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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bob Dole Congressional Gold Medal
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Bob Dole was born on July 22, 1923, in Russell, Kansas.
(2) Growing up during the Great Depression, Bob Dole
learned the values of hard work and discipline, and worked at a
local drug store.
(3) In 1941, Bob Dole enrolled at the University of Kansas
as a pre-medical student. During his time at KU he played for
the basketball, football, and track teams, and joined the Kappa
Sigma Fraternity, from which he would receive the ``Man of the
Year'' award in 1970.
(4) Bob Dole's collegiate studies were interrupted by WWII,
and he enlisted in the United States Army. During a military
offensive in Italy, he was seriously wounded while trying to
save a fellow soldier. Despite his grave injuries, Dole
recovered and was awarded two Purple Hearts and a Bronze Star
with an Oak Cluster for his service. He also received an
American Campaign Medal, a European-African-Middle Eastern
Campaign Medal, and a World War II Victory Medal.
(5) While working on his law degree from Washburn
University, Bob Dole was elected into the Kansas House of
Representatives, serving from 1951-1953.
(6) Bob Dole was elected into the U.S. House of
Representatives and served two Kansas districts from 1961-1969.
(7) In 1969, Bob Dole was elected into the U.S. Senate and
served until 1996. Over the course of this period, he served as
Chairman of the Republican National Committee, Chairman of the
Finance Committee, Senate Minority Leader, and Senate Majority
Leader.
(8) Bob Dole was known for his ability work across the
aisle and embrace practical bipartisanship on issues such as
Social Security.
(9) Bob Dole has been a life-long advocate for the disabled
and was a key figure in the passing of the Americans with
Disabilities Act in 1990.
(10) After his appointment as Majority Leader, Bob Dole set
the record as the nation's longest-serving Republican Leader in
the Senate.
(11) Several Presidents of the United States have specially
honored Bob Dole for his hard work and leadership in the public
sector. This recognition is exemplified by the following:
(A) President Reagan awarded Bob Dole the
Presidential Citizens Medal in 1989 stating, ``Whether
on the battlefield or Capitol Hill, Senator Dole has
served America heroically. Senate Majority Leader
during one of the most productive Congresses of recent
time, he has also been a friend to veterans, farmers,
and Americans from every walk of life. Bob Dole has
stood for integrity, straight talk and achievement
throughout his years of distinguished public
service.''.
(B) Upon awarding Bob Dole with the Presidential
Medal of Freedom in 1997, President Clinton made the
following comments, ``Son of the soil, citizen, soldier
and legislator, Bob Dole understands the American
people, their struggles, their triumphs and their
dreams . . . In times of conflict and crisis, he has
worked to keep America united and strong . . . our
country is better for his courage, his determination,
and his willingness to go the long course to lead
America.''.
(12) After his career in public office, Bob Dole became an
active advocate for the public good. He served as National
Chairman of the World War II Memorial Campaign, helping raise
over $197 million to construct the National WWII Memorial, and
as Co-Chair of the Families of Freedom Scholarship Fund,
raising over $120 million for the educational needs of the
families of victims of 9/11.
(13) From 1997-2001, Bob Dole served as chairman of the
International Commission on Missing Persons in the Former
Yugoslavia.
(14) In 2003, Bob Dole established The Robert J. Dole
Institute of Politics at the University of Kansas to encourage
bipartisanship in politics.
(15) Bob Dole is a strong proponent of international
justice and, in 2004, received the Golden Medal of Freedom from
the President of Kosovo for his support of democracy and
freedom in Kosovo.
(16) In 2007, President George W. Bush appointed Bob Dole
to co-chair the President's Commission on Care for America's
Returning Wounded Warriors, which inspected the system of
medical care received by U.S. soldiers returning from Iraq and
Afghanistan.
(17) Bob Dole was the co-creator of the McGovern-Dole
International Food for Education and Child Nutrition Program,
helping combat child hunger and poverty. In 2008, he was co-
awarded the World Food Prize for his work with this
organization.
(18) Bob Dole is co-founder of the Bipartisan Policy Center
which works to develop policies suitable for bipartisan
support.
(19) Bob Dole is a strong advocate for veterans, having
volunteered on a weekly basis for more than a decade on behalf
of the Honor Flight Network.
(20) Bob Dole serves as Finance Chairman of the Campaign
for the National Eisenhower Memorial, leading the private
fundraising effort to memorialize President Dwight D.
Eisenhower in Washington, DC.
(21) Bob Dole was acknowledged by many organizations for
his achievements both inside and outside of politics, including
being awarded the ``U.S. Senator John Heinz Award for
Outstanding Public Service By An Elected Official'', the Gold
Good Citizenship Award, the American Patriot Award, the
Survivor's Gratitude Award, the U.S. Association of Former
Member of Congress Distinguished Service Award, a Distinguished
Service Medal, the French Legion of Honor medal, the Horatio
Alger Award, the U.S. Defense Department's Distinguished Public
Service Award, the National Collegiate Athletic Association's
Teddy Roosevelt Award, the Albert Schweitzer Medal ``for
outstanding contributions to animal welfare'', the 2004
Sylvanus Thayer Award, and honorary degrees from the University
of Kansas, Fort Hays State University, and the University of
New Hampshire School of Law.
(22) Throughout his life-long service to our country, Bob
Dole has embodied the American spirit of leadership and
determination, and serves as one of the most prolific role
models both in and outside of politics.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of Congress, of a gold medal of
appropriate design to Bob Dole, in recognition for his service to the
nation as a soldier, legislator, and statesman.
(b) Design and Striking.--For the purpose of the award referred to
in subsection (a), the Secretary of the Treasury (referred to in this
Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3 under such regulations as the Secretary
may prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Bob Dole Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal to Bob Dole in recognition for his service to the nation as a soldier, legislator, and statesman. | Bob Dole Congressional Gold Medal Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Master Limited Partnerships Parity
Act''.
SEC. 2. EXTENSION OF PUBLICLY TRADED PARTNERSHIP OWNERSHIP STRUCTURE TO
ENERGY POWER GENERATION PROJECTS, TRANSPORTATION FUELS,
AND RELATED ENERGY ACTIVITIES.
(a) In General.--Subparagraph (E) of section 7704(d)(1) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``income and gains derived from the
exploration'' and inserting ``income and gains derived from the
following:
``(i) Minerals, natural resources, etc.--
The exploration'';
(2) by inserting ``or'' before ``industrial source'';
(3) by inserting a period after ``carbon dioxide''; and
(4) by striking ``, or the transportation or storage'' and
all that follows and inserting the following:
``(ii) Renewable energy.--The generation of
electric power (including the leasing of
tangible personal property used for such
generation) exclusively utilizing any resource
described in section 45(c)(1) or energy
property described in section 48 (determined
without regard to any termination date), or in
the case of a facility described in paragraph
(3) or (7) of section 45(d) (determined without
regard to any placed in service date or date by
which construction of the facility is required
to begin), the accepting or processing of such
resource.
``(iii) Energy storage property.--The sale
of electric power, capacity, resource adequacy,
demand response capabilities, or ancillary
services that is produced or made available
from any equipment or facility (operating as a
single unit or as an aggregation of units) the
principal function of which is to--
``(I) use mechanical, chemical,
electrochemical, hydroelectric, or
thermal processes to store energy that
was generated at one time for
conversion to electricity at a later
time, or
``(II) store thermal energy for
direct use for heating or cooling at a
later time in a manner that avoids the
need to use electricity at that later
time.
``(iv) Combined heat and power.--The
generation, storage, or distribution of thermal
energy exclusively utilizing property described
in section 48(c)(3) (determined without regard
to subparagraphs (B) and (D) thereof and
without regard to any placed in service date).
``(v) Renewable thermal energy.--The
generation, storage, or distribution of thermal
energy exclusively using any resource described
in section 45(c)(1) or energy property
described in clause (i) or (iii) of section
48(a)(3)(A).
``(vi) Waste heat to power.--The use of
recoverable waste energy, as defined in section
371(5) of the Energy Policy and Conservation
Act (42 U.S.C. 6341(5)) (as in effect on the
date of the enactment of the Master Limited
Partnerships Parity Act).
``(vii) Renewable fuel infrastructure.--The
storage or transportation of any fuel described
in subsection (b), (c), (d), or (e) of section
6426.
``(viii) Renewable fuels.--The production,
storage, or transportation of any renewable
fuel described in section 211(o)(1)(J) of the
Clean Air Act (42 U.S.C. 7545(o)(1)(J)) (as in
effect on the date of the enactment of the
Master Limited Partnerships Parity Act) or
section 40A(d)(1).
``(ix) Fuel derived from captured carbon
dioxide.--The production, storage, or
transportation of any fuel which--
``(I) uses carbon dioxide captured
from an anthropogenic source or the
atmosphere as its primary feedstock,
and
``(II) is determined by the
Secretary, in consultation with the
Secretary of Energy and the
Administrator of the Environmental
Protection Agency, to achieve a
reduction of not less than a 60 percent
in lifecycle greenhouse gas emissions
(as defined in section 211(o)(1)(H) of
the Clean Air Act) compared to baseline
lifecycle greenhouse gas emissions (as
defined in section 211(o)(1)(C) of such
Act).
This clause shall not apply to any fuel which
uses as its primary feedstock carbon dioxide
which is deliberately released from naturally-
occurring subsurface springs.
``(x) Renewable chemicals.--The production,
storage, or transportation of any qualifying
renewable chemical (as defined in paragraph
(6)).
``(xi) Energy efficient buildings.--The
audit and installation through contract or
other agreement of any energy efficient
building property described in section
179D(c)(1).
``(xii) Gasification with sequestration.--
The production of any product or the generation
of electric power from a project--
``(I) which meets the requirements
of subparagraphs (A) and (B) of section
48B(c)(1), and
``(II) not less than 75 percent of
the total carbon dioxide emissions of
which is qualified carbon dioxide (as
defined in section 45Q(b)) which is
disposed of or utilized as provided in
paragraph (7).
``(xiii) Carbon capture and
sequestration.--
``(I) Power generation
facilities.--The generation or storage
of electric power (including associated
income from the sale or marketing of
energy, capacity, resource adequacy,
and ancillary services) produced from
any power generation facility which is,
or from any power generation unit
within, a qualified facility which is
described in section 45Q(c) and not
less than 50 percent (30 percent in the
case of a facility or unit placed in
service before January 1, 2017) of the
total carbon dioxide emissions of which
is qualified carbon dioxide which is
disposed of or utilized as provided in
paragraph (7).
``(II) Other facilities.--The sale
of any good or service from any
facility (other than a power generation
facility) which is a qualified facility
described in section 45Q(c) and the
captured qualified carbon dioxide (as
so defined) of which is disposed of as
provided in paragraph (7).''.
(b) Renewable Chemical.--
(1) In general.--Section 7704(d) of such Code is amended by
adding at the end the following new paragraph:
``(6) Qualifying renewable chemical.--
``(A) In general.--The term `qualifying renewable
chemical' means any renewable chemical (as defined in
section 9001 of the Agriculture Act of 2014)--
``(i) which is produced by the taxpayer in
the United States or in a territory or
possession of the United States,
``(ii) which is the product of, or reliant
upon, biological conversion, thermal
conversion, or a combination of biological and
thermal conversion, of renewable biomass (as
defined in section 9001(13) of the Farm
Security and Rural Investment Act of 2002),
``(iii) the biobased content of which is 95
percent or higher,
``(iv) which is sold or used by the
taxpayer--
``(I) for the production of
chemical products, polymers, plastics,
or formulated products, or
``(II) as chemicals, polymers,
plastics, or formulated products,
``(v) which is not sold or used for the
production of any food, feed, or fuel, and
``(vi) which is--
``(I) acetic acid, acrylic acid,
acyl glutamate, adipic acid, algae
oils, algae sugars, 1,4-butanediol
(BDO), iso-butanol, n-butanol, C10 and
higher hydrocarbons produced from
olefin metathesis, carboxylic acids
produced from olefin metathesis,
cellulosic sugar, diethyl methylene
malonate, dodecanedioic acid (DDDA),
esters produced from olefin metathesis,
ethyl acetate, ethylene glycol,
farnesene, 2,5-furandicarboxylic acid,
gamma-butyrolactone, glucaric acid,
hexamethylenediamine (HMD), 3-hydroxy
propionic acid, iso-butene, isoprene,
itaconic acid, lactide, levulinic acid,
polyhydroxyalkonate (PHA), polylactic
acid (PLA), polyethylene furanoate
(PEF), polyethylene terephthalate
(PET), polyitaconic acid, polyols from
vegetable oils, poly(xylitan levulinate
ketal), 1,3-propanediol, 1,2-
propanediol, rhamnolipids, short and
medium chain carboxylic acids produced
from anaerobic digestion, succinic
acid, terephthalic acid, vegetable
fatty acid derived from ethyl esters
containing vegetable oil, or p-Xylene,
or
``(II) any chemical not described
in clause (i) which is a chemical
listed by the Secretary for purposes of
this paragraph.
``(B) Biobased content.--For purposes of
subparagraph (A)(iii), the term `biobased content
percentage' means, with respect to any renewable
chemical, the biobased content of such chemical
(expressed as a percentage) determined by testing
representative samples using the American Society for
Testing and Materials (ASTM) D6866.''.
(2) List of other qualifying renewable chemicals.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury (or the Secretary's
delegate), in consultation with the Secretary of Agriculture,
shall establish a program to consider applications from
taxpayers for the listing of chemicals under section
7874(d)(6)(A)(vi)(II) (as added by paragraph (1)).
(c) Disposal and Utilization of Captured Carbon Dioxide.--Section
7704(d) of such Code, as amended by subsection (b), is amended by
adding at the end the following new paragraph:
``(7) Disposal and utilization of captured carbon
dioxide.--For purposes of clauses (xii)(III) and (xiii)(I) of
paragraph (1)(E), carbon dioxide is disposed of or utilized as
provided in this paragraph if such carbon dioxide is--
``(A) placed into secure geological storage (as
determined under section 45Q(d)(2)),
``(B) used as a tertiary injectant (as defined in
section 45Q(d)(3)) in a qualified enhanced oil or
natural gas recovery project (as defined in section
45Q(d)(4)) and placed into secure geological storage
(as so determined),
``(C) fixated through photosynthesis or
chemosynthesis (such as through the growing of algae or
bacteria),
``(D) chemically converted to a material or
chemical compound in which it is securely stored, or
``(E) used for any other purpose which the
Secretary determines has the potential to strengthen or
significantly develop a competitive market for carbon
dioxide captured from man-made sources.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, in taxable years
ending after such date. | Master Limited Partnerships Parity Act This bill amends the Internal Revenue Code, with respect to the tax treatment of publicly traded partnerships as corporations, to expand the definition of "qualifying income" for such partnerships (known as master limited partnerships) to include income and gains from renewable and alternative energy generation projects (in addition to fossil fuel-based energy generation projects) and related infrastructure for transportation or storage, including energy derived from thermal resources, waste, renewable fuels and chemicals, energy efficient buildings, gasification, and carbon capture in secure geological storage. | Master Limited Partnerships Parity Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Enforcement Act of
1994''.
TITLE I--CHILD SUPPORT ENFORCEMENT
SEC. 101. HOLD ON OCCUPATIONAL, PROFESSIONAL, AND BUSINESS LICENSES.
(a) State Hold Based on Warrant or Support Delinquency.--Section
466(a) of the Social Security Act (42 U.S.C. 666(a)) is amended by
inserting after paragraph (11) the following:
``(12) Procedures under which the State occupational
licensing and regulating departments and agencies may not issue
or renew any occupational, professional, or business license
of--
``(A) a noncustodial parent who is the subject of
an outstanding failure to appear warrant, capias, or
bench warrant related to a child support proceeding
that appears on the State's crime information system,
until removed from the system; and
``(B) an individual who is delinquent in the
payment of child support, until the obligee or a State
prosecutor responsible for child support enforcement
consents to, or a court that is responsible for the
order's enforcement orders, the release of the hold on
the license, or an expedited inquiry and review is
completed while the individual is granted a 60-day
temporary license.
The preceding sentence shall not apply to an individual who
makes an adequate showing to the State that the failure to
issue or renew an occupational, professional, or business
license will result in undue hardship.''.
(b) Federal Hold Based on Support Delinquency.--A Federal agency
may not issue or renew any occupational, professional, or business
license of an individual who is delinquent in the payment of child
support, until the obligee, the obligee's attorney, or a State
prosecutor responsible for child support enforcement consents to, or a
court that is responsible for the order's enforcement orders, the
release of the hold on the license, or an expedited inquiry and review
is completed while the individual is granted a 60-day temporary
license. The preceding sentence shall not apply to an individual who
makes an adequate showing to the State that the failure to issue or
renew an occupational, professional, or business license will result in
undue hardship.
SEC. 102. DENIAL OF FEDERAL BENEFITS, LOANS, GUARANTEES, AND EMPLOYMENT
TO CERTAIN PERSONS WITH LARGE CHILD SUPPORT ARREARAGES.
(a) Benefits, Loans, and Guarantees.--Notwithstanding any other
provision of law, each agency or instrumentality of the Federal
Government may not, under any program that the agency or
instrumentality supervises or administers, provide a benefit to, make a
loan to, or provide any guarantee for the benefit of, any individual--
(1) whose child support arrearages, determined under a
court order or an order of an administrative process
established under State law, exceed $1,000; and
(2) who is not in compliance with a plan or an agreement to
repay the arrearages.
The preceding sentence shall not apply to an individual who makes an
adequate showing to the State that the failure to provide a benefit,
loan, or guarantee will result in undue hardship.
(b) Employment.--
(1) In general.--Notwithstanding any other provision of
law, an individual shall be considered ineligible to accept
employment in a position in the Federal Government if--
(A) such individual has child support arrearages,
determined under a court order or an order of an
administrative process established under State law,
exceeding $1,000; and
(B) such individual is not in compliance with a
plan or agreement to repay the arrearages.
The preceding sentence shall not apply to an individual who
makes an adequate showing to the State that ineligibility to
accept employment will result in undue hardship.
(2) Regulations.--Regulations to carry out paragraph (1)
shall--
(A) with respect to positions in the executive
branch, be prescribed by the President (or his
designee);
(B) with respect to positions in the legislative
branch, be prescribed jointly by the President pro
tempore of the Senate and the Speaker of the House of
Representatives (or their designees); and
(C) with respect to positions in the judicial
branch, be prescribed by the Chief Justice of the
United States (or his designee).
(3) Child support defined.--For purposes of this
subsection, the term ``child support'' has the meaning given
such term in section 462(b) of the Social Security Act (42
U.S.C. 662(b)).
SEC. 103. DENIAL OF PASSPORTS TO NONCUSTODIAL PARENTS SUBJECT TO STATE
ARREST WARRANTS IN CASES OF NONPAYMENT OF CHILD SUPPORT.
The Secretary of State is authorized to refuse a passport or
revoke, restrict, or limit a passport in any case in which the
Secretary of State determines or is informed by competent authority
that the applicant or passport holder is a noncustodial parent who is
the subject of an outstanding State warrant of arrest for nonpayment of
child support, where the amount in controversy is not less than
$10,000.
SEC. 104. FAIR CREDIT REPORTING ACT AMENDMENT.
Section 604 of the Consumer Credit Protection Act (15 U.S.C. 1681b)
is amended by adding at the end the following:
``(4) To a State agency administering a State plan under section
454 of the Social Security Act, for use to establish or modify a child
support award.''.
SEC. 105. NATIONAL REPORTING OF NEW HIRES AND CHILD SUPPORT
INFORMATION.
(a) In General.--The Secretary of the Treasury, in consultation
with the Secretary of Labor, shall establish a system of reporting of
new employees by requiring employers to provide a copy of every new
employee's W-4 form to the child support enforcement agency of the
State in which the employment is located.
(b) Expanded Use of Form.--The Secretary of the Treasury shall
modify the W-4 form completed by the new employee to include--
(1) whether a child support obligation is owed by the new
employee, and if so, to whom such obligation is payable and the
amount of such obligation,
(2) whether payment of such obligation is to be by income
withholding, and
(3) whether the new employee has health care insurance
available.
TITLE II--INTERSTATE CHILD SUPPORT ENFORCEMENT
SEC. 201. INTERSTATE RECOGNITION OF CHILD SUPPORT AND PARENTAGE ORDERS.
(a) In General.--Chapter 115 of title 28, United States Code, is
amended by inserting after section 1738A the following:
``Sec. 1738B. Full faith and credit to child support and parentage
orders
``(a) As used in this section:
``(1) The term `child' means any individual who has not
attained the age of 18 years, and any individual who has
attained the age of 18 years for whom a child support order has
been issued pursuant to the laws of a State.
``(2) The term `child support' includes periodic and lump-
sum payments for current and past due economic support,
payments of premiums for health insurance for children,
payments for or provision of child care, and payments for
educational expenses.
``(3) The term `child support order' means a judgment,
decree or order of a court requiring the payment of money,
whether in periodic amounts or lump sum, for the support of a
child and includes permanent and temporary orders, initial
orders and modifications, ongoing support and arrearages.
``(4) The term `child's State' means, with respect to a
child, the State in which the child resides with a parent or an
individual acting as a parent.
``(5) The term `contestant' means an individual, including
a parent, who claims a right to receive child support or is
under an order to pay child support, and includes States and
political subdivisions to which support rights have been
assigned.
``(6) The term `court' means a court, administrative
process, or quasijudicial process of a State that is authorized
to--
``(A) adjudicate parentage;
``(B) establish the amount of support payable by a
contestant; or
``(C) modify the amount of support payable by a
contestant.
``(7) The term `home State' means, with respect to a child,
the State in which, immediately preceding the time involved,
the child lived with his or her parents, a parent, or an
individual acting as parent, for at least 6 consecutive months
(including any periods of temporary absence), and if the child
has not attained the age of 6 months, the State in which the
child lived from birth with any of such individuals.
``(8) The term `individual acting as a parent' means an
individual, other than a parent, who has physical custody of a
child and who has either been awarded custody by a court or
claims a right to custody.
``(9) The terms `modification' and `modify' refer to a
change in a child support order or an order adjudicating
parentage that modifies, replaces, supersedes, or otherwise is
made subsequent to such prior order, whether or not made by the
same court that issued such prior order.
``(10) The term `State' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, a
territory or possession of the United States, and Indian
country as defined in section 1151 of title 18, United States
Code.
``(b) The courts of each State shall recognize and enforce
according to its terms a child support order or an order adjudicating
parentage against an individual over whom personal jurisdiction has
been exercised consistent with this section, and shall not modify such
an order except as provided in subsection (f).
``(c) A court of a State may exercise personal jurisdiction over a
nonresident contestant if there is any basis consistent with the
constitution of the State and the Constitution of the United States for
the exercise.
``(d) A court of a State which has issued a child support order or
an order adjudicating parentage consistent with this section shall have
continuing, exclusive jurisdiction of the order for so long as the
State remains the child's State or the residence of any contestant,
unless another State, acting in accordance with subsection (f), has
modified the order.
``(e) Before a court of a State makes a child support order or
adjudicates parentage, reasonable notice and opportunity to be heard
shall be given to the contestants.
``(f) A court of a State may modify a child support order or an
order adjudicating parentage issued by a court of another State if--
``(1) each contestant has filed written consent for the
court of the State to modify the order and assume continuing,
exclusive jurisdiction of the order; and
``(2) the court of the State otherwise has jurisdiction to
issue such an order.
``(g) A court of a State which no longer has continuing, exclusive
jurisdiction of a child support order or an order adjudicating
parentage may enforce the order with respect to unsatisfied obligations
which accrued before the date the order is modified in accordance with
subsection (f).
``(h) A court of a State shall not exercise jurisdiction in any
proceeding for a child support order or an adjudication of parentage
commenced during the pendency of a proceeding in a court of another
State when the court of the other State is exercising jurisdiction
consistent with this section unless--
``(1) the proceeding was filed in the State before the
expiration of time allowed in the other State for filing a
responsive pleading challenging the exercise of jurisdiction by
the other State;
``(2) the contesting party timely challenges the exercise
of jurisdiction by the other State; and
``(3) if applicable, the court is in the home State of the
child.
``(i)(1) Except as provided in paragraphs (2) and (3), the forum
State's law shall apply in a proceeding to establish, modify, or
enforce a child support order or an order adjudicating parentage.
``(2) The courts of a State shall apply the law of the State that
issued a child support order or an order adjudicating parentage in
interpreting such an order.
``(3) In an action to enforce a child support order or an order
adjudicating parentage, the statute of limitations under the laws of
the forum State or the issuing State, whichever is longer, shall
apply.''.
(b) Clerical Amendment.--The chapter analysis for such chapter is
amended by inserting after the item relating to section 1738A the
following:
``1738B. Full faith and credit to child support and parentage
orders.''.
TITLE III--HIDING ASSETS
SEC. 301. FRAUDULENT TRANSFER PURSUIT.
Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as
amended by section 101, is amended by inserting after paragraph (12)
the following:
``(13) Procedures requiring that, in any case related to
child support, any transfer of property by an individual who
owes a child support arrearage shall be presumed to be made
with the intent to avoid payment of the arrearage, and may be
rebutted by evidence to the contrary.''.
SEC. 302. FRAUDULENT TRANSFER PURSUIT.
Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as
amended by section 101 and section 301, is amended by inserting after
paragraph (12) the following new paragraph:
``(14) Procedures that allow the State to void fraudulent
conveyances of property that are made in an attempt to avoid
child support obligations.''. | TABLE OF CONTENTS:
Title I: Child Support Enforcement
Title II: Interstate Child Support Enforcement
Title III: Hiding Assets
Child Support Enforcement Act of 1994 -
Title I: Child Support Enforcement
- Amends the Social Security Act to require States to have in effect statutorily prescribed procedures under which the State occupational licensing and regulating agencies may not issue or renew any occupational, professional, or business license (license) of: (1) a noncustodial parent who is the subject of an outstanding failure to appear warrant, capias, or bench warrant related to a child support proceeding that appears on the State's crime information system; and (2) an individual who is delinquent in the payment of child support until the obligee or a State prosecutor consents to, or a court orders, the release of the hold on the license or an expedited inquiry and review is completed while the individual is granted a 60-day temporary license. Makes such provision inapplicable to an individual who makes an adequate showing to the State that the failure to issue or renew the license will result in undue hardship.
Prohibits (subject to a showing of undue hardship) a Federal agency from issuing or renewing a license of an individual who is delinquent in the payment of child support until the obligee, the obligee's attorney, or a State prosecutor consents to, or a court orders, the release of the hold on the license or an expedited inquiry and review is completed while the individual is granted a 60-day temporary license.
(Sec. 102) Prohibits (subject to a showing of undue hardship) each agency or instrumentality of the Federal Government, under any program, from providing a benefit to, making a loan to, or providing any guarantee for the benefit of, any individual: (1) whose child support arrearages determined under a court order or an order of an administrative process established under State law exceed $1,000; and (2) who is not in compliance with a plan or an agreement to repay the arrearages.
Makes such an individual ineligible to accept employment in a position in the Federal Government (subject to a showing of undue hardship).
(Sec. 103) Authorizes the Secretary of State to refuse a passport or revoke, restrict, or limit a passport in any case in which the Secretary determines or is informed by competent authority that the applicant or passport holder is a noncustodial parent who is the subject of an outstanding State warrant of arrest for nonpayment of child support where the amount in controversy is not less than $10,000.
(Sec. 104) Amends the Consumer Credit Protection Act to authorize a consumer reporting agency to furnish a consumer report to a State agency administering a State plan under the Social Security Act for use to establish or modify a child support award.
(Sec. 105) Directs the Secretary of the Treasury to: (1) establish a system of reporting of new employees by requiring employers to provide a copy of every new employee's W-4 form to the child support enforcement agency of the State in which the employment is located; and (2) modify the W-4 form completed by the new employee to include whether a child support obligation is owed by such employee (and, if so, to whom such obligation is payable and the amount of such obligation), whether payment of such obligation is to be by income withholding, and whether the new employee has health care insurance available.
Title II: Interstate Child Support Enforcement
- Amends the Federal judicial code to: (1) require the courts of each State to recognize and enforce according to its terms a child support order or an order adjudicating parentage against an individual over whom personal jurisdiction has been exercised consistent with this title; and (2) prohibit such courts from modifying such an order unless each contestant has filed written consent and the court of the State otherwise has jurisdiction to issue such an order.
Sets forth provisions regarding: (1) the exercise by the court of a State of personal jurisdiction over a nonresident contestant and of continuing, exclusive jurisdiction of a child support order or an order adjudicating parentage; (2) which law applies (generally, the forum State's law is applicable in a proceeding to establish, modify, or enforce such an order); and (3) which statute of limitations applies (whichever is longer).
Title III: Hiding Assets
- Amends the Social Security Act to require States to have in effect statutorily prescribed procedures: (1) requiring that, in any case related to child support, any transfer of property by an individual who owes a child support arrearage be presumed to be made with the intent to avoid payment of the arrearage (subject to rebuttal by evidence to the contrary); and (2) that allow the State to void fraudulent conveyances of property that are made in an attempt to avoid child support obligations. | Child Support Enforcement Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Give Fans a Chance Act of 2011''.
SEC. 2. AMENDMENT TO ANTITRUST EXEMPTION.
The Act of September 30, 1961 (Public Law 87-331; 15 U.S.C. 1291 et
seq.), is amended by adding at the end the following:
``SEC. 7. CONDITIONAL APPLICATION OF ACT.
``(a) Inapplicability.--This Act shall not apply to a league of
clubs of a professional sport for any period during which any member
club of such league is--
``(1) subject to such league's requirement, or to an
agreement made by 2 or more member clubs of such league, that
forbids any of such clubs to transfer (by sale or otherwise) an
ownership interest of any kind in such club to any governmental
entity or to members of the general public; or
``(2) not in compliance with subsection (b) or (c).
``(b) Notice of Proposed Change in Community; Opportunities To
Respond to Proposed Relocation or Elimination.--
``(1) In general.--A member club that proposes to relocate,
or a league that proposes to relocate or eliminate a member
club, out of a community in the home territory of the member
club shall furnish notice of such proposed relocation or
elimination not later than 180 days before the commencement of
the season in which the club is to play home games in the
proposed new location.
``(2) Persons entitled to receive notice.--The notice
required by paragraph (1) shall be furnished to all interested
persons.
``(3) Requirements.--The notice shall--
``(A) be in writing and delivered in person or by
certified mail;
``(B) be made available to the news media;
``(C) be published in 1 or more newspapers of
general circulation within the club's home community;
and
``(D) contain--
``(i) an identification of the proposed new
home community of such club if applicable;
``(ii) a summary of the reasons for the
proposed relocation or elimination based on the
criteria listed in subsection (c); and
``(iii) the date on which the proposed
relocation or elimination would become
effective.
``(4) Opportunity to offer to purchase.--
``(A) In general.--During the 180-day notice period
specified in paragraph (1), a local government,
stadium, arena authority, person, or any combination
thereof, may prepare and present a proposal to purchase
the club to retain the club in the home community.
``(B) Membership in league.--If a bid under
subparagraph (A) is successful, the league of which the
club is a member shall not prohibit the club's
membership in the league on the basis that the club is
owned in whole or in part by several persons or
entities, or by 1 or more local governments.
``(5) Opportunity to induce club to stay.--During the 180-
day notice period specified in paragraph (1), the club (and the
league of which the club is a member) shall give a local
government, stadium authority, person, or any combination
thereof, the opportunity to prepare and present a proposal to
induce the club to remain in its home community.
``(6) Response.--The response of the owner of the club to
any offer made under paragraph (4) or (5) shall--
``(A) be in writing and delivered in person or by
certified mail; and
``(B) state in detail the reasons for refusal of
any bona fide offer.
``(7) Determination by league.--
``(A) In general.--The league of which the club is
a member shall make a determination, before the
expiration of the 180-day notice period specified in
paragraph (1), with respect to the relocation or
elimination of the club out of its home community.
``(B) Hearings.--In making a determination under
this paragraph, the league shall conduct a hearing at
which interested persons are afforded an opportunity to
present oral or written testimony regarding the
proposed relocation or elimination of the club. The
league shall keep a record of all such proceedings.
``(C) Consideration of proposals.--The league shall
take into account any inducement proposal that is
offered under paragraph (5).
``(8) Considerations.--In determining whether to approve or
disapprove the relocation or elimination of the club, the
league shall take into consideration the criteria listed in
subsection (c).
``(c) Criteria for Relocation or Elimination Decisions.--
Notwithstanding any other law, before making a decision to approve or
disapprove the relocation or elimination of a club out of its home
community, the league of which such club is a member shall take into
consideration--
``(1) the extent to which fan loyalty to and support for
the club has been demonstrated during the club's operation in
such community;
``(2) the degree to which the club has engaged in good
faith negotiations with appropriate persons concerning terms
and conditions under which the club would continue to play home
games in such community or elsewhere within the club's home
territory;
``(3) the degree to which the ownership or management of
the club has contributed to any circumstances that might
demonstrate the need for the relocation or elimination;
``(4) the extent to which the club, directly or indirectly,
received public financial support by means of any publicly
financed playing facility, special tax treatment, or any other
form of public financial support;
``(5) the adequacy of the stadium in which the club played
its home games in the previous season, and the willingness of
the stadium, arena authority, or local government to remedy any
deficiencies in the facility;
``(6) whether the club has incurred net operating losses,
exclusive of depreciation and amortization, sufficient to
threaten the continued financial viability of the club;
``(7) whether any other club in the league is located in
the same home community;
``(8) whether the club proposes to relocate to a community
that is the home community of another member club of the
league;
``(9) whether the stadium authority, if public, is opposed
to the proposed relocation or elimination; and
``(10) whether there is a bona fide investor offering fair
market value for the club and seeking to retain the club in
such community.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendment made by this Act shall take effect on
the first day of the first month beginning more than 180 days after the
date of the enactment of this Act. | Give Fans a Chance Act of 2011 - Provides that the existing antitrust exemption for agreements covering the telecasting of sports contests and the combining of professional football leagues shall not apply to a professional sport league for any period during which any member club is: (1) subject to a league requirement, or to an agreement made by two or more member clubs, that forbids any club from transferring an ownership interest to any governmental entity or to members of the general public; or (2) not in compliance with the following provisions of this Act.
Requires a member club that proposes to relocate out of a community in the home territory of that club, or a league that proposes to relocate or eliminate a member club, to furnish notice to all interested parties not later than 180 days before the commencement of the season in which the club is to play home games in the proposed new location.
Authorizes a local government, stadium, arena authority, person, or any combination thereof, during such notice period, to present a proposal to purchase the club to retain it in the home community. Requires the club and the league, during such period, to give such entities the opportunity to present a proposal to induce the club to remain in its home community. Requires the club owner to reply in writing to any such proposal and to specify the reasons for refusal of any bona fide offer.
Requires the league, before the expiration of such notice period, to make a determination regarding the relocation or elimination of the club, after considering specified criteria, including: (1) the extent to which fan loyalty to and support for the club has been demonstrated; (2) the degree to which club ownership or management has contributed to any circumstances that might demonstrate the need for the relocation or elimination; (3) whether the stadium authority, if public, is opposed to the proposed relocation or elimination; and (4) whether there is a bona fide investor offering fair market value for the club and seeking to retain the club in that community.
Prohibits denying a club membership in a league on the basis that the club is owned by several persons or entities or by one or more local governments. | To amend the Act of September 30, 1961, to limit the antitrust exemption applicable to broadcasting agreements made by leagues of professional sports, and for other purposes. |
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; 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 adverse
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 ``2020''; 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 ``2020''.
(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 2016 through 2020 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 2016 through 2020.
(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 2016 through 2020. | Long Island Sound Restoration and Stewardship Act This bill reauthorizes 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 through FY2020. The bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to direct the Environmental Protection Agency's (EPA) Office of the Management Conference of the Long Island Sound Study to include in studies on strengthening the implementation of the Comprehensive Conservation and Management Plan for Long Island Sound: (1) environmental impacts on the Sound watershed; and (2) planning initiatives that identify areas most suitable for various activities in order to reduce conflicts among uses, reduce adverse environmental impacts, facilitate compatible uses, or preserve critical ecosystem services. The Office must: (1) develop and implement strategies to increase education and awareness about the ecological health and water quality of the Sound; and (2) monitor progress toward meeting the goals, actions, and schedules of the Plan. The limit on the federal share for certain grants for projects and studies to help implement the Plan is revised by increasing the limit for grants other than citizen involvement and education grants. A federal agency that owns or occupies real property, or carries out activities, within the Sound watershed must: (1) participate in regional and subwatershed planning, protection, and restoration activities; and (2) ensure that the property and activities are consistent with the Plan to the maximum extent practicable. | Long Island Sound Restoration and Stewardship Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers Equity
Act''.
SEC. 2. AMENDMENTS.
(a) Federal Employees Retirement System.--
(1) In general.--Paragraph (17) of section 8401 of title 5,
United States Code, is amended by striking ``and'' at the end
of subparagraph (C), and by adding at the end the following:
``(E) an employee (not otherwise covered by this
paragraph)--
``(i) the duties of whose position include
the investigation or apprehension of
individuals suspected or convicted of offenses
against the criminal laws of the United States;
and
``(ii) who is authorized to carry a
firearm; and
``(F) an employee of the Internal Revenue Service,
the duties of whose position are primarily the
collection of delinquent taxes and the securing of
delinquent returns;''.
(2) Conforming amendment.--Section 8401(17)(C) of title 5,
United States Code, is amended by striking ``subparagraph (A)
and (B)'' and inserting ``subparagraphs (A), (B), (E), and
(F)''.
(b) Civil Service Retirement System.--Paragraph (20) of section
8331 of title 5, United States Code, is amended by inserting after
``position.'' (in the matter before subparagraph (A)) the following:
``For the purpose of this paragraph, the employees described in the
preceding provision of this paragraph (in the matter before
`including') shall be considered to include an employee, not otherwise
covered by this paragraph, who satisfies clauses (i)-(ii) of section
8401(17)(E) and an employee of the Internal Revenue Service the duties
of whose position are as described in section 8401(17)(F).''.
(c) Effective Date.--Except as provided in section 3, the
amendments made by this section shall take effect on the date of the
enactment of this Act, and shall apply only in the case of any
individual first appointed as a law enforcement officer (within the
meaning of those amendments) on or after such date.
SEC. 3. TREATMENT OF SERVICE PERFORMED BY INCUMBENTS.
(a) Law Enforcement Officer and Service Described.--
(1) Law enforcement officer.--Any reference to a law
enforcement officer described in this subsection refers to an
individual who satisfies the requirements of section 8331(20)
or 8401(17) of title 5, United States Code (relating to the
definition of a law enforcement officer) by virtue of the
amendments made by section 2.
(2) Service.--Any reference to service described in this
subsection refers to service performed as a law enforcement
officer (as described in this subsection).
(b) Incumbent Defined.--For purposes of this section, the term
``incumbent'' means an individual who--
(1) is first appointed as a law enforcement officer (as
described in subsection (a)) before the date of the enactment
of this Act; and
(2) is serving as such a law enforcement officer on such
date.
(c) Treatment of Service Performed by Incumbents.--
(1) In general.--Service described in subsection (a) which
is performed by an incumbent on or after the date of the
enactment of this Act shall, for all purposes (other than those
to which paragraph (2) pertains), be treated as service
performed as a law enforcement officer (within the meaning of
section 8331(20) or 8401(17) of title 5, United States Code, as
appropriate).
(2) Retirement.--Service described in subsection (a) which
is performed by an incumbent before, on, or after the date of
the enactment of this Act shall, for purposes of subchapter III
of chapter 83 and chapter 84 of title 5, United States Code, be
treated as service performed as a law enforcement officer
(within the meaning of such section 8331(20) or 8401(17), as
appropriate), but only if an appropriate written election is
submitted to the Office of Personnel Management within 5 years
after the date of the enactment of this Act or before
separation from Government service, whichever is earlier.
(d) Individual Contributions for Prior Service.--
(1) In general.--An individual who makes an election under
subsection (c)(2) may, with respect to prior service performed
by such individual, contribute to the Civil Service Retirement
and Disability Fund the difference between the unrefunded
individual contributions made for such service and the
individual contributions that should have been made for such
service if the amendments made by section 2 had then been in
effect.
(2) Effect of not contributing.--If no part of or less than
the full amount required under paragraph (1) is paid, all prior
service of the incumbent shall remain fully creditable as law
enforcement officer service, but the resulting annuity shall be
reduced in a manner similar to that described in section
8334(d)(2) of title 5, United States Code, to the extent
necessary to make up the amount unpaid.
(3) Prior service defined.--For purposes of this section,
the term ``prior service'' means, with respect to any
individual who makes an election under subsection (c)(2),
service (described in subsection (a)) performed by such
individual before the date as of which appropriate retirement
deductions begin to be made in accordance with such election.
(e) Government Contributions for Prior Service.--
(1) In general.--If an incumbent makes an election under
subsection (c)(2), the agency in or under which that individual
was serving at the time of any prior service (referred to in
subsection (d)) shall remit to the Office of Personnel
Management, for deposit in the Treasury of the United States to
the credit of the Civil Service Retirement and Disability Fund,
the amount required under paragraph (2) with respect to such
service.
(2) Amount required.--The amount an agency is required to
remit is, with respect to any prior service, the total amount
of additional Government contributions to the Civil Service
Retirement and Disability Fund (above those actually paid) that
would have been required if the amendments made by section 2
had then been in effect.
(3) Contributions to be made ratably.--Government
contributions under this subsection on behalf of an incumbent
shall be made by the agency ratably (on at least an annual
basis) over the 10-year period beginning on the date referred
to in subsection (d)(3).
(f) Exemption From Mandatory Separation.--Nothing in section
8335(b) or 8425(b) of title 5, United States Code, shall cause the
involuntary separation of a law enforcement officer (as described in
subsection (a)) before the end of the 3-year period beginning on the
date of the enactment of this Act.
(g) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out this Act, including--
(1) provisions in accordance with which interest on any
amount under subsection (d) or (e) shall be computed, based on
section 8334(e) of title 5, United States Code; and
(2) provisions for the application of this section in the
case of--
(A) any individual who--
(i) satisfies paragraph (1) (but not
paragraph (2)) of subsection (b); and
(ii) serves as a law enforcement officer
(as described in subsection (a)) after the date
of the enactment of this Act; and
(B) any individual entitled to a survivor annuity
(based on the service of an incumbent, or of an
individual under subparagraph (A), who dies before
making an election under subsection (c)(2)), to the
extent of any rights that would then be available to
the decedent (if still living).
(h) Rule of Construction.--Nothing in this section shall be
considered to apply in the case of a reemployed annuitant. | Law Enforcement Officers Equity Act - Amends the definition of the term "law enforcement officer" under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS) to include: (1) federal employees not otherwise covered by such term whose duties include the investigation or apprehension of suspected or convicted individuals and who are authorized to carry a firearm, and (2) such employees of the Internal Revenue Service (IRS) whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns. Requires such service that is performed by an incumbent law enforcement officer: (1) on or after enactment of this Act to be treated for all purposes other than retirement as service performed as a law enforcement officer; and (2) before, on, or after enactment of this Act to be treated for federal retirement purposes as service performed as such an officer only if an appropriate written election is submitted to the Office of Personnel Management (OPM) within five years after enactment of this Act or before separation from government service, whichever is earlier. Provides that nothing under current law respecting mandatory separation from government service under CSRS or FERS shall cause the involuntary separation of an officer before the end of the three-year period following enactment. | Law Enforcement Officers Equity Act |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may cited as the ``Protecting and
Preserving Social Security Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--COST-OF-LIVING INCREASES
Sec. 101. Consumer Price Index for Elderly Consumers.
Sec. 102. Computation of cost-of-living increases.
TITLE II--CONTRIBUTION AND BENEFIT FAIRNESS
Sec. 201. Determination of wages and self-employment income above
contribution and benefit base after 2017.
Sec. 202. Inclusion of surplus earnings in Social Security benefit
formula.
TITLE I--COST-OF-LIVING INCREASES
SEC. 101. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS.
(a) In General.--The Bureau of Labor Statistics of the Department
of Labor shall prepare and publish an index for each calendar month to
be known as the ``Consumer Price Index for Elderly Consumers'' that
indicates changes over time in expenditures for consumption which are
typical for individuals in the United States who are 62 years of age or
older.
(b) Effective Date.--Subsection (a) shall apply with respect to
calendar months ending on or after July 31 of the calendar year
following the calendar year in which this Act is enacted.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the provisions of
this section.
SEC. 102. COMPUTATION OF COST-OF-LIVING INCREASES.
(a) In General.--Section 215(i)(1) of the Social Security Act (42
U.S.C. 415(i)(1)) is amended by adding at the end the following new
subparagraph:
``(H) the term `Consumer Price Index' means the
Consumer Price Index for Elderly Consumers (CPI-E, as
published by the Bureau of Labor Statistics of the
Department of Labor).''.
(b) Application to Pre-1979 Law.--
(1) In general.--Section 215(i)(1) of the Social Security
Act as in effect in December 1978, and as applied in certain
cases under the provisions of such Act as in effect after
December 1978, is amended by adding at the end the following
new subparagraph:
``(D) the term `Consumer Price Index' means the
Consumer Price Index for Elderly Consumers (CPI-E, as
published by the Bureau of Labor Statistics of the
Department of Labor).''.
(2) Conforming amendment.--Section 215(i)(4) of the Social
Security Act (42 U.S.C. 415(i)(4)) is amended by inserting
``and by section 102 of the Protecting and Preserving Social
Security Act'' after ``1986''.
(c) No Effect on Adjustments Under Other Laws.--Section 215(i) of
the Social Security Act (42 U.S.C. 415(i)) is amended by adding at the
end the following:
``(6) Any provision of law (other than in this title or
title XVI) which provides for adjustment of an amount based on
a change in benefit amounts resulting from a determination made
under this subsection shall be applied and administered without
regard to the amendments made by section 102 of the Protecting
and Preserving Social Security Act.''.
(d) No Effect on Eligibility for SSI and Medicaid.--Any increase to
an individual's monthly benefit amount under title II of the Social
Security Act as a result of the amendments made by this section shall
not be regarded as income or resources for any subsequent month, for
purposes of determining the eligibility of the recipient (or the
recipient's spouse or family) for benefits or assistance, or the amount
or extent of benefits or assistance, under the Supplemental Security
Income program or the Medicaid program.
(e) Effective Date.--The amendments made by this section shall
apply to determinations made with respect to cost-of-living computation
quarters (as defined in section 215(i)(1)(B) of the Social Security Act
(42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second
calendar year following the calendar year in which this Act is enacted.
TITLE II--CONTRIBUTION AND BENEFIT FAIRNESS
SEC. 201. DETERMINATION OF WAGES AND SELF-EMPLOYMENT INCOME ABOVE
CONTRIBUTION AND BENEFIT BASE AFTER 2017.
(a) Determination of Wages Above Contribution and Benefit Base
After 2017.--
(1) Amendments to the internal revenue code of 1986.--
Section 3121 of the Internal Revenue Code of 1986 is amended--
(A) in subsection (a)(1), by inserting ``the
applicable percentage (determined under subsection
(c)(1)) of'' before ``that part of the remuneration'';
and
(B) in subsection (c), by striking ``(c) Included
and Excluded Service.--For purposes of this chapter,
if'' and inserting the following:
``(c) Special Rules for Wages and Employment.--
``(1) Applicable percentage of remuneration in determining
wages.--For purposes of paragraph (1) of subsection (a), the
applicable percentage for a calendar year, in connection with
any calendar year referred to in such subparagraph, shall be
the percentage determined in accordance with the following
table:
The applicable
``In the case of: percentage is:
Calendar year 2018................................. 86%
Calendar year 2019................................. 71%
Calendar year 2020................................. 57%
Calendar year 2021................................. 43%
Calendar year 2022................................. 29%
Calendar year 2023................................. 14%
Calendar years after 2023.......................... 0%.
``(2) Included and excluded service.--For purposes of this
chapter, if''.
(2) Amendments to the social security act.--Section 209 of
the Social Security Act (42 U.S.C. 409) is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (I)--
(I) by inserting ``and before
2018'' after ``1974''; and
(II) by inserting ``and'' after the
semicolon; and
(ii) by adding at the end the following new
subparagraph:
``(J) The applicable percentage (determined under
subsection (l)) of that part of remuneration which,
after remuneration (other than remuneration referred to
in the succeeding subsections of this section) equal to
the contribution and benefit base (determined under
section 230) with respect to employment has been paid
to an individual during any calendar year after 2017
with respect to which such contribution and benefit
base is effective, is paid to such individual during
such calendar year;''; and
(B) by adding at the end the following new
subsection:
``(l) For purposes of subparagraph (J) of subsection (a)(1), the
applicable percentage for a calendar year, in connection with any
calendar year referred to in such subparagraph, shall be the percentage
determined in accordance with the following table:
The applicable
``In the case of: percentage is:
Calendar year 2018................................. 86%
Calendar year 2019................................. 71%
Calendar year 2020................................. 57%
Calendar year 2021................................. 43%
Calendar year 2022................................. 29%
Calendar year 2023................................. 14%
Calendar years after 2023.......................... 0%.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to remuneration paid in calendar years
after 2017.
(b) Determination of Self-Employment Income Above Contribution and
Benefit Base After 2017.--
(1) Amendments to the internal revenue code of 1986.--
Section 1402 of the Internal Revenue Code of 1986 is amended--
(A) in subsection (b)(1), by inserting ``an amount
equal to the applicable percentage (as determined under
subsection (d)(2)) of'' before ``that part of the net
earnings from self-employment''; and
(B) in subsection (d)--
(i) by striking ``(d) Employee and Wages.--
The term'' and inserting the following:
``(d) Rules and Definitions.--
``(1) Employee and wages.--The term''; and
(ii) by adding at the end the following:
``(2) Applicable percentage of net earnings from self-
employment in determining self-employment income.--For purposes
of paragraph (1) of subsection (b), the applicable percentage
for a taxable year beginning in any calendar year referred to
in such paragraph shall be the percentage determined in
accordance with the following table:
The applicable
``In the case of: percentage is:
Calendar year 2018................................. 86%
Calendar year 2019................................. 71%
Calendar year 2020................................. 57%
Calendar year 2021................................. 43%
Calendar year 2022................................. 29%
Calendar year 2023................................. 14%
Calendar years after 2023.......................... 0%.''.
(2) Amendments to the social security act.--Section 211 of
the Social Security Act (42 U.S.C. 411) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(I)--
(I) by striking ``or'' after the
semicolon; and
(II) by inserting ``and before
2018'' after ``1974'';
(ii) by redesignating paragraph (2) as
paragraph (3); and
(iii) by inserting after paragraph (1) the
following new paragraph:
``(2) For any taxable year beginning in any calendar year
after 2017, an amount equal to the applicable percentage (as
determined under subsection (l)) of that part of net earnings
from self-employment which is in excess of (A) an amount equal
to the contribution and benefit base (determined under section
230) that is effective for such calendar year, minus (B) the
amount of the wages paid to such individual during such taxable
year; or''; and
(B) by adding at the end the following:
``(l) For purposes of paragraph (2) of subsection (b), the
applicable percentage for a taxable year beginning in any calendar year
referred to in such paragraph, shall be the percentage determined in
accordance with the following table:
The applicable
``In the case of: percentage is:
Calendar year 2018................................. 86%
Calendar year 2019................................. 71%
Calendar year 2020................................. 57%
Calendar year 2021................................. 43%
Calendar year 2022................................. 29%
Calendar year 2023................................. 14%
Calendar years after 2023.......................... 0%.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to taxable years beginning during or
after calendar year 2018.
SEC. 202. INCLUSION OF SURPLUS EARNINGS IN SOCIAL SECURITY BENEFIT
FORMULA.
(a) Inclusion of Surplus Average Indexed Monthly Earnings in
Determination of Primary Insurance Amounts.--
(1) In general.--Section 215(a)(1)(A) of the Social
Security Act (42 U.S.C. 415(a)(1)(A)) is amended--
(A) in clauses (i), (ii), and (iii), by inserting
``basic'' before ``average indexed monthly earnings''
each place it appears;
(B) in clause (ii), by striking ``and'' at the end;
and
(C) by inserting after clause (iii) the following
new clauses:
``(iv) 3 percent of the individual's surplus average
indexed monthly earnings to the extent such surplus average
indexed monthly earnings do not exceed the excess of the amount
established for purposes of this clause by subparagraph (B)
over \1/12\ of the contribution and benefit base for the last
of such individual's computation base years, and
``(v) 0.25 percent of the sum of the individual's surplus
average indexed monthly earnings plus \1/12\ of the
contribution and benefit base for the last of such individual's
computation base years, to the extent such sum exceeds the
amount established for purposes of clause (iv) by subparagraph
(B).''.
(2) Bend point for surplus earnings.--Section 215(a)(1)(B)
of such Act (42 U.S.C. 415(a)(1)(B)) is amended--
(A) in clause (ii), by striking ``the amounts so
established'' and inserting ``the amounts established
for purposes of clauses (i) and (ii) of subparagraph
(A)'';
(B) by redesignating clause (iii) as clause (v);
(C) in clause (v) (as redesignated), by inserting
``or (iv)'' after ``clause (ii)''; and
(D) by inserting after clause (ii) the following
new clauses:
``(iii) For individuals who initially become eligible for old-age
or disability insurance benefits, or who die (before becoming eligible
for such benefits), in the calendar year 2018, the amount established
for purposes of clause (iv) of subparagraph (A) shall be $10,958.
``(iv) For individuals who initially become eligible for old-age or
disability insurance benefits, or who die (before becoming eligible for
such benefits), in any calendar year after 2018, the amount established
for purposes of clause (iv) of subparagraph (A) shall equal the product
of the amount established with respect to the calendar year 2018 under
clause (iii) of this subparagraph and the quotient obtained by
dividing--
``(I) the national average wage index (as defined in
section 209(k)(1)) for the second calendar year preceding the
calendar year for which the determination is made, by
``(II) the national average wage index (as so defined) for
2016.''.
(b) Basic AIME and Surplus AIME.--
(1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C.
415(b)(1)) is amended--
(A) by inserting ``basic'' before ``average''; and
(B) in subparagraph (A), by striking ``paragraph
(3)'' and inserting ``paragraph (3)(A)'' and by
inserting before the comma the following: ``to the
extent such total does not exceed the contribution and
benefit base for the applicable year''.
(2) Surplus aime.--
(A) In general.--Section 215(b)(1) of such Act (as
amended by paragraph (1)) is amended--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(ii) by inserting ``(A)'' after ``(b)(1)'';
and
(iii) by adding at the end the following
new subparagraph:
``(B)(i) An individual's surplus average indexed monthly earnings
shall be equal to the quotient obtained by dividing--
``(I) the total (after adjustment under paragraph (3)(B))
of such individual's surplus earnings (determined under clause
(ii)) for such individual's benefit computation years
(determined under paragraph (2)), by
``(II) the number of months in those years.
``(ii) For purposes of clause (i) and paragraph (3)(B), an
individual's surplus earnings for a benefit computation year are the
total of such individual's wages paid in and self-employment income
credited to such benefit computation year, to the extent such total
(before adjustment under paragraph (3)(B)) exceeds the contribution and
benefit base for such year.''.
(B) Conforming amendment.--The heading for section
215(b) of such Act is amended by striking ``Average
Indexed Monthly Earnings'' and inserting ``Basic
Average Indexed Monthly Earnings; Surplus Average
Indexed Monthly Earnings''.
(3) Adjustment of surplus earnings for purposes of
determining surplus aime.--Section 215(b)(3) of such Act (42
U.S.C. 415(b)(3)) is amended--
(A) in subparagraph (A), by striking ``subparagraph
(B)'' and inserting ``subparagraph (C)'' and by
inserting ``and determination of basic average indexed
monthly income'' after ``paragraph (2)'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) For purposes of determining under paragraph (1)(B) an
individual's surplus average indexed monthly earnings, the individual's
surplus earnings (described in paragraph (2)(B)(ii)) for a benefit
computation year shall be deemed to be equal to the product of--
``(i) the individual's surplus earnings for such year (as
determined without regard to this subparagraph), and
``(ii) the quotient described in subparagraph (A)(ii).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to individuals who initially become eligible (within
the meaning of section 215(a)(3)(B) of the Social Security Act) for
old-age or disability insurance benefits under title II of the Social
Security Act, or who die (before becoming eligible for such benefits),
in any calendar year after 2017. | Protecting and Preserving Social Security Act This bill revises the methodology for calculating Old Age, Survivors, and Disability Insurance (OASDI) benefits and phases out the cap on compensation subject to Social Security taxation. The bill directs the Bureau of Labor Statistics to prepare and publish a Consumer Price Index for Elderly Consumers (CPI-E) to track cost-of-living changes for individuals age 62 or older. Beginning in two years after the enactment of this bill, the CPI-E, instead of the Consumer Price Index for Urban Wage Earners and Clerical Workers, shall be used to calculate the cost-of-living adjustment for OASDI benefits. The bill also includes surplus earnings in the calculation of the primary insurance amount (i.e., the amount received by a beneficiary who elects to receive OASDI benefits at full retirement age). The bill phases out and, after 2023, eliminates the cap on compensation ($128,400 in 2018) subject to Social Security taxation. | Protecting and Preserving Social Security Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``13th Regional Corporation Land
Entitlement Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that authorizing a land entitlement
for the 13th Regional Corporation would provide an equitable land
entitlement for that Corporation.
(b) Purpose.--The purpose of this Act is to provide an equitable
distribution of land for the shareholders of the 13th Regional
Corporation.
SEC. 3. LAND ENTITLEMENT.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following new section:
``SEC. 43. THE 13TH REGIONAL CORPORATION LAND ENTITLEMENT.
``(a) Entitlement.--Not later than 7 years after the date of the
enactment of the 13th Regional Corporation Land Entitlement Act, the
13th Regional Corporation may select, subject to subsections (b) and
(c), not more than 1,453,388 acres from public lands which were
withdrawn by the Secretary for selection, or were otherwise available
for selection, but which were not selected by, or if selected not
conveyed to, the State of Alaska, another Regional Corporation, a
Village Corporation, or a Group Corporation. Any withdrawal eligible
for selection under this subsection which will expire prior to the end
of the seven-year selection period for the 13th Regional Corporation
shall be extended to the end of the selection period provided by this
subsection. Prior to making each selection, the 13th Regional
Corporation shall consult with and solicit the comments of the Regional
Corporation for the geographical region within which the selection is
located.
``(b) Approval.--No selection may be made within the geographical
region of any Regional Corporation under subsection (a) without the
prior written approval of such Regional Corporation. Approval may be
withheld or conditioned in the reasonable judgment of the Regional
Corporation, including without limitation because of interest by the
Regional Corporation in pursuing a land exchange involving the lands to
be selected, the potential for economic harm to the Regional
Corporation, its shareholders or Village Corporations or Group
Corporations within the geographical region, environmental
considerations, impacts on subsistence activities, the presence of
Native owned cabins or campsites on or near the lands to be selected,
the need for access to or across the lands to be selected for
transportation, pipelines or economic activities, or the availability
of sand and gravel or other minerals or substances valuable for
economic activity within the geographical region. Approval may not be
conditioned upon the payment of economic consideration by the 13th
Regional Corporation except to the extent of economic harm anticipated
in the reasonable judgment of the Regional Corporation to the Regional
Corporation, its shareholders or Village Corporations or Group
Corporations within the geographical region.
``(c) Conveyances; Limitations; Restrictions.--
``(1) Conveyances.--Subject to the limitations in
paragraphs (2) and (3), the Secretary shall convey to the 13th
Regional Corporation the surface and subsurface estate of no
more than 1,162,710 acres of the lands selected pursuant to
subsection (a).
``(2) Limitations on conveyances.--
``(A) Previously selected lands.--The 13th Regional
Corporation may select, but the Secretary shall not
convey, any of the following unless the State of Alaska
or any Regional Corporation, Village Corporation, or
Group Corporation which made or has the right to make a
selection has relinquished its selection or right to
make its selection:
``(i) Lands validly selected by, but not
yet conveyed to, the State of Alaska pursuant
to the Alaska Statehood Act or any other
provision of law.
``(ii) Lands validly selected by, but not
yet conveyed to, another Regional Corporation,
a Village Corporation, or a Group Corporation.
``(B) Conditions.--Any selections made by the 13th
Regional Corporation that are subject to such valid
selections shall be subordinate to those valid
selections. Selections are valid if they are on file
with the United States and have not been finally
adjudicated or all appeal rights from any final
adjudication have not lapsed or been exhausted, whether
or not such selections are in compliance with all
applicable standards, including without limitation time
restrictions. Valid selections also include selections
for land in excess of the amount of land to which the
selecting entity may be entitled.
``(C) Other limitations.--The 13th Regional
Corporation may not select, and the Secretary shall not
convey the following:
``(i) Any land without the approval of any
Native individual or Native owned or public
entity that owns a partial interest in that
land, which approval may be withheld with or
without reason or cause.
``(ii) Any land that the State of Alaska, a
Regional Corporation, a Village Corporation or
a Group Corporation could select or acquire
through the exercise of statutory or
contractual rights of selection or acquisition,
whether or not those rights have been exercised
or are subject to discretionary actions by
governmental entities, without the approval of
the State of Alaska, Regional Corporation,
Village Corporation or Group Corporation, which
approval may be withheld with or without reason
or cause.
``(iii) Any land within any area withdrawn
for selection pursuant to sections 11 or 14 of
this Act or otherwise withdrawn by the
Secretary for selection if a Village
Corporation or Regional Corporation has
unexercised selection rights or rights to
conveyance in that area without the approval of
the Village Corporation and Regional
Corporation, which approval may be withheld
with or without reason or cause.
``(3) Restrictions.--Selected lands which are eligible for
conveyance to the 13th Regional Corporation shall be conveyed
subject to valid existing rights, in the same manner and
subject to the same reservations and restrictions that are
applicable to lands selected by and conveyed to other Regional
Corporations pursuant to this Act. The lands conveyed to the
13th Regional Corporation shall, whenever practicable and
consistent with safety considerations, remain available for
subsistence uses. Additionally, until the lands conveyed to the
13th Regional Corporation are developed, as defined in section
907(d) of Public Law 96-487 (43 U.S.C. 1636(d)), they shall be
managed under policies consistent with the land management
policies applicable to any adjacent Native Corporation owned
lands.
``(d) Reserved Lands.--The 13th Regional Corporation may not
select, and the Secretary shall not convey, any of the following:
``(1) Lands within any conservation system unit as defined
in section 102 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.).
``(2) Acquired lands.
``(3) Lands immediately surrounding any building, permanent
structure, or other development owned or controlled by the
United States, another unit of government, or any person,
including without limitation Native owned cabins or campsites
on public lands with or without the permission of the public
land owner.
``(4) Lands withdrawn or reserved for national defense
purposes.
``(5) Lands within the National Petroleum Reserve, Alaska.
``(6) Lands within the Tongass and Chugach National
Forests.
``(e) Right of First Refusal.--The 13th Regional Corporation shall
not transfer all or any portion of lands or interests therein that it
acquires pursuant to this section to a third party without first making
a written offer to sell that same land or interest therein to the
Regional Corporation for the geographical region within which the land
or interest therein is located at the amount (or its cash equivalent)
offered by the third party who desires to acquire the land or interest
therein. The following terms shall govern such transfers and offers:
``(1) The offer shall be made to the Regional Corporation
not less than 30 days before any proposed transfer of such land
or interest therein and shall state the price and terms of the
proposed sale, and the name and address of both the offerer and
offeree.
``(2) Not later than 20 days after the receipt of the
offer, the Regional Corporation may exercise an option to
purchase all, but not less than all, of the land or interest
therein that is to be transferred on the terms in the offer or
their cash equivalent.
``(3) If the Regional Corporation does not purchase all of
the land or interest therein to be transferred within the
required time, then the 13th Regional Corporation may transfer
all of the land or interest therein offered (but not a lesser
or greater amount) to the third party specified in the offer,
but not for a price less or on terms different from those
originally made by the third party. Any land or interest
therein not transferred by the 13th Regional Corporation to the
specified third party not later than 60 days after making the
offer to the Regional Corporation shall again become subject to
the restrictions of this subsection as though it had never been
offered.
``(4) For purposes of this subsection, `transfer' means the
sale, transfer, or exchange of land or interests therein for
consideration, but does not include an exchange for other land
or an interest therein within the state of Alaska pursuant to
section 22(f) of this Act or section 1302(h) of the Alaska
National Interest Lands and Conservation Act, mineral or other
leasing on commercially reasonable terms, or the pledge,
encumbrance or grant of a security interest on commercially
reasonable terms.''.
SEC. 4. REVENUE SHARING.
Section 7(i)(1) of the Alaska Native Claims Settlement Act (43
U.S.C. 1606(i)) is amended to read as follows:
``(1)(A) Except as provided by subparagraph (B), 70 percent
of all revenues received by each of the 12 Regional
Corporations organized under subsection (a) from the timber and
subsurface estate patented to it pursuant to this Act, and 15
percent of all revenues received by the 13th Regional
Corporation organized under subsection (c) from the timber and
subsurface estate patented to it pursuant to the 13th Regional
Corporation Land Entitlement Act, shall be divided annually by
the Regional Corporation among the 12 Regional Corporations
organized pursuant to subsection (a) according to the number of
Natives enrolled in each region pursuant to section 5 of this
Act. An additional, 10 percent of such revenues received by the
13th Regional Corporation, shall be distributed to the Regional
Corporation for the geographical region where the resources
giving rise to such revenues are located. If the resources
developed are on lands originally withdrawn for selection by a
Village Corporation, then one-half of the 10 percent paid to
the local Regional Corporation shall be distributed by that
corporation to the Village Corporation. Revenues distributed by
or received from the 13th Regional Corporation are not subject
to the requirements of subsections (j), (k), (l), (m), and (n)
of this section.
``(B) The Regional Corporations, including the 13th
Regional Corporation shall determine the revenues required to
be distributed pursuant to this subsection in accordance with
the section 7(i) Settlement Agreement by and between the 12
Regional Corporations created pursuant to subsection (a), as
previously or hereafter amended, and shall be bound by the
provisions of that Agreement with respect to the revenues they
distribute. The 13th Regional Corporation shall be bound by any
amendment to the section 7(i) Settlement Agreement unless the
amendment is not of general applicability to the other Regional
Corporations. Nothing in this section shall be construed to
grant the 13th Regional Corporation any rights with respect to
any revenues distributed by the 12 Regional Corporations
pursuant to section 7(i), or to grant the 13th Regional
Corporation the right or power to approve any amendment to the
section 7(i) Settlement Agreement.''. | 13th Regional Corporation Land Entitlement Act - Amends the Alaska Native Claims Settlement Act to provide land selection rights to the 13th Regional Corporation.
Revises requirements for timber and subsurface estate revenue sharing among the Regional Corporations of Alaska. | To amend the Alaska Native Claims Settlement Act to provide an equitable distribution of land to the 13th Alaska Native Regional Corporation. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nevada Native
Nations Land Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--ELKO MOTOCROSS LAND CONVEYANCE
Sec. 101. Definitions.
Sec. 102. Conveyance of land to county.
TITLE II--CONVEYANCE OF LAND TO INDIAN TRIBES
Sec. 201. Conveyance of land to be held in trust for certain Indian
tribes.
Sec. 202. Administration.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Interior.
TITLE I--ELKO MOTOCROSS LAND CONVEYANCE
SEC. 101. DEFINITIONS.
In this title:
(1) City.--The term ``city'' means the city of Elko,
Nevada.
(2) County.--The term ``county'' means the county of Elko,
Nevada.
(3) Map.--The term ``map'' means the map entitled ``Elko
Motocross Park'' and dated January 9, 2010.
SEC. 102. CONVEYANCE OF LAND TO COUNTY.
(a) In General.--As soon as practicable after the date of enactment
of this Act, subject to valid existing rights and such terms and
conditions as the Secretary determines to be necessary and after
agreement from the county, the Secretary shall convey to the county,
without consideration, all right, title, and interest of the United
States in and to the land described in subsection (b).
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 275 acres of land managed by the Bureau of
Land Management, Elko District, Nevada, as generally depicted on the
map as ``Elko Motocross Park''.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the parcel to be conveyed under this section.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(d) Use of Conveyed Land.--The land conveyed under this section
shall be used only as a motocross, bicycle, off-highway vehicle, or
stock car racing area, or for any other public purpose consistent with
uses allowed under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.).
(e) Administrative Costs.--The Secretary shall require the county
to pay all survey costs and other administrative costs necessary for
the preparation and completion of any patents for, and transfers of
title to, the land described in subsection (b).
(f) Reversion.--If the land conveyed under this section ceases to
be used for a public purpose in accordance with subsection (d), the
land shall, at the discretion of the Secretary, revert to the United
States.
TITLE II--CONVEYANCE OF LAND TO INDIAN TRIBES
SEC. 201. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR CERTAIN INDIAN
TRIBES.
(a) Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko
Band).--
(1) Definition of map.--In this subsection, the term
``map'' means the map entitled ``Te-moak Tribal Land
Expansion'', dated September 30, 2008, and on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the
benefit of the Te-Moak Tribe of Western Shoshone
Indians of Nevada (Elko Band); and
(B) shall be part of the reservation of the Te-Moak
Tribe of Western Shoshone Indians of Nevada (Elko
Band).
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 373 acres of land administered by the
Bureau of Land Management as generally depicted on the map as
``Lands to be Held in Trust''.
(b) Conveyance of Land to Be Held in Trust for the Fort McDermitt
Paiute and Shoshone Tribe.--
(1) Definition of map.--In this subsection, the term
``map'' means the map entitled ``Fort McDermitt Indian
Reservation Expansion Act'', dated February 21, 2013, and on
file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the
benefit of the Fort McDermitt Paiute and Shoshone
Tribe; and
(B) shall be part of the reservation of the Fort
McDermitt Paiute and Shoshone Tribe.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 19,094 acres of land administered by
the Bureau of Land Management as generally depicted on the map
as ``Reservation Expansion Lands''.
(c) Conveyance of Land to Be Held in Trust for the Shoshone Paiute
Tribes.--
(1) Definition of map.--In this subsection, the term
``map'' means the map entitled ``Mountain City Administrative
Site Proposed Acquisition'', dated July 29, 2013, and on file
and available for public inspection in the appropriate offices
of the Forest Service.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the
benefit of the Shoshone Paiute Tribes of the Duck
Valley Indian Reservation; and
(B) shall be part of the reservation of the
Shoshone Paiute Tribes of the Duck Valley Indian
Reservation.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 82 acres of land administered by the
Forest Service as generally depicted on the map as ``Proposed
Acquisition Site''.
(d) Transfer of Land to Be Held in Trust for the Summit Lake Paiute
Tribe.--
(1) Definition of map.--In this section, the term ``map''
means the map entitled ``Summit Lake Indian Reservation
Conveyance'', dated February 28, 2013, and on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the
benefit of the Summit Lake Paiute Tribe; and
(B) shall be part of the reservation of the Summit
Lake Paiute Tribe.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 941 acres of land administered by the
Bureau of Land Management as generally depicted on the map as
``Reservation Conveyance Lands''.
(e) Transfer of Land to Be Held in Trust for the Reno-Sparks Indian
Colony Land.--
(1) Definition of map.--In this subsection, the term
``map'' means the map entitled ``Reno-Sparks Indian Colony
Expansion'', dated June 11, 2014, and on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the
benefit of the Reno-Sparks Indian Colony; and
(B) shall be part of the reservation of the Reno-
Sparks Indian Colony.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 13,434 acres of land administered by
the Bureau of Land Management as generally depicted on the map
as ``RSIC Amended Boundary''.
(f) Transfer of Land to Be Held in Trust for the Pyramid Lake
Paiute Tribe.--
(1) Map.--In this subsection, the term ``map'' means the
map entitled ``Pyramid Lake Indian Reservation Expansion'',
dated July 26, 2014, and on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (1)--
(A) is held in trust by the United States for the
benefit of the Pyramid Lake Paiute Tribe; and
(B) shall be part of the reservation of the Pyramid
Lake Paiute Tribe.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 11,719 acres of land administered by
the Bureau of Land Management as generally depicted on the map
as ``Reservation Expansion Lands''.
SEC. 202. ADMINISTRATION.
(a) Survey.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust for each
Indian tribe under section 201.
(b) Use of Trust Land.--
(1) Gaming.--Land taken into trust under section 201 shall
not be eligible, or considered to have been taken into trust,
for class II gaming or class III gaming (as those terms are
defined in section 4 of the Indian Gaming Regulatory Act (25
U.S.C. 2703)).
(2) Thinning; landscape restoration.--With respect to the
land taken into trust under section 201, the Secretary, in
consultation and coordination with the applicable Indian tribe,
may carry out any fuel reduction and other landscape
restoration activities, including restoration of sage grouse
habitat, on the land that is beneficial to the Indian tribe and
the Bureau of Land Management.
Passed the House of Representatives December 1, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Nevada Native Nations Land Act - Title I: Elko Motocross Land Conveyance - (Sec. 102) Directs the Department of the Interior to convey to Elko County, Nevada, without consideration, approximately 275 acres of land managed by the Bureau of Land Management (BLM), Elko District, Nevada, for use as a motocross, bicycle, off-highway vehicle, or stock car racing area or for other public purpose consistent with the Recreation and Public Purposes Act. Reverts the conveyed land to the United States if it ceases being used for a public purpose. Title II: Conveyance of Land To Indian Tribes - (Sec. 201) Declares that the United States holds approximately 373 acres of BLM administered land in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada. Makes such land part of the Tribe's reservation. Declares further that the United States holds approximately 19,094 acres of BLM-administered land in trust for the Fort McDermitt Paiute and Shoshone Tribe. Makes such land part of that Tribe's reservation. Declares that the United States also holds in trust the following lands: for the Shoshone Paiute Tribes, approximately 82 acres of land administered by the Forest Service depicted as the "Proposed Acquisition Site" on a Mountain City Administrative Site Proposed Acquisition map; for the Summit Lake Paiute Tribe, approximately 941 acres of BLM-administered land depicted as "Reservation Conveyance Lands" on a Summit Lake Indian Reservation Conveyance map; for the Reno-Sparks Indian Colony, approximately 13,434 acres of BLM-administered land depicted as "RSIC Amended Boundary" on a Reno-Sparks Indian Colony Expansion map; and for the Pyramid Lake Paiute Tribe, approximately 11,719 acres of BLM-administered land depicted as "Reservation Expansion Lands " on a Pyramid Lake Indian Reservation Expansion map. (Sec. 202) Prohibits certain gaming on the lands taken into trust under this Act. Authorizes the Secretary of the Interior, with respect to such lands, to carry out any fuel reduction and other landscape restoration activities on the land, including restoration of sage grouse habitat, beneficial to the Indian tribe and the BLM. | Nevada Native Nations Land Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Durable Medical Equipment
Access Act of 2007''.
SEC. 2. BENEFICIARY PROTECTIONS.
(a) Application of Quality Standards.--Section 1847(b)(2)(B) of the
Social Security Act (42 U.S.C. 1395w-3(b)(2)(B)) is amended to read as
follows:
``(B) Application of quality standards and receipt
of advice from oversight committee.--The Secretary may
not award any contracts under the competitive
acquisition program under this section unless--
``(i) the quality standards have been
implemented under section 1834(a)(20); and
``(ii) the Secretary has received advice
from the program oversight committee
established under subsection (c).''.
(b) Requiring Use of Exemptions.--Section 1847(a)(3) of such Act
(42 U.S.C. 1395w-3(a)(3)) is amended by striking ``may exempt'' and
inserting ``shall exempt''.
(c) Exemption of Smaller MSAs.--Section 1847(a)(3)(A) of such Act
(42 U.S.C. 1395w-3(a)(3)(A)) is amended by inserting ``(including any
metropolitan statistical area with a population of less than 500,000)''
after ``rural areas''.
(d) Application of Federal Advisory Committee Act (FACA) to Program
Advisory and Oversight Committee (PAOC).--Section 1847(c)(4) of such
Act (42 U.S.C. 1395w-3(c)(4)) is amended to read as follows:
``(4) Applicability of faca.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to the
Committee.''.
(e) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 3. SMALL SUPPLIER PROTECTIONS.
(a) Qualified Supplier Participation.--Section 1847(b) of the
Social Security Act (42 U.S.C. 1395w-3(b)) is amended--
(1) in paragraph (4)(A), by striking ``The Secretary may
limit'' and inserting ``Subject to paragraph (6)(D), the
Secretary may limit''; and
(2) in paragraph (6)(D), by adding at the end the
following: ``Such appropriate steps shall include permitting
all suppliers to continue to participate as suppliers at the
selected award price so long as they submit bids at less than
the fee schedule amount otherwise applicable to the items and
they otherwise comply with applicable program requirements.''.
(b) Restoration of Due Process.--Section 1847(b)(10) of such Act
(42 U.S.C. 1395w-3(b)(10)) is amended--
(1) by striking ``No administrative or judicial review''
and inserting ``Restoration of appeal rights''; and
(2) by striking ``There shall be no administrative or
judicial review under section 1869, section 1878, or otherwise
of'' and inserting ``Administrative and judicial review shall
only be available under section 1869 (and not otherwise) of''.
(c) Application of Requirement for Significant Savings.--Section
1847(a) of such Act (42 U.S.C. 1395w-3(a)) is amended--
(1) in paragraph (3)(B), by inserting ``of at least 10
percent'' after ``significant savings''; and
(2) in paragraph (1), by adding at the end the following
new subparagraph:
``(D) Requirement for significant savings.--The
Secretary shall not implement a program under this
section with respect to an item or service unless the
Secretary demonstrates a probability of achieving
significant savings of at least 10 percent, compared to
the fee schedule in effect on January 1, 2007, by
including the item or service in the program.''.
(d) Comparability Analysis.--Section 1834(a)(1) of such Act (42
U.S.C. 1395m(a)(1)) is amended--
(1) in subparagraph (F), by inserting ``subject to
subparagraph (G),'' after ``2009,''; and
(2) by adding at the end the following new subparagraphs:
``(G) Requirement for comparability analysis before
implementation.--The Secretary may not implement
subparagraph (F) with respect to the application of
rates in an area that is not a competitive acquisition
area under section 1847 unless the Secretary has
completed and published in the Federal Register a
comparability analysis to ensure the application is
appropriate. The comparability analysis shall include
at least an analysis of the relative costs of providing
the particular items and services in the respective
metropolitan statistical areas and an assessment of
whether application of the bid rate in an area that is
not a competitive acquisition area would adversely
impact beneficiary access to quality items and
services.
``(H) Application of comparability analysis
requirement to certain other part b items and
services.--Subparagraph (G) shall also apply to the
implementation of section 1847(a) with respect to items
described in paragraph (2)(B) or (2)(C) of such section
that are furnished on or after January 1, 2009.''.
(e) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 4. REPORT ON QUALITY AND ACCESS IMPACT OF IMPLEMENTATION AT 10
INITIAL COMPETITIVE ACQUISITION AREAS.
(a) Analysis and Report.--After the Secretary of Health and Human
Services has fully implemented the initial 10 competitive acquisition
areas under section 1847 of the Social Security Act, the Secretary
shall conduct a complete analysis of the impact of competitive bidding
in those areas, including its impact on beneficiary access to quality
products and its impact on providers of items and services covered
under competition and shall submit a report to Congress on such
analysis.
(b) Moratorium on Further Implementation Until Congressional
Action.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall not expand the coverage of competitive
acquisition programs under section 1847(a) of the Social
Security Act (42 U.S.C. 1395w-3(a)), or apply bid rates to non-
bid areas under such section, beyond the 10 competitive
acquisition areas identified under paragraph (1)(B)(i)(I) of
such section as of the date of the enactment of this Act,
unless specifically authorized by Congress after such date.
(2) Conforming reference.--Section 1847(a)(1)(B) of the
Social Security Act (42 U.S.C. 1395w-3(a)(1)(B)) is amended, in
the matter before clause (i), by striking ``The programs'' and
inserting ``Subject to section 4(b)(1) of the Medicare Durable
Medical Equipment Access Act of 2007, the programs''. | Medicare Durable Medical Equipment Access Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from awarding any contracts under the competitive durable medical equipment items and services acquisition program unless: (1) the quality standards have been implemented; and (2) the Secretary has received advice from the program oversight committee.
Requires the Secretary (who currently is authorized), in carrying out competitive acquisition programs, to exempt: (1) rural areas and areas with low population density within urban areas that are not competitive, unless there is a significant national market through mail order for a particular item or service; and (2) items and services for which the application of competitive acquisition is not likely to result in significant savings. Exempts smaller metropolitan statistical areas as well.
Modifies requirements for the protection of small suppliers in bidding and contracting. Requires the Secretary to permit all suppliers to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable and otherwise comply with program requirements.
Provides for appeal rights (currently denied).
Requires the Secretary to exempt from competitive acquisition requirements items and services for which the application of competitive acquisition is not likely to result in significant savings of at least 10%.
Prohibits the Secretary from implementing a program with respect to an item or service unless inclusion of the item or service will make significant savings of at least 10% probable, compared to the fee schedule in effect on January 1, 2007.
Prohibits the Secretary from implementing certain payment rate basis requirements for covered items furnished after January 1, 2009, with respect to an area that is not a competitive acquisition area, unless a comparability analysis has been completed and published.
Directs the Secretary, after fully implementing the initial 10 competitive acquisition areas, to analyze and report to Congress on the impact of competitive bidding in those areas.
Prohibits expanding the coverage of competitive acquisition programs, or applying bid rates to non-bid areas, beyond the 10 competitive acquisition areas, unless specifically authorized by Congress. | To amend part B of title XVIII of the Social Security Act to assure access to durable medical equipment under the Medicare Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Connect America Now Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The deployment and adoption of broadband services and
information technology has resulted in enhanced economic
development and public safety for communities across the
Nation, improved health care and educational opportunities, and
a better quality of life for all Americans.
(2) Continued progress in the deployment and adoption of
broadband services is vital to ensuring that our Nation remains
competitive and continues to create business and job growth.
(3) The Federal Government should also recognize and
encourage complementary State efforts to improve the quality
and usefulness of data about broadband service and its
deployment and should encourage and support the partnership of
the public and private sectors in the continued growth of
broadband services and information technology for the residents
and businesses of the Nation.
SEC. 3. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND.
(a) Purposes.--The purposes of any grant under subsection (b) are--
(1) to ensure that all citizens and businesses in a State
have access to affordable, reliable broadband service;
(2) to achieve improved technology literacy, increased
computer ownership, and home broadband use among such citizens
and businesses;
(3) to establish and empower local grassroots technology
teams in each State to plan for improved technology use across
multiple community sectors; and
(4) to establish and sustain an environment ripe for
broadband services and information technology investment.
(b) Establishment of State Broadband Data and Development Grant
Program.--
(1) In general.--The Secretary of Commerce shall award
grants, taking into account the results of the peer review
process under subsection (d), to entities for the development,
implementation and support of statewide initiatives to identify
and track the availability and adoption of broadband services
within each State.
(2) Competitive basis.--Any grant under this subsection
shall be awarded on a competitive basis.
(c) Eligibility.--To be eligible to receive a grant under
subsection (b), an eligible entity shall--
(1) submit an application to the Secretary of Commerce, at
such time, in such manner, and containing such information as
the Secretary may require; and
(2) contribute matching non-Federal funds in an amount
equal to not less than 20 percent of the total amount of the
grant.
(d) Peer Review.--
(1) In general.--The Secretary shall by regulation require
appropriate technical and scientific peer review of
applications made for grants under this section.
(2) Review procedures.--The regulations required under
paragraph (1) shall require that any technical and scientific
peer review group--
(A) be provided a written description of the grant
to be reviewed;
(B) provide the results of any review by such group
to the Secretary of Commerce; and
(C) certify that such group will enter into
voluntary nondisclosure agreements as necessary to
prevent the unauthorized disclosure of confidential and
propriety information provided by broadband service
providers in connection with projects funded by any
such grant.
