and
(2) were obtained from any of the following:
(A) A governmental entity.
(B) A private financial institution.
(C) A school.
(D) Any other authorized entity as determined by
the Secretary.
(b) Eligible Individuals.--
(1) In general.--Subject to paragraph (2), an individual
eligible for participation in the pilot program is an
individual who--
(A) either--
(i) is licensed or eligible for licensure
to practice psychiatric medicine in the
Veterans Health Administration of the
Department of Veterans Affairs; or
(ii) is enrolled in the final year of a
residency program leading to a specialty
qualification in psychiatric medicine that is
approved by the Accreditation Council for
Graduate Medical Education; and
(B) demonstrates a commitment to a long-term career
as a psychiatrist in the Veterans Health
Administration, as determined by the Secretary.
(2) Prohibition on simultaneous eligibility.--An individual
who is participating in any other program of the Federal
Government that repays the educational loans of the individual
is not eligible to participate in the pilot program.
(c) Selection.--The Secretary shall select not less than 10
individuals described in subsection (b) to participate in the pilot
program for each year in which the Secretary carries out the pilot
program.
(d) Period of Obligated Service.--The Secretary shall enter into an
agreement with each individual selected under subsection (c) in which
such individual agrees to serve a period of 2 or more years of
obligated service for the Veterans Health Administration in the field
of psychiatric medicine, as determined by the Secretary.
(e) Loan Repayments.--
(1) Amounts.--Subject to paragraph (2), a loan repayment
under this section may consist of payment of the principal,
interest, and related expenses of a loan obtained by an
individual who is participating in the pilot program for all
educational expenses (including tuition, fees, books, and
laboratory expenses) of such individual relating to education
described in subsection (a)(1).
(2) Limit.--For each year of obligated service that an
individual who is participating in the pilot program agrees to
serve under subsection (d), the Secretary may pay not more than
$30,000 in loan repayment on behalf of such individual.
(f) Breach.--
(1) Liability.--An individual who participates in the pilot
program and fails to satisfy the period of obligated service
under subsection (d) shall be liable to the United States, in
lieu of such obligated service, for the amount that has been
paid or is payable to or on behalf of the individual under the
pilot program, reduced by the proportion that the number of
days served for completion of the period of obligated service
bears to the total number of days in the period of obligated
service of such individual.
(2) Repayment period.--Any amount of damages that the
United States is entitled to recover under this subsection
shall be paid to the United States not later than 1 year after
the date of the breach of the agreement.
(g) Report.--
(1) Initial report.--Not later than 2 years after the date
on which the pilot program under subsection (a) commences, the
Secretary shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives a report on the pilot program.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The number of individuals who participated in
the pilot program, including the number of new hires.
(B) The locations in which such individuals were
employed by the Department, including how many such
locations were rural or urban locations.
(C) An assessment of the quality of the work
performed by such individuals in the course of such
employment, including the performance reviews of such
individuals.
(D) The number of psychiatrists the Secretary
determines is needed by the Department in the future.
(3) Final report.--Not later than 90 days before the date
on which the pilot program terminates under subsection (i), the
Secretary shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives an update to the report submitted under
paragraph (1) and any recommendations that the Secretary
considers appropriate.
(h) Regulations.--The Secretary shall prescribe regulations to
carry out this section, including standards for qualified loans and
authorized payees and other terms and conditions for the making of loan
repayments.
(i) Termination.--The authority to carry out the pilot program
shall expire on the date that is 3 years after the date on which the
Secretary commences the pilot program.
SEC. 5. PILOT PROGRAM ON COMMUNITY OUTREACH.
(a) In General.--The Secretary of Veterans Affairs shall establish
a pilot program to assist veterans transitioning from serving on active
duty and to improve the access of veterans to mental health services.
(b) Locations.--The Secretary shall carry out the pilot program
under subsection (a) at not less than five Veterans Integrated Service
Networks that have a large population of veterans who--
(1) served in the reserve components of the Armed Forces;
or
(2) are transitioning into communities with an established
population of veterans after having recently separated from the
Armed Forces.
(c) Functions.--The pilot program at each Veterans Integrated
Service Network described in subsection (b) shall include the
following:
(1) A community oriented veteran peer support network,
carried out in partnership with an appropriate entity with
experience in peer support programs, that--
(A) establishes peer support training guidelines;
(B) develops a network of veteran peer support
counselors to meet the demands of the communities in
the Veterans Integrated Service Network;
(C) conducts training of veteran peer support
counselors;
(D) with respect to one medical center selected by
the Secretary in each such Veterans Integrated Service
Network, has--
(i) a designated peer support specialist
who acts as a liaison to the community oriented
veteran peer network; and
(ii) a certified mental health professional
designated as the community oriented veteran
peer network mentor; and
(E) is readily available to veterans, including
pursuant to the Veterans Integrated Service Network
cooperating and working with State and local
governments and appropriate entities.
(2) A community outreach team for each medical center
selected by the Secretary pursuant to paragraph (1)(D) that--
(A) assists veterans transitioning into
communities;
(B) establishes a veteran transition advisory group
to facilitate outreach activities;
(C) includes the participation of appropriate
community organizations, State and local governments,
colleges and universities, chambers of commerce and
other local business organizations, and organizations
that provide legal aid or advice; and
(D) coordinates with the Veterans Integrated
Service Network regarding the Veterans Integrated
Service Network carrying out an annual mental health
summit to assess the status of veteran mental health
care in the community and to develop new or innovative
means to provide mental health services to veterans.
(d) Reports.--
(1) Initial report.--Not later than 18 months after the
date on which the pilot program under subsection (a) commences,
the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of
the House of Representatives a report on the pilot program.
With respect to each Veterans Integrated Service Network
described in subsection (b), the report shall include--
(A) a full description of the peer support model
implemented under the pilot program, participation
data, and data pertaining to past and current mental
health related hospitalizations and fatalities;
(B) recommendations on implementing peer support
networks throughout the Department;
(C) whether the mental health resources made
available under the pilot program for members of the
reserve components of the Armed Forces is effective;
and
(D) a full description of the activities and
effectiveness of community outreach coordinating teams
under the pilot program, including partnerships that
have been established with appropriate entities.
(2) Final report.--Not later than 90 days before the date
on which the pilot program terminates under subsection (e), the
Secretary shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives an update to the report submitted under
paragraph (1).
(e) Construction.--This section may not be construed to authorize
the Secretary to hire additional employees of the Department to carry
out the pilot program under subsection (a).
(f) Termination.--The authority of the Secretary to carry out the
pilot program under subsection (a) shall terminate on the date that is
3 years after the date on which the pilot program commences.
SEC. 6. COLLABORATION ON SUICIDE PREVENTION EFFORTS BETWEEN DEPARTMENT
OF VETERANS AFFAIRS AND NON-PROFIT MENTAL HEALTH
ORGANIZATIONS.
(a) Collaboration.--The Secretary of Veterans Affairs may
collaborate with non-profit mental health organizations to prevent
suicide among veterans as follows:
(1) To improve the efficiency and effectiveness of suicide
prevention efforts carried out by the Secretary and non-profit
mental health organizations.
(2) To assist non-profit mental health organizations with
the suicide prevention efforts of such organizations through
the use of the expertise of employees of the Department of
Veterans Affairs.
(3) To jointly carry out suicide prevention efforts.
(b) Exchange of Resources.--In carrying out any collaboration under
subsection (a), the Secretary and any non-profit mental health
organization with which the Secretary is collaborating under such
subsection shall exchange training sessions and best practices to help
with the suicide prevention efforts of the Department and such
organization.
(c) Director of Suicide Prevention Coordination.--The Secretary
shall select within the Department a Director of Suicide Prevention
Coordination to undertake any collaboration with non-profit mental
health organizations under this section or any other provision of law.
SEC. 7. ADDITIONAL PERIOD OF ELIGIBILITY FOR HEALTH CARE FOR CERTAIN
VETERANS OF COMBAT SERVICE DURING CERTAIN PERIODS OF
HOSTILITIES AND WAR.
Paragraph (3) of section 1710(e) of title 38, United States Code,
is amended to read as follows:
``(3) In the case of care for a veteran described in paragraph
(1)(D), hospital care, medical services, and nursing home care may be
provided under or by virtue of subsection (a)(2)(F) only during the
following periods:
``(A) Except as provided by subparagraph (B), with respect
to a veteran described in paragraph (1)(D) who is discharged or
released from the active military, naval, or air service after
January 27, 2003, the five-year period beginning on the date of
such discharge or release.
``(B) With respect to a veteran described in paragraph
(1)(D) who is discharged or released from the active military,
naval, or air service after January 1, 2009, and before January
1, 2011, but did not enroll to receive such hospital care,
medical services, or nursing home care pursuant to such
paragraph during the five-year period described in subparagraph
(A), the one-year period beginning on January 1, 2015.
``(C) With respect to a veteran described in paragraph
(1)(D) who is discharged or released from the active military,
naval, or air service on or before January 27, 2003, and did
not enroll in the patient enrollment system under section 1705
of this title on or before such date, the three-year period
beginning on January 27, 2008.''.
SEC. 8. PROHIBITION ON NEW APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this Act and the amendments made by this Act, and this Act and such
amendments shall be carried out using amounts otherwise made available
for such purposes.
Passed the House of Representatives December 9, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Clay Hunt Suicide Prevention for American Veterans Act or the Clay Hunt SAV Act - (Sec. 2) Requires the Secretary of Veterans Affairs (VA) to: (1) arrange for an independent third party evaluation, at least annually, of the VA's mental health care and suicide prevention programs; and (2) submit a report to Congress, by December 1 of each year, containing the most recent evaluations not yet submitted to Congress and any recommendations the Secretary considers appropriate. (Sec. 3) Directs the Secretary to survey the VA's existing Internet websites and information resources to publish an Internet website that serves as a centralized source to provide veterans with information, updated at least once every 90 days, regarding all of the VA's mental health care services. (Sec. 4) Requires the Secretary to carry out a three-year pilot program to repay the education loans relating to psychiatric medicine that are incurred by individuals who: are eligible to practice psychiatric medicine in the Veterans Health Administration (VHA) or are enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine; demonstrate a commitment to a long-term career as a psychiatrist in the VHA; and agree to a period of two or more years of obligated service with the VHA in the field of psychiatric medicine, as determined by the Secretary. Limits the loan repayment to no more than $30,000 for each year an individual performs such obligated service. Directs the Secretary to submit interim and final reports to Congress on such pilot program. (Sec. 5) Directs the Secretary to establish a three-year pilot program at not less than five Veterans Integrated Service Networks (VISNs) to assist veterans transitioning from active duty and to improve the access of veterans to mental health services. Requires the pilot program at each VISN to include: (1) a community oriented veteran peer support network, carried out in partnership with an entity that has experience in peer support programs; and (2) a community outreach team for each medical center in such VISN. Directs the Secretary to submit interim and final reports to Congress on such pilot program. (Sec. 6) Authorizes the Secretary to collaborate with nonprofit mental health organizations to prevent suicide among veterans. Requires the Secretary and any such organization with which the Secretary is collaborating to exchange training sessions and best practices. Directs the Secretary to select a VA Director of Suicide Prevention Coordination to undertake any collaboration with nonprofit mental health organizations. (Sec. 7) Extends, for the one-year period beginning on January 1, 2015, combat veterans' eligibility for VA hospital care, medical services, and nursing home care for illnesses which have not been medically proven to be attributable to their service, provided: (1) they were discharged or released from active duty between January 1, 2009, and January 1, 2011, and (2) did not enroll to receive such care during the five-year period of eligibility following their discharge. (Sec. 8) Prohibits the authorization of any additional appropriations to carry out this Act's provisions. | Clay Hunt SAV Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medication Therapy Management
Empowerment Act of 2013''.
SEC. 2. ACCESS TO SERVICES UNDER MEDICATION THERAPY MANAGEMENT PROGRAMS
FOR MEDICARE PART D ELIGIBLE INDIVIDUALS WITH SINGLE
CHRONIC DISEASES.
Section 1860D-4(c)(2)(A) of the Social Security Act (42 U.S.C.
1395w-104(c)(2)(A)) is amended--
(1) in clause (ii), by striking subclause (I) and inserting
the following:
``(I) have--
``(aa) multiple chronic
diseases (such as diabetes,
asthma, hypertension,
hyperlipidemia, and congestive
heart failure); or
``(bb) subject to clause
(iii), any single chronic
disease, including diabetes,
hypertension, heart failure,
dyslipidemia, respiratory
disease (such as asthma,
chronic obstructive pulmonary
disease or chronic lung
disorder), bone disease-
arthritis (such as osteoporosis
or osteoarthritis), rheumatoid
arthritis, or mental health
disorder (such as depression,
schizophrenia, or bipolar
disorder).''; and
(2) by adding at the end the following:
``(iii) Determinations relating to program
costs for including individuals with single
chronic diseases.--
``(I) Initial determinations.--With
regard to any single chronic disease,
clause (ii)(I)(bb) shall only be
applied if the Chief Actuary for the
Centers for Medicare & Medicaid
Services determines that the
application of such clause with regard
to such disease is not projected to
increase overall costs to the Medicare
program under this title over the five
year period beginning on the date of
determination.
``(II) Review of determinations.--
In the case that clause (ii)(I)(bb) is
applied with respect to a single
chronic disease pursuant to a
determination under subclause (I), not
later than five years after such date
of determination, the Chief Actuary for
the Centers for Medicare & Medicaid
Services shall review the effect of the
application of such clause with respect
to such disease on the actual cost of
the Medicare program under this title
during such five years. Based on such
review, if the Chief Actuary is unable
to determine that, with regard to such
single chronic disease, the application
of such clause did not increase costs
to the Federal government under the
Medicare program under this title over
such period, then the Secretary shall
review the findings of the Chief
Actuary and determine whether such
clause shall continue to be applied
with regard to such single chronic
disease. In conducting such review and
making such determination, the
Secretary shall consider the extent to
which the application of such clause
with regard to such single chronic
disease effects the health outcomes of
part D eligible individuals and any
savings and costs to the Federal
government under the Medicare program
under this title.''. | Medication Therapy Management Empowerment Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to provide access to services under medication therapy management programs for Medicare part D (Voluntary Prescription Drug Program) eligible individuals with a single chronic disease. Allows the application of this Act only if the Chief Actuary for the Centers for Medicare & Medicaid Services determines that such application with regard to a particular single chronic disease is not projected to increase overall costs to the Medicare program over the following five year period. | Medication Therapy Management Empowerment Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Oversight of Surplus
Property Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) The provisions in Public Law 94-519 established a
system to ensure the fair and equitable allocation of Federal
surplus personal property to eligible recipients, including law
enforcement agencies, school systems, medical institutions,
libraries, homeless assistance providers, and units of local
government;
(2) the benefits of the Federal personal property
utilization and donation program are measured in terms of
United States dollars which are not spent by the donees on new
and expensive property;
(3) Members of Congress and State and local officials have
an obligation to oversee the fair and equitable distribution of
Government property, thereby ensuring accountability to the
taxpayers of the United States;
(4) the owners of surplus Federal property are the people
of the United States, and the Federal Government is merely its
public custodian;
(5) the efforts of the State agencies in distributing
surplus property have enabled thousands of United States
taxpayers to acquire items such as office equipment, clothing,
furniture, motor vehicles, forklifts, aircraft, boats, and
generators which have been declared surplus to the needs of the
Federal Government;
(6) the effectiveness of the current system for donation of
surplus Federal personal property has been undermined by
programs that mandate that property be made available on a
priority basis to foreign entities before the safety, health,
education, and training needs of taxpayers of the United States
are met; and
(7) new legislation is needed to move the priority of
property transfers through foreign assistance programs to a
level below that of domestic use transfers of excess personal
property to Federal agencies.
SEC. 3. PRIORITY TO STATE AND LOCAL GOVERNMENTS FOR THE TRANSFER OF
NONLETHAL EXCESS SUPPLIES OF THE DEPARTMENT OF DEFENSE.
Section 2547 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary of
Defense'' and inserting in lieu thereof ``Subject to subsection
(d), the Secretary of Defense'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Nonlethal excess supplies of the Department of Defense shall
be made available to a State, a local government of a State, a
territory, or a possession, upon the request of the State, local
government, territory, or possession pursuant to authority provided in
another provision of law before such supplies are made available for
humanitarian relief purposes under this section. The President may make
such supplies available for humanitarian purposes before such supplies
are made available to a State, local government, territory, or
possession under this subsection in order to respond to an emergency
precipitated by a natural disaster.''.
SEC. 4. TRANSFERS OF PROPERTY FOR ENVIRONMENTAL PROTECTION IN FOREIGN
COUNTRIES.
Section 607 of the Foreign Assistance Act of 1961 (22 U.S.C.
2357(d)) is amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively;
((B) by striking ``(d) The'' and inserting ``(d)(1)
Except as provided in paragraph (3), the''; and
(C) by adding at the end the following:
``(2) No property may be transferred under paragraph (1) unless the
Administrator of General Services determines that there is no Federal
or State use requirement for the property under any other provision of
law.''; and
(2) by adding at the end the following:
``(e) Nothing in this section shall prohibit the transfer of
confiscated property to foreign countries.''.
SEC. 5. REPORT ON DISPOSAL AND DONATION OF SURPLUS PERSONAL PROPERTY.
Not later than 180 days after the date of enactment of this Act,
the Administrator of General Services shall review all statutes
relating to the disposal and donation of surplus personal property and
submit to Congress a report on such statutes including--
(1) the effectiveness of programs administered under such
statutes (except for any program that grants access to personal
property by local communities impacted by the closure of a
military base), and the amount and type of property
administered under each such program during the 2 most recent
fiscal years; and
(2) legislative recommendations to integrate and
consolidate all such programs to be administered by a single
Federal authority working with State agencies while
accomplishing the purposes of such programs. | Amends the Foreign Assistance Act of 1961 to prohibit the transfer of property for environmental protection in foreign countries unless the Administrator of General Services (GSA Administrator) determines that there is no Federal or State use requirement for the property under any other provision of law.
Requires the GSA Administrator to report to the Congress on the effectiveness of surplus personal property donation and disposal programs (except for any program that grants access to personal property by local communities affected by the closure of a military base), along with recommendations for consolidating such programs under a single Federal authority. | Taxpayer Oversight of Surplus Property Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Fire Safety Right-to-Know Act
of 2005''.
SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph
(N);
(B) by striking the period at the end of
subparagraph (O) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(P) the fire safety report prepared by the institution
pursuant to subsection (h).''; and
(2) by adding at the end the following new subsection:
``(h) Disclosure of Fire Safety Standards and Measures.--
``(1) Annual fire safety reports required.--Each
institution participating in any program under this title
shall, beginning in the first academic year that begins after
the date of enactment of the Campus Fire Safety Right-to-Know
Act of 2005, and each year thereafter, prepare, publish, and
distribute, through appropriate publications (including the
Internet) or mailings, to all current students and employees,
and to any applicant for enrollment or employment upon request,
an annual fire safety report. Such reports shall contain at
least the following information with respect to the campus fire
safety practices and standards of that institution:
``(A) A statement that identifies each institution
owned or controlled student housing facility, and
whether or not such facility is equipped with a fire
sprinkler system or other fire safety system, or has
fire escape planning or protocols.
``(B) Statistics for each such facility concerning
the occurrence of fires and false alarms in such
facility, during the 2 preceding calendar years for
which data are available.
``(C) For each such occurrence in each such
facility, a summary of the human injuries or deaths,
structural or property damage, or combination thereof.
``(D) Information regarding rules on portable
electrical appliances, smoking and open flames (such as
candles), regular mandatory supervised fire drills, and
planned and future improvements in fire safety.
``(E) Information about fire safety education and
training provided to students, faculty, and staff.
``(F) Information concerning fire safety at any
housing facility owned or controlled by a fraternity,
sorority, or student group that is recognized by the
institution, including--
``(i) information reported to the
institution under paragraph (4); and
``(ii) a statement concerning whether and
how the institution works with recognized
student fraternities and sororities, and other
recognized student groups owning or controlling
housing facilities, to make building and
property owned or controlled by such
fraternities, sororities, and groups more fire
safe.
``(2) Fraternities, sororities, and other groups.--Each
institution participating in a program under this title shall
request each fraternity and sorority that is recognized by the
institution, and any other student group that is recognized by
the institution and that owns or controls housing facilities,
to collect and report to the institution the information
described in subparagraphs (A) through (E) of paragraph (1), as
applied to the fraternity, sorority, or recognized student
group, respectively, for each building and property owned or
controlled by the fraternity, sorority, or group, respectively.
``(3) Current information to campus community.--Each
institution participating in any program under this title shall
make, keep, and maintain a log, written in a form that can be
easily understood, recording all on-campus fires, including the
nature, date, time, and general location of each fire and all
false fire alarms. All entries that are required pursuant to
this paragraph shall, except where disclosure of such
information is prohibited by law, be open to public inspection,
and each such institution shall make annual reports to the
campus community on such fires and false fire alarms in a
manner that will aid the prevention of similar occurrences.
``(4) Reports to the secretary.--On an annual basis, each
institution participating in any program under this title shall
submit to the Secretary a copy of the statistics required to be
made available under paragraph (1)(B). The Secretary shall--
``(A) review such statistics;
``(B) make copies of the statistics submitted to
the Secretary available to the public; and
``(C) in coordination with nationally recognized
fire organizations and representatives of institutions
of higher education, identify exemplary fire safety
policies, procedures, and practices and disseminate
information concerning those policies, procedures, and
practices that have proven effective in the reduction
of campus fires.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to require
particular policies, procedures, or practices by institutions
of higher education with respect to fire safety.
``(6) Definitions.--In this subsection, the term `campus'
has the meaning provided in subsection (f)(6).''.
SEC. 3. REPORT TO CONGRESS BY THE SECRETARY OF EDUCATION.
(a) Definition of Facility.--In this section the term ``facility''
means a student housing facility owned or controlled by an institution
of higher education, or a housing facility owned or controlled by a
fraternity, sorority, or student group that is recognized by the
institution.
(b) Report.--Within two years after the date of enactment of this
Act, the Secretary of Education shall prepare and submit to the
Congress a report containing--
(1) an analysis of the current status of fire safety
systems in facilities of institutions participating in programs
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.), including sprinkler systems;
(2) an analysis of the appropriate fire safety standards to
apply to such facilities, which the Secretary shall prepare
after consultation with such fire safety experts,
representatives of institutions of higher education, and other
Federal agencies as the Secretary, in the Secretary's
discretion, considers appropriate;
(3) an estimate of the cost of bringing all nonconforming
such facilities up to current building codes; and
(4) recommendations from the Secretary concerning the best
means of meeting fire safety standards in all such facilities,
including recommendations for methods to fund such cost. | Campus Fire Safety Right-to-Know Act of 2005 - Amends the Higher Education Act of 1965 to require each institution participating in any program under the Act to provide to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing specified information about the campus fire safety practices and standards of that institution.
Requires such institutions to: (1) record all on-campus fires, including the nature, date, time, and general location of each fire and all false fire alarms; and (2) open such information to public inspection. Requires the institutions to report on such information annually to the campus community in a manner that will aid the prevention of similar occurrences.
Requires the institutions to request their fraternities and sororities to collect and report such information for each building and property they own or control.
Requires the Secretary of Education to report to Congress on fire safety systems in facilities of institutions of higher education and on fire safety standards in all such facilities. | A bill to provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans E-Health and Telemedicine
Support Act of 2017'' or the ``VETS Act of 2017''.
SEC. 2. LICENSURE OF HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF
VETERANS AFFAIRS PROVIDING TREATMENT VIA TELEMEDICINE.
(a) In General.--Chapter 17 of title 38, United States Code, is
amended by inserting after section 1730A the following new section:
``Sec. 1730B. Licensure of health care professionals providing
treatment via telemedicine
``(a) In General.--Notwithstanding any provision of law regarding
the licensure of health care professionals, a covered health care
professional may practice the health care profession of the health care
professional at any location in any State, regardless of where the
covered health care professional or the patient is located, if the
covered health care professional is using telemedicine to provide
treatment to an individual under this chapter.
``(b) Covered Health Care Professionals.--For purposes of this
section, a covered health care professional is any health care
professional who--
``(1) is an employee of the Department appointed under the
authority under section 7306, 7401, 7405, 7406, or 7408 of this
title or title 5;
``(2) is authorized by the Secretary to provide health care
under this chapter;
``(3) is required to adhere to all standards of quality
relating to the provision of medicine in accordance with
applicable policies of the Department; and
``(4) has an active, current, full, and unrestricted
license, registration, or certification in a State to practice
the health care profession of the health care professional.
``(c) Property of Federal Government.--Subsection (a) shall apply
to a covered health care professional providing treatment to a patient
regardless of whether the covered health care professional or patient
is located in a facility owned by the Federal Government during such
treatment.
``(d) Relation to State Law.--(1) The provisions of this section
shall supersede any provisions of the law of any State to the extent
that such provision of State law are inconsistent with this section.
``(2) No State shall deny or revoke the license, registration, or
certification of a covered health care professional who otherwise meets
the qualifications of the State for holding the license, registration,
or certification on the basis that the covered health care professional
has engaged or intends to engage in activity covered by subsection (a).
``(e) Rule of Construction.--Nothing in this section may be
construed to remove, limit, or otherwise affect any obligation of a
covered health care professional under the Controlled Substances Act
(21 U.S.C. 801 et seq.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1730A the following new item:
``1730B. Licensure of health care professionals providing treatment via
telemedicine.''.
(c) Report on Telemedicine.--
(1) In general.--Not later than one year after the earlier
of the date on which services provided under section 1730B of
title 38, United States Code, as added by subsection (a), first
occur or regulations are promulgated to carry out such section,
the Secretary of Veterans Affairs shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
the effectiveness of the use of telemedicine by the Department
of Veterans Affairs.
(2) Elements.--The report required by paragraph (1) shall
include an assessment of the following:
(A) The satisfaction of veterans with telemedicine
furnished by the Department.
(B) The satisfaction of health care providers in
providing telemedicine furnished by the Department.
(C) The effect of telemedicine furnished by the
Department on the following:
(i) The ability of veterans to access
health care, whether from the Department or
from non-Department health care providers.
(ii) The frequency of use by veterans of
telemedicine.
(iii) The productivity of health care
providers.
(iv) Wait times for an appointment for the
receipt of health care from the Department.
(v) The use by veterans of in-person
services at Department facilities and non-
Department facilities.
(D) The types of appointments for the receipt of
telemedicine furnished by the Department that were
provided during the one-year period preceding the
submittal of the report.
(E) The number of appointments for the receipt of
telemedicine furnished by the Department that were
requested during such period, disaggregated by medical
facility.
(F) Savings by the Department, if any, including
travel costs, from furnishing health care through the
use of telemedicine during such period.
Passed the Senate January 3, 2018.
Attest:
Secretary.
115th CONGRESS
2d Session
S. 925
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to improve the ability of health
care professionals to treat veterans through the use of telemedicine,
and for other purposes. | Veterans E-Health and Telemedicine Support Act of 2017 or the VETS Act of 2017 This bill allows a licensed health care professional of the Department of Veterans Affairs to practice his or her profession using telemedicine at any location in any state, regardless of where the professional or patient is located. | Veterans E-Health and Telemedicine Support Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vision Care for Kids Act of 2009''.
SEC. 2. GRANTS REGARDING VISION CARE FOR CHILDREN.
Part Q of title III of the Public Health Service Act (42 U.S.C.
280h et seq.) is amended by adding at the end the following:
``SEC. 399Z-1. GRANTS REGARDING VISION CARE FOR CHILDREN.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may award grants to
States on the basis of an established review process for the purpose of
complementing existing State efforts for--
``(1) providing comprehensive eye examinations (as defined
in subsection (i)) by a licensed optometrist or ophthalmologist
for eligible children (as defined in subsection (b)) who have
been previously identified through a vision screening or eye
examination by a licensed health care provider or vision
screener as needing such services, with priority given to
children who are under the age of 9 years;
``(2) providing treatment or services to such children,
subsequent to the examinations described in paragraph (1), that
are necessary to correct vision problems; and
``(3) developing and disseminating, to parents, teachers,
and health care practitioners, educational materials on
recognizing signs of visual impairment in children.
``(b) Eligible Children.--
``(1) In general.--For purposes of this section, the term
`eligible child' means, with respect to an examination
described in paragraph (1) of subsection (a) or a treatment or
service described in paragraph (2) of such subsection and with
respect to a State, a child who is a low-income child (as
defined by the State) and who--
``(A) is not eligible for medical assistance under
the State plan under title XIX of such Act;
``(B) subject to paragraph (2)(A), is not eligible
for child health assistance under the State child
health plan under title XXI of the Social Security Act;
``(C) subject to paragraph (2)(B), does not have
health insurance coverage (as defined in section 2791)
in the group market or in the individual market (as
such terms are defined in such section) and is not a
beneficiary or participant under a group health plan
(as defined in such section); and
``(D) is not receiving assistance under any State
health compensation program or under any other Federal
or State health benefits program for such examination,
treatment, or service, respectively.
``(2) Inclusion of certain low-income children with health
benefits.--With respect to an examination described in
paragraph (1) of subsection (a) or a treatment or service
described in paragraph (2) of such subsection and with respect
to a State--
``(A) paragraph (1)(B) shall not apply to a child
who is eligible for child health assistance under the
State child health plan under title XXI of the Social
Security Act (whether or not such child is enrolled
under such plan), if such plan does not provide for
coverage of such examination, treatment, or service,
respectively; and
``(B) paragraph (1)(C) shall not apply to a child
described in such paragraph if no amount is payable
under the coverage or plan described in such paragraph
for such examination, treatment, or service,
respectively.
``(c) Criteria.--The Secretary, in consultation with appropriate
professional and patient organizations including individuals with
knowledge of age appropriate vision services, shall develop criteria--
``(1) governing the operation of the grant program under
subsection (a); and
``(2) for the collection of data related to vision
assessment and the utilization of follow-up services.
``(d) Application.--To be eligible to receive a grant under
subsection (a), a State shall submit to the Secretary an application in
such form, made in such manner, and containing such information as the
Secretary may require, including--
``(1) information on existing Federal, Federal-State, or
State-funded children's vision programs;
``(2) a plan for the use of grant funds, including how
funds will be used to complement existing State efforts
(including possible partnerships with non-profit entities);
``(3) a plan to determine if an eligible child has been
identified as provided for in subsection (a);
``(4) an assurance that funds will be used consistent with
this section;
``(5) a description of how funds will be used to provide
examinations, treatments, and services, consistent with this
section; and
``(6) an assurance that, in providing examinations,
treatments, and services through use of such grant, the State
will give priority to eligible children with the lowest income.
``(e) Evaluations.--To be eligible to receive a grant under
subsection (a), a State shall agree that, not later than 1 year after
the date on which amounts under the grant are first received by the
State, and annually thereafter while receiving amounts under the grant,
the State will submit to the Secretary an evaluation of the operations
and activities carried out under the grant, including--
``(1) an assessment of the utilization of vision services
and the status of children receiving these services as a result
of the activities carried out under the grant;
``(2) the collection, analysis, and reporting of children's
vision data according to guidelines prescribed by the
Secretary; and
``(3) such other information as the Secretary may require.
``(f) Limitations in Expenditure of Grant.--A grant may be made
under subsection (a) only if the State involved agrees that the State
will expend amounts received under such grant as follows:
``(1) The State will expend at least 80 percent of such
amounts for the purposes described in paragraphs (1) and (2) of
such subsection.
``(2) The State will not expend more than 10 percent of
such amounts to carry out the purpose described in paragraph
(3) of such subsection.
``(3) The State will not expend more than 10 percent of
such amounts for administrative purposes.
``(g) Matching Funds.--
``(1) In general.--With respect to the costs of the
activities to be carried out with a grant under subsection (a),
a condition for the receipt of the grant is that the State
involved agrees to make available (directly or through
donations from public or private entities) non-Federal
contributions toward such costs in an amount that is not less
than 25 percent of such costs.
``(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
``(h) Supplement Not Supplant.--A State that receives a grant under
this section shall ensure that amounts received under such grant will
be used to supplement, and not supplant, any other Federal, State, or
local funds available to carry out activities of the type carried out
under the grant.
``(i) Definitions.--For purposes of this section:
``(1) Child.--The term `child' means an individual who--
``(A) has not attained 18 years of age; or
``(B) has not attained 19 years of age and is a
full-time student in a secondary school (or in the
equivalent level of vocational or technical training).
``(2) Comprehensive eye examination.--The term
`comprehensive eye examination' includes an assessment of a
patient's history, general medical observation, external and
ophthalmoscopic examination, visual acuity, ocular alignment
and motility, refraction, and as appropriate, binocular vision
or gross visual fields, performed by an optometrist or an
ophthalmologist.
``(j) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated--
``(1) $10,000,000 for fiscal year 2010;
``(2) $13,000,000 for fiscal year 2011; and
``(3) $14,000,000 for each of the fiscal years 2012 through
2014.''.
Passed the House of Representatives March 31, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Vision Care for Kids Act of 2009 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award matching grants to states to complement existing state efforts to: (1) provide comprehensive eye examinations from a licensed optometrist or ophthalmologist to eligible children who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of nine years; (2) provide treatment or services as necessary to correct identified vision problems; and (3) develop and disseminate to parents, teachers, and health care practitioners educational materials on recognizing signs of visual impairment in children. Defines "eligible child" as a low-income child who: (1) is not eligible for medical assistance under Medicaid; (2) is not eligible for child health assistance under the State Children's Health Insurance Program (SCHIP), unless such plan does not provide coverage of such examination, treatment, or service; (3) does not have health insurance coverage unless no amount is payable under the coverage for such examination, treatment, or service; and (4) is not receiving assistance under state health compensation program or any other federal or state health benefits program.
Requires the Secretary to develop criteria: (1) governing the operation of the grant program; and (2) for the collection of data related to vision assessment and the utilization of follow-up services. | To establish a grant program to provide vision care to children, and for other purposes. |
SECTION 1. DEFINITIONS.
As used in this Act--
(1) ``Secretary'' means the Secretary of the Interior,
acting through the Commissioner of Reclamation;
(2) ``Reclamation'' means the Bureau of Reclamation, United
States Department of the Interior;
(3) ``Fish passage and screening facilities'' means
ladders, collection devices, and all other kinds of facilities
which enable fish to pass through, over, or around water
diversion structures; facilities and other constructed works
which modify, consolidate, or replace water diversion
structures in order to achieve fish passage; screens and other
devices which reduce or prevent entrainment and impingement of
fish in a water diversion, delivery, or distribution system;
and any other facilities, projects, or constructed works or
strategies which are designed to provide for or improve fish
passage while maintaining water deliveries and to reduce or
prevent entrainment and impingement of fish in a water storage,
diversion, delivery, or distribution system of a water project;
(4) ``Federal reclamation project'' means a water resources
development project constructed, operated, and maintained
pursuant to the Reclamation Act of 1902 (32 Stat. 388), and
acts amendatory thereof and supplementary thereto;
(5) ``Non-Federal party'' means any non-Federal party,
including federally recognized Indian tribes, non-Federal
governmental and quasi-governmental entities, private entities
(both profit and non-profit organizations), and private
individuals;
(6) ``Snake River Basin'' means the entire drainage area of
the Snake River, including all tributaries, from the headwaters
to the confluence of the Snake River with the Columbia River;
(7) ``Columbia River Basin'' means the entire drainage area
of the Columbia River located in the United States, including
all tributaries, from the headwaters to the Columbia River
estuary; and
(8) ``Habitat improvements'' means work to improve habitat
for aquatic plants and animals within a currently existing
stream channel below the ordinary high water mark, including
stream reconfiguration to rehabilitate and protect the natural
function of streambeds, and riverine wetland construction and
protection.
SEC. 2. AUTHORIZATION.
(a) In General.--Subject to the requirements of this Act, the
Secretary is authorized to plan, design, and construct, or provide
financial assistance to non-Federal parties to plan, design, and
construct, fish passage and screening facilities or habitat
improvements at any non-Federal water diversion or storage project
located anywhere in the Columbia River Basin when the Secretary
determines that such facilities would enable Reclamation to meet its
obligations under section 7(a)(2) of the Endangered Species Act of 1973
(16 U.S.C. 1536(a)(2)) regarding the construction and continued
operation and maintenance of all Federal reclamation projects located
in the Columbia River Basin, excluding the Federal reclamation projects
located in the Snake River Basin.
(b) Prohibition of Acquisition of Land for Habitat Improvements.--
Notwithstanding subsection (a), nothing in this Act authorizes the
acquisition of land for habitat improvements.
SEC. 3. LIMITATIONS.
(a) Written Agreement.--The Secretary may undertake the
construction of, or provide financial assistance covering the cost to
the non-Federal parties to construct, fish passage and screening
facilities at non-Federal water diversion and storage projects or
habitat improvements located anywhere in the Columbia River Basin only
after entering into a voluntary, written agreement with the non-Federal
party or parties who own, operate, or maintain the project, or any
associated lands involved.
(b) Federal Share.--The Federal share of the total costs of
constructing the fish passage and screening facility or habitat
improvements shall be not more than 75 percent.
(c) Non-Federal Share.--
(1) Except as provided in paragraph (4), a written
agreement entered into under subsection (a) shall provide that
the non-Federal party agrees to pay the non-Federal share of
the total costs of constructing the fish passage and screening
facility or habitat improvements.
(2) The non-Federal share may be provided in the form of
cash or in-kind services.
(3) The Secretary shall--
(A) require the non-Federal party to provide
appropriate documentation of any in-kind services
provided; and
(B) determine the value of the in-kind services.
(4) The requirements of this subsection shall not apply to
Indian tribes.
(d) Grant and Cooperative Agreements.--Any financial assistance
made available pursuant to this Act shall be provided through grant
agreements or cooperative agreements entered into pursuant to and in
compliance with chapter 63 of title 31, United States Code.
(e) Terms and Conditions.--The Secretary may require such terms and
conditions as will ensure performance by the non-Federal party, protect
the Federal investment in fish passage and screening facilities or
habitat improvements, define the obligations of the Secretary and the
non-Federal party, and ensure compliance with this Act and all other
applicable Federal, State, and local laws.
(f) Rights and Duties of Non-Federal Parties.--All right and title
to, and interest in, any fish passage and screening facilities
constructed or funded pursuant to the authority of this Act shall be
held by the non-Federal party or parties who own, operate, and maintain
the non-Federal water diversion and storage project, and any associated
lands, involved. The operation, maintenance, and replacement of such
facilities shall be the sole responsibility of such party or parties
and shall not be a project cost assignable to any Federal reclamation
project.
SEC. 4. OTHER REQUIREMENTS.
(a) Permits.--The Secretary may assist a non-Federal party who
owns, operates, or maintains a non-Federal water diversion or storage
project, and any associated lands, to obtain and comply with any
required State, local, or tribal permits.
(b) Federal Law.--In carrying out this Act, the Secretary shall be
subject to all Federal laws applicable to activities associated with
the construction of a fish passage and screening facility or habitat
improvements.
(c) State Water Law.--
(1) In carrying out this Act, the Secretary shall comply
with any applicable State water laws.
(2) Nothing in this Act affects any water or water-related
right of a State, an Indian tribe, or any other entity or
person.
(d) Required Coordination.--The Secretary shall coordinate with the
Northwest Power and Conservation Council; appropriate agencies of the
States of Idaho, Oregon, and Washington; and appropriate federally
recognized Indian tribes in carrying out the program authorized by this
Act.
SEC. 5. INAPPLICABILITY OF FEDERAL RECLAMATION LAW.
(a) In General.--The Reclamation Act of 1902 (32 Stat. 388), and
Acts amendatory thereof and supplementary thereto, shall not apply to
the non-Federal water projects at which the fish passage and screening
facilities authorized by this Act are located, nor to the lands which
such projects irrigate.
(b) Nonreimbursable and Nonreturnable Expenditures.--
Notwithstanding any provision of law to the contrary, the expenditures
made by the Secretary pursuant to this Act shall not be a project cost
assignable to any Federal reclamation project (either as a construction
cost or as an operation and maintenance cost) and shall be non-
reimbursable and non-returnable to the United States Treasury.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such amounts as are
necessary for the purposes of this Act.
Passed the Senate September 15, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Authorizes the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation (Reclamation), directly or through financial assistance to non-Federal parties, to plan, design, and construct fish passage and screening facilities or habitat improvements at any non-Federal water diversion or storage project located anywhere in the Columbia River Basin. Provides such authority when the Secretary determines that such facilities would enable Reclamation to meet its obligations under specified Federal law regarding the construction and continued operation and maintenance of all Federal reclamation projects located in the Columbia River Basin, excluding the Federal reclamation projects located in the Snake River Basin. Limits the Federal share to 75 percent of project costs, requiring the non-Federal party to pay the remaining share. Sets forth other limitations and requirements relating to the authority under this Act.
Makes the Reclamation Act of 1902 and other Federal reclamation laws inapplicable to the non-Federal water projects at which the fish passage and screening facilities authorized by this Act are located, and to the lands which such projects irrigate. Declares that expenditures made by the Secretary under this Act shall not be a project cost assignable to any Federal reclamation project and shall be non-reimbursable and non-returnable to the U.S. Treasury.
Authorizes appropriations. | A bill to authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to assist in the implementation of fish passage and screening facilities at non-Federal water projects, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Science, Education,
and Ecosystem Enhancement Act of 2009''.
SEC. 2. REAUTHORIZATION OF NOAA CHESAPEAKE BAY OFFICE.
Section 307 of the National Oceanic and Atmospheric Administration
Authorization Act of 1992 (15 U.S.C. 1511d) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``(in this
section'' and all that follows and inserting a period;
(B) by amending paragraph (2) to read as follows:
``(2) The Office shall be headed by a Director, who--
``(A) shall have knowledge and experience in
research or resource management efforts in the
Chesapeake Bay; and
``(B) shall be responsible for the administration
and operation of the office and the implementation of
this Act.''; and
(C) by striking paragraph (3);
(2) in subsection (b)--
(A) by striking so much as precedes paragraph (1)
and inserting the following:
``(b) Purpose.--The purpose of this section is to focus the
relevant science, research, and resource management capabilities of the
National Oceanic and Atmospheric Administration as they apply to the
Chesapeake Bay and to utilize the Office to--'';
(B) in paragraph (2), by striking ``Secretary of
Commerce'' and inserting ``Administrator'';
(C) in paragraph (3)--
(i) by striking the matter preceding
subparagraph (A) and inserting the following:
``(3) coordinate the programs and activities of the various
organizations within the National Oceanic and Atmospheric
Administration in furtherance of such administration's coastal
resource stewardship mission, including--'';
(ii) in subparagraph (A), by striking
``and'' after the semicolon at the end of
clause (vi), and by inserting after clause
(vii) the following:
``(viii) coastal hazards and climate
change; and''; and
(iii) in subparagraph (B), by striking
``and'' after the semicolon at the end of
clause (iii), by inserting ``and'' after the
semicolon at the end of clause (iv), and by
adding at the end the following:
``(v) integrated ecosystem assessments;'';
(D) in paragraph (4)--
(i) by striking ``Environmental Protection
Agency'' and inserting ``Chesapeake Executive
Council''; and
(ii) by inserting before the semicolon at
the end the following: ``as appropriate to
further purposes of this section'';
(E) by striking paragraphs (5) and (7);
(F) by redesignating paragraph (6) as paragraph
(5); and
(G) by adding at the end the following:
``(6) perform any functions necessary to support the
programs referred to in paragraph (3).''; and
(3) by striking subsection (c) and all that follows through
the end of the section and inserting the following:
``(c) Program Activities.--
``(1) In general.--The Administrator, through the Director,
shall implement the program activities authorized by this
subsection to support the activity of the Chesapeake Executive
Council and to further the purposes of this section.
``(2) Ensuring scientific and technical merit.--The
Director shall--
``(A) establish and utilize an effective and
transparent mechanism to ensure that projects funded
under this section have undergone appropriate peer
review; and
``(B) provide other appropriate means to determine
that such projects have acceptable scientific and
technical merit for the purpose of achieving maximum
utilization of available funds and resources to benefit
the Chesapeake Bay area.
``(3) Consultation with chesapeake executive council.--The
Director shall, in the implementation of the program activities
authorized under this section, consult with the Chesapeake
Executive Council, to ensure that the activities of the Office
are consistent with the purposes and priorities of the
Chesapeake Bay Agreement and plans developed pursuant to the
Agreement.
``(4) Integrated coastal observations.--
``(A) In general.--The Administrator, through the
Director, may collaborate with scientific and academic
institutions, State and Federal agencies, non-
governmental organizations, and other constituents in
the Chesapeake Bay watershed, to support an integrated
observations system for the Chesapeake Bay consistent
with the purposes of subtitle C of title XII of Public
Law 111-11 (33 U.S.C. 3601 et seq.).
``(B) Specific requirements.--To support the system
referred to in subparagraph (A) and provide a complete
set of environmental information for the Chesapeake
Bay, the Director shall--
``(i) coordinate existing monitoring and
observing activities in the Chesapeake Bay;
``(ii) identify new data collection needs
and deploy new technologies, as appropriate;
``(iii) collect and analyze the scientific
information necessary for the management of
living marine resources and the marine habitat
associated with such resources;
``(iv) manage and interpret the information
described in clause (iii); and
``(v) organize the information described in
clause (iii) into products that are useful to
policy makers, resource managers, scientists,
and the public.
``(C) Chesapeake bay interpretive buoy system.--To
further the development and implementation of the
Chesapeake Bay Interpretive Buoy System, the Director
may--
``(i) support the establishment and
implementation of the Captain John Smith
Chesapeake National Historic Trail;
``(ii) delineate key waypoints along the
trail and provide appropriate real-time data
and information for trail users;
``(iii) interpret data and information for
use by educators and students to inspire
stewardship of Chesapeake Bay; and
``(iv) incorporate the Chesapeake Bay
Interpretive Buoy System into the Integrated
Ocean Observing System regional network of
observatories.
``(5) Chesapeake bay watershed education and training
program.--
``(A) In general.--The Administrator, through the
Director, may establish a Chesapeake Bay watershed
education and training program. The program shall--
``(i) continue and expand the Chesapeake
Bay watershed education programs offered by the
Office immediately before the enactment of the
Chesapeake Bay Science, Education, and
Ecosystem Enhancement Act of 2009;
``(ii) improve the understanding of
elementary and secondary school students and
teachers of the living resources of the
ecosystem of the Chesapeake Bay;
``(iii) provide community education to
improve watershed protection; and
``(iv) meet the educational goals of the
Chesapeake 2000 Agreement.
``(B) Grant program.--The Director may award grants
for the purposes of this paragraph. Grants awarded
under this subparagraph may be used to support
education and training projects that enhance
understanding and assessment of a specific
environmental problem in the Chesapeake Bay watershed
or a goal of the Chesapeake Bay Program, or protect or
restore living resources of the Chesapeake Bay
watershed, including projects that--
``(i) provide classroom education,
including the development and use of distance
learning and other innovative technologies,
related to the Chesapeake Bay watershed;
``(ii) provide watershed educational
experiences in the Chesapeake Bay watershed;
``(iii) provide professional development
for teachers related to the Chesapeake Bay
watershed and the dissemination of pertinent
education materials oriented to varying grade
levels;
``(iv) demonstrate or disseminate
environmental educational tools and materials
related to the Chesapeake Bay watershed;
``(v) demonstrate field methods, practices,
and techniques including assessment of
environmental and ecological conditions and
analysis of environmental problems;
``(vi) build the capacity of organizations
to deliver high quality environmental education
programs; and
``(vii) educate local land use officials
and decision makers on the relationship of land
use to natural resource and watershed
protection.
``(C) Collaboration.--The Director shall implement
the education and training program in collaboration
with the heads of other relevant Federal agencies.
``(6) Coastal and living resources management and habitat
program.--
``(A) In general.--The Administrator, through the
Director, may establish a Chesapeake Bay coastal living
resources management and habitat program to support
coordinated management, protection, characterization,
and restoration of priority Chesapeake Bay habitats and
living resources, including oysters, blue crabs, and
submerged aquatic vegetation.
``(B) Activities.--Under the program, the Director
may, subject to the availability of appropriations,
carry out or enter into grants, contracts, and
cooperative agreements and provide technical assistance
to support--
``(i) native oyster restoration;
``(ii) fish and shellfish aquaculture that
is carried out in accordance with a valid
Federal or State permit;
``(iii) establishment of submerged aquatic
vegetation propagation programs;
``(iv) the development of programs that
protect and restore critical coastal habitats;
``(v) habitat mapping, characterization,
and assessment techniques necessary to
identify, assess, and monitor restoration
actions;
``(vi) application and transfer of applied
scientific research and ecosystem management
tools to fisheries and habitat managers;
``(vii) collection, synthesis, and sharing
of information to inform and influence coastal
and living resource management issues; and
``(viii) other activities that the Director
determines are appropriate to carry out the
purposes of such program.
``(d) Reports.--
``(1) In general.--The Administrator, through the Director,
shall submit a biennial report to the Congress and the
Secretary of Commerce on the activities of the Office and on
progress made in protecting and restoring the living resources
and habitat of the Chesapeake Bay.
``(2) Action plan.--Each such report shall include an
action plan for the 2-year period following submission of the
report, consisting of--
``(A) a list of recommended research, monitoring,
and data collection activities necessary to continue
implementation of the strategy under subsection (b)(2);
and
``(B) recommendations to integrate National Oceanic
and Atmospheric Administration activities with the
activities of the partners in the Chesapeake Bay
Program to meet the commitments of the Chesapeake 2000
agreement and subsequent agreements.
``(e) Agreements.--
``(1) In general.--The Administrator, through the Director,
may, subject to the availability of appropriations, enter into
and perform such contracts, leases, grants, or cooperative
agreements as may be necessary to carry out the purposes of
this Act.
``(2) Use of other resources.--For purposes related to the
understanding, protection, and restoration of Chesapeake Bay,
the Director may use, with their consent and with or without
reimbursement, the land, services, equipment, personnel, and
facilities of any Department, agency, or instrumentality of the
United States, or of any State, local government, Indian tribal
government, or of any political subdivision thereof.
``(3) Donations.--The Director may accept donations of
funds, other property, and services for use in understanding,
protecting, and restoring the Chesapeake Bay. Donations
accepted under this section shall be considered as a gift or
bequest to or for the use of the United States.
``(f) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the National Oceanic and Atmospheric
Administration.
``(2) Chesapeake bay agreement.--The term `Chesapeake Bay
Agreement' means the formal, voluntary agreements executed to
achieve the goal of restoring and protecting the Chesapeake Bay
ecosystem and the living resources of the Chesapeake Bay
ecosystem and are signed by the Chesapeake Executive Council.
``(3) Chesapeake executive council.--The term `Chesapeake
Executive Council' means the representatives from the
Commonwealth of Virginia, the State of Maryland, the
Commonwealth of Pennsylvania, the Environmental Protection
Agency, the District of Columbia, and the Chesapeake Bay
Commission, who are signatories to the Chesapeake Bay
Agreement, and any future signatories to that agreement.
``(4) Director.--The term `Director' means the Director of
the Office.
``(5) Office.--The term `Office' means the Chesapeake Bay
Office established under this section.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section--
``(1) $17,000,000 for fiscal year 2011;
``(2) $18,700,000 for fiscal year 2012;
``(3) $20,570,000 for fiscal year 2013; and
``(4) $22,627,000 for fiscal year 2014.''.
Passed the House of Representatives September 30, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Chesapeake Bay Science, Education, and Ecosystem Enhancement Act of 2009 - Amends the National Oceanic and Atmospheric Administration Authorization Act of 1992 to revise research, management, and program provisions of the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration (NOAA).
States that the Director of the Office shall be responsible for the administration and operation of the Office and implementation of such Act.
Requires the Director to: (1) implement the program activities of the Chesapeake Executive Council; (2) ensure that projects have scientific and technical merit and have undergone appropriate peer review; (3) consult with the Council; and (4) report biennially to Congress and to the Secretary of Commerce regarding activities to protect the Chesapeake Bay.
Authorizes the Director to: (1) collaborate with scientific and academic institutions, state and federal agencies, nongovernmental organizations, and other constituents to support an integrated observations system for the Chesapeake Bay; (2) support the establishment and implementation of the Captain John Smith Chesapeake National Historic Trail; (3) incorporate the Chesapeake Bay Interpretive Buoy System into the Integrated Ocean Observing System regional network of observatories; (4) establish a Chesapeake Bay watershed education and training program (authorizes related grants); (5) establish a Chesapeake Bay coastal living resources management and habitat program to support management of priority Chesapeake Bay habitats and living resources, including oysters, blue crabs, and submerged aquatic vegetation; and (6) accept donations of funds, property, and services.
Authorizes FY2011- FY2014 appropriations for the Office and related activities. | To reauthorize the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joshua Omvig Veterans Suicide
Prevention Act''.
SEC. 2. 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.--The program shall include programs
targeted at family members of veterans to assist such family
members--
(A) understanding issues that arise in the
readjustment of veterans to civilian life;
(B) identifying signs and symptoms of mental health
problems; and
(C) 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 assist other veterans with
mental health issues.
(B) Peer support counseling as a 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) Access to mental health services.--The program shall
include mechanisms to ensure that veterans in rural and
geographically remote areas have access to quality mental
health care. In ensuring the delivery of quality mental health
care to such veterans, the Secretary of Veterans Affairs shall
collaborate with the following agencies:
(A) The Department of Health and Human Services.
(B) The National Institute of Mental Health.
(C) The Indian Health Service.
(D) The Health Resources and Services
Administration.
(E) The Substance Abuse and Mental Health Services
Administration.
(9) 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.
(10) Research on sexual trauma.--The program shall provide
for research on mental health care for veterans who experience
sexual trauma while in service in the Armed Forces, including
members who experience such trauma while serving in a reserve
component of the Armed Forces.
(11) 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.
(12) 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.
(13) 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. 3. 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 2(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.
SEC. 4. 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 2(a). | Joshua Omvig Veterans Suicide Prevention Act - Directs the Secretary of Veterans Affairs 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 access to mental health services; (5) suicide prevention counselors; (6) research on suicide prevention and on mental health of veterans who experienced sexual trauma; (7) 24-hour veterans' mental health care availability; and (8) a toll-free hotline.
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 should take into consideration the special needs of veterans suffering from PTSD in developing and implementing the program. | A bill to reduce the incidence of suicide among veterans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Agreements Compliance Act of
1993''.
SEC. 2. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE.
Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et
seq.) is amended by inserting after section 306 the following new
section:
``SEC. 306A. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE.
``(a) Definitions.--For purposes of this section--
``(1) The term `interested person' means any person that
has a significant economic interest that is being, or has been,
adversely affected by the failure of a foreign country to
comply materially with the terms of a trade agreement.
``(2) The term `trade agreement' means any bilateral trade
agreement to which the United States is a party.
``(b) Request for Review.--
``(1) An interested person may request the Trade
Representative to undertake a review under this section to
determine whether a foreign country is in material compliance
with the terms of a trade agreement.
``(2) A request for the review of a trade agreement under
this section may be made only during--
``(A) the 30-day period beginning on each
anniversary of the effective date of the trade
agreement; and
``(B) the 30-day period ending on the 90th day
before the termination date of the trade agreement, if
the first day of such 30-day period occurs not less
than 180 days after the last occurring 30-day period
referred to in subparagraph (A).
``(3) The Trade Representative shall commence a review
under this section if the request--
``(A) is in writing;
``(B) includes information reasonably available to
the petitioner regarding the failure of the foreign
country to comply with the trade agreement;
``(C) identifies the economic interest of the
petitioner that is being adversely affected by the
failure referred to in subparagraph (B); and
``(D) describes the extent of the adverse effect.
``(4) If 2 or more requests are filed during any period
described in paragraph (2) regarding the same trade agreement,
all of such requests shall be joined in a single review of the
trade agreement.
``(c) Review.--
``(1) If 1 or more requests regarding any trade agreement
are received during any period described in subsection (b)(2),
then within 90 days after the last day of such period the Trade
Representative shall determine whether the foreign country is
in material compliance with the terms of the trade agreement.
``(2) In making a determination under paragraph (1), the
Trade Representative shall take into account--
``(A) the extent to which the foreign country has
adhered to the commitments it made to the United
States;
``(B) the extent to which that degree of adherence
has achieved the objectives of the agreement; and
``(C) any act, policy, or practice of the foreign
country, or other relevant factor, that may have
contributed directly or indirectly to material
noncompliance with the terms of the agreement.
The acts, policies, or practices referred to in subparagraph
(C) may include structural policies, tariff or nontariff
barriers, or other actions which affect compliance with the
terms of the agreement.
``(3) In conducting any review under para- graph (1), the
Trade Representative may, if the Trade Representative
considers such action necessary or appropriate--
``(A) consult with the Secretary of Commerce and
the Secretary of Agriculture;
``(B) seek the advice of the United States
International Trade Commission; and
``(C) provide opportunity for the presentation of
views by the public.
``(d) Action After Affirmative Determination.--
``(1) If, on the basis of the review carried out under
subsection (c), the Trade Representative determines that a
foreign country is not in material compliance with the terms of
a trade agreement, the Trade Representative shall determine
what action to take under section 301(a).
``(2) For purposes of section 301, any determination made
under subsection (c) shall be treated as a determination made
under section 304.
``(3) In determining what action to take under section
301(a), the Trade Representative shall seek to minimize the
adverse impact on existing business relations or economic
interests of United States persons, including products for
which a significant volume of trade does not currently exist.
``(e) International Obligations.--Nothing in this section may be
construed as requiring actions that are inconsistent with the
international obligations of the United States, including the General
Agreement on Tariffs and Trade.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Congressional Notification.--Section 309(3)(A) of the Trade Act
of 1974 (19 U.S.C. 2419(3)(A)) is amended by striking out ``section
302,'' and inserting ``sections 302 and 306A(c),''.
(b) Table of Contents.--The table of contents of the Trade Act of
1974 relating to chapter 1 of title III is amended by inserting after
the item relating to section 306 the following:
``Sec. 306A. Requests for review of foreign compliance.''. | Trade Agreements Compliance Act of 1993 - Amends the Trade Act of 1974 to authorize certain economically affected persons to request the U.S. Trade Representative (USTR) to review whether a foreign country is in material compliance with the terms of a bilateral trade agreement to which the United States is a party. Prescribes guidelines for such a review. Provides that nothing in this Act may be construed as requiring actions that are inconsistent with U.S. international obligations, including the General Agreement on Tariffs and Trade. | Trade Agreements Compliance Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshoring Prevention Act''.
SEC. 2. TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS
ATTRIBUTABLE TO IMPORTED PROPERTY.
(a) General Rule.--Subsection (a) of section 954 of the Internal
Revenue Code of 1986 is amended by striking the period at the end of
paragraph (5) and inserting ``, and'', by redesignating paragraph (5)
as paragraph (4), and by adding at the end the following new paragraph:
``(5) imported property income for the taxable year
(determined under subsection (j) and reduced as provided in
subsection (b)(5)).''.
(b) Definition of Imported Property Income.--Section 954 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(j) Imported Property Income.--
``(1) In general.--For purposes of subsection (a)(5), the
term `imported property income' means income (whether in the
form of profits, commissions, fees, or otherwise) derived in
connection with--
``(A) manufacturing, producing, growing, or
extracting imported property;
``(B) the sale, exchange, or other disposition of
imported property; or
``(C) the lease, rental, or licensing of imported
property.
Such term shall not include any foreign oil and gas extraction
income (within the meaning of section 907(c)) or any foreign
oil related income (within the meaning of section 907(c)).
``(2) Imported property.--For purposes of this subsection--
``(A) In general.--Except as otherwise provided in
this paragraph, the term `imported property' means
property which is imported into the United States by
the controlled foreign corporation or a related person.
``(B) Imported property includes certain property
imported by unrelated persons.--The term `imported
property' includes any property imported into the
United States by an unrelated person if, when such
property was sold to the unrelated person by the
controlled foreign corporation (or a related person),
it was reasonable to expect that--
``(i) such property would be imported into
the United States; or
``(ii) such property would be used as a
component in other property which would be
imported into the United States.
``(C) Exception for property subsequently
exported.--The term `imported property' does not
include any property which is imported into the United
States and which--
``(i) before substantial use in the United
States, is sold, leased, or rented by the
controlled foreign corporation or a related
person for direct use, consumption, or
disposition outside the United States; or
``(ii) is used by the controlled foreign
corporation or a related person as a component
in other property which is so sold, leased, or
rented.
``(D) Exception for certain agricultural
commodities.--The term `imported property' does not
include any agricultural commodity which is not grown
in the United States in commercially marketable
quantities.
``(3) Definitions and special rules.--
``(A) Import.--For purposes of this subsection, the
term `import' means entering, or withdrawal from
warehouse, for consumption or use. Such term includes
any grant of the right to use intangible property (as
defined in section 936(h)(3)(B)) in the United States.
``(B) United states.--For purposes of this
subsection, the term `United States' includes the
Commonwealth of Puerto Rico, the Virgin Islands of the
United States, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(C) Unrelated person.--For purposes of this
subsection, the term `unrelated person' means any
person who is not a related person with respect to the
controlled foreign corporation.
``(D) Coordination with foreign base company sales
income.--For purposes of this section, the term
`foreign base company sales income' shall not include
any imported property income.''.
(c) Separate Application of Limitations on Foreign Tax Credit for
Imported Property Income.--
(1) In general.--Paragraph (1) of section 904(d) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at
the end of subparagraph (A), by redesignating subparagraph (B)
as subparagraph (C), and by inserting after subparagraph (A)
the following new subparagraph:
``(B) imported property income, and''.
(2) Imported property income defined.--Paragraph (2) of
section 904(d) of such Code is amended by redesignating
subparagraphs (I), (J), and (K) as subparagraphs (J), (K), and
(L), respectively, and by inserting after subparagraph (H) the
following new subparagraph:
``(I) Imported property income.--The term `imported
property income' means any income received or accrued
by any person which is of a kind which would be
imported property income (as defined in section
954(j)).''.
(3) Conforming amendment.--Clause (ii) of section
904(d)(2)(A) of such Code is amended by inserting ``or imported
property income'' after ``passive category income''.