(e) Use of Funds.--A grant awarded to an eligible entity under
subsection (b) shall be used to the maximum extent possible--
(1) to provide a baseline assessment of broadband service
deployment in each State;
(2) to identify and track--
(A) areas in each State that have low levels of
broadband service deployment;
(B) the rate at which residential and business
adopt broadband service and other related information
technology services; and
(C) possible suppliers of such services;
(3) to identify barriers to the adoption by individuals and
businesses of broadband service and related information
technology services, including whether or not--
(A) the demand for such services is absent; and
(B) the supply for such services is capable of
meeting the demand for such services;
(4) to create and facilitate, in each county or designated
region in a State, a local technology planning team--
(A) with members representing a cross section of
the community, including representatives of business,
telecommunications labor organizations, elementary and
secondary education, health care, libraries, higher
education, community-based organizations, local
government, tourism, parks and recreation, and
agriculture; and
(B) which shall--
(i) measure, against relevant benchmarks,
technology use across relevant community
sectors;
(ii) set goals for improved technology use
within each sector; and
(iii) develop a tactical business plan for
achieving its goals, with specific
recommendations for online application
development and demand creation;
(5) to work collaboratively with broadband service
providers and information technology companies to encourage
deployment and use, especially in unserved and underserved
areas, through the use of local demand aggregation, mapping
analysis, and the creation of market intelligence to improve
the business case for providers to deploy;
(6) to establish programs to improve computer ownership and
Internet access for unserved and underserved populations;
(7) to collect and analyze detailed market data concerning
the use and demand for broadband service and related
information technology services;
(8) to facilitate information exchange regarding the use
and demand for broadband services between public and private
sectors; and
(9) to create within each State a geographic inventory map
of broadband service, which shall--
(A) identify gaps in such service through a method
of geographic information system mapping of service
availability at the census block level; and
(B) provide a baseline assessment of statewide
broadband deployment in terms of households with high-
speed availability.
(f) Participation Limit.--For each State, an eligible entity may
not receive a new grant under this section to fund the activities
described in subsection (d) within such State if such organization
obtained prior grant awards under this section to fund the same
activities in that State in each of the previous 4 consecutive years.
(g) Report.--Each recipient of a grant under subsection (b) shall
submit a report on the use of the funds provided by the grant to the
Secretary of Commerce.
(h) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
nonprofit organization or public sector entity that is selected
by a State to work in partnership with State agencies and
private sector partners in identifying and tracking the
availability and adoption of broadband services within each
State.
(2) Nonprofit organization.--The term ``nonprofit
organization'' means an organization--
(A) described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section
501(a) of such Code;
(B) no part of the net earnings of which inures to
the benefit of any member, founder, contributor, or
individual;
(C) that has an established competency and proven
record of working with public and private sectors to
accomplish widescale deployment and adoption of
broadband services and information technology; and
(D) the board of directors of which is not composed
of a majority of individuals who are also employed by,
or otherwise associated with, any Federal, State, or
local government or any Federal, State, or local
agency.
(3) Broadband service.--The term ``broadband service''
means any service that connects to the public Internet and that
provides a data transmission-rate equivalent to at least 200
kilobits per second, or any successor transmission-rate
established by the Federal Communications Commission, in at
least 1 direction.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $40,000,000 for each of fiscal
years 2008 through 2012.
(j) No Regulatory Authority.--Nothing in this Act shall be
construed as giving any public or private entity established or
affected by this Act any additional regulatory jurisdiction or
oversight authority over providers of broadband services or information
technology. | Connect America Now Act - Provides for grants to develop, implement, and support statewide initiatives to identify and track the availability and adoption of broadband services within each state. | To promote the deployment and adoption of telecommunications services and information technologies, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prematurity Research Expansion and
Education for Mothers who deliver Infants Early Reauthorization Act''
or the ``PREEMIE Reauthorization Act''.
SEC. 2. PURPOSES.
It is the purpose of this Act to--
(1) help reduce preterm birth, associated disabilities of
preterm birth, and deaths of babies born preterm;
(2) expand research into the causes of preterm birth; and
(3) promote the development, availability, and use of
evidence-based practices of care for pregnant women at risk of
preterm labor or other serious pregnancy-related complications
and for infants born preterm.
SEC. 3. RESEARCH AND ACTIVITIES AT THE NATIONAL INSTITUTES OF HEALTH.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409K. EXPANSION AND COORDINATION OF RESEARCH RELATING TO PRETERM
LABOR AND DELIVERY AND INFANT MORTALITY.
``(a) In General.--The Secretary, acting through the Director of
NIH, shall, subject to the availability of appropriations, expand,
intensify, and coordinate the activities of the National Institutes of
Health with respect to research on the causes of preterm labor and
delivery, tools to detect, prevent, or reduce prevalence of preterm
labor and delivery, and the care and treatment of preterm infants.
``(b) Authorization of Clinical Research Networks.--There shall be
established within the National Institutes of Health a multi-center
clinical program (that shall be initially established utilizing
existing networks) designed to--
``(1) investigate problems in clinical obstetrics,
particularly those related to prevention of low birth weight,
prematurity, and medical problems of pregnancy;
``(2) improve the care and outcomes of neonates, especially
very-low-birth weight infants; and
``(3) enhance the understanding of DNA and proteins as they
relate to the underlying processes that lead to preterm birth
to aid in formulating more effective interventions to prevent
preterm birth.
``(c) Trans-Disciplinary Centers for Preterm Birth Research.--
``(1) In general.--The Director of NIH shall, subject to
appropriations made available to carry out this subsection,
award grants and contracts to public and nonprofit private
entities to pay all or part of the cost of planning,
establishing, improving, and providing basic operating support
for trans-disciplinary research centers for prematurity.
Research supported under this subsection shall integrate
clinical, public health, basic, and behavioral and social
science disciplines together with bioinformatics, engineering,
mathematical, and computer sciences to address the causes of
preterm labor and delivery collaboratively.
``(2) Eligibility.--To be eligible to receive a grant or
contract under paragraph (1), an entity shall submit to the
Director an application at such time, in such manner, and
containing such information as the Director may require,
including, if appropriate, an assurance that the entity will
coordinate with clinical research networks authorized in
subsection (b).
``(3) Report.--The Director of NIH shall include in the
report under section 402A(c) information on the activities of
the trans-disciplinary research centers for prematurity under
this subsection.
``(d) National Educational Campaign.--
``(1) Establishment.--The Secretary, acting through the
Surgeon General of the Public Health Service and in
consultation with the Director of the Eunice Kennedy Shriver
National Institute on Child Health and Human Development, shall
establish and implement a national science-based provider and
consumer education campaign on promoting healthy pregnancies
and preventing preterm birth.
``(2) Targeting.--The campaign established under paragraph
(1) shall target women of childbearing age, high risk
populations, ethnic and minority groups, individuals with a low
socioeconomic status, obstetricians and gynecologists, nurse
practitioners, certified nurse-midwives, certified midwives,
and other health care providers.''.
SEC. 4. RESEARCH AND ACTIVITIES AT THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
(a) Epidemiological Studies.--Section 3 of the Prematurity Research
Expansion and Education for Mothers who deliver Infants Early Act (42
U.S.C. 247b-4f) is amended by striking subsection (b) and inserting the
following:
``(b) Studies and Activities on Preterm Birth.--
``(1) In general.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Disease Control and Prevention, shall, subject to the
availability of appropriations--
``(A) conduct ongoing epidemiological studies on
the clinical, biological, social, environmental,
genetic, and behavioral factors relating to
prematurity;
``(B) conduct activities to improve national data
to facilitate tracking the burden of preterm birth;
``(C) develop, implement, and evaluate novel
methods for prevention to better understand the growing
problem of late preterm birth;
``(D) conduct etiologic and epidemiologic studies
of preterm birth;
``(E) expand research on racial and ethnic
disparities as they relate to preterm birth; and
``(F) conduct ongoing epidemiological studies on
the effectiveness of community based interventions.
``(2) Report.--Not later than 2 years after the date of
enactment of the PREEMIE Reauthorization Act, and every 2 years
thereafter, the Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and
Prevention, shall submit to the appropriate committees of
Congress reports concerning the progress and any results of
studies conducted under paragraph (1).''.
(b) Reauthorization.--Section 3(e) of the Prematurity Research
Expansion and Education for Mothers who deliver Infants Early Act (42
U.S.C. 247b-4f(e)) is amended by striking ``2011'' and inserting
``2016''.
SEC. 5. RESEARCH AND ACTIVITIES AT THE HEALTH RESOURCES AND SERVICES
ADMINISTRATION.
(a) Telemedicine Demonstration Project on High Risk Pregnancies.--
Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is
amended--
(1) by redesignating subsections (q) through (s) as
subsections (r) through (t), respectively;
(2) by inserting after subsection (p), the following:
``(q) Telemedicine Demonstration Project on High Risk
Pregnancies.--
``(1) In general.--The Director shall award grants under
this section to eligible entities to establish demonstration
projects for--
``(A) the provision of preconception, antepartum,
intrapartum, and obstetric services to high risk women
of child bearing age remotely by obstetricians and
gynecologists, nurse practitioners, certified nurse-
midwives, certified midwives, or other health care
providers using telehealth; and
``(B) for the conduct of educational activities
regarding risk factors for preterm birth.
``(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), an entity shall submit an application to the
Director at such time, in such manner, and containing such
information as the Director my require.''; and
(3) in subsection (t) (as so redesignated)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) for grants under subsection (q), $1,000,000 for each
of fiscal years 2012 through 2016.''.
(b) Public and Health Care Provider Education.--Section 399Q of the
Public Health Service Act (42 U.S.C. 280g-5) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking subparagraphs (A)
through (F) and inserting the following:
``(A) the core risk factors for preterm labor;
``(B) medically indicated deliveries before 39
weeks;
``(C) outcomes for infants born before 39 weeks;
``(D) risk factors for preterm delivery;
``(E) the importance of preconception and prenatal
care;
``(F) smoking cessation, hypertension, and weight
maintenance;
``(G) treatments and outcomes for babies born
premature;
``(H) the informational needs of families during
the stay of an infant in a neonatal intensive care
unit;
``(I) preventable birth injuries if evidence-based
strategies had been utilized;
``(J) depression; and
``(K) the use of progesterone;''; and
(B) by striking paragraph (2) and by redesignating
paragraphs (3) and (4) as paragraphs (2) and (3),
respectively;
(2) by redesignating subsection (c) as subsection (d) and
by inserting after subsection (b) the following new subsection:
``(c) Pilot Program.--
``(1) In general.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration and the heads of other appropriate agencies,
shall conduct (and report on) research studies and
demonstration projects that test maternity care models that are
designed to reduce the rate of preterm birth.
``(2) Grants.--The Secretary may carry out this subsection
through the awarding of grants to eligible entities.
``(3) Eligibility.--To be eligible to receive a grant under
this section an entity shall--
``(A) be--
``(i) a hospital or hospital systems that
utilizes evidence-based best practices; or
``(ii) a public or private nonprofit
entity; and
``(B) submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary may require.
``(4) Targeting.--In awarding grants under this subsection,
the Secretary shall give priority to projects in geographic
areas with a demonstrated persistent high rate of preterm birth
based on data from the National Center on Health Statistics.'';
and
(3) in subsection (d), as redesignated by paragraph (2), by
striking ``2011'' and inserting ``2016''.
SEC. 6. OTHER ACTIVITIES.
(a) Advisory Committee on Infant Mortality.--
(1) Establishment.--The Secretary shall establish an
advisory committee known as the ``Advisory Committee on Infant
Mortality'' (referred to in this section as the ``Advisory
Committee'').
(2) Duties.--The Advisory Committee shall provide advice
and recommendations to the Secretary concerning the following
activities:
(A) Programs of the Department of Health and Human
Services that are directed at reducing infant mortality
and improving the health status of pregnant women and
infants.
(B) Factors affecting the continuum of care with
respect to maternal and child health care, including
outcomes following childbirth and specifically preterm
birth.
(C) Strategies to coordinate the various Federal,
State, local, and private programs and efforts that are
designed to deal with the health and social problems
impacting infant mortality.
(D) Implementation of the Healthy Start program
under section 330H of the Public Health Service Act (42
U.S.C. 254c-8) and Healthy People 2020 infant mortality
objectives.
(E) Strategies to promote the collection of
improved linked maternal and infant perinatal data.
(F) Strategies to reduce preterm birth rates
through research, programs, and education.
(3) Plan for hhs preterm birth activities.--Not later than
1 year after the date of enactment of this section, the
Advisory Committee shall develop a plan for conducting and
supporting research education and programs on preterm birth
through the Department of Health and Human Services and shall
periodically review and revise the plan. The plan shall--
(A) provide for a broad range of research and
educational activities relating to biomedical,
epidemiological, psychosocial, translational, and
clinical activities, including studies on racial and
ethnic disparities in preterm birth rates;
(B) identify priorities among the programs and
activities of the Department of Health and Human
Services regarding preterm birth; and
(C) reflect input from a broad range of scientists,
patients, and advocacy groups.
(4) Membership.--The Secretary shall ensure that the
membership of the Advisory Committee includes the following:
(A) Representatives provided for in the original
charter of the Advisory Committee.
(B) A representative of the National Center for
Health Statistics.
(b) Patient Safety Study and Report.--
(1) In general.--The Secretary shall designate an
appropriate agency within the Department of Health and Human
Services to conduct a study on hospital readmissions of preterm
infants. Findings and recommendations resulting from such study
shall be based on data collected to address the following
questions and such other related questions which the Secretary
and such designated agency deem important:
(A) By State and by health care system, what is the
number and rate of inpatient readmission for infants
born preterm?
(B) What are the leading diagnoses at the time of
inpatient readmission for preterm infants?
(C) What is the average cost of treatment for
preterm infant readmissions by diagnosis, by health
care system, and by State?
(D) What percentage of readmissions are preventable
if evidence-based strategies had been utilized?
(E) What percentage of treatment cost is
attributable to preventable readmissions?
(F) What is the source of health insurance coverage
for preterm infants who are readmitted, such as through
publicly funded programs (including the Medicaid
program under title XIX of the Social Security Act and
the Children's Health Insurance Program under title XXI
of such Act), private health insurance, and self
payments of uninsured individuals?
(G) What evidence-based interventions are effective
in preventing readmission of preterm infants, including
measuring and reporting on quality of care and
outcomes?
(2) Report to secretary and congress.--Not later than 1
year after the date of the enactment of this Act, the agency
designated under paragraph (1) shall submit to the Secretary
and to Congress a report containing the findings and
recommendations resulting from the study conducted under such
subparagraph, including recommendations for hospital discharge
and follow-up procedures designed to reduce rates of
preventable hospital readmissions for preterm infants.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $1,000,000 for
fiscal year 2012. | Prematurity Research Expansion and Education for Mothers who deliver Infants Early Reauthorization Act or the PREEMIE Reauthorization Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the National Institutes of Health (NIH), to expand, intensify, and coordinate NIH activities with respect to research on the causes of preterm labor and delivery, tools to detect, prevent, or reduce prevalence of preterm labor and delivery, and the care and treatment of preterm infants.
Establishes within NIH a multicenter clinical program to investigate problems in clinical obstetrics, improve the care and outcomes of neonates, and enhance the understanding of DNA and proteins as they relate to the underlying processes that lead to preterm birth.
Requires the Director to award grants for planning, establishing, improving, and providing basic operating support for transdisciplinary research centers for prematurity.
Requires the Secretary, acting through the Surgeon General, to establish and implement a national science-based provider and consumer education campaign on promoting healthy pregnancies and preventing preterm birth.
Reauthorizes provisions related to research on prematurity and preterm births and sets forth specific areas for such research.
Requires the Director of the Office for the Advancement of Telehealth to award grants to establish demonstration projects for: (1) obstetrical services for high risk women of child bearing age remotely using telehealth; and (2) educational activities regarding risk factors for preterm birth.
Expands a demonstration project to inform health care providers and the public and improve treatment and outcome for babies born preterm.
Requires the Secretary to establish the Advisory Committee on Infant Mortality.
Requires a study on hospital readmissions of preterm births. | To reduce preterm labor and delivery and the risk of pregnancy-related deaths and complications due to pregnancy, and to reduce infant mortality caused by prematurity. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowners' Emergency Mortgage
Assistance Act''.
SEC. 2. MORTGAGE EMERGENCY ASSISTANCE PROGRAM.
(a) In General.--The Secretary shall establish a program to make
payments on a mortgage insured under the National Housing Act for a 1-
to 4-family residence when--
(1) the mortgagee has given the mortgagor notice in
accordance with section 3(b) that it intends to foreclose the
mortgage;
(2) at least 2 full monthly installments due on the
mortgage are unpaid after the application of any partial
payments that may have been accepted but not yet applied to the
mortgage account;
(3) the mortgagor is suffering financial hardship due to
circumstances beyond the control of the mortgagor which render
the mortgagor unable to correct the delinquency on the mortgage
and unable to make full mortgage payments before the expiration
of the 60-day period beginning on the date that notice was sent
to the mortgagor in accordance with section 3(b);
(4) there is a reasonable prospect that the mortgagor will
be able to resume full mortgage payments not later than 36
months after the beginning of the period for which assistance
payments are provided and to pay the mortgage in full by its
maturity date or by a later date agreed upon by the mortgagee;
(5) the property mortgaged is the mortgagor's principal
place of residence;
(6) the mortgagor does not own other property which is
subject to a mortgage insured or held by the Secretary;
(7) the mortgagor has applied to the Secretary for
assistance in accordance with section 4; and
(8) the mortgagor has not been more than 60 days in arrears
on a residential mortgage within the 2-year period preceding
the delinquency for which assistance is requested, unless the
mortgagor can demonstrate that the prior delinquency was the
result of financial hardship due to circumstances beyond the
control of the mortgagor.
(b) Effect of Finding of Ineligibility.--If, after reviewing an
application for assistance submitted in accordance with section 4, the
Secretary determines that the mortgagor has not met the conditions of
eligibility described in subsection (a), the mortgagor shall be
prohibited from reapplying for assistance under this Act until the
expiration of the 6-month period beginning on the date of such
determination unless there is a material change in the financial
circumstances of the mortgagor.
(c) Determination Relating to Financial Hardship.--In determining
whether a financial hardship (which may be caused by a reduction in
income or an increase in expenses, or both) is due to circumstances
beyond the control of a mortgagor, the Secretary may consider
information regarding the mortgagor's employment record, credit
history, and current income. Such circumstances shall include, but not
be limited to--
(1) loss of job of a member of the household;
(2) salary, wage or earnings reduction of a member of the
household;
(3) injury, disability or illness of a member of the
household;
(4) divorce or separation in the household; or
(5) death of a member of the household.
(d) Housing Counseling Agencies.--The Secretary shall designate and
approve nonprofit housing counseling agencies in each State to be
available to assist the Secretary in implementing the program
established pursuant to subsection (a) of this section and to section
4(b)(1)(A). Nonprofit housing agencies designated and approved under
this subsection shall provide assistance to an eligible mortgagor
during the entire period that such mortgagor receives assistance under
this Act.
SEC. 3. LEGAL ACTION.
(a) Conditions Under Which Legal Action Is Prohibited.--Except as
otherwise provided in the Act, a mortgagee of a mortgage which is
insured under the National Housing Act for a 1- to 4-family residence
may not accelerate the maturity of or commence any legal action
regarding such a mortgage (including, but not limited to, mortgage
foreclosure to recover under such obligation) or take possession of any
security of the mortgagor for such mortgage obligation unless the
mortgagee has sent to the mortgagor notice pursuant to subsection (b).
In addition, the mortgagee may not take such action--
(1) before the expiration of the 30-day period beginning on
the date that notice of the intent to take such action was sent
to the mortgagor in accordance with subsection (b);
(2) before the expiration of the 30-day period beginning on
the date of the initial meeting between the mortgagor and an
approved counseling agency held in accordance with section
4(a);
(3) if an application for such assistance under this Act
has been submitted to the Secretary on behalf of the mortgagor
and such application--
(A) is pending; or
(B) has been approved but payments have not yet
been made toward the mortgage; or
(4) if payment toward the mortgage is being made under this
Act.
(b) Requirements of Notice.--The Secretary shall issue regulations
that include, but are not limited to, a uniform notice under this
section. Such notice shall be in plain language and shall--
(1) inform the mortgagor in large bold type that he or she
may be eligible for temporary assistance in making mortgage
payments;
(2) include an explanation of the mortgage assistance
program under this Act;
(3) inform the mortgagor that to apply for mortgage
assistance, he or she shall attend a meeting in accordance with
section 4(a) within 30 days of the date of the notice;
(4) include the legal action intended and the basis
therefore;
(5) include a list of approved counseling agencies located
in the State in which the mortgagor resides;
(6) be sent via first class mail to the last known address
of the mortgagor; and
(7) be subject to such other requirements as prescribed by
the Secretary.
SEC. 4. APPLICATION FOR ASSISTANCE.
(a) Meeting.--
(1) In general.--To apply for assistance under this Act,
not later than 30 days after receiving notice in accordance
with section 3(b), a mortgagor shall attend a face to face
meeting with the mortgagee or an approved counseling agency to
attempt to prevent legal action for which the notice was sent
by restructuring the mortgage payment schedule. A meeting under
this paragraph may be conducted over the telephone under
circumstances prescribed by the Secretary.
(2) Notice.--If the mortgagor meets with the approved
counseling agency within the period specified in paragraph (1),
the approved counseling agency shall send notice of the meeting
which includes, but is not limited to, the date of the meeting,
to the mortgagee not later than 5 business days after the
meeting.
(b) Preparation; Submission.--
(1) In general.--If the mortgagor is not able to resolve
the default and prevent foreclosure before the expiration of
the 30-day period beginning on the date of the meeting, the
mortgagor may file an application for mortgage assistance under
this Act. At the request of the mortgagor, an approved
counseling agency shall--
(A) assist the mortgagor in preparing an
application for assistance under this Act; and
(B) not later than 30 days after the mortgagor
initially requests assistance in the preparation of the
application, submit the completed application to the
Secretary.
(2) Fees.--The Secretary may pay approved counseling
agencies a fee, in an amount determined by the Secretary, for
rendering assistance pursuant to this Act.
(c) Notice to Mortgagee.--If the approved counseling agency submits
an application for assistance to the Secretary on behalf of a
mortgagor, the approved counseling agency shall, not later than 5
business days after submitting the application, inform the mortgagee of
the date that the application was submitted.
(d) Form; Contents.--An application for assistance under this Act
shall be submitted on a form prescribed by the Secretary and shall
include a financial statement disclosing all assets and liabilities of
the mortgagor, whether singly or jointly held, and all household income
regardless of source.
(e) Effect of Misrepresentation.--A mortgagor who intentionally
misrepresents any financial information in connection with the filing
of an application for assistance under this Act may be denied
assistance and required to immediately repay any amount of assistance
received, and the mortgagee may, at any time thereafter, take any legal
action to enforce the mortgage without any further restrictions or
requirements under this Act.
(f) Availability.--An application for assistance under this Act may
be obtained from an approved counseling agency.
(g) Determination on Application.--
(1) Time period.--The Secretary shall determine eligibility
of a mortgagor for assistance under this Act not later than 60
days after receipt of the application of the mortgagor.
(2) Notification.--Not later than 5 business days after
making the determination on an application for assistance, the
Secretary shall notify the mortgagor and the mortgagee as to
whether the application has been approved or disapproved.
SEC. 5. ASSISTANCE PAYMENTS BY SECRETARY.
(a) Amount to Bring Mortgage Current.--If the Secretary determines
that a mortgagor is eligible for assistance under this Act, the
Secretary shall pay to the mortgagee from the Mutual Mortgage Insurance
Fund the full amount due to the mortgagee pursuant to the terms of the
mortgage without regard to any acceleration under the mortgage, or the
full amount of any alternative mortgage payments agreed to by the
mortgagee and mortgagor on the date that the application is approved by
the Secretary. This amount shall include the amount of principal,
interest, taxes, assessments, ground rents, hazard insurance, any
mortgage insurance or credit insurance premiums, and reasonable
attorneys' fees incurred by such mortgagee in relation to the
arrearage.
(b) Monthly Assistance Payments.--
(1) In general.--The Secretary shall make monthly mortgage
assistance payments to the mortgagee on behalf of the mortgagor
pursuant to this Act.
(2) Obligation of the mortgagor.--A mortgagor on whose
behalf the Secretary is making the mortgage assistance payments
shall pay monthly payments to the Secretary. Such payments
shall be in an amount which will cause the mortgagor's total
housing expense not to exceed 35 percent of the mortgagor's net
effective income. This shall be the maximum amount the
mortgagor can be required to pay during the 36 months a
mortgagor is eligible for mortgage assistance.
(3) Obligation of the secretary.--Upon receipt of this
payment from the mortgagor, the Secretary or the Secretary's
duly authorized agent shall send the total mortgage payment
directly to the mortgagee.
(c) Review Upon Delinquency.--If the mortgagor fails to pay to the
Secretary any amounts due directly from the mortgagor under this
section not later than 15 days after such due date, the Secretary or
its designated agent shall review the mortgagor's financial
circumstances to determine whether a delinquency in payments due from
the mortgagor under this section or section 6 is the result of a change
in the mortgagor's financial circumstances since the payment amount was
last determined. If the delinquency is not the result of a change in
the mortgagor's financial circumstances, the Secretary shall terminate
future mortgage assistance payments and the mortgagee may, at any time
thereafter, take any legal action to enforce its mortgage without any
further restriction or requirement. If the delinquency is the result of
such a change, the Secretary shall modify the mortgagor's required
payments to the Secretary as the Secretary shall determine.
(d) Period for Assistance.--Payments under this Act shall be
provided for a period not to exceed 36 months, either consecutively or
nonconsecutively. The Secretary shall establish procedures for periodic
review of the mortgagor's financial circumstances for the purpose of
determining the necessity for continuation, termination, or adjustment
of the amount of the payments.
SEC. 6. REPAYMENT OF ASSISTANCE.
(a) Assistance Loan.--The amount by which the assistance payments
made by the Secretary to the mortgagee exceeds the amount of payments
made by the mortgagor to the Secretary shall be a loan by the Secretary
to the mortgagor. The loan shall be evidenced by such documents as the
Secretary shall determine necessary to protect the interests of the
United States.
(b) Repayment of Assistance Loan.--Before making assistance
payments under this Act on behalf of a mortgagor, the Secretary shall
enter into an agreement with the mortgagor for repayment of all
mortgage assistance made by the Secretary under section 5, plus
interest as provided in subsection (c). The agreement shall provide for
monthly payments by the mortgagor to the Secretary which (1) shall
begin once the Secretary has determined that continuation of mortgage
assistance payments to the mortgagee is unnecessary, and (2) shall be
in an amount determined as follows:
(1) Housing expense less than 35 percent.--If the
mortgagor's total housing expense is less than 35 percent of
the mortgagor's net effective income, the mortgagor shall pay
to the Secretary the difference between 35 percent of the
mortgagor's net effective income and the mortgagor's total
housing expense unless otherwise determined by the Secretary
after examining the mortgagor's financial circumstances and
ability to contribute to repayment of the mortgage assistance.
(2) Housing expense greater than 35 percent.--If the
mortgagor's total housing expense is more than 35 percent of
the mortgagor's net effective income, repayment of the mortgage
assistance shall be deferred until the mortgagor's total
housing expense is less than 35 percent of the mortgagor's net
effective income.
(3) When mortgage paid in full.--Notwithstanding paragraphs
(1) and (2), if repayment of mortgage assistance is not made by
the date that the mortgage is paid in full, the mortgagor shall
make mortgage assistance repayments in an amount not less than
the previous regular mortgage payment until the mortgage
assistance is repaid.
(c) Interest.--Interest shall accrue on all mortgage assistance
made under this Act at the rate determined monthly by the Secretary of
the Treasury to be equal to the then current average yield on
outstanding 30-year bonds issued by the Secretary of the Treasury under
section 3102 of title 31, United States Code, and shall accrue only
during the period in which the mortgagor is required to make repayment
under this section.
(d) Lien to Secure Repayment of Assistance.--Repayment of amounts
owed to the Secretary from a mortgagor shall be secured by a mortgage
lien on the property and by such other obligation as the Secretary may
require. The lien or other security interest of the Secretary shall not
be deemed to take priority over any other secured lien or secured
interest in effect against the mortgagor's property on the date
assistance payments begin. The Secretary may allow subordination of the
mortgage assistance lien only if such subordination is necessary to
permit the mortgagor to obtain a home improvement loan for repairs
necessary to preserve the property.
(e) Time for Repayment.--Payments under this section shall be made
by the mortgagor to the Secretary not later than 14 days after each
mortgage payment is due under the mortgage (or in the case of repayment
after the mortgage has been paid in full, not later than the date the
mortgage payments were due under the mortgage).
SEC. 7. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Approved counseling agency.--The term ``approved
counseling agency'' means a nonprofit housing counseling agency
approved by the Secretary pursuant to section 2(e).
(2) Gross household income.--The term ``gross household
income'' means the total income of a mortgagor, the mortgagor's
spouse, children residing in the same residence as the
mortgagor, and any other person living in such residence that
is declared by the mortgagor as a dependent for Federal income
tax purposes.
(3) Household.--The term ``household'' means a mortgagor,
the mortgagor's spouse, children residing in the same residence
as the mortgagor, and any other person living in such residence
that is declared by the mortgagor as a dependent for Federal
income tax purposes.
(4) Housing expense.--The term ``housing expense'' means
the sum of the mortgagor's monthly maintenance, utility, and
hazard insurance expense, taxes, and required mortgage
payments, including escrows.
(5) Mortgagee; mortgagor.--The terms ``mortgagee'' and
``mortgagor'' have the meanings given such terms in section 201
of the National Housing Act (12 U.S.C. 1707).
(6) Net effective income.--The term ``net effective
income'' means the gross household income of the mortgagor,
less city, State, and Federal income and social security taxes.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development. | Homeowners' Emergency Mortgage Assistance Act - Directs the Secretary of Housing and Urban Development to establish a mortgage emergency assistance program for qualifying homeowners with National Housing Act-insured mortgages who are temporarily unable to meet their obligations due to financial hardship beyond their control.
Requires: (1) homeowner repayment of such assistance and interest; and (2) certain conditions to be met before legal action may be taken against a qualifying homeowner, including providing the homeowner with program notice. | To establish a program to assist homeowners experiencing unavoidable, temporary difficulty making payments on mortgages insured under the National Housing Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Debit Card Protection
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) There has been a recent trend toward issuing debit
cards which can be used like credit cards, largely as
replacements for debit cards which could be used only with a
personal identification number at automated teller machines and
a limited number of retail establishments.
(2) According to industry analysts, as many as 1,300,000
new debit cards which can be used like credit cards are issued
each month.
(3) If current trends continue, debit cards that can be
used like credit cards will soon rival the popularity of credit
cards and some banking experts predict that more than \2/3\ of
the households in the United States will have such a card by
the year 2000.
(4) Many times, debit cards that can be used like credit
cards have been issued without providing adequate disclosure
that--
(A) the card may be used to initiate an electronic
fund transfer without the use of a personal
identification number or similar code or means of
access; and
(B) even though the card may carry a logo
associated with credit cards, the card is not a credit
card and the consumer may bear a significantly larger
liability for an unauthorized transaction involving
such debit card than would be the case for a similar
unauthorized transaction involving a credit card.
(5) Thus, millions of Americans are--
(A) receiving cards in a form they didn't request;
and
(B) are carrying such cards around with them--
(i) without realizing that the cards have
an expanded capability without the protections
against unauthorized transfers which are
typical of cards issued to make cash
withdrawals from automated teller machines; and
(ii) without fully appreciating the risks
associated with such cards.
(6) Economic stimulation would be enhanced and competition
among the various financial institutions and other companies
which issue debit cards would be strengthened by the informed
use of debit cards by consumers.
SEC. 3. DEFINITIONS.
Section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a)
is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(12) ATM card.--The term `ATM card' means any card issued
by a financial institution for use in initiating electronic
fund transfers at automated teller machines and other
electronic terminals which requires a code or other unique form
of identification (other than a signature) in order to access
the account of the consumer; and
``(13) Check card.--The term `check card' means any card
issued by a financial institution for use in initiating
electronic fund transfers from the account of a consumer which
does not require the protection of a code or other means of
access that uniquely identifies the consumer (and for purposes
of this paragraph, a signature shall not be treated as a means
of access which uniquely identifies the consumer).''.
SEC. 4. CHECK CARD REQUIREMENT.
Section 911 of the Electronic Fund Transfer Act (15 U.S.C. 1693i)
is amended by adding at the end the following new subsection:
``(e) Check Card Requirement.--Any check card issued by any
financial institution to any consumer shall bear the legend `Check
Card' in a prominent typeface and in a conspicuous place on the face of
the check card.''.
SEC. 5. DUAL-USE DEBIT CARD.
(a) Consumer Liability.--
(1) In general.--Section 909 of the Electronic Fund
Transfer Act (15 U.S.C. 1693g) is amended--
(A) by redesignating subsections (b) through (e) as
subsections (d) through (g), respectively;
(B) in subsection (a)--
(i) by redesignating paragraphs (1) and (2)
as subparagraphs (A) and (B), respectively, and
indenting appropriately;
(ii) by inserting ``Cards Necessitating
Unique Identifier.--
``(1) In general.--'' after ``(a)'';
(iii) by striking ``other means of access
can be identified as the person authorized to
use it, such as by signature, photograph,'' and
inserting ``other means of access can be
identified as the person authorized to use it
by a unique identifier, such as a photograph,
retina scan,''; and
(iv) by striking ``Notwithstanding the
foregoing,'' and inserting the following:
``(2) Notification.--Notwithstanding paragraph (1),''; and
(C) by inserting before subsection (d), as so
designated by this section, the following new
subsections:
``(b) Cards Not Necessitating Unique Identifier.--A consumer shall
be liable for an unauthorized electronic fund transfer only if--
``(1) the liability is not in excess of $50;
``(2) the unauthorized electronic fund transfer is
initiated by the use of a card that has been properly issued to
a consumer other than the person making the unauthorized
transfer as a means of access to the account of that consumer
for the purpose of initiating an electronic fund transfer;
``(3) the unauthorized electronic fund transfer occurs
before the card issuer has been notified that an unauthorized
use of the card has occurred or may occur as the result of
loss, theft, or otherwise; and
``(4) such unauthorized electronic fund transfer did not
require the use of a code or other unique identifier (other
than a signature), such as a photograph, fingerprint, or retina
scan.
``(c) Notice of Liability and Responsibility To Report Loss of
Card, Code, or Other Means of Access.--No consumer shall be liable
under this title for any unauthorized electronic fund transfer unless
the consumer has received in a timely manner the notice required under
section 905(a)(1), and any subsequent notice required under section
905(b) with regard to any change in the information which is the
subject of the notice required under section 905(a)(1).''.
(2) Conforming amendment.--Section 905(a)(1) of the
Electronic Fund Transfer Act (15 U.S.C. 1693c(a)(1)) is amended
to read as follows:
``(1) the liability of the consumer for any unauthorized
electronic fund transfer and the requirement for promptly
reporting any loss, theft, or unauthorized use of a card, code,
or other means of access in order to limit the liability of the
consumer for any such unauthorized transfer;''.
(b) Validation Requirement for Dual-Use Debit Cards.--
(1) In general.--Section 911 of the Electronic Fund
Transfer Act (15 U.S.C. 1693i) is amended--
(A) by redesignating subsection (c) as subsection
(d); and
(B) by inserting after subsection (b) the following
new subsection:
``(c) Validation Requirement.--No person may issue a card described
in subsection (a), the use of which to initiate an electronic fund
transfer does not require the use of a code or other unique identifier
other than a signature (such as a fingerprint or retina scan), unless--
``(1) the requirements of paragraphs (1) through (4) of
subsection (b) are met; and
``(2) the issuer has provided to the consumer a clear and
conspicuous disclosure that use of the card may not require the
use of such code or other unique identifier.''.
(2) Technical and conforming amendment.--Section 911(d) of
the Electronic Fund Transfer Act (15 U.S.C. 1993i(d)) (as
redesignated by subsection (a)(1) of this section) is amended
by striking ``For the purpose of subsection (b)'' and inserting
``For purposes of subsections (b) and (c)''.
SEC. 6. MANAGEMENT PRACTICES RELATING TO THE ISSUANCE OF CHECK CARDS.
Section 911 of the Electronic Fund Transfer Act (15 U.S.C. 1693i)
is amended by inserting after subsection (e) (as added by section 4 of
this Act) the following new subsection:
``(f) Preference of Consumer.--
``(1) In general.--If--
``(A) in response to a request or application by a
consumer for an ATM card, a financial institution
issues a check card; and
``(B) the consumer refuses to accept a check card,
the issuer shall promptly issue such consumer an ATM card.
``(2) Definitions.--For purposes of paragraph (1), the
following definitions shall apply:
SEC. 7. TOLL-FREE TELEPHONE NUMBER FOR REPORTING LOST OR STOLEN CHECK
CARDS OR UNAUTHORIZED WITHDRAWALS.
(a) In General.--Section 906 of the Electronic Fund Transfer Act
(15 U.S.C. 1693d) is amended by adding at the end the following new
subsection:
``(g) 24-Hour, Toll-Free, Notification System.--A financial
institution which issues a check card to any consumer shall establish
and maintain a 24-hour notification system, including a toll-free
telephone number at which personnel are continuously accessible, which
permits the consumer to immediately report the loss or theft of the
check card or any unauthorized use or suspected unauthorized use of the
card.''.
(b) Technical and Conforming Amendment.--Section 906(c)(4) of the
Electronic Fund Transfer Act (15 U.S.C. 1693d(c)(4)) is amended by
inserting after the period at the end the following new sentence: ``In
the case of a periodic statement for an account from which withdrawals
may be initiated by a check card (as defined in subsection (g)(2)), the
notice required under this paragraph shall appear in a conspicuous and
prominent location on the periodic statement under a heading indicating
that the telephone number is a 24-hour, toll-free telephone number and
the notice shall inform the consumer of the importance of promptly
reporting any loss or theft of such card or any unauthorized use or
suspected unauthorized use of the card.''.
SEC. 8. PROHIBITION ON FEES FOR INSUFFICIENT FUNDS IN CASE OF CERTAIN
UNAUTHORIZED TRANSFERS.
Section 909 of the Electronic Fund Transfer Act (15 U.S.C. 1693g)
is amended by adding at the end the following new subsection:
``(h) Prohibition on Certain Fees.--
``(1) In general.--A consumer shall not be liable for any
fee imposed by a financial institution for insufficient funds
in the account of the consumer if the lack of sufficient funds
in such account is due to an unauthorized electronic fund
transfer (from such account) initiated by the use of a card
without the protection of a code or other means of access which
uniquely identifies the consumer.
``(2) Prompt recredit of prior fees.--Upon receiving notice
from a consumer of an alleged unauthorized transaction, a
financial institution shall promptly credit the account of a
consumer for any fee described in paragraph (1) which was
imposed before such notice was received.''.
SEC. 9. PROVISIONAL RECREDIT OF UNAUTHORIZED TRANSFERS AFTER 5 BUSINESS
DAYS.
Section 908(c) of the Electronic Fund Transfer Act (15 U.S.C.
1693f(c)) is amended by striking ``ten business days'' and inserting
``5 business days''.
SEC. 10. EFFECTIVE DATE.
The amendments made by this Act shall apply after the end of the 1-
year period beginning on the date of the enactment of this Act. | Consumer Debit Card Protection Act - Amends the Electronic Fund Transfer Act to mandate that any check card issued by a financial institution to a consumer shall bear the legend "Check Card" in prominent typeface and in a conspicuous place on the face of such card.
Prescribes guidelines governing consumer liability for unauthorized electronic fund transfers where the relevant cards do not necessitate a unique identifier.
Conditions such liability upon timely notification to the consumer of liability for such transfers and of the advisability of prompt reporting of any loss, theft, or unauthorized use of a card code or other means of access.
Permits distribution to consumers of electronic fund transfer cards without unique identifiers only if certain validation requirements are met.
Mandates that any financial institution which issues consumer check cards maintain a 24-hour notification system which includes a toll-free telephone number at which personnel are continuously accessible to accept reports of theft, loss, or unauthorized use.
Precludes consumer liability for fees for insufficient funds due to an unauthorized electronic fund transfer executed by the use of a card lacking a protective device to serve as a unique identifier of the rightful consumer. Requires prompt re-crediting of the consumer's account for any fee imposed before receipt of the consumer's notice of an unauthorized electronic fund transfer. | Consumer Debit Card Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``English Language Unity Act of
2005''.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) The United States is comprised of individuals from
diverse ethnic, cultural, and linguistic backgrounds, and
continues to benefit from this rich diversity.
(2) Throughout the history of the United States, the common
thread binding individuals of differing backgrounds has been
the English language.
(3) Among the powers reserved to the States respectively is
the power to establish the English language as the official
language of the respective States, and otherwise to promote the
English language within the respective States, subject to the
prohibitions enumerated in the Constitution of the United
States and in laws of the respective States.
SEC. 3. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES.
(a) In General.--Title 4, United States Code, is amended by adding
at the end the following new chapter:
``CHAPTER 6--OFFICIAL LANGUAGE
``Sec. 161. Official language of the United States
``The official language of the United States is English.
``Sec. 162. Preserving and enhancing the role of the official language
``Representatives of the Federal Government shall have an
affirmative obligation to preserve and enhance the role of English as
the official language of the Federal Government. Such obligation shall
include encouraging greater opportunities for individuals to learn the
English language.
``Sec. 163. Official functions of Government to be conducted in English
``(a) Official Functions.--The official functions of the Government
of the United States shall be conducted in English.
``(b) Scope.--For the purposes of this section, the term `United
States' means the several States and the District of Columbia, and the
term `official' refers to any function that (i) binds the Government,
(ii) is required by law, or (iii) is otherwise subject to scrutiny by
either the press or the public.
``(c) Practical Effect.--This section shall apply to all laws,
public proceedings, regulations, publications, orders, actions,
programs, and policies, but does not apply to--
``(1) teaching of languages;
``(2) requirements under the Individuals with Disabilities
Education Act;
``(3) actions, documents, or policies necessary for
national security, international relations, trade, tourism, or
commerce;
``(4) actions or documents that protect the public health
and safety;
``(5) actions or documents that facilitate the activities
of the Bureau of the Census in compiling any census of
population;
``(6) actions that protect the rights of victims of crimes
or criminal defendants; or
``(7) using terms of art or phrases from languages other
than English.
``Sec. 164. Uniform English language rule for naturalization
``(a) Uniform Language Testing Standard.--All citizens should be
able to read and understand generally the English language text of the
Declaration of Independence, the Constitution, and the laws of the
United States made in pursuance of the Constitution.
``(b) Ceremonies.--All naturalization ceremonies shall be conducted
in English.
``Sec. 165. Rules of construction
``Nothing in this chapter shall be construed--
``(1) to prohibit a Member of Congress or any officer or
agent of the Federal Government, while performing official
functions, from communicating unofficially through any medium
with another person in a language other than English (as long
as official functions are performed in English);
``(2) to limit the preservation or use of Native Alaskan or
Native American languages (as defined in the Native American
Languages Act);
``(3) to disparage any language or to discourage any person
from learning or using a language; or
``(4) to be inconsistent with the Constitution of the
United States.
``Sec. 166. Standing
``A person injured by a violation of this chapter may in a civil
action (including an action under chapter 151 of title 28) obtain
appropriate relief.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
title 4, United States Code, is amended by inserting after the item
relating to chapter 5 the following new item:
``Chapter 6. official language''.
SEC. 4. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE TEXTS OF THE
LAWS OF THE UNITED STATES.
(a) In General.--Chapter 1 of title 1, United States Code, is
amended by adding at the end the following new section:
``Sec. 8. General rules of construction for laws of the United States
``(a) English language requirements and workplace policies, whether
in the public or private sector, shall be presumptively consistent with
the Laws of the United States; and
``(b) Any ambiguity in the English language text of the Laws of the
United States shall be resolved, in accordance with the last two
articles of the Bill of Rights, not to deny or disparage rights
retained by the people, and to reserve powers to the States
respectively, or to the people.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of title 1, United States Code, is amended by inserting after
the item relating to section 7 the following new item:
``8. General Rules of Construction for Laws of the United States.''.
SEC. 5. IMPLEMENTING REGULATIONS.
The Secretary of Homeland Security shall, within 180 days after the
date of enactment of this Act, issue for public notice and comment a
proposed rule for uniform testing English language ability of
candidates for naturalization, based upon the principles that--
(1) all citizens should be able to read and understand
generally the English language text of the Declaration of
Independence, the Constitution, and the laws of the United
States which are made in pursuance thereof; and
(2) any exceptions to this standard should be limited to
extraordinary circumstances, such as asylum.
SEC. 6. EFFECTIVE DATE.
The amendments made by sections 3 and 4 shall take effect on the
date that is 180 days after the date of the enactment of this Act. | English Language Unity Act of 2005 - Declares English to be the official language of the United States. Establishes the affirmative obligation of the representatives of the Federal Government to preserve and enhance the role of the English language as the Government's official language. Requires the official functions of the Government to be conducted in English. Requires: (1) a uniform English language testing standard for U.S. naturalization; and (2) all naturalization ceremonies to be conducted in English. Sets forth exceptions to, and rules of construction for, such requirements.
Authorizes persons injured by violations of this Act to obtain appropriate relief in civil actions.
Declares, as a general rule of construction, that English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the laws of the United States. Requires the Secretary of Homeland Security to issue for public notice and comment a proposed rule for uniform testing of the English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the Laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum. | To declare English as the official language of the United States, to establish a uniform English language rule for naturalization, and to avoid misconstructions of the English language texts of the laws of the United States, pursuant to Congress' powers to provide for the general welfare of the United States and to establish a uniform rule of naturalization under article I, section 8, of the Constitution. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Child Abuse Act
Reauthorization Act of 2013''.
SEC. 2. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES.
(a) Reauthorization.--Section 214B of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13004) is amended--
(1) in subsection (a), by striking ``fiscal years 2004 and
2005'' and inserting ``fiscal years 2014, 2015, 2016, 2017, and
2018''; and
(2) in subsection (b), by striking ``fiscal years 2004 and
2005'' and inserting ``fiscal years 2014, 2015, 2016, 2017, and
2018''.
(b) Accountability.--Subtitle A of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13001 et seq.) is amended by adding at the end the
following:
``SEC. 214C. ACCOUNTABILITY.
``All grants awarded by the Administrator under this subtitle shall
be subject to the following accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term `unresolved
audit finding' means a finding in the final audit report of the
Inspector General of the Department of Justice that the audited
grantee has utilized grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not closed or
resolved within 12 months from the date when the final audit
report is issued and any appeal has been completed.
``(B) Audit.--The Inspector General of the Department of
Justice shall conduct audits of recipients of grants under this
subtitle to prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall determine the appropriate
number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant funds
under this subtitle that is found to have an unresolved audit
finding shall not be eligible to receive grant funds under this
subtitle during the following 2 fiscal years.
``(D) Priority.--In awarding grants under this subtitle,
the Administrator shall give priority to eligible entities that
did not have an unresolved audit finding during the 3 fiscal
years prior to submitting an application for a grant under this
subtitle.
``(E) Reimbursement.--If an entity is awarded grant funds
under this subtitle during the 2-fiscal-year period in which
the entity is barred from receiving grants under paragraph (2),
the Administrator shall--
``(i) deposit an amount equal to the grant funds that
were improperly awarded to the grantee into the General
Fund of the Treasury; and
``(ii) seek to recoup the costs of the repayment to the
fund from the grant recipient that was erroneously awarded
grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph, the term
`nonprofit organization' means an organization that is
described in section 501(c)(3) of the Internal Revenue Code of
1986 and is exempt from taxation under section 501(a) of such
Code.
``(B) Prohibition.--The Administrator may not award a grant
under any grant program described in this subtitle to a
nonprofit organization that holds money in offshore accounts
for the purpose of avoiding paying the tax described in section
511(a) of the Internal Revenue Code of 1986.
``(C) Disclosure.--Each nonprofit organization that is
awarded a grant under this subtitle and uses the procedures
prescribed in regulations to create a rebuttable presumption of
reasonableness for the compensation of its officers, directors,
trustees and key employees, shall disclose to the
Administrator, in the application for the grant, the process
for determining such compensation, including the independent
persons involved in reviewing and approving such compensation,
the comparability data used, and contemporaneous substantiation
of the deliberation and decision. Upon request, the
Administrator shall make the information disclosed under this
subparagraph available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this subtitle may be used by
the Administrator, or by any individual or organization awarded
discretionary funds through a cooperative agreement under this
Act, to host or support any expenditure for conferences that
uses more than $20,000 in Department funds, unless the Deputy
Attorney General or such Assistant Attorney Generals,
Directors, or principal deputies as the Deputy Attorney General
may designate, including the Administrator, provides prior
written authorization through an award process or subsequent
application that the funds may be expended to host a
conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of all costs
associated with the conference, including the cost of all food
and beverages, audiovisual equipment, honoraria for speakers,
and any entertainment.
``(C) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on all approved conference expenditures
referenced in this paragraph.''.
SEC. 3. CRIME VICTIMS FUND.
Section 1402(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(d)(3)) is amended--
(1) by inserting ``(A)'' before ``Of the sums''; and
(2) by striking ``available for the United States Attorneys
Offices'' and all that follows and inserting the following:
``available only for--
``(i) the United States Attorneys Offices and the
Federal Bureau of Investigation to provide and improve
services for the benefit of crime victims in the Federal
criminal justice system (as described in 3771 of title 18,
United States Code, and section 503 of the Victims' Rights
and Restitution Act of 1990 (42 U.S.C. 10607)) through
victim coordinators, victims' specialists, and advocates,
including for the administrative support of victim
coordinators and advocates providing such services; and
``(ii) a Victim Notification System.
``(B) Amounts made available under subparagraph (A) may not
be used for any purpose that is not specified in clause (i) or
(ii) of subparagraph (A).''.
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 June 26, 2014. Victims of Child Abuse Act Reauthorization Act of 2013 - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for FY2014-FY2018 for: (1) the children's advocacy program; (2) grants from the Administrator of the Office of Juvenile Justice and Delinquency Prevention to develop and implement multidisciplinary child abuse investigation and prosecution programs; and (3) grants to national organizations to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in state or federal courts, for the purpose of improving the quality of criminal prosecution of such cases. Directs the Inspector General of the Department of Justice (DOJ) to conduct audits of grant recipients to prevent waste, fraud, and abuse of funds by grantees. Defines an "unresolved audit finding" as a finding in the final audit report of the Inspector General that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost and that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. Directs the Administrator to give priority for grants to eligible entities that did not have an unresolved audit finding during the three fiscal years prior to submitting an application for a grant. Disqualifies a grant recipient that is found to have an unresolved audit finding from receiving grant funds during the following two fiscal years. Directs the Administrator, if an entity is awarded grant funds during the two-fiscal-year period in which the entity is barred from receiving grants, to: (1) deposit an amount equal to the funds that were improperly awarded into the General Fund of the Treasury, and (2) seek to recoup the costs of the repayment to the fund from such entity. Prohibits the Administrator from awarding a grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax on unrelated business income. Requires each nonprofit organization awarded a grant that uses prescribed procedures to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees to disclose to the Administrator in the grant application the process for determining such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Prohibits amounts authorized to be appropriated to DOJ from being used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement, to host or support any expenditure for conferences that uses more than $20,000 in DOJ funds, without prior written authorization by the Deputy Attorney General or other specified officials. Directs the Deputy Attorney General to submit an annual report to the Senate and House Judiciary Committees on all approved conference expenditures. Amends the Victims of Crime Act of 1984 to permit surplus amounts in the Crime Victims Fund to be used only for a Victim Notification System and for the U.S. Attorneys Offices and the Federal Bureau of Investigation (FBI) to provide and to improve services for the benefit of crime victims in the federal criminal justice system (current law) through victim coordinators, victims' specialists, and advocates, including for the administrative support of such coordinators and advocates. | Victims of Child Abuse Act Reauthorization Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Allocation for Music Producers Act''
or the ``AMP Act''.
SEC. 2. PAYMENT OF STATUTORY PERFORMANCE ROYALTIES.
(a) Letter of Direction.--Section 114(g) of title 17, United States
Code, is amended by adding at the end the following new paragraph:
``(5) Letter of direction.--A collective designated by the
Copyright Royalty Judges to distribute receipts from the
licensing of transmissions in accordance with subsection (f)
shall adopt and reasonably implement a policy that provides, in
circumstances determined by the collective to be appropriate,
for acceptance of instructions from a payee identified in
subparagraph (A) or (D) of paragraph (2) to distribute a
portion of the payments to which the payee otherwise would be
entitled from the licensing of transmissions of a particular
sound recording to a producer, mixer, or sound engineer who was
part of the creative process that created the sound recording
(in this section, referred to as a `letter of direction'). To
the extent that the collective accepts a letter of direction,
the person entitled to payment pursuant to such letter of
direction shall, during the time such letter of direction is in
effect and followed by the collective, be treated for all
purposes as the owner of the right to receive such payment.
This paragraph shall not be interpreted to imply that a
collective cannot accept or act upon payment instructions in
other circumstances.''.
(b) Additional Provisions for Recordings Fixed Before November 1,
1995.--Section 114(g) of title 17, United States Code, as amended by
subsection (a), is further amended by adding at the end the following
new paragraph:
``(6) Sound recordings fixed before november 1, 1995.--
``(A) Payment absent letter of direction.--A
collective designated by the Copyright Royalty Judges
to distribute receipts from the licensing of
transmissions in accordance with subsection (f) shall
adopt and reasonably implement a policy that provides,
in circumstances determined by the collective to be
appropriate, for deduction of 2 percent of the receipts
from the licensing of transmissions of a sound
recording fixed before November 1, 1995, from receipts
otherwise payable to the recording artist or artists
featured on such sound recording (or the persons
conveying rights in the artists' performance in the
sound recordings) pursuant to paragraph (2)(D) (which
leaves the recording artist or artists featured on such
sound recording (or the persons conveying rights in the
artists' performance in the sound recordings) 43
percent of the total receipts paid pursuant to
paragraph (2)) and distribution of such amount to one
or more persons described in subparagraph (B), after
deduction of costs as described in paragraph (3) or
(4), as applicable, if each of the following
requirements is met:
``(i) Certification of attempt to obtain a
letter of direction.--A person described in
subparagraph (B) certified to the collective,
under penalty of perjury, that--
``(I) for a period of at least 4
months, that person made reasonable
efforts to contact the artist payee for
such sound recording to request and
obtain a letter of direction
instructing the collective to pay a
portion of the royalties from the
featured recording artist or artists to
that person; and
``(II) during the period beginning
on the date that person began the
reasonable efforts described in
subclause (I) and ending on date of
that person's certification to the
collective, the artist payee did not
definitively affirm or deny the request
for a letter of direction.
``(ii) Collective attempt to contact
artist.--After receipt of the certification
described in clause (i) and for a period of at
least 4 months before the collective's first
distribution to the person described in
subparagraph (B), the collective attempted to
notify the artist payee of the certification
made by the person described in subparagraph
(B) in a manner reasonably determined by the
collective.
``(iii) No objection received.--An
objection to the distribution has not been
submitted to the collective by the artist payee
as of the date that is 10 business days before
the date on which the first distribution is
made.
``(B) Eligibility for payment.--A person shall be
eligible for payment under subparagraph (A) if such
person--
``(i) is a producer, mixer, or sound
engineer of the relevant sound recording;
``(ii) has entered into a written contract
with a record company involved in the creation
or lawful exploitation of the relevant sound
recording, or with the recording artist or
artists featured on such sound recording (or
the persons conveying rights in the artists'
performance in the sound recordings), pursuant
to which such person is entitled to participate
in royalty payments based on exploitation of
the relevant sound recording that are payable
from royalties otherwise payable to the
recording artist or artists featured on such
sound recording (or the persons conveying
rights in the artists' performance in the sound
recordings);
``(iii) made a contribution, of a nature
subject to copyright protection under section
102, to the creation of the relevant sound
recording; and
``(iv) submits a written certification to
the collective stating, under penalty of
perjury, that such person meets the
requirements in clauses (i) through (iii) and
includes a true copy of the contract described
in clause (ii).
``(C) Multiple certifications.--Subject to
subparagraph (D), in a case in which more than one
person described in subparagraph (B) has met the
requirements for a distribution pursuant to
subparagraph (A) with respect to a sound recording as
of the date that is 10 business days before the date on
which a distribution is made, the collective shall
divide the 2 percent distribution equally among all
such persons.
``(D) Objection to payment.--Not later than 10 days
after the collective receives from the artist payee a
written objection to a distribution made pursuant to
subparagraph (A), the collective shall cease making any
further payment related to such distribution. In any
case in which the collective has made one or more
distributions pursuant to subparagraph (A) to a person
described in subparagraph (B) before the date that is
10 business days after the date on which the collective
receives an objection by the artist payee to such
distribution, the objection shall not affect that
person's entitlement to any distribution made before
the collective ceases such distribution pursuant to
this subparagraph.
``(E) Ownership of the right to receive payments.--
To the extent that the collective determines that a
distribution will be made pursuant to subparagraph (A)
to a person described in subparagraph (B), such person
shall during the period of such distribution be treated
for all purposes as the owner of the right to receive
such payments.
``(F) Artist payee defined.--In this paragraph, the
term `artist payee' means a person, other than a person
described in subparagraph (B), who owns the right to
receive all or part of the receipts payable under
paragraph (2)(D) with respect to a sound recording. In
a case in which there are multiple artist payees with
respect to a sound recording, an objection by one such
payee shall apply only to that payee's share of the
receipts payable under paragraph (2)(D), and does not
preclude payment under subparagraph (A) from the share
of an artist payee that does not object.''.
(c) Technical and Conforming Amendments.--Section 114(g) of title
17, United States Code, as amended by subsections (a) and (b), is
further amended--
(1) in paragraph (2), by striking ``An agent designated''
and inserting ``Except as provided for in paragraph (6), a
collective designated by the Copyright Royalty Judges'';
(2) in paragraph (3)--
(A) by striking ``agent designated'' and inserting
``collective designated by the Copyright Royalty
Judges''; and
(B) by striking ``agent'' and inserting
``collective'', each place it appears; and
(3) in paragraph (4), by striking ``agent'' and inserting
``collective'', each place it appears. | Allocation for Music Producers Act or the AMP Act This bill amends federal copyright law to require a collective designated by the Copyright Royalty Judges to implement a policy providing for the acceptance of instructions (referred to as a "letter of direction") from a person who owns the exclusive right to publicly perform a sound recording by means of a digital audio transmission, or from a recording artist of a such a sound recording, to distribute a portion of royalty payments to a producer, mixer, or sound engineer who was part of the creative process behind the sound recording. The collective must adopt special procedures for a producer, mixer, or sound engineer to receive a portion of royalties for recordings fixed before November 1, 1995, by certifying that a reasonable effort has been made to obtain a letter of direction from an artist who owns the right to receipts payable with respect to the sound recording. | Allocation for Music Producers Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pine River Project Conveyance Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``Jurisdictional Map'' means the map entitled
``Transfer of Jurisdiction--Vallecito Reservoir, United States
Department of Agriculture, Forest Service and United States
Department of the Interior, Bureau of Reclamation and the
Bureau of Indian Affairs'' dated March, 1998.
(2) The term ``Pine River Project'' or the ``Project''
means Vallecito Dam and Reservoir owned by the United States
and authorized in 1937 under the provisions of the Department
of the Interior Appropriation Act of June 25, 1910, 36 Stat.
835; facilities appurtenant to the Dam and Reservoir, including
equipment, buildings, and other improvements; lands adjacent to
the Dam and Reservoir; easements and rights-of-way necessary
for access and all required connections with the Dam and
Reservoir, including those for necessary roads; and associated
personal property, including contract rights and any and all
ownership or property interest in water or water rights.
(3) The term ``Repayment Contract'' means Repayment
Contract #I1r-1204, between Reclamation and the Pine River
Irrigation District, dated April 15, 1940, and amended November
30, 1953, covering the Pine River Project and certain lands
acquired in support of the Vallecito Dam and Reservoir pursuant
to which the Pine River Irrigation District has assumed
operation and maintenance responsibilities for the dam,
reservoir, and water-based recreation in accordance with
existing law.
(4) The term ``Reclamation'' means the Department of the
Interior, Bureau of Reclamation.
(5) The term ``Secretary'' means the Secretary of the
Interior.
(6) The term ``Southern Ute Indian Tribe'' or ``Tribe''
means a federally recognized Indian tribe, located on the
Southern Ute Indian Reservation, La Plata County, Colorado.
(7) The term ``Pine River Irrigation District'' or
``District'' means a political division of the State of
Colorado duly organized, existing, and acting pursuant to the
laws thereof with its principal place of business in the City
of Bayfield, La Plata County, Colorado and having an undivided
\5/6\ right and interest in the use of the water made available
by Vallecito Reservoir for the purpose of supplying the lands
of the District, pursuant to the Repayment Contract, and the
decree in Case No. 1848-B, District Court, Water Division 7,
State of Colorado, as well as an undivided \5/6\ right and
interest in the Pine River Project.
SEC. 3. TRANSFER OF THE PINE RIVER PROJECT.
(a) Conveyance.--The Secretary is authorized to convey, without
consideration or compensation, except as provided in this section, to
the District, by quitclaim deed or patent, pursuant to section 6, the
United States' undivided \5/6\ right and interest in the Pine River
Project under the jurisdiction of Reclamation for the benefit of the
Pine River Irrigation District. The quitclaim deed or patent shall
expressly provide that the undivided \5/6\ right and interest
transferred cannot be subject to partition from the undivided \1/6\
right and interest retained under the jurisdiction of the Bureau of
Indian Affairs.
(b) Price.--The sale price for the undivided \5/6\ right and
interest to the Project to be transferred to the Pine River Irrigation
District shall be Four Hundred Ninety-two Thousand and 00/100 Dollars
($492,000) (the ``Sale Price''). Concurrently with the conveyance, the
Sale Price shall be deposited as miscellaneous receipts into the
Reclamation Fund of the United States. Payment of the Sale Price shall
extinguish all obligations between the District and the Bureau of
Indian Affairs on the one hand and Reclamation on the other hand, under
the Repayment Contract or with respect to the Pine River Project.
Upon completion of the title transfer, said Repayment Contract shall
become null and void.
(c) Transaction Costs.--Pursuant to the April 1, 1998, Memorandum
of Understanding between Reclamation and the District, the District is
responsible for paying all costs associated with the title transfer.
The Secretary shall credit 50 percent of all costs incurred to fulfill
the requirements of the National Environmental Policy Act and other
Federal laws toward the Sale Price due under section 3(b) herein, such
credit not to exceed the Sale Price.
(d) Bureau of Indian Affairs Interest.--At the option of the Tribe,
the Secretary is authorized to convey to the Tribe the Bureau of Indian
Affairs' undivided \1/6\ right and interest in the Pine River Project
and the water supply made available by Vallecito Reservoir pursuant to
the Memorandum of Understanding between the Bureau of Reclamation and
the Office of Indian Affairs dated January 3, 1940, together with its
Amendment dated July 9, 1964 (``MOU''), the Repayment Contract and
decrees in Case Nos. 1848-B and W-1603-76D, District Court, Water
Division 7, State of Colorado. In the event of such conveyance, no
additional consideration or compensation shall be required to be paid
to the United States.
(e) Federal Dam Use Charge.--Conveyance of Reclamation's \5/6\
interest in the facilities under this Act shall result in a \5/6\
reduction in the Federal dam use charge assessed under section 10(e) of
the Federal Power Act for use of the hydropower potential of the
facilities.
SEC. 4. JURISDICTIONAL TRANSFER OF LANDS.
(a) Inundated Lands.--To provide for the consolidation of lands
associated with the Pine River Project to be retained by the Forest
Service and the consolidation of lands to be transferred to the
District, the administrative jurisdiction of lands inundated by and
along the shoreline of Vallecito Reservoir, as shown on the
Jurisdictional Map, shall be transferred, as set forth below (the
``Jurisdictional Transfer''), concurrently with the conveyance
described in section 3(a). Except as otherwise shown on the
Jurisdictional Map--
(1) for withdrawn lands (approximately 260 acres) lying
below the 7,765-foot reservoir water surface elevation level,
the Forest Service shall transfer an undivided \5/6\ interest
to Reclamation and an undivided \1/6\ interest to the Bureau of
Indian Affairs in trust for the Tribe; and
(2) for Project acquired lands (approximately 230 acres)
above the 7,765-foot reservoir water surface elevation level,
Reclamation and the Bureau of Indian Affairs shall transfer
their interests to the Forest Service.
(b) Map.--The Jurisdictional Map and legal descriptions of the
lands transferred pursuant to subsection (a) above shall be on file and
available for public inspection in the offices of the Chief of the
Forest Service, Department of Agriculture, the Commissioner of
Reclamation, Department of the Interior, appropriate field offices of
those agencies, and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate.
(c) Administration.--Following the Jurisdictional Transfer:
(1) All lands that, by reason of the Jurisdictional
Transfer, become National Forest System lands within the
boundaries of the San Juan National Forest, shall be
administered in accordance with the laws, rules, and
regulations applicable to the National Forest System.
(2) Reclamation withdrawals of land from the San Juan
National Forest established by Secretarial Orders on November
9, 1936, October 14, 1937, and June 20, 1945, together
designated as Serial No. C-28259, shall be revoked.
(3) The Forest Service shall issue perpetual easements to
the District and the Bureau of Indian Affairs, at no cost to
the District or the Bureau of Indian Affairs, providing
adequate access across all lands subject to Forest Service
jurisdiction to insure the District and the Bureau of Indian
Affairs the ability to continue to operate and maintain the
Pine River Project.
(4) The undivided \5/6\ interest in National Forest System
lands that, by reason of the Jurisdictional Transfer is to be
administered by Reclamation, shall be conveyed to the District
pursuant to section 3(a).
(5) The District and the Bureau of Indian Affairs shall
issue perpetual easements to the Forest Service, at no cost to
the Forest Service, from National Forest System lands to
Vallecito Reservoir to assure continued public access to
Vallecito Reservoir when the Reservoir level drops below the
7,765-foot water surface elevation.
(6) The District and the Bureau of Indian Affairs shall
issue a perpetual easement to the Forest Service, at no cost to
the Forest Service, for the reconstruction, maintenance, and
operation of a road from La Plata County Road No. 501 to
National Forest System lands east of the Reservoir.
(d) Valid Existing Rights.--Nothing in this section shall affect
any valid existing rights or interests in any existing land use
authorization, except that any such land use authorization shall be
administered by the agency having jurisdiction over the land after the
Jurisdictional Transfer in accordance with subsection (c) and other
applicable law. Renewal or reissuance of any such authorization shall
be in accordance with applicable law and the regulations of the agency
having jurisdiction, except that the change of administrative
jurisdiction shall not in itself constitute a ground to deny the
renewal or reissuance of any such authorization.
SEC. 5. LIABILITY.
Effective on the date of the conveyance of an undivided \5/6\ right
and interest in the Pine River Project to the District, 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 such
undivided \5/6\ right and interest, except for damages caused by acts
of negligence committed by the United States or by its employees,
agents, or contractors prior to the date of conveyance. Nothing in this
section shall be deemed to increase the liability of the United States
beyond that currently provided in the Federal Tort Claims Act (28
U.S.C. 2671 et seq.)
SEC. 6. COMPLETION OF CONVEYANCE.
(a) In General.--The Secretary's completion of the conveyances
under section 3 shall occur promptly after the following events:
(1) Compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), and other applicable Federal
and State laws.
(2) A written statement from the Southern Ute Indian Tribe
indicating the Tribe's satisfaction that the Tribe's Indian
Trust Assets are protected in the conveyance described in
section 3.
(3) The issuance by the Federal Energy Regulatory
Commission of an amendment to license #3174-001 which revises
annual charges and otherwise reflects the conveyance described
in section 3.
(4) The submission of a statement by the Secretary to the
District, the Bureau of Indian Affairs, and the State of
Colorado on the existing condition of Vallecito Dam based on
Bureau of Reclamation's current knowledge and understanding.
(5) The development of an agreement between the Bureau of
Indian Affairs and the District to prescribe the District's
obligation to so operate the Project that the \1/6\ rights and
interests to the Project and water supply made available by
Vallecito Reservoir held by the Bureau of Indian Affairs are
protected.
(6) The submission of a plan by the District to manage the
Project in a manner substantially similar to the manner in
which it was managed prior to the transfer and in accordance
with applicable Federal and State laws, including management
for the preservation of public access and recreational values
and for the prevention of growth on certain lands to be
conveyed hereunder, as set forth in an Agreement dated March
20, 1998, between the District and residents of Vallecito
Reservoir. Any future change in the use of the water supplied
by Vallecito Reservoir shall comply with applicable law.
(7) The development of a flood control plan by the
Secretary of the Army acting through the Corps of Engineers
which shall direct the District in the operation of Vallecito
Dam for such purposes.
(b) Report.--If the transfer authorized in section 3 is not
substantially completed, the Secretary, in coordination with the
District, shall provide a report to the Committee on Resources of the
House of Representatives and to the Committee on Energy and Natural
Resources of the Senate within 18 months from the date of enactment of
this Act on the status of the transfer described in section 3(a), any
obstacles to completion of such transfer, and the anticipated date for
such transfer.
(c) Future Benefits.--Effective upon transfer, the District shall
not be entitled to receive any further Reclamation benefits pursuant to
the Reclamation Act of June 17, 1902, and Acts supplementary thereto or
amendatory thereof. | Pine River Project Conveyance Act - Authorizes the Secretary of the Interior to convey to the Pine River Irrigation District, Colorado, a specified interest of the Pine River Project (a water facilities project which includes the Vallecito Dam and Reservoir in Colorado, along with related easements and appurtenances). Authorizes the Secretary to convey a remaining fractional interest in such Project to the Southern Ute Indian Tribe of Colorado, pursuant to a specified memorandum of understanding.
Provides for: (1) the transfer of certain inundated lands along the Dam and Reservoir; and (2) appropriate administrative jurisdiction over such lands after such transfer.
Requires the conveyance under this Act to occur promptly after the completion of specified events, including compliance with applicable environmental laws, issuance of a statement by the Ute Tribe that their trust assets have been protected, and development of a flood control plan by the Secretary of the Army which shall direct the District in the operation of the Vallecito Dam for such purpose. Directs the Secretary, if the transfer is not substantially completed, to report to specified congressional committees within 18 months after the enactment of this Act on the transfer's status, obstacles, and anticipated completion date. | Pine River Project Conveyance Act |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Computer Equipment and Technology
Export Control Reform Act''.
SEC. 2. ANNUAL REVIEW OF CONTROLS ON COMPUTERS.
Section 4 of the Export Administration Act of 1979 (50 U.S.C. App.
2403) is amended by adding at the end the following new subsection:
``(h) Review of Export Controls on Computer Equipment and
Technology.--
``(1) In general.--In order to ensure that requirements of
validated licenses and other licenses authorizing multiple
exports are periodically removed as computer equipment,
computer communications and networking equipment, computer
software, and related technology, that are subject to such
requirements become obsolete with respect to the specific
objectives of the export controls requiring such licenses, the
Secretary shall conduct periodic reviews of such controls. The
Secretary shall complete such a review not later than 6 months
after the date of the enactment of this subsection, and not
later than the end of each 1-year period thereafter.
``(2) Review elements.--In conducting each review under
paragraph (1), the Secretary shall do the following with
respect to the export controls requiring a license described in
paragraph (1):
``(A) Objectives of control.--The Secretary shall
identify the specific objectives of the export
controls, for the 12-month period beginning on the date
on which the review is completed, for each country for
which a validated license is required. When an
objective of an export control is to defer the
development of a specific capability in such country,
the Secretary shall specify for what period of time the
controls are expected to defer such capability.
``(B) Quantity and performance.--The Secretary
shall estimate, for the 12-month period described in
subparagraph (A), the quantity and performance
(measured in Composite Theoretical Performance or other
relevant performance metrics) of computer systems that
must be obtained by each country for which a validated
license is required in order to defeat the objectives
of the export controls.
``(C) Availability to controlled destinations.--The
Secretary shall evaluate the effectiveness of the
export controls in achieving their specific objectives,
including explicit descriptions of the availability,
during the 12-month period described in subparagraph
(A), to controlled countries of computer equipment,
computer communications and networking equipment,
computer software, and related technology on which the
export controls are in effect--
``(i) from sources that do not control the
export of such items, and from sources from
which no effective export controls on such
items exist;
``(ii) as a result of actual or potential
diversion, including potential diversion of
software over international computer or
telephone networks;
``(iii) as a result of export license
authorizations from countries other than the
United States;
``(iv) as a result of indigenous production
in controlled countries; and
``(v) as a result of United States
regulations permitting exports to such
countries of items with minimal United States
content by value.
``(D) Economic impact.--The Secretary shall
evaluate the economic impact, during the 12-month
period described in subparagraph (A), of the export
controls on exporting companies, including estimates of
lost sales, loss in market share, and administrative
overhead.
``(3) Increase in thresholds.--After completing each review
under this subsection, the Secretary shall increase, if
warranted by the findings of the review, the following export
control thresholds, consistent with the obligations of the
United States under bilateral and multilateral agreements:
``(A) The performance levels at which computer
systems are eligible for delivery under a distribution
license.
``(B) The performance levels at which computer
systems may be shipped under a general license to
countries other than controlled countries.
``(C) The performance levels defining a
`supercomputer'.
``(D) The performance levels at which a validated
license is required for the export to a controlled
country of computer systems and peripherals, software,
parts, and communications equipment normally supplied
with such computer systems.
In any recommendation or publication for such increase, the
Secretary shall include the specific rationale for the
increase.
``(4) Default provisions.--If on the date by which a review
under this subsection must be completed, the review is not
completed or a report on the review has not been transmitted to
the Congress under paragraph (5), the performance levels
described in paragraph (3) then in effect, stated in terms of
Composite Theoretical Performance or other relevant performance
metrics, shall double, effective 90 days from that date. No
change in regulations or notice in the Federal Register shall
be required to implement such increase in performance levels.
``(5) Report.--The Secretary shall transmit to the Congress
and to the Computer Systems Technical Advisory Committee (or
successor technical advisory committee) a report on the
findings of each review conducted under this subsection,
addressing each requirement set forth in paragraph (2). Within
60 days thereafter, the Computer Systems Technical Advisory
Committee (or successor technical advisory committee) shall
transmit to the Congress a concise statement specifying its
concurrence or nonconcurrence with each matter contained in the
Secretary's report, along with specific reasons for such
concurrence or nonconcurrence.
``(6) Hearings.--The Secretary shall conduct public
hearings not less than once each year in order to solicit
information from all interested parties on all matters to be
addressed in each review conducted under this subsection.''.
SEC. 3. DE MINIMIS DECONTROL OF COMPUTER SYSTEMS.
Section 4 of the Export Administration Act of 1979 is amended by
adding at the end the following new subsection:
``(i) Removal of Controls on Computer Systems Valued at Less Than
$5,000.--
``(1) In general.--No validated license shall be required
under this Act for the export or reexport to any controlled
country of any digital computer having a net value of less than
$5,000.
``(2) Definition of net value.--As used in paragraph (1),
the `net value' of a digital computer means the actual selling
price of the computer, less transport charges, to the customer
abroad, or the current market price of the computer to the same
type of customer in the United States.
``(3) No quantity limit.--No limit may be placed under this
Act on the number of computer systems to which paragraph (1)
applies that may be exported or reexported at any one time or
on the number of shipments of such computer systems to any
controlled country or end-user in a controlled country.''
SEC. 4. DECONTROL OF MASS-MARKET COMPUTER EQUIPMENT.
Section 4 of the Export Administration Act of 1979 is amended by
adding at the end the following new subsection:
``(j) Removal of Controls on Mass-Market Computer Equipment.--
``(1) Mass-market computer equipment defined.--For purposes
of this subsection, the term `mass-market computer equipment'
means any computer system, computer networking equipment,
peripheral to a computer system, part or subassembly of a
computer system, or combination thereof, on which export
controls are in effect under this Act, and which will have been
installed for end-use outside the United States in a quantity
exceeding 100,000 units over a 12-month period, as determined
under paragraph (2).
``(2) Anticipatory review of mass-market computer
equipment.--Not later than--
``(A) 6 months after the date of the enactment of
this subsection, and
``(B) the end of each 1-year period occurring
thereafter,
the Secretary shall, in consultation with the Computer Systems
Technical Advisory Committee (or successor technical advisory
committee), industry groups, and computer equipment producers,
identify those items (including computer systems differentiated
in terms of Composite Theoretical Performance) that will be
installed for end-use outside the United States in a quantity
exceeding 100,000 units during the 12-month period beginning on
the applicable date described in subparagraph (A) or (B).
Estimates of numbers of items installed shall be based on
reliable estimates provided by producers of such items.
``(3) Action by the secretary.--Not later than 30 days
after an item is determined by the Secretary under paragraph
(2) to be mass-market computer equipment, the Secretary shall
either--
``(A) eliminate export controls on such equipment
and publish a notice of such action in the Federal
Register; or
``(B) in the case of an item controlled under the
terms of an export control regime in which the United
States participates with 1 or more other countries,
propose the elimination of controls on such equipment
in accordance with the procedures of the appropriate
regime and publish a notice of such proposal in the
Federal Register.''.
SEC. 5. IDENTIFICATION OF PROLIFERATION END-USERS.
Section 4 of the Export Administration Act of 1979 is amended by
adding at the end the following new subsection:
``(k) Identification of Proliferation End-users.--
``(1) Proliferation end-user defined.--For purposes of this
subsection, the term `proliferation end-user' means any entity
that is engaged, directly or indirectly, in the design,
development, or production of nuclear, chemical, or biological
weapons or missiles and is located in a country that is not
party to a bilateral or multilateral agreement the purpose of
which is to limit the spread of such weapons and activities and
to which the United States is a party.
``(2) Publication of proliferation end-users.--The
Secretary shall, within 10 days after communicating to any
United States exporter (including by denying an export license
to such exporter) that any entity has been identified as a
proliferation end-user, publish in the Federal Register the
name and specific validated license requirements for exports to
such proliferation end-user. If such publication is not made,
such entity shall be deemed not to be a proliferation end-user
and exports or reexports to such entity shall not require an
individual validated license solely because of activities
described in paragraph (1).
``(3) Customer screening.--The Secretary shall not require,
as a condition of granting any general or validated license for
the export of goods or technology to any end-user in a country,
that information by the export license applicant be provided
regarding activities described in paragraph (1) by such end-
user, unless--
``(A) the Secretary has identified such country as
engaged in the design, development, or production of
nuclear, chemical, or biological weapons or missiles;
or
``(B) the Secretary has determined that there is a
specific risk that the exports will be diverted to a
country for use in activities described in subparagraph
(A).''. | Computer Equipment and Technology Export Control Reform Act - Amends the Export Administration Act of 1979 to direct the Secretary of Commerce to: (1) conduct annual reviews of export controls on computer equipment and technology; (2) increase certain export control thresholds if warranted by the review; and (3) report review findings to the Congress and the Computer Systems Technical Advisory Committee.
Exempts from license requirements for export or reexport to any controlled country digital computers valued at less than $5,000.
Directs the Secretary to: (1) identify specified items that will be installed for end-use outside the United States; and (2) publish in the Federal Register the name and specified license requirements for exports to a proliferation end-user (any entity engaged in the design, development, or production of nuclear, chemical, or biological weapons or missiles which is located in a country that is not party to an agreement, to which the United States is a party, to limit the spread of such weapons and activities).
Prohibits the Secretary from requiring a license applicant to supply information about proliferation-related activities of an end-user, as a condition of granting a license for export of goods or technology to such end-user, unless the Secretary has: (1) identified the end-user's country as engaged in proliferation activities; or (2) determined there is a specific risk that the exports will be diverted to a country for use in such activities. | Computer Equipment and Technology Export Control Reform Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban and Rural Disease Prevention
and Health Promotion Act of 2003''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) in 1999, 61 percent of adults in the United States were
overweight or obese;
(2) all age, racial, and ethnic groups, and both genders,
have experienced increases in the percentage of persons who are
overweight or obese;
(3) each year in the United States, approximately 300,000
deaths are associated with obesity;
(4) overweight and obesity are associated with heart
disease, certain types of cancer, type 2 diabetes, stroke,
arthritis, breathing problems, and psychological disorders,
such as depression;
(5) in 2000, the economic cost of obesity in the United
States was approximately $117,000,000,000;
(6) it is recommended that American adults accumulate at
least 30 minutes, and American children accumulate at least 60
minutes, of moderate physical activity most days of the week,
though more may be needed to prevent weight gain, to lose
weight, or to maintain weight loss;
(7) less than one-third of American adults engage in these
recommended amounts of physical activity;
(8) 40 percent of adults in the United States do not
participate in any leisure-time physical activity;
(9) physical activity is important in preventing and
treating overweight and obesity and is extremely helpful in
maintaining weight loss, especially when combined with healthy
eating;
(10) there is a direct positive relationship between the
level of individual and community use of public recreational
facilities and services, access to and condition of such
facilities, and the diversity and quality of services relative
to current and potential uses; and
(11) medical and other research document a direct positive
relationship between active recreation and disease prevention
and general wellness.
SEC. 3. GRANT AND LOAN PROGRAM FOR INDOOR DISEASE PREVENTION AND HEALTH
PROMOTION CENTERS.
(a) Authority.--The Secretary of Housing and Urban Development may
make grants and loans in accordance with this Act to eligible entities
under section 4 for the development of indoor centers for disease
prevention and health promotion.
(b) Centers.--For purposes of this Act, the term ``indoor disease
prevention and health promotion center'' means a structure or facility,
or a portion thereof, that--
(1) is used principally as an indoor recreational facility
providing services, programs, and activities that result in
disease prevention and health promotion, including direct
recreation services for individuals and groups, information on
public and personal health and wellness, health screening, and
other necessary services in collaboration with public and
private health professionals and other entities;
(2) is owned or controlled by the eligible entity that
receives the grant or loan under this Act;
(3) is available for use by, and provides services to,
residents of the jurisdiction of such eligible entity free of
charge or at a charge not exceeding that necessary to provide
for operation and maintenance of the facility and for
appropriate public recreation services; and
(4) is subject to such legally binding and enforceable
commitments, as the Secretary shall require, to ensure that the
structure or facility, or portion thereof, is used as provided
in paragraph (1) for the 25-year period beginning upon the
receipt of a grant or loan made under this Act; except that the
Secretary may, upon the request of an entity that received a
grant or loan under this Act, waive the applicability of such
commitments if the Secretary finds that--
(A) environmental or other conditions have
substantially reduced the public value of the facility
or public access to the facility; or
(B) the site or facility has substantially
deteriorated, through no fault of the entity that
received the grant or loan, and such entity enters into
an agreement with the Secretary to obtain or provide a
replacement facility that generally provides access to
services for persons that were served at the original
facility.
SEC. 4. ELIGIBLE ENTITIES.
Grants and loans under this Act may be made only to the following
entities:
(1) A unit of general local government.
(2) An official State, metropolitan, regional, or other
area agency, district, public-purpose corporation, or other
limited-purpose political subdivision of a State, that is
empowered under State or local laws or under an interstate
compact or agreement to manage, administer, or provide public
parks and recreational facilities.
(3) Public authorities or agencies associated with economic
or community development or restoration, whose activities
support capital investments for public recreation.
SEC. 5. ELIGIBLE USES OF ASSISTANCE.
Amounts from a grant or loan under this Act may be used only for
the development of indoor centers for disease prevention and health
promotion, which shall include the following activities:
(1) Planning.
(2) Design.
(3) Site acquisition, preparation, and construction.
(4) Assessment of, and response to, site environmental
conditions.
(5) Landscaping.
(6) New construction.
(7) Rehabilitation of existing recreational structures and
facilities.
(8) Enhancement and expansion of public infrastructure.
(9) Acquisition and conversion of existing non-recreational
structures and facilities.
SEC. 6. GRANT AND LOAN REQUIREMENTS.
(a) Amount.--The Secretary may not make a grant or loan under this
Act for any fiscal year to any eligible entity that has received a
grant or loan during any of the preceding three fiscal years.
(b) Loans.--Loans made with amounts made available under this Act
shall be subject to the following requirements:
(1) No interest loans.--Loans shall not bear interest.
(2) Term.--Loans shall have a term to maturity not to
exceed 10 years.
(3) Revolving loan fund.--Loan amounts repaid to the
Secretary shall be available to the Secretary, without fiscal
year limitation, for making additional loans under this Act.
(4) Other conditions.--Loans shall be subject to such other
terms and conditions as the Secretary may establish.
(c) Applications.--The Secretary shall provide for eligible
entities to submit applications for grants and loans under this Act.
(d) Selection Criteria.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall cause to be published in
the Federal Register a list of criteria for the selection of applicant
eligible entities for grants and loans under this Act. Such criteria
shall be based upon factors that the Secretary considers are
appropriate to determine need among communities for Federal financial
assistance for development of indoor disease prevention and health
promotion centers.
(e) Review of Applications and Selection.--
(1) Review panel.--The Secretary shall appoint a panel of
experts in the fields of public recreation, public health, and
community health care to review applications for grants and
loans under this Act and to make recommendations to the
Secretary for selection of such applications for grants and
loans based upon the criteria established pursuant to
subsection (d).