(d) Technical Amendments.--
(1) Clause (iii) of section 952(c)(1)(B) of the Internal
Revenue Code of 1986 is amended--
(A) by redesignating subclauses (II), (III), (IV),
and (V) as subclauses (III), (IV), (V), and (VI), and
(B) by inserting after subclause (I) the following
new subclause:
``(II) imported property income,''.
(2) The last sentence of paragraph (4) of section 954(b) of
such Code is amended by striking ``subsection (a)(5)'' and
inserting ``subsection (a)(4)''.
(3) Paragraph (5) of section 954(b) of such Code is amended
by striking ``and the foreign base company oil related income''
and inserting ``the foreign base company oil related income,
and the imported property income''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years of foreign corporations beginning after the date
of the enactment of this Act, and to taxable years of United States
shareholders within which or with which such taxable years of such
foreign corporations end. | Offshoring Prevention Act - Amends the Internal Revenue Code to include in foreign base company income, for purposes of determining the foreign trade income of controlled foreign corporations, imported property income. Defines "imported property income" as, with certain exceptions, income attributable to property manufactured outside of the United States and imported for sale into the United States. Provides for a separate application of limitations on the foreign tax credit for imported property income. | Offshoring Prevention Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Enforcement Act''.
SEC. 2. NO EFFECT ON RIGHTS AND LIABILITIES.
Nothing in this Act shall be construed to affect--
(1) the right of an individual or State to receive any
child support payment; or
(2) the obligation of an individual to pay child support.
SEC. 3. INCLUSION IN INCOME OF AMOUNT OF UNPAID CHILD SUPPORT PAYMENTS.
(a) In General.--Section 108 of the Internal Revenue Code of 1986
(relating to discharge of indebtedness income) is amended by adding at
the end the following new subsection:
``(h) Unpaid Child Support Payments.--
``(1) In general.--For purposes of this chapter, any
taxable unpaid child support payments of a taxpayer for any
taxable year shall be treated as amounts includible in gross
income of the taxpayer for the taxable year by reason of the
discharge of indebtedness of the taxpayer.
``(2) Taxable unpaid child support payments.--For purposes
of this subsection, the term `taxable unpaid child support
payments' means payments--
``(A) which were applicable child support payments
which the taxpayer was required to pay under a support
instrument for the support of a child of the taxpayer,
and
``(B) with respect to which the notice requirements
of paragraph (3) are met.
``(3) Notice requirements.--
``(A) In general.--During January of the second
calendar year following a calendar year in which there
begins a taxable year for which a deduction allowed
under section 166(f) was claimed, the eligible taxpayer
shall send a notice (in such form as the Secretary may
prescribe) to the individual who failed to make
payments which contains--
``(i) the amount of the applicable child
support payments for such taxable year, and
``(ii) notice that the individual is
required to include such amount in gross income
for the taxable year beginning in the preceding
calendar year.
``(B) Notice by secretary.--If notice cannot be
provided under subparagraph (A) because the address is
not known to the eligible taxpayer, the Secretary shall
send such notice if the address is available to the
Secretary.
``(C) Address unknown.--If notice cannot be
provided under subparagraph (A) or (B) because there is
no known address, no income shall be included in gross
income for any taxable year beginning before the
calendar year preceding the calendar year in which such
notice may be sent.
``(4) Subsequent payments.--If any payment required to be
included in gross income under paragraph (1) is subsequently
made, the amount of such payment shall be allowed as a
deduction for the taxable year in which such payment is made.
``(5) Definitions.--For purposes of this subsection, the
terms `applicable child support payments' and `eligible
taxpayer' have the meanings given such terms by section
166(f).''
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 4. ALLOWANCE OF BAD DEBT DEDUCTION FOR UNPAID CHILD SUPPORT
PAYMENTS.
(a) In General.--Section 166 of the Internal Revenue Code of 1986
(relating to deduction for bad debts) is amended by redesignating
subsection (f) as subsection (g) and by inserting after subsection (e)
the following new subsection:
``(f) Unpaid Child Support Payments.--
``(1) In general.--In the case of any eligible taxpayer who
has any applicable child support payments remaining unpaid as
of the close of the taxable year--
``(A) subsections (a) and (d) shall not apply to
such payments, and
``(B) there shall be allowed as a deduction for
such taxable year an amount equal to the amount of such
payments.
``(2) Per child limitation on deduction.--The aggregate
amount allowable as a deduction for any taxable year under
paragraph (1) with respect to any child for whom applicable
child support payments are required to be paid shall not exceed
$10,000.
``(3) Eligible taxpayer.--For purposes of this subsection,
the term `eligible taxpayer' means an individual--
``(A) whose adjusted gross income for the taxable
year does not exceed $50,000,
``(B) with respect to whom the amount of applicable
child support payments remaining unpaid as of the close
of the taxable year is equal to or greater than $500, and
``(C) who meets the identification requirements of
paragraph (5).
``(4) Applicable child support payment.--
``(A) In general.--The term `applicable child
support payment' means, with respect to any taxable
year of the eligible taxpayer--
``(i) any periodic payment of a fixed
amount, or
``(ii) any payment of a medical or
educational expense, insurance premium, or
other similar item,
which is required to be paid to such taxpayer during
such taxable year by an individual under a support
instrument meeting the requirements of paragraph (8)
for the support of any qualifying child of such
individual.
``(B) Qualifying child.--For purposes of this
paragraph, the term `qualifying child' means a child of
an eligible individual with respect to whom a deduction
is allowable under section 151 for the taxable year (or
would be so allowable but for paragraph (2) or (4) of
section 152(e)).
``(C) Payments must be delinquent for at least
entire year.--Any payment described in subparagraph (A)
which is required to be made by an individual to an
eligible taxpayer shall not be treated as an applicable
unpaid child support payment if at least half of the
payments which are required to be paid to the eligible
taxpayer during the 12-month period ending on the last
day of the taxable year are paid. In the case of the
1st taxable year to which this subsection applies to
payments from any individual, the preceding sentence
shall be applied by substituting `24-month' for `12-
month'.
``(D) Coordination with tanf.--The term `applicable
child support payment' shall not include any amount the
right to which is described in section 408(a)(3) of the
Social Security Act and which has been assigned to a
State.
``(5) Identification requirements.--The requirements of
this paragraph are met if the eligible taxpayer includes on the
return claiming the deduction under this subsection the name,
address, and taxpayer identification number of--
``(A) each child with respect to whom child support
payments to which this subsection applies are required
to be paid, and
``(B) the individual who was required to make such
child support payments.
In the case of a failure to provide the information under
subparagraph (B), the preceding sentence shall not apply if the
eligible taxpayer certifies that any such information is not
known.
``(6) Cost-of-living adjustments.--In the case of any
taxable year beginning after 2000, the $10,000 amount in
paragraph (2), the $50,000 amount in paragraph (3)(A), and the
$500 amount in paragraph (3)(B) shall each be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins by substituting `calendar year
1999' for `calendar year 1992' in subparagraph (B)
thereof.
``(7) Subsequent payments.--If any payment with respect to
which a deduction was allowed under paragraph (1) is
subsequently made, such payment shall be included in gross
income of the eligible taxpayer for the taxable year in which
paid. This paragraph shall not apply to any amount if an
individual has assigned the right to receive such amount to a
State (and the State does not pay such amount to such
individual).
``(8) Support instrument.--For purposes of this subsection,
a support instrument meets the requirements of this paragraph
if it is--
``(A) a decree of divorce or separate maintenance
or a written instrument incident to such a decree,
``(B) a written separation agreement, or
``(C) a decree (not described in subparagraph (A))
of a court or administrative agency requiring a parent
to make payments for the support or maintenance of 1 or
more children of such parent.''
(b) Deduction for Nonitemizers.--Section 62(a) of such Code is
amended by inserting after paragraph (17) the following new paragraph:
``(18) Unpaid child support payments.--The deduction
allowed by section 166(f).''
(c) Conforming Amendment.--Section 166(d)(2) of such Code is
amended by striking ``or'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ``, or'' and by
adding at the end thereof the following new subparagraph:
``(C) a debt which is an applicable child support
payment under subsection (f).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 5. REDUCTION OF FEDERAL DEBT.
Net revenues received in the Treasury pursuant to this Act shall be
applied, as provided in appropriation Acts, solely to the retirement of
outstanding public debt obligations of the United States and may not be
obligated or expended for any other purpose, notwithstanding any other
provision of law that does not specifically refer to this section. | Child Support Enforcement Act - Prohibits construing this Act to affect: (1) the right of an individual or State to receive child support payments; or (2) the obligation of an individual to pay child support.
Amends the Internal Revenue Code to require that taxable child support payments the taxpayer is required to pay and that are unpaid be treated as included in gross income by reason of discharge of indebtedness.
Allows a taxpayer entitled to receive such payments a deduction for unpaid payments. Allows the deduction for those who do not itemize deductions.
Requires that net revenues received in the Treasury under this Act be applied, as provided in appropriations Acts, solely to the retirement of outstanding public debt. | Child Support Enforcement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Testing Fairness Act of
2003''.
SEC. 2. AMENDMENTS REGARDING ADEQUATE YEARLY PROGRESS AND ASSESSMENTS.
(a) Continuous Growth Models.--Clause (iii) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended by striking ``for all students'' and
inserting ``for all students, as demonstrated by measures of students'
progress toward proficiency, including longitudinal growth''.
(b) Averaging Procedure.--Subparagraph (J) of section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended by adding at the end the following:
``(iv) The State may average data by other
means that are designed to increase the
stability of school-building results from year
to year.''.
(c) Adequate Yearly Progress by Group and Subject.--Section 1116(b)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)) is amended--
(1) in subparagraph (A) of paragraph (1), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``that fails, for 2 consecutive
years,'';
(2) in paragraph (5), by inserting ``with respect to the
performance of a particular group of students described in
section 1111(b)(2)(C)(v) in the same academic subject,'' after
``that fails to make adequate yearly progress,'';
(3) in subparagraph (C) of paragraph (7), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``that fails to make adequate yearly
progress,''; and
(4) in subparagraph (A) of paragraph (8), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``continues to fail to make adequate
yearly progress,''.
(d) Multiple Measures.--Subparagraph (A) of section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended--
(1) at the end of clause (ii), by striking ``and'';
(2) at the end of clause (iii), by striking the period and
inserting ``; and''; and
(3) at the end, by adding the following:
``(iv) include multiple measures of student
academic achievement, such as the proportion of
State report card indicators met, a performance
index score, student drop-out rate, and a
measure based on individual student achievement
gains over time, disaggregated by each of the
groups of students described in subparagraph
(C)(v).''.
(e) Cut Scores.--Clause (ii) of section 1111(b)(1)(D) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(1)(D)) is amended--
(1) in subclause (II), by striking ``and'' at the end;
(2) in subclause (III), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(IV) take into consideration the
continuum of achievement by children
within the advanced, proficient, and
basic levels of achievement described
in subclauses (II) and (III) and the
yearly progress by children within such
continuum.''.
(f) No First Score Requirement.--Clause (iv) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended--
(1) by striking ``(iv) measures'' and inserting ``(iv)(I)
measures'';
(2) by inserting ``and'' after ``in paragraph (3);''; and
(3) by adding at the end the following:
``(II) if a student takes an assessment
described in paragraph (3) for a particular
subject or grade level more than once, may use,
at the State's discretion, the student's
results from subsequent administrations of the
assessment;''.
(g) Limiting Transfer Options and Supplemental Services to Students
From Failing Groups.--Section 1116 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316) is amended--
(1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and
(8)(A)(i) of subsection (b), by striking the term ``all
students enrolled in the school'' each place such term appears
and inserting ``all students enrolled in the school, who are
members of a group described in section 1111(b)(2)(C)(v) that
fails to make adequate yearly progress as defined in the
State's plan under section 1111(b)(2),'';
(2) in clause (vii) of subsection (c)(10)(C), by inserting
``, who are members of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2),'' after
``Authorizing students''; and
(3) in subparagraph (A) of subsection (e)(12), by inserting
``, who is a member of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2)'' after
``under section 1113(c)(1)''.
(h) Assessments.--Clause (ii) of section 1111(b)(3)(C) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(3)(C)) is amended to read as follows:
``(ii) be aligned with the State's
challenging academic content and student
academic achievement standards, be aligned with
curriculum and instruction to adequately assess
the effect of curriculum and instruction on
each such challenging academic content
standard, include individual test items (based
on technical criteria) that enable students to
achieve the items if the students received
appropriate instruction, and provide coherent
information about student attainment of the
State's challenging academic content and
student academic achievement standards;''.
(i) Assessing Students With Disabilities.--Clause (ix) of section
1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(3)(C)) is amended--
(1) in subclause (II), by striking ``and'' at the end;
(2) in subclause (III), by inserting ``and'' at the end;
and
(3) by adding at the end the following:
``(IV) at the discretion of the
State, the assessment of students with
disabilities (as defined in section
602(3) of the Individuals with
Disabilities Education Act) whose
instructional level in the core
academic subjects is below the grade
level in which the student is enrolled,
by using the State assessment
determined by the student's
individualized education program team
(as described in section 614(d)(1)(B)
of the Individuals with Disabilities
Education Act) to most closely
correspond to the student's
instructional level;''.
(j) Students With Limited English Proficiency.--Paragraph (2) of
section 1111(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)) is amended by adding at the end the following:
``(L) Students with limited english proficiency.--
Notwithstanding subparagraph (C)(v), a State may define
adequate yearly progress under subparagraph (C) in a
manner that measures the progress of students with
limited English proficiency--
``(i) by continuing to include in a group
of students described in subparagraph (C)(v)
students who attain proficiency in English; and
``(ii) by excluding the performance of
students with limited English proficiency who
have resided in the United States for less than
3 years, so as to avoid any distortion in
measurement resulting from the new arrivals of
such students. ''.
(k) Separate Starting Points.--Subparagraph (E) of section
1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended by striking ``, using data
for the 2001-2002 school year,'' and inserting ``, for each group of
students described in subparagraph (C)(v),''.
(l) Minimum Number of Students With Disabilities for Statistically
Reliable Information.--The matter following subclause (II) in section
1111(b)(2)(C)(v) is amended by inserting ``, and a State may determine
that such number for a group of students with disabilities is greater
than for other groups of students described in this clause'' after
``information about any individual student''. | Student Testing Fairness Act of 2003 - Amends the Elementary and Secondary Education Act of 1965 to revise certain requirements regarding student assessments and adequate yearly progress which were added by the No Child Left Behind Act. | To amend part A of title I of the Elementary and Secondary Education Act of 1965 regarding adequate yearly progress and assessments. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minority Serving Institutions for
Advanced Technology and Education Act''.
SEC. 2. PURPOSES.
The purposes of the program under this Act are to--
(1) strengthen the ability of eligible institutions to
provide capacity for instruction in digital and wireless
network technologies; and
(2) strengthen the national digital and wireless
infrastructure by increasing national investment in
telecommunications and technology infrastructure at eligible
institutions.
SEC. 3. DEFINITION OF ELIGIBLE INSTITUTION.
In this Act, the term ``eligible institution'' means an institution
that is--
(1) a historically Black college or university that is a
part B institution, as defined in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061);
(2) a Hispanic-serving institution, as defined in section
502(a) of such Act;
(3) a Tribal College or University, as defined in section
316(b) of such Act (20 U.S.C. 1059c(b));
(4) an Alaska Native-serving institution, as defined in
section 317(b) of such Act (20 U.S.C. 1059d(b));
(5) a Native Hawaiian-serving institution, as defined in
section 317(b) of such Act (20 U.S.C. 1059d(b)); or
(6) an institution determined by the Secretary to have
enrolled a substantial number of minority, low-income students
during the previous academic year who received a Federal Pell
Grant for that year.
SEC. 3A. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Education.
SEC. 4. MINORITY SERVING INSTITUTIONS FOR ADVANCED TECHNOLOGY AND
EDUCATION.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants, on a competitive basis, to eligible institutions to
enable the eligible institutions to carry out the activities
described in subsection (d).
(2) Grant period.--The Secretary may award a grant to an
eligible institution under this Act for a period of not more
than 5 years.
(b) Application and Review Procedure.--
(1) In general.--To be eligible to receive a grant under
this Act, an eligible institution shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require. The
application shall include--
(A) a program of activities for carrying out 1 or
more of the purposes described in section 2; and
(B) such other policies, procedures, and assurances
as the Secretary may require by regulation.
(2) Regulations.--After consultation with appropriate
individuals with expertise in technology and education, the
Secretary shall establish a procedure by which to accept and
review such applications and publish an announcement of such
procedure, including a statement regarding the availability of
funds, in the Federal Register.
(3) Application review criteria.--The application review
criteria used by the Secretary for grants under this Act shall
include consideration of--
(A) demonstrated need for assistance under this
Act; and
(B) diversity among the types of eligible
institutions receiving assistance under this Act.
(c) Matching Requirement.--
(1) In general.--An eligible institution that receives a
grant under this Act shall agree that, with respect to the
costs to be incurred by the institution in carrying out the
program for which the grant is awarded, such institution will
make available (directly or through donations from public or
private entities) non-Federal contributions in an amount equal
to 25 percent of the amount of the grant awarded by the
Secretary, or $500,000, whichever is the lesser amount.
(2) Waiver.--The Secretary shall waive the matching
requirement for any eligible institution with no endowment, or
an endowment that has a current dollar value as of the time of
the application of less than $50,000,000.
(d) Uses of Funds.--An eligible institution shall use a grant
awarded under this Act--
(1) to acquire equipment, instrumentation, networking
capability, hardware and software, digital network technology,
wireless technology, and infrastructure;
(2) to develop and provide educational services, including
faculty development, related to science, technology,
engineering, and mathematics;
(3) to provide teacher preparation and professional
development, library and media specialist training, and early
childhood educator and teacher aide certification or licensure
to individuals who seek to acquire or enhance technology skills
in order to use technology in the classroom or instructional
process to improve student achievement;
(4) to form consortia or collaborative projects with a
State, State educational agency, local educational agency,
community-based organization, national nonprofit organization,
or business, including a minority business, to provide
education regarding technology in the classroom;
(5) to provide professional development in science,
technology, engineering, or mathematics to administrators and
faculty of eligible institutions with institutional
responsibility for technology education;
(6) to provide capacity-building technical assistance to
eligible institutions through remote technical support,
technical assistance workshops, distance learning, new
technologies, and other technological applications; and
(7) to foster the use of information communications
technology to increase scientific, technological, engineering,
and mathematical instruction and research.
(e) Data Collection.--An eligible institution that receives a grant
under this Act shall provide the Secretary with any relevant
institutional statistical or demographic data requested by the
Secretary.
(f) Information Dissemination.--The Secretary shall convene an
annual meeting of eligible institutions receiving grants under this Act
for the purposes of--
(1) fostering collaboration and capacity-building
activities among eligible institutions; and
(2) disseminating information and ideas generated by such
meetings.
(g) Limitation.--An eligible institution that receives a grant
under this Act that exceeds $2,500,000 shall not be eligible to receive
another grant under this Act until every other eligible institution
that has applied for a grant under this Act has received such a grant.
SEC. 5. ANNUAL REPORT AND EVALUATION.
(a) Annual Report Required From Recipients.--Each eligible
institution that receives a grant under this Act shall provide an
annual report to the Secretary on the eligible institution's use of the
grant.
(b) Evaluation by Secretary.--The Secretary shall--
(1) review the reports provided under subsection (a) each
year; and
(2) evaluate the program authorized under this Act on the
basis of those reports every 2 years.
(c) Contents of Evaluation.--The Secretary, in the evaluation under
subsection (b), shall--
(1) describe the activities undertaken by the eligible
institutions that receive grants under this Act; and
(2) assess the short-range and long-range impact of
activities carried out under the grant on the students,
faculty, and staff of the institutions.
(d) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit a report on the
program supported under this Act to the authorizing committees that
shall include such recommendations, including recommendations
concerning the continuing need for Federal support of the program, as
may be appropriate.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal year 2008 and each of the 5
succeeding fiscal years. | Minority Serving Institutions for Advanced Technology and Education Act - Authorizes the Secretary of Education to make competitive grants to eligible institutions for specified activities, including: (1) acquiring equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure; (2) developing and providing educational services, including faculty development, related to science, technology, engineering, and mathematics; (3) providing technology-related training for teachers, library and media specialists, early childhood educators, and teacher aides; and (4) forming technology-related consortia or collaborative projects. Defines "eligible institution" as a historically Black college or university, a Hispanic-serving institution, a Tribal College or University, an Alaska Native-serving institution, a Native Hawaiian-serving institution, or an institution with a substantial number of minority, low-income students who received a federal Pell grant for the previous academic year. Requires the Secretary to convene an annual meeting of grant recipients to foster collaboration and capacity-building activities and to disseminate information and ideas generated by the meetings. | A bill to establish a digital and wireless network technology program, and for other purposes. |
SECTION 1. STATE IMPLEMENTATION PLANS.
(a) Submission of Plans.--Each State shall, after reasonable notice
and public hearings, adopt and submit to the Administrator of the
Environmental Protection Agency (referred to in this Act as the
``Administrator''), within one year after the enactment of this Act, a
3-year plan implementation plan to achieve each of the following:
(1) Increased recycling by at least 75 percent over the 3-
year period.
(2) Water source pollution reduction.
(3) The restriction of landfill dumping to materials that
are not recyclable or combustible.
(4) The phasing out of incineration of solid waste within 4
years and 6 months after the enactment of this Act.
(b) Procedures.--Each implementation plan submitted by a State
under this Act shall be adopted by the State after reasonable notice
and public hearing. No such plan may be implemented by the State until
approved by the Administrator under this Act. Each such plan shall--
(1) include enforceable limitations and other control
measures, means, or techniques, as well as schedules and
timetables for compliance, as may be necessary or appropriate
to meet the applicable requirements of this Act;
(2) provide for establishment and operation of appropriate
devices, methods, systems, and procedures necessary to--
(A) monitor, compile, and analyze data on
compliance with this Act; and
(B) make such data available to the Administrator;
(3) include a program to provide for the enforcement of the
measures described in paragraph (1);
(4) provide for revision of such plan whenever the
Administrator finds on the basis of information available to
the Administrator that the plan is inadequate to comply with
the requirements established under this Act; and
(5) provide for consultation and participation by local
political subdivisions affected by the plan.
(c) Environmental Protection Agency Action on Plan Submissions.--
(1) Completeness of plan submissions.--
(A) Completeness criteria.--Within 6 months after
the date of the enactment of this Act, the
Administrator shall promulgate minimum criteria that
any plan submission must meet before the Administrator
is required to act on such submission under this
subsection. The criteria shall be limited to the
information necessary to enable the Administrator to
determine whether the plan submission complies with the
provisions of this Act.
(B) Completeness finding.--Within 6 months after
the Administrator's receipt of a plan or plan revision
under this Act, the Administrator shall determine
whether the plan or revision complies with this Act and
approve or reject the plan or plan revision. If the
plan is approved, the State shall begin implementation
immediately. If the plan is rejected, the Environmental
Protection Agency will inform the State why the plan
was rejected. That State then has 3 months to submit a
new plan.
(C) Effect of finding of incompleteness.--Where the
Administrator determines that any part of a plan
submission meets the requirements of this Act and
approves such part and disapproves the plan in part,
the State shall immediately implement the approved part
or parts and submit a revised plan respecting the
remaining parts within 3 months after the date of the
Administrator's disapproval.
(2) Deadline for action.--Within 12 months of a
determination by the Administrator (or a determination deemed
by operation of law) under paragraph (1) that a State has
submitted a plan or plan revision (or, in the Administrator's
discretion, part thereof) that meets the minimum criteria
established pursuant to paragraph (1), if applicable (or, if
those criteria are not applicable, within 12 months of
submission of the plan or revision), the Administrator shall
act on the submission in accordance with paragraph (3).
(3) Full and partial approval and disapproval.--In the case
of any submittal on which the Administrator is required to act
under paragraph (2), the Administrator shall approve such
submittal as a whole if it meets all of the applicable
requirements of this Act. If a portion of the plan revision
meets all the applicable requirements of this Act, the
Administrator may approve the plan revision in part and
disapprove the plan revision in part. The plan revision shall
not be treated as meeting the requirements of this Act until
the Administrator approves the entire plan revision as
complying with the applicable requirements of this Act.
(4) Conditional approval.--The Administrator may approve a
plan revision based on a commitment of the State to adopt
specific enforceable measures by a date certain, but not later
than 1 year after the date of approval of the plan revision.
Any such conditional approval shall be treated as a disapproval
if the State fails to comply with such commitment.
(5) Calls for plan revisions.--Whenever the Administrator
finds that the applicable implementation plan for any area is
substantially inadequate to comply with any requirement of this
Act, the Administrator shall require the State to revise the
plan as necessary to correct such inadequacies. The
Administrator shall notify the State of the inadequacies, and
may establish reasonable deadlines (not to exceed 6 months
after the date of such notice) for the submission of such plan
revisions. Such findings and notice shall be public.
(6) Corrections.--Whenever the Administrator determines
that the Administrator's action approving, disapproving, or
promulgating any plan or plan revision (or part thereof) was in
error, the Administrator may in the same manner as the
approval, disapproval, or promulgation revise such action as
appropriate without requiring any further submission from the
State. Such determination and the basis thereof shall be
provided to the State and public.
(d) Plan Revisions.--Each revision to an implementation plan
submitted by a State under this Act shall be adopted by such State
after reasonable notice and public hearing. The Administrator shall not
approve a revision of a plan if the revision would not comply with any
applicable requirement of this Act.
(e) Sanctions.--The Administrator may apply any of the sanctions
listed in section 2 whenever the Administrator makes a finding,
disapproval, or determination under section 2(a) in relation to any
plan.
(f) Federal Implementation Plans.--The Administrator shall
promulgate a Federal implementation plan at any time within 2 years
after the Administrator--
(1) finds that a State has failed to make a required
submission or finds that the plan or plan revision submitted by
the State does not satisfy the minimum criteria established
under this Act; or
(2) disapproves a State implementation plan submission in
whole or in part,
unless the State corrects the deficiency, and the Administrator
approves the plan or plan revision, before the Administrator
promulgates such Federal implementation plan.
SEC. 2. SANCTIONS.
(a) State Failure.--For any implementation plan or plan revision
required under this part or required in response to a finding of
substantial inadequacy as described in section 1, if the
Administrator--
(1) finds that a State has failed to submit a plan, or to
submit 1 or more of the elements (as determined by the
Administrator) required by the provisions of this Act;
(2) disapproves in whole or in part a plan submission under
section 1; and
(3) finds that any requirement of an approved plan (or
approved part of a plan) is not being implemented,
unless such deficiency has been corrected within 18 months after the
finding, disapproval, or determination referred to in paragraphs (1),
(2), and (3), the sanctions referred to in subsection (b) shall apply
until the Administrator determines that the State has come into
compliance.
(b) Sanctions.--(1) The Administrator may impose a prohibition,
applicable to a State, on the approval by the Secretary of
Transportation of any projects or the awarding by the Secretary of any
grants, under title 23, United States Code, other than projects or
grants for safety where the Secretary determines, based on accident or
other appropriate data submitted by the State, that the principal
purpose of the project is an improvement in safety to resolve a
demonstrated safety problem and likely will result in a significant
reduction in, or avoidance of, accidents. Such prohibition shall become
effective upon the selection by the Administrator of this sanction.
(2) In addition to safety, projects or grants that may be approved
by the Secretary, notwithstanding the prohibition in paragraph (1), are
the following--
(A) capital programs for public transit;
(B) construction or restriction of certain roads or lanes
solely for the use of passenger buses or high occupancy
vehicles;
(C) highway ramp metering, traffic signalization, and
related programs that improve traffic flow;
(D) fringe and transportation corridor parking facilities
serving multiple occupancy vehicle programs or transit
operations;
(E) programs to limit or restrict vehicle use in downtown
areas or other areas of emission concentration particularly
during periods of peak use, through road use charges, tolls,
parking surcharges, or other pricing mechanisms, vehicle
restricted zones or periods, or vehicle registration programs;
and
(F) programs for breakdown and accident scene management,
nonrecurring congestion, and vehicle information systems, to
reduce congestion.
SEC. 3. INCENTIVES.
(a) Grant Program.--The Administrator is authorized to make grants
to each State that phases out the incineration of solid waste prior to
the deadline established under this Act. Such grants are to be used for
the purpose of finding alternative, environmental friendly means of
sold waste disposal. The Administrator may make grants under this
subsection in the amount of--
(1) $60,000,000 to States that phase out the incineration
of solid waste within 1 year after the enactment of this Act;
(2) $40,000,000 to States that phase out the incineration
of solid waste within 2 years after the enactment of this Act;
and
(3) $25,000,000 to States that phase out the incineration
of solid waste within 3 years after the enactment of this Act
(b) Interstate Waste Authority.--On the date that a State phases
out the incineration of solid waste, such State shall have the
authority to limit or restrict the importation of solid waste in such
State. | Authorizes the Administrator to impose a prohibition on the approval by the Secretary of Transportation of certain highway projects or awarding of highway grants applicable to a State that fails to submit a plan, has a plan submission disapproved, or fails to implement a requirement of an approved plan.
Permits the Administrator to make grants to each State that phases out the incineration of solid waste prior to the deadline established under this Act. Requires such grants to be used for purposes of finding alternative, environmentally friendly means of solid waste disposal.
Grants a State the authority to limit or restrict the importation of solid waste on the date the State phases out solid waste incineration. | To phase out the incineration of solid waste, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Detectives Nemorin and Andrews Anti-
Gun Trafficking Act of 2008''.
SEC. 2. ILLEGAL GUN TRAFFICKING.
Section 924 of title 18, United States Code, is amended by adding
at the end the following:
``(q) Whoever, in or affecting interstate or foreign commerce in
violation of subsection (a)(1)(A), (a)(3), (a)(6), (b)(2), (b)(3),
(b)(5), (d), (g), (i), (j), (k), (m), or (n) of section 922 or
subsection (c) or (h) of this section--
``(1) offers for sale, transfer, or barter 2 or more
firearms, at least 2 of which are handguns, semiautomatic
assault weapons, short-barreled shotguns, short-barreled
rifles, or machineguns; and
``(2) at least 1 of the firearms--
``(A) is transported, received, or possessed by the
person, and--
``(i) is stolen; or
``(ii) has had the importer's or
manufacturer's serial number removed,
obliterated, or altered; or
``(B) is offered by the person for sale, transfer,
or barter to another person who--
``(i) is prohibited from possessing a
firearm under subsection (g) or (n) of section
922;
``(ii) is prohibited by State law from
possessing a firearm;
``(iii) has not attained 18 years of age,
except as otherwise allowed under Federal or
State law;
``(iv) is in a school zone; or
``(v) has travelled from any State into any
other State, and acquires or attempts to
acquire the firearm otherwise in violation of
Federal or State law,
shall be fined under this title, imprisoned not more than 20 years, or
both.''.
SEC. 3. EXPANSION OF PROJECT SAFE NEIGHBORHOODS.
Section 104 of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273) is amended--
(1) in subsection (a), by inserting ``, illegal gun
trafficking,'' after ``violence'' ; and
(2) in subsection (b), by striking ``2002'' and inserting
``2008''.
SEC. 4. REPORT TO THE CONGRESS.
Beginning in calendar year 2008, the Attorney General shall submit
biennially to the Congress a written report, covering the preceding 2
years, which specifies--
(1) the State of origin for each firearm, used in a crime,
that was traced by the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, and the State in which the firearm was
recovered;
(2) the total number of firearms so traced, by
manufacturer, model, and type of firearm;
(3) the name of Federal firearms licensees who have had
more than 5 firearms, used in a crime, traced back to them in a
single year; and
(4) the number of prosecutions for each individual offense
under sections 922, 923, and 924 of title 18, United States
Code.
SEC. 5. ADDITIONAL PENALTY FOR POSSESSION OF A STOLEN FIREARM DURING
THE COMMISSION OF A FELONY.
Section 924 of title 18, United States Code, as amended by section
2 of this Act, is amended by adding at the end the following:
``(r) Whoever, during and in relation to the commission of a crime
punishable by imprisonment for a term exceeding 1 year, receives,
possesses, conceals, barters, sells, or disposes of any stolen firearm
or stolen ammunition, in or affecting interstate or foreign commerce,
whether or not the person is aware that the firearm or ammunition is
stolen, shall, in addition to the punishment provided for the crime so
punishable, be sentenced to a term of imprisonment of not more than 5
years.''.
SEC. 6. NATIONAL CRIME INFORMATION CENTER STOLEN GUN FILE.
(a) Availability.--The Federal Bureau of Investigation shall make
available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives
the National Crime Information Center Gun File for the purpose of
enabling the Bureau of Alcohol, Tobacco, Firearms, and Explosives to
access the file while completing a crime gun trace.
(b) Use.--The Bureau of Alcohol, Tobacco, Firearms, and Explosives
shall conduct a search of the National Crime Information Center Stolen
Gun File with respect to each firearm submitted to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives for tracing.
(c) Notification Regarding Stolen Firearms.--If a law enforcement
agency requests the Bureau of Alcohol, Tobacco, Firearms, and
Explosives to trace a firearm, and the National Crime Information
Center Stolen Gun File indicates that the firearm is stolen, then the
Bureau of Alcohol, Tobacco, Firearms, and Explosives shall notify the
law enforcement agency of that information and provide the law
enforcement agency with any available information regarding the owner
of the firearm.
(d) Return of Stolen Firearms Possessed by BATFE.--If the Bureau of
Alcohol, Tobacco, Firearms, and Explosives possesses a firearm which
the National Crime Information Center Stolen Gun File indicates is
stolen, the Bureau shall return the firearm to the person who reported
the firearm stolen, when the Bureau determines that--
(1) the firearm is no longer needed for Federal, State, or
local criminal investigation or evidentiary purposes; and
(2) the person is entitled to possess the firearm.
(e) National Instant Stolen Gun Check System.--
(1) Establishment.--Within 2 years after the date of the
enactment of this Act, the Attorney General shall establish a
national instant stolen gun check system that any licensee may
contact, by telephone or other electronic means, for
information to be supplied immediately on whether a firearm to
be received by the licensee is stolen.
(2) Instant check of status of firearms to be transferred
to certain federal firearms licensees by non-licensees.--If the
national instant stolen gun check system is contacted by a
licensee for information on whether a firearm to be received by
the licensee is stolen, the system shall, as soon as is
practicable--
(A) conduct a search of the National Crime
Information Center Stolen Gun File for information
about the firearm; and
(B) inform the licensee whether the information
available to the system indicates that the firearm is
stolen.
(3) Notification of licensees.--On establishment of the
national instant stolen gun check system under this subsection,
the Attorney General shall notify each licensee and the chief
law enforement officer of each State of the existence and
purpose of the system and the means to be used to contact the
system.
(4) Permanent retention of records.--The national instant
stolen gun check system shall create and maintain permanently a
record of each contact of the system, and all information
provided to or by the system during the contact.
(5) Definitions.--In this section:
(A) Licensee.--The term ``licensee'' means a
licensed dealer (as defined in section 921(a)(11) of
title 18, United States Code), licensed importer (as
defined in section 921(a)(9) of such title), or
licensed manufacturer (as defined in section 921(a)(10)
of such title).
(B) Firearm.--The term ``firearm'' has the meaning
given in section 921(a)(3) of title 18, United States
Code.
(f) Federal Firearms Licensee Required To Contact National Instant
Stolen Gun Check System Before Receiving Firearm From Non-Licensee.--
(1) In general.--Section 922(s) of title 18, United States
Code, is amended to read as follows:
``(s)(1) Beginning on the date that is 30 days after the Attorney
General notifies licensees under section 6(e)(3) of the Detectives
Nemorin and Andrews Anti-Gun Trafficking Act of 2008 that the national
instant stolen gun check system is established, a licensed importer,
licensed manufacturer, or licensed dealer shall not receive a firearm
from any person who is not licensed under this chapter, unless--
``(A) the licensee has verified the identity of the person
by examining a valid identification document (as defined in
section 1028(d) of this title) of the person that satisfies the
requirements of section 202 of the REAL ID Act of 2005;
``(B) the licensee has contacted the national instant
stolen gun check system established under subsection (e) of
such section 6, and provided the system with--
``(i) the name and address of the person;
``(ii) a description of the identification document
referred to in subparagraph (A) of this paragraph,
including the number appearing on the document; and
``(iii) the name of the manufacturer, and the
caliber and serial number, of the firearm; and
``(C)(i) the system has provided the licensee with a unique
identification number; or
``(ii) 3 business days (meaning a day on which State
offices are open) have elapsed since the licensee contacted the
system, and the system has not notified the licensee that the
firearm is stolen.
``(2) If the system determines that the information available to
the system does not indicate that the firearm is stolen, the system
shall--
``(A) assign a unique identification number to the
transaction; and
``(B) provide the licensee with the number.
``(3) If the system notifies the licensee that the information
available to the system indicates that the firearm is stolen, the
licensee shall contact the Bureau of Alcohol, Tobacco, Firearms, and
Explosives or another law enforcement agency having jurisdiction over
possession of stolen firearms in the dealer's location and shall comply
with the instructions of any such agency concerning the disposition of
the firearm, the gathering of information relating to the offeror of
the firearm, and other assistance in the removal of the firearm from
the stream of commerce.
``(4) If the licensee knowingly receives the firearm from the
person and knowingly fails to comply with paragraph (1) with respect to
the receipt and, at the time of the receipt, the system was operating
and information was available to the system indicating that the firearm
was stolen, the Attorney General may, after notice and opportunity for
a hearing, suspend for not more than 6 months or revoke any license
issued to the licensee under section 923, and may impose on the
licensee a civil fine of not more than $5,000.
``(5)(A) This subsection shall not be interpreted to limit any
exercise of authority under subsection (d)(1)(C) or (e) of section 923.
``(B) In the event of a conflict between the provisions of this
subsection and a rule or regulation issued under section 923(j), the
provisions of this subsection shall control.''.
(2) Recordkeeping requirement.--Section 923(g)(1)(A) of
such title is amended by inserting after the 1st sentence the
following: ``In the case of the receipt of a firearm pursuant
to section 922(s), in addition to the requirements of such
regulations, the importer, manufacturer, or dealer shall retain
a record of the information described in section 922(s)(1)(B),
a copy of the identification document referred to in section
922(s)(1)(A), and a record of the unique identification number
provided to the licensee pursuant to section 922(s)(1)(C), with
respect to the transaction.''.
SEC. 7. ADDITIONAL PENALTY FOR POSSESSION OF A FIREARM WITH AN
OBLITERATED SERIAL NUMBER DURING THE COMMISSION OF A
FELONY.
Section 924 of title 18, United States Code, as amended by sections
2 and 5 of this Act, is amended by adding at the end the following:
``(s) Whoever, during and in relation to the commission of a crime
punishable by imprisonment for a term exceeding 1 year, transports,
possesses, or receives, in or affecting interstate or foreign commerce,
a firearm which has had the importer's or manufacturer's serial number
removed, obliterated, or altered, regardless of whether or not the
person is aware of the removal, obliteration, or alteration, shall, in
addition to the punishment provided for the crime so punishable, be
sentenced to a term of imprisonment of not more than 5 years.''.
SEC. 8. ENHANCED PENALTIES FOR THE USE OF A STOLEN FIREARM OR A FIREARM
WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION
OF A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.
Section 924(c)(1)(A) of title 18, United States Code, is amended--
(1) in clause (i), by inserting ``, or if the firearm was
stolen or had the manufacturer's serial number removed,
obliterated, or altered, not less than 7 years'' after
``years'';
(2) in clause (ii), by inserting ``, or if the firearm was
stolen or had the manufacturer's serial number removed,
obliterated, or altered, not less than 9 years'' after
``years''; and
(3) in clause (iii), by inserting ``, or if the firearm was
stolen or had the manufacturer's serial number removed,
obliterated, or altered, not less than 12 years'' after
``years''. | Detectives Nemorin and Andrews Anti-Gun Trafficking Act of 2008 - Amends the federal criminal code to: (1) impose a fine and/or prison term of up to 20 years for the sale, transfer, or barter of a stolen firearm or a firearm with an altered serial number or for the sale of such firearms to persons prohibited from possessing them; (2) impose an additional five-year prison term for possession of a stolen or altered firearm during the commission of a felony; (3) require licensed firearms importers, manufacturers, or dealers to contact the national instant stolen gun check system before receiving firearms from any unlicensed person; and (4) increase criminal penalties for the use of a stolen or altered firearm during the commission of a crime of violence or drug trafficking crime.
Amends the 21st Century Department of Justice Appropriations Authorization Act to: (1) include illegal gun trafficking in Department of Justice (DOJ) programs to combat violations of federal firearms laws; and (2) authorize appropriations for FY2008 to hire additional assistant U.S. attorneys.
Directs the Federal Bureau of Investigation (FBI) to make the National Crime Information Center Gun File available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to complete crime gun traces. Requires the ATF to: (1) notify law enforcement agencies of information relating to stolen firearms; and (2) return stolen firearms to persons who reported them as stolen.
Requires the Attorney General to establish a national instant stolen gun check system. | To combat illegal gun trafficking, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Learning Assessment
for Students and Schools (CLASS) Act''.
SEC. 2. AMENDMENTS REGARDING ADEQUATE YEARLY PROGRESS AND ASSESSMENTS.
(a) Continuous Growth Models.--Clause (iii) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended by striking ``for all students'' and
inserting ``for all students, as demonstrated by measures of students'
progress toward proficiency, including longitudinal growth''.
(b) Averaging Procedure.--Subparagraph (J) of section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended by adding at the end the following:
``(iv) The State may average data by other
means that are designed to increase the
stability of school-building results from year
to year.''.
(c) Adequate Yearly Progress by Group and Subject.--Section 1116(b)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)) is amended--
(1) in subparagraph (A) of paragraph (1), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``that fails, for 2 consecutive
years,'';
(2) in paragraph (5), by inserting ``with respect to the
performance of a particular group of students described in
section 1111(b)(2)(C)(v) in the same academic subject,'' after
``that fails to make adequate yearly progress,'';
(3) in subparagraph (C) of paragraph (7), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``that fails to make adequate yearly
progress,''; and
(4) in subparagraph (A) of paragraph (8), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``continues to fail to make adequate
yearly progress,''.
(d) Multiple Measures.--Subparagraph (A) of section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended--
(1) at the end of clause (ii), by striking ``and'';
(2) at the end of clause (iii), by striking the period and
inserting ``; and''; and
(3) at the end, by adding the following:
``(iv) include multiple measures of student
academic achievement, such as the proportion of
State report card indicators met, a performance
index score, student drop-out rate, and a
measure based on individual student achievement
gains over time, disaggregated by each of the
groups of students described in subparagraph
(C)(v).''.
(e) Cut Scores.--Clause (ii) of section 1111(b)(1)(D) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(1)(D)) is amended--
(1) in subclause (II), by striking ``and'' at the end;
(2) in subclause (III), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(IV) take into consideration the
continuum of achievement by children
within the advanced, proficient, and
basic levels of achievement described
in subclauses (II) and (III) and the
yearly progress by children within such
continuum.''.
(f) No First Score Requirement.--Clause (iv) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended--
(1) by striking ``(iv) measures'' and inserting ``(iv)(I)
measures'';
(2) by inserting ``and'' after ``in paragraph (3);''; and
(3) by adding at the end the following:
``(II) if a student takes an assessment
described in paragraph (3) for a particular
subject or grade level more than once, may use,
at the State's discretion, the student's
results from subsequent administrations of the
assessment;''.
(g) Limiting Transfer Options and Supplemental Services to Students
From Failing Groups.--Section 1116 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316) is amended--
(1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and
(8)(A)(i) of subsection (b), by striking the term ``all
students enrolled in the school'' each place such term appears
and inserting ``all students enrolled in the school, who are
members of a group described in section 1111(b)(2)(C)(v) that
fails to make adequate yearly progress as defined in the
State's plan under section 1111(b)(2),'';
(2) in clause (vii) of subsection (c)(10)(C), by inserting
``, who are members of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2),'' after
``Authorizing students''; and
(3) in subparagraph (A) of subsection (e)(12), by inserting
``, who is a member of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2)'' after
``under section 1113(c)(1)''.
(h) Assessments.--Clause (ii) of section 1111(b)(3)(C) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(3)(C)) is amended to read as follows:
``(ii) be aligned with the State's
challenging academic content and student
academic achievement standards, be aligned with
curriculum and instruction to adequately assess
the effect of curriculum and instruction on
each such challenging academic content
standard, include individual test items (based
on technical criteria) that enable students to
achieve the items if the students received
appropriate instruction, and provide coherent
information about student attainment of the
State's challenging academic content and
student academic achievement standards;''.
(i) Assessing Students With Disabilities.--Clause (ix) of section
1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(3)(C)) is amended--
(1) in subclause (II), by striking ``and'' at the end;
(2) in subclause (III), by inserting ``and'' at the end;
and
(3) by adding at the end the following:
``(IV) at the discretion of the
State, the assessment of students with
disabilities (as defined in section
602(3) of the Individuals with
Disabilities Education Act) whose
instructional level in the core
academic subjects is below the grade
level in which the student is enrolled,
by using the State assessment
determined by the student's
individualized education program team
(as described in section 614(d)(1)(B)
of the Individuals with Disabilities
Education Act) to most closely
correspond to the student's
instructional level;''.
(j) Students With Limited English Proficiency.--Paragraph (2) of
section 1111(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)) is amended by adding at the end the following:
``(L) Students with limited english proficiency.--
Notwithstanding subparagraph (C)(v), a State may define
adequate yearly progress under subparagraph (C) in a
manner that measures the progress of students with
limited English proficiency--
``(i) by continuing to include in a group
of students described in subparagraph (C)(v)
students who attain proficiency in English; and
``(ii) by excluding the performance of
students with limited English proficiency who
have resided in the United States for less than
3 years, so as to avoid any distortion in
measurement resulting from the new arrivals of
such students.''.
(k) Separate Starting Points.--Subparagraph (E) of section
1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended by striking ``, using data
for the 2001-2002 school year,'' and inserting ``, for each group of
students described in subparagraph (C)(v),''.
(l) Minimum Number of Students With Disabilities for Statistically
Reliable Information.--The matter following subclause (II) in section
1111(b)(2)(C)(v) is amended by inserting ``, and a State may determine
that such number for a group of students with disabilities is greater
than for other groups of students described in this clause'' after
``information about any individual student''. | Comprehensive Learning Assessment for Students and Schools (CLASS) Act - Amends the Elementary and Secondary Education Act of 1965 to revise certain requirements regarding student assessments and adequate yearly progress which were added by the No Child Left Behind Act of 2001. | To amend part A of title I of the Elementary and Secondary Education Act of 1965 regarding adequate yearly progress and assessments. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Extension Act
of 2005, Part III''.
SEC. 2. ADMINISTRATIVE EXPENSES FOR FEDERAL-AID HIGHWAY PROGRAM.
(a) Authorization of Contract Authority.--Section 4(a) of the
Surface Transportation Extension Act of 2004, Part V (118 Stat. 1147,
119 Stat. 325) is amended by striking ``highway program'' and all that
follows through ``2005'' and inserting ``highway program $289,518,000
for fiscal year 2005''.
(b) Limitation on Obligations.--Notwithstanding any other provision
of law, the obligations for administrative expenses for Federal-aid
highway and highway safety construction programs provided by the
amendment made by subsection (a) shall be $3,000,000 for the period
beginning July 19, 2005, and ending July 21, 2005.
(c) Conforming Amendment.--Section 2(e)(3) of such Act (118 Stat.
1146, 119 stat. 325) is amended by striking ``July 19'' and inserting
``July 21''.
SEC. 3. ADMINISTRATIVE EXPENSES FOR NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION.
(a) In General.--There shall be available from the Highway Trust
Fund (other than the Mass Transit Account) for the Secretary of
Transportation to pay the administrative expenses of the National
Highway Traffic Administration in carrying out the highway safety
programs authorized by sections 157 and 163 of chapter 1 of title 23,
United States Code, and sections 402, 403, 405, and 410 of chapter 4 of
such title, the National Driver Register under chapter 303 of title 49,
United States Code, the motor vehicle safety program under chapter 301
of such title 49, and the motor vehicle information and cost savings
program under part C of subtitle VI of such title 49 $550,000 for the
period of July 20, 2005, through July 21, 2005.
(b) Contract Authority.--Funds made available by this section shall
be available for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code; except
that such funds shall remain available until expended.
SEC. 4. ADMINISTRATIVE EXPENSES FOR MOTOR CARRIER SAFETY ADMINISTRATION
PROGRAM.
Section 7(a)(1) of the Surface Transportation Extension Act of
2004, Part V (118 Stat. 1153; 119 Stat. 330) is amended--
(1) by striking ``$206,037,600'' and inserting
``$206,737,600''; and
(2) by striking ``July 19'' and inserting ``July 21''.
SEC. 5. ADMINISTRATIVE EXPENSES FOR FEDERAL TRANSIT PROGRAMS.
(a) Authorization of Appropriations.--Section 5338(f)(2) of title
49, United States Code, is amended--
(1) in the heading by striking ``july 19'' and inserting
``july 21'';
(2) in subparagraph (A)(vii)--
(A) by striking ``$52,000,000'' and inserting
``$52,440,000''; and
(B) by striking ``July 19'' and inserting ``July
21''; and
(3) in subparagraph (B)(vii) by striking ``July 19'' and
inserting ``July 21''.
(b) Obligation Ceiling.--Section 3040(7) of the Transportation
Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 885; 118
Stat. 1158; 119 Stat. 333) is amended--
(1) by striking ``$6,166,400,000'' and inserting
``$6,166,844,000''; and
(2) by striking ``July 19'' and inserting ``July 21''.
SEC. 6. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR
OBLIGATIONS UNDER TEA-21.
(a) Highway Trust Fund.--
(1) In general.--Paragraph (1) of section 9503(c) of the
Internal Revenue Code of 1986 is amended--
(A) in the matter before subparagraph (A), by
striking ``July 20, 2005'' and inserting ``July 22,
2005'',
(B) by striking ``or'' at the end of subparagraph
(L),
(C) by striking the period at the end of
subparagraph (M) and inserting ``, or'',
(D) by inserting after subparagraph (M) the
following new subparagraph:
``(N) authorized to be paid out of the Highway
Trust Fund under the Surface Transportation Extension
Act of 2005, Part III.'', and
(E) in the matter after subparagraph (N), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2005, Part II'' and inserting
``Surface Transportation Extension Act of 2005, Part
III''.
(2) Mass transit account.--Paragraph (3) of section 9503(e)
of such Code is amended--
(A) in the matter before subparagraph (A), by
striking ``July 20, 2005'' and inserting ``July 22,
2005'',
(B) in subparagraph (J), by striking ``or'' at the
end of such subparagraph,
(C) in subparagraph (K), by inserting ``or'' at the
end of such subparagraph,
(D) by inserting after subparagraph (K) the
following new subparagraph:
``(L) the Surface Transportation Extension Act of
2005, Part III,'', and
(E) in the matter after subparagraph (L), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2005, Part II'' and inserting
``Surface Transportation Extension Act of 2005, Part
III''.
(3) Exception to limitation on transfers.--Subparagraph (B)
of section 9503(b)(6) of such Code is amended by striking
``July 20, 2005'' and inserting ``July 22, 2005''.
(b) Aquatic Resources Trust Fund.--
(1) Sport fish restoration account.--Paragraph (2) of
section 9504(b) of the Internal Revenue Code of 1986 is amended
by striking ``Surface Transportation Extension Act of 2005,
Part II'' each place it appears and inserting ``Surface
Transportation Extension Act of 2005, Part III''.
(2) Boat safety account.--Subsection (c) of section 9504 of
such Code is amended--
(A) by striking ``July 20, 2005'' and inserting
``July 22, 2005'', and
(B) by striking ``Surface Transportation Extension
Act of 2005, Part II'' and inserting ``Surface
Transportation Extension Act of 2005, Part III''.
(3) Exception to limitation on transfers.--Paragraph (2) of
section 9504(d) of such Code is amended by striking ``July 20,
2005'' and inserting ``July 22, 2005''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(d) Temporary Rule Regarding Adjustments.--During the period
beginning on the date of the enactment of the Surface Transportation
Extension Act of 2003 and ending on July 21, 2005, for purposes of
making any estimate under section 9503(d) of the Internal Revenue Code
of 1986 of receipts of the Highway Trust Fund, the Secretary of the
Treasury shall treat--
(1) each expiring provision of paragraphs (1) through (4)
of section 9503(b) of such Code which is related to
appropriations or transfers to such Fund to have been extended
through the end of the 24-month period referred to in section
9503(d)(1)(B) of such Code, and
(2) with respect to each tax imposed under the sections
referred to in section 9503(b)(1) of such Code, the rate of
such tax during the 24-month period referred to in section
9503(d)(1)(B) of such Code to be the same as the rate of such
tax as in effect on the date of the enactment of the Surface
Transportation Extension Act of 2003. | Surface Transportation Extension Act of 2005, Part III - Extends the authorization of appropriations from the Highway Trust Fund (HTF) for administrative expenses for federal highway, highway safety, motor carrier safety, and transit programs through July 21, 2005. Prohibits, after July 21, 2005, the obligation of funds for any federal-aid highway program project until enactment of a multi-year law reauthorizing the federal-aid highway program.
Amends the Internal Revenue Code to authorize until July 22, 2005, expenditures for obligations under the Transportation Equity Act for the 21st Century (TEA-21) from: (1) the HTF; (2) the Mass Transit Account; and (3) the Aquatic Resources Trust Fund. | To provide an extension of administrative expenses for highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century. |
SECTION 1. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
``(D) Indian veterans housing rental assistance
program.--
``(i) Definitions.--In this subparagraph:
``(I) Indian.--The term `Indian'
has the meaning given the term in
section 4 of the Indian Self-
Determination and Education Assistance
Act (25 U.S.C. 450b).
``(II) Indian area.--The term
`Indian area' has the meaning given the
term in section 4 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103).
``(III) 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.
450b).
``(ii) Authorization of program.--The
Secretary may use not more than 5 percent of
the amounts made available for rental
assistance under this subsection to carry out a
rental assistance and supportive housing
program, in conjunction with the Secretary of
Veterans Affairs, for the benefit of Indian
veterans who are homeless or at-risk of
homelessness and who are residing on or near an
Indian area.
``(iii) Model.--The program described in
clause (ii) shall be modeled on the rental
assistance and supportive housing program
authorized under this section and applicable
appropriations Acts, including administration
in conjunction with the Secretary of Veterans
Affairs, except that the Secretary may make
necessary and appropriate modifications to
facilitate the use of the program by Indian
grant recipients to serve eligible Indian
veterans.
``(iv) Eligible recipients.--Amounts for
rental assistance and associated administrative
costs under clause (ii) shall be made available
to recipients eligible to receive grants under
section 101 of the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4111).
``(v) Funding criteria.--Rental assistance
under clause (ii) shall be awarded based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria
established by the Secretary in a
notice published in the Federal
Register after consulting with the
Secretary of Veterans Affairs.
``(vi) Administration.--Rental assistance
made available under clause (ii) shall be
administered in accordance with the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et
seq.), except that grantees shall--
``(I) submit to the Secretary, in a
manner prescribed by the Secretary,
reports on the utilization of rental
assistance provided under the program;
and
``(II) provide to the Secretary
information specified by the Secretary
to assess the effectiveness of the
program in serving eligible veterans.
``(vii) Consultation.--The Secretary, in
coordination with the Secretary of Veterans
Affairs, shall consult with recipients of
grants under section 101 of the Native American
Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4111) and any other
appropriate tribal organization on the design
of the program to ensure the effective delivery
of rental assistance and supportive services to
persons eligible to receive assistance under
this subparagraph.
``(viii) Waiver.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary may waive or specify
alternative requirements for any
provision of law (including
regulations) that the Secretary
administers in connection with the use
of rental assistance made available
under this subparagraph if the
Secretary finds that the waiver or
alternative requirement is necessary
for the effective delivery and
administration of rental assistance
made available under this subparagraph
to Indian veterans.
``(II) Exception.--The Secretary
shall not waive or specify alternative
requirements under subclause (I) for
any provision of law (including
regulations) relating to labor
standards or the environment.''. | Amends the United States Housing Act of 1937 to authorize the Secretary of Housing and Urban Development (HUD) to carry out a rental assistance and supportive housing program, in conjunction with the Secretary of Veterans Affairs (VA), for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian areas. Requires rental assistance under such program to be: (1) made available to recipients eligible for housing assistance block grants under the Native American Housing Assistance and Self-Determination Act of 1996; and (2) awarded based on need, administrative capacity, and any other funding criteria established by the HUD Secretary in a notice published in the Federal Register after consulting with the VA Secretary. | A bill to provide for rental assistance for homeless or at-risk Indian veterans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Real Property Disposal
Enhancement Act of 2009''.
SEC. 2. DUTIES OF THE GENERAL SERVICES ADMINISTRATION AND EXECUTIVE
AGENCIES.
(a) In General.--Section 524 of title 40, United States Code, is
amended to read as follows:
``Sec. 524. Duties of the General Services Administration and executive
agencies
``(a) Duties of the General Services Administration.--
``(1) Guidance.--The Administrator shall issue guidance for
the development and implementation of agency real property
plans. Such guidance shall include recommendations on--
``(A) how to identify excess properties;
``(B) how to evaluate the costs and benefits
involved with disposing of real property;
``(C) how to prioritize disposal decisions based on
agency missions and anticipated future need for
holdings; and
``(D) how best to dispose of those properties
identified as excess to the needs of the agency.
``(2) Annual report.--(A) The Administrator shall submit an
annual report, for each of the first 5 years after 2009, to the
congressional committees listed in subparagraph (C) based on
data submitted from all executive agencies, detailing executive
agency efforts to reduce their real property assets and the
additional information described in subparagraph (B).
``(B) The report shall contain the following information
for the year covered by the report:
``(i) The aggregated estimated market value and
number of real property assets under the custody and
control of all executive agencies, set forth
government-wide and by agency, and for each at the
constructed asset level and at the facility/
installation level.
``(ii) The aggregated estimated market value and
number of surplus real property assets under the
custody and control of all executive agencies, set
forth government-wide and by agency, and for each at
the constructed asset level and at the facility/
installation level.
``(iii)(I) The aggregated cost for maintaining all
surplus real property under the custody and control of
all executive agencies, set forth government-wide and
by agency, and for each at the constructed asset level
and at the facility/installation level.
``(II) For purposes of subclause (I), costs for
real properties owned by the Federal Government shall
include recurring maintenance and repair costs,
utilities, cleaning and janitorial costs, and roads and
grounds expenses.
``(III) For purposes of subclause (I), costs for
real properties leased by the Federal Government shall
include lease costs, including base and operating rent
and any other relevant costs listed in subclause (II)
not covered in the lease contract.
``(iv) The aggregated estimated deferred
maintenance costs of all real property under the
custody and control of all executive agencies, set
forth government-wide and by agency, and for each at
the constructed asset level and at the facility/
installation level.
``(v) For each surplus real property facility/
installation disposed of, an indication of--
``(I) its geographic location with address
and description;
``(II) its size, including square footage
and acreage;
``(III) the date and method of disposal;
and
``(IV) its estimated market value.
``(vi) Such other information as the Administrator
considers appropriate.
``(C) The congressional committees listed in this
subparagraph are as follows:
``(i) The Committee on Oversight and Government
Reform and the Committee on Transportation and
Infrastructure of the House of Representatives.
``(ii) The Committee on Homeland Security and
Governmental Affairs and the Committee on Environment
and Public Works of the Senate.
``(3) Assistance.--The Administrator shall assist executive
agencies in the identification and disposal of excess real
property.
``(b) Duties of Executive Agencies.--
``(1) In general.--Each executive agency shall--
``(A) maintain adequate inventory controls and
accountability systems for property under its control;
``(B) continuously survey property under its
control to identify excess property;
``(C) promptly report excess property to the
Administrator;
``(D) perform the care and handling of excess
property; and
``(E) transfer or dispose of excess property as
promptly as possible in accordance with authority
delegated and regulations prescribed by the
Administrator.
``(2) Specific requirements with respect to real
property.--With respect to real property, each executive agency
shall--
``(A) develop and implement a real property plan in
order to identify properties to declare as excess using
the guidance issued under subsection (a)(1);
``(B) identify and categorize all real property
owned, leased, or otherwise managed by the agency;
``(C) establish adequate goals and incentives that
lead the agency to reduce excess real property in its
inventory;
``(D) when appropriate, use the authorities in
section 572(a)(2)(B) of this title in order to identify
and prepare real property to be reported as excess.
``(3) Additional requirements.--Each executive agency, as
far as practicable, shall--
``(A) reassign property to another activity within
the agency when the property is no longer required for
the purposes of the appropriation used to make the
purchase;
``(B) transfer excess property under its control to
other Federal agencies and to organizations specified
in section 321(c)(2) of this title; and
``(C) obtain excess properties from other Federal
agencies to meet mission needs before acquiring non-
Federal property.''.
(b) Clerical Amendment.--The item relating to section 524 in the
table of sections at the beginning of chapter 5 of such title is
amended to read as follows:
``524. Duties of the General Services Administration and executive
agencies.''.
SEC. 3. ENHANCED AUTHORITIES WITH REGARD TO PREPARING PROPERTIES TO BE
REPORTED AS EXCESS.
Section 572(a)(2) of title 40, United States Code, is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Additional authority.--(i) From the fund
described in paragraph (1), subject to clause (iv), the
Administrator may obligate an amount to pay the direct
and indirect costs related to identifying and preparing
properties to be reported excess by another agency.
``(ii) The General Services Administration shall be
reimbursed from the proceeds of the sale of such
properties for such costs.
``(iii) Net proceeds shall be dispersed pursuant to
section 571 of this title.
``(iv) The authority under clause (i) to obligate
funds to prepare properties to be reported excess does
not include the authority to convey such properties by
use, sale, lease, exchange, or otherwise, including
through leaseback arrangements or service agreements.
``(v) Nothing in this subparagraph is intended to
affect subparagraph (D).''.
SEC. 4. ENHANCED AUTHORITIES WITH REGARD TO REVERTED REAL PROPERTY.
(a) Authority To Pay Expenses Related to Reverted Real Property.--
Section 572(a)(2)(A) of title 40, United States Code, is amended by
adding at the end the following:
``(iv) The direct and indirect costs
associated with the reversion, custody, and
disposal of reverted real property.''.
(b) Requirements Related to Sales of Reverted Property Under
Section 550.--Section 550(b)(1) of title 40, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(1) In general.--''; and
(2) by adding at the end the following: ``If the official,
in consultation with the Administrator, recommends reversion of
the property, the Administrator shall take control of such
property, and, subject to subparagraph (B), sell it at or above
appraised fair market value for cash and not by lease,
exchange, leaseback arrangements, or service agreements.
``(B) Prior to sale, the Administrator shall make such
property available to State and local governments and certain
non-profit institutions or organizations pursuant to this
section and sections 553 and 554 of this title.''.
(c) Requirements Related to Sales of Reverted Property Under
Section 553.--Section 553(e) of title 40, United States Code, is
amended--
(1) by inserting ``(1)'' after ``This Section.--''; and
(2) by adding at the end the following: ``If the
Administrator determines that reversion of the property is
necessary to enforce compliance with the terms of the
conveyance, the Administrator shall take control of such
property and, subject to paragraph (2), sell it at or above
appraised fair market value for cash and not by lease,
exchange, leaseback arrangements, or service agreements.
``(2) Prior to sale, the Administrator shall make such property
available to State and local governments and certain non-profit
institutions or organizations pursuant to this section and sections 550
and 554 of this title.''.
(d) Requirements Related to Sales of Reverted Property Under
Section 554.--Section 554(f) of title 40, United States Code, is
amended--
(1) by inserting ``(1)'' after ``This Section.--''; and
(2) by adding at the end the following: ``If the Secretary,
in consultation with the Administrator, recommends reversion of
the property, the Administrator shall take control of such
property and, subject to paragraph (2), sell it at or above
appraised fair market value for cash and not by lease,
exchange, leaseback arrangements, or service agreements.
``(b) Prior to sale, the Administrator shall make such property
available to State and local governments and certain non-profit
institutions or organizations pursuant to this section and sections 550
and 553 of this title.''.
SEC. 5. AGENCY RETENTION OF PROCEEDS.
The text of section 571 of title 40, United States Code, is amended
to read as follows:
``(a) Proceeds From Transfer or Sale of Real Property.--Net
proceeds described in subsection (d) shall be deposited into the
appropriate real property account of the agency that had custody and
accountability for the real property at the time the real property is
determined to be excess. Such funds shall be expended only as
authorized in annual appropriations Acts and only for activities as
described in section 524(b) of this title and disposal activities,
including paying costs incurred by the General Services Administration
for any disposal-related activity authorized by this title. Proceeds
may also be expended by the agency for maintenance and repairs of the
agency's real property necessary for its disposal or for the repair or
alteration of the agency's other real property, provided that proceeds
shall not be authorized for expenditure in an appropriations Act for
any repair or alteration project that is subject to the requirements of
section 3307 of this title without a prospectus submitted by the
General Services Administration and approved by the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate.
``(b) Effect on Other Sections.--Nothing in this section is
intended to affect section 572(b), 573, or 574 of this title.
``(c) Disposal Agency for Reverted Property.--For the purposes of
this section, for any real property that reverts to the United States
under sections 550, 553, and 554 of this title, the General Services
Administration, as the disposal agency, shall be treated as the agency
with custody and accountability for the real property at the time the
real property is determined to be excess.
``(d) Net Proceeds.--The net proceeds referred to in subsection (a)
are proceeds under this chapter, less expenses of the transfer or
disposition as provided in section 572(a) of this title, from a--
``(1) transfer of excess real property to a Federal agency
for agency use; or
``(2) sale, lease, or other disposition of surplus real
property.
``(e) Proceeds From Transfer or Sale of Personal Property.--(1)
Except as otherwise provided in this subchapter, proceeds described in
paragraph (2) shall be deposited in the Treasury as miscellaneous
receipts.
``(2) The proceeds described in this paragraph are proceeds under
this chapter from--
``(A) a transfer of excess personal property to a Federal
agency for agency use; or
``(B) a sale, lease, or other disposition of surplus
personal property.
``(3) Subject to regulations under this subtitle, the expenses of
the sale of personal property may be paid from the proceeds of sale so
that only the net proceeds are deposited in the Treasury. This
paragraph applies whether proceeds are deposited as miscellaneous
receipts or to the credit of an appropriation as authorized by law.''.
SEC. 6. DEMONSTRATION AUTHORITY.
(a) In General.--Subchapter II of chapter 5 of title 40, United
States Code, is amended by adding at the end the following new section:
``Sec. 530. Demonstration program of inapplicability of certain
requirements of law
``(a) Authority.--Effective for fiscal years 2009 and 2010, the
requirements of section 501(a) of the McKinney Vento Homeless
Assistance Act (42 U.S.C. 11411(a)) shall not apply to eligible
properties.
``(b) Eligible Properties.--A property is eligible for purposes of
subsection (a) if it meets both of the following requirements:
``(1) The property is selected for demolition by an agency
and is a Federal building or other Federal real property
located on land not determined to be excess, for which there is
an ongoing Federal need, and not to be used in any lease,
exchange, leaseback arrangement, or service agreement.
``(2) The property is--
``(A) located in an area to which the general
public is denied access in the interest of national
security and where alternative access cannot be
provided for the public without compromising national
security; or
``(B) the property is--
``(i) uninhabitable;
``(ii) not a housing unit; and
``(iii) selected for demolition by an
agency because either--
``(I) the demolition is necessary
to further an identified Federal need
for which funds have been authorized
and appropriated; or
``(II) the property poses risk to
human health and safety or has become
an attractive nuisance.
``(c) Limitations.--
``(1) No property of the Department of Veterans Affairs may
be considered an eligible property for purposes of subsection
(a).
``(2) With respect to an eligible property described in
subsection (b), the land underlying the property remains
subject to all public benefit requirements and notifications
for disposal.
``(d) Notification to Congress.--(1) A list of each eligible
property described in subsection (b) that is demolished or scheduled
for demolition, by date of demolition or projected demolition date,
shall be sent to the congressional committees listed in paragraph (2)
and published on the Web site of the General Services Administration
biannually beginning 6 months after the date of the enactment of this
section.
``(2) The congressional committees listed in this paragraph are as
follows:
``(A) The Committee on Oversight and Government Reform and
the Committee on Transportation and Infrastructure of the House
of Representatives.
``(B) The Committee on Homeland Security and Governmental
Affairs and the Committee on Environment and Public Works of
the Senate.
``(e) Relationship to Other Provisions of Law.--Nothing in this
section may be construed as interfering with the requirement for the
submission of a prospectus to Congress as established by section 3307
of this title or for all demolitions to be carried out pursuant to
section 527 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of title 40, United States Code, is amended by inserting
after the item relating to section 529 the following new item:
``530. Demonstration program of inapplicability of certain requirements
of law.''. | Federal Real Property Disposal Enhancement Act of 2009 - Requires the Administrator of the General Services Administration (GSA) to: (1) issue guidance for federal agency real property plans, including recommendations on how to identify and dispose of excess properties, evaluate disposal costs and benefits, and prioritize disposal decisions based on agency missions and anticipated future need for holdings; (2) report to specified congressional committees annually for five years on agency efforts to reduce their real property assets; and (3) assist agencies in the identification and disposal of excess real property.
Includes among the amounts the Administrator is authorized to obligate from proceeds from the disposition of excess real property: (1) amounts to pay the costs related to identifying and preparing properties to be reported excess by another agency; and (2) amounts to pay the costs associated with the reversion, custody, and disposal of reverted real property. Revises requirements for federal agency retention of proceeds from the transfer or sale of excess real property.
Provides that requirements under the McKinney Vento Homeless Assistance Act for the use of public buildings and real property to assist the homeless shall not apply to certain non-excess federal buildings or real property selected for demolition. | To amend title 40, United States Code, to enhance authorities with regard to real property that has yet to be reported excess, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mercury Pollution Reduction Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mercury and mercury compounds are highly toxic to
humans, ecosystems, and wildlife;
(2) as many as 10 percent of women in the United States of
childbearing age have mercury in their bloodstreams at a level
that could pose risks to their unborn babies, and hundreds of
thousands of children born annually in the United States are at
risk of neurological problems relating to mercury exposure in
utero;
(3) the most significant source of mercury exposure to
people in the United States is ingestion of mercury-
contaminated fish;
(4) the long-term solution to mercury pollution is to
minimize global mercury use and releases of mercury to
eventually achieve reduced contamination levels in the
environment, rather than reducing fish consumption, since
uncontaminated fish represents a critical and healthy source of
nutrition for people worldwide;
(5) mercury pollution is a transboundary pollutant that--
(A) is deposited locally, regionally, and globally;
and
(B) affects bodies of water near industrial areas,
such as the Great Lakes, as well as bodies of water in
remote areas, such as the Arctic Circle;
(6) of the approximately 30 plants in the United States
that produce chlorine, only 7 use the obsolete ``mercury cell''
chlor-alkali process, and 4 have not yet committed to phasing
out mercury use;
(7)(A) less than 5 percent of the total quantity of
chlorine and caustic soda produced in the United States comes
from the chlor-alkali plants described in paragraph (6) that
use the mercury cell chlor-alkali process;
(B) cost-effective alternatives are available and in use in
the remaining 95 percent of chlorine and caustic soda
production; and
(C) other countries, including Japan, have already banned
the mercury cell chlor-alkali process;
(8) the chlor-alkali industry acknowledges that--
(A) mercury can contaminate products manufactured
at mercury cell facilities; and
(B) the use of some of those products results in
the direct and indirect release of mercury;
(9) despite those quantities of mercury known to have been
used or to be in use, neither the chlor-alkali industry nor the
Environmental Protection Agency is able--
(A) to adequately account for the disposition of
the mercury used at those facilities; or
(B) to accurately estimate current mercury
emissions; and
(10) it is critically important that the United States work
aggressively toward the minimization of supply, demand, and
releases of mercury, both domestically and internationally.
SEC. 3. STATEMENT OF POLICY.
Congress declares that the United States should develop policies
and programs that will--
(1) reduce mercury use and emissions within the United
States;
(2) reduce mercury releases from the reservoir of mercury
currently in use or circulation within the United States; and
(3) reduce exposures to mercury, particularly exposures of
women of childbearing age and young children.
SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.
(a) In General.--Title I of the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) is amended by inserting after section 6 the
following:
``SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.
``(a) Definition of Chlor-alkali Facility.--In this section, the
term `chlor-alkali facility' means a facility used for the manufacture
of chlorine or caustic soda using a mercury cell process.
``(b) Prohibition.--
``(1) In general.--Except as otherwise provided in this
subsection, it shall be unlawful to manufacture chlorine or
caustic soda using mercury cells at any facility in the United
States.
``(2) Notice.--The owner or operator of any existing chlor-
alkali facility shall notify the Administrator no later than
June 30, 2012, whether it will--
``(A) replace its chlor-alkali facility with a new
manufacturing facility that does not use mercury; or
``(B) cease operations.
``(3) Closure.--A chlor-alkali facility for which a closure
notice is filed under paragraph (2)(B) shall cease
manufacturing chlorine or caustic soda using mercury cells no
later than June 30, 2013.
``(4) Replacement.--A chlor-alkali facility for which a
replacement notice is filed under paragraph (2)(A) may continue
to manufacture chlorine or caustic soda using mercury cells
until all of the permitting, financing, engineering, and
construction of a non-mercury replacement facility is complete,
or June 30, 2015, whichever is earlier.
``(c) Export Ban.--Effective on the date of the enactment of this
section, the export of any elemental mercury or the sale of elemental
mercury for purposes of export, including compounds and mixtures
containing elemental mercury, by the owner or operator of a chlor-
alkali facility is prohibited.
``(d) Savings Provision.--Nothing in this section affects the
ability of the owner or operator of any chlor-alkali facility to store
elemental mercury in accordance with section 5(g)(2) of the Mercury
Export Ban Act of 2008 (42 U.S.C. 6939f).''.
(b) Conforming Amendments.--(1) The table of contents of the Toxic
Substances Control Act (15 U.S.C. 2601 note) is amended by inserting
after the item relating to section 6 the following:
``Sec. 6A. Use of mercury in chlorine and caustic soda
manufacturing.''.
(2) Paragraphs (1) and (2) of section 15 of such Act are each
amended by striking ``or 6'' and inserting ``, 6 or 6A''. | Mercury Pollution Reduction Act - Declares that the United States should develop policies and programs that will reduce: (1) mercury use and emissions; (2) mercury releases from the reservoir of mercury currently in use or circulation; and (3) exposures to mercury, particularly of women of childbearing age and young children.
Amends the Toxic Substances Control Act to prohibit: (1) the manufacture of chlorine or caustic soda using mercury cells at any facility in the United States; and (2) the export of any elemental mercury or the sale of elemental mercury for purposes of export, including compounds and mixtures containing elemental mercury, by the owner or operator of a chlor-alkali facility.
Requires the owner or operator of any existing chlor-alkali facility to notify the Administrator of the Environmental Protection Agency (EPA) no later than June 30, 2012, on whether the owner or operator will replace its chlor-alkali facility with a new manufacturing facility that does not use mercury or cease operations. Requires a chlor-alkali facility for which a closure notice is filed to cease manufacturing chlorine or caustic soda using mercury cells no later than June 30, 2013. Authorizes a chlor-alkali facility for which a replacement notice is filed to continue to manufacture chlorine or caustic soda using mercury cells until all of the permitting, financing, engineering, and construction of a non-mercury replacement facility is complete or June 30, 2015, whichever is earlier.
Provides that this Act does not affect the ability of the owner or operator of any chlor-alkali facility to store elemental mercury in accordance with the Mercury Export Ban Act of 2008. | To amend the Toxic Substances Control Act to phase out the use of mercury in the manufacture of chlorine and caustic soda, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Appalachian Regional Development Act
Amendments of 2007''.
SEC. 2. LIMITATION ON AVAILABLE AMOUNTS; MAXIMUM COMMISSION
CONTRIBUTION.
(a) Grants and Other Assistance.--Section 14321(a) of title 40,
United States Code, is amended--
(1) by striking paragraph (1)(A)(i) and inserting the
following:
``(i) the amount of the grant shall not
exceed--
``(I) 50 percent of administrative
expenses;
``(II) at the discretion of the
Commission, if the grant is to a local
development district that has a charter
or authority that includes the economic
development of a county or a part of a
county for which a distressed county
designation is in effect under section
14526, 75 percent of administrative
expenses; or
``(III) at the discretion of the
Commission, if the grant is to a local
development district that has a charter
or authority that includes the economic
development of a county or a part of a
county for which an at-risk county
designation is in effect under section
14526, 70 percent of administrative
expenses;''; and
(2) by striking paragraph (2)(A) and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), of the cost of any activity eligible
for financial assistance under this section, not more
than--
``(i) 50 percent may be provided from
amounts appropriated to carry out this
subtitle;
``(ii) in the case of a project to be
carried out in a county for which a distressed
county designation is in effect under section
14526, 80 percent may be provided from amounts
appropriated to carry out this subtitle; or
``(iii) in the case of a project to be
carried out in a county for which an at-risk
county designation is in effect under section
14526, 70 percent may be provided from amounts
appropriated to carry out this subtitle.''.
(b) Demonstration Health Projects.--Section 14502 of title 40,
United States Code, is amended--
(1) by striking subsection (d)(2) and inserting the
following:
``(2) Limitation on available amounts.--Grants under this
section for the operation (including initial operating amounts
and operating deficits, which include the cost of attracting,
training, and retaining qualified personnel) of a demonstration
health project, whether or not constructed with amounts
authorized by this section, may be made for up to--
``(A) 50 percent of the cost of that operation;
``(B) in the case of a project to be carried out in
a county for which a distressed county designation is
in effect under section 14526, 80 percent of the cost
of that operation; or
``(C) in the case of a project to be carried out
for a county for which an at-risk county designation is
in effect under section 14526, 70 percent of the cost
of that operation.''; and
(2) in subsection (f)--
(A) in paragraph (1) by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''; and
(B) by adding at the end the following:
``(3) At-risk counties.--The maximum Commission
contribution for a project to be carried out in a county for
which an at-risk county designation is in effect under section
14526 may be increased to the lesser of--
``(A) 70 percent; or
``(B) the maximum Federal contribution percentage
authorized by this section.''.
(c) Assistance for Proposed Low- and Middle-Income Housing
Projects.--Section 14503 of title 40, United States Code, is amended--
(1) by striking subsection (d)(1) and inserting the
following:
``(1) Limitation on available amounts.--A loan under
subsection (b) for the cost of planning and obtaining financing
(including the cost of preliminary surveys and analyses of
market needs, preliminary site engineering and architectural
fees, site options, application and mortgage commitment fees,
legal fees, and construction loan fees and discounts) of a
project described in that subsection may be made for up to--
``(A) 50 percent of that cost;
``(B) in the case of a project to be carried out in
a county for which a distressed county designation is
in effect under section 14526, 80 percent of that cost;
or
``(C) in the case of a project to be carried out
for a county for which an at-risk county designation is
in effect under section 14526, 70 percent of that
cost.''; and
(2) by striking subsection (e)(1) and inserting the
following:
``(1) In general.--A grant under this section for expenses
incidental to planning and obtaining financing for a project
under this section that the Secretary considers to be
unrecoverable from the proceeds of a permanent loan made to
finance the project shall--
``(A) not be made to an organization established
for profit; and
``(B) except as provided in paragraph (2), not
exceed--
``(i) 50 percent of those expenses;
``(ii) in the case of a project to be
carried out in a county for which a distressed
county designation is in effect under section
14526, 80 percent of those expenses; or
``(iii) in the case of a project to be
carried out in a county for which an at-risk
county designation is in effect under section
14526, 70 percent of those expenses.''.
(d) Telecommunications and Technology Initiative.--Section 14504 of
title 40, United States Code, is amended by striking subsection (b) and
inserting the following:
``(b) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section, not more than--
``(1) 50 percent may be provided from amounts appropriated
to carry out this section;
``(2) in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 14526, 80 percent may be provided from amounts
appropriated to carry out this section; or
``(3) in the case of a project to be carried out in a
county for which an at-risk county designation is in effect
under section 14526, 70 percent may be provided from amounts
appropriated to carry out this section.''.
(e) Entrepreneurship Initiative.--Section 14505 of title 40, United
States Code, is amended by striking subsection (c) and inserting the
following:
``(c) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section, not more than--
``(1) 50 percent may be provided from amounts appropriated
to carry out this section;
``(2) in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 14526, 80 percent may be provided from amounts
appropriated to carry out this section; or
``(3) in the case of a project to be carried out in a
county for which an at-risk county designation is in effect
under section 14526, 70 percent may be provided from amounts
appropriated to carry out this section.''.
(f) Regional Skills Partnerships.--Section 14506 of title 40,
United States Code, is amended by striking subsection (d) and inserting
the following:
``(d) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section, not more than--
``(1) 50 percent may be provided from amounts appropriated
to carry out this section;
``(2) in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 14526, 80 percent may be provided from amounts
appropriated to carry out this section; or
``(3) in the case of a project to be carried out in a
county for which an at-risk county designation is in effect
under section 14526, 70 percent may be provided from amounts
appropriated to carry out this section.''.
(g) Supplements to Federal Grant Programs.--Section 14507(g) of
title 40, United States Code, is amended--
(1) in paragraph (1) by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following:
``(3) At-risk counties.--The maximum Commission
contribution for a project to be carried out in a county for
which an at-risk county designation is in effect under section
14526 may be increased to 70 percent.''.
SEC. 3. ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE.
(a) In General.--Subchapter I of chapter 145 of subtitle IV of
title 40, United States Code, is amended by adding at the end the
following:
``Sec. 14508. Economic and energy development initiative
``(a) Projects To Be Assisted.--The Appalachian Regional Commission
may provide technical assistance, make grants, enter into contracts, or
otherwise provide amounts to persons or entities in the Appalachian
region for projects--
``(1) to promote energy efficiency in the region to enhance
its economic competitiveness;
``(2) to increase the use of renewable energy resources in
the region to produce alternative transportation fuels,
electricity, and heat; and
``(3) to support the development of conventional energy
resources in the region to produce alternative transportation
fuels, electricity, and heat.
``(b) Limitation on Available Amounts.--Of the cost of any project
eligible for a grant under this section, not more than--
``(1) 50 percent may be provided from amounts appropriated
to carry out this section;
``(2) in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 14526, 80 percent may be provided from amounts
appropriated to carry out this section; or
``(3) in the case of a project to be carried out in a
county for which an at-risk county designation is in effect
under section 14526, 70 percent may be provided from amounts
appropriated to carry out this section.
``(c) Sources of Assistance.--Assistance under this section may be
provided from amounts made available to carry out this section in
combination with amounts made available under other Federal programs or
from any other source.
``(d) Federal Share.--Notwithstanding any provision of law limiting
the Federal share under any other Federal program, amounts made
available to carry out this section may be used to increase that
Federal share, as the Commission decides is appropriate.''.
(b) Conforming Amendment.--The analysis for chapter 145 of title
40, United States Code, is amended by inserting after the item relating
to section 14507 the following:
``14508. Economic and energy development initiative.''.
SEC. 4. DISTRESSED, AT-RISK, AND ECONOMICALLY STRONG COUNTIES.
(a) Designation of At-Risk Counties.--Section 14526 of title 40,
United States Code, is amended--
(1) in the section heading by inserting ``, at-risk,''
after ``Distressed''; and
(2) in subsection (a)(1)--
(A) by redesignating subparagraph (B) as
subparagraph (C);
(B) in subparagraph (A) by striking ``and'' at the
end; and
(C) by inserting after subparagraph (A) the
following:
``(B) designate as `at-risk counties' those
counties in the Appalachian region that are most at
risk of becoming economically distressed; and''.
(b) Conforming Amendment.--The analysis for chapter 145 of such
title is amended by striking the item relating to section 14526 and
inserting the following:
``14526. Distressed, at-risk, and economically strong counties.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 14703(a) of title 40, United States Code,
is amended to read as follows:
``(a) In General.--In addition to amounts made available under
section 14501, there is authorized to be appropriated to the
Appalachian Regional Commission to carry out this subtitle (other than
section 14508)--
``(1) $65,000,000 for fiscal year 2007;
``(2) $80,000,000 for fiscal year 2008;
``(3) $85,000,000 for fiscal year 2009;
``(4) $90,000,000 for fiscal year 2010; and
``(5) $95,000,000 for fiscal year 2011.''.
(b) Authorization of Appropriations.--Section 14703(b) of such
title is amended to read as follows:
``(b) Economic and Energy Development Initiative.--In addition to
amounts made available under section 14501, there is authorized to be
appropriated to the Commission to carry out section 14508 $12,000,000
for each of fiscal years 2008 through 2011.''.
(c) Availability.--Section 14703(c) of such title is amended by
striking ``subsection (a)'' and by inserting ``subsections (a) and
(b)''.
(d) Allocation of Funds.--Section 14703 of such title is amended by
adding at the end the following:
``(d) Allocation of Funds.--Funds approved by the Commission for a
project in a State in the Appalachian region pursuant to congressional
direction shall be derived from such State's portion of the
Commission's allocation of appropriated amounts among the States.''.
SEC. 6. TERMINATION.
Section 14704 of title 40, United States Code, is amended by
striking ``2006'' and inserting ``2011''.
SEC. 7. ADDITIONS TO APPALACHIAN REGION.
(a) Kentucky.--Section 14102(a)(1)(C) of title 40, United States
Code, is amended--
(1) by inserting ``Metcalfe,'' after ``Menifee,'';
(2) by inserting ``Nicholas,'' after ``Morgan,''; and
(3) by inserting ``Robertson,'' after ``Pulaski,''.
(b) Ohio.--Section 14102(a)(1)(H) of such title is amended--
(1) by inserting ``Ashtabula,'' after ``Adams,'';
(2) by inserting ``Fayette,'' after ``Coshocton,'';
(3) by inserting ``Mahoning,'' after ``Lawrence,''; and
(4) by inserting ``Trumbull,'' after ``Scioto,''.
(c) Tennessee.--Section 14102(a)(1)(K) of such title is amended--
(1) by inserting ``Giles,'' after ``Franklin,''; and
(2) by inserting ``Lawrence, Lewis, Lincoln,'' after
``Knox,''.
(d) Virginia.--Section 14102(a)(1)(L) of such title is amended--
(1) by inserting ``Henry,'' after ``Grayson,''; and
(2) by inserting ``Patrick,'' after ``Montgomery,''.
Passed the House of Representatives July 16, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Appalachian Regional Development Act Amendments of 2007 - (Sec. 2) Limits the maximum Appalachian Regional Commission contribution through non-highway grants and loans for designated at-risk counties to 70% of costs.
(Sec. 3) Authorizes the Commission to provide technical assistance, make grants, or otherwise provide amounts to and contract with persons or entities in the Appalachian region for projects to: (1) promote energy efficiency to enhance economic competitiveness; (2) increase the use of renewable energy resources to produce alternative transportation fuels, electricity, and heat; and (3) support the development of conventional energy resources to produce alternative transportation fuels, electricity, and heat.
(Sec. 4) Directs the Commission to designate as "at-risk counties" those counties in the Appalachian region that are most at risk of becoming economically distressed.
(Sec. 5) Authorizes additional appropriations to the Commission through FY2011 to carry out Appalachian regional development and its economic and energy development initiative under section 3. Requires that funds approved by the Commission for a project in a state in the Appalachian region pursuant to congressional direction be derived from such state's portion of the Commission's allocation of appropriated amounts among the states.
(Sec. 6) Extends, for five years, the termination date of the Appalachian Regional Development Act of 1965 (with exceptions for the Appalachian development highway system and certain definitions).
(Sec. 7) Includes within the Appalachian region the following areas: (1) Metcalfe, Nicholas, and Robertson counties in Kentucky; (2) Ashtabula, Fayette, Mahoning, and Trumbull counties in Ohio; (3) Giles, Lawrence, Lewis, and Lincoln counties in Tennessee; and (4) Henry and Patrick counties in Virginia. | To reauthorize and improve the program authorized by the Appalachian Regional Development Act of 1965. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Gang Violence Act''.
SEC. 2. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS GANG
MEMBER.
(a) Amendment of Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend chapter 3 of the Federal
Sentencing Guidelines so that, except with respect to
trafficking in cocaine base, if a defendant was a member of a
criminal street gang at the time of the offense, the offense
level is increased by 6 levels.
(2) Construction with other guidelines.--The amendment made
pursuant to paragraph (1) shall provide that the increase in
the offense level shall be in addition to any other adjustment
under chapter 3 of the Federal Sentencing Guidelines.
(3) Definition.--For purposes of this section, the term
``criminal street gang'' has the meaning given that term in
section 521(a) of title 18, United States Code, as amended by
section 3 of this Act.
SEC. 3. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL STREET GANGS.
Section 521 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Definitions.--'' and
inserting ``(a) Definitions.--For purposes of this
section the following definitions shall apply:'';
(B) by striking ```conviction''' and inserting the
following:
``(1) Conviction.--The term `conviction''';
(C) in paragraph (1), as so designated, by striking
``violent or controlled substances felony'' and
inserting ``predicate gang crime''; and
(D) by striking ```criminal street gang''' and all
that follows through the end of the subsection and
inserting the following:
``(2) Criminal street gang.--The term `criminal street
gang' means an ongoing group, club, organization, or
association of 3 or more persons, whether formal or informal--
``(A) a primary activity of which is the commission
of 1 or more predicate gang crimes;
``(B) the members of which engage, or have engaged
during the 5-year period preceding the date in
question, in a pattern of criminal activity involving 1
or more predicate gang crimes; and
``(C) the activities of which affect interstate or
foreign commerce.
``(3) Pattern of criminal activity.--The term `pattern of
criminal activity' means the commission of 2 or more predicate
gang crimes--
``(A) at least 1 of which was committed after the
date of enactment of the Federal Gang Violence Act;
``(B) the last of which was committed not later
than 3 years after the commission of another predicate
gang crime; and
``(C) which were committed on separate occasions.
``(4) Predicate gang crime.--The term `predicate gang
crime' means--
``(A) an offense described in subsection (c);
``(B) a State offense--
``(i) involving a controlled substance (as
defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) for which the
maximum penalty is imprisonment for not less
than 5 years; or
``(ii) that is a felony crime of violence
that has as an element the use or attempted use
of physical force against the person of
another;
``(C) any Federal or State felony offense that by
its nature involves a substantial risk that physical
force against the person of another may be used in the
course of committing the offense, including--
``(i) assault with a deadly weapon;
``(ii) homicide or manslaughter;
``(iii) shooting at an occupied dwelling or
motor vehicle;
``(iv) kidnapping;
``(v) carjacking;
``(vi) robbery;
``(vii) drive-by-shooting;
``(viii) tampering with or retaliating
against a witness, victim, informant, or juror;
``(ix) rape;
``(x) mayhem;
``(xi) torture; and
``(xii) arson;
``(D) any Federal or State offense that is--
``(i) grand theft;
``(ii) burglary;
``(iii) looting;
``(iv) felony extortion;
``(v) possessing a concealed weapon;
``(vi) grand theft auto;
``(vii) money laundering
``(viii) felony vandalism;
``(ix) unlawful sale of a firearm; or
``(x) obstruction of justice; and
``(E) a conspiracy, attempt, or solicitation to
commit any offense described in subparagraphs (A)
through (D).''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``continuing
series of offenses described in subsection (c)'' and
inserting ``pattern of criminal activity''; and
(B) in paragraph (3), by striking ``years for--''
and all that follows through the end of the paragraph
and inserting ``years for a predicate gang crime.''.
SEC. 4. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF
CRIMINAL STREET GANGS.
(a) Travel Act Amendments.--
(1) Prohibited conduct and penalties.--Section 1952(a) of
title 18, United States Code, is amended to read as follows:
``(a) Whoever travels in interstate or foreign commerce or uses the
mail or any facility in interstate or foreign commerce, with intent to
--
``(1) distribute the proceeds of any unlawful activity;
``(2) commit any crime of violence to further any unlawful
activity; or
``(3) otherwise promote, manage, establish, carry on, or
facilitate the promotion, management, establishment, or
carrying on, of any unlawful activity,
and thereafter performs, attempts to perform, or conspires to perform--
``(A) an act described in paragraph (1) or (3)
shall be fined under this title, imprisoned not more
than 10 years, or both; ;or
``(B) an act described in paragraph (2) shall be
fined under this title, imprisoned for not more than 20
years, or both, and if death results shall be sentenced
to death or be imprisoned for any term of years or for
life.''.
(2) Unlawful activities.--Section 1952(b) of title 18,
United States Code, is amended to read as follows:
``(b) As used in this section--
``(1) the term `unlawful activity' means--
``(A) activity of a criminal street gang as defined
in section 521 of this title;
``(B) any business enterprise involving gambling,
liquor on which the Federal excise tax has not been
paid, narcotics or controlled substances (as defined in
section 102(6) of the Controlled Substances Act (21
U.S.C. 802(6)), or prostitution offenses in violation
of the laws of the State in which the offense is
committed or of the United States.
``(C) extortion; bribery; arson; robbery; burglary;
assault with a deadly weapon; retaliation against or
intimidation of witnesses, victims, jurors, or
informants; assault resulting in bodily injury;
possession or trafficking of stolen property;
trafficking in firearms; kidnapping; alien smuggling;
shooting at an occupied dwelling or motor vehicle; or
insurance fraud; in violation of the laws of the State
in which the offense is committed or of the United
States; or
``(D) any act that is indictable under subchapter
II of chapter 53 of title 31, United States Code, or
under section 1956 or 1957 of this title; and
``(2) the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(b) Sentencing Guidelines.--Pursuant to its authority under section
994(p) of titl3 28, United States Code, the United States Sentencing
Commission shall amend chapter 2 of the Federal Sentencing Guidelines
so that--
(1) the base offense level for traveling in interstate or
foreign commerce in aid of a street gang or other racketeering
enterprise is increased to 12; and
(2) the base offense level for the commission of a violent
crime in aid of a street gang or other racketeering enterprise
is increased to 24.
SEC. 5. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL GANG
ACTIVITY.
(a) Prohibited Acts.--Chapter 26 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 522. Recruitment of persons to participate in criminal gang
activity
``(a) Prohibited Act.--It shall be unlawful for any person to--
``(1) use any facility of, or travel in, interstate or
foreign commerce, or cause another to do so, to solicit,
request, induce, counsel, command, cause, or facilitate the
participation of, a person to participate in a criminal street
gang, or otherwise cause another to do so, or conspire to do
so; or
``(2) solicit, request, induce, counsel, command, cause, or
facilitate the participation of a person to engage in crime for
which such person may be prosecuted in a court of the United
States, or otherwise cause another to do so, or conspire to do
so.
``(b) Penalties.--A person who violates subsection (a) shall--
``(1)(A) if the person is a minor, be imprisoned for not
less than 4 years and not more than 10 years, fined not more
than $250,000, or both; or
``(B) if the person is not a minor, be imprisoned for not
less than 1 year and not more than 10 years, fined not more
than $250,000, or both; and
``(2) be liable for any costs incurred by the Federal
Government or by any State or local government for housing,
maintaining, and treating the minor until the minor reaches the
age of 18.
``(c) Definitions.--For purposes of this section--
``(1) the term `criminal street gang' has the same meaning
given such term in section 521; and
``(2) the term `minor' means a person who is younger than
18 years of age.''.
(b) Sentencing Guidelines.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States Sentencing
Commission shall amend chapter 2 of the Federal Sentencing Guidelines
so that the base offense level for recruitment of a minor to
participate in a gang activity is 12.
(c) Technical Amendment.--The analysis for chapter 26 of title 18,
United States Code, is amended by adding at the end the following new
item:
``522. Recruitment of persons to participate in criminal gang
activity.''.
SEC. 6. CRIMES INVOLVING THE USE OF MINORS AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is amended--
(1) by striking ``or'' before ``(E)''; and
(2) by inserting before the semicolon at the end of the
paragraph the following: ``, or (F) any offense against the
United States that is punishable by imprisonment for more than
1 year and that involved the use of a person under the age of
18 years in the commission of the offense''.
SEC. 7. TRANSFER OF FIREARMS TO MINORS FOR USE IN CRIME.
Section 924(h) of title 18, United States Code, is amended by
striking ``10 years, fined in accordance with this title, or both'' and
inserting ``10 years, and if the transferee is a person who is under 18
years of age, not less than 3 years; fined under this title; or both''.
SEC. 8. PENALTIES.
Section 924(a) of title 18, United States Code, is amended--
(1) by redesignating paragraph (5), as added by section
110201(b)(2) of the Violent Crime Control and Law Enforcement
Act of 1994, as paragraph (6); and
(2) in paragraph (6), as so redesignated--
(A) by striking subparagraph (A);
(B) in subparagraph (B)--
(i) by striking ``(B) A person other than a
juvenile who knowingly'' and inserting ``(A) A
person who knowingly'';
(ii) in clause (i), by striking ``1 year''
and inserting ``not less than 1 year and not
more than 5 years''; and
(iii) in clause (ii), by inserting ``not
less than 1 year and'' after ``imprisoned'';
and
(C) by adding at the end the following new
subparagraph:
``(B) Notwithstanding subparagraph (A), no mandatory
minimum sentence shall apply to a juvenile who is less than 13
years of age.''.
SEC. 9. THE JAMES GUELFF BODY ARMOR ACT.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 931. Use of body armor in Federal offenses
``(a) Prohibited Activity.--It shall be unlawful to use body armor
in the commission of a Federal crime.
``(b) Applicability.--This section shall not apply if the Federal
crime in which the body armor is used constitutes a violation of the
civil rights of a person by a law enforcement officer acting under
color of the authority of such law enforcement officer.
``(c) Definitions.--For purposes of this section--
``(1) the term `body armor' means any product sold or
offered for sale as personal protective body covering intended
to protect against gunfire, regardless of whether the product
is to be worn alone or is sold as a complement to another
product or garment; and
``(2) the term `law enforcement officer' means any officer,
agent, or employee of the United States, a State, or a
political subdivision of a State, authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
``(d) Penalties.--
``(1) Imprisonment.--Whoever knowingly violates this
section shall be imprisoned for a term of 2 years.
``(2) Construction.--A sentence under this paragraph shall
be consecutive to any sentence imposed for the Federal crime in
which the body armor was used.''.
(b) Conforming Amendment.--The analysis for chapter 44 of title 18,
United States Code, is amended by adding at the end the following new
item:
``931. Use of body armor in Federal offenses.''.
SEC. 10. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT
PREDICATES.
Section 924(e)(2)(A) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by adding ``or'' at the end of clause (ii); and
(3) by adding at the end the following new clause:
``(iii) any act of juvenile delinquency
that if committed by an adult would be an
offense described in clause (i) or (ii);''.
SEC. 11. INCREASE IN TIME LIMITS FOR JUVENILE PROCEEDINGS.
Section 5036 of title 18, United States Code, is amended by
striking ``thirty'' and inserting ``70''.
SEC. 12. APPLYING RACKETEERING OFFENSES TO ALIEN SMUGGLING AND FIREARMS
OFFENSES.
Section 1961(1) of title 18, United States Code, as amended by
section 6 of this Act, is amended by inserting before the semicolon at
the end the following: ``, (G) any act, or conspiracy to commit any
act, in violation of section 274(a)(1)(A), 277, or 278 of the
Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A), 1327, or
1328), or (H) any act or conspiracy to commit any act in violation of
chapter 44 of this title (relating to firearms)''.
SEC. 13. USE OF LINGUISTS.
(a) In General.--The Secretary of State shall identify qualified
translators who the Secretary shall make available to assist Federal
law enforcement agencies in criminal investigations by monitoring legal
wiretaps and translating recorded conversations.
(b) Emphasis.--In carrying out subsection (a), the Secretary of
State shall place special emphasis on translators in States in which
most criminal street gangs and organized crime syndicates operate.
SEC. 14. ADDITIONAL PROSECUTORS.
There are authorized to be appropriated $20,000,000 for each of
fiscal years 1997, 1998, 1999, 2000, and 2001 for the hiring of
additional Assistant United States Attorneys to prosecute violent youth
gangs. | Federal Gang Violence Act - Directs the United States Sentencing Commission to amend chapter three of the Federal Sentencing Guidelines to increase the offense level by six, in addition to any other adjustment, except with respect to trafficking in cocaine base, if a defendant was a member of a criminal street gang at the time of the offense.
Revises Federal criminal code provisions regarding criminal street gangs to modify or establish the definitions of "conviction," "criminal street gang," and "pattern of criminal activity" to make reference to "predicate gang crimes." Defines "predicate gang crimes" to include: (1) a State offense that involves a controlled substance for which the maximum penalty is not less than five years' imprisonment or that is a felony crime of violence that has as an element the use or attempted use of physical force against another; (2) any Federal or State felony offense that involves a substantial risk that physical force may be used against another; and (3) specified Federal or State offenses, including a conspiracy, attempt, or solicitation to commit such offenses.
Increases penalties for interstate and foreign travel or transportation in aid of racketeering. Includes criminal street gang activity within the term "unlawful activity" for purposes of such provisions. Directs the Commission to increase the base offense level for: (1) traveling in interstate or foreign commerce in aid of a street gang or other racketeering enterprise; and (2) the commission of a violent crime in aid of a street gang or other racketeering enterprise.
Prohibits and sets penalties for: (1) soliciting or recruiting persons to participate in criminal gang activity; and (2) using body armor in the commission of a Federal crime.
Makes: (1) crimes involving the use of minors, firearms offenses, and alien smuggling predicate offenses under the Racketeer Influenced and Corrupt Organizations Act; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act.
Increases penalties for transferring a firearm to a minor, with knowledge that it will be used to commit a crime of violence or drug trafficking crime.
Increases the time limit within which an alleged delinquent who is in detention pending trial must be brought to trial.
Requires the Secretary of State to identify qualified translators to be made available to assist Federal law enforcement agencies in criminal investigations by monitoring legal wiretaps and translating recorded conversations.
Authorizes appropriations for the hiring of additional Assistant U.S. Attorneys to prosecute violent youth gangs. | Federal Gang Violence Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pulmonary Fibrosis Research
Enhancement Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Pulmonary fibrosis (in this section referred to as
``PF'') is a relentlessly progressive, ultimately fatal disease
that affects the lungs, gradually robbing a person of the
ability to breathe.
(2) More than 200,000 individuals may be living with PF in
the United States, 48,000 individuals in the United States are
diagnosed with PF annually, and as many as 40,000 die annually.
(3) Prevalence of PF has increased more than 150 percent
since 2001, and is expected to continue rising.
(4) The median survival rate for a person with PF is 2.8
years.
(5) The cause of PF is not well understood, and in most
cases is unknown, though there is growing evidence that one
cause of PF may be environmental or occupational exposure to
pollutants.
(6) There is no Food and Drug Administration-approved
treatment or cure for PF.
(7) Public awareness of PF remains low compared to rare
diseases of lesser prevalence, despite PF's increasing
prevalence.
(8) There has been no federally funded national awareness
or educational effort to improve understanding of PF in the
public or medical communities, though nonprofit patient
education and research groups have begun to increase awareness.
The first Federal legislation expressing Congress's support for
PF research, H. Con. Res. 182, was agreed to by both Houses of
Congress in 2007.
SEC. 3. PULMONARY FIBROSIS ADVISORY BOARD AND REGISTRY.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317T the following:
``SEC. 317U. PULMONARY FIBROSIS ADVISORY BOARD AND REGISTRY.
``(a) Advisory Board.--
``(1) Establishment.--Not later than 90 days after the date
of the enactment of this section, the Secretary, acting through
the Director of the Centers for Disease Control and Prevention,
shall establish a board to be known as the National Pulmonary
Fibrosis Advisory Board (in this section referred to as the
`Advisory Board'). The Advisory Board shall be composed of at
least one member, to be appointed by the Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, representing each of the following:
``(A) The National Institutes of Health.
``(B) The National Institute of Environmental
Health Sciences.
``(C) The Department of Veterans Affairs.
``(D) The Agency for Toxic Substances and Disease
Registry.
``(E) The Centers for Disease Control and
Prevention.
``(F) Patients with PF or their family members and
other individuals with an interest in developing and
maintaining the National PF Registry.
``(G) Patient advocates, including organizations
representing such advocates.
``(H) Clinicians with expertise on PF and related
diseases.
``(I) Epidemiologists with experience working with
data registries.
``(J) Geneticists or experts in genetics who have
experience with the genetics of PF or other
interstitial lung diseases.
``(2) Duties.--The Advisory Board shall--
``(A) review information and make recommendations
to the Secretary concerning--
``(i) the development and maintenance of
the National PF Registry;
``(ii) the type of information to be
collected and stored in the National PF
Registry;
``(iii) the manner in which such data is to
be collected;
``(iv) the use and availability of such
data, including guidelines for such use; and
``(v) the collection of information about
diseases and disorders that primarily affect
the lungs that are considered essential to
furthering the study and cure of PF; and
``(B) consult with the Director of the Centers for
Disease Control and Prevention regarding preparation of
the National Pulmonary Fibrosis Education and Awareness
Plan under section 4(a) of the Pulmonary Fibrosis
Research Enhancement Act.
``(3) Report.--Not later than 1 year after the date of
enactment of this section, the Advisory Board shall submit to
the Secretary, the Committee on Energy and Commerce of the
House of Representatives, and the Health, Education, Labor, and
Pensions Committee of the Senate a report on the review
conducted under paragraph (2), including the recommendations of
the Advisory Board resulting from such review.
``(b) Establishment of Registry.--
``(1) In general.--Not later than 1 year after the receipt
of the report required by subsection (a)(3), the Secretary,
acting through the Director of the Centers for Disease Control
and Prevention and in consultation with patients, patient
advocates, and others with expertise in research and care of
pulmonary fibrosis (referred to in this section as `PF'),
shall--
``(A) develop a system to collect data on PF and
other interstitial lung diseases that are related to
PF, including information with respect to the incidence
and prevalence of the disease in the United States; and
``(B) establish a national registry (in this
section referred to as the `National PF Registry')
that--
``(i) is used for the collection and
storage of data described in subparagraph (A);
and
``(ii) includes a population-based registry
of cases in the United States of PF and other
interstitial lung diseases that are related to
PF.
``(2) Purpose.--The purpose of the National PF Registry
shall be to gather available data concerning--
``(A) PF, including the incidence and prevalence of
PF in the United States;
``(B) environmental and occupational factors that
may be associated with the disease;
``(C) age, race or ethnicity, gender, and family
history of individuals who are diagnosed with the
disease;
``(D) pathogenesis of PF; and
``(E) other matters as determined appropriate by
the Secretary.
``(c) Coordination With State, Local, and Federal Registries.--
``(1) In general.--In establishing the National PF Registry
under subsection (b), the Secretary shall--
``(A) identify, build upon, expand, and coordinate
among existing data and surveillance systems, surveys,
registries, and other Federal public health and
environmental infrastructure wherever possible,
including--
``(i) existing systems in place at
universities, medical centers, and government
agencies;
``(ii) State-based PF registries, National
Institutes of Health registries, and Department
of Veterans Affairs registries, as available;
and
``(iii) any other relevant databases that
collect or maintain information on interstitial
lung diseases; and
``(B) provide for research access to PF data in
accordance with applicable statutes and regulations,
including those protecting personal privacy.
``(2) Coordination with nih and department of veterans
affairs.--Consistent with applicable privacy statutes and
regulations, the Secretary shall ensure that epidemiological
and other types of information obtained under subsection (b) is
made available to the National Institutes of Health and the
Department of Veterans Affairs.''.
SEC. 4. NATIONAL PULMONARY FIBROSIS EDUCATION AND AWARENESS PLAN.
(a) In General.--
(1) Preparation of plan.--The Director of the Centers for
Disease Control and Prevention, in consultation with the
National Pulmonary Fibrosis Advisory Board established under
section 317U of the Public Health Service Act, as added by
section 3 of this Act, shall prepare a comprehensive plan (in
this section referred to as the ``National Pulmonary Fibrosis
Education and Awareness Plan'').
(2) Report to congress.--Not later than one year after the
date of the enactment of this Act, and at the same time as the
report is submitted under section 317U(a)(3) of the Public
Health Service Act, the Director of the Centers for Disease
Control and Prevention shall submit the National Pulmonary
Fibrosis Education and Awareness Plan to the Committee on
Energy and Commerce and the Committee on Appropriations of the
House of Representatives and to the Committee on Health,
Education, Labor, and Pensions and the Committee on
Appropriations of the Senate.
(b) Content.--The National Pulmonary Fibrosis Education and
Awareness Plan shall--
(1) focus on strategies to increase public education and
awareness of pulmonary fibrosis;
(2) accelerate patient education strategies, with respect
to pulmonary fibrosis, nationwide;
(3) address the need for new physician education strategies
to improve diagnosis and treatment standards with respect to
pulmonary fibrosis;
(4) assess and monitor the costs of pulmonary fibrosis and
its burden on patients and families; and
(5) develop such strategies in partnership with patients,
patient advocates, and others with expertise in research and
care of pulmonary fibrosis.
SEC. 5. PULMONARY FIBROSIS RESEARCH EXPANSION.
Subpart 2 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285b et seq.) is amended by inserting after section 424C the
following:
``SEC. 424D. PULMONARY FIBROSIS RESEARCH EXPANSION.
``The Director of the Institute is encouraged to expand, intensify,
and coordinate the activities of the Institute with respect to research
on pulmonary fibrosis, as appropriate.''. | Pulmonary Fibrosis Research Enhancement Act - Amends the Public Health Service Act to require the Director of the Centers for Disease Control and Prevention (CDC) to: (1) establish the National Pulmonary Fibrosis Advisory Board, (2) develop a system to collect data on pulmonary fibrosis and other interstitial lung diseases, and (3) establish the National PF Registry.
Requires the Secretary of Health and Human Services (HHS), in developing the Registry, to: (1) expand and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure; and (2) provide for research access to pulmonary fibrosis data.
Directs the Secretary to ensure that epidemiological and other types of information are made available to the National Institutes of Health (NIH) and the Department of Veterans Affairs (VA).
Requires the Director of CDC to prepare the National Pulmonary Fibrosis Education and Awareness Plan, which shall: (1) focus on strategies to increase public education and awareness of pulmonary fibrosis, (2) address the need for new physician education strategies to improve diagnosis and treatment standards, and (3) assess and monitor the costs of pulmonary fibrosis and its burden on patients and families.
Encourages the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate Institute pulmonary fibrosis research activities. | To expand the research, prevention, and awareness activities of the Centers for Disease Control and Prevention and the National Institutes of Health with respect to pulmonary fibrosis, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Farmington River and Salmon
Brook Wild and Scenic River Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Lower Farmington River and Salmon Brook Study Act
of 2005 (Public Law 109-370) authorized the study of the
Farmington River downstream from the segment designated as a
recreational river by section 3(a)(156) of the Wild and Scenic
Rivers Act (16 U.S.C. 1277(a)(156)) to its confluence with the
Connecticut River, and the segment of the Salmon Brook
including its main stem and east and west branches for
potential inclusion in the National Wild and Scenic Rivers
System;
(2) the studied segments of the Lower Farmington River and
Salmon Brook support natural, cultural, and recreational
resources of exceptional significance to the citizens of
Connecticut and the Nation;
(3) concurrently with the preparation of the study, the
Lower Farmington River and Salmon Brook Wild and Scenic Study
Committee prepared the Lower Farmington River and Salmon Brook
Management Plan, June 2011, that establishes objectives,
standards, and action programs that will ensure the long-term
protection of the outstanding values of the river segments
without Federal management of affected lands not owned by the
United States;
(4) the Lower Farmington River and Salmon Brook Wild and
Scenic Study Committee has voted in favor of Wild and Scenic
River designation for the river segments, and has included this
recommendation as an integral part of the management plan;
(5) there is strong local support for the protection of the
Lower Farmington River and Salmon Brook, including votes of
support for Wild and Scenic designation from the governing
bodies of all ten communities abutting the study area;
(6) the State of Connecticut General Assembly has endorsed
the designation of the Lower Farmington River and Salmon Brook
as components of the National Wild and Scenic Rivers System
(Public Act 08-37); and
(7) the Rainbow Dam and Reservoir are located entirely
outside of the river segment designated by section 3 of this
Act, and, based on the findings of the study of the Lower
Farmington River pursuant to Public Law 109-370, this
hydroelectric project (including all aspects of its facilities,
operations and transmission lines) is compatible with the
designation made by section 3 of this Act.
SEC. 3. DESIGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following new paragraph:
``(213) Lower farmington river and salmon brook,
connecticut.--Segments of the main stem and its tributary,
Salmon Brook, totaling approximately 62 miles, to be
administered by the Secretary of the Interior as follows:
``(A) The approximately 27.2-mile segment of the
Farmington River beginning 0.2 miles below the tailrace
of the Lower Collinsville Dam and extending to the site
of the Spoonville Dam in Bloomfield and East Granby as
a recreational river.
``(B) The approximately 8.1-mile segment of the
Farmington River extending from 0.5 miles below the
Rainbow Dam to the confluence with the Connecticut
River in Windsor as a recreational river.
``(C) The approximately 2.4-mile segment of the
main stem of Salmon Brook extending from the confluence
of the East and West Branches to the confluence with
the Farmington River as a recreational river.
``(D) The approximately 12.6-mile segment of the
West Branch of Salmon Brook extending from its
headwaters in Hartland, Connecticut to its confluence
with the East Branch of Salmon Brook as a recreational
river.
``(E) The approximately 11.4-mile segment of the
East Branch of Salmon Brook extending from the
Massachusetts-Connecticut State line to the confluence
with the West Branch of Salmon Brook as a recreational
river.''.
SEC. 4. MANAGEMENT.
(a) In General.--The river segments designated by section 3 shall
be managed in accordance with the management plan and such amendments
to the management plan as the Secretary determines are consistent with
this Act. The management plan shall be deemed to satisfy the
requirements for a comprehensive management plan pursuant to section
3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(b) Committee.--The Secretary shall coordinate the management
responsibilities of the Secretary under this Act with the Lower
Farmington River and Salmon Brook Wild and Scenic Committee, as
specified in the management plan.
(c) Cooperative Agreements.--
(1) In general.--In order to provide for the long-term
protection, preservation, and enhancement of the river segment
designated by section 3 of this Act, the Secretary is
authorized to enter into cooperative agreements pursuant to
sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act
with--
(A) the State of Connecticut;
(B) the towns of Avon, Bloomfield, Burlington, East
Granby, Farmington, Granby, Hartland, Simsbury, and
Windsor in Connecticut; and
(C) appropriate local planning and environmental
organizations.
(2) Consistency.--All cooperative agreements provided for
under this Act shall be consistent with the management plan and
may include provisions for financial or other assistance from
the United States.
(d) Land Management.--
(1) Zoning ordinances.--For the purposes of the segments
designated in section 3, the zoning ordinances adopted by the
towns in Avon, Bloomfield, Burlington, East Granby, Farmington,
Granby, Hartland, Simsbury, and Windsor in Connecticut,
including provisions for conservation of floodplains, wetlands
and watercourses associated with the segments, shall be deemed
to satisfy the standards and requirements of section 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(2) Acquisition of land.--The provisions of section 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that
prohibit Federal acquisition of lands by condemnation shall
apply to the segments designated in section 3 of this Act. The
authority of the Secretary to acquire lands for the purposes of
the segments designated in section 3 of this Act shall be
limited to acquisition by donation or acquisition with the
consent of the owner of the lands, and shall be subject to the
additional criteria set forth in the management plan.
(e) Rainbow Dam.--The designation made by section 3 shall not be
construed to--
(1) prohibit, pre-empt, or abridge the potential future
licensing of the Rainbow Dam and Reservoir (including any and
all aspects of its facilities, operations and transmission
lines) by the Federal Energy Regulatory Commission as a
federally licensed hydroelectric generation project under the
Federal Power Act; or Act, provided that the Commission may,
in the discretion of the Commission and consistent with this
Act, establish such reasonable terms and conditions in a
hydropower license for Rainbow Dam as are necessary to reduce
impacts identified by the Secretary as invading or unreasonably
diminishing the scenic, recreational, and fish and wildlife
values of the segments designated by section 3; or
(2) affect the operation of, or impose any flow or release
requirements on, the unlicensed hydroelectric facility at
Rainbow Dam and Reservoir.
(f) Relation to National Park System.--Notwithstanding section
10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Lower
Farmington River shall not be administered as part of the National Park
System or be subject to regulations which govern the National Park
System.
SEC. 5. FARMINGTON RIVER, CONNECTICUT, DESIGNATION REVISION.
Section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended in the first sentence--
(1) by striking ``14-mile'' and inserting ``15.1-mile'';
and
(2) by striking ``to the downstream end of the New
Hartford-Canton, Connecticut town line'' and inserting ``to the
confluence with the Nepaug River''.
SEC. 6. DEFINITIONS.
For the purposes of this Act:
(1) Management plan.--The term ``management plan'' means
the management plan referred to in section 2(3).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Lower Farmington River and Salmon Brook Wild and Scenic River Act (Sec. 3) This bill amends the Wild and Scenic Rivers Act to designate specified segments of the Lower Farmington River and Salmon Brook in Connecticut as components of the National Wild and Scenic Rivers System. (Sec. 4) The Department of the Interior shall manage: (1) the river segments according to the Lower Farmington River and Salmon Brook Management Plan, dated June 2011; and (2) coordinate the management responsibilities of Interior under this Act relating to such segments with the Lower Farmington River and Salmon Brook Wild and Scenic Committee. Authorizes Interior to enter into cooperative agreements with: (1) the state of Connecticut; (2) the towns of Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut; and (3) appropriate local planning and environmental organizations. For purposes of the segments designated by this Act, the zoning ordinances adopted by the towns, including provisions for the conservation of floodplains, wetlands, and watercourses associated with such segments, shall be deemed to satisfy the Act's standards and requirements limiting or prohibiting federal acquisition of lands by condemnation. The authority of Interior to acquire lands for the purposes of such segments shall be limited to acquisition by donation or with the owner's consent and shall be subject to additional management plan criteria. The designation made by this Act shall not be construed to prohibit, pre-empt, or abridge the potential future licensing or re-licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations, and transmission lines) by the Federal Energy Regulatory Commission (FERC) as a federally licensed hydroelectric generation project, provided that FERC may, in its discretion and consistent with this Act, establish any terms and conditions in a hydropower license for the Dam as necessary to reduce impacts that invade or unreasonably diminish the scenic, recreational, and fish and wildlife values of the designated segments. Neither shall the designation affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at the Dam and Reservoir. The Lower Farmington River shall not be administered as part of the National Park System or be subject to System regulations. (Sec. 5) The bill also revises the description of a specified designated segment of the Farmington River in Connecticut. | Lower Farmington River and Salmon Brook Wild and Scenic River Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Trade Community Relief Act''.
SEC. 2. DESIGNATION OF AND TAX INCENTIVES FOR NAFTA-IMPACTED
COMMUNITIES.
(a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subchapter:
``Subchapter XI--NAFTA-Impacted Communities
``Sec. 1400K. Designation of NAFTA-
impacted communities.
``Sec. 1400L. NAFTA-impacted community
employment credit.
``Sec. 1400M. Increase in expensing under
section 179.
``Sec. 1400N. NAFTA-impacted community
business defined.
``SEC. 1400K. DESIGNATION OF NAFTA-IMPACTED COMMUNITIES.
``(a) Designation.--
``(1) NAFTA-impacted community.--For purposes of this
title, the term `NAFTA-impacted community' means any area--
``(A) which is nominated by one or more local
governments and the State or States in which it is
located for designation as a community impacted by the
North American Free Trade Agreement (hereinafter in
this section referred to as a `nominated area'), and
``(B) which the Secretary of Commerce designates as
a NAFTA-impacted community, after consultation with--
``(i) in the case of an area in a rural
area, the Secretary of Agriculture;
``(ii) in the case of an area in an urban
area, the Secretary of Housing and Urban
Development; and
``(iii) in the case of an area on an Indian
reservation, the Secretary of the Interior.
``(2) Number of designations.--The Secretary of Commerce
may designate not more than 35 nominated areas as NAFTA-
impacted communities.
``(3) Areas designated based on degree of loss of jobs
resulting from nafta, etc.--Except as otherwise provided in
this section, the nominated areas designated as NAFTA-impacted
communities under this subsection shall be those nominated
areas with the highest average ranking with respect to the
criteria described in subsection (c)(3). For purposes of the
preceding sentence, an area shall be ranked within each such
criterion on the basis of the amount by which the area exceeds
such criterion, with the area which exceeds such criterion by
the greatest amount given the highest ranking.
``(4) Limitation on designations.--
``(A) Publication of regulations.--The Secretary of
Commerce shall prescribe by regulation no later than 4
months after the date of the enactment of this section,
after consultation with the officials described in
paragraph (1)(B)--
``(i) the procedures for nominating an area
under paragraph (1)(A),
``(ii) the parameters relating to the size
and population characteristics of a NAFTA-
impacted community, and
``(iii) the manner in which nominated areas
will be evaluated based on the criteria
specified in subsection (c).
``(B) Procedural rules.--The Secretary of Commerce
shall not make any designation of a nominated area as a
NAFTA-impacted community under paragraph (2) unless--
``(i) a nomination regarding such area is
submitted in such a manner and in such form,
and contains such information, as the Secretary
of Commerce shall by regulation prescribe, and
``(ii) the Secretary of Commerce determines
that any information furnished is reasonably
accurate.
``(5) Nomination process for indian reservations.--For
purposes of this subchapter, in the case of a nominated area on
an Indian reservation, the reservation governing body (as
determined by the Secretary of the Interior) shall be treated
as being both the State and local governments with respect to
such area.
``(b) Period for Which Designation Is In Effect.--
``(1) In general.--Any designation of an area as a NAFTA-
impacted community shall remain in effect during the period
beginning on the date of the designation and ending on the
earliest of--
``(A) December 31, 2008,
``(B) the termination date designated by the State
and local governments in their nomination, or
``(C) the date the Secretary of Commerce revokes
such designation.
``(2) Revocation of designation.--The Secretary of Commerce
may revoke the designation under this section of an area if the
Secretary determines that the loss of jobs and other affects of
NAFTA on the area have been substantially alleviated. Such
determination shall include, at a minimum, a finding that the
unemployment rate in the area is equal to or lower than the
national unemployment rate, and a finding that new businesses
are being attracted to the area.
``(c) Area and Eligibility Requirements.--
``(1) In general.--The Secretary of Commerce may designate
a nominated area as a NAFTA-impacted community under subsection
(a) only if the area meets the requirements of paragraphs (2)
and (3) of this subsection.
``(2) Area requirements.--For purposes of paragraph (1), a
nominated area meets the requirements of this paragraph if--
``(A) the area is within the jurisdiction of one or
more local governments,
``(B) the boundary of the area is continuous,
``(C) the area does not include an empowerment zone
(as defined in section 1393(b)), and
``(D) the area does not include a renewal community
designated under section 1400E.
``(3) Eligibility requirements.--
``(A) In general.--For purposes of paragraph (1), a
nominated area meets the requirements of this paragraph
if the State and the local governments in which it is
located certify (and the Secretary of Commerce, after
such review of Department of Labor data and other
appropriate supporting data as he deems appropriate,
accepts such certification) that--
``(i) the unemployment rate in the area, as
determined by the most recent available data,
was at least 1 percentage point above the
national unemployment rate for the period to
which such data relate, and
``(ii) in the case of--
``(I) a rural area, at least 300
workers who live or work in the area
have been certified as eligible to
apply for NAFTA transitional adjustment
assistance under subchapter D of
chapter 2 of title II of the Trade Act
of 1974 (19 U.S.C. 2341 et seq.), and
``(II) an urban area, at least 500
workers have been so certified.