(2) Selection.--The Secretary shall select eligible
entities that have submitted applications for grants and loans
under this Act to receive such assistance, based upon the
criteria established pursuant to subsection (d) and taking into
consideration the recommendations of the panel established
pursuant to paragraph (1) of this subsection.
SEC. 7. ALLOCATION OF AMOUNTS.
(a) Regional Allocation.--Of any amounts made available for
assistance under this Act for each fiscal year--
(1) 50 percent shall be made available for grants and loans
for the development of indoor disease prevention and health
promotion centers that will be located in units of general
local government having a population of 50,000 or less; and
(2) 50 percent shall be made available for grants and loans
for the development of indoor disease prevention and health
promotion centers that will be located in units of general
local government having a population of more than 50,000.
(b) Allocation for Grants and Loans.--Of any amounts made available
for assistance under this Act for each fiscal year, the Secretary shall
make not more than 10 percent available for loans under this Act.
SEC. 8. MATCHING FUNDS REQUIREMENT.
(a) In General.--The amount of a grant made under this Act by the
Secretary to any eligible entity may not exceed the amount that the
eligible entity certifies, as the Secretary shall require, that the
entity will contribute from non-Federal sources for the activities
under section 5.
(b) Supplemental Funds.--In determining the amount contributed for
purposes of meeting the requirement under subsection (a), an eligible
entity may include the value of any donated material or building, the
value of any lease on a building, and the value of any administrative
or other costs incurred by an eligible entity relating to carrying out
the activities assisted with amounts provided under this Act and
amounts contributed under this section.
SEC. 9. LABOR.
(a) In General.--Any contract for activities described in section 5
for an indoor center for disease prevention and health promotion that
is developed in whole or in part with amounts made available under this
Act shall contain--
(1) a provision requiring that not less than the wages
prevailing in the locality, as determined or adopted
(subsequent to a determination under applicable State or local
law) by the Secretary, shall be paid to all architects,
technical engineers, draftsmen, and technicians employed in the
development of the center involved; and
(2) a provision requiring that not less than the wages
prevailing in the locality, as predetermined by the Secretary
of Labor pursuant to subchapter IV of chapter 31 of title 40,
United States Code (40 U.S.C. 3141 et seq.), shall be paid to
all laborers and mechanics employed in the development of the
center involved.
(b) Compliance.--Each eligible entity receiving assistance under
this Act shall require certification as to compliance with the
provisions of this section before making any payment under such
contract.
(c) Inapplicability to Volunteers.--Subsection (a) shall not apply
if the individual receives no compensation or is paid expenses,
reasonable benefits, or a nominal fee to perform the services for which
the individual volunteered and such persons are not otherwise employed
at any time in the development work.
SEC. 10. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Eligible entity.--The term ``eligible entity'' means
any entity that, under section 4, is eligible to receive a
grant or loan under this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(3) Unit of general local government.--The term ``unit of
general local government'' means any city, town, township,
county, parish, village, or other general purpose political
subdivision of a State.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary for grants
and loans under this Act--
(1) $100,000,000 for fiscal year 2004;
(2) $125,000,000 for fiscal year 2005;
(3) $150,000,000 for fiscal year 2006;
(4) $175,000,000 for fiscal year 2007; and
(5) $200,000,000 for fiscal year 2008.
SEC. 12. REGULATIONS.
The Secretary may issue any regulations necessary to carry out
this Act. | Urban and Rural Disease Prevention and Health Promotion Act of 2003 - Authorizes the Secretary of Housing and Urban Development to make grants and loans for the development of indoor centers for disease prevention and health promotion, specifically, indoor recreational facilities.Makes State and local government agencies and community development public authorities eligible for such grants and loans.Allocates funds according to population. Requires matching funds for grants. Requires compliance with the prevailing wage in the locality. | To provide assistance for the development of indoor disease prevention and health promotion centers in urban and rural areas throughout the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ghost Army Congressional Gold Medal
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the 23d Headquarters, Special Troops (comprised of the
23d Headquarters and Headquarters Company, Special Troops, the
603d Engineer Camouflage Battalion, the 406th Combat Engineer
Company, the 3132d Signal Service Company and the Signal
Company, Special, 23d Headquarters, Special Troops), and the
3133d Signal Service Company were top-secret units of the
United States Army that served in Europe during World War II;
(2) the 23d Headquarters, Special Troops, was actively
engaged in battlefield operations from June of 1944 through
March of 1945;
(3) the 3133d Signal Service Company was engaged in
operations in Italy in 1945;
(4) the deceptive activities of these units were integral
to several Allied victories across Europe and reduced
casualties;
(5) in evaluating the performance of these units after
World War II, an Army analysis found that ``Rarely, if ever,
has there been a group of such a few men which had so great an
influence on the outcome of a major military campaign.'';
(6) many Ghost Army soldiers were citizen-soldiers
recruited from art schools, advertising agencies,
communications companies, and other creative and technical
professions;
(7) the first 4 members of the 23d Headquarters, Special
Troops, landed on D-Day and 2 became casualties while creating
false beach landing sites;
(8) the 23d Headquarters, Special Troops, secret deception
operations commenced in France on June 14, 1944, when Task
Force Mason (a 17-man detachment of the 23d led by First
Lieutenant Bernard Mason) landed at Omaha Beach;
(9) Task Force Mason conducted Operation Elephant from July
1 to 4, 1944, to draw enemy fire and protect the 980th Field
Artillery Battalion (VIII Corps) as part of the Normandy
Campaign;
(10) Operation Elephant was a prelude to the 21 full-scale
tactical deceptions completed by the 23d Headquarters, Special
Troops;
(11) often operating on or near the front lines, the 23d
Headquarters, Special Troops, used inflatable tanks, artillery,
airplanes and other vehicles, advanced engineered soundtracks,
and skillfully crafted radio trickery to create the illusion of
a sizable American forces where there were none and to draw the
enemy away from Allied troops;
(12) the 3132d and the 3133d Signal Service Companies,
activated in Pine Camp (now Fort Drum), New York, at the Army
Experimental Station in March 1944, were the only 2 active duty
``sonic deception'' ground combat units in World War II;
(13) soldiers of the 23d Headquarters, Special Troops,
impersonated other, larger Army units by sewing counterfeit
patches onto their uniforms, painting false markings on their
vehicles, and creating phony headquarters staffed by fake
generals, all in an effort to feed false information to Axis
spies;
(14) during the Battle of the Bulge, the 23d Headquarters,
Special Troops, created counterfeit radio traffic in an effort
to deceive the enemy of the movement of elements of General
George S. Patton's Third Army as it shifted to break through to
the 101st Airborne Division and elements of 10th Armored
Division in the besieged Belgian town of Bastogne;
(15) in its final mission, Operation Viersen, in March
1945, the 23d Headquarters, Special Troops, conducted a
tactical deception operation intended to draw German units down
the Rhine River and away from the Ninth Army, allowing the
Ninth Army to cross the Rhine into Germany;
(16) during Operation Viersen, the 23d Headquarters,
Special Troops, with the assistance of other units,
impersonated 40,000 men, or 2 complete divisions of American
forces, by using fabricated radio networks, soundtracks of
construction work and artillery fire, and more than 600
inflatable and real vehicles;
(17) according to a military intelligence officer of the
79th Infantry, ``There is no doubt that Operation Viersen
materially assisted in deceiving the enemy with regard to the
real dispositions and intentions of this Army.'';
(18) 3 soldiers of the 23d Headquarters, Special Troops,
gave their lives and dozens were injured in carrying out their
mission;
(19) in April 1945, the 3133d Signal Service Company
conducted Operation Craftsman in support of Operation Second
Wind, the successful allied effort to break through the German
defensive position to the north of Florence, Italy, known as
the Gothic Line;
(20) along with an attached platoon of British engineers,
who were inflatable decoy specialists, the 3133d Signal Service
Company used sonic deception to misrepresent troop locations
along this defensive line;
(21) the activities of the 23d Headquarters, Special Troops
and the 3133d Signal Service Company remained highly classified
for more than 40 years after the war and were never formally
recognized;
(22) the extraordinary accomplishments of this unit are
deserving of belated official recognition; and
(23) the United States is eternally grateful to the
soldiers of the 23d Headquarters, Special Troops and the 3133d
Signal Service Company for their proficient use of innovative
tactics during World War II, which saved lives and made
significant contributions to the defeat of the Axis powers.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The President Pro Tempore of the Senate and
the Speaker of the House of Representatives shall make appropriate
arrangements for the award, on behalf of the Congress, of a gold medal
of appropriate design to the 23d Headquarters, Special Troops and the
3133d Signal Services Company in recognition of unique and highly
distinguished service during World War II.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (in this Act referred
to as the ``Secretary'') shall strike the gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal
under subsection (a), the gold medal shall be given to the
Smithsonian Institution, where it shall be available for
display as appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under paragraph (1) available for display elsewhere,
particularly at other locations associated with the 23d
Headquarters, Special Troops and the 3133d Signal Services
Company.
(d) Duplicate Medals.--Under regulations that the Secretary may
promulgate, the Secretary may strike and sell duplicates in bronze of
the gold medal struck under this Act, at a price sufficient to cover
the cost of the medals, including labor, materials, dies, use of
machinery, and overhead expenses.
SEC. 4. STATUS OF MEDAL.
(a) National Medal.--The gold medal struck under this Act shall be
a national medal for the purposes of chapter 51 of title 31, Unites
States Code.
(b) Numismatic Items.--For purpose of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Ghost Army Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to award a Congressional Gold Medal to the 23rd Headquarters, Special Troops and the 3133d Signal Services Company in recognition of their service during World War II. The bill expresses the sense of Congress that the Smithsonian Institution should make the medal available for display elsewhere, particularly at other locations associated with the 23d Headquarters, Special Troops and the 3133d Signal Services Company.. | Ghost Army Congressional Gold Medal Act |
SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF A MOTOR
VEHICLE OR AIRCRAFT.
(a) Definitions.--In this section:
(1) Aircraft.--The term ``aircraft'' has the meaning
provided that term in section 40102(6) of title 49, United
States Code.
(2) Business entity.--the term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Motor vehicle.--The term ``motor vehicle'' has the
meaning provided that term in section 30102(6) of title 49,
United States Code.
(6) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring as a result of the operation of
aircraft or a motor vehicle of a business entity loaned to a
nonprofit organization for use outside of the scope of business
of the business entity if--
(A) such injury or death occurs during a period
that such motor vehicle or aircraft is used by a
nonprofit organization; and
(B) the business entity authorized the use by the
nonprofit organization of motor vehicle or aircraft
that resulted in the injury or death.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of the aircraft or motor vehicle.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which the conditions described in
subparagraphs (A) and (B) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a volunteer,
nonprofit organization, or governmental entity in which all parties are
citizens of the State if such State enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provisions. | Exempts a business entity from civil liability for any injury or death occurring as a result of the operation of an entity's aircraft or motor vehicle loaned to a nonprofit organization for use outside the scope of business of such entity if: (1) the injury or death occurs while the aircraft or vehicle is used by the organization; and (2) the entity authorized the organization's use of the aircraft or vehicle. Provides an exception for an injury or death that results from an act or omission that constitutes gross negligence or intentional misconduct, including crimes of violence or acts of international terrorism, hate crimes, sexual offenses, or misconduct that violates Federal or State civil rights laws.
Provides that this Act shall not apply in a State that enacts a statute to that effect if all parties to an action are citizens of that State. | A bill to limit the civil liability of business entities that make available to a nonprofit organization the use of a motor vehicle or aircraft. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine in the Courtroom Act of
2011''.
SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS.
(a) Definitions.--In this section:
(1) Presiding judge.--The term ``presiding judge'' means
the judge presiding over the court proceeding concerned. In
proceedings in which more than 1 judge participates, the
presiding judge shall be the senior active judge so
participating or, in the case of a circuit court of appeals,
the senior active circuit judge so participating, except that--
(A) in en banc sittings of any United States
circuit court of appeals, the presiding judge shall be
the chief judge of the circuit whenever the chief judge
participates; and
(B) in en banc sittings of the Supreme Court of the
United States, the presiding judge shall be the Chief
Justice whenever the Chief Justice participates.
(2) Appellate court of the united states.--The term
``appellate court of the United States'' means any United
States circuit court of appeals and the Supreme Court of the
United States.
(b) Authority of Presiding Judge To Allow Media Coverage of Court
Proceedings.--
(1) Authority of appellate courts.--
(A) In general.--Except as provided under
subparagraph (B), the presiding judge of an appellate
court of the United States may, at the discretion of
that judge, permit the photographing, electronic
recording, broadcasting, or televising to the public of
any court proceeding over which that judge presides.
(B) Exception.--The presiding judge shall not
permit any action under subparagraph (A), if--
(i) in the case of a proceeding involving
only the presiding judge, that judge determines
the action would constitute a violation of the
due process rights of any party; or
(ii) in the case of a proceeding involving
the participation of more than 1 judge, a
majority of the judges participating determine
that the action would constitute a violation of
the due process rights of any party.
(2) Authority of district courts.--
(A) In general.--
(i) Authority.--Notwithstanding any other
provision of law, except as provided under
clause (iii), the presiding judge of a district
court of the United States may, at the
discretion of that judge, permit the
photographing, electronic recording,
broadcasting, or televising to the public of
any court proceeding over which that judge
presides.
(ii) Obscuring of witnesses.--Except as
provided under clause (iii)--
(I) upon the request of any witness
(other than a party) in a trial
proceeding, the court shall order the
face and voice of the witness to be
disguised or otherwise obscured in such
manner as to render the witness
unrecognizable to the broadcast
audience of the trial proceeding; and
(II) the presiding judge in a trial
proceeding shall inform each witness
who is not a party that the witness has
the right to request the image and
voice of that witness to be obscured
during the witness' testimony.
(iii) Exception.--The presiding judge shall
not permit any action under this subparagraph--
(I) if that judge determines the
action would constitute a violation of
the due process rights of any party;
and
(II) until the Judicial Conference
of the United States promulgates
mandatory guidelines under paragraph
(5).
(B) No media coverage of jurors.--The presiding
judge shall not permit the photographing, electronic
recording, broadcasting, or televising of any juror in
a trial proceeding, or of the jury selection process.
(C) Discretion of the judge.--The presiding judge
shall have the discretion to obscure the face and voice
of an individual, if good cause is shown that the
photographing, electronic recording, broadcasting, or
televising of the individual would threaten--
(i) the safety of the individual;
(ii) the security of the court;
(iii) the integrity of future or ongoing
law enforcement operations; or
(iv) the interest of justice.
(D) Sunset of district court authority.--The
authority under this paragraph shall terminate 3 years
after the date of the enactment of this Act.
(3) Interlocutory appeals barred.--The decision of the
presiding judge under this subsection of whether or not to
permit, deny, or terminate the photographing, electronic
recording, broadcasting, or televising of a court proceeding
may not be challenged through an interlocutory appeal.
(4) Advisory guidelines.--The Judicial Conference of the
United States may promulgate advisory guidelines to which a
presiding judge, at the discretion of that judge, may refer in
making decisions with respect to the management and
administration of photographing, recording, broadcasting, or
televising described under paragraphs (1) and (2).
(5) Mandatory guidelines.--Not later than 6 months after
the date of enactment of this Act, the Judicial Conference of
the United States shall promulgate mandatory guidelines which a
presiding judge is required to follow for obscuring of certain
vulnerable witnesses, including crime victims, minor victims,
families of victims, cooperating witnesses, undercover law
enforcement officers or agents, witnesses subject to section
3521 of title 18, United States Code, relating to witness
relocation and protection, or minors under the age of 18 years.
The guidelines shall include procedures for determining, at the
earliest practicable time in any investigation or case, which
witnesses should be considered vulnerable under this section.
(6) Procedures.--In the interests of justice and fairness,
the presiding judge of the court in which media use is desired
has discretion to promulgate rules and disciplinary measures
for the courtroom use of any form of media or media equipment
and the acquisition or distribution of any of the images or
sounds obtained in the courtroom. The presiding judge shall
also have discretion to require written acknowledgment of the
rules by anyone individually or on behalf of any entity before
being allowed to acquire any images or sounds from the
courtroom.
(7) No broadcast of conferences between attorneys and
clients.--There shall be no audio pickup or broadcast of
conferences which occur in a court proceeding between attorneys
and their clients, between co-counsel of a client, between
adverse counsel, or between counsel and the presiding judge, if
the conferences are not part of the official record of the
proceedings.
(8) Expenses.--A court may require that any accommodations
to effectuate this Act be made without public expense.
(9) Inherent authority.--Nothing in this Act shall limit
the inherent authority of a court to protect witnesses or clear
the courtroom to preserve the decorum and integrity of the
legal process or protect the safety of an individual. | Sunshine in the Courtroom Act of 2011 - Authorizes the presiding judge of a U.S. appellate court or U.S. district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides, except when such action would constitute a violation of the due process rights of any party.
Directs: (1) a district court, upon the request of any witness in a trial proceeding other than a party, to order the face and voice of the witness to be disguised or otherwise obscured to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (2) the presiding judge in a trial proceeding to inform each witness who is not a party of the right to make such request. Allows a presiding judge to obscure the face and voice of an individual if good cause is shown that photographing, electronic recording, broadcasting, or televising such features would threaten the individual's safety, the court's security, the integrity of future or ongoing law enforcement operations, or the interest of justice.
Prohibits a presiding judge from permitting the photographing, electronic recording, broadcasting, or televising of any juror in a trial proceeding, or of the jury selection process.
Terminates a district court's authority under this Act three years after enactment of this Act.
Authorizes the Judicial Conference of the United States to promulgate advisory guidelines to which a presiding judge may refer in making decisions regarding the management and administration of photographing, recording, broadcasting, or televising described in this Act.
Requires the Judicial Conference to promulgate mandatory guidelines which a presiding judge must follow for obscuring certain vulnerable witnesses.
Prohibits any audio pickup or broadcast of conferences which occur in a court proceeding between attorneys and their clients, co-counsel of a client, adverse counsel, or counsel and the presiding judge, if the conferences are not part of the official record of the proceedings. | A bill to provide for media coverage of Federal court proceedings. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Health Care Purchasing
Cooperatives Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Health care spending in the United States has reached
13 percent of the Gross Domestic Product of the United States,
yet 42,500,000 people, or 15.5 percent of the population,
remains uninsured.
(2) After nearly a decade of manageable increases in
commercial insurance premiums, many employers are now faced
with consecutive years of double digit premium increases.
(3) Purchasing cooperatives owned by participating
businesses are a proven method of achieving the bargaining
power necessary to manage the cost and quality of employer-
sponsored health plans and other employee benefits.
(4) The Employer Health Care Alliance Cooperative has
provided its members with health care purchasing power through
provider contracting, data collection, activities to enhance
quality improvements in the health care community, and
activities to promote employee health care consumerism.
(5) According to the National Business Coalition on Health,
there are more than 90 employer-led coalitions across the
United States that collectively purchase health care,
proactively challenge high costs and the inefficient delivery
of health care, and share information on quality. These
coalitions represent over 7,000 employers and approximately
34,000,000 employees.
(b) Purpose.--It is the purpose of this Act to build off of
successful local employer-led health insurance initiatives by improving
the value of their employees health care.
SEC. 3. GRANTS TO SELF INSURED BUSINESSES TO FORM HEALTH CARE
COOPERATIVES.
(a) Authorization.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary''), acting through the Director
of the Agency for Healthcare Research and Quality, is authorized to
award grants to eligible groups who meet the criteria described in
subsection (d), for the development of health care purchasing
cooperatives. Such grants may be used to provide support for the
professional staff of such cooperatives, and to obtain contracted
services for planning, development, and implementation activities for
establishing such health care purchasing cooperatives.
(b) Eligible Group Defined.--
(1) In general.--For purposes of this section the term
``eligible group'' means a consortia of--
(A) two or more self-insured employers each of
which are responsible for their own health insurance
risk pool with respect to their employees; or
(B) two or more employers each of which--
(i) have 99 employees or less; and
(ii) are purchasers of health insurance
(are not self-insured) for their employees.
(2) No transfer of risk.--Individual employers who are
members of an eligible group may not transfer insurance risk to
such group.
(c) Application.--An eligible entity desiring a grant under this
section shall submit to the Secretary an application at such time, in
such manner, and accompanied by such information as the Secretary may
require.
(d) Criteria.--
(1) Feasibility study grants.--
(A) In general.--An eligible group may submit an
application under subsection (c) for a grant to conduct
a feasibility study concerning the establishment of a
health insurance purchasing cooperative. The Secretary
shall approve applications submitted under the
preceding sentence if the study will consider the
criteria described in paragraph (2).
(B) Report.--After completion of a feasibility
study under a grant under this section, an
eligible group shall submit to the Secretary a report describing the
results of such study.
(2) Grant criteria.--The criteria described in this
paragraph include the following with respect to the eligible
group:
(A) The ability of the group to effectively pool
the health care purchasing power of employers.
(B) The ability of the group to provide data to
employers to enable such employers to make data-based
decisions regarding their health plans.
(C) The ability of the group to drive quality
improvement in the health care community.
(D) The ability of the group to promote health care
consumerism through employee education, self-care, and
comparative provider performance information.
(E) The ability of the group to meet any other
criteria determined appropriate by the Secretary.
(e) Cooperative Grants.--After the submission of a report by an
eligible group under subsection (d)(1)(B), the Secretary shall
determine whether to award the group a grant for the establishment of a
cooperative under subsection (a). In making a determination under the
preceding sentence, the Secretary shall consider the criteria described
in subsection (d)(2) with respect to the group.
(f) Cooperatives.--
(1) In general.--An eligible group awarded a grant under
subsection (a) shall establish or expand a health insurance
purchasing cooperative that shall--
(A) be a nonprofit organization;
(B) be wholly owned, and democratically governed by
its member-employers;
(C) exist solely to serve the membership base;
(D) be governed by a board of directors that is
democratically elected by the cooperative membership
using a 1-member, 1-vote standard; and
(E) accept any new member in accordance with
specific criteria, including a limitation on the number
of members, determined by the Secretary.
(2) Authorized cooperative activities.--A cooperative
established under paragraph (1) shall--
(A) assist the members of the cooperative in
pooling their health care insurance purchasing power;
(B) provide data to improve the ability of the
members of the cooperative to make data-based decisions
regarding their health plans;
(C) conduct activities to enhance quality
improvement in the health care community;
(D) the ability of the group to promote health care
consumerism through employee education, self-care, and
comparative provider performance information; and
(E) conduct any other activities determined
appropriate by the Secretary.
(g) Review.--
(1) In general.--Not later than 1 year after the date on
which grants are awarded under this section, and every 2 years
thereafter, the Secretary shall study programs funded by grants
under this section and provide to the appropriate committees of
Congress a report on the progress of such programs in improving
the access of employees to quality, affordable health
insurance.
(2) Sliding scale funding.--The Secretary shall use the
information included in the report under paragraph (1) to
establish a schedule for scaling back payments under this
section with the goal of ensuring that programs funded with
grants under this section are self sufficient within 10 years.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
From the administrative funds provided to the Secretary of Health
and Human Services, the Secretary may use not more than a total of
$60,000,000 for fiscal years 2003 through 2012 to carry out this Act. | Promoting Health Care Purchasing Cooperatives Act - Authorizes the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, to award grants for the development of health care purchasing cooperatives by two or more employers. Includes employers who self-insure as well as those with fewer than 100 employees who purchase insurance.Permits the use of funds for professional staff support and the conduct of a feasibility study.Requires the Secretary to determine a group's eligibility for a grant to establish or expand a cooperative based upon the report of the feasibility study. Requires cooperatives to: (1) be nonprofit; (2) be wholly owned and governed by its member-employees; (3) assist members in pooling their health care insurance purchasing power; and (4) provide data and activities to improve the quality of health care decision-making. | A bill to promote the development of health care cooperatives that will help businesses to pool the health care purchasing power of employers, and for other purposes. |
SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2003.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date and
before January 1, 2003. | Amends the Internal Revenue Code to recognize gain on the sale of any capital asset, if the taxpayer so elects, only to the extent that the amount realized exceeds the cost of any eligible small business investment purchased by the taxpayer during the 12 months before the sale, reduced by any portion of the cost previously taken into account under these provisions. Terminates these provisions after the year 2002. | To amend the Internal Revenue Code to provide that capital gains not be recognized if invested in certain small businesses. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tuberculosis Prevention and Control
Amendments of 1993''.
SEC. 2. PROGRAMS OF CENTERS FOR DISEASE CONTROL.
(a) Provision of Services for Prevention, Control, and
Elimination.--
(1) In general.--Section 317(j)(2) of the Public Health
Service Act (42 U.S.C. 247b(j)(2)) is amended in the first
sentence--
(A) by striking ``and'' after ``1991,'';
(B) by striking ``through 1995'' and inserting
``and 1992''; and
(C) by inserting before the period the following:
``, $300,000,000 for fiscal year 1994, and such sums as
may be necessary for each of the fiscal years 1995
through 1998''.
(2) Emergency grants.--
(A) Subject to subparagraph (B), in addition to the
authorization of appropriations established in section
317(j)(2) of the Public Health Service Act for grants
for the prevention, control, and elimination of
tuberculosis, there are authorized to be appropriated
for such grants $85,000,000 for fiscal year 1994, and
such sums as may be necessary for each of the fiscal
years 1995 through 1998.
(B) Grants made pursuant to subparagraph (A) shall
be made by the Secretary of Health and Human Services,
acting through the Director of the Centers for Disease
Control and Prevention. The Secretary may make such a
grant only if the geographic area in which activities
under the grant are to be carried out has, relative to
other areas, a substantial incidence of cases of
tuberculosis or a substantial rate of increase in such
cases.
(3) Bulk purchases.--
(A) Subject to subparagraph (B), in addition to the
authorization of appropriations established in section
317(j)(2) of the Public Health Service Act for grants
for the prevention, control, and elimination of
tuberculosis, there are authorized to be appropriated
for such grants $80,000,000 for fiscal year 1994, and
such sums as may be necessary for each of the fiscal
years 1995 through 1998.
(B) Amounts appropriated under subparagraph (A)
shall be administered by the Secretary of Health and
Human Services, acting through the Director of the
Centers for Disease Control and Prevention. For
purposes of the program of grants referred to in such
subparagraph, such amounts are available for making
bulk purchases of medications and other supplies with
respect to tuberculosis.
(4) Other purposes.--Section 317(j)(2) of the Public Health
Service Act (42 U.S.C. 247b(j)(2)) is amended by inserting
after the first sentence the following sentence: ``The purposes
for which such grants under subsection (a) for such programs
may be expended include services with respect to
incarceration.''.
(b) Research, Demonstration Projects, Education, and Training.--
Section 317(k)(2) of the Public Health Service Act (42 U.S.C.
247b(k)(2)) is amended--
(1) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively;
(2) by inserting ``(A)'' after the paragraph designation;
and
(3) by adding at the end the following subparagraph:
``(B) For the purpose of carrying out subparagraph (A), there are
authorized to be appropriated $80,000,000 for fiscal year 1994, and
such sums as may be necessary for each of the fiscal years 1995 through
1998. The authorization of appropriations established in the preceding
sentence is in addition to the authorization of appropriations
established in subsection (j)(2) for carrying out this paragraph.''.
(c) Training Centers Regarding Health Professionals.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary''), acting
through the Director of the Centers for Disease Control and
Prevention, may make grants to public and nonprofit private
entities for the establishment and operation of not more than 5
centers to train health professionals with respect to the
prevention and control of tuberculosis, including training in
identifying multi-drug resistant forms of such disease.
(2) Screenings; other health services.--The purposes for
which the Secretary may authorize an entity to expend a grant
under paragraph (1) include screening individuals for
tuberculosis, providing treatment for such disease, and
referring individuals for services.
(3) Facilities and equipment.--The purposes for which the
Secretary may authorize an entity to expend a grant under
paragraph (1) include providing for facilities and equipment
for the center under such paragraph.
(4) Quality of laboratories.--The Secretary may make a
grant under paragraph (1) only if the entity involved provides
assurances satisfactory to the Secretary that the laboratories
of the center under such paragraph will have the facilities and
equipment to provide sophisticated training to health
professionals with respect to tuberculosis.
(5) Application for grant.--The Secretary may make a grant
under paragraph (1) only if an application for the grant is
submitted to the Secretary and the application is in such form,
is made in such manner, and contains such agreements,
assurances, and information as the Secretary determines to be
necessary to carry out this subsection.
(6) Amount and duration of grant.--
(A) The Secretary may not make a grant under
paragraph (1) for a fiscal year in an amount exceeding
$5,000,000.
(B) The period during which payments are made to an
entity from a grant under paragraph (1) may not exceed
3 years. The provision of such payments shall be
subject to annual approval by the Secretary of the
payments and subject to the availability of
appropriations for the fiscal year involved to make the
payments.
(7) Evaluations; dissemination of information.--The
Secretary shall, directly or through contracts with public or
private entities, provide for evaluations of centers operated
pursuant to paragraph (1) and for the dissemination of
information developed as a result of the centers.
(8) Authorization of appropriations.--For the purpose of
carrying out this subsection, there is authorized to be
appropriated $25,000,000 for fiscal year 1994, and such sums as
may be necessary for each of the fiscal years 1995 through
1998.
SEC. 3. RESEARCH THROUGH NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES.
(a) Certain Duties.--
(1) In general.--Subpart 6 of part C of title IV of the
Public Health Service Act (42 U.S.C. 285f) is amended by
inserting after section 446 the following section:
``research and research training regarding tuberculosis
``Sec. 447. In carrying out section 446, the Director of the
Institute shall conduct or support research and research training
regarding the cause, diagnosis, early detection, prevention, control,
and treatment of tuberculosis.''.
(2) Conforming amendment.--Section 446 of the Public Health
Service Act (42 U.S.C. 285f) is amended by inserting after
``Diseases'' the following: ``(hereafter in this subpart
referred to as the `Institute')''.
(b) Authorization of Appropriations.--Section 408(a) of the Public
Health Service Act (42 U.S.C. 284c(a)) is amended by adding at the end
the following new paragraph:
``(3) For the purpose of carrying out section 447 (relating
to research on tuberculosis through the National Institute on
Allergy and Infectious Diseases), there are authorized to be
appropriated $50,000,000 for fiscal year 1994, and such sums as
may be necessary for each of the fiscal years 1995 through
1998. The authorization of appropriations established in the
preceding sentence may not be construed as terminating the
availability for such purpose of any other authorization of
appropriations.''.
SEC. 4. CONSTRUCTION OR MODERNIZATION OF HEALTH FACILITIES.
Section 1610 of the Public Health Service Act (42 U.S.C. 300r) is
amended by adding at the end the following subsection:
``(c)(1) With respect to services for the prevention, control, and
elimination of tuberculosis, the Secretary may make grants to public
and nonprofit private entities for projects for (A) construction or
modernization of outpatient medical facilities which are located apart
from hospitals and which will provide such services for medically
underserved populations, (B) conversion of existing facilities into
outpatient medical facilities or facilities for long-term care to
provide such services for such populations, (C) renovation of inpatient
facilities, (D) construction or renovation of facilities to provide
such services with respect to incarceration.
``(2) The amount of any grant under paragraph (1) may not exceed 80
percent of the cost of the project for which the grant is made unless
the project is located in an area determined by the Secretary to be an
urban or rural poverty area, in which case the grant may cover up to
100 percent of such costs.
``(3) There are authorized to be appropriated for grants under
paragraph (1) $100,000,000 for fiscal year 1993, $250,000,000 for
fiscal year 1994, and such sums as may be necessary for each of the
fiscal years 1995 through 1998.''.
SEC. 5. OPTIONAL MEDICAID COVERAGE OF TB-RELATED SERVICES FOR CERTAIN
TB-INFECTED INDIVIDUALS.
(a) Coverage as Optional, Categorically Needy Group.--Section
1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(ii)) is amended--
(1) by striking ``or'' at the end of subclause (X),
(2) by adding ``or'' at the end of subclause (XI), and
(3) by adding at the end the following new subclause:
``(XII) who are described in
subsection (z)(1) (relating to certain
TB-infected individuals);''.
(b) Group and Benefit Described.--Section 1902 of such Act is
amended by adding at the end the following new subsection:
``(z)(1) Individuals described in this paragraph are individuals
not described in subsection (a)(10)(A)(i)--
``(A) who have tested positively to be infected with
tuberculosis;
``(B) whose income (as determined under the State plan
under this title with respect to disabled individuals) does not
exceed the maximum amount of income a disabled individual
described in subsection (a)(10)(A)(i) may have and obtain
medical assistance under the plan; and
``(C) whose resources (as determined under the State plan
under this title with respect to disabled individuals) do not
exceed the maximum amount of resources a disabled individual
described in subsection (a)(10)(A)(i) may have and obtain
medical assistance under the plan.
``(2) For purposes of subsection (a)(10), the term `TB-related
services' means each of the following services--
``(A) prescribed drugs,
``(B) physicians' services and services described in
section 1905(a)(2),
``(C) laboratory and X-ray services,
``(D) clinic services and Federally-qualified health center
services, and
``(E) case management services (as defined in section
1915(g)(2)),
relating to treatment of infection with tuberculosis.''.
(c) Limitation on Benefits.--Section 1902(a)(10) of such Act is
amended, in the matter following subparagraph (F)--
(1) by striking ``; and (XI)'' and inserting ``, (XI)'',
(2) by striking ``, and (XI)'' and inserting ``, (XII)'',
and
(3) by inserting before the semicolon at the end the
following: ``, and (XIII) the medical assistance made available
to an individual described in subsection (z)(1) who is eligible
for medical assistance only because of subparagraph
(A)(ii)(XII) shall be limited to medical assistance for TB-
related services (described in subsection (z)(2))''.
(d) Conforming Expansion of Case Management Services Option.--
Section 1915(g)(1) of such Act (42 U.S.C. 1396n(g)(1)) is amended by
inserting ``or to individuals described in section 1902(z)(1)(A)''
after ``or with either,''.
(e) Conforming Amendment.--Section 1905(a) of such Act (42 U.S.C.
1396d(a)) is amended--
(1) by striking ``or'' at the end of clause (ix),
(2) by adding ``or'' at the end of clause (x), and
(3) by inserting after clause (x) the following new clause:
``(xi) individuals described in section 1902(z)(1),''.
(f) Effective Date.--The amendments made by this section shall
apply to medical assistance furnished on or after January 1, 1994,
without regard to whether or not final regulations to carry out such
amendments have been promulgated by such date. | Tuberculosis Prevention and Control Amendments of 1993 - Amends the Public Health Service Act to authorize appropriations for grants for the prevention, control, and elimination of tuberculosis.
Requires the Director of the National Institute of Allergy and Infectious Diseases to conduct or support research and research training regarding tuberculosis. Authorizes appropriations.
Amends title XIX (Medicaid) of the Social Security Act to mandate provision to eligible persons with tuberculosis of certain drugs and services under Medicaid. | Tuberculosis Prevention and Control Amendments of 1993 |
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.--No Federal entity may
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 entity 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; and
(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.
(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. COMMERCIAL OR FINANCIAL INFORMATION.
The provisions of section 2 do not apply to a request by a Federal
entity for any testimony or document that consists of only commercial
or financial information unrelated to newsgathering or news and
information dissemination by a covered person.
SEC. 4. COMPELLED DISCLOSURE PROHIBITED.
Notwithstanding any provision of section 2, in any proceeding or
in connection with any issue arising under Federal law, no Federal
entity may compel a covered person to disclose--
(1) the identity of a source of information--
(A) from whom the covered person obtained
information; and
(B) who the covered person believes to be a
confidential source; or
(2) any information that could reasonably be expected to
lead to the discovery of the identity of such a source.
SEC. 5. COMPELLED DISCLOSURE FROM THIRD PARTIES.
(a) Conditions for Compelled Disclosure.--The provisions of
sections 2, 3, and 4 shall apply to any testimony or document that a
Federal entity seeks from a third party if such testimony or document
consists of any record, information, or other communication that
relates to a business transaction between such third party and a
covered person. Such record, information, or other communication
includes any telephone record or other record held by a
telecommunications service provider, Internet service provider, or
operator of an interactive computer service for a business purpose.
(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 third party not later
than the time at which such subpoena or request is issued to
the third party; 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. 6. ACTIVITIES NOT CONSTITUTING A WAIVER.
The publication or dissemination of any testimony or document (or
portion of such testimony or document) sought under section 2 shall not
waive the requirements of such section. The publication or
dissemination of any testimony or document (or portion of such
testimony or document), identity, or information described in section 4
shall not waive the prohibition described in such section.
SEC. 7. DEFINITIONS.
In this Act:
(1) 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;
(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; or
(C) an employee, contractor, or other person who
gathers, edits, photographs, records, prepares, or
disseminates news or information for such an entity.
(2) The term ``document'' means writings, recordings, and
photographs, as those terms are defined by Federal Rule of
Evidence 1001 (28 U.S.C. App.).
(3) The term ``Federal entity'' means an entity or employee
of the judicial, legislative, or executive branch of the
Federal Government with the power to issue a subpoena or
provide other compulsory process.
(4) The term ``third party'' means a person other than a
covered person. | Free Flow of Information Act of 2005 - Prohibits Federal entities from compelling covered persons (specified media outlets or their employees) to testify or produce any document unless a court determines by clear and convincing evidence that: (1) the entity has unsuccessfully attempted to obtain such testimony or document from all non-covered persons; and (2) in a criminal matter, based on information from a non-covered person, there are reasonable grounds to believe a crime has occurred and the testimony or document is essential to the investigation, prosecution, or defense; or (3) in a non-criminal matter, based on information from a non-covered person, the testimony or document is essential to a dispositive issue of substantial importance.
Requires the content of compelled testimony or documents to be: (1) limited to the purpose of verifying published information; and (2) narrowly tailored in subject matter and time period covered.
Excludes certain commercial or financial information from coverage under this Act.
Prohibits compelled disclosure, notwithstanding this Act's conditions for such disclosure, of: (1) the identity of a confidential source; or (2) information reasonably expected to lead to the discovery of such identity.
Makes this Act applicable to testimony or documents sought from third parties that are related to business transactions with covered persons. Authorizes compelled disclosure in such cases only where the covered person has received notice and an opportunity to be heard.
States that publication or dissemination of testimony or documents does not waive the requirements for compelled disclosure set forth in this Act. | 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 ``New Options Petroleum Energy
Conservation Act of 2006''.
SEC. 2. CREDIT FOR ELECTRICITY PRODUCED FROM CLIMATE NEUTRAL COMBUSTION
PROCESSES.
(a) In General.--Paragraph (1) of section 45(c) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
subparagraph (G), by striking the period at the end of subparagraph (H)
and inserting ``, and'', and by adding at the end the following new
subparagraph:
``(I) any climate neutral combustion resource.''.
(b) Climate Neutral Combustion Resource.--Subsection (c) of section
45 of such Code is amended by adding at the end the following new
paragraph:
``(10) Climate neutral combustion resource.--The term
`climate neutral combustion resource' means any matter used as
a fuel in a qualified facility described in subsection
(d)(11).''.
(c) Climate Neutral Combustion Facility.--Subsection (d) of section
45 of such Code is amended by adding at the end the following new
paragraph:
``(11) Climate neutral combustion facility.--In the case of
a facility which burns climate neutral combustion resources to
produce electricity, the term `qualified facility' means any
facility which--
``(A) captures the carbon dioxide released during
combustion and uses such carbon dioxide to recover
hydrocarbon fuel from below ground,
``(B) produces no atmospheric emissions of mercury
or greenhouse gases and no emissions that form fine
particles, smog, or acid rain, and
``(C) is owned by the taxpayer and originally
placed in service after December 31, 2006.''.
(d) Effective Date.--The amendments made this section shall apply
to electricity produced and sold after December 31, 2006, in taxable
years ending after such date.
SEC. 3. EXTENSION OF ENERGY CREDIT FOR SOLAR ENERGY PROPERTY.
(a) In General.--Paragraph (2)(A)(i)(II) and paragraph (3)(A)(ii)
of section 48(a) of the Internal Revenue Code of 1986 (relating to
energy credit) are each amended by striking ``2008'' and inserting
``2012''.
(b) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 2007, in taxable years ending after
such date, under rules similar to the rules of section 48(m) of the
Internal Revenue Code of 1986 (as in effect on the day before the date
of the enactment of the Revenue Reconciliation Act of 1990).
SEC. 4. EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) In General.--Subsection (g) of section 25D of the Internal
Revenue Code of 1986 is amended by striking ``2007'' and inserting
``2011''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2007.
SEC. 5. PRIZE PROGRAM.
The Secretary of Energy shall establish a program to award a prize
in the amount of $1,000,000,000 to the first automobile manufacturer
incorporated in the United States to manufacture and sell in the United
States 60,000 midsized sedan automobiles which operate on gasoline and
can travel 100 miles per gallon.
SEC. 6. LITHIUM ION BATTERY TECHNOLOGY.
There are authorized to be appropriated to the Secretary of Energy
$30,000,000 for fiscal year 2007 for the development of advanced
lithium ion battery technology.
SEC. 7. EXPENSING OF PROPERTY USED IN THE REFINING OF ETHANOL,
METHANOL, AND BIODIESEL.
(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
179D the following new section:
``SEC. 179E. ELECTION TO EXPENSE CERTAIN PROPERTY USED IN REFINING
ETHANOL, METHANOL, AND BIODIESEL.
``(a) In General.--A taxpayer may elect to treat the cost of any
qualified biofuel property as an expense which is not chargeable to
capital account. Any cost so treated shall be allowed as a deduction
for the taxable year in which the property is placed in service.
``(b) Election.--An election under this section for any taxable
year shall be made on the taxpayer's return of the tax imposed by this
chapter for the taxable year. Such election shall be made in such
manner as the Secretary may by regulations prescribe. Any election made
under this section may not be revoked except with the consent of the
Secretary.
``(c) Qualified Biofuel Property.--For purposes of this section--
``(1) In general.--The term `qualified biofuel property'
means any property--
``(A) used for the refining of any biofuel, and
``(B) the original use of which commences with the
taxpayer.
``(2) Biofuel.--The term `biofuel' means qualified methanol
or ethanol fuel (as defined in section 4041(b)(2)(B)) and
biodiesel (as defined in section 40A(d)).
``(d) Dual Use Property.--In the case of any property which is used
for the refining of any biofuel and for any other use, the cost of such
property taken into account under subsection (a) shall be reduced by an
amount which bears the same ratio to the cost of such property as such
other uses bears to all uses of such property.
``(e) Coordination With 50 Percent Expensing of Refineries.--
Section 179C shall not apply to any property taken into account under
subsection (a).
``(f) Recapture.--Rules similar to the rules of section 179(d)(10)
shall apply with respect to any property which ceases to be qualified
biofuel property.''.
(b) Conforming Amendments.--
(1) Section 1245(a) of such Code is amended by inserting
``179E,'' after ``179D,'' both places it appears in paragraphs
(2)(C) and (3)(C).
(2) Section 263(a)(1) of such Code is amended by striking
``or'' at the end of subparagraph (J), by striking the period
at the end of subparagraph (K) and inserting ``, or'', and by
inserting after subparagraph (K) the following new
subparagraph:
``(L) expenditures for which a deduction is allowed
under section 179E.''.
(3) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179D'' each place it appears in the heading and
text and inserting ``179D, or 179E''.
(4) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 179D the following new item:
``Sec. 179E. Election to expense certain property used in refining
ethanol, methanol, and biodiesel.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | New Options Petroleum Energy Conservation Act of 2006 - Amends the Internal Revenue Code to include any climate neutral combustion resource as a qualified energy resource for purposes of the tax credit for producing electricity from renewable sources. Defines "climate neutral combustion resource" as any facility which: (1) captures and uses carbon dioxide released during combustion to recover hydrocarbon fuel; (2) produces no emissions of mercury or greenhouse gases and no emissions that form fine particles, smog, or acid rain; and (3) is owned by the taxpayer and is placed in service after 2006.
Extends through 2011 the tax credits for investment in solar energy property and for residential energy efficient property.
Directs the Secretary of Energy to establish a program to award $1 billion to the first U.S. automobile manufacturer who manufactures and sells in the United States 60,000 midsized sedans which operate on gasoline and can travel at 100 miles per gallon.
Authorizes appropriations for the development of advanced lithium ion battery technology.
Allows a taxpayer election to expense biofuel refining property | To provide incentives to reduce dependence on foreign oil. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Girls Count Act of 2015''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the United States Census Bureau's 2013
international figures, 1 person in 12--or close to 900,000,000
people--is a girl or young woman age 10 through 24.
(2) The Census Bureau's data also asserts that young people
are the fastest growing segment of the population in developing
countries.
(3) Even though most countries do have birth registration
laws, four out of ten babies born in 2012 were not registered
worldwide. Moreover, an estimated 36 percent of children under
the age of five worldwide (about 230 million children) do not
possess a birth certificate.
(4) A nationally recognized proof of birth system is
important to determining a child's citizenship, nationality,
place of birth, parentage, and age. Without such a system, a
passport, driver's license, or other identification card is
difficult to obtain. The lack of such documentation can prevent
girls and women from officially participating in and
benefitting from the formal economic, legal, and political
sectors in their countries.
(5) The lack of birth registration among girls worldwide is
particularly concerning as it can exacerbate the
disproportionate vulnerability of women to trafficking, child
marriage, and lack of access to health and education services.
(6) A lack of birth registration among women and girls can
also aggravate what, in many places, amounts to an already
reduced ability to seek employment, participate in civil
society, or purchase or inherit land and other assets.
(7) Girls undertake much of the domestic labor needed for
poor families to survive: carrying water, harvesting crops,
tending livestock, caring for younger children, and doing
chores.
(8) Accurate assessments of access to education, poverty
levels, and overall census activities are hampered by the lack
of official information on women and girls. Without this
rudimentary information, assessments of foreign assistance and
domestic social welfare programs are difficult to gauge
(9) To help ensure that women and girls are considered in
United States foreign assistance policies and programs, that
their needs are addressed in the design, implementation, and
evaluation of foreign assistance programs, and that women and
girls have the opportunity to succeed, it is important that
girls be counted and have access to birth certificates and
other official documentation.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) encourage countries to support the rule of law and
ensure girls and boys of all ages are able to fully participate
in society, including by providing birth certifications and
other official documentation;
(2) enhance training and capacity-building in key
developing countries, local nongovernmental organizations, and
other civil society organizations, including faith-based
organizations and organizations representing children and
families in the design, implementation, and monitoring of
programs under this Act, to effectively address the needs of
birth registries in countries where girls are systematically
undercounted; and
(3) incorporate into the design, implementation, and
evaluation of policies and programs measures to evaluate the
impact that such policies and programs have on girls.
SEC. 4. UNITED STATES ASSISTANCE TO SUPPORT COUNTING OF GIRLS IN THE
DEVELOPING WORLD.
(a) Authorization.--The Secretary and the Administrator are
authorized to prioritize and advance ongoing efforts to--
(1) support programs that will contribute to improved and
sustainable Civil Registration and Vital Statistics Systems
(CRVS) with a focus on birth registration;
(2) support programs that build the capacity of developing
countries' national and local legal and policy frameworks to
prevent discrimination against girls in gaining access to birth
certificates, particularly where this may help prevent
exploitation, violence, and other abuse; and
(3) support programs and key ministries, including programs
and ministries relating to interior, youth, and education, to
help increase property rights, social security, home ownership,
land tenure security, inheritance rights, access to education,
and economic and entrepreneurial opportunities, particularly
for women and girls.
(b) Coordination With Multilateral Organizations.--The Secretary
and the Administrator are authorized to coordinate with the World Bank,
relevant United Nations agencies and programs, and other relevant
organizations to encourage and work with countries to enact, implement,
and enforce laws that specifically collect data on girls and establish
registration programs to ensure girls are appropriately counted and
have the opportunity to be active participants in the social, legal,
and political sectors of society in their countries.
(c) Coordination With Private Sector and Civil Society
Organizations.--The Secretary and the Administrator are authorized to
work with the United States, international, and local private sector
and civil society organizations, including faith-based organizations,
to advocate for the registration and documentation of all girls and
boys in developing countries, in order to help prevent exploitation,
violence, and other abuses and to help provide economic and social
opportunities.
SEC. 5. REPORT.
The Secretary and the Administrator shall include in relevant
evaluations and reports to Congress the following information:
(1) To the extent practicable, a breakdown of United States
foreign assistance beneficiaries by age, gender, marital
status, location, and school enrollment status.
(2) A description, as appropriate, of how United States
foreign assistance benefits girls.
(3) Specific information, as appropriate, on programs that
address the particular needs of girls.
SEC. 6. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Foreign assistance.--The term ``foreign assistance''
has the meaning given the term in section 634(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394(b)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 7. SUNSET.
This Act shall expire on the date that is 5 years after the date of
the enactment of this Act. | Girls Count Act of 2015 Authorizes the Secretary of State and the Administrator of the U.S. Agency for International Development to: (1) support programs that will contribute to improved civil registration and vital statistics systems with a focus on birth registration; and (2) support programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls in gaining passport access and help increase property rights, social security, land tenure, economic opportunities, and inheritance rights for women. Authorizes the Secretary and the Administrator to cooperate with multilateral organizations and private sector and civil society organizations to promote such programs. | Girls Count Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Infrastructure and Technology
Modernization Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner responsible for United States Customs and Border
Protection of the Department of Homeland Security.
(2) Maquiladora.--The term ``maquiladora'' means an entity
located in Mexico that assembles and produces goods from
imported parts for export to the United States.
(3) Northern border.--The term ``northern border'' means
the international border between the United States and Canada.
(4) Southern border.--The term ``southern border'' means
the international border between the United States and Mexico.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Homeland Security.
SEC. 3. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY
PERSONNEL.
(a) Officers and Agents.--
(1) Increase in officers and agents.--During each of fiscal
years 2008 through 2012, the Secretary shall--
(A) increase the number of full-time agents and
associated support staff in United States Immigration
and Customs Enforcement of the Department of Homeland
Security by the equivalent of at least 100 more than
the number of such employees as of the end of the
preceding fiscal year; and
(B) increase the number of full-time officers,
agricultural specialists, and associated support staff
in the United States Customs and Border Protection of
the Department of Homeland Security by the equivalent
of at least 200 more than the number of such employees
as of the end of the preceding fiscal year.
(2) Waiver of fte limitation.--The Secretary is authorized
to waive any limitation on the number of full-time equivalent
personnel assigned to the Department of Homeland Security to
fulfill the requirements of paragraph (1).
(b) Training.--The Secretary, acting through the Assistant
Secretary for United States Immigration and Customs Enforcement and the
Commissioner, shall provide appropriate training for agents, officers,
agricultural specialists, and associated support staff of the
Department of Homeland Security on an ongoing basis to utilize new
technologies and to ensure that the proficiency levels of such
personnel are acceptable to protect the borders of the United States.
SEC. 4. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.
(a) Requirement To Update.--Not later than January 31 of each year,
the Commissioner, in consultation with the Administrator of General
Services shall--
(1) review the Port of Entry Infrastructure Assessment
Study prepared by United States Customs and Border Protection,
United States Citizenship and Immigration Services, and the
General Services Administration in accordance with the matter
relating to the ports of entry infrastructure assessment that
is set out in the joint explanatory statement in the conference
report accompanying H.R. 2490 of the 106th Congress, 1st
session (House of Representatives Rep. No. 106-319, on page 67)
and the nationwide strategy to prioritize and address the
infrastructure needs at the land ports-of-entry prepared by the
Department of Homeland Security and the General Services
Administration in accordance with the Senate report
accompanying H.R. 2555 of the 108th Congress, 1st session
(Senate Rep. No. 108-86, on page 22);
(2) update the assessment of the infrastructure needs of
all United States land ports of entry; and
(3) submit to Congress such updated assessment.
(b) Consultation.--In preparing the updated assessment required in
subsection (a), the Commissioner and the Administrator of General
Services shall consult with the Director of the Office of Management
and Budget, the Secretary, and appropriate officials from affected
State and local agencies on the northern border or the southern border.
(c) Contents.--Each updated assessment required in subsection (a)
shall--
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land
Border Security Plan required by section 5; and
(3) prioritize the projects described in paragraphs (1) and
(2) based on the ability of a project to--
(A) enhance the ability of United States Customs
and Border Protection to achieve its mission and to
support operations;
(B) fulfill security requirements; and
(C) facilitate trade across the borders of the
United States.
(d) Project Implementation.--As appropriate, the Commissioner shall
implement the infrastructure and technology improvement projects
described in subsection (c) in the order of priority assigned to each
project under paragraph (3) of such subsection, or forward the
prioritized list of infrastructure and technology improvement projects
to the Administrator of General Services for implementation in the
order of priority assigned to each project under such paragraph (3).
(e) Divergence From Priorities.--The Commissioner may diverge from
the priority order if the Commissioner determines that significantly
changed circumstances, including immediate security needs, changes in
infrastructure in Mexico or Canada, or other similar concerns
compellingly alter the need for a project in the United States.
SEC. 5. NATIONAL LAND BORDER SECURITY PLAN.
(a) Requirement for Plan.--Not later than January 31 of each year,
the Secretary, acting through the Commissioner, shall prepare a
National Land Border Security Plan and submit such plan to Congress.
(b) Consultation.--In preparing the plan required in subsection
(a), the Commissioner shall consult with appropriate officials from
other appropriate Federal agencies, and the State, local law
enforcement agencies, and private entities that are involved in
international trade across the northern border or the southern border.
(c) Vulnerability Assessment.--
(1) In general.--The plan required in subsection (a) shall
include a vulnerability assessment of each port of entry
located on the northern border or the southern border.
(2) Port security coordinators.--The Secretary, acting
through the Commissioner, may establish one or more port
security coordinators at each port of entry located on the
northern border or the southern border--
(A) to assist in conducting a vulnerability
assessment at such port; and
(B) to provide other assistance with the
preparation of the plan required under subsection (a).
SEC. 6. EXPANSION OF COMMERCE SECURITY PROGRAMS.
(a) Commerce Security Programs.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commissioner, in consultation
with the Secretary, shall develop a plan to expand the size and
scope, including personnel needs, of the Customs-Trade
Partnership Against Terrorism program or other voluntary
government-private sector programs to strengthen and improve
the overall security of the international supply chain and
United States border security along the northern border and
southern border.
(2) Southern border demonstration program.--Not later than
180 days after the date of the enactment of this Act, the
Commissioner shall establish a demonstration program along the
southern border for the purpose of implementing at least one
voluntary government-private sector program to strengthen and
improve the overall security of the international supply chain
and United States border security along such border. The
program selected for the demonstration program shall have been
successfully implemented along the northern border as of the
date of the enactment of this Act.
(b) Maquiladora Demonstration Program.--Not later than 180 days
after the date of the enactment of this Act, the Commissioner shall
establish a demonstration program to develop a cooperative trade
security system to improve supply chain security along the southern
border.
SEC. 7. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary, acting through the Commissioner,
shall carry out a technology demonstration program to test and evaluate
new port of entry technologies, refine port of entry technologies and
operational concepts, and train personnel under realistic conditions.
(b) Technology and Facilities.--
(1) Technology tested.--Under the demonstration program,
the Commissioner shall test technologies that enhance port of
entry operations, including those related to inspections,
communications, port tracking, identification of persons and
cargo, sensory devices, personal detection, decision support,
and the detection and identification of weapons of mass
destruction.
(2) Facilities developed.--At a demonstration site selected
pursuant to subsection (c)(2), the Commissioner shall develop
facilities to provide appropriate training to law enforcement
personnel who have responsibility for border security,
including cross-training among agencies, advanced law
enforcement training, and equipment orientation.
(c) Demonstration Sites.--
(1) Number.--The Commissioner shall carry out the
demonstration program at not fewer than three sites and not
more than five sites.
(2) Location.--At least one of the sites selected under
subsection (c) shall be located on the northern border of the
United States and at least one of the sites selected under
subsection (c) shall be located on the southern border of the
United States.
(3) Selection criteria.--To ensure that at least one of the
facilities selected as a port of entry demonstration site for
the demonstration program has the most up-to-date design,
contains sufficient space to conduct the demonstration program,
has a traffic volume low enough to easily incorporate new
technologies without interrupting normal processing activity,
and can efficiently carry out demonstration and port of entry
operations, at least one port of entry selected as a
demonstration site shall--
(A) have been established not more than 15 years
before the date of the enactment of this Act;
(B) consist of not less than 65 acres, with the
possibility of expansion onto not less than 25 adjacent
acres; and
(C) have serviced an average of not more than
50,000 vehicles per month in the 12 full months
preceding the date of the enactment of this Act.
(d) Relationship With Other Agencies.--The Secretary, acting
through the Commissioner, shall permit personnel from appropriate
Federal and State agencies to utilize a demonstration site described in
subsection (c) to test technologies that enhance port of entry
operations, including those related to inspections, communications,
port tracking, identification of persons and cargo, sensory devices,
personal detection, decision support, and the detection and
identification of weapons of mass destruction.
(e) Report.--
(1) Requirement.--Not later than one year after the date of
the enactment of this Act and annually thereafter, the
Secretary shall submit to Congress a report on the activities
carried out at each demonstration site under the technology
demonstration program established under this section.
(2) Content.--The report shall include an assessment by the
Commissioner of the feasibility of incorporating any
demonstrated technology for use throughout United States
Customs and Border Protection.
SEC. 8. PROJECT CONSOLIDATION AND STREAMLINING; LOCAL EMPLOYMENT
REQUIREMENTS.
(a) Project Consolidation and Streamlining.--With respect to the
implementation of infrastructure and technology improvement projects
under section 4(d), the Customs-Trade Partnership Against Terrorism
program or other voluntary government-private sector programs, the
Southern border demonstration program, and the Maquiladora
demonstration program under section 6, and the technology demonstration
program under section 7, the Commissioner shall take such actions as
are necessary to--
(1) consolidate, where appropriate, Federal, State, and
local government and tribal contracting activities; and
(2) review if Federal, State, or local government or tribal
entities are carrying out similar projects or programs.
(b) Review Process.--
(1) In general.--The Commissioner shall develop a
coordinated review process relating to the projects and
programs referred to in subsection (a) with respect to any
necessary environmental review, analysis, or permit and
licensing processes. Such processes shall be conducted
concurrently and completed within a specific time frame, as
determined by the Commissioner.
(2) Agreements for review.--The Commissioner is authorized
to enter into agreements with State or local governments or
tribal entities for review, permits, hearings, or other process
under paragraph (1) related to the projects and programs
referred to in subsection (a).
(3) Notification.--If the Commissioner determines that a
State or local government or tribal entity has not completed a
process within a specific time frame as required under
paragraph (1), the Commissioner shall promptly notify Congress
of such delay.
(4) No duplication.--The Commissioner shall ensure, to the
greatest extent practicable, that there is no duplication of
efforts among Federal, State, and local government and tribal
contracting activities with respect to the projects and
programs referred to in subsection (a).
(c) Local Employment Requirements.--
(1) In general.--In order to enter into a contract with the
Department of Homeland Security related to the projects and
programs referred to in subsection (a), a private business
shall submit to the Commissioner a certification that not less
than 50 percent of the employees of such business are local
residents.
(2) Waiver.--The Commissioner may waive the local
employment requirement of paragraph (1) if the Commissioner
determines that such requirement is inappropriate in light of
such a project or program.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to any funds otherwise available,
there are authorized to be appropriated--
(1) to carry out the provisions of section 3, such sums as
may be necessary for fiscal years 2008 through 2012;
(2) to carry out the provisions of section 4--
(A) to carry out subsection (a) of such section,
such sums as may be necessary for fiscal years 2008
through 2012; and
(B) to carry out subsection (d) of such section--
(i) $100,000,000 for each of fiscal years
2008 through 2012; and
(ii) such sums as may be necessary in any
succeeding fiscal year;
(3) to carry out the provisions of section 6--
(A) to carry out subsection (a) of such section--
(i) $30,000,000 for fiscal year 2008, of
which $5,000,000 shall be made available to
fund the demonstration project established in
paragraph (2) of such subsection; and
(ii) such sums as may be necessary for
fiscal years 2009 through 2012; and
(B) to carry out subsection (b) of such section--
(i) $5,000,000 for fiscal year 2008; and
(ii) such sums as may be necessary for
fiscal years 2009 through 2012; and
(4) to carry out the provisions of section 7, provided that
not more than $10,000,000 may be expended for technology
demonstration program activities at any one port of entry
demonstration site in any fiscal year--
(A) $50,000,000 for fiscal year 2008; and
(B) such sums as may be necessary for each of
fiscal years 2009 through 2012.
(b) International Agreements.--Funds authorized to be appropriated
in this Act may be used for the implementation of projects described in
the Declaration on Embracing Technology and Cooperation to Promote the
Secure and Efficient Flow of People and Commerce across our Shared
Border between the United States and Mexico, agreed to on March 22,
2002, in Monterrey, Mexico, (commonly known as the Border Partnership
Action Plan), or the Smart Border Declaration between the United States
and Canada, agreed to on December 12, 2001, in Ottawa, Canada, that are
consistent with the provisions of this Act. | Border Infrastructure and Technology Modernization Act of 2007 - Directs the Secretary of the Department of Homeland Security (DHS) to: (1) increase, during FY2008-FY2012, the number of agents in the U.S. Immigration and Customs Enforcement of the DHS and the number of officers and agricultural specialists in the U.S. Customs and Border Protection of the DHS; and (2) provide such agents, officers, and agricultural specialists new technology training to a level of proficiency acceptable to protect U.S. borders.
Directs the Commissioner of the U.S. Customs and Border Protection to review and update, and submit to Congress, the Port of Entry Infrastructure Assessment Study and the nationwide strategy to prioritize and address the infrastructure needs at the land ports-of-entry.
Directs the Secretary to prepare annually, and submit to Congress, a National Land Border Security Plan that includes a vulnerability assessment of each port of entry located on the U.S. northern and southern borders. Authorizes the Secretary to establish one or more port security coordinators at such ports of entry.
Directs the Commissioner to: (1) develop a plan to expand the Customs-Trade Partnership Against Terrorism program or other voluntary government-private sector programs to improve overall international supply chain security, including security along the U.S. northern and southern borders; and (2) establish a demonstration program to develop a cooperative trade security system to improve supply chain security along the southern border.
Directs the Secretary to carry out a technology demonstration program to test and evaluate new port of entry technologies that enhance port of entry inspections and the detection of weapons of mass destruction, and to train personnel in its use.
Sets forth streamlining procedures and certain local employment requirements for projects and programs under this Act. | To authorize appropriations for border and transportation security personnel and technology, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Breastfeeding
Promotion Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AMENDMENTS TO THE CIVIL RIGHTS ACT OF 1964
Sec. 101. Findings; purposes.
Sec. 102. Amendments to title VII of the Civil Rights Act of 1964.
TITLE II--CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE
ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR
EXPRESS MILK FOR THEIR CHILDREN
Sec. 201. Allowance of credit for employer expenses for providing
appropriate environment on business
premises for employed mothers to breastfeed
or express milk for their children.
TITLE III--SAFE AND EFFECTIVE BREAST PUMPS
Sec. 301. Short title.
Sec. 302. Breast pumps.
TITLE IV--DEFINITION OF MEDICAL CARE IN INTERNAL REVENUE CODE EXPANDED
TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES
Sec. 401. Definition of medical care expanded to include breastfeeding
equipment and services.
TITLE I--AMENDMENTS TO THE CIVIL RIGHTS ACT OF 1964
SEC. 101. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Women with infants and toddlers are a rapidly growing
segment of the labor force today.
(2) Statistical surveys of families show that over 50
percent of mothers with children less than 1 year of age are in
the labor force.
(3) The American Academy of Pediatrics recommends that
mothers breastfeed exclusively for six months but continuing
for at least the 1st year of a child's life and that
arrangements be made to allow a mother's expressing of milk if
mother and child must separate.
(4) Research studies show that children who are not
breastfed have higher rates of mortality, meningitis, some
types of cancers, asthma and other respiratory illnesses,
bacterial and viral infections, diarrhoeal diseases, ear
infections, allergies, and obesity.
(5) Research studies have also shown that breastmilk and
breastfeeding have protective effects against the development
of a number of chronic diseases, including juvenile diabetes,
lymphomas, Crohn's disease, celiac disease, some chronic liver
diseases, and ulcerative colitis.
(6) Maternal benefits of breastfeeding include a reduced
risk for postpartum hemorrhage and decreased risk for
developing osteoporosis, ovarian cancer, and premenopausal
breast cancer.
(7) The health benefits to children from breastfeeding
translate into a threefold decrease in parental absenteeism due
to infant illness.
(8) Congress intended to include breastfeeding and
expressing breast milk as protected conduct under the amendment
made by the Pregnancy Discrimination Act of 1978 to title VII
of the Civil Rights Act of 1964.
(9) Although title VII of the Civil Rights Act of 1964, as
so amended, applies with respect to ``pregnancy, childbirth, or
related medical conditions'', a few courts have failed to reach
the conclusion that breastfeeding and expressing breast milk in
the workplace are covered by such title.
(b) Purposes.--The purposes of this title are--
(1) to promote the health and well-being of infants whose
mothers return to the workplace after childbirth, and
(2) to clarify that breastfeeding and expressing breast
milk in the workplace are protected conduct under the amendment
made by the Pregnancy Discrimination Act of 1978 to title VII
of the Civil Rights Act of 1964.
SEC. 102. AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.
Section 701(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(k))
is amended--
(1) by inserting ``(including lactation)'' after
``childbirth'', and
(2) by adding at the end the following: ``For purposes of
this subsection, the term `lactation' means a condition that
may result in the feeding of a child directly from the breast
or the expressing of milk from the breast.''.
TITLE II--CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE
ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR
EXPRESS MILK FOR THEIR CHILDREN
SEC. 201. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING
APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED
MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN.
(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. CREDIT FOR EMPLOYER EXPENSES INCURRED TO FACILITATE
EMPLOYED MOTHERS WHO BREASTFEED OR EXPRESS MILK FOR THEIR
CHILDREN.
``(a) In General.--For purposes of section 38, the breastfeeding
promotion and support credit determined under this section for the
taxable year is an amount equal to 50 percent of the qualified
breastfeeding promotion and support expenditures of the taxpayer for
such taxable year.
``(b) Dollar Limitation.--The credit allowable under subsection (a)
for any taxable year shall not exceed $10,000.
``(c) Qualified Breastfeeding Promotion and Support Expenditure.--
For purposes of this section--
``(1) In general.--The term `qualified breastfeeding
promotion and support expenditure' means any amount paid or
incurred in connection with a trade or business of the
taxpayer--
``(A) for breast pumps and other equipment
specially designed to assist mothers who are employees
of the taxpayer to breastfeed or express milk for their
children but only if such pumps and equipment meet such
standards (if any) prescribed by the Secretary of
Health and Human Services, and
``(B) for consultation services to the taxpayer or
employees of the taxpayer relating to breastfeeding.
``(2) Costs of other exclusive use property included.--Such
term includes any amount paid or incurred for the acquisition
or lease of tangible personal property (not described in
paragraph (1)(A)) which is exclusively used by mothers who are
employees of the taxpayer to breastfeed or express milk for
their children unless such property is located in any residence
of the taxpayer or any employee of the taxpayer.
``(d) Recapture of Credit.--
``(1) In general.--If, during any taxable year, any
property for which a credit was allowed under this section is
disposed of or otherwise ceases to be used by the taxpayer as
required by this section, then the tax of the taxpayer under
this chapter for such taxable year shall be increased by an
amount equal to the recapture percentage of the aggregate
decrease in the credits allowed under section 38 for all prior
taxable years which would have resulted solely from reducing to
zero any credit determined under this section with respect to
such property. The preceding sentence shall not apply to
property leased to the taxpayer.
``(2) Recapture percentage.--For purposes of this
subsection, the recapture percentage shall be determined in
accordance with the following table:
The recapture
``If the recapture event occurs in: percentage is:
Year 1................................................. 100
Year 2................................................. 60
Year 3................................................. 30
Year 4 or thereafter................................... 0.
The references to years in the preceding table are references
to the consecutive taxable years beginning with the taxable
year in which the property is placed in service by the taxpayer
as year 1.
``(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (3) and (4), and subparagraphs (B) and (C) of
paragraph (5), of section 50(a) shall apply for purposes of
this subsection.
``(e) Special Rules.--For purposes of this section--
``(1) Aggregation rules.--For purposes of subsection (b),
all persons which are treated as a single employer under
subsection (a) or (b) of section 52 shall be treated as a
single taxpayer, and the dollar amount contained in such
subsection shall be allocated among such persons under
regulations prescribed by the Secretary.
``(2) Reduction in basis.--Rules similar to the rules of
paragraphs (1) and (2) of section 50(c), and section
1016(a)(19), shall apply with respect to property for which a
credit is determined under this section.
``(3) Other deductions and credits.--No deduction or credit
shall be allowed under any other provision of this chapter with
respect to any expenditure for which a credit is determined
under this section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code 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 breastfeeding promotion and support credit
determined under section 45R(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45R. Credit for employer expenses incurred to facilitate
employed mothers who breastfeed or express
milk for their children.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
TITLE III--SAFE AND EFFECTIVE BREAST PUMPS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Safe and Effective Breast Pumps
Act''.
SEC. 302. BREAST PUMPS.
(a) Performance Standards.--The Secretary of Health and Human
Services shall take such action as may be appropriate to put into
effect a performance standard for breast pumps irrespective of the
class to which the breast pumps have been classified under section 513
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c). In
establishing such standard, the Secretary shall identify those pumps
appropriate for use on a regular basis in a place of employment based
on the efficiency and effectiveness of the pump and on sanitation
factors related to communal use. Action to put into effect a
performance standard shall be taken within one year of the date of the
enactment of this Act.
(b) Compliance Policy Guide.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall
issue a compliance policy guide which will assure that women who want
to breastfeed a child are given full and complete information
respecting breast pumps.
TITLE IV--DEFINITION OF MEDICAL CARE IN INTERNAL REVENUE CODE EXPANDED
TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES
SEC. 401. DEFINITION OF MEDICAL CARE EXPANDED TO INCLUDE BREASTFEEDING
EQUIPMENT AND SERVICES.
(a) In General.--Paragraph (1) of section 213(d) of the Internal
Revenue Code of 1986 (defining medical care) is amended by striking
``or'' at the end of subparagraph (C), by striking the period at the
end of subparagraph (D) and inserting ``, or'', and by inserting after
subparagraph (D) the following:
``(E) qualified breastfeeding equipment and
services.''.
(b) Qualified Breastfeeding Equipment and Services.--Subsection (d)
of section 213 of such Code (relating to definitions) is amended by
adding at the end the following new paragraph:
``(12) Qualified breastfeeding equipment and services.--For
purposes of paragraph (1)(E), the term `qualified breastfeeding
equipment and services' means--
``(A) breast pumps and other equipment specially
designed to assist a mother to breastfeed or express
milk for her child but only if such pumps and equipment
meet the standards (if any) prescribed by the Secretary
of Health and Human Services, and
``(B) consultation services relating to
breastfeeding.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
TITLE V--PRIVACY FOR BREASTFEEDING MOTHERS
SEC. 501. PRIVACY FOR BREASTFEEDING MOTHERS.
(a) In General.--Section 7 of the Fair Labor Standards Act (29
U.S.C. 207) is amended by adding at the end the following:
``(r)(1) An employer shall provide reasonable break time for an
employee to express breast milk for her nursing child for 1 year after
the child's birth each time such employee has need to do so. The
employer shall make reasonable efforts to provide a place, other than a
bathroom, that is shielded from view and free from intrusion from co-
workers and the public, which may be used by an employee to express
breast milk. An employer shall not be required to compensate an
employee for any work time spent for such purpose.
``(2) For purposes of this subsection, the term `employer' means an
employer as defined in section 3(d) who employs 50 or more employees
for each working day during each of 20 or more calendar workweeks in
the current or preceding calendar year.''.
(b) Penalty.--Section 16(b) of such Act (29 U.S.C. 216(b)) is
amended by inserting after the first sentence the following: ``Any
employee who is harmed by a violation of section 7(r) of this Act may
bring an action to enjoin such violation and to recover such equitable
relief as may be appropriate to effectuate the purposes of such
section.''. | Breastfeeding Promotion Act of 2009 - Amends the Civil Rights Act of 1964 to include lactation (i.e., breastfeeding or the expressing of milk from the breast) as protected conduct under such Act.
Amends the Internal Revenue Code to allow employers a business-related tax credit for 50% of their qualified breastfeeding promotion and support expenditures, up to $10,000 for any taxable year. Defines "qualified breastfeeding promotion and support expenditures" as business expenses incurred for breast pumps and other equipment specially designed to assist mothers who are breastfeeding their children and for consultation services relating to breastfeeding. Expands the tax deduction for medical expenses to include expenses for breastfeeding equipment and consultation services.
Safe and Effective Breast Pumps Act - Directs the Secretary of Health and Human Services (HHS) to: (1) effect a performance standard for breast pumps without regard to their classification under the Federal Food, Drug, and Cosmetic Act; and (2) issue a compliance policy guide to provide women with information about breast pumps.
Amends the Fair Labor Standards Act to require employers with 50 or more employees to provide their breastfeeding employees with break time and private areas to express breast milk for their nursing children. | To amend the Civil Rights Act of 1964 to protect breastfeeding by new mothers; to provide for a performance standard for breast pumps; and to provide tax incentives to encourage breastfeeding. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Teen Pregnancy Act''.
SEC. 2. TEENAGE PREGNANCY PREVENTION.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXVIII--TEENAGE PREGNANCY PREVENTION
``SEC. 2801. TEENAGE PREGNANCY PREVENTION GRANTS.
``(a) Authority.--The Secretary may award on a competitive basis
grants to public and private entities to establish or expand teenage
pregnancy prevention programs.
``(b) Grant Recipients.--Grant recipients under this section may
include State and local not-for-profit coalitions working to prevent
teenage pregnancy, State, local, and tribal agencies, schools, entities
that provide afterschool programs, and community and faith-based
groups.
``(c) Priority.--In selecting grant recipients under this section,
the Secretary shall give--
``(1) highest priority to applicants seeking assistance for
programs targeting communities or populations in which--
``(A) teenage pregnancy or birth rates are higher
than the corresponding State average; or
``(B) teenage pregnancy or birth rates are
increasing; and
``(2) priority to applicants seeking assistance for
programs that--
``(A) will benefit underserved or at-risk
populations such as young males or immigrant youths; or
``(B) will take advantage of other available
resources and be coordinated with other programs that
serve youth, such as workforce development and
afterschool programs.
``(d) Use of Funds.--Funds received by an entity as a grant under
this section shall be used for programs that--
``(1) replicate or substantially incorporate the elements
of one or more teenage pregnancy prevention programs that have
been proven (on the basis of rigorous scientific research) to
delay sexual intercourse or sexual activity, increase condom or
contraceptive use (without increasing sexual activity), or
reduce teenage pregnancy; and
``(2) incorporate one or more of the following strategies
for preventing teenage pregnancy: encouraging teenagers to
delay sexual activity; sex and HIV education; interventions for
sexually active teenagers; preventive health services; youth
development programs; service learning programs; and outreach
or media programs.
``(e) Applications.--Each entity seeking a grant under this section
shall submit an application to the Secretary at such time and in such
manner as the Secretary may require.
``(f) Matching Funds.--
``(1) In general.--The Secretary may not award a grant to
an applicant for a program under this section unless the
applicant demonstrates that it will pay, from funds derived
from non-Federal sources, at least 25 percent of the cost of
the program.
``(2) Applicant's share.--The applicant's share of the cost
of a program shall be provided in cash or in kind.
``(g) Supplementation of Funds.--An entity that receives funds as a
grant under this section shall use the funds to supplement and not
supplant funds that would otherwise be available to the entity for
teenage pregnancy prevention.
``(h) Evaluations.--
``(1) In general.--The Secretary shall--
``(A) conduct or provide for a rigorous evaluation
of 10 percent of programs for which a grant is awarded
under this section;
``(B) collect basic data on each program for which
a grant is awarded under this section; and
``(C) upon completion of the evaluations referred
to in subparagraph (A), submit to the Congress a report
that includes a detailed statement on the effectiveness
of grants under this section.
``(2) Cooperation by grantees.--Each grant recipient under
this section shall provide such information and cooperation as
may be required for an evaluation under paragraph (1).
``(i) Definition.--For purposes of this section, the term `rigorous
scientific research' means based on a program evaluation that:
``(1) Measured impact on sexual or contraceptive behavior,
pregnancy or childbearing.
``(2) Employed an experimental or quasi-experimental design
with well-constructed and appropriate comparison groups.
``(3) Had a sample size large enough (at least 100 in the
combined treatment and control group) and a follow-up interval
long enough (at least six months) to draw valid conclusions
about impact.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2002, and such sums as may be necessary thereafter. In addition, there
are authorized to be appropriated for evaluations under subsection (h)
such sums as may be necessary for fiscal year 2002 and each fiscal year
thereafter.''. | Preventing Teen Pregnancy Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award, on a competitive basis, grants to public and private entities to establish or expand teenage pregnancy prevention programs. | To authorize the Secretary of Health and Human Services to award on a competitive basis grants to public and private entities to establish or expand teenage pregnancy prevention programs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Volunteer Protection Act of 1997''.
SEC. 2. FINDINGS AND PURPOSE.
The Congress finds and declares that--
(1) the willingness of volunteers to offer their services
is deterred by the potential for liability actions against them
and the organizations they serve;
(2) as a result, many nonprofit public and private
organizations and governmental entities, including voluntary
associations, social service agencies, educational
institutions, and other civic programs, have been adversely
affected by the withdrawal of volunteers from boards of
directors and service in other capacities;
(3) the contribution of these programs to their communities
is thereby diminished, resulting in fewer and higher cost
programs than would be obtainable if volunteers were
participating;
(4) because Federal funds are expended on useful and cost-
effective social service programs, many of which are national
in scope, depend heavily on volunteer participation, and
represent some of the most successful public-private
partnerships, protection of volunteerism through clarification
and limitation of the personal liability risks assumed by the
volunteer in connection with such participation is an
appropriate subject for Federal legislation;
(5) services and goods provided by volunteers and nonprofit
organizations would often otherwise be provided by private
entities that operate in interstate commerce;
(6) due to high liability costs and unwarranted litigation
costs, volunteers and nonprofit organizations face higher costs
in purchasing insurance, through interstate insurance markets,
to cover their activities; and
(7) reform efforts should respect the role of the States in
the development of civil justice rules, but recognize the
national Government's role.
(b) Purpose.--The purpose of this Act is to promote the interests
of social service program beneficiaries and taxpayers and to sustain
the availability of programs, nonprofit organizations, and governmental
entities that depend on volunteer contributions by reforming the laws
to provide certain protections from liability abuses related to
volunteers serving nonprofit organizations and governmental entities.
SEC. 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
(a) Preemption.--This Act preempts the laws of any State to the
extent that such laws are inconsistent with this Act, except that this
Act shall not preempt any State law that provides additional protection
from liability relating to--
(1) volunteers or to any category of volunteers in the
performance of services for a nonprofit organization or
governmental entity; and
(2) nonprofit organizations or governmental entities.
(b) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a volunteer,
nonprofit organization, or governmental entity in which all parties are
citizens of the State if such State enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provisions.
SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS.
(a) Liability Protection for Volunteers.--Except as provided in
subsections (b) and (d), no volunteer of a nonprofit organization or
governmental entity shall be liable for harm caused by an act or
omission of the volunteer on behalf of the organization or entity if--
(1) the volunteer was acting within the scope of the
volunteer's responsibilities in the nonprofit organization or
governmental entity at the time of the act or omission;
(2) if appropriate or required, the volunteer was properly
licensed, certified, or authorized by the appropriate
authorities for the activities or practice in the State in
which the harm occurred, where the activities were or practice
was undertaken within the scope of the volunteer's
responsibilities in the nonprofit organization or governmental
entity; and
(3) the harm was not caused by willful or criminal
misconduct, gross negligence, reckless misconduct, or a
conscious, flagrant indifference to the rights or safety of the
individual harmed by the volunteer.
(b) Concerning Responsibility of Volunteers to Organizations and
Entities.--Nothing in this section shall be construed to affect any
civil action brought by any nonprofit organization or any governmental
entity against any volunteer of such organization or entity.
(c) No Effect on Liability of Organization or Entity.--Except as
provided under subsection (e), nothing in this section shall be
construed to affect the liability of any nonprofit organization or
governmental entity with respect to harm caused to any person.
(d) Exceptions to Volunteer Liability Protection.--If the laws of a
State limit volunteer liability subject to one or more of the following
conditions, such conditions shall not be construed as inconsistent with
this section:
(1) A State law that requires a nonprofit organization or
governmental entity to adhere to risk management procedures,
including mandatory training of volunteers.
(2) A State law that makes the organization or entity
liable for the acts or omissions of its volunteers to the same
extent as an employer is liable for the acts or omissions of
its employees.
(3) A State law that makes a limitation of liability
inapplicable if the volunteer was operating a motor vehicle,
vessel, aircraft, or other vehicle for which the State requires
the operator or vehicle owner to possess an operator's license
or to maintain insurance.
(4) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of a
State or local government pursuant to State or local law.
(5) A State law that makes a limitation of liability
applicable only if the nonprofit organization or governmental
entity provides a financially secure source of recovery for
individuals who suffer harm as a result of actions taken by a
volunteer on behalf of the organization or entity. A
financially secure source of recovery may be an insurance
policy within specified limits, comparable coverage from a risk
pooling mechanism, equivalent assets, or alternative
arrangements that satisfy the State that the organization or
entity will be able to pay for losses up to a specified amount.
Separate standards for different types of liability exposure
may be specified.
(e) Limitation on Punitive Damages of Volunteers, Nonprofit
Organizations, and Governmental Entities.--
(1) General rule.--Punitive damages may not be awarded
against a volunteer, nonprofit organization, or governmental
entity in an action brought for harm because of the action of a
volunteer acting within the scope of the volunteer's
responsibilities to a nonprofit organization or governmental
entity unless the claimant establishes by clear and convincing
evidence that the harm was proximately caused by an action of
such volunteer which constitutes willful or criminal
misconduct, or a conscious, flagrant indifference to the rights
or safety of the individual harmed.
(2) Construction.--Paragraph (1) does not create a cause of
action for punitive damages and does not preempt or supersede
any State law to the extent that such law would further limit
the award of punitive damages.
(f) Exceptions to Limitations on Liability.--The limitations on the
liability of a volunteer, nonprofit organization, or governmental
entity under this section shall not apply to any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court;
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law; or
(5) where the defendant was under the influence (as
determined pursuant to applicable State law) of intoxicating
alcohol or any drug at the time of the misconduct.
SEC. 5. LIABILITY FOR NONECONOMIC LOSS.
(a) General Rule.--In any civil action against a volunteer,
nonprofit organization, or governmental entity based on an action of a
volunteer acting within the scope of the volunteer's responsibilities
to a nonprofit organization or governmental entity, the liability of
each defendant who is a volunteer, nonprofit organization, or
governmental entity for noneconomic loss shall be determined in
accordance with subsection (b).
(b) Amount of Liability.--
(1) In general.--Each defendant shall be liable only for
the amount of noneconomic loss allocated to the defendant in
direct proportion to the percentage of responsibility of the
defendant (determined in accordance with paragraph (2)) for the
harm to the claimant with respect to which the defendant is
liable. The court shall render a separate judgment against each
defendant in an amount determined pursuant to the preceding
sentence.
(2) Percentage of responsibility.--For purposes of
determining the amount of noneconomic loss allocated to a
defendant under this section, the trier of fact shall determine
the percentage of responsibility of each person responsible for
the claimant's harm, whether or not such person is a party to
the action.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment opportunities)
to the extent recovery for such loss is allowed under
applicable State law.
(2) Harm.--The term ``harm'' includes physical,
nonphysical, economic, and noneconomic losses.
(3) Noneconomic losses.--The term ``noneconomic losses''
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation and all other
nonpecuniary losses of any kind or nature.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(6) Volunteer.--The term ``volunteer'' means an individual
performing services for a nonprofit organization or a
governmental entity who does not receive--
(A) compensation (other than reimbursement or
allowance for expenses actually incurred); or
(B) any other thing of value in lieu of
compensation,
in excess of $500 per year, and such term includes a volunteer
serving as a director, officer, trustee, or direct service
volunteer.
SEC. 7. EFFECTIVE DATE.
(a) In General.--This Act shall take effect 90 days after the date
of enactment of this Act.
(b) Application.--This Act applies to any claim for harm caused by
an act or omission of a volunteer where that claim is filed on or after
the effective date of this Act, without regard to whether the harm that
is the subject of the claim or the conduct that caused the harm
occurred before such effective date. | Volunteer Protection Act of 1997 - States that this Act preempts inconsistent State law except when such law provides additional protection from liability relating to volunteers, nonprofit organizations, or governmental entities.
Exempts a volunteer of a nonprofit organization or governmental entity from liability for harm caused by an act or omission of the volunteer on behalf of such organization or entity if: (1) the volunteer was acting within the scope of his or her responsibilities at the time; (2) if appropriate or required, the volunteer was properly licensed or otherwise authorized for the activities or practice in the State in which the harm occurred; and (3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed.
Prohibits the award of punitive damages against a volunteer, organization, or entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct or a conscious, flagrant indifference to the rights or safety of the individual harmed. Provides exceptions.
Makes each volunteer, organization, or entity liable for noneconomic loss only in the amount allocated to such defendant in direct proportion to the percentage of responsibility for the harm for which the defendant is liable. Requires the trier of fact to determine such percentage of responsibility. | Volunteer Protection Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Grandparents Raising
Grandchildren Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 80 percent of Americans over the age of 65
are grandparents and more than 2,500,000 grandparents in the
United States are the primary caretaker of their grandchildren.
Experts report that such numbers are increasing as the opioid
epidemic expands.
(2) Grandparents' lives are enhanced by caring for their
grandchildren; the overwhelming majority of grandparents report
experiencing significant benefits in serving as their
grandchildren's primary caregivers.
(3) Providing full-time care to their grandchildren may
increase grandparents' likelihood of experiencing physical
illness and mental health problems and decrease their ability
to save for retirement.
(4) Grandparents raising grandchildren may face difficulty
enrolling their grandchildren in school, medical care, and
Federal assistance services.
(5) The Older Americans Act of 1965 (42 U.S.C. 3001 et
seq.) includes services that support grandfamilies, including
the National Family Caregiver Support Program.
(6) Grandparents would benefit from better coordination and
information about resources available to support them in their
caregiving responsibilities.
SEC. 3. FEDERAL TASK FORCE TO SUPPORT GRANDPARENTS RAISING
GRANDCHILDREN.
(a) Establishment.--There is established a Federal Task Force To
Support Grandparents Raising Grandchildren (referred to in this section
as the ``Task Force'').
(b) Membership.--
(1) In general.--The Task Force shall be composed of the
following members, or their designee:
(A) The Secretary of Health and Human Services.
(B) The Attorney General.
(C) The Administrator of the Administration for
Community Living.
(D) The Director of the Centers for Disease Control
and Prevention.
(E) The Assistant Secretary for Mental Health and
Substance Use.
(F) The Assistant Secretary for the Administration
for Children and Families.
(G) The head of each Federal department, agency, or
other governmental entity identified by the Secretary
of Health and Human Services as having
responsibilities, or administering programs, relating
to current issues affecting grandparents or other
relatives raising children in their care.
(2) Lead agency.--The Department of Health and Human
Services shall be the lead agency for the Task Force.
(3) Requirement.--Each member of the Task Force shall be an
officer or employee of the Federal Government.
(c) Duties.--
(1) In general.--
(A) Information.--The Task Force shall identify,
promote, coordinate, and disseminate information
publicly about Federal information, resources, and best
practices available, on the date of the determination,
to help grandparents or other relatives raising
children in their care meet the health, educational,
nutritional, and other needs of the children in their
care as well as maintain their own physical and mental
health and emotional well-being, including those
raising children in their care as a result of the
opioid epidemic.
(B) Native americans.--In carrying out the duties
described in subparagraph (A), the Task Force shall
ensure that the needs of members of Native American
tribes are addressed.
(2) Report.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Task Force shall
submit a report to the Special Committee on Aging and
the Committee on Health, Education, Labor, and Pensions
of the Senate that includes--
(i) best practices, resources, and other
useful information for grandparents and other
relatives raising children in their care; and
(ii) an identification of the gaps in needs
of grandparents and other relatives raising
children in their care.
(B) Follow-up report.--Not later than the date that
is 2 years after the date the report under subparagraph
(A) is submitted, the Task Force shall submit a follow-
up report to the Special Committee on Aging and the
Committee on Health, Education, Labor, and Pensions of
the Senate that includes the information described in
subparagraph (A).
(3) Process for public input.--The Task Force shall
establish a process for public input to inform the development
of, and updates to, the best practices, resources, and other
useful information and the gaps in needs described in paragraph
(2), including a process for the public to submit
recommendations to the Task Force and an opportunity for public
comment.
(d) Sunset.--The Task Force shall terminate on the date that is 5
years after the date of enactment of this Act. | Supporting Grandparents Raising Grandchildren Act This bill establishes a Federal Task Force to Support Grandparents Raising Grandchildren. The task force shall identify, promote, coordinate, and publicly disseminate information and resources to help grandparents or other relatives meet the needs of the children in their care and maintain their own health and emotional well-being. The task force terminates after five years. | Supporting Grandparents Raising Grandchildren Act |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Discretionary Spending Reduction
and Control Act of 1995''.
SEC. 2. DISCRETIONARY SPENDING LIMITS.
(a) Limits.--Section 601(a)(2) of the Congressional Budget Act of
1974 is amended by striking subparagraphs (A), (B), (C), (D), and (F),
by redesignating subparagraph (E) as subparagraph (A) and by striking
``and'' at the end of that subparagraph, and by inserting after
subparagraph (A) the following new subparagraphs:
``(B) with respect to fiscal year 1996--
``(i) for the defense category
$265,406,000,000 in new budget authority and
$264,043,000,000 in outlays; and
``(ii) for the nondefense category
$219,668,000,000 in new budget authority and
$267,725,000,000 in outlays;
``(C) with respect to fiscal year 1997--
``(i) for the defense category
$267,962,000,000 in new budget authority and
$265,734,000,000 in outlays; and
``(ii) for the nondefense category
$214,468,000,000 in new budget authority and
$254,561,000,000 in outlays;
``(D) with respect to fiscal year 1998--
``(i) for the defense category
$269,731,000,000 in new budget authority and
$264,531,000,000 in outlays; and
``(ii) for the nondefense category
$220,961,000,000 in new budget authority and
$248,101,000,000 in outlays;
``(E) with respect to fiscal year 1999, for the
discretionary category $482,207,000,000 in new budget
authority and $510,482,000,000 in outlays;
``(F) with respect to fiscal year 2000, for the
discretionary category $489,379,000,000 in new budget
authority and $514,234,000,000 in outlays;
``(G) with respect to fiscal year 2001, for the
discretionary category $496,601,000,000 in new budget
authority and $516,403,000,000 in outlays; and
``(H) with respect to fiscal year 2002, for the
discretionary category $498,837,000,000 in new budget
authority and $515,075,000,000 in outlays;''.
(b) Committee Allocations and Enforcement.--Section 602 of the
Congressional Budget Act of 1974 is amended--
(1) in subsection (c), by striking ``1995'' and inserting
``2002'' and by striking its last sentence; and
(2) in subsection (d), by striking ``1992 to 1995'' in the
side heading and inserting ``1995 to 2002'' and by striking
``1992 through 1995'' and inserting ``1995 through 2002''.
(c) Five-Year Budget Resolutions.--Section 606 of the Congressional
Budget Act of 1974 is amended--
(1) in subsection (a), by striking ``1992, 1993, 1994, or
1995'' and inserting ``1995, 1996, 1997, 1998, 1999, 2000,
2001, or 2002''; and
(2) in subsection (d)(1), by striking ``1992, 1993, 1994,
and 1995'' and inserting ``1995, 1996, 1997, 1998, 1999, 2000,
2001, and 2002'', and by striking ``(i) and (ii)''.
(d) Effective Date.--Section 607 of the Congressional Budget Act of
1974 is amended by striking ``1991 to 1998'' and inserting ``1995 to
2002''.
(e) Sequestration Regarding Crime Trust Fund.--(1) Section
251A(b)(1) of the Balanced Budget and Emergency Deficit Control Act of
1985 is amended by striking subparagraphs (B), (C), and (D) and its
last two sentences and inserting the following:
``(B) For fiscal year 1996, $1,827,000,000.
``(C) For fiscal year 1997, $3,082,000,000.
``(D) For fiscal year 1998, $3,840,000,000.
``(E) For fiscal year 1999, $4,415,000,000.
``(F) For fiscal year 2000, $4,874,000,000.
``The appropriate levels of new budget authority are as
follows: for fiscal year 1996, $3,357,000,000; for fiscal year
1997, $3,915,000,000; for fiscal year 1998, $4,306,000,000; for
fiscal year 1999, $5,089,000,000; and for fiscal year 2000,
$5,089,000,000.''.
(2) The last two sentences of section 310002 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14212) are repealed.
SEC. 3. GENERAL STATEMENT AND DEFINITIONS.
(a) General Statement.--Section 250(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking the first
sentence and inserting the following: ``This part provides for the
enforcement of deficit reduction through discretionary spending limits
and pay-as-you-go requirements for fiscal years 1995 through 2002.''.
(b) Definitions.--Section 250(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) The term `category' means all discretionary
appropriations.'';
(2) by striking paragraph (6) and inserting the following:
``(6) The term `budgetary resources' means new budget
authority, unobligated balances, direct spending authority, and
obligation limitations.'';
(3) in paragraph (9), by striking ``1992'' and inserting
``1995'';
(4) in paragraph (14), by striking ``1995'' and inserting
``2002''; and
(5) by striking paragraph (17) and by redesignating
paragraphs (18) through (21) as paragraphs (17) through (20),
respectively.
SEC. 4. ENFORCING DISCRETIONARY SPENDING LIMITS.
Section 251 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended--
(1) in the side heading of subsection (a), by striking
``1991-1998'' and inserting ``1995-2002'';
(2) in the first sentence of subsection (b)(1), by striking
``1992, 1993, 1994, 1995, 1996, 1997 or 1998'' and inserting
``1995, 1996, 1997, 1998, 1999, 2000, 2001, or 2002'' and by
striking ``through 1998'' and inserting ``through 2002'';
(3) in subsection (b)(1), by striking subparagraphs (B) and
(C) and by striking ``the following:'' and all that follows
through ``The adjustments'' and inserting ``the following: the
adjustments'';
(4) in subsection (b)(2), by striking ``1991, 1992, 1993,
1994, 1995, 1996, 1997, or 1998'' and inserting ``1995, 1996,
1997, 1998, 1999, 2000, 2001, or 2002''
and by striking ``through 1998'' and inserting ``through
2002'';
(5) by striking subparagraphs (A), (B), and (C) of
subsection (b)(2);
(6) in subsection (b)(2)(E), by striking clauses (i), (ii),
and (iii) and by striking ``(iv) if, for fiscal years 1994,
1995, 1996, 1997, and 1998'' and inserting ``If, for fiscal
years 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002''; and
(7) in subsection (b)(2)(F), strike everything after ``the
adjustment in outlays'' and insert ``for a category for a
fiscal year shall not exceed 0.5 percent of the adjusted
discretionary spending limit on outlays for that fiscal year in
fiscal year 1996, 1997, 1998, 1999, 2000, 2001, or 2002.''.
SEC. 5. ENFORCING PAY-AS-YOU-GO.
Section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended--
(1) in the side heading of subsection (a), by striking
``1992-1998'' and inserting ``1995-2002'';
(2) in subsection (d), by striking ``1998'' each place it
appears and inserting ``2002''; and
(3) in subsection (e), by striking ``1991 through 1998''
and inserting ``1995 through 2002'' and by striking ``through
1995'' and inserting ``through 2002''.
SEC. 6. REPORTS AND ORDERS.
Section 254 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended--
(1) in subsection (d)(2), by striking ``1998'' and
inserting ``2002''; and
(2) in subsection (g), by striking ``1998'' each place it
appears and inserting ``2002''.
SEC. 7. TECHNICAL CORRECTION.
Section 258 of the Balanced Budget and Emergency Deficit Control
Act of 1985, entitled ``Modification of Presidential Order'', is
repealed.
SEC. 8. EFFECTIVE DATE.
(a) Expiration.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``1995''
and inserting ``2002''.
(b) Expiration.--Section 14002(c)(3) of the Omnibus Budget
Reconciliation Act of 1993 (2 U.S.C. 900 note; 2 U.S.C. 665 note) is
repealed. | Discretionary Spending Reduction and Control Act of 1995 - Amends the Congressional Budget Act of 1974 to establish discretionary spending limits for FY 1996 through 2002.
Extends congressional committee allocation and enforcement provisions and the applicability of certain points of order through FY 2002.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise and extend the budgetary amounts through FY 2000 for the Violent Crime Reduction Trust Fund.
Revises the general statement of budget enforcement to apply to discretionary spending limits and pay-as-you-go requirements rather than expired maximum deficit amounts.
Extends enforcement of discretionary spending limits, pay-as-you-go requirements, and reporting requirements through FY 2002. | Discretionary Spending Reduction and Control Act of 1995 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Osteoporosis Early
Detection and Prevention Act of 2004''.
(b) Findings.--Congress makes the following findings:
(1) Nature of osteoporosis.--
(A) Osteoporosis is a disease characterized by low
bone mass and structural deterioration of bone tissue
leading to bone fragility and increased susceptibility
to fractures of the hip, spine, and wrist.
(B) Osteoporosis has no symptoms and typically
remains undiagnosed until a fracture occurs.
(C) Once a fracture occurs, the condition has
usually advanced to the stage where the likelihood is
high that another fracture will occur.
(D) There is no cure for osteoporosis, but drug
therapy has been shown to reduce new hip and spine
fractures by 50 percent and other treatments, such as
nutrition therapy, have also proven effective.
(2) Incidence of osteoporosis.--Osteoporosis is a common
condition:
(A) Of the 44 million Americans who have (or are at
risk for) osteoporosis, 80 percent are women.
(B) Annually there are 1.5 million bone fractures
attributable to osteoporosis.
(C) Half of all women, and one-fourth of all men,
age 50 or older will have a bone fracture due to
osteoporosis.
(3) Impact of osteoporosis.--The cost of treating
osteoporosis is significant:
(A) The annual cost of osteoporosis in the United
States was $17 billion in 2001.
(B) The average cost in the United States of
repairing a hip fracture due to osteoporosis is
$37,000, while the average cost of an osteoporosis
screening test ranges from $59 to $300.
(C) Fractures due to osteoporosis frequently result
in disability and institutionalization of individuals.
(D) Because osteoporosis is a progressive condition
causing fractures primarily in aging individuals,
preventing fractures particularly in post menopausal
women before they become eligible for medicare, has a
significant potential of reducing osteoporosis-related
costs under the medicare program.
(4) Use of bone mass measurement.--
(A) Bone mass measurement is a non-invasive,
painless, and reliable way to diagnose osteoporosis
before costly fractures occur.
(B) Low bone mass is as predictive of future
fractures as is high cholesterol or high blood pressure
of heart disease or stroke.
(C) Bone mass measurement is the only reliable
method of detecting osteoporosis at an early stage.
(D) Under section 4106 of the Balanced Budget Act
of 1997, medicare provides coverage, effective July 1,
1998, for bone mass measurement for qualified
individuals who are at risk of developing osteoporosis.
SEC. 2. REQUIRING COVERAGE OF BONE MASS MEASUREMENT UNDER HEALTH PLANS.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) 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 BONE MASS MEASUREMENT.
``(a) Requirements for Coverage of Bone Mass Measurement.--A group
health plan, and a health insurance issuer offering group health
insurance coverage, shall include (consistent with this section)
coverage for bone mass measurement for beneficiaries and participants
who are qualified individuals.
``(b) Definitions Relating to Coverage.--In this section:
``(1) Bone mass measurement.--The term `bone mass
measurement' means a radiologic or radioisotopic procedure or
other procedure approved by the Food and Drug Administration
performed on an individual for the purpose of identifying bone
mass or detecting bone loss or determining bone quality, and
includes a physician's interpretation of the results of the
procedure. Nothing in this paragraph shall be construed as
requiring a bone mass measurement to be conducted in a
particular type of facility or to prevent such a measurement
from being conducted through the use of mobile facilities that
are otherwise qualified.
``(2) Qualified individual.--The term `qualified
individual' means an individual who--
``(A) is at clinical risk for osteoporosis,
including an estrogen-deficient woman;
``(B) has vertebral abnormalities;
``(C) is receiving chemotherapy or long-term
gluococorticoid (steroid) therapy;
``(D) has primary hyperparathyroidism,
hyperthyroidism, or excess thyroid replacement; or
``(E) is being monitored to assess the response to
or efficacy of approved osteoporosis drug therapy.
``(c) Limitation on Frequency Required.--Taking into account the
standards established under section 1861(rr)(3) of the Social Security
Act, the Secretary shall establish standards regarding the frequency
with which a qualified individual shall be eligible to be provided
benefits for bone mass measurement under this section. The Secretary
may vary such standards based on the clinical and risk-related
characteristics of qualified individuals.
``(d) Restrictions on Cost-Sharing.--
``(1) In general.--Subject to paragraph (2), nothing in
this section shall be construed as preventing a group health
plan or issuer from imposing deductibles, coinsurance, or other
cost-sharing in relation to bone mass measurement under the
plan (or health insurance coverage offered in connection with a
plan).
``(2) Limitation.--Deductibles, coinsurance, and other
cost-sharing or other limitations for bone mass measurement may
not be imposed under paragraph (1) to the extent they exceed
the deductibles, coinsurance, and limitations that are applied
to similar services under the group health plan or health
insurance coverage.
``(e) 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 to an individual 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;
``(2) provide incentives (monetary or otherwise) to
individuals to encourage such individuals not to be provided
bone mass measurements to which they are entitled under this
section or to providers to induce such providers not to provide
such measurements to qualified individuals;
``(3) prohibit a provider from discussing with a patient
osteoporosis preventive techniques or medical treatment options
relating to this section; or
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided bone
mass measurements to a qualified individual in accordance with
this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to require an individual who is a participant or beneficiary
to undergo bone mass measurement.
``(g) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(g) 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.
``(h) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent 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.
``(i) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 2723(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) 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''.
(2) ERISA amendments.--(A) 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 BONE MASS MEASUREMENT.
``(a) Requirements for Coverage of Bone Mass Measurement.--A group
health plan, and a health insurance issuer offering group health
insurance coverage, shall include (consistent with this section)
coverage for bone mass measurement for beneficiaries and participants
who are qualified individuals.
``(b) Definitions Relating to Coverage.--In this section:
``(1) Bone mass measurement.--The term `bone mass
measurement' means a radiologic or radioisotopic procedure or
other procedure approved by the Food and Drug Administration
performed on an individual for the purpose of identifying bone
mass or detecting bone loss or determining bone quality, and
includes a physician's interpretation of the results of the
procedure. Nothing in this paragraph shall be construed as
requiring a bone mass measurement to be conducted in a
particular type of facility or to prevent such a measurement
from being conducted through the use of mobile facilities that
are otherwise qualified.
``(2) Qualified individual.--The term `qualified
individual' means an individual who--
``(A) is at clinical risk for osteoporosis,
including an estrogen-deficient woman;
``(B) has vertebral abnormalities;
``(C) is receiving chemotherapy or long-term
gluococorticoid (steroid) therapy;
``(D) has primary hyperparathyroidism,
hyperthyroidism, or excess thyroid replacement; or
``(E) is being monitored to assess the response to
or efficacy of approved osteoporosis drug therapy.
``(c) Limitation on Frequency Required.--The standards established
under section 2707(c) of the Public Health Service Act shall apply to
benefits provided under this section in the same manner as they apply
to benefits provided under section 2707 of such Act.
``(d) Restrictions on Cost-Sharing.--
``(1) In general.--Subject to paragraph (2), nothing in
this section shall be construed as preventing a group health
plan or issuer from imposing deductibles, coinsurance, or other
cost-sharing in relation to bone mass measurement under the
plan (or health insurance coverage offered in connection with a
plan).
``(2) Limitation.--Deductibles, coinsurance, and other
cost-sharing or other limitations for bone mass measurement may
not be imposed under paragraph (1) to the extent they exceed
the deductibles, coinsurance, and limitations that are applied
to similar services under the group health plan or health
insurance coverage.
``(e) 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 to an individual 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;
``(2) provide incentives (monetary or otherwise) to
individuals to encourage such individuals not to be provided
bone mass measurements to which they are entitled under this
section or to providers to induce such providers not to provide
such measurements to qualified individuals;
``(3) prohibit a provider from discussing with a patient
osteoporosis preventive techniques or medical treatment options
relating to this section; or
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided bone
mass measurements to a qualified individual in accordance with
this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to require an individual who is a participant or beneficiary
to undergo bone mass measurement.
``(g) 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.
``(h) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 731(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 712 the
following new item:
``714. Standards relating to benefits for bone mass measurement.''.
(b) Individual Health Insurance.--(1) 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 BONE MASS MEASUREMENT.
``(a) In General.--The provisions of section 2707 (other than
subsection (g)) 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(g) 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.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 2762(a) shall not be construed
as superseding a State law described in paragraph (1).''.
(2) 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 Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 2005.
(2) The amendments made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date. | Osteoporosis Early Detection and Prevention Act of 2004 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and an insurer offering group coverage, to include coverage for bone mass measurement for individuals who: (1) are at a clinical risk for osteoporosis, including estrogen-deficient women; (2) have vertebral abnormalities; (3) are receiving chemotherapy or long-term gluococorticoid (steroid) therapy; (4) have primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or (5) are being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. Allows the Secretary of Health and Human Services to regulate the frequency with which individuals will be provided this benefit. Permits cost sharing, including deductibles and coinsurance. Prohibits specified actions discouraging the use of this benefit, including: (1) denying coverage; (2) offering incentives to not obtain or provide bone mass measurements; (3) restricting provider-patient communications; and (4) penalizing or limiting reimbursements to providers. Allows State laws providing greater detection or prevention benefits. Amends the Public Health Service Act to apply these requirements to coverage offered in the individual market. | 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 qualified individuals for bone mass measurement (bone density testing) to prevent fractures associated with osteoporosis. |
SECTION 1. AMENDMENTS.
The Energy Policy and Conservation Act is amended--
(1) in section 2 (42 U.S.C. 6201)--
(A) by inserting ``and'' at the end of paragraph
(6);
(B) by striking ``; and'' at the end of paragraph
(7) and inserting in lieu thereof a period; and
(C) by striking paragraph (8);
(2) in section 321 (42 U.S.C. 6291)--
(A) by striking ``or, with respect to showerheads,
faucets, water closets, and urinals, water'' in
paragraph (1)(A);
(B) by striking ``incandescent reflector lamps,
showerheads, faucets, water closets, and urinals'' in
paragraph (1) and inserting in lieu thereof ``and
incandescent reflector lamps'';
(C) by striking ``, or, in the case of showerheads,
faucets, water closets, and urinals, water use,'' in
paragraph (6)(A);
(D) by striking ``(15), (16), (17),'' in paragraph
(6)(B);
(E) by striking ``325(r)'' in paragraph (6) and
inserting in lieu thereof ``325(p)'';
(F) by striking ``, and in the case of showerheads,
faucets, water closets, and urinals, the aggregate
retail cost of water and wastewater treatment services
likely to be incurred annually,'' in paragraph (7);
(G) by inserting at the end of paragraph (30) the
following new subparagraph:
``(T) The term `ANSI' means the American National
Standards Institute.''; and
(H) by striking paragraph (31);
(3) in section 322(a) (42 U.S.C. 6292(a))--
(A) by striking paragraphs (15) through (18); and
(B) by redesignating paragraph (19) as paragraph
(15);
(4) in section 323 (42 U.S.C. 6293)--
(A) by striking ``water use (in the case of
showerheads, faucets, water closets, and urinals),'' in
subsection (b)(3);
(B) by striking ``or, in the case of showerheads,
faucets, water closets, or urinals, water use'' in
subsection (b)(4);
(C) by striking ``, or in the case of showerheads,
faucets, water closets, or urinals, representative
average unit costs of water and wastewater treatment
service resulting from the operation of such products
during such cycle'' in subsection (b)(4);
(D) by striking ``, water, and wastewater
treatment'' in subsection (b)(4);
(E) by striking paragraphs (7) and (8) of
subsection (b);
(F) by striking ``or, in the case of showerheads,
faucets, water closets, and urinals, water use'' in
subsection (c)(1);
(G) by striking ``or, in the case of showerheads,
faucets, water closets, and urinals, water use'' in
subsection (c)(2);
(H) by striking ``, measured energy use, or
measured water use'' in subsection (e)(1) and inserting
in lieu thereof ``or measured energy use''; and
(I) by striking ``, energy use, or water use'' each
place it appears in paragraphs (2) and (3) of
subsection (e) and inserting in lieu thereof ``or
energy use'';
(5) in section 324 (42 U.S.C. 6294)--
(A) by striking subparagraphs (D) and (E) of
subsection (a)(2);
(B) by striking ``(19)'' each place it appears in
subsection (a)(3) and subsection (b) and inserting in
lieu thereof ``(15)'';
(C) by striking ``paragraphs (15) through'' in
subsection (b)(1)(B) and inserting in lieu thereof
``paragraph'';
(D) by striking ``(13), (14), (15), (16), (17), and
(18)'' in subsection (c)(7) and inserting in lieu
thereof ``(13) and (14)''; and
(E) by striking paragraph (8) of subsection (c);
(6) in section 325 (42 U.S.C. 6295)--
(A) by striking ``325(n)(1)'' in subsection
(i)(6)(B) and inserting in lieu thereof ``325(l)(1)'';
(B) by striking subsections (j) and (k);
(C) by redesignating subsections (l) through (t) as
subsections (j) through (r), respectively;
(D) by striking ``(19)'' in paragraphs (1) and (2)
of subsection (j), as so redesignated by subparagraph
(C) of this paragraph, and inserting in lieu thereof
``(15)'';
(E) by striking ``(o) and (p)'' in subsection
(j)(1), as so redesignated by subparagraph (C) of this
paragraph, and inserting in lieu thereof ``(m) and
(n)'';
(F) by striking ``(o) and (p)'' in subsection
(j)(3), as so redesignated by subparagraph (C) of this
paragraph, and inserting in lieu thereof ``(m) and
(n)'';
(G) by striking ``(o)(2)(B)(i)(II)'' in subsection
(l)(2)(C), as so redesignated by subparagraph (C) of
this paragraph, and inserting in lieu thereof
``(m)(2)(B)(i)(II)'';
(H) by striking ``or, in the case of showerheads,
faucets, water closets, or urinals, water use,'' in
subsection (m)(1), as so redesignated by subparagraph
(C) of this paragraph;
(I) by striking ``, or, in the case of showerheads,
faucets, water closets, or urinals, water efficiency,''
in subsection (m)(2)(A), as so redesignated by
subparagraph (C) of this paragraph;
(J) by striking ``, or as applicable, water,'' in
subsection (m)(2)(B)(i)(III), as so redesignated by
subparagraph (C) of this paragraph;
(K) by striking ``and water'' in subsection
(m)(2)(B)(i)(VI), as so redesignated by subparagraph
(C) of this paragraph;
(L) by striking ``, and as applicable, water,'' in
subsection (m)(2)(B)(iii), as so redesignated by
subparagraph (C) of this paragraph;
(M) by striking ``, in the case of showerheads,
faucets, water closets, or urinals, water, or'' in
subsection (m)(3)(B), as so redesignated by
subparagraph (C) of this paragraph; and
(N) by striking ``(o)'' both places it appears in
subsection (n)(3)(A), as so redesignated by
subparagraph (C) of this paragraph, and inserting in
lieu thereof ``(m)'';
(7) in section 326 (42 U.S.C. 6296)--
(A) by striking ``or water use'' in subsection
(b)(4); and
(B) by striking ``, energy use, or, in the case of
showerheads, faucets, water closets, and urinals, water
use'' in subsection (d)(1) and inserting in lieu
thereof ``or energy use'';
(8) in section 327 (42 U.S.C. 6297)--
(A) by striking ``consumption or water use'' in
subsection (a)(1) and inserting in lieu thereof
``consumption'';
(B) by striking ``, water use,'' in subsection
(a)(1)(A);
(C) by striking ``, energy efficiency, or water
use'' each place it appears in subsection (a)(1)(B),
subsection (b), subsection (c), and subsection
(d)(1)(A), and inserting in lieu thereof ``or energy
efficiency'';
(D) by amending paragraph (2) of subsection (a) to
read as follows:
``(2) For purposes of this section, the term `State regulation'
means a law, regulation, or other requirement of a State or its
political subdivisions.'';
(E) by striking ``flow rate requirements for
showerheads or faucets, or water use requirements for
water closets or urinals,'' in subsection (b)(1);
(F) by striking ``, or is a regulation (or portion
thereof) regulating showerheads'' and all that follows
through ``325(k) is applicable'' in subsection (b)(4);
(G) by inserting ``or'' at the end of paragraph (5)
of subsection (b);
(H) by striking ``; or'' at the end of paragraph
(6) of subsection (b) and inserting in lieu thereof a
period;
(I) by striking paragraph (7) of subsection (b);
(J) by striking ``subparagraphs (B) and (C) of
section 325(j)(3), and subparagraphs (B) and (C) of
section 325(k)(3)'' in subsection (c);
(K) by inserting ``or'' at the end of paragraph (2)
of subsection (c);
(L) by striking the semicolon at the end of
paragraph (3) of subsection (c) and inserting in lieu
thereof a period;
(M) by striking paragraphs (4), (5), and (6) of
subsection (c);
(N) by striking ``or river basin commission'' each
place it appears in subsection (d)(1)(A) and (B);
(O) by striking ``or water'' each place it appears
in subsection (d)(1)(B) and (C);
(P) by striking ``, and, with respect to a State''
and all that follows through ``water supply
development'' in subsection (d)(1)(C);
(Q) by striking ``or, if the State'' and all that
follows through ``emergency condition,'' in subsection
(d)(5)(B)(i);
(R) by striking ``or, in the case of a water
emergency condition, water or wastewater treatment,''
in subsection (d)(5)(B)(i)(I); and
(S) by striking ``or, in the case of a water
emergency condition, by the importation of water,'' in
subsection (d)(5)(B)(i)(II);
(9) in section 336(c)(2) (42 U.S.C. 6306(c)(2)), by
striking ``325(n)'' and inserting in lieu thereof ``325(l)'';
and
(10) in section 337 (42 U.S.C. 6307)--
(A) by striking ``(a) In General.--''; and
(B) by striking subsection (b). | Amends the Energy Policy and Conservation Act to repeal authority to regulate certain plumbing products and appliances, including showerheads, faucets, water closets, and urinals. | To amend the Energy Policy and Conservation Act to eliminate certain regulation of plumbing supplies. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Options for Veterans
Expedited Recovery Act'' or the ``COVER Act''.
SEC. 2. ESTABLISHMENT AND DUTIES.
(a) Establishment.--There is established the Veterans Expedited
Recovery Commission (in this Act referred to as the ``Commission'').
(b) Duties.--The Commission shall perform the following duties:
(1) Examine the efficacy of the evidence-based therapy
model used by the Secretary of Veterans Affairs for treating
mental health illnesses of veterans and identify areas to
improve wellness-based outcomes.
(2) Conduct a patient-centered survey within each of the
Veterans Integrated Service Networks to examine--
(A) the experience of veterans with the Department
of Veterans Affairs when seeking medical assistance for
mental health issues through the health care system of
the Department;
(B) the experience of veterans with non-Department
medical facilities and health professionals for
treating mental health issues;
(C) the preferences of veterans regarding available
treatments for mental health issues and which methods
the veterans believe to be most effective;
(D) the experience, if any, of veterans with
respect to the complementary alternative treatment
therapies described in subparagraphs (A) through (I) in
paragraph (3);
(E) the prevalence of prescribing prescription
medication among veterans seeking treatment through the
health care system of the Department as remedies for
addressing mental health issues; and
(F) the outreach efforts of the Secretary regarding
the availability of benefits and treatments for
veterans for addressing mental health issues, including
by identifying ways to reduce barriers to and gaps in
such benefits and treatments.
(3) Examine available research on complementary alternative
treatment therapies for mental health issues and identify what
benefits could be made with the inclusion of such treatments
for veterans, including with respect to--
(A) music therapy;
(B) equine therapy;
(C) training and caring for service dogs;
(D) yoga therapy;
(E) acupuncture therapy;
(F) meditation therapy;
(G) outdoor sports therapy;
(H) hyperbaric oxygen therapy;
(I) accelerated resolution therapy; and
(J) other therapies the Commission determines
appropriate.
(4) Study the potential increase of claims relating to
mental health issues submitted to the Secretary by veterans who
served in Operation Enduring Freedom, Operation Iraqi Freedom,
or Operation New Dawn, including an assessment of the resources
available within the Department to ensure that quality health
care demands relating to such claims can be delivered in a
timely manner.
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall be composed of 10
members, appointed as follows:
(A) Two members appointed by the Speaker of the
House of Representatives, at least one of whom shall be
a veteran.
(B) Two members appointed by the Minority Leader of
the House of Representatives, at least one of whom
shall be a veteran.
(C) Two members appointed by the Majority Leader of
the Senate, at least one of whom shall be a veteran.
(D) Two members appointed by the Minority Leader of
the Senate, at least one of whom shall be a veteran.
(E) Two members appointed by the President, at
least one of whom shall be a veteran.
(2) Qualifications.--Members of the Commission shall be--
(A) individuals who are of recognized standing and
distinction within the medical community with a
background in treating mental health;
(B) individuals with experience working with the
military and veteran population; and
(C) individuals who do not have a financial
interest in any of the complementary alternative
treatments reviewed by the Commission.
(b) Chairman.--The President shall designate a member of the
Commission to be the chairman.
(c) Period of Appointment.--Members of the Commission shall be
appointed for the life of the Commission.
(d) Vacancy.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(e) Appointment Deadline.--The appointment of members of the
Commission in this section shall be made not later than 90 days after
the date of the enactment of this Act.
SEC. 4. POWERS OF COMMISSION.
(a) Meeting.--
(1) Initial meeting.--The Commission shall hold its first
meeting not later than 30 days after a majority of members are
appointed to the Commission.
(2) Meeting.--The Commission shall regularly meet at the
call of the Chairman. Such meetings may be carried out through
the use of telephonic or other appropriate telecommunication
technology if the Commission determines that such technology
will allow the members to communicate simultaneously.
(b) Hearing.--The Commission may hold such hearings, sit and act at
such times and places, take such testimony, and receive evidence as the
Commission considers advisable to carry out the responsibilities of the
Commission.
(c) Information From Federal Agencies.--The Commission may secure
directly from any department or agency of the Federal Government such
information as the Commission considers necessary to carry out the
duties of the Commission.
(d) Information From Nongovernmental Organizations.--In carrying
out section 2(b), the Commission may seek guidance through consultation
with foundations, veterans service organizations, nonprofit groups,
faith-based organizations, private and public institutions of higher
education, and other organizations as the Commission determines
appropriate.
(e) Commission Records.--The Commission shall keep an accurate and
complete record of the actions and meetings of the Commission. Such
record shall be made available for public inspection and the
Comptroller General of the United States may audit and examine such
record.
(f) Personnel Matters.--Upon request of the chairman of the
Commission, the head of any department or agency of the Federal
Government may detail, on a reimbursable basis, any personnel of that
department or agency to assist the Commission in carrying out the
duties of the Commission.
(g) Compensation of Members; Travel Expenses.--Each member shall
serve without pay, except that each member shall receive travel
expenses to perform the duties of the Commission under section 2(b) of
this Act, including per diem in lieu of subsistence, at rates
authorized under subchapter I of chapter 57 of title 5, United States
Code.
(h) Staff.--The Chairman, in accordance with rules agreed upon by
the Commission, may appoint and fix the compensation of a staff
director and such other personnel as may be necessary to enable the
Commission to carry out its functions, without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, without regard to the provision of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that no rate of pay fixed under
this subsection may exceed the equivalent of that payable for a
position at a level IV of the Executive Schedule under section 5316 of
title 5, United States Code.
(i) Personnel as Federal Employees.--
(1) In general.--The executive director and any personnel
of the Commission are employees under section 2105 of title 5,
United States Code, for purpose of chapters 63, 81, 83, 84, 85,
87, 89, and 90 of such title.
(2) Members of the commission.--Paragraph (1) shall not be
construed to apply to members of the Commission.
(j) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriations Acts, enter into contracts to
enable the Commission to discharge the duties of the Commission under
this Act.
(k) Expert and Consultant Service.--The Commission may procure the
services of experts and consultants in accordance with section 3109 of
title 5, United States Code, at rates not to exceed the daily rate paid
to a person occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(l) Postal Service.--The Commission may use the United States mails
in the same manner and under the same conditions as departments and
agencies of the United States.
(m) Physical Facilities and Equipment.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act. These administrative services may include human
resource management, budget, leasing, accounting, and payroll services.
SEC. 5. REPORT.
(a) Interim Reports.--
(1) In general.--Not later than 60 days after the date on
which the Commission first meets, and each 30-day period
thereafter ending on the date on which the Commission submits
the final report under subsection (b), the Commission shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate and the President a report
detailing the level of cooperation the Secretary of Veterans
Affairs (and the heads of other departments or agencies of the
Federal Government) has provided to the Commission.
(2) Other reports.--In carrying out the duties pursuant to
section 2(b), at times that the Commission determines
appropriate, the Commission shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the
Senate and any other appropriate entities an interim report
with respect to the findings identified by the Commission.
(b) Final Report.--Not later than 18 months after the first meeting
of the Commission, the Commission shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the Senate, the
President, and the Secretary of Veterans Affairs a final report on the
findings of the Commission. Such report shall include the following:
(1) Recommendations to implement in a feasible, timely, and
cost-effective manner the solutions and remedies identified
within the findings of the Commission pursuant to section 2(b).
(2) An analysis of the evidence-based therapy model used by
the Secretary of Veterans Affairs for treating veterans with
mental health care issues, and an examination of the prevalence
and efficacy of prescription drugs as a means for treatment.
(3) The findings of the patient-centered survey conducted
within each of the Veterans Integrated Service Networks
pursuant to section 2(b)(2).
(4) An examination of complementary alternative treatments
described in section 2(b)(3) and the potential benefits of
incorporating such treatments in the therapy model used by the
Secretary for treating veterans with mental health issues.
(c) Plan.--Not later than 90 days after the date on which the
Commission submits the final report under subsection (b), the Secretary
of Veterans Affairs shall submit to the Committees on Veterans' Affairs
of the House of Representatives and the Senate a report on the
following:
(1) An action plan for implementing the recommendations
established by the Commission on such solutions and remedies
for improving wellness-based outcomes for veterans with mental
health care issues.
(2) A feasible timeframe on when complementary alternative
treatments described in section 2(b)(3) can be implemented
Department-wide.
(3) With respect to each recommendation established by the
Commission, including regarding any complementary alternative
treatment, that the Secretary determines is not appropriate or
feasible to implement, a justification for each such
determination and an alternative solution to improve the
efficacy of the therapy model used by the Secretary for
treating veterans with mental health issues.
SEC. 6. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after the Commission submits
the final report under section 5(b). | Creating Options for Veterans Expedited Recovery Act or the COVER Act Establishes the Veterans Expedited Recovery Commission to examine the evidence-based therapy treatment model used by the Department of Veterans Affairs (VA) for treating mental health conditions of veterans and the potential benefits of incorporating complementary alternative treatments available in non-VA facilities and study the potential increase in claims relating to mental health issues submitted by veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn. Directs the VA, upon a report by the Commission, to submit: (1) an action plan for implementing recommendations and a time frame for implementing complementary alternative treatments, or (2) a justification for any determination that a recommendation is not appropriate and an alternative solution to improve the efficacy of the therapy model. | COVER Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Our Climate Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Intergovernmental Panel on Climate Change (IPCC)
has concluded that human emissions of greenhouse gases,
particularly carbon dioxide are responsible for global climate
change.
(2) The IPCC has estimated that global temperatures will
rise between 3.2-7.2 degrees Farenheit in the next 100 years if
carbon dioxide emissions are not dramatically reduced.
(3) An increase of even a few degrees could have major
adverse impacts on both the human and man-made environments,
due to rising sea-levels, intensification of weather events,
mass extinction of species, and scarcity of water.
(4) The United States is responsible for nearly 24 percent
of the world's carbon dioxide emissions, equaling approximately
six billion metric tons of carbon dioxide per year.
(5) In order to stabilize the earth's climate and prevent
catastrophic global climate change, the level of worldwide
carbon dioxide emissions need to be reduced 80 percent by 2050.
(6) A tax on fossil fuels based on carbon content will
reduce the incentive to burn those fuels, thereby reducing
carbon dioxide emissions.
(7) Revenue collected from a tax on fossil fuels could be
used to decrease taxes on low and middle-income taxpayers, to
fund research and development of alternative green energy
sources, or to increase funding for other domestic social
priorities.
SEC. 3. IMPOSITION OF CARBON TAX ON PRIMARY FOSSIL FUELS.
(a) General Rule.--Chapter 38 of the Internal Revenue Code of 1986
(relating to environmental taxes) is amended by adding at the end
thereof the following new subchapter:
``Subchapter E--Carbon Tax on Primary Fossil Fuels
``Sec. 4691. Imposition of tax.
``SEC. 4691. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed a tax on any taxable
fuel sold by the manufacturer, producer, or importer thereof.
``(b) Amount of Tax.--
``(1) In general.--The amount of tax imposed by subsection
(a) on any taxable fuel shall be an equivalent amount to $10
per ton of carbon content in such fuel, as determined by the
Secretary in consultation with the Secretary of Energy.
``(2) Annual increase in amount of tax.--For each calendar
year beginning after 2009 and ending with the year after the
target attainment year, paragraph (1) shall be applied by
substituting for `$10' the following: `the amount in effect
under this paragraph for the preceding calendar year, increased
by $10,'.
``(3) Rate freeze after target attainment.--For the second
year after the target attainment year and each year thereafter,
the amount in effect under paragraph (1) shall be the amount in
effect under paragraph (1) for the first year after the target
attainment year.
``(4) Target attainment year.--For purposes of paragraph
(2), a calendar year is the target attainment year if the level
of carbon dioxide emissions in the United States for the
calendar year does not exceed 20 percent of the level of carbon
dioxide emissions in the United States for calendar year 1990,
as determined by the Energy Information Administration,
Department of Energy.
``(c) Taxable Fuel.--For purposes of this section, the term
`taxable fuel' means--
``(1) coal (including lignite and peat),
``(2) petroleum and any petroleum product (as defined in
section 4612(a)(3)), and
``(3) natural gas,
which is extracted, manufactured, or produced in the United States or
entered into the United States for consumption, use, or warehousing.
``(d) Other Definitions.--For purposes of this section--
``(1) United states.--The term `United States' has the
meaning given such term by section 4612(a)(4).
``(2) Importer.--The term `importer' means the person
entering the taxable fuel for consumption, use, or warehousing.
``(3) Ton.--The term `ton' means 2,000 pounds. In the case
of any taxable fuel which is a gas, the term `ton' means the
amount of such gas in cubic feet which is the equivalent of
2,000 pounds on a molecular weight basis.
``(e) Exception.--No tax shall be imposed by subsection (a) on the
sale or in-kind exchange of any taxable fuel for deposit in the
Strategic Petroleum Reserve established under part B of title I of the
Energy Policy and Conservation Act.
``(f) Special Rules.--
``(1) Only 1 tax imposed with respect to any product.--No
tax shall be imposed by subsection (a) with respect to a
taxable fuel if, with respect to such fuel, the person who
would be liable for such tax establishes that a prior tax
imposed by such subsection has been imposed and no refund or
credit with respect to such tax is allowed under subsection
(g).
``(2) Fractional part of ton.--In the case of a fraction of
a ton, the tax imposed by subsection (a) shall be the same
fraction of the amount of such tax imposed on a whole ton.
``(3) Use and certain exchanges by manufacturer, etc.--
``(A) Use treated as sale.--If any person
manufactures, produces, or imports any taxable fuel and
uses such fuel, then such person shall be liable for
tax under subsection (a) in the same manner as if such
fuel were sold by such person.
``(B) Special rules for inventory exchanges.--
``(i) In general.--Except as provided in
this subparagraph, in any case in which a
manufacturer, producer, or importer of a
taxable fuel exchanges such fuel as part of an
inventory exchange with another person--
``(I) such exchange shall not be
treated as a sale, and
``(II) such other person shall, for
purposes of subsection (a), be treated
as the manufacturer, producer, or
importer of such fuel.
``(ii) Registration requirement.--Clause
(i) shall not apply to any inventory exchange
unless--
``(I) both parties are registered
with the Secretary as manufacturers,
producers, or importers of taxable
fuels, and
``(II) the person receiving the
taxable fuel has, at such time as the
Secretary may prescribe, notified the
manufacturer, producer, or importer of
such person's registration number and
the internal revenue district in which
such person is registered.
``(iii) Inventory exchange.--For purposes
of this subparagraph, the term `inventory
exchange' means any exchange in which 2 persons
exchange property which is, in the hands of
each person, property described in section
1221(a)(1).
``(g) Refund or Credit for Certain Uses.--
``(1) Manufacture or production of another taxable fuel.--
Under regulations prescribed by the Secretary, if--
``(A) a tax under subsection (a) was paid with
respect to any taxable fuel, and
``(B) such fuel was used by any person in the
manufacture or production of any other substance which
is a taxable fuel,
then a credit or refund (without interest) shall be allowed, in
the same manner as if it were an overpayment of tax imposed by
subsection (a), to such person in an amount equal to the tax so
paid.
``(2) Embedded or sequestered carbon.--Under regulations
prescribed by the Secretary, if--
``(A) a tax under subsection (a) was paid with
respect to any taxable fuel,
``(B) a person uses such fuel in the manufacture or
production of any substance which is not a taxable
fuel, and
``(C) in the process of such manufacture or
production, carbon in such fuel is embedded or
sequestered,
then a credit or refund (without interest) shall be allowed to
such person in the same manner as if it were an overpayment of
tax imposed by subsection (a). The amount of such credit or
refund shall be an amount equal to the amount of tax in effect
under subsection (a) with respect to such fuel for the calendar
year in which such manufacture or production occurred,
determined on the basis of carbon so embedded or sequestered.
``(3) Limitation.--In any case to which paragraph (1) or
(2) applies, the amount of any such credit or refund shall not
exceed the amount of tax imposed by subsection (a) on the
taxable fuel used in such manufacture or production (or which
would have been imposed by such subsection on such other fuel
but for subsection (h)).
``(h) Exemption for Exports of Taxable Fuels.--
``(1) Tax-free sales.--
``(A) In general.--No tax shall be imposed by
subsection (a) on the sale by the manufacturer or
producer of any taxable fuel for export or for resale
by the purchaser to a second purchaser for export.
``(B) Proof of export required.--Rules similar to
the rules of section 4221(b) shall apply for purposes
of subparagraph (A).
``(2) Credit or refund where tax paid.--
``(A) In general.--Except as provided in
subparagraph (B), if--
``(i) tax under subsection (a) was paid
with respect to any taxable fuel, and
``(ii)(I) such fuel was exported by any
person, or
``(II) such fuel was used as a material in
the manufacture or production of a taxable fuel
which was exported by any person and which, at
the time of export, was a taxable fuel,
credit or refund (without interest) of such tax shall
be allowed or made to the person who paid such tax.
``(B) Condition to allowance.--No credit or refund
shall be allowed or made under subparagraph (A) unless
the person who paid the tax establishes that he--
``(i) has repaid or agreed to repay the
amount of the tax to the person who exported
the taxable fuel, or
``(ii) has obtained the written consent of
such exporter to the allowance of the credit or
the making of the refund.
``(C) Refunds directly to exporter.--The Secretary
shall provide, in regulations, the circumstances under
which a credit or refund (without interest) of the tax
under subsection (a) shall be allowed or made to the
person who exported the taxable fuel, where--
``(i) the person who paid the tax waives
his claim to the amount of such credit or
refund, and
``(ii) the person exporting the taxable
fuel provides such information as the Secretary
may require in such regulations.
``(3) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection.''.
(b) Study.--Not later than 5 years after the date of the enactment
of this Act, and every 5 years thereafter, the Secretary of the
Treasury, in consultation with the Secretary of Energy, shall conduct a
study on the environmental, economic, and revenue impacts regarding the
tax imposed by subchapter E of chapter 38 of the Internal Revenue Code
of 1986 (relating to carbon tax on primary fossil fuels). The Secretary
shall submit each study to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate.
(c) Clerical Amendment.--The table of subchapters for chapter 38 of
such Code is amended by adding at the end thereof the following new
item:
``subchapter e. carbon tax on primary fossil fuels''.
(d) Effective Date.--The amendments made by this section shall
apply to sales after the date of the enactment of this Act. | Save Our Climate Act of 2009 - Amends the Internal Revenue Code to impose an excise tax on the carbon content of any taxable fuel sold by a manufacturer, producer, or importer. Sets the amount of such tax at $10 per ton of the carbon content in such fuel, with annual increases in the amount of such tax until the second year after the level of carbon dioxide emissions in the United States for the calendar year does not exceed 20% of the level for 1990. Defines "taxable fuel" as coal (including lignite and peat), petroleum and any petroleum product, and natural gas. Exempts from such tax the sale or in-kind exchange of fuel for deposit in the Strategic Petroleum Reserve and certain exports or resales of such fuel. | To amend the Internal Revenue Code of 1986 to reduce emissions of carbon dioxide by imposing a tax on primary fossil fuels based on their carbon content. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Discovery Trails Act of
1996''.
SEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.
(a) National Discovery Trails Established.--Section 3(a) of the
National Trails System Act (16 U.S.C. 1242(a)) is amended by inserting
after paragraph (4) the following:
``(5) National discovery trails, established under section
5, which will be extended, continuous interstate trails so
located as to provide for outstanding outdoor recreation and
travel and to connect representative examples of America's
trails and communities. National discovery trails should
provide for the conservation and enjoyment of significant
natural, cultural, and historic resources associated with each
trail and should be so located as to represent metropolitan,
urban, rural, and back-country regions of the Nation. The
appropriate Secretary shall administer national discovery
trails in cooperation with a nonprofit organization.''.
(b) Designation of the American Discovery Trail as a National
Discovery Trail.--Section 5(a) of such Act (16 U.S.C. 1244(a)) is
amended--
(1) by redesignating the paragraph relating to the
California National Historic Trail as paragraph 18;
(2) by redesignating the paragraph relating to the Pony
Express National Historic Trail as paragraph 19; and
(3) by adding at the end the following:
``(20) The American Discovery Trail, a trail of approximately 6,000
miles extending from Cape Henlopen State Park in Delaware to Point
Reyes National Seashore in California, traveling through Delaware,
Maryland, Washington, DC, West Virginia, Ohio, and Kentucky, where near
Cincinnati it splits into 2 routes. The Northern Midwest route winds
through Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the
Southern Midwest route explores Indiana, Illinois, Missouri, Kansas,
and Colorado. After rejoining in Denver, Colorado, the route continues
through Colorado, Utah, Nevada, and California. The trail is generally
described in volume 2 of the National Park Service feasibility study
dated June 1995 which shall be on file and available for public
inspection in the office of the Director of the National Park Service,
Department of the Interior, Washington, DC. The American Discovery
Trail shall be administered by the Secretary of the Interior in
cooperation with a nonprofit organization and other affected land
managing agencies. No lands or interests outside the exterior
boundaries of federally administered areas may be acquired by the
United States solely for the American Discovery Trail. This trail is
exempted from sections 5(d), 7(e), 7(f), and 7(g).''.
(c) Comprehensive National Scenic Trail Plan.--Section 5(e) of such
Act (16 U.S.C. 1244(e)) is amended by striking the first sentence
through ``as part of the system,'' and inserting ``Within two complete
fiscal years of the date of enactment of legislation designating a
national scenic trail, except for the Continental Divide National
Scenic Trail and the North Country National Scenic Trail, or a national
discovery trail, except for the American Discovery Trail, as part of
the system,''.
(d) Comprehensive Plan for American Discovery Trail.--Section 5 of
such Act (16 U.S.C. 1244) is amended by adding at the end the
following:
``(g) The Secretary of the Interior shall enter into arrangements
with a nonprofit organization to submit (within 3 complete fiscal years
after the date of the enactment of this subsection) a comprehensive
plan for the protection, management, development, and use of the
American Discovery Trail, to the Committee on Resources of the United
States House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate. The Secretary shall ensure that
the comprehensive plan does not conflict with any existing agency
direction and that the nonprofit organization consults with affected
Federal land-managing agencies, the Governors of the affected States,
county and local political jurisdictions, and local organizations
maintaining components of the trail. Mandatory components of the
comprehensive plan include--
``(1) specific objectives and practices to be observed in
the administration and management of the trail, including the
identification of all significant natural, historical, and
cultural resources to be preserved, model agreements necessary
for joint trail administration among and between interested
parties, and an identified carrying capacity of the trail and a
plan for its implementation;
``(2) a trail protection plan to preserve the values for
which the trail is being established and recognized by the
Federal Government;
``(3) general and site-specific development plans,
including anticipated costs; and
``(4) the process to be followed by the nonprofit
organization in partnership with the Secretary of the Interior
to mark the trail under section 7(c) of this Act.''.
SEC. 3. CONFORMING AMENDMENTS.
The National Trails System Act is amended--
(1) in section 2(b) (16 U.S.C. 1241(b)), by striking
``scenic and historic'' and inserting ``scenic, historic, and
discovery'';
(2) in the section heading to section 5 (16 U.S.C. 1244),
by striking ``and national historic'' and inserting ``,
national historic, and national discovery'';
(3) in section 5(a) (16 U.S.C. 1244(a))--
(A) by striking ``and national historic'' and
inserting ``, national historic, and national
discovery''; and
(B) by striking ``and National Historic'' and
inserting ``, National Historic, and National
Discovery'' ;
(4) in section 5(b) (16 U.S.C. 1244(b)), by striking ``or
national historic'' and inserting ``, national historic, or
national discovery'';
(5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking
``or national historic'' and inserting ``, national historic,
or national discovery'';
(6) in section 5(d) (16 U.S.C. 1244(d)), by striking ``or
national historic'' and inserting ``, national historic, or
national discovery'';
(7) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking
``and national historic'' and inserting ``, national historic,
and national discovery'';
(8) in section 7(b) (16 U.S.C. 1246(b)), by striking ``or
national historic'' each place such term appears and inserting
``, national historic, or national discovery'';
(9) in section 7(c) (16 U.S.C. 1246(c))--
(A) by striking ``or national historic'' each place
such term appears and inserting ``, national historic,
or national discovery''; and
(B) by striking ``and national historic'' and
inserting ``, national historic, and national
discovery'';
(10) in section 7(d) (16 U.S.C. 1246(d)), by striking ``or
national historic'' and inserting ``, national historic, or
national discovery'';
(11) in section 7(e) (16 U.S.C. 1246(e)), by striking ``or
national historic'' each place such term appears and inserting
``, national historic, or national discovery'';
(12) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking
``or Historic'' and inserting ``, Historic, or Discovery'';
(13) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking
``or national historic'' and inserting ``, national historic,
or national discovery''; and
(14) in section 7(i) (16 U.S.C. 1246(i)), by striking ``or
national historic'' and inserting ``, national historic, or
national discovery''. | National Discovery Trails Act of 1996 - Amends the National Trails System Act (the Act) to provide that national discovery trails established under the Act shall be components of the National Trails System. Provides that such trails shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities.
Designates the 6,000-mile American Discovery Trail (established by this Act) as a national discovery trail. Provides that the Trail shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado. Exempts the Trail from comprehensive national scenic trail plan requirements under the Act, but requires the Secretary of the Interior to enter into arrangements with a nonprofit organization to submit to specified congressional committees, within three fiscal years after this Act's enactment, a comprehensive plan for the protection, management, development, and use of the Trail. | National Discovery Trails Act of 1996 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Guadalupe-Hidalgo
Treaty Land Claims Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions and findings.
Sec. 3. Establishment and membership of Commission.
Sec. 4. Examination of land claims.
Sec. 5. Assistance for Commission.
Sec. 6. Miscellaneous powers of Commission.
Sec. 7. Report.
Sec. 8. Termination.
Sec. 9. Authorization of appropriations.
SEC. 2. DEFINITIONS AND FINDINGS.
(a) Definitions.--For purposes of this Act:
(1) Commission.--The term ``Commission'' means the
Guadalupe-Hidalgo Treaty Land Claims Commission established
under section 3.
(2) Treaty of guadalupe-hidalgo.--The term ``Treaty of
Guadalupe-Hidalgo'' means the Treaty of Peace, Friendship,
Limits, and Settlement (Treaty of Guadalupe Hidalgo), between
the United States and the Republic of Mexico, signed February
2, 1848 (TS 207; 9 Bevans 791).
(3) Eligible descendant.--The term ``eligible descendant''
means a descendant of a person who--
(A) was a Mexican citizen before the Treaty of
Guadalupe-Hidalgo;
(B) was a member of a community land grant; and
(C) became a United States citizen within ten years
after the effective date of the Treaty of Guadalupe-
Hidalgo, May 30, 1848, pursuant to the terms of the
Treaty.
(4) Community land grant.--The term ``community land
grant'' means a village, town, settlement, or pueblo consisting
of land held in common (accompanied by lesser private
allotments) by three or more families under a grant from the
King of Spain (or his representative) before the effective date
of the Treaty of Cordova, August 24, 1821, or from the
authorities of the Republic of Mexico before May 30, 1848, in
what became part of the United States, regardless of the
original character of the grant.
(5) Reconstituted.--The term ``reconstituted'', with regard
to a valid community land grant, means restoration to full
status as a municipality with rights properly belonging to a
municipality under State law and the right of local self-
government.
(b) Findings.--Congress finds the following:
(1) The western and southwestern portion of the United
States has a unique history regarding the acquisition of
ownership of land as a result of the substantial number of
Spanish and Mexican land grants that were an integral part of
the colonization and growth of the region before the United
States acquired the region in the Treaty of Guadalupe-Hidalgo.
(2) Various provisions of the Treaty of Guadalupe-Hidalgo
have not yet been fully implemented in the spirit of Article
VI, section 2, of the Constitution of the United States.
(3) Serious questions regarding the prior ownership of
lands in several western and southwestern State, particularly
certain public lands, still exist.
(4) Congressionally established land claim commissions have
been used in the past to successfully examine disputed land
possession questions.
SEC. 3. ESTABLISHMENT AND MEMBERSHIP OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Guadalupe-Hidalgo Treaty Land Claims Commission''.
(b) Number and Appointment of Members.--The Commission shall be
composed of seven members appointed by the President by and with the
advice and consent of the Senate. At least three of the members of the
Commission shall be selected from among persons who are eligible
descendants, including one of whom is a member of an Indian tribe.
(c) Terms.--Each member shall be appointed for the life of the
Commission. A vacancy in the Commission shall be filled in the manner
in which the original appointment was made.
(d) Compensation.--Members shall each be entitled to receive the
daily equivalent of level V of the Executive Schedule for each day
(including travel time) during which they are engaged in the actual
performance of duties vested in the Commission.
SEC. 4. EXAMINATION OF LAND CLAIMS.
(a) Submission of Land Claims Petitions.--Any three (or more)
eligible descendants who are also descendants of the same community
land grant may file with the Commission a petition on behalf of
themselves and all other descendants of that community land grant
seeking a determination of the validity of the land claim that is the
basis for the petition.
(b) Deadline for Submission.--To be considered by the Commission, a
petition under subsection (a) must be received by the Commission not
later than five years after the date of the enactment of this Act.
(c) Elements of Petition.--A petition under subsection (a) shall be
made under oath and shall contain the following:
(1) The names and addresses of the eligible descendants who
are petitioners.
(2) The fact that the land involved in the petition was a
community land grant at the time of the effective date of the
Guadalupe-Hidalgo Treaty.
(3) The extent of the community land grant, to the best of
the knowledge of the petitioners, accompanied with a survey or,
if a survey is not feasible to them, a sketch map thereof.
(4) The fact that the petitioners reside, or intend to
settle upon, the community land grant.
(5) All facts known to petitioners concerning the community
land grant, together with copies of all papers in regard
thereto available to petitioners.
(d) Petition Hearing.--At one or more locations designated by the
Commission, the Commission shall hold a hearing upon each petition
timely submitted under subsection (a), at which hearing all persons
having an interest in the land involved in the petition shall have the
right, upon notice, to appear as a party.
(e) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any petition submitted
under subsection (a).
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is to be made under paragraph (2) may be served in
the judicial district in which the person required to be served
resides or may be found.
(f) Decision.--
(1) In general.--On the basis of the facts contained in a
petition submitted under subsection (a), the hearing held with
regard to the petition, and such other information as the
Commission considers appropriate, the Commission shall
determine the validity of the community land grant described in
the petition.
(2) Recommended relief.--In the case of a petition
determined to be valid, the decision of the Commission under
paragraph (1) shall include the Commission's recommendations
regarding the appropriate relief that should be provided to the
petitioner, including whether the community land grant should
be reconstituted and its lands restored.
(g) Protection of Non-Federal Property.--The decision of the
Commission regarding the validity of a petition submitted under
subsection (a) shall not affect the ownership, title, or rights of
owners of any non-Federal lands covered by the petition. Any
recommendation of the Commission under subsection (f) regarding whether
a community land grant should be reconstituted and its lands restored
may not address non-Federal lands. In the case of a valid petition
covering lands held in non-Federal ownership, the Commission shall
modify any recommendation for reconstitution of the community land
grant to recommend the substitution of comparable Federal lands in the
same State as the State in which the non-federal lands are located.
SEC. 5. ASSISTANCE FOR COMMISSION.
(a) Community Land Grant Study Center.--To assist the Commission in
the performance of its activities under section 4, the Commission shall
establish a Community Land Grant Study Center at the Onate Center in
Alcalde, New Mexico. The Commission shall be charged with the
responsibility of directing the research, study, and investigations
necessary for the Commission to perform its duties under this Act.
(b) Comptroller General Assistance.--At the request of the
Commission, the Comptroller General may make available personnel,
equipment, and facilities of the General Accounting Office to assist
the Commission in performing its activities under section 4. The
Commission may review reports previously prepared by the General
Accounting Office regarding community land grants and request an
interview with the authors of the reports.
SEC. 6. MISCELLANEOUS POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Immunity.--The Commission is an agency of the United States for
the purpose of part V of title 18, United States Code (relating to
immunity of witnesses).
SEC. 7. REPORT.
As soon as practicable after reaching its last decision under
section 4, the Commission shall submit to the President and the
Congress a report containing each decision, including the
recommendation of the Commission regarding whether certain community
land grants should be reconstituted or other relief provided to
eligible descendants, so that the Congress may act upon the
recommendations.
SEC. 8. TERMINATION.
The Commission shall terminate on 180 days after submitting its
final report under section 7.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,900,000 for each of the
fiscal years 2002 through 2008 for the purpose of carrying out the
activities of the Commission and to establish and operate the Community
Land Grant Study Center under section 5. | Guadalupe-Hidalgo Treaty Land Claims Act of 2001 - Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Authorizes three or more eligible descendants of the same community land grant to petition the Commission for such a determination on behalf of themselves and all other descendants. Directs the Commission to recommend appropriate relief to a valid petition, including whether the community land grant should be reconstituted and its non-Federal lands restored.Directs the Commission to establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico, to be responsible for directing the research, study, and investigations necessary to assist the Commission in performing its duties.Directs the Comptroller General to make available General Accounting Office (GAO) personnel, equipment, and facilities to assist the Commission in performing its activities in examining such land claims. Permits the Commission to review reports prepared by GAO regarding community land grants and to request an interview with the authors of such reports. | To establish a Presidential commission to determine and evaluate the validity of certain land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848 involving the descendants of persons who were Mexican citizens at the time of the Treaty. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Environmental Barriers to
Unified Infrastructure and Land Development Act of 2015 Act'' or the
``REBUILD Act''.
SEC. 2. ASSIGNMENT TO STATES OF FEDERAL ENVIRONMENTAL REVIEW
RESPONSIBILITIES.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) is amended by adding at the end the following new
section:
``SEC. 106. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW
RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE
STATE.
``(a) Assumption of Responsibility.--
``(1) In general.--Subject to the other provisions of this
section, with the written agreement of the responsible Federal
official and a State, which may be in the form of a memorandum
of understanding, the responsible Federal official may assign,
and the State may assume, the responsibilities of the
responsible Federal official under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to one
or more covered Federal projects of the responsible Federal
official within the State.
``(2) Additional responsibility.--If a State assumes
responsibility under paragraph (1) the responsible Federal
official may assign to the State, and the State may assume, all
or part of the responsibilities of the responsible Federal
official for environmental review, consultation, or other
action required under any Federal environmental law pertaining
to the review or approval of covered projects of the
responsible Federal official.
``(3) Procedural and substantive requirements.--A State
shall assume responsibility under this section subject to the
same procedural and substantive requirements as would apply if
that responsibility were carried out by the responsible Federal
official.
``(4) Federal responsibility.--Any responsibility of the
responsible Federal official not explicitly assumed by the
State by written agreement under this section shall remain the
responsibility of the responsible Federal official.
``(5) No effect on authority.--Nothing in this section
preempts or interferes with any power, jurisdiction,
responsibility, or authority of an agency, other than the
agency of the responsible Federal official for a covered
project, under applicable law (including regulations) with
respect to the project.
``(b) State Participation.--
``(1) Application.--Not later than 180 days after the date
of enactment of this section, each responsible Federal official
shall promulgate regulations that establish requirements
relating to information required to be contained in any
application of a State to assume responsibility under this
section with respect to covered Federal projects of the
responsible Federal official, including, at a minimum--
``(A) the projects or classes of projects for which
the State anticipates exercising the authority that may
be granted under this section;
``(B) verification of the financial resources
necessary to carry out the authority that may be
assigned under this section; and
``(C) evidence of the notice and solicitation of
public comment by the State relating to assumption of
responsibility under this section by the State,
including copies of comments received from that
solicitation.
``(2) Public notice.--
``(A) In general.--Each State that submits an
application under this subsection shall give notice of
the intent of the State to submit such application not
later than 30 days before the date of submission of the
application.
``(B) Method of notice and solicitation.--The State
shall provide notice and solicit public comment under
this paragraph by publishing the complete application
of the State in accordance with the appropriate public
notice law of the State.
``(3) Selection criteria.--A responsible Federal official
may approve the application of a State under this section only
if--
``(A) the regulatory requirements under paragraph
(2) have been met;
``(B) the responsible Federal official determines
that the State has the capability, including financial
and personnel, to assume the responsibility; and
``(C) the head of the State agency having primary
jurisdiction over covered projects with respect to
which responsibility would be assigned to the State
pursuant to the application enters into a written
agreement with the responsible Federal official
described in subsection (c).
``(4) Other federal agency views.--If a State applies to
assume a responsibility of a responsible Federal official that
would have required the responsible Federal official to consult
with another Federal agency, the responsible Federal official
shall solicit the views of the Federal agency before approving
the application.
``(c) Written Agreement.--A written agreement under this section
shall--
``(1) be executed by the Governor of the State or the head
of the State agency referred to in subsection (b)(3)(C);
``(2) be in such form as the responsible Federal official
may prescribe; and
``(3) provide that the State--
``(A) agrees to assume all or part of the
responsibilities of the responsible Federal official
described in subsection (a);
``(B) expressly consents, on behalf of the State,
to accept the jurisdiction of the Federal courts for
the compliance, discharge, and enforcement of any
responsibility of the responsible Federal official
assumed by the State;
``(C) certifies that State laws (including
regulations) are in effect that--
``(i) authorize the State to take the
actions necessary to carry out the
responsibilities being assumed; and
``(ii) are comparable to section 552 of
title 5, including providing that any decision
regarding the public availability of a document
under those State laws is reviewable by a court
of competent jurisdiction; and
``(D) agrees to maintain the financial resources
necessary to carry out the responsibilities being
assumed.
``(d) Jurisdiction.--
``(1) In general.--The United States district courts shall
have exclusive jurisdiction over any civil action against a
State for failure to carry out any responsibility of the State
under this section.
``(2) Legal standards and requirements.--A civil action
under paragraph (1) shall be governed by the legal standards
and requirements that would apply in such a civil action
against the responsible Federal official had the responsible
Federal official taken the actions in question.
``(3) Intervention.--The responsible Federal official shall
have the right to intervene in any action described in
paragraph (1).
``(e) Effect of Assumption of Responsibility.--A State that assumes
responsibility under subsection (a) shall be solely responsible and
solely liable for carrying out, in lieu of the responsible Federal
official, the responsibilities assumed under subsection (a), until the
termination of such assumption of responsibility.
``(f) Limitations on Agreements.--Nothing in this section permits a
State to assume any rulemaking authority of the responsible Federal
official under any Federal law.
``(g) Audits.--
``(1) In general.--To ensure compliance by a State with any
agreement of the State under subsection (c) (including
compliance by the State with all Federal laws for which
responsibility is assumed under subsection (a)), for each State
participating in the program under this section, the
responsible Federal official shall conduct--
``(A) semiannual audits during each of the first 2
years of the effective period of the agreement; and
``(B) annual audits during each subsequent year of
such effective period.
``(2) Public availability and comment.--
``(A) In general.--An audit conducted under
paragraph (1) shall be provided to the public for
comment for a 30-day period.
``(B) Response.--Not later than 60 days after the
date on which the period for public comment ends, the
responsible Federal official shall respond to public
comments received under subparagraph (A).
``(h) Report to Congress.--Each responsible Federal official shall
submit to Congress an annual report that describes the administration
of this section by such official.
``(i) Termination by Responsible Federal Official.--The responsible
Federal official with respect to an agreement with a State under this
section may terminate the agreement and any responsibility or authority
of the State under this section with respect to such agreement, if--
``(1) the responsible Federal official determines that the
State is not adequately carrying out the responsibilities
assumed by the State under this section;
``(2) the responsible Federal official provides to the
State--
``(A) notification of the determination of
noncompliance; and
``(B) a period of at least 30 days during which to
take such corrective action as the responsible Federal
official determines is necessary to comply with the
applicable agreement; and
``(3) the State, after the notification and period provided
under subparagraph (B), fails to take satisfactory corrective
action, as determined by responsible Federal official.
``(j) Definitions.--In this section:
``(1) Covered federal project.--The term `covered Federal
project' means--
``(A)(i) except as provided in clause (ii) and
subparagraph (B), any project that is funded by,
carried out by, or subject to approval or disapproval
by a responsible official, including any project for
which a permit or other authorization by a responsible
Federal official is required; and
``(ii) in the case of projects funded, carried out
by, or subject to review, approval, or disapproval by
the Secretary of the Army, and except as provided in
subparagraph (B), includes only such projects of the
Corps of Engineers; and
``(B) the preparation of any statement required by
section 102(2)(C).
``(2) Responsible federal official.--The term `responsible
Federal official' means--
``(A) the Secretary of the Interior;
``(B) the Secretary of Transportation;
``(C) the Administrator of the Environmental
Protection Agency;
``(D) the Secretary of the Army; and
``(E) the head of a Federal agency, with respect to
the preparation of statements under section 102(2)(C)
for major Federal actions (as that term is used in that
section) of the agency.''. | Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2015 Act or the REBUILD Act This bill amends the National Environmental Policy Act of 1969 (NEPA) to authorize: (1) the assignment to states of federal environmental review responsibilities under NEPA and other relevant federal environmental laws for covered federal projects, and (2) states to assume all or part of those responsibilities. Each responsible federal official who is authorized to assign such responsibility must promulgate regulations that establish requirements relating to information required to be contained in state applications to assume those responsibilities. An official may approve an application only if: (1) public notice requirements have been met, (2) the state has the capability to assume the responsibilities, and (3) the head of the state agency having primary jurisdiction over covered projects enters into a written agreement with an official to assume the responsibilities and to maintain the financial resources necessary to carry them out. The officials must audit state compliance with federal laws for which responsibilities are assumed. The officials may terminate the responsibilities assigned to states after providing notice to states of any noncompliance and an opportunity to take corrective action. | REBUILD Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vietnam Human Rights Sanctions
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Vietnam remains a one-party state, ruled and controlled
by the Communist Party of Vietnam, which continues to deny the
right of citizens to change their government.
(2) According to the Department of State's 2012 Country
Reports on Human Rights Practices, Vietnam's ``most significant
human rights problems . . . continued to be severe government
restrictions on citizens' political rights, particularly their
right to change their government; increased measures to limit
citizens' civil liberties; and corruption in the judicial
system and police''.
(3) Furthermore, the Department of State documents that
``arbitrary arrest and detention, particularly for political
activists, remained a problem'', with the Government of Vietnam
sentencing ``at least 35 arrested activists during [2012] to a
total of 131 years in jail and 27 years of probation for
exercising their rights''.
(4) The Government of Vietnam forbids public challenge to
the legitimacy of the one-party state, restricts freedoms of
opinion, the press, assembly, and association, and tightly
limits access to the Internet and telecommunication.
(5) The Government of Vietnam continues to limit freedom of
religion, pressure all religious groups to come under the
control of government and party-controlled management boards,
and restrict the operation of independent religious
organizations, including the Unified Buddhist Church of Vietnam
and members of unsanctioned Mennonite, Cao Dai, Theravada
Buddhist, and Hoa Hao Buddhist religious groups and independent
Protestant house churches, primarily in the central and
northern highlands. Religious leaders who do not conform to the
Government's demands are often harassed, arrested, imprisoned,
or put under house arrest.
(6) Enhancement of relations between the United States and
Vietnam has provided an opportunity for a human rights
dialogue, but is unlikely to lead to future progress on human
rights issues in Vietnam unless the United States makes clear
that such progress is an essential prerequisite for further
enhancements in the bilateral relationship.
SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN INDIVIDUALS WHO ARE
COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST
NATIONALS OF VIETNAM OR THEIR FAMILY MEMBERS.
(a) In General.--Except as provided in subsection (d), the
President shall impose sanctions described in subsection (c) with
respect to each individual on the list required by subsection (b).
(b) List of Individuals Who Are Complicit in Certain Human Rights
Abuses.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of individuals who
are nationals of Vietnam that the President determines are
complicit in human rights abuses committed against nationals of
Vietnam or their family members, regardless of whether such
abuses occurred in Vietnam.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1) as new information becomes available and not less
frequently than annually.
(3) Public availability.--The list required by paragraph
(1) shall be made available to the public and posted on the Web
sites of the Department of the Treasury and the Department of
State.
(4) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
by paragraph (1), the President shall consider data already
obtained by other countries and nongovernmental organizations,
including organizations in Vietnam, that monitor the human
rights abuses of the Government of Vietnam.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Prohibition on entry and admission to the united
states.--An individual whose name appears on the list required
by subsection (b)(1) may not--
(A) be admitted to, enter, or transit through the
United States;
(B) receive any lawful immigration status in the
United States under the immigration laws, including any
relief under the Convention Against Torture; or
(C) file any application or petition to obtain such
admission, entry, or status.
(2) Financial sanctions.--The President shall impose
sanctions authorized pursuant to section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702)
with respect to an individual whose name appears on the list
required by subsection (b)(1), including blocking of the
property of, and restricting or prohibiting financial
transactions and the exportation and importation of property
by, the individual.
(d) Exceptions To Comply With International Agreements.--The
President may, by regulation, authorize exceptions to the imposition of
sanctions under this section to permit the United States to comply with
the Agreement between the United Nations and the United States of
America regarding the Headquarters of the United Nations, signed June
26, 1947, and entered into force November 21, 1947, and other
applicable international agreements.
(e) Termination of Sanctions.--The provisions of this section shall
cease to have force and effect on the date on which the President
determines and certifies to the appropriate congressional committees
that the Government of Vietnam has--
(1) unconditionally released all political prisoners;
(2) ceased its practices of violence, unlawful detention,
torture, and abuse of citizens of Vietnam while engaging in
peaceful political activity; and
(3) conducted a transparent investigation into the
killings, arrest, and abuse of peaceful political activists in
Vietnam and prosecuted those responsible.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Finance, the Committee on
Banking, Housing, and Urban Affairs, and the Committee
on Foreign Relations of the Senate; and
(B) the Committee on Ways and Means, the Committee
on Financial Services, and the Committee on Foreign
Affairs of the House of Representatives.
(2) Convention against torture.--The term ``Convention
Against Torture'' means the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York on December 10, 1984.
(3) Immigration laws; national.--The terms ``immigration
laws'' and ``national'' have the meanings given those terms in
section 101 of the Immigration and Nationality Act (8 U.S.C.
1101). | Vietnam Human Rights Sanctions Act - Directs the President to: (1) impose financial and immigration/entry sanctions on listed nationals of Vietnam who are complicit in human rights abuses committed against nationals of Vietnam or their family members, regardless of whether such abuses occurred in Vietnam; and (2) submit to Congress a publicly available list of individuals determined to be complicit in such human rights abuses. Authorizes the President to waive sanctions to comply with international agreements. Terminates sanctions if the President certifies to Congress that the government of Vietnam has: (1) released all political prisoners; (2) ceased its practices of violence, detention, and abuse of citizens of Vietnam engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings, arrest, and abuse of such political activists and prosecuted those responsible. | Vietnam Human Rights Sanctions Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventive Medicine for a Healthier
America Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Improving the health of the population and reducing
medical costs requires implementation of preventive methods.
(2) Organizations throughout the United States have
expressed the need for an increase of public health
professionals.
(3) There are only approximately 6,000 physicians board
certified in preventive medicine.
(4) Many health care costs are spent on chronic conditions
that could be avoided by implementing preventive methods.
(5) The number of preventive medicine residency programs
and individuals pursuing preventive medicine has significantly
decreased in recent years.
(6) Preventive medicine physicians are uniquely trained to
serve patients and communities.
(7) A strong public health system requires a strong
preventive medicine workforce.
SEC. 3. LOAN PAYMENT ASSISTANCE FOR PREVENTIVE MEDICINE PHYSICIANS.
(a) Payments.--On behalf of any eligible preventive medicine
physician, the Secretary of Health and Human Services may pay up to
$20,000 of the medical education loans incurred by the physician.
(b) Application.--To request a payment under this section, an
eligible preventive medicine physician shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(c) Definitions.--In this section:
(1) The term ``eligible preventive medicine physician''
means a practicing physician who receives board certification
in preventive medicine during the period of fiscal years 2007
through 2011.
(2) The term ``medical education loan'' means the
outstanding principal of and interest on a loan incurred for
the cost of attendance (including tuition, other reasonable
educational expenses, and reasonable living costs) at a school
of medicine.
(3) The term ``school of medicine'' has the meaning given
to that term in section 799B of the Public Health Service Act
(42 U.S.C. 295p).
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2007 through 2011.
SEC. 4. WELLNESS PROGRAM CREDIT.
(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 inserting after section 45M the following new
section:
``SEC. 45N. WELLNESS PROGRAM CREDIT.
``(a) General Rule.--For purposes of section 38, the wellness
program credit determined under this section for any taxable year is an
amount equal to $200 per qualified employee employed by the eligible
employer during the taxable year.
``(b) Dollar Limitation.--The amount of the credit determined under
this section for any taxable year shall not exceed 25 percent of the
eligible employer's regular tax liability (as defined in section
26(b)).
``(c) Definitions.--For purposes of this section--
``(1) Eligible employer.--With respect to a taxable year,
the term `eligible employer' means an employer who--
``(A) develops and implements a qualified wellness
program, and
``(B) keeps accurate records of the preventive
health screenings and other programs in which the
eligible employer's employees have participated during
the taxable year.
``(2) Qualified wellness program.--With respect to an
eligible employer, the term `qualified wellness program' means
a program--
``(A) that is developed and implemented by the
eligible employer, in consultation with a physician (as
defined in section 213(d)) who is board certified in
preventive medicine,
``(B) that provides at least 2 preventive health
screenings for the benefit of the eligible employer's
employees,
``(C) that provides counseling, seminars, self-help
materials, and other resources related to at least 3 of
the following:
``(i) smoking,
``(ii) obesity,
``(iii) stress management,
``(iv) physical fitness,
``(v) nutrition,
``(vi) substance abuse,
``(vii) depression,
``(viii) mental health,
``(ix) heart disease, and
``(x) maternal and infant health, and
``(D) whose qualified participants include not less
than 50 percent of the eligible employer's full-time
employees.
``(3) Qualified employee.--With respect to an eligible
employer, the term `qualified employee' means an individual who
is--
``(A) a full-time employee of the eligible
employer, and
``(B) a qualified participant in the eligible
employer's qualified wellness program.
``(4) Qualified participant.--With respect to a taxable
year, the term `qualified participant' means an individual who
participates in at least 2 of the preventive health screenings
or other programs offered through a qualified wellness program
during the taxable year, as determined by the eligible employer
who has developed and implemented such qualified wellness
program.
``(d) Termination.--This section shall not apply in taxable years
beginning after December 31, 2011.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``and'' at the end of paragraph (29), by striking the period at
the end of paragraph (30) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(31) the wellness program credit determined under section
45N(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 45M the following new item:
``Sec. 45N. Wellness program credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
SEC. 5. NATIONAL EDUCATION CAMPAIGN.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Agency for Healthcare Research and Quality,
shall carry out a national education campaign to encourage the use of
preventive health screenings by individuals, employers, physicians,
hospitals, State and local health departments, community health
centers, industrial sites, occupational health centers, academic
centers, private practices, the military, and Federal departments and
agencies.
(b) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2007 through 2011. | Preventive Medicine for a Healthier America Act of 2006 - Authorizes the Secretary of Health and Human Services to pay up to $20,000 of the medical education loans incurred by any physician who receives board certification in preventive medicine from FY2007-FY2011.
Amends the Internal Revenue Code to provide for a wellness program tax credit for employers that develop and implement a program that provides: (1) at least two preventive health screenings for employees; and (2) counseling, seminars, self-help materials, and other resources related to preventive health.
Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to carry out a national education campaign to encourage the use of preventive health screenings. | To promote preventive health care for Americans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Traumatic Brain Injury
Reauthorization Act of 2014''.
SEC. 2. CDC PROGRAMS FOR PREVENTION AND SURVEILLANCE OF TRAUMATIC BRAIN
INJURY.
(a) Prevention.--Section 393B(b)(3) of the Public Health Service
Act (42 U.S.C. 280b-1c(b)(3)) is amended by striking ``health-status
goals for 2010, commonly referred to as Healthy People 2010'' and
inserting ``health-status goals for 2020, commonly referred to as
Healthy People 2020''.
(b) Surveillance.--Subsection (b) of section 393C of the Public
Health Service Act (42 U.S.C. 280b-1d) is amended--
(1) by striking ``(b) Not later than'' and inserting the
following:
``(b) Reports.--
``(1) Initial report.--Not later than''; and
(2) by adding at the end the following:
``(2) Subsequent report.--Not later than 24 months after
the date of enactment of the Traumatic Brain Injury
Reauthorization Act of 2014, the Secretary, acting through the
Director of the Centers for Disease Control and Prevention and
the Director of the National Institutes of Health and in
consultation with the Secretary of Defense and the Secretary of
Veterans Affairs, shall submit to the relevant committees of
Congress a report that--
``(A) identifies which recommendations in the
report under paragraph (1) have been adopted and which
recommendations in such report have not been adopted;
and
``(B) includes a description of planned activities
to address each recommendation in such report that has
not been adopted.''.
(c) Funding.--Section 394A of the Public Health Service Act (42
U.S.C. 280b-3) is amended--
(1) by striking ``and'' after ``1994,'';
(2) by striking the second period at the end; and
(3) by adding at the end the following: ``Of the amounts
made available to carry out this part for each of fiscal years
2015 through 2019, there is authorized to be appropriated
$6,100,000 to carry out sections 393B and 393C.''.
SEC. 3. STATE GRANTS FOR PROJECTS REGARDING TRAUMATIC BRAIN INJURY.
Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52)
is amended--
(1) in subsection (a), by striking ``, acting through the
Administrator of the Health Resources and Services
Administration,'';
(2) in paragraphs (1)(A)(i) and (3)(E) of subsection (f),
by striking ``brain injury'' and inserting ``traumatic brain
injury'';
(3) in subsection (h), by striking the comma after ``under
this section'' and inserting a comma before ``including''; and
(4) by amending subsection (j) to read as follows:
``(j) Authorization of Appropriations.--For carrying out this
section and section 1253, there is authorized to be appropriated
$9,760,000 for each of fiscal years 2015 through 2019.''.
SEC. 4. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES.