``(B) Rural area defined.--For purposes of this
section, the term `rural area' means an area--
``(i) which is within a local government
jurisdiction or jurisdictions with a population
of less than 10,000,
``(ii) which is outside of a metropolitan
statistical area (within the meaning of section
143(k)(2)(B)), or
``(iii) which is determined by the
Secretary of Commerce, after consultation with
the Secretary of Agriculture, to be a rural
area.
``(C) Urban area defined.--For purposes of this
section, the term `urban area' means any area that is
not a rural area.
``(d) Coordination With Treatment of Enterprise Communities.--For
purposes of this title, if there are in effect with respect to the same
area both--
``(1) a designation as a NAFTA-impacted community, and
``(2) a designation as an enterprise community,
both of such designations shall be given full effect with respect to
such area.
``(e) Definitions and Special Rules.--For purposes of this
subchapter, rules similar to the rules of paragraphs (5) and (7) of
section 1393 shall apply.
``SEC. 1400L. NAFTA-IMPACTED COMMUNITY EMPLOYMENT CREDIT.
``(a) Amount of Credit.--For purposes of section 38, the amount of
the NAFTA-impacted community employment credit determined under this
section with respect to any employer for any taxable year is 8.5
percent of the qualified NAFTA-impacted community wages paid or
incurred during the calendar year which ends with or within such
taxable year.
``(b) Qualified NAFTA-Impacted Community Wages.--
``(1) In general.--For purposes of this section, the term
`qualified NAFTA-impacted community wages' means any wages paid
or incurred by an employer for services performed by an
employee while such employee is a qualified NAFTA-impacted
community employee.
``(2) Only first $15,000 of wages per year taken into
account.--With respect to each qualified NAFTA-impacted
community employee, the amount of qualified NAFTA-impacted
community wages which may be taken into account for a calendar year
shall not exceed $15,000.
``(3) Coordination with work opportunity credit.--
``(A) In general.--The term `qualified NAFTA-
impacted community wages' shall not include wages taken
into account in determining the credit under section
51.
``(B) Coordination with paragraph (2).--The $15,000
amount in paragraph (2) shall be reduced for any
calendar year by the amount of wages paid or incurred
during such year which are taken into account in
determining the credit under section 51.
``(c) Qualified NAFTA-Impacted Community Employee.--For purposes of
this section--
``(1) In general.--Except as otherwise provided in this
subsection, the term `qualified NAFTA-impacted community
employee' means, with respect to any period, any employee of an
employer if--
``(A) substantially all of the services performed
during such period by such employee for such employer
are performed within a NAFTA-impacted community in a
trade or business of the employer, and
``(B) the principal place of abode of such employee
while performing such services is within such NAFTA-
impacted community.
``(2) Other rules.--Rules similar to the rules of
paragraphs (2) and (3) of section 1396(d) shall apply.
``(d) Other Definitions and Special Rules.--For purposes of this
section, the rules of section 1397 shall apply.
``SEC. 1400M. INCREASE IN EXPENSING UNDER SECTION 179.
``(a) General Rule.--In the case of a NAFTA-impacted community
business (as defined in section 1400N), for purposes of section 179--
``(1) the limitation under section 179(b)(1) shall be
increased by the lesser of--
``(A) $10,000, or
``(B) the cost of section 179 property which is
qualified NAFTA-impacted property placed in service
during the taxable year, and
``(2) the amount taken into account under section 179(b)(2)
with respect to any section 179 property which is qualified
NAFTA-impacted property shall be 50 percent of the cost
thereof.
``(b) Recapture.--Rules similar to the rules under section
179(d)(10) shall apply with respect to any qualified NAFTA-impacted
property which ceases to be used in a NAFTA-impacted community by a
NAFTA-impacted community business.
``(c) Qualified NAFTA-Impacted Property.--For purposes of this
section--
``(1) In general.--The term `qualified NAFTA-impacted
property' means section 179 property (as defined in section
179(d)) if--
``(A) such property was acquired by the taxpayer
after December 31, 1999, and before January 1, 2007,
and
``(B) such property would be qualified zone
property (as defined in section 1397C) if references to
NAFTA-impacted communities were substituted for
references to empowerment zones in section 1397C.
``(2) Certain rules to apply.--The rules of subsections
(a)(2) and (b) of section 1397C shall apply for purposes of
this section.
``SEC. 1400N. NAFTA-IMPACTED COMMUNITY BUSINESS DEFINED.
``For purposes of this part, the term `NAFTA-impacted community
business' means any entity or proprietorship which would be a qualified
business entity or qualified proprietorship under section 1397C if
references to NAFTA-impacted communities were substituted for
references to empowerment zones in such section.''.
(b) Technical and Conforming Amendments.--
(1) NAFTA-impacted community employment credit part of
general business credit.--
(A) Subsection (b) of section 38 of such Code
(relating to current year business credit) is amended
by striking ``plus'' at the end of paragraph (12), by
striking the period at the end of paragraph (13) and
inserting ``, plus'', and by adding at the end the
following new paragraph:
``(14) the NAFTA-impacted community employment credit
determined under section 1400L(a).''.
(B) Subsection (d) of section 39 of such Code
(relating to carryback and carryforward of unused
credits) is amended by adding at the end the following
new paragraph:
``(10) No carryback of section 1400l credit before
effective date.--No portion of the unused business credit for
any taxable year which is attributable to the credit determined
under section 1400L (relating to NAFTA-impacted community
employment credit) may be carried to any taxable year ending before
January 1, 2000.''.
(2) Denial of deduction for portion of wages equal to
nafta-impacted community employment credit.--
(A) Subsection (a) of section 280C (relating to
rule for employment credits) is amended by striking
``and 1396(a)'' and inserting ``1396(a), and
1400L(a)''.
(B) Subsection (c) of section 196 (relating to
deduction for certain unused business credits) is
amended by striking ``and'' at the end of paragraph
(8), by striking the period at the end of paragraph (9)
and inserting ``, and'', and by adding at the end the
following new paragraph:
``(10) the NAFTA-impacted community employment credit
determined under section 1400L(a)''.
(3) Carryovers.--Subsection (c) of section 381 (relating to
carryovers in certain corporate acquisitions) is amended by
adding at the end the following new paragraph:
``(27) NAFTA-impacted community provisions.--The acquiring
corporation shall take into account (to the extent proper to
carry out the purposes of this section and subchapter XI, and
under such regulations as may be prescribed by the Secretary)
the items required to be taken into account for purposes of
subchapter XI in respect of the distributor or transferor
corporation.''.
(c) Clerical Amendments.--The table of subchapters for chapter 1 is
amended by adding at the end the following new item:
``Subchapter XI. NAFTA-Impacted
Communities.''
SEC. 3. GRANTS FOR JOB TRAINING ASSISTANCE FOR NAFTA-IMPACTED
COMMUNITIES.
(a) In General.--The Secretary of Labor shall provide grants to
States that contain NAFTA-impacted communities, as designated under
section 1400K of the Internal Revenue Code of 1986 (as added by section
2(a) of this Act), for the purpose of providing sub-grants to nonprofit
organizations and community or junior colleges in order to provide
short-term job training courses, courses in entrepreneurism and self-
employment, and other related job training assistance that will promote
the economic self-sufficiency of individuals located in NAFTA-impacted
communities.
(b) Maximum Amount of Grant.--The total amount provided under a
grant to a State under subsection (a) for a fiscal year may not exceed
the product of--
(1) $1,000,000; and
(2) the number of NAFTA-impacted communities located in the
State.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $35,000,000 for each of the fiscal years
2002 through 2008.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended. | Free Trade Community Relief Act - Amends the Internal Revenue Code to, among other things: (1) provide for the designation of NAFTA-impacted communities; (2) establish an employment credit for such communities; and (3) provide for job training grants to such communities. | To amend the Internal Revenue Code of 1986 to provide tax incentives and job training grants for communities affected by the migration of businesses and jobs to Canada or Mexico as a result of the North American Free Trade Agreement. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wild Sky Wilderness Act of 2007''.
SEC. 2. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--The following Federal lands in the State of
Washington are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System: certain
lands which comprise approximately 106,000 acres, as generally depicted
on a map entitled ``Wild Sky Wilderness Proposal'' and dated February
6, 2007, which shall be known as the ``Wild Sky Wilderness''.
(b) Maps and Legal Descriptions.--As soon as practicable after the
date of enactment of this Act, the Secretary of Agriculture shall file
a map and a legal description for the wilderness area designated under
this Act with the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of Representatives.
The map and description shall have the same force and effect as if
included in this Act, except that the Secretary of Agriculture may
correct clerical and typographical errors in the legal description and
map. The map and legal description shall be on file and available for
public inspection in the office of the Chief of the Forest Service,
Department of Agriculture.
SEC. 3. ADMINISTRATION PROVISIONS.
(a) In General.--
(1) Subject to valid existing rights, lands designated as
wilderness by this Act shall be managed by the Secretary of
Agriculture in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.) and this Act, except that, with respect to any
wilderness areas designated by this Act, any reference in the
Wilderness Act to the effective date of the Wilderness Act
shall be deemed to be a reference to the date of enactment of
this Act.
(2) To fulfill the purposes of this Act and the Wilderness
Act and to achieve administrative efficiencies, the Secretary
of Agriculture may manage the area designated by this Act as a
comprehensive part of the larger complex of adjacent and nearby
wilderness areas.
(b) New Trails.--
(1) The Secretary of Agriculture shall consult with
interested parties and shall establish a trail plan for Forest
Service lands in order to develop--
(A) a system of hiking and equestrian trails within
the wilderness designated by this Act in a manner
consistent with the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(B) a system of trails adjacent to or to provide
access to the wilderness designated by this Act.
(2) Within two years after the date of enactment of this
Act, the Secretary of Agriculture shall complete a report on
the implementation of the trail plan required under this Act.
This report shall include the identification of priority trails
for development.
(c) Repeater Site.--Within the Wild Sky Wilderness, the Secretary
of Agriculture is authorized to use helicopter access to construct and
maintain a joint Forest Service and Snohomish County telecommunications
repeater site, in compliance with a Forest Service approved
communications site plan, for the purposes of improving communications
for safety, health, and emergency services.
(d) Float Plane Access.--As provided by section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake
Isabel, where such use has already become established, shall be
permitted to continue subject to such reasonable restrictions as the
Secretary of Agriculture determines to be desirable.
(e) Evergreen Mountain Lookout.--The designation under this Act
shall not preclude the operation and maintenance of the existing
Evergreen Mountain Lookout in the same manner and degree in which the
operation and maintenance of such lookout was occurring as of the date
of enactment of this Act.
SEC. 4. AUTHORIZATION FOR LAND ACQUISITION.
(a) In General.--The Secretary of Agriculture is authorized to
acquire lands and interests therein, by purchase, donation, or
exchange, and shall give priority consideration to those lands
identified as ``Priority Acquisition Lands'' on the map described in
section 2(a). The boundaries of the Mt. Baker-Snoqualmie National
Forest and the Wild Sky Wilderness shall be adjusted to encompass any
lands acquired pursuant to this section.
(b) Access.--Consistent with section 5(a) of the Wilderness Act (16
U.S.C. 1134(a)), the Secretary of Agriculture shall ensure adequate
access to private inholdings within the Wild Sky Wilderness.
(c) Appraisal.--Valuation of private lands shall be determined
without reference to any restrictions on access or use which arise out
of designation as a wilderness area as a result of this Act.
SEC. 5. LAND EXCHANGES.
The Secretary of Agriculture shall exchange lands and interests in
lands, as generally depicted on a map entitled ``Chelan County Public
Utility District Exchange'' and dated May 22, 2002, with the Chelan
County Public Utility District in accordance with the following
provisions:
(1) If the Chelan County Public Utility District, within
ninety days after the date of enactment of this Act, offers to
the Secretary of Agriculture approximately 371.8 acres within
the Mt. Baker-Snoqualmie National Forest in the State of
Washington, the Secretary shall accept such lands.
(2) Upon acceptance of title by the Secretary of
Agriculture to such lands and interests therein, the Secretary
of Agriculture shall convey to the Chelan County Public Utility
District a permanent easement, including helicopter access,
consistent with such levels as used as of date of enactment, to
maintain an existing telemetry site to monitor snow pack on
1.82 acres on the Wenatchee National Forest in the State of
Washington.
(3) The exchange directed by this Act shall be consummated
if Chelan County Public Utility District conveys title
acceptable to the Secretary and provided there is no hazardous
material on the site, which is objectionable to the Secretary.
(4) In the event Chelan County Public Utility District
determines there is no longer a need to maintain a telemetry
site to monitor the snow pack for calculating expected runoff
into the Lake Chelan hydroelectric project and the
hydroelectric projects in the Columbia River Basin, the
Secretary shall be notified in writing and the easement shall
be extinguished and all rights conveyed by this exchange shall
revert to the United States. | Wild Sky Wilderness Act of 2007 - Designates certain lands in the Skykomish River valley, Washington, as the Wild Sky Wilderness, to be managed by the Secretary of Agriculture.
Directs the Secretary to establish a trail plan. Authorizes the use of helicopter access to construct and maintain a joint Forest Service-Snohomish County telecommunications repeater site to provide improved communication for safety, health, and emergency purposes. Authorizes the Secretary to acquire lands in the Wild Sky Wilderness by purchase, donation, or exchange, with priority to be given to specified Priority Acquisition Lands. Requires the boundaries of the Mt. Baker-Snoqualmie National Forest and the Wild Sky Wilderness to be adjusted to encompass any lands so acquired.
Requires the Secretary to accept specified lands within the Snoqualmie National Forest, Washington, from the Chelan County Public Utility District if the District offers such lands to the Secretary (in title acceptable to the Secretary, and provided there is no hazardous material on the site) in exchange for a permanent easement, including helicopter access, to maintain an existing telemetry site to monitor snow pack on land within the Wenatchee National Forest, Washington. Provides for extinguishment of the easement and reversion of all conveyed rights to the United States if the District no longer needs to maintain a telemetry site. | A bill to enhance ecosystem protection and the range of outdoor opportunities protected by statute in the Skykomish River valley of the State of Washington by designating certain lower-elevation Federal lands as wilderness, and for other purposes. |
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Family and Medical
Leave Clarification Act''.
(b) References.--Whenever in this Act an amendment 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 that section or other
provision of the Family and Medical Leave Act of 1993.
(c) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; references; table of contents.
Sec. 2. Findings.
Sec. 3. Definition of serious health condition.
Sec. 4. Intermittent leave.
Sec. 5. Request for leave.
Sec. 6. Substitution of paid leave.
Sec. 7. Certification requirements.
Sec. 8. Regulations.
Sec. 9. Effective date.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Family and Medical Leave Act of 1993 (in this
section referred to as the ``Act'') is not working as Congress
intended when it passed the Act in 1993. Many employers,
including those nationally recognized as having generous
family-friendly benefit and leave programs, are experiencing
serious problems complying with the Act.
(2) The Department of Labor's overly broad regulations and
interpretations have caused many of these problems by greatly
expanding the Act's coverage to apply to many non-serious
health conditions.
(3) Documented problems generated by the Act include
significant new administrative and personnel costs, loss of
productivity and scheduling difficulties, unnecessary paperwork
and record keeping, and other compliance problems.
(4) The Act often conflicts with employers' existing paid
sick leave policies and prevent employers from managing
absences through their absence control plans and results in
most leave under the Act becoming paid leave.
(5) The Commission on Leave, established in title III of
the Act, which reported few difficulties with compliance with
the Act, failed to identify many of the problems with
compliance because its study was conducted too soon after the
enactment of the Act and the most significant problems with
compliance arose only when employers later sought to comply
with the Act's final regulations and interpretations.
SEC. 3. DEFINITION OF SERIOUS HEALTH CONDITION.
(a) Amendment.--Section 101(11) (29 U.S.C. 2611(11)) is amended by
adding after and below subparagraph (B) the following:
``The term `serious health condition' does not cover short-term
conditions for which treatment and recovery are very brief.
Conditions covered include, for example, heart attacks, heart
conditions requiring extensive therapy or surgical procedures,
strokes, severe respiratory conditions, spinal injuries,
appendicitis, pneumonia, emphysema, severe arthritis, severe
nervous disorders, injuries caused by serious accidents on or
off the job, ongoing pregnancy, miscarriages, complications or
illnesses related to pregnancy, such as severe morning
sickness, the need for prenatal care, childbirth, and recovery
from childbirth.''.
(b) Regulations.--
(1) Repeal.--The regulations of the Secretary of Labor,
published at sections 825.114 and 825.115 of title 29 of the
Code of Federal Regulations, and opinion letters promulgated
thereunder shall be null and void on the effective date of
final regulations issued under paragraph (2).
(2) New regulations.--The Secretary of Labor shall revise
the regulations referred to in paragraph (1) and shall issue
proposed regulations making such revision not later than 90
days after the date of enactment of this Act and shall issue
final regulations not later than 180 days after such date of
enactment.
(3) Transition.--With respect to leaves and requests for
leave made under section 102 of the Family and Medical Leave
Act of 1993 occurring before the effective date of the final
regulations under paragraph (2), an employer may rely on the
regulations of the Secretary referred to in paragraph (1). In any
action to enforce the requirements of such Act pending on or after the
effective date of such final regulations, no provision of the
regulations referred to in paragraph (1) may be cited as evidence of an
employer's non-compliance with such Act.
SEC. 4. INTERMITTENT LEAVE.
Section 102(b)(1) (29 U.S.C. 2612(b)(1)) is amended by striking the
period at the end of the second sentence and inserting the following:
``as certified by the health care provider after each leave occurrence.
An employer may require an employee to take intermittent leave in
increments of up to one-half of a work day. Employers may require
employees who travel as part of their normal day-to-day work or duty
assignments to take leave for the duration of that work or assignment
if the employer cannot reasonably accommodate the employee's request to
take leave intermittently or on a reduced leave schedule.''.
SEC. 5. REQUEST FOR LEAVE.
Section 102(a) (29 U.S.C. 2612(a)) is amended by inserting after
paragraph (2) the following:
``(3) Request for leave.--When an employer does not
exercise under subsection (d)(2) the right to substitute other
employer provided leave for leave under this title, an employer
may require an employee who wants leave under this title to
request in a timely manner such leave. If required by the
employer, an employee who fails to make such a timely request
may be denied leave under this title.
``(4) Timeliness of request for leave.--As used in
paragraph (3) of this subsection, a request for leave is timely
if--
``(A) in the case of foreseeable leave, the
employee provides the applicable advance notice
required by subsection (e) and submits any written
application required by the employer within 5 working
days of providing the notice to the employer; and
``(B) in the case of unforeseeable leave, the
employee notifies the employer verbally of the need for
the leave no later than the time the leave commences
and submits any written application required by the
employer within 5 working days of providing the notice
to the employer, except that the 5-day period will be
extended as necessary if the employee is physically or
mentally incapable of providing notice or submitting
the application.''.
SEC. 6. SUBSTITUTION OF PAID LEAVE.
Section 102(d)(2) (29 U.S.C. 2612(d)(2)) is amended by adding at
the end the following:
``(C) Paid absence.--Notwithstanding subparagraphs
(A) and (B), with respect to leave provided under
subparagraph (D) of subsection (a)(1), where an
employer provides paid absence under an employer's
collective bargaining agreement, a welfare benefit plan
under the Employee Retirement Income Security Act of
1974, or under any other sick leave, sick pay, or
disability plan, program, or policy of the employer, an
employer may require the employee to choose between
such paid absence and unpaid leave provided under this
title.''.
SEC. 7. CERTIFICATION REQUIREMENTS.
Section 103(b)(3) (29 U.S.C. 2613(b)(3)) is amended to read as
follows:
``(3) the appropriate medical facts, which must be
documented by objective medical findings.''.
SEC. 8. REGULATIONS.
(a) General Rule.--Except as provided in section 3(b)(2), not later
than 6 months after the date of the enactment of this Act, the
Secretary of Labor shall review and revise all regulations promulgated
before such date to implement the Family and Medical Leave Act of 1993
to reflect the amendments made by this Act.
(b) With respect to actions taken by an employer before the
effective date of such revised regulations, compliance with the
regulations in effect before such date shall be deemed to constitute
full compliance with this Act. After the effective date of this Act,
the Secretary may not enforce regulations in effect before such date.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect upon the
expiration of 180 days after the date of the enactment of this Act. | Family and Medical Leave Clarification Act - Amends the Family and Medical Leave Act of 1993 (FMLA) to provide that the term serious health condition does not cover short-term conditions for which treatment and recovery are very brief. Lists examples of conditions which are covered by such term.
(Sec. 3) Voids specified regulations and opinion letters of the Secretary of Labor under FMLA on the effective date of new final regulations. Directs the Secretary to revise such regulations and issue new proposed and final regulations by certain deadlines.
(Sec. 4) Revises requirements for FMLA leave taken intermittently or on a reduced leave scheduleor. Requires certification by the health care provider of the medical necessity of such leave. Authorizes employers to require: (1) an employee to take intermittent leave in increments of up to one-half of a work day; and (2) employees who travel as part of their normal day-to-day work or duty assignments to take leave for the duration of that work or assignment if the employer cannot reasonably accommodate the employee's request to take leave intermittently or on a reduced leave schedule.
(Sec. 5) Authorizes an employer who does not exercise the right to substitute other employer-provided leave for FMLA leave to require an employee to request such leave in a timely manner.
(Sec. 6) Authorizes an employer to require the employee to choose between FMLA unpaid leave and employer-provided paid absence.
(Sec. 7) Requires documentation by objective medical findings of the appropriate medical facts for purposes of certification of a request for leave under FMLA. | Family and Medical Leave Clarification Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Education Empowerment Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over 1,000,000 veterans attended institutions of higher
education in 2014.
(2) Veterans face unique challenges in transitioning from
the battlefield to the classroom and eventually to the
workforce, often including: age differences, family
obligations, significant time away from academic life, and
service-related disabilities.
(3) The National Endowment for the Humanities' Warrior-
Scholar Project found that ``veterans transitioning to college
likely have not used academic skills since high school and have
difficulty adjusting to a fundamentally different social and
cultural environment, [leading] to veterans dropping out of
college before earning their degree''.
(4) The National Education Association found that veteran
students can feel lonely and vulnerable on campus and that
``connecting student veterans can effectively ease this
isolation'' by bringing together new veteran students with
those who have already successfully navigated the first few
semesters of college.
(5) The unemployment rate for post-9/11 veterans far
outpaces both the overall non-veteran unemployment rate and the
unemployment rate for non-veterans entering the workforce for
the first time.
(6) According to Mission United--a United Way program that
helps veterans re-acclimate to civilian life--it is often
``essential'' for veteran students to be mentored by ``another
veteran who understands their mindset and experience''.
(7) Veteran Student Centers are recognized as an
institutional best practice by Student Veterans of America.
(8) The American Council on Education, which represents
more than 1,700 institutions of higher education across the
country, has called having a dedicated space for veterans on
campus ``a promising way for colleges and universities to
better serve veterans on campus'' and a ``critical'' component
of many colleges' efforts to serve their veteran students.
(9) The Department of Education included as one of its 8
Keys to Veterans' Success that colleges and universities should
``coordinate and centralize campus efforts for all veterans,
together with the creation of a designated space for them''.
(10) Budget constraints often make it difficult or
impossible for institutions of higher education to dedicate
space to veteran offices, lounges, or student centers.
(11) The 110th Congress authorized the funding of Veteran
Student Centers through the Centers of Excellence for Veteran
Student Success under part T of title VIII of the Higher
Education Act of 1965 (20 U.S.C. 1161t). Congress also chose to
appropriate funding for this program for fiscal year 2015 under
the Consolidated and Further Continuing Appropriations Act,
2015 (Public Law 113-235).
(12) According to the Department of Education, federally
funded Veteran Student Centers and staff have generated
improved recruitment, retention, and graduation rates, have
helped veteran students feel better connected across campus,
and have directly contributed to student veterans' successful
academic outcomes.
SEC. 3. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND IMPROVE VETERAN
STUDENT CENTERS.
Title VIII of the Higher Education Act of 1965 is amended by
striking part T (20 U.S.C. 1161t) and inserting the following:
``PART T--GRANTS FOR VETERAN STUDENT CENTERS
``SEC. 873. GRANTS FOR VETERAN STUDENT CENTERS.
``(a) Grants Authorized.--Subject to the availability of
appropriations under subsection (i), the Secretary shall award grants
to institutions of higher education or consortia of institutions of
higher education to assist in the establishment, maintenance,
improvement, and operation of Veteran Student Centers. The Secretary
shall award not more than 30 grants under this subsection.
``(b) Eligibility.--
``(1) Application.--An institution or consortium seeking a
grant under subsection (a) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Criteria.--The Secretary may award a grant under
subsection (a) to an institution or a consortium if the
institution or consortium meets each of the following criteria:
``(A) The institution or consortium enrolls in
undergraduate or graduate courses--
``(i) a significant number of veteran
students, members of the Armed Forces serving
on active duty, and members of a reserve
component of the Armed Forces; or
``(ii) a significant percentage of veteran
students,
as measured by comparing the overall enrollment of the
institution or consortium to the number, for the most recent
academic year for which data are available, of veteran
students, members of the Armed Forces serving on active duty,
and members of a reserve component of the Armed Forces who are
enrolled in undergraduate or graduate courses at the
institution or consortium.
``(B) The institution or consortium presents a
sustainability plan to demonstrate that its Veteran
Student Center will be maintained and will continue to
operate after the grant period of the grant received
under subsection (a) has ended.
``(3) Additional criteria.--In awarding grants under
subsection (a), the Secretary--
``(A) shall consider institutions or consortia
representing a broad spectrum of sectors and sizes,
including institutions or consortia from urban,
suburban, and rural regions of the United States; and
``(B) may provide consideration to institutions or
consortia that meet one or more of the following
criteria:
``(i) The institution or consortium is
located in a region or community that has a
significant population of veterans.
``(ii) The institution or consortium
carries out programs or activities that assist
veterans in the local community and the spouses
of veteran students.
``(iii) The institution or consortium
partners in its veteran-specific programming
with non-profit veteran service organizations,
local workforce development organizations, or
institutions of higher education.
``(iv) The institution or consortium
commits to hiring a staff at the Veteran
Student Center that includes veterans
(including veteran student volunteers and
veteran students participating in a Federal
work-study program under part C of title IV, a
work-study program administered by the
Secretary of Veteran Affairs, or a State work-
study program).
``(v) The institution or consortium commits
to using a portion of the grant received under
this section to develop an early-warning
veteran student retention program carried out
by the Veteran Student Center.
``(vi) The institution or consortium
commits to providing mental health counseling
to its veteran students and their spouses.
``(c) Use of Funds.--
``(1) In general.--An institution or consortium that is
awarded a grant under subsection (a) shall use such grant to
establish, maintain, improve, or operate a Veteran Student
Center.
``(2) Other allowable uses.--An institution or consortium
receiving a grant under subsection (a) may use a portion of
such funds to carry out supportive instruction services for
student veterans, including--
``(A) assistance with special admissions and
transfer of credit from previous postsecondary
education or experience; and
``(B) any other support services the institution or
consortium determines to be necessary to ensure the
success of veterans on campus in achieving education
and career goals.
``(d) Amounts Awarded.--
``(1) Duration.--Each grant awarded under subsection (a)
shall be for a 4-year period.
``(2) Total amount of grant and schedule.--Each grant
awarded under subsection (a) may not exceed a total of
$500,000. The Secretary shall disburse to an institution or
consortium the amounts awarded under the grant in such amounts
and at such times during the grant period as the Secretary
determines appropriate.
``(e) Report.--From the amounts appropriated to carry out this
section, and not later than 3 years after the date on which the first
grant is awarded under subsection (a), the Secretary shall submit to
Congress a report on the grant program established under subsection
(a), including--
``(1) the number of grants awarded;
``(2) the institutions of higher education and consortia
that have received grants;
``(3) with respect to each such institution of higher
education and consortium--
``(A) the amounts awarded;
``(B) how such institution or consortium used such
amounts;
``(C) a description of the students to whom
services were offered as a result of the award; and
``(D) data enumerating whether the use of the
amounts awarded helped veteran students at the
institution or consortium toward completion of a
degree, certificate, or credential;
``(4) best practices for veteran student success,
identified by reviewing data provided by institutions and
consortia that received a grant under this section; and
``(5) a determination by the Secretary with respect to
whether the grant program under this section should be extended
or expanded.
``(f) Termination.--The authority of the Secretary to carry out the
grant program established under subsection (a) shall terminate on the
date that is 4 years after the date on which the first grant is awarded
under subsection (a).
``(g) Department of Education Best Practices Website.--Subject to
the availability of appropriations under subsection (i) and not later
than 3 years after the date on which the first grant is awarded under
subsection (a), the Secretary shall develop and implement a website for
veteran student services at institutions of higher education, which
details best practices for serving veteran students at institutions of
higher education.
``(h) Definitions.--In this section:
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(2) Veteran student center.--The term `Veteran Student
Center' means a dedicated space on a campus of an institution
of higher education that provides students who are veterans or
members of the Armed Forces with the following:
``(A) A lounge or meeting space for such veteran
students, their spouses or partners, and veterans in
the community.
``(B) A centralized office for veteran services
that--
``(i) is a single point of contact to
coordinate comprehensive support services for
veteran students;
``(ii) is staffed by trained employees and
volunteers, which includes veterans and at
least one full-time employee or volunteer who
is trained as a veterans' benefits counselor;
``(iii) provides veteran students with
assistance relating to--
``(I) transitioning from the
military to student life;
``(II) transitioning from the
military to the civilian workforce;
``(III) networking with other
veteran students and veterans in the
community;
``(IV) understanding and obtaining
benefits provided by the institution of
higher education, Federal Government,
and State for which such students may
be eligible;
``(V) understanding how to succeed
in the institution of higher education,
including by understanding academic
policies, the course selection process,
and institutional policies and
practices related to the transfer of
academic credits; and
``(VI) understanding their
disability-related rights and
protections under the Americans with
Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C.
794) ; and
``(iv) provides comprehensive academic and
tutoring services for veteran students,
including peer-to-peer tutoring and academic
mentorship.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part such sums as may be necessary for
fiscal year 2016 and each of the 3 succeeding fiscal years.''.
SEC. 4. CONTINUATION OF AWARDS.
An institution of higher education that received a grant under
section 873 of the Higher Education Act of 1965 (20 U.S.C. 1161t)
before the date of enactment of this Act, as such section 873 (20
U.S.C. 1161t) was in effect on the day before the date of enactment of
this Act, shall continue to receive funds in accordance with the terms
and conditions of such grant. | Veteran Education Empowerment Act Amends the Higher Education Act of 1965 to require the Secretary of Education to award up to 30 four-year grants to institutions of higher education (IHEs) or consortia of IHEs to establish, maintain, and improve Veteran Student Centers. Permits a grantee to use a portion of the grant to provide veteran students with supportive instruction services. Requires a grantee to be an IHE or consortium that: (1) enrolls in undergraduate or graduate courses a significant number or percentage of veterans or members of the Armed Forces, and (2) presents a sustainability plan demonstrating that its Veteran Student Center will be maintained and will continue to operate after the grant ends. Defines a "Veteran Student Center" as a dedicated space on a campus that provides students who are veterans or members of the Armed Forces with: (1) a lounge or meeting space for themselves, their spouses or partners, and veterans in the community; (2) a centralized office for veteran services that is staffed by trained employees and volunteers and serves as a single point of contact to coordinate veterans support services; and (3) comprehensive academic and tutoring services to veterans. Requires that office to provide such students with assistance in: transitioning from the military to student life, transitioning from the military to the civilian workforce, networking with other veteran students and veterans in the community, understanding and obtaining benefits provided by the IHE and federal and state government for which they may be eligible, understanding how to succeed in the IHE, and understanding their disability-related rights and protections under specified federal laws. Requires the Secretary to develop and implement a website for veteran student services at IHEs, which details best practices for serving veteran students at IHEs. | Veteran Education Empowerment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect and Preserve International
Cultural Property Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the President should establish an
interagency coordinating committee to coordinate the efforts of the
executive branch to protect and preserve international cultural
property at risk from political instability, armed conflict, or natural
or other disasters. Such committee should--
(1) be chaired by a Department of State employee of Assistant
Secretary rank or higher, concurrent with that employee's other
duties;
(2) include representatives of the Smithsonian Institution and
Federal agencies with responsibility for the preservation and
protection of international cultural property;
(3) consult with governmental and nongovernmental
organizations, including the United States Committee of the Blue
Shield, museums, educational institutions, and research
institutions, and participants in the international art and
cultural property market on efforts to protect and preserve
international cultural property;
(4) coordinate core United States interests in--
(A) protecting and preserving international cultural
property;
(B) preventing and disrupting looting and illegal trade and
trafficking in international cultural property, particularly
exchanges that provide revenue to terrorist and criminal
organizations;
(C) protecting sites of cultural and archaeological
significance; and
(D) providing for the lawful exchange of international
cultural property.
SEC. 3. EMERGENCY PROTECTION FOR SYRIAN CULTURAL PROPERTY.
(a) In General.--The President shall exercise the authority of the
President under section 304 of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2603) to impose import restrictions set
forth in section 307 of that Act (19 U.S.C. 2606) with respect to any
archaeological or ethnological material of Syria--
(1) not later than 90 days after the date of the enactment of
this Act;
(2) without regard to whether Syria is a State Party (as
defined in section 302 of that Act (19 U.S.C. 2601)); and
(3) notwithstanding--
(A) the requirement of subsection (b) of section 304 of
that Act (19 U.S.C. 2603(b)) that an emergency condition (as
defined in subsection (a) of that section) applies; and
(B) the limitations under subsection (c) of that section.
(b) Annual Determination Regarding Certification.--
(1) Determination.--
(A) In general.--The President shall, not less often than
annually, determine whether at least 1 of the conditions
specified in subparagraph (B) is met, and shall notify the
appropriate congressional committees of such determination.
(B) Conditions.--The conditions referred to in subparagraph
(A) are the following:
(i) The Government of Syria is incapable, at the time a
determination under such subparagraph is made, of
fulfilling the requirements to request an agreement under
section 303 of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2602), including the
requirements under subsection (a)(3) of that section.
(ii) It would be against the United States national
interest to enter into such an agreement.
(2) Termination of restrictions.--
(A) In general.--Except as provided in subparagraph (B),
the import restrictions referred to in subsection (a) shall
terminate on the date that is 5 years after the date on which
the President determines that neither of the conditions
specified in paragraph (1)(B) are met.
(B) Request for termination.--If Syria requests to enter
into an agreement with the United States pursuant to section
303 of the Convention on Cultural Property Implementation Act
(19 U.S.C. 2602) on or after the date on which the President
determines that neither of the conditions specified in
paragraph (1)(B) are met, the import restrictions referred to
in subsection (a) shall terminate on the earlier of--
(i) the date that is 3 years after the date on which
Syria makes such a request; or
(ii) the date on which the United States and Syria
enter into such an agreement.
(c) Waiver.--
(1) In general.--The President may waive the import
restrictions referred to in subsection (a) for specified
archaeological and ethnological material of Syria if the President
certifies to the appropriate congressional committees that the
conditions described in paragraph (2) are met.
(2) Conditions.--The conditions referred to in paragraph (1)
are the following:
(A)(i) The owner or lawful custodian of the specified
archaeological or ethnological material of Syria has requested
that such material be temporarily located in the United States
for protection purposes; or
(ii) if no owner or lawful custodian can reasonably be
identified, the President determines that, for purposes of
protecting and preserving such material, the material should be
temporarily located in the United States.
(B) Such material shall be returned to the owner or lawful
custodian when requested by such owner or lawful custodian.
(C) There is no credible evidence that granting a waiver
under this subsection will contribute to illegal trafficking in
archaeological or ethnological material of Syria or financing
of criminal or terrorist activities.
(3) Action.--If the President grants a waiver under this
subsection, the specified archaeological or ethnological material
of Syria that is the subject of such waiver shall be placed in the
temporary custody of the United States Government or in the
temporary custody of a cultural or educational institution within
the United States for the purpose of protection, restoration,
conservation, study, or exhibition, without profit.
(4) Immunity from seizure.--Any archaeological or ethnological
material that enters the United States pursuant to a waiver granted
under this section shall have immunity from seizure under Public
Law 89-259 (22 U.S.C. 2459). All provisions of Public Law 89-259
shall apply to such material as if immunity from seizure had been
granted under that Public Law.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Finance of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Ways and Means of the House of Representatives.
(2) Archaeological or ethnological material of syria.--The term
``archaeological or ethnological material of Syria'' means cultural
property (as defined in section 302 of the Convention on Cultural
Property Implementation Act (19 U.S.C. 2601)) that is unlawfully
removed from Syria on or after March 15, 2011.
SEC. 4. REPORT.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter for the next 6 years, the President shall
submit to the appropriate congressional committees a report on the
efforts of the executive branch, during the 12-month period preceding
the submission of the report, to protect and preserve international
cultural property, including--
(1) whether an interagency coordinating committee as described
in section 2 has been established and, if such a committee has been
established, a description of the activities undertaken by such
committee, including a list of the entities participating in such
activities;
(2) a description of measures undertaken pursuant to relevant
statutes, including--
(A) actions to implement and enforce section 3 of this Act
and section 3002 of the Emergency Protection for Iraqi Cultural
Antiquities Act of 2004 (Public Law 108-429; 118 Stat. 2599),
including measures to dismantle international networks that
traffic illegally in cultural property;
(B) a description of any requests for a waiver under
section 3(c) of this Act and, for each such request, whether a
waiver was granted;
(C) a list of the statutes and regulations employed in
criminal, civil, and civil forfeiture actions to prevent
illegal trade and trafficking in cultural property;
(D) actions undertaken to ensure the consistent and
effective application of law in cases relating to illegal trade
and trafficking in cultural property; and
(E) actions undertaken to promote the legitimate commercial
and non-commercial exchange and movement of cultural property;
and
(3) actions undertaken in fulfillment of international
agreements on cultural property protection, including the
Convention for the Protection of Cultural Property in the Event of
Armed Conflict, done at The Hague May 14, 1954.
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 April 13, 2016. Protect and Preserve International Cultural Property Act (Sec. 2) This bill expresses the sense of Congress that the President should establish an interagency coordinating committee to coordinate and advance executive branch efforts to protect and preserve international cultural property at risk from political instability, armed conflict, or natural or other disasters. (Sec. 3) The President shall apply specified import restrictions with respect to any archaeological or ethnological material of Syria: within 90 days; without regard to whether Syria is a state party to the convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property (adopted by the General Conference of the United Nations Educational, Scientific, and Cultural Organization); and notwithstanding the requirement that an emergency condition applies. The President shall at least once a year determine whether at least one of the following conditions is met: (1) Syria is incapable of fulfilling the requirements to request an agreement pursuant to the Convention on Cultural Property Implementation Act, and (2) it would be against the U.S. national interest to enter into such an agreement. The President may waive such import restrictions for specified cultural property if the President certifies to Congress that: (1) the foreign owner or custodian of the specified cultural property has requested that the property be temporarily located in the United States for protection purposes, (2) the property shall be returned upon request to the foreign owner or custodian, and (3) the grant of a waiver will not contribute to illegal trafficking in cultural property or financing of criminal or terrorist activities. Any archaeological or ethnological material that enters the United States pursuant to a waiver shall have immunity from seizure under P.L. 89-259 (which provides immunity from seizure for cultural items imported for temporary exhibition.) (Sec. 4) The President shall report annually to Congress on executive branch efforts to protect and preserve international cultural property. | Protect and Preserve International Cultural Property Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Nurses Appreciation Act of 1999''.
SEC. 2. REVISED AUTHORITY FOR ADJUSTMENT OF BASIC PAY FOR NURSES AND
CERTAIN OTHER HEALTH-CARE PROFESSIONALS OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) Annual Adjustments Under Title 5.--Section 7451 of title 38,
United States Code, is amended--
(1) by striking subsections (d), (e), (f), and (g); and
(2) by adding after subsection (c) the following new
subsection (d):
``(d) The rates of basic pay for each grade in a covered position
shall (notwithstanding subsection (a)(3)(A)) be adjusted annually by
the same percentages as the rates of pay under the General Schedule are
adjusted pursuant to sections 5303 and 5304 of title 5. Adjustments
under this subsection shall be effective on the same date as the annual
adjustments made in accordance with such sections 5303 and 5304.''.
(b) Revised Title 38 Locality Pay Authority.--Such section is
further amended by adding after subsection (d), as added by subsection
(a) of this section, the following new subsection (e):
``(e)(1) Whenever after October 1, 2002, the Secretary determines
that the rates of basic pay in effect for a grade of a covered
position, as most recently adjusted under subsection (d), at a given
Department health-care facility are inadequate to recruit or retain
high-quality personnel in that grade at that facility, the Secretary
shall in accordance with this subsection adjust the rates of basic pay
for that grade at that facility.
``(2) An adjustment in rates of basic pay for a grade under this
subsection shall be made by determining a minimum rate of basic pay for
the grade and then adjusting the other rates of basic pay for the grade
to conform to the requirements of subsection (c).
``(3)(A) The Secretary shall determine a minimum rate of basic pay
for a grade for purposes of paragraph (2) so as to achieve consistency
between the rates of basic pay for the grade at the facility concerned
and the rates of compensation in the Bureau of Labor Statistics labor
market in which the facility is located for non-Department health-care
positions requiring education, training, and experience that is
equivalent or similar to the education, training, and experience
required for Department personnel in the grade at the facility.
``(B) The Secretary shall utilize the most current industry-wage
survey of the Bureau of Labor Statistics for a labor market in meeting
the objective specified in subparagraph (A).
``(C) For purposes of this paragraph, the term `rate of
compensation', with respect to health-care positions in non-Department
health-care facilities, means the sum of--
``(i) the rate of pay for personnel in such positions; and
``(ii) any employee benefits (other than benefits similar
to benefits received by employees in the covered position
concerned) for those health-care positions to the extent that
such employee benefits are reasonably quantifiable.
``(4) An adjustment under this subsection may not reduce any rate
of basic pay.
``(5) An adjustment in rates of basic pay under this subsection
shall take effect on the first day of the first pay period beginning
after the date on which the adjustment is made.
``(6) The Secretary shall prescribe regulations providing for the
adjustment of rates of basic pay for employees in covered positions in
the Central and Regional Offices in order to assure the recruitment and
retention of high-quality personnel in such positions in such offices.
The regulations shall provide for such adjustment in a manner similar
to the adjustment of rates of basic pay under this subsection.''.
(c) Annual Adjustments in Increased Rates of Basic Pay.--Section
7455 of such title is amended--
(1) in subsection (a)(1), by striking ``and (d)'' and
inserting ``(d), and (e)''; and
(2) by adding at the end the following:
``(e) Whenever an annual adjustment in rates of basic pay under
sections 5303 and 5304 of title 5 becomes effective on or after the
effective date of an increase in rates of basic pay under this section,
the rates of basic pay as so increased under this section shall be
adjusted in accordance with appropriate conversion rules prescribed
under section 5305(f) of title 5, effective as of the effective date of
such annual adjustment in rates of basic pay.''.
(d) Conforming Amendment.--Subsection (c)(1) of section 7451 of
such title is amended by striking the third sentence.
(e) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999.
SEC. 3. SAVINGS PROVISION.
In the case of an employee of the Veterans Health Administration
who on the day before the effective date of the amendment made by
section 2(a) is receiving a rate of pay by reason of the second
sentence of section 7451(e) of title 38, United States Code, as in
effect on that day, the provisions of the second and third sentences of
that section, as in effect on that day, shall continue to apply to that
employee, notwithstanding the amendment made by section 2(a). | Department of Veterans Affairs Nurses Appreciation Act of 1999 - Amends Federal provisions relating to the pay of health care personnel within the Veterans Health Administration (VHA) of the Department of Veterans Affairs to require the rates of pay for registered nurses and certain other health-care positions within the VHA to be adjusted annually by the same percentage as those generally applicable to Federal employees.
Provides that whenever after October 1, 2002, the Secretary of Veterans Affairs determines that such rates of pay are inadequate to recruit or retain high-quality health personnel at such a facility, the Secretary shall adjust such pay to achieve consistency with the rates of compensation for corresponding non-Department health-care positions in the Bureau of Labor Statistics labor market area of that facility. Provides for the automatic statutory adjustment to such rates of pay whenever an annual Federal pay adjustment becomes effective. | Department of Veterans Affairs Nurses Appreciation Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice Against Sponsors of
Terrorism Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) International terrorism is a serious and deadly problem
that threatens the vital interests of the United States.
(2) The Constitution confers upon Congress the power to
punish crimes against the law of nations and to carry out the
treaty obligations of the United States, and therefore Congress
may by law impose penalties relating to the provision of
material support to foreign organizations engaged in terrorist
activity, and allow for victims of international terrorism to
recover damages from those who have harmed them.
(3) International terrorism affects the interstate and
foreign commerce of the United States by harming international
trade and market stability, and limiting international travel
by United States citizens as well as foreign visitors to the
United States.
(4) Some foreign terrorist organizations, acting through
affiliated groups or individuals, raise significant funds
outside of the United States for conduct directed and targeted
at the United States.
(5) Foreign organizations that engage in terrorist activity
are so tainted by their criminal conduct that any contribution
to such an organization facilitates that conduct.
(6) The imposition of civil liability at every point along
the causal chain of terrorism is necessary to deter the flow of
money, which is the lifeblood of terrorism. As recognized by
Judge Richard Posner in Boim v. Holy Land Foundation for Relief
and Development, 549 F.3d 685, 690-91 (7th Cir. 2008) (en
banc), ``[d]amages are a less effective remedy against
terrorists and their organizations than against their financial
angels[,] . . . suits against financiers of terrorism can cut
the terrorists' lifeline''.
(7) It is necessary to explicitly recognize the substantive
causes of action for aiding and abetting and conspiracy
liability under the Anti-Terrorism Act of 1987 (22 U.S.C. 5201
et seq.), especially given that the United States Courts of
Appeals for the 2d and 7th Circuits have held that such
theories of liability currently are not available. See
Rothstein v. UBS AG, 708 F.3d 82 (2d Cir. 2013); Boim v. Holy
Land Foundation for Relief and Development, 549 F.3d 685 (7th
Cir. 2008) (en banc).
(8) The decision of the United States Court of Appeals for
the District of Columbia in Halberstam v. Welch, 705 F.2d 472
(D.C. Cir. 1983), which has been widely recognized as the
leading case regarding Federal civil aiding and abetting and
conspiracy liability, including by the Supreme Court of the
United States, provides the proper legal framework for how such
liability should function in the context of the Anti-Terrorism
Act of 1987 (22 U.S.C. 5201 et seq.).
(9) The United Nations Security Council declared in
Resolution 1373, adopted on September 28, 2001, that all
countries have an affirmative obligation to ``[r]efrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts,'' and to ``[e]nsure that
any person who participates in the financing, planning,
preparation or perpetration of terrorist acts or in supporting
terrorist acts is brought to justice''.
(10) Consistent with these declarations, no country has the
discretion to engage knowingly in the financing or sponsorship
of terrorism, whether directly or indirectly.
(11) Persons, entities, or countries that knowingly or
recklessly contribute material support or resources, directly
or indirectly, to persons or organizations that pose a
significant risk of committing acts of terrorism that threaten
the security of nationals of the United States or the national
security, foreign policy, or economy of the United States,
necessarily direct their conduct at the United States, and
should reasonably anticipate being brought to court in the
United States to answer for such activities.
(12) The United States has a vital interest in providing
persons and entities injured as a result of terrorist attacks
committed within the United States with full access to the
court system in order to pursue civil claims against persons,
entities, or countries that have knowingly or recklessly
provided material support or resources, directly or indirectly,
to the persons or organizations responsible for their injuries.
(b) Purpose.--The purpose of this Act is to provide civil litigants
with the broadest possible basis, consistent with the Constitution of
the United States, to seek relief against persons, entities, and
foreign countries, wherever acting and wherever they may be found, that
have provided material support or resources, directly or indirectly, to
foreign organizations or persons that engage in terrorist activities
against the United States.
SEC. 3. FOREIGN SOVEREIGN IMMUNITY.
Section 1605(a) of title 28, United States Code, is amended--
(1) by amending paragraph (5) to read as follows:
``(5) not otherwise encompassed in paragraph (2), in which
money damages are sought against a foreign state arising out of
physical injury or death, or damage to or loss of property,
occurring in the United States and caused by the tortious act
or omission of that foreign state or of any official or
employee of that foreign state while acting within the scope of
the office or employment of the official or employee
(regardless of where the underlying tortious act or omission
occurs), including any statutory or common law tort claim
arising out of an act of extrajudicial killing, aircraft
sabotage, hostage taking, terrorism, or the provision of
material support or resources for such an act, or any claim for
contribution or indemnity relating to a claim arising out of
such an act, except this paragraph shall not apply to--
``(A) any claim based upon the exercise or
performance of, or the failure to exercise or perform,
a discretionary function, regardless of whether the
discretion is abused; or
``(B) any claim arising out of malicious
prosecution, abuse of process, libel, slander,
misrepresentation, deceit, interference with contract
rights, or any claim for emotional distress or
derivative injury suffered as a result of an event or
injury to another person that occurs outside of the
United States; or''; and
(2) by inserting after subsection (d) the following:
``(e) Definitions.--For purposes of subsection (a)(5)--
``(1) the terms `aircraft sabotage', `extrajudicial
killing', `hostage taking', and `material support or resources'
have the meanings given those terms in section 1605A(h); and
``(2) the term `terrorism' means international terrorism
and domestic terrorism, as those terms are defined in section
2331 of title 18.''.
SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL ACTIONS REGARDING
TERRORIST ACTS.
(a) In General.--Section 2333 of title 18, United States Code, is
amended by adding at the end the following:
``(d) Liability.--In an action arising under subsection (a),
liability may be asserted as to the person or persons who committed
such act of international terrorism or any person or entity that aided,
abetted, or conspired with the person or persons who committed such an
act of international terrorism.
``(e) Non-Applicability of Law of Preclusion.--Any civil action or
claim that seeks recovery under this chapter for conduct that was the
basis of a civil action or claim previously dismissed for lack of
subject matter jurisdiction for failure to meet the requirements for an
exception under section 1605(a) of title 28 is not subject to dismissal
under the law of preclusion.''.
(b) Effect on Foreign Sovereign Immunities Act.--Nothing in the
amendments made by this section affects immunity of a foreign state, as
that term is defined in section 1603 of title 28, United States Code,
from jurisdiction under other law.
SEC. 5. JURISDICTION FOR CIVIL ACTIONS REGARDING TERRORIST ACTS.
Section 2334 of title 18, United States Code, is amended by
inserting at the end the following:
``(e) Jurisdiction.--The district courts shall have personal
jurisdiction, to the maximum extent permissible under the 5th Amendment
to the Constitution of the United States, over any person who commits,
aids and abets an act of international terrorism, or provides material
support or resources as set forth in sections 2339A, 2339B, or 2339C,
for acts of international terrorism in which any national of the United
States suffers injury in his or her person, property, or business by
reason of such an act in violation of section 2333.''.
SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL ACTIONS REGARDING
TERRORIST ACTS.
Section 2337 of title 18, United States Code, is amended to read as
follows:
``Sec. 2337. Suits against Government officials
``No action may be maintained under section 2333 against--
``(a) the United States;
``(b) an agency of the United States; or
``(c) an officer or employee of the United States or any agency of
the United States acting within the official capacity of the officer or
employee or under color of legal authority.''.
SEC. 7. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be invalid, the remainder of this Act and the
amendments made by this Act, and the application of the provisions and
amendments to any other person not similarly situated or to other
circumstances, shall not be affected by the holding.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall apply to any civil action
pending on, or commenced on or after, the date of enactment of this
Act. | Justice Against Sponsors of Terrorism Act - Amends the federal judicial code to include among the exceptions to U.S. jurisdictional immunity of foreign states any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act. Amends the federal criminal code to: (1) impose liability on, and grant U.S. district courts personal jurisdiction over, any person who commits, or aids, abets, or conspires with a person who commits, an act of international terrorism that injures a U.S. national; and (2) repeal provisions prohibiting civil actions against foreign states or foreign officials for damages related to acts of terrorism. | Justice Against Sponsors of Terrorism Act |
SECTION 1. ELIMINATION OF FOREIGN BASE COMPANY SHIPPING INCOME AS
FOREIGN BASE COMPANY INCOME.
(a) Elimination of Foreign Base Company Shipping Income.--Section
954 of the Internal Revenue Code of 1986 (relating to foreign base
company income) is amended--
(1) by striking paragraph (4) of subsection (a) (relating
to foreign base company shipping income), and
(2) by striking subsection (f) (relating to foreign base
company shipping income).
(b) Conforming Amendments.--
(1) Subparagraph (D) of section 904(d)(2) (relating to the
definition of shipping income for purposes of the foreign tax
credit) is amended to read as follows:
``(D) Shipping income.--
``(i) In general.--The term `shipping
income' means income derived from, or in
connection with, the use (or hiring or leasing
for use) of any aircraft or vessel in foreign
commerce, or from, or in connection with, the
performance of services directly related to the
use of any such aircraft, or vessel, or from
the sale, exchange, or other disposition of any
such aircraft or vessel.
``(ii) Special rules.--
``(I) Such term includes dividends
and interest received from a foreign
corporation in respect of which taxes
are deemed paid under section 902
(other than dividends from a
noncontrolled section 902 corporation
out of earnings and profits accumulated
in taxable years beginning before
January 1, 2003) and gain from the
sale, exchange, or other disposition of
stock or obligations of such a foreign
corporation to the extent that such
dividends, interest, and gains are
attributable to shipping income.
``(II) Such term includes that
portion of the distributive share of
the income of a partnership
attributable to shipping income.
``(III) Such term includes any
income derived from a space or ocean
activity (as defined in section
863(d)(2)).
``(IV) Such term does not include,
except as provided in subclause (I),
any dividend or interest income which
is foreign personal holding company
income as defined in section 954(c).
``(V) Such term does not include
financial services income.''
(2) Sections 952(c)(1)(B)(iii) of such Code is amended by
striking subclause (I) and redesignating subclauses (II)
through (VI) as subclauses (I) through (V), respectively.
(3) Section 953 of such Code is amended--
(A) by striking ``954(i)'' and inserting ``954(h)''
in subsections (b)(3) and (e) each place it appears,
and
(B) by striking ``954(h)(7)'' and inserting
``954(g)(7)'' in subsection (e)(7)(A).
(4) Section 954 of such Code is amended--
(A) in subsection (a) by inserting ``and'' at the
end of paragraph (3) and redesignating paragraph (5) as
paragraph (4),
(B) in subsection (b)--
(i) by striking ``the foreign base shipping
income,'' in paragraph (5),
(ii) by striking paragraphs (6) and (7),
and
(iii) by redesignating paragraph (8) as
paragraph (6), and
(C) by redesignating subsections (g), (h), and (i)
as subsections (f), (g), and (h), respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years of foreign corporations beginning after December
31, 1999, and to taxable years of United States shareholders (within
the meaning of section 951(b) of the Internal Revenue Code of 1986)
within which or with which such taxable years of such foreign
corporations end. | Revises the definition of "shipping income" with respect to the application of the foreign tax credit. | To amend the Internal Revenue Code of 1986 to eliminate foreign base company shipping income from foreign base company income. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Education Equity Act
of 2003''.
SEC. 2. ASSISTANCE PROGRAM AUTHORIZED.
Part A of title III of the Higher Education Act of 1965 is amended
by inserting after section 317 (20 U.S.C. 1059d) the following new
section:
``SEC. 318. NATIVE AMERICAN-SERVING INSTITUTIONS.
``(a) Program Authorized.--The Secretary shall provide grants and
related assistance to Native American-serving institutions to enable
such institutions to improve and expand their capacity to serve the
members of Indian tribes.
``(b) Definitions.--For the purpose of this section--
``(1) the term `Indian tribe' means any Indian tribe, band,
nation, or other organized group or community, including any
Alaskan Native village or regional or village corporation as
defined in or established pursuant to the Alaskan Native Claims
Settlement Act, which is recognized as eligible for the special
programs and services provided by the United States to Indians
because of their status as Indians, or which is recognized as
an Indian tribe by law by any State or the District of
Columbia;
``(2) the term `Native American-serving institution' means
an institution of higher education that--
``(A) is an eligible institution under section
312(b);
``(B) is not an eligible institution for purposes
of section 316 or 317; and
``(C) at the time of application, has an enrollment
of undergraduate students that is at least 15 percent
students who are members of one or more Indian tribes.
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded under
this section shall be used by Native American-serving
institutions to assist such institutions to plan, develop,
undertake, and carry out activities to improve and expand such
institutions' capacity to serve members of one or more Indian
tribes.
``(2) Examples of authorized activities.--Such programs may
include--
``(A) purchase, rental, or lease of scientific or
laboratory equipment for educational purposes,
including instructional and research purposes;
``(B) renovation and improvement in classroom,
library, laboratory, and other instructional
facilities;
``(C) support of faculty exchanges, and faculty
development and faculty fellowships to assist in
attaining advanced degrees in the faculty's field of
instruction;
``(D) curriculum development and academic
instruction;
``(E) purchase of library books, periodicals,
microfilm, and other educational materials;
``(F) funds and administrative management, and
acquisition of equipment for use in strengthening funds
management;
``(G) joint use of facilities such as laboratories
and libraries; and
``(H) academic tutoring and counseling programs and
student support services.
``(d) Application Process.--
``(1) Institutional eligibility.--Each Native American-
serving institution desiring to receive assistance under this
section shall submit to the Secretary such enrollment data as
may be necessary to demonstrate that the institution is a
Native American-serving institution as defined in subsection
(b), along with such other information and data as the
Secretary may by regulation require.
``(2) Applications.--Any institution which is determined by
the Secretary to be a Native American-serving institution may
submit an application for assistance under this section to the
Secretary. The Secretary shall, to the extent possible,
prescribe a simplified and streamlined format for such
applications that takes into account the limited number of
institutions that are eligible for assistance under this
section. Such application shall include--
``(A) a 5-year plan for improving the assistance
provided by the Native American-serving institution to
students who are members of one or more Indian tribes;
and
``(B) such other information and assurance as the
Secretary may require.
``(3) Special rules.--
``(A) Eligibility.--No Native American-serving
institution that receives funds under this section
shall concurrently receive funds under other provisions
of this part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under
this section.
``(C) Distribution.--In awarding grants under this
section, the Secretary shall, to the extent possible
and consistent with the competitive process under which
such grants are awarded, ensure maximum and equitable
distribution among all eligible institutions.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 399(a)(1) of the Higher Education Act of 1965 (20 U.S.C.
1068h(a)(1)) is amended--
(1) in subparagraph (A), by striking ``section 316'' and
inserting ``sections 316, 317, and 318''; and
(2) by adding at the end the following new subparagraph:
``(D) There are authorized to be appropriated to carry out
section 318, $10,000,000 for fiscal year 2004 and such sums as
may be necessary for each of the 4 succeeding fiscal years.''. | Native American Education Equity Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to establish a program that provides grants and related assistance to certain institutions of higher education (IHEs) serving Native Americans.
Makes an IHE eligible for such program if it: (1) is eligible under HEA title III part A general provisions for aid for Strengthening Institutions, but is not eligible for certain programs for American Indian tribally controlled colleges and universities or for Alaska Native and Native Hawaiian-serving institutions; and (2) has an undergraduate enrollment that is at least 15 percent students who are members of Indian tribes (or of Alaska Native villages or regional or village corporations).
Sets forth examples of authorized activities to which grants may be applied such as: (1) buying, renting, or leasing scientific equipment for educational purposes; (2) renovating and improving classrooms and libraries; (3) supporting faculty exchanges and faculty fellowships; (4) funds and administrative management; and (5) academic tutoring and counseling programs. Directs the Secretary of Education to create a streamlined format enabling qualified institutions to apply for assistance. | To establish a program to provide assistance to institutions of higher education serving members of Indian tribes. |
SECTION 1. EXTENDING AVAILABILITY OF SCHIP ALLOTMENTS FOR FISCAL YEARS
1998 THROUGH 2001.
(a) Retained and Redistributed Allotments for Fiscal Years 1998 and
1999.--Paragraphs (2)(A)(i) and (2)(A)(ii) of section 2104(g) of the
Social Security Act (42 U.S.C. 1397dd(g)) are each amended by striking
``fiscal year 2002'' and inserting ``fiscal year 2004''.
(b) Extension and Revision of Retained and Redistributed Allotments
for Fiscal Year 2000.--
(1) Permitting and extending retention of portion of fiscal
year 2000 allotment.--Paragraph (2) of such section 2104(g) is
amended--
(A) in the heading, by striking ``and 1999'' and
inserting ``through 2000''; and
(B) by adding at the end of subparagraph (A) the
following:
``(iii) Fiscal year 2000 allotment.--Of the
amounts allotted to a State pursuant to this
section for fiscal year 2000 that were not
expended by the State by the end of fiscal year
2002, 50 percent of that amount shall remain
available for expenditure by the State through
the end of fiscal year 2004.''.
(2) Redistributed allotments.--Paragraph (1) of such
section 2104(g) is amended--
(A) in subparagraph (A), by inserting ``or for
fiscal year 2000 by the end of fiscal year 2002,''
after ``fiscal year 2001,'';
(B) in subparagraph (A), by striking ``1998 or
1999'' and inserting ``1998, 1999, or 2000'';
(C) in subparagraph (A)(i)--
(i) by striking ``or'' at the end of
subclause (I),
(ii) by striking the period at the end of
subclause (II) and inserting ``; or''; and
(iii) by adding at the end the following
new subclause:
``(III) the fiscal year 2000
allotment, the amount specified in
subparagraph (C)(i) (less the total of
the amounts under clause (ii) for such
fiscal year), multiplied by the ratio
of the amount specified in subparagraph
(C)(ii) for the State to the amount
specified in subparagraph (C)(iii).'';
(D) in subparagraph (A)(ii), by striking ``or
1999'' and inserting ``, 1999, or 2000'';
(E) in subparagraph (B), by striking ``with respect
to fiscal year 1998 or 1999'';
(F) in subparagraph (B)(ii)--
(i) by inserting ``with respect to fiscal
year 1998, 1999, or 2000,'' after ``subsection
(e),''; and
(ii) by striking ``2002'' and inserting
``2004''; and
(G) by adding at the end the following new
subparagraph:
``(C) Amounts used in computing redistributions for
fiscal year 2000.--For purposes of subparagraph
(A)(i)(III)--
``(i) the amount specified in this clause
is the amount specified in paragraph
(2)(B)(i)(I) for fiscal year 2000, less the
total amount remaining available pursuant to
paragraph (2)(A)(iii);
``(ii) the amount specified in this clause
for a State is the amount by which the State's
expenditures under this title in fiscal years
2000, 2001, and 2002 exceed the State's
allotment for fiscal year 2000 under subsection
(b); and
``(iii) the amount specified in this clause
is the sum, for all States entitled to a
redistribution under subparagraph (A) from the
allotments for fiscal year 2000, of the amounts
specified in clause (ii).''.
(3) Conforming amendments.--Such section 2104(g) is further
amended--
(A) in its heading, by striking ``and 1999'' and
inserting ``, 1999, and 2000''; and
(B) in paragraph (3)--
(i) by striking ``or fiscal year 1999'' and
inserting ``, fiscal year 1999, or fiscal year
2000''; and
(ii) by striking ``or November 30, 2001''
and inserting ``November 30, 2001, or November
30, 2002'', respectively.
(c) Extension and Revision of Retained and Redistributed Allotments
for Fiscal Year 2001.--
(1) Permitting and extending retention of portion of fiscal
year 2001 allotment.--Paragraph (2) of such section 2104(g), as
amended in subsection (b)(1)(B), is further amended--
(A) in the heading, by striking ``2000'' and
inserting ``2001''; and
(B) by adding at the end of subparagraph (A) the
following:
``(iv) Fiscal year 2001 allotment.--Of the
amounts allotted to a State pursuant to this
section for fiscal year 2001 that were not
expended by the State by the end of fiscal year
2003, 50 percent of that amount shall remain
available for expenditure by the State through
the end of fiscal year 2005.''.
(2) Redistributed allotments.--Paragraph (1) of such
section 2104(g), as amended in subsection (b)(2), is further
amended--
(A) in subparagraph (A), by inserting ``or for
fiscal year 2001 by the end of fiscal year 2003,''
after ``fiscal year 2002,'';
(B) in subparagraph (A), by striking ``1999, or
2000'' and inserting ``1999, 2000, or 2001'';
(C) in subparagraph (A)(i)--
(i) by striking ``or'' at the end of
subclause (II),
(ii) by striking the period at the end of
subclause (III) and inserting ``; or''; and
(iii) by adding at the end the following
new subclause:
``(IV) the fiscal year 2001
allotment, the amount specified in
subparagraph (D)(i) (less the total of
the amounts under clause (ii) for such
fiscal year), multiplied by the ratio
of the amount specified in subparagraph
(D)(ii) for the State to the amount
specified in subparagraph (D)(iii).'';
(D) in subparagraph (A)(ii), by striking ``or
2000'' and inserting ``2000, or 2001'';
(E) in subparagraph (B)--
(i) by striking ``and'' at the end of
clause (ii);
(ii) by redesignating clause (iii) as
clause (iv); and
(iii) by inserting after clause (ii) the
following new clause:
``(iii) notwithstanding subsection (e),
with respect to fiscal year 2001, shall remain
available for expenditure by the State through
the end of fiscal year 2005; and''; and
(F) by adding at the end the following new
subparagraph:
``(D) Amounts used in computing redistributions for
fiscal year 2001.--For purposes of subparagraph
(A)(i)(IV)--
``(i) the amount specified in this clause
is the amount specified in paragraph
(2)(B)(i)(I) for fiscal year 2001, less the
total amount remaining available pursuant to
paragraph (2)(A)(iv);
``(ii) the amount specified in this clause
for a State is the amount by which the State's
expenditures under this title in fiscal years
2001, 2002, and 2003 exceed the State's
allotment for fiscal year 2001 under subsection
(b); and
``(iii) the amount specified in this clause
is the sum, for all States entitled to a
redistribution under subparagraph (A) from the
allotments for fiscal year 2001, of the amounts
specified in clause (ii).''.
(3) Conforming amendments.--Such section 2104(g) is further
amended--
(A) in its heading, by striking ``and 2000'' and
inserting ``2000, and 2001''; and
(B) in paragraph (3)--
(i) by striking ``or fiscal year 2000'' and
inserting ``fiscal year 2000, or fiscal year
2001''; and
(ii) by striking ``or November 30, 2002,''
and inserting ``November 30, 2002, or November
30, 2003,'', respectively.
(d) Effective Date.--This section, and the amendments made by this
section, shall be effective as if this section had been enacted on
September 30, 2002, and amounts under title XXI of the Social Security
Act (42 U.S.C. 1397aa et seq.) from allotments for fiscal years 1998
through 2000 are available for expenditure on and after October 1,
2002, under the amendments made by this section as if this section had
been enacted on September 30, 2002.
Passed the House of Representatives June 26, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to revise the special rule for the redistribution and availability of unexpended FY1998 and 1999 SCHIP allotments, including to: (1) extend the availability of FY 1998 and 1999 reallocated funds through FY 2004; and (2) permit 50 percent of the total amount of unexpended FY 2000 and 2001 SCHIP allotments that remain available to a State through the end of FY 2002 and 2003 to remain available for expenditure by the State through the end of FY 2004 and 2005, respectively. | To amend title XXI of the Social Security Act to extend the availability of allotments for fiscal years 1998 through 2001 under the State Children's Health Insurance Program (SCHIP). |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Future of American Innovation and
Research Act of 2013'' or the ``FAIR Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``covered trade secret'' means a trade secret
that is related to or included in a product or service that is
used in or reasonably anticipated to be used in interstate or
foreign commerce;
(2) the term ``improper means''--
(A) includes theft, bribery, misrepresentation,
breach or inducement of a breach of a duty to maintain
secrecy, and espionage through electronic or other
means; and
(B) does not include reverse engineering or
independent derivation alone;
(3) the term ``misappropriate'' means--
(A) to acquire a trade secret of another by
improper means, if the person who acquires the trade
secret knows or has reason to know that the acquisition
is by improper means; or
(B) to disclose or use a trade secret of another
without express or implied consent, if the person who
discloses or uses the trade secret--
(i) used improper means to acquire
knowledge of the trade secret; or
(ii) at the time of the disclosure or use,
knows or has reason to know that his or her
knowledge of the trade secret was--
(I) derived from or through a
person who used improper means to
acquire the trade secret;
(II) acquired under circumstances
giving rise to a duty to maintain the
secrecy, or limit the use, of the trade
secret; or
(III) derived from or through a
person who owed a duty to the person
seeking relief to maintain the secrecy,
or limit the use, of the trade secret;
(4) the term ``person'' means a natural person,
corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture,
government, governmental subdivision or agency, or any other
legal or commercial entity; and
(5) the term ``trade secret'' means any information,
including a formula, pattern, compilation, program, device,
method, technique, or process, that--
(A) derives independent economic value, actual or
potential, from not being generally known to, and not
being readily ascertainable through proper means by,
the public or other persons who can obtain economic
value from the disclosure or use of the information;
and
(B) is the subject of efforts that are reasonable
under the circumstances to maintain the secrecy of the
information.
SEC. 3. CIVIL ACTION.
(a) In General.--The owner or lawful possessor of a covered trade
secret may bring a civil action against a person who misappropriates,
threatens to misappropriate, or conspires to misappropriate the covered
trade secret--
(1) while located outside the territorial jurisdiction of
the United States; or
(2) on behalf of, or for the benefit of, a person located
outside the territorial jurisdiction of the United States.
(b) Federal Court Jurisdiction.--The district courts of the United
States shall have exclusive jurisdiction of a civil action under this
Act.
(c) Extraterritoriality.--A civil action under this Act may arise
from conduct outside the territorial jurisdiction of the United States
if the conduct, either by itself or in combination with conduct within
the territorial jurisdiction of the United States, causes or is
reasonably anticipated to cause an injury--
(1) within the territorial jurisdiction of the United
States; or
(2) to a United States person.
SEC. 4. REMEDIES.
In a civil action brought under this Act, a court may--
(1) issue--
(A) an order for appropriate injunctive relief
against any conduct described in section 3(a);
(B) an order requiring affirmative actions to be
taken to protect a covered trade secret from further
misappropriation; and
(C) if the court determines that it would be
unreasonable to prohibit further possession,
disclosure, or use of a covered trade secret, an order
requiring payment of a reasonable royalty for any
ongoing disclosure or use of a covered trade secret, in
addition to the damages described in paragraph (2);
(2) award--
(A) damages for actual loss caused by the
misappropriation of a covered trade secret; and
(B) damages for any unjust enrichment caused by the
misappropriation of a covered trade secret that is not
addressed in computing damages for actual loss under
subparagraph (A);
(3) if a trade secret is willfully or maliciously
misappropriated, award punitive or exemplary damages in an
amount not more than twice the amount of the damages awarded
under paragraph (2); and
(4) if a claim of misappropriation is made in bad faith, a
motion to terminate an injunction is made or opposed in bad
faith, or a trade secret is willfully or maliciously
misappropriated, award reasonable costs and attorney's fees to
the prevailing party.
SEC. 5. PROCEDURE.
(a) Pleadings.--
(1) Complaint.--A complaint filed in a civil action brought
under this Act shall include a sworn representation by the
plaintiff that the dispute involves conduct described in
section 3(a).
(2) Affirmative defense.--It shall be an affirmative
defense in a civil action brought under this Act that each
alleged covered trade secret in dispute was readily
ascertainable through proper means by other persons who did not
already know the covered trade secret at the time of any
alleged misappropriation, threat to misappropriate, or
conspiracy to misappropriate.
(b) Forum Non Conveniens.--In considering a motion to dismiss or
stay on forum non conveniens grounds filed in a civil action brought
under this Act, a court shall--
(1) give great weight to the plaintiff's choice of forum;
and
(2) consider whether the plaintiff reasonably could receive
fair and impartial treatment in the courts of the jurisdiction
in which the defendant is domiciled.
(c) Anti-Suit Injunctions.--In a civil action brought under this
Act, the court may enter an injunction enjoining a defendant over whom
the court has personal jurisdiction from pursuing subsequently filed
litigation in another jurisdiction if--
(1) the parties are the same in both matters;
(2) the resolution of the case before the enjoining court
will be dispositive of the action to be enjoined; and
(3) the action in the other jurisdiction threatens the
jurisdiction of the court or the purposes of this Act.
(d) Confidentiality.--In any proceeding relating to a civil action
brought under this Act, the court shall enter any order and take any
other action that is necessary and appropriate to preserve the
confidentiality of trade secrets, consistent with the requirements of
the Federal Rules of Civil Procedure, the Federal Rules of Evidence,
and all other applicable laws.
(e) Statute of Limitations.--A civil action brought under this Act
may not be commenced later than 3 years after the date on which the
conduct described in section 3(a) that forms the basis for the action
was discovered or by the exercise of reasonable diligence should have
been discovered.
SEC. 6. SEIZURES.
(a) In General.--In a civil action brought under this Act, the
court may, upon ex parte application and if the requirements under
subsection (b) are satisfied, issue an order (referred to in this
section as a ``seizure order'') providing for--
(1) the seizure of any property (including computers) used,
in any manner or part, to commit or facilitate the commission
of conduct described in section 3(a) that is alleged in the
civil action; and
(2) the preservation of evidence in the civil action.
(b) Requirements.--A court may issue a seizure order if--
(1) the applicant provides security in an amount that the
court determines is adequate to pay any damages a person may be
entitled to recover as a result of a wrongful seizure or
wrongful attempted seizure under this section; and
(2) the court finds that specific facts clearly show that--
(A) any order other than an ex parte seizure order
is not adequate to effectively cause the cessation of
the conduct described in section 3(a) that forms the
basis of the action;
(B) the applicant has not publicized the requested
seizure;
(C) the applicant is likely to succeed in showing
that the person against whom seizure is sought
misappropriated, threatened to misappropriate, or
conspired to misappropriate a covered trade secret of
which the applicant is the owner or lawful possessor;
(D) the applicant will suffer an immediate and
irreparable injury if a seizure is not ordered;
(E) the matter to be seized is located at the place
identified in the application;
(F) the harm to the applicant that would be caused
by denying the application outweighs the harm to the
legitimate interests of the person against whom seizure
is sought that would be caused by granting the
application; and
(G) if the applicant were to proceed on notice to
the person against whom seizure is sought, that person,
or persons acting in concert with that person, would
destroy, move, hide, or otherwise make the matter to be
seized inaccessible to the court.
(c) Procedure.--A seizure order shall--
(1) direct that service of a copy of the seizure order
shall be made by a Federal law enforcement officer (such as a
United States marshal), who, upon making service, shall carry
out the seizure under the seizure order;
(2) direct that any items seized shall be taken into the
custody of the court;
(3) include a protective order with respect to items
seized, to ensure that confidential, private, proprietary, or
privileged information contained in the items seized, including
any such information belonging to the defendant and third
parties, is appropriately protected and that access to the
items seized is appropriately restricted; and
(4) specify a hearing date, not earlier than 3 days and not
later than 10 days after the seizure order is issued, for the
court to review whether the items seized should remain in the
custody of the court.
(d) Order Under Seal.--
(1) In general.--Except as provided under paragraph (2), a
seizure order, together with any supporting documents, shall be
sealed until the person against whom the seizure order is
directed has an opportunity to contest the seizure order.
(2) Access after seizure.--A court shall allow a person
against whom a seizure order is directed to have access to the
seizure order and any supporting documents after the seizure is
carried out.
(e) Seizure Hearing.--
(1) Date.--A court that issues a seizure order shall hold a
hearing under this subsection on the date set by the court
under subsection (c)(4) unless a party shows good cause for
setting a different date.
(2) Burden of proof.--At a hearing under this subsection,
the party that obtained the seizure order shall have the burden
of proving that the factual and legal grounds necessary to
support the seizure order are still in effect.
(3) Dissolution or modification of order.--If a party fails
to meet the burden specified under paragraph (2), the court
shall dissolve or modify the seizure order appropriately.
(4) Discovery time limits.--The court may issue an order
modifying the time limits for discovery under the Federal Rules
of Civil Procedure as necessary to prevent the frustration of
the purposes of a hearing under this subsection.
(f) Injured Party.--
(1) Cause of action.--A party that is injured by a seizure
carried out in a civil action brought under this Act and that
prevails in the civil action may bring a civil action under
this subsection against the applicant for the seizure order in
a district court of the United States.
(2) Remedies.--A party that prevails in a civil action
brought under this subsection shall recover--
(A) reasonable costs and attorney's fees incurred
in defense against the seizure order described in
paragraph (1) unless the court finds that extenuating
circumstances merit denying such costs and fees; and
(B) lost profits and punitive damages if the
seizure order described in paragraph (1) was sought in
bad faith. | Future of American Innovation and Research Act of 2013 or the FAIR Act - Authorizes the owner or lawful possessor of a covered trade secret (that is related to or included in a product or service that is used in or reasonably anticipated to be used in interstate or foreign commerce) to bring a civil action in a U.S. district court against a person (including a legal or commercial entity) who misappropriates, threatens to misappropriate, or conspires to misappropriate such trade secret: (1) while located outside the territorial jurisdiction of the United States; or (2) on behalf of, or for the benefit of, a person located outside such territorial jurisdiction. Defines "misappropriate" as the acquisition or disclosure of a trade secret under specified circumstances through improper means, including theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, and espionage through electronic means. Excludes reverse engineering or independent derivation from the categories of improper means when such activity alone is the only alleged conduct. Permits an action to arise from conduct outside the territorial jurisdiction of the United States if the conduct, either by itself or in combination with conduct within the territorial jurisdiction of the United States, causes or is reasonably anticipated to cause an injury: (1) within the territorial jurisdiction of the United States, or (2) to a U.S. person. Provides for an affirmative defense to such an action if each alleged trade secret in dispute was readily ascertainable through proper means by other persons who did not already know the trade secret at the time of the alleged conduct. Authorizes a court, upon an ex parte application, to order the seizure of any property used to commit or facilitate specified conduct alleged in the civil action. | FAIR Act |
SECTION 1. ELIMINATION OF REMAINDER OF SCHIP FUNDING SHORTFALLS FOR
FISCAL YEAR 2007.
(a) In General.--Section 2104(h) of the Social Security Act (42
U.S.C. 1397dd(h)), as added by section 201(a) of the National
Institutes of Health Reform Act of 2006, is amended--
(1) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(2) by inserting after paragraph (3), the following:
``(4) Additional amounts to eliminate remainder of fiscal
year 2007 funding shortfalls.--
``(A) Allotment authority.--From the amounts made
available under subparagraph (D) for additional
allotments under this paragraph, subject to
subparagraph (C), the Secretary shall allot to each
remaining shortfall State described in subparagraph (B)
such amount as the Secretary determines will eliminate
the estimated shortfall described in such subparagraph
for the State for fiscal year 2007.
``(B) Remaining shortfall state described.--For
purposes of subparagraph (A), a remaining shortfall
State is a State with a State child health plan
approved under this title for which the Secretary
estimates, on the basis of the most recent data
available to the Secretary as of March 31, 2007, that
the projected Federal expenditures under such plan for
the State for fiscal year 2007 will exceed the sum of--
``(i) the amount of the State's allotments
for each of fiscal years 2005 and 2006 that
will not be expended by the end of fiscal year
2006;
``(ii) the amount of the State's allotment
for fiscal year 2007; and
``(iii) the amounts, if any, that are to be
redistributed to the State during fiscal year
2007 in accordance with paragraphs (1) and (2).
``(C) Proration rule.--If the amount available
under subparagraph (D) is less than the total amount of
the estimated shortfalls determined by the Secretary
under subparagraph (A), the amount of the allotment for
each remaining shortfall State determined under such
subparagraph shall be reduced proportionally.
``(D) Appropriation; allotment authority.--For the
purpose of providing additional allotments to remaining
shortfall States under this paragraph there is
appropriated, out of any funds in the Treasury not
otherwise appropriated, such sums as are necessary for
fiscal year 2007, not to exceed $750,000,000. Amounts
appropriated pursuant to the preceding sentence are
designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress).''.
(b) Conforming Amendments.--Such section is further amended--
(1) in paragraph (1)(B), by striking ``paragraph (4)(B)''
and inserting ``paragraph (5)(B)'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking
``remainder of reduction'' and inserting ``part'';
(B) in subparagraph (A), by striking ``paragraph
(5)(B)'' and inserting ``paragraph (6)(B)''; and
(C) in subparagraph (B), by striking ``paragraph
(4)(B)'' and inserting ``paragraph (5)(B)'';
(3) in paragraph (5) (as redesignated by subsection
(a)(1))--
(A) in subparagraph (A), by inserting ``or
allotted'' after ``redistributed''; and
(B) in subparagraph (B)--
(i) by inserting ``or allotted'' after
``redistributed'';
(ii) by striking ``To the'' and inserting
the following:
``(i) In general.--Subject to clause (ii),
to the''; and
(iii) by adding at the end the following
new clause:
``(ii) Exception for remaining shortfall
states with lowest third ranking of uninsured
children.--Only with respect to the amounts
allotted under paragraph (4) to a remaining
shortfall State described in subparagraph (B)
of such paragraph, clause (i) shall not apply
to any such State that, on the basis of the
most recent American Community Survey of the
Bureau of the Census (or, until such data is
available, on the basis of the 3 most recent
Annual Social and Economic Supplements of the
Current Population Survey of the Bureau of the
Census), ranks in the lowest \1/3\ of States in
terms of the State's percentage of low-income
children without health insurance.'';
(4) in subparagraph (6)(A) (as so redesignated), by
striking ``and (3)'' and inserting ``(3), and (4)''; and
(5) in paragraph (7) (as so redesignated)--
(A) in the first sentence--
(i) by inserting ``or allotted'' after
``redistributed''; and
(ii) by inserting ``or allotments'' after
``redistributions''; and
(B) in the second sentence, by striking ``and (3),
in accordance with paragraph (5)'' and inserting ``(3),
and (4) in accordance with paragraph (6)''.
SEC. 2. EXTENSION OF SSI ASSET VERIFICATION DEMONSTRATION TO MEDICAID.
(a) In General.--Subject to subsection (b), the Secretary of Health
and Human Services shall collaborate with the Commissioner of Social
Security to provide for the use, for purposes of verifying financial
eligibility for medical assistance under State plans under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.), of the system
administered by the Commissioner (under section 1631(e)(1)(B)(ii) of
such Act (42 U.S.C. 1383(e)(1)(B)(ii)) under which the Commissioner may
obtain information held by financial institutions in order to verify
eligibility for benefits under title XVI of such Act (42 U.S.C. 1381 et
seq.).
(b) Limitation.--For purposes of this section, use of the system
described in subsection (a), and the information obtained through such
system, shall be limited to determinations of eligibility for medical
assistance in States in which such system is being used by the
Commissioner to verify eligibility for benefits under such title XVI.
(c) Sharing by Commissioner of Information Obtained From Financial
Institutions.--Notwithstanding the Right to Financial Privacy Act of
1978 (12 U.S.C. 3401 et seq.) or any other provision of law,
information obtained by the Commissioner from financial institutions
under the system described in subsection (a) may, for purposes of
carrying out this section, be shared with the agencies of States
specified in subsection (b) which are administering the plans of such
States under title XIX of the Social Security Act. | Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to provide additional amounts to eliminate the remainder of SCHIP funding shortfalls for FY2007.
Directs the Secretary of Health and Human Services, in order to verify SSA title XIX (Medicaid) financial eligibility, to collaborate with the Commissioner of Social Security for use of the system for obtaining financial institution information to verify eligibility for SSA title XVI (Supplemental Security Income) (SSI) benefits. | A bill to amend title XXI of the Social Security Act to eliminate the remainder of funding shortfalls for the State Children's Health Insurance Program (SCHIP) for fiscal year 2007, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Goods Job Growth and
Competitiveness Act of 2001''.
SEC. 2. STATUTE OF REPOSE FOR DURABLE GOODS USED IN A TRADE OR
BUSINESS.
(a) In General.--Except as otherwise provided in this Act--
(1) no civil action may be filed against the manufacturer
or seller of a durable good for damage to property arising out
of an accident involving that durable good if the accident
occurred more than 18 years after the date on which the durable
good was delivered to its first purchaser or lessee; and
(2) no civil action may be filed against the manufacturer
or seller of a durable good for damages for death or personal
injury arising out of an accident involving that durable good
if the accident occurred more than 18 years after the date on
which the durable good was delivered to its first purchaser or
lessee and if--
(A) the claimant has received or is eligible to
receive worker compensation; and
(B) the injury does not involve a toxic harm
(including, but not limited to, any asbestos-related
harm).
(b) Exceptions.--
(1) In general.--A motor vehicle, vessel, aircraft, or
train, that is used primarily to transport passengers for hire
shall not be subject to this Act.
(2) Certain express warranties.--This Act does not bar a
civil action against a defendant who made an express warranty
in writing as to the safety or life expectancy of a specific
product which was longer than 18 years, except that this Act
shall apply at the expiration of that warranty.
(3) Aviation limitations period.--This Act does not affect
the limitations period established by the General Aviation
Revitalization Act of 1994 (49 U.S.C. 40101 note).
(4) Actions involving the environment.--Subsection (a)(1)
does not supersede or modify any statute or common law that
authorizes an action for civil damages, cost recovery, or any
other form of relief for remediation of the environment (as
defined in section 101(8) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(8)).
(c) Effect on State Law; Preemption.--Subject to subsection (b),
this Act preempts and supersedes any State law that establishes a
statute of repose to the extent such law applies to actions covered by
this Act. Any action not specifically covered by this Act shall be
governed by applicable State law.
(d) Transitional Provision Relating to Extension of Repose
Period.--To the extent that this Act shortens the period during which a
civil action could be otherwise brought pursuant to another provision
of law, the claimant may, notwithstanding this Act, bring the action
not later than 1 year after the date of the enactment of this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Claimant.--The term ``claimant'' means any person who
brings an action covered by this Act and any person on whose
behalf such an action is brought. If such an action is brought
through or on behalf of an estate, the term includes the
claimant's decedent. If such an action is brought through or on
behalf of a minor or incompetent, the term includes the
claimant's legal guardian.
(2) Durable good.--The term ``durable good'' means any
product, or any component of any such product, which--
(A)(i) has a normal life expectancy of 3 or more
years; or
(ii) is of a character subject to allowance for
depreciation under the Internal Revenue Code of 1986;
and
(B) is--
(i) used in a trade or business;
(ii) held for the production of income; or
(iii) sold or donated to a governmental or
private entity for the production of goods,
training, demonstration, or any other similar
purpose.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
Guam, American Samoa, any other territory or possession of the
United States, and any political subdivision of any of the
foregoing.
SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.
(a) Effective Date.--Except as provided in subsection (b), this Act
shall take effect on the date of the enactment of this Act without
regard to whether the damage to property or death or personal injury at
issue occurred before such date of enactment.
(b) Application of Act.--This Act shall not apply with respect to
civil actions commenced before the date of the enactment of this Act. | Workplace Goods Job Growth and Competitiveness Act of 2001 - Prohibits the filing of a civil action against a manufacturer or seller of a durable good (except a motor vehicle, vessel, aircraft, or train that is used primarily to transport passengers for hire) more than 18 years after it was delivered to its first purchaser or lessee for: (1) damage to property arising out of an accident involving such good; or (2) damages for death or personal injury arising out of an accident involving such good if the claimant has received or is eligible to receive worker compensation and the injury does not involve a toxic harm (including, but not limited to, all asbestos-related harm). Declares that this Act: (1) shall not bar an action against a defendant who made an express warranty in writing as to the safety or life expectancy of a specific product which was longer than 18 years (except that this Act shall apply at the expiration of such warranty); and (2) does not supersede or modify any statute or common law that authorizes an action for civil damages, cost recovery, or any other form of relief for remediation of the environment. | To establish a statute of repose for durable goods used in a trade or business. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long Island Sound Restoration and
Stewardship Act''.
SEC. 2. AMENDMENTS.
(a) Long Island Sound Restoration Program.--Section 119 of the
Federal Water Pollution Control Act (33 U.S.C. 1269) is amended--
(1) in subsection (b), by striking the subsection
designation and heading and all that follows through ``The
Office shall'' and inserting the following:
``(b) Office.--
``(1) Establishment.--The Administrator shall--
``(A) continue to carry out the conference study;
and
``(B) establish an office, to be located on or near
Long Island Sound.
``(2) Administration and staffing.--The Office shall'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``Management Conference of the Long Island
Sound Study'' and inserting ``conference study'';
(B) in paragraph (2)--
(i) in each of subparagraphs (A) through
(G), by striking the commas at the end of the
subparagraphs and inserting semicolons;
(ii) in subparagraph (H), by striking ``,
and'' and inserting a semicolon;
(iii) in subparagraph (I), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(J) environmental impacts on the Long Island
Sound watershed, including--
``(i) the identification and assessment of
vulnerabilities in the watershed;
``(ii) the development and implementation
of adaptation strategies to reduce those
vulnerabilities; and
``(iii) the identification and assessment
of the impacts of sea level rise on water
quality, habitat, and infrastructure in Long
Island Sound; and
``(K) planning initiatives for Long Island Sound
that identify the areas that are most suitable for
various types or classes of activities in order to
reduce conflicts among uses, reduce environmental
impacts, facilitate compatible uses, or preserve
critical ecosystem services to meet economic,
environmental, security, or social objectives;'';
(C) by striking paragraph (4) and inserting the
following:
``(4) develop and implement strategies to increase public
education and awareness with respect to the ecological health
and water quality conditions of Long Island Sound;'';
(D) in paragraph (5), by inserting ``study'' after
``conference'';
(E) in paragraph (6)--
(i) by inserting ``(including on the
Internet)'' after ``the public''; and
(ii) by inserting ``study'' after
``conference''; and
(F) by striking paragraph (7) and inserting the
following:
``(7) monitor the progress made toward meeting the
identified goals, actions, and schedules of the Comprehensive
Conservation and Management Plan, including through the
implementation and support of a monitoring system for the
ecological health and water quality conditions of Long Island
Sound; and'';
(3) in subsection (d)(3), in the second sentence, by
striking ``50 per centum'' and inserting ``60 percent'';
(4) by redesignating subsection (f) as subsection (i); and
(5) by inserting after subsection (e) the following:
``(f) Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Long Island Sound Restoration and Stewardship
Act, and biennially thereafter, the Director of the Office, in
consultation with the Governor of each Long Island Sound State,
shall submit to Congress a report that--
``(A) summarizes and assesses the progress made by
the Office and the Long Island Sound States in
implementing the Long Island Sound Comprehensive
Conservation and Management Plan, including an
assessment of the progress made toward meeting the
performance goals and milestones contained in the Plan;
``(B) assesses the key ecological attributes that
reflect the health of the ecosystem of the Long Island
Sound watershed;
``(C) describes any substantive modifications to
the Long Island Sound Comprehensive Conservation and
Management Plan made during the 2-year period preceding
the date of submission of the report;
``(D) provides specific recommendations to improve
progress in restoring and protecting the Long Island
Sound watershed, including, as appropriate, proposed
modifications to the Long Island Sound Comprehensive
Conservation and Management Plan;
``(E) identifies priority actions for
implementation of the Long Island Sound Comprehensive
Conservation and Management Plan for the 2-year period
following the date of submission of the report; and
``(F) describes the means by which Federal funding
and actions will be coordinated with the actions of the
Long Island Sound States and other entities.
``(2) Public availability.--The Administrator shall make
the report described in paragraph (1) available to the public,
including on the Internet.
``(g) Annual Budget Plan.--The President shall submit, together
with the annual budget of the United States Government submitted under
section 1105(a) of title 31, United States Code, information regarding
each Federal department and agency involved in the protection and
restoration of the Long Island Sound watershed, including--
``(1) an interagency crosscut budget that displays for each
department and agency--
``(A) the amount obligated during the preceding
fiscal year for protection and restoration projects and
studies relating to the watershed;
``(B) the estimated budget for the current fiscal
year for protection and restoration projects and
studies relating to the watershed; and
``(C) the proposed budget for succeeding fiscal
years for protection and restoration projects and
studies relating to the watershed; and
``(2) a summary of any proposed modifications to the Long
Island Sound Comprehensive Conservation and Management Plan for
the following fiscal year.
``(h) Federal Entities.--
``(1) Coordination.--The Administrator shall coordinate the
actions of all Federal departments and agencies that impact
water quality in the Long Island Sound watershed in order to
improve the water quality and living resources of the
watershed.
``(2) Methods.--In carrying out this section, the
Administrator, acting through the Director of the Office, may--
``(A) enter into interagency agreements; and
``(B) make intergovernmental personnel
appointments.
``(3) Federal participation in watershed planning.--A
Federal department or agency that owns or occupies real
property, or carries out activities, within the Long Island
Sound watershed shall participate in regional and subwatershed
planning, protection, and restoration activities with respect
to the watershed.
``(4) Consistency with comprehensive conservation and
management plan.--To the maximum extent practicable, the head
of each Federal department and agency that owns or occupies
real property, or carries out activities, within the Long
Island Sound watershed shall ensure that the property and all
activities carried out by the department or agency are
consistent with the Long Island Sound Comprehensive
Conservation and Management Plan (including any related
subsequent agreements and plans).''.
(b) Long Island Sound Stewardship Program.--
(1) Long island sound stewardship advisory committee.--
Section 8 of the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359) is amended--
(A) in subsection (g), by striking ``2011'' and
inserting ``2018''; and
(B) by adding at the end the following:
``(h) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to--
``(1) the Advisory Committee; or
``(2) any board, committee, or other group established
under this Act.''.
(2) Reports.--Section 9(b)(1) of the Long Island Sound
Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
359) is amended in the matter preceding subparagraph (A) by
striking ``2011'' and inserting ``2018''.
(3) Authorization.--Section 11 of the Long Island Sound
Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
359) is amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (d) as
subsections (a) through (c), respectively; and
(C) in subsection (a) (as so redesignated), by
striking ``under this section each'' and inserting ``to
carry out this Act for a''.
(4) Effective date.--The amendments made by this subsection
take effect on October 1, 2011.
SEC. 3. REAUTHORIZATION.
(a) In General.--There are authorized to be appropriated to the
Administrator of the Environmental Protection Agency such sums as are
necessary for each of fiscal years 2014 through 2018 for the
implementation of--
(1) section 119 of the Federal Water Pollution Control Act
(33 U.S.C. 1269), other than subsection (d) of that section;
and
(2) the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359).
(b) Long Island Sound Grants.--There is authorized to be
appropriated to the Administrator of the Environmental Protection
Agency to carry out subsection (d) of section 119 of the Federal Water
Pollution Control Act (33 U.S.C. 1269) $40,000,000 for each of fiscal
years 2014 through 2018.
(c) Long Island Sound Stewardship Grants.--There is authorized to
be appropriated to the Administrator of the Environmental Protection
Agency to carry out the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359) $25,000,000 for each of fiscal
years 2014 through 2018. | Long Island Sound Restoration and Stewardship Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to expand the duties of the Office of Management Conference of the Long Island Sound Study by requiring the Office to: (1) conduct or commission studies to strengthen the implementation of the Comprehensive Conservation and Management Plan for the Long Island Sound, including studies on environmental impacts on the Sound watershed and studies on planning initiatives for the Sound that identify the areas that are most suitable for various types of activities in order to reduce conflicts among uses, reduce environmental impacts, facilitate compatible uses, or preserve critical ecosystem services to meet economic, environmental, security, or social objectives; (2) develop and implement strategies to increase public education and awareness with respect to the ecological health and water quality conditions of the Sound; (3) make publicly available on the Internet information relating to the environmental quality of the Sound; and (4) monitor the progress made toward meeting the identified goals, actions, and schedules of the Plan. Limits the federal share for grants for projects and studies which will help implement the Plan, other than citizen involvement and citizen involvement grants, to 60%. Requires the Office's Director to submit a report that includes: (1) an assessment of the progress made by the Office and the Long Island Sound states in implementing the plan, (2) an assessment of the key ecological attributes that reflect the health of the ecosystem of the Sound watershed, (3) a description of any substantive modifications to the Plan made during the preceding two years, (4) recommendations to improve progress in restoring and protecting the Sound watershed, (5) priority actions for implementation of the Plan for the next two years, and (6) a description of the means by which federal funding and actions will be coordinated with the actions of the Long Island Sound states and other entities. Requires the President to submit, together with the annual U.S. budget, information regarding each federal agency involved in the protection and restoration of the Sound watershed. Requires the Administrator of the Environmental Protection Agency Act (EPA) to coordinate the actions of federal agencies that impact water quality in the Sound watershed to improve the water quality and living resources of the watershed. Requires a federal agency that owns or occupies real property, or carries out activities, within the Sound watershed to: (1) participate in regional and subwatershed planning, protection, and restoration activities with respect to the watershed; and (2) ensure that the property and activities carried out by the agency are consistent with the Plan. Amends the Long Island Sound Stewardship Act of 2006 to terminate the Long Island Sound Stewardship Advisory Committee on December 31, 2018 (currently 2011). Extends reporting requirements by requiring the Advisory Committee to submit to the Administrator and the decision making body of the Long Island Sound Study Management Conference an annual report through FY2018 on stewardship sites. Makes the amendments to such Act become effective on October 1, 2011. Extends through FY2018 the authorization of appropriations to the Administrator for the implementation of the Management Conference of the Long Island Sound Study, the Long Island Sound Stewardship Act of 2006, the Long Island Sound Grants, and Long Island Sound Stewardship Grants. | Long Island Sound Restoration and Stewardship Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freight Rail Infrastructure Capacity
Expansion Act of 2009''.
SEC. 2. CREDIT FOR FREIGHT RAIL INFRASTRUCTURE CAPACITY EXPANSION
PROPERTY.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45R. FREIGHT RAIL CAPACITY EXPANSION CREDIT.
``(a) General Rule.--For purposes of section 38, the freight rail
capacity expansion credit determined under this section for the taxable
year is an amount equal to 25 percent of the cost of the following
property placed in service during the taxable year:
``(1) New qualified freight rail infrastructure property.
``(2) Qualified locomotive property.
``(b) New Qualified Freight Rail Infrastructure Property.--For
purposes of this section--
``(1) In general.--The term `new qualified freight rail
infrastructure property' means qualified freight rail
infrastructure property--
``(A) the construction or erection (or in the case
of bridges and tunnels, any eligible bridge or tunnel
replacement or expansion pursuant to paragraph (2)) of
which is completed after the effective date of this
section, or
``(B) which is acquired by the taxpayer after such
date, but only if the original use of such property
commences with the taxpayer.
``(2) Exception for property replacing property at existing
location.--The term `new qualified freight rail infrastructure
property' does not include property which is replacing existing
qualified freight rail infrastructure property if the
replacement property is located at the site of the existing
property. The preceding sentence shall not apply to the
replacement or expansion of a bridge or tunnel to allow for
additional clearance, track, or other capacity enhancement
where such clearance, track, or other capacity enhancement did
not previously exist.
``(3) Qualified freight rail infrastructure property.--
``(A) In general.--The term `qualified freight rail
infrastructure property' means property, whether or not
owned by a railroad, used in the movement of freight by
rail--
``(i) the cost of which is chargeable to
capital account (determined without regard to
section 179F), and
``(ii) which constitutes--
``(I) railroad grading or tunnel
bore (as defined in section 168(e)(4)),
``(II) tunnels or subways,
``(III) track, including ties,
rails, ballast, or other track
material,
``(IV) bridges, trestles, culverts,
or other elevated or submerged
structures,
``(V) terminals, yards, roadway
buildings, fuel stations, or railroad
wharves or docks, including fixtures
attached thereto, and equipment used
exclusively therein,
``(VI) railroad signal,
communication, or other operating
systems, including components of such
systems that must be installed on
locomotives or other rolling stock, or
``(VII) intermodal transfer or
transload facilities or terminals,
including fixtures attached thereto,
and equipment used exclusively therein.
``(B) Exclusions.--The term `qualified freight rail
infrastructure property' shall not include--
``(i) land,
``(ii) rolling stock, including
locomotives, or
``(iii) property used predominantly outside
the United States, except that this clause
shall not apply to any property described in
section 168(g)(4).
``(c) Qualified Locomotive Property.--
``(1) In general.--For purposes of this section, the term
`qualified locomotive property' means a locomotive, whether or
not owned by a railroad, which--
``(A) is acquired by the taxpayer after the
effective date of this section, but only if the
original use of such property commences with the
taxpayer,
``(B) is owned by, or leased to, a taxpayer which
meets the capacity expansion requirement of paragraph
(2) for the taxable year in which the locomotive is
placed in service, and
``(C) meets the Environmental Protection Agency's
emission standards for locomotives and locomotive
engines as in effect on December 31, 2006.
``(2) Capacity expansion requirement.--A taxpayer meets the
requirements of this paragraph with respect to any locomotive
only if, on the last day of the taxable year in which such
locomotive is placed in service, the total horsepower of all
locomotives owned by, or leased to, the taxpayer exceeds the
total horsepower of all locomotives owned by, or leased to, the
taxpayer on the last day of the preceding taxable year. A
determination under this paragraph shall be made pursuant to
such reports as the Secretary, in consultation with the Surface
Transportation Board, may prescribe.
``(3) Special rule for the leasing of locomotives.--In the
case of the leasing of locomotives, total horsepower under
paragraph (2) shall be determined with respect to all
locomotives owned by, or leased to, the lessee.
``(d) Other Definitions and Special Rules.--
``(1) Definitions.--For purposes of this section--
``(A) Railroad signal, communication, or other
operating system.--The term `railroad signal,
communication, or other operating system' means an
appliance, method, device, or system (including
hardware and software) which is used to operate a
railroad or to improve safety or capacity of railroad
operations, including a signal, an interlocker, an
automatic train stop, or a train control or cab-signal
device.
``(B) Intermodal transfer or transload facility or
terminal.--The term `intermodal transfer or transload
facility or terminal' means a facility or terminal
primarily utilized in the transfer of freight between
rail and any other mode of transportation.
``(2) Coordination with other credits.--The cost of any
property taken into account in determining the credit under
this section may not be taken into account in determining a
credit under any other provision of this title.
``(3) Basis adjustment.--If a credit is determined under
this section with respect to the cost of any qualified freight
rail infrastructure property or qualified locomotive property,
the basis of such property shall be reduced by the amount of
the credit so determined.
``(4) Sale-leasebacks.--If qualified freight rail
infrastructure property or qualified locomotive property is--
``(A) originally placed in service by a person
after the effective date of this section, and
``(B) sold and leased back by such person within 3
months after the property is originally placed in
service (or, in the case of multiple units of property
subject to the same lease, within 3 months after the
date the final unit is placed in service, so long as
the period between the time the first unit is placed in
service and the time the last unit is placed in service
does not exceed 12 months),
such property shall be treated as originally placed in service
not earlier than the date on which such property is used under
the lease referred to in subparagraph (B).
``(5) Recapture.--The benefit of any credit allowable under
subsection (a) shall, under regulations prescribed by the
Secretary, be recaptured with respect to any qualified
locomotive property that is sold or otherwise disposed of by
the taxpayer during the 5-year period beginning on the date on
which such property is originally placed in service. The
preceding sentence shall not apply to locomotive property that
is sold by and subsequently leased back to the taxpayer.
``(e) Termination.--This section shall not apply to any property
placed in service after December 31, 2015.''.
(b) Credit Allowed as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (34),
by striking the period at the end of paragraph (35) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(36) the freight rail capacity expansion credit
determined under section 45R.''.
(c) Coordination With Section 55.--Section 38(c)(4)(B) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (vii), by striking the period at the end of clause (viii) and
inserting ``, and'', and by adding at the end the following new clause:
``(ix) for taxable years ending after the
effective date of this clause, the credit
determined under section 45R.''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45Q the
following new item:
``Sec. 45R. Freight rail capacity expansion credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2009.
SEC. 3. EXPENSING OF FREIGHT RAIL INFRASTRUCTURE PROPERTY.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179E the following new section:
``SEC. 179F. ELECTION TO EXPENSE QUALIFIED FREIGHT RAIL INFRASTRUCTURE
PROPERTY.
``(a) Allowance of Deduction.--
``(1) In general.--A taxpayer may elect to treat any amount
paid or incurred for the acquisition, construction, or erection
of qualified freight rail infrastructure property (as defined
in section 45R(b)(3)) as an amount not chargeable to capital
account. Any amount so treated shall be allowed as a deduction
for the taxable year in which such property was placed in
service.
``(2) Coordination with credit.--The amount to which the
election under paragraph (1) applies with respect to any
property shall be reduced by an amount equal to the amount of
any reduction in the basis of the property under section
45R(d)(3).
``(b) Election.--An election under subsection (a) shall be made,
with respect to each class of property for each taxable year, at such
time and in such manner as the Secretary may prescribe by regulation.
If a taxpayer makes such an election with respect to any class of
property for any taxable year, the election shall apply to all
qualified freight rail infrastructure property in such class placed in
service during such taxable year. An election under this section shall
not affect the character of any property for the purposes of section
45R.
``(c) Deduction Allowed in Computing Minimum Tax.--For purposes of
determining alternative minimum taxable income under section 55, the
deduction under subsection (a) for qualified freight rail
infrastructure property shall be determined under this section without
regard to any adjustment under section 56.
``(d) Termination.--This section shall not apply to any property
placed in service after December 31, 2015.''
(b) Deduction for Capital Expenditures.--Section 263(a)(1) of the
Internal Revenue Code of 1986 (relating to capital expenditures) is
amended by striking ``or'' at the end of subparagraph (K), by striking
the period at the end of subparagraph (L) and inserting ``, or'', and
by adding at the end the following new subparagraph:
``(M) expenditures for which a deduction is allowed
under section 179F.''
(c) Technical and Clerical Amendments.--
(1) Section 312(k)(3)(B) of the Internal Revenue Code of
1986 is amended by striking ``or 179E'' each place it appears
in the text or heading thereof and inserting ``179E, or 179F''.
(2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such
Code are each amended by inserting ``179F,'' after ``179E,''.
(3) The table of sections for part VI of subchapter B of
chapter 1 of subtitle A of such Code is amended by inserting
after the item relating to section 179E the following new item:
``Sec. 179F. Election to expense qualified freight rail infrastructure
property.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2009.
SEC. 4. WAGE RATE REQUIREMENTS.
The taxpayer shall not be allowed a credit under section 45R of the
Internal Revenue Code of 1986 (as added by section 2 of this Act) or a
deduction under section 179F of such Code (as added by section 3 of
this Act) until the taxpayer certifies in writing to the Secretary of
the Treasury that all laborers and mechanics employed by contractors
and subcontractors in construction, replacement, or expansion of new
qualified freight rail infrastructure property for which such credit or
deduction (as the case may be) is claimed were paid wages at rates not
less than those prevailing at the time the construction, replacement,
or expansion work was performed on similar work in the locality as
determined by the Secretary of Labor in accordance with subchapter IV
of chapter 31 of part A of subtitle II of title 40, United States Code
(commonly referred to as the ``Davis-Bacon Act''). | Freight Rail Infrastructure Capacity Expansion Act of 2009 - Amends the Internal Revenue Code to allow: (1) a tax credit for 25% of the cost of new qualified freight rail infrastructure property and qualified locomotive property; and (2) a taxpayer election to expense the cost of qualified freight rail infrastructure property (i.e., deduct all costs in the current taxable year). Terminates such credit and expensing election after 2015.
Requires compliance with federal wage rate requirements under the Davis-Bacon Act as a condition of eligibility for the tax credit and expensing allowance provided by this Act. | To amend the Internal Revenue Code of 1986 to provide incentives to encourage investment in the expansion of freight rail infrastructure capacity and to enhance modal tax equity. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Forest Organizational Camp
Fee Improvement Act of 2002''.
SEC. 2. FINDINGS, PURPOSE, AND DEFINITIONS.
(a) Findings.--Congress finds the following:
(1) Organizational camps, such as those administered by the
Boy Scouts, Girl Scouts, and faith-based and community-based
organizations, provide a valuable service to young people,
individuals with a disability, and their families by promoting
physical, mental, and spiritual health through activities
conducted in a natural environment.
(2) The 192,000,0000 acres of national forests and
grasslands of the National Forest System managed for multiple
uses by the Forest Service provides an ideal setting for such
organizational camps.
(3) The Federal Government should charge land use fees for
the occupancy and use of National Forest System lands by such
organizational camps that, while based on the fair market value
of the land in use, also recognize the benefits provided to
society by such organizational camps, do not preclude the
ability of such organizational camps from utilizing these
lands, and permit capital investment in, and maintenance of,
camp facilities by such organizational camps or their
sponsoring organizations.
(4) Organizational camps should--
(A) ensure that their facilities meet applicable
building and safety codes, including fire and health
codes;
(B) have annual inspections as required by local
law, including at a minimum inspections for fire and
food safety; and
(C) have in place safety plans that address fire
and medical emergencies and encounters with wildlife.
(b) Purpose.--It is the purpose of this Act to establish a land use
fee system that provides for an equitable return to the Federal
Government for the occupancy and use of National Forest System lands by
organizational camps that serve young people or individuals with a
disability.
(c) Definitions.--In this Act:
(1) The term ``organizational camp'' means a public or
semipublic camp that--
(A) is developed on National Forest System lands by
a nonprofit organization or governmental entity;
(B) provides a valuable service to the public by
using such lands as a setting to introduce young people
or individuals with a disability to activities that
they may not otherwise experience and to educate them
on natural resource issues; and
(C) does not have as its primary purpose raising
revenue through commercial activities.
(2) The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(3) The term ``individual with a disability'' has the
meaning given the term in section 7(20) of the Rehabilitation
Act of 1973 (29 U.S.C. 705(20)).
(4) The term ``children at risk'' means children who are
raised in poverty or in single-parent homes or are subject to
such circumstances as parental drug abuse, homelessness, or
child abuse.
(5) The term ``change in control'' means--
(A) for a corporation, the sale or transfer of a
controlling interest in the corporation;
(B) for a partnership or limited liability company,
the sale or transfer of a controlling interest in the
partnership or limited liability company; and
(C) for an individual, the sale or transfer or an
organizational camp subject to this Act to another
party.
SEC. 3. FEES FOR OCCUPANCY AND USE OF NATIONAL FOREST SYSTEM LANDS AND
FACILITIES BY ORGANIZATIONAL CAMPS.
(a) Land Use Fee.--
(1) Percentage of land value.--The Secretary shall charge
an annual land use fee for each organizational camp for its
occupancy and use of National Forest System lands equal to five
percent of the product of the following:
(A) The total number of acres of National Forest
System lands authorized for the organizational camp.
(B) The estimated per-acre market value of land and
buildings in the county where the camp is located, as
reported in the most recent Census of Agriculture
conducted by the National Agricultural Statistics
Service.
(2) Annual adjustment.--The land use fee determined under
paragraph (1) for an organizational camp shall be adjusted
annually by the annual compounded rate of change between the
two most recent Censuses of Agriculture.
(3) Reduction in fees.--
(A) Type of participants.--The Secretary shall
reduce the land use fee determined under paragraph (1)
proportionate to the number of individuals with a
disability and children at risk who annually attend the
organizational camp.
(B) Type of programs.--After making the reduction
required by subparagraph (A), the Secretary shall
reduce the remaining land use fee amount by up to 60
percent, proportionate to the number of persons who
annually attend the organizational camp who participate
in youth programs through organized and supervised
social, citizenship, character-building, or faith-based
activities oriented to outdoor-recreation experiences.
(C) Relation to minimum fee.--The reductions made
under this paragraph may not reduce the land use fee
for an organizational camp below the minimum land use
fee required to be charged under paragraph (4).
(D) Special considerations.--For purposes of
determining the amount of the land use fee reduction
required under subparagraph (A) or (B), the Secretary
may not take into consideration the existence of
sponsorships or scholarships to assist persons in
attending the organizational camp.
(4) Minimum land use fee.--The Secretary shall charge a
minimum land use fee under paragraph (1) that represents, on
average, the Secretary's cost annually to administer an
organizational camp special use authorization in the National
Forest Region in which the organizational camp is located.
Notwithstanding paragraph (3) or subsection (d), the minimum
land use fee shall not be subject to a reduction or waiver.
(b) Facility Use Fee.--
(1) Percentage of facilities value.--If an organizational
camp uses a Government-owned facility on National Forest System
lands pursuant to section 7 of the Act of April 24, 1950
(commonly known as the Granger-Thye Act; 16 U.S.C. 580d), the
Secretary shall charge, in addition to the land use fee imposed
under subsection (a), a facility use fee equal to five percent
of the value of the authorized facilities, as determined by the
Secretary.
(2) Reduction in fees prohibited.--Notwithstanding
subsection (d), the facility use fees determined under
paragraph (1) shall not be subject to a reduction or waiver.
(c) Fee Related to Receipt of Other Revenues.--If an organizational
camp derives revenue from the use of National Forest System lands or
authorized facilities described in subsection (b) for purposes other
than to introduce young people or individuals with a disability to
activities that they may not otherwise experience and to educate them
on natural resource issues, the Secretary shall charge, in addition to
the land use fee imposed under subsection (a) and the facility use fee
imposed under subsection (b), an additional fee equal to five percent
of that revenue.
(d) Work-In-Lieu Program.--Subject to subsections (a)(4) and
(b)(2), section 3 of the Federal Timber Contract Payment Modification
Act (16 U.S.C. 539f) shall apply to the use fees imposed under this
section.
SEC. 4. IMPLEMENTATION.
(a) Prompt Implementation.--The Secretary shall issue direction
regarding implementation of this Act by interim directive within 180
days after the date of the enactment of this Act. The Secretary shall
implement this Act beginning with the first billing cycle for
organizational camp special use authorizations occurring more than 180
days after the date of the enactment of this Act.
(b) Phase-In of Use Fee Increases.--In issuing any direction
regarding implementation of this Act under subsection (a), the
Secretary shall consider whether to phase-in any significant increases
in annual land or facility use fees for organizational camps.
SEC. 5. RELATIONSHIP TO OTHER LAWS.
Except as specifically provided by this Act, nothing in this Act
supersedes or otherwise affects any provision of law, regulation, or
policy regarding the issuance or administration of authorizations for
organizational camps regarding the occupancy and use of National Forest
System lands.
SEC. 6. DEPOSIT AND EXPENDITURE OF USE FEES.
(a) Deposit and Availability.--Unless subject to section 7 of the
Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16
U.S.C. 580d), use fees collected by the Secretary under this Act shall
be deposited in a special account in the Treasury and shall remain
available to the Secretary for expenditure, without further
appropriation until expended, for the purposes described in subsection
(c).
(b) Transfer.--Upon request of the Secretary, the Secretary of the
Treasury shall transfer to the Secretary from the special account such
amounts as the Secretary may request. The Secretary shall accept and
use such amounts in accordance with subsection (c).
(c) Use.--Use fees deposited pursuant to subsection (a) and
transferred to the Secretary under subsection (b) shall be expended for
monitoring of Forest Service special use authorizations, administration
of the Forest Service's special program, interpretive programs,
environmental analysis, environmental restoration, and similar
purposes.
SEC. 7. MINISTERIAL ISSUANCE, OR AMENDMENT AUTHORIZATION.
(a) NEPA Exception.--The ministerial issuance or amendment of an
organizational camp special use authorization shall not be subject to
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Rule of Construction.--For purposes of subsection (a), the
ministerial issuance or amendment of an authorization occurs only when
the issuance or amendment of the authorization would not change the
physical environment or the activities, facilities, or program of the
operations governed by the authorization, and at least one of the
following apply:
(1) The authorization is issued upon a change in control of
the holder of an existing authorization.
(2) The holder, upon expiration of an authorization, is
issued a new authorization.
(3) The authorization is amended--
(A) to effectuate administrative changes, such as
modification of the land use fee or conversion to a new
special use authorization form; or
(B) to include nondiscretionary environmental
standards or to conform with current law. | National Forest Organizational Camp Fee Improvement Act of 2002 - Directs the Secretary of Agriculture to charge an annual acreage and market value-based fee for the occupancy and use of National Forest System lands and facilities by organizational camps (nonprofit or governmental entity-run camps for youth or persons with disabilities).Reduces the land-use fee, but not below a minimum amount to be determined by the Secretary, for: (1) use by persons with disabilities and at-risk children; and (2) youth programs through organized social, citizenship, character-building, or faith-based activities oriented to outdoor recreation. Prohibits facility use fee reductions. | To establish a user fee system that provides for an equitable return to the Federal Government for the occupancy and use of National Forest System lands and facilities by organizational camps that serve the youth and disabled adults of America, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Hospitals Education and
Research Act of 1999''.
SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE
GRADUATE MEDICAL EDUCATION PROGRAMS.
(a) Payments.--The Secretary shall make two payments under this
section to each children's hospital for each of fiscal years 2000 and
2001, one for the direct expenses and the other for indirect expenses
associated with operating approved graduate medical residency training
programs.
(b) Amount of Payments.--
(1) In general.--Subject to paragraph (2), the amounts
payable under this section to a children's hospital for an
approved graduate medical residency training program for a
fiscal year are each of the following amounts:
(A) Direct expense amount.--The amount determined
under subsection (c) for direct expenses associated
with operating approved graduate medical residency
training programs.
(B) Indirect expense amount.--The amount determined
under subsection (d) for indirect expenses associated
with the treatment of more severely ill patients and
the additional costs relating to teaching residents in
such programs.
(2) Capped amount.--
(A) In general.--The total of the payments made to
children's hospitals under paragraph (1)(A) or
paragraph (1)(B) in a fiscal year shall not exceed the
funds appropriated under paragraph (1) or (2),
respectively, of subsection (f) for such payments for
that fiscal year.
(B) Pro rata reductions of payments for direct
expenses.--If the Secretary determines that the amount
of funds appropriated under subsection (f)(1) for a
fiscal year is insufficient to provide the total amount
of payments otherwise due for such periods under
paragraph (1)(A), the Secretary shall reduce the
amounts so payable on a pro rata basis to reflect such
shortfall.
(c) Amount of Payment for Direct Graduate Medical Education.--
(1) In general.--The amount determined under this
subsection for payments to a children's hospital for direct
graduate expenses relating to approved graduate medical
residency training programs for a fiscal year is equal to the
product of--
(A) the updated per resident amount for direct
graduate medical education, as determined under
paragraph (2)); and
(B) the average number of full-time equivalent
residents in the hospital's graduate approved medical
residency training programs (as determined under
section 1886(h)(4) of the Social Security Act (42
U.S.C. 1395ww(h)(4))) during the fiscal year.
(2) Updated per resident amount for direct graduate medical
education.--The updated per resident amount for direct graduate
medical education for a hospital for a fiscal year is an amount
determined as follows:
(A) Determination of hospital single per resident
amount.--The Secretary shall compute for each hospital
operating an approved graduate medical education
program (regardless of whether or not it is a
children's hospital) a single per resident amount equal
to the average (weighted by number of full-time
equivalent residents) of the primary care per resident
amount and the non-primary care per resident amount
computed under section 1886(h)(2) of the Social
Security Act for cost reporting periods ending during
fiscal year 1997.
(B) Determination of wage and non-wage-related
proportion of the single per resident amount.--The
Secretary shall estimate the average proportion of the
single per resident amounts computed under subparagraph
(A) that is attributable to wages and wage-related
costs.
(C) Standardizing per resident amounts.--The
Secretary shall establish a standardized per resident
amount for each such hospital--
(i) by dividing the single per resident
amount computed under subparagraph (A) into a
wage-related portion and a non-wage-related
portion by applying the proportion determined
under subparagraph (B);
(ii) by dividing the wage-related portion
by the factor applied under section
1886(d)(3)(E) of the Social Security Act (42
U.S.C. 1395ww(d)(3)(E)) for discharges
occurring during fiscal year 1999 for the
hospital's area; and
(iii) by adding the non-wage-related
portion to the amount computed under clause
(ii).
(D) Determination of national average.--The
Secretary shall compute a national average per resident
amount equal to the average of the standardized per
resident amounts computed under subparagraph (C) for
such hospitals, with the amount for each hospital
weighted by the average number of full-time equivalent
residents at such hospital.
(E) Application to individual hospitals.--The
Secretary shall compute for each such hospital that is
a children's hospital a per resident amount--
(i) by dividing the national average per
resident amount computed under subparagraph (D)
into a wage-related portion and a non-wage-
related portion by applying the proportion
determined under subparagraph (B);
(ii) by multiplying the wage-related
portion by the factor described in subparagraph
(C)(ii) for the hospital's area; and
(iii) by adding the non-wage-related
portion to the amount computed under clause
(ii).
(F) Updating rate.--The Secretary shall update such
per resident amount for each such children's hospital
by the estimated percentage increase in the consumer
price index for all urban consumers during the period
beginning October 1997 and ending with the midpoint of
the hospital's cost reporting period that begins during
fiscal year 2000.
(d) Amount of Payment for Indirect Medical Education.--
(1) In general.--The amount determined under this
subsection for payments to a children's hospital for indirect
expenses associated with the treatment of more severely ill
patients and the additional costs related to the teaching of
residents for a fiscal year is equal to an amount determined
appropriate by the Secretary.
(2) Factors.--In determining the amount under paragraph
(1), the Secretary shall--
(A) take into account variations in case mix among
children's hospitals and the number of full-time
equivalent residents in the hospitals' approved
graduate medical residency training programs; and
(B) assure that the aggregate of the payments for
indirect expenses associated with the treatment of more
severely ill patients and the additional costs related
to the teaching of residents under this section in a
fiscal year are equal to the amount appropriated for
such expenses for the fiscal year involved under
subsection (f)(2).
(e) Making of Payments.--
(1) Interim payments.--The Secretary shall determine,
before the beginning of each fiscal year involved for which
payments may be made for a hospital under this section, the
amounts of the payments for direct graduate medical education
and indirect medical education for such fiscal year and shall
(subject to paragraph (2)) make the payments of such amounts in
26 equal interim installments during such period.
(2) Withholding.--The Secretary shall withhold up to 25
percent from each interim installment for direct graduate
medical education paid under paragraph (1).
(3) Reconciliation.--At the end of each fiscal year for
which payments may be made under this section, the hospital
shall submit to the Secretary such information as the Secretary
determines to be necessary to determine the percent (if any) of
the total amount withheld under paragraph (2) that is due under
this section for the hospital for the fiscal year. Based on
such determination, the Secretary shall recoup any overpayments
made, or pay any balance due. The amount so determined shall be
considered a final intermediary determination for purposes of
applying section 1878 of the Social Security Act (42 U.S.C.
1395oo) and shall be subject to review under that section in
the same manner as the amount of payment under section 1886(d)
of such Act (42 U.S.C. 1395ww(d)) is subject to review under
such section.
(f) Authorization of Appropriations.--
(1) Direct graduate medical education.--
(A) In general.--There are hereby authorized to be
appropriated, out of any money in the Treasury not
otherwise appropriated, for payments under subsection
(b)(1)(A) --
(i) for fiscal year 2000, $90,000,000; and
(ii) for fiscal year 2001, $95,000,000.
(B) Carryover of excess.--The amounts appropriated
under subparagraph (A) for fiscal year 2000 shall
remain available for obligation through the end of
fiscal year 2001.
(2) Indirect medical education.--There are hereby
authorized to be appropriated, out of any money in the Treasury
not otherwise appropriated, for payments under subsection
(b)(1)(A) --
(A) for fiscal year 2000, $190,000,000; and
(B) for fiscal year 2001, $190,000,000.
(f) Relation to Medicare and Medicaid Payments.--Notwithstanding
any other provision of law, payments under this section to a hospital
for fiscal years 2000 and 2001--
(1) are in lieu of any amounts otherwise payable to the
hospital under section 1886(h) or 1886(d)(5)(B) of the Social
Security Act (42 U.S.C. 1395ww(h); 1395ww(d)(5)B)) for portions
of cost reporting periods occurring during such fiscal years;
but
(2) shall not affect the amounts otherwise payable to such
hospitals under a State medicaid plan under title XIX of such
Act (42 U.S.C. 1396 et seq.).