Section 1253 of the Public Health Service Act (42 U.S.C. 300d-53)
is amended--
(1) in subsection (a), by striking ``, acting through the
Administrator of the Health Resources and Services
Administration (referred to in this section as the
`Administrator'),'';
(2) in subsections (c), (d)(1), (e)(1), (e)(4), (g), (h),
and (j)(1), by striking ``Administrator'' each place it appears
and inserting ``Secretary'';
(3) in subsection (h)--
(A) by striking the subsection heading and
inserting ``Reporting'';
(B) by striking ``Each protection and advocacy
system'' and inserting the following:
``(1) Reports by systems.--Each protection and advocacy
system''; and
(C) by adding at the end the following:
``(2) Report by secretary.--Not later than 1 year after the
date of enactment of the Traumatic Brain Injury Reauthorization
Act of 2014, the Secretary shall prepare and submit to the
appropriate committees of Congress a report describing the
services and activities carried out under this section during
the period for which the report is being prepared.''.
(4) in subsection (i)--
(A) by striking ``Administrator of the Health
Resources and Services Administration'' and inserting
``Secretary''; and
(B) by striking ``by the Administrator'' and
inserting ``by the Secretary'';
(5) in subsection (k), by striking ``subtitle C'' and
inserting ``subtitle C of title I'';
(6) by striking subsection (l) (relating to authorization
of appropriations); and
(7) by redesignating subsection (m) as subsection (l).
Passed the House of Representatives June 24, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Traumatic Brain Injury Reauthorization Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to report to Congress on recommendations (made pursuant to an earlier report) concerning improvements in the collection and dissemination of compatible epidemiological studies on the incidence and prevalence of traumatic brain injury in individuals who were formerly in the military, identifying recommendations that have been adopted and describing activities planned to address those that were not adopted. Authorizes appropriations through FY2019 for: (1) Centers for Disease Control and Prevention (CDC) projects to reduce the incidence of traumatic brain injury, and (2) traumatic brain injury surveillance systems or registries. Authorizes appropriations through FY2019 for the programs of grants to: (1) states and American Indian consortia for projects to improve access to rehabilitation and other services regarding traumatic brain injury, and (2) protection and advocacy systems for the purpose of enabling such systems to provide services to individuals with traumatic brain injury. Removes the Administrator of the Health Resources and Services Administration as agent for the Secretary in administering these programs. Vests responsibility for administering the programs solely in the Secretary. Requires the Secretary to report to Congress not later than one year after enactment of this Act on the services and activities of the protection and advocacy systems. | Traumatic Brain Injury Reauthorization Act of 2014 |
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) 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.
(3) 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.
(4) It is necessary to recognize the substantive causes of
action for aiding and abetting and conspiracy liability under
chapter 113B of title 18, United States Code.
(5) 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 chapter 113B of title 18, United States
Code.
(6) 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.
(7) 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, directly or indirectly, to foreign
organizations or persons that engage in terrorist activities against
the United States.
SEC. 3. RESPONSIBILITY OF FOREIGN STATES FOR INTERNATIONAL TERRORISM
AGAINST THE UNITED STATES.
(a) In General.--Chapter 97 of title 28, United States Code, is
amended by inserting after section 1605A the following:
``Sec. 1605B. Responsibility of foreign states for international
terrorism against the United States
``(a) Definition.--In this section, the term `international
terrorism'--
``(1) has the meaning given the term in section 2331 of title
18, United States Code; and
``(2) does not include any act of war (as defined in that
section).
``(b) Responsibility of Foreign States.--A foreign state shall not
be immune from the jurisdiction of the courts of the United States in
any case in which money damages are sought against a foreign state for
physical injury to person or property or death occurring in the United
States and caused by--
``(1) an act of international terrorism in the United States;
and
``(2) a tortious act or acts of the foreign state, or of any
official, employee, or agent of that foreign state while acting
within the scope of his or her office, employment, or agency,
regardless where the tortious act or acts of the foreign state
occurred.
``(c) Claims by Nationals of the United States.--Notwithstanding
section 2337(2) of title 18, a national of the United States may bring
a claim against a foreign state in accordance with section 2333 of that
title if the foreign state would not be immune under subsection (b).
``(d) Rule of Construction.--A foreign state shall not be subject
to the jurisdiction of the courts of the United States under subsection
(b) on the basis of an omission or a tortious act or acts that
constitute mere negligence.''.
(b) Technical and Conforming Amendments.--
(1) The table of sections for chapter 97 of title 28, United
States Code, is amended by inserting after the item relating to
section 1605A the following:
``1605B. Responsibility of foreign states for international terrorism
against the United States.''.
(2) Subsection 1605(g)(1)(A) of title 28, United States Code,
is amended by inserting ``or section 1605B'' after ``but for
section 1605A''.
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.--
``(1) Definition.--In this subsection, the term `person' has
the meaning given the term in section 1 of title 1.
``(2) Liability.--In an action under subsection (a) for an
injury arising from an act of international terrorism committed,
planned, or authorized by an organization that had been designated
as a foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189), as of the date on
which such act of international terrorism was committed, planned,
or authorized, liability may be asserted as to any person who aids
and abets, by knowingly providing substantial assistance, or who
conspires with the person who committed such an act of
international terrorism.''.
(b) Effect on Foreign Sovereign Immunities Act.--Nothing in the
amendment 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. STAY OF ACTIONS PENDING STATE NEGOTIATIONS.
(a) Exclusive Jurisdiction.--The courts of the United States shall
have exclusive jurisdiction in any action in which a foreign state is
subject to the jurisdiction of a court of the United States under
section 1605B of title 28, United States Code, as added by section 3(a)
of this Act.
(b) Intervention.--The Attorney General may intervene in any action
in which a foreign state is subject to the jurisdiction of a court of
the United States under section 1605B of title 28, United States Code,
as added by section 3(a) of this Act, for the purpose of seeking a stay
of the civil action, in whole or in part.
(c) Stay.--
(1) In general.--A court of the United States may stay a
proceeding against a foreign state if the Secretary of State
certifies that the United States is engaged in good faith
discussions with the foreign state defendant concerning the
resolution of the claims against the foreign state, or any other
parties as to whom a stay of claims is sought.
(2) Duration.--
(A) In general.--A stay under this section may be granted
for not more than 180 days.
(B) Extension.--
(i) In general.--The Attorney General may petition the
court for an extension of the stay for additional 180-day
periods.
(ii) Recertification.--A court shall grant an extension
under clause (i) if the Secretary of State recertifies that
the United States remains engaged in good faith discussions
with the foreign state defendant concerning the resolution
of the claims against the foreign state, or any other
parties as to whom a stay of claims is sought.
SEC. 6. 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. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply to any civil action--
(1) pending on, or commenced on or after, the date of enactment
of this Act; and
(2) arising out of an injury to a person, property, or business
on or after September 11, 2001.
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 May 17, 2016. Justice Against Sponsors of Terrorism Act (Sec. 3) This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity (i.e., a foreign state's immunity from the jurisdiction of U.S. courts). Specifically, it authorizes federal court jurisdiction over a civil claim against a foreign state for physical injury to a person or property or death that occurs inside the United States as a result of: (1) an act of international terrorism, and (2) a tort committed anywhere by an official, agent, or employee of a foreign state acting within the scope of employment. International terrorism does not include an act of war. Federal court jurisdiction does not extend to a tort claim based on an omission or an act that is merely negligent. A U.S. national may file a civil action against a foreign state for physical injury, death, or damage as a result of an act of international terrorism committed by a designated terrorist organization. (Sec. 4) The bill amends the federal criminal code to impose civil liability on a person who conspires to commit or aids and abets (by knowingly providing substantial assistance) an act of international terrorism committed, planned, or authorized by a designated terrorist organization. (Sec. 5) It establishes exclusive federal court jurisdiction over civil claims under this bill. It authorizes the Department of Justice (DOJ) to intervene in civil proceedings to seek a stay. A court may grant the stay if the Department of State certifies that the United States is engaged in good-faith discussions with the foreign state to resolve the civil claims. (Sec. 7) This bill's amendments apply to a civil claim: (1) pending on or commenced on or after enactment; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001. | Justice Against Sponsors of Terrorism Act |
SECTION 1. PREMIUMS FOR MORTGAGE INSURANCE.
(a) In General.--Paragraph (3) of section 163(h) of the Internal
Revenue Code of 1986 (relating to qualified residence interest) is
amended by adding after subparagraph (D) the following new
subparagraph:
``(E) Mortgage insurance premiums treated as
interest.--
``(i) In general.--Premiums paid or accrued
for qualified mortgage insurance by a taxpayer
during the taxable year in connection with
acquisition indebtedness with respect to a
qualified residence of the taxpayer shall be
treated for purposes of this subsection as
qualified residence interest.
``(ii) Phaseout.--The amount otherwise
allowable as a deduction under clause (i) shall
be reduced (but not below zero) by 10 percent
of such amount for each $1,000 ($500 in the
case of a married individual filing a separate
return) (or fraction thereof) that the
taxpayer's adjusted gross income for the
taxable year exceeds $100,000 ($50,000 in the
case of a married individual filing a separate
return).''.
(b) Definition and Special Rules.--Paragraph (4) of section 163(h)
of the Internal Revenue Code of 1986 (relating to qualified residence
interest) is amended by adding at the end the following new
subparagraphs:
``(E) Qualified mortgage insurance.--The term
`qualified mortgage insurance' means--
``(i) mortgage insurance provided by the
Veterans Administration, the Federal Housing
Administration, or the Rural Housing
Administration, and
``(ii) private mortgage insurance (as
defined by section 2 of the Homeowners
Protection Act of 1998 (12 U.S.C. 4901), as in
effect on the date of the enactment of this
subparagraph).
``(F) Special rules for prepaid qualified mortgage
insurance.--Any amount paid by the taxpayer for
qualified mortgage insurance that is properly allocable
to any mortgage the payment of which extends to periods
that are after the close of the taxable year in which
such amount is paid shall be chargeable to capital
account and shall be treated as paid in such periods to
which so allocated. No deduction shall be allowed for
the unamortized balance of such account if such
mortgage is satisfied before the end of its term. The
preceding sentences shall not apply to amounts paid for
qualified mortgage insurance provided by the Veterans
Administration or the Rural Housing Administration.''
SEC. 2. INFORMATION RETURNS RELATING TO MORTGAGE INSURANCE.
Section 6050H of the Internal Revenue Code of 1986 (relating to
information returns relating to mortgage interest) is amended by adding
at the end the following new subsection:
``(h) Returns Relating to Mortgage Insurance Premiums.--
``(1) In general.--The Secretary may prescribe, by
regulations, that any person who, in the course of a trade or
business, receives from any individual premiums for mortgage
insurance aggregating $600 or more for any calendar year, shall
make a return with respect to each such individual. Such return
shall be in such form, shall be made at such time, and shall
contain such information as the Secretary may prescribe.
``(2) Statement to be furnished to individuals with respect
to whom information is required.--Every person required to make
a return under paragraph (1) shall furnish to each individual
with respect to whom a return is made a written statement
showing such information as the Secretary may prescribe. Such
written statement shall be furnished on or before January 31 of
the year following the calendar year for which the return under
paragraph (1) was required to be made.
``(3) Special rules.--For purposes of this subsection--
``(A) rules similar to the rules of subsection (c)
shall apply, and
``(B) the term `mortgage insurance' means--
``(i) mortgage insurance provided by the
Veterans Administration, the Federal Housing
Administration or the Rural Housing
Administration, and
``(ii) private mortgage insurance (as
defined by section 2 of the Homeowners
Protection Act of 1998 (12 U.S.C. 4901), as in
effect on the date of the enactment of this
subparagraph.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to amounts paid or
accrued after the date of enactment of this Act in taxable years ending
after such date. | Amends the Internal Revenue Code to allow the deduction of premiums for mortgage insurance. Provides for the phaseout of such deduction based on income. | To amend the Internal Revenue Code of 1986 to allow a deduction for premiums on mortgage insurance, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Military Retirees Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) No statutory health care program existed for members of
the uniformed services who entered service prior to December 7,
1956, and retired after serving a minimum of 20 years.
(2) Statutes enacted in 1956 allowed those who entered
service on or after December 7, 1956, and retired after serving
a minimum of 20 years or by reason of a service-connected
disability to medical and dental care in any facility of the
uniformed services, subject to the availability of space and
facilities and the capabilities of the medical and dental
staff.
(3) Recruiters, re-enlistment counselors, and officers at
all levels of the uniformed services, and other government
officials, as agents of the United States Government, continued
to allow members who entered the uniformed services to believe
they would be entitled to fully paid lifetime health care upon
retirement, despite enactment of statutes in 1956, subsequent
statutes, and the issuance of regulations that defined and
limited the availability of medical care to retired members of
the uniformed services.
(4) After 5 rounds of base closures between 1988 and 1995
and further drawdowns of remaining military medical treatment
facilities, access to ``space available'' health care in a
military medical treatment facility is difficult for many
military retirees and virtually nonexistent for some.
(5) Although provisions in the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106-398) extended coverage under the TRICARE
program to medicare eligible military retirees age 65 and
older, those provisions did not address the health care needs
of military retirees under the age of 65.
(6) The United States should make good on the promises
recruiters made in good faith and reestablish high quality
health care for all retired members of the uniformed services.
SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM.
(a) Coverage for Retirees and Dependents.--
(1) Section 1108 of title 10, United States Code, is
amended to read as follows:
``Sec. 1108. Health care coverage through Federal Employees Health
Benefits program
``(a) FEHBP Option.--The Secretary of Defense, after consulting
with the other administering Secretaries, shall enter into an agreement
with the Office of Personnel Management to provide coverage to eligible
beneficiaries described in subsection (b) under the health benefits
plans offered through the Federal Employees Health Benefits program
under chapter 89 of title 5.
``(b) Eligible Beneficiaries; Coverage.--(1) An eligible
beneficiary under this subsection is--
``(A) a member or former member of the uniformed services
described in section 1074(b) of this title;
``(B) an individual who is an unremarried former spouse of
a member or former member described in section 1072(2)(F) or
1072(2)(G);
``(C) an individual who is--
``(i) a dependent of a deceased member or former
member described in section 1076(b) or 1076(a)(2)(B) of
this title or of a member who died while on active duty
for a period of more than 30 days; and
``(ii) a member of family as defined in section
8901(5) of title 5; or
``(D) an individual who is--
``(i) a dependent of a living member or former
member described in section 1076(b)(1) of this title;
and
``(ii) a member of family as defined in section
8901(5) of title 5.
``(2) Eligible beneficiaries may enroll in a Federal Employees
Health Benefit plan under chapter 89 of title 5 under this section for
self-only coverage or for self and family coverage which includes any
dependent of the member or former member who is a family member for
purposes of such chapter.
``(3) A person eligible for coverage under this subsection shall
not be required to satisfy any eligibility criteria specified in
chapter 89 of title 5 (except as provided in paragraph (1)(C) or
(1)(D)) as a condition for enrollment in health benefits plans offered
through the Federal Employees Health Benefits program under this
section.
``(4) For purposes of determining whether an individual is a member
of family under paragraph (5) of section 8901 of title 5 for purposes
of paragraph (1)(C) or (1)(D), a member or former member described in
section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an
employee under such section.
``(5) An eligible beneficiary who enrolls in the Federal Employees
Health Benefits program under this section shall not be eligible to
receive health care under section 1086 or section 1097. Such a
beneficiary may continue to receive health care in a military medical
treatment facility, in which case the treatment facility shall be
reimbursed by the Federal Employees Health Benefits program for health
care services or drugs received by the beneficiary.
``(c) Change of Health Benefits Plan.--An eligible beneficiary
enrolled in a Federal Employees Health Benefits plan under this section
may change health benefits plans and coverage in the same manner as any
other Federal Employees Health Benefits program beneficiary may change
such plans.
``(d) Government Contributions.--The amount of the Government
contribution for an eligible beneficiary who enrolls in a health
benefits plan under chapter 89 of title 5 in accordance with this
section may not exceed the amount of the Government contribution which
would be payable if the electing beneficiary were an employee (as
defined for purposes of such chapter) enrolled in the same health
benefits plan and level of benefits.
``(e) Separate Risk Pools.--The Director of the Office of Personnel
Management shall require health benefits plans under chapter 89 of
title 5 to maintain a separate risk pool for purposes of establishing
premium rates for eligible beneficiaries who enroll in such a plan in
accordance with this section.
``(f) Reimbursement for Expenses for Health Care Services Normally
Provided by the Department of Defense Under TRICARE Standard.--The
Secretary of Defense shall develop and implement a system to reimburse
an eligible beneficiary who enrolls in a health benefits plan under
chapter 89 of title 5 in accordance with this section for health care
costs incurred by the beneficiary that are not paid under the health
benefits plan but would have been paid by the Department of Defense
under TRICARE Standard.''.
(2) The item relating to section 1108 at the beginning of such
chapter is amended to read as follows:
``1108. Health care coverage through Federal Employees Health Benefits
program.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2010.
SEC. 4. REIMBURSEMENT FOR TRICARE PHARMACY BENEFITS AT TRICARE NETWORK
PHARMACY LEVELS TO CERTAIN MILITARY RETIREES AND
DEPENDENTS IN HARDSHIP CASES.
(a) In General.--In the case of an eligible person who has a
certification described in subsection (b), the Secretary shall
reimburse such person for pharmacy benefits received from a pharmacy
that is not a TRICARE network pharmacy in the same manner and in the
same amounts as the Secretary would reimburse such person for such
benefits received from a pharmacy that is a TRICARE network pharmacy.
(b) Certification.--The certification referred to in subsection (a)
is a certification from an eligible person's physician--
(1) stating that the person does not have access to a
TRICARE network pharmacy due to physical or medical
constraints; and
(2) meeting such other criteria as the Secretary of Defense
considers appropriate.
(c) Eligible Person.--In this section, an eligible person is an
eligible beneficiary as described in section 1108(b) of title 10,
United States Code, who has another insurance plan or program that
provides primary coverage for health benefits. | Keep Our Promise to America's Military Retirees Act - Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) to provide Federal Employees Health Benefits (FEHB) coverage to the following eligible beneficiaries: (1) a member or former member of the Armed Forces entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member.
Directs the Secretary to reimburse such eligible persons for pharmacy benefits received from a pharmacy that is not a TRICARE (Department of Defense [DOD] managed health care plan) network pharmacy in the same manner as the Secretary would reimburse such person for such benefits received from a TRICARE network pharmacy. Requires such persons, in order to receive such reimbursement, to submit a certification from their physician stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints. | To restore health care coverage to retired members of the uniformed services, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Volcano Early Warning and
Monitoring System Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(2) System.--The term ``System'' means the National Volcano
Early Warning and Monitoring System established under section
3(a)(1).
SEC. 3. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM.
(a) Establishment.--
(1) In general.--The Secretary shall establish within the
United States Geological Survey a system, to be known as the
``National Volcano Early Warning and Monitoring System'', to
monitor, warn, and protect citizens of the United States from
undue and avoidable harm from volcanic activity.
(2) Purposes.--The purposes of the System are--
(A) to organize, modernize, standardize, and
stabilize the monitoring systems of the volcano
observatories in the United States, which includes the
Alaska Volcano Observatory, California Volcano
Observatory, Cascades Volcano Observatory, Hawaiian
Volcano Observatory, and Yellowstone Volcano
Observatory; and
(B) to unify the monitoring systems of volcano
observatories in the United States into a single
interoperative system.
(3) Objective.--The objective of the System is to monitor
all the volcanoes in the United States at a level commensurate
with the threat posed by the volcanoes by--
(A) upgrading existing networks on monitored
volcanoes;
(B) installing new networks on unmonitored
volcanoes; and
(C) employing geodetic and other components when
applicable.
(b) System Components.--
(1) In general.--The System shall include--
(A) a national volcano watch office that is
operational 24 hours a day and 7 days a week;
(B) a national volcano data center; and
(C) an external grants program to support research
in volcano monitoring science and technology.
(2) Modernization activities.--Modernization activities
under the System shall include the comprehensive application of
emerging technologies, including digital broadband
seismometers, real-time continuous Global Positioning System
receivers, satellite and airborne radar interferometry,
acoustic pressure sensors, and spectrometry to measure gas
emissions.
(c) Management.--
(1) Management plan.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
submit to Congress a 5-year management plan for
establishing and operating the System.
(B) Inclusions.--The management plan submitted
under subparagraph (A) shall include--
(i) annual cost estimates for modernization
activities and operation of the System;
(ii) annual milestones, standards, and
performance goals; and
(iii) recommendations for, and progress
towards, establishing new, or enhancing
existing, partnerships to leverage resources.
(2) Advisory committee.--The Secretary shall establish an
advisory committee to assist the Secretary in implementing the
System, to be comprised of representatives of relevant agencies
and members of the scientific community, to be appointed by the
Secretary.
(3) Partnerships.--The Secretary may enter into cooperative
agreements with institutions of higher education and State
agencies designating the institutions of higher education and
State agencies as volcano observatory partners for the System.
(4) Coordination.--The Secretary shall coordinate the
activities under this Act with the heads of relevant Federal
agencies, including--
(A) the Secretary of Transportation;
(B) the Administrator of the Federal Aviation
Administration;
(C) the Administrator of the National Oceanic and
Atmospheric Administration; and
(D) the Director of the Federal Emergency
Management Administration.
(d) Annual Report.--Annually, the Secretary shall submit to
Congress a report that describes the activities carried out under this
Act.
SEC. 4. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $55,000,000 for the period of fiscal
years 2019 through 2023.
(b) Effect on Other Sources of Federal Funding.--Amounts made
available under this section shall supplement, and not supplant,
Federal funds made available for other United States Geological Survey
hazards activities and programs.
Passed the Senate May 17, 2018.
Attest:
Secretary.
115th CONGRESS
2d Session
S. 346
_______________________________________________________________________
AN ACT
To provide for the establishment of the National Volcano Early Warning
and Monitoring System. | National Volcano Early Warning and Monitoring System Act (Sec. 3) This bill directs the United States Geological Survey (USGS) to establish the National Volcano Early Warning and Monitoring System to monitor, issue warnings of, and protect U.S. citizens from undue and avoidable harm from, volcanic activity. The purposes of the system are to: (1) organize, modernize, standardize, and stabilize the monitoring systems of U.S. volcano observatories; and (2) unify such systems into a single interoperative system. The objective of the system is to monitor all U.S. volcanoes at a level commensurate with the threat posed by the volcanoes by: (1) upgrading existing networks on monitored volcanoes, (2) installing new networks on unmonitored volcanoes, and (3) employing geodetic and other components when applicable. The system shall include: (1) a national volcano watch office that is operational 24 hours a day and 7 days a week, (2) a national volcano data center, (3) an external grants program to support research in volcano monitoring science and technology, and (4) modernization activities including the comprehensive application of emerging technologies. The USGS must: (1) submit to Congress a five-year management plan for establishing and operating the system, (2) establish an advisory committee to assist in implementing the system, and (3) report to Congress annually describing the activities carried out under this bill. The USGS may enter into cooperative agreements designating institutions of higher education and state agencies as volcano observatory partners for the system. (Sec. 4) The bill authorizes appropriations for FY2019-FY2023. | National Volcano Early Warning and Monitoring System Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children of Fallen Heroes
Scholarship Act''.
SEC. 2. CALCULATION OF ELIGIBILITY.
Section 473(b) of the Higher Education Act of 1965 (20 U.S.C.
1087mm(b)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
inserting ``(in the case of a student who meets the
requirement of subparagraph (B)(i)), or academic year
2015-2016 (in the case of a student who meets the
requirement of subparagraph (B)(ii)),'' after
``academic year 2009-2010''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) whose parent or guardian was--
``(i) a member of the Armed Forces of the
United States and died as a result of
performing military service in Iraq or
Afghanistan after September 11, 2001; or
``(ii) actively serving as a public safety
officer and died in the line of duty while
performing as a public safety officer; and'';
(2) in paragraph (3)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(A) Armed forces.--Notwithstanding'';
(B) by striking ``paragraph (2)'' and inserting
``subparagraphs (A), (B)(i), and (C) of paragraph
(2)''; and
(C) by adding at the end the following:
``(B) Public safety officers.--Notwithstanding any
other provision of law, unless the Secretary
establishes an alternate method to adjust the expected
family contribution, for each student who meets the
requirements of subparagraphs (A), (B)(ii), and (C) of
paragraph (2), a financial aid administrator shall--
``(i) verify with the student that the
student is eligible for the adjustment;
``(ii) adjust the expected family
contribution in accordance with this
subsection; and
``(iii) notify the Secretary of the
adjustment and the student's eligibility for
the adjustment.''; and
(3) by adding at the end the following:
``(4) Treatment of pell amount.--Notwithstanding section
1212 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796d-1), in the case of a student who receives an
increased Federal Pell Grant amount under this section, the
total amount of such Federal Pell Grant, including the increase
under this subsection, shall not be considered in calculating
that student's educational assistance benefits under the Public
Safety Officers' Benefits program under subpart 2 of part L of
title I of such Act.
``(5) Definition of public safety officer.--For purposes of
this subsection, the term `public safety officer' means--
``(A) a public safety officer, as defined in
section 1204 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b); or
``(B) a fire police officer, defined as an
individual who--
``(i) is serving in accordance with State
or local law as an officially recognized or
designated member of a legally organized public
safety agency;
``(ii) is not a law enforcement officer, a
firefighter, a chaplain, or a member of a
rescue squad or ambulance crew; and
``(iii) provides scene security or directs
traffic--
``(I) in response to any fire
drill, fire call, or other fire,
rescue, or police emergency; or
``(II) at a planned special
event.''.
SEC. 3. CALCULATION OF PELL GRANT AMOUNT.
Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(2)) is amended--
(1) by striking the matter preceding clause (i) of
subparagraph (A) and inserting the following:
``(2)(A) Subject to subparagraph (C), the amount of the
Federal Pell Grant for a student eligible under this part shall
be--''; and
(2) by adding at the end the following new subparagraph:
``(C) In the case of a student who meets the
requirements of subparagraphs (A), (B)(ii), and (C) of
section 473(b)(2)--
``(i) clause (ii) of subparagraph (A) of
this paragraph shall be applied by substituting
`from the amounts appropriated in the last
enacted appropriation Act applicable to that
award year, an amount equal to the amount of
the increase calculated under paragraph (7)(B)
for that year' for `the amount of the increase
calculated under paragraph (7)(B) for that
year'; and
``(ii) such student--
``(I) shall be provided an amount
under clause (i) of this subparagraph
only to the extent that funds are
specifically provided in advance in an
appropriation Act to such students for
that award year; and
``(II) shall not be eligible for
the amounts made available pursuant to
clauses (i) through (iii) of paragraph
(7)(A).''.
SEC. 4. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
July 1, 2017. | Children of Fallen Heroes Scholarship Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to eliminate the expected family contribution (EFC) used to determine financial need in the case of a Pell Grant-eligible student whose parent or guardian died in the line of duty as a police officer, firefighter, or other public safety officer. Such student is eligible to receive an automatic zero EFC and qualify for the maximum Pell Grant award if the student was less than 24 years old or enrolled at an institution of higher education at the time of the parent or guardian's death. | Children of Fallen Heroes Scholarship Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Bus Safety Act''.
TITLE I--KADYN'S ACT
SEC. 101. SHORT TITLE.
This title may be cited as ``Kadyn's Act''.
SEC. 102. WITHHOLDING APPORTIONMENTS FOR NONCOMPLIANCE WITH SCHOOL BUS
PASSINGS.
(a) Withholding Apportionments.--Chapter 1 of title 23, United
States Code, is amended by adding at the end the following:
``Sec. 171. Withholding apportionments for noncompliance with school
bus passings
``(a) Withholding of Apportionments for Noncompliance.--
``(1) Withholding.--The Secretary shall withhold 10 percent
of the amount required to be apportioned to any State under
paragraphs (1), (3), and (4) of section 104(b) on October 1,
2015, and on each October 1 thereafter if the State does not
meet the requirements of paragraph (2).
``(2) Requirement.--A State meets the requirements of this
paragraph if the State has enacted and is enforcing a law that
imposes the following penalties to a motorist who is found
guilty of illegally passing a stopped school bus:
``(A) First offense.--For a first offense, a fine
of not less than $250 with the possibility of jail time
and license suspension.
``(B) Second offense within a 5-year period of a
first offense.--For a second offense within a 5-year
period of a first offense, a fine of not less than $315
with the possibility of jail time and license
suspension.
``(b) Period of Availability of Apportioned Funds.--Funds withheld
after the date specified in subsection (a)(1) from apportionments to
any State shall not be available for apportionment to that State and
such funds will lapse.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``171. Withholding apportionments for noncompliance with school bus
passings''.
TITLE II--GRANTS FOR MOTION-ACTIVATED DETECTION SYSTEM ON SCHOOL BUSES
SEC. 201. SHORT TITLE.
This title may be cited as ``Grants for Motion-Activated Detection
System on School Buses Act''.
SEC. 202. GRANTS FOR MOTION-ACTIVATED DETECTION SYSTEM ON SCHOOL BUSES.
(a) In General.--The Secretary of Transportation may provide grants
to States to equip school buses with motion-activated detection system.
(b) Application.--In order to qualify for a grant under this
section, a State shall submit an application to the Secretary at such
time, in such manner, and containing such information and assurances as
the Secretary may require, including--
(1) an assurance that the State will use grant funds to
purchase motion-activated detection systems for school buses;
and
(2) an assurance that the State is in compliance with
sections 171 and 172 of title 23, United States Code.
(c) Grant Amounts.--Before awarding a grant under this section, the
Secretary shall ensure that each grant award is of sufficient size and
scope to carry out the requirements of this section.
(d) Funding.--In order to fund grant awards under this section, the
Secretary shall use funds not apportioned pursuant to sections 171 and
172 of title 23, United States Code.
(e) Reports.--Not later than 1 year after the date of enactment of
this Act, the State shall submit a report to the Secretary regarding
the effectiveness of the motion-activated detection system in any local
educational agency using grant funds under this section, including--
(1) whether or not the detection system has prevented
children from being hit by a school bus; and
(2) a cost benefit analysis of using these detection
systems on school buses.
(f) Definition.--For purposes of this Act, the term ``motion-
activated detection system'' means a sensor system that uses radio
signals or radar waves to detect a moving target near the front, rear,
and sides of a school bus. The system sounds an alarm to alert the
driver when a moving target is detected within the specified danger
zones of the bus.
TITLE III--SCHOOL BUS DRIVER SAFETY ENFORCEMENT
SEC. 301. WITHHOLDING FOR NONCOMPLIANCE OF BACKGROUND CHECKS OF SCHOOL
BUS DRIVERS.
(a) Withholding Apportionments.--Chapter 1 of title 23, United
States Code, is further amended by adding at the end the following:
``Sec. 172. Withholding apportionments for noncompliance of background
checks of school bus drivers
``(a) Withholding.--The Secretary shall withhold 10 percent of the
amount required to be apportioned to any State under paragraphs (1),
(3), and (4) of section 104(b) on October 1, 2015, and on each October
1 thereafter if the State does not meet the requirements of paragraph
(2).
``(b) Requirement.--A State meets the requirements of this
paragraph if the State has enacted a law that requires the employer to
conduct a background check before hiring a school bus driver. Such
background check shall include--
``(1) a review of State and local court information on
arrests, charges, convictions;
``(2) a review of any sex offender registry; and
``(3) a review of any child abuse or dependent adult abuse
registry.
``(c) Period of Availability of Apportioned Funds.--Funds withheld
after the date specified in subsection (a)(1) from apportionments to
any State shall not be available for apportionment to that State and
such funds will lapse.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is further amended by adding at the end the
following:
``172. Withholding apportionments for noncompliance of background
checks of school bus drivers''.
TITLE IV--SCHOOL BUS SEAT BELT DEMONSTRATION PROGRAM
SEC. 401. SCHOOL BUS SEAT BELT DEMONSTRATION PROGRAM.
(a) In General.--The Secretary of Transportation may award grants
to States to develop a school bus seat belt program to purchase type 1
school buses equipped with lap/shoulder seat belts or equip existing
type 1 school buses with lap/shoulder seat belts.
(b) Application.--In order to qualify for a grant under this
section, a State shall submit an application to the Secretary at such
time, in such manner, and containing such information and assurances as
the Secretary may require, including--
(1) an assurance that the State will use grant funds to
purchase type I school buses with lap/shoulder seat belts or
equip existing type 1 school buses with such seat belts;
(2) an assurance that the State is in compliance with
sections 171 and 172 of title 23, United States Code; and
(3) a list of the local educational agencies which the
State selects to receive the seat belt equipped buses,
including the reasons why each agency should receive school
buses with seat belts.
(c) Local Educational Agency Requirements.--The State shall require
that any local educational agency that receives grant funds pursuant to
this Act shall develop--
(1) a plan to ensure that all students riding the school
buses with lap/shoulder belts are using them; and
(2) an educational program regarding seat belt safety.
(d) Grant Amounts.--Before awarding a grant under this section, the
Secretary shall ensure that each grant award is of sufficient size and
scope to carry out the requirements of this section.
(e) Funding.--In order to fund grant awards under this section, the
Secretary shall use funds not apportioned pursuant to sections 171 and
172 of title 23, United States Code.
(f) Definition.--In this section, the term ``type 1 school bus''
means a school bus weighing more than 10,000 pounds.
(g) Reporting.--Not later than 1 year after the date of enactment
of this Act, the State shall submit a report to the Secretary regarding
the effectiveness of the lap/shoulder seat belt program in any local
educational agency using grant funds under this section, including--
(1) student usage of seat belts; and
(2) the impact on school bus seating capacity.
TITLE V--NHTSA STUDY
SEC. 501. NHTSA STUDY.
(a) In General.--The National Highway Traffic Safety Board shall
conduct a comprehensive study regarding the effects of illegal passing
of school buses.
(b) Study and Pilot Program.--The study shall include--
(1) a pilot program demonstrating the effectiveness of
additional technologies and equipment on school buses,
including additional front and rear stop arms, driver alert
devices, secondary warning signs and aids to general visibility
of buses;
(2) enforcement schemes, including camera systems and
increased fines on preventing, mitigating, and enforcing
against illegal passing of school buses;
(3) establishment and comparison of baseline performance
standards for existing school buses and operations that can be
measured and validated with school buses with additional
equipment, over a set period of time, in a broad geographic
area; and
(4) consideration of the impact of additional driver
training and a targeted public awareness and education campaign
on the prevention, mitigation, and enforcement of illegal
passing of school buses.
(c) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Board shall submit a report to Congress with
the results of the study and make recommendations for changes to
Federal, State, and local laws and regulations to prevent, mitigate,
and better enforce illegal school bus passing laws. | School Bus Safety Act - Kadyn's Act - Directs the Secretary of Transportation (DOT) to withhold 10% of a state's apportionment of certain federal-aid highway funds if the state has not enacted and is not enforcing a law that imposes specified first offense and second offense civil and criminal penalties for motorists found guilty of illegally passing a stopped school bus. Grants for Motion-Activated Detection System on School Buses Act - Authorizes the Secretary to provide grants to states to equip school buses with motion-activated detection systems. Directs the Secretary to withhold 10% of a state's apportionment of certain federal-aid highway funds if the state has not enacted a law that requires the employer to conduct background checks before hiring school bus drivers. Authorizes the Secretary to award grants to states to develop a school bus seat belt demonstration program to purchase type 1 school buses (weighing more than 10,000 pounds) equipped with lap/shoulder seat belts or equip such existing buses with such belts. Directs the National Highway Traffic Safety Administration to study the effects of illegal passing of school buses, including a pilot program demonstrating the effectiveness of additional technologies and equipment on the buses. | School Bus Safety Act |
SECTION 1. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Mid-level ethanol blend.--The term ``mid-level ethanol
blend'' means an ethanol-gasoline blend containing greater than
10 and up to and including 20 percent ethanol by volume that is
intended to be used in any conventional gasoline-powered motor
vehicle or nonroad vehicle or engine.
SEC. 2. EVALUATION.
(a) In General.--The Administrator, acting through the Assistant
Administrator of the Office of Research and Development at the
Environmental Protection Agency, shall--
(1) not later than 45 days after the date of enactment of
this Act, enter into an agreement with the National Academy of
Sciences to provide, within 18 months after the date of
enactment of this Act, a comprehensive assessment of the
scientific and technical research on the implications of the
use of mid-level ethanol blends, comparing mid-level ethanol
blends to gasoline blends containing 10 percent or 0 percent
ethanol; and
(2) not later than 30 days after receiving the results of
the assessment under paragraph (1), submit a report to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Environment and Public
Works of the Senate on the findings of the assessment, together
with the agreement or disagreement of the Administrator with
each of its findings.
(b) Contents.--The assessment performed under subsection (a)(1)
shall include the following:
(1) An evaluation of the short-term and long-term
environmental, safety, durability, and performance effects of
the introduction of mid-level ethanol blends on onroad,
nonroad, and marine engines, onroad and nonroad vehicles, and
related equipment. Such evaluation shall consider the impacts
of qualifying mid-level ethanol blends or blends with higher
ethanol concentrations as a certification fuel. Such evaluation
shall include a review of all available scientific evidence,
including that relied upon by the Administrator and published
at 75 Fed. Reg. 68094 et seq. (November 4, 2010), 76 Fed. Reg.
4662 et seq. (January 26, 2011), and 76 Fed. Reg. 44406 et seq.
(July 25, 2011), and identify gaps in understanding and
research needs related to--
(A) tailpipe emissions;
(B) evaporative emissions;
(C) engine and fuel system durability;
(D) onboard diagnostics;
(E) emissions inventory and other modeling effects;
(F) materials compatibility;
(G) operability and drivability;
(H) fuel efficiency;
(I) fuel economy;
(J) knock resistance;
(K) consumer education and satisfaction;
(L) cost effectiveness for the consumer;
(M) catalyst durability; and
(N) durability of storage tanks, piping, and
dispensers for retail.
(2) An identification of areas of research, development,
and testing necessary to--
(A) ensure that existing motor fuel infrastructure
is not adversely impacted by mid-level ethanol blends,
including an examination of potential impacts of mid-
level ethanol blends on metal, plastic, rubber, or any
other materials used in pipes or storage tanks; and
(B) reduce the risk of misfueling by users at
various points in the distribution and supply chain,
including at bulk storage, retail storage, and
distribution configurations by--
(i) assessing the best methods and
practices to prevent misfueling;
(ii) examining misfueling mitigation
strategies for blender pumps, including
volumetric purchase requirements and labeling
requirements;
(iii) assessing the adequacy of and ability
for misfueling mitigation plans approved by the
Environmental Protection Agency; and
(iv) soliciting and considering
recommendations of the National Institute of
Standards and Technology, the American National
Standards Institute, the International
Organization for Standardization, and the
National Conference on Weights and Measures
regarding fuel pump labeling.
(c) Waivers.--Prior to the submission of the report under
subsection (a)(2), any waiver granted under section 211(f)(4) of the
Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of
this Act that allows the introduction into commerce of mid-level
ethanol blends for use in motor vehicles shall have no force or effect.
The Administrator shall grant no new waivers under such section
211(f)(4) until after the submission of the report described under
subsection (a)(2).
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
In order to carry out this Act, the Administrator shall utilize up
to $900,000 from the funds made available for science and technology,
including research and development activities, at the Environmental
Protection Agency. | This bill requires the Office of Research and Development at the Environmental Protection Agency to enter into an agreement with the National Academy of Sciences to provide a comprehensive assessment of research on the implications of the use of mid-level ethanol blends, which compares mid-level ethanol blends to gasoline blends containing 10% or 0% ethanol. A mid-level ethanol blend is an ethanol-gasoline blend containing 10%- 20% of ethanol that is intended to be used in any conventional gasoline-powered motor vehicle or nonroad vehicle or engine. The assessment must: (1) evaluate the environmental, safety, durability, and performance effects of the introduction of mid-level blends on onroad, nonroad, and marine engines, onroad and nonroad vehicles, and related equipment; and (2) identify areas of research, development, and testing necessary to ensure that existing motor fuel infrastructure is not adversely impacted by mid-level ethanol blends and to reduce the risk of misfueling by users at various points in the distribution and supply chain. The office must report on the assessment's findings. Any waivers granted under the Clean Air Act to allow the sale of mid-level ethanol blends for use in motor vehicles are nullified. The office is also prohibited from granting new waivers until after the report is submitted. | To provide for a comprehensive assessment of the scientific and technical research on the implications of the use of mid-level ethanol blends, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Loan Forgiveness Act of
2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to 2005 statistics from the American Hospital
Association, 118,000 nurses are needed to fill vacancies at our
nation's hospitals, and more than 75 percent of all hospital
personnel vacancies are for nurses.
(2) According to a study by the Department of Health and
Human Services in 2002, the United States will experience a 29
percent shortage in the number of nurses needed in the United
States health care system by the year 2020, which translates
into a shortage of more than 400,000 registered nurses
nationwide.
(3) Research indicates that there is a great need for
health care services, especially hospitals and prescription
drugs, but there continues to be a 28 percent decrease in
national licensure examination for all entry-level registered
nurses.
(4) The Department of Labor projects a 29 percent increase
in the need for nurses nationwide from 2004 to 2014, compared
with a 13 percent increase for all other occupations.
(5) The General Accounting Office estimates that 40 percent
of all registered nurses will be older than age 50 by the year
2010.
(6) Of those registered nurses in 2004, an estimated 16
percent have chosen to not practice in the field.
SEC. 3. LOAN FORGIVENESS PROGRAM ESTABLISHED.
Part B of title IV of the Higher Education Act of 1965 is amended
by inserting after section 428K (20 U.S.C. 1078-11) the following new
section:
``SEC. 428L. LOAN FORGIVENESS FOR NURSES.
``(a) Purposes.--The purposes of this section are--
``(1) to encourage--
``(A) individuals to enter and continue in the
nursing profession; and
``(B) experienced nurses to instruct nurses
entering the profession; and
``(2) to reward such individuals for their service in the
nursing profession by reducing the burden of student debt.
``(b) Loan Forgiveness.--
``(1) Loan forgiveness authorized.--The Secretary is
authorized to forgive, in accordance with this section, the
student loan debt of an eligible borrower in the amount
specified in subsection (d) for each of the first 5 complete
years of service described in subsection (c)(1) by such
eligible borrower that occur after the date of enactment of
this section.
``(2) Method of loan forgiveness.--To provide the loan
forgiveness authorized in paragraph (1), the Secretary is
authorized to carry out a program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount for a loan
made under this part; and
``(B) to cancel a qualified loan amount for a loan
made under part D of this title.
``(3) Limitation on consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this section only to the extent that such
loan amount was used to repay a Federal Direct Stafford Loan, a
Federal Direct Unsubsidized Stafford Loan, or a loan made under
section 428 or 428H for an eligible borrower, as determined in
accordance with regulations prescribed by the Secretary.
``(c) Eligible Borrower.--The Secretary is authorized to provide
loan forgiveness under this section to any individual who--
``(1) has been employed for at least one calendar year--
``(A) as a full-time registered nurse in a health
care facility or a health care setting approved by the
Secretary of Health and Human Services for the purposes
of this section; or
``(B) as a nursing instructor in a school of
nursing as defined by the Public Health Service Act (42
U.S.C. 296);
``(2) if qualifying on the basis of the employment
described in paragraph (1)(B), has received a Masters of
Science in Nursing; and
``(3) is not in default on a loan for which the borrower
seeks forgiveness.
``(d) Loan Forgiveness Amounts.--The Secretary shall, from funds
appropriated under subsection (j), forgive the loan obligation of an
eligible borrower in accordance with subsection (b)(2) and in the
following increments:
``(1) After the first calendar year of employment described
in subsection (c)(1), not more than $2,000.
``(2) After the second such year of employment, not more
than $2,500.
``(3) After the third such year of employment, not more
than $3,000.
``(4) After the fourth such year of employment, not more
than $4,500.
``(5) After the fifth such year of employment, not more
than $5,000.
``(e) Application for Loan Forgiveness.--An eligible borrower
desiring loan forgiveness under this section shall submit a complete
and accurate application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(f) Priority.--The Secretary shall grant loan forgiveness under
this section on a first-come, first-served basis, and subject to the
availability of appropriations.
``(g) Regulations.--The Secretary is authorized to prescribe such
regulations as may be necessary to carry out the provisions of this
section.
``(h) Construction.--Nothing in this section shall be construed to
authorize the refunding of any repayment of any loan.
``(i) Prevention of Double Benefits.--No borrower may, for the same
service, receive a benefit under both this section and subtitle D of
title I of the National and Community Service Act of 1990 (42 U.S.C.
12571 et seq.). No borrower may receive a benefit under this section
for both employment described in subsection (c)(1)(A) and employment
described in subsection (c)(1)(B).
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2008 and each of the 5 succeeding fiscal years.''. | Nurse Loan Forgiveness Act of 2007 - Amends the Higher Education Act of 1965 (HEA) to include, under HEA student loan forgiveness and cancellation programs, nurses who: (1) serve at least one calendar year in an approved health care facility or setting; or (2) have a Masters of Science in Nursing and are nursing instructors in a school of nursing.
Limits the maximum amount of such loan repayment by the Secretary of Education to $2,000 after the first year of a nurse's employment, with incremental increases after the second through fourth years, up to $5,000 after the fifth year. | To amend the Higher Education Act of 1965 to establish a student loan forgiveness program for nurses. |
SECTION 1. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES.
Part A of title IV of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7111 et seq.) is amended--
(1) in section 4004--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) in paragraph (3) as redesignated, by striking
``subpart 2'' and inserting ``subpart 3''; and
(D) by inserting after paragraph (1) the following:
``(2) $25,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 4 succeeding fiscal years to carry
out subpart 2;''.
(2) by redesignating subparts 2 and 3 as 3 and 4,
respectively;
(3) by redesignating sections 4131 through 4134 as sections
4141 through 4144, respectively;
(4) by redesignating section 4121 as section 4131 and
section 4123 as section 4132, respectively; and
(5) by inserting after subpart 1 the following:
``Subpart 2--Effective Prevention Program Implementation
``SEC. 4121. COMPREHENSIVE PREVENTION TECHNICAL ASSISTANCE GRANTS.
``(a) Program Authorized.--The Secretary is authorized to provide
grants to States that meet the requirements of this subpart to
implement prevention programs that meet a high scientific standard of
program effectiveness.
``(b) Contents of State Plan.--To be eligible to receive a grant
under this subpart, a State educational agency shall submit an
application that includes a State plan that describes--
``(1) the process and selection criteria by which the State
educational agency will make competitive grants to eligible
local educational agencies;
``(2) how the State educational agency will ensure that
only high quality, well-defined, and well-documented
comprehensive prevention programs are funded;
``(3) how the State educational agency will disseminate
materials developed or collected by the Secretary about
research-based, proven-effective comprehensive prevention
models and will provide technical assistance to assist local
educational agencies in evaluating, selecting, developing, and
implementing comprehensive prevention programs;
``(4) how the State educational agency will evaluate the
implementation of comprehensive prevention programs and measure
the results achieved in preventing violence, criminal and
delinquent behavior, substance abuse, and other problem
behaviors and improving student academic performance;
``(5) how the State educational agency will ensure that
local programs meet the requirements of section 4124(b);
``(6) provide assurances that funds provided under this
subpart shall supplement, not supplant, other Federal, State,
and local funds that would otherwise be available for the
purposes described under this subpart; and
``(7) such other criteria as the Secretary may reasonably
require.
``SEC. 4122. RESERVATIONS AND ALLOCATIONS.
``(a) Reservations.--From the funds made available in section
4004(2) to carry out this subpart for each fiscal year, the Secretary
shall--
``(1) reserve funds in accordance with paragraphs (1), (2),
and (4) of section 4011(a); and
``(2) except as provided in subsection (b), allocate the
remainder of funds among the States in accordance with section
4011(b)(1).
``(b) Reallocation of Funds to States.--In a case in which a State
educational agency does not develop a plan that meets the requirements
of section 4121(b), the Secretary shall not make an allocation to the
State under subsection (a)(2) and shall allocate such funds in
accordance with section 4011(b)(1) to other States that have developed
such plans. Funds allocated to a State under this subsection may be
used only to implement programs under this subpart.
``SEC. 4123. DISTRIBUTION OF FUNDS.
``(a) Funds to Local Educational Agencies.--
``(1) In general.--From the amounts made available under
section 4004(2), each State educational agency that receives an
award under this subpart shall use such funds to provide
competitive grants to local educational agencies.
``(2) Awards.--In awarding competitive grants under this
subpart, a State educational agency shall--
``(A) give the highest priority to local
educational agencies with demonstrated need in
accordance with the criteria described in section
4113(d)(2)(C)(ii);
``(B) make grant awards that are of sufficient size
and scope to support the initial startup costs for a
comprehensive prevention plan that meets the
requirements of this subpart; and
``(C) take into account the equitable distribution
of awards to different geographic regions within the
State, including urban and rural areas, and to schools
serving elementary and secondary students.
``(b) Reservation.--A State educational agency may use not more
than 5 percent of the funds made available to it under this section for
administrative, evaluation, and technical assistance expenses,
including expenses necessary to inform local educational agencies about
research-based, proven-effective comprehensive prevention approaches.
``SEC. 4124. LOCAL AWARDS.
``(a) In General.--To be eligible to receive a subgrant under this
subpart for any fiscal year, a local educational agency shall submit,
at such time as the State educational agency requires, an application
to the State educational agency for approval.
``(b) Plan.--Each local educational agency shall submit a plan to
the State educational agency to demonstrate how it will meet the
requirements of subsection (c).
``(c) Use of Funds.--A grant awarded to a local educational agency
under this subpart shall be used only for the purpose of identifying
and implementing comprehensive prevention programs that--
``(1) employ strategies or approaches that are based on
reliable research and that show effectiveness in preventing
violence, criminal and delinquent behavior, substance abuse,
and other problem behaviors and improving student academic
performance;
``(2) comprehensively address the mental, emotional,
social, and physical health of children and adolescents;
``(3) employ developmentally appropriate activities and
interventions;
``(4) assist children and adolescents in improving
cognitive, affective, and behavioral skills;
``(5) use methods that ensure the active engagement of the
children and adolescents who participate and that facilitate
better communication between children and adults about problem
situations;
``(6) provide for the meaningful involvement of parents,
educators, health and mental health professionals, and the
local community in planning and implementation;
``(7) provide high-quality and continuous staff
professional development and training;
``(8) have measurable outcome goals and a clear evaluation
plan, including annual reports to the State and the Secretary;
``(9) use high-quality external technical support and
assistance from individuals or entities with experience and
expertise in developing, implementing, and evaluating
comprehensive prevention approaches; and
``(10) identify how other resources (Federal, State, local,
and private) available to the State will be used to coordinate
services to support and sustain the comprehensive prevention
effort.''. | Amends the Safe and Drug-Free Schools and Communities Act of 1994 (which is part A of title IV of the Elementary and Secondary Education Act of 1965) to establish provisions for Effective Prevention Program Implementation through a program of technical assistance grants for comprehensive prevention of violence, criminal and delinquent behavior, substance abuse, and other problem behaviors.Authorizes the Secretary of Education to provide such grants to States that meet specified requirements to implement prevention programs that meet a high scientific standard of program effectiveness. Requires: (1) State distribution of program funds through competitive grants to local educational agencies (LEAs); and (2) LEA use of funds for comprehensive prevention programs. | To amend the Safe and Drug-Free Schools and Communities Act of 1994 to provide comprehensive technical assistance and implement prevention programs that meet a high scientific standard of program effectiveness. |
SECTION 1. CANEEL BAY LEASE AUTHORIZATION.
(a) Definitions.--In this section:
(1) Park.--The term ``Park'' means the Virgin Islands National
Park.
(2) Resort.--The term ``resort'' means the Caneel Bay resort on
the island of St. John in the Park.
(3) Retained use estate.--The term ``retained use estate''
means the retained use estate for the Caneel Bay property on the
island of St. John entered into between the Jackson Hole Preserve
and the United States on September 30, 1983 (as amended, assigned,
and assumed).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Lease Authorization.--
(1) In general.--If the Secretary determines that the long-term
benefit to the Park would be greater by entering into a lease with
the owner of the retained use estate than by authorizing a
concession contract upon the termination of the retained use
estate, the Secretary may enter into a lease with the owner of the
retained use estate for the operation and management of the resort.
(2) Acquisitions.--The Secretary may--
(A) acquire associated property from the owner of the
retained use estate; and
(B) on the acquisition of property under subparagraph (A),
administer the property as part of the Park.
(3) Authority.--Except as otherwise provided by this section, a
lease shall be in accordance with subsection (k) of section 3 of
Public Law 91-383 (16 U.S.C. 1a-2(k)), notwithstanding paragraph
(2) of that subsection.
(4) Terms and conditions.--A lease authorized under this
section shall--
(A) be for the minimum number of years practicable, taking
into consideration the need for the lessee to secure financing
for necessary capital improvements to the resort, but in no
event shall the term of the lease exceed 40 years;
(B) prohibit any transfer, assignment, or sale of the lease
or otherwise convey or pledge any interest in the lease without
prior written notification to, and approval by the Secretary;
(C) ensure that the general character of the resort
property remains unchanged, including a prohibition against--
(i) any increase in the overall size of the resort; or
(ii) any increase in the number of guest accommodations
available at the resort;
(D) prohibit the sale of partial ownership shares or
timeshares in the resort;
(E) include provisions to ensure the protection of the
natural, cultural, and historic features of the resort and
associated property, consistent with the laws and policies
applicable to property managed by the National Park Service;
and
(F) include any other provisions determined by the
Secretary to be necessary to protect the Park and the public
interest.
(5) Rental amounts.--In determining the fair market value
rental of the lease required under section 3(k)(4) of Public Law
91-383 (16 U.S.C. 1a-2(k)(4)), the Secretary shall take into
consideration--
(A) the value of any associated property conveyed to the
United States; and
(B) the value, if any, of the relinquished term of the
retained use estate.
(6) Use of proceeds.--Rental amounts paid to the United States
under a lease shall be available to the Secretary, without further
appropriation, for visitor services and resource protection within
the Park.
(7) Congressional notification.--The Secretary shall submit a
proposed lease under this section to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives at least 60 days before
the award of the lease.
(8) Renewal.--A lease entered into under this section may not
be extended or renewed.
(9) Termination.--Upon the termination of a lease entered into
under this section, if the Secretary determines the continuation of
commercial services at the resort to be appropriate, the services
shall be provided in accordance with the National Park Service
Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et
seq.).
(c) Retained Use Estate.--
(1) In general.--As a condition of the lease, the owner of the
retained use estate shall terminate, extinguish, and relinquish to
the Secretary all rights under the retained use estate and shall
transfer, without consideration, ownership of improvements on the
retained use estate to the National Park Service.
(2) Appraisal.--
(A) In general.--The Secretary shall require an appraisal
by an independent, qualified appraiser who is agreed to by the
Secretary and the owner of the retained use estate to determine
the value, if any, of the relinquished term of the retained use
estate.
(B) Requirements.--An appraisal under paragraph (1) shall
be conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes the Secretary of the Interior, if the long-term benefit to the Virgin Islands National Park would be greater by entering into a lease than by authorizing a concession contract, to enter into a lease with the owner of the retained use estate for the operation and management of the Caneel Bay resort on the island in the Park.
Allows the Secretary to acquire associated property.
Sets forth the terms and conditions for the lease authorized by this Act, including provisions ensuring protection of the natural, cultural, and historic features of the resort and associated property, consistent with the laws and policies applicable to property managed by the National Park Service (NPS).
Instructs the Secretary, in determining the fair market value rental of the lease, to take into consideration: (1) the value of any associated property conveyed; and (2) the value, if any, of the relinquished term of the retained use estate.
Makes rental amounts paid to the United States under the lease available for visitor services and resource protection within the Virgin Islands National Park.
Requires the Secretary to submit a proposed lease to Congress at least 60 days before the award of the lease.
Prohibits the extension or renewal of a lease entered into under this Act.
Requires, upon the termination of such a lease, that if the Secretary determines the continuation of commercial services at the resort to be appropriate, such services shall be provided in accordance with the National Park Service Concessions Management Improvement Act of 1998.
Requires the owner of the retained use estate to terminate, extinguish, and relinquish to the Secretary all rights under the retained use estate and transfer, without consideration, ownership of improvements on the retained use estate to the NPS.
Requires an appraisal that is agreed to by the Secretary and the owner to determine the value, if any, of the relinquished term of the retained use estate, to be conducted in accordance with this Act. | To authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare Lock-
Box Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the Balanced Budget Act of 1997 and strong economic
growth have ended decades of deficit spending;
(2) the Government is able to meet its current obligations
without using the social security and medicare surpluses;
(3) fiscal pressures will mount as an aging population
increases the Government's obligations to provide retirement
income and health services;
(4) social security and medicare hospital insurance
surpluses should be used to reduce the debt held by the public
until legislation is enacted that reforms social security and
medicare;
(5) preserving the social security and medicare hospital
insurance surpluses would restore confidence in the long-term
financial integrity of social security and medicare; and
(6) strengthening the Government's fiscal position through
debt reduction would increase national savings, promote
economic growth, and reduce its interest payments.
(b) Purpose.--It is the purpose of this Act to--
(1) prevent the surpluses of the social security and
medicare hospital insurance trust funds from being used for any
purpose other than providing retirement and health security;
and
(2) use such surpluses to pay down the national debt until
such time as medicare and social security reform legislation is
enacted.
SEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE SURPLUSES.
(a) Protection of Social Security and Medicare Surpluses.--Title
III of the Congressional Budget Act of 1974 is amended by adding at the
end the following new section:
``lock-box for social security and hospital insurance surpluses
``Sec. 316. (a) Lock-box for Social Security and Hospital Insurance
Surpluses.--
``(1) Concurrent resolutions on the budget.--
``(A) In general.--It shall not be in order in the
House of Representatives or the Senate to consider any
concurrent resolution on the budget, or an amendment
thereto or conference report thereon, that would set
forth a surplus for any fiscal year that is less than
the surplus of the Federal Hospital Insurance Trust
Fund for that fiscal year.
``(B) Exception.--(i) Subparagraph (A) shall not
apply to the extent that a violation of such
subparagraph would result from an assumption in the
resolution, amendment, or conference report, as
applicable, of an increase in outlays or a decrease in
revenue relative to the baseline underlying that
resolution for social security reform legislation or
medicare reform legislation for any such fiscal year.
``(ii) If a concurrent resolution on the budget, or
an amendment thereto or conference report thereon,
would be in violation of subparagraph (A) because of an
assumption of an increase in outlays or a decrease in
revenue relative to the baseline underlying that
resolution for social security reform legislation or
medicare reform legislation for any such fiscal year,
then that resolution shall include a statement
identifying any such increase in outlays or decrease in
revenue.
``(2) Spending and tax legislation.--
``(A) In general.--It shall not be in order in the
House of Representatives or the Senate to consider any
bill, joint resolution, amendment, motion, or
conference report if--
``(i) the enactment of that bill or
resolution, as reported;
``(ii) the adoption and enactment of that
amendment; or
``(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would cause the surplus for any fiscal year covered by
the most recently agreed to concurrent resolution on
the budget to be less than the surplus of the Federal
Hospital Insurance Trust Fund for that fiscal year.
``(B) Exception.--Subparagraph (A) shall not apply
to social security reform legislation or medicare
reform legislation.
``(b) Enforcement.--
``(1) Budgetary levels with respect to concurrent
resolutions on the budget.--For purposes of enforcing any point
of order under subsection (a)(1), the surplus for any fiscal
year shall be--
``(A) the levels set forth in the later of the
concurrent resolution on the budget, as reported, or in
the conference report on the concurrent resolution on
the budget; and
``(B) adjusted to the maximum extent allowable
under all procedures that allow budgetary aggregates to
be adjusted for legislation that would cause a decrease
in the surplus for any fiscal year covered by the
concurrent resolution on the budget (other than
procedures described in paragraph (2)(A)(ii)).
``(2) Current levels with respect to spending and tax
legislation.--
``(A) In general.--For purposes of enforcing
subsection (a)(2), the current levels of the surplus
for any fiscal year shall be--
``(i) calculated using the following
assumptions--
``(I) direct spending and revenue
levels at the baseline levels
underlying the most recently agreed to
concurrent resolution on the budget;
and
``(II) for the budget year,
discretionary spending levels at
current law levels and, for outyears,
discretionary spending levels at the
baseline levels underlying the most
recently agreed to concurrent
resolution on the budget; and
``(ii) adjusted for changes in the surplus
levels set forth in the most recently agreed to
concurrent resolution on the budget pursuant to
procedures in such resolution that authorize
adjustments in budgetary aggregates for updated
economic and technical assumptions in the mid-
session report of the Director of the
Congressional Budget Office.
Such revisions shall be included in the first current
level report on the congressional budget submitted for
publication in the Congressional Record after the
release of such mid-session report.
``(B) Budgetary treatment.--Outlays (or receipts)
for any fiscal year resulting from social security or
medicare reform legislation in excess of the amount of
outlays (or less than the amount of receipts) for that
fiscal year set forth in the most recently agreed to
concurrent resolution on the budget or the section
302(a) allocation for such legislation, as applicable,
shall not be taken into account for purposes of
enforcing any point of order under subsection (a)(2).
``(3) Disclosure of hi Surplus.--For purposes of enforcing
any point of order under subsection (a), the surplus of the
Federal Hospital Insurance Trust Fund for a fiscal year shall
be the levels set forth in the later of the report accompanying
the concurrent resolution on the budget (or, in the absence of
such a report, placed in the Congressional Record prior to the
consideration of such resolution) or in the joint explanatory
statement of managers accompanying such resolution.
``(c) Additional Content of Reports Accompanying Budget Resolutions
and of Joint Explanatory Statements.--The report accompanying any
concurrent resolution on the budget and the joint explanatory statement
accompanying the conference report on each such resolution shall
include the levels of the surplus in the budget for each fiscal year
set forth in such resolution and of the surplus or deficit in the
Federal Hospital Insurance Trust Fund, calculated using the assumptions
set forth in subsection (b)(2)(A).
``(d) Definitions.--As used in this section:
``(1) The term `medicare reform legislation' means a bill
or a joint resolution to save Medicare that includes a
provision stating the following: `For purposes of section
316(a) of the Congressional Budget Act of 1974, this Act
constitutes medicare reform legislation.'.
``(2) The term `social security reform legislation' means a
bill or a joint resolution to save social security that
includes a provision stating the following: `For purposes of
section 316(a) of the Congressional Budget Act of 1974, this
Act constitutes social security reform legislation.'.
``(e) Waiver and Appeal.--Subsection (a) may be waived or suspended
in the Senate only by an affirmative vote of three-fifths of the
Members, duly chosen and sworn. An affirmative vote of three-fifths of
the Members of the Senate, duly chosen and sworn, shall be required in
the Senate to sustain an appeal of the ruling of the Chair on a point
of order raised under this section.
``(f) Effective Date.--This section shall cease to have any force
or effect upon the enactment of social security reform legislation and
medicare reform legislation.''.
(b) Conforming Amendment.--The item relating to section 316 in the
table of contents set forth in section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended to read as follows:
``Sec. 316. Lock-box for social security and hospital insurance
surpluses.''.
SEC. 4. PRESIDENTS' BUDGET.
(a) Protection of Social Security and Medicare Surpluses.--If the
budget of the United States Government submitted by the President under
section 1105(a) of title 31, United States Code, recommends an on-
budget surplus for any fiscal year that is less than the surplus of the
Federal Hospital Insurance Trust Fund for that fiscal year, then it
shall include a detailed proposal for social security reform
legislation or medicare reform legislation.
(b) Effective Date.--Subsection (a) shall cease to have any force
or effect upon the enactment of social security reform legislation and
medicare reform legislation as defined by section 316(d) of the
Congressional Budget Act of 1974.
Passed the House of Representatives February 13, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Social Security and Medicare Lock-Box Act of 2001 - Amends the Congressional Budget Act of 1974 to provide a point of order against consideration of any: (1) budget resolution that sets forth a surplus for any fiscal year that is less than the surplus of the Federal Hospital Insurance Trust Fund for such year; or (2) legislation that would cause any surplus to be less than the Fund surplus for the covered fiscal year.Makes the point of order described in (1) above inapplicable to the extent that a violation would result from an assumption in the resolution of an increase in outlays or decrease in revenue relative to the baseline underlying the resolution for social security or Medicare reform legislation. Makes the point of order described in (2) above inapplicable to social security or Medicare reform legislation. Establishes the levels of surplus for purposes of enforcing the preceding points of order. Authorizes a waiver or suspension of such points of order only by an affirmative vote of three-fifths of the Members of the Senate.Requires any Federal budget submitted by the President that recommends an on-budget surplus for any fiscal year that is less than the surplus of the Fund for such year to include a proposal for social security or Medicare reform legislation. Makes this Act inapplicable upon the enactment of social security and Medicare reform legislation. Defines "social security reform legislation" and "Medicare reform legislation" as a bill or joint resolution to save social security or Medicare, respectively, that specifies that it constitutes reform legislation. | To establish a procedure to safeguard the surpluses of the Social Security and Medicare hospital insurance trust funds. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jesse Gray Housing Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the number of rental dwelling units available for lower
income families is insufficient, and the physical condition of
a substantial portion of such dwelling units is inadequate;
(2) Federal housing assistance programs, such as rent
subsidies, vouchers, and other rental and mortgage assistance,
too frequently assist middle and higher income families and do
not meet the demand for housing by lower income families;
(3) such Federal housing assistance programs are not cost-
effective, due to a lack of suitable rental dwelling units
available for lower income families; and
(4) a significant number of families are paying more than
25 percent of their monthly income for rent.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that all families in the United States have
access to rental dwelling units at rents that are not more than
25 percent of their monthly income, and that such rental
dwelling units are decent, safe, and sanitary;
(2) to ensure that all funds for housing assistance by the
Federal Government benefit lower income families by requiring
the Secretary of Housing and Urban Development to propose that
Federal housing assistance be limited to lower income families;
and
(3) to encourage the establishment of a public housing
system that consists of--
(A) projects located throughout metropolitan and
rural areas;
(B) low-density projects, to the extent
practicable; and
(C) dwelling units that are visually
indistinguishable from comparable privately owned
dwelling units.
SEC. 3. CONSTRUCTION OF PUBLIC HOUSING.
Section 5 of the United States Housing Act of 1937 (42 U.S.C.
1437c) is amended by adding at the end the following new subsection:
``(m)(1) The Secretary shall carry out a program for the
construction of 500,000 new dwelling units in public housing during
each of the fiscal years 1998 through 2007.
``(2) There are authorized to be appropriated to carry out this
subsection such sums as may be necessary for each of the fiscal years
1998 through 2007. Any amount appropriated under this paragraph shall
remain available until expended.''.
SEC. 4. REVITALIZATION OF PUBLIC HOUSING.
Section 14(b) of the United States Housing Act of 1937 (42 U.S.C.
1437l(b)) is amended by adding at the end the following new paragraph:
``(3)(A) To the extent approved in appropriation Acts and subject
to subparagraph (B), the Secretary shall make available and contract to
make available financial assistance under this subsection, in addition
to financial assistance made available under paragraphs (1) and (2). In
making assistance available under this paragraph, the Secretary shall
give particular preference to public housing agencies requesting such
assistance for public housing projects that the Secretary determines
would likely have been subject to demolition or disposition under
section 18, as such section was in effect before the date of the
enactment of the Jesse Gray Housing Act.
``(B) For purposes of this paragraph, the aggregate amount of
budget authority that may be obligated for contracts for annual
contributions is increased on October 1 of each of the years 1997
through 2006 by the amount necessary to provide for the revitalization
of 100,000 dwelling units in public housing during each of the fiscal
years 1998 through 2007, respectively.''.
SEC. 5. PROHIBITION OF DEMOLITION AND DISPOSITION OF PUBLIC HOUSING.
(a) In General.--Section 18(a) of the United States Housing Act of
1937 (42 U.S.C. 1437p(a)) is amended by striking ``The Secretary'' and
all that follows and inserting the following: ``The Secretary may not
authorize any public housing agency to demolish or dispose of any
public housing project or any portion of a public housing project.''.
(b) Conforming Amendments.--Section 18 of the United States Housing
Act of 1937 is amended--
(1) by striking subsections (b), (c), (e), and (f);
(2) in subsection (d), by striking ``without obtaining the
approval of the Secretary and satisfying the conditions
specified in subsections (a) and (b)''; and
(3) by redesignating subsections (d) and (g) as subsections
(b) and (c), respectively.
SEC. 6. TENANT RENT CONTRIBUTIONS.
(a) Lower Income Housing Under the United States Housing Act of
1937.--The United States Housing Act of 1937 is amended--
(1) in section 3(a)(1)(A) (42 U.S.C. 1437a(a)(1)(A)), by
striking ``30'' and inserting ``25'';
(2) in section 8(o) (42 U.S.C. 1437f(o)), by striking
``30'' each place it appears and inserting ``25'';
(3) in section 8(u)(2) (42 U.S.C. 1437f(u)(2)), by striking
``30'' and inserting ``25'';
(4) in section 8(y)(2)(A) (42 U.S.C. 1437f(y)(2)(A)), by
striking ``30'' and inserting ``25'';
(5) in section 16(d)(1) (42 U.S.C. 1437n(d)(1)), by
striking ``30'' and inserting ``25'';
(6) in section 23(d) (42 U.S.C. 1437u(d)), by striking
``30'' each place it appears and inserting ``25''; and
(7) in section 304(b) (42 U.S.C. 1437aaa-3(b)), by striking
``30'' and inserting ``25''.
(b) Public Housing Mixed Income New Communities Strategy
Demonstration.--Section 521(e)(4) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 1437f note) is amended by striking
``30'' and inserting ``25''.
(c) Supportive Housing for the Elderly.--Section 202(c)(3) of the
Housing Act of 1959 (12 U.S.C. 1701q(c)(3)) is amended by striking
``30'' and inserting ``25''.
(d) Supportive Housing for Persons With Disabilities.--Section
811(d)(3) of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(d)(3)) is amended by striking ``30'' and inserting ``25''.
(e) HOME Program.--Section 215(a) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12745(a)) is amended by striking
``30'' each place it appears and inserting ``25''.
(f) Rent Supplements.--Section 101(d) of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s(d)) is amended by striking
``30'' and inserting ``25''.
(g) Rental and Cooperative Housing for Lower Income Families.--
Section 236(f) of the National Housing Act (12 U.S.C. 1715z-1(f)) is
amended--
(1) in paragraphs (1), (2), and (5)(A)(i), by striking
``30'' each place it appears and inserting ``25''; and
(2) in paragraph (1)(ii), by striking ``25'' and inserting
``20''.
(h) Multifamily Property Disposition.--Section 203 of the Housing
and Community Development Amendments of 1978 (12 U.S.C. 1701z-11) is
amended by striking ``30'' each place it appears in subsections (b)(5)
and (g) and inserting ``25''.
(i) Transitional Provisions.--Section 206(d)(6) of the Housing and
Urban-Rural Recovery Act of 1983 (42 U.S.C. 1437a note) is amended by
striking ``30'' and inserting ``25''.
(j) Low-Income Housing Preservation and Resident Homeownership Act
of 1990.--The Low-Income Housing Preservation and Resident
Homeownership Act of 1990 is amended--
(1) in section 218(a)(1)(A) (12 U.S.C. 4108(a)(1)(A)), by
striking ``30'' and inserting ``25''; and
(2) in subparagraphs (D) and (E)(iii) of section 222(a)(2)
(12 U.S.C. 4112(a)(2)), by striking ``30'' each place it
appears and inserting ``25''.
(k) State Preservation Project Assistance.--Section 613(b)(2) of
the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C.
4125(b)(2)) is amended by striking ``30'' and inserting ``25''.
(l) Preserving Existing Housing Investment.--The item relating to
``Housing Programs--preserving existing housing investment'' in title
II of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1997 (12
U.S.C. 4101 note) is amended by striking ``30'' and inserting ``25''.
(m) Emergency Low Income Housing Preservation Act of 1987.--In
carrying out the provisions of the Emergency Low Income Housing
Preservation Act of 1987 (12 U.S.C. 1715l note) pursuant to section 604
of the Cranston-Gonzalez National Affordable Housing Act, each
reference in such provisions to 30 percent of adjusted income shall be
considered to refer to 25 percent of adjusted income.
(n) HOPE Homeownership Programs.--Sections 424(b) and 444(b) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12874(b),
12894(b)) are each amended by striking ``30'' and inserting ``25''.
(o) Native American Housing Assistance.--Section 203(a)(2) of the
Native American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4133(a)(2)) is amended by striking ``30'' and inserting
``25''.
(p) FHA-Insured Assisted Housing.--Section 221 of the National
Housing Act (12 U.S.C. 1715l) is amended by striking ``30'' and
inserting ``25'' in each of the following provisions:
(1) Subparagraph (A) of the last undesignated paragraph of
subsection (f).
(2) Subsection (l)(1).
(q) Affordable Housing Goals for Federal Housing Enterprises.--
Sections 1332(c)(2) and 1333(c)(2) of the Housing and Community
Development Act of 1992 (12 U.S.C. 4562(c)(2), 4563(c)(2)) are each
amended by striking ``30'' and inserting ``15''.
(r) Rural Housing for Lower Income Families.--The Housing Act of
1949 (42 U.S.C. 1471 et seq.) is amended by striking ``30'' and
inserting ``25'' each place it appears in each of the following
sections:
(1) Section 521(a).
(2) Section 530.
(3) Section 542(a).
(s) Federal Home Loan Bank Act.--The Federal Home Loan Bank Act is
amended by striking ``30'' and inserting ``25'' in each of the
following sections:
(1) Section 10(j)(13)(D) (12 U.S.C. 140(j)(13)(D)).
(2) Section 21A(c) (12 U.S.C. 1441a(c))--
(A) in paragraph (4)(A); and
(B) in paragraph (14)(G).
(t) Federal Deposit Insurance Act.--Section 40 of the Federal
Deposit Insurance Act (12 U.S.C. 1831q) is amended by striking ``30''
and inserting ``25'' in each of the following subsections:
(1) Subsection (e)(1).
(2) Subsection (n)(7).
(u) Community Development Block Grants.--Section
104(d)(2)(A)(iii)(I) of the Housing and Community Development Act of
1974 (42 U.S.C. 5304(d)(2)(A)(iii)(I)) is amended by striking ``30''
and inserting ``25''.
(v) New Towns Emergency Relief Demonstration.--Sections 1103(c)(4)
and 1106(d)(1)(A)(iii)(I) of the Housing and Community Development Act
of 1992 (42 U.S.C. 5318 note) are each amended by striking ``30'' and
inserting ``25''.
(w) Exclusion of Certain Income.--Notwithstanding any other
provision of law, for purposes of determining the monthly contribution
to be made by a family under the provisions amended by this section,
the adjusted income of a family shall exclude any income attributable
to any cost-of-living adjustment made after the effective date of this
section in--
(1) any welfare assistance received by such family from a
public agency; or
(2) any benefits received by such family under the Social
Security Act.
(x) Effective Date.--The provisions of, and amendments made by,
this section shall take effect on October 1, 1997.
SEC. 7. REPORT REGARDING FEDERAL HOUSING ASSISTANCE.
The Secretary of Housing and Urban Development, following
consultation with public housing agencies, shall prepare and submit to
the Congress a comprehensive report setting forth a proposal to limit
Federal housing assistance to assistance for public housing in order to
ensure that all funds for housing assistance provided by the Federal
Government benefit lower income families. | Jesse Gray Housing Act - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development to carry out a program to construct new public housing units. Authorizes appropriations.
Requires the Secretary to make financial assistance available for public housing projects, especially those likely to be disposed of or demolished.
Prohibits the Secretary from approving a project demolition application.
Reduces lower-income rent contribution and related amounts under: (1) the United States Housing Act of 1937; (2) the Cranston-Gonzalez National Affordable Housing Act; (3) the Housing Act of 1959; (4) the Housing and Urban Development Act of 1965; (5) the National Housing Act; (6) the Housing and Community Development Amendments of 1978; (7) the Housing and Urban-Rural Recovery Act of 1983; (8) the Low-Income Housing Preservation and Resident Homeownership Act of 1990; (9) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, (10) the Native American Housing Assistance and Self-Determination Act of 1996; (11) the Housing and Community Development Act of 1992; (12) the Housing Act of 1949; (13) the Federal Home Loan Bank Act; (14) the Federal Deposit Insurance Act; (15) the Housing and Community Development Act of 1974; and (16) the Housing and Community Development Act of 1992. Excludes welfare or social security cost-of-living adjustments from such adjusted income determinations.
Directs the Secretary to prepare a Federal housing assistance report. | Jesse Gray Housing Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Frills Prison Act''.
SEC. 2. ELIMINATION OF LUXURIOUS PRISON CONDITIONS.
(a) States.--Section 20102(a) of the Violent Crime Control and Law
Enforcement Act of 1994 is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by redesignating existing paragraph (2) as subparagraph
(B);
(3) by redesignating existing subparagraphs (A) through (D)
as clauses (i) through (iv) respectively;
(4) by redesignating existing clauses (i) and (ii) as
subclauses (I) and (II);
(5) by striking the period at the end and inserting ``;
and''; and
(6) by adding at the end the following:
``(2) provides living conditions and opportunities to
prisoners within its prisons that are not more luxurious than
those conditions and opportunities the average prisoner would
have experienced if such prisoner were not incarcerated, and
does not provide to any such prisoner--
``(A)(i) earned good time credits;
``(ii) less than 40 hours a week of work that
either offsets or reduces the expenses of keeping the
prisoner or provides resources toward restitution of
victims;
``(iii) unmonitored phone calls, except when
between the prisoner and the prisoner's immediate
family or legal counsel;
``(iv) in-cell television viewing;
``(v) the viewing of R, X, or NC-17 rated movies,
through whatever medium presented;
``(vi) possession of any pornographic materials;
``(vii) any instruction (live or through
broadcasts) or training equipment for boxing,
wrestling, judo, karate, or other martial art, or any
bodybuilding or weightlifting equipment of any sort;
``(viii) except for use during required work, the
use or possession of any electric or electronic musical
instrument, or practice on any musical instrument for
more than one hour a day;
``(ix) use of personally owned computers or modems;
``(x) possession of in-cell coffee pots, hot
plates, or heating elements;
``(xi) any living or work quarters into which the
outside view is obstructed;
``(xii) food exceeding in quality or quantity that
which is available to enlisted personnel in the United
States Army;
``(xiii) dress or hygiene, grooming and appearance
other than those allowed as uniform or standard in the
prison; or
``(xiv) equipment or facilities at public expense
for publishing or broadcasting content not previously
approved by prison officials as consistent with prison
order and prisoner discipline; and
``(B) in the case of a prisoner who is serving a
sentence for a crime of violence which resulted in
serious bodily injury to another--
``(i) housing other than in separate cell
blocks intended for violent prisoners and
designed to emphasis punishment rather than
rehabilitation;
``(ii) less than 9 hours a day of physical
labor, with confinement to cell for any
refusing to engage in that labor, but a
prisoner not physically able to do physical
labor may be assigned to alternate labor;
``(iii) any temporary furlough, leave,
excursion, or other release from the prison for
any purpose, unless the prisoner remains at all
times under physical or mechanical restraints,
such as handcuffs, and under the constant
escort and immediate supervision of at least
one armed correctional officer;
``(iv) any viewing of television;
``(v) any inter-prison travel for
competitive sports, whether as a participant or
spectator;
``(vi) more than one hour a day spent in
sports or exercise; or
``(vii) possession of personal property
exceeding 75 pounds in total weight or that
cannot be stowed in a standard size United
States military issue duffel bag.''.
(b) Federal.--
(1) Generally.--The Attorney General shall by rule
establish conditions in the Federal prison system that, as
nearly as may be, are the same as those conditions required in
State prisons under section 20102(a) of the Violent Crime
Control and Law Enforcement Act of 1994 as amended by this
section.
(2) Conforming amendment.--Section 3624 of title 18, United
States Code, is amended by striking subsection (b). | No Frills Prison Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for truth in sentencing incentive grants, to demonstrate that it: (1) provides living conditions and opportunities within its prisons that are not more luxurious than those that the average prisoner would have experienced if not incarcerated; (2) does not provide to any such prisoner specified benefits or privileges, including earned good time credits, less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims, unmonitored phone calls (with exceptions), in-cell television viewing, possession of pornographic materials, instruction or training equipment for any martial art or bodybuilding or weightlifting equipment, or dress or hygiene other than as is uniform or standard in the prison; and (3) in the case of a prisoner serving a sentence for a crime of violence which resulted in serious bodily injury to another, does not provide housing other than in separate cell blocks intended for violent prisoners, less than nine hours a day of physical labor (with exceptions), any release from the prison for any purpose unless under physical or mechanical restraint, any viewing of television, any inter-prison travel for competitive sports, more than one hour a day spent in sports or exercise, or possession of personal property exceeding 75 pounds in total weight or that cannot be stowed in a standard size U.S. military issue duffel bag.
Directs the Attorney General to establish similar conditions in the Federal prison system. | No Frills Prison Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Pell Promise Act''.
SEC. 2. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM.
Subpart 1 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070a et seq.) is amended by adding at the end the
following:
``SEC. 401B. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM.
``(a) Program Authority.--The Secretary is authorized to carry out
an Early Federal Pell Grant Commitment Program (referred to in this
section as the `Program') under which the Secretary shall--
``(1) award grants to State educational agencies to pay the
administrative expenses incurred in participating in the
Program; and
``(2) make a commitment to award Federal Pell Grants to
eligible students in accordance with this section.
``(b) Program Requirements.--The Program shall meet the following
requirements:
``(1) Eligible students.--
``(A) In general.--A student shall be eligible to
receive a commitment from the Secretary to receive a
Federal Pell Grant early in the student's academic
career if the student--
``(i) is in 8th grade; and
``(ii) is eligible for a free or reduced
price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et
seq.).
``(2) Federal pell grant commitment.--
``(A) In general.--Except as provided in
subparagraph (B), each eligible student who
participates in the Program shall receive a commitment
from the Secretary to receive a Federal Pell Grant
during the first 2 academic years that the student is
in attendance at an institution of higher education as
an undergraduate student, if the student--
``(i) applies for Federal financial aid
(via the FAFSA) during the student's senior
year of secondary school and during the
succeeding academic year; and
``(ii) enrolls at such institution of
higher education--
``(I) not later than 3 years after
such student receives a secondary
school diploma or its recognized
equivalent; or
``(II) if such student becomes a
member of the Armed Forces (including
the National Guard or Reserves), not
later than 3 years after such student
is discharged, separated, or released
from the Armed Forces (including the
National Guard or Reserves).
``(B) Exception to commitment.--If an eligible
student receives a commitment from the Secretary to
receive a Federal Pell Grant during the first 2
academic years that the student is in attendance at an
institution of higher education as an undergraduate
student and the student applies for Federal financial
aid (via the FAFSA) during the student's senior year of
secondary school or during the succeeding academic
year, and the expected family contribution of the
student for either of such years is more than 2 times
the threshold amount for Federal Pell Grant eligibility
for such year, then such student shall not receive a
Federal Pell Grant under this section for the
succeeding academic year. Such student shall continue
to be eligible for any other Federal student financial
aid for which the student is otherwise eligible.
``(3) Applicability of federal pell grant requirements.--
The requirements of section 401 shall apply to Federal Pell
Grants awarded pursuant to this section, except that with
respect to each eligible student who participates in the
Program and is not subject the exception under paragraph
(2)(B), the amount of each such eligible student's Federal Pell
Grant only shall be calculated by deeming such student to have
an expected family contribution equal to zero.
``(c) State Educational Agency Applications.--
``(1) In general.--Each State educational agency desiring
to participate in the Program shall submit an application to
the Secretary at such time and in such manner as the Secretary
may require.
``(2) Contents.--Each application shall include--
``(A) a description of the proposed targeted
information campaign for the Program and a copy of the
plan described in subsection (e)(2);
``(B) an assurance that the State educational
agency will fully cooperate with the ongoing evaluation
of the Program; and
``(C) such other information as the Secretary may
require.
``(d) Evaluation.--
``(1) In general.--From amounts appropriated under
subsection (f) for a fiscal year, the Secretary shall reserve
not more than $1,000,000 to award a grant or contract to an
organization outside the Department for an independent
evaluation of the impact of the Program.
``(2) Competitive basis.--The grant or contract shall be
awarded on a competitive basis.
``(3) Matters evaluated.--The evaluation described in this
subsection shall consider metrics established by the Secretary
that emphasize college access and success, encouraging low-
income students to pursue higher education, and the cost
effectiveness of the program.
``(4) Dissemination.--The findings of the evaluation shall
be widely disseminated to the public by the organization
conducting the evaluation as well as by the Secretary.