(g) Definitions.--In this section:
(1) Approved graduate medical residency training program.--
The term ``approved graduate medical residency training
program'' has the meaning given the term ``approved medical
residency training program'' in section 1886(h)(5)(A) of the
Social Security Act (42 U.S.C. 1395ww(h)(5)(A)).
(2) Children's hospital.--The term ``children's hospital''
means a hospital described in section 1886(d)(1)(B)(iii) of the
Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iii)).
(3) Direct graduate medical education costs.--The term
``direct graduate medical education costs'' has the meaning
given such term in section 1886(h)(5)(C) of the Social Security
Act (42 U.S.C. 1395ww(h)(5)(C)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Children's Hospitals Education and Research Act of 1999 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period under Medicare (title XVIII of the Social Security Act (SSA)) for FY 2000 and 2001 for the direct and indirect expenses associated with operating approved medical residency training programs.
Provides that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid (SSA title XIX) plan.
Authorizes appropriations. | Children's Hospitals Education and Research Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Federal Mandates on School
Lunch Act''.
SEC. 2. PROHIBITION OF REGULATIONS ESTABLISHING CERTAIN LIMITS FOR THE
SCHOOL LUNCH PROGRAM.
Beginning on the date of enactment of this Act and until the date
of enactment of a law that extends by not less than 5 fiscal years the
authorization or duration of 1 or more programs under the Richard B.
Russell School Lunch Act (42 U.S.C. 1751 et seq.) or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary of
Agriculture shall not--
(1) implement, administer, or enforce part 210 of title 7,
Code of Federal Regulations (as such part relates to the
establishment of a maximum calorie limit and a maximum quantity
of grains, meat, or meat alternatives for the school lunch
program), as amended by the final regulations published by the
Department of Agriculture in the Federal Register on January
26, 2012 (77 Fed. Reg. 4088 et seq.); or
(2) promulgate or enforce any new rule or regulation that
establishes a maximum calorie limit or maximum quantity of
grains, meat, or meat alternatives for the school lunch program
established under the Richard B. Russell School Lunch Act (42
U.S.C. 1751 et seq.).
SEC. 3. SODIUM TARGET LEVELS; WHOLE GRAIN REQUIREMENT.
Section 9(f) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(f)) is amended by adding at the end the following:
``(5) Sodium target levels.--Notwithstanding any other
provision of law, the Secretary shall not implement any
regulation under this Act, the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), the Healthy, Hunger-Free Kids Act of 2010
(Public Law 111-296), or any other law that would require a
reduction in the quantity of sodium contained in federally
reimbursed meals, foods, and snacks sold in schools below
Target 1 (as described in section 220.8(f)(3) of title 7, Code
of Federal Regulations (or successor regulations)).
``(6) Whole grain requirement.--Notwithstanding the final
rule of the Secretary entitled `Nutrition Standards in the
National School Lunch and School Breakfast Programs' (77 Fed.
Reg. 4088 (January 26, 2012)) or any other provision of law--
``(A) the Secretary shall only require that half of
all grains in federally reimbursed meals, foods, and
snacks sold in schools are whole grain-rich; and
``(B) school food authorities shall comply with the
applicable grain component or standard with respect to
the school lunch or school breakfast program that was
in effect prior to July 1, 2014.''.
SEC. 4. PROHIBITION OF OTHER NUTRITION REGULATIONS FOR CERTAIN SCHOOL
FOOD AUTHORITIES.
(a) Prohibition.--
(1) In general.--Beginning on the date of enactment of this
Act and until the date of enactment of a law that extends by
not less than 5 fiscal years the authorization or duration of 1
or more programs under the Richard B. Russell School Lunch Act
(42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), the Secretary of Agriculture shall not
implement, administer, or enforce the rules or regulations
described in subsection (b) with respect to any school food
authority that certifies to the State in which the school food
authority is located that the school food authority--
(A) has calculated the costs of complying with such
rules and regulations; and
(B) has determined, in a manner consistent with
school district operational procedures, that the school
food authority is not capable of operating a food
service program without increased costs as a result of
complying with any or all of such rules and
regulations.
(2) Prohibition on defining costs.--For purposes of this
subsection, the Secretary of Agriculture shall not--
(A) define the phrase ``costs of complying''; or
(B) establish or suggest how a school food
authority shall calculate the costs of complying under
paragraph (1)(A) or increased costs under paragraph
(1)(B).
(b) Regulations.--The rules and regulations described in subsection
(a)(1) are the following:
(1) The rule entitled ``National School Lunch Program and
School Breakfast Program: Nutrition Standards for All Foods
Sold in School as Required by the Healthy, Hunger-Free Kids Act
of 2010'' published by the Department of Agriculture in the
Federal Register on June 28, 2013 (78 Fed. Reg. 39068 et seq.),
or any new rule with respect to foods sold in schools other
than those foods provided under the Richard B. Russell School
Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
(2) Part 210 of title 7, Code of Federal Regulations (as
amended by the interim regulations published by the Department
of Agriculture in the Federal Register on June 17, 2011 (76
Fed. Reg. 35301 et seq.)), as such part relates to school lunch
price increases, or any new rule or regulation with respect to
increasing the price of school lunches under the Richard B.
Russell School Lunch Act (42 U.S.C. 1751 et seq.).
(3) Part 220 of title 7, Code of Federal Regulations (as
amended by the final regulations published by the Department of
Agriculture in the Federal Register on January 26, 2012 (77
Fed. Reg. 4088 et seq.)), as such part relates to establishing
new food-based meal patterns, nutrition standards, and meal
planning approaches for the school breakfast program, or any
new rule or regulation which establishes new food-based meal
patterns, nutrition standards, or meal planning approaches for
the school breakfast program established under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
SEC. 5. RULES OF CONSTRUCTION.
Nothing in this Act prohibits the Secretary of Agriculture from
implementing, administering, or enforcing--
(1) any rules or regulations not described in this Act; or
(2) parts 210 and 220 of title 7, Code of Federal
Regulations, as such parts were in effect on the day before the
effective dates of the amendments made to such parts described
in paragraphs (2) and (3) of section 4(b), respectively. | Reducing Federal Mandates on School Lunch Act This bill prohibits the Department of Agriculture (USDA) from implementing, administering, or enforcing a specified regulation, or promulgating or enforcing any new rule or regulation, establishing a maximum calorie limit or quantity of grains, meat, or meat alternatives for the school lunch program. USDA may not implement, administer, or enforce specified rules and regulations with respect to any school food authority that certifies to its state that it: (1) has calculated the costs of complying with such rules and regulations; and (2) has determined, in a manner consistent with school district operational procedures, that it cannot operate a food service program without incurring increased costs for complying with those rules and regulations. Those rules and regulations are: the rule entitled "National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010"; any new rule regarding foods sold in schools that are not foods provided under the school lunch or breakfast programs; a specified regulation and any new rule or regulation regarding school lunch price increases; and a specified regulation and any new rule or regulation which establishes new food-based meal patterns, nutrition standards, or meal planning approaches for the school breakfast program. USDA may not define the phrase "costs of complying" or establish or suggest how a school food authority is to calculate those costs or increased costs for complying. The prohibitions will remain in effect until a law is enacted that extends by at least five fiscal years the authorization or duration of one or more school lunch or breakfast programs. The bill amends the Richard B. Russell National School Lunch Act to prohibit USDA from implementing any regulation that would require a reduction in the quantity of sodium contained in federally reimbursed meals, foods, and snacks sold in schools below specified July 2014 maximum levels allowed in school breakfasts for school year 2014-2015. With respect to grain contents, USDA shall only require that half of all grains in such food items are whole grain-rich. School food authorities must comply with the applicable grain component or standard with respect to the school lunch or school breakfast program in effect before July 1, 2014. | Reducing Federal Mandates on School Lunch Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Classroom Innovation
Act''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment is expressed in terms of an amendment to a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.).
SEC. 3. ENCOURAGING STATE AND LOCAL BLENDED LEARNING PROJECTS.
(a) State Applications.--Section 2112(b) (20 U.S.C. 6612(b)) is
amended by inserting at the end the following:
``(13) In the case of a State that will carry out a program
to award grants under section 2121(b), a description of the
program, which shall include--
``(A) the criteria the State will use to award
grants under such section to eligible entities to carry
out blended learning projects;
``(B) the State policies and procedures to be
waived by the State, consistent with Federal law, for
such eligible entities to carry out such projects,
which may include waivers with respect to--
``(i) restrictions on class sizes;
``(ii) restrictions on licensing or
credentialing of personnel supervising student
work in such projects;
``(iii) restrictions on the use of State
funding for instructional materials for the
purchase of digital instructional resources;
``(iv) restrictions on advancing students
based on demonstrated mastery of learning
outcomes, rather than seat-time requirements;
and
``(v) restrictions on secondary school
students in the State enrolling in online
coursework;
``(C) how the State will inform eligible entities
of the availability of the waivers described in
subparagraph (B); and
``(D) how the State will provide the non-Federal
match required under section 2121(b)(2)(D).''.
(b) Reservation of Subgrant Funds for Blended Learning.--Section
2121 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6621) is amended by adding at the end the following:
``(b) Reservation for Blended Learning.--
``(1) In general.--Notwithstanding any other provision of
this part, a State that receives a grant under subpart 1 may
reserve not more than 5 percent of the amount reserved to carry
out this part under section 2113(a)(1) to make grants to local
educational agencies to enable the agencies to carry out
blended learning projects described in paragraph (2).
``(2) Blended learning projects.--
``(A) In general.--
``(i) In general.--The State educational
agency may use the funds described in paragraph
(1) to carry out a program to award grants on a
competitive basis to eligible entities in the
State to carry out blended learning projects
described in this paragraph.
``(ii) Reservation for rural areas.--In
awarding grants under this paragraph, a State
educational agency shall reserve 5 percent of
the funds available to carry out this paragraph
for eligible entities that will serve rural
areas.
``(B) Application.--An eligible entity desiring to
receive a grant under this paragraph shall submit an
application to the State educational agency at such
time and in such manner as the agency may require, and
which describes--
``(i) the blended learning project to be
carried out by the eligible entity, including
the design of the instructional model to be
carried out by the eligible entity and how such
eligible entity will use funds provided under
this paragraph to carry out the project;
``(ii) in the case of an eligible entity
described in subclause (I) or (III) of
subparagraph (E)(iii), the schools that will
participate in the project;
``(iii) the expected impact on student
academic achievement;
``(iv) how the eligible entity will ensure
sufficient information technology is available
to carry out the project;
``(v) how the eligible entity will ensure
sufficient digital instructional resources are
available to students participating in the
project;
``(vi) the ongoing professional development
to be provided for teachers, school leaders,
and other personnel carrying out the project;
``(vii) the State policies and procedures
for which the eligible entity requests waivers
from the State to carry out the project, which
may include requests for the waivers described
in section 2112(b)(13)(B);
``(viii) as appropriate, how the eligible
entity will use the blended learning project to
improve instruction and access to the
curriculum for diverse groups of students,
including students with disabilities and
students who are limited English proficient;
``(ix) how the eligible entity will
evaluate the project in terms of student
academic achievement and publicly report the
results of such evaluation; and
``(x) how the eligible entity will sustain
the project beyond the grant period.
``(C) Uses of funds.--An eligible entity receiving
a grant under this paragraph shall use such grant to
carry out a blended learning project, which shall
include at least 1 of the following activities:
``(i) Planning activities, which may
include development of new instructional models
(including blended learning technology software
and platforms), the purchase of digital
instructional resources, initial professional
development activities, and one-time
information technology purchases, except that
such expenditures may not include expenditures
related to significant construction or
renovation of facilities.
``(ii) Ongoing professional development for
teachers, school leaders, or other personnel
involved in the project that is designed to
support the implementation and academic success
of the project.
``(D) Non-federal match.--A State educational
agency that carries out a grant program under this
paragraph shall provide non-Federal matching funds
equal to not less than 10 percent of the grant funds
awarded by the State educational agency to eligible
entities under this paragraph.
``(E) Definitions.--In this paragraph:
``(i) Blended learning project.--The term
`blended learning project' means a formal
education program--
``(I) that includes an element of
online learning, and instructional time
in a supervised location away from
home;
``(II) that includes an element of
student control over time, path, or
pace; and
``(III) in which the elements are
connected to provide an integrated
learning experience.
``(ii) Charter school.--The term `charter
school' has the meaning given the term in
section 5210.
``(iii) Eligible entity.--The term
`eligible entity' means a--
``(I) local educational agency;
``(II) charter school; or
``(III) consortium of the entities
described in subclause (I) or (II),
which may be in partnership with a for-
profit or nonprofit entity.''. | 21st Century Classroom Innovation Act Amends part A (Teacher and Principal Training and Recruiting Fund) of title II of the Elementary and Secondary Education Act of 1965 to allow states to use up to 5% of their part A grant funds that are reserved for allocating subgrants to local educational agencies (LEAs) to award competitive grants to LEAs, charter schools, or consortia of such entities to carry out blended learning projects. Defines a "blended learning project" as a formal education program that: (1) includes an element of online learning and instructional time in a supervised location away from home; (2) includes an element of student control over time, path, or pace; and (3) connects the elements of the education program to provide an integrated learning experience. Requires the competitive grant funds to be used for: (1) planning activities, the purchase of digital instructional resources, initial professional development activities, and one-time information technology purchases; or (2) ongoing professional development for teachers, school leaders, or other personnel involved in the project. Requires each state making such a grant to contribute non-federal funds equal to at least 10% of the grant. | 21st Century Classroom Innovation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Information Privacy Act of
1999''.
SEC. 2. FINANCIAL INFORMATION PRIVACY.
The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is
amended by adding at the end the following:
``TITLE X--FINANCIAL INFORMATION PRIVACY PROTECTION
``SEC. 1001. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This title may be cited as the `Financial
Information Privacy Act of 1999'.
``(b) Table of Contents.--The table of contents for this title is
as follows:
``TITLE X--FINANCIAL INFORMATION PRIVACY PROTECTION
``Sec. 1001. Short title; table of contents.
``Sec. 1002. Definitions.
``Sec. 1003. Privacy protection for customer information of financial
institutions.
``Sec. 1004. Administrative enforcement.
``Sec. 1005. Civil liability.
``Sec. 1006. Criminal penalty.
``Sec. 1007. Relation to State laws.
``Sec. 1008. Agency guidance.
``SEC. 1002. DEFINITIONS.
``For purposes of this title, the following definitions shall
apply:
``(1) Customer.--The term `customer' means, with respect to
a financial institution, any person (or authorized
representative of a person) to whom the financial institution
provides a product or service, including that of acting as a
fiduciary.
``(2) Customer information of a financial institution.--The
term `customer information of a financial institution' means
any information maintained by a financial institution which is
derived from the relationship between the financial institution
and a customer of the financial institution and is identified
with the customer.
``(3) Document.--The term `document' means any information
in any form.
``(4) Financial institution.--
``(A) In general.--The term `financial institution'
means any institution engaged in the business of
providing financial services to customers who maintain
a credit, deposit, trust, or other financial account or relationship
with the institution.
``(B) Certain financial institutions specifically
included.--The term `financial institution' includes
any depository institution (as defined in section
19(b)(1)(A) of the Federal Reserve Act), any loan or
finance company, any credit card issuer or operator of
a credit card system, and any consumer reporting agency
that compiles and maintains files on consumers on a
nationwide basis (as defined in section 603(p)).
``(C) Further definition by regulation.--The Board
of Governors of the Federal Reserve System may
prescribe regulations further defining the term
`financial institution', in accordance with
subparagraph (A), for purposes of this title.
``SEC. 1003. PRIVACY PROTECTION FOR CUSTOMER INFORMATION OF FINANCIAL
INSTITUTIONS.
``(a) Prohibition on Obtaining Customer Information by False
Pretenses.--It shall be a violation of this title for any person to
obtain or attempt to obtain, or cause to be disclosed or attempt to
cause to be disclosed to any person, customer information of a
financial institution relating to another person--
``(1) by knowingly making a false, fictitious, or
fraudulent statement or representation to an officer, employee,
or agent of a financial institution with the intent to deceive
the officer, employee, or agent into relying on that statement
or representation for purposes of releasing the customer
information;
``(2) by knowingly making a false, fictitious, or
fraudulent statement or representation to a customer of a
financial institution with the intent to deceive the customer
into relying on that statement or representation for purposes
of releasing the customer information or authorizing the
release of such information; or
``(3) by knowingly providing any document to an officer,
employee, or agent of a financial institution, knowing that the
document is forged, counterfeit, lost, or stolen, was
fraudulently obtained, or contains a false, fictitious, or
fraudulent statement or representation, if the document is
provided with the intent to deceive the officer, employee, or
agent into relying on that document for purposes of releasing
the customer information.
``(b) Prohibition on Solicitation of a Person To Obtain Customer
Information From a Financial Institution Under False Pretenses.--It
shall be a violation of this title to request a person to obtain
customer information of a financial institution, knowing or consciously
avoiding knowing that the person will obtain, or attempt to obtain, the
information from the institution in any manner described in subsection
(a).
``(c) Nonapplicability to Law Enforcement Agencies.--No provision
of this section shall be construed so as to prevent any action by a law
enforcement agency, or any officer, employee, or agent of such
agency, to obtain customer information of a financial institution in
connection with the performance of the official duties of the agency.
``(d) Nonapplicability to Financial Institutions in Certain
Cases.--No provision of this section shall be construed to prevent any
financial institution, or any officer, employee, or agent of a
financial institution, from obtaining customer information of such
financial institution in the course of--
``(1) testing the security procedures or systems of such
institution for maintaining the confidentiality of customer
information;
``(2) investigating allegations of misconduct or negligence
on the part of any officer, employee, or agent of the financial
institution; or
``(3) recovering customer information of the financial
institution which was obtained or received by another person in
any manner described in subsection (a) or (b).
``(e) Nonapplicability to Certain Types of Customer Information of
Financial Institutions.--No provision of this section shall be
construed to prevent any person from obtaining customer information of
a financial institution that otherwise is available as a public record
filed pursuant to the securities laws (as defined in section 3(a)(47)
of the Securities Exchange Act of 1934).
``SEC. 1004. ADMINISTRATIVE ENFORCEMENT.
``(a) Enforcement by Federal Trade Commission.--Except as provided
in subsection (b), compliance with this title shall be enforced by the
Federal Trade Commission in the same manner and with the same power and
authority as the Commission has under the Fair Debt Collection
Practices Act to enforce compliance with that title.
``(b) Enforcement by Other Agencies in Certain Cases.--
``(1) In general.--Compliance with this title shall be
enforced under--
``(A) section 8 of the Federal Deposit Insurance
Act, in the case of--
``(i) national banks, and Federal branches
and Federal agencies of foreign banks, by the
Office of the Comptroller of the Currency;
``(ii) member banks of the Federal Reserve
System (other than national banks), branches
and agencies of foreign banks (other than
Federal branches, Federal agencies, and insured
State branches of foreign banks), commercial
lending companies owned or controlled by
foreign banks, and organizations operating
under section 25 or 25A of the Federal Reserve
Act, by the Board;
``(iii) banks insured by the Federal
Deposit Insurance Corporation (other than
members of the Federal Reserve System and
national nonmember banks) and insured State
branches of foreign banks, by the Board of
Directors of the Federal Deposit Insurance
Corporation; and
``(iv) savings associations the deposits of
which are insured by the Federal Deposit
Insurance Corporation, by the Director of the
Office of Thrift Supervision; and
``(B) the Federal Credit Union Act, by the
Administrator of the National Credit Union
Administration with respect to any Federal credit
union.
``(2) Violations of this title treated as violations of
other laws.--For the purpose of the exercise by any agency
referred to in paragraph (1) of its powers under any Act
referred to in that paragraph, a violation of this title shall
be deemed to be a violation of a requirement imposed under that
Act. In addition to its powers under any provision of law
specifically referred to in paragraph (1), each of the agencies
referred to in that paragraph may exercise, for the purpose of
enforcing compliance with this title, any other authority
conferred on such agency by law.
``(c) State Action for Violations.--
``(1) Authority of states.--In addition to such other
remedies as are provided under State law, if the chief law
enforcement officer of a State, or an official or agency
designated by a State, has reason to believe that any person
has violated or is violating this title, the State--
``(A) may bring an action to enjoin such violation
in any appropriate United States district court or in
any other court of competent jurisdiction;
``(B) may bring an action on behalf of the
residents of the State to recover damages of not more
than $1,000 for each violation; and
``(C) in the case of any successful action under
subparagraph (A) or (B), shall be awarded the costs of
the action and reasonable attorney fees as determined
by the court.
``(2) Rights of federal regulators.--
``(A) Prior notice.--The State shall serve prior
written notice of any action under paragraph (1) upon
the Federal Trade Commission and, in the case of an
action which involves a financial institution described
in section 1004(b)(1), the agency referred to in such
section with respect to such institution and provide
the Federal Trade Commission and any such agency with a
copy of its complaint, except in any case in which such
prior notice is not feasible, in which case the State
shall serve such notice immediately upon instituting
such action.
``(B) Right to intervene.--The Federal Trade
Commission or an agency described in subsection (b)
shall have the right--
``(i) to intervene in an action under
paragraph (1);
``(ii) upon so intervening, to be heard on
all matters arising therein;
``(iii) to remove the action to the
appropriate United States district court; and
``(iv) to file petitions for appeal.
``(3) Investigatory powers.--For purposes of bringing any
action under this subsection, no provision of this subsection
shall be construed as preventing the chief law enforcement
officer, or an official or agency designated by a State, from
exercising the powers conferred on the chief law enforcement
officer or such official by the laws of such State to conduct
investigations or to administer oaths or affirmations or to
compel the attendance of witnesses or the production of
documentary and other evidence.
``(4) Limitation on state action while federal action
pending.--If the Federal Trade Commission or any agency
described in subsection (b) has instituted a civil action for a
violation of this title, no State may, during the pendency of
such action, bring an action under this section against any
defendant named in the complaint of the Federal Trade
Commission or such agency for any violation of this title that
is alleged in that complaint.
``SEC. 1005. CIVIL LIABILITY.
``Any person, other than a financial institution, who fails to
comply with any provision of this title with respect to any financial
institution or any customer information of a financial institution
shall be liable to such financial institution or the customer to whom
such information relates in an amount equal to the sum of the amounts
determined under each of the following paragraphs:
``(1) Actual damages.--The greater of--
``(A) the amount of any actual damage sustained by
the financial institution or customer as a result of
such failure; or
``(B) any amount received by the person who failed
to comply with this title, including an amount equal to
the value of any nonmonetary consideration, as a result
of the action which constitutes such failure.
``(2) Additional damages.--Such additional amount as the
court may allow.
``(3) Attorneys' fees.--In the case of any successful
action to enforce any liability under paragraph (1) or (2), the
costs of the action, together with reasonable attorneys' fees.
``SEC. 1006. CRIMINAL PENALTY.
``(a) In General.--Whoever violates, or attempts to violate,
section 1003 shall be fined in accordance with title 18, United States
Code, or imprisoned for not more than 5 years, or both.
``(b) Enhanced Penalty for Aggravated Cases.--Whoever violates, or
attempts to violate, section 1003 while violating another law of the
United States or as part of a pattern of any illegal activity involving
more than $100,000 in a 12-month period shall be fined twice the amount
provided in subsection (b)(3) or (c)(3) (as the case may be) of section
3571 of title 18, United States Code, imprisoned for not more than 10
years, or both.
``SEC. 1007. RELATION TO STATE LAWS.
``(a) In General.--This title shall not be construed as
superseding, altering, or affecting the statutes, regulations, orders,
or interpretations in effect in any State, except to the extent that
such statutes, regulations, orders, or interpretations are inconsistent
with the provisions of this title, and then only to the extent of the
inconsistency.
``(b) Greater Protection Under State Law.--For purposes of this
section, a State statute, regulation, order, or interpretation is not
inconsistent with the provisions of this title if the protection such
statute, regulation, order, or interpretation affords any person is
greater than the protection provided under this title.
``SEC. 1008. AGENCY GUIDANCE.
``In furtherance of the objectives of this title, each Federal
banking agency (as defined in section 3(z) of the Federal Deposit
Insurance Act) shall issue advisories to depository institutions under
the jurisdiction of the agency, in order to assist such depository
institutions in deterring and detecting activities proscribed under
section 1003.''.
SEC. 3. REPORT TO CONGRESS ON FINANCIAL PRIVACY.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States, in consultation with the
Federal Trade Commission, the Federal banking agencies, and other
appropriate Federal law enforcement agencies, shall submit to the
Congress a report on--
(1) the efficacy and adequacy of the remedies provided in
the amendments made by section 501 in addressing attempts to
obtain financial information by fraudulent means or by false
pretenses; and
(2) any recommendations for additional legislative or
regulatory action to address threats to the privacy of
financial information created by attempts to obtain information
by fraudulent means or false pretenses. | Financial Information Privacy Act of 1999 - Amends the Consumer Credit Protection Act to: (1) specify the types of enterprises constituting a financial institution within its purview; and (2) authorize the Federal Trade Commission (FTC) to prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this Act.
Declares it a violation of this Act to obtain or solicit customer information of a financial institution relating to another person under false pretenses with intent to deceive. Exempts from such proscription: (1) law enforcement agencies; (2) financial institutions engaged in testing security procedures, investigating misconduct or negligence, or recovering customer information obtained or received under false pretenses; as well as (3) customer information of financial institutions available as a public record under Federal securities laws.
Grants the FTC, certain banking regulatory agencies, and the States enforcement powers under this Act.
Subjects violations of this Act to Federal civil and criminal penalties.
Requires each Federal banking agency to issue advisories to the depository institutions under its jurisdiction relating to the deterrence and detection of the activities proscribed by this Act.
Requires the Comptroller General to report to the Congress on: (1) the efficacy and adequacy of the remedies provided in this Act; and (2) recommendations for additional action to address threats to the privacy of financial information. | Financial Information Privacy Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``More Border Patrol Agents Now Act of
2006''.
SEC. 2. BORDER PATROL AGENT ENHANCEMENT.
(a) Plan.--In order to address the recruitment and retention
challenges faced by the United States Border Patrol, the Secretary of
Homeland Security shall, not later than six months after the date of
the enactment of this Act, submit to the Committee on Homeland Security
and the Committee on Government Reform of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a plan to determine how the Border Patrol can better recruit and
retain Border Patrol agents with the appropriate skills and training to
effectively carry out its mission and responsibilities.
(b) Contents.--The plan shall include, at a minimum, the following
components:
(1) A strategy for the utilization of the recruitment
authority provided in subsection (a) of section 9702 of title
5, United States Code (as added by section 3), as well as any
other strategies the Secretary determines to be important in
recruiting well-qualified Border Patrol agents.
(2) A strategy for the utilization of the retention
authority provided in subsection (b) of section 9702 of title
5, United States Code (as added by section 3), as well as any
other strategies the Secretary determines to be important in
retaining well-qualified Border Patrol agents.
(3) An assessment of the impact that current pay levels for
Border Patrol agents has on the Department's ability to recruit
and retain Border Patrol agents, especially in high cost-of-
living areas.
(4) An assessment of whether increased opportunities for
Border Patrol agents to transfer between duty stations would
improve employee morale and enhance the Department's ability to
recruit and retain well-qualified Border Patrol agents.
SEC. 3. RECRUITMENT AND RETENTION BONUSES FOR BORDER PATROL AGENT
ENHANCEMENT.
(a) In General.--Chapter 97 of title 5, United States Code, is
amended by adding at the end the following new section:
``Sec. 9702. Border Patrol agent enhancement
``(a) Recruitment Bonuses for Border Patrol Agents.--
``(1) In general.--In order to carry out the plan described
in section 2(a) of the More Border Patrol Agents Now Act of
2006, the Secretary of Homeland Security may pay a bonus to an
individual to recruit a sufficient number of Border Patrol
agents.
``(2) Bonus amount.--
``(A) In general.--The amount of a bonus under this
subsection shall be determined by the Secretary, but
may not exceed 25 percent of the annual rate of basic
pay of the position involved as of the beginning of the
period of service referred to in paragraph (3)(A).
``(B) Lump-sum.--A bonus under this subsection
shall be paid in the form of a lump-sum payment and
shall not be considered to be part of basic pay.
``(3) Service agreements.--Payment of a bonus under this
section shall be contingent upon the individual entering into a
written service agreement with the United States Border Patrol.
The agreement shall include--
``(A) the period of service the individual shall be
required to complete in return for the bonus; and
``(B) the conditions under which the agreement may
be terminated before the agreed-upon service period has
been completed, and the effect of such termination.
``(4) Limitation on eligibility.--A bonus under this
section may not be paid to recruit an individual for--
``(A) a position to which an individual is
appointed by the President, by and with the advice and
consent of the Senate;
``(B) a position in the Senior Executive Service as
a noncareer appointee (as defined in section 3132(a));
or
``(C) a position which has been excepted from the
competitive service by reason of its confidential,
policy-determining, policy-making, or policy-advocating
character.
``(5) Termination.--The authority to pay bonuses under this
subsection shall terminate five years after the date of the
enactment of this section.
``(b) Retention Bonuses for Border Patrol Agents.--
``(1) In general.--In order to carry out the plan described
in section 2(a) of the More Border Patrol Agents Now Act of
2006, the Secretary of Homeland Security may pay a retention
bonus to a Border Patrol agent.
``(2) Service agreement.--Payment of a bonus under this
subsection is contingent upon the employee entering into a
written service agreement with the United States Border Patrol
to complete a period of service with the Border Patrol. Such
agreement shall include--
``(A) the period of service the employee shall be
required to complete in return for the bonus; and
``(B) the conditions under which the agreement may
be terminated before the agreed-upon service period has
been completed, and the effect of such termination.
``(3) Bonus amount.--
``(A) In general.--The amount of a bonus under this
subsection shall be determined by the Secretary, but
may not exceed 25 percent of the annual rate of basic
pay of the position involved as of the beginning of the
period of service referred to in paragraph (2)(A).
``(B) Lump-sum.--A bonus under this subsection
shall be paid in the form of a lump-sum payment and
shall not be considered to be part of basic pay.
``(4) Limitation.--A bonus under this subsection may not be
based on any period of service which is the basis for a
recruitment bonus under subsection (a).
``(5) Termination of authority.--The authority to grant
bonuses under this subsection shall expire five years after the
date of the enactment of this section.
``(c) Waiver Authority Relating to Reemployed Annuitants.--
``(1) In general.--In order to help address the challenges
faced by the United States Border Patrol, the Secretary of
Homeland Security may appoint annuitants to positions within
the United States Border Patrol in accordance with succeeding
provisions of this subsection.
``(2) Exclusion from offset.--An annuitant serving in a
position within the United States Border Patrol pursuant to an
appointment made under paragraph (1)--
``(A) shall not be subject to the provisions of
section 8344 or 8468, as the case may be; and
``(B) shall not, for purposes of subchapter III of
chapter 83 or chapter 84, be considered an employee.
``(3) Limitations.--
``(A) Appointments.--The authority to make any
appointments under paragraph (1) shall terminate five
years after the date of the enactment of this
subsection.
``(B) Exclusion.--The provisions of paragraph (2)
shall not, in the case of any annuitant appointed under
paragraph (1), remain in effect--
``(i) with respect to more than five years
of service (in the aggregate); nor
``(ii) with respect to any service
performed after the end of the ten-year period
beginning on the date of the enactment of this
subsection.
``(4) No displacement.--No appointment under this
subsection may be made if such appointment would result in the
displacement of any Border Patrol employee.
``(5) Definition.--For purposes of this subsection, the
term `annuitant' has the meaning given such term by section
8331 or 8401, as the case may be.''.
(b) Conforming Amendment.--The table of contents for chapter 97 of
title 5, United States Code, is amended by adding at the end the
following:
``9702. Border Patrol agent enhancement.''.
Passed the House of Representatives September 26, 2006.
Attest:
KAREN L. HAAS,
Clerk. | More Border Patrol Agents Now Act of 2006 - Directs the Secretary of Homeland Security to submit to the House Committees on Homeland Security and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs a plan to determine how the Border Patrol can better recruit and retain agents with the appropriate skills and training.
Requires such plan to include: (1) recruitment and retention strategies; and (2) assessments of the impact of pay levels and duty station transfer opportunities upon recruitment and retention.
Amends federal law to authorize the Secretary (for five years) to pay a: (1) bonus to an individual to recruit Border Patrol agents; and (2) retention bonus to Border Patrol agents.
States that such bonuses shall: (1) not exceed 25% of the annual rate of basic pay of the position involved; (2) be paid in a lump-sum and not be considered part of basic pay; and (3) be contingent upon the individual entering into a written service agreement with the Border Patrol.
Authorizes the Secretary (for five years) to appoint annuitants to Border Patrol positions. Excludes such positions from specified offsets. Prohibits appointments that would displace any Border Patrol employee. | To recruit and retain Border Patrol agents. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Belarus Democracy Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States supports the promotion of democracy,
respect for human rights, and the rule of law in the Republic of
Belarus consistent with its commitments as a participating state of
the Organization for Security and Cooperation in Europe (OSCE).
(2) The United States has a vital interest in the independence
and sovereignty of the Republic of Belarus and its integration into
the European community of democracies.
(3) In November 1996, Lukashenka orchestrated an illegal and
unconstitutional referendum that enabled him to impose a new
constitution, abolish the duly-elected parliament, the 13th Supreme
Soviet, install a largely powerless National Assembly, and extend
his term of office to 2001.
(4) Democratic forces in Belarus have organized peaceful
demonstrations against the Lukashenka regime in cities and towns
throughout Belarus which led to beatings, mass arrests, and
extended incarcerations.
(5) Victor Gonchar, Anatoly Krasovsky, and Yuri Zakharenka, who
have been leaders and supporters of the democratic forces in
Belarus, and Dmitry Zavadsky, a journalist known for his critical
reporting in Belarus, have disappeared and are presumed dead.
(6) Former Belarus Government officials have come forward with
credible allegations and evidence that top officials of the
Lukashenka regime were involved in the disappearances.
(7) The Belarusian authorities have mounted a major systematic
crackdown on civil society through the closure, harassment, and
repression of nongovernmental organizations, and independent trade
unions.
(8) The Belarusian authorities actively suppress freedom of
speech and expression, including engaging in systematic reprisals
against independent media.
(9) The Lukashenka regime has reversed the revival of
Belarusian language and culture, including through the closure of
the National Humanities Lyceum, the last remaining high school
where classes were taught in the Belarusian language.
(10) The Lukashenka regime harasses the autocephalic Belarusian
Orthodox Church, the Roman Catholic Church, the Jewish community,
the Hindu Lights of Kalyasa community, evangelical Protestant
churches (such as Baptist and Pentecostal groups), and other
minority religious groups.
(11) The Law on Religious Freedom and Religious Organizations,
passed by the National Assembly and signed by Lukashenka on October
31, 2002, establishes one of the most repressive legal regimes in
the OSCE region, severely limiting religious freedom and placing
excessively burdensome government controls on religious practice.
(12) The parliamentary elections of October 15, 2000, and the
presidential election of September 9, 2001, were determined to be
fundamentally unfair and nondemocratic.
(13) The Government of Belarus has made no substantive progress
in addressing criteria established by the OSCE in 2000, ending
repression and the climate of fear, permitting a functioning
independent media, ensuring transparency of the elections process,
and strengthening of the functions of parliament.
SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS.
(a) Purposes of Assistance.--The assistance under this section
shall be available for the following purposes:
(1) To assist the people of the Republic of Belarus in
regaining their freedom and to enable them to join the European
community of democracies.
(2) To encourage free and fair presidential, parliamentary, and
local elections in Belarus, conducted in a manner consistent with
internationally accepted standards and under the supervision of
internationally recognized observers.
(3) To assist in restoring and strengthening institutions of
democratic governance in Belarus.
(b) Authorization for Assistance.--To carry out the purposes of
subsection (a), the President is authorized to furnish assistance and
other support for the activities described in subsection (c), to be
provided primarily for indigenous Belarusian groups that are committed
to the support of democratic processes.
(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) include--
(1) the observation of elections and the promotion of free and
fair electoral processes;
(2) development of democratic political parties;
(3) radio and television broadcasting to and within Belarus;
(4) the development of nongovernmental organizations promoting
democracy and supporting human rights;
(5) the development of independent media working within Belarus
and from locations outside the country and supported by nonstate-
controlled printing facilities;
(6) international exchanges and advanced professional training
programs for leaders and members of the democratic forces in skill
areas central to the development of civil society; and
(7) other activities consistent with the purposes of this Act.
(d) Authorization of Appropriations.--
(1) In general.-- There are authorized to be appropriated to
the President to carry out this section such sums as may be
necessary for each of the fiscal years 2005 and 2006.
(2) Availability of funds.--Amounts appropriated pursuant to
the authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 4. RADIO BROADCASTING TO BELARUS.
(a) Purpose.--It is the purpose of this section to authorize
increased support for United States Government and surrogate radio
broadcasting to the Republic of Belarus that will facilitate the
unhindered dissemination of information.
(b) Authorization of Appropriations.--In addition to such sums as
are otherwise authorized to be appropriated, there are authorized to be
appropriated such sums as may be necessary for fiscal year 2005 and
each subsequent fiscal year for radio broadcasting to the people of
Belarus in languages spoken in Belarus.
SEC. 5. SENSE OF CONGRESS RELATING TO SANCTIONS AGAINST BELARUS.
(a) Sense of Congress.--It is the sense of Congress that the
sanctions described in subsection (c) should apply with respect to the
Republic of Belarus until the President determines and certifies to the
appropriate congressional committees that the Government of Belarus has
made significant progress in meeting the conditions described in
subsection (b).
(b) Conditions.--The conditions referred to in subsection (a) are
the following:
(1) The release of individuals in Belarus who have been jailed
based on political or religious beliefs.
(2) The withdrawal of politically motivated legal charges
against all opposition figures and independent journalists in
Belarus.
(3) A full accounting of the disappearances of opposition
leaders and journalists in Belarus, including Victor Gonchar,
Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the
prosecution of those individuals who are responsible for their
disappearances.
(4) The cessation of all forms of harassment and repression
against the independent media, independent trade unions,
nongovernmental organizations, religious organizations (including
their leadership and members), and the political opposition in
Belarus.
(5) The implementation of free and fair presidential and
parliamentary elections in Belarus consistent with OSCE
commitments.
(c) Prohibition on Loans and Investment.--
(1) United states government financing.--No loan, credit
guarantee, insurance, financing, or other similar financial
assistance should be extended by any agency of the United States
Government (including the Export-Import Bank and the Overseas
Private Investment Corporation) to the Government of Belarus,
except with respect to the provision of humanitarian goods and
agricultural or medical products.
(2) Trade and development agency.--No funds available to the
Trade and Development Agency should be available for activities of
the Agency in or for Belarus.
(d) Multilateral Financial Assistance.--It is further the sense of
Congress that, in addition to the application of the sanctions
described in subsection (c) to the Republic of Belarus (until the
President determines and certifies to the appropriate congressional
committees that the Government of Belarus has made significant progress
in meeting the conditions described in subsection (b)), the Secretary
of the Treasury should instruct the United States Executive Director of
each international financial institution to which the United States is
a member to use the voice and vote of the United States to oppose any
extension by those institutions of any financial assistance (including
any technical assistance or grant) of any kind to the Government of
Belarus, except for loans and assistance that serve humanitarian needs.
SEC. 6. MULTILATERAL COOPERATION.
It is the sense of Congress that the President should continue to
seek to coordinate with other countries, particularly European
countries, a comprehensive, multilateral strategy to further the
purposes of this Act, including, as appropriate, encouraging other
countries to take measures with respect to the Republic of Belarus that
are similar to measures described in this Act.
SEC. 7. REPORT.
(a) Report.-- Not later than 90 days after the date of the
enactment of this Act, and not later than 1 year thereafter, the
President shall transmit to the appropriate congressional committees a
report that describes, with respect to the preceding 12-month period,
and to the extent practicable the following:
(1) The sale or delivery of weapons or weapons-related
technologies from the Republic of Belarus to any country, the
government of which the Secretary of State has determined, for
purposes of section 6(j)(1) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided support
for acts of international terrorism.
(2) An identification of each country described in paragraph
(1) and a detailed description of the weapons or weapons-related
technologies involved in the sale.
(3) An identification of the goods, services, credits, or other
consideration received by Belarus in exchange for the weapons or
weapons-related technologies.
(4) The personal assets and wealth of Aleksandr Lukashenka and
other senior leadership of the Government of Belarus.
(b) Form.--A report transmitted pursuant to subsection (a) shall be
in unclassified form but may contain a classified annex.
SEC. 8. DECLARATION OF POLICY.
Congress hereby--
(1) calls upon the Lukashenka regime to cease its persecution
of political opponents or independent journalists and to release
those individuals who have been imprisoned for opposing his regime
or for exercising their right to freedom of speech;
(2) expresses its grave concern about the disappearance of
Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenko, and Dmitry
Zavadsky and calls upon the Lukashenka regime to cooperate fully
with the Belrussian civil initiative ``We Remember'' and to extend
to this organization all necessary information to find out the
truth about the disappearances;
(3) calls upon the Lukashenka regime to cooperate fully with
the Parliamentary Assembly of the Council of Europe (PACE) and its
specially appointed representatives in matters regarding the
resolution of the cases of the disappeared; and
(4) commends the democratic opposition in Belarus for their
commitment to participate in October 2004 Parliamentary elections
as a unified coalition and for their courage in the face of the
repression of the Lukashenka regime in Belarus.
SEC. 9. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) OSCE.--The term ``OSCE'' means the Organization for
Security and Cooperation in Europe.
(3) Senior leadership of the government of belarus.--The term
``senior leadership of the Government of Belarus'' includes--
(A) the President, Prime Minister, Deputy Prime Ministers,
government ministers, Chairmen of State Committees, and members
of the Presidential Administration of Belarus;
(B) any official of the Government of Belarus who is
personally and substantially involved in the suppression of
freedom in Belarus, including judges and prosecutors; and
(C) any other individual determined by the Secretary of
State (or the Secretary's designee) to be personally and
substantially involved in the formulation or execution of the
policies of the Lukashenka regime that are in contradiction of
internationally recognized human rights standards.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Belarus Democracy Act of 2004 - (Sec. 3) Authorizes the President to support primarily indigenous Belarusian groups that are committed to the support of democratic processes in various activities that may include: (1) observation of elections and the promotion of free and fair electoral processes, including the development of democratic political parties; (2) development of independent media supported by nonstate-controlled printing facilities; (3) support of human rights; and (4) establishment of international exchanges and advanced professional training programs for leaders and members of democratic forces that foster the growth of civil society. Authorizes FY 2005 and 2006 appropriations for such activities.
(Sec. 4) Authorizes FY 2005 and 2006 appropriations for indigenous-language radio broadcasting to Belarus.
(Sec. 5) Expresses the sense of Congress that specified U.S. and multilateral loan and financial sanctions (with humanitarian, agricultural, or medical exceptions) should apply to Belarus until the President certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the following conditions: (1) release of individuals who have been jailed for political or religious beliefs; (2) withdrawal of politically motivated legal charges against all opposition figures and independent journalists; (3) accounting of the disappearances of opposition leaders and journalists, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the prosecution of responsible individuals; (4) cessation of harassment and repression against the independent media, independent trade unions, nongovernmental organizations, religious organizations, and the political opposition; and (5) implementation of free and fair presidential and parliamentary elections.
(Sec. 6) Expresses the sense of Congress that the President should seek a multilateral strategy, particularly with the countries of Europe, to further the purposes of this Act.
(Sec. 7) Directs the President to report with respect to: (1) weapons-related activities by Belarus; and (2) the personal wealth of Aleksander Lukashenka and other senior leadership.
(Sec. 8) Declares congressional policy: (1) respecting the persecution and disappearance of journalists and political opponents in Belarus; and (2) commending the democratic opposition in Belarus.
(Sec. 9) Defines specified terms. | To provide for the promotion of democracy, human rights, and rule of law in the Republic of Belarus and for the consolidation and strengthening of Belarus sovereignty and independence. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Screening Mammography Act of 2005''.
SEC. 2. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER GROUP HEALTH
PLANS.
(a) Public Health Service Act Amendments.--
(1) Subpart 2 of part A of title XXVII of the Public Health
Service Act is amended by adding at the end the following new
section:
``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.
``(a) Requirements for Coverage of Annual Screening Mammography.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, that
provides coverage for diagnostic mammography for any class of
participants or beneficiaries shall provide coverage for annual
screening mammography for such class under terms and conditions
that are not less favorable than the terms and conditions for
coverage of diagnostic mammography.
``(2) Diagnostic and annual screening mammography
defined.--For purposes of this section--
``(A) The term `diagnostic mammography' means a
radiologic procedure that is medically necessary for
the purpose of diagnosing breast cancer and includes a
physician's interpretation of the results of the
procedure.
``(B) The term `annual screening mammography' means
a radiologic procedure provided to an individual, not
more frequently than on an annual basis, for the
purpose of early detection of breast cancer and
includes a physician's interpretation of the results of
the procedure.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny coverage for annual screening mammography on the
basis that the coverage is not medically necessary or on the
basis that the screening mammography is not pursuant to a
referral, consent, or recommendation by any health care
provider;
``(2) deny to a participant or beneficiary eligibility, or
continued eligibility, to enroll or to renew coverage under the
terms of the plan, solely for the purpose of avoiding the
requirements of this section;
``(3) provide monetary payments or rebates to participants
or beneficiaries to encourage them to accept less than the
minimum protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section; or
``(5) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
a participant or beneficiary to undergo annual screening
mammography.
``(2) This section shall not apply with respect to any
group health plan, or any group health insurance coverage
offered by a health insurance issuer, which does not provide
benefits for diagnostic mammography.
``(3) Nothing in this section shall be construed as
preventing a group health plan or a health insurance issuer
offering group health plan coverage from imposing deductibles,
coinsurance, or other cost-sharing in relation to benefits for
annual screening mammography under the plan (or under health
insurance coverage offered in connection with a group health
plan), except that such coinsurance or other cost-sharing for
any portion may not be greater than such coinsurance or cost-
sharing that is otherwise applicable with respect to benefits
for diagnostic mammography.
``(4) Nothing in this section shall be construed as
preventing a group health plan or a health insurance issuer
offering group health insurance coverage from requiring that a
participant or beneficiary, before undergoing an annual
screening mammography more frequently than on an annual basis,
consult with an appropriate health care practitioner or obtain
a written authorization from such a practitioner for submission
to the plan or issuer, but nothing in this section shall be
construed as requiring prior authorization before undergoing an
annual screening mammography.
``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed as preventing a group health plan or a health
insurance issuer offering group health insurance coverage from
negotiating the level and type of reimbursement with a provider for
care provided in accordance with this section.
``(f) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage for any
class of participants or beneficiaries if there is a State law
(as defined in section 2723(d)(1)) for a State that regulates
such coverage, that requires coverage to be provided for annual
screening mammography for such class, and that provides at
least the protections described in subsection (b).
``(2) Construction.--Section 2723(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(2) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(b) ERISA Amendments.--
(1) Subpart B of part 7 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 is amended by
adding at the end the following new section:
``SEC. 714. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.
``(a) Requirements for Coverage of Annual Screening Mammography.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, that
provides coverage for diagnostic mammography for any class of
participants or beneficiaries shall provide coverage for annual
screening mammography for such class under terms and conditions
that are not less favorable than the terms and conditions for
coverage of diagnostic mammography.
``(2) Diagnostic and annual screening mammography
defined.--For purposes of this section--
``(A) The term `diagnostic mammography' means a
radiologic procedure that is medically necessary for
the purpose of diagnosing breast cancer and includes a
physician's interpretation of the results of the
procedure.
``(B) The term `annual screening mammography' means
a radiologic procedure provided to an individual, not
more frequently than on an annual basis, for the
purpose of early detection of breast cancer and
includes a physician's interpretation of the results of
the procedure.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny coverage described in subsection (a)(1) on the
basis that the coverage is not medically necessary or on the
basis that the annual screening mammography is not pursuant to
a referral, consent, or recommendation by any health care
provider;
``(2) deny to a participant or beneficiary eligibility, or
continued eligibility, to enroll or to renew coverage under the
terms of the plan, solely for the purpose of avoiding the
requirements of this section;
``(3) provide monetary payments or rebates to participants
or beneficiaries to encourage them to accept less than the
minimum protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section; or
``(5) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
a participant or beneficiary to undergo annual screening
mammography.
``(2) This section shall not apply with respect to any
group health plan, or any group health insurance coverage
offered by a health insurance issuer, which does not provide
benefits for diagnostic mammography.
``(3) Nothing in this section shall be construed as
preventing a group health plan or a health insurance issuer
offering group health insurance coverage from imposing
deductibles, coinsurance, or other cost-sharing in relation to
benefits for annual screening mammography under the plan (or
under health insurance coverage offered in connection with a
group health plan), except that such coinsurance or other cost-
sharing for any portion may not be greater than such
coinsurance or cost-sharing that is otherwise applicable with
respect to benefits for diagnostic mammography.
``(4) Nothing in this section shall be construed as
preventing a group health plan or a health insurance issuer
offering group health insurance coverage from requiring that a
participant or beneficiary, before undergoing an annual
screening mammography more frequently than on an annual basis,
consult with an appropriate health care practitioner or obtain
a written authorization from such a practitioner for submission
to the plan or issuer, but nothing in this section shall be
construed as requiring prior authorization before undergoing an
annual screening mammography.
``(d) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.
``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed as preventing a group health plan or a health
insurance issuer offering group health insurance coverage from
negotiating the level and type of reimbursement with a provider for
care provided in accordance with this section.
``(f) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage for any
class of participants or beneficiaries if there is a State law
(as defined in section 731(d)(1)) for a State that regulates
such coverage, that requires coverage to be provided for annual
screening mammography for such class, and that provides at
least the protections described in subsection (b).
``(2) Construction.--Section 731(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(4) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``714. Standards relating to benefits for screening mammography.''.
(c) Effective Dates.--(1) Subject to paragraph (2), the amendments
made by this section shall apply with respect to group health plans
(and health insurance coverage offered in connection with group health
plans) for plan years beginning on or after January 1, 2006.
(2) In the case of a group health plan maintained pursuant to 1 or
more collective bargaining agreements between employee representatives
and 1 or more employers ratified before the date of enactment of this
Act, the amendments made by this section shall not apply to plan years
beginning before the later of--
(A) the date on which the last collective bargaining
agreements relating to the plan terminate (determined without
regard to any extension thereof agreed to after the date of
enactment of this Act), or
(B) January 1, 2006.
For purposes of subparagraph (A), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by this section shall
not be treated as a termination of such collective bargaining
agreement.
SEC. 3. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER INDIVIDUAL
HEALTH COVERAGE.
(a) In General.--Part B of title XXVII of the Public Health Service
Act is amended by inserting after section 2752 the following new
section:
``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.
``(a) In General.--The provisions of section 2707 (other than
subsections (d) and (f)) shall apply to health insurance coverage
offered by a health insurance issuer in the individual market in the
same manner as it applies to health insurance coverage offered by a
health insurance issuer in connection with a group health plan in the
small or large group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.
``(c) Preemption; Exception for Health Insurance Coverage in
Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage for any
class of individuals if there is a State law (as defined in
section 2723(d)(1)) for a State that regulates such coverage,
that requires coverage in the individual health insurance
market to be provided for annual screening mammography for such
class and that provides at least the protections described in
section 2707(b) (as applied under subsection (a)).
``(2) Construction.--Section 2762(a) shall not be construed
as superseding a State law described in paragraph (1).''.
(b) Conforming Amendment.--Section 2762(b)(2) of such Act (42
U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and
inserting ``sections 2751 and 2753''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to health insurance coverage offered, sold, issued,
or renewed in the individual market on or after such January 1, 2006.
SEC. 4. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER MEDICAID.
(a) In General.--Section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)) is amended--
(1) by striking ``and'' at the end of paragraph (27);
(2) by redesignating paragraph (28) as paragraph (29); and
(3) by inserting after paragraph (27) the following new
paragraph:
``(28) annual screening mammography (as defined in
subsection (x)) that is conducted by a facility that has a
certificate (or provisional certificate) issued under section
354 of the Public Health Service Act; and''.
(b) Annual Screening Mammography Defined.--Section 1905 of such Act
(42 U.S.C. 1396d) is amended by adding at the end the following new
subsection:
``(y) The term `annual screening mammography' means a radiologic
procedure provided to a woman, not more frequently than on an annual
basis, for the purpose of early detection of breast cancer and includes
a physician's interpretation of the results of the procedure.''.
(c) Making Coverage Mandatory.--Section 1902(a)(10)(A) of such Act
(42 U.S.C. 1396a(a)(10)(A)) is amended by striking ``(17) and (21)''
and inserting ``(17), (21), and (27)''.
(d) Conforming Amendments.--Section 1902(a)(10)(C)(iv) of such Act
(42 U.S.C. 1396a(a)(10)(C)(iv)) is amended--
(1) by striking ``and (17)'' and inserting ``, (17), and
(27)'', and
(2) by striking ``through (24)'' and inserting ``through
(28)''; and
(e) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall apply to screening mammography
performed on or after January 1, 2006, without regard to whether or not
final regulations to carry out such amendments have been promulgated by
such date.
(2) In the case of a State plan for medical assistance under title
XIX of the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the additional
requirement imposed by the amendments made by this section, the State
plan shall not be regarded as failing to comply with the requirements
of such title solely on the basis of its failure to meet this
additional requirement before the first day of the first calendar
quarter beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of such session shall be
deemed to be a separate regular session of the State legislature. | Screening Mammography Act of 2005 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan, and a health insurance issuer offering group coverage, that provides coverage for diagnostic mammography for any class of participants or beneficiaries to also provide coverage for annual screening mammography for that class under terms that are not less favorable. Prohibits: (1) denying screening coverage on the basis that the screening is not medically necessary or is not pursuant to a referral or recommendation; (2) denying eligibility, enrollment, or renewal solely to avoid this requirement; (3) providing monetary incentives to participants or beneficiaries to encourage them to accept less than such minimum protections; (4) penalizing providers because they provide such care; or (5) providing incentives to induce providers to provide such care. Declares that this Act does not preempt any state laws providing at least these protections.
Applies such requirements and prohibitions to health coverage offered in the individual market. Amends title XIX (Medicaid) of the Social Security Act to mandate coverage of annual screening mammographies. | To amend the Public Health Service Act and Employee Retirement Income Security Act of 1974 to require that group and individual health insurance coverage and group health plans provide coverage for annual screening mammography for any class of covered individuals if the coverage or plans include coverage for diagnostic mammography for such class and to amend title XIX of the Social Security Act to provide for coverage of annual screening mammography under the Medicaid Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Counterfeit Drug Enforcement Act''.
SEC. 2. RECALL AUTHORITY REGARDING DRUGS.
Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506C
the following section:
``SEC. 506D. RECALL AUTHORITY.
``(a) Order to Cease Distribution of Drug; Notification of Health
Professionals.--
``(1) In general.--If the Secretary finds that there is a
reasonable probability that a drug intended for human use would
cause serious, adverse health consequences or death, the
Secretary shall issue an order requiring the appropriate person
(including the manufacturers, importers, distributors, or
retailers of the drug)--
``(A) to immediately cease distribution of the
drug; and
``(B) to immediately notify health professionals of
the order and to instruct such professionals to cease
administering or prescribing the drug.
``(2) Informal hearing.--An order under paragraph (1) shall
provide the person subject to the order with an opportunity for
an informal hearing, to be held not later than 10 days after
the date of the issuance of the order, on the actions required
by the order and on whether the order should be amended to
require a recall of the drug involved. If, after providing an
opportunity for such a hearing, the Secretary determines that
inadequate grounds exist to support the actions required by the
order, the Secretary shall vacate the order.
``(b) Order to Recall Drug.--
``(1) In general.--If, after providing an opportunity for
an informal hearing under subsection (a)(2), the Secretary
determines that the order should be amended to include a recall
of the drug with respect to which the order was issued, the
Secretary shall, except as provided in paragraphs (2) and (3),
amend the order to require a recall. The Secretary shall
specify a timetable in which the drug recall will occur and
shall require periodic reports to the Secretary describing the
progress of the recall.
``(2) Certain actions.--An amended order under paragraph
(1)--
``(A) shall not include recall of a drug from
individuals; and
``(B) shall provide for notice to individuals
subject to the risks associated with the use of the
drug.
``(3) Assistance of health professionals.--In providing the
notice required by paragraph (2)(B), the Secretary may use the
assistance of health professionals who administered the drug
involved to individuals or prescribed the drug for individuals.
If a significant number of such individuals cannot be
identified, the Secretary shall notify such individuals
pursuant to section 705(b).''.
SEC. 3. SALE OR TRADE OF PRESCRIPTION DRUGS KNOWINGLY CAUSED TO BE
ADULTERATED OR MISBRANDED; KNOWING PURCHASE OR TRADE.
(a) Criminal Penalty.--Section 303(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333(a)) is amended by adding at the end the
following paragraph:
``(3) Notwithstanding paragraph (1) or (2), in the case of a person
who violates section 301(a), 301(b), or 301(c) with respect to a drug
that is subject to section 503(b)(1)(B), if the person knowingly caused
the drug to be adulterated or misbranded and sells or trades the drug,
or the person purchases or trades for the drug knowing or having reason
to know that the drug was knowingly caused to be adulterated or
misbranded, the person shall be fined in accordance with title 18,
United States Code, or imprisoned for any term of years or for life, or
both.''.
(b) Notification of Food and Drug Administration by
Manufacturers.--Section 505(k) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(k)) is amended by adding at the end the following
paragraph:
``(3) A manufacturer of a drug that receives or otherwise becomes
aware of information that reasonably suggests that a violation
described in section 303(a)(3) may have occurred with respect to the
drug shall report such information to the Secretary not later than 48
hours after first receiving or otherwise becoming aware of the
information.''.
(c) Increased Funding for Inspections, Examinations, and
Investigations.--For the purpose of increasing the capacity of the Food
and Drug Administration to conduct inspections, examinations, and
investigations under the Federal Food, Drug, and Cosmetic Act with
respect to violations described in section 303(a)(3) of such Act, there
is authorized to be appropriated $60,000,000 for each of the fiscal
years 2004 through 2008, in addition to other authorizations of
appropriations that are available for such purpose.
SEC. 4. OTHER CRIMINAL PENALTIES; CLARIFICATION REGARDING FINES.
Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
333) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``shall be
imprisoned'' and all that follows and inserting the
following: ``shall be fined in accordance with title
18, United States Code, or imprisoned not more than one
year, or both.''; and
(B) in paragraph (2), by striking ``shall be
imprisoned'' and all that follows and inserting the
following: ``shall be fined in accordance with title
18, United States Code, or imprisoned not more than
three years, or both.''; and
(2) in subsection (b)(1), in the matter after and below
subparagraph (D), by striking ``shall be imprisoned'' and all
that follows an inserting the following: ``shall be fined in
accordance with title 18, United States Code, or imprisoned not
more than 10 years, or both.''. | Counterfeit Drug Enforcement Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, upon a finding of reasonable probability that a drug intended for human use would cause serious health consequences or death, to issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug) to: (1) cease distribution of the drug; (2) notify health professionals of the order and instruct such professionals to cease administering or prescribing the drug; and (3) amend the order to include a recall if necessary.
Provides a criminal fine and/or imprisonment for a person who knowingly caused a prescription drug to be adulterated or misbranded and sells or trades the drug, or who purchased or traded for the drug knowing or having reason to know that the drug was knowingly adulterated or misbranded.
Provides additional funding for Food and Drug Administration (FDA) inspections and investigations.
Modifies provisions pertaining to criminal penalties for committing certain prohibited acts involving food, drugs, devices, or cosmetics to: (1) make a violation punishable by a fine in accordance with Federal criminal law, imprisonment for not more than one year, or both; (2) make a second violation, or a violation committed with intent to defraud or mislead, punishable by a fine in accordance with Federal criminal law, imprisonment for not more than three years, or both; and (3) make a violation of provisions pertaining to prescription drug marketing punishable by a fine in accordance with Federal criminal law, imprisonment for not more than ten years, or both. | To amend the Federal Food, Drug, and Cosmetic Act to establish recall authority regarding drugs, to increase criminal penalties for the sale or trade of prescription drugs knowingly caused to be adulterated or misbranded, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Express Appeals Act''.
SEC. 2. PILOT PROGRAM ON EXPRESS APPEALS.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a pilot program to provide the option of an alternative appeals process
that shall more quickly determine such appeals in accordance with this
section.
(b) Election.--
(1) Filing.--In accordance with paragraph (2), a claimant
may elect to file an express appeal under the pilot program
under subsection (a) by filing with the Secretary the
following:
(A) The notice of disagreement under chapter 71 of
title 38, United States Code.
(B) All evidence that the claimant believes is
needed for the appeal as of the date of the filing.
(C) A statement of the argument in support of the
claim, if any.
(D) The written election of the claimant to have
the appeal determined under the pilot program.
(2) Timing.--A claimant shall make an election under
paragraph (1)--
(A) if the claimant has filed a traditional appeal
with respect to the claim for disability compensation
before the date on which the pilot program under
subsection (a) commences, at any time during the
traditional appeal process; or
(B) if the claimant has not so filed a traditional
appeal with respect to the claim for disability
compensation before such date, by not later than 90
days after the date on which the Secretary provides to
the claimant the notice of the determination of the
claim.
(3) Change of processing.--If a claimant described in
paragraph (2)(A) seeks to elect to make an election under
paragraph (1) to change a traditional appeal to an express
appeal, the Secretary shall--
(A) inform the claimant of whether, in light of
such traditional appeal being processed, the claimant
will achieve any time savings through such an express
appeal; and
(B) if the claimant elects to file such express
appeal, process the express appeal in accordance with
this section to the extent practicable.
(4) Reversion.--At any time, a claimant who makes an
election under paragraph (1) may elect to revert to the
traditional appeals process without any penalty to the claimant
other than the loss of the docket number associated with the
express appeal.