``(e) Targeted Information Campaign.--
``(1) In general.--Each State educational agency receiving
a grant under this section shall, in cooperation with the
participating local educational agencies within the State and
the Secretary, develop a targeted information campaign for the
Program.
``(2) Plan.--Each State educational agency receiving a
grant under this section shall include in the application
submitted under subsection (c) a written plan for their
proposed targeted information campaign. The plan shall include
the following:
``(A) Outreach.--Outreach to students and their
families, at a minimum, at the beginning and end of
each academic year.
``(B) Distribution.--How the State educational
agency plans to provide the outreach described in
subparagraph (A) and to provide the information
described in subparagraph (C).
``(C) Information.--The annual provision by the
State educational agency to all students and families
participating in the Program of information regarding--
``(i) the estimated statewide average
higher education institution cost data for each
academic year, which cost data shall be
disaggregated by--
``(I) type of institution,
including--
``(aa) 2-year public
colleges;
``(bb) 4-year public
colleges;
``(cc) 4-year private
colleges; and
``(dd) private, for-profit
colleges; and
``(II) component, including--
``(aa) tuition and fees;
and
``(bb) room and board;
``(ii) Federal Pell Grants, including--
``(I) the maximum Federal Pell
Grant for each academic year;
``(II) when and how to apply for a
Federal Pell Grant; and
``(III) what the application
process for a Federal Pell Grant
requires;
``(iii) State-specific college savings
programs;
``(iv) State-based financial aid, including
State-based merit aid; and
``(v) Federal financial aid available to
students, including eligibility criteria for
the Federal financial aid and an explanation of
the Federal financial aid programs.
``(3) Annual information.--The information described in
paragraph (2)(C) shall be provided to eligible students
annually for the duration of the students' participation in the
Program.
``(4) Reservation.--Each State educational agency receiving
a grant under this section shall reserve $200,000 of the grant
funds received each fiscal year to carry out the targeted
information campaign described in this subsection.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary.''. | Early Pell Promise Act This bill amends the Higher Education Act of 1965 to authorize the Department of Education to carry out a program of grants to state educational agencies under which a student who is in eighth grade and is eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act may be provided a commitment to receive a Federal Pell Grant early in the student's academic career. Pursuant to such a commitment, the student shall receive a Pell Grant during the first two years of attendance at an institution of higher education (IHE) as an undergraduate if the student: files the FAFSA form during the senior year of secondary school and the succeeding year, and enrolls at the IHE not later than three years after receiving a secondary school diploma or after release from the Armed Forces. A student may not receive the early Pell Grant for a succeeding year if the expected family contribution for either year is more than twice the threshold amount for Pell Grant eligibility for that year. | Early Pell Promise Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Legislature and Political
Freedom Act''.
SEC. 2. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN
CONTRIBUTIONS.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)) is amended by adding at the end the following new
paragraph:
``(9) The limitations established under this subsection shall not
apply to contributions made during calendar years beginning after
2000.''.
SEC. 3. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION
CAMPAIGNS.
(a) Termination of Designation of Income Tax Payments.--Section
6096 of the Internal Revenue Code of 1986 is amended by adding at the
end the following new subsection:
``(d) Termination.--This section shall not apply to taxable years
beginning after December 31, 1999.''
(b) Termination of Fund and Account.--
(1) Termination of presidential election campaign fund.--
(A) In general.--Chapter 95 of subtitle H of such
Code is amended by adding at the end the following new
section:
``SEC. 9014. TERMINATION.
The provisions of this chapter shall not apply with respect to any
presidential election (or any presidential nominating convention) after
December 31, 2000, or to any candidate in such an election.''
(B) Transfer of excess funds to general fund.--
Section 9006 of such Code is amended by adding at the
end the following new subsection:
``(d) Transfer of Funds Remaining After 1998.--The Secretary shall
transfer all amounts in the fund after December 31, 2000, to the
general fund of the Treasury.''
(2) Termination of account.--Chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
section:
``SEC. 9043. TERMINATION.
The provisions of this chapter shall not apply to any candidate
with respect to any presidential election after December 31, 2000.''
(c) Clerical Amendments.--
(1) The table of sections for chapter 95 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9014. Termination.''
(2) The table of sections for chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9043. Termination.''
SEC. 4. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF
POLITICAL PARTIES.
(a) Transfers of Funds by National Political Parties.--Section
304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (H);
(2) by adding ``and'' at the end of subparagraph (I); and
(3) by adding at the end the following new subparagraph:
``(J) in the case of a political committee of a
national political party, all funds transferred to any
political committee of a State or local political
party, without regard to whether or not the funds are
otherwise treated as contributions or expenditures
under this title;''.
(b) Disclosure by State and Local Political Parties of Information
Reported Under State Law.--Section 304 of such Act (2 U.S.C. 434) is
amended by adding at the end the following new subsection:
``(d) If a political committee of a State or local political party
is required under a State or local law, rule, or regulation to submit a
report on its disbursements to an entity of the State or local
government, the committee shall file a copy of the report with the
Commission at the time it submits the report to such an entity.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring after January 2001.
SEC. 5. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.
(a) Mandatory Electronic Filing.--Section 304(a)(11)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) is
amended by striking ``permit reports required by'' and inserting
``require reports under''.
(b) Requiring Reports for All Contributions Made to Any Political
Committee Within 90 Days of Election; Requiring Reports To Be Made
Within 24 Hours.--Section 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is
amended to read as follows:
``(6)(A) Each political committee shall notify the Secretary or the
Commission, and the Secretary of State, as appropriate, in writing, of
any contribution received by the committee during the period which
begins on the 90th day before an election and ends at the time the
polls close for such election. This notification shall be made within
24 hours (or, if earlier, by midnight of the day on which the
contribution is deposited) after the receipt of such contribution and
shall include the name of the candidate involved (as appropriate) and
the office sought by the candidate, the identification of the
contributor, and the date of receipt and amount of the contribution.
``(B) The notification required under this paragraph shall be in
addition to all other reporting requirements under this Act.''.
(c) Increasing Electronic Disclosure.--Section 304 of such Act (2
U.S.C. 434(a)), as amended by section 4(b), is further amended by
adding at the end the following new subsection:
``(e)(1) The Commission shall make the information contained in the
reports submitted under this section available on the Internet and
publicly available at the offices of the Commission as soon as
practicable (but in no case later than 24 hours) after the information
is received by the Commission.
``(2) In this subsection, the term `Internet' means the
international computer network of both Federal and non-Federal
interoperable packet-switched data networks.''.
(d) Effective Date.--The amendment made by this section shall apply
with respect to reports for periods beginning on or after January 1,
2001.
SEC. 6. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON
IDENTIFICATION OF CONTRIBUTORS.
(a) In General.--Section 302(i) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 432(i)) is amended--
(1) by striking ``(i) When the treasurer'' and inserting
``(i)(1) Except as provided in paragraph (2), when the
treasurer''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply with respect to information
regarding the identification of any person who makes a contribution or
contributions aggregating more than $200 during a calendar year (as
required to be provided under subsection (c)(3)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to persons making contributions for elections
occurring after January 2001. | Amends the Internal Revenue Code to terminate after December 31, 1999, the designation of income tax payments to the Presidential Election Campaign Fund. Terminates the Fund itself and the Presidential Primary Matching Payment Account after December 31, 2000, and transfers any amounts remaining in the Fund to the general fund of the Treasury.
Amends FECA, in the case of a political committee of a national political party, to require reports of all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under such Act (soft money). Requires any political committee of a State or local political party to file with the Federal Election Commission (FEC) a copy of any report on disbursements it is required under a State or local law, rule, or regulation to submit to the State or local government.
Directs the FEC to make electronic filing of reports mandatory.
Revises current deadlines for notification of contributions by a campaign committee. Applies such deadlines to each campaign committee of a candidate, not (as currently) just the principal campaign committee. Requires each political committee to notify, in writing, the appropriate office of any contribution (currently, of $1,000 or more) received by the committee during the period which begins on the 90th day before an election (currently, after the 20th day after, but more than 48 hours before, an election) and ends at the time the polls close for such election. Requires such notification to be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) (currently, within 48 hours) after receipt of the contribution.
Requires the FEC to make report information available on the Internet and at FEC offices as soon as practicable after its receipt.
Declares that the "best efforts" exception to noncompliance with FECA shall not apply with respect to information regarding the identification of any contributor of more than $200 in the aggregate during a calendar year (thus requiring strict observance of reporting deadlines for all such contributions). | Citizen Legislature and Political Freedom Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Crisis Line Study Act of
2017''.
SEC. 2. STUDY ON EFFICACY OF VETERANS CRISIS LINE.
(a) Study.--The Secretary of Veterans Affairs shall conduct a study
on the outcomes and the efficacy of the Veterans Crisis Line during the
five-year period beginning January 1, 2014, based on an analysis of
national suicide data and data collected from the Veterans Crisis Line.
(b) Matters Included.--The study under subsection (a) shall address
the following:
(1) The efficacy of the Veterans Crisis Line in leading
veterans to sustained mental health regimens, by determining--
(A) the number of veterans who, after contacting
the Veterans Crisis Line and being referred to a
suicide prevention specialist, begin and continue
mental health care furnished by the Secretary of
Veterans Affairs; and
(B) the number of veterans who, after contacting
the Veterans Crisis Line and being referred to a
suicide prevention specialist, either--
(i) begin mental health care furnished by
the Secretary but do not continue such care; or
(ii) do not begin such care.
(2) The visibility of the Veterans Crisis Line, by
determining--
(A) the number of veterans who contact the Veterans
Crisis Line and have not previously received hospital
care or medical services furnished by the Secretary;
and
(B) the number of veterans who contact the Veterans
Crisis Line and have previously received hospital care
or medical services furnished by the Secretary.
(3) The role of the Veterans Crisis Line as part of the
mental health care services of the Department, by determining,
of the veterans who are enrolled in the health care system
established under section 1705(a) of title 38, United States
Code, who contact the Veterans Crisis Line, the number who are
under the care of a mental health care provider of the
Department at the time of such contact.
(4) Whether receiving sustained mental health care affects
suicidality and whether veterans previously receiving mental
health care furnished by the Secretary use the Veterans Crisis
Line in times of crisis, with respect to the veterans described
in paragraph (3), by determining the time frame between
receiving such care and the time of such contact.
(5) The effectiveness of the Veterans Crisis Line in
assisting veterans at risk for suicide when the Veterans Crisis
Line is contacted by a non-veteran, by determining, of the
number of non-veterans who contact the Veterans Crisis Line
looking for support in assisting a veteran, how many of such
individuals receive support in having a veteran begin to
receive mental health care furnished by the Secretary.
(6) The overall efficacy of the Veterans Crisis Line in
preventing suicides and whether the number of contacts affects
the efficacy, by determining--
(A) the number of veterans who contact the Veterans
Crisis Line who ultimately commit or attempt suicide;
and
(B) of such veterans, how many times did a veteran
contact the Veterans Crisis Line prior to committing or
attempting suicide.
(7) The long-term efficacy of the Veterans Crisis Line in
preventing repeated suicide attempts and whether the efficacy
is temporary, by determining, of the number of veterans who
contacted the Veterans Crisis Line and did not commit or
attempt suicide during the following six-month period, the
number who contacted the Veterans Crisis Line in crisis at a
later time and thereafter did commit or attempt suicide.
(8) Whether referral to mental health care affects the risk
of suicide, by determining--
(A) the number of veterans who contact the Veterans
Crisis Line who are not referred to, or do not continue
receiving, mental health care who commit suicide; and
(B) the number of veterans described in paragraph
(1)(A) who commit or attempt suicide.
(9) The efficacy of the Veterans Crisis Line to promote
continued mental health care in those veterans who are at high
risk for suicide whose suicide was prevented, by determining,
of the number of veterans who contacted the Veterans Crisis
Line and did not commit or attempt suicide soon thereafter, the
number that begin and continue to receive mental health care
furnished by the Secretary.
(c) Data Collection Practices.--During the portion of the five-year
period of study under subsection (a) after the date of the enactment of
this Act, data shall be collected in the same manner that it had been
collected during the portion of the period of the study before such
date of enactment. Data collection shall not be construed as being
extended, contracted, or modified in any way due to the enactment of
this Act.
(d) Submission.--Not later than March 1, 2020, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives the
study conducted under subsection (a).
(e) Veterans Crisis Line Defined.--In this section, the term
``Veterans Crisis Line'' means the toll-free hotline for veterans
established under section 1720F(h) of title 38, United States Code. | Veterans Crisis Line Study Act of 2017 This bill directs the Department of Veterans Affairs (VA) to conduct a study on the outcomes and the efficacy of the Veterans Crisis Line during the five-year period beginning January 1, 2014, based on an analysis of national suicide data and data collected from the line. Such study shall address: (1) the efficacy of the line in leading veterans to sustained mental health regimens and suicide prevention; (2) the line's visibility; (3) the role of the line as part of the VA's mental health care services; and (4) whether receiving sustained mental health care affects suicidality, including among veterans who are at high risk for suicide. | Veterans Crisis Line Study Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cardiac Arrest Survival Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Each year more than 350,000 adults suffer cardiac
arrest, usually away from a hospital. More than 95 percent of
them will die, in many cases, because lifesaving defibrillators
arrive on the scene too late, if at all.
(2) These cardiac arrest deaths occur primarily from occult
underlying heart disease and from drownings, allergic or
sensitivity reactions, or electrical shocks.
(3) Survival from cardiac arrest requires successful early
implementation of a chain of events, the chain of survival
which begins when the person sustains a cardiac arrest and
continues until the person arrives at the hospital.
(4) A successful chain of survival requires the first
person on the scene to take rapid and simple initial steps to
care for the patient and to assure the patient promptly enters
the emergency medical services system.
(5) The first persons on the scene when an arrest occurs
are typically lay persons who are friends or family of the
victim, fire services, public safety personnel, basic life
support emergency medical services providers, teachers,
coaches, and supervisors of sports or other extracurricular
activities, providers of day care, school bus drivers,
lifeguards, attendants at public gatherings, coworkers, and
other leaders within the community.
(6) A coordinated Federal response is necessary to ensure
that appropriate and timely lifesaving interventions are
provided to persons sustaining nontraumatic cardiac arrest. The
Federal response should include, but not be limited to--
(A) significantly expanded research concerning the
efficacy of various methods of providing immediate out-
of-hospital lifesaving interventions to the
nontraumatic cardiac arrest patient;
(B) the development of research-based, nationally
uniform, easily learned and well retained model core
educational content concerning the use of such
lifesaving interventions by health care professionals,
allied health personnel, emergency medical services
personnel, public safety personnel, and other persons
who are likely to arrive immediately at the scene of a
sudden cardiac arrest;
(C) an identification of the legal, political,
financial, and other barriers to implementing these
lifesaving interventions; and
(D) the development of model State legislation to
reduce identified barriers and to enhance each State's
response to this significant problem.
SEC. 3. NATIONAL INSTITUTES OF HEALTH MODEL PROGRAM ON THE FIRST LINKS
IN THE CHAIN OF SURVIVAL.
Section 421 of the Public Health Service Act (42 U.S.C. 285b-3) is
amended by adding at the end the following subsection:
``(c) Programs under subsection (a)(1)(E) (relating to emergency
medical services and preventive, diagnostic, therapeutic, and
rehabilitative approaches) shall include programs for the following:
``(1) The development and dissemination, in coordination
with the emergency services guidelines promulgated under
section 402(a) of title 23, United States Code, by the
Associate Administrator for Traffic Safety Programs, Department
of Transportation, of a core content for a model State
training program applicable to cardiac arrest for inclusion in
appropriate current emergency medical services educational curricula
and training programs that address lifesaving interventions, including
cardiopulmonary resuscitation and defibrillation. In developing the
core content for such program, the Director of the Institute may rely
upon the content of similar curricula and training programs developed
by national nonprofit entities. The core content of such program--
``(A) may be used by health care professionals,
allied health personnel, emergency medical services
personnel, public safety personnel, and any other
persons who are likely to arrive immediately at the
scene of a sudden cardiac arrest (in this subsection
referred to as `cardiac arrest care providers') to
provide lifesaving interventions, including
cardiopulmonary resuscitation and defibrillation;
``(B) shall include age-specific criteria for the
use of particular techniques, which shall include
infants and children; and
``(C) shall be reevaluated as additional
interventions are shown to be effective.
``(2) The operation of a limited demonstration project to
provide training in such core content for cardiac arrest care
providers to validate the effectiveness of the training
program.
``(3) The definition and identification of cardiac arrest
care providers, by personal relationship, exposure to arrest or
trauma, occupation (including health professionals), or
otherwise, who could provide benefit to victims of out-of-
hospital arrest by comprehension of such core content.
``(4) The establishment of criteria for completion and
comprehension of such core content, including consideration of
inclusion in health and safety educational curricula.
``(5) The identification of equipment and supplies that
should be accessible to cardiac arrest care providers to permit
lifesaving interventions by preplacement of such equipment in
appropriate locations insofar as such activities are consistent
with the development of the core content and utilize
information derived from such studies by the National
Institutes of Health on investigation in cardiac resuscitation.
``(6) The development in accordance with this paragraph of
model State legislation (or Federal legislation applicable to
Federal territories, facilities, and employees). In developing
the model legislation, the Director of the Institute shall
cooperate with the Attorney General, and may consult with
nonprofit private organizations that are involved in the
drafting of model State legislation. The model legislation
should take into consideration the following:
``(A) The purpose of the model legislation shall be
to ensure--
``(i) access to emergency medical services
through consideration of a requirement for
public placement of lifesaving equipment; and
``(ii) good samaritan immunity for cardiac
arrest care providers; those involved with the
instruction of the training programs; and
owners and managers of property where equipment
is placed.
``(B) In the development of the model legislation,
there shall be consideration of requirements for
training in the core content and use of lifesaving
equipment for State licensure or credentialing of
health professionals or other occupations or employment
of other individuals who may be defined as cardiac
arrest care providers under paragraph (3).
``(7) The coordination of a national database for reporting
and collecting information relating to the incidence of cardiac
arrest, the circumstances surrounding such arrests, the rate of
survival, the effect of age, and whether interventions,
including cardiac arrest care provider interventions, or other
aspects of the chain of survival, improve the rate of survival.
The development of such database shall be coordinated with
other existing databases on emergency care that have been
developed under the authority of the National Highway Traffic
Safety Administration and the Centers for Disease Control and
Prevention.''. | Cardiac Arrest Survival Act - Amends the Public Health Service Act with respect to emergency medical services (EMS). Requires programs for emergency medical services and preventive, diagnostic, therapeutic, and rehabilitative approaches to include: (1) development and dissemination of a core content for a model State training program applicable to cardiac arrest for inclusion in EMS educational curricula and training programs that address lifesaving interventions, including cardiopulmonary resuscitation and defibrillation; (2) a limited demonstration project to provide training in such core content; (3) identification of cardiac arrest care providers; (4) identification of equipment and supplies that should be accessible to such providers to permit lifesaving interventions; (5) development of model State and Federal legislation; and (6) coordination of a national database for reporting and collecting information on the incidence of cardiac arrest and related issues.
Prescribes guidelines for the core content of the model State training program.
Declares that the purpose of the model legislation is to ensure: (1) access to EMS through consideration of a requirement for public placement of lifesaving equipment; and (2) good samaritan immunity for cardiac arrest care providers, those involved with the instruction of the training programs, and owners and managers of property where equipment is placed. | Cardiac Arrest Survival Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bringing Urgent Investment to Local
Development Act'' or the ``BUILD Act''.
SEC. 2. BUILD AMERICA BONDS MADE PERMANENT; RECOVERY ZONE ECONOMIC
DEVELOPMENT BONDS FOR CERTAIN CITIES.
(a) In General.--Subparagraph (B) of section 54AA(d)(1) of the
Internal Revenue Code of 1986 is amended by inserting ``or during a
period beginning on or after the date of the enactment of the Bringing
Urgent Investment to Local Development Act,'' after ``January 1,
2011,''.
(b) Reduction in Credit Percentage to Bondholders.--Subsection (b)
of section 54AA of such Code is amended to read as follows:
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any interest payment date
for a build America bond is the applicable percentage of the
amount of interest payable by the issuer with respect to such
date.
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage shall be determined under the
following table:
``In the case of a bond issued The applicable
during calendar year: percentage is:
2014................................................... 35
2015................................................... 32
2016................................................... 31
2017................................................... 30
2018................................................... 29
2019 and thereafter.................................... 28.''.
(c) Extension of Payments to Issuers.--
(1) In general.--Section 6431 of such Code is amended--
(A) by inserting ``or during a period beginning on
or after the date of the enactment of the Bringing
Urgent Investment to Local Development Act,'' after
``January 1, 2011,'' in subsection (a), and
(B) by striking ``before January 1, 2011'' in
subsection (f)(1)(B) and inserting ``during a
particular period''.
(2) Conforming amendments.--Subsection (g) of section 54AA
of such Code is amended--
(A) by inserting ``or during a period beginning on
or after the date of the enactment of the Bringing
Urgent Investment to Local Development Act,'' after
``January 1, 2011,'', and
(B) by striking ``Qualified Bonds Issued Before
2011'' in the heading and inserting ``Certain Qualified
Bonds''.
(d) Reduction in Percentage of Payments to Issuers.--Subsection (b)
of section 6431 of such Code is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'',
(2) by striking ``35 percent'' and inserting ``the
applicable percentage'', and
(3) by adding at the end the following new paragraph:
``(2) Applicable percentage.--For purposes of this
subsection, the term `applicable percentage' means the
percentage determined in accordance with the following table:
``In the case of a qualified bond The applicable
issued during calendar year: percentage is:
2014................................................... 35
2015................................................... 32
2016................................................... 31
2017................................................... 30
2018................................................... 29
2019 and thereafter.................................... 28.''.
(e) Recovery Zone Economic Development Bonds for Certain Cities.--
(1) In general.--Section 54AA of such Code is amended by
redesignating subsection (h) as subsection (i) and by inserting
after subsection (g) the following:
``(h) Special Rule for Recovery Zone Economic Development Bonds for
Certain Cities.--In the case of an economic development extension
bond--
``(1) Issuer allowed refundable credit.--In lieu of any
credit allowed under this section with respect to such bond,
the issuer of such bond shall be allowed a credit as provided
in section 6431.
``(2) Applicable percentage.--The applicable percentage
under subsection (b) shall be 35 percent.
``(3) Economic development extension bond.--For purposes of
this subsection--
``(A) In general.--The term `economic development
extension bond' means any build America bond issued as
part of an issue if--
``(i) 100 percent of the excess of--
``(I) the available project
proceeds (as defined in section 54A) of
such issue, over
``(II) the amounts in a reasonably
required reserve (within the meaning of
section 150(a)(3)) with respect to such
issue,
are to be used for one or more qualified
purposes, and
``(ii) the issuer makes an irrevocable
election to have this subsection apply and
designates such bond for purposes of this
section.
``(B) Qualified purposes.--The term `qualified
purposes' means--
``(i) any qualified economic development
purpose (as defined in section 1400U-2(c),
applied by treating specified cities (and only
specified cities) as recovery zones), and
``(ii) any refinancing of indebtedness of a
specified city which is outstanding on the date
of the enactment of this subsection.
``(C) Specified city.--The term `specified city'
means any principal city for a metropolitan statistical
area (as determined by the Office of Management and
Budget) which--
``(i) has an average unemployment rate of
not less than 150 percent of the national
average rate for the last calendar year ending
before the date of the enactment of this
section,
``(ii) has a poverty rate of not less that
150 percent of the national poverty rate for
the last calendar year ending before the date
of the enactment of this section, or
``(iii) has lost at least 20 percent of its
population between calendar year 2000 and
calendar year 2010.
``(D) Limitation on amount of bonds designated.--
``(i) In general.--The maximum aggregate
face amount of bonds which may be designated
under subparagraph (A) with respect to any
specified city shall not exceed the bond
limitation allocated to such city under clause
(ii).
``(ii) Allocation.--The Secretary shall
allocate bond limitation to each specified city
such that the bond limitation allocated to such
city bears the same proportion to
$1,000,000,000 as the population of such city
(as determined for purposes of the 2010 census)
bears to the total population of all specified
cities (as so determined).''.
(2) Payments to issuers.--Section 6431 of such Code is
amended by adding at the end the following:
``(g) Application of Section to Certain Economic Development
Extension Bonds.--
``(1) In general.--An economic development extension bond
shall be treated as a qualified bond for purposes of this
section.
``(2) Applicable percentage.--The applicable percentage
under subsection (b) shall be 35 percent.''.
(f) Current Refundings Permitted.--Subsection (g) of section 54AA
of such Code is amended by adding at the end the following new
paragraph:
``(3) Treatment of current refunding bonds.--
``(A) In general.--For purposes of this subsection,
the term `qualified bond' includes any bond (or series
of bonds) issued to refund a qualified bond if--
``(i) the average maturity date of the
issue of which the refunding bond is a part is
not later than the average maturity date of the
bonds to be refunded by such issue,
``(ii) the amount of the refunding bond
does not exceed the outstanding amount of the
refunded bond, and
``(iii) the refunded bond is redeemed not
later than 90 days after the date of the
issuance of the refunding bond.
``(B) Applicable percentage.--In the case of a
refunding bond referred to in subparagraph (A), the
applicable percentage with respect to such bond under
section 6431(b) shall be the lowest percentage
specified in paragraph (2) of such section.
``(C) Determination of average maturity.--For
purposes of subparagraph (A)(i), average maturity shall
be determined in accordance with section 147(b)(2)(A).
``(D) Issuance restriction not applicable.--
Subsection (d)(1)(B) shall not apply to a refunding
bond referred to in subparagraph (A).''.
(g) Gross-Up of Payment to Issuers in Case of Sequestration.--In
the case of any payment under section 6431(b) of the Internal Revenue
Code of 1986 made after the date of the enactment of this Act to which
sequestration applies, the amount of such payment shall be increased to
an amount equal to--
(1) such payment (determined before such sequestration),
multiplied by
(2) the quotient obtained by dividing 1 by the amount by
which 1 exceeds the percentage reduction in such payment
pursuant to such sequestration.
For purposes of this subsection, the term ``sequestration'' means any
reduction in direct spending ordered in accordance with a sequestration
report prepared by the Director of the Office and Management and Budget
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or the Statutory Pay-As-You-Go Act of 2010.
(h) Effective Date.--The amendments made by this section shall
apply to obligations issued on or after the date of the enactment of
this Act. | Bringing Urgent Investment to Local Development Act or the BUILD Act - Amends the Internal Revenue Code, with respect to the tax credit for investment in Build America bonds, to: (1) make permanent the authority for issuance of such bonds, (2) phase in an annual reduction in the credit rate for bondholders and issuers between 2014 and 2019, and (3) allow an issuer a refundable credit amount for investment in economic development bonds in cities with specified unemployment and poverty rates and population loss. | BUILD Act |
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.--Except as otherwise expressly provided, wherever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).
(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. Regulations.
Sec. 8. Effective date.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Family and Medical Leave Act of 1993 (referred to
in this section as the ``Act'') is not working as Congress
intended when Congress passed the Act in 1993. Many employers,
including those employers that are 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 nonserious 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 recordkeeping, and other compliance problems.
(4) The Act often conflicts with employers' paid sick leave
policies, prevents 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 (29 U.S.C. 2631 et seq.), which reported few
difficulties with compliance with the Act, failed to identify
many of the problems with compliance because the study on which
the report was based was conducted too soon after the date of
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.
Section 101(11) (29 U.S.C. 2611(11)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by aligning the margins of those clauses with the
margins of clause (i) of paragraph (4)(A);
(3) by inserting before ``The'' the following:
``(A) In general.--''; and
(4) by adding at the end the following:
``(B) Exclusions.--The term does not include a
short-term illness, injury, impairment, or condition
for which treatment and recovery are very brief.
``(C) Examples.--The term includes an illness,
injury, impairment, or physical or mental condition
such as a heart attack, a heart condition requiring
extensive therapy or a surgical procedure, a stroke, a
severe respiratory condition, a spinal injury,
appendicitis, pneumonia, emphysema, severe arthritis, a
severe nervous disorder, an injury caused by a serious
accident on or off the job, an ongoing pregnancy, a
miscarriage, a complication or illness related to
pregnancy, such as severe morning sickness, a need for
prenatal care, childbirth, and recovery from
childbirth, that involves care or treatment described
in subparagraph (A).''.
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 under section 103 by the health care provider after
each leave occurrence. An employer may require an employee to take
intermittent leave in increments of up to \1/2\ of a workday. An
employer may require an employee who travels as part of the normal day-
to-day work or duty assignment of the employee and who requests
intermittent leave or leave on a reduced schedule to take leave for the
duration of that work or assignment if the employer cannot reasonably
accommodate the employee's request.''.
SEC. 5. REQUEST FOR LEAVE.
Section 102(e) (29 U.S.C. 2612(e)) is amended by inserting after
paragraph (2) the following:
``(3) Request for leave.--If an employer does not exercise,
under subsection (d)(2), the right to require an employee to
substitute other employer-provided leave for leave under this
title, the employer may require the employee who wants leave
under this title to request the leave in a timely manner. If an
employer requires a timely request under this paragraph, an
employee who fails to make a timely request may be denied leave
under this title.
``(4) Timeliness of request for leave.--For purposes of
paragraph (3), a request for leave shall be considered to be
timely if--
``(A) in the case of foreseeable leave, the
employee--
``(i) provides the applicable advance
notice required by paragraphs (1) and (2); and
``(ii) submits any written application
required by the employer for the leave not
later than 5 working days after providing the
notice to the employer; and
``(B) in the case of unforeseeable leave, the
employee--
``(i) notifies the employer orally of the
need for the leave--
``(I) not later than the date the
leave commences; or
``(II) during such additional
period as may be necessary, if the
employee is physically or mentally
incapable of providing the
notification; and
``(ii) submits any written application
required by the employer for the leave--
``(I) not later than 5 working days
after providing the notice to the
employer; or
``(II) during such additional
period as may be necessary, if the
employee is physically or mentally
incapable of 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 a paid absence under the employer's
collective bargaining agreement, a welfare benefit plan
under the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1001 et seq.), or under any other sick
leave, sick pay, or disability plan, program, or policy
of the employer, the employer may require the employee
to choose between the paid absence and unpaid leave
provided under this title.''.
SEC. 7. REGULATIONS.
(a) Existing Regulations.--
(1) Review.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Labor shall review all
regulations issued before that date to implement the Family and
Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), including
the regulations published in sections 825.114 and 825.115 of
title 29, Code of Federal Regulations.
(2) Termination.--The regulations, and opinion letters
promulgated under the regulations, shall cease to be effective
on the effective date of final regulations issued under
subsection (b)(2)(B), except as described in subsection (c).
(b) Revised Regulations.--
(1) In general.--The Secretary of Labor shall issue revised
regulations implementing the Family and Medical Leave Act of
1993 that reflect the amendments made by this Act.
(2) New regulations.--The Secretary of Labor shall issue--
(A) proposed regulations described in paragraph (1)
not later than 90 days after the date of enactment of
this Act; and
(B) final regulations described in paragraph (1)
not later than 180 days after that date of enactment.
(3) Effective date.--The final regulations take effect 90
days after the date on which the regulations are issued.
(c) Transition.--The regulations described in subsection (a) shall
apply to actions taken by an employer prior to the effective date of
final regulations issued under subsection (b)(2)(B), with respect to
leave under the Family and Medical Leave Act of 1993.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect 180 days after
the date of enactment of this Act. | Family and Medical Leave Clarification Act - Amends the Family and Medical Leave Act of 1993 (FMLA) to revise the definition of serious health condition to: (1) exclude from FMLA coverage a short-term illness, injury, impairment, or condition for which treatment and recovery are very brief; and (2) include a list of examples of types of illnesses, injuries, impairments, and physical or mental conditions to be covered under FMLA.
Allows employers to require that intermittent leave be taken in minimum blocks of four hours.
Requires employees to: (1) request leave be designated as FMLA leave; (2) provide written application within five working days of providing notice to the employer for foreseeable leave; and (3) with respect to unforeseeable leave, to provide, at a minimum, oral notification of the need for the leave not later than the date the leave commences, unless the employee is physically or mentally incapable of providing notice or submitting the application.
Permits employers to require employees to choose between taking unpaid leave provided by the FMLA or paid absence under an employer's collective bargaining agreement or other sick leave, sick pay, or disability plan, program, or policy of the employer.
Directs the Secretary of Labor to review all existing regulations for implementing FMLA, and to issue new regulations revised to reflect the amendments made by this Act. | Family and Medical Leave Clarification Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Girl Scouts USA Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress find as follows:
(1) The Girl Scouts of the United States of America is the
world's preeminent organization dedicated solely to girls where
they build character and skills for success in the real world.
(2) In 1911, Juliette Gordon Low met Sir Robert Baden-
Powell, a war hero and the founder of the Boy Scouts.
(3) With Baden-Powell's help and encouragement, Juliette
Gordon Low made plans to start a similar association for
American girls.
(4) On March 12, 1912, Juliette Gordon Low organized the
first 2 Girl Scout Troops in Savannah, Georgia consisting of 18
members.
(5) Low devoted the next 15 years of her life to building
the organization, which would become the largest voluntary
association for women and girls in the United States.
(6) Low drafted the Girl Scout laws, supervised the writing
of the first handbook in 1913, and provided most of the
financial support for the organization during its early years.
(7) The Girl Scouts of the United States of America was
chartered by the United States Congress in 1950 in title 36,
United States Code.
(8) Today there are more than 3,700,000 members in 236,000
troops throughout the United States and United States
territories.
(9) Through membership in the World Association of Girl
Guides and Girl Scouts, Girls Scouts of the United States of
America is part of a worldwide family of 10,000,000 girls and
adults in 145 countries.
(10) More than 50,000,000 American women enjoyed Girl
Scouting during their childhood--and that number continues to
grow as Girl Scouts of the United States of America continues
to inspire, challenge, and empower girls everywhere.
(11) March 12, 2012 will mark the 100th Anniversary of the
Girl Scouts of the United States of America.
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 350,000 $1 coins in commemoration of the centennial of the
Girl Scouts of the USA, 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 sections 5134 and 5136 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 centennial of the Girl Scouts of
the United States of America.
(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 ``2011''; 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
Girl Scouts of the United States of America 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.--
(1) In general.--Only 1 facility of the United States Mint
may be used to strike any particular quality of the coins
minted under this Act.
(2) Use of the united states mint at west point, new
york.--It is the sense of the Congress that the coins minted
under this Act should be struck at the United States Mint at
West Point, New York, to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2011.
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 section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--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 Girl Scouts of the
United States of America for efforts involved in marking the Centennial
which may include preservation efforts of the birthplace of Juliette
Gordon Low.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Girl Scouts of the United States of America as may be
related to the expenditures of amounts paid under subsection (b). | Girl Scouts USA Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the founding of the Girl Scouts of the USA.
Requires the coin design to be emblematic of the 100 years of the organization.
Restricts issuance of such coins to calendar year 2011.
Subjects coin sales to a surcharge of $10 per coin.
Requires payment of such surcharges to the Girl Scouts of the United States of America for efforts involved in marking the Centennial, which may include preservation efforts of the birthplace of Juliette Gordon Low. | To require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of the Girl Scouts of the United States of America. |
148, the
United States deployed on an emergency basis two aircraft
carrier battle groups to the Taiwan Strait, after which the
People's Republic of China ceased further planned military
exercises.
(17) An earlier consequence of such ambiguity and lack of
clarity was the expressed surprise by the People's Republic of
China that Congress and the American people fully supported
President Lee Teng-hui's private visit to his alma mater,
Cornell University, necessitating House Concurrent Resolution
53, approved by the House of Representatives by a vote of 390-0
on May 2, 1995, and by the Senate by a vote of 97-1 on May 9,
1995, which stated such support explicitly.
SEC. 3. TRAINING OF MILITARY OFFICERS AND SALE OF DEFENSE ARTICLES AND
SERVICES TO TAIWAN.
(a) Training of Taiwan Military Officers.--The Secretary of Defense
and the Secretaries of the military departments shall make every effort
to reserve additional positions for Taiwan military officers at the
National Defense University and other professional military education
schools specified in section 2162(d) of title 10, United States Code,
and for prospective Taiwan military officers at the United States
Military Academy, the United States Naval Academy, and the Air Force
Academy.
(b) Foreign Military Sales.--The Secretary of State shall, when
considering foreign military sales to Taiwan--
(1) take into account the special status of Taiwan,
including the defense needs of Taiwan in response to the
military modernization and weapons procurement efforts by the
People's Republic of China; and
(2) make every effort to ensure that Taiwan has full and
timely access to price and availability data for defense
articles and defense services.
SEC. 4. DETERMINATIONS OF DEFENSE NEEDS OF TAIWAN.
(a) Increase in Technical Staff of the American Institute in
Taiwan.--Upon the request of the Defense Security Cooperation Agency,
the President shall use funds available to the Department of Defense
under the Arms Export Control Act for the employment of additional
technical staff at the American Institute in Taiwan.
(b) Annual Reports.--Beginning 60 days after the next round of arms
talks between the United States and Taiwan, and annually thereafter,
the President shall submit a report to Congress, in classified and
unclassified form--
(1) detailing each of Taiwan's requests for purchase of
defense articles and defense services during the one-year
period ending on the date of the report;
(2) describing the defense needs asserted by Taiwan as
justification for those requests; and
(3) describing the decision-making process used to reject,
postpone, or modify any such request.
SEC. 5. STRENGTHENING THE DEFENSE OF TAIWAN.
(a) Maintenance of Sufficient Self-Defense Capabilities of
Taiwan.--Congress finds that any determination of the nature or
quantity of defense articles or defense services to be made available
to Taiwan that is made on any basis other than section 3(b) of the
Taiwan Relations Act (22 U.S.C. 3302(b)), whether such alternative
basis is the August 17, 1982, communique signed with the People's
Republic of China, or any similar executive agreement, order, or
policy, would violate the intent of Congress in the enactment of such
Act.
(b) Combined Training and Personnel Exchange Programs.--Not later
than 210 days after the date of enactment of this Act, the Secretary of
Defense shall implement a plan for the enhancement of programs and
arrangements for operational training and exchanges of senior officers
between the Armed Forces of the United States and the armed forces of
Taiwan for work in threat analysis, doctrine, force planning,
operational methods, and other areas. At least 30 days prior to such
implementation, the Secretary of Defense shall submit the plan to
Congress, in classified and unclassified form.
(c) Report Regarding Maintenance of Sufficient Self-Defense
Capabilities.--Not later than 45 days after the date of the enactment
of this Act, and annually thereafter, the Secretary of Defense shall
submit to the Congress, in classified and unclassified form, an annual
report on the security situation in the Taiwan Strait. Such report
shall include an analysis of the military forces facing Taiwan from the
People's Republic of China, evaluating recent additions to the
offensive military capability of the People's Republic of China. The
report shall include, but not be limited to, an analysis of the surface
and subsurface naval threats, the ballistic missile threat, the air
threat, and the threat to the military and civilian communications
links in Taiwan. The report shall include a review of the steps taken
by the armed forces of Taiwan to address its security situation.
(d) Communications Between United States and Taiwan Military
Commands.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall certify to the Committee on
International Relations and the Committee on Armed Services of the
House of Representatives and the Committee on Foreign Relations and the
Committee on Armed Services of the Senate that direct secure
communications exist between the armed forces of the United States and
the armed forces of Taiwan.
(e) Relation to Arms Export Control Act.--Nothing in this section
supersedes or modifies the application of section 36 of the Arms Export
Control Act to the sale of any defense article or defense service under
this section.
SEC. 6. REPORT REGARDING THE ABILITY OF THE UNITED STATES TO RESPOND IN
ASIA-PACIFIC CONTINGENCIES THAT INCLUDE TAIWAN.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and updated as appropriate, the Secretary of
Defense shall prepare and submit to the chairmen and ranking minority
members of the Committee on International Relations and the Committee
on Armed Services of the House of Representatives and the Committee on
Foreign Relations and the Committee on Armed Services of the Senate a
report in classified and unclassified form on the ability of the United
States to successfully respond to a major contingency in the Asia-
Pacific region where United States interests on Taiwan are at risk.
(b) Contents.--The report described in subsection (a) shall
include--
(1) a description of planning on the national, operational,
and tactical levels to respond to, prosecute, and achieve
United States strategic objectives with respect to a major
contingency described in subsection (a); and
(2) a description of the confidence level of the Secretary
of Defense in United States military capabilities to
successfully respond to such a contingency.
(c) Preparation of Report.--In preparing the report under
subsection (a), the Secretary of Defense shall use the resources and
expertise of the relevant unified commands, military departments, the
combat support agencies, and the defense components of the intelligence
community, as required, and other such entities within the Department
of Defense as the Secretary considers necessary.
Passed the House of Representatives February 1, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Directs the Secretary of State, when considering foreign military sales to Taiwan, to take into account Taiwan's special status (including its defense needs in response to the military modernization and weapons procurement efforts by China) and make every effort to ensure it has full and timely access to price and availability data for defense articles and defense services.Directs the President, upon the request of the Defense Security Cooperation Agency, to use Department of Defense (DOD) funds for the employment of additional technical staff at the American Institute in Taiwan.Directs the President to report annually to Congress with respect to Taiwan's defense needs.Directs the Secretary of Defense to implement a plan for the enhancement of programs for operational training and exchanges of senior officers between U.S. armed forces and Taiwanese armed forces for work in threat analysis, doctrine, force planning, operational methods, and other areas. Directs the Secretary of Defense to: (1) report annually to Congress on the security situation in the Taiwan Strait; and (2) certify to specified congressional committees that direct secure communications exist between the U.S. armed forces and the Taiwanese armed forces.Directs the Secretary of defense to report to specified congressional committees on the U.S. ability to successfully respond to a major contingency in the Asia-Pacific region where U.S. interests on Taiwan are at risk. | Taiwan Security Enhancement Act |
SECTION 1. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary of the Army (referred to in
this section as the ``Secretary'') shall establish a pilot
program to provide environmental assistance to non-Federal
interests in the Chesapeake Bay watershed.
(2) Form.--The assistance shall be in the form of design
and construction assistance for water-related environmental
infrastructure and resource protection and development projects
affecting the Chesapeake Bay estuary, including projects for
sediment and erosion control, protection of eroding shorelines,
protection of essential public works, wastewater treatment and
related facilities, water supply and related facilities, and
beneficial uses of dredged material, and other related projects
that may enhance the living resources of the estuary.
(b) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned, and will be publicly operated and maintained.
(c) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal, State, and local
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications and an estimate of expected
resource benefits.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation and maintenance of the project by
the non-Federal interest.
(d) Cost Sharing.--
(1) Federal share.--Except as provided in paragraph (2)(B),
the Federal share of the total project costs of each local
cooperation agreement entered into under this section shall be
75 percent.
(2) Non-federal share.--
(A) Value of lands, easements, rights-of-way, and
relocations.--In determining the non-Federal
contribution toward carrying out a local cooperation
agreement entered into under this section, the
Secretary shall provide credit to a non-Federal
interest for the value of lands, easements, rights-of-
way, and relocations provided by the non-Federal
interest, except that the amount of credit provided for
a project under this paragraph may not exceed 25
percent of total project costs.
(B) Operation and maintenance costs.--The non-
Federal share of the costs of operation and maintenance
of carrying out the agreement under this section shall
be 100 percent.
(e) Applicability of Other Federal and State Laws and Agreements.--
(1) In general.--Nothing in this section waives, limits, or
otherwise affects the applicability of any provision of Federal
or State law that would otherwise apply to a project carried
out with assistance provided under this section.
(2) Cooperation.--In carrying out this section, the
Secretary shall cooperate fully with the heads of appropriate
Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration;
(C) the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service; and
(D) the heads of such other Federal agencies and
departments and agencies of a State or political
subdivision of a State as the Secretary determines to
be appropriate.
(f) Demonstration Project.--The Secretary shall establish at least
one project under this section in each of the States of Maryland,
Virginia, and Pennsylvania. A project established under this section
shall be carried out using such measures as are necessary to protect
environmental, historic, and cultural resources.
(g) Report.--Not later than December 31, 1998, the Secretary shall
transmit to Congress a report on the results of the program carried out
under this section, together with a recommendation concerning whether
or not the program should be implemented on a national basis.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 1996, 1997, and 1998, to remain available until expended. | Directs the Secretary of the Army to establish a pilot program to provide environmental assistance to non-Federal interests in the Chesapeake Bay watershed for water-related environmental infrastructure and resource protection and development projects. Requires any project receiving such assistance to be publicly owned, operated, and maintained.
Requires local cooperation agreements with non-Federal interests before the provision of such assistance. Places at 75 percent the Federal share of total project costs.
Requires the Secretary to establish at least one project for the receipt of such assistance in each of Maryland, Virginia, and Pennsylvania. Requires a report on program results. Authorizes appropriations. | To authorize the establishment of a pilot program to provide environmental assistance to non-Federal interests in the Chesapeake Bay watershed, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Trafficking Victims Protection
Act''.
SEC. 2. PROTECTING CHILD TRAFFICKING VICTIMS.
(a) Defined Term.--In this section, the term ``unaccompanied alien
children'' has the meaning given such term in section 462 of the
Homeland Security Act of 2002 (6 U.S.C. 279).
(b) Mandatory Training.--The Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services and
independent child welfare experts, shall mandate appropriate training
of all personnel who come into contact with unaccompanied alien
children in the relevant legal authorities, policies, practices, and
procedures pertaining to this vulnerable population.
(c) Care and Transportation.--Notwithstanding any other provision
of law, the Secretary of Homeland Security shall ensure that all
unaccompanied alien children who will undergo any immigration
proceedings before the Secretary or the Executive Office for
Immigration Review are duly transported and placed in the care and
legal and physical custody of the Director of the Office of Refugee
Resettlement not later than 72 hours after their apprehension, absent
exceptional circumstances. In exceptional circumstances, such as an
influx of children or a natural disaster, the Secretary of Homeland
Security shall make emergency funds available to the Director of the
Office of Refugee Resettlement, to the extent and in such amounts as
are provided in advance in appropriations Acts, for the operation of
emergency shelters. The Secretary of Homeland Security, to the extent
practicable, shall ensure that female officers are continuously present
during the transfer and transport of female detainees who are in the
custody of the Secretary.
(d) Qualified Resources.--
(1) In general.--The Secretary of Homeland Security shall
provide adequately trained and qualified staff and resources,
including child welfare professionals in accordance with
subsection (e), at U.S. Customs and Border Protection ports of
entry and stations.
(2) Child welfare professionals.--The Secretary of Homeland
Security, in consultation with the Secretary of Health and
Human Services, shall hire or contract with, on a full- or
part-time basis, child welfare professionals who will provide
assistance in the U.S. Customs and Border Protection offices or
stations having in their custody an average of 25 or more
children a day in the past fiscal year, and subject to review
based upon the current fiscal year's monthly statistical
reports.
(e) Child Welfare Professionals.--
(1) In general.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall ensure that
qualified child welfare professionals, licensed in social work,
or other comparable training and expertise, and with expertise
in culturally competent, trauma-centered, and developmentally
appropriate interviewing skills are available at ports of entry
and stations as described in subsection (d). Child welfare
professionals shall be proficient in the most common languages
spoken by children apprehended at the border. In the case where
one is not available, an interpreter shall be used.
(2) Duties.--Child welfare professionals described in
paragraph (1) shall--
(A) develop guidelines for treatment of children in
the custody of the Commissioner of U.S. Customs and
Border Protection;
(B) ensure allegations of abuse or mistreatment are
referred to the appropriate State and Federal child
protection authorities and that the Commissioner of
U.S. Customs and Border Protection and the Director of
the Office of Refugee Resettlement satisfy their
obligations under applicable child abuse reporting laws
by--
(i) ensuring that children can avail
themselves of relevant complaint mechanisms to
report abuse or misconduct;
(ii) reporting abuse or mistreatment to
State and Federal child protection authorities
as required, as well as Department of Homeland
Security Office of the Inspector General,
Office of Civil Rights and Civil Liberties,
U.S. Customs and Border Protection Internal
Affairs Office, and the Office of Refugee
Resettlement; and
(iii) providing notice to area government
subcontracted legal service providers regarding
a child who has made an allegation of abuse and
directing provider to relevant authorities
regarding availability of immigration and
administrative relief for individuals with
pending civil rights complaints;
(C) conduct screening of all unaccompanied alien
children in accordance with section 235(a)(4) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)) and
refrain from screening children from noncontiguous
countries who will undergo screening at the Office of
Refugee Resettlement;
(D) notify the Secretary of Homeland Security and
the Director of the Office of Refugee Resettlement of
children that potentially meet the notification and
transfer requirements, including children for whom a
determination cannot be made, as set forth in
subsections (a) and (b) of section 235 of the William
Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232);
(E) provide a best interest placement
recommendation for accompanied children and families to
the Director of U.S. Immigration and Customs
Enforcement that takes into consideration the best
interests of the child and applicable law, favoring a
policy of release;
(F) interview adult relatives accompanying
unaccompanied alien children;
(G) provide an initial family relationship and
trafficking assessment and recommendations regarding
unaccompanied alien children's initial placements to
the Director of the Office of Refugee Resettlement,
which shall be conducted in accordance with the
timeframe set forth in subsections (a)(4) and (b)(3) of
section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232);
(H) ensure that each child in the custody of the
Commissioner of U.S. Customs and Border Protection--
(i) receives emergency medical care when
necessary;
(ii) receives emergency medical and mental
health care that complies with the standards
adopted pursuant to section 8(c) of the Prison
Rape Elimination Act of 2003 (42 U.S.C.
15607(c)) whenever necessary, including in
cases in which a child is at risk to harm
himself, herself, or others;
(iii) is provided with climate appropriate
clothing, shoes, basic personal hygiene and
sanitary products, a pillow, linens, and
sufficient blankets to rest at a comfortable
temperature;
(iv) receives adequate nutrition;
(v) enjoys a safe and sanitary living
environment;
(vi) has access to daily recreational
programs and activities if held for a period
longer than 24 hours;
(vii) has regular access to legal services
and consular officials both in person and
telephonically; and
(viii) is permitted to make supervised
phone calls to family members;
(I) develop procedures to maintain the best
interests of the child in any migration deterrence
programs for family units carried out at a border,
including--
(i) inquiring whether a child is traveling
with a parent or legal guardian;
(ii) ascertaining whether the removal
location of an apprehended parent or legal
guardian of the child presents any humanitarian
concern or concern related to such apprehended
individual's physical safety;
(iii) ensuring that, with respect to a
decision related to the removal or referral for
prosecution of such apprehended individual, due
consideration is given to--
(I) the best interests of such
apprehended individual's child, if any;
(II) family unity whenever
possible; and
(III) other public interest
factors, including humanitarian
concerns and concerns related to such
apprehended individual's physical
safety; and
(J) coordinate with the Mexican Consulate to ensure
the safe repatriation of Mexican children.
(3) Monitoring.--The Secretary of Homeland Security, in
consultation with a child welfare professional, shall develop
procedures to provide regular access to nongovernmental
organizations for human rights monitoring.
(4) Report.--Not later than 18 months after the date of the
enactment of this Act, and annually thereafter, the Secretary
shall submit a report to Congress that--
(A) describes the screening procedures used by the
child welfare professionals to screen unaccompanied
alien children and children accompanied by a parent or
legal guardian;
(B) assesses the effectiveness of such screenings;
and
(C) includes data on all children who were screened
by child welfare professionals.
(f) Immediate Notification.--The Secretary of Homeland Security
shall notify the Director of the Office of Refugee Resettlement of an
unaccompanied alien child in the custody of the Secretary as soon as
practicable, but generally not later than 48 hours after the Secretary
encounters the child, to effectively and efficiently coordinate the
child's transfer to and placement with the Director of the Office of
Refugee Resettlement.
(g) Notice of Rights and Right to Access to Counsel.--
(1) In general.--The Secretary shall ensure that all
children, upon apprehension, are provided--
(A) an interview and screening with a child welfare
professional described in subsection (e)(1); and
(B) a video orientation, as well as an oral and
written notice, in a language they understand, of their
rights under the Immigration and Nationality Act,
including--
(i) their right to relief from removal;
(ii) their right to confer with counsel (as
guaranteed under section 292 of such Act (8
U.S.C. 1362)), family, or friends while in the
temporary custody of the Department; and
(iii) relevant complaint mechanisms to
report any abuse or misconduct they may have
experienced.
(2) Languages.--The Secretary shall ensure that the video
orientation described in paragraph (1) is available in English
and in the 5 most common native languages spoken by children
held in custody at that location during the preceding fiscal
year.
(h) Confidentiality.--The Secretary of Health and Human Services
shall maintain the privacy and confidentiality of all information
gathered in the course of providing care, custody, placement, and
follow-up services to unaccompanied alien children, consistent with the
best interest of the unaccompanied alien child, by not disclosing such
information to other government agencies or nonparental third parties
unless such disclosure is--
(1) recorded in writing and placed in the child's file;
(2) in the child's best interest; and
(3)(A) authorized by the child or by an approved sponsor in
accordance with section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) and the Health Insurance Portability and
Accountability Act (Public Law 104-191); or
(B) provided to a duly recognized law enforcement entity to
prevent imminent and serious harm to another individual.
(i) Other Policies and Procedures.--The Secretary shall adopt
fundamental child protection policies and procedures--
(1) for reliable age determinations of children, developed
in consultation with medical and child welfare experts, which
exclude the use of fallible forensic testing of children's bone
and teeth;
(2) to utilize all legal authorities to defer the child's
removal if the child faces a risk of life-threatening harm upon
return including due to the child's mental health or medical
condition; and
(3) to ensure, in accordance with the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.),
that unaccompanied alien children, while in detention, are--
(A) physically separated from any adult who is not
an immediate family member; and
(B) separated from--
(i) immigration detainees and inmates with
criminal convictions;
(ii) pretrial inmates facing criminal
prosecution; and
(iii) inmates exhibiting violent behavior.
(j) Repatriation and Reintegration Program.--
(1) In general.--The Administrator of the United States
Agency for International Development, in conjunction with the
Secretary of Homeland Security, the Secretary of Health and
Human Services, the Attorney General, international
organizations, and nongovernmental organizations in the United
States with expertise in repatriation and reintegration, shall
ensure that programs in the United States and within the
country of return support the safe and sustainable repatriation
and reintegration of unaccompanied alien children into their
country of nationality or of last habitual residence, including
placement with their families, legal guardians, or other
sponsoring agencies.
(2) Scope.--The process described in paragraph (1) shall
include--
(A) an identification of the expressed needs of the
child;
(B) the creation of partnerships with community
based organizations that are linguistically and
culturally competent;
(C) the recognition of the need to include the
family unit in the process to help the child
reintegrate;
(D) the provision of a wide diversity of services,
including access to school, scholarships, and
vocational and skills training;
(E) procedures that outline safe repatriation to
ensure children are not returned to harm or in other
unsafe circumstances such as during nighttime hours;
(F) procedures for when the exercise of discretion
should be exercised because it is not in the child's
best interest to be returned; and
(G) special considerations to address the
particular needs of returning girls are addressed,
tender-aged children, or other vulnerable children.
(3) Report on repatriation and reintegration of
unaccompanied alien children.--Not later than 18 months after
the date of the enactment of this Act, and annually thereafter,
the Administrator of the Agency for International Development
shall submit a substantive report to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate on efforts to improve repatriation
and reintegration programs for unaccompanied alien children.
(k) Transfer of Funds.--
(1) Authorization.--The Secretary of Homeland Security, in
accordance with a written agreement between the Secretary and
the Secretary of Health and Human Services, and to the extent
and in such amounts as are provided in advance in
appropriations Acts, shall transfer such amounts as may be
necessary to carry out the duties described in subsections (c)
and (e)(2) from amounts appropriated for U.S. Customs and
Border Protection to the Department of Health and Human
Services.
(2) Report.--Not later than 15 days before any proposed
transfer under paragraph (1), the Secretary of Health and Human
Services, in consultation with the Secretary of Homeland
Security, shall submit a detailed expenditure plan that
describes the actions proposed to be taken with amounts
transferred under such paragraph to--
(A) the Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Appropriations of the Senate. | Child Trafficking Victims Protection Act Directs the Department of Homeland Security (DHS) to: (1) require the appropriate training of all personnel who come into contact with unaccompanied alien children, and (2) hire child welfare professionals. Sets forth related protections for such children regarding: (1) prompt placement with the Office of Refugee Resettlement, (2) qualified resources and child welfare professionals at appropriate ports of entry and stations, (3) confidentiality of information, (4) notice of rights and access to counsel, (5) separation from non-family member adults, and (6) the presence of female officers during the transfer and transport of female detainees. Directs the U.S. Agency for International Development to ensure that programs in the United States and within the country of return support the safe and sustainable repatriation and reintegration of unaccompanied alien children into their country of nationality or of last habitual residence. | Child Trafficking Victims Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Science and
Technology Competitiveness Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States is losing its dominance in the
sciences and technology, and faces serious challenges from
highly educated foreign competitors.
(2) The workforce of the United States must be better
prepared for the scientifically and technologically advanced
competition of the global economy.
(3) New scientific knowledge is the engine of American
technological innovation, national security, economic growth,
and prosperity.
(4) The competitiveness of the United States depends on
strengthening and expanding postsecondary educational efforts
in science, math, engineering, and technology.
(5) Shortages of scientifically and technologically
educated workers will be best addressed through partnerships
between the Nation's associate degree-granting colleges and
public four-year colleges and universities.
(6) Enlarging the traditional role of community colleges in
workforce training by developing seamless transitions from
occupational competency or certificate programs to associate
degree programs in math, science, engineering, and technology.
SEC. 3. ARTICULATION AGREEMENT PROGRAM.
Part G of title IV of the Higher Education Act of 1965 is amended
by inserting after section 486 (20 U.S.C. 1093) the following new
section:
``SEC. 486A. ARTICULATION AGREEMENT PROGRAM.
``(a) Purpose; Definition.--
``(1) Purpose.--The purpose of this section is to
strengthen and expand scientific and technological education
capabilities of associate-degree-granting public institutions
of higher education through the establishment of partnership
arrangements with bachelor-degree-granting public institutions
of higher education.
``(2) Definition.--For the purposes of this section, the
term `articulation agreement' means an agreement between
institutions of higher education that specifies the
acceptability of courses in transfer toward meeting specific
degree requirements.
``(b) Program Authorized.--
``(1) Grants to public institutions.--From the sums
appropriated under subsection (g), the Secretary shall award
grants under this section to public institutions of higher
education for the support of programs to establish and
implement statewide articulation agreements in accordance with
subsection (d).
``(2) Eligibility of private institutions to participate in
agreements.--Nothing in this section shall be construed to
preclude a nonprofit or for-profit private institution of
higher education from participating in the development and
implementation of a statewide articulation agreement under
subsection (d).
``(c) Applications.--Each institution, system, or consortium of
institutions desiring to participate in a demonstration program under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information and assurances as the
Secretary may require.
``(d) Use of Funds.--Funds provided by grant under this section may
be used--
``(1) to establish statewide articulation agreements in
math, science, engineering, and technology among public 2-year
institutions and public 4-year institutions to provide a
seamless transition for the transfer of students from the
public 2-year institutions to the public 4-year institutions by
having both such types of institutions provide and use a common
core curricula that reflects the workforce needs of private
industry;
``(2) to establish articulation agreements within community
colleges between occupational competency or certification
programs and associate degree programs in math, science,
engineering, and technology to increase the proportion of
students who enroll to complete their associates degree;
``(3) to collect data on transfers from 2-year institutions
to 4-year institutions on a regular basis and to submit such
data to commissioners or departments of higher education, for
transmission by such commissioners and departments to the
Secretary, in order to monitor program progress and success;
``(4) to develop a statewide articulation guide in
consultation with public colleges and universities to provide
students with descriptions of articulation requirements; and
``(5) to develop a plan for professional development of 2-
year college faculty, including inter-institutional workshops,
consultations, and professional meetings.
``(e) Evaluations and Reports.--The Secretary shall collect from
State commissioners and departments the data provided by grant
recipients under subsection (d)(3) for the purposes of evaluating the
success of the program authorized by this section. The Secretary shall
submit a report on the results of such evaluation to the Congress not
later than 2 years after the end of the first fiscal year for which
funds are made available for grants under this section.
``(f) Additional Definition.--The Secretary shall by regulation
define the term `degree programs in math, science, engineering, and
technology'.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to make grants under this section $10,000,000 for fiscal
year 2005 and such sums as may be necessary for each of the 4
succeeding fiscal years.''. | Higher Education Science and Technology Competitiveness Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award grants for articulation agreements between institutions of higher education that specifies the acceptability of courses in transfer toward meeting specific degree requirements, especially in mathematics, science, engineering, and technology.
Allows the use of grant funds to establish articulation agreements: (1) statewide, among public two-year and four-year institutions of higher education, to provide a seamless transition for the transfer of students through a common core curricula that reflects the workforce needs of private industry; and (2) within community colleges, between occupational competency or certification programs and associate degree programs, to increase the proportion of students who enroll to complete their associates degree.
Allows such grants also to be used to: (1) collect data on transfers from two-year to four-year institutions, for monitoring purposes; (2) develop a statewide articulation guide in consultation with public colleges and universities to provide students with descriptions of articulation requirements; and (3) develop a plan for professional development of two-year college faculty. | To strengthen and expand scientific and technological education capabilities of associate-degree-granting colleges through the establishment of partnership arrangements with bachelor-degree-granting institutions. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting New Manufacturing Act''.
SEC. 2. BUILDING AND MANUFACTURING PROJECTS DASHBOARD.
(a) In General.--The Administrator shall, with respect to fiscal
year 2008 and each subsequent fiscal year, publish in a readily
accessible location on the Environmental Protection Agency's public
Website the Agency's estimate of the following:
(1) The total number of preconstruction permits issued
during the fiscal year.
(2) The percentage of such preconstruction permits issued
within one year after the date of filing of a completed
application.
(3) The average length of time for the Agency's
Environmental Appeals Board to issue a final decision on
petitions appealing decisions to grant or deny a
preconstruction permit application.
(b) Initial Publication; Updates.--The Administrator shall--
(1) make the publication required by subsection (a) for
fiscal years 2008 through 2014 not later than 60 days after the
date of enactment of this Act; and
(2) update such publication not less than annually.
(c) Sources of Information.--In carrying out this section:
(1) With respect to information to be published for fiscal
years 2008 through 2014, the Environmental Protection Agency's
estimates shall be based on information that is in the Agency's
possession as of the date of enactment of this Act, including
information in the RACT/BACT/LAER Clearinghouse database.
(2) With respect to information to be published for any
fiscal year, nothing in the section compels the Environmental
Protection Agency to seek or collect any information in
addition to the information that is voluntarily provided by
States and local air agencies for the RACT/BACT/LAER
Clearinghouse database.
SEC. 3. TIMELY ISSUANCE OF REGULATIONS AND GUIDANCE TO ADDRESS NEW OR
REVISED NATIONAL AMBIENT AIR QUALITY STANDARDS IN
PRECONSTRUCTION PERMITTING.
(a) In General.--In publishing any final rule establishing or
revising a national ambient air quality standard, the Administrator
shall, as the Administrator determines necessary and appropriate to
assist States, permitting authorities, and permit applicants,
concurrently publish regulations and guidance for implementing the
standard, including information relating to submission and
consideration of a preconstruction permit application under the new or
revised standard.
(b) Applicability of Standard to Preconstruction Permitting.--If
the Administrator fails to publish final regulations and guidance that
include information relating to submission and consideration of a
preconstruction permit application under a new or revised national
ambient air quality standard concurrently with such standard, then such
standard shall not apply to the review and disposition of a
preconstruction permit application until the Agency has published such
final regulations and guidance.
(c) Rules of Construction.--
(1) After publishing regulations and guidance for
implementing national ambient air quality standards under
subsection (a), nothing in this section shall preclude the
Environmental Protection Agency from issuing subsequent
regulations or guidance to assist States and facilities in
implementing such standards.
(2) Nothing in this section shall be construed to eliminate
the obligation of a preconstruction permit applicant to install
best available control technology and lowest achievable
emissions rate technology, as applicable.
(3) Nothing in this section shall be construed to limit the
authority of a State, local, or tribal permitting authority to
impose more stringent emissions requirements pursuant to State,
local, or tribal law than Federal national ambient air quality
standards established by the Environmental Protection Agency.
SEC. 4. REPORT TO CONGRESS ON ACTIONS TO EXPEDITE REVIEW OF
PRECONSTRUCTION PERMITS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Administrator shall
submit to Congress a report--
(1) identifying the activities being undertaken by the
Environmental Protection Agency to increase the efficiency of
the preconstruction permitting process;
(2) identifying the specific reasons for delays in
issuing--
(A) preconstruction permits required under part C
of the Clean Air Act (42 U.S.C. 7470 et seq.) beyond
the one-year statutory deadline mandated by section
165(c) of the Clean Air Act (42 U.S.C. 7475(c)); or
(B) preconstruction permits required under part D
of the Clean Air Act (42 U.S.C. 7501 et seq.) beyond
the one-year period beginning on the date on which the
permit application is determined to be complete;
(3) describing how the Agency is resolving delays in making
completeness determinations for preconstruction permit
applications;
(4) describing how the Agency is resolving processing
delays for preconstruction permits, including any increases in
communication with State and local permitting authorities; and
(5) summarizing and responding to public comments
concerning the report received under subsection (b).
(b) Public Comment.--Before submitting each report required by
subsection (a), the Administrator shall publish a draft report on the
Website of the Environmental Protection Agency and provide the public
with a period of at least 30 days to submit comments on the draft
report.
(c) Sources of Information.--Nothing in this section compels the
Environmental Protection Agency to seek or collect any information in
addition to the information that is voluntarily provided by States and
local air agencies for the RACT/BACT/LAER Clearinghouse database.
SEC. 5. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Best available control technology.--The term ``best
available control technology'' has the meaning given to that
term in section 169(3) of the Clean Air Act (42 U.S.C.
7479(3)).
(3) Lowest achievable emissions rate.--The term ``lowest
achievable emissions rate'' has the meaning given to that term
in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)).
(4) Major emitting facility; major stationary source.--The
terms ``major emitting facility'' and ``major stationary
source'' have the meaning given to those terms in section
302(j) of the Clean Air Act (42 U.S.C. 7602(j)).
(5) National ambient air quality standard.--The term
``national ambient air quality standard'' means a national
ambient air quality standard for an air pollutant under section
109 of the Clean Air Act (42 U.S.C. 7409) that is finalized on
or after the date of enactment of this Act.
(6) Preconstruction permit.--The term ``preconstruction
permit''--
(A) means a permit that is required under part C or
D of title I of the Clean Air Act (42 U.S.C. 7470 et
seq.) for the construction or modification of a major
emitting facility or major stationary source; and
(B) includes any such permit issued by the
Environmental Protection Agency or a State, local, or
tribal permitting authority.
(7) RACT/BACT/LAER clearinghouse database.--The term
``RACT/BACT/LAER Clearinghouse database'' means the central
database of air pollution technology information that is posted
on the Environmental Protection Agency's Website. | Promoting New Manufacturing Act This bill requires the Environmental Protection Agency (EPA) to publish on its website, with respect to FY2008 and each fiscal year thereafter, estimates of: the total number of preconstruction permits issued annually under the Clean Air Act's New Source Review Program for the construction or modification of a major stationary source (any stationary facility or source of air pollutants which directly emits, or has the potential to emit, 100 tons per year or more of any regulated air pollutant); the percentage of permits issued within one year of the application; and the average length of time for the EPA's Environmental Appeals Board to decide appeals of decisions to grant or deny a permit. A new or revised national ambient air quality standard (NAAQS) may not apply to the review and disposition of a preconstruction permit application unless the EPA publishes implementation guidance with the NAAQS. The EPA must submit annually a report on actions to expedite the process for review of preconstruction permits. | Promoting New Manufacturing Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Workers for Economic Growth
Act''.
TITLE I--H-1B NONIMMIGRANT WORKERS
SEC. 101. AUTHORIZED ADMISSIONS OF H-1B WORKERS.
(a) Annual Limitations.--Section 214(g)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) in clause (ii), by adding ``and'' at the end; and
(2) by striking clauses (iii) through (v) and inserting the
following:
``(iii) with respect to all such aliens
other than aliens described in paragraph (5)--
``(I) 200,000 for each of the
fiscal years 2000, 2001, and 2002; and
``(II) 65,000 for each succeeding
fiscal year; or''.
(b) Exemption From Annual Limitation.--Section 214(g) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding
at the end the following new paragraph:
``(5) The numerical limitations contained in paragraph (1)(A)(iii)
shall not apply to any nonimmigrant alien admitted under section
101(a)(15)(H)(i)(b) who--
``(A) has attained a master's degree or higher degree (or
its equivalent) in a specialty related to the intended
employment and receives wages (including cash bonuses and
similar compensation) at an annual rate equal to at least
$60,000; or
``(B) has attained a bachelor's degree or higher degree (or
its equivalent) and is employed (or has received an offer of
employment) at an institution of higher education (as defined
in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))).''.
(c) Exemption From Attestation Requirements.--Section
212(n)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(3)(B)(i)) is amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by striking ``and'' at the end and
inserting ``or''; and
(3) by adding at the end the following:
``(III) has attained a bachelor's degree or higher
degree (or its equivalent) and is employed (or has
received an offer of employment) at an institution of
higher education (as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)));
and''.
TITLE II--ELIMINATION OF EARNINGS PENALTY ON SENIOR CITIZENS
SEC. 201. ELIMINATION OF EARNINGS PENALTY ON SENIOR CITIZENS WHO
CONTINUE TO WORK AFTER REACHING RETIREMENT AGE.
(a) In General.--Section 203 of the Social Security Act (42 U.S.C.
403) is amended--
(1) in subsection (c)(1), by striking ``the age of
seventy'' and inserting ``retirement age (as defined in section
216(l))'';
(2) in paragraphs (1)(A) and (2) of subsection (d), by
striking ``the age of seventy'' each place it appears and
inserting ``retirement age (as defined in section 216(l))'';
(3) in subsection (f)(1)(B), by striking ``was age seventy
or over'' and inserting ``was at or above retirement age (as
defined in section 216(l))'';
(4) in subsection (f)(3)--
(A) by striking ``33\1/3\ percent'' and all that
follows through ``any other individual,'' and inserting
``50 percent of such individual's earnings for such
year in excess of the product of the exempt amount as
determined under paragraph (8),''; and
(B) by striking ``age 70'' and inserting
``retirement age (as defined in section 216(l))'';
(5) in subsection (h)(1)(A), by striking ``age 70'' each
place it appears and inserting ``retirement age (as defined in
section 216(l))''; and
(6) in subsection (j)--
(A) in the heading, by striking ``Age Seventy'' and
inserting ``Retirement Age''; and
(B) by striking ``seventy years of age'' and
inserting ``having attained retirement age (as defined
in section 216(l))''.
(b) Conforming Amendments Eliminating the Special Exempt Amount for
Individuals Who Have Attained Retirement Age.--
(1) Uniform exempt amount.--Section 203(f)(8)(A) of the
Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by
striking ``the new exempt amounts (separately stated for
individuals described in subparagraph (D) and for other
individuals) which are to be applicable'' and inserting ``a new
exempt amount which shall be applicable''.
(2) Conforming amendments.--Section 203(f)(8)(B) of such
Act (42 U.S.C. 403(f)(8)(B)) is amended--
(A) in the matter preceding clause (i), by striking
``Except'' and all that follows through ``whichever''
and inserting ``The exempt amount which is applicable
for each month of a particular taxable year shall be
whichever'';
(B) in clauses (i) and (ii), by striking
``corresponding'' each place it appears; and
(C) in the last sentence, by striking ``an exempt
amount'' and inserting ``the exempt amount''.
(3) Repeal of basis for computation of special exempt
amount.--Section 203(f)(8)(D) of such Act (42 U.S.C.
403(f)(8)(D)) is repealed.
(c) Additional Conforming Amendments.--
(1) Elimination of redundant references to retirement
age.--Section 203 of the Social Security Act (42 U.S.C. 403) is
amended--
(A) in subsection (c), in the last sentence, by
striking ``nor shall any deduction'' and all that
follows and inserting ``nor shall any deduction be made
under this subsection from any widow's or widower's
insurance benefit if the widow, surviving divorced
wife, widower, or surviving divorced husband involved
became entitled to such benefit prior to attaining age
60.''; and
(B) in subsection (f)(1), by striking subparagraph
(D) and inserting the following: ``(D) for which such
individual is entitled to widow's or widower's
insurance benefits if such individual became so
entitled prior to attaining age 60,''.
(2) Conforming amendment to provisions for determining
amount of increase on account of delayed retirement.--Section
202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is
amended--
(A) by striking ``either''; and
(B) by striking ``or suffered deductions under
section 203(b) or 203(c) in amounts equal to the amount
of such benefit''.
(3) Provisions relating to earnings taken into account in
determining substantial gainful activity of blind
individuals.--The second sentence of section 223(d)(4) of such
Act (42 U.S.C. 423(d)(4)) is amended by striking ``if section
102 of the Senior Citizens' Right to Work Act of 1996 had not
been enacted'' and inserting the following: ``if the amendments
to section 203 made by section 102 of the Senior Citizens'
Right to Work Act of 1996 and by the New Workers for Economic
Growth Act had not been enacted''.
(d) Effective Date.--The amendments and repeals made by this
section shall apply with respect to taxable years beginning after
December 31, 1999. | TABLE OF CONTENTS:
Title I: H-1B Nonimmigrant Workers
Title II: Elimination of Earnings Penalty on Senior Citizens
New Workers for Economic Growth Act -
Title I: H-1B Nonimmigrant Workers
- Amends the Immigration and Nationality Act to increase the permitted number of H-1B temporary worker and trainee visas for FY 2000 through 2002. Excludes from such limitation aliens with: (1) specified higher degrees and salaries; and (2) at least a bachelor's degree and a job or job offer at an institution of higher education (excludes such aliens from certain labor attestation requirements).
Title II: Elimination of Earnings Penalty on Senior Citizens
- Amends the Social Security Act to eliminate the reduction in Social Security benefits for individuals under 70 years old whose earnings exceed specified annual limits. | New Workers for Economic Growth Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Executive Service
Accountability Act''.
SEC. 2. BIENNIAL JUSTIFICATION OF SENIOR EXECUTIVE SERVICE POSITIONS.
Section 3133(a)(2) of title 5, United States Code, is amended by
inserting after ``positions'' the following: ``, with a justification
for each position (by title and organizational location) and the
specific result expected from each position, including the impact of
such result on the agency mission,''.
SEC. 3. EXTENSION OF PROBATIONARY PERIOD FOR CAREER APPOINTEES.
(a) In General.--Section 3393(d) of title 5, United States Code, is
amended by striking ``1-year'' and inserting ``2-year''.
(b) Conforming Amendment.--Section 3592(a)(1) of such title is
amended by striking ``1-year'' and inserting ``2-year''.
SEC. 4. MODIFICATION OF PAY RETENTION FOR CAREER APPOINTEES REMOVED FOR
UNDER PERFORMANCE.
Section 3594(c)(1)(B) of title 5, United States Code, is amended to
read as follows:
``(B)(i) any career appointee placed under
subsection (a) or (b)(2) of this section shall be
entitled to receive basic pay at the highest of--
``(I) the rate of basic pay in effect for
the position in which placed;
``(II) the rate of basic pay in effect at
the time of the placement for the position the
career appointee held in the civil service
immediately before being appointed to the
Senior Executive Service; or
``(III) the rate of basic pay in effect for
the career appointee immediately before being
placed under subsection (a) or (b) of this
section; and
``(ii) any career appointee placed under subsection
(b)(1) of this section shall be entitled to receive
basic pay at the rate of basic pay in effect for the
position in which placed; and''.
SEC. 5. ADVANCED ESTABLISHMENT OF PERFORMANCE REQUIREMENTS UNDER SENIOR
EXECUTIVE SERVICE PERFORMANCE APPRAISAL SYSTEMS.
Section 4312(b)(1) of title 5, United States Code, is amended--
(1) by striking ``on or'' and inserting ``not later than 30
calendar days''; and
(2) by inserting ``in writing'' after ``communicated''.
SEC. 6. AMENDMENTS WITH RESPECT TO ADVERSE ACTIONS AGAINST CAREER
APPOINTEES.
(a) Suspension for 14 Days or Less for Senior Executive Service
Employee.--Paragraph (1) of Section 7501 of title 5, United States
Code, is amended to read as follows:
``(1) `employee' means--
``(A) an individual in the competitive service who
is not serving a probationary period or trial period
under an initial appointment or who has completed 1
year of current continuous employment in the same or
similar positions under other than a temporary
appointment limited to 1 year or less; or
``(B) a career appointee in the Senior Executive
Service who--
``(i) has completed the probationary period
prescribed under section 3393(d); or
``(ii) was covered by the provisions of
subchapter II of this chapter immediately
before appointment to the Senior Executive
Service; and''.
(b) Modification of Cause and Procedure for Suspension and
Termination.--
(1) In general.--Section 7543 of title 5, United States
Code, is amended--
(A) in subsection (a), by striking ``misconduct,''
and inserting ``such cause as would promote the
efficiency of the service, misconduct,''; and
(B) in subsection (b)(1), by striking ``30'' and
inserting ``15''.
(2) Conforming amendments.--Subchapter V of chapter 35 of
title 5, United States Code, is amended--
(A) in section 3593--
(i) in subsection (a)(2), by striking
``misconduct,'' and inserting ``such cause as
would promote the efficiency of the service,
misconduct,''; and
(ii) in subsection (b), by striking
``misconduct,'' and inserting ``such cause as
would promote the efficiency of the service,
misconduct,''; and
(B) in section 3594(a), by striking ``misconduct,''
and inserting ``such cause as would promote the
efficiency of the service, misconduct,''.
SEC. 7. MANDATORY LEAVE FOR CAREER APPOINTEES SUBJECT TO REMOVAL.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 6330. Mandatory leave for Senior Executive Service career
appointees subject to removal
``(a) In this section--
``(1) the term `employee' means an employee (as that term
is defined in section 7541(1)) who has received written notice
of removal from the civil service under subchapter V of chapter
75; and
``(2) the term `mandatory leave' means, with respect to an
employee, an absence with pay but without duty during which
such employee--
``(A) shall be charged accrued annual leave for the
period of such absence; and
``(B) may not accrue any annual leave under section
6303 for the period of such absence.
``(b) Under regulations prescribed by the Office of Personnel
Management, an agency may place an employee on mandatory leave for
misconduct, neglect of duty, malfeasance, or such cause as would
promote the efficiency of the service.
``(c) If an agency determines that an employee should be placed on
mandatory leave under subsection (b), such leave shall begin no earlier
than the date on which the employee received written notice of a
removal under subchapter V of chapter 75.
``(d) If a final order or decision is issued in favor of such
employee with respect to removal under subchapter V of chapter 75 by
the agency, the Merit Systems Protection Board, or the United States
Court of Appeals for the Federal Circuit, any annual leave that is
charged to an employee by operation of this section shall be restored
to the applicable leave account of such employee.''.
(b) Clerical Amendment.--The table of sections of chapter 63 of
title 5, United States Code, is amended by adding after the item
relating to section 6328 the following new item:
``6330. Mandatory leave for Senior Executive Service career appointees
subject to removal.''.
(c) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Director of the Office of Personnel
Management shall prescribe regulations with respect to the leave
provided by the amendment in subsection (a).
SEC. 8. EXPEDITED REMOVAL OF CAREER APPOINTEES FOR PERFORMANCE OR
MISCONDUCT.
(a) In General.--Chapter 75 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VI--SENIOR EXECUTIVE SERVICE: EXPEDITED REMOVAL
``Sec. 7551. Definitions
``In this subchapter--
``(1) the term `employee' has the meaning given such term
in section 7541(1), but does not include any career appointee
in the Senior Executive Service within the Department of
Veterans Affairs; and
``(2) the term `misconduct' includes neglect of duty,
malfeasance, or failure to accept a directed reassignment or to
accompany a position in a transfer of function.
``Sec. 7552. Actions covered
``This subchapter applies to a removal from the civil service or a
transfer from the Senior Executive Service, but does not apply to an
action initiated under section 1215, to a removal under section 3592 or
3595, to a suspension under section 7503, to a suspension or removal
under section 7532, to a suspension or removal under section 7542, or
to a suspension or removal under section 713 of title 38.
``Sec. 7553. Cause and procedure
``(a)(1) Under regulations prescribed by the Office of Personnel
Management, the head of an agency may remove an employee of the agency
from the Senior Executive Service if the head determines that the
performance or misconduct of the individual warrants such removal. If
the head so removes such an individual, the head may--
``(A) remove the individual from the civil service; or
``(B) in the case of an employee described in paragraph
(2), transfer the employee from the Senior Executive Service to
a General Schedule position at any grade of the General
Schedule for which the employee is qualified and that the head
determines is appropriate.
``(2) An employee described in this paragraph is an individual
who--
``(A) previously occupied a permanent position within the
competitive service;
``(B) previously occupied a permanent position within the
excepted service; or
``(C) prior to employment as a career appointee at the
agency, did not occupy any position within the Federal
Government.
``(3) An employee against whom an action is proposed under
paragraph (1) is entitled to 5 days' advance written notice.
``(b)(1) Notwithstanding any other provision of law, including
section 3594, any employee transferred to a General Schedule position
under subsection (a)(1)(B) shall, beginning on the date of such
transfer, receive the annual rate of pay applicable to such position.
``(2) An employee so transferred may not be placed on
administrative leave or any other category of paid leave during the
period during which an appeal (if any) under this section is ongoing,
and may only receive pay if the individual reports for duty. If an
employee so transferred does not report for duty, such employee shall
not receive pay or other benefits pursuant to section 7554(e).
``(c) Not later than 30 days after removing or transferring an
employee under subsection (a), the applicable head of the agency shall
submit to Congress notice in writing of such removal or transfer and
the reason for such removal or transfer.
``(d) Section 3592(b)(1) does not apply to an action to remove or
transfer an employee under this section.
``(e) Subject to the requirements of section 7554, an employee may
appeal a removal or transfer under subsection (a) to the Merit Systems
Protection Board under section 7701, but only if such appeal is made
not later than seven days after the date of such removal or transfer.
``Sec. 7554. Expedited review of appeal
``(a) Upon receipt of an appeal under section 7553(d), the Merit
Systems Protection Board shall refer such appeal to an administrative
judge pursuant to section 7701(b)(1). The administrative judge shall--
``(1) expedite any such appeal under such section; and
``(2) in any such case, issue a decision not later than 21
days after the date of the appeal.
``(b) Notwithstanding any other provision of law, including section
7703, the decision of an administrative judge under subsection (a)
shall be final and shall not be subject to any further appeal.
``(c) In any case in which the administrative judge cannot issue a
decision in accordance with the 21-day requirement under subsection
(a)(2), the removal or transfer is final. In such a case, the Merit
Systems Protection Board shall, within 14 days after the date that such
removal or transfer is final, submit to Congress a report that explains
the reasons why a decision was not issued in accordance with such
requirement.
``(d) The Merit Systems Protection Board or administrative judge
may not stay any removal or transfer under this section.
``(e) During the period beginning on the date on which an employee
appeals a removal from the civil service under section 7553(d) and
ending on the date that the administrative judge issues a final
decision on such appeal, such employee may not receive any pay, awards,
bonuses, incentives, allowances, differentials, student loan
repayments, special payments, or benefits.''.
(b) Application.--
(1) In general.--Subchapter VI of chapter 75 of title 5,
United States Code, as added by subsection (a), shall not apply
to any personnel action against a career appointee (as that
term is defined in section 3132(a)(4) of title 5, United States
Code) that was commenced before the date of enactment of this
Act.
(2) Relation to other authorities.--The authority provided
by such subchapter is in addition to the authority provided
under section 3592 or subchapter V of chapter 75 of title 5,
United States Code.
(c) Technical Amendments.--
(1) Title 5.--Title 5, United States Code, is amended--
(A) in section 3592(b)(2)--
(i) by striking ``or'' at the end of
subparagraph (A);
(ii) by striking the period at the end of
subparagraph (B) and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) any removal under subchapter VI of this title
or section 713 of title 38.'';
(B) in section 3393(g), by striking ``or 7543 of
this title'' and inserting ``, 7543, or 7553 of this
title or section 713 of title 38''; and
(C) in section 7542, by striking ``or to a removal
under section 3592 or 3595 of this title'' and
inserting ``to a removal under section 3592 or 3595 of
this title, to a suspension under section 7503, to a
removal or transfer under section 7553, or a removal or
transfer under section 713 of title 38''.