(5) Use of express appeal.--A claimant may only make an
election under paragraph (1) with respect to a claim for
disability compensation filed by the claimant that is not, with
respect to a claim previously decided by express appeal, a
petition to reopen the claim or a separate claim for an
increased rating for the claim.
(6) Outreach.--In providing claimants with notices of the
determination of a claim during the period in which the pilot
program under subsection (a) is carried out, the Secretary
shall provide to the claimant information regarding--
(A) the pilot program;
(B) how to make an election under paragraph (1);
(C) what documents the claimant must provide during
the course of the appeals process; and
(D) the ability of the claimant to seek advice and
education regarding such process from veterans service
organizations and attorneys recognized under chapter 59
of title 38, United States Code.
(c) Treatment by Department and Board.--
(1) Process.--Upon the election of a claimant to file an
express appeal pursuant to subsection (b)(1), the Secretary
shall--
(A) not provide the claimant with a statement of
the case nor require the claimant to file a substantive
appeal; and
(B) transfer jurisdiction over the express appeal
directly to the Board of Veterans' Appeals.
(2) Docket.--The Board of Veterans' Appeals shall--
(A) maintain express appeals on a separate docket
than traditional appeals;
(B) hear express appeals in the order that the
express appeals are received on the express appeal
docket; and
(C) decide not more than one express appeal for
each four traditional appeals decided.
(3) New evidence.--
(A) If a claimant submits to the Board of Veterans'
Appeals any new evidence relating to an express appeal
after filing such appeal, the claimant may--
(i) revert to the traditional appeals
process pursuant to subsection (b)(4) and use
such new evidence during the course of such
process; or
(ii) withdraw such new evidence and
continue the express appeal.
(B) If a claimant withdraws new evidence pursuant
to subparagraph (A)(ii), the Secretary shall inform the
claimant, after the Board decides the express appeal,
of the ability of the claimant to use such new evidence
as the basis for a petition to reopen the claim or as a
separate claim for an increased rating.
(4) Prohibition on remand to regional office.--If the Board
of Veterans' Appeals determines that an express appeal requires
additional information, including any medical examination, the
Board shall--
(A) direct the Veterans Benefits Administration to
take such actions as may be necessary to develop such
information;
(B) retain jurisdiction of the express appeal
without requiring a determination by the Veterans
Benefits Administration based on such information;
(C) direct the Veterans Benefits Administration to
ensure the claimant receives a copy of such
information; and
(D) provide the claimant a period of 45 days after
the receipt of such information to provide the Board
any additional evidence.
(5) Hearings.--Notwithstanding section 7107 of title 38,
United States Code, the Board of Veterans' Appeals may not
provide hearings with respect to express appeals. A claimant
may request to hold a hearing pursuant to such section 7107 if
the claimant reverts to the traditional appeals process
pursuant to subsection (b)(4).
(d) Duration; Application.--The Secretary shall carry out the pilot
program under subsection (a) for a five-year period beginning one year
after the date of the enactment of this Act. This section shall apply
only to express appeals that are filed during such period.
(e) Reports.--During each year in which the pilot program under
subsection (a) is carried out, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report on the pilot program. The first such report shall be
submitted by not later than 180 days after the date on which the pilot
program commences.
(f) Definitions.--In this section:
(1) The term ``claimant'' has the meaning given that term
in section 5100 of title 38, United States Code.
(2) The term ``compensation'' has the meaning given that
term in section 101 of title 38, United States Code.
(3) The term ``express appeal'' means an appeal of a claim
for disability compensation that is--
(A) filed by a claimant in accordance with
subsection (b)(1); and
(B) considered in accordance with this section.
(4) The term ``traditional appeal'' means an appeal of a
claim for disability compensation that is not an express
appeal. | Express Appeals Act - Directs the Secretary of Veterans Affairs (VA) to: (1) carry out a five-year pilot program to provide the option of an alternative appeals process to determine appeals of claims for disability compensation more quickly, and (2) inform claimants about such program. Authorizes a claimant to elect to file an express appeal by filing with the Secretary: (1) a notice of disagreement, (2) all evidence that the claimant believes is needed for the appeal, (3) a statement of the argument in support of the claim, and (4) the claimant's written election to have the appeal determined under the pilot program. Requires the Secretary to transfer jurisdiction over an express appeal directly to the Board of Veterans' Appeals. Requires a claimant to make such election: (1) at any time during the traditional appeal process if the claimant has filed a traditional appeal before the pilot program commences, or (2) by 90 days after the Secretary provides notice of the determination of the claim if the claimant has not filed a traditional appeal. Directs the Secretary to inform a claimant who seeks to change a traditional appeal to an express appeal about whether any time will be saved. Allows a claimant who elects to file an express appeal to elect to revert to a traditional appeal at any time. Requires the Board of Veterans' Appeals to: (1) maintain express appeals on a separate docket, (2) hear express appeals in the order received, and (3) decide not more than one express appeal for each four traditional appeals decided. Sets forth provisions regarding: (1) the effects of new evidence submitted or additional information needed after an express appeal is filed, and (2) a prohibition against the Board providing hearings for express appeals. | Express Appeals Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft and Assumption
Deterrence Act of 1998''.
SEC. 2. IDENTITY THEFT.
(a) Establishment of Offense.--Section 1028(a) of title 18, United
States Code, is amended--
(1) in paragraph (5), by striking ``or'' at the end;
(2) in paragraph (6), by adding ``or'' at the end;
(3) in the flush matter following paragraph (6), by
striking ``or attempts to do so,''; and
(4) by inserting after paragraph (6) the following:
``(7) knowingly transfers or uses, without lawful
authority, a means of identification of another person with the
intent to commit, or otherwise promote, carry on, or facilitate
any unlawful activity that constitutes a violation of Federal
law, or that constitutes a felony under any applicable State or
local law;''.
(b) Penalties.--Section 1028(b) of title 18, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``or'' at the
end
(B) in subparagraph (C), by adding ``or'' at the
end; and
(C) by adding at the end the following:
``(D) an offense under paragraph (7) of such
subsection that involves the transfer or use of 1 or
more means of identification if, as a result of the
offense, any individual committing the offense obtains
anything of value aggregating $1,000 or more during any
1-year period;'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``or transfer
of an identification document or'' and inserting
``transfer, or use of a means of identification, an
identification document, or a''; and
(B) in subparagraph (B), by inserting ``or (7)''
after ``(3)'';
(3) by striking paragraphs (3) and (4) and inserting the
following:
``(3) a fine under this title or imprisonment for not more
than 20 years, or both, if the offense is committed--
``(A) to facilitate a drug trafficking crime (as
defined in section 929(a)(2)); or
``(B) after a prior conviction under this section
becomes final;
``(4) a fine under this title or imprisonment for not more
than 25 years, or both, if the offense is committed--
``(A) to facilitate an act of international
terrorism (as defined in section 2331(1)); or
``(B) in connection with a crime of violence (as
defined in section 924(c)(3));'';
(4) by redesignating paragraph (5) as paragraph (6); and
(5) by inserting after paragraph (4) (as added by paragraph
(3) of this subsection) the following:
``(5) in the case of any offense under subsection (a),
forfeiture to the United States of any personal property used
or intended to be used to commit the offense; and''.
(c) Circumstances.--Section 1028(c) of title 18, United States
Code, is amended by striking paragraph (3) and inserting the following:
``(3) either--
``(A) the production, transfer, possession, or use
prohibited by this section is in or affects interstate
or foreign commerce; or
``(B) the means of identification, identification
document, false identification document, or document-
making implement is transported in the mail in the
course of the production, transfer, possession, or use
prohibited by this section.''.
(d) Definitions.--Section 1028 of title 18, United States Code, is
amended by striking subsection (d) and inserting the following:
``(d) Definitions.--In this section:
``(1) Document-making implement.--The term `document-making
implement' means any implement, impression, electronic device,
or computer hardware or software, that is specifically
configured or primarily used for making an identification
document, a false identification document, or another document-
making implement.
``(2) Identification document.--The term `identification
document' means a document made or issued by or under the
authority of the United States Government, a State, political
subdivision of a State, a foreign government, political
subdivision of a foreign government, an international
governmental or an international quasi-governmental
organization which, when completed with information concerning
a particular individual, is of a type intended or commonly
accepted for the purpose of identification of individuals.
``(3) Means of identification.--The term `means of
identification' means any name or number that may be used,
alone or in conjunction with any other information, to identify
a specific individual, including any--
``(A) name, social security number, date of birth,
official State or government issued driver's license or
identification number, alien registration number,
government passport number, employer or taxpayer
identification number;
``(B) unique biometric data, such as fingerprint,
voice print, retina or iris image, or other unique
physical representation;
``(C) unique electronic identification number,
address, or routing code; or
``(D) telecommunication identifying information or
access device (as defined in section 1029(e)).
``(4) Personal identification card.--The term `personal
identification card' means an identification document issued by
a State or local government solely for the purpose of
identification.
``(5) Produce.--The term `produce' includes alter,
authenticate, or assemble.
``(6) State.--The term `State' includes any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any other commonwealth, possession, or
territory of the United States.''.
(e) Attempt and Conspiracy.--Section 1028 of title 18, United
States Code, is amended by adding at the end the following:
``(f) Attempt and Conspiracy.--Any person who attempts or conspires
to commit any offense under this section shall be subject to the same
penalties as those prescribed for the offense, the commission of which
was the object of the attempt or conspiracy.''.
(f) Forfeiture Procedures.--Section 1028 of title 18, United States
Code, is amended by adding at the end the following:
``(g) Forfeiture Procedures.--The forfeiture of property under this
section, including any seizure and disposition of the property and any
related judicial or administrative proceeding, shall be governed by the
provisions of section 413 (other than subsection (d) of that section)
of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853).''.
(g) Rule of Construction.--Section 1028 of title 18, United States
Code, is amended by adding at the end the following:
``(h) Rule of Construction.--For purpose of subsection (a)(7), a
single identification document or false identification document that
contains 1 or more means of identification shall be construed to be 1
means of identification.''.
(g) Conforming Amendments.--Chapter 47 of title 18, United States
Code, is amended--
(1) in section 1028, by striking ``or attempts to do so,'';
(2) in the heading for section 1028, by adding ``and
information'' at the end; and
(3) in the analysis for the chapter, in the item relating
to section 1028, by adding ``and information'' at the end.
SEC. 3. RESTITUTION.
Section 3663A of title 18, United States Code, is amended--
(1) in subsection (c)(1)(A)--
(A) in clause (ii), by striking ``or'' at the end;
(B) in clause (iii), by striking ``and'' at the end
and inserting ``or''; and
(C) by adding at the end the following:
``(iv) an offense described in section 1028
(relating to fraud and related activity in connection
with means of identification or identification
documents); and''; and
(2) by adding at the end the following:
``(e) Fraud and Related Activity in Connection With Identification
Documents and Information.--Making restitution to a victim under this
section for an offense described in section 1028 (relating to fraud and
related activity in connection with means of identification or
identification documents) may include payment for any costs, including
attorney fees, incurred by the victim, including any costs incurred--
``(1) in clearing the credit history or credit rating of
the victim; or
``(2) in connection with any civil or administrative
proceeding to satisfy any debt, lien, or other obligation of
the victim arising as a result of the actions of the
defendant.''.
SEC. 4. AMENDMENT OF FEDERAL SENTENCING GUIDELINES FOR OFFENSES UNDER
SECTION 1028.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, the United States Sentencing Commission
shall review and amend the Federal sentencing guidelines and the policy
statements of the Commission, as appropriate, to provide an appropriate
penalty for each offense under section 1028 of title 18, United States
Code, as amended by this Act.
(b) Factors for Consideration.--In carrying out subsection (a), the
United States Sentencing Commission shall consider, with respect to
each offense described in subsection (a)--
(1) the extent to which the number of victims (as defined
in section 3663A(a) of title 18, United States Code) involved
in the offense, including harm to reputation, inconvenience,
and other difficulties resulting from the offense, is an
adequate measure for establishing penalties under the Federal
sentencing guidelines;
(2) the number of means of identification, identification
documents, or false identification documents (as those terms
are defined in section 1028(d) of title 18, United States Code,
as amended by this Act) involved in the offense, is an adequate
measure for establishing penalties under the Federal sentencing
guidelines;
(3) the extent to which the value of the loss to any
individual caused by the offense is an adequate measure for
establishing penalties under the Federal sentencing guidelines;
(4) the range of conduct covered by the offense;
(5) the extent to which sentencing enhancements within the
Federal sentencing guidelines and the court's authority to
sentence above the applicable guideline range are adequate to
ensure punishment at or near the maximum penalty for the most
egregious conduct covered by the offense;
(6) the extent to which Federal sentencing guidelines
sentences for the offense have been constrained by statutory
maximum penalties;
(7) the extent to which Federal sentencing guidelines for
the offense adequately achieve the purposes of sentencing set
forth in section 3553(a)(2) of title 18, United States Code;
and
(8) any other factor that the United States Sentencing
Commission considers to be appropriate.
SEC. 5. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR
VICTIMS OF IDENTITY THEFT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Federal Trade Commission shall establish procedures
to--
(1) log and acknowledge the receipt of complaints by
individuals who certify that they have a reasonable belief that
1 or more of their means of identification (as defined in
section 1028 of title 18, United States Code, as amended by
this Act) have been assumed, stolen, or otherwise unlawfully
acquired in violation of section 1028 of title 18, United
States Code, as amended by this Act;
(2) provide informational materials to individuals
described in paragraph (1); and
(3) refer complaints described in paragraph (1) to
appropriate entities, which may include referral to--
(A) the 3 major national consumer reporting
agencies; and
(B) appropriate law enforcement agencies for
potential law enforcement action.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 6. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE.
(a) Technical Correction Relating to Criminal Forfeiture
Procedures.--Section 982(b)(1) of title 18, United States Code, is
amended to read as follows: ``(1) The forfeiture of property under this
section, including any seizure and disposition of the property and any
related judicial or administrative proceeding, shall be governed by the
provisions of section 413 (other than subsection (d) of that section)
of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853).''.
(b) Economic Espionage and Theft of Trade Secrets as Predicate
Offenses For Wire Interception.--Section 2516(1)(a) of title 18, United
States Code, is amended by inserting ``chapter 90 (relating to
protection of trade secrets),'' after ``to espionage),''.
Passed the Senate July 30, 1998.
Attest:
GARY SISCO,
Secretary. | Identity Theft and Assumption Deterrence Act of 1998 - Amends the Federal criminal code to make it unlawful for anyone to knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or otherwise promote, carry on, or facilitate any unlawful activity that constitutes a violation of Federal law or a felony under State or local law. Defines such "means of identification" as any name or number that may be used to identify a specific individual.
Prescribes criminal penalties for first and subsequent offenses involving fraud and related activity in connection with identification documents (identity fraud), including for such offenses committed in connection with other specified crimes. Subjects to the same penalties any person who attempts or conspires to commit such an offense. Provides that the forfeiture of property under identity fraud provisions shall be governed by the criminal forfeiture provisions of the Comprehensive Drug Abuse Prevention and Control Act of 1970.
Provides for mandatory restitution for identity fraud victims which may include payment of any costs, including attorney's fees, incurred: (1) in clearing a credit history or rating; or (2) in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation arising as a result of the defendant's actions.
Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide an appropriate penalty for such offenses, taking into account specified factors.
Directs the Federal Trade Commission to establish procedures to: (1) log and acknowledge the receipt of complaints by individuals having reason to believe that one or more of their means of identification have been assumed, stolen, or otherwise unlawfully acquired; (2) provide informational materials to such individuals; and (3) refer such complaint to the appropriate entities, including national consumer reporting agencies and law enforcement agencies. Authorizes appropriations. | Identity Theft and Assumption Deterrence Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Survivor Outreach and Support Campus
Act'' or the ``SOS Campus Act''.
SEC. 2. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION AND
RESPONSE.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.) is amended by adding at the end the following:
``SEC. 124. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION
AND RESPONSE.
``(a) Advocate.--
``(1) In general.--
``(A) Designation.--Each institution of higher
education that receives Federal financial assistance
under title IV shall designate an independent advocate
for campus sexual assault prevention and response
(referred to in this section as the `Advocate') who
shall be appointed based on experience and a
demonstrated ability of the individual to effectively
provide sexual assault victim services.
``(B) Notification of existence of and information
for the advocate.--Each employee of an institution
described in subparagraph (A) who receives a report of
sexual assault shall notify the victim of the existence
of, contact information for, and services provided by
the Advocate of the institution.
``(C) Appointment.--Not later than 180 days after
the date of enactment of the Survivor Outreach and
Support Campus Act, the Secretary shall prescribe
regulations for institutions to follow in appointing
Advocates under this section. At a minimum, each
Advocate shall--
``(i) report to an individual outside the
body responsible for investigating and
adjudicating sexual assault complaints at the
institution; and
``(ii) submit to such individual an annual
report summarizing how the resources supplied
to the advocate were used, including the number
of male and female sexual assault victims
assisted.
``(2) Role of the advocate.--In carrying out the
responsibilities described in this section, the Advocate shall
represent the interests of the student victim even when in
conflict with the interests of the institution.
``(b) Sexual Assault.--In this section, the term `sexual assault'
means penetration, no matter how slight, of the vagina or anus with any
body part or object, or oral penetration by a sex organ of another
person, without the consent of the victim, including when the victim is
incapable of giving consent.
``(c) Responsibilities of the Advocate.--Each Advocate shall carry
out the following, regardless of whether the victim wishes the victim's
report to remain confidential:
``(1)(A) Ensure that victims of sexual assault at the
institution receive, with the victim's consent, the following
sexual assault victim's assistance services available 24 hours
a day:
``(i) Information on how to report a campus sexual
assault to law enforcement.
``(ii) Emergency medical care, including follow up
medical care as requested.
``(iii) Medical forensic or evidentiary
examinations.
``(B) Ensure that victims of sexual assault at the
institution receive, with the victim's consent, the following
sexual assault victim's assistance services:
``(i) Crisis intervention counseling and ongoing
counseling.
``(ii) Information on the victim's rights and
referrals to additional support services.
``(iii) Information on legal services.
``(C) The services described in subparagraphs (A) and (B)
may be provided either--
``(i) on the campus of the institution in
consultation with a rape crisis center, legal
organization, or other community-based organization; or
``(ii) pursuant to a memorandum of understanding
(that includes transportation services), at a rape
crisis center, legal organization, or other community-
based organization located within a reasonable distance
from the institution.
``(D) A victim of sexual assault may not be disciplined,
penalized, or otherwise retaliated against for reporting such
assault to the Advocate.
``(2) Guide victims of sexual assault who request
assistance through the reporting, counseling, administrative,
medical and health, academic accommodations, or legal processes
of the institution or local law enforcement.
``(3) Attend, at the request of the victim of sexual
assault, any administrative or institution-based adjudication
proceeding related to such assault as an advocate for the
victim.
``(4) Maintain the privacy and confidentiality of the
victim and any witness of such sexual assault, and shall not
notify the institution or any other authority of the identity
of the victim or any such witness or the alleged circumstances
surrounding the reported sexual assault, unless otherwise
required by the applicable laws in the State where such
institution is located.
``(5) Conduct a public information campaign to inform the
students enrolled at the institution of the existence of,
contact information for, and services provided by the Advocate,
including--
``(A) posting information--
``(i) on the website of the institution;
``(ii) in student orientation materials;
and
``(iii) on posters displayed in
dormitories, cafeterias, sports arenas, locker
rooms, entertainment facilities, and
classrooms; and
``(B) training coaches, faculty, school
administrators, resident advisors, and other staff to
provide information on the existence of, contact
information for, and services provided by the Advocate.
``(d) Clery Act and Title IX.--Nothing in this section shall alter
or amend the rights, duties, and responsibilities under section 485(f)
or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.) (also known as the Patsy Takemoto Mink Equal Opportunity in
Education Act).''. | Survivor Outreach and Support Campus Act or the SOS Campus Act - Amends the Higher Education Act of 1965 to require each institution of higher education (IHE) that participates in the programs under title IV (Student Assistance) to designate an independent advocate for campus sexual assault prevention and response (Advocate) with experience in providing sexual assault victim services. Directs the Secretary of Education to prescribe regulations for IHEs to follow in appointing Advocates. Requires each Advocate to: (1) report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints at the IHE, (2) submit to such individual an annual report summarizing how the resources supplied to the Advocate were used, and (3) represent the interests of each student victim even when they conflict with the IHE's interests. Directs each Advocate to: ensure that sexual assault victims at the IHE receive, with their consent, specified information and services; guide sexual assault victims who request assistance through the reporting, counseling, administrative, medical and health, academic accommodations, or legal processes of the IHE or local law enforcement; attend, at the request of a sexual assault victim, any administrative or IHE-based adjudication proceeding related to such assault as an advocate for the victim; maintain the privacy and confidentiality of the victim and any witness to such sexual assault, without notifying the IHE or any other authority of the identity of the victim or of any such witness or the alleged circumstances surrounding the reported sexual assault, unless otherwise required to do so by state law; and conduct a public information campaign to inform the students enrolled at the IHE of the existence of, contact information for, and services provided by the Advocate. | SOS Campus Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make College Affordable Act of
2003''.
SEC. 2. EXPANSION OF DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Amount of Deduction.--Subsection (b) of section 222 of the
Internal Revenue Code of 1986 (relating to deduction for qualified
tuition and related expenses) is amended to read as follows:
``(b) Limitations.--
``(1) Dollar limitations.--
``(A) In general.--Except as provided in paragraph
(2), the amount allowed as a deduction under subsection
(a) with respect to the taxpayer for any taxable year
shall not exceed the applicable dollar limit.
``(B) Applicable dollar limit.--The applicable
dollar limit for any taxable year shall be determined
as follows:
Applicable
``Taxable year: dollar amount:
2003.......................................... $8,000
2004 and thereafter........................... $12,000.
``(2) 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) $65,000 ($130,000 in the
case of a joint return), bears to
``(ii) $15,000 ($30,000 in the case of a
joint return).
``(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, 137, 219, 221, 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 any
taxable year beginning in a calendar year after
2003, both of the dollar amounts in
subparagraph (B)(i)(II) shall 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, by
substituting `calendar year 2002' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $50, such
amount shall be rounded to the nearest multiple
of $50.''.
(b) Qualified Tuition and Related Expenses of Eligible Students.--
(1) In general.--Section 222(a) of the Internal Revenue
Code of 1986 (relating to allowance of deduction) is amended by
inserting ``of eligible students'' after ``expenses''.
(2) Definition of eligible student.--Section 222(d) of such
Code (relating to definitions and special rules) is amended by
redesignating paragraphs (2) through (6) as paragraphs (3) through (7),
respectively, and by inserting after paragraph (1) the following new
paragraph:
``(2) Eligible student.--The term `eligible student' has
the meaning given such term by section 25A(b)(3).''.
(c) Deduction Made Permanent.--Title IX of the Economic Growth and
Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions
of such Act) shall not apply to the amendments made by section 431 of
such Act.
(d) Effective Date.--The amendments made by this section shall
apply to payments made in taxable years beginning after December 31,
2002.
SEC. 3. CREDIT FOR INTEREST ON HIGHER EDUCATION LOANS.
(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 25B the
following new section:
``SEC. 25C. INTEREST ON HIGHER EDUCATION LOANS.
``(a) Allowance of Credit.--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 the interest paid by the
taxpayer during the taxable year on any qualified education loan.
``(b) Maximum Credit.--
``(1) In general.--Except as provided in paragraph (2), the
credit allowed by subsection (a) for the taxable year shall not
exceed $1,500.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--If the modified adjusted gross
income of the taxpayer for the taxable year exceeds
$50,000 ($100,000 in the case of a joint return), the
amount which would (but for this paragraph) be
allowable as a credit under this section shall be
reduced (but not below zero) by the amount which bears
the same ratio to the amount which would be so
allowable as such excess bears to $20,000 ($40,000 in
the case of a joint return).
``(B) Modified adjusted gross income.--The term
`modified adjusted gross income' means adjusted gross
income determined without regard to sections 911, 931,
and 933.
``(C) Inflation adjustment.--In the case of any
taxable year beginning after 2003, the $50,000 and
$100,000 amounts referred to in subparagraph (A) shall
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,
by substituting `2002' for `1992'.
``(D) Rounding.--If any amount as adjusted under
subparagraph (C) is not a multiple of $50, such amount
shall be rounded to the nearest multiple of $50.
``(c) Dependents Not Eligible for Credit.--No credit shall be
allowed by this section to an individual for the taxable year if a
deduction under section 151 with respect to such individual is allowed
to another taxpayer for the taxable year beginning in the calendar year
in which such individual's taxable year begins.
``(d) Limit on Period Credit Allowed.--A credit shall be allowed
under this section only with respect to interest paid on any qualified
education loan during the first 60 months (whether or not consecutive)
in which interest payments are required. For purposes of this
paragraph, any loan and all refinancings of such loan shall be treated
as 1 loan.
``(e) Definitions.--For purposes of this section--
``(1) Qualified education loan.--The term `qualified
education loan' has the meaning given such term by section
221(e)(1).
``(2) Dependent.--The term `dependent' has the meaning
given such term by section 152.
``(f) Special Rules.--
``(1) Denial of double benefit.--No credit shall be allowed
under this section for any amount taken into account for any
deduction under any other provision of this chapter.
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(3) Marital status.--Marital status shall be determined
in accordance with section 7703.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25B the
following new item:
``Sec. 25C. Interest on higher education
loans.''.
(c) Effective Date.--The amendments made by this section shall
apply to any qualified education loan (as defined in section 25C(e)(1)
of the Internal Revenue Code of 1986, as added by this section)
incurred on, before, or after the date of the enactment of this Act,
but only with respect to any loan interest payment due after December
31, 2002. | Make College Affordable Act of 2003 - Amends the Internal Revenue Code to: (1) increase the deduction for higher education expenses by increasing the applicable dollar limit; and (2) allow a limited credit for interest paid on higher education loans. | A bill to amend the Internal Revenue Code of 1986 to make higher education more affordable, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Ex-Offender Self-
Sufficiency Act of 2003''.
SEC. 2. TEMPORARY EX-OFFENDER LOW-INCOME HOUSING CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45G. EX-OFFENDER LOW-INCOME HOUSING CREDIT.
``(a) In General.--For purposes of section 38, the amount of the
ex-offender low-income housing credit determined under this section for
any taxable year in the credit period shall be an amount equal to--
``(1) the applicable percentage of
``(2) the qualified basis of each qualified ex-offender
residential building.
``(b) Applicable Percentage.--In the case of any qualified ex-
offender residential building, the term `applicable percentage' has the
meaning given such term in section 42(b)(2) with respect to qualified
low-income buildings, except that, for the purposes of this subsection,
the percentages prescribed by the Secretary under section 42(b)(2)(B)
shall yield amounts of credit which have a present value equal to 70
percent of the qualified basis of any qualified ex-offender residential
building.
``(c) Qualified Basis.--
``(1) In general.--For purposes of subsection (a) and
except as otherwise provided in this subsection, the term
`qualified basis' means the adjusted basis of a qualified ex-
offender residential building as of the close of the 1st
taxable year of the credit period.
``(2) Qualified basis to include portion of building used
to provide ex-offender support services.--The qualified basis
of any qualified ex-offender residential building for any
taxable year shall be increased by the lesser of--
``(A) so much of the qualified basis of such
building as is used throughout the year to provide ex-
offender support services, or
``(B) 20 percent of the qualified basis of such
building (determined without regard to this paragraph).
``(3) Special rules.--Rules similar to the rules of
paragraphs (4), (5) (other than subparagraph (A) thereof), and
(7) of section 42(d) shall apply in determining the adjusted
basis of any qualified ex-offender residential building.
``(d) Rehabilitation Expenditures.--Rules similar to the rules of
section 42(e) shall apply in determining the treatment of
rehabilitation expenditures paid or incurred by the taxpayer with
respect to a qualified ex-offender residential building.
``(e) Credit Period.--For purposes of this section, rules similar
to the rules of section 42(f) shall apply in determining the credit
period with respect to any qualified ex-offender residential building.
``(f) Qualified Ex-Offender Residential Building.--For purposes of
this section, the term `qualified ex-offender residential building'
means any building which, at all times during the compliance period,
meets the following requirements:
``(1) Ex-offender residential units.--
``(A) In general.--Each residential unit in such
building shall be made available for occupancy to not
more than 1 ex-offender.
``(B) Residency requirements.--Such ex-offender
must--
``(i) meet the residency requirements under
subsection (g);
``(ii) have failed to meet such
requirements for fewer than 14 days; or
``(iii) be in the process of being evicted
from such building for failing to meet such
requirements.
``(C) Flexibility.--A building shall not be
determined to fail to satisfy the requirements of this
paragraph solely because--
``(i) some or all of the residential units
in such building are single room occupancy (as
defined in section (8)(n) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(n))), or
``(ii) any unit made available to an ex-
offender is also made available to one or more
of the ex-offender's sons, daughters, step-
sons, or step-daughters.
``(2) Self-sufficiency centers for ex-offenders.--The
building shall include a self-sufficiency center for ex-
offenders that--
``(A) is specifically designed to accommodate, and
reserved for, the provision of ex-offender support
services to residents of the facility and other ex-
offenders;
``(B) is made available for rental by providers of
such services at a rate determined by the owner of the
facility; and
``(C) provides an array of such services sufficient
to meet a significant portion of the needs of ex-
offenders for ex-offender support services.
``(3) Rent limitations.--The portion of the monthly rent
payable by the occupant of each unit in the building may not
exceed 30 percent of the adjusted monthly income (as such term
is defined in section 3(b) of the United States Housing Act of
1937 (42 U.S.C. 1437a(b)) of the occupant.
``(g) Residency Requirements.--
``(1) In general.--An ex-offender meets the residency
requirements for a qualified ex-offender residential building
if such ex-offender--
``(A) has a low income;
``(B) is participating in an ex-offender support
services program as described in paragraph (3)(B);
``(C) has not been prohibited from residency under
paragraph (4); and
``(D) commences occupancy of a unit in a qualified
ex-offender residential building on a date that is not
later than--
``(i) in the case of an ex-offender who has
been discharged from prison, jail, a half-way
house, or any other correctional facility, 12
months after such discharge; or
``(ii) in the case of any ex-offender whose
sentence did not include confinement to a
correctional facility, 12 months after the date
of the ex-offender's conviction.
``(2) Low-income.--For purposes of this section, an ex-
offender is considered to have a low income if, at the
commencement of the ex-offender's occupancy of a residential
unit, the income (if any) of the ex-offender does not exceed 60
percent of area median gross income (as determined consistent
with section 8 of the United States Housing Act of 1937).
``(3) Participation in ex-offender support services
program.--
``(A) Program.--For purposes of this section, an
ex-offender support services program is a program for
the provision of specific ex-offender support services
for an ex-offender that--
``(i) is created and managed by a
coordinating individual or entity having
education, training, and experience with ex-
offenders and their support services needs;
``(ii) is specifically designed to meet the
needs of the particular ex-offender for ex-
offender support services;
``(iii) sets forth a specific duration over
which the ex-offender support services are to
be provided and goals by which to assess the
progress of the ex-offender; and
``(iv) provides for continual oversight to
monitor the progress and needs of the ex-
offender and to ensure that the ex-offender is
being provided the appropriate ex-offender
support services and is complying with the
requirements of the program.
``(B) Participation.--For purposes of this section,
an ex-offender is considered to be participating in an
ex-offender support services program if the ex-
offender--
``(i) has entered into a written agreement
with the coordinator for the program that--
``(I) sets forth the ex-offender
support services that are appropriate
for, and will be made available to, the
ex-offender and the duration of the
program for the ex-offender; and
``(II) provides that the ex-
offender's continued attendance at
scheduled program meetings and events
and obtaining of program services are a
condition of the ex-offender's
continued residency in the facility;
and
``(ii) is not in default with regard to the
ex-offender's obligations under such agreement.
``(C) Ex-offender support services.--For purposes
of this section, the term `ex-offender support
services' means services that assist ex-offenders to
develop skills necessary for life outside of the
environment of a correctional institution, and
includes--
``(i) job training;
``(ii) employment counseling and placement;
``(iii) entrepreneurial training;
``(iv) financial management training;
``(v) homeownership and rental counseling;
``(vi) drug and alcohol abuse counseling;
``(vii) self-esteem and peer development
assistance;
``(viii) anger management counseling;
``(ix) health care services, including
mental health services and behavioral
counseling;
``(x) probation services;
``(xi) family and crisis management
counseling; and
``(xii) general educational assistance and
counseling.
``(4) Limitation on term of residency.--An ex-offender may
not reside in an ex-offender residential facility at any time
after the expiration of the 2-year period beginning upon the
commencement of the ex-offender's occupancy in the ex-offender
residential facility.
``(h) Ex-Offender.--For purposes of this section, the term `ex-
offender' means any individual who has been convicted of a crime under
State or Federal law which is punishable by imprisonment for a maximum
term of 6 months or longer.
``(i) Allocation and Determination of Credit.--
``(1) In general.--Except as otherwise provided in this
subsection, rules similar to the rules of section 42(h) (other
than subparagraphs (E) and (F) of paragraph (1) thereof) shall
apply with respect to allocating and determining any credit
under this section.
``(2) State housing credit ceiling.--For purposes of this
section:
``(A) In general.--The State housing credit ceiling
shall be calculated by substituting the amount
determined under section 42(h)(3)(C)(ii) with the State
allocation.
``(B) State allocation.--
``(i) Competitive process.--The State
allocation for any State shall be determined by
the Secretary, utilizing a competitive
application process.
``(ii) Basis for competition.--In
determining the State allocation for any State,
the Secretary shall consider the following:
``(I) Need, as determined by the
ratio between the reported number of
sentenced prisoners released from State
or Federal jurisdiction in the
applicant State during the most recent
year for which information is
available, and the total population of
the applicant State.
``(II) The commitment of Federal
and other funds within the applicant
State for operating costs and ex-
offender support services in projects
that are to be funded by the State
temporary ex-offender low-income
housing credit.
``(III) The applicant's plan to
collect available information about the
success of the program with respect to
increased housing stability and lack of
additional incarceration of ex-offeder
participants.
``(IV) The applicant's
organizational capacity for the
successful development or operation of
qualified ex-offender residential
buildings.
``(V) The goal of making
allocations to the largest feasible
number of States.
``(iii) Aggregate amount.--The aggregate
amount of State allocations for any year shall
be $85,000,000.
``(C) Building allocations.--The Secretary may
allocate a housing credit dollar amount to any
building. In making such allocations, the Secretary
shall utilize a competitive application process and
shall consider the factors described in subparagraph
(B)(ii). Any allocation made under this subparagraph
shall be treated for purposes of this subsection as
part of the State allocation for the State in which
such building is located.
``(D) Unused housing credit carryovers.--
``(i) In general.--The State housing credit
ceiling shall be calculated by substituting the
amount determined under section 42(h)(3)(C)(iv)
with the State carryover allocation.
``(ii) State carryover allocation.--The
State carryover allocation for any State shall
be determined by the Secretary in a manner
similar to the manner in which the State
allocation is determined under subparagraph
(B). The aggregate amount of State carryover
allocations for any year shall be equal to the
aggregate unused housing credit carryovers
(within the meaning of section 42(h)(3)(D)) of
all States for the preceding calendar year.
``(4) Required involvement of qualified non-profit
organizations.--For purposes of this section, section
42(h)(5)(A) shall be applied by substituting `0' for `90'.
``(j) Recapture of Credit.--Rules similar to the rules of
subsections (i)(1) and (j) of section 42 shall apply for purposes of
this section.
``(k) Application of At-Risk Rules.--Rules similar to the rules of
section 42(k) shall apply for purposes of this section.
``(l) Certification and Other Reports to Secretary.--Subject to
such regulations as the Secretary may prescribe, rules similar to the
rules of section 42(l) shall apply for purposes of this section.
``(m) Responsibilities of the Secretary and Housing Credit
Agencies.--Rules similar to the rules of subsections (m) and (n) of
section 42 shall apply for purposes of this section.''.
(b) Inclusion as Current Year Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(13) the ex-offender low-income housing credit under
section 45G(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45G. Ex-offender low-income
housing credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service during taxable years beginning
after the date of the enactment of this Act. | Public Safety Ex-Offender Self-Sufficiency Act of 2003 - Amends the Internal Revenue Code to allow a business related tax credit for investment in residential housing units for certain low-income individuals who were convicted of a crime punishable under state or federal law by a prison term of six months or longer (ex-offenders) and who participate in a program of support services, including job and entrepreneurial training, designed to make such ex-offenders self sufficient. | To amend the Internal Revenue Code of 1986 to provide for a temporary ex-offender low-income housing credit to encourage the provision of housing, job training, and other essential services to ex-offenders through a structured living environment designed to assist the ex-offenders in becoming self-sufficient. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Landmine Moratorium Extension Act of
1993''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Antipersonnel landmines, which are designed to maim and
kill people, have been used indiscriminately in dramatically
increasing numbers around the world. Hundreds of thousands of
noncombatant civilians, including children, have been the
primary victims. Unlike other military weapons, landmines often
remain implanted and undiscovered after conflict has ended,
causing massive suffering to civilian populations.
(2) Tens of millions of landmines have been strewn in at
least sixty-two countries, often making whole areas
uninhabitable. The State Department estimates there are more
than ten million landmines in Afghanistan, nine million in
Angola, four million in Cambodia, three million in Iraqi
Kurdistan, and two million each in Somalia, Mozambique, and the
former Yugoslavia. Hundreds of thousands of landmines were used
in conflicts in Central America in the 1980's.
(3) Advanced technologies are being used to manufacture
sophisticated mines which can be scattered remotely at a rate
of one thousand per hour. These mines, which are being produced
by many industrialized countries, were discovered in Iraqi
arsenals after the Persian Gulf War.
(4) At least three hundred types of antipersonnel landmines
have been manufactured by at least forty four countries,
including the United States. However, the United States is not
a major exporter of landmines. During the past ten years the
Administration has approved ten licenses for the commercial
export of antipersonnel landmines with a total value of
$980,000, and the sale under the Foreign Military Sales program
of one hundred nine thousand one hundred and twenty-nine
antipersonnel landmines.
(5) The United States signed, but has not ratified, the
1980 Convention on Prohibitions or Restrictions on the Use of
Certain Conventional Weapons Which May Be Deemed To Be
Excessively Injurious or To Have Indiscriminate Effects.
Protocol II of the Convention, otherwise known as the Landmine
Protocol, prohibits the indiscriminate use of landmines.
(6) When it signed the 1980 Convention, the United States
stated: ``We believe that the Convention represents a positive
step forward in efforts to minimize injury or damage to the
civilian population in time of armed conflict. Our signature of
the Convention reflects the general willingness of the United
States to adopt practical and reasonable provisions concerning
the conduct of military operations, for the purpose of
protecting noncombatants.''.
(7) The United States also indicated that it had supported
procedures to enforce compliance, which were omitted from the
Convention's final draft. The United States stated: ``The
United States strongly supported proposals by other countries
during the Conference to include special procedures for dealing
with compliance matters, and reserves the right to propose at a
later date additional procedures and remedies, should this
prove necessary, to deal with such problems.''.
(8) The lack of compliance procedures and other weaknesses
have significantly undermined the effectiveness of the Landmine
Protocol. Since it entered into force on December 2, 1983, the
number of civilians maimed and killed by antipersonnel
landmines has multiplied.
(9) Since the moratorium on United States sales, transfers
and exports of antipersonnel landmines was signed into law on
October 23, 1992, the European Parliament has issued a
resolution calling for a five year moratorium on sales,
transfers and exports of antipersonnel landmines, and the
Government of France has announced that it has ceased all
sales, transfers and exports of antipersonnel landmines.
(10) On December 2, 1993, ten years will have elapsed since
the 1980 Convention entered into force, triggering the right of
any party to request a United Nations conference to review the
Convention. Amendments to the Landmine Protocol may be
considered at that time. The Government of France has made a
formal request to the United Nations Secretary General for a
review conference. With necessary preparations and
consultations among governments, a review conference is not
expected to be convened before late 1994 or early 1995.
(11) The United States should continue to set an example
for other countries in such negotiations by extending the
moratorium on sales, transfers and exports of antipersonnel
landmines for an additional three years. A moratorium of this
duration would extend the current prohibition on the sale,
transfer and export of antipersonnel landmines a sufficient
time to take into account the results of a United Nations
review conference.
SEC. 3. POLICY.
(a) It shall be the policy of the United States to seek verifiable
international agreements prohibiting the sale, transfer or export,
further limiting the manufacture, possession and use, and eventually,
terminating manufacture, possession and use of antipersonnel landmines.
(b) It is the sense of the Congress that the President should
submit the 1980 Convention on Certain Conventional Weapons to the
Senate for ratification. Furthermore, the Administration should
participate in a United Nations conference to review the Landmine
Protocol, and actively seek to negotiate under United Nations auspices
a modification of the Landmine Protocol, or another international
agreement, to prohibit the sale, transfer or export of antipersonnel
landmines, and to further limit their manufacture, possession and use.
SEC. 4. MORATORIUM ON TRANSFERS OF ANTI-PERSONNEL LANDMINES ABROAD.
For a period of three years beginning on the date of enactment of
this Act--
(1) no sale may be made or financed, no transfer may be
made, and no license for export may be issued, under the Arms
Export Control Act, with respect to any antipersonnel landmine;
and
(2) no assistance may be provided under the Foreign
Assistance Act of 1961, with respect to the provision of any
antipersonnel landmine.
SEC. 5. DEFINITION.
For purposes of this section, the term ``antipersonnel landmine''
means--
(1) any munition placed under, on, or near the ground or
other surface area, or delivered by artillery, rocket, mortar,
or similar means or dropped from an aircraft and which is
designed to be detonated or exploded by the presence,
proximity, or contact of a person;
(2) any device or material which is designed, constructed,
or adapted to kill or injure and which functions unexpectedly
when a person disturbs or approaches an apparently harmless
object or performs an apparently safe act; and
(3) any manually-emplaced munition or device designed to
kill, injure, or damage and which is actuated by remote control
or automatically after a lapse of time. | Landmine Moratorium Extension Act of 1993 - Declares that it is U.S. policy to seek international agreements prohibiting the sale, transfer, or export, and terminating the manufacture, possession, and use, of antipersonnel landmines.
Expresses the sense of the Congress that: (1) the President should submit the 1980 Convention on Certain Conventional Weapons to the Senate for ratification; and (2) the Administration should negotiate a modification of the Landmine Protocol under United Nations auspices or another international agreement to limit the sale, transfer, manufacture, and use of landmines.
Prohibits for three years after this Act's enactment: (1) sales, financing, transfers, and the issuance of licenses under the Arms Export Control Act with respect to antipersonnel landmines; and (2) assistance under the Foreign Assistance Act of 1961 with respect to the provision of such landmines. | Landmine Moratorium Extension Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Jobs Act''.
SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
(a) Duties of the General Counsel and Administrative Law Judges.--
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended--
(1) in section 3(d), by striking ``and issuance of
complaints under section 10, and in respect of the prosecution
of such complaints before the Board''; and
(2) in section 4(a), by striking the fourth sentence.
(b) Clarification of the Board's Rulemaking Authority.--Section 6
of such Act (29 U.S.C. 156) is amended by adding at the end the
following: ``Such rulemaking authority shall be limited to rules
concerning the internal functions of the Board. The Board shall not
promulgate rules or regulations that affect the substantive or
procedural rights of any person, employer, employee, or labor
organization, including rules and regulations concerning unfair labor
practices and representation elections.''.
(c) Investigatory Power and Adjudicatory Authority Over Unfair
Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 160) is
amended--
(1) in subsection (a)--
(A) by striking ``prevent any person from engaging
in'' and inserting ``investigate''; and
(B) by striking ``This power shall'' and all that
follows through the end of the subsection;
(2) in subsection (b)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it appears'';
(B) by striking ``or is engaging in'' and inserting
``, is engaging in, or is about to engage in'';
(C) by striking ``the Board, or any agent'' and all
that follows through ``Provided, That no complaint
shall issue'' and inserting ``the aggrieved person may
bring a civil action for such relief (including an
injunction) as may be appropriate. Any such civil
action may be brought in the district court of the
United States where the violation occurred, or, at the
option of the parties, in the United States District
Court for the District of Columbia. No civil action may
be brought'';
(D) by striking ``charge with the Board'' and all
that follows through ``prevented from filing such
charge'' and inserting ``civil action, unless the
person aggrieved thereby was prevented from filing such
civil action''; and
(E) by striking ``Any such complaint may be
amended'' and all that follows through ``Any such
proceeding shall, so far as practicable,'' and
inserting ``Any proceeding under this subsection
shall'';
(3) by striking subsections (c) through (k);
(4) by redesignating subsections (l) and (m) as subsections
(c) and (d), respectively;
(5) in subsection (c) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) in the first sentence, by striking ``charge''
and inserting ``allegation''; and
(C) by striking ``such charge is true and that a
complaint should issue, he shall'' and all that follows
through the end of the subsection and inserting ``such
allegation is true, the officer or regional attorney
shall, on behalf of the Board, submit a written summary
of the findings to all parties involved in the alleged
unfair labor practice.''; and
(6) in subsection (d) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) by striking ``such charge'' and inserting
``such allegation''; and
(C) by striking ``and cases given priority under
subsection (i)''.
(d) Conforming Amendments.--Such Act is amended--
(1) in section 9 (29 U.S.C. 159)--
(A) in subsection (c)(2), by striking ``and in no
case shall the Board'' and all that follows through the
end of such subsection and inserting a period;
(B) by striking subsection (d); and
(C) by redesignating subsection (e) as subsection
(d);
(2) in section 3(b) (29 U.S.C. 153(b)), by striking ``or
(e) of section 9'' and inserting ``or (d) of section 9'';
(3) in section 8 (29 U.S.C. 158), by striking ``9(e)'' each
place it appears and inserting ``9(d)''; and
(4) in section 18 (29 U.S.C. 168), by striking ``section 10
(e) or (f)'' and inserting ``subsection (e) or (f) of section
10, as such subsections were in effect on the day before the
date of enactment of the Protecting American Jobs Act,''.
SEC. 3. REGULATIONS.
Not later than 6 months after the date of the enactment of this
Act, the National Labor Relations Board shall review and revise all
regulations promulgated before such date to implement the amendments
made by this Act. | Protecting American Jobs Act - Amends the National Labor Relations Act to repeal the authority of the General Counsel of the National Labor Relations Board (NLRB) to issue, and prosecute before the Board, complaints with respect to unfair labor practices. Repeals the prohibition against: (1) review of an administrative law judge's report by any person other than a Board member or legal assistant; and (2) advice to or consultation with the Board by an administrative law judge with respect to exceptions taken to his or her findings, rulings, or recommendations. Limits the Board's rulemaking authority to rules concerning the internal functions of the Board. Prohibits the Board from promulgating rules or regulations that affect the substantive or procedural rights of a person, employer, employee, or labor organization, including those concerning unfair labor practices and representation elections. Revises Board powers to grant it the authority to investigate unfair labor practices, but repeals its power to prevent any person from engaging in them. Repeals the Board's power to issue a complaint against a person charging an unfair labor practice. Allows an aggrieved person to bring a civil action for relief (including an injunction) in U.S. district court or the U.S. District Court for the District of Columbia in cases where it appears that a person has engaged, is engaging, or is about to engage in an unfair labor practice. | Protecting American Jobs Act |
SECTION 1. CLASS SIZE REDUCTION.
Title V of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7201 et seq.) is amended by adding at the end the following:
``PART E--CLASS SIZE REDUCTION
``SEC. 5701. GRANT PROGRAM.
``(a) Purpose.--The purposes of this section are--
``(1) to reduce class size through the use of fully
qualified teachers;
``(2) to assist States and local educational agencies in
recruiting, hiring, and training 100,000 teachers in order to
reduce class sizes nationally, in grades 1 through 3, to an
average of 18 students per regular classroom; and
``(3) to improve teaching in those grades so that all
students can learn to read independently and well by the end of
the 3d grade.
``(b) Allotment to States.--
``(1) Reservation.--From the amount made available to carry
out this part for a fiscal year, the Secretary shall reserve
not more than 1 percent for the Secretary of the Interior (on
behalf of the Bureau of Indian Affairs) and the outlying areas
for activities carried out in accordance with this section.
``(2) State allotments.--
``(A) Hold harmless.--
``(i) In general.--Subject to subparagraph
(B) and clause (ii), from the amount made
available to carry out this part for a fiscal
year and not reserved under paragraph (1), the
Secretary shall allot to each State an amount
equal to the amount that such State received
for the preceding fiscal year under this
section.
``(ii) Ratable reduction.--If the amount
made available to carry out this part for a
fiscal year and not reserved under paragraph
(1) is insufficient to pay the full amounts
that all States are eligible to receive under
clause (i) for such fiscal year, the Secretary
shall ratably reduce such amounts for such
fiscal year.
``(B) Allotment of additional funds.--
``(i) In general.--Subject to clause (ii),
for any fiscal year for which the amount made
available to carry out this part and not
reserved under paragraph (1) exceeds the amount
made available to the States for the preceding
year under the authorities described in
subparagraph (A)(i), the Secretary shall allot
to each of those States the percentage of the
excess amount that is the greater of--
``(I) the percentage the State
received for the preceding fiscal year
of the total amount made available to
the States under section 1122; or
``(II) the percentage so received
of the total amount made available to
the States under section 2111(b).
``(ii) Ratable reductions.--If the excess
amount for a fiscal year is insufficient to pay
the full amounts that all States are eligible
to receive under clause (i) for such fiscal
year, the Secretary shall ratably reduce such
amounts for such fiscal year.
``(c) Allocation to Local Educational Agencies.--
``(1) Allocation.--Each State that receives funds under
this section shall allocate 100 percent of those funds to local
educational agencies, of which--
``(A) 80 percent shall be allocated to those local
educational agencies in proportion to the number of
children, age 5 through 17, from families with incomes
below the poverty line (as defined by the Office of
Management and Budget and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved, who reside
in the school district served by that local educational
agency for the most recent fiscal year for which
satisfactory data are available, compared to the number
of those children who reside in the school districts
served by all the local educational agencies in the
State for that fiscal year; and
``(B) 20 percent shall be allocated to those local
educational agencies in accordance with the relative
enrollments of children, age 5 through 17, in public
and private nonprofit elementary schools and secondary
schools within the areas served by those agencies.
``(2) Exception.--Notwithstanding paragraph (1) and
subsection (d)(2)(B), if the award to a local educational
agency under this section is less than the starting salary for
a new fully qualified teacher for a school served by that
agency, that agency may use funds made available under this
section to--
``(A) help pay the salary of a full- or part-time
fully qualified teacher hired to reduce class size,
which may be done in combination with the expenditure
of other Federal, State, or local funds; or
``(B) pay for activities described in subsection
(d)(2)(A)(iii) that may be related to teaching in
smaller classes.
``(d) Use of Funds.--
``(1) Mandatory uses.--Each local educational agency that
receives funds under this section shall use those funds to
carry out effective approaches to reducing class size through
use of fully qualified teachers to improve educational
achievement for both regular and special needs children, with
particular consideration given to reducing class size in the
early elementary grades for which some research has shown class
size reduction is most effective.
``(2) Permissible uses.--
``(A) In general.--Each such local educational
agency may use funds made available under this section
for--
``(i) recruiting (including through the use
of signing bonuses, and other financial
incentives), hiring, and training fully
qualified regular and special education
teachers (which may include hiring special
education teachers to team-teach with regular
teachers in classrooms that contain both
children with disabilities and non-disabled
children) and teachers of special needs
children;
``(ii) testing new teachers for academic
content knowledge, and to meet State
certification or licensing requirements that
are consistent with title II of the Higher
Education Act of 1965; and
``(iii) providing professional development
(which may include such activities as promoting
retention and mentoring) for teachers,
including special education teachers and
teachers of special needs children, in order to
meet the goal of ensuring that all teachers
have the general knowledge, teaching skills,
and subject matter knowledge necessary to teach
effectively in the content areas in which the
teachers teach, consistent with title II of the
Higher Education Act of 1965.
``(B) Limitation on testing and professional
development.--
``(i) In general.--Except as provided in
clause (ii), a local educational agency may use
not more than a total of 25 percent of the
funds received by the agency under this section
for activities described in clauses (ii) and
(iii) of subparagraph (A).
``(ii) Special rule.--A local educational
agency may use more than 25 percent of the
funds the agency receives under this section
for activities described in subparagraph
(A)(iii) for the purpose of helping teachers
who are not yet fully qualified in attaining
full qualification if 10 percent or more of the
elementary school classes in a school are
taught by individuals who are not fully
qualified teachers or the State educational
agency has waived State certification or
licensing requirements for 10 percent or more
of such teachers.
``(C) Use of funds by agencies that have reduced
class size.--Notwithstanding subparagraph (B), a local
educational agency that has already reduced class size
in the early elementary grades to 18 or fewer children
(or has already reduced class size to a State or local
class size reduction goal that was in effect on
November 28, 1999 if that goal is 20 or fewer children)
may use funds received under this section--
``(i) to make further class size reductions
in kindergarten through third grade;
``(ii) to reduce class size in other
grades; or
``(iii) to carry out activities to improve
teacher quality, including professional
development.
``(3) Supplement, not supplant.--Each such agency shall use
funds made available under this section only to supplement, and
not to supplant, State and local funds that, in the absence of
funds made available under this section, would otherwise be
expended for activities described in this section.
``(4) Limitation on use for salaries and benefits.--
``(A) In general.--Except as provided in
subparagraph (B), no funds made available under this
section may be used to increase the salaries of, or
provide benefits (other than participation in
professional development and enrichment programs) to,
teachers who are not hired under this section.
``(B) Exception.--Funds made available under this
section may be used to pay the salaries of teachers
hired under section 306 of the Department of Education
Appropriations Act, 2001.
``(e) Reports.--
``(1) State activities.--Each State receiving funds under
this section shall prepare and submit to the Secretary a
biennial report on activities carried out in the State under
this section that provides the information described in section
5122(a)(2) with respect to the activities.
``(2) Progress concerning class size and qualified
teachers.--Each State and local educational agency receiving
funds under this section shall annually report to parents and
the public, in numeric form as compared to the previous year,
on--
``(A) the agency's progress in reducing class size,
and increasing the percentage of classes in core
academic areas taught by fully qualified teachers; and
``(B) the impact that hiring additional fully
qualified teachers and reducing class size, has had, if
any, on increasing student academic achievement.
``(3) Notice.--Each local educational agency that receives
funds under this section shall provide to each individual
parent of a child who attends a school in such local
educational agency timely, written notice if the child has been
assigned or has been taught for 2 or more consecutive weeks by
a substitute teacher, as defined by such local educational
agency, or a teacher who is not fully qualified.
``(f) Private Schools.--If a local educational agency uses funds
made available under this section for professional development
activities, the agency shall ensure the equitable participation of
private nonprofit elementary schools and secondary schools in such
activities in accordance with section 5142. Section 5142 shall not
apply to other activities carried out under this section.
``(g) Administrative Expenses.--A local educational agency that
receives funds under this section may use not more than 3 percent of
such funds for local administrative costs.
``(h) Request for Funds.--Each local educational agency that
desires to receive funds under this section shall include in the
application required under section 6303 a description of the agency's
program to reduce class size by hiring additional fully qualified
teachers.
``(i) Certification, Licensing, and Competency.--No funds made
available under this section may be used to pay the salary of any
teacher unless such teachers is fully qualified.
``(j) Definitions.--As used in this section--
``(1) the term `certified' includes certification through
State or local alternative routes; and
``(2) the term `fully qualified'--
``(A) when used with respect to an elementary or
secondary school teacher, means that the teacher has
obtained certification or passed the State licensing
exam and holds a license; and
``(B) when used with respect to--
``(i) an elementary school teacher, means
that the teacher holds a bachelor's degree and
demonstrates general knowledge, teaching skill,
and subject matter knowledge required to teach
at the elementary school level in the core
academic subjects; or
``(ii) a middle or secondary school
teacher, means that the teacher holds a
bachelor's degree and demonstrates a high level
of competency in all subject areas in which he
or she teaches through--
``(I) a high level of performance
on a rigorous academic subject area
test; or
``(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
``SEC. 5702. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$2,000,000,000 for fiscal year 2007 and such sums as may be necessary
for fiscal years 2008 through 2011.''. | Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to reduce class size through the use of fully-qualified teachers.
Allots funds to states and local educational agencies to recruit, hire, and train additional teachers, in order to: (1) reduce class sizes nationally, in grades one through three, to an average of 18 students per classroom; and (2) improve teaching in those grades so that all students can learn to read independently and well by the end of the third grade. | To amend the Elementary and Secondary Education Act of 1965 to reduce class size through the use of fully qualified teachers, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pre-K for USA Act''.
SEC. 2. GRANTS FOR IMPROVING EARLY CHILDHOOD CARE AND EDUCATION.
Subpart 1 of part D of title V of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7243 et seq.) is amended by adding at
the end the following:
``SEC. 5415. GRANTS FOR IMPROVING EARLY CHILDHOOD CARE AND EDUCATION.
``(a) In General.--From the amounts appropriated under subsection
(f), the Secretary jointly with the Secretary of Health and Human
Services and on such terms as such Secretaries set forth in an
interagency agreement, shall make competitive grants to qualified
entities for activities that build the capacity to develop, enhance, or
expand high-quality preschool programs, including comprehensive
services and family engagement, for preschool-aged children.
``(b) Applications.--Each qualified entity that desires to receive
a grant under this section shall submit an application to the
Secretaries at such time, in such manner, and containing such
information as the Secretaries may require.
``(c) Technical Assistance, Evaluation, and Other National
Activities.--The Secretaries may use up to 3 percent of the funds
appropriated under subsection (f) for technical assistance, evaluation,
and other national activities related to awarding grants under this
section.
``(d) Report.--
``(1) Initial report.--Not later than 30 days prior to the
announcement of a competition under this section, the
Secretaries shall submit a report outlining the proposed
competition and priorities to the Congress on the activities
carried out under this section.
``(2) Annual reports.--The Secretaries shall submit a
report to Congress on the activities carried out under this
section, including, at a minimum, information on the following:
``(A) The progress of each qualified entity in
moving toward fulfilling criteria outlined in the
entity's application.
``(B) The extent to which the qualified entities
used grants under this section to expand a high-quality
preschool program.
``(C) The costs and barriers to such expansion,
including building and renovating preschool facilities
so that such facilities are high-quality and age and
developmentally appropriate.
``(e) Definitions.--In this section:
``(1) High-quality preschool program.--The term `high-
quality preschool program' means an early learning program that
includes structural elements that are evidence-based and
nationally recognized (such as Head Start program performance
standards or research published by the National Institute for
Early Education) as important for ensuring program quality,
including at a minimum:
``(A) High staff qualifications, including a
teacher with a bachelor degree in early childhood
education or a bachelor degree in any field with a
State-approved alternate pathway, which may include
coursework, clinical practice, and evidence of
knowledge of content and pedagogy relating to early
childhood, and teaching assistants with appropriate
credentials.
``(B) High-quality professional development for all
staff.
``(C) A staff-child ratio of no more than 1:10.
``(D) A class size of no more than 20.
``(E) A full-day program.
``(F) Full inclusion of children with disabilities.
``(G) Developmentally appropriate, evidence-based
curricula and learning environments that are aligned
with the State early learning and development
standards, for at least the year prior to kindergarten
entry.
``(H) Individualized accommodations and supports so
that all children can access and participate fully in
learning activities.
``(I) Instructional staff salaries comparable to
kindergarten through grade 12 teaching staff.
``(J) Program evaluation to ensure continuous
improvement.
``(K) Onsite or accessible comprehensive services
for children.
``(L) Evidence-based health and safety standards.
``(2) Qualified entity.--The term `qualified entity' means
a local educational agency or a local government entity.
``(3) Secretaries.--The term `Secretaries' means the
Secretary of Education and the Secretary of Health and Human
Services.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for each of the fiscal years 2015 through 2024.''.
SEC. 3. CONFORMING AMENDMENT.
The table of contents in section 2 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting
after the item relating to section 5414 the following:
``Sec. 5415. Grants for improving early childhood care and
education.''. | Pre-K for USA Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education and the Secretary of Health and Human Services (HHS), acting jointly in accordance with an interagency agreement, to award competitive grants to local educational agencies or local governmental entities to develop, enhance, or expand high-quality preschool programs. Requires each of those programs to include structural elements that are evidence-based and nationally recognized as important for ensuring program quality, including, at a minimum: high staff qualifications, including having a teacher with a bachelor's degree in early childhood education or in any field with a state-approved alternate pathway to teaching preschool children and having teaching assistants with appropriate credentials; high-quality professional development for all staff; at least 1 staff member for every 10 children; a class size that does not exceed 20 children; a full-day program; the full inclusion of disabled children; developmentally appropriate curricula and learning environments, that are aligned with state early learning and development standards, for at least the year preceding kindergarten; individualized accommodations and supports so that all children can participate fully in learning activities; instructional staff salaries that are comparable to the salaries of kindergarten through grade 12 teaching staff; program evaluation to ensure continuous improvement; onsite or accessible comprehensive services for children; and health and safety standards. | Pre-K for USA Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Tax Flexibility Act
of 2005''.
SEC. 2. ELECTION FOR SPECIAL TAX TREATMENT OF CERTAIN S CORPORATION
CONVERSIONS.
(a) In General.--Part I of subchapter S of chapter 1 of the
Internal Revenue Code of 1986 (relating to tax treatment of S
corporations and their shareholders) is amended by adding at the end
the following new section:
``SEC. 1364. ELECTION FOR SPECIAL TAX TREATMENT OF CERTAIN S
CORPORATION CONVERSIONS.
``(a) In General.--A qualified electing S corporation may elect the
special tax treatment provided in subsection (b) for an eligible
corporate conversion in the manner set forth in subsection (f).
``(b) Special Tax Treatment.--
``(1) Transfers to partnership.--In the case of transfers
by a qualified electing S corporation to a partnership in
connection with an eligible corporate conversion, no gain or
loss shall be recognized by shareholders of such corporation
with respect to money or property received by the partnership.
``(2) Other transfers.--All other distributions of money or
property by the qualified electing S corporation shall be
treated as a distribution in part or full payment in exchange
for the stock of such corporation.
``(c) Qualified Electing S Corporation.--For purposes of this
section, the term `qualified electing S corporation' means a domestic
corporation which--
``(1) has had a valid S election continuously in effect for
the 10 taxable years of the corporation ending before the
taxable year in which the election under this section is made,
and
``(2) has never made an election under this section.
``(d) Eligible Corporate Conversion.--For purposes of this
section--
``(1) In general.--The term `eligible corporate conversion'
means (however affected)--
``(A) a transfer by a qualified electing S
corporation of substantially all of its assets to a
partnership (as defined in section 7701(a)(2)) for not
less than 80 percent of the capital and profits of the
partnership in any taxable year of the corporation
ending on or before December 31, 2009,
``(B) the meeting of the requirement described in
paragraph (2) by the partnership, and
``(C) the subsequent liquidation and dissolution of
the qualified S corporation within the same taxable
year as the transfer.
``(2) Continuity of business requirement.--
``(A) In general.--The requirement described in
this paragraph is met if the partnership described in
paragraph (1)(A) either--
``(i) maintains the continuity of the
qualified electing S corporation's business for
5 consecutive taxable years following the year
in which the corporate conversion occurs, or
``(ii) pays a corporate conversion
recapture tax in the taxable year in which the
failure to maintain such continuity first
occurs.
``(B) Continuity of the qualified electing s
corporation's business.--For purposes of subparagraph
(A)(i), the term `continuity of the qualified electing
S corporation's business' means, under all the facts
and circumstances, either--
``(i) the continuation of 1 or more of the
S corporation's historic lines of business, or
``(ii) the use of a significant portion of
the S corporation's historic business assets,
whether or not such assets have a taxable
basis, in the conduct of an active trade or
business.
``(C) Corporate conversion recapture tax.--For
purposes of subparagraph (A)(ii), the term `corporate
conversion recapture tax' means--
``(i) a recomputation of the tax under this
subtitle of the partnership and the partners as
if--
``(I) a recomputation of the tax
under this subtitle of the partnership
and the partners as if
``(II) the stock of such S
corporation was owned in the same
manner as the capital of the
partnership, and
``(III) the S corporation were
dissolved and its assets distributed to
its shareholders in complete
liquidation on the last day of the
taxable year, multiplied by
``(ii) a fraction--
``(I) the numerator of which is the
excess (if any) of 5 over the number of
complete taxable years in which the
partnership maintains continuity of the
qualified electing S corporation's
business, and
``(II) the denominator of which is
5.
``(e) Basis Rules.--In the case of an eligible corporate
conversion, property in the hands of the partnership shall have the
same basis as in the hands of the qualified electing S corporation
immediately prior to the eligible corporate conversion.
``(f) Method of Making Election.--In order to elect the special tax
treatment provided in subsection (b) for an eligible corporate
conversion, the qualified electing S corporation shall file a written
election claiming such treatment with the timely-filed information
return of the S corporation for the taxable year in which the eligible
corporate conversion occurs.''.
(b) Clerical Amendment.--The table of sections for such part I is
amended by adding at the end the following new item:
``Sec 1363. Election for special tax treatment of certain s corporation
conversions.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Small Business Tax Flexibility Act of 2005 - Amends the Internal Revenue Code to allow certain S corporations a one-time election to transfer money or property to a partnership without recognition of gain or loss by the shareholders of such corporation. Treats all distributions of the money or property of an electing S corporation as a distribution in part or full payment in exchange for the stock of such corporation.
Requires transferee partnerships to maintain the continuity of the S corporation's business for five years after the conversion to partnership form or pay a recapture tax in the year in which failure to maintain such continuity first occurs. | To amend the Internal Revenue Code of 1986 to provide an election for a special tax treatment of certain S corporation conversions. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spokane Tribe of Indians of the
Spokane Reservation Equitable Compensation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) from 1927 to 1931, at the direction of Congress, the
Corps of Engineers investigated the Columbia River and its
tributaries to determine sites at which power could be produced
at low cost;
(2) under section 10(e) of the Federal Power Act (16 U.S.C.
803(e)), when licenses are issued involving tribal land within
an Indian reservation, a reasonable annual charge shall be
fixed for the use of the land, subject to the approval of the
Indian tribe having jurisdiction over the land;
(3) in August 1933, the Columbia Basin Commission, an
agency of the State of Washington, received a preliminary
permit from the Federal Power Commission for water power
development at the Grand Coulee site;
(4) had the Columbia Basin Commission or a private entity
developed the site, the Spokane Tribe would have been entitled
to a reasonable annual charge for the use of the land of the
Spokane Tribe;
(5) in the mid-1930s, the Federal Government, which is not
subject to licensing under the Federal Power Act (16 U.S.C. 792
et seq.)--
(A) federalized the Grand Coulee Dam project; and
(B) began construction of the Grand Coulee Dam;
(6) when the Grand Coulee Dam project was federalized, the
Federal Government recognized that--
(A) development of the project affected the
interests of the Spokane Tribe and the Confederated
Tribes of the Colville Reservation; and
(B) it would be appropriate for the Spokane and
Colville Tribes to receive a share of revenue from the
disposition of power produced at Grand Coulee Dam;
(7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.),
Congress--
(A) granted to the United States--
(i) in aid of the construction, operation,
and maintenance of the Columbia Basin Project,
all the right, title, and interest of the
Spokane Tribe and Colville Tribes in and to the
tribal and allotted land within the Spokane and
Colville Reservations, as designated by the
Secretary of the Interior from time to time;
and
(ii) other interests in that land as
required and as designated by the Secretary for
certain construction activities undertaken in
connection with the project; and
(B) provided that compensation for the land and
other interests was to be determined by the Secretary
in such amounts as the Secretary determined to be just
and equitable;
(8) pursuant to that Act, the Secretary paid--
(A) to the Spokane Tribe, $4,700; and
(B) to the Confederated Tribes of the Colville
Reservation, $63,000;
(9) in 1994, following litigation under the Act of August
13, 1946 (commonly known as the ``Indian Claims Commission
Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et
seq.)), Congress ratified the Colville Settlement Agreement,
which required--
(A) for past use of the land of the Colville
Tribes, a payment of $53,000,000; and
(B) for continued use of the land of the Colville
Tribes, annual payments of $15,250,000, adjusted
annually based on revenues from the sale of electric
power from the Grand Coulee Dam project and
transmission of that power by the Bonneville Power
Administration;
(10) the Spokane Tribe, having suffered harm similar to
that suffered by the Colville Tribes, did not file a claim
within the 5-year statute of limitations under the Indian
Claims Commission Act;
(11) neither the Colville Tribes nor the Spokane Tribe
filed claims for compensation for use of the land of the
respective tribes with the Commission prior to August 13, 1951,
but both tribes filed unrelated land claims prior to August 13,
1951;
(12) in 1976, over objections by the United States, the
Colville Tribes were successful in amending the 1951 Claims
Commission land claims to add the Grand Coulee claim of the
Colville Tribes;
(13) the Spokane Tribe had no such claim to amend, having
settled the Claims Commission land claims of the Spokane Tribe
with the United States in 1967;
(14) the Spokane Tribe has suffered significant harm from
the construction and operation of Grand Coulee Dam;
(15) Spokane tribal acreage taken by the United States for
the construction of Grand Coulee Dam equaled approximately 39
percent of Colville tribal acreage taken for construction of
the dam;
(16) the payments and delegation made pursuant to this Act
constitute fair and equitable compensation for the past and
continued use of Spokane tribal land for the production of
hydropower at Grand Coulee Dam; and
(17) by vote of the Spokane tribal membership, the Spokane
Tribe has resolved that the payments and delegation made
pursuant to this Act constitute fair and equitable compensation
for the past and continued use of Spokane tribal land for the
production of hydropower at Grand Coulee Dam.
SEC. 3. PURPOSE.
The purpose of this Act is to provide fair and equitable
compensation to the Spokane Tribe for the use of the land of the
Spokane Tribe for the generation of hydropower by the Grand Coulee Dam.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Bonneville Power Administration or the
head of any successor agency, corporation, or entity that
markets power produced at Grand Coulee Dam.
(2) Colville settlement agreement.--The term ``Colville
Settlement Agreement'' means the Settlement Agreement entered
into between the United States and the Colville Tribes, signed
by the United States on April 21, 1994, and by the Colville
Tribes on April 16, 1994, to settle the claims of the Colville
Tribes in Docket 181-D of the Indian Claims Commission, which
docket was transferred to the United States Court of Federal
Claims.
(3) Colville tribes.--The term ``Colville Tribes'' means
the Confederated Tribes of the Colville Reservation.
(4) Computed annual payment.--The term ``Computed Annual
Payment'' means the payment calculated under paragraph 2.b. of
the Colville Settlement Agreement, without regard to any
increase or decrease in the payment under section 2.d. of the
agreement.
(5) Confederated tribes act.--The term ``Confederated
Tribes Act'' means the Confederated Tribes of the Colville
Reservation Grand Coulee Dam Settlement Act (Public Law 103-
436; 108 Stat. 4577).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Spokane business council.--The term ``Spokane Business
Council'' means the governing body of the Spokane Tribe under
the constitution of the Spokane Tribe.
(8) Spokane tribe.--The term ``Spokane Tribe'' means the
Spokane Tribe of Indians of the Spokane Reservation,
Washington.
SEC. 5. PAYMENTS BY ADMINISTRATOR.
(a) Initial Payment.--On March 1, 2020, the Administrator shall pay
to the Spokane Tribe an amount equal to 25 percent of the Computed
Annual Payment for fiscal year 2019.
(b) Subsequent Payments.--
(1) In general.--Not later than March 1, 2021, and March 1
of each year thereafter through March 1, 2029, the
Administrator shall pay the Spokane Tribe an amount equal to 25
percent of the Computed Annual Payment for the preceding fiscal
year.
(2) March 1, 2030, and subsequent years.--Not later than
March 1, 2030, and March 1 of each year thereafter, the
Administrator shall pay the Spokane Tribe an amount equal to 32
percent of the Computed Annual Payment for the preceding fiscal
year.
SEC. 6. TREATMENT AFTER AMOUNTS ARE PAID.
(a) Use of Payments.--Payments made to the Spokane Business Council
or Spokane Tribe under section 5 may be used or invested by the Spokane
Business Council in the same manner and for the same purposes as other
Spokane Tribe governmental amounts.
(b) No Trust Responsibility of the Secretary.--Neither the
Secretary nor the Administrator shall have any trust responsibility for
the investment, supervision, administration, or expenditure of any
amounts after the date on which the funds are paid to the Spokane
Business Council or Spokane Tribe under section 5.
(c) Treatment of Funds for Certain Purposes.--The payments of all
amounts to the Spokane Business Council and Spokane Tribe under section
5, and the interest and income generated by those amounts, shall be
treated in the same manner as payments under section 6 of the Saginaw
Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act
(100 Stat. 677).
(d) Tribal Audit.--After the date on which amounts are paid to the
Spokane Business Council or Spokane Tribe under section 5, the amounts
shall--
(1) constitute Spokane Tribe governmental amounts; and
(2) be subject to an annual tribal government audit.
SEC. 7. REPAYMENT CREDIT.
(a) In General.--The Administrator shall deduct from the interest
payable to the Secretary of the Treasury from net proceeds (as defined
in section 13 of the Federal Columbia River Transmission System Act (16
U.S.C. 838k))--
(1) in fiscal year 2030, $2,700,000; and
(2) in each subsequent fiscal year in which the
Administrator makes a payment under section 5, $2,700,000.
(b) Crediting.--
(1) In general.--Except as provided in paragraphs (2) and
(3), each deduction made under this section for the fiscal year
shall be--
(A) a credit to the interest payments otherwise
payable by the Administrator to the Secretary of the
Treasury during the fiscal year in which the deduction
is made; and
(B) allocated pro rata to all interest payments on
debt associated with the generation function of the
Federal Columbia River Power System that are due during
the fiscal year.
(2) Deduction greater than amount of interest.--If, in an
applicable fiscal year under paragraph (1), the deduction is
greater than the amount of interest due on debt associated with
the generation function for the fiscal year, the amount of the
deduction that exceeds the interest due on debt associated with
the generation function shall be allocated pro rata to all
other interest payments due during the fiscal year.
(3) Credit.--To the extent that a deduction exceeds the
total amount of interest described in paragraphs (1) and (2),
the deduction shall be applied as a credit against any other
payments that the Administrator makes to the Secretary of the
Treasury.
SEC. 8. EXTINGUISHMENT OF CLAIMS.
On the date that payment under section 5(a) is made to the Spokane
Tribe, all monetary claims that the Spokane Tribe has or may have
against the United States to a fair share of the annual hydropower
revenues generated by the Grand Coulee Dam project for the past and
continued use of land of the Spokane Tribe for the production of
hydropower at Grand Coulee Dam shall be extinguished.
SEC. 9. ADMINISTRATION.
Nothing in this Act establishes any precedent or is binding on the
Southwestern Power Administration, Western Area Power Administration,
or Southeastern Power Administration.
Passed the Senate October 4, 2018.
Attest:
JULIE E. ADAMS,
Secretary. | Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act This bill establishes the Spokane Tribe of Indians Recovery Trust Fund to compensate the Spokane Business Council for the use of tribal lands for the generation of hydropower from the Grand Coulee Dam. The council must prepare a plan for the use of those payments to promote any combination of: (1) economic development; (2) infrastructure development; or (3) educational, health, recreational, and social welfare objectives of the tribe and its members. The Bonneville Power Administration must make specified settlement payments to the tribe. Payments made to the council or tribe may be used or invested by the council in the same manner as other tribal governmental funds. Deposit of amounts in the fund extinguishes all monetary claims that the tribe may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam. | Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Safety Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The past decade has been a turbulent time for health
care facilities and nurses.
(2) Recent research published in the Journal of the
American Medical Association has shown that registered nurse
staffing levels have a significant impact on preventable deaths
in hospitals, and that the odds of patient mortality increase 7
percent for every additional patient added to the average
registered nurse's workload.
(3) Recent research supported by the Agency for Health Care
Research and Quality, the Centers for Medicare & Medicaid
Services, and the National Institute for Nursing Research shows
that inadequate registered nurse staffing is directly related
to serious complications such as pneumonia, upper
gastrointestinal bleeding, and urinary tract infections, as
well as failure to stop deaths caused by shock, cardiac arrest,
sepsis, and deep vein thrombosis in hospitalized patients.
(4) The Joint Commission on the Accreditation of Healthcare
Organizations recently reported that inadequate nurse staffing
contributes to nearly a quarter of all unexpected incidents
that kill or injure hospitalized patients.
(5) The Institute of Medicine has reported that both
nursing-to-resident staffing levels and the ratio of
professional nurses to other nursing personnel are important
indicators of high quality of care, and that the participation
of registered nurses in direct care giving and in the provision
of hands-on guidance to nurse assistants is positively
associated with quality of care in nursing facilities.
(6) Recent research conducted by the Centers for Medicare &
Medicaid Services found strong, objective proof that nurse
staffing in nursing homes is directly related to quality
measures such as sepsis, urinary tract infections, incidence of
pressure sores, resisting care improvement, and weight loss.
(7) As a payer for inpatient and outpatient hospital
services for individuals entitled to benefits under the
medicare and medicaid programs established under titles XVIII
and XIX of the Social Security Act, the Federal Government has
a compelling interest in promoting the safety of such
individuals by requiring providers participating in such
programs to provide these individuals with information
regarding nurse staffing levels.
SEC. 3. PUBLIC DISCLOSURE OF STAFFING AND OUTCOMES DATA.
(a) Disclosure of Staffing and Outcomes.--Any provider under the
medicare program shall, as a condition of continued participation in
such program, make publicly available information regarding nurse
staffing and patient outcomes as specified by the Secretary. Such
information shall include at least the following:
(1) The number of registered nurses providing direct
patient care. This information shall be expressed both in raw
numbers, in terms of total hours of nursing care per patient
(including adjustment for case mix and acuity), and as a
percentage of nursing staff, and shall be broken down in terms
of the total nursing staff, each unit, and each shift.
(2) The number of licensed practical nurses or licensed
vocational nurses providing direct care. This information shall
be expressed both in raw numbers, in terms of total hours of
nursing care per patient (including adjustment for case mix and
acuity), and as a percentage of nursing staff, and shall be
broken down in terms of the total nursing staff, each unit, and
each shift.
(3) Numbers of unlicensed personnel utilized to provide
direct patient care. This information shall be expressed both
in raw numbers and as a percentage of nursing staff and shall
be broken down in terms of the total nursing staff, each unit,
and each shift.
(4) The average number of patients per registered nurse,
licensed practical nurse, or unlicensed personnel providing
direct patient care. This information shall be broken down in
terms of the total nursing staff, each unit, and each shift.
(5) Risk-adjusted patient mortality rate (in raw numbers
and by diagnosis or diagnostic-related group).
(6) Incidence of adverse patient care incidents, including
as such incidents at least medication errors, patient injury,
pressure ulcers, nosocomial infections, and nosocomial urinary
tract infections.
(7) Methods used for determining and adjusting staffing
levels and patient care needs and the provider's compliance
with these methods.
(b) Disclosure of Complaints.--Data regarding complaints filed with
the State agency, the Centers for Medicare & Medicaid Services, or an
accrediting agency, compliance with the standards of which have been
deemed to demonstrate compliance with conditions of participation under
the medicare program, and data regarding investigations and findings as
a result of those complaints and the findings of scheduled inspection
visits, shall be made publicly available.
(c) Information on Data.--All data made publicly available under
this section shall indicate the source and currency of the data
provided.
(d) Waiver for Small Providers.--The Secretary may reduce reporting
requirements under this section in the case of a small provider (as
defined by the Secretary) for whom the imposition of the requirements
would be unduly burdensome.
(e) Reporting to Secretary.--Providers shall submit to the
Secretary in a uniform manner (as prescribed by the Secretary) the
nursing staff information described in subsection (a) through
electronic means not less frequently than quarterly.
(f) Secretarial Responsibilities.--The Secretary shall--
(1) make the information submitted pursuant to subsection
(a) publicly available, including by publication of such
information on the Internet site of the Department of Health
and Human Services; and
(2) provide for the auditing of such information for
accuracy as a part of the process of determining whether a
provider is eligible for continued participation in the
medicare program.
(g) Definitions.--For purposes of this section:
(1) Licensed practical nurse or licensed vocational
nurse.--The term ``licensed practical nurse or licensed
vocational nurse'' means an individual who is entitled under
State law or regulation to practice as a licensed practical
nurse or a licensed vocational nurse.
(2) Publicly available.--The term ``publicly available''
means, with respect to information of a provider, information
that is--
(A) provided to the Secretary and to any State
agency responsible for licensing or accrediting the
provider;
(B) provided to any State agency which approves or
oversees health care services delivered by the provider
directly or through an insuring entity or corporation;
and
(C) provided to any member of the public which
requests such information directly from the provider.
(3) Medicare program.--The term ``medicare program'' means
the programs under title XVIII of the Social Security Act.
(4) Provider.--The term ``provider'' means an entity that
is--
(A) a psychiatric hospital described in section
1861(f) of the Social Security Act (42 U.S.C.
1395x(f));
(B) a provider of services described in section
1861(u) of such Act (42 U.S.C. 1395x(u)), other than a
skilled nursing facility, as defined in section 1819(a)
of such Act (42 U.S.C. 1395i-3(a));
(C) a rural health clinic described in section
1861(aa)(2) of such Act (42 U.S.C. 1395x(aa)(2));
(D) an ambulatory surgical center described in
section 1832(a)(2)(F)(i) of such Act (42 U.S.C.
1395k(a)(2)(F)(i)); or
(E) a renal dialysis facility described in section
1881(b)(1)(A) of such Act (42 U.S.C. 1395rr(b)(1)(A)).
(5) Registered nurse.--The term ``registered nurse'' means
an individual who is entitled under State law or regulation to
practice as a registered nurse.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. PUBLIC DISCLOSURE OF ACCURATE DATA ON NURSING FACILITY
STAFFING.
(a) Medicare.--Section 1819(b)(8) of the Social Security Act (42
U.S.C. 1395i-3(b)) is amended--
(1) in subparagraph (A), by adding at the end the following
new sentence: ``The information posted under this subparagraph
shall include information regarding nurse staffing with respect
to beds made available by reason of an agreement under section
1883.''; and
(2) by adding at the end the following new subparagraphs:
``(C) Submission and posting of data.--
``(i) In general.--Beginning on January 1,
2005, a skilled nursing facility shall submit
to the Secretary in a uniform manner (as
prescribed by the Secretary) the nursing staff
data described in section 3(a) of the Patient
Safety Act of 2004 through electronic means not
less frequently than quarterly and the
Secretary shall make such data publicly
available (as defined in section 3(g)(2) of
such Act), including by posting such data on an
Internet website.
``(ii) Information on nurse aides.--In
addition to the nursing staff data described in
clause (i), a skilled nursing facility shall
submit to the Secretary the numbers of nurse
aides (as defined in paragraph (5))(F))
utilized to provide direct patient care. This
information shall be expressed both in raw
numbers and as a percentage of nursing staff
and shall be broken down in terms of the total
nursing staff, each unit, and each shift.
``(D) Audit of data.--As part of each standard
survey conducted under subsection (g)(2)(A), there
shall be an audit of the nursing staff data reported
under subparagraph (C) to ensure that such data are
accurate.''.
(b) Medicaid.--Section 1919(b)(8) of the Social Security Act (42
U.S.C. 1395r(b)(8)) is amended--
(1) in subparagraph (A), by adding at the end the following
new sentence: ``The information posted under this subparagraph
shall include information regarding nurse staffing with respect
to beds made available by reason of an agreement under section
1883.''; and
(2) by adding at the end the following new subparagraphs:
``(C) Submission and posting of data.--
``(i) In general.--Beginning on January 1,
2005, a nursing facility shall submit to the
Secretary in a uniform manner (as prescribed by
the Secretary) the nursing staff data described
in section 3(a) of the Patient Safety Act of
2004 through electronic means not less
frequently than quarterly and the Secretary
shall make such data publicly available (as
defined in section 3(g)(2) of such Act),
including by posting such data on an Internet
website.
``(ii) Information on nurse aides.--In
addition to the nursing staff data described in
clause (i), a skilled nursing facility shall
submit to the Secretary the numbers of nurse
aides (as defined in paragraph (5))(F))
utilized to provide direct patient care. This
information shall be expressed both in raw
numbers and as a percentage of nursing staff
and shall be broken down in terms of the total
nursing staff, each unit, and each shift.
``(D) Audit of data.--As part of each standard
survey conducted under subsection (g)(2)(A), there
shall be an audit of the nursing staff data reported
under subparagraph (C) to ensure that such data are
accurate.''.
SEC. 5. CREATING A STAFFING QUALITY MEASURE FOR CONSUMERS TO COMPARE
NURSING FACILITIES.
(a) In General.--Beginning no later than 90 days after the date of
the enactment of this Act, and for as long as the Secretary of Health
and Human Services publishes quality measures to help the public
compare the quality of care that nursing facilities provide, these
quality measures shall include a quality measure for nursing staff
that--
(1) reflects the average daily total nursing hours worked
for the quarterly reporting period for which data are submitted
under sections 1819(b)(8)(C) and 1919(b)(8)(C) of the Social
Security Act (as added by subsections (a)(2) and (b)(2),
respectively, of section 4), as well as, in the case of a
skilled nursing facility, other information required to be
reported under section 3(a);
(2) is sensitive to case mix and quality outcomes;
(3) indicates the percentile in which each nursing facility
falls compared with other nursing facilities in the State;
(4) indicates the rate of retention of registered nurses,
licensed practical nurses, and certified nurse assistants; and
(5) includes such other measures as the Secretary
determines to be appropriate.
The Secretary shall not be required to comply with the requirements of
paragraph (2) to the extent that the development of a methodology to
comply with such requirement would delay the implementation of this
section.
(b) Form and Manner.--The nursing facility comparative staffing
measure described in subsection (a) shall be displayed in the same form
and manner as information that the Secretary displays to help the
public compare the quality of care that nursing facilities provide.
SEC. 6. PROTECTION OF CERTAIN ACTIVITIES BY EMPLOYEES OF MEDICARE
PROVIDERS.
(a) In General.--Subject to subsection (c), no provider under the
medicare program shall terminate or take other adverse employment
action (including the failure to promote an individual or provide any
employment-related benefit, an adverse evaluation or decision made in
relation to accreditation, certification, credentialing or licensing of
an individual, or other adverse personnel action) against any employee
or group of employees for actions taken for the purpose of--
(1) notifying the provider of conditions which the employee
or group of employees identifies, in communications with the
provider, as dangerous or potentially dangerous or injurious
to--
(A) patients who currently receive services from
the provider;
(B) individuals who are likely to receive services
from the provider; or
(C) employees of the provider;
(2) notifying a Federal or State agency or an accreditation
agency, compliance with the standards of which have been deemed
to demonstrate compliance with conditions of participation
under the medicare program, of such conditions as are
identified in paragraph (1);
(3) notifying other individuals of conditions which the
employee or group of employees reasonably believe to be such as
are described in paragraph (1);
(4) discussing such conditions as are identified in
paragraph (1) with other employees for the purposes of
initiating action described in paragraph (1), (2), or (3); or
(5) other related activities as specified in regulations
promulgated by the Secretary of Health and Human Services.
(b) Sanction.--A provider that takes an action in violation of
subsection (a) is subject to a civil money penalty of not more than
$20,000 for each such action. The provisions of section 1128A of the
Social Security Act (other than subsections (a) and (b)) shall apply to
civil money penalties under this subsection in the same manner as they
apply to a penalty or proceeding under section 1128A(a) of such Act.
(c) Exception.--The provisions of subsection (a) shall not apply to
the knowing or reckless provision of substantially false information by
an employee or group of employees.
SEC. 7. REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Health and Human Services shall submit to Congress a
report on--
(1) the manner in which the Secretary intends to implement
reporting of additional nurse staffing variables such as unit
worked, day of week (weekday and weekend), and type of care
(direct or administrative) provided; and
(2) the most effective mechanisms for auditing nurse
staffing data under sections 1819(b)(8)(D) and 1919(b)(8)(D) of
the Social Security Act (as added by subsections (a)(2) and
(b)(2), respectively, of section 4) and for auditing nurse
staffing date under section 3(f)(2). | Patient Safety Act of 2004 - Requires any provider under the Medicare program (title XVIII of the Social Security Act ), as a condition of continued participation in such program, to make publicly available information regarding nurse staffing and patient outcomes as specified by the Secretary.
Requires the public availability of data regarding complaints filed with the State agency, the Centers for Medicare & Medicaid Services, or an accrediting agency, compliance with the standards of which have been deemed to demonstrate Medicare participation compliance, and data regarding investigations and findings as a result of those complaints and the findings of scheduled inspection visits.
Requires the Secretary to provide for the auditing of such information for accuracy as a part of the process of determining whether a provider is eligible for continued participation in the Medicare program.
Amends SSA title XVIII and XIX (Medicaid) to provide for public disclosure of accurate data on nursing facility staffing.
Creates a staffing quality measure for consumers to compare nursing facilities.
Prohibits adverse employment actions by Medicare providers against their employees for notifying the provider, or any Federal or State agency or accreditation agency, of conditions which are dangerous or potentially dangerous to patients. | To require Medicare providers to disclose publicly staffing and performance in order to promote improved consumer information and choice. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Safety Lock Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) according to statistics from the Centers for Disease
Control, more than 5,000 innocent children have lost their
lives due to unintentional deaths related to firearms;
(2) between 1983 and 1994, 5,523 males ranging in ages from
1 to 19, were killed by the unintentional discharge of a
firearm;
(3) a Federal study found that ignorance and carelessness
are the major causes of firearms accidents;
(4) 84 percent of firearms accidents involved people who
did not follow basic safety rules; and
(5) to help reduce the number of firearms accidents, it is
critical to practice and enforce firearms safety rules.
TITLE I--CRIMINAL PROVISIONS
SEC. 101. HANDGUN SAFETY.
(a) Definition of Locking Device.--Section 921(a) of title 18,
United States Code, is amended by adding at the end the following:
``(35) The term `locking device' means--
``(A) a device which, if installed on a firearm and secured
by means of a key or a mechanically, electronically, or
electromechanically operated combination lock, prevents the
firearm from being discharged without first deactivating or
removing the device by means of a key or mechanically,
electronically, or electromechanically operated combination
lock; or
``(B) a locking mechanism incorporated into the design of a
firearm which prevents discharge of the firearm by any person
who does not have access to the key or other device designed to
unlock the mechanism and thereby allow discharge of the
firearm.''.
(b) Unlawful Acts.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (y) the following:
``(z) Locking Devices and Warnings.--
``(1) In general.--Except as provided in paragraph (2),
beginning 90 days after the date of the enactment of this
subsection, it shall be unlawful for any licensed manufacturer,
licensed importer, or licensed dealer to sell, deliver, or
transfer a handgun to any person, unless--
``(A) the transferee is provided with a locking
device for that handgun; and
``(B) the handgun is accompanied by the following
warning, which shall appear in conspicuous and legible
type in capital letters, and which shall be printed on
a label affixed to the handgun and on a separate sheet
of paper included in the packaging enclosing the
handgun:
```THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY
ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. HANDGUNS
SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT
IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE
TO CHILDREN.
`FAILURE TO PROPERLY LOCK AND STORE YOUR HANDGUN MAY
RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW.
FEDERAL LAW PROHIBITS THE POSSESSION OF A HANDGUN BY A
MINOR IN MOST CIRCUMSTANCES.'.
``(2) Exceptions.--Paragraph (1) shall not apply to the
sale, delivery, or transfer of a handgun to--
``(A) the United States or a department or agency
of the United States, or a State or a department,
agency, or political subdivision of a State;
``(B) a law enforcement officer (whether on or off-
duty) who is employed by an entity referred to in
subparagraph (A), for law enforcement purposes; or
``(C) a rail police officer (whether on or off-
duty) who is employed by a rail carrier and is
certified or commissioned as a police officer under the
laws of a State, for law enforcement purposes.''.
(c) Civil Penalties.--Section 924 of title 18, United States Code,
is amended--
(1) in subsection (a)(1), by striking ``this subsection,
subsection (b) or (c) of this section,'' and inserting ``this
section''; and
(2) by adding at the end the following:
``(p) Penalties Relating to Locking Devices and Warnings.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of section
922(z)(1) by a licensee, the Secretary may, after
notice and opportunity for hearing--
``(i) suspend or revoke any license issued
to the licensee under this chapter; or
``(ii) impose a civil penalty on the
licensee in an amount that is not more than
$10,000.
``(B) Review.--An action of the Secretary under
this paragraph may be reviewed only as provided in
section 923(f).
``(2) Administrative remedies.--The taking of an action
under paragraph (1) with respect to conduct of a licensee shall
not affect the availability of any other administrative
authority with respect to the conduct.''.
TITLE II--REGULATORY PROVISIONS
SEC. 201. REGULATION OF TRIGGER LOCK DEVICES.
(a) General Authority.--The Secretary of the Treasury (in this
title referred to as the ``Secretary'') shall prescribe such
regulations governing the design, manufacture, and performance of
trigger lock devices, as are necessary to reduce or prevent the
unintentional discharge of handguns.
(b) Minimum Safety Standard.--The regulations required by
subsection (a) shall, at a minimum, set forth a minimum safety standard
that trigger lock devices must meet in order to be manufactured, sold,
transferred, or delivered consistent with this title. In developing the
standard, the Secretary shall give appropriate consideration to trigger
lock devices that are not detachable, but are permanently installed and
incorporated into the design of a handgun. The standard shall include
provisions to ensure that any trigger lock device that meets the
standard is of adequate quality and construction to prevent children
who have not attained 18 years of age from operating a handgun, and to
ensure that such a product cannot be removed from a handgun except
through the use of a key, combination, or other method of access
provided in the design specifications of the manufacturer of the
device.
(c) Deadline for Issuance of Standard.--Within 12 months after the
date of the enactment of this title, the Secretary shall issue in final
form the standard required by subsection (b).
(d) Effective Date of Standard.--The standard issued under
subsection (b) shall take effect 6 months after the date of issuance.
SEC. 202. ORDERS; INSPECTIONS.
(a) In General.--The Secretary may issue an order prohibiting the
manufacture, sale, transfer, or delivery of a trigger lock device which
the Secretary finds has been designed, or has been or is intended to be
manufactured, transferred, or distributed in violation of this title or
a regulation prescribed under this title.
(b) Authority To Require the Recall, Repair, or Replacement of, or
the Provision of Refunds.--The Secretary may issue an order requiring
the manufacturer of, and any dealer in, a trigger lock device which the
Secretary finds has been designed, manufactured, transferred, or
delivered in violation of this title or a regulation prescribed under
this title, to--
(1) provide notice of the risks associated with the device,
and of how to avoid or reduce the risks, to--
(A) the public;
(B) in the case of the manufacturer of the device,
each dealer in the device; and
(C) in the case of a dealer in the device, the
manufacturer of the device and the other persons known
to the dealer as dealers in the device;
(2) bring the device into conformity with the regulations
prescribed under this title;
(3) repair the device;
(4) replace the device with a like or equivalent device
which is in compliance with such regulations;
(5) refund the purchase price of the device, or, if the
device is more than 1 year old, a lesser amount based on the
value of the device after reasonable use;
(6) recall the device from the stream of commerce; or
(7) submit to the Secretary a satisfactory plan for
implementation of any action required under this subsection.
(c) Inspections.--In order to ascertain compliance with this title
and the regulations and orders issued under this title, the Secretary
may, at reasonable times--
(1) enter any place in which trigger lock devices are
manufactured, stored, or held, for distribution in commerce,
and inspect those areas where the devices are manufactured,
stored, or held; and
(2) enter and inspect any conveyance being used to
transport for commercial purposes a trigger lock device.
SEC. 203. ENFORCEMENT.
(a) Civil Penalties.--The Secretary may assess a civil money
penalty not to exceed $10,000 for each violation of this title.
(b) Revocation of Federal Firearms License.--Section 923(e) of
title 18, United States Code, is amended by inserting after the 2nd
sentence the following: ``The Secretary may, after notice and
opportunity for hearing, revoke any license issued under this section
if the holder of the license violates any provision of title II of the
Child Safety Lock and Community Protection Act of 1999 or any rule or
regulation prescribed under such title.''.
(c) Criminal Penalties.--Any person who has received from the
Secretary a notice that the person has violated a provision of this
title or of a regulation prescribed under this title with respect to a
trigger lock device, and who subsequently knowingly violates such
provision with respect to the device shall be fined under title 18,
United States Code, imprisoned not more than 2 years, or both.
SEC. 204. NO EFFECT ON STATE LAW.
This title does not annul, alter, impair, or affect, or exempt any
person subject to the provisions of this title from complying with, any
provision of the law of any State or any political subdivision thereof,
except to the extent that such provisions of State law are inconsistent
with any provision of this title, and then only to the extent of the
inconsistency. A provision of State law is not inconsistent with this
title if such provision affords greater protection in respect of
trigger lock devices than is afforded by this title.
SEC. 205. DEFINITIONS.
In this title:
(1) The term ``trigger lock device'' means any device that
is designed, manufactured, or represented in commerce, as a
means of preventing the unintentional discharge of a handgun.
(2) The terms ``licensed importer'', ``licensed
manufacturer'', ``licensed dealer'', ``Secretary'', and
``handgun'' have the meanings given in paragraphs (9), (10),
(11), (18), and (29), respectively, of section 921(a) of title
18, United States Code.
TITLE III--EDUCATION PROVISIONS
SEC. 301. PORTION OF FIREARMS TAX REVENUE TO BE USED FOR PUBLIC
EDUCATION ON SAFE STORAGE OF FIREARMS.
(a) In General.--Notwithstanding any other provision of law, an
amount equal to 2 percent of the net revenues received in the Treasury
from the tax imposed by section 4181 of the Internal Revenue Code of
1986 (relating to firearms) for each of the first 5 fiscal years
beginning after the date of the enactment of this Act shall be
available, as provided in appropriation Acts, to the Secretary of the
Treasury to carry out public education programs on the safe storage and
use of firearms. Amounts otherwise transferred or made available for
any other purpose by reason of such tax shall be reduced by the amounts
made available to such Secretary under the preceding sentence.
(b) Net Revenues.--For purposes of subsection (a), the term ``net
revenues'' means, with respect to the tax imposed by such section 4181,
the amount estimated by the Secretary of the Treasury based on the
excess of--
(1) the taxes received in the Treasury under such section,
over
(2) the decrease in the tax imposed by chapter 1 of such
Code resulting from such tax. | Child Safety Lock Act of 2001 - Amends the Brady Handgun Violence Prevention Act to define a firearm "locking device." Makes it unlawful for a licensed manufacturer, importer, or dealer to sell, deliver, or transfer a handgun without a locking device and specified warnings to any person other than a licensed manufacturer, importer, or dealer, with exceptions for law enforcement officers and governmental entities. Sets forth civil penalties, including suspension or loss of license, for related violations.Directs the Secretary of the Treasury to: (1) prescribe such regulations governing the design, manufacture, and performance of trigger lock devices as are necessary to reduce or prevent the unintentional discharge of handguns, including setting a minimum safety standard to prevent children who have not attained age 18 from operating a handgun; and (2) in developing the standard, to consider such devices that are not detachable.Authorizes the Secretary to issue an order prohibiting the manufacture, sale, transfer, or delivery of a trigger lock device which the Secretary finds has been designed, manufactured, transferred, or distributed in violation of this Act. Grants the Secretary specified authority regarding: (1) recall, repair, replacement, or refund with respect to such devices; and (2) inspections.Authorizes the Secretary to: (1) assess a civil penalty of up to $10,000 per violation; and (2) revoke a Federal firearms license for a violation of this Act. Imposes criminal penalties for knowingly violating this Act.Directs that a portion of firearms tax revenue be used for public education programs on the safe storage and use of firearms. | To improve the safety of firearms. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Golf Course Preservation and
Modernization Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Langston Golf Course, Rock Creek Golf Course, and East
Potomac Golf Course are owned by the United States and are
under the administrative jurisdiction of the National Park
Service, and each golf course has a long history of service to
the general public as an integral part of the nation's capital,
including services to local and regional residents, visitors,
and tourists.
(2) East Potomac Golf Course was opened in 1920 with three
courses to accommodate all levels of play, including an 18-hole
tournament level course and two 9-hole practice courses, and
was initially segregated, with African-Americans only permitted
to play on Mondays.
(3) Rock Creek Golf Course opened in 1923 as a 9-hole
course, and in 1925 the course was completed as an 18-hole
tournament level course. This course was located in Rock Creek
Park, a major recreation and picnic facility for residents.
(4) Langston Golf Course opened in 1939 as a segregated
golf facility for African-Americans, is listed in the National
Register of Historic Places, and has been the home course of
both the Royal Golf Club and the Wake Robin Golf Club, the
nation's first clubs for African-American men and women,
respectively. The golf course was named for John Mercer
Langston, the first African-American Congressman from Virginia,
elected in 1888.
(5) Unlike other National Park Service facilities, golf
courses require unique capital investments to keep them
maintained and operational.
(6) The National Park Service has continuously struggled to
manage and maintain each of these three courses.
(7) Concession restrictions do not generate sufficient
revenue for the National Park Service or concessionaires to
provide affordable recreation while properly maintaining and
making the capital investments required for golf courses today.
(8) Each of the three courses contains valuable historic
components that must be maintained.
(9) Concessions restrictions will continue to cause
deterioration, disrepair, and limited public use, reducing the
quality of play and jeopardizing the historic preservation of
the courses.
(10) These courses together constitute an undervalued and
underused asset that can be maintained and modernized as
affordable facilities for use by the general public if an
appropriate lease arrangement is used that encourages private
investment in keeping with the existing Federal procedures.
(11) The National Park Service recently issued a request
for bids for continued concession operation of the Langston and
Rock Creek Golf Courses under one concession contract for seven
years; however, the capital improvement necessary to maintain
and modernize the courses and to prevent their deterioration is
not possible using a traditional concession contract.
(12) A long-term lease for the three courses together,
designed outside of the constraints of concession law, will
encourage private investment in these courses, improve and
modernize the courses, ensure affordable play, and preserve the
historic nature of them.
SEC. 3. MANAGEMENT OF GOLF COURSES.
(a) Definitions.--For the purposes of this section, the following
apply:
(1) Rock creek.--The term ``Rock Creek'' means the
federally owned golf course and related facilities located at
16th and Rittenhouse NW, Washington, DC 20011, within the
boundaries of 16th Street, NW to the East; Military Road, NW to
the South; Beach Drive NW to the West; and Sherrill Drive, NW
to the North.
(2) Langston.--The term ``Langston'' means the federally
owned golf course and related facilities located at 26th and
Benning Road NE, Washington, DC 20002, within the boundaries of
Anacostia River to the East; Hickory Hill Road to the
Northeast; Valley Road NE to the Northeast; Azalea Road NE to
the North; Ellipse Road NE to the West; M Street NE to the
North; Marlyand Avenue NE to the Northwest; 22nd Street NE to
the West; 26th Street to the West; and Benning Road NE to the
South.
(3) East potomac.--The term ``East Potomac'' means the
federally owned golf course and related facilities located at
972 Ohio Drive SW, Washington DC 20024, within the boundaries
of Ohio Drive to the East, South, and West; and Buckeye Drive
SW to the North.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Continued Leases.--The Secretary shall ensure, to the extent
practicable, that month-to-month concessions contracts are continued
for the operation and maintenance of Rock Creek and Langston until the
lease in force on the date of the enactment of this Act for East
Potomac expires, at which time the lease referred to in subsection (c)
shall commence.
(c) Lease.--The lease referred to in subsection (d) is a lease for
the continued operation and maintenance of Rock Creek, Langston, and
East Potomac as golf courses. A lease entered into under this section
shall include the 3 golf courses in one lease agreement and require
that the golf courses be operated and maintained in a manner that--
(1) retains the historic nature of the courses;
(2) at least 2 of the 3 courses require fees related to use
of the golf courses to be affordable in light of the current
fee system used today at the courses;
(3) may allow fees collected at one golf course to
subsidize the maintenance and operation of one or more of the
other golf courses; and
(4) allows for a long-term ground lease on the 3 courses.
(d) Requests for Proposals.--The Secretary shall solicit proposals,
through a competitive process, to procure the lease described in
subsection (b) and may, after such solicitation, enter into agreements
to procure the lease. The Secretary shall solicit the request for
proposals under this subsection in such a manner--
(1) to provide that the lease described in subsection (c)
shall be entered into not later than 180 days after the
effective date of this Act or not later than 30 days after the
expiration of the concession contract for East Potomac; and
(2) which ensures, to the greatest extent practicable, the
participation of disadvantaged business enterprises among the
equity partners of the sponsors of the proposals.
(e) Applicability of Certain Laws.--The National Park Service
Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et seq.)
shall not apply to requests for proposals submitted and leases and
agreements entered into under this Act. | Golf Course Preservation and Modernization Act - Requires the Secretary of the Interior, acting through the Director of the National Park Service (NPS), to ensure that month-to-month concessions contracts are continued for the operation and maintenance of the Rock Creek, Langston, and East Potomac golf courses until the lease in force for East Potomac expires, at which time the lease entered into pursuant to this Act for the continued operation and maintenance of Rock Creek, Langston, and East Potomac as golf courses commences.
Requires that such lease include the three golf courses in one lease agreement, and that they be operated and maintained in a manner that: (1) retains their historic nature; (2) at least two of the courses require fees related to use of the courses to be affordable; (3) may allow fees collected at one course to subsidize the maintenance and operation of at least one of the other courses; and (4) allows for a long-term ground lease on all three courses.
Instructs the Secretary to solicit proposals, through a competitive process, to procure such lease. Authorizes the Secretary, after such solicitation, to enter into agreements to procure the lease. Specifies that the request for proposals be solicited in such a manner: (1) to provide that the lease be entered into not later than 180 days after this Act's effective date or not later than 30 days after expiration of the concession contract for East Potomac; and (2) which ensures the participation of disadvantaged business enterprises among the equity partners of the sponsors of the proposals. | To authorize the Secretary of the Interior to enter into a long-term ground lease for the operation and maintenance of Rock Creek, Langston, and East Potomac as golf courses, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Freedom of Information
Improvement Act of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the purpose of the Freedom of Information Act is to
require agencies of the Federal Government to make certain
agency information available for public inspection and copying
and to establish and enable enforcement of the right of any
person to obtain access to the records of such agencies
(subject to statutory exemptions) for any public or private
purpose;
(2) since the enactment of the Freedom of Information Act
in 1966, and the amendments enacted in 1974 and 1986, the
Freedom of Information Act has been a valuable means through
which any person can learn how the Federal Government operates;
(3) the Freedom of Information Act has led to the
disclosure of waste, fraud, abuse, and wrongdoing in the
Federal Government;
(4) the Freedom of Information Act has led to the
identification of unsafe consumer products, harmful drugs, and
serious health hazards;
(5) Government agencies increasingly use computers to
conduct agency business and to store publicly valuable agency
records and information; and
(6) Government agencies should use new technology to
enhance public access to agency records and information.
(b) Purposes.--The purposes of this Act are to--
(1) foster democracy by ensuring public access to agency
records and information;
(2) improve public access to agency records and
information;
(3) ensure agency compliance with statutory time limits;
and
(4) maximize the usefulness of agency records and
information collected, maintained, used, retained, and
disseminated by the Federal Government.
SEC. 3. PUBLIC INFORMATION AVAILABILITY.
Section 552(a)(1) of title 5, United States Code, is amended--
(1) in the first sentence by inserting ``by computer
telecommunications, or if computer telecommunications means are
not available, by other electronic means,'' after ``Federal
Register'';
(2) by striking out ``and'' at the end of subparagraph (D);
(3) by redesignating subparagraph (E) as subparagraph (F);
and
(4) by inserting after subparagraph (D) the following new
subparagraph:
``(E) a complete list of all statutes that the agency head
or general counsel relies upon to authorize the agency to
withhold information under subsection (b)(3) of this section,
together with a specific description of the scope of the
information covered; and''.
SEC. 4. MATERIALS MADE AVAILABLE IN ELECTRONIC FORMAT.
Section 552(a)(2) of title 5, United States Code, is amended--
(1) in the first sentence by inserting ``including, within
1 year after the date of the enactment of the Electronic
Freedom of Information Improvement Act of 1994, by computer
telecommunications, or if computer telecommunications means are
not available, by other electronic means,'' after ``copying'';
(2) in subparagraph (B) by striking out ``and'' after the
semicolon;
(3) in subparagraph (C) by inserting ``and'' after the
semicolon;
(4) by adding after subparagraph (C) the following new
subparagraphs:
``(D) an index of all major information systems
containing agency records regardless of form or format
unless such an index is provided as otherwise required
by law; and
``(E) a description of any new major information
system with a statement of how such system shall
enhance agency operations under this section;''; and
(5) in the third sentence by inserting ``and the extent of
such deletion shall be indicated on the portion of the record
which is made available or published at the place in the record
where such deletion was made'' after ``explained fully in
writing''.
SEC. 5. LIST OF RECORDS MADE AVAILABLE TO THE PUBLIC AND HONORING
FORMAT REQUESTS.
Section 552(a)(3) of title 5, United States Code, is amended by--
(1) inserting ``(A)'' after ``(3)'';
(2) striking out ``(A) reasonably'' and inserting in lieu
thereof ``(i) reasonably'';
(3) striking out ``(B)'' and inserting in lieu thereof
``(ii)''; and
(4) adding at the end thereof the following new
subparagraphs:
``(B) A list of all records which are made available to any
person under this paragraph shall be made available for public
inspection and copying as provided under paragraph (2) of this
subsection. Copies of all such records, regardless of form or
format, which because of the nature of their subject matter,
have become or are likely to become the subject of subsequent
requests under this paragraph for substantially the same
records, shall be made available for inspection and copying as
provided under paragraph (2) of this subsection.
``(C) An agency shall, as requested by any person, provide
records in any form or format in which such records are
maintained by that agency.
``(D) An agency shall make reasonable efforts to provide
records in the form or format requested by any person,
including in an electronic form or format, even where such
records are not usually maintained but are available in such
form or format.''.
SEC. 6. DELAYS.
(a) Fees.--Section 552(a)(4)(A) of title 5, United States Code, is
amended by adding at the end thereof the following new clause:
``(viii) If at an agency's request, the Comptroller General
determines that the agency annually has either provided responsive
documents or denied requests in substantial compliance with the
requirements of paragraph (6)(A), one-half of the fees collected under
this section shall be credited to the collecting agency and expended to
offset the costs of complying with this section through staff
development and acquisition of additional request processing resources.
The remaining fees collected under this section shall be remitted to
the Treasury as general funds or miscellaneous receipts.''.
(b) Payment of the Expenses of the Person Making a Request.--
Section 552(a)(4)(E) of title 5, United States Code, is amended by
adding at the end thereof the following new sentence: ``The court may
assess against the United States all out-of-pocket expenses incurred by
the person making a request, and reasonable attorney fees incurred in
the administrative process, in any case in which the agency has failed
to comply with the time limit provisions of paragraph (6) of this
subsection.''.
(c) Demonstration of Circumstances for Delay.--Section 552(a)(4)(E)
of title 5, United States Code, is further amended--
(1) by inserting ``(i)'' after ``(E)''; and
(2) by adding at the end thereof the following new clause:
``(ii) Any agency not in compliance with the time limits set forth
in this subsection shall demonstrate to a court that the delay is
warranted under the circumstances set forth under paragraph (6) (B) or
(C) of this subsection.''.
(d) Period for Agency Decision To Comply With Request.--Section
552(a)(6)(A)(i) is amended by striking out ``ten days'' and inserting
in lieu thereof ``twenty days''.
(e) Agency Backlogs.--Section 552(a)(6)(C) of title 5, United
States Code, is amended by inserting after the second sentence the
following: ``As used in this subparagraph, `exceptional circumstances'
shall be unforeseen and shall not include delays that result from a
predictable workload, including any ongoing agency backlog, in the
ordinary course of processing requests for records.''.
(f) Notification of Denial.--The fourth sentence of section
552(a)(6)(C) of title 5, United States Code, is amended to read: ``Any
notification of any full or partial denial of any request for records
under this subsection shall set forth the names and titles or positions
of each person responsible for the denial of such request and the total
number of denied records and pages considered by the agency to have
been responsive to the request.''.
(g) Multitrack FIFO Processing and Expedited Access.--Section
552(a)(6) of title 5, United States Code, is amended by adding at the
end thereof the following new subparagraphs:
``(D)(i) Each agency shall adopt a first-in, first-out (hereafter
in this subparagraph referred to as FIFO) processing policy in
determining the order in which requests are processed. The agency may
establish separate processing tracks for simple and complex requests
using FIFO processing within each track.
``(ii) For purposes of such a multitrack system--
``(I) a simple request shall be a request requiring 10 days
or less to make a determination on whether to comply with such
a request; and
``(II) a complex request shall be a request requiring more
than 10 days to make a determination on whether to comply with
such a request.
``(iii) A multitrack system shall not negate a claim of due
diligence under subparagraph (C), if FIFO processing within each track
is maintained and the agency can show that it has reasonably allocated
resources to handle the processing for each track.
``(E)(i) Each agency shall promulgate regulations, pursuant to
notice and receipt of public comment, providing that upon receipt of a
request for expedited access to records and a showing by the person
making such request of a compelling need for expedited access to
records, the agency shall determine within 5 days (excepting Saturdays,
Sundays, and legal public holidays) after the receipt of such a
request, whether to comply with such request. No more than 1 day after
making such determination the agency shall notify the person making a
request for expedited access of such determination, the reasons
therefor, and of the right to appeal to the head of the agency. A
request for records to which the agency has granted expedited access
shall be processed as soon as practicable. A request for records to
which the agency has denied expedited access shall be processed within
the time limits under paragraph (6) of this subsection.
``(ii) A person whose request for expedited access has not been
decided within 5 days of its receipt by the agency or has been denied
shall be required to exhaust administrative remedies. A request for
expedited access which has not been decided may be appealed to the head
of the agency within 7 days (excepting Saturdays, Sundays, and legal
public holidays) after its receipt by the agency. A request for
expedited access that has been denied by the agency may be appealed to
the head of the agency within 2 days (excepting Saturdays, Sundays, and
legal public holidays) after the person making such request receives
notice of the agency's denial. If an agency head has denied, affirmed a
denial, or failed to respond to a timely appeal of a request for
expedited access, a court which would have jurisdiction of an action
under paragraph (4)(B) of this subsection may, upon complaint, require
the agency to show cause why the request for expedited access should
not be granted, except that such review shall be limited to the record
before the agency.
``(iii) The burden of demonstrating a compelling need by a person
making a request for expedited access may be met by a showing, which
such person certifies under penalty of perjury to be true and correct
to the best of such person's knowledge and belief, that failure to
obtain the requested records within the timeframe for expedited access
under this paragraph would--
``(I) threaten an individual's life or safety;
``(II) result in the loss of substantial due process rights
and the information sought is not otherwise available in a
timely fashion; or
``(III) affect public assessment of the nature and
propriety of actual or alleged governmental actions that are
the subject of widespread, contemporaneous media coverage.''.
SEC. 7. COMPUTER REDACTION.
Section 552(b) of title 5, United States Code, is amended by
inserting before the period in the sentence following paragraph (9):
``, and the extent of such deletion shall be indicated on the released
portion of the record at the place in the record where such deletion
was made''.
SEC. 8. DEFINITIONS.
Section 552(f) of title 5, United States Code, is amended to read
as follows:
``(f) For purposes of this section--
``(1) the term `agency' as defined in section 551(1) of
this title includes any executive department, military
department, Government corporation, Government controlled
corporation, or other establishment in the executive branch of
the Government (including the Executive Office of the
President), or any independent regulatory agency;
``(2) the term `record' means all books, papers, maps,
photographs, machine-readable materials, or other information
or documentary materials, regardless of physical form or
characteristics; and
``(3) the term `search' means a manual or automated review
of agency records that is conducted for the purpose of locating
those records which are responsive to a request under
subsection (a)(3)(A) of this section.''. | Electronic Freedom of Information Improvement Act of 1994 - Amends the Freedom of Information Act (FOIA) to: (1) direct agencies to publish electronically by computer telecommunications (or by other electronic means if computer telecommunications means are unavailable) all information required to be published in the Federal Register, and make certain items available for public inspection and copying by such electronic means as well (including a list of all records made available to any person); (2) include among such required information an index of all information stored in an electronic form by the agency, a description of any new database, and a list of all statutes authorizing the agency to withhold information under such Act; (3) enable requesters to receive records in the format in which such records are maintained; (4) require reasonable efforts by the agency to provide records in an electronic format even when such records are not usually maintained in such format; (5) credit to agencies which have been found to be responsive to FOIA requests a percentage of the fees collected from such requests to offset compliance costs, at an agency's request; (6) provide for Government payment of the requester's out-of-pocket expenses in any case in which the agency has failed to comply with the FOIA request within prescribed time limits; (7) lengthen from ten to 20 days the period for agency decision to comply with a request for information; (8) preclude treatment of predictable workload (including any ongoing agency backlog) as unusual circumstances warranting extension of time limits; (9) require denial notifications to specify the total number of denied records and pages considered in responding to the FOIA request; (10) mandate agency regulations governing FOIA requests for expedited access, including a multitrack first-in, first-out processing policy for simple and complex requests); (11) require the extent of deletions to be indicated on the released portion of the record where they were made; and (12) define "record" to include all information or documentary materials regardless of physical form or characteristics, and "search" to include an automated examination to locate records. | Electronic Freedom of Information Improvement Act of 1994 |
SECTION 1. GOLF COURSE PRESERVATION AND MODERNIZATION.
(a) Findings.--Congress finds the following:
(1) Langston Golf Course, Rock Creek Golf Course, and East
Potomac Golf Course are owned by the United States and are
under the administrative jurisdiction of the National Park
Service, and each golf course has a long history of service to
the general public as an integral part of the Nation's capital,
including services to local and regional residents, visitors,
and tourists.
(2) Golf courses differ considerably from other lands
administered by the National Park Service because they require
a significant and continuing investment that cannot be required
of a concessionaire.
(3) East Potomac Golf Course opened in 1920 with three
courses to accommodate all levels of play, including an 18-hole
tournament-level course and two 9-hole practice courses, and
was initially segregated, with African-Americans allowed to
play on Mondays.
(4) Rock Creek Golf Course opened in 1923 as a 9-hole
course, and in 1925 the course was completed as an 18-hole
tournament-level course. This course was located in Rock Creek
Park, a major recreation and picnic facility for residents.
(5) Langston Golf Course opened in 1939 as a golf facility
for African-Americans and has been the home course of both the
Royal Golf Club and the Wake Robin Golf Club, the Nation's
first golf clubs for African-American men and women,
respectively. The golf course was named for John Mercer
Langston, the first African-American Congressman from Virginia,
elected in 1888.
(6) Each of the three courses contains valuable historic
components that must be maintained.
(7) Langston Golf Course is listed on the National Register
of Historic Places.
(8) Langston Golf Course is believed to be the first
regulation course built in the United States almost entirely on
a refuse landfill.
(9) The first American-born golf professional of African-
American ancestry was John Shippen, who was born in 1879 in the
Anacostia area of Washington, DC, placed fifth in the second
United States Open golf tournament in 1896 at 16 years of age,
and helped found the Capitol City Golf Club in 1925.
(10) The Capitol City Open golf tournament has made
Langston Golf Course its home for the past 40 years.
(11) The Capitol City Golf Club, renamed the Royal Golf
Club and Wake Robin Women's Club, has historically promoted a
safe golf facility for African-Americans in Washington, DC,
during an era of few available facilities, and these two clubs
remain the oldest African-American golf clubs in the United
States.
(12) The Langston facility provides important recreational
outlets, instructional forums, and a ``safe haven center'' for
the enhancement of the lives of inner city youth and other
residents in Washington, DC.
(13) The Langston, Rock Creek, and East Potomac golf
courses provide a home for the Nation's important minority
youth ``First Tee'' golf instruction and recreational program
in Washington, DC.
(14) The Langston, Rock Creek, and East Potomac golf
courses have traditionally provided additional quality of life
value to Washington, DC, and regional residents and visitors
and the golf courses will reach their considerable potential
once upgraded to meet their athletic and historical promise.
(b) Management of Golf Courses.--
(1) Definitions.--For the purposes of this section, the
following apply:
(A) Rock creek.--The term ``Rock Creek'' means the
federally owned golf course and related facilities
located at 16th and Rittenhouse NW, Washington, DC
20011, within the boundaries of 16th Street NW to the
East; Military Road NW to the South; Beach Drive NW to
the West; and Sherrill Drive NW to the North.
(B) Langston.--The term ``Langston'' means the
federally owned golf course and related facilities
located at 26th and Benning Road NE, Washington, DC
20002, within the boundaries of Anacostia River to the
East; Hickory Hill Road to the Northeast; Valley Road
NE to the Northeast; Azalea Road NE to the North;
Ellipse Road NE to the West; M Street NE to the North;
Maryland Avenue NE to the Northwest; 22nd Street NE to
the West; 26th Street to the West; and Benning Road NE
to the South.
(C) East potomac.--The term ``East Potomac'' means
the federally owned golf course and related facilities
located at 972 Ohio Drive SW, Washington DC 20024,
within the boundaries of Ohio Drive to the East, South,
and West; and Buckeye Drive SW to the North.
(D) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Director
of the National Park Service.
(c) Lease Expiration Dates.--The Secretary shall ensure, that upon
the expiration of the lease currently in force for East Potomac, that
any new lease for East Potomac shall be set to expire on the same date
as the lease currently in force for Langston and Rock Creek and upon
the expiration of Langston, Rock Creek, and the new lease for East
Potomac, the lease referred to in subsection (d) shall commence.
(d) Lease.--The lease referred to in subsection (e) is a lease for
the continued operation and maintenance of Rock Creek, Langston, and
East Potomac as golf courses. A lease entered into under this section
shall include the 3 golf courses in one lease agreement and require
that the golf courses be operated and maintained in a manner that--
(1) retains the historic nature of the courses including an
appropriate commemoration of the Langston Golf Course's
historic place in African-American golf history;
(2) at least 2 of the 3 courses maintain fees related to
use of the golf courses to be affordable in light of the
current fee system used today at the courses;
(3) may allow fees collected at one golf course to
subsidize the maintenance and operation of one or more of the
other golf courses; and
(4) allows for a long-term ground lease on the 3 courses.
(e) Requests for Proposals.--The Secretary shall solicit proposals,
through a competitive process, to procure the lease described in
subsection (d) and may, after such solicitation, enter into agreements
to procure the lease. The Secretary shall solicit the request for
proposals under this subsection in such a manner which ensures, to the
greatest extent practicable, the participation of disadvantaged
business enterprises among the equity partners of the sponsors of the
proposals.
(f) Applicability of Certain Laws.--The National Park Service
Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et seq.)
shall not apply to requests for proposals submitted and leases and
agreements entered into under this section. | Directs the Secretary of the Interior, acting through the Director of the National Park Service, to solicit proposals to procure a new lease for the continued operation and maintenance of Rock Creek, Langston, and East Potomac golf courses.
Requires the lease to include the three golf courses in one lease agreement and mandate that the courses be operated and maintained in a manner that: (1) retains the historic nature of the courses, including an appropriate commemoration of the Langston Golf Course's historic place in African American golf history; (2) ensures that at least two of the courses maintain fees related to use that are affordable; (3) allows fees collected at one course to subsidize the maintenance and operation of one or more of the others; and (4) allows for a long-term ground lease on the three courses.
Directs the Secretary to solicit the request for proposals in a manner that ensures the participation of disadvantaged business enterprises among the equity partners of the sponsors of the proposals.
Makes the National Park Service Concessions Management Improvement Act of 1998 inapplicable to requests for proposals submitted and leases and agreements entered into under this Act. | To authorize the Secretary of the Interior to enter into a long-term ground lease for the operation and maintenance of Rock Creek, Langston, and East Potomac as golf courses, and for other purposes. |
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