(2) Title 38.--Section 713(f)(1) of title 38, United States
Code, is amended by striking ``or subchapter V'' and inserting
``, chapter 43, or subchapters V and VI''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 75 of title 5, United States Code, is amended by adding after
the item relating to section 7543 the following:
``subchapter vi--senior executive service: expedited removal
``7551. Definitions.
``7552. Actions covered.
``7553. Cause and procedure.
``7554. Expedited review of appeal.''.
SEC. 9. MANDATORY REASSIGNMENT OF CAREER APPOINTEES.
(a) In General.--Section 3395(a) of title 5, United States Code, is
amended by adding at the end the following:
``(3)(A) Consistent with the requirements of paragraphs (1) and
(2), at least once every five years beginning on the date that a career
appointee is initially appointed to the Senior Executive Service, each
career appointee at an agency shall be reassigned to another Senior
Executive Service position at the agency at a different geographic
location that does not include the supervision of the same agency
personnel or programs.
``(B) The head of an agency may waive the requirement under
subparagraph (A) for any career appointee if the head submits notice of
the waiver and an explanation of the reasons for the waiver to the
Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate.''.
(b) Conforming Amendment.--Section 3395(a)(1)(A) of title 5, United
States Code, is amended by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)''.
(c) Effective Date.--The amendments made by this section shall take
effect 90 days after the date of enactment of this Act. | . Senior Executive Service Accountability Act (Sec. 2) This bill revises personnel requirements for employees in the Senior Executive Service (SES) to: require each federal agency to include in its biennial report to the Office of Personnel Management a justification for certain SES positions and the specific result expected from each position, including the impact of such result on the agency mission; extend the probationary period for SES employees from one year to two years; eliminate the authority for allowing an SES employee removed for a less than fully successful executive performance to retain an SES pay grade level if appointed to a civil service position; require a written description of employee performance requirements to be provided to SES employees by 30 calendar days before each rating period; make SES employees subject to the same 14-day (or less) suspension period, without duties and pay, as is applicable to other federal employees; expand the grounds for suspension or termination of an SES employee to include such cause as would promote the efficiency of the SES; allow an agency to place an SES employee on mandatory leave for misconduct, neglect of duty, malfeasance, or such cause as would promote the efficiency of the SES; provide for expedited removal of SES employees for performance or misconduct and for an expedited appeals process for removals; and require mandatory reassignments of SES employees at least once every five years. | Senior Executive Service Accountability Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prohibiting Detention of Youth
Status Offenders Act of 2014''.
SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS.
Section 223 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)(11)--
(A) in the matter preceding subparagraph (A), by
striking ``shall,'';
(B) in subparagraph (A)--
(i) in clause (i), by adding ``and'' at the
end;
(ii) in clause (ii), by striking ``and'' at
the end;
(iii) by striking clause (iii); and
(iv) in the matter following clause (iii),
by striking ``and'' at the end; and
(C) by adding at the end the following:
``(C) if a court determines that a juvenile should
be placed in a secure detention facility or secure
correctional facility for violating an order described
in subparagraph (A)(ii)--
``(i) the court shall issue a written order
that--
``(I) identifies the valid court
order that the juvenile has violated;
``(II) specifies the factual basis
for determining that there is
reasonable cause to believe that the
juvenile has violated the order;
``(III) includes findings of fact
to support a determination that there
is no appropriate less restrictive
alternative available to placing the
juvenile in a secure detention facility
or secure correctional facility, with
due consideration to the best interest
of the juvenile;
``(IV) specifies the length of
time, not to exceed 3 days, that the
juvenile may remain in a secure
detention facility or secure
correctional facility;
``(V) includes a plan for the
release of the juvenile from the secure
detention facility or secure
correctional facility; and
``(VI) may not be renewed or
extended; and
``(ii) the court may not issue a subsequent
order described in clause (i) relating to a
juvenile, unless the juvenile violates a valid
court order after the date on which the court
issues an order described in clause (i);
``(D) there are procedures in place to ensure that
a juvenile held in a secure detention facility or
secure correctional facility pursuant to a court order
described in subparagraph (C)(i) does not remain in a
secure detention facility or secure correctional
facility longer than 3 days (with the exception of
weekends and holidays) or the length of time authorized
by the court, or authorized under applicable State law,
whichever is shorter; and
``(E) a juvenile status offender held in a secure
detention facility or secure correctional facility
pursuant to a court order described in subparagraph
(C)(i) may only be held in a secure detention facility
or secure correctional facility 1 time in any 6-month
period, provided that the conditions set forth in
subparagraph (C) are satisfied.''; and
(2) by adding at the end the following:
``(g) Additional Requirement.--Not later than 1 year after the date
of enactment of this subsection, no State receiving a formula grant
under this part may use a valid court order described in subsection
(a)(11)(A)(ii) to place a juvenile status offender in a secure
detention facility or secure correctional facility. A State that can
demonstrate hardship as determined by the Administrator may submit to
the Administrator an application for a single 1-year extension to
comply with the requirement described in this subsection, which shall
describe--
``(1) the measurable progress and good faith effort in the
State to reduce the number of juvenile status offenders who are
placed in a secure detention facility or correctional facility
pursuant to a court order described in subsection
(a)(11)(A)(ii); and
``(2) a plan to comply with the requirement described in
this subsection not later than 1 year after the date the
extension is granted.''. | Prohibiting Detention of Youth Status Offenders Act of 2014 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974, with respect to the detention of a juvenile status offender (a juvenile arrested for an offense that would not be a crime if committed by an adult) who violates a valid court order, to require the court placing such juvenile in detention to issue a written order that: (1) identifies the valid court order that the juvenile has violated; (2) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; (3) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in a secure detention or correctional facility, with due consideration to the best interest of the juvenile; (4) specifies the length of time, not to exceed three days, that the juvenile may remain in such facility and includes a plan for the juvenile's release; and (5) may not be renewed or extended. Requires that procedures be put in place to ensure that a juvenile held in a secure detention or correctional facility does not remain in such facility longer than three days or the length of time authorized by the court, or authorized under state law, whichever is shorter. Prohibits the detention of a juvenile more than once in any six-month period. Prohibits, one year after the enactment of this Act, a state that receives a formula grant under the juvenile justice and delinquency prevention program from using a valid court order to place a juvenile status offender in a secure detention or correctional facility. Allows a state that demonstrates hardship to apply for a single one-year extension of time to comply with the requirement to eliminate such use of court orders. | Prohibiting Detention of Youth Status Offenders Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Insurance Market Parity and
Modernization Act''.
SEC. 2. PRIVATE FLOOD INSURANCE.
(a) Mandatory Purchase Requirement.--
(1) In general.--Section 102 of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a) is amended by striking
``Sec. 102. (a)'' and all that follows through subsection (b)
and inserting the following:
``Sec. 102. (a) After the expiration of sixty days following the
date of enactment of this Act, no Federal officer or agency shall
approve any financial assistance for acquisition or construction
purposes for use in any area that has been identified by the
Administrator as an area having special flood hazards and in which the
sale of flood insurance has been made available under the National
Flood Insurance Act of 1968, unless the building or mobile home and any
personal property to which such financial assistance relates is covered
by flood insurance: Provided, That the amount of flood insurance (1) in
the case of Federal flood insurance, is at least equal to the
development or project cost of the building, mobile home, or personal
property (less estimated land cost), the outstanding principal balance
of the loan, or the maximum limit of Federal flood insurance coverage
made available with respect to the particular type of property,
whichever is less; or (2) in the case of private flood insurance, is at
least equal to the development or project cost of the building, mobile
home, or personal property (less estimated land cost), the outstanding
principal balance of the loan, or the maximum limit of Federal flood
insurance coverage made available with respect to the particular
property, whichever is less: Provided further, That if the financial
assistance provided is in the form of a loan or an insurance or
guaranty of a loan, the amount of flood insurance required need not
exceed the outstanding principal balance of the loan and need not be
required beyond the term of the loan. The requirement of maintaining
flood insurance shall apply during the life of the property, regardless
of transfer of ownership of such property.
``(b) Requirement for Mortgage Loans.--
``(1) Regulated lending institutions.--Each Federal entity
for lending regulation (after consultation and coordination
with the Financial Institutions Examination Council established
under the Federal Financial Institutions Examination Council
Act of 1974) shall by regulation direct regulated lending
institutions not to make, increase, extend, or renew any loan
secured by improved real estate or a mobile home located or to
be located in an area that has been identified by the
Administrator as an area having special flood hazards and in
which flood insurance has been made available under the
National Flood Insurance Act of 1968, unless the building or
mobile home and any personal property securing such loan is
covered for the term of the loan by flood insurance: Provided,
That the amount of flood insurance (A) in the case of Federal
flood insurance, is at least equal to the outstanding principal
balance of the loan or the maximum limit of Federal flood
insurance coverage made available with respect to the
particular type of property, whichever is less; or (B) in the
case of private flood insurance, is at least equal to the
outstanding principal balance of the loan or the maximum limit
of Federal flood insurance coverage made available with respect
to the particular type of property, whichever is less.
``(2) Federal agency lenders.--
``(A) In general.--A Federal agency lender may not
make, increase, extend, or renew any loan secured by
improved real estate or a mobile home located or to be
located in an area that has been identified by the
Administrator as an area having special flood hazards
and in which flood insurance has been made available
under the National Flood Insurance Act of 1968, unless
the building or mobile home and any personal property
securing such loan is covered for the term of the loan
by flood insurance in accordance with paragraph (1).
Each Federal agency lender may issue any regulations
necessary to carry out this paragraph. Such regulations
shall be consistent with and substantially identical to
the regulations issued under paragraph (1).
``(B) Requirement to accept flood insurance.--Each
Federal agency lender shall accept flood insurance as
satisfaction of the flood insurance coverage
requirement under subparagraph (A) if the flood
insurance coverage meets the requirements for coverage
under that subparagraph.
``(3) Government-sponsored enterprises for housing.--The
Federal National Mortgage Association and the Federal Home Loan
Mortgage Corporation shall implement procedures reasonably
designed to ensure that, for any loan that is--
``(A) secured by improved real estate or a mobile
home located in an area that has been identified, at
the time of the origination of the loan or at any time
during the term of the loan, by the Administrator as an
area having special flood hazards and in which flood
insurance is available under the National Flood
Insurance Act of 1968, and
``(B) purchased by such entity,
the building or mobile home and any personal property securing
the loan is covered for the term of the loan by flood insurance
in the amount provided in paragraph (1). The Federal National
Mortgage Association and the Federal Home Loan Mortgage
Corporation shall accept flood insurance as satisfaction of the
flood insurance coverage requirement under paragraph (1) if the
flood insurance coverage provided meets the requirements for
coverage under that paragraph.
``(4) Applicability.--
``(A) Existing coverage.--Except as provided in
subparagraph (B), paragraph (1) shall apply on the date
of enactment of the Riegle Community Development and
Regulatory Improvement Act of 1994.
``(B) New coverage.--Paragraphs (2) and (3) shall
apply only with respect to any loan made, increased,
extended, or renewed after the expiration of the 1-year
period beginning on the date of enactment of the Riegle
Community Development and Regulatory Improvement Act of
1994. Paragraph (1) shall apply with respect to any
loan made, increased, extended, or renewed by any
lender supervised by the Farm Credit Administration
only after the expiration of the period under this
subparagraph.
``(C) Continued effect of regulations.--
Notwithstanding any other provision of this subsection,
the regulations to carry out paragraph (1), as in
effect immediately before the date of enactment of the
Riegle Community Development and Regulatory Improvement
Act of 1994, shall continue to apply until the
regulations issued to carry out paragraph (1) as
amended by section 522(a) of such Act take effect.
``(5) Rule of construction.--Except as otherwise specified,
any reference to flood insurance in this section shall be
considered to include Federal flood insurance and private flood
insurance.
``(6) Definitions.--
``(A) Flood insurance.--In this section, the term
`flood insurance' means--
``(i) Federal flood insurance; and
``(ii) private flood insurance.
``(B) Other definitions.--In this section--
``(i) the term `Federal flood insurance'
means an insurance policy made available under
the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.);
``(ii) the term `private flood insurance'
means an insurance policy that--
``(I) is issued by an insurance
company that is--
``(aa) licensed, admitted,
or otherwise approved to engage
in the business of insurance in
the State in which the insured
building is located, by the
insurance regulator of that
State; or
``(bb) eligible as a
nonadmitted insurer to provide
insurance in the home State of
the insured, in accordance with
sections 521 through 527 of the
Dodd-Frank Wall Street Reform
and Consumer Protection Act (15
U.S.C. 8201 through 8206);
``(II) is issued by an insurance
company that is not otherwise
disapproved as a surplus lines insurer
by the insurance regulator of the State
in which the property to be insured is
located; and
``(III) provides flood insurance
coverage that complies with the laws
and regulations of that State; and
``(iii) the term `State' means any State of
the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the
Northern Mariana Islands, the Virgin Islands,
and American Samoa.''.
(2) Technical and conforming amendment.--Section
1364(a)(3)(C) of the National Flood Insurance Act of 1968 (42
U.S.C. 4104a(a)(3)(C)) is amended by striking ``, as required
under section 102(b)(6) of the Flood Disaster Protection Act of
1973 (42 U.S.C. 4012a(b)(6))''.
(b) Effect of Private Flood Insurance Coverage on Continuous
Coverage Requirements.--Section 1308 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the
following:
``(n) Effect of Private Flood Insurance Coverage on Continuous
Coverage Requirements.--For purposes of applying any statutory,
regulatory, or administrative continuous coverage requirement,
including under section 1307(g)(1), the Administrator shall consider
any period during which a property was continuously covered by private
flood insurance (as defined in section 102(b)(6) of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a(b)(6))) to be a period of
continuous coverage.''. | Flood Insurance Market Parity and Modernization Act This bill amends the Flood Disaster Protection Act of 1973 to make technical amendments to requirements for flood insurance under either the federal program or private flood insurance. "Private flood insurance" shall include any policy issued by an insurance company eligible as a nonadmitted insurer to provide flood insurance in the state or jurisdiction where the property to be insured is located. The flood insurance program under the Act, including both private and federal flood insurance, shall extend to Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa. The National Flood Insurance Act of 1968 is amended to direct the Federal Emergency Management Agency to consider any period during which a property was continuously covered by private flood insurance to be a period of continuous insurance coverage. | Flood Insurance Market Parity and Modernization Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Amateur Radio Emergency
Communications Enhancement Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nearly 700,000 amateur radio operators in the United
States are licensed by the Federal Communications Commission in
the Amateur Radio Service.
(2) Amateur Radio Service operators provide, on a volunteer
basis, a valuable public service to their communities, their
States, and to the Nation, especially in the area of national
and international disaster communications.
(3) Emergency and disaster relief communications services
by volunteer Amateur Radio Service operators have consistently
and reliably been provided before, during, and after floods,
hurricanes, tornadoes, forest fires, earthquakes, blizzards,
train accidents, chemical spills and other disasters. These
communications services include services in connection with
significant incidents, such as--
(A) hurricanes Katrina, Rita, Hugo, and Andrew;
(B) the relief effort at the World Trade Center and
the Pentagon following the 2001 terrorist attacks; and
(C) the Oklahoma City bombing in April 1995.
(4) Amateur Radio Service has formal agreements for the
provision of volunteer emergency communications activities with
the Department of Homeland Security, the Federal Emergency
Management Agency, the National Weather Service, the National
Communications System, and the Association of Public Safety
Communications Officials, as well as with disaster relief
organizations, including the American National Red Cross and
the Salvation Army.
(5) Section 1 of the joint resolution entitled ``Joint
Resolution to recognize the achievements of radio amateurs, and
to establish support for such amateurs as national policy'',
approved October 22, 1994 (Public Law 103-408), included a
finding that stated: ``Reasonable accommodation should be made
for the effective operation of amateur radio from residences,
private vehicles and public areas, and the regulation at all
levels of government should facilitate and encourage amateur
radio operations as a public benefit.''.
(6) Section 1805(c) of the Homeland Security Act of 2002 (6
U.S.C. 757(c)) directs the Regional Emergency Communications
Coordinating Working Group of the Department of Homeland
Security to coordinate their activities with ham and amateur
radio operators among the 11 other categories of emergency
organizations such as ambulance services, law enforcement, and
others.
(7) Amateur Radio Service, at no cost to taxpayers,
provides a fertile ground for technical self-training in modern
telecommunications, electronic technology, and emergency
communications techniques and protocols.
(8) There is a strong Federal interest in the effective
performance of Amateur Radio Service stations, and that
performance must be given--
(A) support at all levels of government; and
(B) protection against unreasonable regulation and
impediments to the provision of the valuable
communications provided by such stations.
SEC. 3. STUDY OF ENHANCED USES OF AMATEUR RADIO IN EMERGENCY AND
DISASTER RELIEF COMMUNICATION AND FOR RELIEF OF
RESTRICTIONS.
(a) Authority.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Homeland Security shall--
(1) undertake a study on the uses and capabilities of
Amateur Radio Service communications in emergencies and
disaster relief; and
(2) submit a report on the findings of the Secretary to
Congress.
(b) Scope of the Study.--The study required by this section shall--
(1) include a review of the importance of amateur radio
emergency communications in furtherance of homeland security
missions relating to disasters, severe weather, and other
threats to lives and property in the United States, as well as
recommendations for--
(A) enhancements in the voluntary deployment of
amateur radio licensees in disaster and emergency
communications and disaster relief efforts; and
(B) improved integration of amateur radio operators
in planning and furtherance of the Department of
Homeland Security initiatives; and
(2)(A) identify impediments to enhanced Amateur Radio
Service communications, such as the effects of unreasonable or
unnecessary private land use regulations on residential antenna
installations; and
(B) make recommendations regarding such impediments for
consideration by other Federal departments, agencies, and
Congress.
(c) Use of Expertise and Information.--In conducting the study
required by this section, the Secretary of Homeland Security shall
utilize the expertise of stakeholder entities and organizations,
including the amateur radio, emergency response, and disaster
communications communities.
SEC. 4. REPORT ON DUPLICATION OF GRANT PROGRAMS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Homeland Security shall submit to Congress a report on the grant
programs administered by the Administrator of the Federal Emergency
Management Agency.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) Whether and to what degree the grant programs described
in subsection (a) provide duplicative or overlapping
assistance.
(2) The cost of each grant program described in subsection
(a).
(3) The recommendations of the Inspector General for
consolidation and elimination of grant programs described in
subsection (a) to reduce duplication of assistance. | Amateur Radio Emergency Communications Enhancement Act of 2011 - Directs the Secretary of Homeland Security (DHS): (1) to study and report to Congress on the uses and capabilities of Amateur Radio Service communications in emergencies and disaster relief; and (2) in conducting the study, to utilize the expertise of stakeholder entities and organizations, including the amateur radio, emergency response, and disaster communications communities.
Directs the DHS Inspector General to report on Federal Emergency Management Agency (FEMA) grant programs, including: (1) to what degree the programs provide duplicative or overlapping assistance, (2) the cost of each program, and (3) recommendations for consolidation and elimination of programs to reduce duplication. | A bill to direct the Department of Homeland Security to undertake a study on emergency communications. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lumbee Recognition Act''.
SEC. 2. PREAMBLE.
The preamble to the Act of June 7, 1956 (70 Stat. 254), is
amended--
(1) by striking out ``and'' at the end of each of the first
three clauses;
(2) by striking out ``: Now therefore,'' at the end of the
last clause and inserting in lieu thereof a semicolon; and
(3) by adding at the end thereof the following new clauses:
``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina
are descendants of coastal North Carolina Indian tribes, principally
Cheraw, and have remained a distinct Indian community since the time of
contact with white settlers;
``Whereas the Lumbee Indians have been recognized by the State of North Carolina
as an Indian tribe since 1885;
``Whereas the Lumbee Indians have sought Federal recognition as an Indian tribe
since 1888; and
``Whereas the Lumbee Indians are entitled to Federal recognition of their status
as an Indian tribe and the benefits, privileges, and immunities that
accompany such status: Now, therefore,''.
SEC. 3. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254), is amended--
(1) by striking out the last sentence of the first section;
and
(2) by striking out section 2 and inserting in lieu thereof
the following:
``federal recognition; acknowledgment
``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee
Tribe of Cheraw Indians of North Carolina. All laws and regulations of
the United States of general application to Indians and Indian tribes
shall apply to the Lumbee Tribe of Cheraw Indians of North Carolina and
its members.
``(b) Notwithstanding the first section of this Act, any group of
Indians in Robeson or adjoining counties whose members are not enrolled
in the Lumbee Tribe of Cheraw Indians of North Carolina, as determined
under section 4(b), may petition under part 83 of title 25 of the Code
of Federal Regulations for acknowledgment of tribal existence.
``services
``Sec. 3. (a) The Lumbee Tribe of Cheraw Indians of North Carolina
and its members shall be eligible for all services and benefits
provided to Indians because of their status as federally recognized
Indians, except that members of the tribe shall not be entitled to such
services until the appropriation of funds for these purposes. For the
purposes of the delivery of such services, those members of the tribe
residing in Robeson and adjoining counties, North Carolina, shall be
deemed to be resident on or near an Indian reservation.
``(b) Upon verification of a tribal roll under section 4 by the
Secretary of the Interior, the Secretary of the Interior and the
Secretary of Health and Human Services shall develop, in consultation
with the Lumbee Tribe of Cheraw Indians of North Carolina, a
determination of needs and a budget required to provide services to
which the members of the tribe are eligible. The Secretary of the
Interior and the Secretary of Health and Human Services shall each
submit a written statement of such needs and budget with the first
budget request submitted to the Congress after the fiscal year in which
the tribal roll is verified.
``(c)(1) The Lumbee Tribe of Cheraw Indians of North Carolina is
authorized to plan, conduct, consolidate, and administer programs,
services, and functions authorized under the Act of April 16, 1934 (48
Stat. 596; 25 U.S.C. 452, et seq.), and the Act of November 2, 1921 (42
Stat. 208; 25 U.S.C. 13), popularly known as the Snyder Act, pursuant
to an annual written funding agreement among the Lumbee Tribe of Cheraw
Indians of North Carolina, the Secretary of the Interior, and the
Secretary of Health and Human Services, which shall specify--
``(A) the services to be provided, the functions to be
performed, and the procedures to be used to reallocate funds or
modify budget allocations, within any fiscal year; and
``(B) the responsibility of the Secretary of the Interior
for, and the procedure to be used in, auditing the expenditures
of the tribe.
``(2) The authority provided under this subsection shall be in lieu
of the authority provided under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450, et seq.).
``(3) Nothing in this subsection shall be construed as affecting,
modifying, diminishing, or otherwise impairing the sovereign immunity
from lawsuit enjoyed by the Lumbee Tribe of Cheraw Indians of North
Carolina or authorizing or requiring the termination of any trust
responsibility of the United States with respect to the tribe.
``constitution and membership
``Sec. 4. (a) The Lumbee Tribe of Cheraw Indians of North Carolina
shall organize for its common welfare and adopt a constitution and
bylaws. Any constitution, bylaws, or amendments to the constitution or
bylaws that are adopted by the tribe must be consistent with the terms
of this Act and shall take effect only after such documents are filed
with the Secretary of the Interior. The Secretary shall assist the
tribe in the drafting of a constitution and bylaws, the conduct of an
election with respect to such constitution, and the reorganization of
the government of the tribe under any such constitution and bylaws.
``(b)(1) Until the Lumbee Tribe of Cheraw Indians of North Carolina
adopts a constitution and except as provided in paragraph (2), the
membership of the tribe shall, subject to review by the Secretary,
consist of every individual who is named in the tribal membership roll
that is in effect on the date of enactment of this Act.
``(2)(A) Before adopting a constitution, the roll of the tribe
shall be open for a 180-day period to allow the enrollment of any
individual previously enrolled in another Indian group or tribe in
Robeson or adjoining counties, North Carolina, who demonstrates that--
``(i) the individual is eligible for enrollment in the
Lumbee Tribe of Cheraw Indians; and
``(ii) the individual has abandoned membership in any other
Indian group or tribe.
``(B) The Lumbee Tribe of Cheraw Indians of North Carolina shall
advertise in newspapers of general distribution in Robeson and
adjoining counties, North Carolina, the opening of the tribal roll for
the purposes of subparagraph (A). The advertisement shall specify the
enrollment criteria and the deadline for enrollment.
``(3) The review of the tribal roll of the Lumbee Tribe of Cheraw
Indians of North Carolina shall be limited to verification of
compliance with the membership criteria of the tribe as stated in the
Lumbee Petition for Federal Acknowledgment filed with the Secretary by
the tribe on December 17, 1987. The Secretary shall complete his review
and verification of the tribal roll within the 12-month period
beginning on the date on which the tribal roll is closed under
paragraph (2).
``jurisdiction
``Sec. 5. (a)(1) The State of North Carolina shall exercise
jurisdiction over--
``(A) all criminal offenses that are committed on, and
``(B) all civil actions that arise on,
lands located within the State of North Carolina that are owned by, or
held in trust by the United States for, the Lumbee Tribe of Cheraw
Indians of North Carolina, any member of the Lumbee Tribe of Cheraw
Indians of North Carolina, or any dependent Indian community of the
Lumbee Tribe of Cheraw Indians of North Carolina.
``(2) The Secretary of the Interior is authorized to accept on
behalf of the United States, after consulting with the Attorney General
of the United States, any transfer by the State of North Carolina to
the United States of any portion of the jurisdiction of the State of
North Carolina described in paragraph (1) pursuant to an agreement
between the Lumbee Tribe of Cheraw Indians and the State of North
Carolina. Such transfer of jurisdiction may not take effect until two
years after the effective date of such agreement.
``(3) The provisions of this subsection shall not affect the
application of section 109 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1919).
``(b) Section 5 of the Act of June 18, 1934 (Chapter 576; 25 U.S.C.
465), and the Act of April 11, 1970 (84 Stat. 120; 25 U.S.C. 488 et
seq.), shall apply to the Lumbee Tribe of Cheraw Indians of North
Carolina with respect to lands within the exterior boundaries of
Robeson and adjoining counties, North Carolina.
``authorization of appropriations
``Sec. 6. (a) There are authorized to be appropriated such funds as
may be necessary to carry out this Act.
``(b) In the first fiscal year in which funds are appropriated
under this Act, the tribe's proposals for expenditures of such funds
shall be submitted to the Select Committee on Indian Affairs of the
Senate and the Committee on Natural Resources of the House of
Representatives 60 calendar days prior to any expenditure of such funds
by the tribe.''.
Passed the House of Representatives October 28, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of Cheraw Indians of North Carolina. | Lumbee Recognition Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Skills and Training Promotion Act''.
SEC. 2. AGREEMENTS WITH STATES HAVING QUALIFIED WORKER TRAINING
PROGRAMS.
(a) In General.--Any State, the State unemployment compensation law
of which is approved by the Secretary of Labor (hereinafter in this Act
referred to as the ``Secretary'') under section 3304 of the Internal
Revenue Code of 1986, which desires to do so, may enter into and
participate in an agreement with the Secretary under this Act, if such
State law contains (as of the date such agreement is entered into) a
requirement that special unemployment assistance be payable to
individuals participating in a qualified worker training program, as
described in subsection (b). Any State which is a party to an agreement
under this Act may, upon providing 30 days' written notice to the
Secretary, terminate such agreement.
(b) Qualified Worker Training Program.--For purposes of this Act,
the term ``qualified worker training program'' means a program--
(1) under which individuals who meet the requirements
described in paragraph (3) are eligible to receive special
unemployment assistance while participating in the program;
(2) under which the assistance described in paragraph (1)
is payable in the same amount, at the same interval, on the
same terms, and subject to the same conditions, as regular
compensation under the State law, except that--
(A) State requirements relating to availability for
work, active search for work, and refusal to accept
work are not applicable to such individuals;
(B) assistance shall not be payable after the end
of the 12-month period following the last day of the
individual's benefit year; and
(C) such individuals are considered to be
unemployed for the purposes of Federal and State laws
applicable to unemployment compensation,
as long as such individuals meet the requirements applicable
under this subsection;
(3) under which individuals may receive the assistance
described in paragraph (1) if such individuals--
(A)(i)(I) have exhausted all rights to regular
compensation under the State law;
(II) have exhausted all rights to extended
compensation, or are not entitled thereto, because of
the ending of their eligibility for extended
compensation, in such State;
(ii) have no rights to compensation (including both
regular compensation and extended compensation) with
respect to a week under such law or any other State
unemployment compensation law or to compensation under
any other Federal law;
(iii) are not receiving compensation with respect
to such week under the unemployment compensation law of
Canada or any other foreign country;
(B)(i) were terminated as a result of any permanent
closure of a plant or facility; or
(ii) are identified pursuant to a State worker
profiling system as individuals who--
(I) are long-term unemployed and have
limited opportunities for employment or
reemployment in the same or a similar
occupation in the area in which they reside;
(II) are otherwise unlikely to return to
their previous industry or occupation; or
(III) satisfy such other criteria as may be
established in or under the agreement for
purposes of this subclause; and
(C) are actively participating in training
activities approved by the State agency preparing them
for suitable reemployment; and
(4) which meets such other requirements as the Secretary
determines to be appropriate.
SEC. 3. PAYMENTS TO STATES HAVING AGREEMENTS.
(a) In General.--There shall be paid to each State which has
entered into an agreement under this Act an amount equal to the
applicable percentage of the covered costs of the qualified worker
training program of such State.
(b) Definitions.--For purposes of this section--
(1) Applicable percentage.--The term ``applicable
percentage'', with respect to a State which has entered into an
agreement under this Act, means--
(A) during each of the first 3 calendar years
beginning on the date on which such agreement is
entered into, 100 percent; and
(B) during each calendar year thereafter, 50
percent.
(2) Covered costs.--The term ``covered costs'', with
respect to a qualified worker training program, means--
(A) the amount of special unemployment assistance
(as described in section 3(b)(1)) paid under such
program; and
(B) such amount as the Secretary determines to be
necessary for the proper and efficient administration
of such program.
(c) Method of Payment.--Sums payable to any State by reason of such
State's having an agreement under this Act shall be payable, either in
advance or by way of reimbursement (as determined by the Secretary), in
such amounts as the Secretary estimates the State will be entitled to
receive under this Act for each calendar month, reduced or increased,
as the case may be, by any amount by which the Secretary finds that the
Secretary's estimates for any prior calendar month were greater or less
than the amounts which should have been paid to the State. Such
estimates may be made on the basis of such statistical, sampling, or
other method as may be agreed upon by the Secretary and the State
agency of the State involved.
SEC. 4. FINANCING PROVISIONS.
(a) In General.--Payments to States under section 3 shall be made
in accordance with this section.
(b) Certifications.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
payable to such State under this Act. The Secretary of the Treasury,
prior to audit or settlement by the General Accounting Office, shall
make payments to the State in accordance with such certification, by
transfers from general funds in the Treasury to--
(1) the account of such State in the Unemployment Trust
Fund, to the extent that such payment is allocable to costs
described in section 3(b)(2)(A); and
(2) such fund or other repository as may be agreed upon by
the Secretary and the State agency of the State involved, to
the extent that such payment is allocable to costs described in
section 3(b)(2)(B).
SEC. 5. DEFINITIONS.
For purposes of this Act, the terms ``State'', ``State law'',
``State agency'', ``regular compensation'', ``extended compensation'',
``benefit year'', and ``week'' shall have the respective meanings
assigned to them under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970.
SEC. 6. REPORTS BY THE SECRETARY OF LABOR.
The Secretary shall prepare and transmit to the Congress on an
annual basis a written report on the operation of this Act, including--
(1) an assessment of this Act's effectiveness within those
States having an agreement in effect under this Act during the
period covered by the report;
(2) the name of any State whose request to enter into an
agreement under this Act was disapproved during the period
covered by the report, including the reasons for each such
decision; and
(3) such other information as the Secretary considers
appropriate. | Skills and Training Promotion Act - Authorizes Federal payments to States for certain portions of a State's special unemployment assistance for individuals participating in qualified worker training programs.Provides for payment agreements between the Secretary of Labor and States that: (1) have a State unemployment compensation law approved by the Secretary; and (2) are required by State law to pay such special assistance to such trainees. | To provide for the payment or reimbursement by the Federal Government of special unemployment assistance paid by States to individuals participating in qualified worker training programs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Girls Count Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the United States Census Bureau's 2013
international figures, 1 person in 12--or close to 900,000,000
people--is a girl or young woman age 10 through 24.
(2) The data also asserts that young people are the fastest
growing segment of the population in developing countries.
(3) Even though most countries do have birth registration
laws, nearly one-third of all children under the age of 5
worldwide have never had their births registered. Moreover, an
estimated 45 percent of children under the age of 5 worldwide
(about 290 million children) do not possess a birth
certificate.
(4) A nationally recognized proof of birth is the key to
determining a child's citizenship, nationality, place of birth,
parentage and age, without which a passport, drivers license,
or national identification card are impossible to obtain. Those
who lack such documentation are often prevented from officially
participating in and benefitting from the formal economic,
legal, and political sectors in their countries.
(5) The lack of birth registration among girls worldwide is
particularly concerning as it exacerbates their
disproportionate vulnerability to trafficking, child marriage,
and lack of access to health and education services.
(6) A lack of birth registration among women and girls can
also aggravate what in many places amounts to an already
reduced ability to seek employment, participate in civil
society or purchase or inherit land and other assets.
(7) Girls undertake much of the domestic labor needed for
poor families to survive: carrying water, harvesting crops,
tending livestock, caring for younger children, and doing
chores.
(8) Accurate assessments of access to education, poverty
levels, and overall census activities are hampered by the lack
of official information on women and girls. Without this
rudimentary information, assessments of foreign assistance and
domestic social welfare programs cannot be accurately gauged.
(9) To ensure that women and girls are fully integrated
into United States foreign assistance policies and programs,
that the specific needs of girls are, to the maximum extent
possible, addressed in the design, implementation, and
evaluation of development assistance programs, and that women
and girls have the power to affect the decisions that affect
their lives, all girls should be counted and have access to
birth certificates and other official documentation.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) encourage countries to uphold the Universal Declaration
of Human Rights and enact laws that ensure girls and boys of
all ages are full participants in society, including requiring
birth certifications and some type of national identity card to
ensure that all citizens, including girls, are counted;
(2) enhance training and capacity-building to developing
countries, local nongovernmental organizations, and other civil
society organizations to effectively address the needs of birth
registries in countries where girls are undercounted;
(3) include organizations representing children and
families in the design, implementation, and monitoring of
programs under this Act; and
(4) mainstream into the design, implementation, and
evaluation of policies and programs at all levels an
understanding of the distinctive impact that such policies and
programs may have on girls.
SEC. 4. UNITED STATES ASSISTANCE TO SUPPORT COUNTING OF GIRLS IN THE
DEVELOPING WORLD.
(a) Authorization.--The Secretary and the Administrator are
authorized to--
(1) support programs that will contribute to improved and
sustainable Civil Registration and Vital Statistics Systems
(CRVS) with a focus on birth registration as the first and most
important life event to be registered;
(2) promote programs that build the capacity of developing
countries' national and local legal and policy frameworks to
prevent discrimination against girls;
(3) support programs to help increase property rights,
social security, and home ownership, land tenure security, and
inheritance rights for women; and
(4) assist key ministries in the governments of developing
countries, including health, interior, youth, and education
ministries, to ensure that girls from poor households obtain
equitable access to social programs.
(b) Coordination With Multilateral Organizations.--The Secretary
shall coordinate with the World Bank, relevant United Nations agencies
and programs, and other relevant organizations to urge and work with
countries to enact, implement, and enforce laws that specifically
collect data on girls and establish registration and identification
laws to ensure girls are active participants in the social, economic,
legal and political sectors of society in their countries.
(c) Coordination With Private Sector and Civil Society
Organizations.--The Secretary and the Administrator should work with
United States, international, and local private sector and civil
society organizations to advocate for the registration and
documentation of all girls and boys in developing countries to prevent
exploitation, violence, and other abuses.
SEC. 5. REPORT.
The Secretary and the Administrator shall include in relevant
evaluations and reports to Congress the following information:
(1) To the extent practicable, United States foreign
assistance and development assistance beneficiaries by age,
gender, marital status, location, and school enrollment status.
(2) A description of how United States foreign assistance
and development assistance benefits girls.
(3) Specific information on programs that address the
particular needs of girls.
SEC. 6. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Foreign assistance.--The term ``foreign assistance''
has the meaning given the term in section 634(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394(b)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 7. SUNSET.
This Act shall expire on the date that is 5 years after the date of
the enactment of this Act.
Passed the House of Representatives November 19, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Girls Count Act of 2014 - Authorizes the Secretary of State and the Administrator of the U.S. Agency for International Development (USAID) to: support programs that will contribute to improved civil registration and vital statistics systems with a focus on birth registration; promote programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls, and help increase property rights, social security, land tenure, and inheritance rights for women; and assist government ministries of developing countries to ensure that poor girls obtain equitable access to social programs. Directs the Secretary to coordinate with multilateral organizations to work with countries to enact laws that collect data on girls and establish registration and identification laws to ensure that girls participate in the social, economic, legal and political sectors of their countries. Urges the Secretary and the Administrator to work with U.S., international, and local private sector and civil society organizations to advocate for the registration and documentation of all girls and boys in developing countries to prevent exploitation, violence, and other abuses. Directs the Secretary and the Administrator to include in reports to Congress information regarding: (1) U.S. foreign and development assistance beneficiaries by age, gender, marital status, location, and school enrollment status; and (2) how U.S. foreign and development assistance benefits girls. Sunsets this Act five years after its enactment. | Girls Count Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Children's Safety
Act''.
SEC. 2. CRIMINAL RECORDS CHECKS.
Section 408 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3207) is amended by adding at the end the
following:
``(d) By Tribal Social Services Agency for Foster Care Placements
in Tribal Court Proceedings.--
``(1) Definitions.--In this subsection:
``(A) Covered individual.--The term `covered individual'
includes--
``(i) any individual 18 years of age or older; and
``(ii) any individual who the tribal social services
agency determines is subject to a criminal records check
under paragraph (2)(A).
``(B) Foster care placement.--The term `foster care
placement' means any action removing an Indian child from a
parent or Indian custodian for temporary placement in a foster
home or institution or the home of a guardian or conservator
if--
``(i) the parent or Indian custodian cannot have the
child returned on demand; and
``(ii)(I) parental rights have not been terminated; or
``(II) parental rights have been terminated but the
child has not been permanently placed.
``(C) Indian custodian.--The term `Indian custodian' means
any Indian--
``(i) who has legal custody of an Indian child under
tribal law or custom or under State law; or
``(ii) to whom temporary physical care, custody, and
control has been transferred by the parent of the child.
``(D) Parent.--The term `parent' means--
``(i) any biological parent of an Indian child; or
``(ii) any Indian who has lawfully adopted an Indian
child, including adoptions under tribal law or custom.
``(E) Tribal court.--The term `tribal court' means a
court--
``(i) with jurisdiction over foster care placements;
and
``(ii) that is--
``(I) a Court of Indian Offenses;
``(II) a court established and operated under the
code or custom of an Indian tribe; or
``(III) any other administrative body of an Indian
tribe that is vested with authority over foster care
placements.
``(F) Tribal social services agency.--The term `tribal
social services agency' means the agency of an Indian tribe
that has the primary responsibility for carrying out foster
care licensing or approval (as of the date on which the
proceeding described in paragraph (2)(A) commences) for the
Indian tribe.
``(2) Criminal records check before foster care placement.--
``(A) In general.--Except as provided in paragraph (3), no
foster care placement shall be finally approved and no foster
care license shall be issued until the tribal social services
agency--
``(i) completes a criminal records check of each
covered individual who resides in the household or is
employed at the institution in which the foster care
placement will be made; and
``(ii) concludes that each covered individual described
in clause (i) meets such standards as the Indian tribe
shall establish in accordance with subparagraph (B).
``(B) Standards of placement.--The standards described in
subparagraph (A)(ii) shall include--
``(i) requirements that each tribal social services
agency described in subparagraph (A)--
``(I) perform criminal records checks, including
fingerprint-based checks of national crime information
databases (as defined in section 534(f)(3) of title 28,
United States Code);
``(II) check any abuse registries maintained by the
Indian tribe; and
``(III) check any child abuse and neglect registry
maintained by the State in which the covered individual
resides for information on the covered individual, and
request any other State in which the covered individual
resided in the preceding 5 years, to enable the tribal
social services agency to check any child abuse and
neglect registry maintained by that State for such
information; and
``(ii) any other additional requirement that the Indian
tribe determines is necessary and permissible within the
existing authority of the Indian tribe, such as the
creation of voluntary agreements with State entities in
order to facilitate the sharing of information related to
the performance of criminal records checks.
``(C) Results.--Except as provided in paragraph (3), no
foster care placement shall be ordered in any proceeding
described in subparagraph (A) if an investigation described in
clause (i) of that subparagraph reveals that a covered
individual described in that clause has been found by a
Federal, State, or tribal court to have committed any crime
listed in clause (i) or (ii) of section 471(a)(20)(A) of the
Social Security Act (42 U.S.C. 671(a)(20)(A)).
``(3) Emergency placement.--Paragraph (2) shall not apply to an
emergency foster care placement, as determined by a tribal social
services agency.
``(4) Recertification of foster homes or institutions.--
``(A) In general.--Not later than 2 years after the date of
enactment of this subsection, each Indian tribe shall establish
procedures to recertify homes or institutions in which foster
care placements are made.
``(B) Contents.--The procedures described in subparagraph
(A) shall include, at a minimum, periodic intervals at which
the home or institution shall be subject to recertification to
ensure--
``(i) the safety of the home or institution for the
Indian child; and
``(ii) that each covered individual who resides in the
home or is employed at the institution is subject to a
criminal records check in accordance with this subsection,
including any covered individual who--
``(I) resides in the home or is employed at the
institution on the date on which the procedures
established under subparagraph (A) commences; and
``(II) did not reside in the home or was not
employed at the institution on the date on which the
investigation described in paragraph (2)(A)(i) was
completed.
``(C) Guidance issued by the secretary.--The procedures
established under subparagraph (A) shall be subject to any
regulation or guidance issued by the Secretary that is in
accordance with the purpose of this subsection.
``(5) Guidance.--Not later than 2 years after the date of
enactment of this subsection and after consultation with Indian
tribes, the Secretary shall issue guidance regarding--
``(A) procedures for a criminal records check of any
covered individual who--
``(i) resides in the home or is employed at the
institution in which the foster care placement is made
after the date on which the investigation described in
paragraph (2)(A)(i) is completed; and
``(ii) was not the subject of an investigation
described in paragraph (2)(A)(i) before the foster care
placement was made;
``(B) self-reporting requirements for foster care homes or
institutions in which any covered individual described in
subparagraph (A) resides if the head of the household or the
operator of the institution has knowledge that the covered
individual--
``(i) has been found by a Federal, State, or tribal
court to have committed any crime listed in clause (i) or
(ii) of section 471(a)(20)(A) of the Social Security Act
(42 U.S.C. 671(a)(20)(A)); or
``(ii) is listed on a registry described in clause (II)
or (III) of paragraph (2)(B)(i);
``(C) promising practices used by Indian tribes to address
emergency foster care placement procedures under paragraph (3);
and
``(D) procedures for certifying compliance with this
Act.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . The expanded summary of the Senate reported version is repeated here.) Native American Children's Safety Act Amends the Indian Child Protection and Family Violence Prevention Act to prohibit the final approval of any foster care placement or a foster care license from being issued until the tribal social services agency: (1) completes a criminal records check of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made, and (2) concludes that each of those individuals meets the tribe's standards established pursuant to this Act. Defines a "covered individual" as an adult and any other individual the tribe determines is subject to a criminal records check. Requires the Tribe's standards to include requirements that each tribal social services agency: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any abuse registries maintained by the Indian tribe; (3) check any child abuse and neglect registry maintained by the state, and any tribal abuse registries maintained in the state, in which the individual resides; (4) request any other state in which the individual resided during the preceding five years to enable the agency to check its registry; and (5) any other additional requirements that the Indian tribe determines is necessary and permissible within its existing authority, such as the creation of voluntary agreements with state entities in order to facilitate the sharing of information related to the performance of criminal records checks. Prohibits a foster care placement from being ordered if the investigation reveals that a covered individual has been found guilty by a federal, state, or tribal court of a felony involving child abuse or neglect, spousal abuse, a crime against a child, violence, or drugs. Exempts emergency foster care placements from such requirements. Requires Indian tribes to establish procedures to recertify homes or institutions in which foster care placements are made. Directs the Department of the Interior to issue guidance regarding: (1) procedures for a criminal records check of any covered individual who resides in the home or is employed at the institution in which the child is placed after the investigations that preceded that placement occurred, (2) self-reporting requirements for foster care homes or institutions that have knowledge that a covered individual residing on their premises would fail a criminal records check, (3) promising practices used by Indian tribes to address emergency foster care placements, and (4) procedures for certifying compliance with the Indian Child Protection and Family Violence Prevention Act. | Native American Children's Safety Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Landmine Elimination Act of 1997''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On August 4, 1995, the Senate voted 67-27 to impose a
moratorium on United States use of anti-personnel landmines
beginning in February 1999;
(2) On April 3, 1996, 15 senior retired United States
military officers, including the former commanding officers of
United States Armed Forces in Korea, the North Atlantic Treaty
Organization (NATO), Vietnam, and Desert Storm, urged the
President to ban the production, stockpiling, sale, and use of
anti-personnel landmines;
(3) The generals stated that a ban would be ``humane and
militarily responsible'' and that it ``would not undermine the
military effectiveness or safety of our forces, nor those of
other nations'';
(4) In Vietnam, 7,318 United States military personnel were
killed, and 56,783 were injured, from landmines;
(5) In Bosnia, at least 204 soldiers under United Nations
command have been injured, and 20 killed, and at least 55
soldiers under NATO command have been injured, and 9 killed, by
landmines;
(6) The Department of State estimates that a man, woman, or
child is killed or injured by a landmine every 22 minutes;
(7) On May 16, 1996, President Clinton declared that the
United States would ``aggressively pursue'' an international
agreement to ban anti-personnel landmines;
(8) On June 7, 1996, the members of the Organization of
American States, including the United States, declared the goal
of a Western Hemisphere landmine free zone;
(9) On June 4, 1997, the members of the Organization of
African Unity adopted the goal of the establishment of Africa
as an anti-personnel landmine free zone;
(10) On October 5, 1996, the Government of Canada announced
that it would pursue negotiations on a treaty banning anti-
personnel landmines to be completed at Ottawa in December 1997;
(11) On December 10, 1996, the United Nations General
Assembly passed by a vote of 156-0 (with 10 abstentions), a
United States-sponsored resolution to ``pursue vigorously'' a
treaty banning the use, stockpiling, production, and transfer
of anti-personnel landmines, with a view to completing the
negotiation ``as soon as possible'';
(12) Formal negotiations on the Ottawa treaty are to begin
in Oslo, Norway in September 1997;
(13) By exerting its unmatched international influence, the
United States could secure broad support for a legally binding
international treaty banning anti-personnel landmines;
(14) Such a treaty would further United States security and
humanitarian interests by deterring the use of anti-personnel
landmines against United States Armed Forces and civilians.
SEC. 3. RESTRICTION ON NEW DEPLOYMENTS OF ANTI-PERSONNEL LANDMINES.
(a) Restriction.--Beginning on January 1, 2000, no funds
appropriated or otherwise available to any department or agency of the
United States may be obligated or expended for new deployments of anti-
personnel landmines.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Defense shall submit to Congress a report
describing actions and proposals to substitute for new deployments of
such landmines on the Korean Peninsula.
(c) Consultations.--The Secretary shall consult with individuals
having a variety of backgrounds and expertise in preparing the report
required under subsection (b).
(d) Delay.--The President may delay application of the restriction
in subsection (a) with respect to the Korean Peninsula if, not later
than January 1, 2000 and each year thereafter, he submits a report to
Congress certifying that new deployments of anti-personnel landmines on
the Korean Peninsula in the event of a war in Korea or a period of
emergency in Korea declared by the President would be indispensable to
the defense of the Republic of Korea in such year.
(e) Certification Requirements.--The report under subsection (d)
shall include a description of efforts made to implement the proposals
described in the report submitted under subsection (b) and any similar
proposals prepared subsequently by the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff.
SEC. 4. DEFINITIONS.
(a) Definitions.--In this Act--
(1) The term ``anti-personnel landmine'' means 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, constructed,
or adapted to be detonated or exploded by the presence,
proximity, or contact of a person and that will incapacitate,
injure, or kill one or more persons.
(2) The term ``new deployments of anti-personnel
landmines'' means the emplacement or arming of such landmines
on or after January 1, 2000.
(b) Exclusions.--The term ``anti-personnel landmine'' does not
include command-detonated Claymore munitions. | Landmine Elimination Act of 1997 - Prohibits, beginning on January 1, 2000, funds appropriated or otherwise available to any Federal department or agency from being obligated or expended for new deployments of anti-personnel landmines.
Requires the Secretary of Defense to report to the Congress on actions and proposals to substitute for new deployments of such landmines on the Korean Peninsula.
Allows the President to delay application of the prohibition with respect to the Peninsula if, not later than January 1, 2000, and each year thereafter, the President certifies the Congress that new deployments of anti-personnel landmines on the Peninsula in the event of a Korean war or a period of emergency in Korea declared by the President would be indispensable to the defense of the Republic of Korea in such year. | Landmine Elimination Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lawsuit Abuse Reduction Act of
2004''.
SEC. 2. ATTORNEY ACCOUNTABILITY.
Rule 11 of the Federal Rules of Civil Procedure is amended--
(1) in subdivision (c)--
(A) by amending the first sentence to read as
follows: ``If a pleading, motion, or other paper is
signed in violation of this rule, the court, upon
motion or upon its own initiative, shall impose upon
the attorney, law firm, or parties that have violated
this subdivision or are responsible for the violation,
an appropriate sanction, which may include an order to
the other party or parties to pay for the reasonable
expenses incurred as a direct result of the filing of
the pleading, motion, or other paper, that is the
subject of the violation, including a reasonable
attorney's fee.'';
(B) in paragraph (1)(A)--
(i) by striking ``Rule 5'' and all that
follows through ``corrected.'' and inserting
``Rule 5.''; and
(ii) by striking ``the court may award''
and inserting ``the court shall award''; and
(C) in paragraph (2), by striking ``shall be
limited to what is sufficient'' and all that follows
through the end of the paragraph (including
subparagraphs (A) and (B)) and inserting ``shall be
sufficient to deter repetition of such conduct or
comparable conduct by others similarly situated, and to
compensate the parties that were injured by such
conduct. The sanction may consist of an order to pay to
the party or parties the amount of the reasonable
expenses incurred as a direct result of the filing of
the pleading, motion, or other paper that is the
subject of the violation, including a reasonable
attorney's fee.''; and
(2) by striking subdivision (d).
SEC. 3. APPLICABILITY OF RULE 11 TO STATE CASES AFFECTING INTERSTATE
COMMERCE.
In any civil action in State court, the court, upon motion, shall
determine within 30 days after the filing of such motion whether the
action affects interstate commerce. Such court shall make such
determination based on an assessment of the costs to the interstate
economy, including the loss of jobs, were the relief requested granted.
If the court determines such action affects interstate commerce, the
provisions of Rule 11 of the Federal Rules of Civil Procedure shall
apply to such action.
SEC. 4. PREVENTION OF FORUM-SHOPPING.
(a) In General.--Subject to subsection (b), a personal injury claim
filed in State or Federal court may be filed only in the State and,
within that State, in the county (or Federal district) in which--
(1) the person bringing the claim, including an estate in
the case of a decedent and a parent or guardian in the case of
a minor or incompetent--
(A) resides at the time of filing; or
(B) resided at the time of the alleged injury; or
(2) the alleged injury or circumstances giving rise to the
personal injury claim allegedly occurred; or
(3) the defendant's principal place of business is located.
(b) Determination of Most Appropriate Forum.--If a person alleges
that the injury or circumstances giving rise to the personal injury
claim occurred in more than one county (or Federal district), the trial
court shall determine which State and county (or Federal district) is
the most appropriate forum for the claim. If the court determines that
another forum would be the most appropriate forum for a claim, the
court shall dismiss the claim. Any otherwise applicable statute of
limitations shall be tolled beginning on the date the claim was filed
and ending on the date the claim is dismissed under this subsection.
(c) Definitions.--In this section:
(1) The term ``personal injury claim''--
(A) means a civil action brought under State law by
any person to recover for a person's personal injury,
illness, disease, death, mental or emotional injury,
risk of disease, or other injury, or the costs of
medical monitoring or surveillance (to the extent such
claims are recognized under State law), including any
derivative action brought on behalf of any person on
whose injury or risk of injury the action is based by
any representative party, including a spouse, parent,
child, or other relative of such person, a guardian, or
an estate; and
(B) does not include a claim brought as a class
action.
(2) The term ``person'' means any individual, corporation,
company, association, firm, partnership, society, joint stock
company, or any other entity, but not any governmental entity.
(3) The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, and any other territory or possession of the
United States.
(d) Applicability.--This section applies to any personal injury
claim filed in Federal or State court on or after the date of the
enactment of this Act.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in section 3 or in the amendments made by section 2 shall
be construed to bar or impede the assertion or development of new
claims or remedies under Federal, State, or local civil rights law.
SEC. 6. THREE-STRIKES RULE FOR SUSPENDING ATTORNEYS WHO COMMIT MULTIPLE
RULE 11 VIOLATIONS.
(a) Mandatory Suspension.--Whenever a Federal district court
determines that an attorney has violated Rule 11 of the Federal Rules
of Civil Procedure, the court shall determine the number of times that
the attorney has violated that rule in that Federal district court
during that attorney's career. If the court determines that the number
is 3 or more, the Federal district court--
(1) shall suspend that attorney from the practice of law in
that Federal district court for 1 year; and
(2) may suspend that attorney from the practice of law in
that Federal district court for any additional period that the
court considers appropriate.
(b) Appeal; Stay.--An attorney has the right to appeal a suspension
under subsection (a). While such an appeal is pending, the suspension
shall be stayed.
(c) Reinstatement.--To be reinstated to the practice of law in a
Federal district court after completion of a suspension under
subsection (a), the attorney must first petition the court for
reinstatement under such procedures and conditions as the court may
prescribe.
SEC. 7. ENHANCED SANCTIONS FOR DOCUMENT DESTRUCTION.
(a) In General.--Whoever willfully and intentionally influences,
obstructs, or impedes, or attempts to influence, obstruct, or impede, a
pending court proceeding through the willful and intentional
destruction of documents sought in, and highly relevant to, that
proceeding shall be punished with mandatory civil sanctions of a degree
commensurate with the civil sanctions available under Rule 37 of the
Federal Rules of Civil Procedure, in addition to any other civil
sanctions that otherwise apply.
(b) Applicability.--This section applies to any court proceeding in
any Federal or State court.
Passed the House of Representatives September 14, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Lawsuit Abuse Reduction Act of 2004 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure to: (1) require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, discretionary); (2) disallow the withdrawal or correction of pleadings to avoid Rule 11 sanctions; (3) require courts to award parties prevailing on Rule 11 motions reasonable expenses and attorney's fees, if warranted; (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and (5) make the discovery phase of litigation subject to Rule 11 sanctions.
(Sec. 3) Makes Rule 11 applicable to State civil actions where the court determines, upon motion, that the action affects interstate commerce.
(Sec. 4) Requires personal injury claims (defined to exclude class actions) filed in State or Federal court to be filed in the county or Federal district in which: (1) the person bringing the claim resides at the time of filing or resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the injury occurred; or (3) the defendant's principal place of business is located. Directs the trial court to determine which county or Federal district is the most appropriate forum in those situations where the alleged injury occurred in more than one county or district.
(Sec. 6) Requires a mandatory one-year suspension for attorneys determined by a Federal district court to have violated Rule 11 three or more times in that court during the attorney's career. Authorizes the court to suspend such attorneys for an additional period as the court considers appropriate. Gives suspended attorneys the right to appeal and stays suspensions pending appeal. Requires suspended attorneys to petition the court for reinstatement under procedures and conditions prescribed by the court.
(Sec. 7) Imposes civil sanctions commensurate with those sanctions available under Rule 37 of the Federal Rules of Civil Procedure, in addition to other available civil sanctions, for willfully and intentionally influencing, obstructing, or impeding a pending court proceeding (or attempting to do the same) through the willful and intentional destruction of documents sought in and highly relevant to that proceeding. Makes such sanctions applicable to both Federal and State court proceedings. | To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency and Disaster Assistance
Fraud Penalty Enhancement Act of 2005''.
SEC. 2. FRAUD IN CONNECTION WITH MAJOR DISASTER OR EMERGENCY BENEFITS.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1039. Fraud in connection with major disaster or emergency
benefits
``(a) Whoever, in a circumstance described in subsection (b) of
this section, knowingly--
``(1) falsifies, conceals, or covers up by any trick,
scheme, or device any material fact; or
``(2) makes any materially false, fictitious, or fraudulent
statement or representation, or makes or uses any false writing
or document knowing the same to contain any materially false,
fictitious, or fraudulent statement or representation,
in any matter involving any benefit authorized, transported,
transmitted, transferred, disbursed, or paid in connection with a major
disaster declaration under section 401 of the Disaster Relief Act of
1974, or an emergency declaration under section 501 of the Disaster
Relief Act of 1974, or in connection with any procurement of property
or services related to any emergency or disaster declaration as a prime
contractor with the United States or as a subcontractor or supplier on
a contract in which there is a prime contract with the United States,
shall be fined under this title, imprisoned for not more than 30 years,
or both.
``(b) The circumstance to which subsection (a) of this section
refers is that--
``(1) the authorization, transportation, transmission,
transfer, disbursement, or payment of the benefit is in or
affects interstate or foreign commerce;
``(2) the benefit is transported in the mail at any point
in the authorization, transportation, transmission, transfer,
disbursement, or payment of that benefit; or
``(3) the benefit is a record, voucher, payment, money, or
thing of value of the United States, or of any department or
agency thereof.
``(c) In this section, the term `benefit' means any record,
voucher, payment, money or thing of value, good, service, right, or
privilege provided by the United States, State or local government, or
other entity.''.
(b) Clerical Amendment.--The table of sections for chapter 47 of
title 18, United States Code, is amended by inserting at the end the
following new item:
``1039. Fraud in connection with major disaster or emergency
benefits.''.
SEC. 3. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN WIRE, RADIO, AND
TELEVISION FRAUD DURING AND RELATION TO A PRESIDENTIALLY
DECLARED MAJOR DISASTER OR EMERGENCY.
Section 1343 of title 18, United States Code, is amended by
inserting: ``occurs in relation to, or involving any benefit
authorized, transported, transmitted, transferred, disbursed, or paid
in connection with, a presidentially declared major disaster or
emergency, or'' after ``If the violation''.
SEC. 4. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN MAIL FRAUD DURING
AND RELATION TO A PRESIDENTIALLY DECLARED MAJOR DISASTER
OR EMERGENCY.
Section 1341 of title 18, United States Code, is amended by
inserting: ``occurs in relation to, or involving any benefit
authorized, transported, transmitted, transferred, disbursed, or paid
in connection with, a presidentially declared major disaster or
emergency, or'' after ``If the violation''.
SEC. 5. DIRECTIVE TO SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission forthwith shall--
(1) promulgate sentencing guidelines or amend existing
sentencing guidelines to provide for increased penalties for
persons convicted of fraud or theft offenses in connection with
a major disaster declaration under section 5170 of title 42,
United States Code, or an emergency declaration under section
5191 of title 42, United States Code; and
(2) submit to the Committees on the Judiciary of the United
States Congress an explanation of actions taken by the
Commission pursuant to paragraph (1) and any additional policy
recommendations the Commission may have for combating offenses
described in that paragraph.
(b) Requirements.--In carrying out this section, the Sentencing
Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses described
in subsection (a) and the need for aggressive and appropriate
law enforcement action to prevent such offenses;
(2) assure reasonable consistency with other relevant
directives and with other guidelines;
(3) account for any aggravating or mitigating circumstances
that might justify exceptions, including circumstances for
which the sentencing guidelines currently provide sentencing
enhancements;
(4) make any necessary conforming changes to the sentencing
guidelines; and
(5) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
(c) Emergency Authority and Deadline for Commission Action.--The
Commission shall promulgate the guidelines or amendments provided for
under this section as soon as practicable, and in any event not later
than the 30 days after the date of the enactment of this Act, in
accordance with the procedures set forth in section 21(a) of the
Sentencing Reform Act of 1987, as though the authority under that Act
had not expired. | Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2005 (sic) - Amends the federal criminal code to: (1) set forth criminal penalties for fraud in the provision of benefits or the procurement of property or services in connection with a major disaster or emergency declared under the Disaster Relief Act of 1974; and (2) increase criminal penalties for engaging in wire, radio, television, or mail fraud during and in relation to a presidentially declared major disaster or emergency.
Directs the U. S. Sentencing Commission to promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of fraud or theft offenses in connection with a declared emergency or major disaster. | A bill to amend title 18, United States Code, with respect to fraud in connection with major disaster or emergency funds. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Family Protection
Act''.
SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(z)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
(b) Disability Insurance Benefits.--Section 223 of the Social
Security Act (42 U.S.C. 423) is amended by adding at the end the
following:
``Last Payment of Benefit Terminated by Death
``(j)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of the Social Security Act (42 U.S.C. 428) is amended by adding at
the end the following:
``Last Payment of Benefit Terminated by Death
``(i)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
SEC. 3. CONFORMING AMENDMENTS REGARDING PAYMENT OF BENEFITS FOR MONTH
OF RECIPIENT'S DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a) of the Social
Security Act (42 U.S.C. 402(a)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1) of such Act (42 U.S.C.
402(b)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(b)(5)(B) of the
Social Security Act (42 U.S.C. 402(b)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1) of the Social Security
Act (42 U.S.C. 402(c)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(c)(5)(B) of the
Social Security Act (42 U.S.C. 402(c)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(d) Child's Insurance Benefits.--Section 202(d)(1) of the Social
Security Act (42 U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of the Social
Security Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: she remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: she remarries, or''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of the Social
Security Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: he remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which he dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: he remarries,''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
the Social Security Act (42 U.S.C. 402(g)(1)) is amended--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending'' in the matter following
subparagraph (F); and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of the Social
Security Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: such parent dies, marries,'' in the matter following
subparagraph (E) and inserting ``ending with the month in which such
parent dies or (if earlier) with the month preceding the first month in
which any of the following occurs: such parent marries,''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of the Social
Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with
the month preceding whichever of the following months is the earliest:
the month in which he dies,'' in the matter following subparagraph (D)
and inserting the following: ``ending with the month in which he dies
or (if earlier) with whichever of the following months is the
earliest:''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of the Social Security Act (42 U.S.C. 428(a)) is amended by
striking ``the month preceding'' in the matter following paragraph (4).
(k) Exemption From Maximum Benefit Cap.--Section 203 of the Social
Security Act (42 U.S.C. 403) is amended by adding at the end the
following:
``Exemption From Maximum Benefit Cap
``(m) Notwithstanding any other provision of this section, the
application of this section shall be made without regard to any amount
received by reason of section 202(z), 223(j), or 228(i).''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after the date that is 180 days after the date of the
enactment of this Act. | Social Security Family Protection Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that a monthly OASDI benefit shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month. | Social Security Family Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flexibility to Innovate for College
Affordability Act''.
SEC. 2. HIGHER EDUCATION REGULATORY REFORM TASK FORCE.
(a) Task Force Established.--Not later than 2 months after the date
of enactment of this Act, the Secretary of Education shall establish
the Higher Education Regulatory Reform Task Force.
(b) Membership.--The Higher Education Regulatory Reform Task Force
shall include--
(1) the Secretary of Education or the Secretary's designee;
(2) the head of each other Federal agency (or such head's
designee) that the Secretary of Education determines to be
relevant to the activities of the Higher Education Regulatory
Reform Task Force;
(3) a representative of the Advisory Committee on Student
Financial Assistance established under section 491 of the
Higher Education Act of 1965 (20 U.S.C. 1098);
(4) representatives from the higher education community,
including--
(A) institutions of higher education, with equal
representation of public and private nonprofit
institutions, and two-year and four-year institutions,
and with not less than 25 percent of such
representative institutions carrying out distance
education programs; and
(B) nonprofit organizations representing
institutions of higher education; and
(5) any other entity or individual the Secretary of
Education determines appropriate.
(c) Activities.--
(1) Report required.--Not later than 6 months after the
date of enactment of this Act, the Secretary of Education shall
submit to Congress and make available on a publicly available
website a report (in this Act referred to as the ``Higher
Education Regulatory Reform Report'') prepared by the Higher
Education Regulatory Reform Task Force on Federal regulatory
requirements for institutions of higher education. In
prioritizing the review and consideration of such regulatory
requirements for the purposes of the Higher Education
Regulatory Reform Report, the Higher Education Regulatory
Reform Task Force shall give highest priority to regulations
that are in effect at the time of such review and consideration
and related to--
(A) State authorization of distance education;
(B) the Integrated Postsecondary Education Data
System (IPEDS);
(C) the Office of Management and Budget's A-21
Circular;
(D) reporting under the Jeanne Clery Disclosure of
Campus Security Policy and Campus Crime Statistics Act;
(E) calculation of default rates under section
435(a) of the Higher Education Act of 1965;
(F) gainful employment;
(G) revenue requirements for institutions of higher
education under section 487(a)(24) and (d) of the
Higher Education Act of 1965; and
(H) the Single Audit Act of 1984 and the Office of
Management and Budget's A-133 Circular.
(2) Contents of report.--The Higher Education Regulatory
Reform Report shall contain the following with respect to
regulatory requirements for institutions of higher education:
(A) A list of rules that are determined to be
outmoded, duplicative, ineffective, or excessively
burdensome.
(B) For each rule listed in accordance with
subparagraph (A) and that is in effect at the time of
the review under subparagraph (A), an analysis of
whether the costs outweigh the benefits for such rule.
(C) Recommendations to consolidate, modify,
simplify, or repeal such rules to make such rules more
effective or less burdensome.
(D) A description of the justification for and
impact of the recommendations described in subparagraph
(C), as appropriate and available, including supporting
data for such justifications and the financial impact
of such recommendations on institutions of higher
education of varying sizes and types.
(E) Recommendations on the establishment of a
permanent entity to review new regulatory requirements
affecting institutions of higher education.
(3) Notice and comment.--At least 30 days before submission
of the Higher Education Regulatory Reform Report required under
paragraph (1), the Secretary of Education shall publish the
report in the Federal Register for public notice and comment.
The Higher Education Regulatory Reform Task Force may modify
the report in response to any comments received before
submission of the report to Congress.
(d) Definition of Institution of Higher Education.--For the
purposes of this section, the term ``institution of higher education''
has the meaning given such term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002), except that such term does not include
institutions described in subsection (a)(1)(C) of such section 102.
SEC. 3. EXPEDITED CONSIDERATION BY CONGRESS.
(a) Presentation of Higher Education Regulatory Reform Report to
Congress and Expedited Consideration.--
(1) In general.--The President shall propose, at the time
and in the manner provided in paragraph (2), the carrying out
of all or part of the recommendations contained in the Higher
Education Regulatory Reform Report prepared by the Higher
Education Regulatory Reform Task Force in accordance with
section 2.
(2) Transmittal of special message.--Not later than 120
days after the submission of the Higher Education Regulatory
Reform Report to Congress under section 2(c), the President
shall transmit to Congress a special message to carry out all
or part of the recommendations contained in such Report. The
President shall include with that special message a bill that
would carry out the recommendations. The President may not
transmit more than one such special message each year.
(3) Expedited consideration of president's higher education
regulatory reform bill.--
(A) Higher education regulatory reform bill.--
Within 14 days after the President submits to Congress
a bill under paragraph (2), the majority leader of the
House of Representatives and the majority leader of the
Senate shall each introduce such bill, by request.
(B) Consideration in the house of
representatives.--
(i) Referral and reporting.--Any committee
of the House of Representatives to which such
bill is referred shall report it to the House
without amendment not later than the 14th
legislative day after the date of its
introduction. If a committee fails to report
the bill within that period or the House has
adopted a concurrent resolution providing for
adjournment sine die at the end of a Congress,
such committee shall be automatically
discharged from further consideration of the
bill and it shall be placed on the appropriate
calendar.
(ii) Proceeding to consideration.--Not
later than 21 legislative days after such bill
is reported or a committee has been discharged
from further consideration thereof, it shall be
in order to move to proceed to consider such
bill in the House. Such a motion shall be
highly privileged and not debatable, and shall
be in order only at a time designated by the
Speaker in the legislative schedule within two
legislative days after the day on which the
proponent announces an intention to the House
to offer the motion provided that such notice
may not be given until such bill is reported or
a committee has been discharged from further
consideration thereof. Such a motion shall not
be in order after the House has disposed of a
motion to proceed with respect to that special
message. The previous question shall be
considered as ordered on the motion to its
adoption without intervening motion. A motion
to reconsider the vote by which the motion is
disposed of shall not be in order.
(iii) Consideration.--If the motion to
proceed is agreed to, the House shall
immediately proceed to consider such bill in
the House without intervening motion. Such bill
shall be considered as read. All points of
order against the bill and against its
consideration are waived. The previous question
shall be considered as ordered on the bill to
its passage without intervening motion except 4
hours of debate equally divided and controlled
by the proponent and an opponent and one motion
to limit debate on the bill. A motion to
reconsider the vote on passage of the bill
shall not be in order.
(C) Consideration in the senate.--
(i) Committee action.--The appropriate
committee of the Senate shall report without
amendment the bill referred to in subparagraph
(A) not later than the seventh session day
after introduction. If a committee fails to
report the bill within that period or the
Senate has adopted a concurrent resolution
providing for adjournment sine die at the end
of a Congress, the Committee shall be
automatically discharged from further
consideration of the bill and it shall be
placed on the appropriate calendar.
(ii) Motion to proceed.--Not later than 3
session days after the bill is reported in the
Senate or the committee has been discharged
thereof, it shall be in order for any Senator
to move to proceed to consider the bill in the
Senate. The motion shall be decided without
debate and the motion to reconsider shall be
deemed to have been laid on the table. Such a
motion shall not be in order after the Senate
has disposed of a prior motion to proceed with
respect to the draft bill.
(iii) Consideration.--If a motion to
proceed to the consideration of the draft bill
is agreed to, the Senate shall immediately
proceed to consideration of the draft bill
without intervening motion, order, or other
business, and the draft bill shall remain the
unfinished business of the Senate until
disposed of. Consideration on the bill in the
Senate under this subsection, and all debatable
motions and appeals in connection therewith,
shall not exceed 10 hours equally divided in
the usual form. All points of order against the
draft bill or its consideration are waived.
Consideration in the Senate on any debatable
motion or appeal in connection with the draft
bill shall be limited to not more than 10
hours. A motion to postpone, or a motion to
proceed to the consideration of other business,
or a motion to recommit the draft bill is not
in order. A motion to reconsider the vote by
which the draft bill is agreed to or disagreed
to is not in order.
(D) Amendments prohibited.--No amendment to, or
motion to strike a provision from, the draft bill
considered under this section shall be in order in
either the House of Representatives or the Senate.
(E) Coordination with action by other house.--If,
before passing the bill, one House receives from the
other a bill--
(i) the bill of the other House shall not
be referred to a committee; and
(ii) the procedure in the receiving House
shall be the same as if no bill had been
received from the other House until the vote on
passage, when the bill received from the other
House shall supplant the bill of the receiving
House.
(F) Limitation.--This paragraph shall apply only to
the bill referred to in subparagraph (A), introduced
pursuant to such subparagraph.
(b) Definition.--For purposes of this section, continuity of a
session of either House of Congress shall be considered as broken only
by an adjournment of that House sine die, and the days on which that
House is not in session because of an adjournment of more than 3 days
to a date certain shall be excluded in the computation of any period.
SEC. 4. EXPANDING THE EXPERIMENTAL SITES INITIATIVE.
Section 487A(b)(3) of the Higher Education Act of 1965 (20 U.S.C.
1094a(b)(3)) is amended--
(1) in subparagraph (B)--
(A) by inserting ``(other than for purposes of an
experiment described in subparagraph (C))'' after
``award amounts''; and
(B) by inserting ``, such as an experiment
described in subparagraph (D)'' after ``results of the
experiment''; and
(2) by adding at the end the following new subparagraphs:
``(C) Waivers of grant and loan maximum award
amounts.--The Secretary is authorized to waive any
requirements in this title or regulations prescribed
under this title relating to grant and loan maximum
award amounts (or any other requirements or regulations
that may bias the results of the experiment described
in this subparagraph) for any institution participating
as an experimental site under subparagraph (A) to carry
out an experiment to, with respect to each student
whose workload exceeds the minimum workload that the
institution considers a full-time academic workload for
the program of study that the student is pursuing,
increase the maximum Federal Pell Grant and loan award
amounts for the student in proportion to the amount
that the student's workload exceeds such minimum full-
time academic workload, so long as the institution
demonstrates to the Secretary that the experiment
described in this subparagraph will assist in
decreasing the total the cost of attendance (defined in
section 472) for the student.
``(D) Waivers for competency-based learning.--The
Secretary is authorized to waive any requirements in
this title or any regulations prescribed under this
title (including any accreditation requirements or any
other requirements or regulations that may bias the
results of the experiment described in this
subparagraph) for any institution participating as an
experimental site under subparagraph (A) to carry out
an experiment to provide Federal grant and loan awards
to--
``(i) students enrolled in remedial courses
or competency-based learning programs that
provide competencies for success in certain
programs of study at the institution, but that
are not accredited;
``(ii) students (or potential students) to
pay for the test fees of tests, based on the
results of which the institution may award the
students academic credit for prior learning; or
``(iii) secondary school students enrolled
in courses at the institution,
so long as the institution demonstrates to the
Secretary that the experiment described in this
subparagraph will assist in decreasing the total the
cost of attendance (defined in section 472) for such
students.''. | Flexibility to Innovate for College Affordability Act This bill directs the Department of Education (ED) to establish the Higher Education Regulatory Reform Task Force to review, report on, and make recommendations to reduce, federal regulatory requirements for institutions of higher education (IHEs). ED must publish the Higher Education Regulatory Reform Report; the President must submit a legislative proposal to implement its recommendations; and Congress must consider legislation to enact such recommendations under expedited procedures. Additionally, this bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to expand ED's waiver authority under the Experimental Sites Initiative. Specifically, it authorizes ED to waive title IV statutory and regulatory requirements to allow participating IHEs to award federal student aid: (1) above the annual maximum amount to students whose academic workload exceeds a full-time academic workload; and (2) to students enrolled in remedial or competency-based programs, students or potential students who incur costs (e.g., test fees) for prior learning assessments, and high school students enrolled in a postsecondary education program. A participating IHE must demonstrate that a waiver reduces the total cost of attendance for such students. | Flexibility to Innovate for College Affordability Act |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may cited as the ``Protecting and
Preserving Social Security Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--COST-OF-LIVING INCREASES
Sec. 101. Consumer Price Index for Elderly Consumers.
Sec. 102. Computation of cost-of-living increases.
TITLE II--CONTRIBUTION AND BENEFIT FAIRNESS
Sec. 201. Determination of wages and self-employment income above
contribution and benefit base after 2015.
Sec. 202. Inclusion of surplus earnings in Social Security benefit
formula.
TITLE I--COST-OF-LIVING INCREASES
SEC. 101. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS.
(a) In General.--The Bureau of Labor Statistics of the Department
of Labor shall prepare and publish an index for each calendar month to
be known as the ``Consumer Price Index for Elderly Consumers'' that
indicates changes over time in expenditures for consumption which are
typical for individuals in the United States who are 62 years of age or
older.
(b) Effective Date.--Subsection (a) shall apply with respect to
calendar months ending on or after July 31 of the calendar year
following the calendar year in which this Act is enacted.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the provisions of
this section.
SEC. 102. COMPUTATION OF COST-OF-LIVING INCREASES.
(a) In General.--Section 215(i) of the Social Security Act (42
U.S.C. 415(i)) is amended--
(1) in paragraph (1)(G), by inserting before the period the
following: ``, and, solely with respect to any monthly
insurance benefit payable under this title to an individual who
has attained age 62, effective for adjustments under this
subsection to the primary insurance amount on which such
benefit is based (or to any such benefit under section 227 or
228) occurring after such individual attains such age, the
applicable Consumer Price Index shall be deemed to be the
Consumer Price Index for Elderly Consumers and such primary
insurance amount shall be deemed adjusted under this subsection
using such Index''; and
(2) in paragraph (4), by striking ``and by section 9001''
and inserting ``, by section 9001'', and by inserting after
``1986,'' the following: ``and by section 102 of the Protecting
and Preserving Social Security Act,''.
(b) Conforming Amendments in Applicable Former Law.--Section
215(i)(1)(C) of such Act, as in effect in December 1978 and applied in
certain cases under the provisions of such Act in effect after December
1978, is amended by inserting before the period the following: ``, and,
solely with respect to any monthly insurance benefit payable under this
title to an individual who has attained age 62, effective for
adjustments under this subsection to the primary insurance amount on
which such benefit is based (or to any such benefit under section 227
or 228) occurring after such individual attains such age, the
applicable Consumer Price Index shall be deemed to be the Consumer
Price Index for Elderly Consumers and such primary insurance amount
shall be deemed adjusted under this subsection using such Index''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply to determinations made with respect to cost-of-living computation
quarters (as defined in section 215(i)(1)(B) of the Social Security Act
(42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second
calendar year following the calendar year in which this Act is enacted.
TITLE II--CONTRIBUTION AND BENEFIT FAIRNESS
SEC. 201. DETERMINATION OF WAGES AND SELF-EMPLOYMENT INCOME ABOVE
CONTRIBUTION AND BENEFIT BASE AFTER 2015.
(a) Determination of Wages Above Contribution and Benefit Base
After 2015.--
(1) Amendments to the internal revenue code of 1986.--
Section 3121 of the Internal Revenue Code of 1986 is amended--
(A) in subsection (a)(1), by inserting ``the
applicable percentage (determined under subsection
(c)(1)) of'' before ``that part of the remuneration'';
and
(B) in subsection (c), by striking ``(c) Included
and Excluded Service.--For purposes of this chapter,
if'' and inserting the following:
``(c) Special Rules for Wages and Employment.--
``(1) Applicable percentage of remuneration in determining
wages.--For purposes of paragraph (1) of subsection (a), the
applicable percentage for a calendar year, in connection with
any calendar year referred to in such subparagraph, shall be
the percentage determined in accordance with the following
table:
The applicable
``In the case of: percentage is:
Calendar year 2016................................. 86%
Calendar year 2017................................. 71%
Calendar year 2018................................. 57%
Calendar year 2019................................. 43%
Calendar year 2020................................. 29%
Calendar year 2021................................. 14%
Calendar years after 2021.......................... 0%.
``(2) Included and excluded service.--For purposes of this
chapter, if''.
(2) Amendments to the social security act.--Section 209 of
the Social Security Act (42 U.S.C. 409) is amended--
(A) in subsection (a)(1)(I)--
(i) by inserting ``and before 2016'' after
``1974''; and
(ii) by inserting ``and'' after the
semicolon;
(B) in subsection (a)(1), by adding at the end the
following new subparagraph:
``(J) The applicable percentage (determined under
subsection (l)) of that part of remuneration which,
after remuneration (other than remuneration referred to
in the succeeding subsections of this section) equal to
the contribution and benefit base (determined under
section 230) with respect to employment has been paid
to an individual during any calendar year after 2015
with respect to which such contribution and benefit
base is effective, is paid to such individual during
such calendar year;''; and
(C) by adding at the end the following new
subsection:
``(l) For purposes of subparagraph (J) of subsection (a)(1), the
applicable percentage for a calendar year, in connection with any
calendar year referred to in such subparagraph, shall be the percentage
determined in accordance with the following table:
The applicable
``In the case of: percentage is:
Calendar year 2016................................. 86%
Calendar year 2017................................. 71%
Calendar year 2018................................. 57%
Calendar year 2019................................. 43%
Calendar year 2020................................. 29%
Calendar year 2021................................. 14%
Calendar years after 2021.......................... 0%.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to remuneration paid in calendar years
after 2015.
(b) Determination of Self-Employment Income Above Contribution and
Benefit Base After 2015.--
(1) Amendments to the internal revenue code of 1986.--
Section 1402 of the Internal Revenue Code of 1986 is amended--
(A) in subsection (b)(1), by inserting ``an amount
equal to the applicable percentage (as determined under
subsection (d)(2)) of'' before ``that part of the net
earnings from self-employment''; and
(B) in subsection (d)--
(i) by striking ``(d) Employee and Wages.--
The term'' and inserting the following:
``(d) Rules and Definitions.--
``(1) Employee and wages.--The term''; and
(ii) by adding at the end the following:
``(2) Applicable percentage of net earnings from self-
employment in determining self-employment income.--For purposes
of paragraph (1) of subsection (b), the applicable percentage
for a taxable year beginning in any calendar year referred to
in such paragraph shall be the percentage determined in
accordance with the following table:
The applicable
``In the case of: percentage is:
Calendar year 2016................................. 86%
Calendar year 2017................................. 71%
Calendar year 2018................................. 57%
Calendar year 2019................................. 43%
Calendar year 2020................................. 29%
Calendar year 2021................................. 14%
Calendar years after 2021.......................... 0%.''.
(2) Amendments to the social security act.--Section 211 of
the Social Security Act (42 U.S.C. 411) is amended--
(A) in subsection (b)(1)(I)--
(i) by striking ``or'' after the semicolon;
and
(ii) by inserting ``and before 2016'' after
``1974'';
(B) in subsection (b)--
(i) by redesignating paragraph (2) as
paragraph (3); and
(ii) by inserting after paragraph (1) the
following:
``(2) For any taxable year beginning in any calendar year
after 2015, an amount equal to the applicable percentage (as
determined under subsection (l)) of that part of net earnings
from self-employment which is in excess of (A) an amount equal
to the contribution and benefit base (determined under section
230) that is effective for such calendar year, minus (B) the
amount of the wages paid to such individual during such taxable
year; or''; and
(C) by adding at the end the following:
``(l) For purposes of paragraph (2) of subsection (b), the
applicable percentage for a taxable year beginning in any calendar year
referred to in such paragraph, shall be the percentage determined in
accordance with the following table:
The applicable
``In the case of: percentage is:
Calendar year 2016................................. 86%
Calendar year 2017................................. 71%
Calendar year 2018................................. 57%
Calendar year 2019................................. 43%
Calendar year 2020................................. 29%
Calendar year 2021................................. 14%
Calendar years after 2021.......................... 0%.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to taxable years beginning during or
after calendar year 2016.
SEC. 202. INCLUSION OF SURPLUS EARNINGS IN SOCIAL SECURITY BENEFIT
FORMULA.
(a) Inclusion of Surplus Average Indexed Monthly Earnings in
Determination of Primary Insurance Amounts.--
(1) In general.--Section 215(a)(1)(A) of the Social
Security Act (42 U.S.C. 415(a)(1)(A)) is amended--
(A) in clauses (i), (ii), and (iii), by inserting
``basic'' before ``average indexed monthly earnings''
each place it appears;
(B) in clause (ii), by striking ``and'' at the end;
and
(C) by inserting after clause (iii) the following
new clauses:
``(iv) 3 percent of the individual's surplus average
indexed monthly earnings to the extent such surplus average
indexed monthly earnings do not exceed the excess of the amount
established for purposes of this clause by subparagraph (B)
over \1/12\ of the contribution and benefit base for the last
of such individual's computation base years, and
``(v) 0.25 percent of the sum of the individual's surplus
average indexed monthly earnings plus \1/12\ of the
contribution and benefit base for the last of such individual's
computation base years, to the extent such sum exceeds the
amount established for purposes of clause (iv) by subparagraph
(B).''.
(2) Bend point for surplus earnings.--Section 215(a)(1)(B)
of such Act (42 U.S.C. 415(a)(1)(B)) is amended--
(A) in clause (ii), by striking ``the amounts so
established'' and inserting ``the amounts established
for purposes of clauses (i) and (ii) of subparagraph
(A)'';
(B) by redesignating clause (iii) as clause (v);
(C) in clause (v) (as redesignated), by inserting
``or (iv)'' after ``clause (ii)''; and
(D) by inserting after clause (ii) the following
new clauses:
``(iii) For individuals who initially become eligible for old-age
or disability insurance benefits, or who die (before becoming eligible
for such benefits), in the calendar year 2016, the amount established
for purposes of clause (iv) of subparagraph (A) shall be $11,358.
``(iv) For individuals who initially become eligible for old-age or
disability insurance benefits, or who die (before becoming eligible for
such benefits), in any calendar year after 2016, the amount established
for purposes of clause (iv) of subparagraph (A) shall equal the product
of the amount established with respect to the calendar year 2016 under
clause (iii) of this subparagraph and the quotient obtained by
dividing--
``(I) the national average wage index (as defined in
section 209(k)(1)) for the second calendar year preceding the
calendar year for which the determination is made, by
``(II) the national average wage index (as so defined) for
2014.''.
(b) Basic AIME and Surplus AIME.--
(1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C.
415(b)(1)) is amended--
(A) by inserting ``basic'' before ``average''; and
(B) in subparagraph (A), by striking ``paragraph
(3)'' and inserting ``paragraph (3)(A)'' and by
inserting before the comma the following: ``to the
extent such total does not exceed the contribution and
benefit base for the applicable year''.
(2) Surplus aime.--
(A) In general.--Section 215(b)(1) of such Act (as
amended by paragraph (1)) is amended--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(ii) by inserting ``(A)'' after ``(b)(1)'';
and
(iii) by adding at the end the following
new subparagraph:
``(B)(i) An individual's surplus average indexed monthly earnings
shall be equal to the quotient obtained by dividing--
``(I) the total (after adjustment under paragraph (3)(B))
of such individual's surplus earnings (determined under clause
(ii)) for such individual's benefit computation years
(determined under paragraph (2)), by
``(II) the number of months in those years.
``(ii) For purposes of clause (i) and paragraph (3)(B), an
individual's surplus earnings for a benefit computation year are the
total of such individual's wages paid in and self-employment income
credited to such benefit computation year, to the extent such total
(before adjustment under paragraph (3)(B)) exceeds the contribution and
benefit base for such year.''.
(B) Conforming amendment.--The heading for section
215(b) of such Act is amended by striking ``Average
Indexed Monthly Earnings'' and inserting ``Basic
Average Indexed Monthly Earnings; Surplus Average
Indexed Monthly Earnings''.
(3) Adjustment of surplus earnings for purposes of
determining surplus aime.--Section 215(b)(3) of such Act (42
U.S.C. 415(b)(3)) is amended--
(A) in subparagraph (A), by striking ``subparagraph
(B)'' and inserting ``subparagraph (C)'' and by
inserting ``and determination of basic average indexed
monthly income'' after ``paragraph (2)'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) For purposes of determining under paragraph (1)(B) an
individual's surplus average indexed monthly earnings, the individual's
surplus earnings (described in paragraph (2)(B)(ii)) for a benefit
computation year shall be deemed to be equal to the product of--
``(i) the individual's surplus earnings for such year (as
determined without regard to this subparagraph), and
``(ii) the quotient described in subparagraph (A)(ii).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to individuals who initially become eligible (within
the meaning of section 215(a)(3)(B) of the Social Security Act) for
old-age or disability insurance benefits under title II of the Social
Security Act, or who die (before becoming eligible for such benefits),
in any calendar year after 2015. | Protecting and Preserving Social Security Act Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish for each calendar month a Consumer Price Index for Elderly Consumers (CPI-EC) that indicates changes over time in consumption expenditures typical for individuals in the United States age 62 or older. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSAct) to make the CPI-EC the applicable Consumer Price Index for computation of cost-of-living increases in OASDI benefits for such individuals. Amends the Internal Revenue Code to prescribe special rules for the determination of wages and self-employment income above the contribution and benefit base after 2015. Amends SSAct title II to include surplus average indexed monthly earnings in the determination of primary OASDI amounts. | Protecting and Preserving Social Security Act |
SECTION 1. CONSENT TO COMPACT.
The Congress consents to the SMART Research and Development Compact
if that compact is entered into by the State of Delaware, the State of
Maryland, the State of New Jersey, and the State 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 an organization for Strengthening the
Mid-Atlantic Region for Tomorrow (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,
laboratories, and nonprofit entities, within Delaware, Maryland, New
Jersey, and Pennsylvania.
``ARTICLE II.
``This compact takes effect upon ratification by the States of
Delaware, Maryland, New Jersey, and 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
representative from each party State, appointed as provided by the law
of that State. The leadership shall appoint a Blue Ribbon Commission
comprised of a representative from each party State from each
technological class described in article IV to advise the leadership.
The participants in the organization may include any business, academic
institution, nonprofit agency or laboratory.
``The leadership of the Organization shall oversee and direct the
projects, administration, and policies of the SMART Organization. The
Blue Ribbon Commission shall identify goals and new technological
developments for the region to pursue and facilitate cooperation among
participants. The leadership, Blue Ribbon Commission, and participants
in the Organization shall serve without compensation or reimbursement
of expenses. The leadership of the Organization shall hold regular
quarterly meetings and such special meetings as its business may
require.
``The Organization shall adopt such rules and regulations 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 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.
``The Organization participants may, and the Blue Ribbon Commission
shall, represent and originate from the following technological
classes: information technology, sensors, rotorcraft technology,
manufacturing technology, nanotechnology, electronics,
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
Organization leadership, designate and assign new representatives for
additional technological classes and may at any time remove an existing
class from the Organization's activities.
``ARTICLE V.
``The leadership of the Organization 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 executive director may appoint the other employees of
the Organization and shall be the administrative head of the
Organization. The executive director's term of office shall be at the
pleasure of the leadership of the Organization.
``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. 2. RIGHT TO ALTER, AMEND, OR REPEAL.
The Congress expressly reserves the right to alter, amend, or
repeal this Act.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the SMART Organization
such sums as may be necessary to assist the Organization in carrying
out its activities, including the funding by the Organization of
programs and projects consistent with the purposes of the Organization. | 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 an organization for strengthening the Mid-Atlantic region for tomorrow) if it is entered into by the States of Delaware, Maryland, New Jersey, and Pennsylvania. | To grant the consent of the Congress to the SMART Research and Development Compact. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Investment and Growth
Act''.
SEC. 2. SMALL BUSINESS TAX RATE.
(a) In General.--Section 1 of the Internal Revenue Code of 1986
(relating to tax imposed) is amended by adding at the end of the
following new subsection:
``(i) Maximum Small Business Tax Rate.--
``(1) In general.--Except as provided in paragraph (4), if
a taxpayer has taxable small business income for any taxable
year to which this subsection applies, then the tax imposed by
this section shall not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
the greater of--
``(i) taxable income reduced by the amount
of taxable small business income, or
``(ii) the amount of taxable income taxed
at a rate below 34 percent, plus
``(B) a tax of 34 percent of the amount of taxable
income in excess of the taxable income that is subject
to tax under subparagraph (A).
``(2) Taxable small business income.--For purposes of this
subsection, the term `taxable small business income' means,
with respect to any taxable year, the taxable income of the
taxpayer for such year attributable to the active conduct of
any trade or business of an eligible small business.
``(3) Qualified retained earnings account.--For purposes of
this subsection--
``(A) S corporations.--Each S corporation shall
establish a qualified retained earnings account which
shall be--
``(i) increased each year by the portion of
the taxable income of the S corporation that is
attributable to the active conduct of a trade
or business by the S corporation,
``(ii) decreased each year by the portion
of the taxable loss of the S corporation that
is attributable to such active conduct of a
trade or business, and
``(iii) decreased by qualified and
nonqualified distributions from such S
corporation to the shareholders thereof.
``(B) Qualified distributions.--For purposes of
subparagraph (A), a distribution from a qualified
retained earnings account shall be treated as a
qualified distribution if the distribution--
``(i) is made to the owners of the eligible
small business, and
``(ii) is made to enable the S corporation
shareholder to pay income taxes (Federal,
State, local) on the income of the eligible
small business.
The Secretary is authorized to promulgate regulations
pursuant to this subparagraph to provide rules to
determine the extent to which distributions by an S
corporation are made to enable the distributee to pay
its income taxes, including regulations that establish
a presumption that distributions are to enable the
distributee to pay income taxes if such distributions
do not exceed 34 percent of taxable small business
income.
``(C) Distributions after taxable year.--For
purposes of subparagraph (B), a distribution from a
qualified retained earnings account within 75 days
after the end of a taxable year of the eligible small
business may be treated as a distribution made on the
last day of such taxable year.
``(4) Additional tax on nonqualified distributions.--
``(A) In general.--If--
``(i) a distribution other than a qualified
distribution is made from a qualified retained
earnings account, and
``(ii) such distribution is made from
additions to the account for a taxable year
with respect to which paragraph (1)(B) applied
to the taxpayer by reason of such additions,
then the tax imposed by this section for the taxable
year of the taxpayer with or within which the taxable
year of the eligible small business in which the
distribution was made ends shall be increased by the
amount determined under subparagraph (B).
``(B) Amount of additional tax.--The amount of tax
determined under this subparagraph is an amount equal
to the product of the taxpayer's pro rata share of the
distribution described in subparagraph (A)(i) and the
number of percentage points (and fractions thereof) by
which the highest rate of tax in effect under this
section for the taxpayer's taxable year exceeds 34
percent.
``(C) Order of distributions.--For purposes of this
paragraph, distributions shall be treated as having
been made from the qualified retained earnings account
on a last-in, first-out basis. Distributions in excess
of the balance of the qualified retained earnings
account shall not reduce such account below zero.
``(5) Eligible small business.--For purposes of this
subsection--
``(A) In general.--Except as provided in
subparagraph (B), the term `eligible small business'
means, with respect to any taxable year, an S
corporation which has been designated, as of the
beginning of the taxable year, as a small business
concern (within the meaning of section 3(a) of the
Small Business Act) according to size standard
regulations published by the Small Business
Administration.
``(B) Exclusions.--Such term shall not include--
``(i) any personal service corporation (as
defined in section 469(j)(2)), and
``(ii) any personal holding company (as
defined in section 542).
``(C) Election to use 3 preceding years.--If the
determination under subparagraph (A) is made on the
basis of number of employees or gross receipts, the
taxpayer may elect to have the determination made on
the basis of the average number of employees or the
average gross receipts of the taxpayer for the 3
taxable years preceding the taxable year.
``(6) Years to which subsection applies.--This subsection
shall apply to any taxable year if the highest rate of tax set
forth in subsection (a), (b), (c), (d), or (e) (whichever
applies) for the taxable year exceeds 34 percent.
``(7) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this section, including regulations preventing the
characterization of distributions for purposes of compensation
or personal use as distributions of qualified retained
earnings.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1995. | Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish a maximum small business tax rate on taxable small business income for S corporations. Describes such income as taxable income of the taxpayer from the active conduct of an eligible trade or small business. Requires each S corporation to establish a qualified retained earnings account. Allows qualified distributions from such a qualified retained earnings account to the owners to enable the S corporation shareholder to pay income taxes. Requires regulations to establish a presumption that distributions are to pay income taxes if such distributions do not exceed 34 percent of small business income. Provides for an additional tax on nonqualified distributions. | Small Business Investment and Growth Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women and Children's HIV Protection
Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Perinatal transmission is the leading cause of
pediatric HIV infections, including AIDS cases.
(2) The Centers for Disease Control and Prevention
(``CDC'') estimates that nearly 7,000 HIV-infected women give
birth in the United States each year and as many as 400 babies
continue to be born with HIV infection each year.
(3) Medical advances have made it possible to nearly
eliminate perinatal HIV transmission.
(4) Research studies have demonstrated that the
administration of antiviral medication during pregnancy, during
labor, and immediately following birth can significantly reduce
the transmission of HIV from an infected mother to her baby.
Caesarean section further reduces the risk of transmission.
(5) Even if treatment begins shortly after birth,
antiretroviral therapy can substantially reduce the chance that
an HIV-exposed infant will become infected.
(6) Breastfeeding by HIV-infected mothers poses additional
significant risk of infection to babies.
(7) The Institute of Medicine (``IOM'') has recommended the
adoption of a national policy of universal HIV testing, with
patient notification, as a routine component of prenatal care.
However, 15 percent of HIV-infected pregnant women receive no
prenatal care according to the IOM.
(8) The CDC has recommended since 1995 that all pregnant
women be counseled and offered voluntary HIV testing. Yet
nearly half of pregnant women are still not tested according to
the CDC.
(9) The American Medical Association recommends mandatory
HIV testing of all newborns with appropriate treatment for
affected mothers and children.
(10) Testing newborns whose mothers' status is unknown
ensures that every child at risk for HIV is identified.
(11) The provision of testing of pregnant women and
newborns with appropriate counseling and treatment can
significantly reduce the number of pediatric HIV infections,
including AIDS cases, can improve access to and medical care
for the woman and children, and can provide opportunities to
further reduce transmission among adults.
(12) The provision of such testing, counseling, and
treatment can reduce the overall cost of pediatric HIV
infections, including AIDS cases.
(13) New York State has required mandatory HIV counseling
and voluntary testing for pregnant women and mandatory HIV
testing of all newborns since February 1997. As a result, the
perinatal HIV transmission rate in the State has dropped from
25 percent to an all time low of 3.5 percent and over 99
percent of HIV-infected women and their children have been
linked to care.
(14) For the reasons specified in paragraphs (1) through
(12)--
(A) universal routine HIV testing of pregnant women
and newborns should be the standard of care; and
(B) the relevant medical organizations, as well as
public health officials, should issue guidelines making
such testing, counseling, and treatment the standard of
care.
SEC. 3. ADDITIONAL REQUIREMENT FOR CERTAIN GRANTS.
Subpart I of part B of title XXVI of the Public Health Service Act
(42 U.S.C. 300ff-21 et seq.) is amended by inserting after section 2616
the following section:
``SEC. 2616A. ADDITIONAL REQUIREMENT FOR CERTAIN GRANTS.
``For fiscal year 2004 and subsequent fiscal years, the Secretary
shall not make a grant to a State under this part unless the State
demonstrates that the law or regulations of the State are in accordance
with the following:
``(1) That all pregnant women receiving prenatal care in
the State be offered counseling and testing regarding HIV
disease.
``(2) In the case of prenatal testing for such disease that
is conducted in the State, that the results of such testing be
promptly disclosed to the pregnant woman involved.
``(3) In the case of newborn infants who are born in the
State and whose biological mothers have not undergone prenatal
testing for HIV disease, that each such infant undergo testing
for such disease.
``(4) That the results of such testing of a newborn infant
be promptly disclosed in accordance with the following, as
applicable to the infant involved:
``(A) To the biological mother of the infant
(without regard to whether she is the legal guardian of
the infant).
``(B) If the State is the legal guardian of the
infant:
``(i) To the appropriate official of the
State agency with responsibility for the care
of the infant.
``(ii) To the appropriate official of each
authorized agency providing assistance in the
placement of the infant.
``(iii) If the authorized agency is giving
significant consideration to approving an
individual as a foster parent of the infant, to
the prospective foster parent.
``(iv) If the authorized agency is giving
significant consideration to approving an
individual as an adoptive parent of the infant,
to the prospective adoptive parent.
``(C) If neither the biological mother nor the
State is the legal guardian of the infant, to another
legal guardian of the infant.
``(D) To the child's health care provider.
``(5) That, in disclosing the test results to an individual
under paragraph (2) or (4), appropriate counseling on HIV
disease and appropriate referrals for health care be offered to
the individual (except in the case of a disclosure to an
official of a State or an authorized agency, or to a health
care provider).''. | Women and Children's HIV Protection Act of 2002 - Amends the Public Health Service Act to prohibit making a grant to a State under the care grant program unless the State demonstrates that the law or regulations of the State require specified testing and services for pregnant women and newborn infants regarding HIV disease. | To amend the Public Health Service Act with respect to testing pregnant women and newborn infants for infection with the human immunodeficiency virus. |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Tenth Amendment Enforcement
Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) in most areas of governmental concern, State
governments possess both the Constitutional authority and the
competence to discern the needs and the desires of the People
and to govern accordingly;
(2) Federal laws and agency regulations, which have
interfered with State powers in areas of State jurisdiction,
should be restricted to powers delegated to the Federal
Government by the Constitution;
(3) the framers of the Constitution intended to bestow upon
the Federal Government only limited authority over the States
and the people;
(4) under the Tenth Amendment to the Constitution, the
powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people; and
(5) the courts, which have in general construed the Tenth
Amendment not to restrain the Federal Government's power to act
in areas of State jurisdiction, should be directed to strictly
construe Federal laws and regulations which interfere with
State powers with a presumption in favor of State authority and
against Federal preemption.
SEC. 3. CONGRESSIONAL DECLARATION.
(a) In General.--On or after January 1, 1997, any statute enacted
by Congress shall include a declaration--
(1) that authority to govern in the area addressed by the
statute is delegated to Congress by the Constitution, including
a citation to the specific Constitutional authority relied
upon;
(2) if the statute interferes with State powers or preempts
any State or local government law, regulation or ordinance,
that Congress specifically finds that the Federal Government is
the better level of government to govern in the area addressed
by the statute; and
(3) if the statute interferes with State powers or preempts
any State or local government law, regulation or ordinance,
that Congress specifically intends to interfere with State
powers or preempt State or local government law, regulation, or
ordinance, and that such preemption is necessary.
(b) Factual Findings.--The Congress shall make specific factual
findings in support of the declarations described in this section.
SEC. 4. POINT OF ORDER.
(a) In General.--It shall not be in order in either the Senate or
House of Representatives to consider any bill, joint resolution, or
amendment that does not include a declaration of Congressional intent
as required under section 3.
(b) Rulemaking.--This section is enacted--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, and as such, it is deemed a part
of the rules of the Senate and House of Representatives, but is
applicable only with respect to the matters described in
section 3 and supersedes other rules of the Senate or House of
Representatives only to the extent that such sections are
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
the Senate or House of Representatives to change such rules at
any time, in the same manner as in the case of any rule of the
Senate or House of Representatives.
SEC. 5. ANNUAL REPORT ON STATUTORY PREEMPTION.
(a) Report.--Within 90 days after each Congress adjourns sine die,
the Congressional Research Service shall prepare and make available to
the public a report on the extent of Federal statutory preemption of
State and local government powers enacted into law during the preceding
Congress or adopted through judicial interpretation of Federal
statutes.
(b) Contents.--The report shall contain--
(1) a cumulative list of the Federal statutes preempting,
in whole or in part, State and local government powers;
(2) a summary of Federal legislation enacted during the
previous Congress preempting, in whole or in part, State and
local government powers;
(3) an overview of recent court cases addressing Federal
preemption issues; and
(4) other information the Director of the Congressional
Research Service determines appropriate.
(c) Transmittal.--Copies of the report shall be sent to the
President and the chairman of the appropriate committees in the Senate
and House of Representatives.
SEC. 6. EXECUTIVE PREEMPTION OF STATE LAW.
(a) In General.--Chapter 5 of title 5, United States Code, is
amended by inserting after section 559 the following new section:
``SEC. 560. PREEMPTION OF STATE LAW.
``(a) No executive department or agency or independent agency shall
construe any statutory authorization to issue regulations as
authorizing preemption of State law or local ordinance by rulemaking or
other agency action unless--
``(1) the statute expressly authorizes issuance of
preemptive regulations; and
``(2) the executive department, agency or independent
agency concludes that the exercise of State power directly
conflicts with the exercise of Federal power under the Federal
statute, such that the State statutes and the Federal rule
promulgated under the Federal statute cannot be reconciled or
consistently stand together.
``(b) Any regulatory preemption of State law shall be narrowly
tailored to achieve the objectives of the statute pursuant to which the
regulations are promulgated and shall explicitly describe the scope of
preemption.
``(c)(1) When an executive department or agency or independent
agency proposes to act through rulemaking or other agency action to
preempt State law, the department or agency shall provide all affected
States notice and an opportunity for meaningful and timely input by
duly elected or appointed State and local government officials or their
designated representatives in the proceedings.
``(2) The notice of proposed rulemaking shall be forwarded to the
Governor, the Attorney General and the presiding officer of each
chamber of the legislature of each State setting forth the extent and
purpose of the preemption.
``(3) In the table of contents of each Federal Register, there
shall be a separate list of preemptive regulations contained within
that Register.
``(4) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to participation in rulemaking or other agency action by duly
elected or appointed State and local government officials or their
designated representatives acting in their official capacities.
``(d) Unless a final executive department or agency or independent
agency rule or regulation contains an explicit provision declaring the
Federal Government's intent to preempt State or local government powers
and an explicit description of the extent and purpose of that
preemption, the rule or regulation shall not be construed to preempt
any State or local government law, ordinance or regulation.
``(e)(1) Each executive department or agency or independent agency
shall review the rules and regulations issued by the department or
agency that preempt, in whole or in part, State or local government
powers. Each executive department or agency or independent agency shall
publish in the Federal Register a plan for such review. Such plan may
be amended by the department or agency at any time by publishing a
revision in the Federal Register.
``(2) The purpose of the review under paragraph (1) shall be to
determine whether and to what extent such rules are to continue without
change, consistent with the stated objectives of the applicable
statutes, or are to be altered or repealed to minimize the effect of
the rules on State or local government powers.
``(3) The plan under paragraph (1) shall provide for the review of
all such department or agency rules and regulations within 10 years
after the date of publication of such rules and regulations as final
rules. For rules and regulations in effect more than 10 years on the
effective date of this section, the plan shall provide for review
within 3 years after such effective date.
``(f) Any Federal rule or regulation promulgated after January 1,
1997, that is promulgated in a manner inconsistent with this section
shall not be binding on any State or local government, and shall not
preempt any State or local government law, ordinance, or regulation.''.
(b) Conforming Amendment.--The table of sections for chapter 5 of
title 5, United States Code, is amended by adding after the item for
section 559 the following:
``560. Preemption of State law.''.
SEC. 7. CONSTRUCTION.
(a) In General.--No statute, or rule promulgated under such
statute, enacted after the date of enactment of this Act, shall be
construed by courts or other adjudicative entities to preempt, in whole
or in part, any State or local government law, ordinance or regulation
unless the statute, or rule promulgated under such statute, contains an
explicit declaration of intent to preempt, or unless there is a direct
conflict between such statute and a State or local government law,
ordinance, or regulation, such that the two cannot be reconciled or
consistently stand together.
(b) Construction in Favor of States and People.--Notwithstanding
any other provisions of law, any ambiguities in this Act, or in any
other law of the United States, shall be construed in favor of
preserving the authority of the States and the people.
(c) Severability.--If any provision of this Act, or the application
thereof to any person or circumstance, is held invalid, the validity of
the remainder of the Act and the application of such provision to other
persons and circumstances shall not be affected thereby.
SEC. 8. APPROPRIATION BY STATE LEGISLATURES.
Any funds received by a State under Federal law shall be subject to
appropriation by the State legislature, consistent with the terms and
conditions required under such applicable provisions of law. | Tenth Amendment Enforcement Act of 1996 - Requires that, on or after January 1, 1997, any statute enacted by the Congress must include specified findings and declarations about the constitutional authority of the Congress in enacting such statute to preempt State and local laws. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations.
Directs the Congressional Research Service to prepare and make publicly available an annual report on the extent of Federal statutory preemption of State and local government powers enacted into law during the preceding Congress or adopted through judicial interpretation of Federal statutes.
Amends Federal law to prohibit any executive department or agency (Federal agency) from construing any statutory authorization to issue regulations as authorizing preemption of State law or local ordinance by rule-making or other agency action, unless the statute expressly authorizes issuance of preemptive regulations and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together.
Requires all States to be provided with notice and the opportunity to make meaningful and timely input when a Federal agency proposes preemptive rule making or other agency action.
Prohibits applying the Federal Advisory Committee Act to participation in rulemaking or other agency action by State or local government officials or their designated representatives.
Requires each Federal agency to publish in the Federal Register a plan for review of rules and regulations preempting State or local government powers. Requires the plan to provide for the review of such rules and regulations within ten years after the publication of such rules and regulations as final rules. Requires review, within three years of the effective date of this Act, of rules and regulations in effect more than ten years as of such effective date.
Requires that funds received by a State under Federal law shall be subject to appropriation by the State legislature. | Tenth Amendment Enforcement Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Mentoring Program
Reauthorization Act of 2012'' or the ``JUMP Reauthorization Act of
2012''.
SEC. 2. GRANTS FOR NATIONAL, STATE, AND LOCAL PROGRAMS.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part F the
following:
``PART G--MENTORING
``SEC. 299K. PURPOSES.
``The purposes of this part are--
``(1) to reduce juvenile delinquency and gang
participation;
``(2) to improve academic performance; and
``(3) to provide general guidance and promote personal and
social responsibility,
through the use of mentors for at-risk youth.
``SEC. 299L. DEFINITIONS.
``For purposes of this part--
``(1) the term `at-risk youth' means an individual less
than 18 years of age at risk of educational failure or dropping
out of school or involvement in delinquent activities;
``(2) the term `mentor' means a responsible adult who is
linked with at-risk youth in consistent contact, either as a
one-to-one mentor or in small group mentoring, establishing
supportive relationships with youth and providing youth with
exposure to new experiences that enhance the ability of at-risk
youth to become responsible citizens;
``(3) the term `one-to-one mentor' means a responsible
adult who is linked with an at-risk youth on a one-to-one
volunteer basis, establishing a supportive relationship with
the youth and providing the youth with exposure to new
experiences that enhance the youth's ability to become a
responsible citizen; and
``(4) the term `small group mentoring' means one adult
mentor forming a relationship with a small group of youths. The
mentor assumes the role of leader and makes a commitment to
meet regularly with the group over an extensive period of time
in a predetermined facility.
``SEC. 299M. GRANTS.
``The Administrator shall, by making grants to and entering into
contracts with national, regional, and local nonprofit organizations,
establish and support programs and activities for the purpose of
implementing mentoring programs that--
``(1) are designed to link at-risk children, particularly
children living in high crime areas and children experiencing
educational failure, with responsible adults; and
``(2) are intended to achieve one or more of the following
goals:
``(A) Provide general guidance to at-risk youth.
``(B) Promote personal and social responsibility
among at-risk youth.
``(C) Increase at-risk youth's participation in and
enhance their ability to benefit from elementary and
secondary education.
``(D) Discourage at-risk youth's use of illegal
drugs, violence, and dangerous weapons, and other
criminal activity.
``(E) Discourage involvement of at-risk youth in
gangs.
``(F) Encourage at-risk youth's participation in
community service and community activities.
``SEC. 299N. REGULATIONS AND GUIDELINES.
``The Administrator shall develop and distribute to program
participants specific model guidelines for the screening of prospective
program mentors.
``SEC. 299O. USE OF GRANTS.
``(a) Permitted Uses.--Grants awarded pursuant to this part shall
be used to implement mentoring programs, including--
``(1) hiring of mentoring coordinators and support staff;
``(2) recruitment, screening, and training of adult
mentors;
``(3) reimbursement of mentors for reasonable incidental
expenditures such as transportation that are directly
associated with mentoring;
``(4) training of mentoring program staff in effective
practices; and
``(5) such other purposes as the Administrator may
reasonably prescribe by regulation.
``(b) Additional Permitted Uses for National Grants.--In addition
to the uses set forth in subsection (a), national grants awarded
pursuant to this part may be used to implement and improve mentoring
programs, including--
``(1) the establishment and implementation of quality
assurance services, including best practices for the screening
of mentors and supervision of mentoring relationships;
``(2) the establishment and implementation of child safety
standards;
``(3) the establishment and implementation of information
technology systems to track the effectiveness of program
models; and
``(4) research evaluations to inform best practices.
``(c) Prohibited Uses.--Grants awarded pursuant to this part shall
not be used--
``(1) to support litigation of any kind; or
``(2) for any other purpose reasonably prohibited by the
Administrator by regulation.
``SEC. 299P. CONSIDERATIONS.
``(a) In General.--In making grants under this part, the
Administrator shall give priority for awarding grants to applicants
that--
``(1) serve at-risk youth in high crime areas;
``(2) have 60 percent or more of their youth eligible to
receive funds under the Elementary and Secondary Education Act
of 1965 (20 U.S.C. et seq.);
``(3) establish and support mentoring programs that serve
at-risk youth in public housing sites or on Native American
lands; and
``(4) serve at-risk youth with a parent in the military,
including a deployed parent.
``(b) Other Considerations.--In making grants under this part, the
Administrator shall give consideration to--
``(1) the quality of a mentoring plan, including--
``(A) the resources, if any, that will be dedicated
to providing participating youth with opportunities for
job training or postsecondary education; and
``(B) the degree to which there is appropriate
coordination with the local community to ensure the
mentoring plan will continue to be implemented once the
grant is discontinued; and
``(2) the capability of the applicant to effectively
implement the mentoring plan.
``SEC. 299Q. APPLICATIONS.
``An application for assistance under this part shall include--
``(1) information on the youth expected to be served by the
program;
``(2) a provision for a mechanism for matching youth with
mentors based on the needs of the youth;
``(3) an assurance that projects will be monitored to
ensure that each youth benefits from a mentor relationship,
with provision for a new mentor assignment if the relationship
is not beneficial to the youth;
``(4) the method by which mentors and youth will be
recruited to the project;
``(5) the method by which prospective mentors will be
screened;
``(6) the training that will be provided to mentors; and
``(7) the method by which outcomes for youth will be
measured and the strength of the mentoring relationship
monitored.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5671) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Parts
C and E'' and inserting ``Parts C, E, and G''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``parts C and E'' and
inserting ``parts C, E, and G'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Authorization of Appropriations for Part G.--There are
authorized to be appropriated to carry out part G, and authorized to
remain available until expended, $100,000,000 for each of fiscal years
2013 through 2017.''. | Juvenile Mentoring Program Reauthorization Act of 2012 or the JUMP Reauthorization Act of 2012 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award grants to and enter into contracts with national, regional, and local nonprofit organizations to implement mentoring programs that link at-risk youth with responsible adults to provide general guidance to such youth, promote personal and social responsibility, increase at-risk youth's participation in and enhance their ability to benefit from elementary and secondary education, discourage use of illegal drugs and dangerous weapons and involvement in gangs, and encourage participation in community service and activities. Defines "at-risk youth" as individuals under age 18 who are at risk of educational failure or involvement in delinquent activities.
Requires the Administrator to develop and distribute to program participants specific model guidelines for screening prospective program mentors.
Gives priority to grant applicants that: (1) serve at-risk youth in high crime areas; (2) have at least 60% of their youth eligible to receive funds under the Elementary and Secondary Education Act of 1965; (3) establish and support mentoring programs that serve at-risk youth in public housing or on Native American lands; and (4) serve at-risk youth with a parent in the military, including a deployed parent. | A bill to provide grants for juvenile mentoring. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neuromyelitis Optica Consortium
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Neuromyelitis optica (NMO) is a devastating neurologic
disease leading to blindness and paralysis.
(2) There are an estimated 16,000 to 17,000 people with NMO
in the United States and a quarter-million worldwide.
(3) Women are affected 4 to 5 times more than men, and
Afro-Caribbeans are about 2.5 times more predisposed to NMO
than Caucasians. The reasons why Blacks are disproportionately
affected cannot be fully understood without further studies.
(4) The average age at diagnosis is between 40 and 50
years, but the range is broad and includes children as young as
3 years of age and adults as old as 90 years of age.
(5) NMO incurs substantial costs for affected patients and
their families.
(6) The cause of NMO is unknown, but it is hypothesized to
be autoimmune in nature.
(7) More than 90 percent of NMO patients will suffer
recurrent disease and accumulate neurologic disability.
(8) Because of their relatively low overall incidence,
orphan diseases like NMO frequently do not receive sufficient
attention and research funding.
(9) No single institution has a sufficient number of
patients to independently conduct research that will adequately
address the cause of NMO.
(10) There has been no comprehensive study analyzing all
relevant clinical, biological, and epidemiological aspects of
NMO to identify potential risk factors and biomarkers for NMO.
(11) We can apply our understanding of NMO to the study of
other autoimmune diseases, including multiple sclerosis and
systemic lupus erythematosus.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that there is a need--
(1) to establish and coordinate a multicenter research
effort based on collaboration between regional consortia and
governmental and nongovernmental entities in order to--
(A) comprehensively study the causes of NMO; and
(B) identify potential biomarkers of disease
activity; and
(2) to encourage a collaborative effort among academic
medical centers with epidemiological study groups to gather
comprehensive and detailed information for each patient
enrolled in those groups, in order to investigate
environmental, nutritional, and genetic factors with respect
to, and the pathological and epidemiological characteristics
of, NMO.
SEC. 4. ESTABLISHMENT OF THE NATIONAL NEUROMYELITIS OPTICA CONSORTIUM.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding after section 409J the following new
section:
``SEC. 409K. NATIONAL NEUROMYELITIS OPTICA CONSORTIUM.
``(a) Establishment of the National Neuromyelitis Optica
Consortium.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary, acting through
the Director of NIH, and in coordination with the Director of
the National Institute on Minority Health and Health
Disparities, shall establish, administer, and coordinate a
National Neuromyelitis Optica Consortium (in this section
referred to as the `NNO Consortium') for the purposes described
in paragraph (2).
``(2) Purposes.--The purposes of the NNO Consortium shall
be the following:
``(A) Providing grants of not fewer than 5 years
duration to eligible consortia for the purpose of
conducting research with respect to the causes of, and
the risk factors and biomarkers associated with, NMO.
``(B) Assembling a panel of experts to provide,
with respect to research funded by the NNO Consortium,
ongoing guidance and recommendations for the
development of the following:
``(i) A common study design.
``(ii) Standard protocols, methods,
procedures, and assays for collecting from
individuals enrolled as study participants a
minimum dataset that includes the following:
``(I) Complete medical history.
``(II) Neurologic examination.
``(III) Biospecimens, including
blood, spinal fluid, DNA, and RNA.
``(IV) Radiological data, including
magnetic resonance imaging (MRI).
``(iii) Specific analytical methods for
examining data.
``(iv) Provisions for consensus review of
enrolled cases.
``(v) An integrated data collection
network.
``(C) Designating a central laboratory to collect,
analyze, and aggregate data with respect to research
funded by the NNO Consortium and to make such data and
analysis available to researchers.
``(3) Eligible consortia.--To be eligible for a grant under
this section, a consortium shall demonstrate the following:
``(A) The consortium has the capability to enroll
as research participants a minimum of 25 individuals
with a diagnosis of NMO from the consortium's
designated catchment area.
``(B) The designated catchment area of the
consortium does not overlap with the designated
catchment area of another consortium already receiving
a grant under this section.
``(4) Report.--Not later than 1 year after the date of the
enactment of this section, and annually thereafter, the
Secretary, acting through the Director of NIH, shall submit to
Congress a report with respect to the NNO Consortium, to be
made publicly available, including a summary of research funded
by the NNO Consortium and a list of consortia receiving grants
through the NNO Consortium. At the discretion of the Secretary,
such report may be combined with other similar or existing
reports.
``(5) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated $25,000,000 for each of fiscal years 2018
through 2021, to remain available until expended, to
carry out this section.
``(B) Sense of congress.--It is the sense of
Congress that funds appropriated to carry out this
section should be in addition to funds otherwise
available or appropriated to carry out the activities
described in this section.
``(b) Definitions.--For purposes of this section:
``(1) Catchment area.--The term `catchment area' means a
defined area for which population data are available.
``(2) Consortium.--The term `consortium' means a
partnership of two or more universities, health care
organizations, or government agencies, or any combination of
such entities, serving a designated catchment area.''. | Neuromyelitis Optica Consortium Act This bill amends the Public Health Service Act to require the National Institutes of Health to establish, administer, and coordinate a national consortium on neuromyelitis optica (NMO), which is a neurological disease that can cause blindness and paralysis. The consortium must: award grants for research on the causes of, and the risk factors and biomarkers associated with, NMO; assemble a panel of experts to provide guidance and recommendations on research design and protocols; and designate a central laboratory to collect and analyze data from this research and to make the data and analysis available to researchers. | Neuromyelitis Optica Consortium Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ban on Smoking in Federal Buildings
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) environmental tobacco smoke is a cause of lung cancer
in healthy nonsmokers and is responsible for acute and chronic
respiratory problems and other health impacts among sensitive
populations;
(2) environmental tobacco smoke comes from secondhand smoke
exhaled by smokers and sidestream smoke emitted from the
burning of cigarettes, cigars, and pipes;
(3) citizens of the United States spend up to 90 percent of
a day indoors and, consequently, there is a significant
potential for exposure to environmental tobacco smoke from
indoor air;
(4) exposure to environmental tobacco smoke occurs in
public buildings and other indoor facilities; and
(5) the health risks posed by environmental tobacco smoke
exceed the risks posed by many environmental pollutants
regulated by the Environmental Protection Agency.
SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS.
(a) Smoking Prohibition.--On and after the 180th day after the date
of the enactment of this Act, smoking shall be prohibited in any indoor
portion of a Federal building.
(b) Enforcement.--
(1) Executive branch buildings.--The Administrator of
General Services shall issue regulations, and take such other
actions as may be necessary, to institute and enforce the
prohibition contained in subsection (a) as such prohibition
applies to Federal buildings owned or leased for use by an
Executive Agency.
(2) Judicial branch buildings.--The Director of the
Administrative Office of the United States Courts shall take
such actions as may be necessary to institute and enforce the
prohibition contained in subsection (a) as such prohibition
applies to Federal buildings owned or leased for use by an
establishment in the judicial branch of the Government.
(3) Legislative branch buildings.--
(A) House of representatives.--The House Office
Building Commission shall take such actions as may be
necessary to institute and enforce the prohibition
contained in subsection (a) as such prohibition applies
to Federal buildings owned or leased for use by the
House of Representatives.
(B) Senate.--The Committee on Rules and
Administration of the Senate shall take such actions as
may be necessary to institute and enforce the
prohibition contained in subsection (a) as such
prohibition applies to Federal buildings owned or
leased for use by the Senate.
(C) Other establishments.--The Architect of the
Capitol shall take such actions as may be necessary to
institute and enforce the prohibition contained in
subsection (a) as such prohibition applies to Federal
buildings owned or leased for use by an establishment
in the legislative branch of the Government (other than
the House of Representatives and the Senate).
SEC. 4. PREEMPTION.
Nothing in this Act is intended to preempt any provision of law of
a State or political subdivision of a State that is more restrictive
than a provision of this Act.
SEC. 5. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Executive agency.--The term ``Executive agency'' has
the same meaning such term has under section 105 of title 5,
United States Code.
(2) Federal agency.--The term ``Federal agency'' means any
Executive agency and any establishment in the legislative or
judicial branches of the Government.
(3) Federal building.--The term ``Federal building'' means
any building or other structure (or portion thereof) owned or
leased for use by a Federal agency; except that such term does
not include any building or other structure on a military
installation, any health care facility under the jurisdiction
of the Secretary of Veterans Affairs, or any area of a building
that is used primarily as living quarters.
(4) Military installation.--The term ``military
installation'' means a base, camp, post, station, yard, center,
homeport facility for any ship, or other facility under the
jurisdiction of the Department of Defense, including any leased
facility. Such term does not include any facility used
primarily for civil works (including any rivers and harbors
project or flood control project). | Ban on Smoking in Federal Buildings Act - Prohibits smoking in any indoor portion of a Federal building. | Ban on Smoking in Federal Buildings Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthen the Earned Income Tax
Credit Act of 2009''.
SEC. 2. STRENGTHEN THE EARNED INCOME TAX CREDIT.
(a) Reduction in Marriage Penalty.--
(1) In general.--Subparagraph (B) of section 32(b)(2) of
the Internal Revenue Code of 1986 is amended by striking
``increased by'' and all that follows and inserting ``increased
by $5,000.''.
(2) Inflation adjustment.--Clause (ii) of section
32(j)(1)(B) of such Code is amended--
(A) by striking ``$3,000 amount in subsection
(b)(2)(B)(iii)'' and inserting ``$5,000 amount in
subsection (b)(2)(B)'', and
(B) by striking ``calendar year 2007'' and
inserting ``calendar year 2008''.
(b) Increase in Credit Percentage for Families With 3 or More
Children.--The table contained in section 32(b)(1)(A) of the Internal
Revenue Code of 1986 (relating to percentages) is amended--
(1) by striking ``2 or more qualifying children'' in the
second row and inserting ``2 qualifying children'', and
(2) by inserting after the second row the following new
item:
----------------------------------------------------------------------------------------------------------------
``3 or more qualifying children.................................. 45................................... 21.06'
'.
----------------------------------------------------------------------------------------------------------------
(c) Increased Credit for Individuals With No Qualifying Children.--
(1) In general.--The table in subparagraph (A) of section
32(b)(2) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``$4,220'' in the second column and
inserting ``$7,250'', and
(B) by striking ``$5,280'' in the last column and
inserting ``$14,500''.
(2) Transitional phaseout amount for 2009.--
(A) In general.--Section 32(b)(2) of such Code, as
amended by subsection (a), is amended by redesignating
subparagraph (B) as subparagraph (C) and by inserting
after subparagraph (A) the following new subparagraph:
``(B) Transitional phaseout amount for eligible
individuals with no qualifying children in 2009.--In
the case of taxable years beginning in 2009, the
phaseout amount for an eligible individual with no
qualifying children shall be $13,800.''.
(B) Conforming amendment.--Subparagraph (C) of
section 32(b)(2) of such Code, as redesignated by
paragraph (2), is amended by inserting ``or (B)'' after
``subparagraph (A)''.
(3) Inflation adjustments.--Subparagraph (B) of section
32(j)(1) of the Internal Revenue Code of 1986, as amended by
subsection (a), is amended--
(A) in clause (i)--
(i) by inserting ``(other than the amounts
relating to individuals with no qualifying
children)'' after ``(b)(2)(A)'', and
(ii) by striking ``and'' at the end,
(B) in clause (ii)--
(i) by striking ``(b)(2)(B)'' and inserting
``(b)(2)(C) and the $7,250 amount in the table
in subsection (b)(2)(A)'', and
(ii) by striking the period and inserting
``, and'', and
(C) by adding at the end the following new clause:
``(iii) in the case of the $14,500 amount
in the table in subsection (b)(2)(A), by
substituting `calendar year 2009' for `calendar
year 1992' in subparagraph (B) of such section
1.''.
(d) Credit Increase and Reduction in Phaseout for Individuals With
No Children.--The table contained in section 32(b)(1)(A) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``7.65'' in the second column of the third
row and inserting ``15.3'', and
(2) by striking ``7.65'' in the third column of the third
row and inserting ``15.3''.
(e) Credit Allowed for Certain Childless Individuals Over Age 21.--
Subclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code
of 1986 (relating to eligible individual) is amended by striking ``age
25'' and inserting ``age 21''.
(f) Modification of Abandoned Spouse Rule.--
(1) In general.--Section 32(c)(1) of the Internal Revenue
Code of 1986 (relating to eligible individual) is amended by
adding at the end the following new paragraph:
``(G) Certain married individuals living apart.--
For purposes of this section, an individual who--
``(i) is married (within the meaning of
section 7703(a)) and files a separate return
for the taxable year,
``(ii) lives with a qualifying child of the
individual for more than one-half of such
taxable year, and
``(iii) during the last 6 months of such
taxable year, does not have the same principal
place of abode as the individual's spouse,
shall not be considered as married.''.
(2) Conforming amendments.--
(A) The last sentence of section 32(c)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking
``section 7703'' and inserting ``section 7703(a)''.
(B) Section 32(d) of such Code is amended by
striking ``In the case of an individual who is married
(within the meaning of section 7703)'' and inserting
``In the case of an individual who is married (within
the meaning of section 7703(a)) and is not described in
subsection (c)(1)(G)''.
(g) Elimination of Disqualified Investment Income Test.--
(1) In general.--Section 32 of the Internal Revenue Code of
1986 is amended by striking subsection (i).
(2) Conforming amendments.--
(A) Section 32(j)(1)(B)(i) of such Code, as amended
by this Act, is amended--
(i) by striking ``subsections'' and
inserting ``subsection'', and
(ii) by striking ``and (i)(1)''.
(B) Section 32(j)(2) of such Code is amended to
read as follows:
``(2) Rounding.--If any dollar amount in subsection
(b)(2)(A) (after being increased under subparagraph (B)
thereof), after being increased under paragraph (1), is not a
multiple of $10, such amount shall be rounded to the next
nearest multiple of $10.''.
(h) Simplification of Rules Regarding Presence of Qualifying
Child.--
(1) Taxpayer eligible for credit for worker without
qualifying child if qualifying child claimed by another member
of family.--Section 32(c)(1) of the Internal Revenue Code of
1986 (relating to eligible individual), as amended by this Act,
is amended by adding at the end the following new paragraph:
``(H) Taxpayer eligible for credit for worker
without qualifying child if qualifying child claimed by
another member of family.--
``(i) General rule.--Except as provided in
clause (ii), in the case of 2 or more eligible
individuals who may claim for such taxable year
the same individual as a qualifying child, if
such individual is claimed as a qualifying
child by such an eligible individual, then any
other such eligible individual who does not
make such a claim of such child or of any other
qualifying child may be considered an eligible
individual without a qualifying child for
purposes of the credit allowed under this
section for such taxable year.
``(ii) Exception if qualifying child
claimed by parent.--If an individual is claimed
as a qualifying child for any taxable year by
an eligible individual who is a parent of such
child, then no other parent of such child who
does not make such a claim of such child or of
any other qualifying child may be considered an
eligible individual without a qualifying child
for purposes of the credit allowed under this
section for such taxable year.''.
(2) Taxpayer eligible for credit for worker without
qualifying child if qualifying children do not have valid
social security number.--Subparagraph (F) of section 32(c)(1)
of the Internal Revenue Code of 1986 is amended to read as
follows:
``(F) Individuals who do not include tin, etc., of
any qualifying child.--In the case of any eligible
individual who has one or more qualifying children, if
no qualifying child of such individual is taken into
account under subsection (b) by reason of paragraph
(3)(D), for purposes of the credit allowed under this
section, such individual may be considered an eligible
individual without a qualifying child.''.
(i) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
(j) Repeal of EGTRRA Sunset.--Title IX of the Economic Growth and
Tax Relief Reconciliation Act of 2001 (relating to sunset provisions of
such Act) shall not apply to section 303 of such Act. | Strengthen the Earned Income Tax Credit Act of 2009 - Amends the Internal Revenue Code to: (1) make permanent the reduction in the marriage penalty applicable to the earned income tax credit; (2) increase the rate of such credit for families with three or more children and for individuals without children; (3) modify earned income tax credit requirements relating to abandoned spouses and qualifying children; and (4) repeal provisions denying such credit for individuals with excessive investment income. | A bill to amend the Internal Revenue Code of 1986 to strengthen the earned income tax credit. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Fairness Act of 2007''.
SEC. 2. TESTING FOR DISCRIMINATION.
(a) In General.--The Secretary of Housing and Urban Development
shall conduct a nationwide program of testing to--
(1) detect and document differences in the treatment of
persons seeking to rent or purchase housing or obtain or
refinance a home mortgage loan, and measure patterns of adverse
treatment because of the race, color, religion, sex, familial
status, disability status, or national origin of a renter, home
buyer, or borrower; and
(2) measure the prevalence of such discriminatory practices
across the housing and mortgage lending markets as a whole.
(b) Administration.--The Secretary of Housing and Urban Development
shall enter into agreements with qualified fair housing enforcement
organizations, as such organizations are defined under subsection (h)
of section 561 of the Housing and Community Development Act of 1987 (42
U.S.C. 3616a(h)), for the purpose of conducting the testing required
under subsection (a).
(c) Report.--The Secretary of Housing and Urban Development shall
report to Congress--
(1) on a biennial basis, the results of each round of
testing required under subsection (a) along with any
recommendations or proposals for legislative or administrative
action to address any issues raised by such testing; and
(2) on an annual basis, a detailed summary of the calls
received by the Fair Housing Administration's 24-hour toll-free
telephone hotline.
(d) Use of Results.--The results of any testing required under
subsection (a) may be used as the basis for the Secretary, or any State
or local government or agency, public or private nonprofit organization
or institution, or other public or private entity that the Secretary
has entered into a contract or cooperative agreement with under section
561 of the Housing and Community Development Act of 1987 (42 U.S.C.
3616a) to commence, undertake, or pursue any investigation or
enforcement action to remedy any discrimination uncovered as a result
of such testing.
(e) Definitions.--As used in this section:
(1) Disability status.--The term ``disability status'' has
the same meaning given the term ``handicap'' in section 802 of
the Civil Rights Act of 1968 (42 U.S.C. 3602).
(2) Familial status.--The term ``familial status'' has the
same meaning given that term in section 802 of the Civil Rights
Act of 1968 (42 U.S.C. 3602).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the provisions of this section $20,000,000
for fiscal year 2008 and each fiscal year thereafter.
SEC. 3. INCREASE IN FUNDING FOR THE FAIR HOUSING INITIATIVES PROGRAM.
Section 561 of the Housing and Community Development Act of 1987
(42 U.S.C. 3616a) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``qualified''
before ``private nonprofit fair housing enforcement
organizations,''; and
(B) in paragraph (2), by inserting ``qualified''
before ``private nonprofit fair housing enforcement
organizations,'';
(2) by striking subsection (g) and inserting the following:
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out the provisions of this section $52,000,000 for
each of fiscal years 2008 through 2012, of which--
``(A) not less than 75 percent of such amounts
shall be for private enforcement initiatives authorized
under subsection (b);
``(B) not more than 10 percent of such amounts
shall be for education and outreach programs under
subsection (d); and
``(C) any remaining amounts shall be used for
program activities authorized under this section.
``(2) Availability.--Any amount appropriated under this
section shall remain available until expended.'';
(3) in subsection (h), in the matter following subparagraph
(C), by inserting ``and meets the criteria described in
subparagraphs (A) and (C)'' after ``subparagraph (B)''; and
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period and inserting ``; and''; and
(iii) by adding inserting after
subparagraph (D) the following new
subparagraph:
``(E) websites and other media outlets.'';
(B) in paragraph (2), by striking ``or other public
or private entities'' and inserting ``or other public
or private nonprofit entities''; and
(C) in paragraph (3), by striking ``or other public
or private entities'' and inserting ``or other public
or private nonprofit entities''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that the Secretary of Housing and Urban
Development should--
(1) fully comply with the requirements of section 561(d) of
the Housing and Community Development Act of 1987 (42 U.S.C.
3616a(d)) to establish, design, and maintain a national
education and outreach program to provide a centralized,
coordinated effort for the development and dissemination of the
fair housing rights of individuals who seek to rent, purchase,
sell, or facilitate the sale of a home;
(2) utilize all amounts appropriated for such education and
outreach program under section 561(g) of such Act; and
(3) promulgate regulations regarding the fair housing
obligations of each recipient of Federal housing funds to
affirmatively further fair housing, as that term is defined
under title VIII of the Civil Rights Act of 1968 (42 U.S.C.
3601 et seq.).
SEC. 5. GRANTS TO PRIVATE ENTITIES TO STUDY HOUSING DISCRIMINATION.
(a) Grant Program.--The Secretary of Housing and Urban Development
shall carry out a competitive matching grant program to assist private
nonprofit organizations in--
(1) conducting comprehensive studies that examine--
(A) the causes of housing discrimination and
segregation; and
(B) the effects of housing discrimination and
segregation on education, poverty, and economic
development; and
(2) implementing pilot projects that test solutions that
will help prevent or alleviate housing discrimination and
segregation.
(b) Eligibility.--To be eligible to receive a grant under this
section, a private nonprofit organization shall--
(1) submit an application to the Secretary of Housing and
Urban Development, containing such information as the Secretary
shall require; and
(2) agree to provide matching non-Federal funds for 25
percent of the total amount of the grant, which matching funds
may include items donated on an in-kind contribution basis.
(c) Preference.--In awarding any grant under this section, the
Secretary of Housing and Urban Development shall give preference to any
applicant who is--
(1) a qualified fair housing enforcement organization, as
such organization is defined under subsection (h) of section
561 of the Housing and Community Development Act of 1987 (42
U.S.C. 3616a(h)); or
(2) a partner of any such organization.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the provisions of this section $5,000,000 for
each of fiscal years 2008 through 2012. | Housing Fairness Act of 2007 - Instructs the Secretary of Housing and Urban Development to conduct, and report to Congress on, a nationwide testing program to: (1) detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan; (2) measure patterns of adverse treatment because of the race, color, religion, sex, familial status, disability status, or national origin of a renter, home buyer, or borrower; and (3) measure the prevalence of such discriminatory practices across housing and mortgage lending markets.
Amends the Housing and Community Development Act of 1987 to reauthorize the fair housing initiatives program.
Expresses the sense of Congress that the Secretary should: (1) fully comply with such Act's requirements to establish, design, and maintain a national education and outreach program for the development and dissemination of the fair housing rights of individuals who seek to rent, purchase, sell, or facilitate the sale of a home; (2) use all amounts appropriated for such program; and (3) promulgate regulations on the fair housing obligations of each recipient of federal housing funds to affirmatively further fair housing.
Directs the Secretary to implement a competitive matching grant program to assist private nonprofit organizations in: (1) conducting comprehensive studies of specified aspects of the causes and effects of housing discrimination and segregation; and (2) implementing pilot projects that test solutions to help prevent or alleviate housing discrimination and segregation. | To authorize funds to prevent housing discrimination through the use of nationwide testing, to increase funds for the Fair Housing Initiatives Program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Integrity Through
Transparency and Technology (FITT) Act of 2009''.
TITLE I--CONSTRAINING THE GROWTH OF THE FEDERAL GOVERNMENT
SEC. 101. CONSTRAINING GROWTH.
(a) Constraining Growth.--Title III of the Congressional Budget Act
of 1974 is amended by adding at the end the following new section:
``constraining the growth of the federal government
``Sec. 316. (a) Point of Order.--It shall not be in order in the
House of Representatives or the Senate to consider any concurrent
resolution on the budget for any fiscal year if the percentage increase
for the projected total outlays for such fiscal year compared to the
projected total outlays for the preceding fiscal year set forth in the
most recently agreed to concurrent resolution on the budget exceeds the
allowable growth percentage.
``(b) Allowable Growth Percentage.--As used in subsection (a), the
term `allowable growth percentage' for the applicable fiscal year
refers to the mean of the annual percentage growth of mean earnings of
full-time, year-round workers; compensation of employees; and gross
domestic product (GDP) for the United States for the most recent
calendar year for which such data may be obtained from the U.S. Census
Bureau and the Bureau of Economic Analysis (BEA) of the Department of
Commerce compared to the immediately preceding calendar year before the
concurrent resolution on the budget for the applicable fiscal year is
reported by the Committee on the Budget of the House of Representatives
or Senate, as the case may be.
``(c) Super Majority Required for Waiver.--Subsection (a) may be
waived or suspended in the House of Representatives or the Senate by a
two-thirds vote of its Members voting, a quorum being present.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Act of 1974 is
amended by adding after the item relating to section 315 the following
new item:
``Sec. 316. Constraining the Growth of the Federal Government.''.
TITLE II--EFFICIENCY AND RESPONSIBILITY FROM THE FEDERAL GOVERNMENT
SEC. 201. ANNUAL REPORTS BY FEDERAL DEPARTMENTS AND AGENCIES TO
GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Report Requirement.--Each Federal department and agency
annually shall submit to the Comptroller General a report on the total
operating costs of the department or agency for the year covered by the
report, with a separate statement containing details on waste, fraud,
and abuse during such year.
(b) Audit by GAO.--Each year the Comptroller General shall randomly
select 10 percent of the reports submitted under subsection (a) and
audit the reports.
(c) Intelligence Report Requirement.--Each intelligence department
and agency of the Federal Government, and each intelligence-related
division within a department or agency, shall submit to the Select
Committee on Intelligence of the House of Representatives the total
operating costs of the agency, department, or division for the year
covered by the report, with a separate statement containing details on
waste, fraud, and abuse during such year.
(d) First Reports.--The first reports under this section shall be
submitted not later than one year after the date of the enactment of
this Act.
SEC. 202. ANNUAL REPORT BY COMPTROLLER GENERAL.
(a) Annual GAO Report on Reports of Federal Departments and
Agencies.--The Comptroller General shall submit to Congress an annual
report on the results of the reports submitted under section 201(a).
(b) First Report.--The first report under this section shall be
submitted not later than 18 months after the date of the enactment of
this Act.
SEC. 203. PLAN FOR REDUCTION OF OPERATIONAL COSTS OF FEDERAL
DEPARTMENTS AND AGENCIES.
(a) Plan Requirement.--Not later than one year after the date of
the enactment of this Act, each Federal department or agency shall
design a plan to reduce its operational costs from $.36 of every $1.00
appropriated to the department or agency to $.15 of every $1.00 (or
reduce their operational costs by 41.67 percent) appropriated to the
department or agency through the use of new technologies and standard
management practices.
(b) Implementation of Plan.--Not later than 10 years after the date
of the enactment of this Act, each Federal department or agency shall
implement the plan for the department or agency developed under
subsection (a).
(c) Annual Progress Reports.--Each Federal department or agency
shall submit to Congress a report each year detailing the progress of
the department or agency in implementing the plan for the department or
agency developed under subsection (a).
SEC. 204. INFORMING TAXPAYERS.
(a) Statement To Appear on Tax Returns.--The Secretary of the
Treasury shall include, on each form for making the return of tax
imposed under chapter 1 of the Internal Revenue Code of 1986, a
statement of the aggregate dollar amount of waste, fraud, and abuse by
all Federal departments and agencies for the most recent year for which
the Secretary has received information under subsection (b).
(b) Determination of Aggregate Waste, Fraud, and Abuse by
Comptroller General.--The Comptroller General shall annually report to
the Secretary of the Treasury the aggregate dollar amount of waste,
fraud, and abuse by all Federal departments and agencies as determined
by the Comptroller General on the basis of the reports submitted by
Federal departments and agencies under section 201. | Fiscal Integrity through Transparency and Technology (FITT) Act of 2009 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or in the Senate to consider any budget resolution for any fiscal year if the percentage increase for the projected total outlays compared to the projected total outlays for the preceding fiscal year exceeds the allowable growth percentage, as determined according to a specified formula.
Requires a super majority vote in either chamber to waive or suspend such prohibition.
Requires federal departments and agencies to report annually to the Comptroller General, and federal intelligence departments and agencies and their intelligence-related divisions to report annually to the House Select Committee on Intelligence, on total department or agency operating costs for the year, with a separate statement detailing waste, fraud, and abuse during such year.
Requires each federal department or agency to design and implement a plan to reduce its operational costs from $.36 to $.15 of every $1.00 appropriated to it (or reduce such costs by 41.67%) through the use of new technologies and standard management practices.
Requires the Secretary of the Treasury to include, on each federal tax return, a statement of the aggregate dollar amount of waste, fraud, and abuse by all federal departments and agencies for the most recent year accounted for. | To amend the Congressional Budget and Impoundment Control Act of 1974 to require that concurrent resolutions on the budget limit the growth of Federal spending to the mean of annual percentage growth of wages and gross domestic product (GDP) in the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Assistance for Rape
Emergencies Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is estimated that 25,000 to 32,000 women become
pregnant each year as a result of rape or incest. An estimated
22,000 of these pregnancies could be prevented if rape
survivors had timely access to emergency contraception.
(2) A 1996 study of rape-related pregnancies (published in
the American Journal of Obstetrics and Gynecology) found that
50 percent of the pregnancies described in paragraph (1) ended
in abortion.
(3) Surveys have shown that many hospitals do not routinely
provide emergency contraception to women seeking treatment
after being sexually assaulted.
(4) The risk of pregnancy after sexual assault has been
estimated to be 4.7 percent in survivors who were not protected
by some form of contraception at the time of the attack.
(5) The Food and Drug Administration has declared emergency
contraception to be safe and effective in preventing unintended
pregnancy, reducing the risk by as much as 89 percent.
(6) Medical research strongly indicates that the sooner
emergency contraception is administered, the greater the
likelihood of preventing unintended pregnancy.
(7) In light of the safety and effectiveness of emergency
contraceptive pills, both the American Medical Association and
the American College of Obstetricians and Gynecologists have
endorsed more widespread availability of such pills.
(8) The American College of Emergency Physicians and the
American College of Obstetricians and Gynecologists agree that
offering emergency contraception to female patients after a
sexual assault should be considered the standard of care.
(9) Nine out of ten women of reproductive age remain
unaware of emergency contraception. Therefore, women who have
been sexually assaulted are unlikely to ask for emergency
contraception.
(10) New data from a survey of women having abortions
estimates that 51,000 abortions were prevented by use of
emergency contraception in 2000 and that increased use of
emergency contraception accounted for 43 percent of the
decrease in total abortions between 1994 and 2000.
(11) It is essential that all hospitals that provide
emergency medical treatment provide emergency contraception as
a treatment option to any woman who has been sexually
assaulted, so that she may prevent an unintended pregnancy.
SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF
EMERGENCY CONTRACEPTIVES WITHOUT CHARGE.
(a) In General.--Federal funds may not be provided to a hospital
under any health-related program, unless the hospital meets the
conditions specified in subsection (b) in the case of--
(1) any woman who presents at the hospital and states that
she is a victim of sexual assault, or is accompanied by someone
who states she is a victim of sexual assault; and
(2) any woman who presents at the hospital whom hospital
personnel have reason to believe is a victim of sexual assault.
(b) Assistance for Victims.--The conditions specified in this
subsection regarding a hospital and a woman described in subsection (a)
are as follows:
(1) The hospital promptly provides the woman with medically
and factually accurate and unbiased written and oral
information about emergency contraception, including
information explaining that--
(A) emergency contraception does not cause an
abortion; and
(B) emergency contraception is effective in most
cases in preventing pregnancy after unprotected sex.
(2) The hospital promptly offers emergency contraception to
the woman, and promptly provides such contraception to her on
her request.
(3) The information provided pursuant to paragraph (1) is
in clear and concise language, is readily comprehensible, and
meets such conditions regarding the provision of the
information in languages other than English as the Secretary
may establish.
(4) The services described in paragraphs (1) through (3)
are not denied because of the inability of the woman or her
family to pay for the services.
(c) Definitions.--For purposes of this section:
(1) The term ``emergency contraception'' means a drug, drug
regimen, or device that is--
(A) used postcoitally;
(B) prevents pregnancy by delaying ovulation,
preventing fertilization of an egg, or preventing
implantation of an egg in a uterus; and
(C) is approved by the Food and Drug
Administration.
(2) The term ``hospital'' has the meanings given such term
in title XVIII of the Social Security Act, including the
meaning applicable in such title for purposes of making
payments for emergency services to hospitals that do not have
agreements in effect under such title.
(3) The term ``Secretary'' means the Secretary of Health
and Human Services.
(4) The term ``sexual assault'' means coitus in which the
woman involved does not consent or lacks the legal capacity to
consent.
(d) Effective Date; Agency Criteria.--This section takes effect
upon the expiration of the 180-day period beginning on the date of the
enactment of this Act. Not later than 30 days prior to the expiration
of such period, the Secretary shall publish in the Federal Register
criteria for carrying out this section. | Compassionate Assistance for Rape Emergencies Act - Requires hospitals, as a condition of receiving Federal funds, to provide emergency contraception to a woman who is a victim of sexual assault. | To provide for the provision by hospitals of emergency contraceptives to women who are survivors of sexual assault. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Abduction Prevention Act of
2004''.
SEC. 2. FINDINGS.
Congress findings that--
(1) each year more than 203,000 children in the United
States (approximately 78 percent of all abducted children) are
abducted by a family member, usually a parent;
(2) more than half of the parents who abduct their children
have a history of alcohol or substance abuse, a criminal
record, or a history of violence;
(3) the most common motive for family abduction is revenge
against the other parent, not protecting the child's safety;
(4) children who are abducted by family members suffer
emotional, psychological, and often physical abuse at the hands
of their abductors;
(5) children who are victims of family abductions are
forced to leave behind family, friends, their homes, their
neighborhoods, their schools, and all that is familiar to them;
(6) children who are victims of family abductions are often
told that the parent who did not abduct the child has died,
does not love them, or will harm them;
(7) children who are abducted by their parents or other
family members are sometimes forced to live in fear of
discovery and may be compelled to conceal their true identity,
including their real names, family histories, and even their
gender;
(8) children who are victims of family abductions are often
denied the opportunity to attend school or to receive health
and dental care;
(9) child psychologists and law enforcement authorities now
classify family abduction as a form of child abuse;
(10) approximately 70 percent of local law enforcement
agencies do not have written guidelines for what to do in the
event of a family abduction or how to facilitate the recovery
of an abducted child;
(11) the first few hours of a family abduction are crucial
to recovering an abducted child, and valuable hours are lost
when law enforcement is not prepared to employ the most
effective techniques to locate and recover abducted children;
(12) when parents who may be inclined to abduct their own
children receive counseling and education on the harm suffered
by children under these circumstances, the incidence of family
abductions is greatly reduced; and
(13) where practiced, the flagging of school records has
proven to be an effective tool in assisting law enforcement
authorities find abducted children.
SEC. 3. DEFINITIONS.
In this Act:
(1) Family abduction.--The term ``family abduction'' means
the taking, keeping, or concealing of a child or children by a
parent, other family member, or person acting on behalf of the
parent or family member, that prevents another individual from
exercising lawful custody or visitation rights.
(2) Flagging.--The term ``flagging'' means the process of
notifying law enforcement authorities of the name and address
of any person requesting the school records of an abducted
child.
(3) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village or regional or
village corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, any territory or
possession of the United States, and any Indian tribe.
SEC. 4. GRANTS TO STATES.
(a) Matching Grants.--The Attorney General shall make grants to
States for projects involving--
(1) the extradition of individuals suspected of committing
a family abduction back to the State from which the child was
taken;
(2) the investigation by State and local law enforcement
agencies of family abduction cases;
(3) the training of State and local law enforcement
agencies in responding to family abductions and recovering
abducted children, including the development of written
guidelines and technical assistance;
(4) outreach and media campaigns to educate parents on the
dangers of family abductions; and
(5) the flagging of school records.
(b) Matching Requirement.--Not less than 50 percent of the cost of
a project for which a grant is made under this section shall be
provided by non-Federal sources.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this Act, there are authorized to
be appropriated to the Attorney General $500,000 for fiscal year 2004
and such sums as may be necessary for each of fiscal years 2005 and
2006. | Family Abduction Prevention Act of 2004 - Directs the Attorney General to make grants to States for projects involving: (1) the extradition of individuals suspected of committing a family abduction back to the State from which the child was taken; (2) investigation by law enforcement agencies of family abduction cases; (3) training for law enforcement agencies in responding to family abductions and recovering abducted children; (4) outreach and media campaigns to educate parents on the dangers of family abductions; and (5) notifying law enforcement authorities of the name and address of anyone requesting the school records of an abducted child. Requires that not less than 50 percent of the cost of a project for which a grant is made be provided by non-Federal sources. | A bill to authorize the Attorney General to make grants to improve the ability of State and local governments to prevent the abduction of children by family members, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Price Gouging Prevention
Act''.
SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE AND OTHER PETROLEUM
DISTILLATES DURING EMERGENCIES.
(a) Unconscionable Pricing.--
(1) In general.--It shall be unlawful for any person to
sell, at wholesale or at retail in an area and during a period
of an energy emergency, gasoline or any other petroleum
distillate covered by a proclamation issued under paragraph (2)
at a price that--
(A) is unconscionably excessive; and
(B) indicates the seller is taking unfair advantage
of the circumstances related to an energy emergency to
increase prices unreasonably.
(2) Energy emergency proclamation.--
(A) In general.--The President may issue an energy
emergency proclamation for any area within the
jurisdiction of the United States, during which the
prohibition in paragraph (1) shall apply. The
proclamation shall state the geographic area covered,
the gasoline or other petroleum distillate covered, and
the time period that such proclamation shall be in
effect.
(B) Duration.--The proclamation--
(i) may not apply for a period of more than
30 consecutive days, but may be renewed for
such consecutive periods, each not to exceed 30
days, as the President determines appropriate;
and
(ii) may include a period of time not to
exceed 1 week preceding a reasonably
foreseeable emergency.
(3) Factors considered.--In determining whether a person
has violated paragraph (1), there shall be taken into account,
among other factors--
(A) whether the amount charged by such person for
the applicable gasoline or other petroleum distillate
at a particular location in an area covered by a
proclamation issued under paragraph (2) during the
period such proclamation is in effect--
(i) grossly exceeds the average price at
which the applicable gasoline or other
petroleum distillate was offered for sale by
that person during the 30 days prior to such
proclamation;
(ii) grossly exceeds the price at which the
same or similar gasoline or other petroleum
distillate was readily obtainable in the same
area from other competing sellers during the
same period;
(iii) reasonably reflected additional
costs, not within the control of that person,
that were paid, incurred, or reasonably
anticipated by that person, or reflected
additional risks taken by that person to
produce, distribute, obtain, or sell such
product under the circumstances; and
(iv) was substantially attributable to
local, regional, national, or international
market conditions; and
(B) whether the quantity of gasoline or other
petroleum distillate the person produced, distributed,
or sold in an area covered by a proclamation issued
under paragraph (2) during a 30-day period following
the issuance of such proclamation increased over the
quantity that that person produced, distributed, or
sold during the 30 days prior to such proclamation,
taking into account usual seasonal demand variations.
(b) False Pricing Information.--It shall be unlawful for any person
to report to a Federal agency information related to the wholesale
price of gasoline or other petroleum distillates with actual knowledge
or knowledge fairly implied on the basis of objective circumstances
that such information is false or misleading.
(c) Definitions.--As used in this section--
(1) the term ``wholesale'', with respect to sales of
gasoline or other petroleum distillates, means either truckload
or smaller sales of gasoline or petroleum distillates where
title transfers at a product terminal or a refinery, and dealer
tank wagon sales of gasoline or petroleum distillates priced on
a delivered basis to retail outlets; and
(2) the term ``retail'', with respect to sales of gasoline
or other petroleum distillates, includes all sales to end users
such as motorists as well as all direct sales to other end
users such as agriculture, industry, residential, and
commercial consumers.
(d) Construction.--As described in this section, a sale of gasoline
or other petroleum distillate does not include a transaction on a
futures market.
SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement by FTC.--A violation of section 2 shall be treated
as a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission
shall enforce this Act in the same manner, by the same means, and with
the same jurisdiction as though all applicable terms and provisions of
the Federal Trade Commission Act were incorporated into and made a part
of this Act. In enforcing section 2(a) of this Act, the Commission
shall give priority to enforcement actions concerning companies with
total United States wholesale or retail sales of gasoline and other
petroleum distillates in excess of $500,000,000 per year.
(b) Civil Penalties.--
(1) In general.--Notwithstanding the penalties set forth
under the Federal Trade Commission Act, any person who violates
this Act with actual knowledge or knowledge fairly implied on
the basis of objective circumstances shall be subject to the
following penalties:
(A) Price gouging; unjust profits.--Any person who
violates section 2(a) shall be subject to--
(i) a fine of not more than 3 times the
amount of profits gained by such person through
such violation; or
(ii) a fine of not more than $3,000,000.
(B) False information.--Any person who violates
section 2(b) shall be subject to a civil penalty of not
more than $1,000,000.
(2) Method.--The penalties provided by paragraph (1) shall
be obtained in the same manner as civil penalties obtained
under section 5 of the Federal Trade Commission Act (15 U.S.C.
45).
(3) Multiple offenses; mitigating factors.--In assessing
the penalty provided by subsection (a)--
(A) each day of a continuing violation shall be
considered a separate violation; and
(B) the court shall take into consideration, among
other factors, the seriousness of the violation and the
efforts of the person committing the violation to
remedy the harm caused by the violation in a timely
manner.
SEC. 4. CRIMINAL PENALTIES.
(a) In General.--In addition to any penalty applicable under
section 3, any person who violates section 2 shall be fined under title
18, United States Code--
(1) if a corporation, not to exceed $150,000,000; and
(2) if an individual not to exceed $2,000,000, or
imprisoned for not more than 10 years, or both.
(b) Enforcement.--The criminal penalty provided by subsection (a)
may be imposed only pursuant to a criminal action brought by the
Attorney General or other officer of the Department of Justice.
SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL.
(a) In General.--A State, as parens patriae, may bring a civil
action on behalf of its residents in an appropriate district court of
the United States to enforce the provisions of section 2(a) of this
Act, or to impose the civil penalties authorized by section 3(b)(1)(B),
whenever the attorney general of the State has reason to believe that
the interests of the residents of the State have been or are being
threatened or adversely affected by a violation of this Act or a
regulation under this Act, involving a retail sale.
(b) Notice.--The State shall serve written notice to the Federal
Trade Commission of any civil action under subsection (a) prior to
initiating such civil action. The notice shall include a copy of the
complaint to be filed to initiate such civil action, except that if it
is not feasible for the State to provide such prior notice, the State
shall provide such notice immediately upon instituting such civil
action.
(c) Authority To Intervene.--Upon receiving the notice required by
subsection (b), the Federal Trade Commission may intervene in such
civil action and upon intervening--
(1) be heard on all matters arising in such civil action;
and
(2) file petitions for appeal of a decision in such civil
action.
(d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall prevent the attorney
general of a State from exercising the powers conferred on the attorney
general 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.
(e) Venue; Service of Process.--In a civil action brought under
subsection (a)--
(1) the venue shall be a judicial district in which--
(A) the defendant operates;
(B) the defendant was authorized to do business; or
(C) the defendant in the civil action is found;
(2) process may be served without regard to the territorial
limits of the district or of the State in which the civil
action is instituted; and
(3) a person who participated with the defendant in an
alleged violation that is being litigated in the civil action
may be joined in the civil action without regard to the
residence of the person.
(f) Limitation on State Action While Federal Action Is Pending.--If
the Federal Trade Commission has instituted a civil action or an
administrative action for violation of this Act, no State attorney
general, or official or agency of a State, may bring an action under
this subsection during the pendency of that action against any
defendant named in the complaint of the Federal Trade Commission or the
other agency for any violation of this Act alleged in the complaint.
(g) Enforcement of State Law.--Nothing contained in this section
shall prohibit an authorized State official from proceeding in State
court to enforce a civil or criminal statute of such State.
SEC. 6. LOW INCOME ENERGY ASSISTANCE.
Amounts collected in fines and penalties under section 3 of this
Act shall be deposited in a separate fund in the treasury to be known
as the Consumer Relief Trust Fund. To the extent provided for in
advance in appropriations Acts, the fund shall be used to provide
assistance under the Low Income Home Energy Assistance Program
administered by the Secretary of Health and Human Services.
SEC. 7. EFFECT ON OTHER LAWS.
(a) Other Authority of Federal Trade Commission.--Nothing in this
Act shall be construed to limit or affect in any way the Federal Trade
Commission's authority to bring enforcement actions or take any other
measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
or any other provision of law.
(b) State Law.--Nothing in this Act preempts any State law.
Passed the House of Representatives May 23, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Federal Price Gouging Prevention Act - (Sec. 2) Makes it unlawful during a period proclaimed by the President as an energy emergency to sell gasoline or any other petroleum distillate at a price that: (1) is unconscionably excessive; or (2) indicates the seller is taking unfair advantage of the circumstances of an emergency to increase prices unreasonably.
Authorizes the President to issue an energy emergency proclamation and to cite the geographic area covered, the gasoline or other petroleum distillate covered, and the time period that it shall be in effect.
Limits such proclamation to a period of up to 30 consecutive days, but authorizes renewals of up to 30 days.
Authorizes a proclamation to include a period of up to one week preceding a reasonably foreseeable emergency.
Sets forth factors to be considered in determining whether a violation of this Act has occurred.
Declares unlawful any false or misleading reporting to a federal agency of price information with actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that such information is false or misleading.
Exempts from this Act a sale of gasoline or other petroleum distillate transaction on a futures market.
(Sec. 3) Empowers the Federal Trade Commission (FTC) and state attorneys general to enforce this Act.
Subjects any person who violates this Act to specified civil and criminal penalties.
States that the criminal penalty may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice.
(Sec. 5) Provides that a state, as parens patriae, may bring a civil action in federal district court to enforce the unconscionable pricing prohibition of this Act, or to impose the civil penalties authorized by this Act, whenever the state's attorney general has reason to believe that the interests of state residents have been or are being threatened or adversely affected by a violation of this Act, or a regulation under it, which involves a retail sale.
(Sec. 6) Requires fines and penalties collected under this Act to be deposited in a separate Consumer Relief Trust Fund in the Treasury to provide assistance under the Low Income Home Energy Assistance (LIHEAP) Program administered by the Secretary of Health and Human Services.
(Sec. 7) Declares that nothing in this Act preempts state law. | To protect consumers from price-gouging of gasoline and other fuels, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Custody Protection Act''.
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 117 the following:
``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
LAWS RELATING TO ABORTION
``Sec
``2431. Transportation of minors in circumvention of certain laws
relating to abortion
``Sec. 2431. Transportation of minors in circumvention of certain laws
relating to abortion
``(a) Offense.--
``(1) Generally.--Except as provided in subsection (b),
whoever knowingly transports a minor across a State line, with
the intent that such minor obtain an abortion, and thereby in
fact abridges the right of a parent under a law requiring
parental involvement in a minor's abortion decision, in force
in the State where the minor resides, shall be fined under this
title or imprisoned not more than one year, or both.
``(2) Definition.--For the purposes of this subsection, an
abridgement of the right of a parent occurs if an abortion is
performed on the minor, in a State other than the State where
the minor resides, without the parental consent or
notification, or the judicial authorization, that would have
been required by that law had the abortion been performed in
the State where the minor resides.
``(b) Exceptions.--
``(1) The prohibition of subsection (a) does not apply if
the abortion was necessary to save the life of the minor
because her life was endangered by a physical disorder,
physical injury, or physical illness, including a life
endangering physical condition caused by or arising from the
pregnancy itself.
``(2) A minor transported in violation of this section, and
any parent of that minor, may not be prosecuted or sued for a
violation of this section, a conspiracy to violate this
section, or an offense under section 2 or 3 based on a
violation of this section.
``(c) Affirmative Defense.--It is an affirmative defense to a
prosecution for an offense, or to a civil action, based on a violation
of this section that the defendant reasonably believed, based on
information the defendant obtained directly from a parent of the minor
or other compelling facts, that before the minor obtained the abortion,
the parental consent or notification, or judicial authorization took
place that would have been required by the law requiring parental
involvement in a minor's abortion decision, had the abortion been
performed in the State where the minor resides.
``(d) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action.
``(e) Definitions.--For the purposes of this section--
``(1) a `law requiring parental involvement in a minor's
abortion decision' means a law--
``(A) requiring, before an abortion is performed on
a minor, either--
``(i) the notification to, or consent of, a
parent of that minor; or
``(ii) proceedings in a State court; and
``(B) that does not provide as an alternative to
the requirements described in subparagraph (A)
notification to or consent of any person or entity who
is not described in that subparagraph;
``(2) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) a person standing in loco parentis who has
care and control of the minor, and with whom the minor
regularly resides, who is designated by the law
requiring parental involvement in the minor's abortion
decision as a person to whom notification, or from whom
consent, is required;
``(3) the term `minor' means an individual who is not older
than the maximum age requiring parental notification or
consent, or proceedings in a State court, under the law
requiring parental involvement in a minor's abortion decision;
and
``(4) the term `State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 117 the following new item:
``117A. Transportation of minors in circumvention of 2431''.
certain laws relating to abortion. | Child Custody Protection Act - Amends the federal criminal code to prohibit transporting a minor across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minors state of residence that requires parental involvement in the minors abortion decision). Makes an exception for an abortion necessary to save the life of the minor.
Protects from prosecution or civil liability the minor or the minors parents for violations of this Act.
Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place.
Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis. | A bill to amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions. |
SECTION 1. PERMANENT EXTENSION OF ESTATE TAX AS IN EFFECT IN 2009.
(a) Exclusion Equivalent of Unified Credit Equal to $3,500,000.--
Subsection (c) of section 2010 of the Internal Revenue Code of 1986
(relating to unified credit against estate tax) is amended to read as
follows:
``(c) Applicable Credit Amount.--
``(1) In general.--For purposes of this section, the
applicable credit amount is the amount of the tentative tax
which would be determined under section 2001(c) if the amount
with respect to which such tentative tax is to be computed were
equal to the applicable exclusion amount.
``(2) Applicable exclusion amount.--
``(A) In general.--For purposes of this subsection,
the applicable exclusion amount is $3,500,000.
``(B) Inflation adjustment.--In the case of any
decedent dying in a calendar year after 2010, the
dollar amount 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 such
calendar year by substituting `calendar year
2009' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $10,000, such amount shall be
rounded to the nearest multiple of $10,000.''.
(b) Maximum Estate Tax Rate Equal to 45 Percent.--
(1) In general.--Subsection (c) of section 2001 of the
Internal Revenue Code of 1986 (relating to imposition and rate
of tax) is amended--
(A) by striking ``but not over $2,000,000'' in the
table contained in paragraph (1),
(B) by striking the last 2 items in such table,
(C) by striking ``(1) in general.--'', and
(D) by striking paragraph (2).
(2) Conforming amendment.--Paragraphs (1) and (2) of
section 2102(b) of such Code are amended to read as follows:
``(1) In general.--A credit in an amount that would be
determined under section 2010 as the applicable credit amount
if the applicable exclusion amount were $60,000 shall be
allowed against the tax imposed by section 2101.
``(2) Residents of possessions of the united states.--In
the case of a decedent who is considered to be a `nonresident
not a citizen of the United States' under section 2209, the
credit allowed under this subsection shall not be less than the
proportion of the amount that would be determined under section
2010 as the applicable credit amount if the applicable
exclusion amount were $175,000 which the value of that part of
the decedent's gross estate which at the time of the decedent's
death is situated in the United States bears to the value of
the decedent's entire gross estate, wherever situated.''.
(c) Modifications of Estate and Gift Taxes To Reflect Differences
in Unified Credit Resulting From Different Tax Rates.--
(1) Estate tax.--
(A) In general.--Section 2001(b)(2) of the Internal
Revenue Code of 1986 (relating to computation of tax)
is amended by striking ``if the provisions of
subsection (c) (as in effect at the decedent's death)''
and inserting ``if the modifications described in
subsection (g)''.
(B) Modifications.--Section 2001 of such Code is
amended by adding at the end the following new
subsection:
``(g) Modifications to Gift Tax Payable To Reflect Different Tax
Rates.--For purposes of applying subsection (b)(2) with respect to 1 or
more gifts, the rates of tax under subsection (c) in effect at the
decedent's death shall, in lieu of the rates of tax in effect at the
time of such gifts, be used both to compute--
``(1) the tax imposed by chapter 12 with respect to such
gifts, and
``(2) the credit allowed against such tax under section
2505, including in computing--
``(A) the applicable credit amount under section
2505(a)(1), and
``(B) the sum of the amounts allowed as a credit
for all preceding periods under section 2505(a)(2).
For purposes of paragraph (2)(A), the applicable credit amount
for any calendar year before 1998 is the amount which would be
determined under section 2010(c) if the applicable exclusion
amount were the dollar amount under section 6018(a)(1) for such
year.''.
(2) Gift tax.--Section 2505(a) of such Code (relating to
unified credit against gift tax) is amended by adding at the
end the following new flush sentence:
``For purposes of applying paragraph (2) for any calendar year, the
rates of tax in effect under section 2502(a)(2) for such calendar year
shall, in lieu of the rates of tax in effect for preceding calendar
periods, be used in determining the amounts allowable as a credit under
this section for all preceding calendar periods.''.
(d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, generation-skipping transfers, and
gifts made, after December 31, 2009.
(e) Additional Modifications to Estate Tax.--
(1) 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.
(2) Sunset not to apply.--
(A) 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.''.
(B) Subsection (b) of such section 901 is amended
by striking ``, estates, gifts, and transfers''.
(3) Repeal of deadwood.--
(A) Sections 2011, 2057, and 2604 of the Internal
Revenue Code of 1986 are hereby repealed.
(B) The table of sections for part II of subchapter
A of chapter 11 of such Code is amended by striking the
item relating to section 2011.
(C) The table of sections for part IV of subchapter
A of chapter 11 of such Code is amended by striking the
item relating to section 2057.
(D) The table of sections for subchapter A of
chapter 13 of such Code is amended by striking the item
relating to section 2604.
(f) Sense of the Senate Regarding Revenue Neutrality.--It is the
sense of the Senate that any reduction in Federal revenues resulting
from the provisions of, and amendments made by, this section should be
fully offset. | Amends the Internal Revenue Code to: (1) restore the unified credit against the estate and gift tax after 2009; (2) establish the amount of such credit at $3.5 million adjusted for inflation in calendar years after 2010; and (3) reduce the maximum estate and gift tax rate to 45%.
Expresses the sense of the Senate that any reduction in federal revenues resulting from this Act should be fully offset. | A bill to amend the Internal Revenue Code of 1986 to permanently extend the estate tax as in effect in 2009, and for other purposes. |
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